SUBTITLE I—GENERAL
Editorial Notes
Amendments
2004—
1990—
CHAPTER 1 —DEFINITIONS
§101. Agency
In this title, "agency" means a department, agency, or instrumentality of the United States Government.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 101 | (no source). |
The section is included to avoid the necessity for defining "agency" each time it is used in the revised title.
§102. Executive agency
In this title, "executive agency" means a department, agency, or instrumentality in the executive branch of the United States Government.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 102 | (no source). |
The section is included to avoid the necessity for defining "executive agency" each time it is used in the revised title.
§103. United States
In this title, "United States", when used in a geographic sense, means the States of the United States and the District of Columbia.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 103 | (no source). |
The section is included to avoid the necessity for defining "United States" each time it is used in the revised title.
CHAPTER 3 —DEPARTMENT OF THE TREASURY
SUBCHAPTER I—ORGANIZATION
SUBCHAPTER II—ADMINISTRATIVE
Editorial Notes
Amendments
2021—
2010—
2003—
2001—
1994—
1989—
1984—
1 So in original. Does not conform to section catchline.
SUBCHAPTER I—ORGANIZATION
§301. Department of the Treasury
(a) The Department of the Treasury is an executive department of the United States Government at the seat of the Government.
(b) The head of the Department is the Secretary of the Treasury. The Secretary is appointed by the President, by and with the advice and consent of the Senate.
(c) The Department has a Deputy Secretary of the Treasury appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall carry out—
(1) duties and powers prescribed by the Secretary; and
(2) the duties and powers of the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant.
(d) The Department has 2 Under Secretaries, an Under Secretary for Enforcement, and 2 Deputy Under Secretaries, appointed by the President, by and with the advice and consent of the Senate. The Department also has a Fiscal Assistant Secretary appointed by the Secretary and a Treasurer of the United States appointed by the President. They shall carry out duties and powers prescribed by the Secretary. The President may designate one Under Secretary as Counselor. When appointing each Deputy Under Secretary, the President may designate the Deputy Under Secretary as an Assistant Secretary.
(e) The Department has 8 Assistant Secretaries appointed by the President, by and with the advice and consent of the Senate. The Department shall have 2 Assistant Secretaries not subject to the advice and consent of the Senate who shall be the Assistant Secretary for Public Affairs, and the Assistant Secretary for Management. The Assistant Secretaries shall carry out duties and powers prescribed by the Secretary. The Assistant Secretaries appointed under this subsection are in addition to the Assistant Secretaries appointed under subsection (d) of this section.
(f)(1) The Department has a General Counsel appointed by the President, by and with the advice and consent of the Senate. The General Counsel is the chief law officer of the Department. Without regard to those provisions of title 5 governing appointment in the competitive service, the Secretary may appoint not more than 5 Assistant General Counsels. The Secretary may designate one of the Assistant General Counsels to act as the General Counsel when the General Counsel is absent or unable to serve or when the office of General Counsel is vacant. The General Counsel and Assistant General Counsels shall carry out duties and powers prescribed by the Secretary.
(2) The President may appoint, by and with the advice and consent of the Senate, an Assistant General Counsel who shall be the Chief Counsel for the Internal Revenue Service. The Chief Counsel is the chief law officer for the Service and shall carry out duties and powers prescribed by the Secretary.
(g) The Department shall have a seal.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 301(a) | 31:1001(words before 1st comma). | R.S. §233. |
| 301(b) | 31:1001(words after 1st comma). | |
| 301(c) | 31:1004(related to Deputy Secretary). | Feb. 17, 1922, ch. 55(related to appointment and duties of Deputy and Under Secretaries), |
| Jan. 3, 1923, ch. 22(related to appointment and duties of Deputy and Under Secretaries), |
||
| Apr. 4, 1924, ch. 84(related to appointment and duties of Deputy and Under Secretaries), |
||
| 31:1005. | Feb. 17, 1922, ch. 55(related to vacancy in office of Secretary of the Treasury), |
|
| Jan. 3, 1923, ch. 22(related to vacancy in office of Secretary of the Treasury), |
||
| Apr. 4, 1924, ch. 84(related to vacancy in office of Secretary of the Treasury), |
||
| 301(d) | 31:141. | R.S. §301. |
| 31:1004(related to Under Secretaries). | ||
| 31:1005a(1st–3d sentences). | May 18, 1972, |
|
| 5 App. | Reorg. Plan No. 3 of 1940, eff. June 30, 1940, §1(a)(7)(1st sentence), |
|
| 301(e) | 31:1005a(last sentence). | |
| 31:1006. | R.S. §234; July 11, 1890, ch. 667, §1(1st par. under heading "Treasury Department"), |
|
| 31:1007. | R.S. §245. | |
| 301(f)(1) | 26:7801(b)(1), (2)(last sentence), (3). | Aug. 16, 1954, ch. 736, §7801(b), |
| 31:1009. | May 10, 1934, ch. 277, §512(a), (c), |
|
| 301(f)(2) | 26:7801(b)(2)(1st, 2d sentences). | |
| 301(g) | 31:1010(related to seal). | R.S. §372(related to seal); May 10, 1934, ch. 277, §512(b), |
In subsection (a), the words "of the United States Government" are added for clarity.
In subsection (b), the words "The Secretary is appointed by the President, by and with the advice and consent of the Senate" are added to conform with clause 2, section 2, of article II of the Constitution.
In subsection (c), the words "carry out" and "duties and powers" are substituted for "perform" and "duties", respectively, for consistency in the revised title and with other titles of the United States Code. In clause (1), the words "in the Office of the Secretary" in 31:1004 are omitted as unnecessary because of the restatement and for consistency. Clause (2) is substituted for 31:1005 to eliminate unnecessary words and for consistency with other titles of the Code.
In subsection (d), the words "in accordance with the civil-service laws" in section 1(a)(7)(1st sentence) of Reorganization Plan No. 3 of 1940 (eff. June 30, 1940,
In subsection (e), the words "of the Treasury" in 31:1006 and 1007 are omitted for consistency with other titles of the Code and as being unnecessary. The words "examine letters, contracts, and warrants prepared for the signature of the Secretary of the Treasury" and "by law" in 31:1007 are omitted as superseded by the source provisions restated in section 321 of the revised title. The words "carry out" and "duties and powers" are substituted for "perform" and "duties", respectively, for consistency in the revised title and with other titles of the Code.
In subsection (f), the words "carry out" and "duties and powers" are substituted for "perform" and "duties", respectively, for consistency in the revised title and with other titles of the Code. The text of 26:7801(b)(3) is omitted as unnecessary because of 5:3101. The words "is absent or unable to serve or when the office of General Counsel is vacant" are substituted for "during the absence of" for clarity and consistency. The text of 31:1009(less (a)(6th sentence)) is omitted as superseded by 26:7801(b) as restated in this subsection.
In subsection (f)(1), the words "governing appointment in the competitive service" are substituted for "civil service laws" to conform to 5:2102.
In subsection (g), the words "The General Counsel . . . shall have charge" are omitted as superseded by the source provisions restated in subsection (b) of this section and section 321(c) of the revised title.
Editorial Notes
References in Text
The provisions of title 5 governing appointment in the competitive service, referred to in subsec. (f)(1), are classified generally to
Amendments
2012—Subsec. (d).
Subsec. (e).
2008—Subsec. (e).
2007—Subsec. (e).
2003—Subsec. (e).
1994—Subsec. (d).
1985—Subsec. (d).
1984—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
Effective Date of 2007 Amendment
Amendment by
Short Title of 2010 Amendment
Office of Secretary of the Treasury; Compensation
"(a)(1) Effective beginning on the date determined under paragraph (2), the compensation and other emoluments attached to the Office of Secretary of the Treasury shall be those that would then apply if
"(2) Paragraph (1) shall become effective on the later of—
"(A) the day after the date on which the individual holding the Office of Secretary of the Treasury on January 1, 1997, ceases to hold that office; or
"(B) the date of the enactment of this Act [Oct. 10, 1997].
"(3) Nothing in this subsection shall be considered to affect the compensation or emoluments due to any individual in connection with any period preceding the date determined under paragraph (2).
"(b) Subsection (b) of the first section of the public law referred to in subsection (a)(1) of this section shall not apply in the case of any appointment the consent of the Senate to which occurs on or after the date of the enactment of this Act.
"(c) This section shall not be limited (for purposes of determining whether a provision of this section applies or continues to apply) to fiscal year 1998."
Office of the Undersecretary for Enforcement
Compensation and Emoluments of Secretary of the Treasury at Level in Effect on January 1, 1989; Actions Challenging Appointment on Constitutional Grounds
"(1) the Ethics Reform Act of 1989 (
"(2) any other provision of law, or provision which has the force and effect of law, that is enacted or becomes effective during the period beginning at noon of January 3, 1989, and ending at noon of January 3, 1995.
"(b)(1) Any person aggrieved by an action of the Secretary of the Treasury may bring a civil action in the United States District Court for the District of Columbia to contest the constitutionality of the appointment and continuance in office of the Secretary of the Treasury on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States District Court for the District of Columbia shall have exclusive jurisdiction over such a civil action, without regard to the sum or value of the matter in controversy.
"(2) Any claim challenging the constitutionality of the appointment and continuance in office of the Secretary of the Treasury on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution, in an action brought under paragraph (1) shall be heard and determined by a panel of three judges in accordance with
"(3)(A) An appeal may be taken directly to the Supreme Court of the United States from any interlocutory or final judgment, decree, or order upon the validity of the appointment and continuance in office of the Secretary of the Treasury under article I, section 6, clause 2, of the Constitution, entered in any action brought under this subsection. Any such appeal shall be taken by a notice of appeal filed within 20 days after such judgment, decree, or order is entered.
"(B) The Supreme Court shall, if it has not previously ruled on the question presented by an appeal taken pursuant to subparagraph (A), accept jurisdiction over the appeal, advance the appeal on the docket, and expedite the appeal.
"(c) This joint resolution shall become effective at 12:00 p.m., January 20, 1993."
Duties and Functions of Department of the Treasury
Nothing in
Executive Documents
Order of Succession
For order of succession during any period when both Secretary and Deputy Secretary of the Treasury are unable to perform functions and duties of office of Secretary, see Ex. Ord. No. 13246, Dec. 18, 2001, 66 F.R. 66270, listed in a table under
§302. Treasury of the United States
The United States Government has a Treasury of the United States. The Treasury is in the Department of the Treasury.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 302 | 31:472. | R.S. §3591. |
The section is substituted for the source provisions to eliminate unnecessary words and because of subsequent laws and the restatement in the revised title about the authority of the Secretary of the Treasury and coins, currency, accounts, depositaries, and public debt of the United States Government.
§303. Bureau of Engraving and Printing
(a) The Bureau of Engraving and Printing is a bureau in the Department of the Treasury.
(b) The head of the Bureau is the Director of the Bureau of Engraving and Printing appointed by the Secretary of the Treasury. The Director—
(1) shall carry out duties and powers prescribed by the Secretary; and
(2) reports directly to the Secretary.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 303 | 31:171. | June 4, 1897, ch. 2, §1(4th proviso on p. 18), |
In subsection (a), the words "a bureau in the Department of the Treasury" are added for clarity and consistency in
In subsection (b), the first sentence is substituted for the words before the first comma because of the source provisions restated in section 321(c) of the revised title. Clause (1) is substituted for "subject to the direction of the Secretary of the Treasury" for consistency in the revised title and with other titles of the United States Code. The words "and be responsible" are omitted as being included in "reports directly to" and because of section 301 of the revised title.
§304. United States Mint
(a) The United States Mint is a bureau in the Department of the Treasury.
(b)(1) The head of the Mint is the Director of the Mint. The Director is appointed by the President, by and with the advice and consent of the Senate. The term of the Director is 5 years. The President may remove the Director from office. On removal, the President shall send a message to the Senate giving the reasons for removal.
(2) The Director shall carry out duties and powers prescribed by the Secretary of the Treasury.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 304(a) | 31:251(1st sentence less words after 1st comma). | R.S. §343(less 1st sentence words after 1st comma). |
| 304(b)(1) | 31:251(2d sentence words before comma, last sentence). | |
| 304(b)(2) | 31:251(2d sentence words after comma). |
In subsection (b)(1), the word "head" is substituted for "chief officer" in 31:251 for clarity and consistency in the revised title and with other titles of the United States Code. The word "is" is substituted for "shall be denominated" to eliminate unnecessary words.
In subsection (b)(2), the words "The Director shall carry out duties and powers prescribed by the Secretary of the Treasury" are substituted for "and shall be under the general direction of the Secretary of the Treasury" for clarity and consistency in the revised title.
Editorial Notes
Amendments
1992—
Subsec. (a).
Subsec. (b)(1).
§305. Federal Financing Bank
The Federal Financing Bank, established under section 4 of the Federal Financing Bank Act of 1973 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 305 | (no source). |
The section is included to provide in subchapter I of
§306. Fiscal Service
(a) The Fiscal Service is a service in the Department of the Treasury.
(b) The head of the Fiscal Service is the Fiscal Assistant Secretary appointed under
(c) The Fiscal Service has a—
(1) Bureau of Government Financial Operations, having as its head a Commissioner of Government Financial Operations; and
(2) Bureau of the Public Debt, having as its head a Commissioner of the Public Debt.
(d) The Secretary of the Treasury may designate another officer or employee of the Department to act as the Fiscal Assistant Secretary when the Fiscal Assistant Secretary is absent or unable to serve or when the office of Fiscal Assistant Secretary is vacant.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 306 | 5 App. | Reorg. Plan No. 3 of 1940, eff. June 30, 1940, §1(less (a)(7)(1st sentence), (d)), |
In subsection (a), the word "service" is substituted for "agency" in section 1(a)(1)(words before last comma) of Reorganization Plan No. 3 of 1940 (eff. June 30, 1940,
In subsection (b), the text of section 1(a)(7)(2d sentence) of Reorganization Plan No. 3 of 1940 is omitted because of the source provisions restated in section 301(d) of the revised title.
In subsection (c), the words "Office of the Fiscal Assistant Secretary" in section 1(a)(2) of Reorganization Plan No. 3 of 1940 are omitted as unnecessary and for consistency in
Subsection (d) is substituted for the text of section 1(a)(7)(last sentence) of Reorganization Plan No. 3 of 1940 for consistency in the revised title. The text of section 1(a)(5) and (6), (b), and (c) is omitted as superseded by the source provisions restated in section 321 of the revised title.
Editorial Notes
References in Text
The Bureau of Government Financial Operations, referred to in subsec. (c)(1), is now known as the Financial Management Service and has as its head a Commissioner of the Financial Management Service.
Amendments
2004—Subsec. (d).
Statutory Notes and Related Subsidiaries
Reimbursement of Financial Management Service and Bureau of the Public Debt
Similar provisions were contained in
§307. Office of the Comptroller of the Currency
The Office of the Comptroller of the Currency, established under section 324 of the Revised Statutes (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 307 | (no source). |
The section is included to provide in subchapter I of
§308. United States Customs Service
The United States Customs Service, established under section 1 of the Act of March 3, 1927 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 308 | (no source). |
The section is included to provide in subchapter I of
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
Executive Documents
Change of Name
Bureau of Customs redesignated United States Customs Service by Treasury Department Order 165–23, Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037.
§309. Office of Thrift Supervision
The Office of Thrift Supervision established under section 3(a) 1 of the Home Owners' Loan Act shall be an office in the Department of the Treasury.
(Added
Editorial Notes
References in Text
Section 3(a) of the Home Owners' Loan Act, referred to in text, which established the Office of Thrift Supervision, was classified to
Prior Provisions
A prior section 309 was renumbered
Amendments
1994—
Statutory Notes and Related Subsidiaries
Transfer of Functions
Office of Thrift Supervision abolished and functions transferred to the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency and the Comptroller of the Currency, and the Federal Deposit Insurance Corporation by
1 See References in Text note below.
§310. Financial Crimes Enforcement Network
(a)
(b)
(1)
(2)
(A) Advise and make recommendations on matters relating to financial intelligence, financial criminal activities, and other financial activities to the Under Secretary of the Treasury for Enforcement.
(B) Maintain a government-wide data access service, with access, in accordance with applicable legal requirements, to the following:
(i) Information collected by the Department of the Treasury, including report information filed under subchapter II of
(ii) Information regarding national and international currency flows.
(iii) Other records and data maintained by other Federal, State, local, and foreign agencies, including financial and other records developed in specific cases.
(iv) Other privately and publicly available information.
(C) Analyze and disseminate the available data in accordance with applicable legal requirements and policies and guidelines established by the Secretary of the Treasury and the Under Secretary of the Treasury for Enforcement to—
(i) identify possible criminal activity to appropriate Federal, State, local, Tribal, and foreign law enforcement agencies;
(ii) support ongoing criminal financial investigations and prosecutions and related proceedings, including civil and criminal tax and forfeiture proceedings;
(iii) identify possible instances of noncompliance with subchapter II of
(iv) evaluate and recommend possible uses of special currency reporting requirements under section 5326;
(v) determine emerging trends and methods in money laundering and other financial crimes;
(vi) support the conduct of intelligence or counterintelligence activities, including analysis, to protect against terrorism; and
(vii) support government initiatives against money laundering.
(D) Establish and maintain a financial crimes communications center to furnish law enforcement authorities with intelligence information related to emerging or ongoing investigations and undercover operations.
(E) Furnish research, analytical, and informational services to financial institutions, appropriate Federal regulatory agencies with regard to financial institutions, and appropriate Federal, State, local, Tribal, and foreign law enforcement authorities, in accordance with policies and guidelines established by the Secretary of the Treasury or the Under Secretary of the Treasury for Enforcement, in the interest of detection, prevention, and prosecution of terrorism, organized crime, money laundering, and other financial crimes.
(F) Assist Federal, State, local, Tribal, and foreign law enforcement and regulatory authorities in combatting the use of informal, nonbank networks and payment and barter system mechanisms that permit the transfer of funds or the equivalent of funds without records and without compliance with criminal and tax laws.
(G) Provide computer and data support and data analysis to the Secretary of the Treasury for tracking and controlling foreign assets.
(H) Coordinate with financial intelligence units in other countries on anti-terrorism and anti-money laundering initiatives, and similar efforts.
(I) Administer the requirements of subchapter II of
(J) Promulgate regulations under section 5318(h)(4)(D), as appropriate, to implement the government-wide anti-money laundering and countering the financing of terrorism priorities established by the Secretary of the Treasury under section 5318(h)(4)(A).
(K) Communicate regularly with financial institutions and Federal functional regulators that examine financial institutions for compliance with subchapter II of
(L) Give and receive feedback to and from financial institutions, State bank supervisors, and State credit union supervisors (as those terms are defined in section 6003 of the Anti-Money Laundering Act of 2020) regarding the matters addressed in subchapter II of
(M) Maintain money laundering and terrorist financing investigation financial experts capable of identifying, tracking, and analyzing financial crime networks and identifying emerging threats to support Federal civil and criminal investigations.
(N) Maintain emerging technology experts to encourage the development of and identify emerging technologies that can assist the United States Government or financial institutions in countering money laundering and the financing of terrorism.
(O) Such other duties and powers as the Secretary of the Treasury may delegate or prescribe.
(c)
(1) for the coordinated and efficient transmittal of information to, entry of information into, and withdrawal of information from, the data maintenance system maintained by FinCEN, including—
(A) the submission of reports through the Internet or other secure network, whenever possible;
(B) the cataloguing of information in a manner that facilitates rapid retrieval by law enforcement personnel of meaningful data; and
(C) a procedure that provides for a prompt initial review of suspicious activity reports and other reports, or such other means as the Secretary may provide, to identify information that warrants immediate action; and
(2) in accordance with
(A) who is to be given access to the information maintained by FinCEN;
(B) what limits are to be imposed on the use of such information; and
(C) how information about activities or relationships which involve or are closely associated with the exercise of constitutional rights is to be screened out of the data maintenance system.
(d)
(1)
(2)
(A) effectively and efficiently combat money laundering, terrorism financing, organized crime, and other financial crimes, including by promoting innovation and technical advances in reporting—
(i) under subchapter II of
(ii) with respect to other anti-money laundering requirements;
(B) protect the financial system from illicit use; and
(C) promote national security.
(3)
(A)
(i) an analysis of the efforts undertaken by the FinCEN Exchange, which shall include an analysis of—
(I) the results of those efforts; and
(II) the extent and effectiveness of those efforts, including any benefits realized by law enforcement agencies from partnering with financial institutions and other relevant private sector entities, which shall be consistent with standards protecting sensitive information; and
(ii) any legislative, administrative, or other recommendations the Secretary may have to strengthen the efforts of the FinCEN Exchange.
(B)
(4)
(A) in compliance with all other applicable Federal laws and regulations;
(B) in such a manner as to ensure the appropriate confidentiality of personal information; and
(C) at the discretion of the Director, with the appropriate Federal functional regulator, as defined in section 6003 of the Anti-Money Laundering Act of 2020.
(5)
(A)
(B)
(i)
(ii)
(6)
(e)
(1)
(2)
(f)
(1)
(2)
(g)
(1)
(A) report directly to the Director; and
(B) be appointed by the Director, from among individuals with experience or familiarity with anti-money laundering program examinations, supervision, and enforcement.
(2)
(3)
(4)
(A) report to the Chief Domestic Liaison;
(B) each be assigned to focus on a specific region of the United States; and
(C) be located at an office in such region or co-located at an office of the Board of Governors of the Federal Reserve System in such region.
(5)
(A)
(i) in coordination with relevant Federal functional regulators, perform outreach to BSA officers at financial institutions, including nonbank financial institutions, and persons that are not financial institutions, especially with respect to actions taken by FinCEN that require specific actions by, or have specific effects on, such institutions or persons, as determined by the Director;
(ii) in accordance with applicable agreements, receive feedback from financial institutions and examiners of Federal functional regulators regarding their examinations under the Bank Secrecy Act and communicate that feedback to FinCEN, the Federal functional regulators, and State bank supervisors;
(iii) promote coordination and consistency of supervisory guidance from FinCEN, the Federal functional regulators, State bank supervisors, and State credit union supervisors regarding the Bank Secrecy Act;
(iv) act as a liaison between financial institutions and their Federal functional regulators, State bank supervisors, and State credit union supervisors with respect to information sharing matters involving the Bank Secrecy Act and regulations promulgated thereunder;
(v) establish safeguards to maintain the confidentiality of communications between the persons described in clause (ii) and the Office of Domestic Liaison;
(vi) to the extent practicable, periodically propose to the Director changes in the regulations, guidance, or orders of FinCEN, including any legislative or administrative changes that may be appropriate to ensure improved coordination and expand information sharing under this paragraph; and
(vii) perform such other duties as the Director determines to be appropriate.
(B)
(6)
(7)
(A)
(B)
(i) appropriate statistical information and full and substantive analysis;
(ii) information on steps that the Office of Domestic Liaison has taken during the reporting period to address feedback received by financial institutions and examiners of Federal functional regulators relating to examinations under the Bank Secrecy Act;
(iii) recommendations to the Director for such administrative and legislative actions as may be appropriate to address information sharing and coordination issues encountered by financial institutions or examiners of Federal functional regulators; and
(iv) any other information, as determined appropriate by the Director.
(C)
(D)
(i)
(ii)
(I) sensitive information obtained by a law enforcement agency; and
(II) classified information.
(E)
(8)
(h)
(1)
(A) be knowledgeable about domestic or international anti-money laundering or countering the financing of terrorism laws and regulations;
(B) possess a technical understanding of the Bank Secrecy Act, the protocols of the Egmont Group of Financial Intelligence Units, and the Financial Action Task Force and the recommendations issued by that Task Force;
(C) be co-located in a United States embassy, a similar United States Government facility, or a foreign government facility, as appropriate;
(D) facilitate capacity building and perform outreach with respect to anti-money laundering and countering the financing of terrorism regulatory and analytical frameworks;
(E) establish and maintain relationships with officials from foreign intelligence units, regulatory authorities, ministries of finance, central banks, law enforcement agencies, and other competent authorities;
(F) participate in industry outreach engagements with foreign financial institutions and other commercial actors on anti-money laundering and countering the financing of terrorism issues;
(G) coordinate with representatives of the Department of Justice at United States Embassies who perform similar functions on behalf of the United States Government; and
(H) perform such other duties as the Director determines to be appropriate.
(2)
(A) the rate of compensation paid to a Foreign Service officer at a comparable career level serving at the same embassy or facility, as applicable; or
(B) the rate of compensation that the Liaison would have otherwise received.
(i)
(1)
(A)
(B)
(i) receipt and analysis of suspicious transaction reports and other information relevant to money laundering, associated predicate offenses, and the financing of terrorism; and
(ii) the dissemination of the results of the analysis described in clause (i).
(C)
(2)
(A)
(B)
(i)
(ii)
(C)
(i)
(ii)
(3)
(j)
(1)
(2)
(k)
(1)
(2)
(3)
(4)
(5)
(l)
(1)
(A) $136,000,000 for fiscal year 2021;
(B) $60,000,000 for fiscal year 2022; and
(C) $35,000,000 for each of fiscal years 2023 through 2026.
(2)
(A) BSA
(B)
(C)
(D)
(E)
(Added
Editorial Notes
References in Text
Section 21 of the Federal Deposit Insurance Act, referred to in subsec. (b)(2)(B)(i), (C)(iii), (I), is classified to
Section 6003 of the Anti-Money Laundering Act of 2020, referred to in subsecs. (b)(2)(L), (d)(4)(C), (g)(8), and (k)(1), is section 6003 of
The Right to Financial Privacy Act of 1978, referred to in subsec. (c)(2), is title XI of
Section 362 of
The date of enactment of this subsection, referred to in subsecs. (d)(3)(A) and (g)(7)(A), is the date of enactment of
Prior Provisions
A prior section 310 was renumbered
Amendments
2021—Subsec. (b)(2)(C)(i).
Subsec. (b)(2)(C)(iv).
Subsec. (b)(2)(E), (F).
Subsec. (b)(2)(J) to (O).
Subsec. (d).
Subsec. (d)(2).
Subsec. (d)(3)(A)(i)(II).
Subsec. (d)(5)(A).
Subsec. (d)(5)(B).
Subsec. (e).
Subsecs. (f), (g).
Subsec. (h).
Subsec. (i).
Subsecs. (j), (k).
Subsec. (l).
Subsec. (l)(1).
2010—Subsec. (d)(1).
2004—Subsec. (c)(1), (2)(A).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Amendment by section 6203(a) of
Assessment of Bank Secrecy Act No-Action Letters
"(a)
"(1)
"(2)
"(A) a timeline for the process used to reach a final determination by FinCEN, in consultation with the relevant Federal functional regulators, in response to a request by a person for a no-action letter;
"(B) whether improvements in current processes are necessary;
"(C) whether a formal no-action letter process would help to mitigate or accentuate illicit finance risks in the United States; and
"(D) any other matter the Secretary determines is appropriate.
"(b)
"(1) submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains all findings and determinations made in carrying out the assessment required under subsection (a); and
"(2) propose rulemakings, if appropriate, to implement the findings and determinations described in paragraph (1)."
[For definition of "Federal functional regulator" as used in section 6305 of
Establishment of Highly Secure Network
"(a)
"(1) allows financial institutions to file reports required under subchapter II of
"(2) provides financial institutions with alerts and other information regarding suspicious activities that warrant immediate and enhanced scrutiny.
"(b)
§311. Office of Intelligence and Analysis
(a)
(1) be within the Office of Terrorism and Financial Intelligence;
(2) be responsible for the receipt, analysis, collation, and dissemination of foreign intelligence and foreign counterintelligence information (within the meaning of section 3 of the National Security Act of 1947 (
(3) have such other related duties and authorities as may be assigned to it by the Secretary, subject to the authority, direction, and control of the Secretary.
(b)
(Added
Editorial Notes
References in Text
The National Security Act of 1947, referred to in subsec. (a)(2), is act July 26, 1947, ch. 343,
Prior Provisions
A prior section 311 was renumbered
Amendments
2004—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Construction
Pilot Program on Recruitment and Retention in Office of Intelligence and Analysis of the Department of the Treasury
"(a)
"(b)
"(c)
"(1) not greater than 130 percent of the maximum basic rate of pay and locality pay for which such positions would otherwise be eligible; and
"(2) not greater than the rate of basic pay payable for level II of the Executive Schedule under
"(d)
"(1)
"(2)
"(e)
"(f)
"(g)
"(1) which, if any, other elements of the intelligence community would benefit from a program similar to the pilot program required by subsection (a); and
"(2) what, if any, modifications the Director would recommend for such elements.
"(h)
"(i)
"(1) the congressional intelligence committees; and
"(2) the Subcommittees on Financial Services and General Government of the Committees on Appropriations of the House of Representatives and the Senate."
[For definitions of "congressional intelligence committees" and "intelligence community" as used in section 416 of div. X of
1 See References in Text note below.
§312. Terrorism and financial intelligence
(a)
(1)
(2)
(A)
(B)
(3)
(A)
(B)
(C)
(4)
(A) implementation of titles I and II of the Bank Secrecy Act;
(B) United States economic sanctions programs;
(C) combating terrorist financing;
(D) combating financial crimes, including money laundering, counterfeiting, and other offenses threatening the integrity of the banking and financial systems;
(E) combating illicit financing relating to human trafficking;
(F) other enforcement matters;
(G) those intelligence analysis and coordination functions described in subsection (b); and
(H) the security functions and programs of the Department of the Treasury.
(5)
(6)
(A) The Office of the Assistant Secretary for Intelligence and Analysis, which shall report directly to the Undersecretary for Terrorism and Financial Crimes.
(B) The Office of the Assistant Secretary for Terrorist Financing, which shall report directly to the Undersecretary for Terrorism and Financial Crimes.
(C) The Office of Foreign Assets Control (in this section referred to as the "OFAC"), which shall report directly to the Undersecretary for Terrorism and Financial Crimes.
(D) The Executive Office for Asset Forfeiture, which shall report to the Undersecretary for Terrorism and Financial Crimes.
(E) The Office of Intelligence and Analysis (in this section referred to as the "OIA"), which shall report to the Assistant Secretary for Intelligence and Analysis.
(F) The Office of Terrorist Financing, which shall report to the Assistant Secretary for Terrorist Financing.
(7)
(A)
(B)
(8)
(A) other offices of the Department of the Treasury;
(B) other Federal agencies, including—
(i) the Office to Monitor and Combat Trafficking in Persons of the Department of State; and
(ii) the Interagency Task Force to Monitor and Combat Trafficking;
(C) State and local law enforcement agencies; and
(D) foreign governments.
(b)
(1)
(2)
(3)
(A) to build a robust analytical capability on terrorist finance by coordinating and overseeing work involving intelligence analysts in all components of the Department of the Treasury, focusing on the highest priorities of the Department, as well as ensuring that the existing intelligence needs of the OFAC and FinCEN are met; and
(B) to provide intelligence support to senior officials of the Department on a wide range of international economic and other relevant issues.
(4)
(A) carry out the intelligence support functions that are assigned, to the Office of Intelligence Support under section 311 (pursuant to section 105 of the Intelligence Authorization Act for Fiscal Year 2004);
(B) serve in a liaison capacity with the intelligence community; and
(C) represent the Department in various intelligence related activities.
(5)
(c)
(d)
(e)
(f)
(g)
(1)
(2)
(h)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsecs. (a)(1) and (e), is the date of the enactment of
For the Bank Secrecy Act, referred to in subsec. (a)(4)(A), see Short Title note set out under
Section 105 of the Intelligence Authorization Act for Fiscal Year 2004, referred to in subsec. (b)(4)(A), is section 105 of
Prior Provisions
A prior section 312 was renumbered
Amendments
2021—Subsecs. (g), (h).
2019—Subsec. (a)(4)(E) to (H).
Subsec. (a)(8).
2015—Subsec. (d).
2010—
Statutory Notes and Related Subsidiaries
Change of Name
Reference to Community Management Staff deemed to be a reference to the staff of the Office of the Director of National Intelligence, see section 1081(c) of
Effective Date of 2010 Amendment
Amendment by
§313. Federal Insurance Office
(a)
(b)
(c)
(1)
(A) to monitor all aspects of the insurance industry, including identifying issues or gaps in the regulation of insurers that could contribute to a systemic crisis in the insurance industry or the United States financial system;
(B) to monitor the extent to which traditionally underserved communities and consumers, minorities (as such term is defined in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (
(C) to recommend to the Financial Stability Oversight Council that it designate an insurer, including the affiliates of such insurer, as an entity subject to regulation as a nonbank financial company supervised by the Board of Governors pursuant to title I of the Dodd-Frank Wall Street Reform and Consumer Protection Act;
(D) to assist the Secretary in administering the Terrorism Insurance Program established in the Department of the Treasury under the Terrorism Risk Insurance Act of 2002 (
(E) to coordinate Federal efforts and develop Federal policy on prudential aspects of international insurance matters, including representing the United States, as appropriate, in the International Association of Insurance Supervisors (or a successor entity) and assisting the Secretary in negotiating covered agreements (as such term is defined in subsection (r));
(F) to determine, in accordance with subsection (f), whether State insurance measures are preempted by covered agreements;
(G) to consult with the States (including State insurance regulators) regarding insurance matters of national importance and prudential insurance matters of international importance; and
(H) to perform such other related duties and authorities as may be assigned to the Office by the Secretary.
(2)
(3)
(d)
(1) health insurance, as determined by the Secretary in coordination with the Secretary of Health and Human Services based on section 2791 of the Public Health Service Act (
(2) long-term care insurance, except long-term care insurance that is included with life or annuity insurance components, as determined by the Secretary in coordination with the Secretary of Health and Human Services, and in the case of long-term care insurance that is included with such components, the Secretary shall coordinate with the Secretary of Health and Human Services in performing the functions of the Office; and
(3) crop insurance, as established by the Federal Crop Insurance Act (
(e)
(1)
(A) receive and collect data and information on and from the insurance industry and insurers;
(B) enter into information-sharing agreements;
(C) analyze and disseminate data and information; and
(D) issue reports regarding all lines of insurance except health insurance.
(2)
(A)
(B)
(3)
(4)
(5)
(A)
(B)
(C)
(i) shall comply with applicable Federal law; and
(ii) shall not constitute a waiver of, or otherwise affect, any privilege under Federal or State law (including the rules of any Federal or State court) to which the data or information is otherwise subject.
(D)
(6)
(f)
(1)
(A) results in less favorable treatment of a non-United States insurer domiciled in a foreign jurisdiction that is subject to a covered agreement than a United States insurer domiciled, licensed, or otherwise admitted in that State; and
(B) is inconsistent with a covered agreement.
(2)
(A)
(i) notify and consult with the appropriate State regarding any potential inconsistency or preemption;
(ii) notify and consult with the United States Trade Representative regarding any potential inconsistency or preemption;
(iii) cause to be published in the Federal Register notice of the issue regarding the potential inconsistency or preemption, including a description of each State insurance measure at issue and any applicable covered agreement;
(iv) provide interested parties a reasonable opportunity to submit written comments to the Office; and
(v) consider any comments received.
(B)
(C)
(i) notify the appropriate State of the determination and the extent of the inconsistency;
(ii) establish a reasonable period of time, which shall not be less than 30 days, before the determination shall become effective; and
(iii) notify the Committees on Financial Services and Ways and Means of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Finance of the Senate.
(3)
(A) cause to be published a notice in the Federal Register that the preemption has become effective, as well as the effective date; and
(B) notify the appropriate State.
(4)
(g)
(h)
(i)
(j)
(1) preempt—
(A) any State insurance measure that governs any insurer's rates, premiums, underwriting, or sales practices;
(B) any State coverage requirements for insurance;
(C) the application of the antitrust laws of any State to the business of insurance; or
(D) any State insurance measure governing the capital or solvency of an insurer, except to the extent that such State insurance measure results in less favorable treatment of a non-United State 1 insurer than a United States insurer;
(2) be construed to alter, amend, or limit any provision of the Consumer Financial Protection Agency Act of 2010; or
(3) affect the preemption of any State insurance measure otherwise inconsistent with and preempted by Federal law.
(k)
(l)
(m)
(n)
(1)
(2)
(o)
(1) a report received not later than September 30, 2012, describing the breadth and scope of the global reinsurance market and the critical role such market plays in supporting insurance in the United States; and
(2) a report received not later than January 1, 2013, and updated not later than January 1, 2015, describing the impact of part II of the Nonadmitted and Reinsurance Reform Act of 2010 on the ability of State regulators to access reinsurance information for regulated companies in their jurisdictions.
(p)
(1)
(2)
(A) Systemic risk regulation with respect to insurance.
(B) Capital standards and the relationship between capital allocation and liabilities, including standards relating to liquidity and duration risk.
(C) Consumer protection for insurance products and practices, including gaps in State regulation.
(D) The degree of national uniformity of State insurance regulation.
(E) The regulation of insurance companies and affiliates on a consolidated basis.
(F) International coordination of insurance regulation.
(3)
(A) The costs and benefits of potential Federal regulation of insurance across various lines of insurance (except health insurance).
(B) The feasibility of regulating only certain lines of insurance at the Federal level, while leaving other lines of insurance to be regulated at the State level.
(C) The ability of any potential Federal regulation or Federal regulators to eliminate or minimize regulatory arbitrage.
(D) The impact that developments in the regulation of insurance in foreign jurisdictions might have on the potential Federal regulation of insurance.
(E) The ability of any potential Federal regulation or Federal regulator to provide robust consumer protection for policyholders.
(F) The potential consequences of subjecting insurance companies to a Federal resolution authority, including the effects of any Federal resolution authority—
(i) on the operation of State insurance guaranty fund systems, including the loss of guaranty fund coverage if an insurance company is subject to a Federal resolution authority;
(ii) on policyholder protection, including the loss of the priority status of policyholder claims over other unsecured general creditor claims;
(iii) in the case of life insurance companies, on the loss of the special status of separate account assets and separate account liabilities; and
(iv) on the international competitiveness of insurance companies.
(G) Such other factors as the Director determines necessary or appropriate, consistent with the principles set forth in paragraph (2).
(4)
(5)
(q)
(r)
(1)
(2)
(A) is entered into between the United States and one or more foreign governments, authorities, or regulatory entities; and
(B) relates to the recognition of prudential measures with respect to the business of insurance or reinsurance that achieves a level of protection for insurance or reinsurance consumers that is substantially equivalent to the level of protection achieved under State insurance or reinsurance regulation.
