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Page:United States Statutes at Large Volume 96 Part 1.djvu/950

 96 STAT. 908

PUBLIC LAW 97-258—SEPT. 13, 1982 (C) other authority making amounts available for obligation or expenditure. §1102. Fiscal year The fiscal year of the Treasury begins on October 1 of each year and ends on September 30 of the following year. Accounts of receipts and expenditures required under law to be published each year shall be published for the fiscal year. § 1103. Budget ceiling Congress reaffirms its commitment that budget outlays of the United States Government for a fiscal year may be not more than the receipts of the Government for that year.

Waiver.

Regulations.

§ 1104. Budget and appropriations authority of the President (a) The President shall prepare budgets of the United States Government under section 1105 of this title and proposed deficiency and supplemental appropriations under section 1107 of this title. To the extent practicable, the President shall use uniform terms in stating the purposes and conditions of appropriations. (b) Except as provided in this chapter, the President shall prescribe the contents and order of statements in the budget on expenditures and estimated expenditures and statements on proposed appropriations and information submitted with the budget and proposed appropriations. The President shall include with the budget and proposed appropriations information on personnel and other objects of expenditure in the way that information was included in the budget for fiscal year 1950. However, the requirement that information be included in the budget in that wav may be waived or changed by joint action of the Committees on Appropriations of both Houses of Congress. This subsection does not limit the authority of a committee of Congress to request information in a form it prescribes. (c) When the President makes a basic change in the form of the budget, the President shall submit with the budget information showing where items in the budget for the prior fiscal year are contained in the present budget. However, the President may change the functional categories in the budget only in consultation with the Committees on Appropriations and on the Budget of both Houses of Congress. (d) The President shall develop programs and prescribe regulations to improve the compilation, analysis, publication, and dissemination of statistical information by executive agencies. The President shall carry out this subsection through the Administrator for the Office of Information and Regulatory Affairs in the Office of Mansigement and Budget. (e) Under regulations prescribed by the President, each agency shall provide information required by the President in carrying out this chapter. The President has access to, and may inspect, records of an agency to obtain information. § 1105. Budget contents and submission to Congress (a) During the first 15 days of each regular session of Congress, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:

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Page:United States Statutes at Large Volume 96 Part 1.djvu/951

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 909

(1) information on activities and functions of the Government. (2) when practicable, information on costs and achievements of Government programs. (3) other desirable classifications of information. (4) a reconciliation of the summary information on expenditures with proposed appropriations. (5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under— (A) laws in effect when the budget is submitted; and (B) proposals in the budget to increase revenues. (7) appropriations, expenditures, and receipts of the Government in the prior fiscal year. (8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year. (9) balanced statements of the— (A) condition of the Treasury at the end of the prior fiscal year; (B) estimated condition of the Treasury at the end of the current fiscal year; and (C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government. (11) other financial information the President decides is desirable to explain in practicable detail the financial condition of the Government. (12) for each proposal in the budget for legislation that would establish or expand a Government activity or function, a table showing— (A) the amount proposed in the budget for appropriation and for expenditure because of the proposal in the fiscal year for which the budget is submitted; and (B) the estimated appropriation required because of the proposal for each of the 4 fiscal years after that year that the proposal will be in effect, (13) an allowance for additional estimated expenditures and proposed appropriations for the fiscal year for which the budget is submitted. (14) an allowance for unanticipated uncontrollable expenditures for that year. (15) a separate statement on each of the items referred to in section 301(a)(l)-(5) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)(l)-(5)). 3i use 1322. (16) the level of tax expenditures under existing law in the tax expenditures budget (as defined in section 3(a)(3) of the Congressional Budget Act of 1974 (2 U.S.C. 622(a)(3)) for the fiscal year 3i use 1302. for which the budget is submitted, considering projected economic factors and changes in the existing levels based on proposals in the budget.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/952

 96 STAT. 910

31 USC 25 and note.

Legislative and judicial branch expenditures.

PUBLIC LAW 97-258—SEPT. 13, 1982 (17) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for grants, contracts, and other payments under each program for which there is an authorization of appropriations for that following fiscal year when the appropriations are authorized to be included in an appropriation law for the fiscal year before the fiscal year in which the appropriation is to be available for obligation. (18) a comparison of the total amount of budget outlays for the prior fiscal year, estimated in the budget submitted for that year, for each major program having relatively uncontrollable outlays with the total amount of outlays for that program in that year. (19) a comparison of the total amount of receipts for the prior fisc£Q year, estimated in the budget submitted for that year, with receipts received in that year, and for each major source of receipts, a comparison of the amount of receipts estimated in that budget with the amount of receipts from that source in that year. (20) an analysis and explanation of the differences between each amount compared under clauses (18) and (19) of this subsection. (21) a horizontal budget showing— (A) the programs for meteorology and of the National Climate Program established under section 5 of the National Climate Program Act (15 U.S.C. 2904); (B) specific aspects of the program of, and appropriations for, each agency; and (C) estimated goals and financial requirements. (22) a statement of budget authority, proposed budget authority, budget outlays, and proposed budget outlays, and descriptive information in terms of— (A) a detailed structure of national needs that refers to the missions and programs of agencies (as defined in section 101 of this title); and (B) the missions and basic programs. (23) separate appropriation accounts for appropriations under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) and the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.). (24) recommendations on the return of Government capital to the Treasury by a mixed-ownership corporation (as defined in section 9101(2) of this title) that the President decides are desirable. GD) Estimated expenditures and proposed appropriations for the legislative branch and the judicied branch to be included in each budget under subsection (a)(5) of this section shall be submitted to the President before October 16 of each year and included in the budget by the President without change. (c) The President shall recommend in the budget appropriate action to meet an estimated deficiency when the estimated receipts for the fiscal year for which the budget is submitted (under laws in effect when the budget is submitted) and the estimated amounts in the Treasury at the end of the current fiscal year available for expenditure in the fiscal year for which the budget is submitted, are less than the estimated expenditures for that year. The President shall make recommendations required by the public interest when

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Page:United States Statutes at Large Volume 96 Part 1.djvu/953

 PUBLIC LAW 97-258—SEPT. 13, 1982 the estimated receipts and estimated amounts in the Treasury are more than the estimated expenditures. (d) When the President submits a budget or supporting information about a budget, the President shall include a statement on all changes about the current fiscal year that were made before the budget or information was submitted. § 1106. Supplemental budget estimates and changes (a) Before July 16 of each year, the President shall submit to Congress a supplemental summary of the budget for the fiscal year for which the budget is submitted under 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 April 11 and 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)(l)-(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. § 1107. Deficiency and supplemental appropriations The President may submit to Congress proposed deficiency and supplemental appropriations the President decides are necessary because of laws enacted after the submission of the budget or that are in the public interest. The President shall include the reasons for the submission of the proposed appropriations and the reasons the proposed appropriations were not included in the budget. When the total proposed appropriations would have required the President to make a recommendation under section 1105(c) of this title if they had been included in the budget, the President shall make a recommendation under that section.

