Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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Fabio
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---
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citation: "31 U.S.C. § 101"
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---
# 31 U.S.C. § 101 - Agency
## Text
In this title, “agency” means a department, agency, or instrumentality of the United States Government.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 877.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 101(no source). The section is included to avoid the necessity for defining “agency” each time it is used in the revised title.
@@ -0,0 +1,39 @@
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# 31 U.S.C. § 102 - Executive agency
## Text
In this title, “executive agency” means a department, agency, or instrumentality in the executive branch of the United States Government.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 877.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 102(no source). The section is included to avoid the necessity for defining “executive agency” each time it is used in the revised title.
@@ -0,0 +1,39 @@
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# 31 U.S.C. § 103 - United States
## Text
In this title, “United States”, when used in a geographic sense, means the States of the United States and the District of Columbia.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 877.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 103(no source). The section is included to avoid the necessity for defining “United States” each time it is used in the revised title.
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title_number: 31
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---
# 31 U.S.C. § 1101 - Definitions
## Text
In this chapter—
(1) “agency” includes the District of Columbia government but does not include the legislative branch or the Supreme Court.
(2) “appropriations” means appropriated amounts and includes, in appropriate context—
(A) funds;
(B) authority to make obligations by contract before appropriations; and
(C) other authority making amounts available for obligation or expenditure.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 907.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1101(1)31:2(1st4th pars.).June 10, 1921, ch. 18, § 2(1st5th pars.), 42 Stat. 20; Apr. 3, 1939, ch. 36, § 201, 53 Stat. 565; July 31, 1953, ch. 302, § 101(1st proviso in par. under heading “Bureau of the Budget”), 67 Stat. 299. 1101(2)31:2(last par.).June 10, 1921, ch. 18, 42 Stat. 20, § 2(last par.); added Sept. 12, 1950, ch. 946, § 101, 64 Stat. 832. In the section, a reference to 31:71 and 471 is omitted because the definitions in the section are not used in 31:71 and 471. In clause (1), “agency” (which is defined for purposes of this title in section 101 to mean a department, agency, or instrumentality of the United States) is coextensive with and substituted for the term “department or establishment” which was defined in 31:2 as in part meaning “any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including any independent regulatory commission or board”. This definition merely restates and continues, and does not in any way change or expand, the definition in 31:2. Under that definition, entities such as the Tennessee Valley Authority that have been interpreted to be outside the purview of the definition will continue to be outside the purview in the same manner and to the same extent that they were under 31:2. The words “includes the District of Columbia government” are used because of existing law but the inclusion of these words is not to be interpreted as construing the extent to which the District of Columbia Self-Government and Governmental Reorganizational Act (Pub. L. 93198, 87 Stat. 774) supersedes the provisions codified in this title. The words “of the United States” are omitted as surplus. The text of 31:2(2d4th pars.) is omitted as unnecessary because of the restatement. The text of section 2(3d par.) of the Budget and Accounting Act, 1921 (ch. 18, 42 Stat. 20), is omitted as obsolete because of section 501 of the revised title.
Statutory Notes and Related Subsidiaries
Short Title of 2024 AmendmentPub. L. 118190, § 1, Dec. 23, 2024, 138 Stat. 2653, provided that: “This Act [amending sections 1115, 1116, 1120 to 1122, and 9704 of this title and section 306 of Title 5, Government Organization and Employees, and repealing sections 1118 and 1119 of this title] may be cited as the Federal Agency Performance Act of 2024.” Pub. L. 118172, § 1, Dec. 23, 2024, 138 Stat. 2593, provided that: “This Act [amending sections 1105 and 1125 of this title, enacting provisions set out as a note under section 1125 of this title, and amending provisions set out as a note preceding section 4101 of Title 44, Public Printing and Documents] may be cited as the Eliminate Useless Reports Act of 2024.”
Short Title of 2022 AmendmentPub. L. 117263, div. E, title LIII, § 5303(a), Dec. 23, 2022, 136 Stat. 3250, provided that: “This section [amending section 1115 of this title] may be cited as the Performance Enhancement Reform Act.”
Short Title of 2019 AmendmentPub. L. 115414, § 1, Jan. 3, 2019, 132 Stat. 5430, provided that: “This Act [amending section 720 of this title and enacting provisions set out as a note under section 1105 of this title] may be cited as the Good Accounting Obligation in Government Act or the GAOIG Act.”
Short Title of 2011 AmendmentPub. L. 111352, § 1(a), Jan. 4, 2011, 124 Stat. 3866, provided that: “This Act [enacting sections 1115, 1116, and 1120 to 1125 of this title and section 306 of Title 5, Government Organization and Employees, amending section 1105 of this title, repealing sections 1115 and 1116 of this title and section 306 of Title 5, and enacting provisions set out as notes under section 1115 of this title and section 5105 of Title 5] may be cited as the GPRA Modernization Act of 2010.”
Short Title of 2010 AmendmentPub. L. 111291, title IV, § 401, Dec. 8, 2010, 124 Stat. 3097, provided that: “This title [amending section 1105 of this title, enacting provisions set out as a note under section 1105 of this title, and amending provisions set out as a note under this section] may be cited as the Crow Tribe Water Rights Settlement Act of 2010.”
Short Title of 1993 AmendmentPub. L. 10362, § 1, Aug. 3, 1993, 107 Stat. 285, provided that: “This Act [enacting sections 1115 to 1119, 9703, and 9704 of this title, section 306 of Title 5, Government Organization and Employees, and sections 2801 to 2805 of Title 39, Postal Service, amending section 1105 of this title, and enacting provisions set out as notes under section 1115 of this title] may be cited as the Government Performance and Results Act of 1993.”
Short Title of 1984 AmendmentPub. L. 98501, title II, § 201, Oct. 19, 1984, 98 Stat. 2324, provided that: “This title [amending section 1105 of this title and enacting provisions set out as a note under section 1105 of this title] may be cited as the Federal Capital Investment Program Information Act of 1984.”
Construction of 1993 AmendmentPub. L. 10362, § 10, Aug. 3, 1993, 107 Stat. 295, provided that: “No provision or amendment made by this Act [see Short Title of 1993 Amendment note set out above] may be construed as— “(1) creating any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in such capacity, and no person who is not an officer or employee of the United States acting in such capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this Act; or “(2) superseding any statutory requirement, including any requirement under section 553 of title 5, United States Code.”
Congressional Findings and Statement of PurposesPub. L. 10362, § 2, Aug. 3, 1993, 107 Stat. 285, provided that: “(a) Findings.—The Congress finds that—“(1) waste and inefficiency in Federal programs undermine the confidence of the American people in the Government and reduces the Federal Governments ability to address adequately vital public needs; “(2) Federal managers are seriously disadvantaged in their efforts to improve program efficiency and effectiveness, because of insufficient articulation of program goals and inadequate information on program performance; and “(3) congressional policymaking, spending decisions and program oversight are seriously handicapped by insufficient attention to program performance and results. “(b) Purposes.—The purposes of this Act [see Short Title of 1993 Amendment note set out above] are to—“(1) improve the confidence of the American people in the capability of the Federal Government, by systematically holding Federal agencies accountable for achieving program results; “(2) initiate program performance reform with a series of pilot projects in setting program goals, measuring program performance against those goals, and reporting publicly on their progress; “(3) improve Federal program effectiveness and public accountability by promoting a new focus on results, service quality, and customer satisfaction; “(4) help Federal managers improve service delivery, by requiring that they plan for meeting program objectives and by providing them with information about program results and service quality; “(5) improve congressional decisionmaking by providing more objective information on achieving statutory objectives, and on the relative effectiveness and efficiency of Federal programs and spending; and “(6) improve internal management of the Federal Government.”
Congressional OversightPub. L. 10362, § 8(a), Aug. 3, 1993, 107 Stat. 294, provided that: “Nothing in this Act [see Short Title of 1993 Amendment note set out above] shall be construed as limiting the ability of Congress to establish, amend, suspend, or annul a performance goal. Any such action shall have the effect of superseding that goal in the plan submitted under section 1105(a)(29) [now 1105(a)(28)] of title 31, United States Code.”
Executive Documents
Executive Order No. 13037 Ex. Ord. No. 13037, Mar. 3, 1997, 62 F.R. 10185, as amended by Ex. Ord. No. 13066, Oct. 29, 1997, 62 F.R. 59273; Ex. Ord. No. 13108, Dec. 11, 1998, 63 F.R. 69175, which established the Commission to Study Capital Budgeting, was revoked by Ex. Ord. No. 13138, § 3(d), Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under section 14 of the Appendix to Title 5, Government Organization and Employees.
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# 31 U.S.C. § 1102 - Fiscal year
## Text
The fiscal year of the Treasury begins on October 1 of each year and ends on September 30 of the following year. Accounts of receipts and expenditures required under law to be published each year shall be published for the fiscal year.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 908.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 110231:1020.R.S. § 237; Oct. 1, 1890, ch. 1256, § 9, 26 Stat. 646; restated July 12, 1974, Pub. L. 93344, § 501, 88 Stat. 321. The words “in all matters of accounts, receipts, expenditures, estimates, and appropriations” are omitted as being included in “fiscal”. The word “prepared” is omitted as being included in “published”. The words “as established by subsection (a) of this section” are omitted as unnecessary because of the restatement. The text of 31:1020(a)(1) and the words “beginning on October 1, 1976” are omitted as executed.
Statutory Notes and Related Subsidiaries
Fiscal Year Transition Period of July 1, 1976, Through September 30, 1976Pub. L. 94274, Apr. 21, 1976, 90 Stat. 383, provided for an orderly transition to the new Oct. 1 to Sept. 30 fiscal year for particular acts by specifying how the period of July 1, 1976, through Sept. 30, 1976, was to be treated for fiscal year purposes.
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# 31 U.S.C. § 1103 - Budget ceiling
## Text
Congress reaffirms its commitment that budget outlays of the United States Government for a fiscal year may be not more than the receipts of the Government for that year.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 908.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 110331:27.Oct. 10, 1978, Pub. L. 95435, § 7, 92 Stat. 1053; restated Oct. 7, 1980, Pub. L. 96389, § 3, 94 Stat. 1553. The word “total” is omitted as surplus. The words “for a fiscal year” are substituted for “beginning with Fiscal Year 1981” because of the restatement and to eliminate executed words. The words “for that year” are added because of the restatement.
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# 31 U.S.C. § 1106 - Supplemental budget estimates and changes
## Text
(a) Before July 16 of each year, the President shall submit to Congress a supplemental summary of the budget for the fiscal year for which the budget is submitted under section 1105(a) of this title. The summary shall include—
(1) for that fiscal year—
(A) substantial changes in or reappraisals of estimates of expenditures and receipts;
(B) substantial obligations imposed on the budget after its submission;
(C) current information on matters referred to in section 1105(a)(8) and (9)(B) and (C) of this title; and
(D) additional information the President decides is advisable to provide Congress with complete and current information about the budget and current estimates of the functions, obligations, requirements, and financial condition of the United States Government;
(2) for the 4 fiscal years following the fiscal year for which the budget is submitted, information on estimated expenditures for programs authorized to continue in future years, or that are considered mandatory, under law; and
(3) for future fiscal years, information on estimated expenditures of balances carried over from the fiscal year for which the budget is submitted.
(b) Before July 16 of each year, the President shall submit to Congress a statement of changes in budget authority requested, estimated budget outlays, and estimated receipts for the fiscal year for which the budget is submitted (including prior changes proposed for the executive branch of the Government) that the President decides are necessary and appropriate based on current information. The statement shall include the effect of those changes on the information submitted under section 1105(a)(1)(14) and (b) of this title and shall include supporting information as practicable. The statement submitted before July 16 may be included in the information submitted under subsection (a)(1) of this section.
(c) Subsection (f) of section 1105 shall apply to revisions and supplemental summaries submitted under this section to the same extent that such subsection applies to the budget submitted under section 1105(a) to which such revisions and summaries relate.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 911; Pub. L. 99177, title II, § 242, Dec. 12, 1985, 99 Stat. 1063.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1106(a)31:11(b), (c).June 10, 1921, ch. 18, 42 Stat. 20, § 201(b), (c); added Aug. 25, 1958, Pub. L. 85759, § 1, 72 Stat. 852; restated Oct. 26, 1970, Pub. L. 91510, § 221(b), 84 Stat. 1169; July 12, 1974, Pub. L. 93344, § 602, 88 Stat. 324. 1106(b)31:11(g)(1st3d sentences).June 10, 1921, ch. 18, 42 Stat. 20, § 201(g)(1st3d sentences); added July 12, 1974, Pub. L. 93344, § 601, 88 Stat. 323. In subsection (a), before clause (1), the words “Before July 16” are substituted for “on or before July 15” for consistency. The words “budget for the fiscal year for which the budget is submitted” are substituted for “Budget for the ensuing fiscal year transmitted to the Congress by the President” to eliminate unnecessary words and for consistency in the chapter. The words “in such form and detail as he may determine” are omitted as unnecessary. In clause (1)(D), the words “in summary form” and “summary of” are omitted as unnecessary. The word “necessary” is omitted as being included in “advisable”. In clauses (2) and (3), the word “information” is substituted for “summaries” because of the restatement. In clause (2), the words “programs authorized to continue in future years, or that are considered mandatory, under law” are substituted for “continuing programs which have a legal commitment for future years or are considered mandatory under existing law” for consistency. In subsection (b), the words “Before April 11 and July 16” are substituted for “on or before April 10 and July 15”, the word “changes” is substituted for “all amendments to or revisions in”, and the words “budget outlays” are substituted for “outlays”, the words “fiscal year for which the budget is submitted” are substituted for “ensuing fiscal year set forth in the Budget transmitted pursuant to subsection (a) of this section”, for consistency. The word “information” is substituted for “summary data” because of the restatement.
Editorial Notes
Amendments1985—Subsec. (b). Pub. L. 99177, § 242(a), struck out “April 11 and” before “July 16”. Subsec. (c). Pub. L. 99177, § 242(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1985 AmendmentAmendment by Pub. L. 99177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, but with subsec. (c) to expire Sept. 30, 2002, see section 275(a)(1), (b) of Pub. L. 99177, formerly set out as an Effective and Termination Dates note under section 900 of Title 2, The Congress, prior to repeal by Pub. L. 11225, title I, § 104(a), Aug. 2, 2011, 125 Stat. 246.
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# 31 U.S.C. § 1107 - Deficiency and supplemental appropriations
## Text
The President may submit to Congress proposed deficiency and supplemental appropriations the President decides are necessary because of laws enacted after the submission of the budget or that are in the public interest. The President shall include the reasons for the submission of the proposed appropriations and the reasons the proposed appropriations were not included in the budget. When the total proposed appropriations would have required the President to make a recommendation under section 1105(c) of this title if they had been included in the budget, the President shall make a recommendation under that section. The President shall transmit promptly to Congress without change, proposed deficiency and supplemental appropriations submitted to the President by the legislative branch and the judicial branch.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 911; Pub. L. 11274, div. C, title VI, § 619, Dec. 23, 2011, 125 Stat. 926.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 110731:14.June 10, 1921, ch. 18, § 203, 42 Stat. 21; restated Sept. 12, 1950, ch. 946, § 102(b), 64 Stat. 833. In the section, the words “reach an aggregate which” are omitted as surplus.
Editorial Notes
Amendments2011—Pub. L. 11274 inserted at end “The President shall transmit promptly to Congress without change, proposed deficiency and supplemental appropriations submitted to the President by the legislative branch and the judicial branch.”
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# 31 U.S.C. § 1109 - Current programs and activities estimates
## Text
(a) On or before the first Monday after January 3 of each year (on or before February 5 in 1986), the President shall submit to both Houses of Congress the estimated budget outlays and proposed budget authority that would be included in the budget for the following fiscal year if programs and activities of the United States Government were carried on during that year at the same level as the current fiscal year without a change in policy. The President shall state the estimated budget outlays and proposed budget authority by function and subfunction under the classifications in the budget summary table under the heading “Budget Authority and Outlays by Function and Agency”, by major programs in each function, and by agency. The President also shall include a statement of the economic and program assumptions on which those budget outlays and budget authority are based, including inflation, real economic growth, and unemployment rates, program caseloads, and pay increases.
(b) The Joint Economic Committee shall review the estimated budget outlays and proposed budget authority and submit an economic evaluation of the budget outlays and budget authority to the Committees on the Budget of both Houses before March 1 of each year.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 913; Pub. L. 99177, title II, § 222, Dec. 12, 1985, 99 Stat. 1060.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1109(a)31:11a(a).July 12, 1974, Pub. L. 93344, § 605, 88 Stat. 325. 1109(b)31:11a(b). In the section, the words “budget outlays” are substituted for “outlays” for consistency in the revised title. In subsection (a), the words “Before November 11” are substituted for “On or before November 10”, the words “both Houses of Congress” are substituted for “the Senate and the House of Representatives”, the word “following” is substituted for “ensuing”, and the word “current” is substituted for “in progress”, for consistency. The words “(beginning with 1975)” are omitted as executed. The words “of the United States Government” are added for clarity. The words “in such programs and activities” are omitted as surplus. The words “The President shall state” are substituted for “shall be shown”, and the words “The President also shall include” are substituted for “Accompanying these estimates shall be”, because of the restatement. In subsection (b), the words “so submitted” are omitted as unnecessary. The words “before January 1” are substituted for “on or before December 31” for consistency.
Editorial Notes
Amendments1985—Subsec. (a). Pub. L. 99177, § 222(a), substituted “On or before the first Monday after January 3 of each year (on or before February 5 in 1986)” for “Before November 11 of each year”. Subsec. (b). Pub. L. 99177, § 222(b), substituted “March 1” for “January 1”.
Statutory Notes and Related Subsidiaries
Effective Date of 1985 AmendmentAmendment by Pub. L. 99177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99177, formerly set out as an Effective and Termination Dates note under section 900 of Title 2, The Congress, prior to repeal by Pub. L. 11225, title I, § 104(a), Aug. 2, 2011, 125 Stat. 246.
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# 31 U.S.C. § 1110 - Year-ahead requests for authorizing legislation
## Text
A request to enact legislation authorizing new budget authority to continue a program or activity for a fiscal year shall be submitted to Congress before May 16 of the year before the year in which the fiscal year begins. If a new program or activity will continue for more than one year, the request must be submitted for at least the first and 2d fiscal years.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 913.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 111031:11c.July 12, 1974, Pub. L. 93344, § 607, 88 Stat. 325. The words “Notwithstanding any other provision of law” are omitted as unnecessary. The words “the enactment of” before “new” are omitted as surplus. The words “(beginning with the fiscal year commencing October 1, 1976)” are omitted as executed. The words “a request for the enactment of legislation authorizing the enactment of new budget authority for” are omitted for consistency in the chapter.
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# 31 U.S.C. § 1111 - Improving economy and efficiency
## Text
To improve economy and efficiency in the United States Government, the President shall—
(1) make a study of each agency to decide, and may send Congress recommendations, on changes that should be made in—
(A) the organization, activities, and business methods of agencies;
(B) agency appropriations;
(C) the assignment of particular activities to particular services; and
(D) regrouping of services; and
(2) evaluate and develop improved plans for the organization, coordination, and management of the executive branch of the Government.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 913.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 111131:18.June 10, 1921, ch. 18, § 209, 42 Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, § 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 31:18a.Sept. 12, 1950, ch. 946, § 104, 64 Stat. 834; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. In the section, before clause (1), the words “To improve economy and efficiency in the United States Government” are substituted for “(with a view of securing greater economy and efficiency in the conduct of the public service)” in 31:18 and “with a view to efficient and economical service” in 31:18a to eliminate unnecessary words. The word “President” is substituted for “Office of Management and Budget, when directed by the President” in 31:18 and “President, through the Director of the Office of Management and Budget” in 31:18a because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 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. In clause (1), the words “existing” and “detailed” are omitted as surplus.
Executive Documents
Regulatory Reductions For provisions requiring executive departments and agencies to undertake to eliminate not less than 50 percent of its civilian internal management regulations not required by law, see Ex. Ord. No. 12861, Sept. 11, 1993, 58 F.R. 48255, set out as a note under section 601 of Title 5, Government Organization and Employees.
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# 31 U.S.C. § 1112 - Fiscal, budget, and program information
## Text
(a) In this section, “agency” means a department, agency, or instrumentality of the United States Government except a mixed-ownership Government corporation.
(b) In cooperation with the Comptroller General, the Secretary of the Treasury and the Director of the Office of Management and Budget shall establish and maintain standard data processing and information systems for fiscal, budget, and program information for use by agencies to meet the needs of the Government, and to the extent practicable, of State and local governments.
(c) The Comptroller General—
(1) in cooperation with the Secretary, the Director of the Office of Management and Budget, and the Director of the Congressional Budget Office, shall establish, maintain, and publish standard terms and classifications for fiscal, budget, and program information of the Government, including information on fiscal policy, receipts, expenditures, programs, projects, activities, and functions;
(2) when advisable, shall report to Congress on those terms and classifications, and recommend legislation necessary to promote the establishment, maintenance, and use of standard terms and classifications by the executive branch of the Government; and
(3) in carrying out this subsection, shall give particular consideration to the needs of the Committees on Appropriations and on the Budget of both Houses of Congress, the Committee on Ways and Means of the House, the Committee on Finance of the Senate, and the Congressional Budget Office.
(d) Agencies shall use the standard terms and classifications published under subsection (c)(1) of this section in providing fiscal, budget, and program information to Congress.
(e) In consultation with the President, the head of each executive agency shall take actions necessary to achieve to the extent possible—
(1) consistency in budget and accounting classifications;
(2) synchronization between those classifications and organizational structure; and
(3) information by organizational unit on performance and program costs to support budget justifications.
(f) In cooperation with the Director of the Congressional Budget Office, the Comptroller General, and appropriate representatives of State and local governments, the Director of the Office of Management and Budget (to the extent practicable) shall provide State and local governments with fiscal, budget, and program information necessary for accurate and timely determination by those governments of the impact on their budgets of assistance of the United States Government.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 913.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1112(a)31:1157.Oct. 26, 1970, Pub. L. 91510, § 207, 84 Stat. 1168. 1112(b)31:1151.Oct. 26, 1970, Pub. L. 91510, §§ 201, 202(a), (b), 203(d), 84 Stat. 1167, 1168; restated July 12, 1974, Pub. L. 93344, § 801(a), 88 Stat. 327, 328, 329. 1112(c)31:1152(a)(1)(1st, 2d sentences), (2), (b). 1112(d)31:1152(a)(1)(last sentence). 1112(e)31:18c.Sept. 12, 1950, ch. 946, 64 Stat. 832, § 106; added Aug. 1, 1956, ch. 814, § 2(a), 70 Stat. 782; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 1112(f)31:1153(d). In the section, the words “program information” are substituted for “program-related data and information” to eliminate unnecessary words. In subsection (a), the words “ agency . . . of the United States Government except a mixed-ownership Government corporation” are substituted for “ Federal agency . . . wholly owned Government corporation” for clarity and consistency in the revised title and with other titles of the United States Code. The word “establishment” is omitted as surplus. The words “government of the District of Columbia” are omitted as superseded by sections 441455, 501, and 736 of the District of Columbia Self-Government and Governmental Reorganization Act (Pub. L. 93198, 87 Stat. 798, 812, 823). In subsections (b) and (c)(1), the word “develop” is omitted as being included in “establish”. In subsection (b), the words “The development, establishment, and maintenance of such systems shall be carried out so as” are omitted as unnecessary because of the restatement. In subsection (c)(1) and (2), the words “terms and classifications” are substituted for “terminology, definitions, classifications, and codes” to eliminate unnecessary words. In clause (1), the words “The authority contained in this section shall include, but not be limited to” are omitted as surplus. In clause (2), the words “After June 30, 1975” are omitted as executed. The word “additional” is omitted as surplus. The words “establishment, maintenance, and use of” are substituted for “development, establishment, and maintenance, modification . . . implementation” to eliminate unnecessary words and for consistency in the revised section. The words “by the executive branch of the Government” are substituted for “executive” for clarity. The text of 31:1152(a)(2)(1st sentence) is omitted as executed. In clause (3), the words “this subsection” are substituted for “this responsibility” because of the restatement. In subsection (c)(1), the word “revenues” is omitted as being included in “receipts”. The word “spending” is substituted for “expenditures” for consistency in the revised title. In subsection (e), the word “President” is substituted for “Director of the Office of Management and Budget” because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 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.
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# 31 U.S.C. § 1114 - Repealed. Pub. L. 103355, title II, § 2454(c)(2), Oct. 13, 1994, 108 Stat. 3326]
## Notes
Section, Pub. L. 97258, Sept. 13, 1982, 96 Stat. 916, related to budget information on consulting services.
Statutory Notes and Related Subsidiaries
Effective Date of RepealFor effective date and applicability of repeal, see section 10001 of Pub. L. 103355, set out as an Effective Date of 1994 Amendment note under section 8752 of Title 10, Armed Forces.
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# 31 U.S.C. § 1116 - Agency performance reporting
## Text
(a) The head of each agency shall make available on a public website of the agency and to the Office of Management and Budget an update on agency performance.
(b) (1) Each update shall compare actual performance achieved with the performance goals established in the agency performance plan under section 1115(b) and shall occur not later than 150 days after the end of each fiscal year, with more frequent updates of actual performance on indicators that provide data of significant value to the Government, Congress, or program partners at a reasonable level of administrative burden.
(2) If performance goals are specified in an alternative form under section 1115(c), the results shall be described in relation to such specifications, including whether the performance failed to meet the criteria of a minimally effective or successful program.
(c) Each update shall—
(1) review the success of achieving the performance goals and include actual results for the 5 preceding fiscal years;
(2) evaluate the performance plan for the current fiscal year relative to the performance achieved toward the performance goals during the period covered by the update;
(3) explain and describe where a performance goal has not been met (including when a program activitys performance is determined not to have met the criteria of a successful program activity under section 1115(c)(1)(A)(ii) or a corresponding level of achievement if another alternative form is used)—
(A) why the goal was not met;
(B) those plans and schedules for achieving the established performance goal; and
(C) if the performance goal is impractical or infeasible, why that is the case and what action is recommended;
(4) describe the use and assess the effectiveness in achieving performance goals of any waiver under section 9703 of this title;
(5) include a review of the performance goals and evaluation of the performance plan relative to the agencys strategic human capital management;
(6) describe how the agency ensures the accuracy and reliability of the data used to measure progress towards its performance goals, including an identification of—
(A) the means used to verify and validate measured values;
(B) the sources for the data;
(C) the level of accuracy required for the intended use of the data;
(D) any limitations to the data at the required level of accuracy; and
(E) how the agency has compensated for such limitations if needed to reach the required level of accuracy;
(7) include the summary findings of those program evaluations completed during the period covered by the update; and
(8) include a summary of the findings of the review of the agency under section 1121(c).
(d) If an agency performance update includes any program activity or information that is specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy and is properly classified pursuant to such Executive Order, the head of the agency shall make such information available in the classified appendix provided under section 1115(e).
(e) The functions and activities of this section shall be considered to be inherently governmental functions. The drafting of agency performance updates under this section shall be performed only by Federal employees.
(Added Pub. L. 111352, § 4, Jan. 4, 2011, 124 Stat. 3871; amended Pub. L. 118190, §§ 2(b), 7(b), Dec. 23, 2024, 138 Stat. 2654, 2656.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 1116, added Pub. L. 10362, § 4(b), Aug. 3, 1993, 107 Stat. 288; amended Pub. L. 106531, § 5(a)(1), (b), Nov. 22, 2000, 114 Stat. 2539; Pub. L. 107296, title XIII, § 1311(b), Nov. 25, 2002, 116 Stat. 2290, related to program performance reports, prior to repeal by Pub. L. 111352, § 4, Jan. 4, 2011, 124 Stat. 3871.
Amendments2024—Subsec. (b)(1). Pub. L. 118190, § 7(b), substituted “shall occur not later than 150 days after” for “shall occur no less than 150 days after”. Subsec. (c)(8). Pub. L. 118190, § 2(b)(1), added par. (8). Subsecs. (f) to (i). Pub. L. 118190, § 2(b)(2), struck out subsecs. (f) to (i) which related to determination of unmet performance goals and various action plans to address unmet goals after 1, 2, and 3 consecutive fiscal years.
Statutory Notes and Related Subsidiaries
Merit Systems Protection BoardPub. L. 112199, title I, § 116(b), Nov. 27, 2012, 126 Stat. 1474, provided that: “(1) In general.—Each report submitted annually by the Merit Systems Protection Board under section 1116 of title 31, United States Code, shall, with respect to the period covered by such report, include as an addendum the following:“(A) Information relating to the outcome of cases decided by the Merit Systems Protection Board during the period covered by such report in which violations of section 2302(b)(8) or (9)(A)(i), (B)(i), (C), or (D) of title 5, United States Code, were alleged. “(B) The number of such cases filed in the regional and field offices, and the number of petitions for review filed in such cases, during the period covered by such report, and the outcomes of any such cases or petitions for review (irrespective of when filed) decided during such period. “(2) First report.—The first report described under paragraph (1) submitted after the date of enactment of this Act [Nov. 27, 2012] shall include an addendum required under that paragraph that covers the period beginning on the effective date of this Act [see Effective Date of 2012 Amendment note set out under section 1204 of Title 5, Government Organization and Employees] and ending at the end of the fiscal year in which such effective date occurs.”