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(A) an insurer that is organized under the laws of a State; or
(B) a United States branch of a non-United States insurer.
(s)
(Added
Editorial Notes
References in Text
Section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, referred to in subsec. (c)(1)(B), is section 1204(c) of
The Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in subsec. (c)(1)(C), is
The Terrorism Risk Insurance Act of 2002, referred to in subsec. (c)(1)(D), is
The Financial Stability Act of 2010, referred to in subsec. (c)(3), is title I of
The Federal Crop Insurance Act, referred to in subsec. (d)(3), is subtitle A of title V of act Feb. 16, 1938, ch. 30,
The Consumer Financial Protection Act of 2010, referred to in subsec. (j)(2), is title X of
The Nonadmitted and Reinsurance Reform Act of 2010, referred to in subsec. (o)(2), is subtitle B (§§511–542) of title V of
The date of enactment of this section, referred to subsec. (p)(1), is the date of enactment of
Prior Provisions
A prior section 313 was renumbered
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of
International Insurance Capital Standards Accountability
"(a)
"(1) the Secretary of the Treasury, Board of Governors of the Federal Reserve System, and Director of the Federal Insurance Office shall support increasing transparency at any global insurance or international standard-setting regulatory or supervisory forum in which they participate, including supporting and advocating for greater public observer access to working groups and committee meetings of the International Association of Insurance Supervisors; and
"(2) to the extent that the Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and the Director of the Federal Insurance Office take a position or reasonably intend to take a position with respect to an insurance proposal by a global insurance regulatory or supervisory forum, the Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and the Director of the Federal Insurance Office shall achieve consensus positions with State insurance regulators through the National Association of Insurance Commissioners, when they are United States participants in negotiations on insurance issues before the International Association of Insurance Supervisors, Financial Stability Board, or any other international forum of financial regulators or supervisors that considers such issues.
"(b)
"(1)
"(2)
"(c)
"(1)
"(A)
"(i) a description of the insurance regulatory or supervisory standard-setting issues under discussion at international standard-setting bodies, including the Financial Stability Board and the International Association of Insurance Supervisors;
"(ii) a description of the effects that proposals discussed at international insurance regulatory or supervisory forums of insurance could have on consumer and insurance markets in the United States;
"(iii) a description of any position taken by the Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and the Director of the Federal Insurance Office in international insurance discussions; and
"(iv) a description of the efforts by the Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and the Director of the Federal Insurance Office to increase transparency at the Financial Stability Board with respect to insurance proposals and the International Association of Insurance Supervisors, including efforts to provide additional public access to working groups and committees of the International Association of Insurance Supervisors.
"(B)
"(2)
"(3)
"(A)
"(B)
"(i)
"(ii)
"(C)
"(4)
1 So in original. Probably should be "States".
§314. Covered agreements
(a)
(b)
(1)
(2)
(A) the nature of the agreement;
(B) how and to what extent the agreement will achieve the applicable purposes, policies, priorities, and objectives of section 313 and this section; and
(C) the implementation of the agreement, including the general effect of the agreement on existing State laws.
(c)
(1) the Secretary and the United States Trade Representative jointly submit to the congressional committees specified in subsection (b)(1), on a day on which both Houses of Congress are in session, a copy of the final legal text of the agreement; and
(2) a period of 90 calendar days beginning on the date on which the copy of the final legal text of the agreement is submitted to the congressional committees under paragraph (1) has expired.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of
§315. Continuing in office
When the term of office of an officer of the Department of the Treasury ends, the officer may continue to serve until a successor is appointed and qualified.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 309 | 31:1016. | Mar. 2, 1895, ch. 187 (1st par. under heading "Treasury Department"), |
In the section, the words "When the term of office . . . ends" are substituted for "whose terms of office have expired or shall expire" for consistency and to eliminate unnecessary words. The words "may continue to serve" are substituted for "The Secretary of the Treasury is authorized and directed to pay", "and who have been performing or shall perform the duties of their respective offices after the date of such expiration", and "the salary, compensation, fees, or emoluments authorized or provided by law in each case for the respective incumbents of the offices" because of 25 Op. Atty. Gen. 636 (1906) and for consistency with other titles of the United States Code. The words "until a successor is appointed and qualified" are substituted for "before the appointment and qualification of their successors" and 31:1016 (last sentence) for consistency with other titles of the Code.
Editorial Notes
Amendments
2010—
2003—
2001—
1989—
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
§316. Treasury Attaché Program
(a)
(1) further the work of the Department of the Treasury in developing and executing the financial and economic policy of the United States Government and the international fight against terrorism, money laundering, and other illicit finance;
(2) be co-located in a United States Embassy, a similar United States Government facility, or a foreign government facility, as the Secretary determines is appropriate;
(3) establish and maintain relationships with foreign counterparts, including employees of ministries of finance, central banks, international financial institutions, and other relevant official entities;
(4) conduct outreach to local and foreign financial institutions and other commercial actors;
(5) coordinate with representatives of the Department of Justice at United States Embassies who perform similar functions on behalf of the United States Government; and
(6) perform such other actions as the Secretary determines are appropriate.
(b)
(1)
(2)
(c)
(1)
(A) the rate of compensation, including allowances, provided to a Foreign Service officer serving at the same embassy; and
(B) the rate of compensation, including allowances, the Treasury Financial Attaché would otherwise have received, absent the application of this subsection.
(2)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsecs. (b)(1), is the date of enactment of
SUBCHAPTER II—ADMINISTRATIVE
§321. General authority of the Secretary
(a) The Secretary of the Treasury shall—
(1) prepare plans for improving and managing receipts of the United States Government and managing the public debt;
(2) carry out services related to finances that the Secretary is required to perform;
(3) issue warrants for money drawn on the Treasury consistent with appropriations;
(4) mint coins, engrave and print currency and security documents, and refine and assay bullion, and may strike medals;
(5) prescribe regulations that the Secretary considers best calculated to promote the public convenience and security, and to protect the Government and individuals from fraud and loss, that apply to anyone who may—
(A) receive for the Government, Treasury notes, United States notes, or other Government securities; or
(B) be engaged or employed in preparing and issuing those notes or securities;
(6) collect receipts;
(7) with a view to prosecuting persons, take steps to discover fraud and attempted fraud involving receipts and decide on ways to prevent and detect fraud;
(8) maintain separate accounts of taxes received in each State, territory, and possession of the United States, and collection district, with each account listing—
(A) each kind of tax;
(B) the amount of each tax; and
(C) the money paid as pay and allowances to officers and employees of the Department collecting taxes in that State, territory, possession, or district; and
(9) advise the President on major domestic and international prudential policy issues in connection with all lines of insurance except health insurance.
(b) The Secretary may—
(1) prescribe regulations to carry out the duties and powers of the Secretary;
(2) delegate duties and powers of the Secretary to another officer or employee of the Department of the Treasury;
(3) transfer within the Department the records, property, officers, employees, and unexpended balances of appropriations, allocations, and amounts of the Department that the Secretary considers necessary to carry out a delegation made under clause (2) of this subsection;
(4) detail, in addition to details authorized under another law, not more than 6 officers and employees of the Department at any one time to enforce the laws related to the Department, except that of those 6 officers and employees not more than 4 officers and employees—
(A) paid from the appropriations for the collection of customs may be so detailed;
(B) paid from the appropriations for internal revenue may be so detailed; and
(C) paid from the appropriations for suppressing counterfeiting and other crimes may be so detailed;
(5) authorize, at rates and under conditions prescribed by the Secretary, the private use of telephone lines controlled by the Department when the use does not interfere with Department business;
(6) buy arms and ammunition required by officers and employees of the Department in carrying out their duties and powers; and
(7) notwithstanding any other provision of law, fulfill any requirement to issue a report on the financial condition of any fund on the books of the Treasury by including the required information in a consolidated report, except that information with respect to a specific fund shall be separately reported if the Secretary determines that the consolidation of such information would result in an unwarranted delay in the availability of such information.
(c) Duties and powers of officers and employees of the Department are vested in the Secretary except duties and powers—
(1) vested by subchapter II of
(2) of the Comptroller of the Currency.
(d)(1) The Secretary of the Treasury may accept, hold, administer, and use gifts and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Department of the Treasury. Gifts and bequests of money and the proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury in a separate fund and shall be disbursed on order of the Secretary of the Treasury. Property accepted under this paragraph, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest.
(2) For purposes of the Federal income, estate, and gift taxes, property accepted under paragraph (1) shall be considered as a gift or bequest to or for the use of the United States.
(3) The Secretary of the Treasury may invest and reinvest the fund in public debt securities with maturities suitable for the needs of the fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities. Income accruing from the securities, and from any other property accepted under paragraph (1), shall be deposited to the credit of the fund, and shall be disbursed on order of the Secretary of the Treasury for purposes as nearly as possible in accordance with the terms of the gifts or bequests.
(4) The Secretary of the Treasury shall, not less frequently than annually, make a public disclosure of the amount (and sources) of the gifts and bequests received under this subsection, and the purposes for which amounts in the separate fund established under this subsection are expended.
(
In subsection (a)(1)–(3), the words between the 2d and 3d semicolons are omitted as superseded by section 3512 of the revised title.
In subsection (a)(1), the word "digest" is omitted as being included in "prepare". The word "receipts" is substituted for "revenue", and the words "managing the public debt" are substituted for "for the support of the public credit", for consistency in the revised title.
In subsection (a)(2), the words "carry out" are substituted for "generally shall perform" for consistency in the revised title and with other titles of the United States Code. The words "that the Secretary is required" are substituted for "as he shall be directed" because of the restatement.
In subsection (a)(3), the word "issue" is substituted for "shall grant" for consistency. The words "under limitations herein established or to be provided" are omitted as unnecessary. The word "consistent" is substituted for "in pursuance of", and the words "by law" are omitted, for consistency.
Subsection (a)(4) is included to reflect all the major duties of the Secretary of the Treasury. See
In subsection (a)(5), before subclause (A), the words "prescribe regulations" are substituted for "make and issue from time to time such instructions and regulations" for consistency in the revised title and to eliminate unnecessary words. The words "applicable to anyone" are substituted for "to the several collectors, receivers, depositaries, officers, and others" for clarity and to eliminate unnecessary words. In subclause (A), the words "for the Government" are inserted because section 8 of the Act of June 30, 1864 (ch. 172,
In subsection (a)(6), the word "collect" is substituted for "superintend the collection" because of the source provisions restated in section 321(c) of the revised title. The word "receipts" is substituted for "revenue" for consistency in the revised title.
In subsection (a)(7), the words "Secretary of the Treasury" are substituted for "General Counsel of the Department of the Treasury, under the direction of the Secretary of the Treasury" because of the source provisions restated in subsection (c) of this section. The words "with a view to prosecuting persons" are substituted for "for the prosecution of persons charged with the commission thereof" for clarity. The words "take steps to discover fraud and attempted fraud" are substituted for "take cognizance of all frauds or attempted frauds" for clarity. The words "involving receipts" are substituted for "upon the revenue" for consistency in the revised title. The words "decide on ways to prevent and detect fraud" are substituted for "exercise a general supervision over the measures for their prevention and detection" for clarity and to eliminate unnecessary words.
In subsection (a)(8), before subclause (A), the word "maintain" is substituted for "shall be kept" for consistency. The words "all moneys" and "internal" are omitted as unnecessary because of the restatement. The words "duties or" are omitted as being included in "taxes". The word "possession" is added for consistency in the revised title and with other titles of the Code. The word "listing" is substituted for "so as to exhibit, as far as may be" for clarity and to eliminate unnecessary words. In subclause (A), the word "kind" is substituted for "species" for consistency. The words "that shall accrue" are omitted as surplus. In subclause (B), the words "each tax" are substituted for "each source of revenue" for clarity. In subclause (C), the word "pay" is substituted for "compensation" for consistency. The words "officers and employees" are substituted for "collectors and deputy collectors, inspectors, and other officers" for consistency and to eliminate unnecessary words.
Subsection (b)(1) is included as a general statement of the authority of the Secretary of the Treasury to prescribe regulations to avoid repeating each time specific authority of the Secretary to carry out certain provisions of law.
In subsection (b)(2), the words "make such provisions" in 31:1001(note) are omitted as unnecessary. The words "or by any agency" are omitted and the words "duties and powers" are substituted for "function", for consistency in the revised title and with other titles of the Code. The words "including any function transferred to the Secretary by the provisions of this reorganization plan" are omitted as executed.
In subsection (b)(3), the word "effect " is omitted as unnecessary. The words "(available or to be made available)" are omitted as surplus. The words "delegation made under clause (2) of this subsection" are substituted for "provisions of this reorganization plan" because the only provision of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950,
In subsection (b)(4), before subclause (A), the word "detail" is substituted for "to use for, and in connection with" to eliminate unnecessary words. The words "in addition to details authorized under another law" are substituted for 31:1017(last sentence) to eliminate unnecessary words and because subsequent laws would also provide additional authority to detail. The words "and the several branches of the public service under its control" are omitted as being included in "Department". The words "officers and employees" are substituted for "persons" for clarity and consistency in the revised title. In subclause (B), the words "agents or from the appropriation for the foregoing purpose" are omitted as unnecessary because of the restatement.
In subsection (b)(5), the words "the proceeds thereof to be accounted for and paid into the Treasury of the United States" are omitted as unnecessary because of section 3302 of the revised title.
In subsection (b)(6), the word "buy" is substituted for "make expenditures" for consistency in the revised title and with other titles of the Code. The words "officers or employees" are substituted for "civilian employees", and the words "in carrying out their duties and powers" are substituted for "in the performance of their official duties", for consistency in the revised title and with other titles of the Code.
Editorial Notes
Amendments
2010—Subsec. (a)(9).
Subsec. (c).
Subsec. (e).
1995—Subsec. (b)(7).
1989—Subsec. (c)(3).
Subsec. (e).
1984—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by section 378(1) of
Amendment by section 502(b) of
Use of Aircraft in Emergency Law Enforcement Support
Executive Documents
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to Secretary of the Treasury, see Parts 1, 2, and 15 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under
§322. Working capital fund
(a) The Department of the Treasury has a working capital fund. Amounts in the fund are available for expenses of operating and maintaining common administrative services of the Department that the Secretary of the Treasury, with the approval of the Director of the Office of Management and Budget, decides may be carried out more advantageously and more economically as central services.
(b) Amounts in the fund remain available until expended. Amounts may be appropriated to the fund.
(c) The fund consists of—
(1) amounts appropriated to the fund;
(2) to the extent transferred to the fund by the Secretary, the reasonable value of supply inventories, equipment, and other assets and inventories on order for providing services out of amounts in the fund, less related liabilities and unpaid obligations;
(3) amounts received from the sale or exchange of property; and
(4) payments received for loss or damage to property of the fund.
(d) The fund shall be reimbursed, or credited with advance payments, from amounts available to the Department or from other sources, for supplies and services at rates that will equal the expenses of operation, including accrual of annual leave and the depreciation of plant and equipment. Amounts the Secretary decides are in excess of the needs of the fund shall be deposited at the end of each fiscal year in the Treasury as miscellaneous receipts.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 322(a) | 31:1033(1st sentence less words between 1st and 3d commas, 2d sentence 1st–9th words). | Dec. 31, 1970, |
| 322(b) | 31:1033(1st sentence words between 1st and 3d commas, last sentence). | |
| 322(c) | 31:1033(2d sentence less 1st–9th words, 4th sentence). | |
| 322(d) | 31:1033(3d, 5th sentences). |
In subsection (a), the words "Amounts in the fund are available" are added because of the restatement.
In subsection (b), the words "Amounts in the fund remain available until expended" are substituted for "shall be available, without fiscal year limitation" for consistency in the revised title.
In subsection (c)(1), the words "amounts appropriated to the fund" are substituted for "any appropriations made for the purpose of providing capital" to eliminate unnecessary words. In clause (2), the word "reasonable" is substituted for "fair and reasonable" because it is inclusive.
In subsection (d), the words "other Federal agencies" are omitted because they are included in "other sources".
Editorial Notes
Amendments
1984—Subsec. (a).
Department of the Treasury Franchise Fund
[Amendments by
§323. Investment of operating cash
(a) To manage United States cash, the Secretary of the Treasury may invest any part of the operating cash of the Treasury for not more than 90 days. The Secretary may invest the operating cash of the Treasury in—
(1) obligations of depositories maintaining Treasury tax and loan accounts secured by pledged collateral acceptable to the Secretary;
(2) obligations of the United States Government; and
(3) repurchase agreements with parties acceptable to the Secretary.
(b) Subsection (a) of this section does not require the Secretary to invest a cash balance held in a particular account.
(c) The Secretary shall consider the prevailing market in prescribing rates of interest for investments under subsection (a)(1) of this section.
(d)(1) The Secretary of the Treasury shall submit each fiscal year to the appropriate committees a report detailing the investment of operating cash under subsection (a) for the preceding fiscal year. The report shall describe the Secretary's consideration of risks associated with investments and the actions taken to manage such risks.
(2) For purposes of paragraph (1), the term "appropriate committees" means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 323(a) | 31:1038(1st sentence less 1st, 2d provisos). | Oct. 28, 1977, |
| 323(b) | 31:1038(1st, 2d provisos). | |
| 323(c) | 31:1038(last sentence). |
In subsection (a), before clause (1), the words "To manage United States cash" are substituted for "for cash management purposes" for clarity. In clause (1), the words "as security for tax and loan accounts" are omitted as unnecessary. In clause (2), the words "agencies of the United States" are omitted as being included in "the Government".
In subsection (c), the words "Investments in obligations of depositaries maintaining such accounts" and "rates of interest" (the 2d time they appear) are omitted as unnecessary because of the restatement.
Editorial Notes
Amendments
2008—
§324. Disposing and extending the maturity of obligations
(a) The Secretary of the Treasury may—
(1) dispose of obligations—
(A) acquired by the Secretary for the United States Government; or
(B) delivered by an executive agency; and
(2) make arrangements to extend the maturity of those obligations.
(b) The Secretary may dispose or extend the maturity of obligations under subsection (a) of this section in the way, in amounts, at prices (for cash, obligations, property, or a combination of cash, obligations, or property), and on conditions the Secretary considers advisable and in the public interest.
(c) The authority under this section is in addition to authority under another law.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 324(a) | 31:741a(a)(1st sentence words before 9th comma). | Apr. 3, 1945, ch. 51, §5, |
| 324(b) | 31:741a(a)(1st sentence words after 9th comma, last sentence). | |
| 324(c) | 31:741a(b). |
In the section, the words "sell, exchange" are omitted as being included in "dispose". The word "obligations" is substituted for "bonds, notes, or other securities" for consistency in the revised title. The words "under judicial process or otherwise" are omitted as unnecessary.
In subsection (a), before clause (1), the words "Notwithstanding the provisions of
In subsection (b), the words "The Secretary may dispose or extend the maturity of obligations under subsection (a) of this section" are added for clarity and because of the restatement. The words "combination of cash, obligations, or property" are substituted for "or any combination thereof" for clarity. The words "terms and conditions" are omitted as being included in "on conditions". The words "under the authority of this section" are omitted as unnecessary because of the restatement.
Subsection (c) is substituted for 31:741a(b) to eliminate unnecessary words and for consistency in the revised title.
Editorial Notes
Amendments
1984—Subsec. (b).
§325. International affairs authorization
(a) Under regulations prescribed by the Secretary of the Treasury, the Secretary may provide officers and employees of the Department of the Treasury carrying out international affairs duties and powers of the Department with allowances and benefits comparable to those provided under
(b) The following amounts may be appropriated to the Secretary for the fiscal year ending September 30, 1982:
(1) not more than $22,896,000 to carry out the international affairs duties and powers of the Department (including amounts for official functions and reception and representation expenses).
(2) not more than $1,000,000 for increases in—
(A) pay, under section 5382(c) and subchapter I of
(B) departmental contributions attributable to those pay increases; and
(C) allowances and benefits, because of cost of living increases, provided under subsection (a) of this section.
(c) Necessary amounts may be appropriated to the Secretary for each fiscal year beginning after September 30, 1982—
(1) to carry out the international affairs duties and powers of the Department (including amounts for official functions and reception and representation expenses);
(2) for increases in—
(A) pay, under section 5382(c) and subchapter I of
(B) departmental contributions attributable to those pay increases; and
(C) allowances and benefits, because of cost of living increases, provided under subsection (a) of this section.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 325(a) | 31:822a(d). | Jan. 30, 1934, ch. 6, |
| 325(b), (c) | (uncodified). | Nov. 8, 1978, |
In the section, the words "international affairs duties and powers" are substituted for "international affairs functions" for consistency in the revised title and with other titles of the United States Code. The words "officers and employees" are substituted for "personnel" and "employees" as being more precise.
In subsection (b), before clause (1), the words "fiscal year ending September 30, 1982" are substituted for "fiscal year 1982" for consistency in the revised title and with other titles of the Code. In clause (2), the word "pay" is substituted for "salaries" for consistency in the revised title and with other titles of the Code. The word "departmental" is substituted for "agency" because of the source provisions restated in section 321 of the revised title. The words "those pay increases" are substituted for "thereto" for clarity.
Subsection (c) is substituted for the words "and such sums as may be necessary for each fiscal year thereafter" both times they appear.
Editorial Notes
Amendments
1990—Subsec. (b)(2)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
Study on Role of Gold in Domestic and International Monetary Systems; Establishment of Commission; Report to Congress; Availability of Appropriations
§326. Availability of appropriations for certain expenses
(a) Under regulations prescribed by the Secretary of the Treasury, an appropriation for the Department of the Treasury available to pay travel expenses also is available to pay expenses to attend meetings of organizations related to the function or activity for which the appropriation is made.
(b) The Secretary may approve reimbursement to agents on protective missions for subsistence expenses authorized by law without regard to rates and amounts established under
(
| Revised Section | Source (U.S. Code | Source (Statutes at Large) |
|---|---|---|
| 326(a) | 31:1031. | June 1, 1955, ch. 113, §102, |
| 326(b) | 31:1032. | Sept. 29, 1969, |
In subsection (a), the words "On and after June 1, 1955," are omitted as executed.
In subsection (b), the words "On and after September 29, 1969," are omitted as executed.
Editorial Notes
Amendments
1986—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
§327. Advancements and reimbursements for services
(a) In this section, "service" includes service provided in—
(1) disbursing and receiving amounts.
(2) servicing bonds.
(3) making accounts.
(4) maintaining bank accounts.
(b) When the Secretary of the Treasury provides a service for an agency (except the Department of the Treasury) for which amounts have not been appropriated to the Department, the agency may advance for credit or reimburse the Department the amounts necessary to provide the service. Notwithstanding
(
| Revised Section | Source (U.S. Code | Source (Statutes at Large) |
|---|---|---|
| 327(a) | 31:157(c)(2). | Aug. 14, 1950, ch. 705, |
| 327(b) | 31:157(a)–(c)(1). |
In the section, the word "amounts" is substituted for "funds" for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the words "shall not be limited to" are omitted as surplus. The words "disbursing and receiving" are substituted for "collection and disbursement", the word "making" is substituted for "rendition of", and the word "maintaining" is substituted for "keeping", for consistency in the revised title. The word "checking" is omitted as being included in "bank".
In subsection (b), the words "When the Secretary of the Treasury provides a service" are substituted for "When any service authorized by law and directed by the Secretary of the Treasury is performed or to be performed" to eliminate unnecessary words. The words "by the Fiscal Service or the Office of the Treasurer of the United States of the Department of the Treasury" are omitted because of the source provisions restated in section 321 of the revised title. The words "agency (except the Department of the Treasury)" are substituted for 31:157(c)(1) for consistency in the revised title and with other titles of the Code. The word "reimburse" is substituted for "pay", and the words "advanced or reimbursed" are substituted for "transferred", for clarity and because of the restatement.
§328. Accounts and payments of former disbursing officials
(a) If a chief disbursing official or a director of a disbursing center of the Department of the Treasury dies, resigns, or leaves office, the deputy chief disbursing official or the deputy director of the disbursing center designated by the Secretary of the Treasury may continue the accounts and payments in the name of the former disbursing official or director through the last day of the 2d month after the month in which the death, resignation, or separation occurs. The accounts and payments shall be allowed, audited, and settled as provided by law. The Secretary shall honor checks signed in the name of the former disbursing official or director in the same way as if the former disbursing official or director had continued in office.
(b) Only the deputy chief or deputy director designated under subsection (a) of this section is liable for actions taken in the name of the former disbursing official under subsection (a).
(
| Revised Section | Source (U.S. Code | Source (Statutes at Large) |
|---|---|---|
| 328(a) | 31:1014(1st, 2d sentences). | Dec. 24, 1942, ch. 821, |
| 328(b) | 31:1014(last sentence). |
In subsection (a), the words "director of a disbursing center" are substituted for "any regional disbursing officer of the Fiscal Service, Treasury Department" to reflect the title of the position now presently authorized. The words "dies, resigns, or leaves office" are substituted for "In case of the death or of the resignation or separation from office" for consistency with other titles of the United States Code. The words "designated by an official of the Treasury Department authorized by the Secretary of the Treasury to make such designation" are omitted as unnecessary because of the source provisions restated in section 321 of the revised title. The word "through" is substituted for "for a period of time not to extend beyond" to eliminate unnecessary words. The words "as provided by law" are substituted for "in the General Accounting Office", for consistency with other titles of the Code. The word "Secretary" is substituted for "Treasurer of the United States" because of the source provisions restated in section 321 of the revised title.
Subsection (b) is substituted for 31:1014(last sentence) for clarity and to eliminate unnecessary words.
§329. Limitations on outside activities
(a)(1) The Secretary of the Treasury and the Treasurer may not—
(A) be involved in trade or commerce;
(B) own any part of a vessel (except a pleasure vessel);
(C) buy or hold as a beneficiary in trust public property;
(D) be involved in buying or disposing of obligations of a State or the United States Government; and
(E) personally take or use a benefit gained from conducting business of the Department of the Treasury except as authorized by law.
(2) An officer violating this subsection shall be fined $3,000, removed from office, and thereafter may not hold an office of the Government.
(3) An individual (except prosecutors) giving information leading to the prosecution and conviction of an individual violating this subsection shall receive $1,500 of the fine when paid.
(b)(1) An officer or employee of the Department (except the Secretary or Treasurer) may not—
(A) carry on a trade or business in the funds, debts, or property of a State or the Government; and
(B) personally use a benefit gained from conducting business of the Department.
(2) An officer or employee violating this subsection shall be fined $500 and removed from office.
(
| Revised Section | Source (U.S. Code | Source (Statutes at Large) |
|---|---|---|
| 329(a) | 31:163, 1003. | R.S. §243. |
| 329(b) | 31:1018. | R.S. §244. |
In subsection (a)(1), before clause (A), the words "The Secretary of the Treasury and the Treasurer may not" are substituted for "No person appointed to the office of Secretary of the Treasury, or Treasurer, shall" because of the restatement and for consistency in the revised title. The words "or First Comptroller" (subsequently redesignated as the Comptroller of the Treasury by section 4 of the Act of July 31, 1894 (ch. 174,
In subsection (a)(2), the words "an officer" are substituted for "every person" as being more precise. The word "violating" is substituted for "who offends against any of the prohibitions of this section" for clarity and to eliminate unnecessary words. The words "shall be deemed guilty of a high misdemeanor" are omitted because of 18:1. The word "fined" is substituted for "forfeit to the United States the penalty" for consistency and to eliminate unnecessary words. The words "and shall upon conviction be" are omitted as unnecessary.
In subsection (a)(3), the words "giving information leading to the prosecution and conviction of an individual violating this subsection" are substituted for "shall give information of any such offense, upon which a prosecution and conviction shall be had" for clarity. The words "shall receive $1,500 of the fine when paid" are substituted for "one-half the aforesaid penalty of three thousand dollars, when recovered, shall be for the use of the person giving such information" to eliminate unnecessary words.
In subsection (b)(1), before clause (A), the words "An officer or employee of the Department (except the Secretary or Treasurer)" are substituted for "Every clerk employed in the Treasury Department" because of the restatement and for consistency with subsection (a) of the section. In clause (A), the words "in any kind of public" are omitted as unnecessary. In clause (B), the words "personally use a benefit gained" are substituted for "who takes or applies to his own use any emolument or gain" to eliminate unnecessary words. The word "conducting" is substituted for "negotiating or transacting" for consistency. The words "shall be deemed guilty of a misdemeanor" are omitted because of 18:1.
In subsection (b)(2), the words "An officer or employee violating this subsection" are added because of the restatement. The word "punished" is omitted as unnecessary.
§330. Practice before the Department
(a) Subject to
(1) regulate the practice of representatives of persons before the Department of the Treasury; and
(2) before admitting a representative to practice, require that the representative demonstrate—
(A) good character;
(B) good reputation;
(C) necessary qualifications to enable the representative to provide to persons valuable service; and
(D) competency to advise and assist persons in presenting their cases.
(b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of "enrolled agent", "EA", or "E.A.".
(c) After notice and opportunity for a proceeding, the Secretary may suspend or disbar from practice before the Department, or censure, a representative who—
(1) is incompetent;
(2) is disreputable;
(3) violates regulations prescribed under this section; or
(4) with intent to defraud, willfully and knowingly misleads or threatens the person being represented or a prospective person to be represented.
The Secretary may impose a monetary penalty on any representative described in the preceding sentence. If the representative was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. Such penalty shall not exceed the gross income derived (or to be derived) from the conduct giving rise to the penalty and may be in addition to, or in lieu of, any suspension, disbarment, or censure of the representative.
(d) After notice and opportunity for a hearing to any appraiser, the Secretary may—
(1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and
(2) bar such appraiser from presenting evidence or testimony in any such proceeding.
(e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion.
(
| Revised Section | Source (U.S. Code | Source (Statutes at Large) |
|---|---|---|
| 330(a) | 31:1026(1st sentence). | July 7, 1884, ch. 334, §3(proviso and sentence immediately after proviso under heading "War Department"), |
| 330(b) | 31:1026(last sentence). |
In the section, the words "representatives of persons" are substituted for "agents, attorneys, or other persons representing claimants before his department" to eliminate unnecessary words.
In subsection (a), before clause (1), the words "Subject to
In subsection (b), the word "proceeding" is substituted for "hearing" because of subchapter II of
Editorial Notes
Amendments
2015—Subsecs. (b) to (e).
2006—Subsec. (c).
2004—Subsec. (b).
Subsec. (d).
1986—Subsec. (c).
1984—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by
Effective Date of 2004 Amendment
Effective Date of 1984 Amendment
§331. Reports
(a) The Secretary of the Treasury shall submit to Congress each year an annual report. The report shall include—
(1) a statement of the public receipts and public expenditures for the prior fiscal year;
(2) estimates of public receipts and public expenditures for the current and next fiscal years;
(3) plans for improving and increasing public receipts to provide Congress with information on ways to raise amounts necessary to meet public expenditures;
(4) a statement of all contracts for supplies or services made by the Secretary during the prior fiscal year;
(5) a statement of appropriations expended to pay for miscellaneous claims not otherwise provided for;
(6) a statement on all payments made from the fund under
(7) estimates of amounts for payment under
(b)(1) On the first day of each regular session of Congress, the Secretary shall submit to Congress a report for the prior fiscal year on—
(A) the total and individual amounts of contingent liabilities and unfunded liabilities of the United States Government;
(B) as far as practicable, trust fund liabilities, liabilities of Government corporations, indirect liabilities not included as a part of the public debt, and liabilities of insurance and annuity programs (including their actuarial status);
(C) collateral pledged and assets available (or to be realized) as security for the liabilities (separately noting Government obligations) and other assets specifically available to liquidate the liabilities of the Government; and
(D) the total amount in each category under clauses (A)–(C) of this paragraph for each agency.
(2) The report shall present the information required under paragraph (1) of this subsection in a concise way, with explanatory material (including an analysis of the significance of liabilities based on past experience and probable risk) the Secretary considers desirable.
(c) On the first day of each regular session of Congress, the Secretary shall submit to Congress a report for the prior fiscal year on the total amount of public receipts and public expenditures listing receipts, when practicable, by ports, districts, and States and the expenditures by each appropriation.
(d) The Secretary shall report to either House of Congress in person or in writing, as required, on matters referred to the Secretary by that House of Congress.
(e)(1) Not later than March 31 of 1998 and each year thereafter, the Secretary of the Treasury, in coordination with the Director of the Office of Management and Budget, shall annually prepare and submit to the President and the Congress an audited financial statement for the preceding fiscal year, covering all accounts and associated activities of the executive branch of the United States Government. The financial statement shall reflect the overall financial position, including assets and liabilities, and results of operations of the executive branch of the United States Government, and shall be prepared in accordance with the form and content requirements set forth by the Director of the Office of Management and Budget.
(2) The Comptroller General of the United States shall audit the financial statement required by this section.
(
| Revised Section | Source (U.S. Code | Source (Statutes at Large) |
|---|---|---|
| 331(a)(1)– (5) | 31:1027. | R.S. §257. |
| 31:1030. | Feb. 26, 1907, ch. 1635, §1(2d par. under heading "Treasury Department"), |
|
| 331(a)(6) | 31:757c(i)(last sentence). | Sept. 24, 1917, ch. 56, |
| 331(a)(7) | 31:725p(a)(last sentence). | June 26, 1934, ch. 756, §§17(a)(last sentence), 18(a)(last sentence), |
| 31:725q(a)(last sentence). | ||
| 331(b) | 31:757f. | Nov. 13, 1966, |
| 331(c) | 31:1029. | July 31, 1894, ch. 174, §15, |
| 331(d) | 31:1002(words between 4th and 5th semicolons) | R.S. §248(words between 4th and 5th semicolons). |
In subsections (a) and (c), the word "receipts" is substituted for "revenues" for consistency in the section and the revised title.
In subsection (a)(1), the words "public receipts and public expenditures" are substituted for "receipts and expenditures of the Government" in 31:1030 for consistency in the section. The word "completed" is omitted as surplus. In clause (2), the words "First. A report on the subject of finance" in 31:1027 are omitted because of the restatement. The word "containing" is omitted as surplus. In clause (4), the words "Second. A report containing" are omitted because of the restatement. The words "prior fiscal year" are substituted for "during the year preceding" for consistency. In clause (5), the words "paid at the Treasury" are omitted as unnecessary. The 3d paragraph of section 257 of the Revised Statutes, providing for a report on rules and regulations of the Secretary of the Treasury on imported goods, wares, and merchandise, is omitted as obsolete because section 252 of the Revised Statutes, authorizing those rules and regulations, was repealed by the Act of February 27, 1877 (ch. 69,
In subsection (b)(1), before clause (A), the words "for the prior fiscal year" are substituted for "as of the close of the preceding September 30 (beginning with the report as of June 30, 1967)" to eliminate unnecessary words. In clause (C), the word "obligations" is substituted for "securities" for consistency in the revised title. Clause (D) is substituted for "and of each department, agency, and instrumentality thereof" for clarity.
In subsection (c), the words "a report for the prior fiscal year on the total amount of public receipts and public expenditures" are substituted for "an accurate combined statement of the receipts and expenditures during the last preceding fiscal year of all public moneys" because of the restatement. The words "including those of the United States Postal Service" are omitted as unnecessary and superseded by 39:410.
In subsection (d), the words "either House of Congress" are substituted for "either branch of the legislature" for clarity and consistency. The words "that House of Congress" are substituted for "the Senate or House of Representatives" for consistency and because of the restatement. The words "or which appertain to his office" are omitted as unnecessary because of subsections (a)–(c) of the section.
Editorial Notes
Amendments
1994—Subsec. (e).
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which certain reporting requirements under subsecs. (a), (b)(1)(A), and (c) of this section are listed on pages 140 and 142), see section 3003 of
§332. Miscellaneous administrative authority
The Secretary of the Treasury may to the extent provided in advance by appropriation Acts—
(1) contract for the temporary or intermittent services of experts or consultants as authorized by
(2) contract with and reimburse the Department of State for health and medical services for employees of the Department of the Treasury and their dependents serving in foreign countries;
(3) provide for official functions, and reception and representation activities;
(4) maintain, repair, and clean uniforms furnished by the Department of the Treasury to uniformed employees;
(5) provide athletic and related activities for students at the Federal Law Enforcement Training Center, Glynco, Georgia;
(6) install and maintain fencing, lighting, guard booths, and other facilities as necessary for the performance of protective functions of the Department of the Treasury on property not owned by or under jurisdiction and control of the United States Government and, subsequently, to remove the facilities therefrom;
(7) enter into reciprocal assistance agreements with State and local law enforcement agencies and, in connection with the agreements and otherwise, train employees of those agencies, when necessary, with or without reimbursement;
(8) provide laboratory assistance to State and local law enforcement agencies, with or without reimbursement;
(9) obtain insurance for official motor vehicles operated in foreign countries; and
(10)(A) when necessary for the performance of official business—
(i) acquire in foreign countries real property by lease for periods not greater than 10 years and personal property for use in foreign countries by purchase, lease, or otherwise, and
(ii) manage, maintain, repair, improve, and insure by purchase of commercial insurance policies properties referred to in clause (i), and
(B) when appropriate, dispose of (by sale, rent, transfer, or otherwise) properties referred to in subparagraph (A)(i).
(Added
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Federal Law Enforcement Training Center of the Department of the Treasury to the Secretary of Homeland Security, and for treatment of related references, see
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
§333. Prohibition of misuse of Department of the Treasury names, symbols, etc.
(a)
(1) the words "Department of the Treasury", or the name of any service, bureau, office, or other subdivision of the Department of the Treasury,
(2) the titles "Secretary of the Treasury" or "Treasurer of the United States" or the title of any other officer or employee of the Department of the Treasury,
(3) the abbreviations or initials of any entity referred to in paragraph (1),
(4) the words "United States Savings Bond" or the name of any other obligation issued by the Department of the Treasury,
(5) any symbol or emblem of an entity referred to in paragraph (1) (including the design of any envelope or stationary used by such an entity), and
(6) any colorable imitation of any such words, titles, abbreviations, initials, symbols, or emblems,
in a manner which could reasonably be interpreted or construed as conveying the false impression that such advertisement, solicitation, business activity, or product is in any manner approved, endorsed, sponsored, or authorized by, or associated with, the Department of the Treasury or any entity referred to in paragraph (1) or any officer or employee thereof.