96 STAT. 911

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Page:United States Statutes at Large Volume 96 Part 1.djvu/954

 96 STAT. 912

"Agency."

Supplemental appropriations.

PUBLIC LAW 97-258—SEPT. 13, 1982 § 1108. Preparation and submission of appropriations requests to the President (a) In this section (except subsections (b)(1) and (e)), "agency" means a department, agency, or instrumentality of the United States Government. (b)(1) The head of each agency shall prepare and submit to the President each appropriation request for the agency. The request shall be prepared and submitted in the form prescribed by the President under this chapter and by the date established by the President. When the head of an agency does not submit a request by that date, the President shall prepare the request for the agency to be included in the budget or changes in the budget or as deficiency and supplemental appropriations. The President may change agency appropriation requests. Agency appropriation requests shall be developed from cost-based budgets in the way and at times prescribed by the President. The head of the agency shall use the costbased budget to administer the agency and to divide appropriations or amounts. (2) An officer or employee of an agency in the executive branch j^^y submit to the President or Congress a request for legislation authorizing deficiency or supplemental appropriations for the agency only with the approval of the head of the agency. (c) The head of an agency shall include with an appropriation request submitted to the President a report that the statement of obligations submitted with the request contains obligations consistent with section 1501 of this title. The head of the agency shall support the report with a certification of the consistency and shall support the certification with records showing that the amounts have been obligated. The head of the agency shall designate officials to make the certifications, and those officials may not delegate the duty to make the certifications. The certifications and records shall be kept in the agency— (1) in a form that makes audits and reconciliations easy; and (2) for a period necessary to carry out audits and reconciliations. (d) To the extent practicable, the head of an agency shall— (1) provide information supporting the agency's budget request for its missions by function and subfunction (including the mission of each organizational unit of the agency); and (2) relate the agency's programs to its missions. (e) Except as provided in subsection (f) of this section, an officer or employee of an agency (as defined in section 1101 of this title) may submit to Congress or a committee of Congress an appropriations estimate or request, a request for an increase in that estimate or request, or a recommendation on meeting the financial needs of the Government only when requested by either House of Congress. (f) The Interstate Commerce Commission shall submit to Congress copies of budget estimates, requests, and information (including personnel needs), legislative recommendations, prepared testimony for congressional hearings, and comments on legislation at the same time they are sent to the President or the Office of Management and Budget. An officer of an agency may not impose conditions on or impair communication by the Commission with Congress, or a committee or member of Congress, about the information.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/955

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 913

(g) Amounts available under law are available for field examinations of appropriation estimates. The use of the amounts is subject only to regulations prescribed by the appropriate standing committees of Congress. § 1109. Current programs and activities estimates (a) Before November 11 of each year, 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 January 1 of each year. § 1110. Year-ahead requests for authorizing legislation A request to enact legislation authorizing new budget authority to continue a program or activity for a fiscal year shall be submitted to Congress before May 16 of the year before the year in which the fiscal year begins. If a new program or activity will continue for more than one year, the request must be submitted for at least the first and 2d fiscal years. § 1111. Improving economy and efficiency To improve economy and efficiency in the United States Government, the President shall— (1) make a study of each agency to decide, and may send Study. 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. § 1112. Fiscal, budget, and program information (a) In this section, "agency" means a department, agency, or "Agency." instrumentality of the United States Government except a mixedownership Government corporation. (b) In cooperation with the Comptroller General, the Secretary of the Treasury and the Director of the Office of Management and

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Page:United States Statutes at Large Volume 96 Part 1.djvu/956

 96 STAT. 914

Report to Congress.

PUBLIC LAW 97-258—SEPT. 13, 1982 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 clsissifications 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 g^jj^j 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. § 1113. Congressional information (a) When requested by a committee of Congress haying jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (b) When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and

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Page:United States Statutes at Large Volume 96 Part 1.djvu/957

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 915

(3) provide a program evaluation carried out or commissioned by an executive agency. (c) In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory. (d) To the extent they consider necessary, the Comptroller General and the Director of the Congressional Budget Office individually or jointly shall establish and maintain a file of information to meet recurring needs of Congress for fiscal, budget, and program information to carry out this section and sections 717 and 1112 of this title. The file shall include information on budget requests, congressional authorizations to obligate and expend, apportionment and reserve actions, and obligations and expenditures. The Comptroller General and the Director shall maintain the file and an index to the file so that it is easier for the committees and agencies of Congress to use the file and index through data processing and communications techniques. (e)(1) The Comptroller General shall— (A) carry out a continuing program to identify the needs of committees and members of Congress for fiscal, budget, and program information to carry out this section and section 1112 of this title; (B) assist committees of Congress in developing their information needs; (C) monitor recurring reporting requirements of Congress and committees; and (D) make recommendations to Congress and committees for changes and improvements in those reporting requirements to meet information needs identified by the Comptroller General, to improve their usefulness to congressional users, and to eliminate unnecessary reporting. (2) Before September 2 of each year, the Comptroller General shall Report to report to Congress on— Congress. (A) the needs identified under paragraph (I)(A) of this subsection; (B) the relationship of those needs to existing reporting requirements; (C) the extent to which reporting by the executive branch of the United States Government currently meets the identified needs; (D) the changes to standard classifications necessary to meet congressional needs; (E) activities, progress, and results of the program of the Comptroller General under paragraph (1)(B)-(D) of this subsection; and (F) progress of the executive branch in the prior year.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/958