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# 31 U.S.C. § 1117 - Exemption
## Text
The Director of the Office of Management and Budget may exempt from the requirements of sections 1115 and 1116 of this title and section 306 of title 5, any agency with annual outlays of $20,000,000 or less.
(Added Pub. L. 10362, § 4(b), Aug. 3, 1993, 107 Stat. 289.)
## Notes
Statutory Notes and Related Subsidiaries
ConstructionNo provision or amendment made by Pub. L. 10362 to be construed as creating any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in such capacity, and no person not an officer or employee of the United States acting in such capacity to have standing to file any civil action in any court of the United States to enforce any provision or amendment made by Pub. L. 10362, or to be construed as superseding any statutory requirement, see section 10 of Pub. L. 10362, set out as a Construction of 1993 Amendment note under section 1101 of this title.
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# 31 U.S.C. § 1120 - Federal Government and agency priority goals
## Text
(a) Federal Government Priority Goals.— (1) The Director of the Office of Management and Budget shall coordinate with agencies to develop priority goals to improve the performance and management of the Federal Government. Such Federal Government priority goals shall include—
(A) outcome-oriented goals covering a limited number of crosscutting policy areas; and
(B) goals for management improvements needed across the Federal Government, including—
(i) financial management;
(ii) human capital management;
(iii) information technology management;
(iv) procurement and acquisition management; and
(v) real property management;
(2) The Federal Government priority goals shall be long-term in nature. Such goals shall—
(A) be updated and revised not less frequently than during the first year of each Presidential term;
(B) be made publicly available not less frequently than concurrently with the submission of the budget of the United States Government under section 1105(a) made during the first full fiscal year following any year during which a term of the President commences under section 101 of title 3;
(C) include plans for the successful achievement of each goal within each single Presidential term; and
(D) explicitly cite to any specific contents of the budget described in subparagraph (B) that support the achievement of each goal. As needed, the Director of the Office of Management and Budget may make adjustments to the Federal Government priority goals to reflect significant changes in the environment in which the Federal Government is operating, with appropriate notification of Congress.
(3) When developing or making adjustments to Federal Government priority goals, the Director of the Office of Management and Budget shall consult periodically with the Congress, including obtaining majority and minority views from—
(A) the Committees on Appropriations of the Senate and the House of Representatives;
(B) the Committees on the Budget of the Senate and the House of Representatives;
(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
(D) the Committee on Oversight and Government Reform of the House of Representatives;
(E) the Committee on Finance of the Senate;
(F) the Committee on Ways and Means of the House of Representatives; and
(G) any other committees as determined appropriate;
(4) The Director of the Office of Management and Budget shall consult with the appropriate committees of Congress at least once every 2 years.
(5) The Director of the Office of Management and Budget shall make information about the Federal Government priority goals available on a website described in section 1122 of this title.
(6) The Federal Government performance plan required under section 1115(a) of this title shall be consistent with the Federal Government priority goals.
(b) Agency Priority Goals.— (1) Every 2 years, the head of each agency listed in section 901(b) of this title, or as otherwise determined by the Director of the Office of Management and Budget, shall identify agency priority goals from among the performance goals of the agency. The Director of the Office of Management and Budget shall determine the total number of agency priority goals across the Government, and the number to be developed by each agency. The agency priority goals shall—
(A) reflect the highest priorities of the agency, as determined by the head of the agency and informed by the Federal Government priority goals provided under subsection (a) and the consultations with Congress and other interested parties required by section 306(d) of title 5;
(B) have ambitious targets that can be achieved within a 2-year period;
(C) have a clearly identified agency official, known as a goal leader, who is responsible for the achievement of each agency priority goal;
(D) have interim quarterly targets for performance indicators if more frequent updates of actual performance provides data of significant value to the Government, Congress, or program partners at a reasonable level of administrative burden; and
(E) have clearly defined quarterly milestones.
(2) If an agency priority goal includes any program activity or information that is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and is properly classified pursuant to such Executive order, the head of the agency shall make such information available in the classified appendix provided under section 1115(e).
(c) The functions and activities of this section shall be considered to be inherently governmental functions. The development of Federal Government and agency priority goals shall be performed only by Federal employees.
(Added Pub. L. 111352, § 5, Jan. 4, 2011, 124 Stat. 3873; amended Pub. L. 116283, div. H, title XCVI, § 9601(c)(2)(C), Jan. 1, 2021, 134 Stat. 4828; Pub. L. 118190, § 4, Dec. 23, 2024, 138 Stat. 2655.)
## Notes
Editorial Notes
Amendments2024—Subsec. (a)(2). Pub. L. 118190 substituted “Such goals shall—” and subpars. (A) to (D) for “At a minimum, the Federal Government priority goals shall be updated or revised every 4 years and made publicly available concurrently with the submission of the budget of the United States Government made in the first full fiscal year following any year in which the term of the President commences under section 101 of title 3.” 2021—Subsec. (a)(5). Pub. L. 116283 substituted “a website described in” for “the website described under”.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
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# 31 U.S.C. § 1121 - Progress reviews and use of performance information
## Text
(a) Use of Performance Information To Achieve Federal Government Priority Goals.— Not less than quarterly, the Director of the Office of Management and Budget, with the support of the Performance Improvement Council, shall—
(1) for each Federal Government priority goal required by section 1120(a) of this title, review with the appropriate lead Government official the progress achieved during the most recent quarter, overall trend data, and the likelihood of meeting the planned level of performance;
(2) include in such reviews officials from the agencies, organizations, and program activities that contribute to the accomplishment of each Federal Government priority goal;
(3) assess whether agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities are contributing as planned to each Federal Government priority goal;
(4) categorize the Federal Government priority goals by risk of not achieving the planned level of performance; and
(5) for the Federal Government priority goals at greatest risk of not meeting the planned level of performance, identify prospects and strategies for performance improvement, including any needed changes to agencies, organizations, program activities, regulations, tax expenditures, policies or other activities.
(b) Agency Use of Performance Information To Achieve Agency Priority Goals.— Not less than quarterly, at each agency required to develop agency priority goals required by section 1120(b) of this title, the head of the agency and Chief Operating Officer, with the support of the agency Performance Improvement Officer, shall—
(1) for each agency priority goal, review with the appropriate goal leader the progress achieved during the most recent quarter, overall trend data, and the likelihood of meeting the planned level of performance;
(2) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each agency priority goal;
(3) assess whether relevant organizations, program activities, regulations, policies, and other activities are contributing as planned to the agency priority goals;
(4) categorize agency priority goals by risk of not achieving the planned level of performance; and
(5) for agency priority goals at greatest risk of not meeting the planned level of performance, identify prospects and strategies for performance improvement, including any needed changes to agency program activities, regulations, policies, or other activities.
(c) Agency Reviews of Progress Towards Strategic Goals and Objectives.— (1) Covered goal defined.— In this subsection, the term “covered goal” means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5.
(2) Review.— Not less frequently than annually and consistent with guidance issued by the Director of the Office of Management and Budget, the head and Chief Operating Officer of each agency,11 So in original. shall—
(A) for each covered goal, review with the appropriate agency official responsible for the covered goal—
(i) the progress achieved toward the covered goal—
(I) during the most recent fiscal year; or
(II) from recent sources of evidence available at the time of the review; and
(ii) the likelihood that the agency will achieve the covered goal;
(B) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each covered goal;
(C) assess progress toward each covered goal by reviewing performance information and other types of evidence relating to each covered goal, such as program evaluations and statistical data;
(D) identify whether additional evidence is necessary to better assess progress toward each covered goal, and prioritize the development of the evidence described in subparagraph (C), such as through the plans required under section 312 of title 5, if applicable;
(E) assess whether relevant organizations, program activities, regulations, policies, and other activities contribute as planned to each covered goal;
(F) as appropriate, leverage the assessment performed under subparagraph (E) as part of the portfolio reviews required under section 503(c)(1)(G);
(G) identify any risks or impediments that would reduce or otherwise decrease the likelihood that the agency will achieve the covered goal; and
(H) for each covered goal at greatest risk of not being achieved, identify prospects and strategies for performance improvement, including any necessary changes to program activities, regulations, policies, or other activities of the agency.
(3) Support.— In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by—
(A) the Performance Improvement Officer of the agency;
(B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and
(C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals.
(Added Pub. L. 111352, § 6, Jan. 4, 2011, 124 Stat. 3875; amended Pub. L. 118190, § 2(a)(1), Dec. 23, 2024, 138 Stat. 2653.)
## Notes
Editorial Notes
Amendments2024—Pub. L. 118190, § 2(a)(1)(A), substituted “Progress reviews and use of performance information” for “Quarterly priority progress reviews and use of performance information” in section catchline. Subsec. (c). Pub. L. 118190, § 2(a)(1)(B), added subsec. (c).
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# 31 U.S.C. § 1122 - Transparency of programs, priority goals, and results
## Text
(a) Transparency of Agency Programs.— (1) Definitions.— For purposes of this subsection—
(A) the term “Federal financial assistance” has the meaning given that term under section 7501;
(B) the term “open Government data asset” has the meaning given that term under section 3502 of title 44;
(C) the term “program” means a single program activity or an organized set of aggregated, disaggregated, or consolidated program activities by one or more agencies directed toward a common purpose or goal; and
(D) the term “program activity” has the meaning given that term in section 1115(h).
(2) Website and program inventory.— The Director of the Office of Management and Budget shall—
(A) ensure the effective operation of a single website that includes the information required under subsections (b) and (c);
(B) include on the website described in subparagraph (A), or another appropriate Federal Government website where related information is made available, as determined by the Director—
(i) a program inventory that shall identify each program; and
(ii) for each program identified in the program inventory, the information required under paragraph (3);
(C) make the information required to be included on the single website under subparagraph (A) and the information in the program inventory required under subparagraph (B) available as an open Government data asset;
(D) at a minimum—
(i) update the information required to be included on the single website under subparagraph (A) on a quarterly basis; and
(ii) update the program inventory required under subparagraph (B) on an annual basis; and
(E) ensure that the website described in subparagraph (A) conforms with the requirements for websites under section 3(a) of the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note).
(3) Information.— Information for each program identified in the program inventory required under paragraph (2)(B) shall include—
(A) an identification of how the agency defines the term “program”, consistent with guidance provided by the Director of the Office of Management and Budget, including the program activities that are aggregated, disaggregated, or consolidated to be considered a program by the agency;
(B) a description of the purposes of the program and the contribution of the program to the mission and goals of the agency;
(C) an identification of funding for the current fiscal year and previous 2 fiscal years and,
(D) for each program activity that is part of a program—
(i) a description of the purposes of the program activity and the contribution of the program activity to the mission and goals of the agency;
(ii) a consolidated view for the current fiscal year and each of the 2 fiscal years before the current fiscal year of—
(I) the amount appropriated;
(II) the amount obligated; and
(III) the amount outlayed;
(iii) to the extent practicable and permitted by law, links to any related evaluation, assessment, or program performance review by the agency, an inspector general, or the Government Accountability Office (including program performance reports required under section 1116), and other related evidence assembled in response to implementation of the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115435; 132 Stat. 5529);
(iv) an identification of the statutes that authorize the program activity or the authority under which the program activity was created or operates;
(v) an identification of any major regulations specific to the program activity;
(vi) any other information that the Director of the Office of Management and Budget determines relevant relating to program activity data in priority areas most relevant to Congress or the public to increase transparency and accountability; and
(vii) for each assistance listing under which Federal financial assistance is provided, for the current fiscal year and each of the 2 fiscal years before the current fiscal year and consistent with existing law relating to the protection of personally identifiable information—
(I) a linkage to the relevant program activities that fund Federal financial assistance by assistance listing;
(II) information on the population intended to be served by the assistance listing based on the language of the solicitation, as required under section 6102;
(III) to the extent practicable and based on data reported to the agency providing the Federal financial assistance, the results of the Federal financial assistance awards provided by the assistance listing;
(IV) to the extent practicable, the percentage of the amount appropriated for the assistance listing that is used for management and administration;
(V) the identification of each award of Federal financial assistance and, to the extent practicable, the name of each direct or indirect recipient of the award; and
(VI) any information relating to the award of Federal financial assistance that is required to be included on the website established under section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).
(4) Archiving.— The Director of the Office of Management and Budget shall—
(A) archive and preserve—
(i) the information included in the program inventory required under paragraph (2)(B), including the information described in paragraph (3), after the end of the period during which that information is made available; and
(ii) the information included in the single website under paragraph (2)(A) in accordance with subsections (b) and (c) after the end of the period during which such information is made available on the website; and
(B) make information archived in accordance with subparagraph (A) publicly available as an open Government data asset.
(b) Transparency of Agency Priority Goals and Results.— The head of each agency required to develop agency priority goals shall make information about each agency priority goal available to the Office of Management and Budget for publication on the website described in subsection (a)(2)(A), with the exception of any information covered by section 1120(b)(2) of this title. In addition to an identification of each agency priority goal, the website described in subsection (a)(2)(A) shall also consolidate information about each agency priority goal, including—
(1) a description of how the agency incorporated any views and suggestions obtained through congressional consultations about the agency priority goal;
(2) an identification of key factors external to the agency and beyond its control that could significantly affect the achievement of the agency priority goal;
(3) a description of how each agency priority goal will be achieved, including—
(A) the strategies and resources required to meet the priority goal;
(B) clearly defined milestones;
(C) the organizations, program activities, regulations, policies, and other activities that contribute to each goal, both within and external to the agency;
(D) how the agency is working with other agencies to achieve the goal; and
(E) an identification of the agency official responsible for achieving the priority goal;
(4) the performance indicators to be used in measuring or assessing progress;
(5) a description of how the agency ensures the accuracy and reliability of the data used to measure progress towards the priority goal, including an identification of—
(A) the means used to verify and validate measured values;
(B) the sources for the data;
(C) the level of accuracy required for the intended use of the data;
(D) any limitations to the data at the required level of accuracy; and
(E) how the agency has compensated for such limitations if needed to reach the required level of accuracy;
(6) the results achieved toward the agency priority goals established under section 1120(b)—
(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and
(B) at the end of the 2-year agency priority goal period compared to the overall planned level of performance;
(7) an assessment of whether relevant organizations, program activities, regulations, policies, and other activities are contributing as planned;
(8) an identification of the agency priority goals at risk of not achieving the planned level of performance; and
(9) any prospects or strategies for performance improvement.
(c) Transparency of Federal Government Priority Goals and Results.— The Director of the Office of Management and Budget shall also make available on the website described in subsection (a)(2)(A)—
(1) a brief description of each of the Federal Government priority goals required by section 1120(a) of this title;
(2) a description of how the Federal Government priority goals incorporate views and suggestions obtained through congressional consultations;
(3) the Federal Government performance goals and performance indicators associated with each Federal Government priority goal as required by section 1115(a) of this title;
(4) an identification of the lead Government official for each Federal Government performance goal;
(5) the results achieved toward the priority goals developed under section 1120(a)(1)—
(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and
(B) at the end of the 4-year Federal Government priority goal period compared to the overall planned level of performance;
(6) an identification of the agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities that contribute to each Federal Government priority goal;
(7) an assessment of whether relevant agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities are contributing as planned;
(8) an identification of the Federal Government priority goals at risk of not achieving the planned level of performance; and
(9) any prospects or strategies for performance improvement.
(d) Information.— The information made available under this section shall be readily accessible and easily found on the Internet by the public and members and committees of Congress. Such information shall also be presented in a searchable, machine-readable format. The Director of the Office of Management and Budget shall issue guidance to ensure that such information is provided in a way that presents a coherent picture of all Federal programs, and the performance of the Federal Government as well as individual agencies.
(Added Pub. L. 111352, § 7, Jan. 4, 2011, 124 Stat. 3876; amended Pub. L. 116283, div. H, title XCVI, § 9601(a), (c)(1), Jan. 1, 2021, 134 Stat. 4823, 4827; Pub. L. 118190, § 3, Dec. 23, 2024, 138 Stat. 2654.)
## Notes
Editorial Notes
References in TextSection 3(a) of the 21st Century Integrated Digital Experience Act, referred to in subsec. (a)(2)(E), is section 3(a) of Pub. L. 115336, which is set out in a note under section 3501 of Title 44, Public Printing and Documents. The Foundations for Evidence-Based Policymaking Act of 2018, referred to in subsec. (a)(3)(D)(iii), is Pub. L. 115435, Jan. 14, 2019, 132 Stat. 5529. For complete classification of this Act to the Code, see Short Title of 2019 Amendment note set out under section 101 of Title 5, Government Organization and Employees, and Tables. Section 2(b) of the Federal Funding Accountability and Transparency Act of 2006, referred to in subsec. (a)(3)(D)(vii)(VI), is section 2(b) of Pub. L. 109282, which is set out in a note under section 6101 of this title.
Amendments2024—Subsec. (a)(2)(C). Pub. L. 118190, § 3(1)(A)(i)(I), inserted “required to be included on the single website under subparagraph (A) and the information” before “in the program inventory”. Subsec. (a)(2)(E). Pub. L. 118190, § 3(1)(A)(i)(II)(iii), added subpar. (E). Subsec. (a)(4)(A). Pub. L. 118190, § 3(1)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “archive and preserve the information included in the program inventory required under paragraph (2)(B) after the end of the period during which such information is made available under paragraph (3); and”. Subsec. (b)(6). Pub. L. 118190, § 3(2), added par. (6) and struck out former par. (6) which read as follows: “the results achieved during the most recent quarter and overall trend data compared to the planned level of performance;”. Subsec. (c)(5). Pub. L. 118190, § 3(3), added par. (5) and struck out former par. (5) which read as follows: “the results achieved during the most recent quarter and overall trend data compared to the planned level of performance;”. 2021—Subsec. (a)(1). Pub. L. 116283, § 9601(a)(2), added par. (1). Former par. (1) redesignated (2). Subsec. (a)(2). Pub. L. 116283, § 9601(a)(1), (3)(A), redesignated former par. (1) as (2) and substituted “Website and program inventory” for “In general” in heading and “The Director of the Office of Management and Budget shall” for “Not later than October 1, 2012, the Office of Management and Budget shall” in introductory provisions. Former par. (2) redesignated (3). Subsec. (a)(2)(A). Pub. L. 116283, § 9601(a)(3)(B), inserted “that includes the information required under subsections (b) and (c)” after “a single website”. Subsec. (a)(2)(B). Pub. L. 116283, § 9601(a)(3)(C), added subpar. (B) and struck out former subpar. (B) which read as follows: “at a minimum, update the website on a quarterly basis; and”. Subsec. (a)(2)(C). Pub. L. 116283, § 9601(a)(3)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: “include on the website information about each program identified by the agencies.” Subsec. (a)(2)(D). Pub. L. 116283, § 9601(a)(3)(C), added subpar. (D). Subsec. (a)(3). Pub. L. 116283, § 9601(a)(1), (4)(A), redesignated former subpar. (2) as (3) and substituted “identified in the program inventory required under paragraph (2)(B) shall include” for “described under paragraph (1) shall include” in introductory provisions. Subsec. (a)(3)(D). Pub. L. 116283, § 9601(a)(4)(B)(D), added subpar. (D). Subsec. (a)(4). Pub. L. 116283, § 9601(a)(5), added par. (4). Subsec. (b). Pub. L. 116283, § 9601(c)(1)(A), inserted “described in subsection (a)(2)(A)” after “the website” in two places in introductory provisions. Subsec. (c). Pub. L. 116283, § 9601(c)(1)(B), inserted “described in subsection (a)(2)(A)” after “the website” in introductory provisions. Subsec. (d). Pub. L. 116283, § 9601(c)(1)(C), struck out “on Website” after “Information” in heading and “on the website” after “available” in text.
Statutory Notes and Related Subsidiaries
Guidance, Implementation, Reporting, and ReviewPub. L. 116283, div. H, title XCVI, § 9601(b), Jan. 1, 2021, 134 Stat. 4825, provided that: “(1) Definitions.—In this subsection—“(A) the term appropriate congressional committees means the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; “(B) the term Director means the Director of the Office of Management and Budget; “(C) the term program has the meaning given that term in section 1122(a)(1) of title 31, United States Code, as amended by subsection (a) of this section; “(D) the term program activity has the meaning given that term in section 1115(h) of title 31, United States Code; and “(E) the term Secretary means the Secretary of the Treasury. “(2) Plan for implementation and reconciling program definitions.—Not later than 180 days after the date of enactment of this Act [Jan. 1, 2021], the Director, in consultation with the Secretary, shall submit to the appropriate congressional committees a report that—“(A) includes a plan that—“(i) discusses how making available on a website the information required under subsection (a) of section 1122 of title 31, United States Code, as amended by subsection (a), will leverage existing data sources while avoiding duplicative or overlapping information in presenting information relating to program activities and programs; “(ii) indicates how any gaps in data will be assessed and addressed; “(iii) indicates how the Director will display such data; and “(iv) discusses how the Director will expand the information collected with respect to program activities to incorporate the information required under the amendments made by subsection (a); “(B) sets forth details regarding a pilot program, developed in accordance with best practices for effective pilot programs—“(i) to develop and implement a functional program inventory that could be limited in scope; and “(ii) under which the information required under the amendments made by subsection (a) with respect to program activities shall be made available on the website required under section 1122(a) of title 31, United States Code; “(C) establishes an implementation timeline for—“(i) gathering and building program activity information; “(ii) developing and implementing the pilot program; “(iii) seeking and responding to stakeholder comments; “(iv) developing and presenting findings from the pilot program to the appropriate congressional committees; “(v) notifying the appropriate congressional committees regarding how program activities will be aggregated, disaggregated, or consolidated as part of identifying programs; and “(vi) implementing a Governmentwide program inventory through an iterative approach; and “(D) includes recommendations, if any, to reconcile the conflicting definitions of the term program in relevant Federal statutes, as it relates to the purpose of this section. “(3) Implementation.—“(A) In general.—Not later than 3 years after the date of enactment of this Act, the Director shall make available online all information required under the amendments made by subsection (a) with respect to all programs. “(B) Extensions.—The Director may, based on an analysis of the costs of implementation, and after submitting to the appropriate congressional committees a notification of the action by the Director, extend the deadline for implementation under subparagraph (A) by not more than a total of 1 year. “(4) Reporting.—Not later than 2 years after the date on which the Director makes available online all information required under the amendments made by subsection (a) with respect to all programs, the Comptroller General of the United States shall submit to the appropriate congressional committees a report regarding the implementation of this section and the amendments made by this section, which shall—“(A) review how the Director and agencies determined how to aggregate, disaggregate, or consolidate program activities to provide the most useful information for an inventory of Government programs; “(B) evaluate the extent to which the program inventory required under section 1122 of title 31, United States Code, as amended by this section, provides useful information for transparency, decision-making, and oversight; “(C) evaluate the extent to which the program inventory provides a coherent picture of the scope of Federal investments in particular areas; and “(D) include the recommendations of the Comptroller General, if any, for improving implementation of this section and the amendments made by this section.”
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# 31 U.S.C. § 1123 - Chief Operating Officers
## Text
(a) Establishment.— At each agency, the deputy head of agency, or equivalent, shall be the Chief Operating Officer of the agency.
(b) Function.— Each Chief Operating Officer shall be responsible for improving the management and performance of the agency, and shall—
(1) provide overall organization management to improve agency performance and achieve the mission and goals of the agency through the use of strategic and performance planning, measurement, analysis, regular assessment of progress, and use of performance information to improve the results achieved;
(2) advise and assist the head of agency in carrying out the requirements of sections 1115 through 1122 of this title and section 306 of title 5;
(3) oversee agency-specific efforts to improve management functions within the agency and across Government; and
(4) coordinate and collaborate with relevant personnel within and external to the agency who have a significant role in contributing to and achieving the mission and goals of the agency, such as the Chief Financial Officer, Chief Human Capital Officer, Chief Acquisition Officer/Senior Procurement Executive, Chief Information Officer, and other line of business chiefs at the agency.
(Added Pub. L. 111352, § 8, Jan. 4, 2011, 124 Stat. 3878.)
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# 31 U.S.C. § 1124 - Performance Improvement Officers and the Performance Improvement Council
## Text
(a) Performance Improvement Officers.— (1) Establishment.— At each agency, the head of the agency, in consultation with the agency Chief Operating Officer, shall designate a senior executive of the agency as the agency Performance Improvement Officer.
(2) Function.— Each Performance Improvement Officer shall report directly to the Chief Operating Officer. Subject to the direction of the Chief Operating Officer, each Performance Improvement Officer shall—
(A) advise and assist the head of the agency and the Chief Operating Officer to ensure that the mission and goals of the agency are achieved through strategic and performance planning, measurement, analysis, regular assessment of progress, and use of performance information to improve the results achieved;
(B) advise the head of the agency and the Chief Operating Officer on the selection of agency goals, including opportunities to collaborate with other agencies on common goals;
(C) assist the head of the agency and the Chief Operating Officer in overseeing the implementation of the agency strategic planning, performance planning, and reporting requirements provided under sections 1115 through 1122 of this title and sections 306 of title 5, including the contributions of the agency to the Federal Government priority goals;
(D) support the head of agency and the Chief Operating Officer in the conduct of regular reviews of agency performance, including at least quarterly reviews of progress achieved toward agency priority goals, if applicable;
(E) assist the head of the agency and the Chief Operating Officer in the development and use within the agency of performance measures in personnel performance appraisals, and, as appropriate, other agency personnel and planning processes and assessments; and
(F) ensure that agency progress toward the achievement of all goals is communicated to leaders, managers, and employees in the agency and Congress, and made available on a public website of the agency.
(b) Performance Improvement Council.— (1) Establishment.— There is established a Performance Improvement Council, consisting of—
(A) the Deputy Director for Management of the Office of Management and Budget, who shall act as chairperson of the Council;
(B) the Performance Improvement Officer from each agency defined in section 901(b) of this title;
(C) other Performance Improvement Officers as determined appropriate by the chairperson; and
(D) other individuals as determined appropriate by the chairperson.
(2) Function.— The Performance Improvement Council shall—
(A) be convened by the chairperson or the designee of the chairperson, who shall preside at the meetings of the Performance Improvement Council, determine its agenda, direct its work, and establish and direct subgroups of the Performance Improvement Council, as appropriate, to deal with particular subject matters;
(B) assist the Director of the Office of Management and Budget to improve the performance of the Federal Government and achieve the Federal Government priority goals;
(C) assist the Director of the Office of Management and Budget in implementing the planning, reporting, and use of performance information requirements related to the Federal Government priority goals provided under sections 1115, 1120, 1121, and 1122 of this title;
(D) work to resolve specific Governmentwide or crosscutting performance issues, as necessary;
(E) facilitate the exchange among agencies of practices that have led to performance improvements within specific programs, agencies, or across agencies;
(F) coordinate with other interagency management councils;
(G) seek advice and information as appropriate from nonmember agencies, particularly smaller agencies;
(H) consider the performance improvement experiences of corporations, nonprofit organizations, foreign, State, and local governments, Government employees, public sector unions, and customers of Government services;
(I) receive such assistance, information and advice from agencies as the Council may request, which agencies shall provide to the extent permitted by law; and
(J) develop and submit to the Director of the Office of Management and Budget, or when appropriate to the President through the Director of the Office of Management and Budget, at times and in such formats as the chairperson may specify, recommendations to streamline and improve performance management policies and requirements.
(3) Support.— (A) In general.— The Administrator of General Services shall provide administrative and other support for the Council to implement this section.
(B) Personnel.— The heads of agencies with Performance Improvement Officers serving on the Council shall, as appropriate and to the extent permitted by law, provide at the request of the chairperson of the Performance Improvement Council up to 2 personnel authorizations to serve at the direction of the chairperson.
(Added Pub. L. 111352, § 9, Jan. 4, 2011, 124 Stat. 3878.)
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# 31 U.S.C. § 1125 - Elimination of unnecessary agency reporting
## Text
(a) Definitions.— In this section:
(1) Budget justification materials.— The term “budget justification materials” has the meaning given the term in section 3(b)(2) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note; Public Law 109282).
(2) Plan or report.— The term “plan or report” means any plan or report submitted to Congress, any committee of Congress, or subcommittee thereof, by not less than 1 agency—
(A) in accordance with Federal law; or
(B) at the direction or request of a congressional report.
(3) Recurring plan or report.— The term “recurring plan or report” means a plan or report submitted on a recurring basis.