(b)
(c)
(1)
(2)
(3)
(A)
(B)
(4)
(d)
(1)
(2)
(3)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
"(1)
"(2)
Report on Implementation of Section
CHAPTER 5 —OFFICE OF MANAGEMENT AND BUDGET
SUBCHAPTER I—ORGANIZATION
SUBCHAPTER II—ADMINISTRATIVE
Editorial Notes
Amendments
2002—
1990—
1983—
SUBCHAPTER I—ORGANIZATION
§501. Office of Management and Budget
The Office of Management and Budget is an office in the Executive Office of the President.
(
| Revised Section | Source (U.S. Code | Source (Statutes at Large) |
|---|---|---|
| 501 | 31:16(1st sentence). | June 10, 1921, ch. 18, §207(1st sentence), |
Statutory Notes and Related Subsidiaries
Short Title of 2016 Amendment
Short Title of 1990 Amendment
Transfer of Functions
Disaster Resiliency Planning
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Disaster Resiliency Planning Act'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
"(B) the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives.
"(2)
"(3)
"(4)
"SEC. 3. GUIDANCE.
"(a)
"(b)
"(c)
"(d)
"(1) the Comptroller General of the United States;
"(2) the Administrator of the Federal Emergency Management Agency; and
"(3) any other relevant entities, as determined by the Director.
"(e)
"(1)
"(2)
Disaster Relief Funding Guidance
"(1) Robust criteria for identifying and documenting incremental risks and mitigating controls related to the funding.
"(2) Guidance for documenting the linkage between the incremental risks related to disaster funding and efforts to address known internal control risks."
Publication of Certain Documents
Service Contract Inventory
"(a)
"(1)
"(2)
"(3)
"(A) A description of the services purchased by the executive agency and the role the services played in achieving agency objectives, regardless of whether such a purchase was made through a contract or task order.
"(B) The organizational component of the executive agency administering the contract, and the organizational component of the agency whose requirements are being met through contractor performance of the service.
"(C) The total dollar amount obligated for services under the contract and the funding source for the contract.
"(D) The total dollar amount invoiced for services under the contract.
"(E) The contract type and date of award.
"(F) The name of the contractor and place of performance.
"(G) The number and work location of contractor and subcontractor employees, expressed as full-time equivalents for direct labor, compensated under the contract.
"(H) Whether the contract is a personal services contract.
"(I) Whether the contract was awarded on a noncompetitive basis, regardless of date of award.
"(b)
"(c)
"(1) make the inventory available to the public; and
"(2) publish in the Federal Register a notice that the inventory is available to the public.
"(d)
"(e)
"(1) review the contracts and information in the inventory;
"(2) ensure that—
"(A) each contract in the inventory that is a personal services contract has been entered into, and is being performed, in accordance with applicable laws and regulations;
"(B) the agency is giving special management attention to functions that are closely associated with inherently governmental functions;
"(C) the agency is not using contractor employees to perform inherently governmental functions;
"(D) the agency has specific safeguards and monitoring systems in place to ensure that work being performed by contractors has not changed or expanded during performance to become an inherently governmental function;
"(E) the agency is not using contractor employees to perform critical functions in such a way that could affect the ability of the agency to maintain control of its mission and operations; and
"(F) there are sufficient internal agency resources to manage and oversee contracts effectively;
"(3) identify contracts that have been poorly performed, as determined by a contracting officer, because of excessive costs or inferior quality; and
"(4) identify contracts that should be considered for conversion to—
"(A) performance by Federal employees of the executive agency in accordance with agency insourcing guidelines required under section 736 of the Financial Services and General Government Appropriations Act, 2009 (
"(B) an alternative acquisition approach that would better enable the agency to efficiently utilize its assets and achieve its public mission.
"(f)
"(g)
"(h) GAO
"(1)
"(2)
"(A)
"(B)
"(3)
"(i)
Requirement for Debriefings Related To Conversion of Functions From Performance by Federal Employees to Performance by a Contractor
Comprehensive Analysis and Development of Single Government-Wide Definition of Inherently Governmental Function and Criteria for Critical Functions
"(a)
"(1) review the definitions of the term 'inherently governmental function' described in subsection (b) to determine whether such definitions are sufficiently focused to ensure that only officers or employees of the Federal Government or members of the Armed Forces perform inherently governmental functions or other critical functions necessary for the mission of a Federal department or agency;
"(2) develop a single consistent definition for such term that would—
"(A) address any deficiencies in the existing definitions, as determined pursuant to paragraph (1);
"(B) reasonably apply to all Federal departments and agencies; and
"(C) ensure that the head of each such department or agency is able to identify each position within that department or agency that exercises an inherently governmental function and should only be performed by officers or employees of the Federal Government or members of the Armed Forces;
"(3) develop criteria to be used by the head of each such department or agency to—
"(A) identify critical functions with respect to the unique missions and structure of that department or agency; and
"(B) identify each position within that department or agency that, while the position may not exercise an inherently governmental function, nevertheless should only be performed by officers or employees of the Federal Government or members of the Armed Forces to ensure the department or agency maintains control of its mission and operations;
"(4) in addition to the actions described under paragraphs (1), (2), and (3), provide criteria that would identify positions within Federal departments and agencies that are to be performed by officers or employees of the Federal Government or members of the Armed Forces to ensure that the head of each Federal department or agency—
"(A) develops and maintains sufficient organic expertise and technical capability;
"(B) develops guidance to implement the definition of inherently governmental as described in paragraph (2) and the criteria for critical functions as described in paragraph (3) in a manner that is consistent with agency missions and operational goals; and
"(C) develops guidance to manage internal decisions regarding staffing in an integrated manner to ensure officers or employees of the Federal Government or members of the Armed Forces are filling critical management roles by identifying—
"(i) functions, activities, or positions, or some combination thereof, or
"(ii) additional mechanisms and factors, including the management or oversight of awarded contracts, statutory mandates, and international obligations; and
"(5) solicit the views of the public regarding the matters identified in this section.
"(b)
"(1) the Federal Activities Inventory Reform Act of 1998 (
"(2)
"(3) Office of Management and Budget Circular A–76;
"(4) the Federal Acquisition Regulation; and
"(5) any other relevant Federal law or regulation, as determined by the Director of the Office of Management and Budget in consultation with the Chief Acquisition Officers Council and the Chief Human Capital Officers Council.
"(c)
"(1) A description of the actions taken by the Director under this section to develop a single definition of inherently governmental function and criteria for critical functions.
"(2) Such legislative recommendations as the Director determines are necessary to further the purposes of this section.
"(3) A description of such steps as may be necessary—
"(A) to ensure that the single definition and criteria developed under this section are consistently applied through all Federal regulations, circulars, policy letters, agency guidance, and other documents;
"(B) to repeal any existing Federal regulations, circular, policy letters, agency guidance and other documents determined to be superseded by the definition and criteria developed under this section; and
"(C) to develop any necessary implementing guidance under this section for agency staffing and contracting decisions, along with appropriate milestones.
"(d)
Public-Private Competition
"(a)
"(1) Notwithstanding any other provision of law, none of the funds appropriated by this or any other Act shall be available to convert to contractor performance an activity or function of an executive agency that, on or after the date of enactment of this Act [Dec. 26, 2007], is performed by Federal employees unless—
"(A) the conversion is based on the result of a public-private competition that includes a most efficient and cost effective organization plan developed by such activity or function;
"(B) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the executive agency by an amount that equals or exceeds the lesser of—
"(i) 10 percent of the most efficient organization's personnel-related costs for performance of that activity or function by Federal employees; or
"(ii) $10,000,000; and
"(C) the contractor does not receive an advantage for a proposal that would reduce costs for the Federal Government by—
"(i) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract;
"(ii) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Federal Government for health benefits for civilian employees under
"(iii) offering to such workers a retirement benefit that in any year costs less than the annual retirement cost factor applicable to Federal employees under
"(2) This paragraph shall not apply to—
"(A) the Department of Defense;
"(B)
"(C) a commercial or industrial type function that—
"(i) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O'Day Act ([former] 41 U.S.C. 47) [now
"(ii) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act [now
"(D) depot contracts or contracts for depot maintenance as provided in
"(E) activities that are the subject of an ongoing competition that was publicly announced prior to the date of enactment of this Act [Dec. 26, 2007].
"(b)
"(1)
"(B) The guidelines and procedures required under subparagraph (A) may not include any specific limitation or restriction on the number of functions or activities that may be converted to performance by Federal employees.
"(2)
"(A) is performed by a contractor and—
"(i) has been performed by Federal employees at any time during the previous 10 years;
"(ii) is a function closely associated with the performance of an inherently governmental function;
"(iii) has been performed pursuant to a contract awarded on a non-competitive basis; or
"(iv) has been performed poorly, as determined by a contracting officer during the 5-year period preceding the date of such determination, because of excessive costs or inferior quality; or
"(B) is a new requirement, with particular emphasis given to a new requirement that is similar to a function previously performed by Federal employees or is a function closely associated with the performance of an inherently governmental function.
"(3)
"(A) in the case of a new agency function, assigning the performance of the function to Federal employees;
"(B) in the case of any agency function described in paragraph (2), converting the function to performance by Federal employees; or
"(C) in the case of an agency function performed by Federal employees, expanding the scope of the function.
"(4)
"(B) Not later than 210 days after the date of the enactment of this subsection, the Government Accountability Office shall submit a report on the implementation of this subsection to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.
"(5)
"(A) The term 'inherently governmental functions' has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation.
"(B) The term 'functions closely associated with inherently governmental functions' means the functions described in section 7.503(d) of the Federal Acquisition Regulation.
"(6)
"(c)
"(1)
"(A) [Amended
"(B)(i) [Enacted
"(ii) [Amended chapter analysis preceding
"(2) [Amended
"(3)
"(A) protests and civil actions that challenge final selections of sources of performance of an activity or function of a Federal agency that are made pursuant to studies initiated under Office of Management and Budget Circular A–76 on or after January 1, 2004; and
"(B) any other protests and civil actions that relate to public-private competitions initiated under Office of Management and Budget Circular A–76, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, on or after the date of the enactment of this Act [Dec. 26, 2007].
"(d)
"(A) by the Office of Management and Budget to direct or require another agency to take an action specified in paragraph (2); or
"(B) by an agency to take an action specified in paragraph (2) as a result of direction or requirement from the Office of Management and Budget.
"(2) An action specified in this paragraph is the preparation for, undertaking, continuation of, or completion of a public-private competition or direct conversion under Office of Management and Budget Circular A–76 or any other administrative regulation, directive, or policy.
"(e)
Competitive Sourcing Activities
"(b) Not later than 120 days following the enactment of this Act [Jan. 23, 2004] and not later than December 31 of each year thereafter, the head of each executive agency shall submit to Congress a report on the competitive sourcing activities on the list required under the Federal Activities Inventory Reform Act of 1998 (
"(1) the total number of competitions completed;
"(2) the total number of competitions announced, together with a list of the activities covered by such competitions;
"(3) the total number (expressed as a full-time employee equivalent number) of the Federal employees studied under completed competitions;
"(4) the total number (expressed as a full-time employee equivalent number) of the Federal employees that are being studied under competitions announced but not completed;
"(5) the incremental cost directly attributable to conducting the competitions identified under paragraphs (1) and (2), including costs attributable to paying outside consultants and contractors;
"(6) an estimate of the total anticipated savings, or a quantifiable description of improvements in service or performance, derived from completed competitions;
"(7) actual savings, or a quantifiable description of improvements in service or performance, derived from the implementation of competitions completed after May 29, 2003;
"(8) the total projected number (expressed as a full-time employee equivalent number) of the Federal employees that are to be covered by competitions scheduled to be announced in the fiscal year covered by the next report required under this section; and
"(9) a general description of how the competitive sourcing decisionmaking processes of the executive agency are aligned with the strategic workforce plan of that executive agency.
"(d) Hereafter, the head of an executive agency may expend funds appropriated or otherwise made available for any purpose to the executive agency under this or any other Act to monitor (in the administration of responsibilities under Office of Management and Budget Circular A–76 or any related policy, directive, or regulation) the performance of an activity or function of the executive agency that has previously been subjected to a public-private competition under such circular.
"(f) In this section, the term 'executive agency' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 403) [see
"(a)
"(2) Paragraph (1) applies to programs, projects, and activities—
"(A) of the Department of the Interior for which funds are appropriated by this Act [see Tables for classification];
"(B) of the Forest Service; and
"(C) of the Department of Energy for which funds are appropriated by this Act.
[(b) Repealed.
"(f)
Study of Policies and Procedures for Transfer of Commercial Activities
Use of Private Enterprises
"(a)
"(b)
"(1)
"(2)
Federal Activities Inventory Reform
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Federal Activities Inventory Reform Act of 1998'.
"SEC. 2. ANNUAL LISTS OF GOVERNMENT ACTIVITIES NOT INHERENTLY GOVERNMENTAL IN NATURE.
"(a)
"(1) The fiscal year for which the activity first appeared on a list prepared under this section.
"(2) The number of full-time employees (or its equivalent) that are necessary for the performance of the activity by a Federal Government source.
"(3) The name of a Federal Government employee responsible for the activity from whom additional information about the activity may be obtained.
"(b)
"(c)
"(1)
"(A) the head of the executive agency shall promptly transmit a copy of the list to Congress and make the list available to the public; and
"(B) the Director of the Office of Management and Budget shall promptly publish in the Federal Register a notice that the list is available to the public.
"(2)
"(A) make each such change available to the public and transmit a copy of the change to Congress; and
"(B) publish in the Federal Register a notice that the change is available to the public.
"(d)
"(e)
"SEC. 3. CHALLENGES TO THE LIST.
"(a)
"(b)
"(1) A private sector source that—
"(A) is an actual or prospective offeror for any contract, or other form of agreement, to perform the activity; and
"(B) has a direct economic interest in performing the activity that would be adversely affected by a determination not to procure the performance of the activity from a private sector source.
"(2) A representative of any business or professional association that includes within its membership private sector sources referred to in paragraph (1).
"(3) An officer or employee of an organization within an executive agency that is an actual or prospective offeror to perform the activity.
"(4) The head of any labor organization referred to in
"(c)
"(d)
"(1) decide the challenge; and
"(2) transmit to the party submitting the challenge a written notification of the decision together with a discussion of the rationale for the decision and an explanation of the party's right to appeal under subsection (e).
"(e)
"(1)
"(2)
"SEC. 4. APPLICABILITY.
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(2)
"(3)
"(4)
"(5) Executive agencies with fewer than 100 full-time employees as of the first day of the fiscal year. However, such an agency shall be subject to section 2 to the extent it plans to conduct a public-private competition for the performance of an activity that is not inherently governmental.
"SEC. 5. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(A)
"(B)
"(i) to bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise;
"(ii) to determine, protect, and advance United States economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise;
"(iii) to significantly affect the life, liberty, or property of private persons;
"(iv) to commission, appoint, direct, or control officers or employees of the United States; or
"(v) to exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the collection, control, or disbursement of appropriated and other Federal funds.
"(C)
"(i) gathering information for or providing advice, opinions, recommendations, or ideas to Federal Government officials; or
"(ii) any function that is primarily ministerial and internal in nature (such as building security, mail operations, operation of cafeterias, housekeeping, facilities operations and maintenance, warehouse operations, motor vehicle fleet management operations, or other routine electrical or mechanical services).
"SEC. 6. EFFECTIVE DATE.
"This Act shall take effect on October 1, 1998."
Purpose of Amendments by Pub. L. 104–316
Department of Commerce Franchise Fund Pilot
Similar provisions were contained in the following prior appropriation acts:
Department of the Interior Franchise Fund Pilot
Department of Veterans Affairs Franchise Fund Pilot
Similar provisions were contained in the following prior appropriation acts:
Department of Homeland Security Working Capital Fund
Similar provisions were contained in the following prior appropriation acts:
"(a) Section 504 of the Department of Homeland Security Appropriations Act, 2017 (division F of
"(b) Funds from such working capital fund may be obligated and expended in anticipation of reimbursements from components of the Department of Homeland Security."
Similar provisions were contained in the following prior appropriation acts:
[For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see
[For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
Franchise Fund Pilot Programs
"(a)
"(b)
"(c)
"(2) Fees for services shall be established by the head of the agency at a level to cover the total estimated costs of providing such services. Such fees shall be deposited in the agency's fund to remain available until expended, and may be used to carry out the purposes of the fund.
"(3) Existing inventories, including inventories on order, equipment, and other assets or liabilities pertaining to the purposes of the fund may be transferred to the fund.
"(d)
"(1) the structure of the fund;
"(2) the composition of the funding mechanism;
"(3) the capacity of the fund to promote competition; and
"(4) the desirability of extending the application and implementation of franchise funds to other Federal agencies.
"(e)
"(f)
[
[
[
[
Simplification of Management Reporting Process
"(a)
"(1) chapters 5, 9, 11, 33, 35, 37, 39, 75, and 91 of
"(2) the Federal Civil Penalties Inflation Adjustment Act of 1990 (
"(b)
"(c)
"(1) consultation with the Chairman of the Senate Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] and the Chairman of the House of Representatives Committee on Government Operations [now Committee on Oversight and Accountability]; and
"(2) written notification to the Congress, no later than February 8 of each fiscal year covered under subsection (b) for those reports required to be submitted during that fiscal year."
Findings and Purposes of Chief Financial Officers Act of 1990
"(a)
"(1) General management functions of the Office of Management and Budget need to be significantly enhanced to improve the efficiency and effectiveness of the Federal Government.
"(2) Financial management functions of the Office of Management and Budget need to be significantly enhanced to provide overall direction and leadership in the development of a modern Federal financial management structure and associated systems.
"(3) Billions of dollars are lost each year through fraud, waste, abuse, and mismanagement among the hundreds of programs in the Federal Government.
"(4) These losses could be significantly decreased by improved management, including improved central coordination of internal controls and financial accounting.
"(5) The Federal Government is in great need of fundamental reform in financial management requirements and practices as financial management systems are obsolete and inefficient, and do not provide complete, consistent, reliable, and timely information.
"(6) Current financial reporting practices of the Federal Government do not accurately disclose the current and probable future cost of operating and investment decisions, including the future need for cash or other resources, do not permit adequate comparison of actual costs among executive agencies, and do not provide the timely information required for efficient management of programs.
"(b)
"(1) Bring more effective general and financial management practices to the Federal Government through statutory provisions which would establish in the Office of Management and Budget a Deputy Director for Management, establish an Office of Federal Financial Management headed by a Controller, and designate a Chief Financial Officer in each executive department and in each major executive agency in the Federal Government.
"(2) Provide for improvement, in each agency of the Federal Government, of systems of accounting, financial management, and internal controls to assure the issuance of reliable financial information and to deter fraud, waste, and abuse of Government resources.
"(3) Provide for the production of complete, reliable, timely, and consistent financial information for use by the executive branch of the Government and the Congress in the financing, management, and evaluation of Federal programs."
Duties and Functions of Department of the Treasury
Executive Documents
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to Director of the Office of Management and Budget, see Parts 1, 2, and 28 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under
REORGANIZATION PLAN NO. 2 OF 1970
Eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085 , as amended Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068 , 1085
Prepared by the President and Transmitted to the Senate and the House of Representatives in Congress Assembled March 12, 1970, Pursuant to the Provisions of
OFFICE OF MANAGEMENT AND BUDGET; DOMESTIC COUNCIL
PART I. OFFICE OF MANAGEMENT AND BUDGET
Section 101. Transfer of functions to the President
There are hereby transferred to the President of the United States all functions vested by law (including reorganization plan) in the Bureau of the Budget or the Director of the Bureau of the Budget.
Sec. 102. Office of Management and Budget
[Repealed.
Sec. 103. Records, Property, Personnel, and Funds
[Repealed.
PART II. DOMESTIC COUNCIL
Sec. 201. Establishment of the Council
(a) There is hereby established in the Executive Office of the President a Domestic Council, hereinafter referred to as the Council.
(b) The Council shall be composed of the following:
The President of the United States
The Vice President of the United States
The Attorney General
Secretary of Agriculture
Secretary of Commerce
Secretary of Health, Education, and Welfare
Secretary of Housing and Urban Development
Secretary of the Interior
Secretary of Labor
Secretary of Transportation
Secretary of the Treasury
and such other officers of the Executive Branch as the President may from time to time direct.
(c) The President of the United States shall preside over meetings of the Council: Provided, That, in the event of his absence, he may designate a member of the Council to preside.
Sec. 202. Functions of the Council
The Council shall perform such functions as the President may from time to time delegate or assign thereto.
Sec. 203. Executive Director
The staff of the Council shall be headed by an Executive Director who shall be an assistant to the President designated by the President. The Executive Director shall perform such functions as the President may from time to time direct.
PART III. TAKING EFFECT
Sec. 301. Effective Date
The provisions of this reorganization plan shall take effect as provided by
Message of the President
To the Congress of the United States:
We in government often are quick to call for reform in other institutions, but slow to reform ourselves. Yet nowhere today is modern management more needed than in government itself.
In 1939, President Franklin D. Roosevelt proposed and the Congress accepted a reorganization plan that laid the groundwork for providing managerial assistance for a modern Presidency.
The plan placed the Bureau of the Budget within the Executive Office of the President. It made available to the President direct access to important new management instruments. The purpose of the plan was to improve the administration of the Government—to ensure that the Government could perform "promptly, effectively, without waste or lost motion."
Fulfilling that purpose today is far more difficult—and more important—than it was 30 years ago.
Last April, I created a President's Advisory Council on Executive Organization and named to it a distinguished group of outstanding experts headed by Roy L. Ash. I gave the Council a broad charter to examine ways in which the Executive Branch could be better organized. I asked it to recommend specific organizational changes that would make the Executive Branch a more vigorous and more effective instrument for creating and carrying out the programs that are needed today. The Council quickly concluded that the place to begin was in the Executive Office of the President itself. I agree.
The past 30 years have seen enormous changes in the size, structure and functions of the Federal Government. The budget has grown from less than $10 billion to $200 billion. The number of civilian employees has risen from one million to more than two and a half million. Four new Cabinet departments have been created, along with more than a score of independent agencies. Domestic policy issues have become increasingly complex. The interrelationships among Government programs have become more intricate. Yet the organization of the President's policy and management arms has not kept pace.
Over three decades, the Executive Office of the President has mushroomed but not by conscious design. In many areas it does not provide the kind of staff assistance and support the President needs in order to deal with the problems of government in the 1970s. We confront the 1970s with a staff organization geared in large measure to the tasks of the 1940s and 1950s.
One result, over the years, has been a tendency to enlarge the immediate White House staff—that is, the President's personal staff, as distinct from the institutional structure—to assist with management functions for which the President is responsible. This has blurred the distinction between personal staff and management institutions; it has left key management functions to be performed only intermittently and some not at all. It has perpetuated outdated structures.
Another result has been, paradoxically, to inhibit the delegation of authority to Departments and agencies.
A President whose programs are carefully coordinated, whose information system keeps him adequately informed, and whose organizational assignments are plainly set out, can delegate authority with security and confidence. A President whose office is deficient in these respects will be inclined, instead, to retain close control of operating responsibilities which he cannot and should not handle.
Improving the management processes of the President's own office, therefore, is a key element in improving the management of the entire Executive Branch, and in strengthening the authority of its Departments and agencies. By providing the tools that are needed to reduce duplication, to monitor performance and to promote greater efficiency throughout the Executive Branch, this also will enable us to give the country not only more effective but also more economical government—which it deserves.
To provide the management tools and policy mechanisms needed for the 1970s, I am today transmitting to the Congress Reorganization Plan No. 2 of 1970, prepared in accordance with
This plan draws not only on the work of the Ash Council itself, but also on the work of others that preceded—including the pioneering Brownlow Committee of 1936, the two Hoover Commissions, the Rockefeller Committee, and other Presidential task forces.
Essentially, the plan recognizes that two closely connected but basically separate functions both center in the President's office: policy determination and executive management. This involves (1) what government should do, and (2) how it goes about doing it.
My proposed reorganization creates a new entity to deal with each of these functions:
—It establishes a Domestic Council, to coordinate policy formulation in the domestic area. This Cabinet group would be provided with an institutional staff, and to a considerable degree would be a domestic counterpart to the National Security Council.
—It establishes an Office of Management and Budget, which would be the President's principal arm for the exercise of his managerial functions.
The Domestic Council will be primarily concerned with what we do; the Office of Management and Budget will be primarily concerned with how we do it, and how well we do it.
DOMESTIC COUNCIL
The past year's experience with the Council for Urban Affairs has shown how immensely valuable a Cabinet-level council can be as a forum for both discussion and action on policy matters that cut across departmental jurisdictions.
The Domestic Council will be chaired by the President. Under the plan, its membership will include the Vice President, and the Secretaries of the Treasury, Interior, Agriculture, Commerce, Labor, Health, Education and Welfare, Housing and Urban Development, and Transportation, and the Attorney General. I also intend to designate as members the Director of the Office of Economic Opportunity and, while he remains a member of the Cabinet, the Postmaster General. (Although I continue to hope that the Congress will adopt my proposal to create, in place of the Post Office Department, a self-sufficient postal authority.) The President could add other Executive Branch officials at his discretion.
The Council will be supported by a staff under an Executive Director who will also be one of the President's assistants. Like the National Security Council staff, this staff will work in close coordination with the President's personal staff but will have its own institutional identity. By being established on a permanent, institutional basis, it will be designed to develop and employ the "institutional memory" so essential if continuity is to be maintained, and if experience is to play its proper role in the policy-making process.
There does not now exist an organized, institutionally-staffed group charged with advising the President on the total range of domestic policy. The Domestic Council will fill that need. Under the President's direction, it will also be charged with integrating the various aspects of domestic policy into a consistent whole.
Among the specific policy functions in which I intend the Domestic Council to take the lead are these:
—Assessing national needs, collecting information and developing forecasts, for the purpose of defining national goals and objectives.
—Identifying alternative ways of achieving these objectives, and recommending consistent, integrated sets of policy choices.
—Providing rapid response to Presidential needs for policy advice on pressing domestic issues.
—Coordinating the establishment of national priorities for the allocation of available resources.
—Maintaining a continuous review of the conduct of ongoing programs from a policy standpoint, and proposing reforms as needed.
Much of the Council's work will be accomplished by temporary, ad hoc project committees. These might take a variety of forms, such as task forces, planning groups or advisory bodies. They can be established with varying degrees of formality, and can be set up to deal either with broad program areas or with specific problems. The committees will draw for staff support on Department and agency experts, supplemented by the Council's own staff and that of the Office of Management and Budget.
Establishment of the Domestic Council draws on the experience gained during the past year with the Council for Urban Affairs, the Cabinet Committee on the Environment and the Council for Rural Affairs. The principal key to the operation of these Councils has been the effective functioning of their various subcommittees. The Councils themselves will be consolidated into the Domestic Council; Urban, Rural and Environment subcommittees of the Domestic Council will be strengthened, using access to the Domestic Council staff.
Overall, the Domestic Council will provide the President with a streamlined, consolidated domestic policy arm, adequately staffed, and highly flexible in its operation. It also will provide a structure through which departmental initiatives can be more fully considered, and expert advice from the Departments and agencies more fully utilized.
OFFICE OF MANAGEMENT AND BUDGET
Under the reorganization plan, the technical and formal means by which the Office of Management and Budget is created is by re-designating the Bureau of the Budget as the Office of Management and Budget. The functions currently vested by law in the Bureau, or in its director, are transferred to the President, with the provision that he can then re-delegate them.
As soon as the reorganization plan takes effect, I intend to delegate those statutory functions to the Director of the new Office of Management and Budget, including those under section 212 of the Budget and Accounting Act, 1921 [
However, creation of the Office of Management and Budget represents far more than a mere change of name for the Bureau of the Budget. It represents a basic change in concept and emphasis, reflecting the broader management needs of the Office of the President.
The new Office will still perform the key function of assisting the President in the preparation of the annual Federal budget and overseeing its execution. It will draw upon the skills and experience of the extraordinarily able and dedicated career staff developed by the Bureau of the Budget. But preparation of the budget as such will no longer be its dominant, overriding concern.
While the budget function remains a vital tool of management, it will be strengthened by the greater emphasis the new office will place on fiscal analysis. The budget function is only one of several important management tools that the President must now have. He must also have a substantially enhanced institutional staff capability in other areas of executive management—particularly in program evaluation and coordination, improvement of Executive Branch organization, information and management systems, and development of executive talent. Under this plan, strengthened capability in these areas will be provided partly through internal reorganization, and it will also require additional staff resources.
The new Office of Management and Budget will place much greater emphasis on the evaluation of program performance: on assessing the extent to which programs are actually achieving their intended results, and delivering the intended services to the intended recipients. This is needed on a continuing basis, not as a one-time effort. Program evaluation will remain a function of the individual agencies as it is today. However, a single agency cannot fairly be expected to judge overall effectiveness in programs that cross agency lines—and the difference between agency and Presidential perspectives requires a capacity in the Executive Office to evaluate program performance whenever appropriate.
The new Office will expand efforts to improve interagency cooperation in the field. Washington-based coordinators will help work out interagency problems at the operating level, and assist in developing efficient coordinating mechanisms throughout the country. The success of these efforts depends on the experience, persuasion, and understanding of an Office which will be an expediter and catalyst. The Office will also respond to requests from State and local governments for assistance on intergovernmental programs. It will work closely with the Vice President and the Office of Intergovernmental Relations.
Improvement of Government organization, information and management systems will be a major function of the Office of Management and Budget. It will maintain a continuous review of the organizational structures and management processes of the Executive Branch, and recommend needed changes. It will take the lead in developing new information systems to provide the President with the performance and other data that he needs but does not now get. When new programs are launched, it will seek to ensure that they are not simply forced into or grafted onto existing organizational structures that may not be appropriate. Resistance to organizational change is one of the chief obstacles to effective government; the new Office will seek to ensure that organization keeps abreast of program needs.
The new Office will also take the lead in devising programs for the development of career executive talent throughout the Government. Not the least of the President's needs as Chief Executive is direct capability in the Executive Office for insuring that talented executives are used to the full extent of their abilities. Effective, coordinated efforts for executive manpower development have been hampered by the lack of a system for forecasting the needs for executive talent and appraising leadership potential. Both are crucial to the success of an enterprise—whether private or public.
The Office of Management and Budget will be charged with advising the President on the development of new programs to recruit, train, motivate, deploy, and evaluate the men and women who make up the top ranks of the civil service, in the broadest sense of that term. It will not deal with individuals, but will rely on the talented professionals of the Civil Service Commission and the Departments and agencies themselves to administer these programs. Under the leadership of the Office of Management and Budget there will be joint efforts to see to it that all executive talent is well utilized wherever it may be needed throughout the Executive Branch, and to assure that executive training and motivation meet not only today's needs but those of the years ahead.
Finally, the new Office will continue the Legislative Reference functions now performed by the Bureau of the Budget, drawing together agency reactions on all proposed legislation, and helping develop legislation to carry out the President's program. It also will continue the Bureau's work of improving and coordinating Federal statistical services.
SIGNIFICANCE OF THE CHANGES
The people deserve a more responsive and more effective Government. The times require it. These changes will help provide it.
Each reorganization included in the plan which accompanies this message is necessary to accomplish one or more of the purposes set forth in
The reorganizations provided for in this plan make necessary the appointment and compensation of new officers, as specified in Section 102(c) of the plan. The rates of compensation fixed for these officers are comparable to those fixed for other officers in the Executive Branch who have similar responsibilities.
While this plan will result in a modest increase in direct expenditures, its strengthening of the Executive Office of the President will bring significant indirect savings, and at the same time will help ensure that people actually receive the return they deserve for every dollar the Government spends. The savings will result from the improved efficiency these changes will provide throughout the Executive Branch—and also from curtailing the waste that results when programs simply fail to achieve their objectives. It is not practical, however, to itemize or aggregate these indirect expenditure reductions which will result from the reorganization.
I expect to follow with other reorganization plans, quite possibly including ones that will affect other activities of the Executive Office of the President. Our studies are continuing. But this by itself is a reorganization of major significance, and a key to the more effective functioning of the entire Executive Branch.
These changes would provide an improved system of policy making and coordination, a strengthened capacity to perform those functions that are now the central concerns of the Bureau of the Budget, and a more effective set of management tools for the performance of other functions that have been rapidly increasing in importance.
The reorganization will not only improve the staff resources available to the President, but will also strengthen the advisory roles of those members of the Cabinet principally concerned with domestic affairs. By providing a means of formulating integrated and systematic recommendations on major domestic policy issues, the plan serves not only the needs of the President but also the interests of the Congress.
This reorganization plan is of major importance to the functioning of modern government. The national interest requires it. I urge that the Congress allow it to become effective.
Richard Nixon.
Abolition of Domestic Council
Domestic Council, established by Reorg. Plan No. 2 of 1970, §201, eff. July 1, 1970, 35 F.R. 7959,
Ex. Ord. No. 11541. Prescribing Duties of Office of Management and Budget and Domestic Council
Ex. Ord. No. 11541, July 1, 1970, 35 F.R. 10737, as amended by Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833, provided:
By virtue of the authority vested in me by the Constitution and statutes of the United States, including
(b) All outstanding delegations, rules, regulations, orders, circulars, bulletins, or other forms of Executive or administrative action issued or taken by or relating to the Bureau of the Budget or the Director of the Bureau of the Budget prior to the effective date of this order shall, until amended or revoked, remain in full force and effect as if issued or taken by or relating to the Office of Management and Budget or the Director of the Office of Management and Budget.
(c) The delegation to the Director of the Office of Management and Budget, pursuant to subsection (a) of this Section, of the functions vested in the Director of the Bureau of the Budget by Section 103 of the Budget and Accounting Procedures Act of 1950 (
(d) The delegation to the Director of the Office of Management and Budget of the following executive development and personnel functions (which have been transferred to the Office of Personnel Management) is terminated on December 4, 1977:
(1) Providing overall Executive Branch leadership, regulation, and guidance in executive personnel selection, development and management.
(2) Studying and reporting on issues relating to position classification and the compensation of Federal civilian employees, including linkages among pay systems, and providing reports on average grade levels, work-years and personnel costs of Federal civilian employees.
(3) Providing primary Executive Branch leadership in (i) developing and reviewing a program of policy guidance to departments and agencies for the organization of management responsibility under the Federal Labor Relations program; and (ii) monitoring issues and trends in labor management relations for referral to appropriate Executive Branch officials including the Federal Labor Relations Council.
(b) The organizations listed herein are terminated and the functions heretofore assigned to them shall be performed by the Domestic Council:
Council for Urban Affairs (Executive Order No. 11452 of January 23, 1969)
Cabinet Committee on the Environment (Executive Order No. 11472 of May 29, 1969, as amended by Executive Order No. 11514 of March 5, 1970)
Council for Rural Affairs (Executive Order No. 11493 of November 13, 1969)
Supersedure of Ex. Ord. No. 11541
Supersedure of Ex. Ord. No. 11541 to the extent that it is inconsistent with Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, see section 11(6) of Ex. Ord. No. 11609, set out as a note under
Executive Order No. 11647
Ex. Ord. No. 11647, Feb. 10, 1972, 37 F.R. 3167, as amended by Ex. Ord. No. 11731, July 23, 1973, 38 F.R. 19903; Ex. Ord. No. 11892, Dec. 31, 1975, 41 F.R. 751; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, which established Federal Regional Councils, was revoked by section 1–307 of Ex. Ord. No. 12149, July 20, 1979, 44 F.R. 43248.
Ex. Ord. No. 11717. Transfer of Certain Functions From Office of Management and Budget to General Services Administration and Department of Commerce
Ex. Ord. No. 11717, May 9, 1973, 38 F.R. 12315, provided:
By virtue of the authority vested in me as President by the Constitution and Statutes of the United States, particularly by
(1) The Financial Management Branch, the Procurement and Property Management Branch, and the Management Systems Branch of the Organization and Management Systems Division; and
(2) the Management Information and Computer Systems Division with respect to policy control over automatic data processing (except those functions relating to the establishment of Government-wide automatic data-processing standards).
(b) The functions vested in the President by the first sentence of section 111(g) of the Federal Property and Administrative Services Act of 1949, as amended [former
Richard Nixon.
Supersedure of Ex. Ord. No. 11717
Ex. Ord. No. 11717 superseded to the extent that it is inconsistent with Ex. Ord. No. 11893, Dec. 31, 1975, 41 F.R. 1040, see section 4 of Ex. Ord. No. 11893, set out as a note under
Executive Order No. 12013
Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931, which related to transfer of certain statistical functions and the establishment of the Statistical Policy Coordination Committee, was revoked by section 4(a) of Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833, set out below.
Ex. Ord. No. 12027. Transfer of Certain Executive Development and Other Personnel Functions
Ex. Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including Reorganization Plan No. 2 of 1970 (5 U.S.C. App.), Section 202 of the Budget and Accounting Procedures Act of 1950 (
(a) Providing overall Executive Branch leadership, regulation, and guidance in executive personnel selection, development, and management including:
(1) Devising and establishing programs and encouraging agencies to devise and establish programs to forecast the need for career executive talent and to select, train, develop, motivate, deploy and evaluate the men and women who make up the top ranks of Federal civil service;
(2) Initiating and leading efforts to ensure that potential executive talent is identified, developed and well utilized throughout the Executive Branch and;
(3) Ensuring that executive training and motivation meet current and future needs.
(b) Studying and reporting on issues relating to position classification and the compensation of Federal civilian employees, including linkages among pay systems, and providing reports on average grade levels, work-years and personnel costs of Federal civilian employees.
(c) Providing primary Executive Branch leadership in (1) developing and reviewing a program of policy guidance to departments and agencies for the organization of management's responsibility under the Federal Labor Relations program; and (2) monitoring issues and trends in labor management relations for referral to appropriate Executive Branch officials including the Federal Labor Relations Council.
"(d) The delegation to the Director of the Office of Management and Budget of the following executive development and personnel functions (which have been transferred to the Office of Personnel Management) is terminated on December 4, 1977:
"(1) Providing overall Executive Branch leadership, regulation, and guidance in executive personnel selection, development and management.
"(2) Studying and reporting on issues relating to position classification and the compensation of Federal civilian employees, including linkages among pay systems, and providing reports on average grade levels, work-years and personnel costs of Federal civilian employees.