 96 STAT. 916 Report to Congress.

PUBLIC LAW 97-258—SEPT. 13, 1982 (3) Before March 2 of each year, the Director of the Office of Management and Budget and the Secretary shall report to Congress on plans for meeting the needs identified under paragraph (I)(A) of this subsection, including— (A) plans for carrying out changes to classifications to meet information needs of Congress; (B) the status of information systems in the prior year; and (C) the use of standard classifications. § 1114. Budget information on consulting services (a) The head of each agency shall include in the budget justification for the agency submitted each year to the Committees on Appropriations of both Houses of Congress— (1) amounts requested for consulting services; (2) the appropriation accounts from which the amounts are to be paid; and (3) a description of the need for the consulting services, including a list of the major programs requiring those services. (b) The Inspector General or comparable official of each agency shall submit to Congress each year, with the budget justification for the agency, an evaluation of the progress of the agency in establishing effective management controls and improving the accuracy and completeness of the information provided to the Federal Procurement Data System on contracts for consulting services. If the agency does not have an Inspector General or comparable official, the head of the agency or officer or employee designated by the head of the agency shall submit the evaluation. CHAPTER 13—APPROPRIATIONS SUBCHAPTER I—GENERAL Sec. 1301. 1302. 1303. 1304. 1305. 1306. 1307. 1308. 1309. 1310. 1321. 1322. 1323. 1324. 1341. 1342. 1343. 1344. 1345. 1346v 1347. 1348.

Application. Determining amounts appropriated. Effect of changes in titles of appropriations. Judgments, awards, and compromise settlements. Miscellaneous permanent appropriations. Use of foreign credits. Public building construction. Telephone and metered services. Social security tax. Appropriations for private organizations. SUBCHAPTER H—TRUST FUNDS AND REFUNDS Trust funds. Payments of unclaimed trust fund amounts and refund of amounts erroneously deposited. Trust funds for certain fees, donations, quasi-public amounts, and unearned amounts. Refund of internal revenue collections. SUBCHAPTER III—LIMITATIONS, EXCEPTIONS, AND PENALTIES Limitations on expending and obligating amounts. Limitation on voluntary services. Buying and leasing passenger motor vehicles and aircraft. Passenger motor vehicle and aircraft use. Expenses of meetings. Commissions, councils, boards, and interagency and similar groups. Appropriations or authorizations required for agencies in existence for more than one year. Telephone installation and charges.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/959

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 917

Sec. 1349. Adverse personnel actions. 1350. Criminal penalty. 1351. Reports on violations.

SUBCHAPTER I—GENERAL §1301. Application (a) Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law. (b) The reappropriation and diversion of the unexpended balance of an appropriation for a purpose other than that for which the appropriation originally was made shall be construed and accounted for as a new appropriation. The unexpended balance shall be reduced by the amount to be diverted. (c) An appropriation in a regular, annual appropriation law may be construed to be permanent or available continuously only if the appropriation— (1) is for rivers and harbors, lighthouses, public buildings, or the pay of the Navy and Marine Corps; or (2) expressly provides that it is available after the fiscal year covered by the law in which it appears. (d) A law may be construed to make an appropriation out of the Treasury or to authorize making a contract for the payment of money in excess of an appropriation only if the law specifically states that an appropriation is made or that such a contract may be made. § 1302. Determining amounts appropriated Except as specifically provided by law, the total amount appropriated in an appropriation law is determined by adding up the specific amounts or rates appropriated in each paragraph of the law. § 1303. Effect of changes in titles of appropriations Expenditures for a particular object or purpose authorized by a law (and referred to in that law by the specific title previously used for the appropriation item in the appropriation law concerned) may be made from a corresponding appropriation item when the specific title is changed or eliminated from a later appropriation law. § 1304. Judgments, awards, and compromise settlements (a) Necessary amounts are appropriated to pay final judgments, awards, compromise settlements, and interest and costs specified in the judgments or otherwise authorized by law when— (1) payment is not otherwise provided for; (2) payment is certified by the Comptroller General; and (3) the judgment, award, or settlement is payable— (A) under section 2414, 2517, 2672, or 2677 of title 28; 28 USC 2414 (B) under section 3723 of this title; 2517, 2672, 2677. (C) under a decision of a board of contract appeals; or (D) in excess of an amount payable from the appropriations of an agency for a meritorious claim under section 2733 or 2734 of title 10, section 715 of title 32, or section 203 lo use 2733, of the National Aeronautics and Space Act of 1958 (42 oo%o^-7ic U.S.C. 2473). ^^ ^^ ^^^• (b)(1) Interest may be paid from the appropriation made by this section—

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Page:United States Statutes at Large Volume 96 Part 1.djvu/960

 96 STAT. 918 28 USC 2411.

28 USC 2516.

28 USC 2414, 2517, 2518,

31 USC 711.

PUBLIC LAW 97-258—SEPT. 13, 1982 (A) on a judgment of a district court under section 241inbj of title 28, 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 Comptroller General through the day before the date of the mandate of affirmance; or (B) on a judgment of the Court of Claims under section 2516(b) of title 28, only from the date of filing of the transcript of the judgment with the Comptroller General 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 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. § 1305. Miscellaneous permanent appropriations Necessary amounts are appropriated for the following: (1) to pay the proceeds of the personal estate of a United States citizen dying abroad to the legal representative of the deceased on proper demand and proof. (2) to pay interest on the public debt under laws authorizing payment. (3) to pay proceeds from derelict and salvage Cases adjudged by the courts of the United States to salvors. (4) to make payments required under contracts made under section 108 of the Housing and Community Development Act of 1974 (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 for the construction of buildings and expenses of the Smithsonian Institution, at 6 percent on the fund derived from the bequest of James Smithson. § 1306. Use of foreign credits Foreign credits owed to or owned by the Treasury are not available for expenditure by agencies except as provided annually in general appropriation laws. § 1307. Public building construction Amounts appropriated to construct public buildings remain available until completion of the work. When a building is completed and

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Page:United States Statutes at Large Volume 96 Part 1.djvu/961