(4) Relevant congressional committee.— The term “relevant congressional committee”—
(A) means a congressional committee to which a recurring plan or report is required to be submitted; and
(B) does not include any plan or report that is required to be submitted solely to the Committee on Armed Services of the House of Representatives or the Senate.
(b) Agency Identification of Unnecessary Reports.— (1) In general.— The head of each agency shall include in the budget justification materials of the agency the following:
(A) Subject to paragraphs (2) and (3), the following:
(i) A list of each recurring plan or report submitted by the agency.
(ii) An identification of whether the recurring plan or report listed in clause (i) was included in the most recent report issued by the Clerk of the House of Representatives concerning the reports that any agency is required by law or directed or requested by a committee report to make to Congress, any committee of Congress, or subcommittee thereof.
(iii) If applicable, the unique alphanumeric identifier for the recurring plan or report as required by section 7243(b)(1)(C)(vii) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117263).
(iv) The identification of any recurring plan or report the head of the agency determines to be outdated or duplicative.
(B) With respect to each recurring plan or report identified in subparagraph (A)(iv), the following:
(i) A recommendation on whether to sunset, modify, consolidate, or reduce the frequency of the submission of the recurring plan or report.
(ii) A citation to each provision of law or directive or request in a congressional report that requires or requests the submission of the recurring plan or report.
(iii) A list of the relevant congressional committees for the recurring plan or report.
(C) A justification explaining, with respect to each recommendation described in subparagraph (B)(i) relating to a recurring plan or report—
(i) why the head of the agency made the recommendation, which may include an estimate of the resources expended by the agency to prepare and submit the recurring plan or report; and
(ii) the understanding of the head of the agency of the purpose of the recurring plan or report.
(2) Agency consultation.— (A) In general.— In preparing the list required under paragraph (1)(A), if, in submitting a recurring plan or report, an agency is required to coordinate or consult with another agency or entity, the head of the agency submitting the recurring plan or report shall consult with the head of each agency or entity with whom consultation or coordination is required.
(B) Inclusion in list.— If, after a consultation under subparagraph (A), the head of each agency or entity consulted under that subparagraph agrees that a recurring plan or report is outdated or duplicative, the head of the agency required to submit the recurring plan or report shall—
(i) include the recurring plan or report in the list described in paragraph (1)(A); and
(ii) identify each agency or entity with which the head of the agency is required to coordinate or consult in submitting the recurring plan or report.
(C) Disagreement.— If the head of any agency or entity consulted under subparagraph (A) does not agree that a recurring plan or report is outdated or duplicative, the head of the agency required to submit the recurring plan or report shall not include the recurring plan or report in the list described in paragraph (1)(A).
(3) Government-wide or multi-agency plan and report submissions.— With respect to a recurring plan or report required to be submitted by not less than 2 agencies, the Director of the Office of Management and Budget shall—
(A) determine whether the requirement to submit the recurring plan or report is outdated or duplicative; and
(B) make recommendations to Congress accordingly.
(4) Plan and report submissions conformity to the access to congressionally mandated reports act.— With respect to an agency recommendation, citation, or justification made under subparagraph (B) or (C) of paragraph (1) or a recommendation by the Director of the Office of Management and Budget under paragraph (3), the agency or Director, as applicable, shall also provide this information to the Director of the Government Publishing Office in conformity with the agency submission requirements under section 7244(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117263; chapter 41 of title 44 note) in conformity with guidance issued by the Director of the Office of Management and Budget under section 7244(b) of such Act.
(c) Rule of Construction on Agency Requirements.— Nothing in this section shall be construed to exempt the head of an agency from a requirement to submit a recurring plan or report.
(d) Request for Elimination of Unnecessary Reports.— In addition to including the list of plans and reports determined to be outdated or duplicative by each agency in the budget justification materials of each agency, the Director of the Office of Management and Budget may concurrently submit to Congress legislation to eliminate or consolidate such plans and reports.
(Added Pub. L. 111352, § 11(b), Jan. 4, 2011, 124 Stat. 3881; amended Pub. L. 118172, § 2(a), Dec. 23, 2024, 138 Stat. 2593.)
## Notes
Editorial Notes
References in TextSections 7243(b)(1)(C)(vii) and 7244(a), (b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, referred to in subsec. (b)(1)(A)(iii), (4), are sections 7243(b)(1)(C)(vii) and 7244(a), (b) of Pub. L. 117263, which are set out in a note preceding section 4101 of Title 44, Public Printing and Documents.
Amendments2024—Subsecs. (a), (b). Pub. L. 118172, § 2(a)(2), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to agency identification of unnecessary reports and plans and reports for first year of implementation and subsequent years, respectively. Subsec. (c). Pub. L. 118172, § 2(a)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 118172, § 2(a)(3), substituted “in the budget justification materials of each agency” for “in the budget of the United States Government, as provided by section 1105(a)(37)”. Pub. L. 118172, § 2(a)(1), redesignated subsec. (c) as (d).
Statutory Notes and Related Subsidiaries
Updated OMB GuidancePub. L. 118172, § 2(c)(2), Dec. 23, 2024, 138 Stat. 2596, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Director of the Office of Management and Budget shall issue updated guidance to agencies to ensure that the requirements under subsections (a) and (b) of section 1125 of title 31, United States Code, as amended by this Act, for agency submissions of recommendations and justifications for plans and reports to sunset, modify, consolidate, or reduce the frequency of the submission of [sic] are also submitted as a separate attachment in conformity with the agency submission requirements of electronic copies of reports submitted by agencies under section 7244(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117263; chapter 41 of title 44, United States Code, note [44 U.S.C. 4101 note prec.]) for publication on the online portal established under section 7243 of such Act.”
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# 31 U.S.C. § 1126 - Program Management Improvement Officers and Program Management Policy Council
## Text
(a) Program Management Improvement Officers.— (1) Designation.— The head of each agency described in section 901(b) shall designate a senior executive of the agency, who has significant program and project management oversight responsibilities, as the Program Management Improvement Officer of the agency.
(2) Functions.— The Program Management Improvement Officer of an agency designated under paragraph (1) shall—
(A) implement program management policies established by the agency under section 503(c); and
(B) develop a strategy for enhancing the role of program managers within the agency that includes the following:
(i) Enhanced training and educational opportunities for program managers that shall include—
(I) training in the relevant competencies encompassed with program and project manager within the private sector for program managers; and
(II) training that emphasizes cost containment for large projects and programs.
(ii) Mentoring of current and future program managers by experienced senior executives and program managers within the agency.
(iii) Improved career paths and career opportunities for program managers.
(iv) A plan to encourage the recruitment and retention of highly qualified individuals to serve as program managers.
(v) Improved means of collecting and disseminating best practices and lessons learned to enhance program management across the agency.
(vi) Common templates and tools to support improved data gathering and analysis for program management and oversight purposes.
(3) Application to department of defense.— This subsection shall not apply to the Department of Defense to the extent that the provisions of this subsection are substantially similar to or duplicative of the provisions of chapter 87 of title 10. For purposes of paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment (or a designee of the Under Secretary) shall be considered the Program Management Improvement Officer.
(b) Program Management Policy Council.— (1) Establishment.— There is established in the Office of Management and Budget a council to be known as the “Program Management Policy Council” (in this subsection referred to as the “Council”).
(2) Purpose and functions.— The Council shall act as the principal interagency forum for improving agency practices related to program and project management. The Council shall—
(A) advise and assist the Deputy Director for Management of the Office of Management and Budget;
(B) review programs identified as high risk by the Government Accountability Office and make recommendations for actions to be taken by the Deputy Director for Management of the Office of Management and Budget or a designee;
(C) discuss topics of importance to the workforce, including—
(i) career development and workforce development needs;
(ii) policy to support continuous improvement in program and project management; and
(iii) major challenges across agencies in managing programs;
(D) advise on the development and applicability of standards governmentwide for program management transparency; and
(E) review the information published on a website described in section 1122.
(3) Membership.— (A) Composition.— The Council shall be composed of the following members:
(i) Five members from the Office of Management and Budget as follows:
(I) The Deputy Director for Management.
(II) The Administrator of the Office of Electronic Government.
(III) The Administrator of Federal Procurement Policy.
(IV) The Controller of the Office of Federal Financial Management.
(V) The Director of the Office of Performance and Personnel Management.
(ii) The Program Management Improvement Officer from each agency described in section 901(b).
(iii) Any other full-time or permanent part-time officer or employee of the Federal Government or member of the Armed Forces designated by the Chairperson.
(B) Chairperson and vice chairperson.— (i) In general.— The Deputy Director for Management of the Office of Management and Budget shall be the Chairperson of the Council. A Vice Chairperson shall be elected by the members and shall serve a term of not more than 1 year.
(ii) Duties.— The Chairperson shall preside at the meetings of the Council, determine the agenda of the Council, direct the work of the Council, and establish and direct subgroups of the Council as appropriate.
(4) Meetings.— The Council shall meet not less than four times per fiscal year and may meet at the call of the Chairperson or a majority of the members of the Council.
(5) Support.— The head of each agency with a Project Management Improvement Officer serving on the Council shall provide administrative support to the Council, as appropriate, at the request of the Chairperson.
(Added Pub. L. 114264, § 2(b)(1), Dec. 14, 2016, 130 Stat. 1372; amended Pub. L. 11692, div. A, title IX, § 902(86), Dec. 20, 2019, 133 Stat. 1554; Pub. L. 116283, div. A, title VIII, § 884, div. H, title XCVI, § 9601(c)(2)(D), Jan. 1, 2021, 134 Stat. 3790, 4828.)
## Notes
Editorial Notes
Similar ProvisionsAnother section 1126, added Pub. L. 114328, div. A, title VIII, § 861(b)(1), Dec. 23, 2016, 130 Stat. 2299, which was substantially identical to section 1126 as added by Pub. L. 114264, was repealed by Pub. L. 11591, div. A, title VIII, § 810(b), Dec. 12, 2017, 131 Stat. 1458.
Amendments2021—Subsec. (a)(1). Pub. L. 116283, § 884(1), inserted “, who has significant program and project management oversight responsibilities,” after “senior executive of the agency”. Subsec. (b)(2)(E). Pub. L. 116283, § 9601(c)(2)(D), substituted “a website described in” for “the website of the Office of Management and Budget pursuant to”. Subsec. (b)(4). Pub. L. 116283, § 884(2), substituted “four times” for “twice”. 2019—Subsec. (a)(3). Pub. L. 11692 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
Statutory Notes and Related Subsidiaries
Program and Project Management Personnel StandardsPub. L. 114264, § 2(c), Dec. 14, 2016, 130 Stat. 1374, provided that: “(1) Definition.—In this subsection, the term agency means each agency described in section 901(b) of title 31, United States Code, other than the Department of Defense. “(2) Regulations required.—Not later than 180 days after the date on which the standards, policies, and guidelines are issued under section 503(c) of title 31, United States Code, as added by subsection (a)(1), the Director of the Office of Personnel Management, in consultation with the Director of the Office of Management and Budget, shall issue regulations that—“(A) identify key skills and competencies needed for a program and project manager in an agency; “(B) establish a new job series, or update and improve an existing job series, for program and project management within an agency; and “(C) establish a new career path for program and project managers within an agency.” Similar provisions were contained in Pub. L. 114328, div. A, title VIII, § 861(c), Dec. 23, 2016, 130 Stat. 2301, prior to repeal by Pub. L. 11591, div. A, title VIII, § 810(c), Dec. 12, 2017, 131 Stat. 1458.
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# 31 U.S.C. § 1302 - Determining amounts appropriated
## Text
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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 917.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 130231:670.May 28, 1896, ch. 252, § 1(par. immediately before heading “Treasury Department”), 29 Stat. 148. The words “by adding up” are substituted for “by the correct footing up” for clarity.
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# 31 U.S.C. § 1303 - Effect of changes in titles of appropriations
## Text
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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 917.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 130331:581(note).Sept. 12, 1950, ch. 946, § 302(b), 64 Stat. 844.
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# 31 U.S.C. § 1304 - Judgments, awards, and compromise settlements
## Text
(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, 2733a, or 2734 of title 10, section 715 of title 32, or section 20113 of title 51.
(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 11 See References in Text note below. of title 28 when the judgment or settlement arises out of an express or implied contract made by—
(A) the Army and Air Force Exchange Service;
(B) the Navy Exchanges;
(C) the Marine Corps Exchanges;
(D) the Coast Guard Exchanges; or
(E) the Exchange Councils of the National Aeronautics and Space Administration.
(2) The Exchange making the contract shall reimburse the Government for the amount paid by the Government.
(d) Beginning not later than the date that is 60 days after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and unless the disclosure of such information is otherwise prohibited by law or a court order, the Secretary of the Treasury shall make available to the public on a website, as soon as practicable, but not later than 30 days after the date on which a payment under this section is tendered, the following information with regard to that payment:
(1) The name of the specific agency or entity whose actions gave rise to the claim or judgment.
(2) The name of the plaintiff or claimant.
(3) The name of counsel for the plaintiff or claimant.
(4) The amount paid representing principal liability, and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest.
(5) A brief description of the facts that gave rise to the claim.
(6) The name of the agency that submitted the claim.
(Pub. L. 97258, §§ 1, 2(m)(2), Sept. 13, 1982, 96 Stat. 917, 1062; Pub. L. 102572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 104316, title II, § 202(m), Oct. 19, 1996, 110 Stat. 3843; Pub. L. 111314, § 4(b), Dec. 18, 2010, 124 Stat. 3440; Pub. L. 1169, title IV, § 4201(b), Mar. 12, 2019, 133 Stat. 764; Pub. L. 11692, div. A, title VII, § 731(c)(2), Dec. 20, 2019, 133 Stat. 1460.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1304(a)31:724a(1st sentence words before 1st proviso).July 27, 1956, ch. 748, § 1302(1st sentence), 70 Stat. 694; Aug. 30, 1961, Pub. L. 87187, § 3, 75 Stat. 416; July 18, 1966, Pub. L. 89506, § 6, 80 Stat. 307; July 23, 1970, Pub. L. 91350, § 1(c), 84 Stat. 449; restated May 4, 1977, Pub. L. 9526, § 101(2d par. under heading “Claims and Judgments”), 91 Stat. 96; Mar. 7, 1978, Pub. L. 95240, § 201, 92 Stat. 116; Nov. 1, 1978, Pub. L. 95563, § 14(c), 92 Stat. 2390; Apr. 2, 1982, Pub. L. 97164, title I, § 155, title III, § 302(c), 96 Stat. 47, 56. 1304(b)28:2516(b)(less 1st sentence words after last comma). 31:724a(1st sentence 1st, 2d provisos). 1304(c)31:724a(1st sentence last proviso) In subsection (a), before clause (1), the words “out of any money in the Treasury not otherwise appropriated” are omitted as surplus. The words “awards rendered by the Indian Claims Commission” are omitted as executed because under 25:70v the Commission was dissolved and all of its outstanding cases were transferred to the Court of Claims. Under 25:70v3, judgments on cases transferred to the Court of Claims are judgments under 28:2517 and 2518 and are therefore included under clause (3)(A) of the subsection. In subsection (b), the text of 28:2516(b)(less 1st sentence words after last comma) is omitted as superseded by 31:724a. In subsection (b)(1)(A), the words “through the day before the date” are substituted for “to the date” as being more precise.
Editorial Notes
References in TextSection 2518 of title 28, referred to in subsec. (c)(1), was repealed by Pub. L. 97164, title I, § 139(l), Apr. 2, 1982, 96 Stat. 43. The date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, referred to in subsec. (d), is the date of enactment of Pub. L. 1169, which was approved Mar. 12, 2019.
Amendments2019—Subsec. (a)(3)(D). Pub. L. 11692, which directed substitution of “2733, 2733a,” for “2733,”, was executed by making the substitution for “2733” to reflect the probable intent of Congress. Subsec. (d). Pub. L. 1169 added subsec. (d). 2010—Subsec. (a)(3)(D). Pub. L. 111314 substituted “section 20113 of title 51” for “section 203 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473)”. 1996—Subsecs. (a)(2), (b)(1)(A), (B). Pub. L. 104316 substituted “Secretary of the Treasury” for “Comptroller General”. 1992—Subsec. (b)(1)(B). Pub. L. 102572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Subsec. (b)(1)(A). Pub. L. 97258, § 2(m)(2)(A), struck out “under section 2411(b) of title 28” after “district court”. Subsec. (b)(1)(B). Pub. L. 97258, § 2(m)(2)(B), substituted “Court of Appeals for the Federal Circuit or the United States Claims Court” for “Court of Claims”.
Statutory Notes and Related Subsidiaries
Effective Date of 2019 AmendmentAmendment by Pub. L. 11692 applicable to any claim filed under section 2733a of Title 10, Armed Forces, on or after Jan. 1, 2020, and any claim filed in calendar year 2020 deemed to be filed within the time period specified in section 2733a(b)(4) of Title 10 if filed within three years after it accrues, see section 731(d) of Pub. L. 11692, set out as an Effective Date note under section 2733a of Title 10.
Effective Date of 1992 AmendmentAmendment by Pub. L. 102572 effective Oct. 29, 1992, see section 911 of Pub. L. 102572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1982 AmendmentPub. L. 97258, § 2(m), Sept. 13, 1982, 96 Stat. 1062, provided that the amendment made by that section is effective Oct. 1, 1982.
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.
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# 31 U.S.C. § 1305 - Miscellaneous permanent appropriations
## Text
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, 1715z1).
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 918; Pub. L. 97452, § 1(4), Jan. 12, 1983, 96 Stat. 2467; Pub. L. 98371, title I, § 101, July 18, 1984, 98 Stat. 1220.)
## Notes
Historical and Revision Notes 1982 Act Revised SectionSource (U.S. Code)Source (Statutes at Large) 130531:711(1)(3), (11a)(23).R.S. § 3689(less last 3 pars. on p. 725 related to redemption of stamps, debentures and other charges, and debentures and drawbacks, 2d par. on p. 726 related to repayment of excess of deposits, 3d7th pars. on p. 726 related to refunding duties on goods destroyed, marine hospital establishment, refunding duties, refunding proceeds of goods seized and sold, and refunding proceeds of unclaimed merchandise); June 20, 1874, ch. 328, § 4(less words between 1st and 2d semicolons), 18 Stat. 109; Mar. 3, 1875, ch. 129, § 1(6th par. 3d sentence under heading “War Department”), 18 Stat. 359; June 19, 1878, ch. 329, § 1(par. immediately before heading “Office of the Attorney General”), 20 Stat. 205; May 26, 1908, ch. 198, § 1(last par. on p. 295), 35 Stat. 295; June 25, 1910, ch. 384, § 8(words before semicolon), 36 Stat. 773; Oct. 18, 1972, Pub. L. 92500, § 12(p), 86 Stat. 902; Aug. 22, 1974, Pub. L. 93383, §§ 108(i), 117(a), 88 Stat. 649, 653; Oct. 12, 1977, Pub. L. 95128, § 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 31:240243. 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 ActThis 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. 97199, 96 Stat. 121).
References in TextSection 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. Title IV of the Housing Act of 1950, which was classified generally to subchapter IX (§ 1749 et seq.) of chapter 13 of Title 12, Banks and Banking, was repealed by Pub. L. 99498, title VII, § 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, referred to in par. (9), is section 101 of Pub. L. 89117, title I, Aug. 10, 1965, 79 Stat. 451, which enacted section 1701s of Title 12, and amended sections 1451 and 1465 of this title.
Editorial Notes
Amendments1984—Pars. (7) to (10). Pub. L. 98371 added pars. (7) to (10). 1983—Par. (6). Pub. L. 97452 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.
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# 31 U.S.C. § 1306 - Use of foreign credits
## Text
(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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 918; Pub. L. 104208, div. A, title I, § 101(f) [title VI, § 612(a)], Sept. 30, 1996, 110 Stat. 3009314, 3009355.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 130631:724.July 15, 1952, ch. 758, § 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.
Editorial Notes
Amendments1996—Pub. L. 104208 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.”
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentPub. L. 104208, div. A, title I, § 101(f) [title VI, § 612(b)], Sept. 30, 1996, 110 Stat. 3009314, 3009356, 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 CurrenciesPub. L. 102391, title V, § 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. 101513, title V, § 570, Nov. 5, 1990, 104 Stat. 2041. Pub. L. 101167, title V, § 583, Nov. 21, 1989, 103 Stat. 1251.
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# 31 U.S.C. § 1307 - Public building construction
## Text
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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 918.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 130731:682.June 23, 1874, ch. 476, § 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.
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# 31 U.S.C. § 1308 - Telephone and metered services
## Text
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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 919.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 130831:668a.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.
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# 31 U.S.C. § 1309 - Social security tax
## Text
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.).
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 919; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 130931:699a.July 15, 1952, ch. 758, § 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”.
Editorial Notes
Amendments1986—Pub. L. 99514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
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# 31 U.S.C. § 1310 - Appropriations for private organizations
## Text
(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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 919.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1310(a)31:721(words before 14th comma).June 23, 1874, ch. 455, § 1(par. immediately before heading “Smithsonian Institution”), 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.
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# 31 U.S.C. § 1321 - Trust funds
## Text
(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 Workmens Compensation Act.
(58) Inmates fund, workhouse and reformatory, District of Columbia.
(59) International Center for Middle Eastern-Western Dialogue Trust Fund.
(60) Chamber Music Auditorium, Library of Congress.
(61) Bequest of Gertrude Hubbard.
(62) Puerto Rico special fund (Internal Revenue).
(63) Miscellaneous trust funds, Department of State.
(64) Funds contributed for improvement of (name of river or harbor).
(65) Funds advanced for improvement of (name of river or harbor).
(66) Funds contributed for Indian projects.
(67) Miscellaneous trust funds of Indian tribes.
(68) Ships 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. 101510, div. A, title XV, § 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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 919; Pub. L. 98426, § 27(d)(2), Sept. 28, 1984, 98 Stat. 1654; Pub. L. 101189, div. A, title III, § 341(a), Nov. 29, 1989, 103 Stat. 1419; Pub. L. 101510, div. A, title XV, § 1533(c)(1), Nov. 5, 1990, 104 Stat. 1735; Pub. L. 10254, § 13(l)(1), June 13, 1991, 105 Stat. 277; Pub. L. 103322, title XXXI, § 310001(d), Sept. 13, 1994, 108 Stat. 2103; Pub. L. 104106, div. A, title IX, § 914(c), Feb. 10, 1996, 110 Stat. 413; Pub. L. 104201, div. A, title X, § 1008(c), Sept. 23, 1996, 110 Stat. 2633; Pub. L. 105261, div. A, title IX, § 906(f)(2), Oct. 17, 1998, 112 Stat. 2096; Pub. L. 108199, div. B, title VI, § 633(f), Jan. 23, 2004, 118 Stat. 101.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1321(a)31:725s(a)(1st sentence, cls. (1)(84)), (c).June 26, 1934, ch. 756, § 20(less (a)(last sentence last proviso)), 48 Stat. 1233; June 15, 1943, ch. 125, §§ 1(a), 2(a), 57 Stat. 152, 153; Oct. 15, 1976, Pub. L. 94502, § 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.
Editorial Notes
References in TextThe Longshore and Harbor Workers Compensation Act, referred to in subsec. (a)(12), is act Mar. 4, 1927, ch. 509, 44 Stat. 1424, which is classified generally to chapter 18 (§ 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, § 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. 107217, §§ 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, § 2, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. The name of the Office of National Parks, Buildings, and Reservations was changed to the “National Park Service” by act March 2, 1934, ch. 38, 48 Stat. 389. The District of Columbia Workmens 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, which is not classified to the Code.
Amendments2004—Subsec. (a)(59). Pub. L. 108199 added par. (59). 1998—Subsec. (a)(92) to (94). Pub. L. 105261 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. 104106, § 914(c)(1), added pars. (92) and (93). Subsec. (a)(94). Pub. L. 104201, § 1008(c)(1), added par. (94). Subsec. (b). Pub. L. 104106, § 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. 104201, § 1008(c)(2), added subpar. (D). 1994—Subsec. (a)(91). Pub. L. 103322 added par. (91). 1991—Subsec. (a)(45), (74), (82), (83). Pub. L. 10254 substituted “Department of Veterans Affairs” for “Veterans Administration”, wherever appearing. 1990—Subsec. (a)(5). Pub. L. 101510, § 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. 101510, § 1533(c)(1)(A)(ii), struck out pars. (59) “Soldiers Home, permanent fund.” and (81) “Soldiers Home, interest account.” Subsec. (b). Pub. L. 101510, § 1533(c)(1)(B), substituted “Armed Forces Retirement Home Trust Fund” for “Soldiers Home, Permanent Fund” in two places. 1989—Subsec. (b). Pub. L. 101189 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. 98426 substituted “Longshore” for “Longshoremens”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentPub. L. 105261, div. A, title IX, § 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 AmendmentPub. L. 101189, div. A, title III, § 341(b), Nov. 29, 1989, 103 Stat. 1419, 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 Airmens Home [now Armed Forces Retirement Home—Washington] made for fiscal years after fiscal year 1990.”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98426, set out as a note under section 901 of Title 33, Navigation and Navigable Waters.
Investment of National Park Service Trust FundsPub. L. 114113, div. G, title I, Dec. 18, 2015, 129 Stat. 2533, provided in part that: “In fiscal year 2016 and each fiscal year thereafter, any amounts deposited into the National Park Service trust fund accounts (31 U.S.C. 1321(a)(l7)(18)) shall be invested by the Secretary of the Treasury in interest bearing obligations of the United States to the extent such amounts are not, in his judgment, required to meet current withdrawals: Provided, That interest earned by such investments shall be available for obligation without further appropriation, to the benefit of the project.”
Trust Funds for Individual IndiansSection 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 5101 to 5103, 5107 to 5113, 5115, 5116, 5118, 5120, 5121, 5123 to 5125, and 5129 of Title 25, Indians.
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# 31 U.S.C. § 1322 - Payments of unclaimed trust fund amounts and refund of amounts erroneously deposited
## Text
(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 92117; 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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 922; Pub. L. 98359, § 2, July 13, 1984, 98 Stat. 402.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1322(a)31:725s(a)(last sentence last proviso).June 26, 1934, ch. 756, § 20(a)(last sentence last proviso), 48 Stat. 1233; Apr. 21, 1976, Pub. L. 94273, § 2(16), 90 Stat. 375. 1322(b)31:725p1.June 30, 1949, ch. 286, § 101(par. under heading “Payments of Unclaimed Moneys”), 63 Stat. 359. 31:725q1.June 30, 1949, ch. 286, § 101(par. under heading “Refund of Moneys Erroneously Received and Covered”), 63 Stat. 358. 1322(c)31:725p(note).Aug. 13, 1971, Pub. L. 92117, 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 31:725q1 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 31:725p1 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 31:725q1 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. 92117, 85 Stat. 337), is omitted as executed.
Editorial Notes
References in TextSubsection (a) of the first section of the Act of August 13, 1971 (Public Law 92117; 85 Stat. 337), referred to in subsec. (c)(1), was repealed by Pub. L. 97258, § 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. 98359, which was approved July 13, 1984.
Amendments1984—Subsec. (c)(1). Pub. L. 98359 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. 98359 substituted reference to par. (3) of this subsection for reference to par. (1) of this subsection. Subsec. (c)(3), (4). Pub. L. 98359 added pars. (3) and (4).
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# 31 U.S.C. § 1323 - Trust funds for certain fees, donations, quasi-public amounts, and unearned amounts
## Text
(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).
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 922.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1323(a), (b)31:725r(less proviso).June 26, 1934, ch. 756, § 19, 48 Stat. 1232; Dec. 21, 1944, ch. 631, § 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. 93596, 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.