"(3) Providing primary Executive Branch leadership in (i) developing and reviewing a program of policy guidance to departments and agencies for the organization of management responsibility under the Federal Labor Relations program; and (ii) monitoring issues and trends in labor management relations for referral to appropriate Executive Branch officials including the Federal Labor Relations Council.".
"The Office of Personnel Management, in conjunction with the Director of the Office of Management and Budget, shall establish and maintain a program for the policy guidance of agencies on labor-management relations in the Federal service and shall periodically review the implementation of these policies. The Office of Personnel Management shall be responsible for the day-to-day policy guidance under that program. The Office of Personnel Management also shall continuously review the operation of the Federal labor-management relations program to assist in assuring adherence to its provisions and merit system requirements; implement technical advice and information programs for the agencies; assist in the development of programs for training agency personnel and management officials in labor-management relations; and, from time to time, report to the Council on the state of the program with any recommendations for its improvement.".
Jimmy Carter.
Executive Order No. 12074
Ex. Ord. No. 12074, Aug. 16, 1978, 43 F.R. 36875, which related to urban and community impact analyses, was revoked by Ex. Ord. No. 12350, Mar. 9, 1982, 47 F.R. 10503.
Executive Order No. 12149
Ex. Ord. No. 12149, July 20, 1979, 44 F.R. 43247, which established Federal Regional Councils, was revoked by section 4(b) of Ex. Ord. No. 12314, July 22, 1981, 46 F.R. 38330.
Executive Order No. 12301
Executive Order No. 12301, Mar. 26, 1981, 46 F.R. 19211, as amended by Ex. Ord. No. 13118, §10(5), Mar. 31, 1999, 64 F.R. 16598, which established the President's Council on Integrity and Efficiency in Federal programs, was revoked by Ex. Ord. No. 12625, Jan. 27, 1988, 53 F.R. 2812, formerly set out below.
Executive Order No. 12314
Ex. Ord. No. 12314, July 22, 1981, 46 F.R. 38329, which established Federal Regional Councils, was revoked by Ex. Ord. No. 12407, Feb. 22, 1983, 48 F.R. 7717.
Ex. Ord. No. 12318. Transfer of Certain Statistical Policy Functions
Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833, provided:
By virtue of the authority vested in me as President by the Constitution and statutes of the United States, including Reorganization Plan No. 2 of 1970 (5 U.S.C. App.), Section 202 of the Budget and Accounting Procedures Act of 1950 (
(a) "Secretary of Commerce" is deleted in Section 1 and "Director of the Office of Management and Budget" is substituted therefor.
(b) "Secretary" is deleted wherever it appears in Sections 1, 2, 4, 5, and 6 and "Director" is substituted therefor.
(c) "Department of Commerce" is deleted in Section 6 and "Office of Management and Budget" is substituted therefor.
(d) Section 7 is deleted and a new Section 7 is substituted therefor as follows:
(e) Section 8 is revoked.
(a) "Secretary of Commerce, hereinafter referred to as the Secretary,", is deleted in Section 1 and "Director of the Office of Management and Budget, hereinafter referred to as the Director,", is substituted therefor.
(b) "Secretary" is deleted wherever it appears in Sections 2(a), 2(b), 2(c), 3, 4, and 5 and "Director" is substituted therefor.
(c) Section 7 is revoked.
(b) Section 4 of Executive Order No. 11961, as amended [
Ronald Reagan.
Executive Order No. 12479
Ex. Ord. No. 12479, May 24, 1984, 49 F.R. 22243, which established President's Council on Management Improvement, assigned functions of Council and responsibilities of Chairman, and provided for administrative support, was revoked by Ex. Ord. No. 12816, Oct. 14, 1992, 57 F.R. 47562, formerly set below.
Executive Order No. 12552
Ex. Ord. No. 12552, Feb. 25, 1986, 51 F.R. 7041, which provided for establishment of a comprehensive program for improvement of productivity throughout all Executive departments and agencies, was superseded by Ex. Ord. No. 12637, Apr. 27, 1988, 53 F.R. 15349, formerly set out below, and was revoked by Ex. Ord. No. 13048, §5, June 10, 1997, 62 F.R. 32469, set out below.
Ex. Ord. No. 12615. Performance of Commercial Activities
Ex. Ord. No. 12615, Nov. 19, 1987, 52 F.R. 44853, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to facilitate ongoing efforts to ensure that the Federal Government acquires needed goods and services in the most economical and efficient manner, it is hereby ordered as follows:
(a) Ensure that new Federal Government requirements for commercial activities are provided by private industry, except where statute or national security requires government performance or where private industry costs are unreasonable;
(b) Identify by April 29, 1988, in cooperation with the Director of the Office of Management and Budget all commercial activities currently performed by government. The department and agency heads are encouraged to consult with the President's Commission on Privatization in making such identification;
(c) Schedule, by June 30, 1988, all commercial activities identified pursuant to subsection (b) for study in accordance with the procedures of OMB Circular No. A–76, as revised, and the Supplement thereto, to determine whether they could be performed more economically by private industry;
(d) Meet the study goals for Fiscal Year 1988 set forth in "Management of the United States Government, Fiscal Year 1988"; and thereafter, beginning with Fiscal Year 1989, conduct annual studies of not less than 3 percent of the department or agency's total civilian population, until all identified potential commercial activities have been studied;
(e) Include in each annual budget proposal to the Office of Management and Budget estimates of expected yearly budget savings from the privatization of commercial activities projected to be accomplished following the completion of scheduled studies, unless an exception is authorized by the Director of the Office of Management and Budget. These estimates shall be based on analysis of savings under previous studies and estimated savings to be achieved from future conversions to contract. A department or agency proposal may reflect retention of expected first-year savings as negotiated with the Office of Management and Budget for use as incentive compensation to reward employees covered by the studies for their productivity efforts, or for use in other productivity enhancement projects;
(f) Develop and maintain an effective job placement program for government employees affected by privatization initiatives and cooperate fully in interagency placement efforts;
(g) Designate a senior-level official to coordinate the OMB Circular No. A–76 studies and other privatization efforts; and
(h) Report to the President on progress each quarter, through the Director of the Office of Management and Budget.
(a) Issue guidance to departments and agencies to implement this Order. Such guidance shall be designed to ensure an equitable cost comparison of government-operated commercial activities with private industry performance of the same activities, and to improve the efficiency in the conduct of studies;
(b) Publish for public review (i) not later than 30 days after its completion, the inventory of commercial activities identified pursuant to section 1(b) and the activities scheduled for study by departments and agencies in Fiscal Year 1988 pursuant to section 1(c); and (ii) not later than 30 days before the start of each successive fiscal year, the list of activities to be reviewed during that year pursuant to section 1(d); and
(c) Establish a tracking system to monitor, on a quarterly basis, progress by departments and agencies in carrying out this Order.
Ronald Reagan.
Executive Order No. 12625
Ex. Ord. No. 12625, Jan. 27, 1988, 53 F.R. 2812, which established President's Council on Integrity and Efficiency as an interagency committee, was revoked by Ex. Ord. No. 12805, May 11, 1992, 57 F.R. 20627, formerly set out below.
Executive Order No. 12637
Ex. Ord. No. 12637, Apr. 27, 1988, 53 F.R. 15349, which established a productivity improvement program for the Federal Government, was revoked by Ex. Ord. No. 13048, §5, June 10, 1997, 62 F.R. 32469, set out below.
Ex. Ord. No. 12803. Infrastructure Privatization
Ex. Ord. No. 12803, Apr. 30, 1992, 57 F.R. 19063, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure that the United States achieves the most beneficial economic use of its resources, it is hereby ordered as follows:
(a) "Privatization" means the disposition or transfer of an infrastructure asset, such as by sale or by long-term lease, from a State or local government to a private party.
(b) "Infrastructure asset" means any asset financed in whole or in part by the Federal Government and needed for the functioning of the economy. Examples of such assets include, but are not limited to: roads, tunnels, bridges, electricity supply facilities, mass transit, rail transportation, airports, ports, waterways, water supply facilities, recycling and wastewater treatment facilities, solid waste disposal facilities, housing, schools, prisons, and hospitals.
(c) "Originally authorized purposes" means the general objectives of the original grant program; however, the term is not intended to include every condition required for a grantee to have obtained the original grant.
(d) "Transfer price" means: (i) the amount paid or to be paid by a private party for an infrastructure asset, if the asset is transferred as a result of competitive bidding; or (ii) the appraised value of an infrastructure asset, as determined by the head of the executive department or agency and the Director of the Office of Management and Budget, if the asset is not transferred as a result of competitive bidding.
(e) "State and local governments" means the government of any State of the United States, the District of Columbia, any commonwealth, territory, or possession of the United States, and any county, municipality, city, town, township, local public authority, school district, special district, intrastate district, regional or interstate governmental entity, council of governments, and any agency or instrumentality of a local government, and any federally recognized Indian Tribe.
(b) Private enterprise and competitively driven improvements are the foundation of our Nation's economy and economic growth. Federal financing of infrastructure assets should not act as a barrier to the achievement of economic efficiencies through additional private market financing or competitive practices, or both.
(c) State and local governments are in the best position to assess and respond to local needs. State and local governments should, subject to assuring continued compliance with Federal requirements that public use be on reasonable and nondiscriminatory terms, have maximum possible freedom to make decisions concerning the maintenance and disposition of their federally financed infrastructure assets.
(d) User fees are generally more efficient than general taxes as a means to support infrastructure assets. Privatization transactions should be structured so as not to result in unreasonable increases in charges to users.
(a) Review those procedures affecting the management and disposition of federally financed infrastructure assets owned by State and local governments and modify those procedures to encourage appropriate privatization of such assets consistent with this order;
(b) Assist State and local governments in their efforts to advance the objectives of this order; and
(c) Approve State and local governments' requests to privatize infrastructure assets, consistent with the criteria in section 4 of this order and, where necessary, grant exceptions to the disposition requirements of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" common rule, or other relevant rules or regulations, for infrastructure assets; provided that the transfer price shall be distributed, as paid, in the following manner: (i) State and local governments shall first recoup in full the unadjusted dollar amount of their portion of total project costs (including any transaction and fix-up costs they incur) associated with the infrastructure asset involved; (ii) if proceeds remain, then the Federal Government shall recoup in full the amount of Federal grant awards associated with the infrastructure asset, less the applicable share of accumulated depreciation on such asset (calculated using the Internal Revenue Service accelerated depreciation schedule for the categories of assets in question); and (iii) finally, the State and local governments shall keep any remaining proceeds.
(b) Demonstrates that a market mechanism, legally enforceable agreement, or regulatory mechanism will ensure that: (i) the infrastructure asset or assets will continue to be used for their originally authorized purposes, as long as needed for those purposes, even if the purchaser becomes insolvent or is otherwise hindered from fulfilling the originally authorized purposes; and (ii) user charges will be consistent with any current Federal conditions that protect users and the public by limiting the charges.
George Bush.
Executive Order No. 12805
Ex. Ord. No. 12805, May 11, 1992, 57 F.R. 20627, which related to integrity and efficiency in Federal programs, was omitted from the Code pursuant to
Executive Order No. 12816
Ex. Ord. No. 12816, Oct. 14, 1992, 57 F.R. 47562, which established the President's Council on Management Improvement and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 13048, §5, June 10, 1997, 62 F.R. 32469, set out below.
Ex. Ord. No. 12837. Deficit Control and Productivity Improvement in the Administration of the Federal Government
Ex. Ord. No. 12837, Feb. 10, 1993, 58 F.R. 8205, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Budget and Accounting Act of 1921, as amended (
(a) For fiscal year 1994, all agencies shall submit budget requests that reflect no less than a 3 percent reduction in administrative expenses from the amount made available for fiscal year 1993 adjusted for inflation;
(b) For fiscal year 1995, all agencies shall submit budget requests that reflect no less than a 6 percent reduction in administrative expenses from the amounts made available for fiscal year 1993 adjusted for inflation;
(c) For fiscal year 1996, all agencies shall submit budget requests that reflect no less than a 9 percent reduction in administrative expenses from the amounts made available for fiscal year 1993 adjusted for inflation;
(d) For fiscal year 1997, all agencies shall submit budget requests that reflect no less than a 14 percent reduction in administrative expenses from the amounts made available for fiscal year 1993 adjusted for inflation.
William J. Clinton.
Ex. Ord. No. 12862. Setting Customer Service Standards
Ex. Ord. No. 12862, Sept. 11, 1993, 58 F.R. 48257, provided:
Putting people first means ensuring that the Federal Government provides the highest quality service possible to the American people. Public officials must embark upon a revolution within the Federal Government to change the way it does business. This will require continual reform of the executive branch's management practices and operations to provide service to the public that matches or exceeds the best service available in the private sector.
NOW, THEREFORE, to establish and implement customer service standards to guide the operations of the executive branch, and by the authority vested in me as President by the Constitution and the laws of the United States, it is hereby ordered:
All executive departments and agencies (hereinafter referred to collectively as "agency" or "agencies") that provide significant services directly to the public shall provide those services in a manner that seeks to meet the customer service standard established herein and shall take the following actions:
(a) identify the customers who are, or should be, served by the agency;
(b) survey customers to determine the kind and quality of services they want and their level of satisfaction with existing services;
(c) post service standards and measure results against them;
(d) benchmark customer service performance against the best in business;
(e) survey front-line employees on barriers to, and ideas for, matching the best in business;
(f) provide customers with choices in both the sources of service and the means of delivery;
(g) make information, services, and complaint systems easily accessible; and
(h) provide means to address customer complaints.
William J. Clinton.
Ex. Ord. No. 12893. Principles for Federal Infrastructure Investments
Ex. Ord. No. 12893, Jan. 26, 1994, 59 F.R. 4233, provided:
A well-functioning infrastructure is vital to sustained economic growth, to the quality of life in our communities, and to the protection of our environment and natural resources. To develop and maintain its infrastructure facilities, our Nation relies heavily on investments by the Federal Government.
Our Nation will achieve the greatest benefits from its infrastructure facilities if it invests wisely and continually improves the quality and performance of its infrastructure programs. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Each executive department and agency with infrastructure responsibilities (hereinafter referred to collectively as "agencies") shall develop and implement plans for infrastructure investment and management consistent with the following principles:
(a) Systematic Analysis of Expected Benefits and Costs. Infrastructure investments shall be based on systematic analysis of expected benefits and costs, including both quantitative and qualitative measures, in accordance with the following:
(1) Benefits and costs should be quantified and monetized to the maximum extent practicable. All types of benefits and costs, both market and nonmarket, should be considered. To the extent that environmental and other nonmarket benefits and costs can be quantified, they shall be given the same weight as quantifiable market benefits and costs.
(2) Benefits and costs should be measured and appropriately discounted over the full life cycle of each project. Such analysis will enable informed tradeoffs among capital outlays, operating and maintenance costs, and nonmonetary costs borne by the public.
(3) When the amount and timing of important benefits and costs are uncertain, analyses shall recognize the uncertainty and address it through appropriate quantitative and qualitative assessments.
(4) Analyses shall compare a comprehensive set of options that include, among other things, managing demand, repairing facilities, and expanding facilities.
(5) Analyses should consider not only quantifiable measures of benefits and costs, but also qualitative measures reflecting values that are not readily quantified.
(b) Efficient Management. Infrastructure shall be managed efficiently in accordance with the following:
(1) The efficient use of infrastructure depends not only on physical design features, but also on operational practices. To improve these practices, agencies should conduct periodic reviews of the operation and maintenance of existing facilities.
(2) Agencies should use these reviews to consider a variety of management practices that can improve the return from infrastructure investments. Examples include contracting practices that reward quality and innovation, and design standards that incorporate new technologies and construction techniques.
(3) Agencies also should use these reviews to identify the demand for different levels of infrastructure services. Since efficient levels of service can often best be achieved by properly pricing infrastructure, the Federal Government—through its direct investments, grants, and regulations—should promote consideration of market-based mechanisms for managing infrastructure.
(c) Private Sector Participation. Agencies shall seek private sector participation in infrastructure investment and management. Innovative public-private initiatives can bring about greater private sector participation in the ownership, financing, construction, and operation of the infrastructure programs referred to in section 1 of this order. Consistent with the public interest, agencies should work with State and local entities to minimize legal and regulatory barriers to private sector participation in the provision of infrastructure facilities and services.
(d) Encouragement of More Effective State and Local Programs. To promote the efficient use of Federal infrastructure funds, agencies should encourage the State and local recipients of Federal grants to implement planning and information management systems that support the principles set forth in section 2(a) through (c) of this order. In turn, the Federal Government should use the information from the State and local recipients' management systems to conduct the system-level reviews of the Federal Government's infrastructure programs that are required by this order.
William J. Clinton.
Ex. Ord. No. 13048. Improving Administrative Management in the Executive Branch
Ex. Ord. No. 13048, June 10, 1997, 62 F.R. 32467, as amended by Ex. Ord. No. 13284, §7, Jan. 23, 2003, 68 F.R. 4075, provided:
Improvement of Government operations is a continuing process that benefits from interagency activities. One group dedicated to such activities is the President's Council on Management Improvement (PCMI), established by Executive Order 12479 in 1984, reestablished by Executive Order 12816 in 1992. In the intervening years, some activities of the PCMI have been assumed by the President's Management Council, the Chief Financial Officers Council, and the Chief Information Officers Council. These organizations are also focussed on improving agencies' use of quality management principles. Other functions have been assigned to individual agencies. Nonetheless, remaining administrative management matters deserve attention across agency lines.
By the authority vested in me as President by the Constitution and the laws of the United States of America and in order to improve agency administrative and management practices throughout the executive branch, I hereby direct the following:
(a) Purpose and Membership. An Interagency Council on Administrative Management ("Council") is established as an interagency coordination mechanism. The Council shall be composed of the Deputy Director for Management of the Office of Management and Budget, who shall serve as Chair, and one senior administrative management official from each of the following agencies:
1. Department of State;
2. Department of the Treasury;
3. Department of Defense;
4. Department of Justice;
5. Department of the Interior;
6. Department of Agriculture;
7. Department of Commerce;
8. Department of Labor;
9. Department of Health and Human Services;
10. Department of Housing and Urban Development;
11. Department of Transportation;
12. Department of Energy;
13. Department of Education;
14. Department of Veterans Affairs;
15. Department of Homeland Security;
16. Environmental Protection Agency;
17. Federal Emergency Management Agency;
18. Central Intelligence Agency;
19. Small Business Administration;
20. Department of the Army;
21. Department of the Navy;
22. Department of the Air Force;
23. National Aeronautics and Space Administration;
24. Agency for International Development;
25. General Services Administration;
26. National Science Foundation; and
27. Office of Personnel Management.
Department and agency heads shall advise the Chair of their selections for membership on the Council. Council membership shall also include representatives of the Chief Financial Officers Council, the Chief Information Officers Council, the Federal Procurement Council, the Interagency Advisory Group of Federal Personnel Directors, and the Small Agency Council, as well as at-large members appointed by the Chair, as he deems appropriate. The Chair shall invite representatives of the Social Security Administration to participate in the Council's work, as appropriate. The Council shall select a Vice Chair from among the Council's membership.
(b) The Council shall plan, promote, and recommend improvements in Government administration and operations and provide advice to the Chair on matters pertaining to the administrative management of the Federal Government. The Council shall:
(1) explore opportunities for more effective use of Government resources;
(2) support activities and initiatives of the President's Management Council, the Chief Financial Officers Council, the Chief Information Officers Council, the Federal Procurement Council, and the Interagency Advisory Group of Federal Personnel Directors designed to develop, review, revise, and implement Governmentwide administrative management policies; and
(3) identify successful administrative management practices, including quality management practices, and assist in their Governmentwide dissemination and implementation.
(1) convene meetings of the Council;
(2) preside at formal council meetings;
(3) establish committees or working groups of the Council, as necessary for efficient conduct of Council functions; and
(4) appoint, to the extent permitted by law and consistent with personnel practices, other full-time officers or employees of the Federal Government to the Council as at-large members for specific terms, not exceeding 2 years, to provide expertise to the Council.
Ex. Ord. No. 13571. Streamlining Service Delivery and Improving Customer Service
Ex. Ord. No. 13571, Apr. 27, 2011, 76 F.R. 24339, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to improve the quality of service to the public by the Federal Government, it is hereby ordered as follows:
However, with advances in technology and service delivery systems in other sectors, the public's expectations of the Government have continued to rise. The Government must keep pace with and even exceed those expectations. Government must also address the need to improve its services, not only to individuals, but also to private and Governmental entities to which the agency directly provides significant services. Government managers must learn from what is working in the private sector and apply these best practices to deliver services better, faster, and at lower cost. Such best practices include increasingly popular lower-cost, self-service options accessed by the Internet or mobile phone and improved processes that deliver services faster and more responsively, reducing the overall need for customer inquiries and complaints. The Federal Government has a responsibility to streamline and make more efficient its service delivery to better serve the public.
(a) establishing one major initiative (signature initiative) that will use technology to improve the customer experience;
(b) establishing mechanisms to solicit customer feedback on Government services and using such feedback regularly to make service improvements;
(c) setting clear customer service standards and expectations, including, where appropriate, performance goals for customer service required by the GPRA (Government Performance and Results) Modernization Act of 2010 (
(d) improving the customer experience by adopting proven customer service best practices and coordinating across service channels (such as online, phone, in-person, and mail services);
(e) streamlining agency processes to reduce costs and accelerate delivery, while reducing the need for customer calls and inquiries; and
(f) identifying ways to use innovative technologies to accomplish the customer service activities above, thereby lowering costs, decreasing service delivery times, and improving the customer experience.
(i) authority granted by law to an executive department, agency, or the head thereof; or
(ii) functions of the Director of the OMB relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Ex. Ord. No. 13576. Delivering an Efficient, Effective, and Accountable Government
Ex. Ord. No. 13576, June 13, 2011, 76 F.R. 35297, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to cut waste, streamline Government operations, and reinforce the performance and management reform gains my Administration has achieved, it is hereby ordered as follows:
The American people must be able to trust that their Government is doing everything in its power to stop wasteful practices and earn a high return on every tax dollar that is spent. To strengthen that trust and deliver a smarter and leaner Government, my Administration will reinforce the performance and management reform gains achieved thus far; systematically identify additional reforms necessary to eliminate wasteful, duplicative, or otherwise inefficient programs; and publicize these reforms so that they may serve as a model across the Federal Government.
The implementation of the American Recovery and Reinvestment Act of 2009 (
(b) The Federal Chief Performance Officer (CPO), who also serves as the Deputy Director for Management of OMB and the Chair of the President's Management Council (PMC), shall work with the PMC to support agencies' performance and management reform and cost-cutting efforts. The CPO will lead OMB and the PMC in identifying practices that should be adopted across agencies and in facilitating reforms that require cross-agency coordination and cooperation. The CPO shall work with agencies to ensure that each area identified as critical to performance improvement has robust performance metrics in place, and that these metrics are frequently analyzed and reviewed by agency leadership. Agencies shall update these metrics quarterly, as appropriate, on the website performance.gov.
(c) In accordance with the GPRA Modernization Act of 2010 (
(d) The Director of OMB shall provide guidance to agencies as part of the Fiscal Year 2013 budget process for identifying areas of program overlap and duplication within and across agencies, and for proposing consolidations and reductions to address those inefficiencies.
(e) The Chief Financial Officers (CFOs) at all agencies shall be responsible for achieving agency cost savings. This will include each agency's share of the $2.1 billion in administrative cost savings identified in my Fiscal Year 2012 Budget, and for achieving those savings as quickly as possible. The CFOs are encouraged to realize these cost savings by targeting wasteful practices and by reducing, and identifying alternatives to, discretionary travel, the use of consultants, and other administrative expenses. The Federal CFO Council shall provide a monthly report on these efforts to the PMC, with relevant findings and progress reported on performance.gov.
(b) Not later than 6 months after the date of this order, the Board shall submit a report to the President that identifies implementation guidelines for integrating systems that support the collection and display of Government spending data, ensuring the reliability of those data, and broadening the deployment of fraud detection technologies, including those proven successful during the implementation of the Recovery Act.
(c) The Director of OMB, in consultation with the Board, shall be responsible for assisting executive agencies in achieving objectives in the guidelines identified in subsection (b) above.
(d) The Chair of the Board, in consultation with the Director of OMB, shall provide monthly updates to the Vice President on the progress obtained under this order.
(i) authority granted by law to a department or agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget related to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Ex. Ord. No. 14058. Transforming Federal Customer Experience and Service Delivery To Rebuild Trust in Government
Ex. Ord. No. 14058, Dec. 13, 2021, 86 F.R. 71357, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
As the United States faces critical challenges, including recovering from a global pandemic, promoting prosperity and economic growth, advancing equity, and tackling the climate crisis, the needs of the people of the United States, informed by, in particular, an understanding of how they experience Government, should drive priorities for service delivery improvements. In recent years, the annual paperwork burden imposed by executive departments and agencies (agencies) on the public has been in excess of 9 billion hours. That number is too high. Agencies must work with the Congress; the private sector and nonprofit organizations; State, local, Tribal, and territorial governments; and other partners to design experiences with the Federal Government that effectively reduce administrative burdens, simplify both public-facing and internal processes to improve efficiency, and empower the Federal workforce to solve problems.
The Federal Government must design and deliver services in a manner that people of all abilities can navigate. We must use technology to modernize Government and implement services that are simple to use, accessible, equitable, protective, transparent, and responsive for all people of the United States. When a disaster survivor, single parent, immigrant, small business owner, or veteran waits months for the Government to process benefits to which they are entitled, that lost time is a significant cost not only for that individual, but in the aggregate, for our Nation as a whole. This lost time operates as a kind of tax—a "time tax"—and it imposes a serious burden on our people as they interact with the Government. Improving Government services should also make our Government more efficient and effective overall.
Every interaction between the Federal Government and the public, whether it involves renewing a passport or calling for a status update on a farm loan application, should be seen as an opportunity for the Government to save an individual's time (and thus reduce "time taxes") and to deliver the level of service that the public expects and deserves. By demonstrating that its processes are effective and efficient, in addition to being fair, protective of privacy interests, and transparent, the Federal Government can build public trust. Further, the Federal Government's management of its customer experience and service delivery should be driven fundamentally by the voice of the customer through human-centered design methodologies; empirical customer research; an understanding of behavioral science and user testing, especially for digital services; and other mechanisms of engagement.
Executive Order 12862 of September 11, 1993 (Setting Customer Service Standards) [set out above], required agencies that provide significant services directly to the public to identify and gather feedback from customers; establish service standards and measure performance against those standards; and benchmark customer service performance against the best customer experience provided in the private sector. Executive Order 13571 of April 27, 2011 (Streamlining Service Delivery and Improving Customer Service) [set out above], further required agencies to develop a "Customer Service Plan...to address how the agency will provide services in a manner that seeks to streamline service delivery and improve the experience of its customers." Executive Order 13707 of September 15, 2015 (Using Behavioral Science Insights To Better Serve the American People) [
(a) The term "customer" means any individual, business, or organization (such as a grantee or State, local, or Tribal entity) that interacts with an agency or program, either directly or through a federally-funded program administered by a contractor, nonprofit, or other Federal entity.
(b) The term "customer experience" means the public's perceptions of and overall satisfaction with interactions with an agency, product, or service.
(c) The term "customer life experience" means each important point in a person's life at which that person interacts with one or more entities of Government.
(d) The term "equity" means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, Indigenous and Native American persons, Asian Americans and Pacific Islanders, and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.
(e) The term "High Impact Service Provider" (HISP) means a Federal entity, as designated by the Director of the Office of Management and Budget (OMB), that provides or funds customer-facing services, including Federal services administered at the State or local level, that have a high impact on the public, whether because of a large customer base or a critical effect on those served.
(f) The term "human-centered design" means an interdisciplinary methodology of putting people, including those who will use or be impacted by what one creates, at the center of any process to solve challenging problems.
(g) The term "service delivery" means actions by the Federal Government related to providing a benefit or service to a customer of a Federal Government entity. Such actions pertain to all points of the Government-to-customer delivery process, including when a customer applies for a benefit or loan, receives a service such as health care or small business counseling, requests a document such as a passport or Social Security card, files taxes or declares goods, uses resources such as a park or historical site, or seeks information such as notices about public health or consumer protection.
(b) The Secretary of the Treasury shall design and deliver new online tools and services to ease the payment of taxes and provide the option to schedule customer support telephone call-backs. The Secretary of the Treasury should consider whether such tools and services might include expanded automatic direct deposit refunds based on prior year tax returns, tax credit eligibility tools, and expanded electronic filing options.
(c) The Secretary of the Interior shall redesign the website of the Fish and Wildlife Service, FWS.gov, in compliance with the 21st Century Integrated Digital Experience Act (
(d) The Secretary of Agriculture shall:
(i) test the use of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) benefits for online purchasing;
(ii) identify opportunities to reduce individuals' and families' burdens by simplifying enrollment and recertification for nutrition assistance programs such as the Supplemental Nutrition Assistance Program (SNAP) and the WIC, including expanding the use of direct certification; and
(iii) design and implement a simplified direct farm loan application process.
(e) The Secretary of Labor shall:
(i) update existing rules and policies, consistent with applicable law and to the extent practicable, to allow individuals entitled to medical treatment under their workers' compensation plans to conduct their routine medical treatment appointments using telehealth platforms; and
(ii) update rules, policies, and procedures to eliminate, consistent with applicable law and to the extent practicable, requirements for workers' compensation claimants to submit physical documents, but to retain the option for physical submission for claimants who cannot otherwise submit them.
(f) The Secretary of Health and Human Services shall:
(i) continue to design and deliver new, personalized online tools and expanded customer support options for Medicare enrollees;
(ii) strengthen requirements for maternal health quality measurement, including measuring perinatal quality and patient care experiences, and evaluating the measurements by race and ethnicity to aim to better identify inequities in maternal health care delivery and outcomes;
(iii) to the maximum extent permitted by law, support coordination between benefit programs to ensure applicants and beneficiaries in one program are automatically enrolled in other programs for which they are eligible;
(iv) to the maximum extent permitted by law, support streamlining State enrollment and renewal processes and removing barriers, including by eliminating face-to-face interview requirements and requiring prepopulated electronic renewal forms, to ensure eligible individuals are automatically enrolled in and retain access to critical benefit programs;
(v) develop guidance for entities regulated pursuant to the Health Insurance Portability and Accountability Act [of 1996] (HIPAA) [
(vi) test methods to automate patient access to electronic prenatal, birth, and postpartum health records (including lab results, genetic tests, ultrasound images, and clinical notes) to improve patient experiences in maternity care, health outcomes, and equity.
(g) The Secretary of Education shall:
(i) consider providing eligible recipients of student aid under Title IV of the Higher Education Act of 1965 (
(ii) design and deliver a repayment portal capability on StudentAid.gov for Direct Loan borrowers.
(h) The Secretary of Veterans Affairs shall:
(i) provide digital services through a single, integrated, and equitable digital platform on VA.gov and the VA mobile app; and
(ii) provide on-demand customer support through the channels that work best for customers, including personalized online chat with a virtual or live agent.
(i) The Secretary of Homeland Security shall:
(i) test the use of innovative technologies at airport security checkpoints to reduce passenger wait times;
(ii) provide new opportunities for customers to connect with the Transportation Security Administration, including as appropriate, online chat, improved communication during additional screenings, and additional mechanisms to provide customer feedback;
(iii) design and deliver a streamlined, online disaster assistance application; and
(iv) work with States to proactively update existing rules and policies on supporting documentation needed for disaster assistance processes to reduce burden and increase accessibility.
(j) The Administrator of the Small Business Administration shall:
(i) establish baseline experience measures for key small business application processes in areas such as loans, grants, and certifications; and
(ii) design and deliver a streamlined online disaster assistance application experience.
(k) The Commissioner of Social Security shall:
(i) within 120 days of the date of this order [Dec. 13, 2021], provide a report to the Director of OMB that analyzes all services of the Social Security Administration that currently require original or physical documentation or in-person appearance as an element of identity or evidence authentication, and that identifies potential opportunities for policy reforms that can support modernized customer experiences while ensuring original or physical documentation requirements remain where there is a statutory or strong policy rationale;
(ii) develop a mobile-accessible, online process so that any individual applying for or receiving services from the Social Security Administration can upload forms, documentation, evidence, or correspondence associated with their transaction without the need for service-specific tools or traveling to a field office;
(iii) consistent with applicable law and to the extent practicable, maintain a public policy of technology neutrality with respect to acceptable forms of electronic signatures;
(iv) consistent with applicable law and to the extent practicable, revise any necessary regulations, forms, instructions, or other sources of guidance (to include the Program Operations Manual System of the Social Security Administration) to remove requirements that members of the public provide physical signatures; and
(v) to the maximum extent permitted by law, support applicants and beneficiaries to identify other benefits for which they may be eligible and integrate Social Security Administration data and processes with those of other Federal and State entities whenever possible.
(l) The Administrator of General Services shall:
(i) develop a roadmap for a redesigned USA.gov website that aims to serve as a centralized, digital "Federal Front Door" from which customers may navigate to all Government benefits, services, and programs, and features streamlined content, processes, and technologies that use human-centered design to meet customer needs, including consolidating content currently appearing on Benefits.gov, Grants.gov, and other appropriate websites; and
(ii) dedicate multi-disciplinary design and development teams to support priority projects of HISPs that will be selected and funded each fiscal year in consultation with the Director of OMB.
(m) The Administrator of the United States Agency for International Development (USAID) shall review and revise, as appropriate, regulations, forms, instructions, or other sources of guidance relating to the application for grants and cooperative agreements in countries in which USAID works to ensure that such policies are clear and intelligible, do not contain unjustified administrative burdens or excessive paperwork requirements, and do not place undue burdens on local organizations and underserved communities.
(n) Joint Agency Actions:
(i) The Secretary of Veterans Affairs and the Administrator of General Services shall collaborate to provide seamless integration of Login.gov accounts to allow customers to access VA.gov, the VA mobile application, and other customer-facing digital products and to eliminate outdated and duplicate customer sign-in options.
(ii) The Secretary of the Treasury, the Secretary of Defense, the Secretary of Education, and the Director of the Office of Personnel Management shall collaborate to enable a more streamlined Public Service Loan Forgiveness process for eligible borrowers, including those who serve in the United States Armed Forces or as civil servants, or who work for eligible nonprofit organizations.
(iii) The Director of OMB, including through the Administrator of the United States Digital Service, shall collaborate across the Federal Government with multiple agencies and their respective customers in order to conduct human-centered design research and document customer experience challenges related to accessing grant programs to which Tribal governments are entitled, and shall propose ways to streamline processes and reduce administrative burdens on Tribal government customers.
(iv) The Director of OMB, through the Administrator of the United States Digital Service; the Administrator of General Services; and the Postmaster General are encouraged to collaborate on ways to update mailing address records across Government so that members of the public may change their respective mailing addresses for purposes of all Government services only once, through the United States Postal Service.
Such coordination may include providing States that administer elements of Federal services with guidance and flexibilities with respect to the elements of Federal programs they administer. Such coordination would allow both Federal and State government entities to maximize their respective expertise and improve efficiency. To further the policy set forth in this section:
(a) Within 90 days of the date of this order, and on a regular basis thereafter, the Deputy Director for Management of OMB and other members of the President's Management Council (PMC) shall work with the Assistant to the President and Chief of Staff, the Assistant to the President for Domestic Policy, and the Assistant to the President for Economic Policy to select a limited number of customer life experiences to prioritize for Government-wide action to improve customer experience.
(b) The Deputy Director for Management of OMB and other members of the PMC, in consultation with the Assistant to the President for Domestic Policy, the Assistant to the President for Economic Policy, and relevant interagency teams coordinated by OMB, shall organize appropriate leadership structures to assess customer life experiences selected pursuant to subsection (a) of this section, work to develop measurable improvements for such customer life experiences that involve multiple agencies, develop prospective plans for rigorously testing that use appropriate empirical methods on which approaches work best, and share lessons learned across the Federal Government.
(c) Within 180 days of the date of this order and every 6 months thereafter, the Deputy Director for Management of OMB and other members of the PMC, through the Deputy Director for Management of OMB, shall report to the Assistant to the President and Chief of Staff on the status of the actions described in subsection (b) of this section.
(d) The Director of OMB shall work with the head of each relevant agency to help resolve issues related to overlapping responsibilities among agencies, work to address barriers to serving customers across multiple agencies, and coordinate activities to improve customer experience or service delivery when primary responsibility among multiple agencies is unclear.
(e) Within 120 days of the date of this order, the Administrator of the Office of Electronic Government and the Administrator of the Office of Information and Regulatory Affairs within OMB, in consultation with relevant interagency councils (including the Chief Information Officers Council, the Federal Privacy Council, the Chief Data Officer Council, the Evaluation Officer Council, and the Interagency Council on Statistical Policy), shall coordinate their current, respective efforts to develop guidance for agencies, ensuring that such guidance incorporates opportunities to:
(i) improve the efficiency and effectiveness of data sharing and support processes among agencies and with State and local governments; and
(ii) streamline the process for agencies to provide services to State and local governments, consistent with applicable law.
(f) Within 120 days of the date of this order, the Administrator of the Office of Information and Regulatory Affairs shall provide guidance for agencies on:
(i) identifying specific steps to reduce information collection burdens on customers to enhance access across agencies; and
(ii) clarifying and updating recommendations and flexibilities under the Paperwork Reduction Act (
(g) Within 180 days of the date of this order, the Administrator of General Services shall submit to the Director of OMB a roadmap for the development of prioritized common services and standards (such as the United States Web Design System or systems for login and identity management), platforms (such as notification capabilities), and digital products (such as USA.gov) that support increased efficiency, integration, and improved service delivery of designated customer life experiences.
(b) The Secretary of State, the Secretary of the Treasury, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Education, the Secretary of Veterans Affairs, the Secretary of Homeland Security, the Administrator of the Small Business Administration, the Commissioner of Social Security, the Administrator of General Services, the Administrator of the United States Agency for International Development, and the Director of the Office of Personnel Management shall each submit to the Director of OMB a report including an assessment of the improvements needed in each agency's customer experience management and service design capabilities in light of this order, to be prioritized within each agency's respective available and budgeted resources.