 PUBLIC LAW 97-258—SEPT. 13, 1982 outstanding liabilities for the construction are paid, balances remaining shall revert immediately to the Treasury. § 1308. Telephone and metered services Charges for telephone and metered services (such as gas, electricity, water, and steam) for a time period beginning in one fiscal year or allotment period and ending in another fiscal year or allotment period may be charged against the appropriation or allotment current at the end of the time period covered by the service. § 1309. Social security tax Amounts made available for the compensation of officers and employees of the United States Government may be used to pay taxes imposed on an agency as an employer under chapter 21 of the Internal Revenue Code of 1954 (26 U.S.C. 3101 et seq.). § 1310. Appropriations for private organizations (a) The Secretary of the Treasury shall credit an appropriation for a private organization to the appropriate fiscal official of the organization. The credit shall be carried on the accounts of— (1) the Treasury; or (2) a designated depositary of the United States Government (except a national bank). (b) The fiscal official may pay an amount out of the appropriation only on a check of the fiscm 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. SUBCHAPTER II—TRUST FUNDS AND REFUNDS § 1321. Trust funds (a) The following are classified as trust funds: (1) Philippine special fund (customs duties). (2) Philippine special fund (internal revenue). (3) Unclaimed condemnation awards, Department of the Treasury. (4) Naval reservation, Olangapo civil fund. (5) Personal funds of deceased inmates, Naval Home. (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) Librarj' of Congress trust fund, income from investment account. (11) Library of Congress trust fund, permanent loan.

97-200 O—84—pt. 1

31: QL3

96 STAT. 919

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Page:United States Statutes at Large Volume 96 Part 1.djvu/962

 96 STAT. 920

PUBLIC LAW 97-258—SEPT. 13, 1982 (12) Relief and rehabilitation, Longshoremen's 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) Indiein 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 decesised 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, Veterans' Administration. (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.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/963

 PUBLIC LAW 97-258—SEPT. 13, 1982 (53) Unclaimed condemnation awards, National Capital Park and Planning Commission, District of Columbia. (54) Unclaimed condemnation awards, Rock Creek and Potomac Parkway Commission, District of Columbia. (55) Miscellaneous trust fund deposits. District of Columbia. (56) Surplus fund. District of Columbia. (57) Relief and rehabilitation. District of Columbia Workmen's Compensation Act. (58) Inmates' fund, workhouse and reformatory, District of Columbia. (59) Soldiers' Home, permanent fund. (60) Chamber Music Auditorium, Library of Congress. (61) Bequest of Gertrude Hubbard. (62) Puerto Rico special fund (Internal Revenue). (63) Miscellaneous trust funds, Department of State. (64) Funds contributed for improvement of (name of river or harbor). (65) Funds advanced for improvement of (name of river or harbor). (66) Funds contributed for Indian projects. (67) Miscellaneous trust funds of Indian tribes. (68) Ship's stores profits. Navy. (69) Completing Surveys within Railroad Land Grants. (70) Memorial to Women of World War, contributions. (71) Funds contributed for Memorial to John Ericsson. (72) American National Red Cross Building, contributions. (73) Estate of decedents. Department of State, Trust Fund. (74) Funds due Incompetent Beneficiaries, Veterans' Administration. (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) Soldiers' Home, interest account. (82) Post-Vietnam Era Veterans Education Account, Veterans' Administration. (83) United States Government life insurance fund, Veterans' Administration. (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. (b) 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

96 STAT. 921

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Page:United States Statutes at Large Volume 96 Part 1.djvu/964

 96 STAT. 922

PUBLIC LAW 97-258—SEPT. 13, 1982 deposited in an appropriate trust fund account in the Treasury. Amounts accruing to these funds (except to the trust fund "Soldiers' Home, Permanent Fund") are appropriated to be disbursed in compliance with the terms of the trust. Expenditures from the trust fund "Soldiers' Home, Permanent Fund" shall be made only under annual appropriations. Those appropriations are authorized to be made.

31 USC 725p ^^^-

§ 1322. Payments of unclaimed trust fund amounts and refund of amounts erroneously deposited (a) On September 30 of each year, the Secretary of the Treasury shall transfer to the Treasury trust fund receipt account "Unclaimed Moneys of Individuals Whose Whereabouts are Unknown" that part of the balance of a trust fund account named in section 1321(a)(l)-(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 perpetuity 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 section 1(a) of the Act of August 13, 1971 (Public Law 92-117, 85 Stat. 337). The Secretary shall use the balance to pay claims for Postal Savings System deposits without regard to the State law or the law of other jurisdictions of deposit about 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 because of payments made under paragraph (1) of this subsection. § 1323. Trust funds for certain fees, donations, quasi-public amounts, and unearned amounts (a) Amounts from the following sources held in checking accounts of disbursing officials shall be deposited in the Treasury to the appropriate trust fund receipt accounts: (1) unearned money, lands (Department of the Interior). (2) reentry permit fees (Department of Justice). (3) naturalization fees (Department of Justice). (4) registry fees (Department of Justice). (b) Amounts deposited under subsection (a) of this section are appropriated for refunds. Earned parts of those amounts shall be transferred and credited to the appropriate receipt fund accounts.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/965

 PUBLIC LAW 97-258—SEPT. 13, 1982 (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). § 1324. Refund of internal revenue collections (a) Necessary amounts are appropriated to the Secretary of the Treasury for refunding internal revenue collections as provided by law, including payment of— (1) claims for prior fiscal years; and (2) accounts arising under— (A) "Allowance or drawback (Internal Revenue)"; (B) "Redemption of stamps (Internal Revenue)"; (C) "Refunding legacy taxes. Act of March 30, 1928"; (D) "Repayment of taxes on distilled spirits destroyed by casualty"; and (E) "Refunds and payments of processing and related taxes". (b) Disbursements may be made from the appropriation made by this section only for— (1) refunds to the limit of liability of an individual tax account; and (2) refunds due from credit provisions of the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) enacted before January 1, 1978. SUBCHAPTER III—LIMITATIONS, EXCEPTIONS, AND PENALTIES § 1341. Limitations on expending and obligating amounts (a)(1) An officer or employee of the United States Government or of the District of Columbia government may not— (A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation; or (B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law. (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. § 1342. Limitation on voluntary services An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply

96 STAT. 923

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Page:United States Statutes at Large Volume 96 Part 1.djvu/966