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# 31 U.S.C. § 1324 - Refund of internal revenue collections
## Text
(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 21, 24, 25A, 35, 36, 36A,11 See References in Text note below. 36B, 168(k)(4)(F), 53(e),1 54B(h),1 3131, 3132, 3134, 6428, 6428A, 6428B, 6431,1 or 7527A of such Code, or due under section 3081(b)(2) of the Housing Assistance Tax Act of 2008.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 10534, title I, § 101(d)(1), Aug. 5, 1997, 111 Stat. 799; Pub. L. 107210, div. A, title II, § 201(c)(1), Aug. 6, 2002, 116 Stat. 960; Pub. L. 109432, div. A, title IV, § 402(b)(2), Dec. 20, 2006, 120 Stat. 2954; Pub. L. 110185, title I, § 101(f)(1), Feb. 13, 2008, 122 Stat. 617; Pub. L. 110234, title XV, § 15316(c)(6), May 22, 2008, 122 Stat. 1511; Pub. L. 110246, § 4(a), title XV, § 15316(c)(6), June 18, 2008, 122 Stat. 1664, 2273; Pub. L. 110289, div. C, title I, § 3011(b)(3), title III, § 3081(c), July 30, 2008, 122 Stat. 2891, 2906; Pub. L. 1115, div. B, title I, §§ 1001(e)(2), 1004(b)(8), 1531(c)(1), Feb. 17, 2009, 123 Stat. 312, 314, 360; Pub. L. 111148, title I, § 1401(d)(1), title X, § 10909(b)(2)(P), (c), Mar. 23, 2010, 124 Stat. 220, 1023; Pub. L. 111312, title I, § 101(b)(1), Dec. 17, 2010, 124 Stat. 3298; Pub. L. 113295, div. A, title II, § 221(a)(112)(D), Dec. 19, 2014, 128 Stat. 4054; Pub. L. 116136, div. A, title II, § 2201(g)(1), Mar. 27, 2020, 134 Stat. 339; Pub. L. 116260, div. N, title II, § 272(g)(1), Dec. 27, 2020, 134 Stat. 1976; Pub. L. 1172, title IX, §§ 9601(c)(3)(A), 9611(b)(4)(C), 9631(c)(2), 9641(b), 9651(b), Mar. 11, 2021, 135 Stat. 143, 150, 160, 171, 182; Pub. L. 117328, div. T, title I, § 103(d), Dec. 29, 2022, 136 Stat. 5285.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1324(a)31:725q1a(1st par.).June 19, 1948, ch. 558, § 101(words before proviso in par. under heading “Bureau of Internal Revenue”), 62 Stat. 561. 1324(b)31:725q1a(last par.).June 19, 1948, ch. 558, 62 Stat. 560, § 302(last par); added Sept. 8, 1978, Pub. L. 95355, § 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.
Amendment of Subsection (b)(2)Pub. L. 117328, div. T, title I, § 103(d), (f), Dec. 29, 2022, 136 Stat. 5285, 5286, provided that, applicable to taxable years beginning after Dec. 31, 2026, subsection (b)(2) of this section is amended by striking “or 7527A” and inserting “7527A, or 6433”. See 2022 Amendment note below.
Editorial Notes
References in TextAct 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. 10534, 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. Sections 21, 24, 25A, 35, 36, 36A, 36B, 168, 53, 54B, 3131, 3132, 3134, 6428, 6428A, 6428B, 6431, and 7527A of the Internal Revenue Code of 1986, referred to in subsec. (b)(2), are classified to sections 21, 24, 25A, 35, 36, 36A, 36B, 168, 53, 54B, 3131, 3132, 3134, 6428, 6428A, 6428B, 6431, and 7527A, respectively, of Title 26, Internal Revenue Code. Section 36A of Title 26 was repealed by Pub. L. 113295, div. A, title II, § 221(a)(5)(A), Dec. 19, 2014, 128 Stat. 4037. Subsec. (e) of section 53 of Title 26, which related to a special rule for individuals with long-term unused credits, was repealed by Pub. L. 113295, div. A, title II, § 221(a)(8)(A)(i), Dec. 19, 2014, 128 Stat. 4038. Sections 54B and 6431 of Title 26 were repealed by Pub. L. 11597, title I, § 13404(a), Dec. 22, 2017, 131 Stat. 2138. Section 3081(b)(2) of the Housing Assistance Tax Act of 2008, referred to in subsec. (b)(2), is section 3081(b)(2) of Pub. L. 110289, div. C, title III, July 30, 2008, 122 Stat. 2906, which is not classified to the Code.
Codification Pub. L. 110234 and Pub. L. 110246 made identical amendments to this section. The amendments by Pub. L. 110234 were repealed by section 4(a) of Pub. L. 110246.
Amendments2022—Subsec. (b)(2). Pub. L. 117328 substituted “7527A, or 6433” for “or 7527A”. 2021—Subsec. (b)(2). Pub. L. 1172, § 9651(b), inserted “3134,” before “6428”. Pub. L. 1172, § 9641(b), inserted “3131, 3132,” before “6428”. Pub. L. 1172, § 9631(c)(2), inserted “21,” before “24”. Pub. L. 1172, § 9611(b)(4)(C), inserted “24,” before “25A” and substituted “6431, or 7527A” for “or 6431”. Pub. L. 1172, § 9601(c)(3)(A), inserted “6428B,” after “6428A,”. 2020—Subsec. (b)(2). Pub. L. 116260 inserted “6428A,” after “6428,”. Pub. L. 116136 inserted “6428,” after “54B(h),”. 2014—Subsec. (b)(2). Pub. L. 113295 substituted “or 6431” for “6428, or 6431,”. 2010—Subsec. (b)(2). Pub. L. 111148, § 10909(b)(2)(P), (c), as amended by Pub. L. 111312, temporarily inserted “36C,” after “36B,”. See Effective and Termination Dates of 2010 Amendment note below. Pub. L. 111148, § 1401(d)(1), inserted “36B,” after “36A,”. 2009—Subsec. (b)(2). Pub. L. 1115, § 1531(c)(1), substituted “6428, or 6431,” for “or 6428”. Pub. L. 1115, § 1004(b)(8), inserted “25A,” after “section”. Pub. L. 1115, § 1001(e)(2), inserted “36A,” after “36,”. 2008—Subsec. (b)(2). Pub. L. 110289, § 3081(c), inserted “168(k)(4)(F),” after “36,” and “, or due under section 3081(b)(2) of the Housing Assistance Tax Act of 2008” before period at end. Pub. L. 110289, § 3011(b)(3), inserted “36,” after “35,”. Pub. L. 110246, § 15316(c)(6), substituted “, 53(e), 54B(h), or 6428” for “or 6428 or 53(e)”. Pub. L. 110185 inserted “or 6428” after “section 35”. 2006—Subsec. (b)(2). Pub. L. 109432 inserted “or 53(e)” after “section 35”. 2002—Subsec. (b)(2). Pub. L. 107210 inserted “, or from section 35 of such Code” before period at end. 1997—Subsec. (b)(2). Pub. L. 10534 inserted before period at end “, or enacted by the Taxpayer Relief Act of 1997”. 1986—Subsec. (b)(2). Pub. L. 99514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117328 applicable to taxable years beginning after Dec. 31, 2026, see section 103(f) of Pub. L. 117328, set out as an Effective Date note under section 6433 of Title 26, Internal Revenue Code.
Effective Date of 2021 AmendmentAmendment by section 9611(b)(4)(C) of Pub. L. 1172 applicable to taxable years beginning after Dec. 31, 2020, see section 9611(c)(1) of Pub. L. 1172, set out as a note under section 24 of Title 26, Internal Revenue Code. Amendment by section 9631(c)(2) of Pub. L. 1172 applicable to taxable years beginning after Dec. 31, 2020, see section 9631(d) of Pub. L. 1172, set out as a note under section 21 of Title 26, Internal Revenue Code. Amendment by section 9641(b) of Pub. L. 1172 applicable to amounts paid with respect to calendar quarters beginning after Mar. 31, 2021, see section 9641(d) of Pub. L. 1172, set out as an Effective Date note under secton 3131 of Title 26, Internal Revenue Code. Amendment by section 9651(b) of Pub. L. 1172 applicable to calendar quarters beginning after June 30, 2021, see section 9651(d) of Pub. L. 1172, set out as an Effective Date note under secton 3134 of Title 26, Internal Revenue Code.
Effective Date of 2014 AmendmentAmendment by Pub. L. 113295 effective Dec. 19, 2014, subject to a savings provision, see section 221(b) of Pub. L. 113295, set out as a note under section 1 of Title 26, Internal Revenue Code.
Effective and Termination Dates of 2010 AmendmentAmendment by section 1401(d)(1) of Pub. L. 111148 applicable to taxable years ending after Dec. 31, 2013, see section 1401(e) of Pub. L. 111148, set out as an Effective Date note under section 36B of Title 26, Internal Revenue Code. Amendment by section 10909(b)(2)(P) of Pub. L. 111148 inapplicable to taxable years beginning after Dec. 31, 2011, and this section is amended to read as if such amendment had never been enacted, see section 10909(c) of Pub. L. 111148, set out as a note under section 1 of Title 26, Internal Revenue Code. Amendment by section 10909(b)(2)(P) of Pub. L. 111148 applicable to taxable years beginning after Dec. 31, 2009, see section 10909(d) of Pub. L. 111148, set out as a note under section 1 of Title 26, Internal Revenue Code.
Effective Date of 2009 AmendmentAmendment by section 1001(e)(2) of Pub. L. 1115 applicable to taxable years beginning after Dec. 31, 2008, see section 1001(f) of Pub. L. 1115, set out as a note under section 6211 of Title 26, Internal Revenue Code. Amendment by section 1004(b)(8) of Pub. L. 1115 applicable to taxable years beginning after Dec. 31, 2008, see section 1004(d) of Pub. L. 1115, set out as an Effective and Termination Dates of 2009 Amendment note under section 24 of Title 26, Internal Revenue Code. Amendment by section 1531(c)(1) of Pub. L. 1115 applicable to obligations issued after Feb. 17, 2009, see section 1531(e) of Pub. L. 1115, set out as a note under section 6211 of Title 26, Internal Revenue Code.
Effective Date of 2008 AmendmentAmendment by section 3011(b)(3) of Pub. L. 110289 applicable to residences purchased on or after Apr. 9, 2008, in taxable years ending on or after such date, see section 3011(c) of Pub. L. 110289, set out as a note under section 26 of Title 26, Internal Revenue Code. Amendment by section 3081(c) of Pub. L. 110289 applicable to taxable years ending after Mar. 31, 2008, see section 3081(d) of Pub. L. 110289, set out as a note under section 168 of Title 26, Internal Revenue Code. Amendment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, except as otherwise provided, see section 4 of Pub. L. 110246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 15316(c)(6) of Pub. L. 110246 applicable to obligations issued after June 18, 2008, see section 15316(d) of Pub. L. 110246, set out as a note under section 6049 of Title 26, Internal Revenue Code.
Effective Date of 2006 AmendmentAmendment by Pub. L. 109432 applicable to taxable years beginning after Dec. 20, 2006, see section 402(c) of Pub. L. 109432, set out as a note under section 53 of Title 26, Internal Revenue Code.
Effective Date of 1997 AmendmentAmendment by Pub. L. 10534 applicable to taxable years beginning after Dec. 31, 1997, see section 101(e) of Pub. L. 10534, set out as a note under section 24 of Title 26, Internal Revenue Code.
Construction of 2002 AmendmentNothing in amendment by Pub. L. 107210, 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. 107210, set out as a Construction note under section 35 of Title 26, Internal Revenue Code.
Coordination With Refund ProvisionPub. L. 101508, title XI, § 11116, Nov. 5, 1990, 104 Stat. 1388415, 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.”
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# 31 U.S.C. § 1341 - Limitations on expending and obligating amounts
## Text
(a) (1) Except as specified in this subchapter or any other provision of law, an officer or employee of the United States Government or of the District of Columbia government may not—
(A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation;
(B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law;
(C) make or authorize an expenditure or obligation of funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or
(D) involve either government in a contract or obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985.
(2) This subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government.
(b) An article to be used by an executive department in the District of Columbia that could be bought out of an appropriation made to a regular contingent fund of the department may not be bought out of another amount available for obligation.
(c) (1) In this subsection—
(A) the term “covered lapse in appropriations” means any lapse in appropriations that begins on or after December 22, 2018;
(B) the term “District of Columbia public employer” means—
(i) the District of Columbia Courts;
(ii) the Public Defender Service for the District of Columbia; or
(iii) the District of Columbia government;
(C) the term “employee” includes an officer; and
(D) the term “excepted employee” means an excepted employee or an employee performing emergency work, as such terms are defined by the Office of Personnel Management or the appropriate District of Columbia public employer, as applicable.
(2) Each employee of the United States Government or of a District of Columbia public employer furloughed as a result of a covered lapse in appropriations shall be paid for the period of the lapse in appropriations, and each excepted employee who is required to perform work during a covered lapse in appropriations shall be paid for such work, at the employees standard rate of pay, at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates, and subject to the enactment of appropriations Acts ending the lapse.
(3) During a covered lapse in appropriations, each excepted employee who is required to perform work shall be entitled to use leave under chapter 63 of title 5, or any other applicable law governing the use of leave by the excepted employee, for which compensation shall be paid at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 101508, title XIII, § 13213(a), Nov. 5, 1990, 104 Stat. 1388621; Pub. L. 1161, § 2, Jan. 16, 2019, 133 Stat. 3; Pub. L. 1165, § 103, Jan. 25, 2019, 133 Stat. 11.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1341(a)31:665(a), (d)(2)(last sentence related to spending and obligations).R.S. § 3679(a), (d)(2)(last sentence related to spending and obligations); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 765. 1341(b)31:669(words after semicolon).Aug. 23, 1912, ch. 350, § 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.
Editorial Notes
References in TextSection 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.
Amendments2019—Subsec. (a)(1). Pub. L. 1161, § 2(1), in introductory provisions, substituted “Except as specified in this subchapter or any other provision of law, an officer” for “An officer”. Subsec. (c). Pub. L. 1161, § 2(2), added subsec. (c). Subsec. (c)(2). Pub. L. 1165 inserted “, and subject to the enactment of appropriations Acts ending the lapse” before period at end. 1990—Subsec. (a)(1)(C), (D). Pub. L. 101508 added subpars. (C) and (D).
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# 31 U.S.C. § 1342 - Limitation on voluntary services
## Text
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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 923; Pub. L. 101508, title XIII, § 13213(b), Nov. 5, 1990, 104 Stat. 1388621; Pub. L. 10492, title III, § 310(a), Jan. 6, 1996, 110 Stat. 20.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 134231:665(b).R.S. § 3679(b), (d)(2)(last sentence related to voluntary services); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 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 47105 of the D.C. Code.
Editorial Notes
Amendments1996—Pub. L. 10492 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. 101508 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.”
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1996 AmendmentPub. L. 10492, title III, § 310(a), Jan. 6, 1996, 110 Stat. 20, provided that the amendment made by that section is for the period Dec. 15, 1995, through Jan. 26, 1996.
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# 31 U.S.C. § 1344 - Passenger carrier use
## Text
(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 individuals residence and such individuals place of employment is not transportation for an official purpose.
(2) For purposes of paragraph (1), transportation between the residence of an officer or employee and various locations that is—
(A) required for the performance of field work, in accordance with regulations prescribed pursuant to subsection (e) of this section, or
(B) essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or criminal law enforcement duties, or transportation of federally owned canines associated with force protection duties of any part of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)),
is transportation for an official purpose, when approved in writing by the head of the Federal agency.
(3) For purposes of paragraph (1), the transportation of an individual between such individuals place of employment and a mass transit facility pursuant to subsection (g) is transportation for an official purpose.
(b) A passenger carrier may be used to transport between residence and place of employment the following officers and employees of Federal agencies:
(1) (A) the President and the Vice President;
(B) no more than 6 officers or employees in the Executive Office of the President, as designated by the President; and
(C) no more than 10 additional officers or employees of Federal agencies, as designated by the President;
(2) the Chief Justice and the Associate Justices of the Supreme Court;
(3) (A) officers compensated at Level I of the Executive Schedule pursuant to 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, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives 11 So in original. Probably should be followed by a comma. the Administrator of the Drug Enforcement Administration, and the Administrator of the National Aeronautics and Space Administration;
(7) the Chairman of the Board of Governors of the Federal Reserve System;
(8) the Comptroller General of the United States and the Postmaster General of the United States; and
(9) an officer or employee with regard to whom the head of a Federal agency makes a determination, in accordance with subsection (d) of this section and with regulations prescribed pursuant to paragraph (1) of subsection (e), that highly unusual circumstances present a clear and present danger, that an emergency exists, or that other compelling operational considerations make such transportation essential to the conduct of official business.
Except as provided in paragraph (2) of subsection (d), any authorization made pursuant to clause (9) of this subsection to permit the use of a passenger carrier to transport an officer or employee between residence and place of employment shall be effective for not more than 15 calendar days.
(c) A passenger carrier may be used to transport between residence and place of employment any person for whom protection is specifically authorized pursuant to 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 employees 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 individuals residence and such individuals place of employment pursuant to this section.
(g) (1) If and to the extent that the head of a Federal agency, in his or her sole discretion, deems it appropriate, a passenger carrier may be used to transport an officer or employee of a Federal agency between the officers or employees place of employment and a mass transit facility (whether or not publicly owned) in accordance with succeeding provisions of this subsection.
(2) Notwithstanding section 1343, a Federal agency that provides transportation services under this subsection (including by passenger carrier) may absorb the costs of such services using any funds available to such agency, whether by appropriation or otherwise.
(3) In carrying out this subsection, a Federal agency, to the maximum extent practicable and consistent with sound budget policy, should—
(A) use alternative fuel vehicles for the provision of transportation services;
(B) to the extent consistent with the purposes of this subsection, provide transportation services in a manner that does not result in additional gross income for Federal income tax purposes; and
(C) coordinate with other Federal agencies to share, and otherwise avoid duplication of, transportation services provided under this subsection.
(4) For purposes of any determination under chapter 81 of title 5 or chapter 171 of title 28, an individual shall not be considered to be in the “performance of duty” or “acting within the scope of his or her office or employment” by virtue of the fact that such individual is receiving transportation services under this subsection. Nor shall any time during which an individual uses such services be considered when calculating the hours of work or employment for that individual for purposes of title 5 of the United States Code, including chapter 55 of that title.
(5) (A) The Administrator of General Services, after consultation with the appropriate agencies, shall prescribe any regulations necessary to carry out this subsection.
(B) Transportation services under this subsection shall be subject neither to the last sentence of subsection (d)(3) nor to any regulations under the last sentence of subsection (e)(1).
(6) In this subsection, the term “passenger carrier” means a passenger motor vehicle or similar means of transportation that is owned, leased, or provided pursuant to contract by the United States Government.
(h) As used in this section—
(1) the term “passenger carrier” means a passenger motor vehicle, aircraft, boat, ship, or other similar means of transportation that is owned or leased by the United States Government; and
(2) the term “Federal agency” means—
(A) a department—
(i) including independent establishments, other agencies, and wholly owned Government corporations; but
(ii) not including the Senate, House of Representatives, or Architect of the Capitol, or the officers or employees thereof;
(B) an Executive department (as such term is defined in 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) 22 See References in Text note below. of title 44);
(I) the Smithsonian Institution; and
(J) any nonappropriated fund instrumentality of the United States,
except that such term does not include the government of the District of Columbia.
(i) Notwithstanding section 410(a) of title 39, this section applies to the United States Postal Service.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 924; Pub. L. 99550, § 1(a), Oct. 27, 1986, 100 Stat. 3067; Pub. L. 100180, div. A, title XIII, § 1314(d)(2), Dec. 4, 1987, 101 Stat. 1176; Pub. L. 100202, § 101(a) [title IV, § 407], Dec. 22, 1987, 101 Stat. 1329, 132926; Pub. L. 101510, div. A, title III, § 326(b), Nov. 5, 1990, 104 Stat. 1531; Pub. L. 103272, § 4(f)(2), July 5, 1994, 108 Stat. 1363; Pub. L. 10491, title I, § 101(a), Jan. 6, 1996, 110 Stat. 11, amended Pub. L. 10499, title II, § 211, Jan. 26, 1996, 110 Stat. 37; Pub. L. 1087, div. K, title IV, § 423, Feb. 20, 2003, 117 Stat. 526; Pub. L. 108447, div. B, title I, § 117, Dec. 8, 2004, 118 Stat. 2870; Pub. L. 10959, title III, § 3049(b)(1), (2), Aug. 10, 2005, 119 Stat. 1712, 1713; Pub. L. 111350, § 5(h)(4), Jan. 4, 2011, 124 Stat. 3849; Pub. L. 117103, div. X, title III, § 306, Mar. 15, 2022, 136 Stat. 966.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1344(a)31:638a(c)(2)(1st sentence).July 16, 1914, ch. 141, § 5(c)(2)(1st, last sentences), 38 Stat. 508; restated Aug. 2, 1946, ch. 744, § 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. 89554, 80 Stat. 631). In subsection (b)(3), the words “ambassadors, ministers, charges daffaires” are omitted as being included in “principal diplomatic and consular officials”.
Editorial Notes
References in TextSection 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 3510(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. 100202. See 1987 Amendment note below. Section 3502 of title 44, referred to in subsec. (h)(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. 10413, § 2, May 22, 1995, 109 Stat. 163. Pub. L. 10413 enacted a new section 3502 of Title 44 which also defines “independent regulatory agency”.
Codification Amendment by Pub. L. 10491 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. 10491.
Amendments2022—Subsec. (a)(2)(B). Pub. L. 117103 inserted “, or transportation of federally owned canines associated with force protection duties of any part of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003))” after “duties”. 2011—Subsec. (h)(2)(A). Pub. L. 111350 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a department (as such term is defined in section 18 of the Act of August 2, 1946 (41 U.S.C. 5a));”. 2005—Subsec. (a)(3). Pub. L. 10959, § 3049(b)(2), added par. (3). Subsecs. (g) to (i). Pub. L. 10959, § 3049(b)(1), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively. 2004—Subsec. (b)(6). Pub. L. 108447 inserted “Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives” after “Federal Bureau of Investigation,”. 2003—Subsec. (b)(6). Pub. L. 1087 added par. (6) and struck out former par. (6) which read as follows: “the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, and the Administrator of the Drug Enforcement Administration;”. 1996—Subsec. (b)(6). Pub. L. 10491, as amended by Pub. L. 10499, 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. 103272 amended Pub. L. 100202. See 1987 Amendment notes below. 1990—Subsec. (c). Pub. L. 101510 inserted “, section 2637 of title 10,” after “Act of 1956”. 1987—Subsec. (b). Pub. L. 100202, § 101(a) [title IV, § 407(1)], as amended by Pub. L. 103272, 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. 100180 inserted “the members and Vice Chairman of” before “the Joint Chiefs of Staff”. Subsec. (d)(1), (2). Pub. L. 100202, § 101(a) [title IV, § 407(2)(A)], as amended by Pub. L. 103272, substituted “subsection (b)(9) of this section” for “paragraph (8) of subsection (b)”. Subsec. (d)(3). Pub. L. 100202, § 101(a) [title IV, § 407(2)(B)], as amended by Pub. L. 103272, 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. 100202, § 101(a) [title IV, § 407(2)(C)], as amended by Pub. L. 103272, 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. 100202, § 101(a) [title IV, § 407(3)], as amended by Pub. L. 103272, substituted “(b)(9)” for “(b)(8)”. 1986—Pub. L. 99550 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.”
Statutory Notes and Related Subsidiaries
Change of Name Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108458, set out as a note under section 3001 of Title 50, War and National Defense. Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004. Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of Pub. L. 10414, 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. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2004 AmendmentPub. L. 108447, div. B, title I, § 117, Dec. 8, 2004, 118 Stat. 2870, provided in part that: “This amendment [amending this section] shall take effect as if enacted on January 1, 2004.”
Effective Date of 1994 AmendmentPub. L. 103272, § 4(f)(2), July 5, 1994, 108 Stat. 1363, provided that the amendment made by that section is effective Dec. 22, 1987.
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.
Charging Helps Agencies Realize General EfficienciesPub. L. 116160, Oct. 1, 2020, 134 Stat. 753, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the Charging Helps Agencies Realize General Efficiencies Act or the CHARGE Act. “SEC. 2. PAYMENT BY CHARGE CARD FOR CHARGING FEDERAL ELECTRIC MOTOR VEHICLES.“(a) Definitions.—In this Act—“(1) the term Administrator means the Administrator of General Services; “(2) the term charge card’—“(A) means a card, plate, coupon book, or other means existing for the purpose of obtaining money, property, labor, or services; and “(B) includes—“(i) a card issued under the GSA SmartPay program; and “(ii) a Fleet Services card; “(3) the term covered electric motor vehicle means a passenger carrier that is—“(A) a passenger motor vehicle; and “(B) an electric motor vehicle; “(4) the term electric motor vehicle has the meaning given the term in section 601 of the Energy Policy Act of 1992 (42 U.S.C. 13271); “(5) the term electric motor vehicle charging station means a battery-charging station that permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric motor vehicle; and “(6) the terms Federal agency and passenger carrier have the meanings given those terms in section 1344(h) of title 31, United States Code. “(b) Guidance.—Not later than 180 days after the date of enactment of this Act [Oct. 1, 2020], the Administrator shall issue guidance to clarify that each Federal agency may, in accordance with section 1344 of title 31, United States Code—“(1) charge a covered electric motor vehicle at a commercial electric motor vehicle charging station; and “(2) pay for a transaction described in paragraph (1) with a charge card. “(c) Issuance of charge cards.—Not later than 180 days after the date of enactment of this Act, the Administrator shall issue to each Federal agency a charge card for each covered electric motor vehicle of the Federal agency that may be used by an officer or employee of the Federal agency to pay for charging the covered motor vehicle in accordance with the guidance issued under subsection (b).”
CoordinationPub. L. 10959, title III, § 3049(b)(3), Aug. 10, 2005, 119 Stat. 1713, provided that: “The authority to provide transportation services under section 1344(g) of title 31, United States Code (as amended by paragraph (1)) shall be in addition to any authority otherwise available to the agency involved.”
Use of Government VehiclesPub. L. 101194, title V, § 503, Nov. 30, 1989, 103 Stat. 1755, as amended by Pub. L. 101280, § 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 RepresentativesPub. L. 101194, title VIII, § 802(d), Nov. 30, 1989, 103 Stat. 1773, as amended by Pub. L. 104186, title II, § 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.”
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# 31 U.S.C. § 1345 - Expenses of meetings
## Text
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 4H Boys and Girls Clubs as part of the cooperative extension work of the Department of Agriculture.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 925.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 134531:551.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.
Statutory Notes and Related Subsidiaries
Availability of Appropriations for Expenses of Attending MeetingsPub. L. 102394, title V, § 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. 102170, title V, § 505, Nov. 26, 1991, 105 Stat. 1141. Pub. L. 101517, title V, § 505, Nov. 5, 1990, 104 Stat. 2221. Pub. L. 101166, title V, § 505, Nov. 21, 1989, 103 Stat. 1189. Pub. L. 100202, § 101(h) [title V, § 505], Dec. 22, 1987, 101 Stat. 1329256, 1329287. Pub. L. 99500, § 101(i) [H.R. 5233, title V, § 505], Oct. 18, 1986, 100 Stat. 1783287, and Pub. L. 99591, § 101(i) [H.R. 5233, title V, § 505], Oct. 30, 1986, 100 Stat. 3341287. Pub. L. 99178, title V, § 505, Dec. 12, 1985, 99 Stat. 1132. Pub. L. 98619, title V, § 505, Nov. 8, 1984, 98 Stat. 3333. Pub. L. 98139, title V, § 505, Oct. 31, 1983, 97 Stat. 899. Pub. L. 97377, title I, § 101(e)(1) [title V, § 505], Dec. 21, 1982, 96 Stat. 1878, 1904.
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# 31 U.S.C. § 1346 - Commissions, councils, boards, and inter­agency and similar groups
## Text
(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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 925.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1346(a)31:672(1st sentence less words between 4th and 5th commas).R.S. § 3681. 31:673(less words between 11th comma and semicolon).Mar. 4, 1909, ch. 299, § 9, 35 Stat. 1027. 1346(b)31:691.May 3, 1945, ch. 106, § 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.
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# 31 U.S.C. § 1347 - Appropriations or authorizations required for agencies in existence for more than one year
## Text
(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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 925.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1347(a)31:696(1st, 2d sentences).June 27, 1944, ch. 286, § 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.
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# 31 U.S.C. § 1348 - Telephone installation and charges
## Text
(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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 926; Pub. L. 98407, title VIII, § 811(a), Aug. 28, 1984, 98 Stat. 1523; Pub. L. 104201, div. A, title XVII, § 1721, Sept. 23, 1996, 110 Stat. 2758.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1348(a)(1)31:679(words before 2d comma).Aug. 23, 1912, ch. 350, § 7(less proviso), 37 Stat. 414. 1348(a)(2)31:679(proviso).Aug. 23, 1912, ch. 350, 37 Stat. 360, § 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, § 4, 53 Stat. 738. 1348(c)31:680.Sept. 22, 1922, ch. 427, § 7, 42 Stat. 1042; May 17, 1950, ch. 188, § 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.
Editorial Notes
Amendments1996—Subsec. (a)(2). Pub. L. 104201, § 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. 104201, § 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. 98407 added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104201, set out as a note under section 5722 of Title 5, Government Organization and Employees.
Effective Date of 1984 AmendmentPub. L. 98407, title VIII, § 811(b), Aug. 28, 1984, 98 Stat. 1523, 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 HomePub. L. 10452, title VI, § 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 agencys mission.”