(c) The head of each HISP shall, in consultation with the Deputy Director for Management of OMB, annually designate a limited number of services for prioritized improvement (designated services). Identification of designated services should be based on the moments that matter most to the individuals served, as illustrated through human-centered design and other research, and on those services' public-facing nature, the number of individuals served, the volume of transactions, the total Federal dollars spent, the safety and protection of lives, or the critical nature of the services provided in the lives of the individuals they serve.
(d) The Deputy Director for Management of OMB shall issue guidance for HISPs that outlines an annual process for assessing their capacity to manage customer experience, assessing their performance of designated services through meaningful measures from the perspective of the public and planning for the improvement of the customer experience. Assessments should include, as appropriate, the identification of customer experience challenges experienced by customers of the HISP in the form of administrative burdens or other barriers, informed by experiential data (including, as appropriate, through randomized controlled trials or other rigorous program evaluation); ethnographic research; feedback from public engagement; human-centered design methodologies such as journey mapping; operational and administrative data analysis; direct observations; examination, from a customer perspective, of how to navigate the agency's service offerings, apply for a benefit, or comply with a requirement of the agency; observations of customer interaction with the agency's website or application processes and tools; or observations of customer support service delivery such as activities at call centers. Informed by findings from these assessments, plans for improvement should include, as appropriate, actions such as conducting outreach to the public about the agency's programs and other Federal programs for which those served by the agency may be eligible, providing assistance to members of the public enrolling in the agency's programs and other Federal programs, streamlining and improving accessibility of forms and digital experiences, eliminating unnecessary administrative burdens on customers, ensuring the accessibility of services for customers with disabilities and those with limited English proficiency, developing targeted actions to advance equity for communities that face inequitable barriers to service access, or engaging in other efforts to coordinate with other agencies to reduce the need for those they serve to interact separately with multiple agencies.
(e) The Director of OMB shall establish a team within OMB to lead and support agency customer experience initiatives as well as such initiatives that reach across agencies, including by facilitating the decision-making processes needed to achieve the objectives of this order; coordinating HISP activities as outlined in this order; and developing strategies for the integration of services and development of products involving multiple agencies as contemplated in this order.
(f) All agencies, whether identified in this section or not, are urged to apply guidance issued pursuant to subsection (d) of this section to improve their service delivery.
(a) integrate activities to improve customer experience, as appropriate and consistent with applicable law, into their respective:
(i) agency strategic plans developed pursuant to
(ii) Agency Performance Plans developed pursuant to
(iii) portions of performance plans relating to human and capital resource requirements to achieve performance goals pursuant to
(iv) agency priority goals developed pursuant to
(v) selection of items for their respective regulatory agendas and plans pursuant to subsections 4(b) and (c) of Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review) [
(vi) individual performance plans for senior executives consistent with
(vii) as permitted by law, any other agency activities, acquisitions, and strategies that the Director of OMB determines to be appropriate to further the implementation of the policy articulated in this order;
(b) direct all of their respective program offices to apply the guidance from OMB's Office of Information and Regulatory Affairs described in section 5(f) of this order, as well as the requirements of the Paperwork Reduction Act related to collections of information, consistently with guidance contained in the Office of Information and Regulatory Affairs Memorandum of July 22, 2016 (Flexibilities under the Paperwork Reduction Act for Compliance with Information Collection Requirements), which provides that the Paperwork Reduction Act does not apply to agencies' general solicitations of public views and feedback, certain ratings and rankings of Federal services by members of the public using Government websites, or direct observations of users interacting with digital tools and products;
(c) direct all of their respective program offices to identify opportunities to apply policies, including those set forth in subsections 1(a) and (b) of Executive Order 13707, and to engage in promising practices such as the advance testing of information collections described in the Office of Information and Regulatory Affairs Memorandum of August 9, 2012 (Testing and Simplifying Federal Forms);
(d) identify opportunities, as appropriate and consistent with applicable law, to modify their respective agencies' regulations, internal and public-facing guidance, and policies to include positive and equitable customer experiences and service delivery as part of their respective agencies' missions; issue internal directives or policies on customer experience and service delivery to articulate how their respective agencies' strategies and missions relate to customer experience and service delivery outcomes; and promote coordination within and among their respective agencies concerning those customer life experiences that cut across agency or agency component responsibilities;
(e) improve the digital customer experience for their respective agencies' customers by modernizing agency websites, using human-centered design methodologies, digitizing agency services and forms, modernizing records management, updating network infrastructure and mobility capabilities, and accelerating the use of electronic signatures when aligned with policy priorities, as required by the 21st Century Integrated Digital Experience Act (
(f) identify means by which their respective agencies can improve transparency and accessibility through their compliance with the Plain Writing Act of 2010 (
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
J.R. Biden, Jr.
Implementing Management Reform in Executive Branch
Memorandum of President of the United States, Oct. 1, 1993, 58 F.R. 52393, which directed the head of executive departments and agencies, and requested independent agencies, to establish a chief operating officer and implement additional agency management reforms and established the President's Management Council to advise and assist the President and Vice President in ensuring that such reforms were implemented, was revoked by Memorandum of President of the United States, July 11, 2001, 66 F.R. 37105, set out below.
Implementing Government Reform
Memorandum of President of the United States, July 11, 2001, 66 F.R. 37105, provided:
Memorandum for the Heads of Executive Departments and Agencies
Throughout the campaign and in my Budget, I have called for "active, but limited" Government: one that empowers States, cities, and citizens to make decisions; ensures results through accountability; and promotes innovation through competition. Thus, if reform is to help the Federal Government adapt to a rapidly changing world, its primary objectives must be a Government that is:
• Citizen-centered—not bureaucracy centered;
• Results-oriented—not process-oriented; and
• Market-based—actively promoting, not stifling, innovation and competition.
In order to establish and implement Government reform throughout the executive branch, I hereby direct the following:
1. Establish Chief Operating Officers.
Each agency head shall designate a Chief Operating Officer, who shall be the senior official with agency-wide authority on behalf of the Secretary or agency head. The Chief Operating Officer, the equivalent of the Deputy Secretary, shall report directly to the agency head and shall be responsible for:
(a) implementing the President's and agency head's goals and the agency's mission;
(b) providing overall organization management to improve agency performance;
(c) assisting the agency head in promoting Government reform, developing strategic plans, and measuring results; and
(d) overseeing agency-specific efforts to integrate performance and budgeting, expand competitive sourcing, strengthen their workforce, improve financial management, advance e-government, apply information policy and technology policies, and other Government-wide management reforms.
2. Implement Additional Agency Reforms.
Each agency head shall identify and implement additional changes within the agency that will promote the principles of government reform.
3. Establishment of President's Management Council.
In order to advise and assist the President in ensuring that Government reform is implemented throughout the executive branch, I hereby establish the President's Management Council ("Council"). The Council shall comprise:
(a) The Deputy Director, Office of Management and Budget;
(b) The Chief Operating Officers from the following agencies:
(1) Department of State;
(2) Department of the Treasury;
(3) Department of Defense;
(4) Department of Justice;
(5) Department of the Interior;
(6) Department of Agriculture;
(7) Department of Commerce;
(8) Department of Labor;
(9) Department of Health and Human Services;
(10) Department of Housing and Urban Development;
(11) Department of Transportation;
(12) Department of Energy;
(13) Department of Education; and
(14) Department of Veterans Affairs.
(c) The following central management agency representatives:
(1) Director of the Office of Personnel Management;
(2) Administrator of General Services;
(d) Chief Operating Officers of the following agencies:
(1) Environmental Protection Agency;
(2) National Aeronautics and Space Administration;
(3) National Science Foundation;
(4) Social Security Administration; and
(5) Federal Emergency Management Agency.
(e) Chief Operating Officers of three other executive branch agencies designated by the Chairperson, in his or her discretion;
(f) Assistant to the President and Cabinet Secretary;
(g) Deputy Assistant to the President for Management and Administration; and
(h) Deputy Chief of Staff to the Vice President; and
(i) Such other officials of the executive departments and agencies as the Director of the Office of Management and Budget or I may, from time to time, designate.
The Deputy Director of the Office of Management and Budget shall serve as Chairperson of the Council. The Chairperson of the Council may appoint a Vice-Chairperson from the Council's membership to assist the Chairperson in conducting affairs of the Council.
The functions of the Council shall include, among others:
(a) improving overall executive branch management, including implementation of the President's Management Agenda;
(b) coordinating management-related efforts to improve Government throughout the executive branch and, as necessary, resolving specific interagency management issues;
(c) ensuring the adoption of new management practices in agencies throughout the executive branch; and
(d) identifying examples of, and providing mechanisms for, interagency exchange of information about best management practices.
The Council shall seek advice and information as appropriate from nonmember Federal agencies, particularly smaller agencies. The Council shall also consider the management reform experience of corporations, nonprofit organizations, State and local governments, Government employees, public sector unions, and customers of Government services.
Agencies shall cooperate with the Council and provide such assistance, information, and advice to the Council as the Council may request, to the extent permitted by law.
4. Independent Agencies.
Independent agencies are requested to comply with this memorandum.
5. Revocation and Judicial Review.
(a) the memorandum of October 1, 1993, entitled "Implementing Management Reform in the Executive Branch" is revoked.
(b) this memorandum is for the internal management of the executive branch and does not create any right or benefit, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.
6. Publication.
The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
Government Reform for Competitiveness and Innovation
Memorandum of President of the United States, Mar. 11, 2011, 76 F.R. 14273, provided:
Memorandum for the Heads of Executive Departments and Agencies
As I outlined in my State of the Union address to the Congress on January 25, 2011, winning the future in the global economy will require reducing our deficit while investing in areas critical to long-term economic growth and competitiveness such as education, innovation, and infrastructure. By out-educating, out-innovating, and out-building our competitors, we will enable our Nation to grow, create jobs, and thrive in the years ahead.
At the same time, we cannot win the future with a government built for the past. We live and do business in the information age, but the organization of the Federal Government has not kept pace. Government agencies have grown without overall strategic planning and duplicative programs have sprung up, making it harder for each to reach its goals. Already, my Administration has taken on this waste and duplication. My current budget proposes more than 200 terminations, reductions, and savings in agency programs totaling approximately $30 billion in fiscal year 2012. And in areas as varied as surface transportation to job training, public health, and education, I have proposed to consolidate scores of programs into more focused, effective, and streamlined initiatives.
But we must go further. Winning the future will take a government that judiciously allocates scarce government resources to maximize its efficiency and effectiveness so that it can best support American competitiveness and innovation. Now is the time to act to consolidate and reorganize the executive branch of the Federal Government in a way that best serves this goal.
By this memorandum, I assign our Nation's first Chief Performance Officer, who also serves as the Deputy Director for Management of the Office of Management and Budget (the "Chief Performance Officer"), the responsibility of leading the effort to create a plan for the restructuring and streamlining of the executive branch of the Federal Government. The first focus of this effort shall be on the executive departments and agencies and the functions that support one of our most important priorities—increasing trade, exports, and our overall competitiveness ("trade and competitiveness").
Accordingly, I direct the following:
(1) The Chief Performance Officer shall establish a Government Reform for Competitiveness and Innovation Initiative, led by an Executive Director, to conduct a comprehensive review of the Federal agencies and programs involved in trade and competitiveness, including analyzing their scope and effectiveness, areas of overlap and duplication, unmet needs, and possible cost savings.
(2) As part of this review, the Chief Performance Officer and Executive Director shall confer broadly with the heads and staff of executive departments and agencies, including the offices and agencies within the Executive Office of the President (collectively, the "agencies"). They should also consult broadly with external stakeholders, including Members of Congress, business leaders, unions, nongovernmental organizations, and government reform experts, to hear their individual and independent perspectives on what we are doing well and where we could improve our effectiveness and efficiency.
(3) Within 90 days from the date of this memorandum, the Chief Performance Officer shall submit recommendations to me for presidential and, ultimately, congressional action to restructure and streamline Federal Government programs focused on trade and competitiveness, based on the following principles:
(a) the functions of the executive branch of the Federal Government involved in trade and competitiveness should be organized so that the Federal Government can most efficiently and effectively facilitate the competitiveness of American businesses, large and small, and American workers in the changing global economy;
(b) the responsibilities, authorities, programs, and requirements of agencies should be transparent, understandable, and easily accessible to the American public; and
(c) agencies and programs should be organized to reduce inefficiencies and overlapping responsibilities or functions, maximize return on taxpayer dollars, and best serve the American public.
(4) Agencies shall provide, consistent with law, information and assistance requested by the Chief Performance Officer and Executive Director to inform their work as directed by this memorandum.
(5) Agencies shall carry out the provisions of this memorandum to the extent permitted by law and consistent with their statutory and regulatory authorities and their enforcement mechanisms.
(6) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(7) The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
§502. Officers
(a) The head of the Office of Management and Budget is the Director of the Office of Management and Budget. The Director is appointed by the President, by and with the advice and consent of the Senate. Under the direction of the President, the Director shall administer the Office.
(b) The Office has a Deputy Director of the Office of Management and Budget, appointed by the President, by and with the advice and consent of the Senate. The Deputy Director—
(1) shall carry out the duties and powers prescribed by the Director; and
(2) acts as the Director when the Director is absent or unable to serve or when the office of Director is vacant.
(c) The Office has a Deputy Director for Management appointed by the President, by and with the advice and consent of the Senate. The Deputy Director for Management shall be the chief official responsible for financial management in the United States Government.
(d) The Office has 3 Assistant Directors who shall carry out the duties and powers prescribed by the Director.
(e) The Office may have not more than 6 additional officers, each of whom is appointed in the competitive service by the Director, with the approval of the President. Each additional officer shall carry out the duties and powers prescribed by the Director. The Director shall specify the title of each additional officer.
(f) When the Director and Deputy Director are absent or unable to serve or when the offices of Director and Deputy Director are vacant, the President may designate an officer of the Office to act as Director.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 502(a) | 31:16(2d sentence related to Director). | June 10, 1921, ch. 18, §207(2d, 3d sentences), |
| 502(b) | 31:16(2d sentence related to Deputy Director, 3d sentence). | |
| 502(c) | 31:16a. | Reorg. Plan No. 1 of 1939, eff. July 1, 1939, §1, |
| 31:16c. | Reorg. Plan No. 1 of 1939, eff. July 1, 1939, §1, |
|
| 502(d), (e) | 31:16(note). | Reorg. Plan No. 1 of 1939, eff. July 1, 1939, §1, |
In subsections (a) and (b), the words related to salaries in section 207 of the Budget and Accounting Act, 1921 (ch. 18,
In subsection (a), the text of section 102(d)(1st sentence) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsections (b) and (c), the words "designated by this reorganization plan" in section 102(e) of Reorganization Plan No. 2 of 1970 are omitted as executed. The words "carry out the duties and powers prescribed by" are substituted for "perform such functions as" for consistency in the revised title and with other titles of the Code. The words "may from time to time direct" are omitted as unnecessary.
In subsection (c), the words "the duties and powers prescribed by" in section 102(e)(related to Assistant Directors) of Reorganization Plan No. 2 of 1970 are substituted for "such functions as" for consistency. The words "may from time to time direct" are omitted as unnecessary. The words related to compensation in 31:16c are omitted as covered by 5:5315(37).
In subsection (d), the words "as determined from time to time by the Director of the Office of Management and Budget (hereinafter referred to as the Director)" in section 102(c)(1st sentence) of Reorganization Plan No. 2 of 1970 are omitted as unnecessary. The words "in the competitive" are substituted for "under the classified civil" in section 102(c)(2d sentence) of the Reorganization Plan to conform to 5:2102. The words "The Director shall specify the title of each additional officer" are substituted for "shall have such title as the Director shall from time to time determine" to eliminate unnecessary words. The words "provided for in subsection (c) of this section" in section 102(e)(related to officers) of the Reorganization Plan are omitted because of the restatement. The words "carry out the duties and powers prescribed by" are substituted for "perform such functions as" for consistency in the revised title and with other titles of the Code. The words "may from time to time direct" are omitted as unnecessary.
In subsection (e), the words "When the Director and Deputy Director are absent or unable to serve or when the offices of Director and Deputy Director are vacant" are substituted for "or during the absence or disability of the Deputy Director or in the event of a vacancy in the office of Deputy Director" and "during the absence or disability of the Director or in the event of a vacancy in the office of Director" in section 102(f)(words between parentheses) of Reorganization Plan No. 2 of 1970 for clarity and consistency with other titles of the Code. The words "an officer" are substituted for "such other officials" for clarity and consistency in the chapter. The words "in such order as" are omitted as unnecessary. The words "from time to time" are eliminated as unnecessary.
Editorial Notes
Amendments
1990—Subsecs. (c) to (f).
§503. Functions of Deputy Director for Management
(a) Subject to the direction and approval of the Director, the Deputy Director for Management shall establish governmentwide financial management policies for executive agencies and shall perform the following financial management functions:
(1) Perform all functions of the Director, including all functions delegated by the President to the Director, relating to financial management.
(2) Provide overall direction and leadership to the executive branch on financial management matters by establishing financial management policies and requirements, and by monitoring the establishment and operation of Federal Government financial management systems.
(3) Review agency budget requests for financial management systems and operations, and advise the Director on the resources required to develop and effectively operate and maintain Federal Government financial management systems and to correct major deficiencies in such systems.
(4) Review and, where appropriate, recommend to the Director changes to the budget and legislative proposals of agencies to ensure that they are in accordance with financial management plans of the Office of Management and Budget.
(5) Monitor the financial execution of the budget in relation to actual expenditures, including timely performance reports.
(6) Oversee, periodically review, and make recommendations to heads of agencies on the administrative structure of agencies with respect to their financial management activities.
(7) Develop and maintain qualification standards for agency Chief Financial Officers and for agency Deputy Chief Financial Officers appointed under sections 901 and 903, respectively (excluding any officer designated or appointed under section 901(c)).
(8) Provide advice to agency heads with respect to the selection of agency Chief Financial Officers and Deputy Chief Financial Officers (excluding any officer designated or appointed under section 901(c)).
(9) Provide advice to agencies regarding the qualifications, recruitment, performance, and retention of other financial management personnel.
(10) Assess the overall adequacy of the professional qualifications and capabilities of financial management staffs throughout the Government and make recommendations on ways to correct problems which impair the capacity of those staffs.
(11) Settle differences that arise among agencies regarding the implementation of financial management policies.
(12) Chair the Chief Financial Officers Council established by section 302 of the Chief Financial Officers Act of 1990.
(13) Communicate with the financial officers of State and local governments, and foster the exchange with those officers of information concerning financial management standards, techniques, and processes.
(14) Issue such other policies and directives as may be necessary to carry out this section, and perform any other function prescribed by the Director.
(b) Subject to the direction and approval of the Director, the Deputy Director for Management shall establish general management policies for executive agencies and perform the following general management functions:
(1) Coordinate and supervise the general management functions of the Office of Management and Budget.
(2) Perform all functions of the Director, including all functions delegated by the President to the Director, relating to—
(A) managerial systems, including the systematic measurement of performance;
(B) procurement policy;
(C) grant, cooperative agreement, and assistance management;
(D) information and statistical policy;
(E) property management;
(F) human resources management;
(G) regulatory affairs; and
(H) other management functions, including organizational studies, long-range planning, program evaluation, productivity improvement, and experimentation and demonstration programs.
(3) Provide complete, reliable, and timely information to the President, the Congress, and the public regarding the management activities of the executive branch.
(4) Facilitate actions by the Congress and the executive branch to improve the management of Federal Government operations and to remove impediments to effective administration.
(5) Chair the Chief Information Officers Council established under
(6) Provide leadership in management innovation, through—
(A) experimentation, testing, and demonstration programs; and
(B) the adoption of modern management concepts and technologies.
(7) Work with State and local governments to improve and strengthen intergovernmental relations, and provide assistance to such governments with respect to intergovernmental programs and cooperative arrangements.
(8) Review and, where appropriate, recommend to the Director changes to the budget and legislative proposals of agencies to ensure that they respond to program evaluations by, and are in accordance with general management plans of, the Office of Management and Budget.
(9) Provide advice to agencies on the qualification, recruitment, performance, and retention of managerial personnel.
(10) Perform any other functions prescribed by the Director.
(c)
(1)
(A) adopt governmentwide standards, policies, and guidelines for program and project management for executive agencies;
(B) oversee implementation of program and project management for the standards, policies, and guidelines established under subparagraph (A);
(C) chair the Program Management Policy Council established under section 1126(b);
(D) establish standards and policies for executive agencies, consistent with widely accepted standards for program and project management planning and delivery;
(E) engage with the private sector to identify best practices in program and project management that would improve Federal program and project management;
(F) conduct portfolio reviews to address programs identified as high risk by the Government Accountability Office;
(G) not less than annually, conduct portfolio reviews of agency programs in coordination with Project Management Improvement Officers designated under section 1126(a)(1) to assess the quality and effectiveness of program management; and
(H) establish a 5-year strategic plan for program and project management.
(2)
(A) the provisions of
(B) policy, guidance, or instruction of the Department related to program management.
(Added
Editorial Notes
References in Text
Section 302 of the Chief Financial Officers Act of 1990 [
Prior Provisions
A prior section 503 was renumbered
Amendments
2017—Subsec. (c).
2016—Subsec. (c).
2002—Subsec. (b)(5) to (10).
1999—Subsec. (a)(7).
Subsec. (a)(8).
1994—Subsec. (b)(9).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Effective Date of 1999 Amendment
Issuance of Standards, Policies, and Guidelines for Program and Project Management; Regulations
"(2)
"(3)
Similar provisions were contained in
§504. Office of Federal Financial Management
(a) There is established in the Office of Management and Budget an office to be known as the "Office of Federal Financial Management". The Office of Federal Financial Management, under the direction and control of the Deputy Director for Management of the Office of Management and Budget, shall carry out the financial management functions listed in
(b) There shall be at the head of the Office of Federal Financial Management a Controller, who shall be appointed by the President, by and with the advice and consent of the Senate. The Controller shall be appointed from among individuals who possess—
(1) demonstrated ability and practical experience in accounting, financial management, and financial systems; and
(2) extensive practical experience in financial management in large governmental or business entities.
(c) The Controller of the Office of Federal Financial Management shall be the deputy and principal advisor to the Deputy Director for Management in the performance by the Deputy Director for Management of functions described in section 503(a).
(Added
Editorial Notes
Prior Provisions
A prior section 504 was renumbered
§505. Office of Information and Regulatory Affairs
The Office of Information and Regulatory Affairs, established under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 503 | (no source). |
The section is included to provide in subchapter I of
Editorial Notes
Amendments
1990—
§506. Office of Federal Procurement Policy
The Office of Federal Procurement Policy, established under
(Added
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 504 | (no source). |
The section is included to provide in subchapter I of
Editorial Notes
Amendments
2011—
1990—
§507. Office of Electronic Government
The Office of Electronic Government, established under
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 120 days after Dec. 17, 2002, see section 402(a)(1) of
SUBCHAPTER II—ADMINISTRATIVE
§521. Employees
The Director of the Office of Management and Budget shall appoint and fix the pay of employees of the Office under regulations prescribed by the President.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 521 | 31:17(a)(related to employees). | June 10, 1921, ch. 18, §208(a)(related to employees), |
The words "attorneys and other" are omitted as being included in "employees".
§522. Necessary expenditures
The Director of the Office of Management and Budget may make necessary expenditures for the Office under regulations prescribed by the President.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 522 | 31:17(a)(related to expenses). | June 10, 1921, ch. 18, §208(a)(related to expenses), |
The words "for rent in the District of Columbia, printing, binding, telegrams, telephone service, law books, books of reference, periodicals, stationery, furniture, office equipment, other supplies, and" are omitted as covered by titles 5, 40, and 44, and as being included in "necessary expenditures". The words "within the appropriations made therefor" are omitted as unnecessary.
CHAPTER 7 —GOVERNMENT ACCOUNTABILITY OFFICE
SUBCHAPTER I—DEFINITIONS AND GENERAL ORGANIZATION
SUBCHAPTER II—GENERAL DUTIES AND POWERS
SUBCHAPTER III—PERSONNEL
SUBCHAPTER IV—PERSONNEL APPEALS BOARD
SUBCHAPTER V—ANNUITIES
SUBCHAPTER VI—PROPERTY MANAGEMENT
SUBCHAPTER VII—CENTER FOR AUDIT EXCELLENCE
Editorial Notes
Amendments
2017—
2014—
2008—
2004—
2000—
1994—
1988—
1 Section catchline amended by
SUBCHAPTER I—DEFINITIONS AND GENERAL ORGANIZATION
§701. Definitions
In this chapter—
(1) "agency" includes the District of Columbia government but does not include the legislative branch or the Supreme Court.
(2) "appropriations" means appropriated amounts and includes, in appropriate context—
(A) funds;
(B) authority to make obligations by contract before appropriations; and
(C) other authority making amounts available for obligation or expenditure.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 701(1) | 31:2(1st–4th pars.). | June 10, 1921, ch. 18, §2(1st–5th pars.), |
| 701(2) | 31:2(last par.). | June 10, 1921, ch. 18, |
In clause (1), "agency" (which is defined for purposes of this title in section 101 to mean a department, agency, or instrumentality of the United States) is coextensive with and substituted for the term "department or establishment" which was defined in 31:2 as in part meaning "any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including any independent regulatory commission or board". This definition merely restates and continues, and does not in any way change or expand, the definition in 31:2. Under that definition, entities such as the Tennessee Valley Authority that have been interpreted to be outside the purview of the definition will continue to be outside the purview in the same manner and to the same extent that they were under 31:2. The words "includes the District of Columbia government" are used because of existing law but the inclusion of these words is not to be interpreted as construing the extent to which the District of Columbia Self-Government and Governmental Reorganizational Act (
Statutory Notes and Related Subsidiaries
Short Title of 2024 Amendment
Short Title of 2017 Amendment
Short Title of 2008 Amendment
Short Title of 2004 Amendment
Short Title of 1996 Amendment
Short Title of 1988 Amendment
§702. Government Accountability Office
(a) The Government Accountability Office is an instrumentality of the United States Government independent of the executive departments.
(b) The head of the Office is the Comptroller General of the United States. The Office has a Deputy Comptroller General of the United States.
(c) The Comptroller General may adopt a seal for the Office.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 702(a) | 31:41(1st sentence less last 14 words, 2d, 3d sentences). | June 10, 1921, ch. 18, §301, |
| 702(b) | 31:41(1st sentence last 14 words). | |
| 31:42(a)(1st sentence words before comma). | June 10, 1921, ch. 18, §302(a)(1st sentence words before 1st comma), |
|
| 31:1154(d)(1st sentence). | Oct. 26, 1970, |
|
| 31:1155(a). | Oct. 26, 1970, |
|
| 702(c) | 31:51–1. | Jan. 2, 1975, |
| 702(d) | 31:41(last sentence). |
In subsection (a), the words "instrumentality of the United States Government" are substituted for "establishment of the Government" for consistency. The words "created . . . to be" and 31:41(2d, 3d sentences) are omitted as executed.
Subsection (b) is substituted for 31:41(1st sentence last 14 words) and 42(a)(1st sentence words before comma) to eliminate unnecessary words and for consistency. The word "Deputy" is substituted for "Assistant" because of section 101 of the Act of July 9, 1971 (
In subsection (c), the words "Administrator of General Services" are substituted for "the head of any Federal agency which exercises authority over such building" for clarity. The words "of the United States" are omitted as surplus.
Editorial Notes
Amendments
2004—
1988—Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
Change of Name
"(a)
"(b)
Transfers and Terminations of Functions
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(2)
"(c)
"(d)
"(1)
"(A) which have been issued, made, granted, or allowed to become effective by the Comptroller General or any official of the General Accounting Office [now Government Accountability Office], or by a court of competent jurisdiction, in the performance of any function or authority transferred under this Act, and
"(B) which are in effect at the time of the transfer;
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law.
"(2)
"(3)
Contract Appeals Board
"(a)
"(1) the term 'Board' means the Contract Appeals Board established under subsection (b); and
"(2) the term 'legislative branch agency' means—
"(A) the Architect of the Capitol;
"(B) the United States Botanic Gardens [sic];
"(C) the Government Accountability Office;
"(D) the Government Publishing Office;
"(E) the Library of Congress;
"(F) the Congressional Budget Office;
"(G) the United States Capitol Police; and
"(H) any other agency, including any office, board, or commission, established in the legislative branch; and
"(b)
"(c)
"(1)
"(2)
"(3)
"(d)
"(e)
§703. Comptroller General and Deputy Comptroller General
(a)(1) The Comptroller General and Deputy Comptroller General are appointed by the President, by and with the advice and consent of the Senate.
(2) When a vacancy occurs in the office of Comptroller General or Deputy Comptroller General, a commission is established to recommend individuals to the President for appointment to the vacant office. The commission shall be composed of—
(A) the Speaker of the House of Representatives;
(B) the President pro tempore of the Senate;
(C) the majority and minority leaders of the House of Representatives and the Senate;
(D) the chairmen and ranking minority members of the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House; and
(E) when the office of Deputy Comptroller General is vacant, the Comptroller General.
(3) A commission established because of a vacancy in the office of the Comptroller General shall recommend at least 3 individuals. The President may ask the commission to recommend additional individuals.
(b) Except as provided in subsection (e) of this section, the term of the Comptroller General is 15 years. The Comptroller General may not be reappointed. The term of the Deputy Comptroller General expires on the date an individual is appointed Comptroller General. The Deputy Comptroller General may continue to serve until a successor is appointed.
(c) The Deputy Comptroller General—
(1) carries out duties and powers prescribed by the Comptroller General; and
(2) acts for the Comptroller General when the Comptroller General is absent or unable to serve or when the office of Comptroller General is vacant.
(d) The Comptroller General shall designate an officer or employee of the Government Accountability Office to act as Comptroller General when the Comptroller General and Deputy Comptroller General are absent or unable to serve or when the offices of Comptroller General and Deputy Comptroller General are vacant.
(e)(1) A Comptroller General or Deputy Comptroller General may retire after becoming 70 years of age and completing 10 years of service as Comptroller General or Deputy Comptroller General (as the case may be). Either may be removed at any time by—
(A) impeachment; or
(B) joint resolution of Congress, after notice and an opportunity for a hearing, only for—
(i) permanent disability;
(ii) inefficiency;
(iii) neglect of duty;
(iv) malfeasance; or
(v) a felony or conduct involving moral turpitude.
(2) A Comptroller General or Deputy Comptroller General removed from office under paragraph (1) of this subsection may not be reappointed to the office.
(f) The annual rate of basic pay of the—
(1) Comptroller General is equal to the rate for level II of the Executive Schedule; and
(2) Deputy Comptroller General is equal to the rate for level III of the Executive Schedule.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 703(a)(1) | 31:42(a)(1st sentence words after comma). | June 10, 1921, ch. 18, §302(a)(1st sentence words after 1st comma, last sentence), |
| 703(a)(2), (3) | 31:42(b). | June 10, 1921, ch. 18, |
| 703(b) | 31:43(1st par. 1st, 2d sentence). | June 10, 1921, ch. 18, §303(1st par.), |
| 703(c) | 31:42(a)(last sentence). | |
| 703(d) | 31:43a. | June 27, 1944, ch. 286, §101(last par. on p. 371), |
| 703(e) | 31:43(1st par. 3d–last sentences). | |
| 703(f) | 31:42a. | Aug. 14, 1964, |
In subsections (a)(1), (b), (d), and (e), the word "Deputy" is substituted for "Assistant" because of section 101 of the Act of July 9, 1971 (
In subsection (a)(1), the words "The Comptroller General and Deputy Comptroller General" are added because of the restatement. The words "by and" are added for consistency. The words "and shall receive salaries of $10,000 and $7,500 a year, respectively" in section 302(a)(1st sentence words after 2d comma) of the Budget and Accounting Act, 1921 (ch. 18,
In subsection (a)(2), before clause (A), the words "after April 3, 1980" are omitted as executed. In clause (E), the words "of the United States" are omitted as surplus.
In subsection (a)(3), the words "because of a vacancy in the office of the Comptroller General" are substituted for "under paragraph (1)" for clarity. The word "recommend" is substituted for "submit" and "submitted" for consistency. The words "to the President for consideration the names of", "for the Office of Comptroller General", and "within his discretion" are omitted as surplus.
In subsection (b), the words "the term of . . . is 15 years" are substituted for "shall hold office for fifteen years" for consistency. The words "eligible for" are omitted as surplus. The words "the term of . . . expires on" are substituted for "shall hold office from the date of his appointment until" to eliminate unnecessary words and for consistency. The words "to fill a vacancy in the Office of" are omitted as surplus.
In subsection (c), the words "carries out duties and powers prescribed" are substituted for "perform such duties as may be assigned" for consistency. The words "to him" are omitted as surplus.
In subsection (d), the words "officer or" are added for consistency in the revised title. The text of section 101(last par. on p. 371 words before colon) of the Act of June 27, 1944 (ch. 286,
In subsection (e)(1), before clause (A), the words "from his office" are omitted as surplus. In clause (A), the words "and for no other cause and in no other manner" are omitted as surplus. In clause (B), before subclause (i), the words "opportunity for a" are added for consistency. The words "guilty of" are omitted as surplus. In subclause (i), the word "disability" is substituted for "incapacitated" for consistency in the chapter and with title 5. In subclause (iv), the words "in office" are omitted as surplus.
In subsection (e)(2), the words "from office" are added for clarity.
In subsection (f), before clause (1), the words "basic pay" are substituted for "compensation" for consistency with other titles of the United States Code. In clauses (1) and (2), the words "of the United States" and "positions at" are omitted as surplus. In clause (1), the words "of subchapter II of
Editorial Notes
Amendments
2004—Subsec. (d).
1988—Subsec. (e)(1).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
Effective Date of 1988 Amendment
Amendment by
Executive Documents
Salary Increases
1987—Salaries of Comptroller General and Deputy Comptroller General increased respectively to $89,500 and $82,500 per annum, on recommendation of the President of the United States, see note set out under
1977—Salaries of Comptroller General and Deputy Comptroller General increased respectively to $57,500 and $52,500 per annum, on recommendation of the President of the United States, see note set out under
1969—Salaries of Comptroller General and Assistant Comptroller General increased respectively to $42,500 and $40,000 per annum, on recommendation of the President of the United States, see note set out under
§704. Relationship to other laws
(a) To the extent applicable, all laws generally related to administering an agency apply to the Comptroller General.
(b) A copy of a record and a transcript from a record or proceeding of the Comptroller General, that the Comptroller General or Deputy Comptroller General certifies under seal, shall be admitted as evidence with the same effect as a copy or transcript referred to in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 704(a) | 31:46(1st sentence). | June 10, 1921, ch. 18, §306, |
| 704(b) | 31:46(last sentence). |
In the section, the words "Comptroller General" are substituted for "General Accounting Office" for consistency.
In subsection (a), the word "agency" is substituted for "departments and establishments" because of section 701 of the revised title.
In subsection (b), the word "record" is substituted for "books, records, papers, or documents" for consistency in the revised title and with other titles of the United States Code.
§705. Inspector General for the Government Accountability Office
(a)
(1) conduct and supervise audits consistent with generally accepted government auditing standards and investigations relating to the Government Accountability Office;
(2) provide leadership and coordination and recommend policies, to promote economy, efficiency, and effectiveness in the Government Accountability Office; and
(3) keep the Comptroller General and Congress fully and currently informed concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of programs and operations of the Government Accountability Office.
(b)
(1) The Office of the Inspector General shall be headed by an Inspector General, who shall be appointed by the Comptroller General without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The Inspector General shall report to, and be under the general supervision of, the Comptroller General.
(2)(A) The Inspector General may be removed from office by the Comptroller General.
(B) If the Inspector General is removed from office or is transferred to another position or location within the Government Accountability Office, the Comptroller General shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for any such removal or transfer to both Houses of Congress (including to the appropriate congressional committees), not later than 30 days before the removal or transfer.
(C) If there is an open or completed inquiry into the Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written communication required under subparagraph (B) shall—
(i) identify each entity that is conducting, or that conducted, the inquiry; and
(ii) in the case of a completed inquiry, contain the findings made during the inquiry.
(D) Nothing in this paragraph shall prohibit a personnel action otherwise authorized by law, other than transfer or removal.
(3)(A) Subject to the other provisions of this paragraph, only the Comptroller General may place the Inspector General on non-duty status.
(B) If the Comptroller General places the Inspector General on non-duty status, the Comptroller General shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the Comptroller General may submit that communication not later than the date on which the change in status takes effect if—
(i) the Comptroller General has made a determination that the continued presence of the Inspector General in the workplace poses a specific threat; and
(ii) in the communication, the Comptroller General includes a report on the determination described in clause (i), which shall include—
(I) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);
(II) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and
(III) in the case of an inquiry described in subclause (II) that is completed, the findings made during that inquiry.
(C) The Comptroller General may not place the Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (2)(A) unless the Comptroller General—
(i) has made a determination that the continued presence of the Inspector General in the workplace poses a specific threat; and
(ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph.
(D) Nothing in this paragraph may be construed to limit or otherwise modify any statutory protection that is afforded to the Inspector General or a personnel action that is otherwise authorized by law.
(4) The Inspector General shall be paid at an annual rate of pay equal to $5,000 less than the annual rate of pay of the Comptroller General, and may not receive any cash award or bonus, including any award under
(c)
(1) have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material that relate to programs and operations of the Government Accountability Office;
(2) make such investigations and reports relating to the administration of the programs and operations of the Government Accountability Office as are, in the judgment of the Inspector General, necessary or desirable;
(3) request such documents and information as may be necessary for carrying out the duties and responsibilities provided by this section from any Federal agency;
(4) in the performance of the functions assigned by this section, obtain all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence from a person not in the United States Government or from a Federal agency, to the same extent and in the same manner as the Comptroller General under the authority and procedures available to the Comptroller General in
(5) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the functions assigned by this section, which oath, affirmation, or affidavit when administered or taken by or before an employee of the Office of Inspector General designated by the Inspector General shall have the same force and effect as if administered or taken by or before an officer having a seal;
(6) have direct and prompt access to the Comptroller General when necessary for any purpose pertaining to the performance of functions and responsibilities under this section;
(7) report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law; and
(8) provide copies of all reports to the Audit Advisory Committee of the Government Accountability Office and provide such additional information in connection with such reports as is requested by the Committee.