 96 STAT. 924

5 USC 101.

PUBLIC LAW 97-258—SEPT. 13, 1982 to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. § 1343. Buying and leasing passenger motor vehicles and aircraft (a) In this section, buying a passenger motor vehicle or aircraft includes a transfer of the vehicle or aircraft between agencies. (b) An appropriation may be expended to buy or lease passenger motor vehicles only— - (1) for the use of— (A) the President; (B) the secretaries to the President; or (C) the heads of executive departments listed in section 101 of title 5; or (2) as specifically provided by law. (c)(1) Except as specifically provided by law, an agency may use an appropriation to buy a passenger motor vehicle (except a bus or ambulance) only at a total cost (except costs required only for transportation) that— (A) includes the price of systems and equipment the Administrator of General Services decides is incorporated customarily in standard passenger motor vehicles completely equipped for ordinary operation; (B) includes the value of a vehicle used in exchange; (C) is not more than the maximum price established by the agency having authority under law to establish a maximum price; and (D) is not more than the amount specified in a law. (2) Additional systems and equipment may be bought for a passenger motor vehicle if the Administrator decides the purchase is appropriate. The price of additional systems or equipment is not included in deciding whether the cost of the vehicle is within a maximum price specified in a law. (d) An appropriation (except an appropriation for the armed forces) is available to buy, maintain, or operate an aircraft only if the appropriation specifically authorizes the purchase, maintenance, or operation. (e) This section does not apply to— (1) bujring, maintaining, and repairing passenger motor vehicles by the United States Capitol Police; (2) buying, maintaining, and repairing vehicles necessary to carry out projects to improve, preserve, and protect rivers and harbors; or (3) leasing, maintaining, repairing, or operating motor passenger vehicles necessary in the field work of the Department of Agriculture. § 1344. Passenger motor vehicle and aircraft use (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 employ-

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 PUBLIC LAW 97-258—SEPT. 13, 1982 ment 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. § 1345. Expenses of meetings Except as specifically provided by law, an appropriation may not be used for travel, transportation, and subsistence expenses for a meeting. This section does not prohibit— (1) an agency from paying the expenses of an officer or employee of the United States Government carrying out an r. official duty; and (2) the Secretary of Agriculture from paying necessary expenses for a meeting called by the Secretary for 4-H Boys and Girls Clubs as part of the cooperative extension work of the Department of Agriculture. § 1346. Commissions, councils, boards, and interagency and similar groups (a) Except as provided in this section— (1) public money and appropriations are not available to pay— (A) the pay or expenses of a commission, council, board, or similar group, or a member of that group; (B) expenses related to the work or the results of work or action of that group; or (C) for the detail or cost of personal services of an officer or employee from an executive agency in connection with that group; and (2) an accounting or disbursing official, absent a special appropriation to pay the account or charge, may not allow or pay an account or charge related to that group. (b) Appropriations of an executive agency are available for the expenses of an interagency group conducting activities of interest common to executive agencies when the group includes a representative of the agency. The representatives receive no additional pay because of membership in the group. An officer or employee of an executive agency not a representative of the group may not receive additional pay for providing services for the group. (c) Subject to 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. § 1347. Appropriations or authorizations required for agencies in existence for more than one year (a) An agency in existence for more than one year may not use amounts otherwise available for obligation to pay its expenses without a specific appropriation or specific authorization by law. If the

96 STAT. 925

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Page:United States Statutes at Large Volume 96 Part 1.djvu/968

 96 STAT. 926

PUBLIC LAW 97-258—SEPT. 13, 1982 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. § 1348. Telephone installation and charges (a)(1) Except as provided in this section, appropriations are not available to install telephones in private residences or for tolls or other charges for telephone service from private residences. (2) Under regulations of the Secretary of State, appropriations may be used to install and pay for the use of telephones in residences owned or leased by the United States Government in foreign countries for the use of the Foreign Service. Subsection (b) of this section applies to long-distance calls made on those telephones. (b) 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. (c) 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. § 1349. Adverse personnel actions (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. § 1350. Criminal penalty 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. § 1351. Reports on violations If an officer or employee of an executive agency or an officer or employee of the District of Columbia government violates section

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Page:United States Statutes at Large Volume 96 Part 1.djvu/969

 PUBLIC LAW 97-258—SEPT. 13, 1982 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. CHAPTER 15—APPROPRIATION ACCOUNTING SUBCHAPTER I-GENERAL Sec. 1501. Documentary evidence requirement for Government obligations. 1502. Balances available. 1503. Comptroller General reports of amounts for which no accounting is made. 1511. 1512. 1513. 1514. 1515. 1516. 1517. 1518. 1519. 1531. 1532. 1533. 1534. 1535. 1536. 1537.

1551. 1552. 1553. 1554. 1555. 1556. 1557.

SUBCHAPTER II-APPORTIONMENT Definition and application. Apportionment and reserves. Officials controlling apportionments. Administrative division of apportionments. Authorized apportionments necessitating deficiency or supplemental appropriations. Exemptions. Prohibited obligations and expenditures. Adverse personnel actions. Criminal penalty. SUBCHAPTER III-TRANSFERS AND REIMBURSEMENTS Transfers of functions and activities. Withdrawal and credit. Transfers of appropriations for seilaries and expenses to carry out national defense responsibilities. Adjustments between appropriations. Agency agreements. Crediting payments from purchases between executive agencies. Services between the United States Government and the District of Columbia government. SUBCHAPTER IV-CLOSING ACCOUNTS Definitions and application. Procedure for appropriation accounts available for definite periods. Availability of appropriation accounts to pay obligations. Review of appropriation accounts. Withdrawal of unobligated balances of appropriations for indefinite periods. Comptroller General reports on appropriation accounts. Authorization to exempt.