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# 31 U.S.C. § 1349 - Adverse personnel actions
## Text
(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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 926.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1349(a)31:665(i)(1)(words before semicolon related to (a), (b)).R.S. § 3679(i)(1)(words before semicolon related to (a), (b)); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 768. 1349(b)31:638a(c)(2)(2d sentence).July 16, 1914, ch. 141, § 5(c)(2)(2d sentence), 38 Stat. 508; restated Aug. 2, 1946, ch. 744, § 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 47105 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.
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# 31 U.S.C. § 1350 - Criminal penalty
## Text
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.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 926.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 135031:665(i)(1)(words after semicolon related to (a), (b)).R.S. § 3679(i)(1)(words after semicolon related to (a), (b)); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 768. The words “District of Columbia government” are added because of section 47105 of the D.C. Code. The words “upon conviction” are omitted as surplus.
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# 31 U.S.C. § 1351 - Reports on violations
## Text
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. A copy of each report shall also be transmitted to the Comptroller General on the same date the report is transmitted to the President and Congress.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 926; Pub. L. 108447, div. G, title I, § 1401(a), Dec. 8, 2004, 118 Stat. 3192.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 135131:665(i)(2)(related to (a), (b)).R.S. § 3679(i)(2)(related to (a), (b)); Mar. 3, 1905, ch. 1404, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 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. 93198, 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.
Editorial Notes
Amendments2004—Pub. L. 108447 inserted at end “A copy of each report shall also be transmitted to the Comptroller General on the same date the report is transmitted to the President and Congress.”
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# 31 U.S.C. § 1352 - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions
## Text
(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).11 See References in Text note below.
(Added Pub. L. 101121, title III, § 319(a)(1), Oct. 23, 1989, 103 Stat. 750; amended Pub. L. 101512, title III, § 320, Nov. 5, 1990, 104 Stat. 1977; Pub. L. 103272, § 4(f)(1)(F), July 5, 1994, 108 Stat. 1362; Pub. L. 10465, § 10, Dec. 19, 1995, 109 Stat. 700; Pub. L. 10466, title III, § 3001(b), Dec. 21, 1995, 109 Stat. 734; Pub. L. 104106, div. A, title X, § 1064(c), div. D, title XLIII, § 4301(a)(2), Feb. 10, 1996, 110 Stat. 445, 656.)
## Notes
Editorial Notes
References in TextThe Lobbying Disclosure Act of 1995, referred to in subsec. (b)(2)(A), (3), is Pub. L. 10465, Dec. 19, 1995, 109 Stat. 691, which is classified principally to chapter 26 (§ 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. Section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), referred to in subsec. (g)(11), was classified to section 450b of Title 25, Indians, prior to editorial reclassification as section 5304 of Title 25.
Codification Another section 1352 was renumbered section 1353 of this title.
Amendments1996—Subsec. (b)(2). Pub. L. 104106, § 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. 10465, § 10(a)(1). See 1995 Amendment note below. Subsec. (b)(6)(A). Pub. L. 104106, § 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. 10465, § 10(a)(3). See 1995 Amendment note below. Subsec. (d)(1). Pub. L. 104106, § 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. 10465, § 10(b). See 1995 Amendment note below. 1995—Subsec. (b)(2). Pub. L. 10465, § 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. 10465, § 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. 10465, § 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. 10465, § 10(b), and Pub. L. 10466, § 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. 103272, § 4(f)(1)(F)(i), substituted “(c)(1) Any person” for “(C)(1) Any person”. Subsec. (e)(1)(C). Pub. L. 103272, § 4(f)(1)(F)(ii), substituted “appropriated” for “appropirated” and inserted period at end. Subsec. (h)(7). Pub. L. 103272, § 4(f)(1)(F)(iii), inserted periods after “agency” and “guaranty”. 1990—Subsec. (e)(2)(C). Pub. L. 101512 inserted “or the single family maximum mortgage limit for affected programs, whichever is greater,” after “$150,000,”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentFor effective date and applicability of amendment by Pub. L. 104106, see section 4401 of Pub. L. 104106, set out as a note under section 2220 of Title 10, Armed Forces.
Effective Date of 1995 AmendmentAmendment by Pub. L. 10465 effective Jan. 1, 1996, except as otherwise provided, see section 24 of Pub. L. 10465, set out as an Effective Date note under section 1601 of Title 2, The Congress.
Effective DatePub. L. 101121, title III, § 319(d), Oct. 23, 1989, 103 Stat. 756, 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; ContentPub. L. 101121, title III, § 319(b), Oct. 23, 1989, 103 Stat. 756, 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 ImplementationPub. L. 101121, title III, § 319(c), Oct. 23, 1989, 103 Stat. 756, required the Director of the Office of Management and Budget to notify the head of each agency that this section was to be complied with commencing 60 days after Oct. 23, 1989, and required the Director, not later than 60 days after Oct. 23, 1989, to issue the guidance required under this section.
@@ -0,0 +1,69 @@
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# 31 U.S.C. § 1353 - Acceptance of travel and related expenses from non-Federal sources
## Text
(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 agencys 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.
(Added Pub. L. 101194, title III, § 302(a), Nov. 30, 1989, 103 Stat. 1745, § 1352; renumbered § 1353 and amended Pub. L. 101280, § 4(b)(1), (c), May 4, 1990, 104 Stat. 157, 158.)
## Notes
Editorial Notes
Amendments1990—Pub. L. 101280, § 4(b)(1), renumbered section 1352 of this title as this section. Subsec. (a). Pub. L. 101280, § 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 agencys behalf,” for “or employee in the executive branch may accept payment”. Subsec. (b). Pub. L. 101280, § 4(c)(2)(A), inserted “or 7342” after “section 4111”. Subsec. (b)(2). Pub. L. 101280, § 4(c)(2)(B), substituted “(1),” for “(1)”. Subsec. (c)(1). Pub. L. 101280, § 4(c)(3), substituted “all executive agencies” for “any executive agency”.
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# 31 U.S.C. § 1354 - Limitation on use of appropriated funds for contracts with entities not meeting veterans employment reporting requirements
## Text
(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).
(Added Pub. L. 105339, § 7(b)(1), Oct. 31, 1998, 112 Stat. 3189.)
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# 31 U.S.C. § 1355 - Prohibition on use of funds for portraits
## Text
(a) No funds appropriated or otherwise made available to the Federal Government may be used to pay for the painting of a portrait of an officer or employee of the Federal Government, including the President, the Vice President, a Member of Congress, the head of an executive agency, or the head of an office of the legislative branch.
(b) In this section—
(1) the term “executive agency” has the meaning given the term in section 133 of title 41; and
(2) the term “Member of Congress” includes a Delegate or Resident Commissioner to Congress.
(Added Pub. L. 115158, § 2(a), Mar. 27, 2018, 132 Stat. 1242.)
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# 31 U.S.C. § 1501 - Documentary evidence requirement for Government obligations
## Text
(a) An amount shall be recorded as an obligation of the United States Government only when supported by documentary evidence of—
(1) a binding agreement between an agency and another person (including an agency) that is—
(A) in writing, in a way and form, and for a purpose authorized by law; and
(B) executed before the end of the period of availability for obligation of the appropriation or fund used for specific goods to be delivered, real property to be bought or leased, or work or service to be provided;
(2) a loan agreement showing the amount and terms of repayment;
(3) an order required by law to be placed with an agency;
(4) an order issued under a law authorizing purchases without advertising—
(A) when necessary because of a public exigency;
(B) for perishable subsistence supplies; or
(C) within specific monetary limits;
(5) a grant or subsidy payable—
(A) from appropriations made for payment of, or contributions to, amounts required to be paid in specific amounts fixed by law or under formulas prescribed by law;
(B) under an agreement authorized by law; or
(C) under plans approved consistent with and authorized by law;
(6) a liability that may result from pending litigation;
(7) employment or services of persons or expenses of travel under law;
(8) services provided by public utilities; or
(9) other legal liability of the Government against an available appropriation or fund.
(b) A statement of obligations provided to Congress or a committee of Congress by an agency shall include only those amounts that are obligations consistent with subsection (a) of this section.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 927.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1501(a)31:200(a).Aug. 26, 1954, ch. 935, § 1311(a), (e), 68 Stat. 830, 831. 1501(b)31:200(e). In subsection (a), before clause (1), the words “After August 26, 1954” are omitted as executed. In clause (1), the words “an agency and another person (including an agency)” are substituted for “the parties thereto, including Government agencies” for clarity. In clause (2), the word “valid” is omitted as unnecessary. In clause (6), the words “brought under authority of law” are omitted as surplus. In clause (9), the word “legally” is omitted as surplus. In subsection (b), the words “consistent with” are substituted for “as defined in” for clarity and for consistency with section 1108 of the revised title. The word “valid” is omitted as unnecessary.
@@ -0,0 +1,47 @@
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# 31 U.S.C. § 1502 - Balances available
## Text
(a) The balance of an appropriation or fund limited for obligation to a definite period is available only for payment of expenses properly incurred during the period of availability or to complete contracts properly made within that period of availability and obligated consistent with section 1501 of this title. However, the appropriation or fund is not available for expenditure for a period beyond the period otherwise authorized by law.
(b) A provision of law requiring that the balance of an appropriation or fund be returned to the general fund of the Treasury at the end of a definite period does not affect the status of lawsuits or rights of action involving the right to an amount payable from the balance.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 928.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1502(a)31:200(d).Aug. 26, 1954, ch. 935, § 1311(d), 68 Stat. 831. 31:712a.July 6, 1949, ch. 299, § 1, 63 Stat. 407. 1502(b)31:665b.July 1, 1973, Pub. L. 9352, § 111, 87 Stat. 134. Subsection (a) restates the source provisions to eliminate unnecessary words and for consistency. In subsection (b), the words “balance of an appropriation or fund” are substituted for “unexpended funds” for clarity and consistency in the revised chapter.
Statutory Notes and Related Subsidiaries
Quarterly ReportsPub. L. 11975, div. B, title V, § 523, Feb. 3, 2026, 140 Stat. 321, provided that: “Not later than 30 days after the end of each calendar quarter, beginning with the first month of fiscal year 2026 the Departments of Labor, Health and Human Services and Education and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate a report on the status of balances of appropriations: Provided, That for balances that are unobligated and uncommitted, committed, and obligated but unexpended, the monthly reports shall separately identify the amounts attributable to each source year of appropriation (beginning with fiscal year 2012, or, to the extent feasible, earlier fiscal years) from which balances were derived.” Similar provisions were contained in the following prior appropriation acts: Pub. L. 11847, div. D, title V, § 524, Mar. 23, 2024, 138 Stat. 707. Pub. L. 117328, div. H, title V, § 524, Dec. 29, 2022, 136 Stat. 4912. Pub. L. 117103, div. H, title V, § 524, Mar. 15, 2022, 136 Stat. 500. Pub. L. 116260, div. H, title V, § 525, Dec. 27, 2020, 134 Stat. 1626. Pub. L. 11694, div. A, title V, § 525, Dec. 20, 2019, 133 Stat. 2611. Pub. L. 115245, div. B, title V, § 525, Sept. 28, 2018, 132 Stat. 3122. Pub. L. 115141, div. H, title V, § 526, Mar. 23, 2018, 132 Stat. 768. Pub. L. 11531, div. H, title V, § 526, May 5, 2017, 131 Stat. 566. Pub. L. 114113, div. H, title V, § 526, Dec. 18, 2015, 129 Stat. 2653. Pub. L. 113235, div. G, title V, § 523, Dec. 16, 2014, 128 Stat. 2518. Pub. L. 11376, div. H, title V, § 524, Jan. 17, 2014, 128 Stat. 413. Pub. L. 11274, div. F, title V, § 526, Dec. 23, 2011, 125 Stat. 1115.
Availability of Energy and Water Development Appropriations Limited to Fiscal Year In Which AppropriatedPub. L. 102377, title V, § 501, Oct. 2, 1992, 106 Stat. 1342, provided that: “No part of any appropriation contained in this Act or subsequent Energy and Water Development Appropriations Acts shall remain available for obligation beyond the fiscal year specified in such Acts therein unless expressly so provided therein.”
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# 31 U.S.C. § 1503 - Comptroller General reports of amounts for which no accounting is made
## Text
The Comptroller General shall make a special report each year to Congress on recommendations for changes in laws, that the Comptroller General believes may be in the public interest, about amounts—
(1) for which no accounting is made to the Comptroller General; and
(2) that are in—
(A) accounts of the United States Government; or
(B) the custody of an officer or employee of the Government if the Government is financially concerned.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 928.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 150331:725w.June 26, 1934, ch. 756, § 24, 48 Stat. 1236; Aug. 30, 1954, ch. 1076, § 1(31), 68 Stat. 968. The words “shall cause a survey to be made” are omitted as executed. The word “existing” is omitted as surplus.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 1037 (in which certain reporting requirements under this section are listed on page 9), see section 3003 of Pub. L. 10466, as amended, and section 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106554, set out as notes under section 1113 of this title.
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# 31 U.S.C. § 1511 - Definition and application
## Text
(a) In this subchapter, “appropriations” means—
(1) appropriated amounts;
(2) funds; and
(3) authority to make obligations by contract before appropriations.
(b) This subchapter does not apply to—
(1) amounts (except amounts for administrative expenses) available—
(A) for price support and surplus removal of agricultural commodities; and
(B) under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c);
(2) a corporation getting amounts to make loans (except paid in capital amounts) without legal liability on the part of the United States Government; and
(3) the Senate, the House of Representatives, a committee of Congress, a member, officer, employee, or office of either House of Congress, or the Office of the Architect of the Capitol or an officer or employee of that Office.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 928.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1511(a)31:665(c)(1)(last sentence), (d)(2)(5th sentence).R.S. § 3679(c)(1)(last sentence), (d)(2)(5th sentence, 6th sentence less 1st22d words, last sentence related to price supports), (f)(2); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 765, 766, 767. 1511(b)(1)31:665(d)(2)(6th sentence less 1st22d words). 1511(b)(2)31:665(d)(2)(last sentence related to price supports). 1511(b)(3)31:665(f)(2). In subsection (a)(1), the words “appropriated amounts” are substituted for “appropriations” for clarity. In clause (3), the word “make” is substituted for “create” as being more precise. The text of 31:665(d)(2)(5th sentence) is omitted as unnecessary because of section 102 of the revised title. In subsection (b), the word “amounts” is substituted for “funds” for consistency in the revised title. In clause (1)(B), the words “(7 U.S.C. 612c)” are substituted for “section 612(c) of title 7” to correct an error in section 3679(d)(2)(6th sentence) of the Revised Statutes. Clause (2) is substituted for the source provisions for consistency in the revised title.
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# 31 U.S.C. § 1512 - Apportionment and reserves
## Text
(a) Except as provided in this subchapter, an appropriation available for obligation for a definite period shall be apportioned to prevent obligation or expenditure at a rate that would indicate a necessity for a deficiency or supplemental appropriation for the period. An appropriation for an indefinite period and authority to make obligations by contract before appropriations shall be apportioned to achieve the most effective and economical use. An apportionment may be reapportioned under this section.
(b) (1) An appropriation subject to apportionment is apportioned by—
(A) months, calendar quarters, operating seasons, or other time periods;
(B) activities, functions, projects, or objects; or
(C) a combination of the ways referred to in clauses (A) and (B) of this paragraph.
(2) The official designated in section 1513 of this title to make apportionments shall apportion an appropriation under paragraph (1) of this subsection as the official considers appropriate. Except as specified by the official, an amount apportioned is available for obligation under the terms of the appropriation on a cumulative basis unless reapportioned.
(c) (1) In apportioning or reapportioning an appropriation, a reserve may be established only—
(A) to provide for contingencies;
(B) to achieve savings made possible by or through changes in requirements or greater efficiency of operations; or
(C) as specifically provided by law.
(2) A reserve established under this subsection may be changed as necessary to carry out the scope and objectives of the appropriation concerned. When an official designated in section 1513 of this title to make apportionments decides that an amount reserved will not be required to carry out the objectives and scope of the appropriation concerned, the official shall recommend the rescission of the amount in the way provided in chapter 11 of this title for appropriation requests. Reserves established under this section shall be reported to Congress as provided in the Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.).
(d) An apportionment or a reapportionment shall be reviewed at least 4 times a year by the official designated in section 1513 of this title to make apportionments.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 929.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1512(a)31:665(c)(1)(1st sentence), (4)(words after 1st comma).R.S. § 3679(c)(1)(1st sentence), (3), (4); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 765, 766. 1512(b)31:665(c)(3). 1512(c)31:665(c)(2).R.S. § 3679(c)(2); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 765; restated July 12, 1974, Pub. L. 93344, § 1002, 88 Stat. 332. 1512(d)31:665(c)(4)(words before 1st comma). In subsection (a), the word “appropriation” is substituted for “appropriations or funds” because of the definition of “appropriation” in section 1511 of the revised title. The words “at a rate” are substituted for “in a manner” for clarity. The words “indefinite period” are substituted for “not limited to a definite period of time” for consistency in the revised title. The words “An apportionment may be reapportioned under this section” are substituted for 31:665(c)(4)(words after 1st comma) to eliminate unnecessary words. In subsection (b)(1), before clause (A), the word “apportioned” is substituted for “distributed” for consistency in the revised section. In subsections (b)(2) and (d), the word “official” is substituted for “officer” for consistency in the revised title. In subsection (c)(1)(C), the words “by law” are substituted for “by particular appropriation Acts or other laws” to eliminate unnecessary words. In subsection (c)(2), the words “appropriation requests” are substituted for “estimates of appropriations” for consistency with chapter 11 of the revised title.
Editorial Notes
References in TextThe Impoundment Control Act of 1974, referred to in subsec. (c)(2), is parts A and B of title X of Pub. L. 93344, July 12, 1974, 88 Stat. 332, which is classified principally to subchapters I (§ 681) and II (§ 682 et seq.) of chapter 17B of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 681 of Title 2 and Tables.
Statutory Notes and Related Subsidiaries
Apportionment of Funds Appropriated to District of Columbia GovernmentPub. L. 100202, § 101(c) [title I, § 135], Dec. 22, 1987, 101 Stat. 132990, 1329102, provided that: “Federal funds hereafter appropriated to the District of Columbia government shall not be subject to apportionment except to the extent specifically provided by statute.”
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# 31 U.S.C. § 1513 - Officials controlling apportionments
## Text
(a) The official having administrative control of an appropriation available to the legislative branch, the judicial branch, the United States International Trade Commission, or the District of Columbia government that is required to be apportioned under section 1512 of this title shall apportion the appropriation in writing. An appropriation shall be apportioned not later than the later of the following:
(1) 30 days before the beginning of the fiscal year for which the appropriation is available; or
(2) 30 days after the date of enactment of the law by which the appropriation is made available.
(b) (1) The President shall apportion in writing an appropriation available to an executive agency (except the Commission) that is required to be apportioned under section 1512 of this title. The head of each executive agency to which the appropriation is available shall submit to the President information required for the apportionment in the form and the way and at the time specified by the President. The information shall be submitted not later than the later of the following:
(A) 40 days before the beginning of the fiscal year for which the appropriation is available; or
(B) 15 days after the date of enactment of the law by which the appropriation is made available.
(2) The President shall notify the head of the executive agency of the action taken in apportioning the appropriation under paragraph (1) of this subsection not later than the later of the following:
(A) 20 days before the beginning of the fiscal year for which the appropriation is available; or
(B) 30 days after the date of enactment of the law by which the appropriation is made available.
(c) By the first day of each fiscal year, the head of each executive department of the United States Government shall apportion among the major organizational units of the department the maximum amount to be expended by each unit during the fiscal year out of each contingent fund appropriated for the entire year for the department. Each amount may be changed during the fiscal year only by written direction of the head of the department. The direction shall state the reasons for the change.
(d) An appropriation apportioned under this subchapter may be divided and subdivided administratively within the limits of the apportionment.
(e) This section does not affect the initiation and operation of agricultural price support programs.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 930.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1513(a)31:665(d)(1).R.S. § 3679(d)(1), (2)(1st4th sentences, 6th sentence 1st22d words), (g)(1st sentence); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 766, 767; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085; Jan. 3, 1975, Pub. L. 93618, § 175(a)(2), 88 Stat. 2011. 1513(b)31:665(d)(2)(1st4th sentences). 1513(c)31:669(words before semicolon).Aug. 23, 1912, ch. 350, § 6(words before semicolon), 37 Stat. 414. 1513(d)31:665(g)(1st sentence). 1513(e)31:665(d)(2)(6th sentence 1st22d words). In the section, the word “apportion” is substituted for “apportionment or reapportionment” because of section 1512(a)(last sentence) of the revised title. In subsection (a), before clause (1), the word “official” is substituted for “officer” for consistency in the revised title. The words “judicial branch” are substituted for “judiciary”, and the words “District of Columbia government” are substituted for “District of Columbia”, for consistency. In subsection (b), the word “President” is substituted for “Director of the Office of Management and Budget”, “Office of Management and Budget”, and “Director” because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 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. In subsection (b)(1), the words “(except the Commission)” are added because the International Trade Commission is covered specifically by the source provisions restated in subsection (a). In subsection (b)(2), the words “head of the executive agency” are substituted for “agency” as being more precise and because of section 102 of the revised title. In subsection (c), the words “In addition to the apportionment required by section 665 of this title” are omitted as unnecessary because of the restatement. The words “By the first day” are substituted for “on or before the beginning”, and the words “of the United States Government” are added, for clarity. The words “major organizational unit” are substituted for “office or bureau” for consistency in the revised section. The word “changed” is substituted for “increased or diminished” to eliminate unnecessary words. In subsection (e), the words “initiation and operation” are substituted for “initiation, operation, and administration” to eliminate unnecessary words.
Statutory Notes and Related Subsidiaries
Automated System for Posting Appropriation Apportionment DocumentsPub. L. 117328, div. E, title II, § 204, Dec. 29, 2022, 136 Stat. 4667, provided that: “In fiscal year 2023 and each fiscal year thereafter—(1) the Office of Management and Budget shall operate and maintain the automated system required to be implemented by section 204 of the Financial Services and General Government Appropriations Act, 2022 (division E of Public Law 117103) [see section 204(b) set out below] and shall continue to post each document apportioning an appropriation, pursuant to section 1513(b) of title 31, United States Code, including any associated footnotes, in a format that qualifies each such document as an open Government data asset (as that term is defined in section 3502 of title 44, United States Code); and (2) the requirements specified in subsection (c), the first and second provisos of subsection (d)(1), and subsection (d)(2) of such section 204 [136 Stat. 257] shall continue to apply.” Pub. L. 117103, div. E, title II, § 204, Mar. 15, 2022, 136 Stat. 256, provided that: “(a) Beginning not later than 10 days after the date of enactment of this Act [Mar, 15, 2022] and until the requirements of subsection (b) are completed, the Office of Management and Budget shall provide to the Committees on Appropriations and the Budget of the House of Representatives and the Senate each document apportioning an appropriation, pursuant to section 1513(b) of title 31, United States Code, approved by the Office of Management and Budget, including any associated footnotes, not later than 2 business days after the date of approval of such apportionment by the Office of Management and Budget. “(b) Not later than 120 days after the date of enactment of this Act, the Office of Management and Budget shall complete implementation of an automated system to post each document apportioning an appropriation, pursuant to section 1513(b) of title 31, United States Code, including any associated footnotes, in a format that qualifies each such document as an Open Government Data Asset (as defined in section 3502 of title 44, United States Code), not later than 2 business days after the date of approval of such apportionment, and shall place on such website each document apportioning an appropriation, pursuant to such section 1513(b), including any associated footnotes, already approved the current fiscal year, and shall report the date of completion of such requirements to the Committees on Appropriations and the Budget of the House of Representatives and Senate. “(c) Each document apportioning an appropriation pursuant to section 1513(b) of title 31, United States Code, that is posted on a publicly accessible website pursuant to such section shall also include a written explanation by the official approving each such apportionment stating the rationale for any footnotes for apportioned amounts: Provided, That the Office of Management and Budget or the applicable department or agency shall make available classified documentation referenced in any apportionment at the request of the chair or ranking member of any appropriate congressional committee or subcommittee. “(d)(1) Not later than 15 days after the date of enactment of this Act, any delegation of apportionment authority pursuant to section 1513(b) of title 31, United States Code, that is in effect as of such date shall be submitted for publication in the Federal Register: Provided, That any delegation of such apportionment authority after the date of enactment of this section shall, on the date of such delegation, be submitted for publication in the Federal Register: Provided further, That the Office of Management and Budget shall publish such delegations in a format that qualifies such publications as an Open Government Data Asset (as defined in section 3502 of title 44, United States Code) on a public Internet website, which shall be continuously updated with the position of each Federal officer or employee to whom apportionment authority has been delegated. “(2) Not later than 5 days after any change in the position of the approving official with respect to such delegated apportionment authority for any account is made, the Office shall submit a report to the appropriate congressional committees explaining why such change was made.”
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# 31 U.S.C. § 1514 - Administrative division of apportionments
## Text
(a) The official having administrative control of an appropriation available to the legislative branch, the judicial branch, the United States International Trade Commission, or the District of Columbia government, and, subject to the approval of the President, the head of each executive agency (except the Commission) shall prescribe by regulation a system of administrative control not inconsistent with accounting procedures prescribed under law. The system shall be designed to—
(1) restrict obligations or expenditures from each appropriation to the amount of apportionments or reapportionments of the appropriation; and
(2) enable the official or the head of the executive agency to fix responsibility for an obligation or expenditure exceeding an apportionment or reapportionment.
(b) To have a simplified system for administratively dividing appropriations, the head of each executive agency (except the Commission) shall work toward the objective of financing each operating unit, at the highest practical level, from not more than one administrative division for each appropriation affecting the unit.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 930.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1514(a)31:665(g)(2d sentence).R.S. § 3679(g)(2d sentence); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 767; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085; Jan. 3, 1975, Pub. L. 93618, § 175(a)(2), 88 Stat. 2011. 1514(b)31:665(g)(last sentence).R.S. § 3679(g)(last sentence); added Aug. 1, 1956, ch. 814, § 3, 70 Stat. 783. In the section, the words “(except the Commission)” are added because the International Trade Commission is covered specifically by the source provisions restated in this section. In subsection (a), the word “official” is substituted for “officer” for consistency in the revised title. The words “judicial branch” are substituted for “judiciary”, and the words “District of Columbia government” are substituted for “District of Columbia”, for consistency. The word “President” is substituted for “Director of the Office of Management and Budget” because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 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. In subsection (b), the words “dividing” and “division” are substituted for “subdivision” for consistency in the revised section. The word “appropriations” is substituted for “appropriations or funds” because of the definition of “appropriation” in section 1511 of the revised title.
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# 31 U.S.C. § 1515 - Authorized apportionments necessitating deficiency or supplemental appropriations
## Text
(a) An appropriation required to be apportioned under section 1512 of this title may be apportioned on a basis that indicates the need for a deficiency or supplemental appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees (including prevailing rate employees whose pay is fixed and adjusted under subchapter IV of chapter 53 of title 5) and to retired and active military personnel.
(b) (1) Except as provided in subsection (a) of this section, an official may make, and the head of an executive agency may request, an apportionment under section 1512 of this title that would indicate a necessity for a deficiency or supplemental appropriation only when the official or agency head decides that the action is required because of—
(A) a law enacted after submission to Congress of the estimates for an appropriation that requires an expenditure beyond administrative control; or
(B) an emergency involving the safety of human life, the protection of property, or the immediate welfare of individuals when an appropriation that would allow the United States Government to pay, or contribute to, amounts required to be paid to individuals in specific amounts fixed by law or under formulas prescribed by law, is insufficient.
(2) If an official making an apportionment decides that an apportionment would indicate a necessity for a deficiency or supplemental appropriation, the official shall submit immediately a detailed report of the facts to Congress. The report shall be referred to in submitting a proposed deficiency or supplemental appropriation.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 931; Pub. L. 100202, § 105, Dec. 22, 1987, 101 Stat. 1329433.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1515(a)31:665a.June 5, 1957, Pub. L. 8548, § 210, 71 Stat. 55. 1515(b)(1)31:665(e)(1).R.S. § 3679(e)(1); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 767; restated Aug. 28, 1957, Pub. L. 85170, § 1401, 71 Stat. 440. 1515(b)(2)31:665(e)(2).R.S. § 3679(e)(2); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 767. In subsection (a), the words “On and after June 5, 1957” are omitted as executed. The words “deficiency or supplemental appropriation” are substituted for “supplemental or deficiency estimate of appropriation” for consistency with chapter 11 of the revised title. The words “prevailing rate employees whose pay is fixed and adjusted under subchapter IV of chapter 53 of title 5” are substituted for “those employees (commonly known as wage-board employees) whose compensation is fixed and adjusted from time to time in accordance with prevailing rates (5 U.S.C. 5102(c)(7), 5341 et seq.)” for consistency with title 5. In subsection (b), the word “apportionment” is substituted for “apportionment or reapportionment” because of section 1512(a)(last sentence) of the revised title. In subsection (b)(1), before clause (A), the words “Except as provided in subsection (a) of this section” are added because of the restatement. The word “appropriation” is substituted for “estimate” for consistency in the revised section. The words “is insufficient” are added for clarity. In subsection (b)(2), the words “proposed deficiency or supplemental appropriation” are substituted for “deficiency or supplemental estimates” for consistency with chapter 11 of the revised title.