(d)
(1) The Inspector General—
(A) subject to subparagraph (B), may receive, review, and investigate, as the Inspector General considers appropriate, complaints or information from an employee of the Government Accountability Office concerning the possible existence of an activity constituting a violation of any law, rule, or regulation, mismanagement, or a gross waste of funds; and
(B) shall refer complaints or information concerning violations of personnel law, rules, or regulations to established investigative and adjudicative entities of the Government Accountability Office.
(2) The Inspector General shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the consent of the employee, unless the Inspector General determines such disclosure is unavoidable during the course of the investigation.
(3) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.
(e)
(A) a summary of each significant report made during the reporting period, including a description of significant problems, abuses, and deficiencies disclosed by such report;
(B) a description of the recommendations for corrective action made with respect to significant problems, abuses, or deficiencies described pursuant to subparagraph (A);
(C) a summary of the progress made in implementing such corrective action described pursuant to subparagraph (B); and
(D) information concerning any disagreement the Comptroller General has with a recommendation of the Inspector General.
(2) The Comptroller General shall transmit the semiannual reports of the Inspector General, together with any comments the Comptroller General considers appropriate, to Congress within 30 days after receipt of such reports.
(f)
(1)
(2)
(g)
(1)
(2)
(3)
(4)
(5)
(h)
(1) appropriate and adequate office space;
(2) such equipment, office supplies, and communications facilities and services as may be necessary for the operation of the Office of the Inspector General;
(3) necessary maintenance services for such office space, equipment, office supplies, and communications facilities; and
(4) equipment and facilities located in such office space.
(i)
(Added
Editorial Notes
Amendments
2024—Subsec. (b)(2).
Subsecs. (b)(3), (4).
Subsec. (f).
Subsec. (g)(1).
Subsec. (g)(5).
Statutory Notes and Related Subsidiaries
Incumbent
SUBCHAPTER II—GENERAL DUTIES AND POWERS
§711. General authority
The Comptroller General may—
(1) prescribe regulations to carry out the duties and powers of the Comptroller General;
(2) delegate the duties and powers of the Comptroller General to officers and employees of the Government Accountability Office as the Comptroller General decides is necessary to carry out those duties and powers;
(3) regulate the practice of representatives of persons before the Office; and
(4) administer oaths to witnesses when auditing and settling accounts.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 711 | 31:44(1st sentence). | June 10, 1921, ch. 18, §304(1st par. 1st sentence), |
| 31:52(c), (d). | June 10, 1921, ch. 18, §311(c), (d), |
|
| 31:52–1(related to direct). | Feb. 15, 1980, |
|
| 31:117. | R.S. §297. |
In clause (1), the words "may . . . prescribe regulations to carry out the duties and powers of the Comptroller General" are substituted for "shall make such rules and regulations as may be necessary for carrying on the work of the General Accounting Office" in 31:52(d) for consistency.
In clause (2), the word "delegate" is substituted for "direct" in 31:52–1, and the words "officers and employees" are substituted for "personnel", and 31:52(c) is omitted, for consistency in the revised title and with other titles of the United States Code.
In clause (3), the words "rules and" in 31:52(d) are omitted as surplus. The words "representatives of persons" are substituted for "attorneys" for clarity and consistency in the revised title.
In clause (4), the words "in any case in which they may deem it necessary for the due" in 31:117 are omitted as surplus. The words "auditing and settling" are substituted for "examination" for consistency. The words "with which they shall be charged" are omitted because of the restatement.
Editorial Notes
Amendments
2004—Par. (2).
Expired Appropriations Available for Deposit Into Employees' Compensation Fund
"(a)
"(b)
§712. Investigating the use of public money
The Comptroller General shall—
(1) investigate all matters related to the receipt, disbursement, and use of public money;
(2) estimate the cost to the United States Government of complying with each restriction on expenditures of a specific appropriation in a general appropriation law and report each estimate to Congress with recommendations the Comptroller General considers desirable;
(3) analyze expenditures of each executive agency the Comptroller General believes will help Congress decide whether public money has been used and expended economically and efficiently;
(4) make an investigation and report ordered by either House of Congress or a committee of Congress having jurisdiction over revenue, appropriations, or expenditures; and
(5) give a committee of Congress having jurisdiction over revenue, appropriations, or expenditures the help and information the committee requests.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 712(1) | 31:53(a)(1st sentence words before 5th comma). | June 10, 1921, ch. 18, §312(a)(1st sentence words before 5th comma), (b), |
| 712(2) | 31:59. | Aug. 2, 1946, ch. 753, §§205, 206(1st sentence), |
| 712(3) | 31:60(1st sentence). | |
| 712(4) | 31:53(b)(1st sentence). | |
| 712(5) | 31:53(b)(last sentence). |
In clause (1), the words "at the seat of government or elsewhere" are omitted as surplus.
In clause (2), the words "estimate the cost to the United States Government of complying with each restriction on expenditures" are substituted for "make a full and complete study of restrictions . . . limiting the expenditure therein with a view to determining the cost to the Government incident to complying with such restrictions", and the word "desirable" is substituted for "necessary or desirable", to eliminate unnecessary words.
In clause (3), the words "executive agency" are substituted for "agency in the executive branch of the Government (including Government corporations)" because of section 102 of the revised title.
In clause (4), the words "committee of Congress" are substituted for "committee of either House" for consistency.
In clause (5), the words "at the request of any such committee, direct assistants from his office" are omitted as surplus.
Statutory Notes and Related Subsidiaries
Oversight and Audit Authority
"(a)
"(1) the term 'appropriate congressional committees' means—
"(A) the Committee on Appropriations of the Senate;
"(B) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(C) the Committee on Health, Education, Labor, and Pensions of the Senate;
"(D) the Committee on Appropriations of the House of Representatives;
"(E) the Committee on Homeland Security of the House of Representatives;
"(F) the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives;
"(G) the Committee on Energy and Commerce of the House of Representatives;
"(H) the Committee on Finance of the Senate; and
"(I) the Committee on Ways and Means of the House of Representatives; and
"(2) the term 'Comptroller General' means the Comptroller General of the United States.
"(b)
"(c)
"(1) during the period beginning on the date of enactment of this Act [Mar. 27, 2020] and ending on the date on which the national emergency declared by the President under the National Emergencies Act (
"(2) publish reports regarding the ongoing monitoring and oversight efforts, which, along with any audits and investigations conducted by the Comptroller General, shall be submitted to the appropriate congressional committees and posted on the website of the Government Accountability Office—
"(A) not later than 90 days after the date of enactment of this Act, and every other month thereafter until the date that is 1 year after the date of enactment of this Act; and
"(B) after the period described in subparagraph (A), on a periodic basis; and
"(3) submit to the appropriate congressional committees additional reports as warranted by the findings of the monitoring and oversight activities of the Comptroller General.
"(d)
"(1)
"(2)
"(3)
"(4)
"(5)
"(e)
Identification, Consolidation, and Elimination of Duplicative Government Programs
Report on Tobacco Settlement Agreement
§713. Audit of Internal Revenue Service, Tax and Trade Bureau, and Bureau of Alcohol, Tobacco, Firearms, and Explosives
(a) Under regulations of the Comptroller General, the Comptroller General shall audit the Internal Revenue Service and the Tax and Trade Bureau, Department of the Treasury, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice of the Department of the Treasury.1 An audit under this section does not affect a final decision of the Secretary of the Treasury under section 6406 of the Internal Revenue Code of 1986 (
(b)(1) To carry out this section and to the extent provided by and only subject to section 6103 of the Internal Revenue Code of 1986 (
(A) returns and return information (as defined in section 6103(b) of the Internal Revenue Code of 1986 (
(B) records and property of, or used by, the Service or either Bureau, shall be made available to the Comptroller General.
(2) At least once every 6 months, the Comptroller General shall designate each officer and employee of the Government Accountability Office by name and title to whom returns, return information, or records or property of the Service or either Bureau that can identify a particular taxpayer may be made available. Each designation or a certified copy of the designation shall be sent to the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committee on Government Operations of the House, the Joint Committee on Taxation, the Commissioner of Internal Revenue, the Tax and Trade Bureau, Department of the Treasury, and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice.
(3) Except as expressly provided by law, an officer or employee of the Office may make known information derived from a record or property of, or in use by, the Service or either Bureau that can identify a particular taxpayer only to another officer or employee of the Office whose duties or powers require that the record or property be made known.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 713(a) | 31:67(d)(1). | Sept. 12, 1950, ch. 946, |
| 713(b)(1) | 31:67(d)(2)(1st sentence less proviso). | |
| 713(b)(2) | 31:67(d)(3). | |
| 713(b)(3) | 31:67(d)(2)(1st sentence proviso, last sentence). |
In subsection (a), the words "rules and" and "findings or" are omitted as surplus. The words "or his delegate" are omitted as unnecessary because of sections 301(b) and 321(a)(2) of the revised title.
In subsection (b)(1), before clause (A), the words "To carry out" are substituted for "For the purposes of, and to the extent necessary in, making the audits required by", and the word "only" is substituted for "but notwithstanding the provisions of any other law", to eliminate unnecessary words. The words "the requirements imposed by" are omitted as surplus. The words "Comptroller General" are substituted for "representatives of the General Accounting Office" for consistency. In clause (B), the word "records" is substituted for "books, accounts, financial records, reports, files, papers" for consistency in the revised title and with other titles of the United States Code. The words "other" and "things" are omitted as surplus.
In subsection (b)(2), the words "in writing" and "pursuant to the provisions of paragraph (2) of this subsection" are omitted as surplus. The words "records or property of the Service or the Bureau" are substituted for "any information described in clause (B) of such paragraph (2)" for clarity. The words "in a form . . . be associated with or otherwise . . . directly or indirectly", "such written", and "promptly" are omitted as surplus.
In subsection (b)(3), the words "divulge . . . in any manner whatever to any person" are omitted as surplus. The words "information derived from a record or property of, or in use by, the Service or the Bureau" are substituted for "any information described in clause (B)" for clarity and consistency. The words "in a form . . . be associated with or otherwise . . . directly or indirectly" are omitted as surplus. The word "powers" is substituted for "responsibilities" for consistency. The words "that the record or property be made known" are substituted for "such disclosure" for clarity. The text of 31:67(d)(2)(last sentence) is omitted as surplus.
Editorial Notes
Amendments
2004—Subsec. (b)(2).
2002—
Subsec. (a).
Subsec. (b)(1)(B).
Subsec. (b)(2).
Subsec. (b)(3).
1986—Subsecs. (a), (b)(1).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
Effective Date of 2002 Amendment
Amendment by
§714. Audit of Financial Institutions Examination Council, Federal Reserve Board, Federal reserve banks, Federal Deposit Insurance Corporation, and Office of Comptroller of the Currency
(a) In this section, "agency" means the Financial Institutions Examination Council, the Board of Governors of the Federal Reserve System (in this section referred to as the "Board"), Federal reserve banks, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency.
(b) Under regulations of the Comptroller General, the Comptroller General shall audit an agency, but may carry out an onsite examination of an open insured bank or bank holding company only if the appropriate agency has consented in writing. Audits of the Board and Federal reserve banks may not include—
(1) transactions for or with a foreign central bank, government of a foreign country, or nonprivate international financing organization;
(2) deliberations, decisions, or actions on monetary policy matters, including discount window operations, reserves of member banks, securities credit, interest on deposits, and open market operations;
(3) transactions made under the direction of the Federal Open Market Committee; or
(4) a part of a discussion or communication among or between members of the Board and officers and employees of the Federal Reserve System related to clauses (1)–(3) of this subsection.
(c)(1) Except as provided in this subsection, an officer or employee of the Government Accountability Office may not disclose information identifying an open bank, an open bank holding company, or a customer of an open or closed bank or bank holding company. The Comptroller General may disclose information related to the affairs of a closed bank or closed bank holding company identifying a customer of the closed bank or closed bank holding company only if the Comptroller General believes the customer had a controlling influence in the management of the closed bank or closed bank holding company or was related to or affiliated with a person or group having a controlling influence.
(2) An officer or employee of the Office may discuss a customer, bank, or bank holding company with an official of an agency and may report an apparent criminal violation to an appropriate law enforcement authority of the United States Government or a State.
(3) Except as provided under paragraph (4), an officer or employee of the Government Accountability Office may not disclose to any person outside the Government Accountability Office information obtained in audits or examinations conducted under subsection (e) and maintained as confidential by the Board or the Federal reserve banks.
(4) This subsection shall not—
(A) authorize an officer or employee of an agency to withhold information from any committee or subcommittee of jurisdiction of Congress, or any member of such committee or subcommittee; or
(B) limit any disclosure by the Government Accountability Office to any committee or subcommittee of jurisdiction of Congress, or any member of such committee or subcommittee.
(d)(1) To carry out this section, all records and property of or used by an agency, including samples of reports of examinations of a bank or bank holding company the Comptroller General considers statistically meaningful and workpapers and correspondence related to the reports shall be made available to the Comptroller General. The Comptroller General shall have access to the officers, employees, contractors, and other agents and representatives of an agency and any entity established by an agency at any reasonable time as the Comptroller General may request. The Comptroller General may make and retain copies of such books, accounts, and other records as the Comptroller General determines appropriate. The Comptroller General shall give an agency a current list of officers and employees to whom, with proper identification, records and property may be made available, and who may make notes or copies necessary to carry out an audit.
(2) The Comptroller General shall prevent unauthorized access to records, copies of any record, or property of or used by an agency or any person or entity described in paragraph (3)(A) that the Comptroller General obtains during an audit.
(3)(A) For purposes of conducting audits and examinations under subsection (e) or (f), the Comptroller General shall have access, upon request, to any information, data, schedules, books, accounts, financial records, reports, files, electronic communications, or other papers, things or property belonging to or in use by—
(i) any entity established by any action taken by the Board or the Federal Reserve banks described under subsection (e) or (f);
(ii) any entity participating in or receiving assistance from any action taken by the Board or the Federal Reserve banks described under subsection (e) or (f), to the extent that the access and request relates to that assistance; and
(iii) the officers, directors, employees, independent public accountants, financial advisors and any and all representatives of any entity described under clause (i) or (ii); to the extent that the access and request relates to that assistance;
(B) The Comptroller General shall have access as provided under subparagraph (A) at such time as the Comptroller General may request. The Comptroller General may make and retain copies of books, accounts, and other records provided under subparagraph (A) as the Comptroller General deems appropriate. The Comptroller General shall provide to any person or entity described in subparagraph (A) a current list of officers and employees to whom, with proper identification, records and property may be made available, and who may make notes or copies necessary to carry out a 1 audit or examination under this subsection.
(C) Each contract, term sheet, or other agreement between the Board or any Federal reserve bank (or any entity established by the Board or any Federal reserve bank) and an entity receiving assistance from any action taken by the Board described under subsection (e) or (f) shall provide for access by the Comptroller General in accordance with this paragraph.
(e) Notwithstanding subsection (b), the Comptroller General may conduct audits, including onsite examinations when the Comptroller General determines such audits and examinations are appropriate, of any action taken by the Board under the third undesignated paragraph of section 13 2 of the Federal Reserve Act (
(f)
(1)
(A)
(B)
(2)
(A) the operational integrity, accounting, financial reporting, and internal controls governing the credit facility or covered transaction;
(B) the effectiveness of the security and collateral policies established for the facility or covered transaction in mitigating risk to the relevant Federal reserve bank and taxpayers;
(C) whether the credit facility or the conduct of a covered transaction inappropriately favors one or more specific participants over other institutions eligible to utilize the facility; and
(D) the policies governing the use, selection, or payment of third-party contractors by or for any credit facility or to conduct any covered transaction.
(3)
(A)
(B)
(C)
(i)
(ii)
(iii)
(iv)
(v)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 714(a) | 31:67(e)(2). | Sept. 12, 1950, ch. 946, |
| 714(b) | 31:67(e)(1), (3), (4). | |
| 714(c) | 31:67(e)(5). | |
| 714(d) | 31:67(e)(7). |
In subsection (a), the words "Financial Institutions Examination Council, the Federal Reserve Board, Federal reserve banks, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency" are substituted for "the agencies, banks, facilities, and corporation, listed in clauses (A), (B), (C), and (D) of paragraph (1)" for clarity. The words "and their branches and facilities" are omitted as unnecessary because of section 4 of the Rules of Organization of the Federal Reserve System set out in 12:222(note).
In subsections (b) and (c), the words "Comptroller General" are substituted for "General Accounting Office" and "Office" for consistency.
In subsection (b), before clause (1), the words "rules and" are omitted as surplus. The word "agency" is substituted for 31:67(e)(1)(A)–(D) because of subsection (a). The words "(hereinafter in this subsection referred to as the Office)" are omitted because of the restatement. In clause (1), the words "government of a foreign country" are substituted for "foreign governments" for consistency. In clause (3), the words "including transactions of the Federal Reserve System Open Market Account" are omitted as surplus. In clause (4), the words "oral, written, telegraphic, or telephonic" are omitted as surplus.
In subsection (c)(1), the words "otherwise", "to any person, nor shall the Office disclose in its report or otherwise outside of the Office", "in a form", and "specific" are omitted as surplus.
In subsection (c)(2), the words "An officer or employee of the Office" are substituted for "the Office or its employees" for consistency in the revised title and with other titles of the United States Code. The word "specific" is omitted as surplus.
In subsection (c)(3), the words "or subcommittee of the" are omitted as surplus. The words "authorized to have the information" are substituted for "duly authorized" for clarity.
In subsection (d)(1), the words "To carry out this section, all records and property of or used by an agency . . . shall be made available to the Comptroller General" are substituted for 31:67(e)(7)(A)(words before 11th comma) for consistency in the revised title and with other titles of the Code and to eliminate unnecessary words. The words "without deletions" are omitted as surplus. The words "from whatever source" and "whether or not a part of the reports" are omitted as surplus. The words "shall have the authority to authorize Office personnel to conduct such audits and to have access to agency materials described in subparagraph (A) and" are omitted because of sections 702(b) and 711 of the revised title. The words "records and property" are substituted for "such agency materials" for clarity and consistency.
In subsection (d)(2), the words "records and property of or used by an agency" are substituted for "agency materials described in subparagraph (A)" for consistency. The words "The Comptroller General shall prevent unauthorized access to records or property" are substituted for 31:67(e)(7)(D)(last sentence) for clarity.
Editorial Notes
References in Text
The third undesignated paragraph of section 13 of the Federal Reserve Act, referred in subsec. (e), is deemed to be a reference to section 13(3) of the Federal Reserve Act, which is classified to
Section 11(s) of the Federal Reserve Act, referred to in subsec. (f)(1)(B), (3)(C)(v), is classified to
Amendments
2010—Subsec. (a).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (d)(3)(A)(i).
Subsec. (d)(3)(A)(ii).
Subsec. (d)(3)(B).
Subsec. (f).
2009—Subsec. (a).
Subsec. (b).
Subsec. (b)(4).
Subsec. (c)(3), (4).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (e).
2004—Subsec. (c)(1).
1996—Subsec. (d).
1989—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by section 378(2) of
Amendment by section 1102 of
1 So in original. Probably should be "an".
2 See References in Text note below.
§715. Audit of accounts and operations of the District of Columbia government
(a) In addition to the audit carried out under section 455 of the District of Columbia Home Rule Act (
(b) The Comptroller General shall submit each audit report to Congress and (other than the audit reports of the District of Columbia Courts) the Mayor and Council of the District of Columbia. The report shall include the scope of an audit, information the Comptroller General considers necessary to keep Congress, the Mayor, and the Council informed of operations audited, and recommendations the Comptroller General considers advisable.
(c)(1) By the 90th day after receiving an audit report from the Comptroller General, the Mayor shall state in writing to the Council measures the District of Columbia government is taking to comply with the recommendations of the Comptroller General. A copy of the statement shall be sent to Congress.
(2) After the Council receives the statement of the Mayor, the Council may make available for public inspection the report of the Comptroller General and other material the Council considers pertinent.
(d) To carry out this section, records and property of or used by the District of Columbia government necessary to make an audit easier shall be made available to the Comptroller General. The Mayor shall provide facilities to carry out an audit.
(e) Not later than March 1 of each year, the Comptroller General shall submit to the Committee on the District of Columbia of the House of Representatives and the Subcommittee on General Services, Federalism, and the District of Columbia of the Committee on Governmental Affairs of the Senate a review of the report of the breakdown of the independently audited revenues of the District of Columbia for the preceding fiscal year by revenues derived from the Federal Government and revenues derived from sources other than the Federal Government that is included in the independent annual audit of the funds of the District of Columbia conducted for such fiscal year.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 715(a) | 31:61(a)(1st, 2d sentences). | Dec. 24, 1973, |
| 715(b) | 31:61(b)(1). | |
| 715(c)(1) | 31:61(b)(3). | |
| 715(c)(2) | 31:61(b)(2). | |
| 715(d) | 31:61(a)(last sentence). |
In subsection (a), the words "Comptroller General" are substituted for "General Accounting Office" for consistency. The words "of Columbia" are added for clarity. The words "rules and" are omitted as surplus. The word "way" is substituted for "procedures" and "detail" to eliminate unnecessary words. The words "of the United States" are omitted as surplus. The word "records" is substituted for "vouchers and other documents" to eliminate unnecessary words.
In subsection (b), the words "of the District of Columbia" are added for clarity. The words "comments and" are omitted as surplus. The word "audited" is substituted for "to which the reports relate" for consistency and to eliminate unnecessary words. The words "with respect thereto" are omitted as surplus.
In subsection (c)(2), the words "After the Council receives the statement of the Mayor" are substituted for "After the Mayor has had an opportunity to be heard", and the words "of the Comptroller General" are added, for clarity. The word "thereto" is omitted as surplus.
In subsection (d), the words "To carry out this section" are added for clarity. The words "records and property of or used by . . . shall be made available to the Comptroller General" are substituted for 31:61(a)(last sentence 1st–30th words) for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. The words "of Columbia government" are added for consistency. The words "The Mayor shall provide facilities to carry out an audit" are substituted for 31:61(a)(last sentence words after last comma) for clarity.
Editorial Notes
Amendments
1997—Subsec. (a).
Subsec. (b).
1991—Subsec. (e).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1991 Amendment
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the requirement to submit annual audit reports to Congress under subsec. (b) of this section is listed on page 4), see section 3003 of
Abolition of House Committee on the District of Columbia
Committee on the District of Columbia of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on the District of Columbia treated as referring to Committee on Government Reform and Oversight of House of Representatives, see section 1(b) of
§716. Availability of information and inspection of records
(a)(1) The Comptroller General is authorized to obtain such agency records as the Comptroller General requires to discharge the duties of the Comptroller General (including audit, evaluation, and investigative duties), including through the bringing of civil actions under this section. In reviewing a civil action under this section, the court shall recognize the continuing force and effect of the authorization in the preceding sentence until such time as the authorization is repealed pursuant to law.
(2) Each agency shall give the Comptroller General information the Comptroller General requires about the duties, powers, activities, organization, and financial transactions of the agency. The Comptroller General may inspect an agency record to get the information. This subsection does not apply to expenditures made under
(b)(1) When an agency record is not made available to the Comptroller General within a reasonable time, the Comptroller General may make a written request to the head of the agency. The request shall state the authority for inspecting the records and the reason for the inspection. The head of the agency has 20 days after receiving the request to respond. The response shall describe the record withheld and the reason the record is being withheld. If the Comptroller General is not given an opportunity to inspect the record within the 20-day period, the Comptroller General may file a report with the President, the Director of the Office of Management and Budget, the Attorney General, the head of the agency, and Congress.
(2) Through an attorney the Comptroller General designates in writing, the Comptroller General may bring a civil action in the district court of the United States for the District of Columbia to require the head of the agency to produce a record—
(A) after 20 days after a report is filed under paragraph (1) of this subsection; and
(B) subject to subsection (d) of this section.
(3) The Attorney General may represent the head of the agency. The court may punish a failure to obey an order of the court under this subsection as a contempt of court.
(c)(1) Subject to subsection (d) of this section, the Comptroller General may subpena a record of a person not in the United States Government when the record is not made available to the Comptroller General to which the Comptroller General has access by law or by agreement of that person from whom access is sought. A subpena shall identify the record and the authority for the inspection and may be issued by the Comptroller General. The Comptroller General may have an individual serve a subpena under this subsection by delivering a copy to the person named in the subpena or by mailing a copy of the subpena by certified or registered mail, return receipt requested, to the residence or principal place of business of the person. Proof of service is shown by a verified return by the individual serving the subpena that states how the subpena was served or by the return receipt signed by the person served.
(2) If a person residing, found, or doing business in a judicial district refuses to comply with a subpena issued under paragraph (1) of this subsection, the Comptroller General, through an attorney the Comptroller General designates in writing, may bring a civil action in that district court to require the person to produce the record. The court has jurisdiction of the action and may punish a failure to obey an order of the court under this subsection as a contempt of court.
(d)(1) The Comptroller General may not bring a civil action for a record withheld under subsection (b) of this section or issue a subpena under subsection (c) of this section if—
(A) the record related to activities the President designates as foreign intelligence or counterintelligence activities;
(B) the record is specifically exempted from disclosure to the Comptroller General by a statute that—
(i) without discretion requires that the record be withheld from the Comptroller General;
(ii) establishes particular criteria for withholding the record from the Comptroller General; or
(iii) refers to particular types of records to be withheld from the Comptroller General; or
(C) by the 20th day after a report is filed under subsection (b)(1) of this section, the President or the Director certifies to the Comptroller General and Congress that a record could be withheld under section 552(b)(5) or (7) of title 5 and disclosure reasonably could be expected to impair substantially the operations of the Government.
(2) The President or the Director may not delegate certification under paragraph (1)(C) of this subsection. A certification shall include a complete explanation of the reasons for the certification.
(e)(1) The Comptroller General shall maintain the same level of confidentiality for a record made available under this section as is required of the head of the agency from which it is obtained. Officers and employees of the Government Accountability Office are subject to the same statutory penalties for unauthorized disclosure or use as officers or employees of the agency.
(2) The Comptroller General shall keep information described in
(3) This section does not authorize information to be withheld from Congress.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 716(a) | 31:54(a). | June 10, 1921, ch. 18, §313(a), |
| 716(b) | 31:54(b). | June 10, 1921, ch. 18, |
| 716(c) | 31:54(c). | |
| 716(d) | 31:54(d). | |
| 716(e) | 31:54(e), (f). |
In the section, the word "records" is substituted for "books, documents, papers, or records", "books, records, correspondence, memoranda, papers, and documents", and "written information, books, documents, papers, or records" for consistency in the revised title and with other titles of the United States Code. The word "Congress" is substituted for "Speaker of the House of Representatives, and the President of the Senate" for consistency in the revised title.
In subsections (a) and (b), the word "agency" is substituted for "departments and establishments" because of section 701 of the revised title.
In subsection (a), the words "methods of business" are omitted as surplus. The words "or any of his assistants or employees, when duly authorized by him" are omitted because of sections 702(b) and 711 of the revised title. The word "inspect" is substituted for "shall . . . have access to and the right to examine" for consistency. The cross reference to section 3524 is added for clarity.
In subsection (b)(1), the words "to the Comptroller General" are substituted for "access to" for clarity and consistency. The words "in his discretion", "in addition to subsection (a)", "a period of", and "to the written request of the Comptroller General" are omitted as surplus. The words "or any of his designated assistants or employees" are omitted because of sections 702(b) and 711 of the revised title.
In subsection (b)(2), before clause (A), the words "bring a civil action" are substituted for "apply" to conform to rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). In clause (A), the words "calendar" and "written" are omitted as surplus.
In subsection (b)(3), the words "head of the agency" are substituted for "defendant official" for consistency.
In subsection (c)(1), the words "require by . . . the production of" are omitted as surplus. The words "person not in the United States Government" are substituted for "contractors, subcontractors, or other non-Federal persons" for consistency and to eliminate unnecessary words. The words "from whom access is sought", "in the case of service by certified or registered mail", and "post office" are omitted as surplus.
In subsection (c)(2), the words "judicial district" are substituted for "jurisdiction of any district court of the United States" for consistency and to eliminate unnecessary words. The words "contumacy or" are omitted as surplus. The words "may bring a civil action" are substituted for "upon application made by" to conform to rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (d)(1), before clause (A), the words "requiring the production of material" are omitted as surplus. In clause (C), the words "in writing", "consists of matters which . . . from disclosure", "United States Code", "of such material to the Comptroller General", and "Federal" are omitted as surplus.
In subsection (e)(1), the words "the head of" are added for consistency. The words "from which such material was obtained" are omitted as surplus.
Editorial Notes
Amendments
2017—Subsec. (a).
2004—Subsec. (e)(1).
§717. Evaluating programs and activities of the United States Government
(a) In this section, "agency" means a department, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Columbia government.
(b) The Comptroller General shall evaluate the results of a program or activity the Government carries out under existing law—
(1) on the initiative of the Comptroller General;
(2) when either House of Congress orders an evaluation; or
(3) when a committee of Congress with jurisdiction over the program or activity requests the evaluation.
(c) The Comptroller General shall develop and recommend to Congress ways to evaluate a program or activity the Government carries out under existing law.
(d)(1) On request of a committee of Congress, the Comptroller General shall help the committee to—
(A) develop a statement of legislative goals and ways to assess and report program performance related to the goals, including recommended ways to assess performance, information to be reported, responsibility for reporting, frequency of reports, and feasibility of pilot testing; and
(B) assess program evaluations prepared by and for an agency.
(2) On request of a member of Congress, the Comptroller General shall give the member a copy of the material the Comptroller General compiles in carrying out this subsection that has been released by the committee for which the material was compiled.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 717(a) | 31:1157. | Oct. 26, 1970, |
| 717(b) | 31:1154(a). | Oct. 26, 1970, |
| 717(c) | 31:1154(c). | |
| 717(d) | 31:1154(b). |
Subsection (a) restates the source provisions because of section 701 of the revised title and for consistency with section 101 of the revised title.
In subsection (b), before clause (1), the word "evaluate" is substituted for "review and evaluate" to eliminate unnecessary words. In clause (3), the words "a committee of Congress" are substituted for "any committee of the House of Representatives or the Senate, or any joint committee of the two Houses" for consistency and to eliminate unnecessary words.
In subsection (c), the word "evaluate" is substituted for "review and evaluation" to eliminate unnecessary words.
In subsection (d)(1), before clause (A), the words "committee of Congress" are substituted for "committee of either House or any joint committee of the two Houses" for consistency and to eliminate unnecessary words. In clause (A), the words "objectives and", "actual", and "but are not limited to" are omitted as surplus. In clause (B), the words "analyzing and" and "or evaluation studies" are omitted as surplus.
In subsection (d)(2), the word "Congress" is substituted for "either House" for clarity. The words "statement or other" are omitted as surplus.
§718. Availability of draft reports
(a) A draft report of an audit under
(b)(1) The Comptroller General may submit a part of a draft report to an agency for comment for more than 30 days only if the Comptroller General decides, after a showing by the agency, that a longer period is necessary and likely to result in a more accurate report. The report may not be delayed because the agency does not comment within the comment period.
(2) When a draft report is submitted to an agency for comment, the Comptroller General shall make the draft report available on request to—
(A) either House of Congress, a committee of Congress, or a member of Congress if the report was begun because of a request of the House, committee, or member; or
(B) the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives if the report was not begun because of a request of either House of Congress, a committee of Congress, or a member of Congress.
(3) This subsection is subject to statutory and executive order guidelines for handling and storing classified information and material.
(c) A final report of the Comptroller General shall include—
(1) a statement of significant changes of a finding, conclusion, or recommendation in an earlier draft report because of comments on the draft by an agency;
(2) a statement of the reasons the changes were made; and
(3) for a draft report submitted under subsection (a) of this section, written comments of the agency submitted during the comment period.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 718(a) | 31:67(e)(6)(B)(1st sentence). | Sept. 12, 1950, ch. 946, |
| 718(b)(1) | 31:53(f)(1), (2). | June 10, 1921, ch. 18, |
| 718(b)(2) | 31:53(f)(3). | |
| 718(b)(3) | 31:53(f)(5). | |
| 718(c)(1) | 31:53(f)(4)(A). | |
| 718(c)(2) | 31:53(f)(4)(B). | |
| 718(c)(3) | 31:67(e)(6)(B)(last sentence). |
In subsection (a), the words "audit under
In subsection (b)(1), the words "The report may not be delayed because the agency does not comment within the comment period" are substituted for 31:53(f)(2) to eliminate unnecessary words.
In subsection (b)(2)(A), the words "pursuant to subsection (b) of this section or otherwise" are omitted as surplus.
In subsection (b)(2)(B), the words "if the report was not begun because of a request of either House of Congress, a committee of Congress, or a member of Congress" are substituted for "in the case of any other report" for clarity and consistency.
In subsection (b)(3), the words "Procedures followed pursuant to" are omitted as surplus.
In subsection (c), before clause (1), the words "version of any" are omitted as surplus. The words "shall include" are substituted for "The Comptroller General shall prepare and issue with" because of the restatement. The words "Comptroller General" are substituted for "General Accounting Office" for consistency. In clause (3), the words "when a draft report was submitted under subsection (a) of this section" are added because of the restatement. The words "as an addendum" are omitted as surplus.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
§719. Comptroller General reports
(a) At the beginning of each regular session of Congress, the Comptroller General shall report to Congress (and to the President when requested by the President) on the work of the Comptroller General. A report shall include recommendations on—
(1) legislation the Comptroller General considers necessary to make easier the prompt and accurate making and settlement of accounts; and
(2) other matters related to the receipt, disbursement, and use of public money the Comptroller General considers advisable.
(b)(1) The Comptroller General shall include in the report to Congress under subsection (a) of this section—
(A) a review of activities under sections 717(b)–(d) and 731(e)(2) of this title, including recommendations under
(B) information on carrying out duties and powers of the Comptroller General under clauses (A) and (C) of this paragraph, subsections (g) and (h) 1 of this section, and
(C) the name of each officer and employee of the Government Accountability Office assigned or detailed to a committee of Congress, the committee to which the officer or employee is assigned or detailed, the length of the period of assignment or detail, a statement on whether the assignment or detail is finished or continuing, and compensation paid out of appropriations available to the Comptroller General for the period of the assignment or detail that has been completed.
(2) In a report under subsection (a) of this section or in a special report to Congress when Congress is in session, the Comptroller General shall include recommendations on greater economy and efficiency in public expenditures.
(3) The report under subsection (a) shall also include a statement of the staff hours and estimated cost of work performed on audits, evaluations, investigations, and related work during each of the three fiscal years preceding the fiscal year in which the report is submitted, stated separately for each division of the Government Accountability Office by category as follows:
(A) A category for work requested by the chairman of a committee of Congress, the chairman of a subcommittee of such a committee, or any other Member of Congress.
(B) A category for work required by law to be performed by the Comptroller General.
(C) A category for work initiated by the Comptroller General in the performance of the Comptroller General's general responsibilities.
(c) The Comptroller General shall report to Congress—
(1) specially on expenditures and contracts an agency makes in violation of law;
(2) on the adequacy and effectiveness of—
(A) administrative audits of accounts and claims in an agency; and
(B) inspections by an agency of offices and accounts of fiscal officials; and
(3) as frequently as practicable on audits carried out under
(d) The Comptroller General shall report on analyses carried out under
(e) The Comptroller General shall give the President information on expenditures and accounting the President requests.
(f) When the Comptroller General submits a report to Congress, the Comptroller General shall deliver copies of the report to—
(1) the Committees on Governmental Affairs and Appropriations of the Senate;
(2) the Committees on Government Operations and Appropriations of the House;
(3) a committee of Congress that requested information on any part of a program or activity of a department, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Columbia government that is the subject of any part of a report; and
(4) any other committee of Congress requesting a copy.
(g)(1) The Comptroller General shall prepare—
(A) each month a list of reports issued during the prior month; and
(B) at least once each year a list of reports issued during the prior 12 months.
(2) The Comptroller General shall make each list available through the public website of the Government Accountability Office. On request, the Comptroller General promptly shall provide a copy of a report to a committee or member of Congress.
(h) On request of a committee of Congress, the Comptroller General shall explain to and discuss with the committee or committee staff a report the Comptroller General makes that would help the committee—
(1) evaluate a program or activity of an agency within the jurisdiction of the committee; or
(2) in its consideration of proposed legislation.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 719(a) | 31:53(a)(1st sentence words after 5th comma). | June 10, 1921, ch. 18, §312(a)(1st sentence words after 5th comma, last sentence), (c)–(e), |
| 719(b)(1) (A) | 31:1154(e). | Oct. 26, 1970, |
| 719(b)(1) (B) | 31:1155(b). | Oct. 26, 1970, |
| 719(b)(1) (C) | 31:1175(b). | |
| 719(b)(2) | 31:53(a)(last sentence). | |
| 719(c)(1) | 31:53(c). | |
| 719(c)(2) | 31:53(d). | |
| 719(c)(3) | 31:67(d)(4)(1st sentence). | Sept. 12, 1950, ch. 946, |
| 31:67(e)(6)(A). | Sept. 12, 1950, ch. 946, |
|
| 719(d) | 31:67(d)(4)(last sentence). | |
| 719(e) | 31:60(last sentence). | Aug. 2, 1946, ch. 753, §206(last sentence), |
| 719(f) | 31:53(e). | |
| 719(g) | 31:1157. | |
| 31:1172. | ||
| 31:1173. | ||
| 719(h) | 31:1174. | |
| 719(i) | 31:1171. |
In subsection (a), before clause (1), the words "of Congress" are added for clarity. The words "in writing" are omitted as surplus. The words "Comptroller General" are substituted for "General Accounting Office" for consistency.
In subsection (b)(1), before clause (A), the words "under subsection (a) of this section" are substituted for "annual" in 31:1154(e), 1155(b), and 1175(b) for clarity. In clause (A), the words "of methods for review and evaluation of Government programs and activities" are omitted as unnecessary. In clause (C), the word "officer" is added for consistency. The words "of the General Accounting Office" are added for clarity. The words "committee of Congress" are substituted for "committee of the Senate or House of Representatives or any joint committee of Congress" for consistency and to eliminate unnecessary words. The words "name of each", "joint committee", and "of such employee" are omitted as surplus. The word "compensation" is substituted for "pay of such employee, his travel, subsistence, and other expenses, the agency contributions for his retirement and life and health insurance benefits, and other necessary monetary expenses for personnel benefits on account of such employee" for consistency in the revised title and with other titles of the United States Code. The words "Comptroller General" are substituted for "General Accounting Office" for consistency. The words "of such employee, or, if such assignment or detail is currently in effect, during that part of the period of such assignment or detail" are omitted as surplus.