SUBCHAPTER I—GENERAL § 1501. Documentary evidence requirement for Government obligations (a) An amount shall be recorded as an obligation of the United States Government only when supported by documentary evidence of— (1) a binding agreement between an agency and another person (including an agency) that is— (A) in writing, in a way and form, and for a purpose authorized by law; and (B) executed before the end of the period of availability for obligation of the appropriation or fund used for specific goods to be delivered, real property to be bought or leased, or work or service to be provided; (2) a loan agreement showing the amount and terms of repayment; (3) an order required by law to be placed with an agency;

96 STAT. 927

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Page:United States Statutes at Large Volume 96 Part 1.djvu/970

 96 STAT. 928

PUBLIC LAW 97-258—SEPT. 13, 1982 (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. § 1502. Balances available (a) The balance of an appropriation or fund limited for obligation to a definite period is available only for payment of expenses properly incurred during the period of availability or to complete contracts properly made within that period of availability and obligated consistent with 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. §1503. Comptroller General reports of amounts for which no accounting is made The Comptroller General shall make a special report each year to Congress on recommendations for changes in laws, that the Comptroller General believes may be in the public interest, about amounts— (1) for which no accounting is made to the Comptroller General; and (2) that are in— (A) accounts of the United States Government; or (B) the custody of an officer or employee of the Government if the Government is financially concerned. SUBCHAPTER II—APPORTIONMENT § 1511. Definition and application (a) In this subchapter, "appropriations" means— (1) appropriated amounts; (2) funds; and

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 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 929

(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. § 1512. Apportionment and reserves (a) Except as provided in this subchapter, an appropriation available for obligation for a definite period shall be apportioned to prevent obligation or expenditure at a rate that would indicate a necessity for a deficiency or supplemental appropriation for the period. An appropriation for an indefinite period and authority to make obligations by contract before appropriations shall be apportioned to achieve the most effective and economical use. An apportionment may be reapportioned under this section. (b)(1) An appropriation subject to apportionment is apportioned by— (A) months, calendar quarters, operating seasons, or other time periods; (B) activities, functions, projects, or objects; or (C) a combination of the ways referred to in clauses (A) and (B) of this paragraph. (2) The official designated in 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 rese.rved 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 Ante, p. 907. 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.). 31 USC 1322 note.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/972

 96 STAT. 930

PUBLIC LAW 97-258—SEPT. 13, 1982 (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. § 1513. Officials controlling apportionments (a) The official having administrative control of an appropriation available to the legislative branch, the judicial branch, the United States International Trade Commission, or the District of Columbia government that is required to be apportioned under 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. § 1514. Administrative division of apportionments (a) The official having administrative control of an appropriation available to the legislative branch, the judicial branch, the United States International Trade Commission, or the District of Columbia government, and, subject to the approval of the President, the head of each executive agency (except the Commission) shall prescribe by regulation a system of administrative control not inconsistent with accounting procedures prescribed under law. The system shall be designed to—

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 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 931

(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. § 1515. Authorized apportionments necessitating deficiency or supplemental appropriations (a) 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. (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. § 1516. Exemptions An official designated in section 1513 of this title to make apportionments may exempt from apportionment— ( D 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;

5 USC 5341.

Report to Congress.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/974

 96 STAT. 932

PUBLIC LAW 97-258—SEPT. 13, 1982 (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.).

Report to President and ongress.

§ 1517. Prohibited obligations and expenditures (a) An officer or employee of the United States Government or of the District of Columbia government may not make or authorize an expenditure or obligation exceeding— (1) an apportionment; or (2) the amount permitted by regulations prescribed under 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. § 1518. Adverse personnel actions 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. § 1519. Criminal penalty 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. SUBCHAPTER III—TRANSFERS AND REIMBURSEMENTS § 1531. Transfers of functions and activities (a) The balance of an appropriation available and necessary to finance or discharge a function or activity transferred or assigned under law within an executive agency or from one executive agency to another may be transferred to and used— (1) by the organizational unit or agency to which the function or activity was transferred or assigned; and (2) for a purpose for which the appropriation was originally available. (b) The head of the executive agency determines the amount that, with the approval of the President, is necessary to be transferred when the transfer or assignment of the function or activity is within the agency. The President determines the amount necessary to be transferred when the transfer or assignment of the function or activity is from one executive agency to another. (c) A balance transferred under this section is— (1) credited to an applicable existing or new appropriation account; (2) merged with the amount in an account to which the balance is credited; and

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 PUBLIC LAW 97-258—SEPT. 13, 1982 (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. § 1532. Withdrawal and credit An amount available under law may be withdrawn from one appropriation account and credited to another or to a working fund only when authorized by law. Except as specifically provided by law, an amount authorized to be withdrawn and credited is available for the same purpose and subject to the same limitations provided by the law appropriating the amount. A withdrawal and credit is made by check and without a warrant. § 1533. Transfers of appropriations for salaries and expenses to carry out national defense responsibilities An appropriation of an executive agency for salaries and expenses is available to carry out national defense responsibilities assigned to the agency under law. A transfer necessary to carry out this section may be made between appropriations or allocations within the executive agency. An allocation may not be made to an executive agency that can carry out with its regular personnel a defense activity assigned to it by using the authority of this section to realign its regular programs. § 1534. Adjustments between appropriations (a) An appropriation available to an agency may be charged at any time during a fiscal year for the benefit of another appropriation available to the agency to pay costs— (1) when amounts are available in both the appropriation to be charged and the appropriation to be benefited; and (2) subject to limitations applicable to the appropriations. (b) Amounts paid under this section are charged on a final basis during, or as of the close of, the fiscal year to the appropriation benefited. The appropriation charged under subsection (a) of this section shall be appropriately credited. § 1535. Agency agreements (a) The head of an agency or major organizational unit within an agency may place an order with a major organizational unit within the same agency or another agency for goods or services if— (1) amounts are available; (2) the head of the ordering agency or unit decides the order is in the best interest of the United States Government; (3) the agency or unit to fill the order is able to provide the ordered goods or services; and (4) the head of the agency decides ordered goods or services cannot be provided as conveniently or cheaply by a commercial enterprise. (b) Notwithstanding subsection (a)(3) of this section, the Secretary of Defense, the Secretary of a military department of the Department of Defense, the Secretary of Transportation in carrying out duties and powers related to aviation and the Coast Guard, the Secretary of the Treasury, the Administrator of General Services, and the Administrator of the Maritime Administration may place

96 STAT. 933

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PUBLIC LAW 97-258—SEPT. 13, 1982 orders under this section for goods and services that an agency or unit filling the order may be able to provide or procure by contract. (c) Payment shall be made promptly by check on the written request of the agency or unit filling the order. Payment may be in advance or on providing the goods or services ordered and shall be for any part of the estimated or actual cost as determined by the agency or unit filling the order. A bill submitted or a request for payment is not subject to audit or certification in advance of payment. Proper adjustment of amounts paid in advance shall be made as agreed to by the heads of the agencies or units on the basis of the actual cost of goods or services provided. (d) An order placed or agreement made under this section obligates an appropriation of the ordering agency or unit. The amount obligated is deobligated to the extent that the agency or unit filling the order has not incurred obligations, before the end of the period of availability of the appropriation, in— (1) providing goods or services; or (2) making an authorized contract with another person to provide the requested goods or services. (e) This section does not— (1) authorize orders to be placed for goods or services to be provided by convict labor; or (2) affect other laws about working funds. § 1536. Crediting payments from purchases between executive agencies (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 Eunount 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. § 1537. Services between the United States Government and the District of Columbia government (a) To prevent duplication and to promote efficiency and economy, an officer or employee of— (1) the United States Government may provide services to the District of Columbia government; and (2) the District of Columbia government may provide services to the United States Government. (b)(1) Services under this section shall be provided under an agreement— (A) negotiated by officers and employees of the two governments; and