Editorial Notes
Amendments1987—Subsec. (a). Pub. L. 100202 added subsec. (a) and struck out former subsec. (a) which read as follows: “An appropriation required to be apportioned under section 1512 of this title may be apportioned on a basis that indicates a necessity for a deficiency or supplemental appropriation to the extent necessary to permit payment of pay increases for prevailing rate employees whose pay is fixed and adjusted under subchapter IV of chapter 53 of title 5.”
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# 31 U.S.C. § 1516 - Exemptions
## Text
An official designated in section 1513 of this title to make apportionments may exempt from apportionment—
(1) a trust fund or working fund if an expenditure from the fund has no significant effect on the financial operations of the United States Government;
(2) a working capital fund or a revolving fund established for intragovernmental operations;
(3) receipts from industrial and power operations available under law; and
(4) appropriations made specifically for—
(A) interest on, or retirement of, the public debt;
(B) payment of claims, judgments, refunds, and drawbacks;
(C) items the President decides are of a confidential nature;
(D) payment under a law requiring payment of the total amount of the appropriation to a designated payee; and
(E) grants to the States under the Social Security Act (42 U.S.C. 301 et seq.).
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 931.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 151631:665(f)(1).R.S. § 3679(f)(1); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 767. In the section, before clause (1), the word “apportionments” is substituted for “apportionments and reapportionments” because of section 1512(a)(last sentence) of the revised title. In subclause (D), the word “law” is substituted for “private relief acts or other laws” to eliminate unnecessary words.
Editorial Notes
References in TextThe Social Security Act, referred to in par. (4)(E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
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# 31 U.S.C. § 1517 - Prohibited obligations and expenditures
## Text
(a) An officer or employee of the United States Government or of the District of Columbia government may not make or authorize an expenditure or obligation exceeding—
(1) an apportionment; or
(2) the amount permitted by regulations prescribed under section 1514(a) of this title.
(b) If an officer or employee of an executive agency or of the District of Columbia government violates subsection (a) of this section, the head of the executive agency or the Mayor of the District of Columbia, as the case may be, shall report immediately to the President and Congress all relevant facts and a statement of actions taken. A copy of each report shall also be transmitted to the Comptroller General on the same date the report is transmitted to the President and Congress.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 932; Pub. L. 108447, div. G, title I, § 1401(b), Dec. 8, 2004, 118 Stat. 3192.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1517(a)31:665(h).R.S. § 3679(h), (i)(2)(related to (h)); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 768. 1517(b)31:665(i)(2)(related to (h)). In subsection (a), before clause (1), the words “District of Columbia government” are added because of section 9 of the Act of June 26, 1912 (ch. 182, 37 Stat. 184). In clause (1), the word “apportionment” is substituted for “apportionment or reapportionment” because of section 1512(a)(last sentence) of the revised title. In subsection (b), 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. 93198, 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.
Editorial Notes
Amendments2004—Subsec. (b). Pub. L. 108447 inserted at end “A copy of each report shall also be transmitted to the Comptroller General on the same date the report is transmitted to the President and Congress.”
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# 31 U.S.C. § 1518 - Adverse personnel actions
## Text
An officer or employee of the United States Government or of the District of Columbia government violating section 1517(a) of this title shall be subject to appropriate administrative discipline including, when circumstances warrant, suspension from duty without pay or removal from office.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 932.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 151831:665(i)(1)(words before semicolon related to (h)).R.S. § 3679(i)(1)(words before semicolon related to (h)); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 768. The words “In addition to any penalty or liability under other law” are omitted as surplus. The words “District of Columbia government” are added because of section 9 of the Act of June 26, 1912 (ch. 182, 37 Stat. 184).
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# 31 U.S.C. § 1519 - Criminal penalty
## Text
An officer or employee of the United States Government or of the District of Columbia government knowingly and willfully violating section 1517(a) of this title shall be fined not more than $5,000, imprisoned for not more than 2 years, or both.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 932.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 151931:665(i)(1)(words after semicolon related to (h)).R.S. § 3679(i)(1)(words after semicolon related to (h)); Mar. 3, 1905, ch. 1484, § 4(1st par.), 33 Stat. 1257; Feb. 27, 1906, ch. 510, § 3, 34 Stat. 48; restated Sept. 6, 1950, ch. 896, § 1211, 64 Stat. 768. The words “District of Columbia government” are added because of section 9 of the Act of June 26, 1912 (ch. 182, 37 Stat. 184).
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# 31 U.S.C. § 1531 - Transfers of functions and activities
## Text
(a) The balance of an appropriation available and necessary to finance or discharge a function or activity transferred or assigned under law within an executive agency or from one executive agency to another may be transferred to and used—
(1) by the organizational unit or agency to which the function or activity was transferred or assigned; and
(2) for a purpose for which the appropriation was originally available.
(b) The head of the executive agency determines the amount that, with the approval of the President, is necessary to be transferred when the transfer or assignment of the function or activity is within the agency. The President determines the amount necessary to be transferred when the transfer or assignment of the function or activity is from one executive agency to another.
(c) A balance transferred under this section is—
(1) credited to an applicable existing or new appropriation account;
(2) merged with the amount in an account to which the balance is credited; and
(3) with the amount with which the balance is merged, accounted for as one amount.
(d) New appropriation accounts may be established to carry out subsection (c)(1) of this section.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 932.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1531(a), (b)31:581c(a)(1st sentence), (b)(1st sentence).Sept. 12, 1950, ch. 946, § 202, 64 Stat. 838. 1531(c), (d)31:581c(a)(last sentence), (b)(last sentence). In subsections (a) and (b), the defined term “executive agency” in section 102 of the revised title is substituted for “department or establishment” for consistency and clarity. In subsection (a), the words “organizational unit or agency” are substituted for “agency”, and the word “appropriation” is substituted for “said funds”, for consistency and clarity. Subsection (d) is substituted for “which are hereby authorized to be established” because of the restatement.
Statutory Notes and Related Subsidiaries
Prohibition on Transfer of Funds to Other Departments and AgenciesPub. L. 101189, div. A, title XVI, § 1604, Nov. 29, 1989, 103 Stat. 1598, provided that funds available for military functions of Department of Defense could not be made available to any other department or agency of Federal Government pursuant to a provision of law enacted after Nov. 29, 1989, unless, not less than 30 days before such funds were made available to such other department or agency, Secretary of Defense submitted to congressional defense committees a report describing effect on military preparedness of making such funds available to such department or agency, prior to repeal and restatement in section 2215 of Title 10, Armed Forces, by Pub. L. 103160, div. A, title XI, § 1106(a)(1), (b), Nov. 30, 1993, 107 Stat. 1750.
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# 31 U.S.C. § 1532 - Withdrawal and credit
## Text
An amount available under law may be withdrawn from one appropriation account and credited to another or to a working fund only when authorized by law. Except as specifically provided by law, an amount authorized to be withdrawn and credited is available for the same purpose and subject to the same limitations provided by the law appropriating the amount. A withdrawal and credit is made by check and without a warrant.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 933.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 153231:6281.Sept. 6, 1950, ch. 896, § 1210(less last proviso), 64 Stat. 765. The word “limitations” is substituted for “limitations, conditions, and restrictions” to eliminate un­necessary words.
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# 31 U.S.C. § 1533 - Transfers of appropriations for salaries and expenses to carry out national defense responsibilities
## Text
An appropriation of an executive agency for salaries and expenses is available to carry out national defense responsibilities assigned to the agency under law. A transfer necessary to carry out this section may be made between appropriations or allocations within the executive agency. An allocation may not be made to an executive agency that can carry out with its regular personnel a defense activity assigned to it by using the authority of this section to re­align its regular programs.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 933.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 153331:697.June 2, 1951, ch. 121, ch. XI(proviso immediately before heading “Independent Offices”), 65 Stat. 61. The words “executive agency” are substituted for “department, agency, or corporation, in the executive branch of the Government” because of section 102 of the revised title. The words “authority of this section” are substituted for “foregoing authority” for clarity.
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# 31 U.S.C. § 1534 - Adjustments between appropriations
## Text
(a) An appropriation available to an agency may be charged at any time during a fiscal year for the benefit of another appropriation available to the agency to pay costs—
(1) when amounts are available in both the appropriation to be charged and the appropriation to be benefited; and
(2) subject to limitations applicable to the appropriations.
(b) Amounts paid under this section are charged on a final basis during, or as of the close of, the fiscal year to the appropriation benefited. The appropriation charged under subsection (a) of this section shall be appropriately credited.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 933.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1534(a)31:628a(1st sentence).June 29, 1966, Pub. L. 89473, § 1, 80 Stat. 221. 1534(b)31:628a(last sentence). In subsection (a), the words “Subject to limitations applicable with respect to each appropriation concerned” are omitted as surplus. The words “or any bureau or office thereof” are omitted as being included in “agency”. The words “to pay costs” are substituted for “for the purpose of financing the procurement of materials and services, or financing other costs” to eliminate unnecessary words. In subsection (b), the words “amounts paid under this section” are substituted for “such expenses so financed”, and the words “appropriations charged under subsection (a) of this section” are substituted for “financing appropriation”, for clarity.
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# 31 U.S.C. § 1536 - Crediting payments from purchases between executive agencies
## Text
(a) An advance payment made on an order under section 1535 of this title is credited to a special working fund that the Secretary of the Treasury considers necessary to be established. Except as provided in this section, any other payment is credited to the appropriation or fund against which charges were made to fill the order.
(b) An amount paid under section 1535 of this title may be expended in providing goods or services or for a purpose specified for the appropriation or fund credited. Where goods are provided from stocks on hand, the amount received in payment is credited so as to be available to replace the goods unless—
(1) another law authorizes the amount to be credited to some other appropriation or fund; or
(2) the head of the executive agency filling the order decides that replacement is not necessary, in which case, the amount received is deposited in the Treasury as miscellaneous receipts.
(c) This section does not affect other laws about working funds.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 934.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1536(a)31:686(b)(1st, 2d sentences).May 21, 1920, ch. 194, § 7(b), 41 Stat. 613; restated June 30, 1932, ch. 314, § 601, 47 Stat. 418. 1536(b)31:686(b)(3d, last sentences). 1536(c)31:686b(c)(related to 31:686).June 30, 1932, ch. 314, § 602(c)(related to § 601), 47 Stat. 418. In subsection (b), the words “providing goods or services” are substituted for “furnishing the materials, supplies, or equipment, or in performing the work or services” to eliminate unnecessary words.
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# 31 U.S.C. § 1537 - Services between the United States Government and the District of Columbia government
## Text
(a) To prevent duplication and to promote efficiency and economy, an officer or employee of—
(1) the United States Government may provide services to the District of Columbia government; and
(2) the District of Columbia government may provide services to the United States Government.
(b) (1) Services under this section shall be provided under an agreement—
(A) negotiated by officers and employees of the 2 governments; and
(B) approved by the Director of the Office of Management and Budget and the Mayor of the District of Columbia.
(2) Each agreement shall provide that the cost of providing the services shall be borne in the way provided in subsection (c) of this section by the government to which the services are provided at rates or charges based on the actual cost of providing the services.
(3) To carry out an agreement made under this subsection, the agreement may provide for the delegation of duties and powers of officers and employees of—
(A) the District of Columbia government to officers and employees of the United States Government; and
(B) the United States Government to officers and employees of the District of Columbia government.
(c) In providing services under an agreement made under subsection (b) of this section—
(1) costs incurred by the United States Government may be paid from appropriations available to the District of Columbia government officer or employee to whom the services were provided; and
(2) costs incurred by the District of Columbia government may be paid from amounts available to the United States Government officer or employee to whom the services were provided.
(d) When requested by the Director of the United States Secret Service, the Chief of the Metropolitan Police shall assist the Secret Service and the Secret Service Uniformed Division on a non-reimbursable basis in carrying out their protective duties under sections 3056 and 3056A of title 18.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 934; Pub. L. 109177, title VI, § 605(d)(1), Mar. 9, 2006, 120 Stat. 255.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1537(a)31:685a(a)(1st sentence).Dec. 24, 1973, Pub. L. 93198, § 731, 87 Stat. 822. 1537(b)31:685a(a)(2d, last sentences), (b). 1537(c)31:685a(c)(less last sentence words after last comma). 1537(d)31:685a(c)(last sentence words after last comma). In the section, the words “District of Columbia” are substituted for “District” for clarity and consistency. In subsection (a), the word “duplication” is substituted for “duplication of effort” to eliminate unnecessary words. The words “officer or employee of the United States Government” are substituted for “any Federal officer or agency”, and the words “officer or employee of the District of Columbia government” are substituted for “any District officer or agency”, for consistency. In subsection (b)(1), before clause (A), the words “Except where the terms and conditions governing the furnishing of such services are prescribed by other provisions of law” are omitted as surplus. In clause (A), the words “officers and employees of the 2 governments” are substituted for “Federal and District authorities” for consistency. In clause (B), the words “of the District of Columbia” are added for clarity. In subsection (b)(3), before clause (A), the words “duties and powers” are substituted for “functions” for consistency in the revised title and with other titles of the United States Code. The text of 31:685a(b)(last sentence) is omitted as surplus. In subsection (c)(1), the words “United States Government” are substituted for “each Federal officer and agency” for clarity. In subsection (c)(2), the words “District of Columbia government” are substituted for “each District officer and agency” for consistency.
Editorial Notes
Amendments2006—Subsec. (d). Pub. L. 109177 substituted “and the Secret Service Uniformed Division” for “and the Executive Protective Service” and “their protective duties under sections 3056 and 3056A of title 18” for “their protective duties under section 302 of title 3 and section 3056 of title 18”.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 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.
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# 31 U.S.C. § 1552 - Procedure for appropriation accounts available for definite periods
## Text
(a) On September 30th of the 5th fiscal year after the period of availability for obligation of a fixed appropriation account ends, the account shall be closed and any remaining balance (whether obligated or unobligated) in the account shall be canceled and thereafter shall not be available for obligation or expenditure for any purpose.
(b) Collections authorized or required to be credited to an appropriation account, but not received before closing of the account under subsection (a) or under section 1555 of this title shall be deposited in the Treasury as miscellaneous receipts.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 935; Pub. L. 101510, div. A, title XIV, § 1405(a)(1), Nov. 5, 1990, 104 Stat. 1676.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1552(a)31:701(a)(1).July 25, 1956, ch. 727, § 1(a)(1), 70 Stat. 647; restated July 12, 1974, Pub. L. 93344, § 503(a), 88 Stat. 321. 31:701(a)(2).July 25, 1956, ch. 727, § 1(a)(2), 70 Stat. 648; June 29, 1960, Pub. L. 86533, § 1(25), 74 Stat. 249. 31:701(b).July 25, 1956, ch. 727, § 1(b), 70 Stat. 648; restated July 12, 1974, Pub. L. 93344, § 503(b), 88 Stat. 322; Apr. 21, 1976, Pub. L. 94273, § 45, 90 Stat. 382. 1552(b)31:701(c)(last sentence).July 25, 1956, ch. 727, §§ 1(c)(last sentence), (d), 5, 70 Stat. 648, 649. 1552(c)31:701(d). 1552(d)31:705. In subsection (a), the text of 31:701(b)(1)(A) and (2)(A) and the words “for the period commencing on July 1, 1976, and ending on September 30, 1976, and for any fiscal year commencing on or after October 1, 1976” are omitted as executed. In subsection (a)(1), the words “period of availability ends” are substituted for “that period or the fiscal year or years, as the case may be, for which the appropriation is available for obligation” to eliminate unnecessary words. In subsection (a)(2), the words “reverts to the Treasury” are substituted for “if the appropriation was derived in whole or in part from the general fund, shall revert to such fund” to eliminate unnecessary words. In subsection (b), the words “not received before” are substituted for “not received until after” for clarity. The words “unless otherwise authorized by law” are omitted as surplus. The words “Comptroller General” are substituted for “General Accounting Office” for consistency. In subsection (c), the text of 31:701(d)(last sentence) is omitted as executed. In subsection (d), before clause (1), the word “heading” is substituted for “heads” for clarity and consistency.
Editorial Notes
Amendments1990—Pub. L. 101510 amended text generally, revising and restating former subsecs. (a) to (d) as subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101510 applicable to any appropriation account the obligated balance of which, on Nov. 5, 1990, has not been transferred under subsec. (a)(1) of this section, as in effect Nov. 4, 1990, with transitional provisions, see section 1405(b) of Pub. L. 101510, set out as a note under section 1551 of this title.
Audit of Obligated Balances of Department of DefensePub. L. 101510, div. A, title XIV, § 1406, Nov. 5, 1990, 104 Stat. 1680, required the Secretary of Defense to provide for an audit of each account of the Department of Defense established under subsec. (a)(1) of this section, as in effect on the day before Nov. 5, 1990, and to provide Congress with a final report on the audit by Dec. 31, 1991.
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# 31 U.S.C. § 1553 - Availability of appropriation accounts to pay obligations
## Text
(a) After the end of the period of availability for obligation of a fixed appropriation account and before the closing of that account under section 1552(a) of this title, the account shall retain its fiscal-year identity and remain available for recording, adjusting, and liquidating obligations properly chargeable to that account.
(b) (1) Subject to the provisions of paragraph (2), after the closing of an account under section 1552(a) or 1555 of this title, obligations and adjustments to obligations that would have been properly chargeable to that account, both as to purpose and in amount, before closing and that are not otherwise chargeable to any current appropriation account of the agency may be charged to any current appropriation account of the agency available for the same purpose.
(2) The total amount of charges to an account under paragraph (1) may not exceed an amount equal to 1 percent of the total appropriations for that account.
(c) (1) In the case of a fixed appropriation account with respect to which the period of availability for obligation has ended, if an obligation of funds from that account to provide funds for a program, project, or activity to cover amounts required for contract changes would cause the total amount of obligations from that appropriation during a fiscal year for contract changes for that program, project, or activity to exceed $4,000,000, the obligation may only be made if the obligation is approved by the head of the agency (or an officer of the agency within the Office of the head of the agency to whom the head of the agency has delegated the authority to approve such an obligation).
(2) In the case of a fixed appropriation account with respect to which the period of availability for obligation has ended, if an obligation of funds from that account to provide funds for a program, project, or activity to cover amounts required for contract changes would cause the total amount obligated from that appropriation during a fiscal year for that program, project, or activity to exceed $25,000,000, the obligation may not be made until—
(A) the head of the agency submits to the appropriate authorizing committees of Congress and the Committees on Appropriations of the Senate and the House of Representatives a notice in writing of the intent to obligate such funds, together with a description of the legal basis for the proposed obligation and the policy reasons for the proposed obligation; and
(B) a period of 30 days has elapsed after the notice is submitted.
(3) In this subsection, the term “contract change” means a change to a contract under which the contractor is required to perform additional work. Such term does not include adjustments to pay claims or increases under an escalation clause.
(d) (1) Obligations under this section may be paid without prior action of the Comptroller General.
(2) This subchapter does not—
(A) relieve the Comptroller General of the duty to make decisions requested under law; or
(B) affect the authority of the Comptroller General to settle claims and accounts.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 936; Pub. L. 101510, div. A, title XIV, § 1405(a)(1), Nov. 5, 1990, 104 Stat. 1676.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1553(a)31:702(1st sentence).July 25, 1956, ch. 727, § 2, 70 Stat. 648. 1553(b)31:702(last sentence). In subsection (a), the word “separately” is substituted for “as one fund” for clarity. The words “remains available until expended” are substituted for “shall be available without fiscal year limitation” for consistency in the revised title. In subsection (b), the words “Comptroller General” are substituted for “Comptroller General of the United States” and “General Accounting Office” for consistency. The words “affect the authority” are substituted for “abridge the existing authority” to eliminate unnecessary words. The words “settle claims and accounts” are substituted for “settle and adjust claims, demands, and accounts” for consistency with chapter 35 of the revised title.
Editorial Notes
Amendments1990—Pub. L. 101510 amended text generally. Prior to amendment, text read as follows: “(a) Each appropriation account established under section 1552 of this title is accounted for separately and remains available until expended to pay obligations chargeable against any appropriation from which the account is derived. “(b) Under regulations prescribed by the Comptroller General, obligations under subsection (a) of this section may be paid without prior action of the Comptroller General. However, this subchapter does not— “(1) relieve the Comptroller General of the duty to make decisions requested under law; or “(2) affect the authority of the Comptroller General to settle claims and accounts.”
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101510 applicable to any appropriation account the obligated balance of which, on Nov. 5, 1990, has not been transferred under section 1552(a)(1) of this title, as in effect Nov. 4, 1990, with transitional provisions, see section 1405(b) of Pub. L. 101510, set out as a note under section 1551 of this title.
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# 31 U.S.C. § 1554 - Audit, control, and reporting
## Text
(a) Any audit requirement, limitation on obligations, or reporting requirement that is applicable to an appropriation account shall remain applicable to that account after the end of the period of availability for obligation of that account.
(b) (1) After the close of each fiscal year, the head of each agency shall submit to the President and the Secretary of the Treasury a report regarding the unliquidated obligations, unobligated balances, canceled balances, and adjustments made to appropriation accounts of that agency during the completed fiscal year. The report shall be submitted no later than 15 days after the date on which the Presidents budget for the next fiscal year is submitted to Congress under section 1105 of this title.
(2) Each report required by this subsection shall—
(A) provide a description, with reference to the fiscal year of appropriations, of the amount in each account, its source, and an itemization of the appropriations accounts;
(B) describe all current and expired appropriations accounts;
(C) describe any payments made under section 1553 of this title;
(D) describe any adjustment of obligations during that fiscal year pursuant to section 1553 of this title;
(E) contain a certification by the head of the agency that the obligated balances in each appropriation account of the agency reflect proper existing obligations and that expenditures from the account since the preceding review were supported by a proper obligation of funds and otherwise were proper;
(F) describe all balances canceled under sections 1552 and 1555 of this title.
(3) The head of each Federal agency shall provide a copy of each such report to the Speaker of the House of Representatives and the Committee on Appropriations, the Committee on Governmental Affairs, and other appropriate oversight and authorizing committees of the Senate.
(c) The head of each agency shall establish internal controls to assure that an adequate review of obligated balances is performed to support the certification required by section 1108(c) of this title.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 936; Pub. L. 101510, div. A, title XIV, § 1405(a)(1), Nov. 5, 1990, 104 Stat. 1677; Pub. L. 102190, div. A, title X, § 1004(b), Dec. 5, 1991, 105 Stat. 1457.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1554(a)31:703(a)(1st, 2d sentences, last sentence proviso).July 25, 1956, ch. 727, § 3(a), 70 Stat. 649; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085; Apr. 21, 1976, Pub. L. 94273, § 8(1), 90 Stat. 378. 1554(b)31:703(a)(3d sentence, last sentence less proviso). In subsection (a), the words “head of the agency” are substituted for “agency concerned” for consistency. The word “President” is substituted for “Director of the Office of Management and Budget” because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 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. In subsection (b), the words “withdrawal or restoration” are substituted for “transactions” the first time it appears.
Editorial Notes
Amendments1991—Subsecs. (c), (d). Pub. L. 102190 redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “(1) The Director of the Congressional Budget Office shall estimate each year the effect on the Federal deficit of payments and adjustments made with respect to sections 1552 and 1553 of this title. Such estimate shall be made separately for accounts of each agency. “(2) The Director shall include in the annual report of the Director to the Committees on the Budget of the Senate and House of Representatives under paragraph (1) of section 202(f) of the Congressional Budget Act of 1974 a statement of the estimates made pursuant to paragraph (1) of this subsection during the preceding year (including any revisions to estimates contained in earlier reports under such paragraph). The Director shall include in any report under paragraph (2) of that section any revisions to such estimates made since the most recent report under paragraph (1) of such section.” 1990—Pub. L. 101510 substituted “Audit, control, and reporting” for “Review of appropriation accounts” in section catchline and amended text generally, substituting subsecs. (a) to (d) for former subsecs. (a) and (b) which required the head of each agency to annually review each appropriation account established by the agency under section 1552 of this title.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101510 applicable to any appropriation account the obligated balance of which, on Nov. 5, 1990, has not been transferred under section 1552(a)(1) of this title, as in effect Nov. 4, 1990, with transitional provisions, see section 1405(b) of Pub. L. 101510, set out as a note under section 1551 of this title.
Reporting Requirement Regarding Effect of Certain Payments and Adjustments on Federal DeficitPub. L. 102190, div. A, title X, § 1004(a), Dec. 5, 1991, 105 Stat. 1457, provided that: “At the same time that the President submits to Congress the budget for each of fiscal years 1993, 1994, 1995, and 1996 under section 1105 of title 31, United States Code, the Director of the Office of Management and Budget shall submit to Congress a report regarding the effect on the Federal deficit of payments and adjustments made with respect to sections 1552 and 1553 of such title for the fiscal year in which such budget is submitted, the fiscal year preceding that fiscal year, and the fiscal year covered by that budget. The report shall include separate estimates for the accounts of each agency.”
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# 31 U.S.C. § 1555 - Closing of appropriation accounts available for indefinite periods
## Text
An appropriation account available for obligation for an indefinite period shall be closed, and any remaining balance (whether obligated or unobligated) in that account shall be canceled and thereafter shall not be available for obligation or expenditure for any purpose, if—
(1) the head of the agency concerned or the President determines that the purposes for which the appropriation was made have been carried out; and
(2) no disbursement has been made against the appropriation for two consecutive fiscal years.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101510, div. A, title XIV, § 1405(a)(1), Nov. 5, 1990, 104 Stat. 1678.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1555(a)31:706(less proviso).July 25, 1956, ch. 727, § 6, 70 Stat. 649. 1555(b)31:706(proviso). In subsection (a), the words “indefinite period” are substituted for “not limited to a definite period of time” for consistency in the revised title. The words “consecutive fiscal years” are substituted for “full consecutive fiscal years” to eliminate an unnecessary word. In subsection (b), the words “or were heretofore withdrawn from the appropriation account by administrative action” are omitted as executed.
Editorial Notes
Amendments1990—Pub. L. 101510 substituted “Closing of appropriation accounts available” for “Withdrawal of unobligated balances of appropriations” in section catchline and amended text generally. Prior to amendment, text read as follows: “(a) An unobligated balance of an appropriation for an indefinite period shall be withdrawn in the way provided in section 1552(a)(2) of this title when the head of the agency concerned decides that the purposes for which the appropriation was made have been carried out or when no disbursement is made against the appropriation for 2 consecutive fiscal years. “(b) An amount of an appropriation withdrawn under this section may be restored to the applicable appropriation account to pay obligations and to settle accounts.”
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101510 applicable to any appropriation account the obligated balance of which, on Nov. 5, 1990, has not been transferred under section 1552(a)(1) of this title, as in effect Nov. 4, 1990, with transitional provisions, see section 1405(b) of Pub. L. 101510, set out as a note under section 1551 of this title.
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# 31 U.S.C. § 1556 - Comptroller General: reports on appropriation accounts
## Text
(a) In carrying out audit responsibilities, the Comptroller General shall report on operations under this subchapter to—
(1) the head of the agency concerned;
(2) the Secretary of the Treasury; and
(3) the President.
(b) A report under this section shall include an appraisal of unpaid obligations under fixed appropriation accounts for which the period of availability for obligation has ended.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101510, div. A, title XIV, § 1405(a)(1), Nov. 5, 1990, 104 Stat. 1678.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 1556(a)31:703(b)(1st sentence words before 4th comma).July 25, 1956, ch. 727, § 3(b), 70 Stat. 649; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 1556(b)31:703(b)(1st sentence words after 4th comma, last sentence). In the section, the word “President” is substituted for “Director of the Office of Management and Budget” because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 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.
Editorial Notes
Amendments1990—Pub. L. 101510 substituted “General: reports” for “General reports” in section catchline and amended text generally. Prior to amendment, text read as follows: “(a) In carrying out audit responsibilities, the Comptroller General shall report on operations under this subchapter to— “(1) the head of the agency concerned; “(2) the Secretary of the Treasury; and “(3) the President. “(b) A report under this section shall include an appraisal of unpaid obligations under appropriation accounts established under section 1552 of this title. By the 30th day after receiving a report, the head of the agency concerned shall carry out actions required by section 1554 of this title that the report shows is necessary.”
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101510 applicable to any appropriation account the obligated balance of which, on Nov. 5, 1990, has not been transferred under section 1552(a)(1) of this title, as in effect Nov. 4, 1990, with transitional provisions, see section 1405(b) of Pub. L. 101510, set out as a note under section 1551 of this title.