In subsection (b)(2), the words "at any time" are omitted as surplus.
In subsection (c), the word "agency" is substituted for "department or establishment" and "departments and establishments" because of section 701 of the revised title. In clause (1), the words "in any year" are omitted as surplus. In clause (2)(A), the word "audits" is substituted for "examination" for consistency. In clause (2)(B), the words "by an agency" are substituted for "departmental" because of the restatement. The word "officials" is substituted for "officers" for consistency.
In subsection (d), before clause (1), the word "written" is omitted as surplus. In clause (1), the words "Comptroller General, the Commissioner of Internal Revenue, and the Director of the Bureau of Alcohol, Tobacco, and Firearms" are substituted for "General Accounting Office, the Internal Revenue Service, and the Bureau of Alcohol, Tobacco, and Firearms" for consistency. In clauses (2) and (3), the words "or other examination or review" are omitted as surplus.
In subsections (e) and (g), the words "Governmental Affairs . . . of the Senate" are substituted for "Government Operations . . . of the two Houses" in 31:60(last sentence) and "Government Operations of the . . . Senate" in 31:1172 because of Rule 25.1(k) of the Standing Rules of the Senate (S. Doc. 96–1, 96th Cong., 1st Sess.).
In subsection (e), the words "carried out under
In subsection (f), the word "President" is substituted for "Office of Management and Budget" because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (g), before clause (1), the words "Comptroller General" are substituted for "General Accounting Office" in 31:1172 for consistency. In clause (3), the words "committee of Congress" are substituted for "other committee of the House or Senate, or any joint committee of the two Houses" for consistency and to eliminate unnecessary words. The words in the parentheses are included for consistency with section 101 of the revised title. The word "establishment" in 31:1157 is omitted as surplus. Clause (4) is substituted for 31:1173 to eliminate unnecessary words.
In subsection (h)(1), the words "once . . . calendar", "of the General Accounting Office", "immediately", and "cumulative" are omitted as surplus.
In subsection (h)(2), the words "committee of Congress" are substituted for "committee of the House or Senate, each joint committee of the two Houses" for consistency and to eliminate unnecessary words. The words "member of Congress" are substituted for "Member of the House or Senate, and the Resident Commissioner from Puerto Rico" for consistency and to eliminate unnecessary words. The words "On request, the Comptroller General promptly shall provide a copy of a report to a committee or member" are substituted for 31:1174(last sentence) to eliminate unnecessary words.
In subsection (i), before clause (1), the words "committee of Congress" are substituted for "committee of the House or Senate, or of any joint committee of the two Houses" for consistency and to eliminate unnecessary words. The words "making the request" are omitted as surplus. The words "Comptroller General" are substituted for "General Accounting Office" for consistency. In clause (1), the word "evaluate" is substituted for "review" for consistency in the revised title. In clause (2), the words "including requests for appropriations" are omitted as surplus.
Editorial Notes
References in Text
Subsections (g) and (h) of this section, referred to in subsec. (b)(1)(B), were redesignated subsecs. (f) and (g), respectively, by
Amendments
2014—Subsec. (g)(2).
2004—Subsec. (b)(1)(C), (3).
1997—Subsec. (b)(3).
1996—Subsecs. (d) to (i).
"(1) procedures and requirements the Comptroller General, the Commissioner of Internal Revenue, and the Director of the Bureau of Alcohol, Tobacco, and Firearms, prescribe to protect the confidentiality of returns and return information made available to the Comptroller General under
"(2) the scope and subject matter of audits under
"(3) findings, conclusions, or recommendations the Comptroller General develops as a result of an audit under
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which certain reporting requirements under subsecs. (a) and (g)(2) (1st sentence) of this section are listed on pages 9 and 7, respectively), see section 3003 of
Reporting Requirements
"(a)
"(1) consolidate Matters for Congressional Consideration from the Government Accountability Office in one report organized by policy topic that includes the amount of time such Matters have been unimplemented and submit such report to congressional leadership and the oversight committees of each House;
"(2) with respect to the annual letters sent by the Comptroller General to individual agency heads and relevant congressional committees on the status of unimplemented priority recommendations, identify any additional congressional oversight actions that can help agencies implement such priority recommendations and address any underlying issues relating to such implementation;
"(3) make publicly available the information described in paragraphs (1) and (2); and
"(4) publish any known costs of unimplemented priority recommendations, if applicable.
"(b)
"(a)
"(1) in each report submitted to Congress under
"(A) the respective numbers of officers and employees—
"(i) separating from the service under section 2 of this Act [amending provisions set out as notes under
"(ii) receiving pay retention under section 4 of this Act [amending
"(iii) receiving increased annual leave under section 6 of this Act [amending
"(iv) engaging in the executive exchange program under section 7 of this Act [amending
"(B) a review of all actions taken to formulate the appropriate methodologies to implement the pay adjustments provided for under section 3 of this Act [amending
"(C) an assessment of the role of sections 2, 3, 4, 6, 7, 9, and 10 of this Act in contributing to the General Accounting Office's [now Government Accountability Office] ability to carry out its mission, meet its performance goals, and fulfill its strategic plan; and
"(2) in each report submitted to Congress under such section 719(a) after the effective date of section 3 of this Act [see Effective Date of 2004 Amendment note under
"(A) a detailed description of the methodologies applied under section 3 of this Act and the manner in which such methodologies were applied to determine the appropriate annual pay adjustments for officers and employees of the Office;
"(B) the amount of the annual pay adjustments afforded to officers and employees of the Office under section 3 of this Act; and
"(C) a description of any extraordinary economic conditions or serious budget constraints which had a significant impact on the determination of the annual pay adjustments for officers and employees of the Office.
"(b)
"(1) a summary of the information included in the annual reports required under subsection (a);
"(2) recommendations for any legislative changes to section 2, 3, 4, 6, 7, 9, or 10 of this Act; and
"(3) any assessment furnished by the General Accounting Office [now Government Accountability Office] Personnel Appeals Board or any interested groups or associations representing officers and employees of the Office for inclusion in such report.
"(c)
GAO Voluntary Early Retirement and Separation Incentives: Reporting Requirements
"(a)
"(1) a review of all actions taken pursuant to sections 1 through 3 of this Act [amending
"(A) the number of officers or employees who separated from service pursuant to section 1 or 2 [enacting provisions set out as notes under
"(B) an assessment of the effectiveness and usefulness of those sections in contributing to the agency's ability to carry out its mission, meet its performance goals, and fulfill its strategic plan; and
"(C) with respect to the amendment made by section 3, an assessment of the impact such amendment has had with respect to preference eligibles, including—
"(i) whether a disproportionate number or percentage of preference eligibles were included among those who became subject to reduction-in-force actions as a result of such amendment;
"(ii) whether a disproportionate number or percentage of preference eligibles were in fact released pursuant to reductions in force under such amendment; and
"(iii) to the extent that either of the foregoing is answered in the affirmative, the reasons for the disproportionate impact involved (particularly, whether such amendment caused or contributed to the disproportionate impact involved); and
"(2) recommendations for any legislation which the Comptroller General considers appropriate with respect to any of those sections.
"(b)
"(1) a summary of the portions of the annual reports required under subsection (a);
"(2) recommendations for continuation of section 1 or 2 or any legislative changes to section 1 or 2 or the amendment made by section 3; and
"(3) any assessment or recommendations of the General Accounting Office [now Government Accountability Office] Personnel Appeals Board or of any interested groups or associations representing officers or employees of the General Accounting Office [now Government Accountability Office].
"(c)
1 See References in Text note below.
§720. Agency reports
(a) In this section, "agency" means a department, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Columbia government.
(b) When the Comptroller General makes a report that includes a recommendation to the head of an agency, the head of the agency shall submit a written statement on action taken or planned on the recommendation by the head of the agency. The statement shall be submitted to—
(1) the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the congressional committees with jurisdiction over the agency program or activity that is the subject of the recommendation, and the Government Accountability Office before the 181st day after the date of the report; and
(2) the Committees on Appropriations of both Houses of Congress in the first request for appropriations submitted more than 180 days after the date of the report.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 720(a) | 31:1157. | Oct. 26, 1970, |
| 720(b) | 31:1176. |
In subsection (a), the words "As used . . . the term", "Federal", and "establishment" are omitted as surplus. The words in parentheses are included for consistency with section 101 of the revised title.
In subsection (b), before clause (1), the words "Comptroller General" are substituted for "General Accounting Office", and the words "head of the" are added, for consistency. The word "written" is omitted as surplus. In clause (1), the words "Governmental Affairs of the Senate" are substituted for "Government Operations of the . . . Senate" because of Rule 25.1(k) of the Standing Rules of the Senate (S. Doc. 96–1, 96th Cong., 1st Sess.). In clause (2), the words "both Houses of Congress" are substituted for "the House of Representatives and the Senate" for consistency. The words "connection with", "for that agency", and "to the Congress" are omitted as surplus.
Editorial Notes
Amendments
2019—Subsec. (b)(1).
Subsec. (b)(2).
2017—Subsec. (b).
Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
§721. Access to certain information
(a) No provision of the Social Security Act, including section 453(l) of that Act (
(b) The specific reference to a statute in subsection (a) shall not be construed to affect access by the Government Accountability Office to information under statutes that are not so referenced.
(Added
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531,
SUBCHAPTER III—PERSONNEL
§731. General
(a) The Comptroller General may appoint, pay, assign, and remove officers (except the Deputy Comptroller General) and employees the Comptroller General decides are necessary to carry out the duties and powers of the Government Accountability Office.
(b) The Comptroller General may establish for appropriate officers and employees a merit pay system consistent with
(c) The annual rate of basic pay of the General Counsel of the Government Accountability Office is equal to the rate for level IV of the Executive Schedule.
[(d) Repealed.
(e) The Comptroller General may procure the services of experts and consultants under
(f) The Comptroller General shall prescribe regulations under which officers and employees of the Office may, in appropriate circumstances, be reimbursed for any relocation expenses under subchapter II of
(g) The Comptroller General shall prescribe regulations under which key officers and employees of the Office who have less than 3 years of service may accrue leave in accordance with
(h) The Comptroller General may by regulation establish an executive exchange program under which officers and employees of the Office may be assigned to private sector organizations, and employees of private sector organizations may be assigned to the Office, to further the institutional interests of the Office or Congress, including for the purpose of providing training to officers and employees of the Office. Regulations to carry out any such program—
(1) shall include provisions (consistent with
(A) the duration and termination of assignments;
(B) reimbursements; and
(C) status, entitlements, benefits, and obligations of program participants;
(2) shall limit—
(A) the number of officers and employees who are assigned to private sector organizations at any one time to not more than 15; and
(B) the number of employees from private sector organizations who are assigned to the Office at any one time to not more than 30;
(3) shall require that an employee of a private sector organization assigned to the Office may not have access to any trade secrets or to any other nonpublic information which is of commercial value to the private sector organization from which such employee is assigned;
(4) shall require that, before approving the assignment of an officer or employee to a private sector organization, the Comptroller General shall determine that the assignment is an effective use of the Office's funds, taking into account the best interests of the Office and the costs and benefits of alternative methods of achieving the same results and objectives; and
(5) shall not allow any assignment under this subsection to commence after the end of the 5-year period beginning on the date of the enactment of this subsection.
(i) An employee of a private sector organization assigned to the Office under the executive exchange program shall be considered to be an employee of the Office for purposes of—
(1)
(2)
(3)
(4)
(5)
(6) section 1043 of the Internal Revenue Code of 1986; and
(7)
(j) Funds appropriated to the Government Accountability Office for salaries and expenses are available for meals and other related reasonable expenses incurred in connection with recruitment.
(k)
(
In subsection (a), the text of 31:52(a) and (b) and 31:56 is omitted as superseded by the other source provisions restated in this subchapter and subchapter IV of this chapter. The word "remove" is added for consistency with other provisions of the subchapter. The words "officers (except the Deputy Comptroller General) and employees" are substituted for "personnel" in 31:52–1, and the word "powers" is substituted for "functions", for consistency in the revised title and with other titles of the United States Code.
Subsection (b) is substituted for 31:52–4(b) to eliminate unnecessary words. The words "officers and" are added for consistency in the revised title and with other titles of the Code.
In subsections (c) and (d), the words "basic pay" are substituted for "compensation" for consistency in the revised title and with other titles of the Code.
In subsection (c), the words "United States" and "positions at" are omitted as surplus.
In subsection (d), the words "in the General Accounting Office", "prescribed . . . under
In subsection (e), before clause (1), the words "procure the services of" are substituted for "employ" for consistency with 5:3109. The words "at rates not in excess of the maximum daily rate prescribed for GS–18 under
Editorial Notes
References in Text
Level IV of the Executive Schedule, referred to in subsecs. (c) and (e), is set out in
The date of the enactment of this subsection, referred to in subsec. (h)(5), is the date of enactment of
Section 1043 of the Internal Revenue Code of 1986, referred to in subsec. (i)(6), is classified to
Amendments
2022—Subsec. (i)(5).
2015—Subsec. (k).
2011—Subsec. (i)(7).
2008—Subsec. (d).
Subsec. (e).
"(1) 15 experts and consultants may be procured for terms of not more than 3 years, but which shall be renewable; and
"(2) 10 experts and consultants may be procured permanently, temporarily, or intermittently to carry out sections 717(b)–(d) and 719(b)(1)(A) of this title at rates that are not more than the rate for level IV of the Executive Schedule."
Subsec. (j).
2004—Subsecs. (a), (c).
Subsec. (f).
Subsec. (g).
Subsecs. (h), (i).
2000—Subsec. (e)(1).
Subsec. (e)(2).
1993—Subsec. (b).
1984—Subsec. (b).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Effective Date of 2004 Amendment
"(a)
"(b)
"(1)
"(2)
"(A) provide that such adjustment not be applied in the case of any officer or employee whose performance is not at a satisfactory level, as determined by the Comptroller General for purposes of such adjustment; and
"(B) provide that such adjustment be reduced if and to the extent necessary because of extraordinary economic conditions or serious budget constraints.
"(3)
"(A)
"(B)
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1984 Amendments
Consultation
§732. Personnel management system
(a) The Comptroller General shall maintain a personnel management system. The Comptroller General may prescribe a regulation about the system only after notice and opportunity for public comment. A reprisal or threat of reprisal may not be made against an officer or employee of the Government Accountability Office because of comments on a proposed regulation about the system.
(b) The personnel management system shall—
(1) include the principles of
(2) prohibit personnel practices prohibited under
(3) prohibit political activities prohibited under subchapter III of
(4) ensure that officers and employees of the Office are appointed, promoted, and assigned only on the basis of merit and fitness, but without regard to those provisions of title 5 governing appointments and other personnel actions in the competitive service;
(5) give a preference to an individual eligible for a preference in the executive branch of the United States Government in a way and to an extent consistent with a preference given an individual in the executive branch; and
(6) provide that the Comptroller General shall fix the basic pay of officers and employees of the Office not fixed by law, consistent with
(c) Under the personnel management system—
(1) the Comptroller General shall publish a schedule of basic pay rates for officers and employees of the Office;
(2) except as provided in clause (4) of this subsection and
(3) except as provided under
(A) the principle that equal pay should be provided for work of equal value within each local pay area;
(B) the need to protect the purchasing power of officers and employees of the Office, taking into consideration the Consumer Price Index or other appropriate indices;
(C) any existing pay disparities between officers and employees of the Office and non-Federal employees in each local pay area;
(D) the pay rates for the same levels of work for officers and employees of the Office and non-Federal employees in each local pay area;
(E) the appropriate distribution of agency funds between annual adjustments under this section and performance-based compensation; and
(F) such other criteria as the Comptroller General considers appropriate, including, but not limited to, the funding level for the Office, amounts allocated for performance-based compensation, and the extent to which the Office is succeeding in fulfilling its mission and accomplishing its strategic plan;
notwithstanding any other provision of this paragraph, an adjustment under this paragraph shall not be applied in the case of any officer or employee whose performance is not at a satisfactory level, as determined by the Comptroller General for purposes of such adjustment;
(4) the pay schedule for officers and employees of the Office may provide that the basic pay rates for not more than 129 positions (including senior-level positions under
(5) the Comptroller General shall prescribe regulations under which an officer or employee of the Office shall be entitled to pay retention if, as a result of any reduction-in-force or other workforce adjustment procedure, position reclassification, or other appropriate circumstances as determined by the Comptroller General, such officer or employee is placed in or holds a position in a lower grade or band with a maximum rate of basic pay that is less than the rate of basic pay payable to the officer or employee immediately before the reduction in grade or band; such regulations—
(A) shall provide that the officer or employee shall be entitled to continue receiving the rate of basic pay that was payable to the officer or employee immediately before the reduction in grade or band until such time as the retained rate becomes less than the maximum rate for the grade or band of the position held by such officer or employee; and
(B) shall include provisions relating to the minimum period of time for which an officer or employee must have served or for which the position must have been classified at the higher grade or band in order for pay retention to apply, the events that terminate the right to pay retention (apart from the one described in subparagraph (A)), and exclusions based on the nature of an appointment; in prescribing regulations under this subparagraph, the Comptroller General shall be guided by the provisions of
(d) The personnel management system shall provide—
(1) for a system to appraise the performance of officers and employees of the General Accounting Office 2 that meets the requirements of
(A) a link between the performance management system and the agency's strategic plan;
(B) adequate training and retraining for supervisors, managers, and employees in the implementation and operation of the performance management system;
(C) a process for ensuring ongoing performance feedback and dialogue between supervisors, managers, and employees throughout the appraisal period and setting timetables for review;
(D) effective transparency and accountability measures to ensure that the management of the system is fair, credible, and equitable, including appropriate independent reasonableness, reviews, internal assessments, and employee surveys; and
(E) a means to ensure that adequate agency resources are allocated for the design, implementation, and administration of the performance management system;
(2) that the Comptroller General has the same responsibility for performance appraisals under this subsection as the Director of the Office of Personnel Management has under
(3) for a reduction in grade or removal of an officer or employee because of unacceptable performance consistent with
(4) for other personnel actions consistent with
(5) a procedure for processing complaints and grievances not otherwise provided for under clauses (3) and (4) of this subsection or subsection (e) or (f)(1) of this section.
(e) The personnel management system shall provide—
(1) a procedure that ensures that each officer and employee of the Government Accountability Office may form, join, or assist, or not form, join, or assist, an employee organization freely and without fear of penalty or reprisal; and
(2) for a labor-management relations program consistent with
(f)(1) The personnel management system shall—
(A) provide that all personnel actions affecting an officer, employee, or applicant for employment be taken without regard to race, color, religion, age, sex, national origin, political affiliation, marital status, or handicapping condition; and
(B) include a minority recruitment program consistent with
(2) This subchapter and subchapter IV of this chapter do not affect a right or remedy of an officer, employee, or applicant for employment under a law prohibiting discrimination in employment in the Government on the basis of race, color, religion, age, sex, national origin, political affiliation, marital status, or handicapping condition. However, for officers, employees, or applicants in the Government Accountability Office—
(A) the General Accounting Office Personnel Appeals Board 1 has the same authority over oversight and appeals matters as an executive agency has over oversight and appeals matters; and
(B) the Comptroller General has the same authority over matters (except oversight and appeals) as an executive agency has over matters (except oversight and appeals).
(3) This section does not affect a lawful effort to achieve equal employment opportunity through affirmative action.
(g) An officer or employee of the Government Accountability Office completing at least one year of continuous service under a nontemporary appointment under the personnel management system acquires a competitive status for appointment to a position in the competitive service for which the officer or employee is qualified.
(h)(1)(A) Notwithstanding any other provision of law, the Comptroller General shall prescribe regulations, consistent with regulations issued by the Office of Personnel Management under authority of
(B) The regulations must give effect to the following factors in descending order of priority—
(i) tenure of employment;
(ii) military preference subject to
(iii) veterans' preference under
(iv) performance ratings;
(v) length of service computed in accordance with the second sentence of
(vi) other objective factors such as skills and knowledge that the Comptroller General considers necessary and appropriate to realign the agency's workforce in order to meet current and future mission needs, to correct skill imbalances, or to reduce high-grade, managerial, or supervisory positions.
(C) Notwithstanding subparagraph (B), the regulations relating to removal from the General Accounting Office Senior Executive Service 1 in a reduction in force or other adjustment in force shall be consistent with
(2)(A) The regulations shall provide a right of appeal to the General Accounting Office Personnel Appeals Board 1 regarding a personnel action under the regulations, consistent with
(B) The regulations shall provide that final decision by the General Accounting Office Personnel Appeals Board 1 may be reviewed by the United States Court of Appeals for the Federal Circuit consistent with
(3)(A) Except as provided in subparagraph (B), an employee may not be released, due to a reduction in force, unless such employee is given written notice at least 60 days before such employee is so released. Such notice shall include—
(i) the personnel action to be taken with respect to the employee involved;
(ii) the effective date of the action;
(iii) a description of the procedures applicable in identifying employees for release;
(iv) the employee's ranking relative to other competing employees, and how that ranking was determined; and
(v) a description of any appeal or other rights which may be available.
(B) The Comptroller General may, in writing, shorten the period of advance notice required under subparagraph (A) with respect to a particular reduction in force, if necessary because of circumstances not reasonably foreseeable, except that such period may not be less than 30 days.
(i) The regulations under subsection (h) shall include provisions under which, at the discretion of the Comptroller General, the opportunity to separate voluntarily (in order to permit the retention of an individual occupying a similar position) shall, with respect to the Government Accountability Office, be available to the same extent and in the same manner as described in subsection (f)(1)–(4) of
(j)(1) For purposes of this subsection—
(A) the term "pay increase", as used with respect to an officer or employee in connection with a year, means the total increase in the rate of basic pay (expressed as a percentage) of such officer or employee, taking effect under section 731(b) and subsection (c)(3) in such year;
(B) the term "required minimum percentage", as used with respect to an officer or employee in connection with a year, means the percentage equal to the total increase in rates of basic pay (expressed as a percentage) taking effect under
(C) the term "covered officer or employee", as used with respect to a pay increase, means any individual—
(i) who is an officer or employee of the Government Accountability Office, other than an officer or employee described in subparagraph (A), (B), or (C) of section 4(c)(1) of the Government Accountability Office Act of 2008, determined as of the effective date of such pay increase; and
(ii) whose performance is at least at a satisfactory level, as determined by the Comptroller General under the provisions of subsection (c)(3) for purposes of the adjustment taking effect under such provisions in such year; and
(D) the term "nonpermanent merit pay" means any amount payable under section 731(b) which does not constitute basic pay.
(2)(A) Notwithstanding any other provision of this chapter, if (disregarding this subsection) the pay increase that would otherwise take effect with respect to a covered officer or employee in a year would be less than the required minimum percentage for such officer or employee in such year, the Comptroller General shall provide for a further increase in the rate of basic pay of such officer or employee.
(B) The further increase under this subsection—
(i) shall be equal to the amount necessary to make up for the shortfall described in subparagraph (A); and
(ii) shall take effect as of the same date as the pay increase otherwise taking effect in such year.
(C) Nothing in this paragraph shall be considered to permit or require that a rate of basic pay be increased to an amount inconsistent with the limitation set forth in subsection (c)(2).
(D) If (disregarding this subsection) the covered officer or employee would also have received any nonpermanent merit pay in such year, such nonpermanent merit pay shall be decreased by an amount equal to the portion of such officer's or employee's basic pay for such year which is attributable to the further increase described in subparagraph (A) (as determined by the Comptroller General), but to not less than zero.
(3) Notwithstanding any other provision of this chapter, the effective date of any pay increase (within the meaning of paragraph (1)(A)) taking effect with respect to a covered officer or employee in any year shall be the same as the effective date of any adjustment taking effect under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 732(a) | 31:52–2(a). | Feb. 15, 1980, |
| 31:52–5(b). | ||
| 732(b) | 31:52–2(b)(1), (c)(1st sentence). | |
| 732(c) | 31:52–2(c)(last sentence). | |
| 732(d) | 31:52–2(d), (f), (h). | |
| 732(e) | 31:52–2(e). | |
| 732(f)(1), (2) | 31:52–2(g). | |
| 732(f)(3) | 31:52–2(b)(2). | |
| 732(g) | 31:52–5(a). |
In the section, the words "officers and" are added for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the words "not later than October 1, 1980" and 31:52–5(b) are omitted as executed. The word "maintain" is substituted for "establish by regulation" to omit executed words. The words "for the General Accounting Office (hereinafter referred to as the 'personnel system') which shall meet the requirements of subsections (b) through (h)", and "or any amendment" are omitted as surplus. The words "about the system" are substituted for "thereto" for clarity.
In subsection (b)(1), the words "merit system" are omitted as surplus. In clause (5), the words "of the United States Government" are added for consistency. In clause (6), the words "the principles of" are omitted as surplus.
In subsection (c)(2), the words "payable . . . under the General Schedule" are omitted as surplus. In clause (4), the words "not more than 100 positions" are substituted for "up to one hundred employees" for consistency. The words "payable . . . grade . . . of the General Schedule" are omitted as surplus. In clause (5), the words "the principles of" are omitted as surplus.
In subsection (d)(2), the words "Director of" are added for consistency. The text of 31:52–2(d)(last sentence) is omitted as executed. In clause (4), the words "the taking of" are omitted as surplus.
In subsections (e)–(g), the word "management" is added for consistency.
In subsection (f)(1), the words "in the General Accounting Office" are omitted as surplus.
In subsection (f)(2), before clause (A), the word "affect" is substituted for "abolish or diminish" to eliminate unnecessary words. The words "in the General Accounting Office by section 717 of the Civil Rights Act of 1964, by sections 12 and 15 of the Age Discrimination in Employment Act of 1967, by section 6(d) of the Fair Labor Standards Act of 1938, by sections 501 and 505 of the Rehabilitation Act of 1973, or . . . other" are omitted as surplus. In clauses (A) and (B), the words "has the same authority . . . as . . . has" are substituted for "authorities granted thereunder to . . . shall be exercised by" for clarity. The words "the Equal Employment Opportunity Commission, Office of Personnel Management, the Merit Systems Protection Board, or . . . other" are omitted as surplus. In clause (A), the words "established by section 52–3" are omitted as surplus.
In subsection (f)(3), the word "affect" is substituted for "prohibits or restricts" for consistency.
In subsection (g), the words "Notwithstanding any other provision of law" are omitted as surplus.
Editorial Notes
References in Text
Level III of the Executive Level, referred to in subsec. (c)(2), probably means Level III of the Executive Schedule, which is set out in
The General Schedule, referred to in subsecs. (c)(4) and (j)(1)(B), is set out under
Section 4(c)(1) of the Government Accountability Office Act of 2008, referred to in subsec. (j)(1)(C)(i), is section 4(c)(1) of
Amendments
2008—Subsec. (c)(2).
Subsec. (j).
2004—Subsec. (a).
Subsec. (b)(6).
Subsec. (c)(3).
Subsec. (c)(5).
Subsec. (d)(1).
Subsecs. (e)(1), (f)(2) (introductory provisions), (g), (h)(1)(A).
Subsec. (h)(3)(A).
Subsec. (i).
2000—Subsec. (c)(4).
Subsec. (h).
Subsec. (i).
1995—Subsec. (h).
1990—Subsec. (b)(6).
1988—Subsec. (c)(3).
Subsec. (c)(4).
1984—Subsec. (c)(4).
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 of
Effective Date of 2008 Amendment
Effective Date of 2004 Amendment
Amendment by section 3 of
Effective Date of 2000 Amendment; Savings Provision
"(2)
"(A) the 180th day following the date of the enactment of this Act [Oct. 13, 2000]; or
"(B) if earlier, the date the Comptroller General issues the regulations required under such amendment.
"(3)
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Pay Adjustment Relating to Certain Previous Years
"(a)
"(1) an officer or employee described in subparagraph (A), (B), or (C) of section 4(c)(1) [set out as a note below]; and
"(2) an officer or employee who received both a 2.6 percent pay increase in January 2006 and a 2.4 percent pay increase in February 2007.
"(b)
"(c)
"(d)
"(1)(A) the total amount of basic pay that would have been paid to the individual, for service performed during the period beginning on the effective date of the pay increase for 2006 and ending on the day before the effective date of the pay adjustment under subsection (c) (or, if earlier, the date on which the individual retires or otherwise ceases to be employed by the Government Accountability Office), if such individual had received both a 2.6 percent pay increase for 2006 and a 2.4 percent pay increase for 2007, minus
"(B) the total amount of basic pay that was in fact paid to the individual for service performed during the period described in subparagraph (A); and
"(2) increased by 4 percent of the amount calculated under paragraph (1).
Eligibility for a lump-sum payment under this subsection shall be determined solely on the basis of whether an individual satisfies the requirements of subsection (a) (to be considered an individual to whom this section applies), and without regard to such individual's employment status as of any date following the date of the enactment of this Act or any other factor.
"(e)
"(1) the payment of any rate (or portion of the lump-sum amount as calculated under subsection (d)(1) based on a rate) for any pay period, to the extent that such rate would be (or would have been) inconsistent with the limitation that applies (or that applied) with respect to such pay period under
"(2) the payment of any rate or amount based on the pay increase for 2006 or 2007 (as the case may be), if—
"(A) the performance of the officer or employee involved was not at a satisfactory level, as determined by the Comptroller General under paragraph (3) of section 732(c) of such title 31 for purposes of the adjustment under such paragraph for that year; or
"(B) the individual involved was not an officer or employee of the Government Accountability Office on the date as of which that increase took effect.
As used in paragraph (2)(A), the term 'satisfactory' includes a rating of 'meets expectations' (within the meaning of the performance appraisal system used for purposes of the adjustment under section 732(c)(3) of such title 31 for the year involved).
"(f)
"(1)
"(A) be treated as basic pay (as defined by section 8331 or 8401 of such title); and
"(B) be allocated to the biweekly pay periods covered by subsection (d).
"(2)
"(A)
"(i) employee contributions that would have been deducted and withheld from pay under
"(ii) employee contributions that were actually deducted and withheld from pay under
"(B)
"(i) the amount of each deduction and withholding under subparagraph (A); and
"(ii) an amount for applicable agency contributions under
"(g)
Lump-Sum Payment for Certain Performance-Based Compensation
"(a)
"(b)
"(1) the total amount of performance-based compensation such individual would have earned for 2006 (determined by applying the Government Accountability Office's performance-based compensation system under GAO Orders 2540.3 and 2540.4, as in effect in 2006) if such individual had not had a salary equal to or greater than the maximum for such individual's band (as further described in subsection (c)(2)), less
"(2) the total amount of performance-based compensation such individual was in fact granted, in January 2006, for that year.
"(c)
"(1) as of the date of the enactment of this Act, is an officer or employee of the Government Accountability Office, excluding—
"(A) an individual holding a position subject to
"(B) a Federal Wage System employee; and
"(C) an individual participating in a development program under which such individual receives performance appraisals, and is eligible to receive permanent merit pay increases, more than once a year; and
"(2) as of January 22, 2006, was a Band I staff member with a salary above the Band I cap, a Band IIA staff member with a salary above the Band IIA cap, or an administrative professional or support staff member with a salary above the cap for that individual's pay band (determined in accordance with the orders cited in subsection (b)(1)).
"(d)
"(e)
"(1) the term 'performance-based compensation' has the meaning given such term under the Government Accountability Office's performance-based compensation system under GAO Orders 2540.3 and 2540.4, as in effect in 2006; and
"(2) the term 'permanent merit pay increase' means an increase under
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
1 See Change of Name note below.
2 So in original. Probably should be "Government Accountability Office".
§732a. Critical positions
(a) The Comptroller General may establish senior-level positions to meet critical scientific, technical or professional needs of the Government Accountability Office. An individual serving in such a position shall—
(1) be subject to the laws and regulations applicable to the General Accounting Office Senior Executive Service 1 under
(2) have the same rights of appeal to the General Accounting Office Personnel Appeals Board 1 as are provided to the Office Senior Executive Service;
(3) be exempt from the same provisions of law as are made inapplicable to the Office Senior Executive Service under
(4) be entitled to discontinued service retirement under
(5) be subject to reassignment by the Comptroller General to any position in the Office Senior Executive Service under
(b) Senior-level positions under this section may include positions referred to in paragraph (1) or (2) of
(Added
Editorial Notes
Amendments
2008—Subsec. (b).
2004—Subsec. (a).
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 of
1 See Change of Name note below.
§733. Senior Executive Service
(a) The Comptroller General may establish a General Accounting Office Senior Executive Service 1 —
(1) meeting the requirements of
(2) providing requirements for positions consistent with
(3) providing rates of basic pay—
(A) not more than the maximum rate or less than the minimum rate for the Senior Executive Service under
(B) adjusted annually by the Comptroller General after taking into consideration the factors listed under
(4) providing a performance appraisal system consistent with subchapter II of
(5) allowing the Comptroller General to award ranks to officers and employees in the Office Senior Executive Service consistent with
(6) providing for removal consistent with
(7) allowing the Comptroller General to reassign an officer or employee in the Office Senior Executive Service to any senior-level position established under
(8) allowing the Comptroller General to pay performance awards to officers and employees of the Office Senior Executive Service consistent with
(b) Except as provided in subsection (a), the Comptroller General may apply any part of title 5 that applies to an applicant for or officer or employee in the Senior Executive Service under title 5 to the Office Senior Executive Service.
(c) The Office Senior Executive Service may include positions referred to in
(d) Section 732(b)(6), (c), (d)(1)–(4), and (e) of this title does not apply to the Office Senior Executive Service.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 733(a) | 31:52–4(a)(1). | Feb. 15, 1980, |
| 733(b) | 31:52–4(a)(2). | |
| 733(c) | 31:52–4(a)(4). | |
| 733(d) | 31:52–4(a)(3). |
In subsection (a), before clause (1), the words "promulgate regulations" are omitted as surplus. The words "(hereinafter referred to as the GAO Senior Executive Service)" are omitted because of the restatement. In clause (1), the words "for the Senior Executive Service" are omitted as surplus. In clause (2), the words "in the GAO Senior Executive Service . . . which are" are omitted as surplus. In clause (3), before subclause (A), the words "for the GAO Senior Executive Service" are omitted as surplus. In subclause (A), the word "established" is omitted as surplus. In clause (4), the words "for the GAO Senior Executive Service" are omitted as surplus. In clauses (5) and (7), the words "officers and employees" are substituted for "members" for consistency in the revised title and with other titles of the United States Code. In clause (5), the words "the provisions applicable to the Office of Personnel Management and the President under" are omitted as surplus. In clause (7), the words "the provisions applicable to performance awards under" are omitted as surplus.
In subsection (b), the words "officer or employee" are substituted for "member" for consistency in the revised title and with other titles of the Code.
In subsection (d), the words "Employees in . . . the personnel system established under" are omitted as surplus.
Editorial Notes
Amendments
2008—Subsec. (c).
2004—Subsec. (a)(3)(B).
2000—Subsec. (a)(7), (8).
1984—Subsec. (c).
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 of
Effective Date of 2004 Amendment
Amendment by section 3 of
Effective Date of 1984 Amendment
Amendment by
1 See Change of Name note below.
§734. Assignments and details to Congress
The Comptroller General may assign or detail an officer or employee of the Government Accountability Office to full-time continuous duty with a committee of Congress for not more than one year.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 734(a) | 31:1175(a). | Oct. 26, 1970, |
| 734(b) | 31:1175(c). | Oct. 26, 1970, |
In the section, the words "officer or" are added for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the words "Notwithstanding any other provision of law" are omitted as surplus. The word "continuous" is substituted for "on a continuing basis" to eliminate unnecessary words. The words "committee of Congress" are substituted for "committee of the Senate or House of Representatives or with any joint committee of Congress" for consistency and to eliminate unnecessary words. The words "any period of" are omitted as surplus.
In subsection (b), the words "Comptroller General" are substituted for "General Accounting Office" for consistency. The word "pay" is substituted for "salary" for consistency in the revised title and with other titles of the Code.
Editorial Notes
Amendments
2004—
1984—
§735. Relationship to other laws
(a) Except as provided in
(b) Except as specifically provided in this subchapter and subchapter IV of this chapter, those subchapters do not change the application of a law applicable to officers and employees of the Government Accountability Office.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 735(a) | 31:52–6(a). | Feb. 15, 1980, |
| 735(b) | 31:52–6(b). |
In subsection (a), the words "repealing, amending, or otherwise" are omitted as surplus.
In subsection (b), the words "repeal . . . or limit" are omitted as surplus. The words "officers and" are added for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments
2008—Subsec. (a).
2004—Subsec. (b).
§736. Authorization of appropriations
Amounts necessary to carry out this subchapter and subchapter IV of this chapter may be appropriated to the Comptroller General.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 736 | 31:52–7. | Feb. 15, 1980, |
The word "hereby" is omitted as surplus. The words "to the Comptroller General" are added for consistency. The words "beginning fiscal year 1981 and for each fiscal year thereafter" are omitted as executed.
SUBCHAPTER IV—PERSONNEL APPEALS BOARD
§751. Organization
(a) The Government Accountability Office has a General Accounting Office Personnel Appeals Board.1 The Board is composed of 5 members appointed by the Comptroller General. An individual may be appointed only if the individual—
(1) is not a current or former officer or employee of the Office or of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants,; 2
(2) has the demonstrated ability, background, training, and experience necessary to be qualified specially to serve on the Board; and
(3) demonstrates a capacity and willingness to devote sufficient time to dispose of cases in a timely way.
(b) The Comptroller General shall appoint members only—
(1) after considering any candidates who are recommended to the Comptroller General (at such time and in such manner as the Comptroller General requires) by organizations composed primarily of individuals experienced in adjudicating or arbitrating personnel matters; and
(2) after the Comptroller General consults with organizations representing employees of the Office and with any member of each committee of Congress, having legislative jurisdiction over the personnel management system maintained under
(c)(1) Except as provided in paragraph (2), the term of a member of the Board is 5 years. A member may not be reappointed. An individual appointed to fill a vacancy occurring before the expiration of a term of office is appointed for the remainder of the term. However, if the unexpired part of a term is less than one year, the Comptroller General may appoint an individual for a 5-year term plus the unexpired part of the term. When the term of a member ends, the member may continue to serve until a successor takes office or for 6 months after the term expires, whichever is earlier.