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 PUBLIC LAW 97-258—SEPT. 13, 1982 (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 Executive Protective Service on a non-reimbursable basis in carrying out their protective duties under section 302 of title 3 and section 3056 of title 18. SUBCHAPTER IV-CLOSING ACCOUNTS § 1551. DeHnitions and application (a) In this subchapter— (1) an obligated balance of an appropriation account as of the end of a fiscal year is the amount of unliquidated obligations applicable to the appropriation less amounts collectible as repayments to the appropriation. (2) an unobligated balance is the difference between the obligated balance and the total unexpended balance. (b) This subchapter does not apply to— (1) appropriations for the District of Columbia government; or (2) appropriations to be disbursed by the Secretary of the Senate or the Clerk of the House of Representatives. § 1552. Procedure for appropriation accounts available for deHnite periods (a) Each appropriation account available for obligation for a definite period is closed as follows: (1) The obligated balance is transferred on September 30th of the 2d fiscal year after the period of availability ends to an appropriation account of the agency responsible for paying the obligation. Amounts transferred from all appropriation accounts for the same general purpose are merged in the account for paying obligations. (2) The unobligated balance is withdrawn at the end of the period of availability for obligation and reverts to the Treasury or, if derived only from a special or trust fund and not otherwise

96 STAT. 935

3 USC 302.

18 USC 305(5.

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PUBLIC LAW 97-258—SEPT. 13, 1982 provided, reverts to the fund from which derived. The withdrawal shall be made not later than the November 15 occurring after the period of availability ends. When the head of the agency decides that part of a withdrawn unobligated balance is required to pay obligations and make adjustments, that part may be restored to the appropriate account. (b) Collections authorized to be credited to an appropriation, but not received before the transfer of the obligated balance under subsection (a)(1) of this section, are credited to the account into which the obligated balance was transferred. However, collections made by the Comptroller General for other agencies may be deposited in the Treasury as miscellaneous receipts. (c) A withdrawal made under subsection (a)(2) of this section is accounted for and reported as of the fiscal year in which the appropriation concerned expires for obligation. (d) The obligated balance of an appropriation made available for obligation for a definite period under a discontinued appropriation heading may be merged at the end of the 2d complete fiscal year after the fiscal year for which an appropriation is available for obligation— (1) in the appropriation accounts provided under subsection (a) of this section; or (2) in other accounts established under this subchapter for discontinued appropriations of the agency responsible for paying the obligations. § 1553. Availability of appropriation accounts to pay obligations (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. § 1554. Review of appropriation accounts (a) The head of each agency shall review at least once a fiscal year each appropriation account established for the agency under section 1552 of this title. If the undisbursed balance is more than the obligated balance in the account, the excess shall be withdrawn in the way provided in section 1552(a)(2) of this title. If the obligated balance is more than the undisbursed balance, the excess may be restored to the account in an amount that is not more than the remaining unobligated balances of the appropriations available for the same general purposes. Before restoring an amount, the head of the agency shall make a report on the restoration as may be required by the President. (b) The review required under subsection (a) of this section shall be made as of the end of each fiscal year. A withdrawal or restoration under this section shall be made not later than December 31 of the following fiscal year. However, a withdrawal or restoration is accounted for and reported as of the close of the fiscal year to which

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96 STAT. 937

the review relates. A review made as of any other date for which a withdrawal or restoration is made after December 31 shall be accounted for and reported as transactions of the fiscal year in which made. § 1555. Withdrawal of unobligated balances of appropriations for indefinite periods (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. § 1556. Comptroller General reports on appropriation accounts (a) In carrying out audit responsibilities, the Comptroller General shall report on operations under this subchapter to— (1) the head of the agency concerned; (2) the Secretary of the Treasury; and (3) the President. (b) A report under this section shall include an appraisal of unpaid obligations under 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 tWs title that the report shows is necessary. §1557. Authorization to exempt 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.

SUBTITLE III—FINANCIAL MANAGEMENT CHAPTER

31 33.' 35. 37.

PUBLIC DEBT DEPOSITING, IffiEPINaAND P A ^ G M^ ACCOUNTING AND COLLECTION CLAIMS

CHAPTER 31—PUBLIC DEBT SUBCHAPTER I—BORROWING AUTHORITY Sec. 3101. 3102. 3103. 3104. 3105. 3106. 3107. 3108. 3109. 3110. 3111. 3112. 3113.

Public debt limit. Bonds. Notes. Certificates of indebtedness and Treasury bills. Savings bonds and savings certificates. Retirement and savings bonds. Increasing interest rates and investment yields on retirement bonds. Prohibition against circulation privilege. Tax and loss bonds. Sale of obligations of governments of foreign countries. New issue used to buy, redeem, or refund outstanding obligations. Sinking fund for retiring and cancelling bonds and notes. Accepting gifts.

Sec.

3101 3301 3501 3701

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PUBLIC LAW 97-258—SEPT. 13, 1982 SUBCHAPTER II—ADMINISTRATIVE Sec. 3121. 3122. 3123. 3124. 3125. 3126. 3127. 3128. 3129.

Procedure. Banks and trust companies as depositaries. Payment of obligations and interest on the public debt. Exemption from taxation. Relief for lost, stolen, destroyed, mutilated, or defaced obligations. Losses and relief from liability related to redeeming savings bonds and notes. Credit to officers, employees, and agents for stolen Treasury notes. Proof of death to support payment. Appropriation to pay expenses.