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# 31 U.S.C. § 1557 - Authority for exemptions in appropriation laws
## Text
A provision of an appropriation law may exempt an appropriation from the provisions of this subchapter and fix the period for which the appropriation remains available for expenditure.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 937; Pub. L. 101510, div. A, title XIV, § 1405(a)(1), Nov. 5, 1990, 104 Stat. 1679.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 155731:708.July 25, 1956, ch. 727, § 9, 70 Stat. 650.
Editorial Notes
Amendments1990—Pub. L. 101510 substituted “Authority for exemptions in appropriation laws” for “Authorization to exempt” in section catchline and amended text generally. Prior to amendment, text read as follows: “A provision of an appropriation law may exempt an appropriation from this subchapter and fix the period for which the appropriation remains available for expenditure.”
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101510 applicable to any appropriation account the obligated balance of which, on Nov. 5, 1990, has not been transferred under section 1552(a)(1) of this title, as in effect Nov. 4, 1990, with transitional provisions, see section 1405(b) of Pub. L. 101510, set out as a note under section 1551 of this title.
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# 31 U.S.C. § 1558 - Availability of funds following resolution of a formal protest or other challenge
## Text
(a) Notwithstanding section 1552 of this title or any other provision of law, funds available to an agency for obligation for a contract at the time a protest or other action referred to in subsection (b) is filed in connection with a solicitation for, proposed award of, or award of such contract shall remain available for obligation for 100 days after the date on which the final ruling is made on the protest or other action. A ruling is considered final on the date on which the time allowed for filing an appeal or request for reconsideration has expired, or the date on which a decision is rendered on such an appeal or request, whichever is later.
(b) Subsection (a) applies with respect to—
(1) any protest filed under subchapter V of chapter 35 of this title; or
(2) an action commenced under administrative procedures or for a judicial remedy if—
(A) the action involves a challenge to—
(i) a solicitation for a contract;
(ii) a proposed award of a contract;
(iii) an award of a contract; or
(iv) the eligibility of an offeror or potential offeror for a contract or of the contractor awarded the contract; and
(B) commencement of the action delays or prevents an executive agency from making an award of a contract or proceeding with a procurement.
(Added Pub. L. 101189, div. A, title VIII, § 813(a), Nov. 29, 1989, 103 Stat. 1494; amended Pub. L. 104106, div. E, title LV, § 5502(a), (b), Feb. 10, 1996, 110 Stat. 698, 699.)
## Notes
Editorial Notes
Amendments1996—Pub. L. 104106, § 5502(b), substituted “of a formal protest or other challenge” for “of a protest” in section catchline. Subsec. (a). Pub. L. 104106, § 5502(a)(1), inserted “or other action referred to in subsection (b)” after “time a protest”, substituted “100 days” for “90 working days”, and inserted “or other action” after “on the protest”. Subsec. (b). Pub. L. 104106, § 5502(a)(2), added subsec. (b) and struck out former subsec. (b) which read as follows: “Subsection (a) applies with respect to any protest filed under subchapter V of chapter 35 of this title or under section 111(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(f)).”
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104106, div. E, title LVII, Feb. 10, 1996, 110 Stat. 702.
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# 31 U.S.C. § 302 - Treasury of the United States
## Text
The United States Government has a Treasury of the United States. The Treasury is in the Department of the Treasury.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 879.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 30231:472.R.S. § 3591. The section is substituted for the source provisions to eliminate unnecessary words and because of subsequent laws and the restatement in the revised title about the authority of the Secretary of the Treasury and coins, currency, accounts, depositaries, and public debt of the United States Government.
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# 31 U.S.C. § 303 - Bureau of Engraving and Printing
## Text
(a) The Bureau of Engraving and Printing is a bureau in the Department of the Treasury.
(b) The head of the Bureau is the Director of the Bureau of Engraving and Printing appointed by the Secretary of the Treasury. The Director—
(1) shall carry out duties and powers prescribed by the Secretary; and
(2) reports directly to the Secretary.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 879.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 30331:171.June 4, 1897, ch. 2, § 1(4th proviso on p. 18), 30 Stat. 18. In subsection (a), the words “a bureau in the Department of the Treasury” are added for clarity and consistency in chapter 3 of the revised title. In subsection (b), the first sentence is substituted for the words before the first comma because of the source provisions restated in section 321(c) of the revised title. Clause (1) is substituted for “subject to the direction of the Secretary of the Treasury” for consistency in the revised title and with other titles of the United States Code. The words “and be responsible” are omitted as being included in “reports directly to” and because of section 301 of the revised title.
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# 31 U.S.C. § 304 - United States Mint
## Text
(a) The United States Mint is a bureau in the Department of the Treasury.
(b) (1) The head of the Mint is the Director of the Mint. The Director is appointed by the President, by and with the advice and consent of the Senate. The term of the Director is 5 years. The President may remove the Director from office. On removal, the President shall send a message to the Senate giving the reasons for removal.
(2) The Director shall carry out duties and powers prescribed by the Secretary of the Treasury.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 879; Pub. L. 102390, title II, § 225(a), (b)(1), (2), Oct. 6, 1992, 106 Stat. 1629.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 304(a)31:251(1st sentence less words after 1st comma).R.S. § 343(less 1st sentence words after 1st comma). 304(b)(1)31:251(2d sentence words before comma, last sentence). 304(b)(2)31:251(2d sentence words after comma). In subsection (b)(1), the word “head” is substituted for “chief officer” in 31:251 for clarity and consistency in the revised title and with other titles of the United States Code. The word “is” is substituted for “shall be denominated” to eliminate unnecessary words. In subsection (b)(2), the words “The Director shall carry out duties and powers prescribed by the Secretary of the Treasury” are substituted for “and shall be under the general direction of the Secretary of the Treasury” for clarity and consistency in the revised title.
Editorial Notes
Amendments1992—Pub. L. 102390, § 225(b)(2), substituted “United States Mint” for “Bureau of the Mint” in section catchline. Subsec. (a). Pub. L. 102390, § 225(a), substituted “United States Mint” for “Bureau of the Mint”. Subsec. (b)(1). Pub. L. 102390, § 225(b)(1), substituted “head of the Mint” for “head of the Bureau”.
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# 31 U.S.C. § 305 - Federal Financing Bank
## Text
The Federal Financing Bank, established under section 4 of the Federal Financing Bank Act of 1973 (12 U.S.C. 2283), is subject to the direction and supervision of the Secretary of the Treasury.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 879.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 305(no source). The section is included to provide in subchapter I of chapter 3 of the revised title a complete list of the organizational units established by law that are in the Department of the Treasury or are subject to the direction and supervision of the Secretary of the Treasury.
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# 31 U.S.C. § 306 - Fiscal Service
## Text
(a) The Fiscal Service is a service in the Department of the Treasury.
(b) The head of the Fiscal Service is the Fiscal Assistant Secretary appointed under section 301(d) of this title.
(c) The Fiscal Service has a—
(1) Bureau of Government Financial Operations, having as its head a Commissioner of Government Financial Operations; and
(2) Bureau of the Public Debt, having as its head a Commissioner of the Public Debt.
(d) The Secretary of the Treasury may designate another officer or employee of the Department to act as the Fiscal Assistant Secretary when the Fiscal Assistant Secretary is absent or unable to serve or when the office of Fiscal Assistant Secretary is vacant.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 879; Pub. L. 108458, title VII, § 7801, Dec. 17, 2004, 118 Stat. 3860.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 3065 App.Reorg. Plan No. 3 of 1940, eff. June 30, 1940, § 1(less (a)(7)(1st sentence), (d)), 54 Stat. 1231. In subsection (a), the word “service” is substituted for “agency” in section 1(a)(1)(words before last comma) of Reorganization Plan No. 3 of 1940 (eff. June 30, 1940, 54 Stat. 1232) for consistency in the revised title. The words related to the organizational units being consolidated into the Fiscal Service are omitted as executed. In subsection (b), the text of section 1(a)(7)(2d sentence) of Reorganization Plan No. 3 of 1940 is omitted because of the source provisions restated in section 301(d) of the revised title. In subsection (c), the words “Office of the Fiscal Assistant Secretary” in section 1(a)(2) of Reorganization Plan No. 3 of 1940 are omitted as unnecessary and for consistency in chapter 3 of the revised title. The words “the Office of the Treasurer of the United States” are omitted because this office is no longer in the Fiscal Service. See Department of the Treasury Order 229 of January 14, 1974 (39 F.R. 2280). The words “Bureau of Government Financial Operations” are substituted for “Bureau of Accounts” because of Treasury Order 229 and appropriation Acts beginning with fiscal year 1975. The text of section 1(a)(2)(last sentence) is omitted as unnecessary because of section 301 of the revised title. The words “Commissioner of Government Financial Operations” are substituted for “Commissioner of Accounts and Deposits” in section 1(a)(3) of the Reorganization Plan because of Treasury Order 229 and appropriation Acts beginning with fiscal year 1975. The words before the last comma are omitted as executed. The words related to the organizational units, in section 1(a)(4) of the Reorganization Plan, that are being consolidated into the Bureau of the Public Debt are omitted as executed. Subsection (d) is substituted for the text of section 1(a)(7)(last sentence) of Reorganization Plan No. 3 of 1940 for consistency in the revised title. The text of section 1(a)(5) and (6), (b), and (c) is omitted as superseded by the source provisions restated in section 321 of the revised title.
Editorial Notes
References in TextThe Bureau of Government Financial Operations, referred to in subsec. (c)(1), is now known as the Financial Management Service and has as its head a Commissioner of the Financial Management Service.
Amendments2004—Subsec. (d). Pub. L. 108458 inserted “or employee” after “another officer”.
Statutory Notes and Related Subsidiaries
Reimbursement of Financial Management Service and Bureau of the Public DebtPub. L. 105277, div. A, § 101(h) [title I], Oct. 21, 1998, 112 Stat. 2681480, 2681486, provided in part: “That notwithstanding any other provisions of law, effective upon enactment [Oct. 21, 1998] and thereafter, the Bureau of the Public Debt shall be fully and directly reimbursed by the funds described in section 104 of Public Law 101136 (103 Stat. 789) [set out below] for costs and services performed by the Bureau in the administration of such funds.” Similar provisions were contained in Pub. L. 10561, title I, Oct. 10, 1997, 111 Stat. 1279. Pub. L. 103329, title I, § 105, Sept. 30, 1994, 108 Stat. 2390, provided that: “Notwithstanding any other provision of law, beginning in fiscal year 1995 and thereafter, the Financial Management Service (FMS) shall be reimbursed, for postage incurred by FMS to make check payments on their behalf, by: the Department of Veterans Affairs, for the mailing of Compensation and Pension benefit payments; the Department of Health and Human Services, for the mailing of Supplemental Security Income payments; and the Office of Personnel Management, for the mailing of Retirement payments. Such reimbursement shall be due beginning with checks mailed on October 1, 1994, and such reimbursement shall occur on a monthly basis.” Pub. L. 102393, title I, § 105, Oct. 6, 1992, 106 Stat. 1737, provided that: “Notwithstanding any other provision of law, beginning October 1, 1992, and thereafter, the Financial Management Service (FMS) shall be reimbursed by the Internal Revenue Service (IRS) and the Department of Agriculture, National Finance Center (NFC), for the postage costs the FMS incurs to make check payments on behalf of the IRS and the NFC.” Pub. L. 101136, title I, § 104, Nov. 3, 1989, 103 Stat. 789, provided that: “Notwithstanding any other provision of law, beginning October 1, 1990, and thereafter, the Financial Management Service shall be fully and directly reimbursed from the Social Security Trust Funds for the costs it incurs in the issuance of Social Security Trust Funds benefit payments, including all physical costs associated with payment preparation and postage costs. Such direct reimbursement shall also be made for all other trust and special funds which are the recipients of services performed by the Financial Management Service and which prior to enactment of this provision [Nov. 3, 1989] reimburse the General Fund of the Treasury for such services.”
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# 31 U.S.C. § 307 - Office of the Comptroller of the Currency
## Text
The Office of the Comptroller of the Currency, established under section 324 of the Revised Statutes (12 U.S.C. 1), is an office in the Department of the Treasury.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 880.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 307(no source). The section is included to provide in subchapter I of chapter 3 of the revised title a complete list of the organizational units established by law that are in the Department of the Treasury or are subject to the direction and supervision of the Secretary of the Treasury. The title “Office of the Comptroller of the Currency” and the word “office” are used to reflect the name that this organizational unit of the Department of the Treasury historically has been given.
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# 31 U.S.C. § 308 - United States Customs Service
## Text
The United States Customs Service, established under section 1 of the Act of March 3, 1927 (19 U.S.C. 2071), is a service in the Department of the Treasury.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 880.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 308(no source). The section is included to provide in subchapter I of chapter 3 of the revised title a complete list of the organizational units established by law that are in the Department of the Treasury or are subject to the direction and supervision of the Secretary of the Treasury.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 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. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Executive Documents
Change of Name Bureau of Customs redesignated United States Customs Service by Treasury Department Order 16523, Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037.
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# 31 U.S.C. § 309 - Office of Thrift Supervision
## Text
The Office of Thrift Supervision established under section 3(a) 11 See References in Text note below. of the Home Owners Loan Act shall be an office in the Department of the Treasury.
(Added Pub. L. 10173, title III, § 307(a)(1), Aug. 9, 1989, 103 Stat. 352; amended Pub. L. 103272, § 4(f)(1)(A), July 5, 1994, 108 Stat. 1361.)
## Notes
Editorial Notes
References in TextSection 3(a) of the Home Owners Loan Act, referred to in text, which established the Office of Thrift Supervision, was classified to section 1462a(a) of Title 12, Banks and Banking, and was struck out by Pub. L. 111203, title III, § 369(3)(B), July 21, 2010, 124 Stat. 1558.
Prior ProvisionsA prior section 309 was renumbered section 315 of this title.
Amendments1994—Pub. L. 103272 substituted “section 3(a)” for “section 2A(a)”.
Statutory Notes and Related Subsidiaries
Transfer of Functions Office of Thrift Supervision abolished and functions transferred to the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency and the Comptroller of the Currency, and the Federal Deposit Insurance Corporation by sections 5412 and 5413 of Title 12, Banks and Banking.
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# 31 U.S.C. § 310 - Financial Crimes Enforcement Network
## Text
(a) In General.— The Financial Crimes Enforcement Network established by order of the Secretary of the Treasury (Treasury Order Numbered 10508, in this section referred to as “FinCEN”) on April 25, 1990, shall be a bureau in the Department of the Treasury.
(b) Director.— (1) Appointment.— The head of FinCEN shall be the Director, who shall be appointed by the Secretary of the Treasury.
(2) Duties and powers.— The duties and powers of the Director are as follows:
(A) Advise and make recommendations on matters relating to financial intelligence, financial criminal activities, and other financial activities to the Under Secretary of the Treasury for Enforcement.
(B) Maintain a government-wide data access service, with access, in accordance with applicable legal requirements, to the following:
(i) Information collected by the Department of the Treasury, including report information filed under subchapter II of chapter 53 of this title (such as reports on cash transactions, foreign financial agency transactions and relationships, foreign currency transactions, exporting and importing monetary instruments, and suspicious activities), chapter 2 of title I of Public Law 91508, and section 21 of the Federal Deposit Insurance Act.
(ii) Information regarding national and international currency flows.
(iii) Other records and data maintained by other Federal, State, local, and foreign agencies, including financial and other records developed in specific cases.
(iv) Other privately and publicly available information.
(C) Analyze and disseminate the available data in accordance with applicable legal requirements and policies and guidelines established by the Secretary of the Treasury and the Under Secretary of the Treasury for Enforcement to—
(i) identify possible criminal activity to appropriate Federal, State, local, Tribal, and foreign law enforcement agencies;
(ii) support ongoing criminal financial investigations and prosecutions and related proceedings, including civil and criminal tax and forfeiture proceedings;
(iii) identify possible instances of noncompliance with subchapter II of chapter 53 of this title, chapter 2 of title I of Public Law 91508, and section 21 of the Federal Deposit Insurance Act to Federal agencies with statutory responsibility for enforcing compliance with such provisions and other appropriate Federal regulatory agencies;
(iv) evaluate and recommend possible uses of special currency reporting requirements under section 5326;
(v) determine emerging trends and methods in money laundering and other financial crimes;
(vi) support the conduct of intelligence or counterintelligence activities, including analysis, to protect against terrorism; and
(vii) support government initiatives against money laundering.
(D) Establish and maintain a financial crimes communications center to furnish law enforcement authorities with intelligence information related to emerging or ongoing investigations and undercover operations.
(E) Furnish research, analytical, and informational services to financial institutions, appropriate Federal regulatory agencies with regard to financial institutions, and appropriate Federal, State, local, Tribal, and foreign law enforcement authorities, in accordance with policies and guidelines established by the Secretary of the Treasury or the Under Secretary of the Treasury for Enforcement, in the interest of detection, prevention, and prosecution of terrorism, organized crime, money laundering, and other financial crimes.
(F) Assist Federal, State, local, Tribal, and foreign law enforcement and regulatory authorities in combatting the use of informal, nonbank networks and payment and barter system mechanisms that permit the transfer of funds or the equivalent of funds without records and without compliance with criminal and tax laws.
(G) Provide computer and data support and data analysis to the Secretary of the Treasury for tracking and controlling foreign assets.
(H) Coordinate with financial intelligence units in other countries on anti-terrorism and anti-money laundering initiatives, and similar efforts.
(I) Administer the requirements of subchapter II of chapter 53 of this title, chapter 2 of title I of Public Law 91508, and section 21 of the Federal Deposit Insurance Act, to the extent delegated such authority by the Secretary of the Treasury.
(J) Promulgate regulations under section 5318(h)(4)(D), as appropriate, to implement the government-wide anti-money laundering and countering the financing of terrorism priorities established by the Secretary of the Treasury under section 5318(h)(4)(A).
(K) Communicate regularly with financial institutions and Federal functional regulators that examine financial institutions for compliance with subchapter II of chapter 53 and regulations promulgated under that subchapter and law enforcement authorities to explain the United States Governments anti-money laundering and countering the financing of terrorism priorities.
(L) Give and receive feedback to and from financial institutions, State bank supervisors, and State credit union supervisors (as those terms are defined in section 6003 of the Anti-Money Laundering Act of 2020) regarding the matters addressed in subchapter II of chapter 53 and regulations promulgated under that subchapter.
(M) Maintain money laundering and terrorist financing investigation financial experts capable of identifying, tracking, and analyzing financial crime networks and identifying emerging threats to support Federal civil and criminal investigations.
(N) Maintain emerging technology experts to encourage the development of and identify emerging technologies that can assist the United States Government or financial institutions in countering money laundering and the financing of terrorism.
(O) Such other duties and powers as the Secretary of the Treasury may delegate or prescribe.
(c) Requirements Relating to Maintenance and Use of Data Banks.— The Secretary of the Treasury shall establish and maintain operating procedures with respect to the government-wide data access service and the financial crimes communications center maintained by FinCEN which provide—
(1) for the coordinated and efficient transmittal of information to, entry of information into, and withdrawal of information from, the data maintenance system maintained by FinCEN, including—
(A) the submission of reports through the Internet or other secure network, whenever possible;
(B) the cataloguing of information in a manner that facilitates rapid retrieval by law enforcement personnel of meaningful data; and
(C) a procedure that provides for a prompt initial review of suspicious activity reports and other reports, or such other means as the Secretary may provide, to identify information that warrants immediate action; and
(2) in accordance with section 552a of title 5 and the Right to Financial Privacy Act of 1978, appropriate standards and guidelines for determining—
(A) who is to be given access to the information maintained by FinCEN;
(B) what limits are to be imposed on the use of such information; and
(C) how information about activities or relationships which involve or are closely associated with the exercise of constitutional rights is to be screened out of the data maintenance system.
(d) FinCEN Exchange.— (1) Establishment.— The FinCEN Exchange is hereby established within FinCEN.
(2) Purpose.— The FinCEN Exchange shall facilitate a voluntary public-private information sharing partnership among law enforcement agencies, national security agencies, financial institutions, other relevant private sector entities, and FinCEN to—
(A) effectively and efficiently combat money laundering, terrorism financing, organized crime, and other financial crimes, including by promoting innovation and technical advances in reporting—
(i) under subchapter II of chapter 53 and the regulations promulgated under that subchapter; and
(ii) with respect to other anti-money laundering requirements;
(B) protect the financial system from illicit use; and
(C) promote national security.
(3) Report.— (A) In general.— Not later than 1 year after the date of enactment of this subsection, and once every 2 years thereafter for the next 5 years, the Secretary of the Treasury shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing—
(i) an analysis of the efforts undertaken by the FinCEN Exchange, which shall include an analysis of—
(I) the results of those efforts; and
(II) the extent and effectiveness of those efforts, including any benefits realized by law enforcement agencies from partnering with financial institutions and other relevant private sector entities, which shall be consistent with standards protecting sensitive information; and
(ii) any legislative, administrative, or other recommendations the Secretary may have to strengthen the efforts of the FinCEN Exchange.
(B) Classified annex.— Each report under subparagraph (A) may include a classified annex.
(4) Information sharing requirement.— Information shared under this subsection shall be shared—
(A) in compliance with all other applicable Federal laws and regulations;
(B) in such a manner as to ensure the appropriate confidentiality of personal information; and
(C) at the discretion of the Director, with the appropriate Federal functional regulator, as defined in section 6003 of the Anti-Money Laundering Act of 2020.
(5) Protection of shared information.— (A) Regulations.— FinCEN shall, as appropriate, promulgate regulations that establish procedures for the protection of information shared and exchanged between FinCEN and the private sector in accordance with this section, consistent with the capacity, size, and nature of the financial institution or other relevant private sector entity to which the particular procedures apply.
(B) Use of information.— (i) Use by financial institutions.— Information received by a financial institution pursuant to this section shall not be used for any purpose other than identifying and reporting on activities that may involve the financing of terrorism, money laundering, proliferation financing, or other financial crimes.
(ii) Use by other relevant private sector entities.— Information received by a relevant private sector entity that is not a financial institution pursuant to this section shall not be used for any purpose other than assisting a financial institution in identifying and reporting on activities that may involve the financing of terrorism, money laundering, proliferation financing, or other financial crimes, or in assisting FinCEN or another agency of the Federal Government in mitigating the risk of the financing of terrorism, money laundering, proliferation financing, or other criminal activities.
(6) Rule of construction.— Nothing in this subsection may be construed to create new information sharing authorities or requirements relating to the Bank Secrecy Act.
(e) Special Hiring Authority.— (1) In general.— The Secretary of the Treasury may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, candidates directly to positions in the competitive service, as defined in section 2102 of that title, in FinCEN.
(2) Primary responsibilities.— The primary responsibility of candidates appointed under paragraph (1) shall be to provide substantive support in support of the duties described in subparagraphs (A) through (O) of subsection (b)(2).
(f) FinCEN Domestic Liaisons.— (1) Establishment of office.— There is established in FinCEN an Office of Domestic Liaison, which shall be headed by the Chief Domestic Liaison.
(2) Location.— The Office of the Domestic Liaison shall be located in the District of Columbia.
(g) Chief Domestic Liaison.— (1) In general.— The Chief Domestic Liaison, shall—
(A) report directly to the Director; and
(B) be appointed by the Director, from among individuals with experience or familiarity with anti-money laundering program examinations, supervision, and enforcement.
(2) Compensation.— The annual rate of pay for the Chief Domestic Liaison shall be equal to the highest rate of annual pay for similarly situated senior executives who report to the Director.
(3) Staff of office.— The Chief Domestic Liaison, with the concurrence of the Director, may retain or employ counsel, research staff, and service staff, as the Liaison determines necessary to carry out the functions, powers, and duties under this subsection.
(4) Domestic liaisons.— The Chief Domestic Liaison, with the concurrence of the Director, shall appoint not fewer than 6 senior FinCEN employees as FinCEN Domestic Liaisons, who shall—
(A) report to the Chief Domestic Liaison;
(B) each be assigned to focus on a specific region of the United States; and
(C) be located at an office in such region or co-located at an office of the Board of Governors of the Federal Reserve System in such region.
(5) Functions of the domestic liaisons.— (A) In general.— Each Domestic Liaison shall—
(i) in coordination with relevant Federal functional regulators, perform outreach to BSA officers at financial institutions, including nonbank financial institutions, and persons that are not financial institutions, especially with respect to actions taken by FinCEN that require specific actions by, or have specific effects on, such institutions or persons, as determined by the Director;
(ii) in accordance with applicable agreements, receive feedback from financial institutions and examiners of Federal functional regulators regarding their examinations under the Bank Secrecy Act and communicate that feedback to FinCEN, the Federal functional regulators, and State bank supervisors;
(iii) promote coordination and consistency of supervisory guidance from FinCEN, the Federal functional regulators, State bank supervisors, and State credit union supervisors regarding the Bank Secrecy Act;
(iv) act as a liaison between financial institutions and their Federal functional regulators, State bank supervisors, and State credit union supervisors with respect to information sharing matters involving the Bank Secrecy Act and regulations promulgated thereunder;
(v) establish safeguards to maintain the confidentiality of communications between the persons described in clause (ii) and the Office of Domestic Liaison;
(vi) to the extent practicable, periodically propose to the Director changes in the regulations, guidance, or orders of FinCEN, including any legislative or administrative changes that may be appropriate to ensure improved coordination and expand information sharing under this paragraph; and
(vii) perform such other duties as the Director determines to be appropriate.
(B) Rule of construction.— Nothing in this paragraph may be construed to permit the Domestic Liaisons to have authority over supervision, examination, or enforcement processes.
(6) Access to documents.— FinCEN, to the extent practicable and consistent with appropriate safeguards for sensitive enforcement-related, pre-decisional, or deliberative information, shall ensure that the Domestic Liaisons have full access to the documents of FinCEN, as necessary to carry out the functions of the Office of Domestic Liaison.
(7) Annual reports.— (A) In general.— Not later than 1 year after the date of enactment of this subsection and every 2 years thereafter for 5 years, the Director shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the objectives of the Office of Domestic Liaison for the following fiscal year and the activities of the Office during the immediately preceding fiscal year.
(B) Contents.— Each report required under subparagraph (A) shall include—
(i) appropriate statistical information and full and substantive analysis;
(ii) information on steps that the Office of Domestic Liaison has taken during the reporting period to address feedback received by financial institutions and examiners of Federal functional regulators relating to examinations under the Bank Secrecy Act;
(iii) recommendations to the Director for such administrative and legislative actions as may be appropriate to address information sharing and coordination issues encountered by financial institutions or examiners of Federal functional regulators; and
(iv) any other information, as determined appropriate by the Director.
(C) Sensitive information.— Notwithstanding subparagraph (D), FinCEN shall review each report required under subparagraph (A) before the report is submitted to ensure the report does not disclose sensitive information.
(D) Independence.— (i) In general.— Each report required under subparagraph (A) shall be provided directly to the committees listed in that subparagraph, except that a relevant Federal functional regulator, State bank supervisor, Office of Management and Budget, or State credit union supervisor shall have an opportunity for review and comment before the submission of the report.
(ii) Rule of construction.— Nothing in clause (i) may be construed to preclude FinCEN or any other department or agency from reviewing a report required under subparagraph (A) for the sole purpose of protecting—
(I) sensitive information obtained by a law enforcement agency; and
(II) classified information.
(E) Classified information.— No report required under subparagraph (A) may contain classified information.
(8) Definition.— In this subsection, the term “Federal functional regulator” has the meaning given the term in section 6003 of the Anti-Money Laundering Act of 2020.
(h) FinCEN Foreign Financial Intelligence Unit Liaisons.— (1) In general.— The Director of FinCEN shall appoint not fewer than 6 Foreign Financial Intelligence Unit Liaisons, who shall—
(A) be knowledgeable about domestic or international anti-money laundering or countering the financing of terrorism laws and regulations;
(B) possess a technical understanding of the Bank Secrecy Act, the protocols of the Egmont Group of Financial Intelligence Units, and the Financial Action Task Force and the recommendations issued by that Task Force;
(C) be co-located in a United States embassy, a similar United States Government facility, or a foreign government facility, as appropriate;
(D) facilitate capacity building and perform outreach with respect to anti-money laundering and countering the financing of terrorism regulatory and analytical frameworks;
(E) establish and maintain relationships with officials from foreign intelligence units, regulatory authorities, ministries of finance, central banks, law enforcement agencies, and other competent authorities;
(F) participate in industry outreach engagements with foreign financial institutions and other commercial actors on anti-money laundering and countering the financing of terrorism issues;
(G) coordinate with representatives of the Department of Justice at United States Embassies who perform similar functions on behalf of the United States Government; and
(H) perform such other duties as the Director determines to be appropriate.
(2) Compensation.— Each Foreign Financial Intelligence Unit Liaison appointed under paragraph (1) shall receive compensation at the higher of—
(A) the rate of compensation paid to a Foreign Service officer at a comparable career level serving at the same embassy or facility, as applicable; or
(B) the rate of compensation that the Liaison would have otherwise received.
(i) Protection of Information Obtained by Foreign Law Enforcement and Financial Intelligence Units; Freedom of Information Act.— (1) Definitions.— In this subsection:
(A) Foreign anti-money laundering and countering the financing of terrorism authority.— The term “foreign anti-money laundering and countering the financing of terrorism authority” means any foreign agency or authority that is empowered under foreign law to regulate or supervise foreign financial institutions (or designated non-financial businesses and professions) with respect to laws concerning anti-money laundering and countering the financing of terrorism and proliferation.
(B) Foreign financial intelligence unit.— The term “foreign financial intelligence unit” means any foreign agency or authority, including a foreign financial intelligence unit that is a member of the Egmont Group of Financial Intelligence Units, that is empowered under foreign law as a jurisdictions national center for—
(i) receipt and analysis of suspicious transaction reports and other information relevant to money laundering, associated predicate offenses, and the financing of terrorism; and
(ii) the dissemination of the results of the analysis described in clause (i).
(C) Foreign law enforcement authority.— The term “foreign law enforcement authority” means any foreign agency or authority that is empowered under foreign law to detect, investigate, or prosecute potential violations of law.
(2) Information exchanged with foreign law enforcement authorities, foreign financial intelligence units, and foreign anti-money laundering and countering the financing of terrorism authorities.— (A) In general.— The Department of the Treasury may not be compelled to search for or disclose information exchanged with a foreign law enforcement authority, foreign financial intelligence unit, or foreign anti-money laundering and countering the financing of terrorism authority.
(B) Inapplicability of freedom of information act.— (i) In general.— Section 552(a)(3) of title 5 (commonly known as the “Freedom of Information Act”) shall not apply to any request for records or information exchanged between the Department of the Treasury and a foreign law enforcement authority, foreign financial intelligence unit, or foreign anti-money laundering and countering the financing of terrorism authority.
(ii) Specifically exempted by statute.— For purposes of section 552 of title 5, this paragraph shall be considered a statute described in subsection (b)(3)(B) of that section.
(C) Clarification on information limitations and protections.— (i) In general.— The provisions of this paragraph shall apply only to information necessary to exercise the duties and powers described under subsection (b).
(ii) Appropriate confidentiality, classification, and data security requirements.— The Secretary, in consultation with the Director, shall ensure that information provided to a foreign law enforcement authority, foreign financial intelligence unit, or foreign anti-money laundering and countering the financing of terrorism authority, is subject to appropriate confidentiality, classification, and data security requirements.
(3) Savings provision.— Nothing in this section shall authorize the Department of the Treasury to withhold information from Congress, decline to carry out a search for information requested by Congress, or prevent the Department of the Treasury from complying with an order of a court of the United States in an action commenced by the United States.
(j) Analytical Experts.— (1) In general.— FinCEN shall maintain financial experts capable of identifying, tracking, and tracing money laundering and terrorist-financing networks in order to conduct and support civil and criminal anti-money laundering and countering the financing of terrorism investigations conducted by the United States Government.
(2) FinCEN analytical hub.— FinCEN, upon a reasonable request from a Federal agency, shall, in collaboration with the requesting agency and the appropriate Federal functional regulator, analyze the potential anti-money laundering and countering the financing of terrorism activity that prompted the request.
(k) Definitions.— In this section:
(1) Bank secrecy act.— The term “Bank Secrecy Act” has the meaning given the term in section 6003 of the Anti-Money Laundering Act of 2020.
(2) Federal functional regulator.— The term “Federal functional regulator” has the meaning given the term in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809).
(3) Financial institution.— The term “financial institution” has the meaning given the term in section 5312 of this title.
(4) State bank supervisor.— The term “State bank supervisor” has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
(5) State credit union supervisor.— The term “State credit union supervisor” means a State official described in section 107A(e) of the Federal Credit Union Act (12 U.S.C. 1757a(e)).
(l) Authorization of Appropriations.— (1) In general.— There are authorized to be appropriated to FinCEN to carry out this section, to remain available until expended—
(A) $136,000,000 for fiscal year 2021;
(B) $60,000,000 for fiscal year 2022; and
(C) $35,000,000 for each of fiscal years 2023 through 2026.
(2) Authorization for funding key technological improvements in mission-critical fincen systems.— There are authorized to be appropriated for fiscal year 2005 the following amounts, which are authorized to remain available until expended:
(A) BSA direct.— For technological improvements to provide authorized law enforcement and financial regulatory agencies with Web-based access to FinCEN data, to fully develop and implement the highly secure network required under section 362 of Public Law 10756 to expedite the filing of, and reduce the filing costs for, financial institution reports, including suspicious activity reports, collected by FinCEN under chapter 53 and related provisions of law, and enable FinCEN to immediately alert financial institutions about suspicious activities that warrant immediate and enhanced scrutiny, and to provide and upgrade advanced information-sharing technologies to materially improve the Governments ability to exploit the information in the FinCEN data banks, $16,500,000.
(B) Advanced analytical technologies.— To provide advanced analytical tools needed to ensure that the data collected by FinCEN under chapter 53 and related provisions of law are utilized fully and appropriately in safeguarding financial institutions and supporting the war on terrorism, $5,000,000.
(C) Data networking modernization.— To improve the telecommunications infrastructure to support the improved capabilities of the FinCEN systems, $3,000,000.
(D) Enhanced compliance capability.— To improve the effectiveness of the Office of Compliance in FinCEN, $3,000,000.
(E) Detection and prevention of financial crimes and terrorism.— To provide development of, and training in the use of, technology to detect and prevent financial crimes and terrorism within and without the United States, $8,000,000.
(Added Pub. L. 10756, title III, § 361(a)(2), Oct. 26, 2001, 115 Stat. 329; amended Pub. L. 108458, title VI, §§ 6101, 6203(a), Dec. 17, 2004, 118 Stat. 3744, 3746; Pub. L. 111195, title I, § 109(c), July 1, 2010, 124 Stat. 1338; Pub. L. 116283, div. F, title LXI, §§ 6101(c), 6102(b), 6103, 6105(a), 61076109(a), title LXIII, § 6304, title LXV, § 6509(a), Jan. 1, 2021, 134 Stat. 45514553, 4555, 45574560, 4586, 4633; Pub. L. 11781, div. F, title LXI, § 6101, Dec. 27, 2021, 135 Stat. 2382.)
## Notes
Editorial Notes
References in TextChapter 2 of title I of Public Law 91508, referred to in subsec. (b)(2)(B)(i), (C)(iii), (I), is chapter 2 (§§ 121129) of title I of Pub. L. 91508, Oct. 26, 1970, 84 Stat. 1116, which is classified generally to chapter 21 (§ 1951 et seq.) of Title 12, Banks and Banking. For complete classification of chapter 2 to the Code, see Tables. Section 21 of the Federal Deposit Insurance Act, referred to in subsec. (b)(2)(B)(i), (C)(iii), (I), is classified to section 1829b of Title 12, Banks and Banking. Section 6003 of the Anti-Money Laundering Act of 2020, referred to in subsecs. (b)(2)(L), (d)(4)(C), (g)(8), and (k)(1), is section 6003 of Pub. L. 116283, which is set out as a note under section 5311 of this title. The Right to Financial Privacy Act of 1978, referred to in subsec. (c)(2), is title XI of Pub. L. 95630, Nov. 10, 1978, 92 Stat. 3697, which is classified generally to chapter 35 (§ 3401 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 3401 of Title 12 and Tables. Section 362 of Public Law 10756, referred to in subsec. (d)(2)(A), is set out as a note below. The date of enactment of this subsection, referred to in subsecs. (d)(3)(A) and (g)(7)(A), is the date of enactment of Pub. L. 116283, which was approved Jan. 1, 2021.
Prior ProvisionsA prior section 310 was renumbered section 315 of this title.
Amendments2021—Subsec. (b)(2)(C)(i). Pub. L. 116283, § 6102(b)(1), inserted “Tribal,” after “local,”. Subsec. (b)(2)(C)(iv). Pub. L. 116283, § 6102(b)(2), struck out “international” before “terrorism”. Subsec. (b)(2)(E), (F). Pub. L. 116283, § 6102(b)(1), inserted “Tribal,” after “local,”. Subsec. (b)(2)(J) to (O). Pub. L. 116283, § 6101(c), added subpars. (J) to (N) and redesignated former subpar. (J) as (O). Subsec. (d). Pub. L. 116283, § 6103(2), added subsec. (d). Former subsec. (d) redesignated (l). Subsec. (d)(2). Pub. L. 11781, § 6101(1), inserted “other relevant private sector entities,” after “financial institutions,” in introductory provisions. Subsec. (d)(3)(A)(i)(II). Pub. L. 11781, § 6101(2), inserted “and other relevant private sector entities” after “financial institutions”. Subsec. (d)(5)(A). Pub. L. 11781, § 6101(3)(A), inserted “or other relevant private sector entity” after “financial institution”. Subsec. (d)(5)(B). Pub. L. 11781, § 6101(3)(B), designated existing provisions as cl. (i), inserted cl. (i) heading, and added cl. (ii). Subsec. (e). Pub. L. 116283, § 6105(a), added subsec. (e). Subsecs. (f), (g). Pub. L. 116283, § 6107, added subsecs. (f) and (g). Subsec. (h). Pub. L. 116283, § 6108, added subsec. (h). Subsec. (i). Pub. L. 116283, § 6109(a), added subsec. (i). Subsecs. (j), (k). Pub. L. 116283, § 6304, added subsecs. (j) and (k). Subsec. (l). Pub. L. 116283, § 6103(1), redesignated former subsec. (d) as (l). Subsec. (l)(1). Pub. L. 116283, § 6509(a), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “There are authorized to be appropriated for FinCEN $100,419,000 for fiscal year 2011 and such sums as may be necessary for each of the fiscal years 2012 and 2013.” 2010—Subsec. (d)(1). Pub. L. 111195 substituted “$100,419,000 for fiscal year 2011 and such sums as may be necessary for each of the fiscal years 2012 and 2013” for “such sums as may be necessary for fiscal years 2002, 2003, 2004, and 2005”. 2004—Subsec. (c)(1), (2)(A). Pub. L. 108458, § 6203(a), substituted “FinCEN” for “the Network”. Subsec. (d). Pub. L. 108458, § 6101, designated existing provisions as par. (1), inserted par. heading, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentAmendment by section 6203(a) of Pub. L. 108458 effective as if included in Pub. L. 10756, as of the date of enactment of such Act, and no amendment made by Pub. L. 10756 that is inconsistent with such amendment to be deemed to have taken effect, see section 6205 of Pub. L. 108458, set out as a note under section 1828 of Title 12, Banks and Banking.
Assessment of Bank Secrecy Act No-Action LettersPub. L. 116283, div. F, title LXIII, § 6305, Jan. 1, 2021, 134 Stat. 4587, provided that: “(a) Assessment.—“(1) In general.—The Director [probably means Director of FinCEN], in consultation with the Attorney General, the Federal functional regulators, State bank supervisors, State credit union supervisors, and other Federal agencies, as appropriate, shall conduct an assessment on whether to establish a process for the issuance of no-action letters by FinCEN [Financial Crimes Enforcement Network of the Department of the Treasury] in response to inquiries from persons concerning the application of the Bank Secrecy Act, the USA PATRIOT Act (Public Law 10756; 115 Stat. 272), section 8(s) of the Federal Deposit Insurance Act (12 U.S.C. 1818(s)), or any other anti-money laundering or countering the financing of terrorism law (including regulations) to specific conduct, including a request for a statement as to whether FinCEN or any relevant Federal functional regulator intends to take an enforcement action against the person with respect to such conduct. “(2) Analysis.—The assessment required under paragraph (1) shall include an analysis of—“(A) a timeline for the process used to reach a final determination by FinCEN, in consultation with the relevant Federal functional regulators, in response to a request by a person for a no-action letter; “(B) whether improvements in current processes are necessary; “(C) whether a formal no-action letter process would help to mitigate or accentuate illicit finance risks in the United States; and “(D) any other matter the Secretary determines is appropriate. “(b) Report and Rulemakings.—Not later than 180 days after the date of enactment of this Act [Jan. 1, 2021], the Secretary [of the Treasury], in coordination with the Director of the Federal Bureau of Investigation, the Attorney General, the Secretary of Homeland Security, and the Federal functional regulators, shall—“(1) submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains all findings and determinations made in carrying out the assessment required under subsection (a); and “(2) propose rulemakings, if appropriate, to implement the findings and determinations described in paragraph (1).” [For definition of “Federal functional regulator” as used in section 6305 of Pub. L. 116283, set out above, see section 6003 of Pub. L. 116283, set out as a Definitions note under section 5311 of this title.]
Establishment of Highly Secure NetworkPub. L. 10756, title III, § 362, Oct. 26, 2001, 115 Stat. 332, as amended by Pub. L. 108458, title VI, § 6202(m), Dec. 17, 2004, 118 Stat. 3746, provided that: “(a) In General.—The Secretary [of the Treasury] shall establish a highly secure network in the Financial Crimes Enforcement Network that—“(1) allows financial institutions to file reports required under subchapter II of chapter 53 of title 31, United States Code, chapter 2 of Public Law 91508 [probably means chapter 2 (§§ 121 to 129) of title I of Pub. L. 91508 (12 U.S.C. 1951 et seq.)], or section 21 of the Federal Deposit Insurance Act [12 U.S.C. 1829b] through the secure network; and “(2) provides financial institutions with alerts and other information regarding suspicious activities that warrant immediate and enhanced scrutiny. “(b) Expedited Development.—The Secretary shall take such action as may be necessary to ensure that the secure network required under subsection (a) is fully operational before the end of the 9-month period beginning on the date of enactment of this Act [Oct. 26, 2001].”
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# 31 U.S.C. § 312 - Terrorism and financial intelligence
## Text
(a) Office of Terrorism and Financial Intelligence.— (1) Establishment.— There is established within the Department of the Treasury the Office of Terrorism and Financial Intelligence (in this section referred to as “OTFI”), which shall be the successor to any such office in existence on the date of enactment of this section.
(2) Leadership.— (A) Undersecretary.— There is established within the Department of the Treasury, the Office of the Undersecretary for Terrorism and Financial Crimes, who shall serve as the head of the OTFI, and shall report to the Secretary of the Treasury through the Deputy Secretary of the Treasury. The Office of the Undersecretary for Terrorism and Financial Crimes shall be the successor to the Office of the Undersecretary for Enforcement.
(B) Appointment.— The Undersecretary for Terrorism and Financial Crimes shall be appointed by the President, by and with the advice and consent of the Senate.
(3) Assistant secretary for terrorist financing.— (A) Establishment.— There is established within the OTFI the position of Assistant Secretary for Terrorist Financing.
(B) Appointment.— The Assistant Secretary for Terrorist Financing shall be appointed by the President, by and with the advice and consent of the Senate.
(C) Duties.— The Assistant Secretary for Terrorist Financing shall be responsible for formulating and coordinating the counter terrorist financing and anti-money laundering efforts of the Department of the Treasury, and shall report directly to the Undersecretary for Terrorism and Financial Crimes.
(4) Functions.— The functions of the OTFI include providing policy, strategic, and operational direction to the Department on issues relating to—
(A) implementation of titles I and II of the Bank Secrecy Act;
(B) United States economic sanctions programs;
(C) combating terrorist financing;
(D) combating financial crimes, including money laundering, counterfeiting, and other offenses threatening the integrity of the banking and financial systems;
(E) combating illicit financing relating to human trafficking;
(F) other enforcement matters;
(G) those intelligence analysis and coordination functions described in subsection (b); and
(H) the security functions and programs of the Department of the Treasury.
(5) Reports to congress on proposed measures.— The Undersecretary for Terrorism and Financial Crimes and the Assistant Secretary for Terrorist Financing shall report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives not later than 72 hours after proposing by rule, regulation, order, or otherwise, any measure to reorganize the structure of the Department for combatting money laundering and terrorist financing, before any such proposal becomes effective.
(6) Other offices within otfi.— Notwithstanding any other provision of law, the following offices of the Department of the Treasury shall be within the OTFI:
(A) The Office of the Assistant Secretary for Intelligence and Analysis, which shall report directly to the Undersecretary for Terrorism and Financial Crimes.
(B) The Office of the Assistant Secretary for Terrorist Financing, which shall report directly to the Undersecretary for Terrorism and Financial Crimes.
(C) The Office of Foreign Assets Control (in this section referred to as the “OFAC”), which shall report directly to the Undersecretary for Terrorism and Financial Crimes.
(D) The Executive Office for Asset Forfeiture, which shall report to the Undersecretary for Terrorism and Financial Crimes.
(E) The Office of Intelligence and Analysis (in this section referred to as the “OIA”), which shall report to the Assistant Secretary for Intelligence and Analysis.
(F) The Office of Terrorist Financing, which shall report to the Assistant Secretary for Terrorist Financing.
(7) FinCEN.— (A) Reporting to undersecretary.— The Financial Crimes Enforcement Network (in this section referred to as “FinCEN”), a bureau of the Department of the Treasury, shall report to the Undersecretary for Terrorism and Financial Crimes. The Undersecretary for Terrorism and Financial Crimes may not redelegate its reporting authority over FinCEN.
(B) Office of compliance.— There is established within FinCEN, an Office of Compliance.
(8) Interagency coordination.— The Secretary of the Treasury, after consultation with the Undersecretary for Terrorism and Financial Crimes, shall designate an office within the OTFI that shall coordinate efforts to combat the illicit financing of human trafficking with—
(A) other offices of the Department of the Treasury;
(B) other Federal agencies, including—
(i) the Office to Monitor and Combat Trafficking in Persons of the Department of State; and
(ii) the Interagency Task Force to Monitor and Combat Trafficking;
(C) State and local law enforcement agencies; and
(D) foreign governments.
(b) Office of Intelligence and Analysis.— (1) Assistant secretary for intelligence and analysis.— The Assistant Secretary for Intelligence and Analysis shall head the OIA.
(2) Responsibilities.— The OIA shall be responsible for the receipt, analysis, collation, and dissemination of intelligence and counterintelligence information related to the operations and responsibilities of the entire Department of the Treasury, including all components and bureaus of the Department.
(3) Primary functions.— The primary functions of the OIA are—
(A) to build a robust analytical capability on terrorist finance by coordinating and overseeing work involving intelligence analysts in all components of the Department of the Treasury, focusing on the highest priorities of the Department, as well as ensuring that the existing intelligence needs of the OFAC and FinCEN are met; and
(B) to provide intelligence support to senior officials of the Department on a wide range of international economic and other relevant issues.
(4) Other functions and duties.— The OIA shall—
(A) carry out the intelligence support functions that are assigned, to the Office of Intelligence Support under section 311 (pursuant to section 105 of the Intelligence Authorization Act for Fiscal Year 2004);
(B) serve in a liaison capacity with the intelligence community; and
(C) represent the Department in various intelligence related activities.
(5) Duties of the assistant secretary.— The Assistant Secretary for Intelligence and Analysis shall serve as the Senior Officer Intelligence Community, and shall represent the Department in intelligence community fora, including the National Foreign Intelligence Board committees and the Intelligence Community Management Staff.
(c) Delegation.— To the extent that any authorities, powers, and responsibilities over enforcement matters delegated to the Undersecretary for Terrorism and Financial Crimes, or the positions of Assistant Secretary for Terrorism and Financial Crimes, Assistant Secretary for Enforcement and Operations, or Deputy Assistant Secretary for Terrorist Financing and Financial Crimes, have not been transferred to the Department of Homeland Security, the Department of Justice, or the Assistant Secretary for Tax Policy (related to the customs revenue functions of the Bureau of Alcohol and Tobacco Tax and Trade), those remaining authorities, powers, and responsibilities are delegated to the Undersecretary for Terrorism and Financial Crimes.
(d) Designation as Enforcement Organization.— The Office of Terrorism and Financial Intelligence (including any components thereof) is designated as a law enforcement organization of the Department of the Treasury for purposes of section 9705 of title 31, United States Code, and other relevant authorities.
(e) Use of Existing Resources.— The Secretary may employ personnel, facilities, and other Department of the Treasury resources available to the Secretary on the date of enactment of this section in carrying out this section, except as otherwise prohibited by law.
(f) References.— References in this section to the “Secretary”, “Undersecretary”, “Deputy Secretary”, “Deputy Assistant Secretary”, “Office”, “Assistant Secretary”, and “Department” are references to positions and offices of the Department of the Treasury, unless otherwise specified.
(g) Special Hiring Authority.— (1) In general.— The Secretary of the Treasury may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, candidates directly to positions in the competitive service, as defined in section 2102 of that title, in the OTFI.
(2) Primary responsibilities.— The primary responsibility of candidates appointed under paragraph (1) shall be to provide substantive support in support of the duties described in subparagraphs (A) through (G) of subsection (a)(4).
(h) Deployment of Staff.— The Secretary of the Treasury may detail, without regard to the provisions of section 300.301 of title 5, Code of Federal Regulations, any employee in the OTFI to any position in the OTFI for which the Secretary has determined there is a need.
(Added Pub. L. 108447, div. H, title II, § 222(a), Dec. 8, 2004, 118 Stat. 3242, § 313; renumbered § 312, Pub. L. 111203, title V, § 502(a)(2), July 21, 2010, 124 Stat. 1580; amended Pub. L. 11422, title I, § 105(c)(2)(A)(ii)(I), May 29, 2015, 129 Stat. 237; Pub. L. 11692, div. F, title LXXI, § 7153, Dec. 20, 2019, 133 Stat. 2259; Pub. L. 116283, div. F, title LXI, § 6105(b), Jan. 1, 2021, 134 Stat. 4555.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsecs. (a)(1) and (e), is the date of the enactment of Pub. L. 108447, which was approved Dec. 8, 2004. For the Bank Secrecy Act, referred to in subsec. (a)(4)(A), see Short Title note set out under section 1951 of Title 12, Banks and Banking, and Tables. Section 105 of the Intelligence Authorization Act for Fiscal Year 2004, referred to in subsec. (b)(4)(A), is section 105 of Pub. L. 108177, title I, Dec. 13, 2003, 117 Stat. 2603, which enacted section 311 of this title. For complete classification of section 105 to the Code, see Tables.
Prior ProvisionsA prior section 312 was renumbered section 315 of this title.
Amendments2021—Subsecs. (g), (h). Pub. L. 116283 added subsecs. (g) and (h). 2019—Subsec. (a)(4)(E) to (H). Pub. L. 11692, § 7153(a), added subpar. (E) and redesignated former subpars. (E) to (G) as (F) to (H), respectively. Subsec. (a)(8). Pub. L. 11692, § 7153(b), added par. (8). 2015—Subsec. (d). Pub. L. 11422 substituted “section 9705” for “section 9703”. 2010—Pub. L. 111203 renumbered section 313 of this title as this section.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Community Management Staff deemed to be a reference to the staff of the Office of the Director of National Intelligence, see section 1081(c) of Pub. L. 108458, set out as a note under section 3001 of Title 50, War and National Defense.
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.
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# 31 U.S.C. § 314 - Covered agreements
## Text
(a) Authority.— The Secretary and the United States Trade Representative are authorized, jointly, to negotiate and enter into covered agreements on behalf of the United States.
(b) Requirements for Consultation With Congress.— (1) In general.— Before initiating negotiations to enter into a covered agreement under subsection (a), during such negotiations, and before entering into any such agreement, the Secretary and the United States Trade Representative shall jointly consult with the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate.
(2) Scope.— The consultation described in paragraph (1) shall include consultation with respect to—
(A) the nature of the agreement;
(B) how and to what extent the agreement will achieve the applicable purposes, policies, priorities, and objectives of section 313 and this section; and
(C) the implementation of the agreement, including the general effect of the agreement on existing State laws.
(c) Submission and Layover Provisions.— A covered agreement under subsection (a) may enter into force with respect to the United States only if—
(1) the Secretary and the United States Trade Representative jointly submit to the congressional committees specified in subsection (b)(1), on a day on which both Houses of Congress are in session, a copy of the final legal text of the agreement; and
(2) a period of 90 calendar days beginning on the date on which the copy of the final legal text of the agreement is submitted to the congressional committees under paragraph (1) has expired.
(Added Pub. L. 111203, title V, § 502(a)(3), July 21, 2010, 124 Stat. 1588.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111203, set out as a note under section 5301 of Title 12, Banks and Banking.
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title_number: 31
title_name: "MONEY AND FINANCE"
chapter_number: "3"
chapter_name: "DEPARTMENT OF THE TREASURY"
section: "315"
citation: "31 U.S.C. § 315"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc31@119-100.zip"
source_identifier: "/us/usc/t31/s315"
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---
# 31 U.S.C. § 315 - Continuing in office
## Text
When the term of office of an officer of the Department of the Treasury ends, the officer may continue to serve until a successor is appointed and qualified.
(Pub. L. 97258, Sept. 13, 1982, 96 Stat. 880, § 309; renumbered § 310, Pub. L. 10173, title III, § 307(a)(1), Aug. 9, 1989, 103 Stat. 352; renumbered § 311, Pub. L. 10756, title III, § 361(a)(1), Oct. 26, 2001, 115 Stat. 329; renumbered § 312, Pub. L. 108177, title I, § 105(a)(1)(A), Dec. 13, 2003, 117 Stat. 2603; renumbered § 315, Pub. L. 111203, title V, § 502(a)(1), July 21, 2010, 124 Stat. 1580.)
## Notes
Historical and Revision Notes Revised SectionSource (U.S. Code)Source (Statutes at Large) 30931:1016.Mar. 2, 1895, ch. 187 (1st par. under heading “Treasury Department”), 28 Stat. 844. In the section, the words “When the term of office . . . ends” are substituted for “whose terms of office have expired or shall expire” for consistency and to eliminate unnecessary words. The words “may continue to serve” are substituted for “The Secretary of the Treasury is authorized and directed to pay”, “and who have been performing or shall perform the duties of their respective offices after the date of such expiration”, and “the salary, compensation, fees, or emoluments authorized or provided by law in each case for the respective incumbents of the offices” because of 25 Op. Atty. Gen. 636 (1906) and for consistency with other titles of the United States Code. The words “until a successor is appointed and qualified” are substituted for “before the appointment and qualification of their successors” and 31:1016 (last sentence) for consistency with other titles of the Code.
Editorial Notes
Amendments2010—Pub. L. 111203 renumbered section 312 of this title as this section. 2003—Pub. L. 108177 renumbered section 311 of this title as this section. 2001—Pub. L. 10756 renumbered section 310 of this title as this section. 1989—Pub. L. 10173 renumbered section 309 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.
@@ -0,0 +1,65 @@
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title: "31 U.S.C. § 316"
description: "Treasury Attaché Program"
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title_number: 31
title_name: "MONEY AND FINANCE"
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chapter_name: "DEPARTMENT OF THE TREASURY"
section: "316"
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status: "current"
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---
# 31 U.S.C. § 316 - Treasury Attaché Program
## Text
(a) In General.— There is established the Treasury Financial Attaché Program, under which the Secretary of the Treasury shall appoint employees of the Department of the Treasury as a Treasury Financial Attaché, who shall—
(1) further the work of the Department of the Treasury in developing and executing the financial and economic policy of the United States Government and the international fight against terrorism, money laundering, and other illicit finance;
(2) be co-located in a United States Embassy, a similar United States Government facility, or a foreign government facility, as the Secretary determines is appropriate;
(3) establish and maintain relationships with foreign counterparts, including employees of ministries of finance, central banks, international financial institutions, and other relevant official entities;
(4) conduct outreach to local and foreign financial institutions and other commercial actors;
(5) coordinate with representatives of the Department of Justice at United States Embassies who perform similar functions on behalf of the United States Government; and
(6) perform such other actions as the Secretary determines are appropriate.
(b) Number of Attachés.— (1) In general.— The number of Treasury Financial Attachés appointed under this section at any one time shall be not fewer than 6 more employees than the number of employees of the Department of the Treasury serving as Treasury attachés on the date of enactment of this section.
(2) Additional posts.— The Secretary of the Treasury may establish additional posts subject to the availability of appropriations.
(c) Compensation.— (1) In general.— Each Treasury Financial Attaché appointed under this section and located at a United States Embassy shall receive compensation, including allowances, at the higher of—
(A) the rate of compensation, including allowances, provided to a Foreign Service officer serving at the same embassy; and
(B) the rate of compensation, including allowances, the Treasury Financial Attaché would otherwise have received, absent the application of this subsection.
(2) Phase in.— The compensation described in paragraph (1) shall be phased in over 2 years.
(Added Pub. L. 116283, div. F, title LXI, § 6106(a), Jan. 1, 2021, 134 Stat. 4556.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section, referred to in subsecs. (b)(1), is the date of enactment of Pub. L. 116283, which was approved Jan. 1, 2021.
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