SUBCHAPTER I—BORROWING AUTHORITY

I

§ 3101. Public debt limit (a) In this section, the current redemption value of an obligation issued on a discount basis and redeemable before maturity at the option of its holder is deemed to be the face amount of the obligation. (b) The face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) may not be more than $400,000,000,000 outstanding at one time, subject to changes periodically made in that amount as provided by law through the congressional budget process described in Rule XLIX of the Rules of the House of Representatives or otherwise. (c) The face amount of beneficial interests and participations (except those held by their issuer) issued under section 302(c) of the National Housing Act (12 U.S.C. 1717(c)) from July 1, 1967, through June 30, 1968, and outstanding at any time shall be included in the amount taken into account in deciding whether the face amount requirement of subsection (b) of this section has been exceeded. This subsection does not require a change in the budgetary accounting for beneficial interests and participations. §3102. Bonds (a) With the approval of the President, the Secretary of the Treasury may borrow on the credit of the United States Government amounts necessary for expenditures authorized by law and may issue bonds of the Government for the amounts borrowed and may buy, redeem, and make refunds under section 3111 of this title. The Secretary may issue bonds authorized by this section to the public and to Government accounts at any annual interest rate and prescribe conditions under section 3121 of this title. However, the face amount of bonds issued under this section and held by the public with interest rates of more than 4,25 percent a year may not be more than $70,000,000,000. (b) The Secretary shall offer the bonds authorized under this section first as a popular loan under regulations of the Secretary that allow the people of the United States as nearly as possible an equal opportunity to participate in subscribing to the offered bonds. However, the bonds may be offered in a way other than as a popular loan when the Secretary decides the other way is in the public interest. (c)(1) When the Secretary decides it is in the public interest in making a bond offering under this section, the Secretary may—

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 PUBLIC LAW 97-258—SEPT. 13, 1982 (A) make full allotments on receiving applications for smaller amounts of bonds to subscribers applying before the closing date the Secretary sets for filing applications; (B) reject or reduce allotments on receiving applications filed after the closing date or for larger amounts; (C) reject or reduce allotments on receiving applications from incorporated banks and trust companies for their own account and make full allotments or increase allotments to other subscribers; and (D) prescribe a graduated scale of allotments. (2) The Secretary shall prescribe regulations applying to all popular loan subscribers similarly situated governing a reduction or increase of an allotment under paragraph (1) of this subsection. (d) The Secretary may make special arrangements for subscriptions from members of the armed forces. However, bonds issued to those members must be the same as other bonds of the same issue. (e) The Secretary may dispose of any part of a bond offering not taken and may prescribe the price and way of disposition. §3103. Notes (a) With the approval of the President, the Secretary of the Treasury may borrow on the credit of the United States Government amounts necessary for expenditures authorized by law and may issue notes of the Government for the amounts borrowed and may buy, redeem, and make refunds under section 3111 of this title. The Secretary may prescribe conditions under section 3121 of this title. Notwithstanding section 3121(a)(5) of this title, the payment date of each series of notes issued shall be at least one year but not more than 10 years from the date of issue. (b) The Government may redeem any part of a series of notes before maturity by giving at least 4 months' notice but not more than one year's notice. (c) The holder of a note of one series issued under this section with the same issue date as another series of notes issued under this section may convert, at par value, a note of the holder for a note of the other series. § 3104. Certificates of indebtedness and Treasury bills (a) The Secretary of the Treasury may borrow on the credit of the United States Government amounts necessary for expenditures authorized by law and may buy, redeem, and make refunds under section 3111 of this title. For amounts borrowed, the Secretary may issue— (1) certificates of indebtedness of the Government; and (2) Treasury bills of the Government. (b) The Secretary may prescribe conditions for issuing certificates of indebtedness and Treasury bills under section 3121 of this title and conditions under which the certificates and bills may be redeemed before maturity. Notwithstanding section 3121(a)(5) of this title, the payment date of certificates of indebtedness and Treasury bills may not be more than one year after the date of issue. (c) Treasury bills issued under this section may not be accepted before maturity to pay principal or interest on obligations of governments of foreign countries that are held by the United States Government.

96 STAT. 939

Regulations.

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PUBLIC LAW 97-258—SEPT. 13, 1982 § 3105. Savings bonds and savings certiflcates (a) With the approval of the President, the Secretary of the Treasury may issue savings bonds and savings certificates of the United States Government and may buy, redeem, and make refunds under section 3111 of this title. Proceeds from the bonds and certificates shall be used for expenditures authorized by law. Savings bonds and certificates may be issued on an interest-bearing basis, on a discount basis, or on an interest-bearing and discount basis. Savings bonds shall mature not more than 20 years from the date of issue. Savings certificates shall mature not more than 10 years from the date of issue. The difference between the price paid and the amount received on redeeming a savings bond or certificate is interest under the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.). (b)(1) Except as provided in paragraph (2) of this subsection, the interest rate on, and the issue price of, savings bonds and savings certificates and the conditions under which they may be redeemed may not give an investment yield of more than 5.5 percent a year compounded semiannually. The investment yield on a series E savings bond shall be at least 4 percent a year compounded semiannually beginning on the first day of the month beginning after the date of issuance of the bond and ending on the last day of the month before the date of redemption. (2) With the approval of the President, the Secretary may fix the investment yield for savings bonds at any percent a year compounded semiannually. However, the total of the increases in the yield that are effective for a 6-month period may not be more than one percent a year compounded semiannually. (3) With the approval of the President, the Secretary may prescribe regulations providing that owners of series E and H savings bonds may keep the bonds after maturity or after a period beyond maturity during which the bonds have earned interest and continue to earn interest at rates consistent with paragraph (1) of this subsection. However, series E and H savings bonds earning a higher rate of interest before the regulations are prescribed shall continue to earn a higher rate of interest consistent with paragraph (1). (c) The Secretary may prescribe for savings bonds and savings certificates issued under this section— (1) the form and amount of an issue and series; (2) the way in which they will be issued; (3) the conditions, including restrictions on transfer, to which they will be subject; (4) conditions governing their redemption; (5) their sales price and denominations (expressed in terms of the maturity value); (6) a way to evidence payments for or on account of them and to provide for the exchange of savings certificates for savings bonds; and (7) the maximum amount issued in a year that may be held by one person. (d) The Secretary may authorize financial institutions to make payments to redeem savings bonds and savings notes. A financial institution may be a paying agent only if the institution— (1) is incorporated under the laws of the United States, a State, the District of Columbia, or a territory or possession of the United States;

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