(2)(A) The term of a member serving on the date of the enactment of the General Accounting Office Personnel Amendments Act of 1988 shall be as follows:
(i) Of the 2 members appointed in 1985, the term of 1 such member shall be 5 years, and the term of the other such member shall be 6 years.
(ii) Of the 2 members appointed in 1986, the term of 1 such member shall be 6 years, and the term of the other such member shall be 7 years.
(iii) The term of the member appointed in 1987 shall be 7 years.
(B) Within 60 days after the date referred to in subparagraph (A), the Comptroller General shall determine—
(i) with respect to the members under subparagraph (A)(i), which will have a term of 5 years and which will have a term of 6 years; and
(ii) with respect to the members under subparagraph (A)(ii), which will have a term of 6 years and which will have a term of 7 years.
(C) A term established for a member under this paragraph shall be measured—
(i) from the date on which the member was originally appointed; or
(ii) in the case of a member serving for the unexpired portion of a term, from the appointment date of the individual who was originally appointed to serve for such term.
(d) A member may be removed by a majority of the Board (except the member subject to removal) only for inefficiency, neglect of duty, or malfeasance in office. A member subject to removal shall be given notice and an opportunity for a hearing before the Board unless the member waives the opportunity in writing.
(e) While carrying out a member's duties (including travel), a member who is not an officer or employee of the United States Government is entitled to basic pay at a rate equal to the daily rate of basic pay payable for grade GS–18 of the General Schedule. Each member is entitled to travel expenses and per diem allowances under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 751(a) | 31:52–3(a)(1), (3). | Feb. 15, 1980, |
| 751(b) | 31:52–3(a)(2), (4). | |
| 751(c) | 31:52–3(b). | |
| 751(d) | 31:52–3(c). | |
| 751(e) | 31:52–3(d). |
In subsection (a), before clause (1), the words "The General Accounting Office has a General Accounting Office Personnel Appeals Board" are substituted for 31:52–3(a)(1)(1st sentence less words between parentheses) for consistency. The text of 31:52–3(a)(1)(1st sentence words between parentheses) is omitted because of the restatement. The words "in accordance with this subsection" and "as a member of the Board" are omitted as surplus. In clause (1), the words "a total of" are omitted as surplus. In clause (4), the words "to service as a member of the Board in order to enable the Board . . . under this section" are omitted as surplus.
In subsection (b), before clause (1), the words "under paragraph (1)" are omitted as surplus. The word "only" is added for clarity. In clause (1), the words "in a way" are substituted for "in the form . . . and according to the procedures" to eliminate unnecessary words. The words "eligible to make such a submission under paragraph (4)", "shall be eligible to submit a list of candidates to the Comptroller General under paragraph (2)(A)", and "the membership of" are omitted as surplus. In clause (2), the word "management" is added for consistency. The words "under
In subsection (c), the words "Except as provided in paragraph (2)" are omitted because of the restatement. The text of 31:52–3(b)(2) is omitted as executed. The words "of the Board" and 31:52–3(b)(4)(1st sentence) are omitted as surplus. The words "occurring before the expiration of a term of office" are substituted for "with respect to which such vacancy has occurred" for clarity. The words "or for 6 months after the term expires, whichever is earlier" are substituted for 31:52–3(b)(5)(words after comma) to eliminate unnecessary words.
In subsection (d), the words "of the Board . . . from the Board", "the members of", and "proposed action of" are omitted as surplus. The words "prior to any vote of the members of the Board under paragraph (1)(A)" are omitted as surplus. The words "unless the member waives the opportunity in writing" are substituted for 31:52–3(c)(2)(last sentence) to eliminate unnecessary words.
In subsection (e), the words "While carrying out a member's duties" are substituted for "for each day such member is engaged in the actual performance of duties as a member of the Board" to eliminate unnecessary words. The words "an officer or employee of" are substituted for "otherwise employed by" for consistency in the revised title and with other titles of the United States Code. The words "payable . . . under the General Schedule under
Editorial Notes
References in Text
The date of the enactment of the General Accounting Office Personnel Amendments Act of 1988, referred to in subsec. (c)(2)(A), is the date of enactment of
Amendments
2004—Subsec. (a).
1994—Subsec. (a)(1).
1988—Subsec. (a).
Subsec. (b)(1).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 of
Application of Provisions Amended by Pub. L. 103–283
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
1 See Change of Name note below.
2 So in original. The comma probably should not appear.
§752. Chairman and General Counsel
(a) The General Accounting Office Personnel Appeals Board 1 shall select one of its members as Chairman. The Chairman is the chief executive and administrative officer of the Board.
(b)(1) The Comptroller General shall appoint as General Counsel of the Board an individual the Chairman selects. The General Counsel serves at the pleasure of the Chairman.
(2) The Chairman shall fix the pay of the General Counsel. The rate of basic pay of the General Counsel may be not more than the maximum rate of basic pay payable for grade GS–16 of the General Schedule.
(3) The General Counsel shall—
(A) investigate an allegation about a prohibited personnel practice under
(B) investigate an allegation about a prohibited political activity under
(C) investigate a matter under the jurisdiction of the Board if the Board or a member of the Board requests; and
(D) help the Board carry out its duties and powers.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 752(a) | 31:52–3(e). | Feb. 15, 1980, |
| 752(b) | 31:52–3(f), (g). |
In subsection (a), the words "members of the" are omitted as surplus.
In subsection (b)(1), the words "(hereinafter referred to as the 'General Counsel')" are omitted because of the restatement. The words "shall be eligible for reappointment and" are omitted as surplus.
In subsection (b)(2), the word "annual" is added for clarity. The word "basic" is added for consistency in the revised title and with other titles of the United States Code. The words "payable . . . of the General Schedule" are omitted as surplus.
In subsection (b)(3)(A), the words "to the extent necessary" are omitted as surplus. The words "officer or" are added for consistency in the revised title and with other titles of the Code.
In subsection (b)(3)(D), the word "otherwise" is omitted as surplus. The words "duties and powers" are substituted for "functions" for consistency.
Editorial Notes
Amendments
2004—Subsec. (b)(3)(A).
1988—Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 of
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
1 See Change of Name note below.
§753. Duties and powers
(a) The General Accounting Office Personnel Appeals Board 1 may consider and order corrective or disciplinary action in a case arising from—
(1) an officer or employee appeal about a removal, suspension for more than 14 days, reduction in grade or pay, or furlough of not more than 30 days;
(2) a prohibited personnel practice under
(3) a prohibited political activity under
(4) a decision of an appropriate unit of employees for collective bargaining;
(5) an election or certification of a collective bargaining representative;
(6) a matter appealable to the Board under the labor-management relations program under
(7) an action involving discrimination prohibited under
(8) an issue about Office personnel the Comptroller General by regulation decides the Board shall resolve; and
(9) an action involving discrimination prohibited under section 312(e)(2) 2 of the Architect of the Capitol Human Resources Act.
(b) The Board has no authority to issue a stay of any reduction in force action.
(c) The Board may delegate to a member or a panel of members the authority to act under subsection (a) of this section. A decision of a member or panel under subsection (a) is deemed to be a final decision of the Board unless the Board reconsiders the decision under subsection (d) of this section.
(d) On motion of a party or on its own initiative, the Board may reconsider a decision under subsection (a) of this section by the 30th day after the decision is made.
(e) The Board shall prescribe regulations—
(1) providing for officer and employee appeals consistent with
(2) on the operating procedure of the Board.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 753(a) | 31:52–3(h). | Feb. 15, 1980, |
| 753(b) | 31:52–3(j). | |
| 753(c) | 31:52–3(k). | |
| 753(d) | 31:52–3(m). |
In the section, the words "officer or" are added for consistency in the revised title and with other titles of the United States Code.
In subsection (a), before clause (1), the words "decide" and "(where appropriate)" are omitted as surplus. In clause (6), the words "relations program" are substituted for "system" for consistency. In clause (8), the words "most appropriately" are omitted as surplus.
In subsection (b), the words "delegate . . . to act" are substituted for "designate . . . to take any action which the Board is authorized to take" for consistency and to eliminate unnecessary words. The words "individual" and "reopened and" are omitted as surplus.
In subsection (c), the words "reopen and" are omitted as surplus.
In subsection (d)(1), the words "the principles of" are omitted as surplus.
Editorial Notes
References in Text
Section 312(e)(2) of the Architect of the Capitol Human Resources Act, referred to in subsec. (a)(9), was classified to
Amendments
1995—Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
1994—Subsec. (a)(9).
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 of
Application of Provisions Amended by Pub. L. 103–283
Provisions of this section amended by section 312(e) of
1 See Change of Name note below.
2 See References in Text note below.
§754. Action by the Comptroller General
When the Comptroller General has authority, the Comptroller General promptly shall carry out action the General Accounting Office Personnel Appeals Board 1 orders under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 754 | 31:52–3(i). | Feb. 15, 1980, |
The words "to do so" and "corrective" are omitted as surplus. The words "under
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 of
1 See Change of Name note below.
§755. Judicial review
(a) A final decision under section 753(a)(1)–(3), (6),,1 (7) or (9) of this title may be reviewed by the United States Court of Appeals for the Federal Circuit.
(1) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law;
(2) not made consistent with required procedures; or
(3) unsupported by substantial evidence.
(b) If an officer, employee, applicant for employment, or employee of the Architect of the Capitol, the Botanic Garden, or the Senate Restaurants is the prevailing party in a proceeding under this section, and the decision is based on a finding of discrimination prohibited under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 755 | 31:52–3(l). | Feb. 15, 1980, |
In the section, before clause (1), the first sentence is substituted for 31:52–3(l)(1)(1st sentence) for consistency with other titles of the United States Code. The word "review" is substituted for "appeal" for consistency. The words "the procedures of", "any other provision of law", "of a final decision of the Board . . . the date . . . of the Board", and "In any case filed under paragraph (1) . . . review the record and" are omitted as surplus. The words "final decision" are substituted for "agency action, findings, or conclusions" for consistency. Clause (2) is substituted for 31:52–3(l)(2)(B) to eliminate unnecessary words.
1984 Act
This clarifies section 755 by conforming it more closely to the language of the source provision of the section.
Editorial Notes
References in Text
Section 312(e)(2) of the Architect of the Capitol Human Resources Act, referred to in subsec. (b), was classified to
Section 706(k) of the Civil Rights Act of 1964, referred to in subsec. (b), is classified to
Amendments
1994—Subsec. (a).
Subsec. (b).
1988—Subsec. (a).
Subsec. (b).
1984—
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Application of Provisions Amended by Pub. L. 103–283
Provisions of this section amended by section 312(e) of
1 So in original. Second comma probably should follow "(7)".
2 See References in Text note below.
SUBCHAPTER V—ANNUITIES
§771. Definitions
In this subchapter—
(1) "dependent child" means an unmarried dependent child (including a stepchild or adopted child) who is—
(A) under 18 years of age;
(B) incapable of self-support because of physical or mental disability; or
(C) between 18 and 22 years of age and is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. For the purposes of this subchapter, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while such child is regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim period between school years if the interim period is not more than 5 months and if such child shows to the satisfaction of the General Counsel of the Government Accountability Office that such child has a bona fide intention of continuing in the same or a different school during the school semester (or other period into which the school year is divided) immediately after the interim period.
(2) "surviving spouse" means a surviving spouse of an individual who was a Comptroller General or retired Comptroller General and the spouse—
(A) was married to the individual for at least 1 year immediately before the individual died; or
(B) has not remarried before age 55 and is the parent of issue by the marriage.
(3) service as a Comptroller General equals the number of years and complete months an individual is Comptroller General.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 771(1), (2) | 31:43b(g). | June 10, 1921, ch. 18, |
| 771(3) | 31:43b(p). |
In this subchapter, the words "surviving spouse", "spouse", "surviving spouse's", and "parent" are substituted for "widow", "wife", "surviving widow's", and "mother", respectively, because of 5:7202(c).
In clause (3), the words "or retired Comptroller General" are omitted as executed because a retired Comptroller General could elect survivor benefits and include retirement service only if the Comptroller General had retired by July 13, 1959. The word "total" is omitted as surplus. The words "complete months" are substituted for "twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any" to eliminate unnecessary words. The words "an individual is Comptroller General" are added for clarity.
Editorial Notes
Amendments
2004—Par. (1)(C).
1988—Par. (1)(C).
Par. (2)(A).
Par. (2)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by
§772. Annuity of the Comptroller General
(a) Except as provided in subsection (c) of this section, a Comptroller General serving a complete term as Comptroller General or who retires under
(b) Except as provided in subsection (c) of this section, a Comptroller General becoming permanently disabled shall be retired and is entitled to receive an annuity for life equal to—
(1) the pay of the Comptroller General at the time of retirement if the Comptroller General served at least 10 years; or
(2) 50 percent of the pay if the Comptroller General served less than 10 years.
(c) A Comptroller General who, when appointed, is or has been subject to subchapter III of
(d) A Comptroller General (except a Comptroller General remaining subject to subchapter III of
(1) deposit with the Government Accountability Office for redeposit in the Treasury as miscellaneous receipts as a contribution to the annuity—
(A) 3.5 percent of the pay received as Comptroller General before deductions are made under clause (2)(A) of this subsection plus 3 percent interest compounded every December 31 on the amount to be deposited, if electing survivor benefits under this subchapter; or
(B) 8 percent of the pay received as Comptroller General before deductions are made under clause (2)(B) of this subsection plus 3 percent interest compounded every December 31 on the amount to be deposited, if not electing survivor benefits under this subchapter; and
(2) have—
(A) 3.5 percent of the pay received as Comptroller General deducted as a contribution to the annuity if electing survivor benefits under this subchapter; or
(B) 8 percent of the pay received as Comptroller General deducted as a contribution to the annuity if not electing survivor benefits under this subchapter.
(e) A Comptroller General receiving benefits under this section may not receive retirement or disability benefits under another law of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 772(a) | 31:43(2d par. 1st sentence). | June 10, 1921, ch. 18, |
| 772(b) | 31:43(2d par. 2d sentence). | |
| 772(c) | 31:43(3d par. 1st, 2d sentences, 3d sentence words before comma). | June 10, 1921, ch. 18, |
| 772(d) | 31:43(2d par. 4th sentence, 3d par. last sentence). | June 10, 1921, ch. 18, |
| 772(e) | 31:43(2d par. last sentence, 3d par. 3d sentence words after comma). |
In subsections (a) and (b), the words "Except as provided in subsection (c) of this section" are added for clarity. The words "is entitled to receive" are substituted for "shall receive" as being more precise and for consistency with title 5.
In subsection (a), the words "under
In subsection (b), before clause (1), the words "from performing his duties" are omitted as surplus.
In subsections (c) and (d), the words "Comptroller General" are substituted for "person appointed to the Office of Comptroller General" and "person who is appointed to the Office of Comptroller General" to eliminate unnecessary words.
In subsection (c), the words "Notwithstanding the preceding paragraph of this section" are omitted as surplus. The words "after January 1, 1966" are omitted as executed. The words "receive an annuity under this section" are substituted for "and no deduction from his salary shall be made under the preceding paragraph . . . be subject to the provisions of the preceding paragraph of this section" for clarity and because of the restatement.
In subsection (d), before clause (1), the words "after October 25, 1978" are omitted as executed. The words "(except a Comptroller General remaining subject to subchapter III of
In subsection (e), the words "Comptroller General" are substituted for "person" for clarity.
Editorial Notes
Amendments
2004—Subsec. (d)(1).
1988—Subsec. (a).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
§773. Election of survivor benefits
(a) To provide survivor benefits, a Comptroller General may elect in writing to reduce the pay and annuity of the Comptroller General. An election shall be made within 6 months of taking office or, if an election is made under
(b) A Comptroller General electing to provide survivor benefits shall—
(1) have 4.5 percent of the pay received as Comptroller General and 5 percent of the annuity of the Comptroller General deducted; and
(2) deposit with the Government Accountability Office for redeposit in the Treasury as miscellaneous receipts—
(A) 4.5 percent of the pay and annuity received as Comptroller General before the deductions begin;
(B) 4.5 percent of basic pay received as a member of Congress or for other civilian service on which a surviving spouse's annuity is computed under
(C) 4 percent interest before January 1, 1948, and 3 percent interest after December 31, 1947, compounded every December 31, on amounts deposited.
(c) This subchapter does not prevent a surviving spouse or dependent child from receiving another annuity while receiving an annuity under
(d) The reduction in the Comptroller General's annuity under subsection (b)(1) for the purpose of providing survivor benefits shall be terminated for each full month after the death of the spouse.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 773(a) | 31:43b(a). | June 10, 1921, ch. 18, |
| 773(b) | 31:43b(b), (c). | June 10, 1921, ch. 18, |
| 773(c) | 31:43b(q). | June 10, 1921, ch. 18, |
In subsections (a) and (b), the word "pay" is substituted for "salary", and the word "annuity" is substituted for "retirement pay", for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the words "To provide" are substituted for "for purposes of" for clarity. The words "or in the case of the Comptroller General currently in office and any retired Comptroller General, within six months after July 13, 1959" are omitted as executed. The words "as hereinafter provided" are omitted as surplus.
In subsection (b), before clause (1), the words "of the United States" are omitted as surplus. The words "or retired Comptroller General" are omitted as executed. The word "provide" is substituted for "receive" for clarity and consistency. In clause (2), before subclause (A), the word "redeposit" is substituted for "covering" for clarity. The words "the general fund of" and "a sum equal to" are omitted as surplus. In subclause (A), the words "the date current . . . from his salary and retirement pay" and 31:43b(c)(last sentence) are omitted as surplus. In subclause (B), the words "salary . . . or compensation for service" are omitted as surplus. The words "member of Congress" are substituted for "Senator, Representative, Delegate, or Resident Commissioner in the Congress of the United States" for consistency and to eliminate unnecessary words.
In subsection (c), the words "be construed to" and "eligible therefore" are omitted as surplus. The words "receiving another annuity while" are substituted for "simultaneously . . . and any annuity . . . to which she would otherwise be entitled under any other law" to eliminate unnecessary words. The words "(including old age and survivor benefits)" and "without regard to this section" are omitted as surplus.
Editorial Notes
Amendments
2004—Subsec. (b)(2).
1988—Subsec. (b)(1).
Subsec. (b)(2)(C).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by
§774. Survivor annuities
(a) In this section—
(1) "allowable military service" means honorable active service of not more than 5 years in an armed force (including service in the National Guard when ordered to active duty for the United States Government), when the service is not creditable in computing another annuity.
(2) "other prior allowable service" means civilian service as an officer or employee of the Government or District of Columbia government not covered by subsection (d)(1) of this section.
(3) "congressional employee" has the same meaning given that term in
(b) A survivor annuity shall be paid under this subchapter when a Comptroller General—
(1) makes an election under
(2) dies in office or while receiving an annuity under
(3) had at least 18 months of civilian service at death computed under subsections (a) and (d) of this section; and
(4) had deductions or deposits under
(c) If the Comptroller General or retired Comptroller General is survived—
(1) only by a spouse, the surviving spouse shall receive an annuity computed under subsection (d) of this section beginning on the death of the Comptroller General or retired Comptroller General or when the spouse is 50 years of age, whichever is later;
(2) by a spouse and a dependent child, the surviving spouse shall receive an immediate annuity computed under subsection (d) of this section and each dependent child shall receive an immediate annuity equal to the smaller of—
(A) 10 percent of the average annual pay computed under subsection (d)(1) of this section; or
(B) 20 percent of the average annual pay computed under subsection (d)(1) of this section, divided by the number of dependent children; or
(3) only by a dependent child, each dependent child shall receive an immediate annuity equal to the smaller of—
(A) the annuity a surviving spouse would be entitled to receive under clause (2) of this subsection, divided by the number of dependent children;
(B) 20 percent of the average annual pay computed under subsection (d)(1) of this section; or
(C) 40 percent of the average annual pay computed under subsection (d)(1) of this section, divided by the number of dependent children.
(d) The annuity of a surviving spouse is equal to—
(1) 1.5 percent of the average annual pay (based on the 3 years of highest pay received as Comptroller General and other prior allowable service) times—
(A) the number of years of—
(i) service as Comptroller General or a member of Congress; and
(ii) prior allowable military service; and
(B) not more than 15 years of prior allowable service as a congressional employee; plus
(2) .75 percent of the average pay computed under clause (1) of this subsection times the number of years of other allowable service.
(e) A surviving spouse's annuity may not be more than 50 percent nor less than 25 percent of the average annual pay computed under subsection (d)(1) of this section. If a Comptroller General does not make the deposit under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 774(a) | 31:43b(o). | June 10, 1921, ch. 18, |
| 774(b), (c) | 31:43b(e). | June 10, 1921, ch. 18, |
| 774(d) | 31:43b(n)(less words after last comma). | |
| 774(e) | 31:43b(d). | |
| 31:43b(n)(words after last comma). |
In subsection (a)(1), the words "in an armed force" are substituted for "in the Army, Navy, Air Force, Marine Corps, or Coast Guard" for consistency with title 10. The word "only" is omitted as surplus. The word "Government" is added for consistency. The word "computing" is added for clarity. The word "annuity" is substituted for "retirement or retired pay" for consistency in the revised title and with other titles of the United States Code. The words "under any other provision of law" are omitted as surplus.
Subsection (a)(3) is substituted for 31:43b(o)(1st sentence) for consistency in the revised title and with other titles of the Code.
In subsection (b), before clause (1), the words "A survivor annuity shall be paid under this subchapter when" are added for clarity. The words "or retired Comptroller General" are omitted as executed. In clause (1), the words "made an election under
In subsection (c)(1), the words "only by a spouse" are substituted for "by a widow but not by a dependent child" to eliminate unnecessary words.
In subsection (c)(2), before subclause (A), the words "or children" and "in an amount" are omitted as surplus.
In subsection (c)(3), before subclause (A), the words "only by a dependent child" are substituted for "no surviving widow but leaves a surviving dependent child or children" to eliminate unnecessary words. In subclause (A), the words "the amount of" are omitted as surplus. The words "a surviving spouse" are substituted for "such widow . . . had she survived" to eliminate unnecessary words.
In subsection (d), before clause (1), the words "of a Comptroller General or retired Comptroller General who has elected to bring himself within the purview of this section" are omitted as surplus. In clauses (1) and (2), the word "pay" is substituted for "salary" for consistency in the revised title and with other titles of the Code. In clause (1), before subclause (A), the words "by him for service . . . service in which his" are omitted as surplus. In subclause (A)(i), the words "member of Congress" are substituted for "Senator, Representative, Delegate, or Resident Commissioner in the Congress of the United States" for consistency and to eliminate unnecessary words. The words "his years of service as" and "of the United States" are omitted as surplus.
In subsection (e), the words "and shall be further reduced in accordance with subsection (d) of this section if applicable" are omitted because of the restatement. The words "or a retired Comptroller General" are omitted as executed. The words "during which a deposit was not made" are substituted for "rendered" for clarity. The word "unpaid" is added for clarity.
Editorial Notes
Amendments
1988—Subsec. (b)(3), (4).
Subsec. (c)(2), (3).
"(2) by a spouse and a dependent child, the surviving spouse shall receive an immediate annuity under subsection (d) of this section and each dependent child shall receive an immediate annuity equal to the smaller of—
"(A) $1,548; or
"(B) $4,644 divided by the number of dependent children; or
"(3) only by a dependent child, each dependent child shall receive an immediate annuity equal to the smaller of—
"(A) the annuity a surviving spouse would be entitled to receive under clause (2) of this subsection divided by the number of dependent children;
"(B) $1,860; or
"(C) $5,580 divided by the number of dependent children."
Subsec. (d)(1).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by
§775. Refunds
(a) A Comptroller General separated from office before becoming entitled to receive an annuity under
(b) A Comptroller General making an election under
(c) A lump-sum refund of the amounts deducted under
(1) a Comptroller General dies in office before completing 5 years of civilian service under
(2) if a retired Comptroller General dies without a survivor entitled to an annuity under section 774(b) and (c) of this title.
(d) If a Comptroller General or retired Comptroller General dies before a refund is made under this section, the refund shall be paid in the following order of precedence:
(1) to a beneficiary the Comptroller General or retired Comptroller General designated in writing if the designation was received by the Government Accountability Office before the death of the Comptroller General or retired Comptroller General.
(2) to a surviving spouse.
(3) to the children and to a descendant of a deceased child by representation.
(4) to the parents equally or, if only one surviving parent, to that survivor.
(5) to the executor or administrator of the estate of the Comptroller General or retired Comptroller General.
(6) to the next of kin that the General Counsel of the Government Accountability Office decides is entitled to the refund under the laws of the domicile of the Comptroller General or retired Comptroller General at the time of death.
(e) The General Counsel is not subject to section 771(1) and (2) of this title when making a decision about a surviving spouse or child under subsection (c) or (d) of this section.
(f) If the annuities of all individuals entitled to survivor annuities under this subchapter end before the amount of annuities paid equals the amount deducted under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 775(a) | 31:43(last par. 1st sentence). | June 10, 1921, ch. 18, |
| 775(b) | 31:43b(i). | June 10, 1921, ch. 18, |
| 775(c)–(e) | 31:43(last par. last sentence). | |
| 31:43b(j)(less last 13 words before colon). | ||
| 775(f) | 31:43b(k). |
In subsections (a) and (b), the word "total" is omitted as surplus.
In subsection (a), the word "pay" is substituted for "salary" for consistency in the revised title and with other titles of the United States Code. The words "by him" and "to his annuity" are omitted as surplus.
In subsection (b), the words "who has elected to bring himself within the purview of" are omitted as surplus. The word "annuity" is substituted for "retirement pay" for consistency in the revised title and with other titles of the Code.
In subsection (c), before clause (1), the words "A lump-sum refund of the amounts deducted under
In subsection (d), the words before clause (1) are included for clarity. In clauses (2)–(4) and (6), the words "of such Comptroller General or retired Comptroller General" are omitted as surplus. In clause (5), the words "duly appointed" are omitted as surplus.
In subsection (e), the words "of a Comptroller General or retired Comptroller General" are omitted as surplus. The words "is not subject to" are substituted for "shall be made . . . without regard to the definitions of these terms in" to eliminate unnecessary words.
In subsection (f), the word "individuals" is substituted for "persons" for consistency. The word "aggregate" is omitted as surplus. The words "under
Editorial Notes
Amendments
2004—Subsec. (d)(1), (6).
§776. Payment of survivor benefits
(a) An annuity under
(b)(1) A surviving spouse's annuity ends when the spouse remarries before age 55 or dies.
(2) A dependent child's annuity ends when the child becomes 18 years of age (unless the child is then a student as described in
(3) If a surviving spouse dies and a dependent child survives, the child's annuity is recomputed under
(4) When a dependent child's annuity ends, the annuity of another dependent child is recomputed as if the child whose annuity has ended did not survive a Comptroller General or retired Comptroller General.
(c) An accrued annuity unpaid when the annuity of a survivor ends—
(1) for a reason except death, shall be paid to the survivor; and
(2) when a survivor dies, shall be paid in the following order of precedence:
(A) to the executor or administrator of the estate of the individual.
(B) if there is no executor or administrator, then after 30 days after the date of death, to an individual the General Counsel of the Government Accountability Office decides is legally entitled to the payment.
(d)(1) A payment under subsection (c)(2)(B) of this section or
(2) A benefit under this section and
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 776(a) | 31:43b(m)(1st sentence). | June 10, 1921, ch. 18, |
| 776(b) | 31:43b(f). | |
| 776(c) | 31:43b(l)(words before last comma). | |
| 776(d)(1) | 31:43b(j)(last 13 words before colon). | |
| 31:43b(l)(words after last comma). | ||
| 776(d)(2) | 31:43b(m)(last sentence). |
In subsection (a), the words "due and" and "or other period" are omitted as surplus.
In subsection (b)(2), the word "dependent" is added for clarity.
In subsections (b)(3) and (c), the words "of a Comptroller General or retired Comptroller General" are omitted as surplus.
In subsection (b)(3) and (4), the words "and paid" are omitted as surplus.
In subsection (c)(2)(A), the words "duly appointed" are omitted as surplus. The word "individual" is substituted for "person" for consistency.
In subsection (c)(2)(B), the words "payment may be made" and "the expiration of . . . from" are omitted as surplus. The words "to the payment" are substituted for "thereto" for clarity.
In subsection (d)(2), the words "A benefit" are substituted for "None of the moneys mentioned" to eliminate unnecessary words. The words "either in law or equity" and "execution, levy, attachment, garnishment, or other" are omitted as surplus.
Editorial Notes
Amendments
2004—Subsec. (c)(2)(B).
1988—Subsec. (b)(1).
Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by
§777. Annuity increases
(a) An annuity payable under this subchapter shall be increased at the same time that, and by the same percent as the percentage by which, annuities are increased under
(b) An annuity under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 777(a) | 31:43c(a)(words before colon), (1). | June 10, 1921, ch. 18, |
| 777(b) | 31:43c(a)(2). | |
| 777(c) | 31:43c(a)(3), (b). |
In subsection (a), before clause (1), the text of 31:43c(a)(words before colon) is omitted as surplus.
In subsection (b), the words "in any year" and "commencing" are omitted as surplus.
In subsection (c)(1), the words "per centum" and "by the Comptroller General" are omitted as surplus. The words "Civil Service Commission" (subsequently changed to "Office of Personnel Management" because of section 101 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979,
In subsection (c)(2), the words "by reason of the application of subsection (a) of this section" and "annual" are omitted as surplus. The words "basic pay" are substituted for "compensation" for consistency with other titles of the United States Code.
Editorial Notes
Amendments
1988—
"(a) The Comptroller General shall compute—
"(1) on January 1 of each year, or within a reasonable time after January 1, the percent change in the Consumer Price Index between June and December of the prior year; and
"(2) on July 1 of each year, or within a reasonable time after July 1, the percent change in the Index between June of the same year and December of the prior year.
"(b) If a percent change computed under subsection (a)(1) of this section indicates a rise in the Index, an annuity payable under this subchapter and beginning before March 2 shall increase on March 1 by the percent change computed under subsection (a)(1), adjusted to the nearest .1 percent. If a percent change computed under subsection (a)(2) of this section indicates a rise in the Index, an annuity payable under this subchapter and beginning before September 2 shall increase on September 1 by the percent change computed under subsection (a)(2), adjusted to the nearest .1 percent.
"(c)(1) An increase under this section may not be more than an increase prescribed under
"(2) An annuity under
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by
§778. Dependency and disability decisions
The General Counsel of the Government Accountability Office shall decide a question of dependency, disability, or dependency and disability under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 778 | 31:43b(h). | June 10, 1921, ch. 18, |
The words "arising" and "and conclusive" are omitted as surplus.
Editorial Notes
Amendments
2004—
§779. Use of appropriations
Annuities and refunds under this subchapter shall be paid by the Comptroller General from appropriations of the Government Accountability Office.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 779 | 31:43(2d par. 3d sentence). | June 10, 1921, ch. 18, |
| 31:43b(r). | June 10, 1921, ch. 18, |
The words "of deposits" in 31:43b(r) are omitted as surplus.
Editorial Notes
Amendments
2004—
SUBCHAPTER VI—PROPERTY MANAGEMENT
§781. Authority over the General Accounting Office Building
(a) The Comptroller General shall have exclusive custody and control over the building located at 441 G Street, N.W., in the District of Columbia, that is generally known as the General Accounting Office Building,1 including operation, maintenance, protection, alteration, repair, and assignment of space therein. Such custody and control shall also extend to any machinery, equipment, spare parts and tools located in and usable for the operation and maintenance of the General Accounting Office Building.1 For the purposes of securing approval of any prospectus detailing proposed alterations of the General Accounting Office Building,1 as required by
(b) Upon request of the Comptroller General, the Administrator of General Services shall provide, to the extent resources are available, any necessary services for the protection of the property and persons in the General Accounting Office Building,1 including the provision of special police, responding to and investigating incidents, and the monitoring of the perimeter security system. Such services may be provided with or without reimbursement as the Comptroller General and the Administrator may agree.
(c)(1) The Comptroller General is authorized to enter into agreements or contracts to acquire property or services on such terms and conditions and in such a manner as he deems necessary and without regard to section 6101(b) to (d) of title 41; except that the Comptroller General may not acquire real property unless specifically authorized by law. In exercising the authority granted by this section, the Comptroller General shall obtain full and open competition in accordance with the principles and purposes of the Competition in Contracting Act of 1984.
(2) To the extent that funds are otherwise available for obligation, agreements or contracts for utility services may be made for periods not exceeding 10 years.
(3) The Comptroller General may make advance, progress, and other payments which relate to agreements or contracts entered into under authority of this section, without regard to the provisions of section 3324(a) and (b) of this title.
(Added
Editorial Notes
References in Text
The Competition in Contracting Act of 1984, referred to in subsec. (c)(1), is title VII of
Amendments
2011—Subsec. (c)(1).
2002—Subsec. (a).
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 of
Source of Funds Used for Payment of Salaries and Expenses of Tiny Findings Child Development Center
"(a)
"(b)
"(1) the lesser of—
"(A) the amount of the operating costs (including payroll, general, and administrative expenses) of the Center for such month; or
"(B) $162,500; and
"(2) the amount of tuition payments collected by the Center for such month."
[For definition of "coronavirus" as used in section 19009 of
1 See Change of Name note below.
§782. Leasing of space in the General Accounting Office Building
The Comptroller General is authorized to lease or otherwise provide space and services within the General Accounting Office Building 1 to persons, both public and private, or to any department, agency or instrumentality of the United States Government upon such terms and conditions as the Comptroller General deems necessary to protect the public interest. The Comptroller General shall establish a rental rate for such leased space equivalent to the prevailing commercial rate for comparable space devoted to a similar purpose in the vicinity of the General Accounting Office Building.1 Additionally, the Comptroller General may make available, on occasion, or may lease at such rates and on such other terms and conditions as the Comptroller General deems to be in the public interest, auditoriums, meeting rooms, and lobbies of the General Accounting Office Building 1 to persons, firms, or organizations engaged in cultural, educational, or recreational activities (as defined in
(Added
Editorial Notes
Amendments
2002—
1994—
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 of
Payments of Reimbursements Incident to Operation of General Accounting Office Building
1 See Change of Name note below.
§783. Rules and regulations
(a) The Comptroller General is authorized to make all needful rules and regulations for the Government of the General Accounting Office Building,1 and to annex to such rules and regulations such reasonable penalties, within the limits prescribed in subsection (b), as will ensure their enforcement. Such rules and regulations shall be posted and kept posted in a conspicuous place on such Federal property.
(b) Whoever shall violate any rule or regulation promulgated pursuant to subsection (a) shall be fined not more than $500 or imprisoned not more than 6 months, or both.
(Added
Statutory Notes and Related Subsidiaries
Change of Name
General Accounting Office redesignated Government Accountability Office. See section 8 of
1 See Change of Name note below.
SUBCHAPTER VII—CENTER FOR AUDIT EXCELLENCE
§791. Center for Audit Excellence
(a)
(b)
(1)
(2)
(c)
(1)
(2)
(d)
(e)
(Added
Statutory Notes and Related Subsidiaries
Approval of Business Plan
"(1) the Comptroller General submits a business plan for the Center to the Committees on Appropriations of the House of Representatives and Senate; and
"(2) each such Committee approves the plan."
§792. Account
(a)
(b)
(Added
§793. Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this subchapter.
(Added
CHAPTER 9 —AGENCY CHIEF FINANCIAL OFFICERS
§901. Establishment of agency Chief Financial Officers
(a) There shall be within each agency described in subsection (b) an agency Chief Financial Officer. Each agency Chief Financial Officer shall—
(1) for those agencies described in subsection (b)(1)—
(A) be appointed by the President, by and with the advice and consent of the Senate; or
(B) be designated by the President, in consultation with the head of the agency, from among officials of the agency who are required by law to be so appointed;
(2) for those agencies described in subsection (b)(2)—
(A) be appointed by the head of the agency;
(B) be in the competitive service or the senior executive service; and
(C) be career appointees; and
(3) be appointed or designated, as applicable, from among individuals who possess demonstrated ability in general management of, and knowledge of and extensive practical experience in financial management practices in large governmental or business entities.
(b)(1) The agencies referred to in subsection (a)(1) are the following:
(A) The Department of Agriculture.
(B) The Department of Commerce.
(C) The Department of Defense.
(D) The Department of Education.
(E) The Department of Energy.
(F) The Department of Health and Human Services.
(G) The Department of Homeland Security.
(H) The Department of Housing and Urban Development.
(I) The Department of the Interior.
(J) The Department of Justice.
(K) The Department of Labor.
(L) The Department of State.
(M) The Department of Transportation.
(N) The Department of the Treasury.
(O) The Department of Veterans Affairs.
(P) The Environmental Protection Agency.
(Q) The National Aeronautics and Space Administration.
(2) The agencies referred to in subsection (a)(2) are the following:
(A) The Agency for International Development.
(B) The General Services Administration.
(C) The National Science Foundation.
(D) The Nuclear Regulatory Commission.
(E) The Office of Personnel Management.
(F) The Small Business Administration.
(G) The Social Security Administration.
(c)(1) There shall be within the Executive Office of the President a Chief Financial Officer, who shall be designated or appointed by the President from among individuals meeting the standards described in subsection (a)(3). The position of Chief Financial Officer established under this paragraph may be so established in any Office (including the Office of Administration) of the Executive Office of the President.
(2) The Chief Financial Officer designated or appointed under this subsection shall, to the extent that the President determines appropriate and in the interest of the United States, have the same authority and perform the same functions as apply in the case of a Chief Financial Officer of an agency described in subsection (b).
(3) The President shall submit to Congress notification with respect to any provision of section 902 that the President determines shall not apply to a Chief Financial Officer designated or appointed under this subsection.
(4) The President may designate an employee of the Executive Office of the President (other than the Chief Financial Officer), who shall be deemed "the head of the agency" for purposes of carrying out section 902, with respect to the Executive Office of the President.
(Added
Editorial Notes
Amendments
2004—Subsec. (b)(1)(G) to (Q).
Subsec. (b)(2)(B) to (H).
1999—Subsec. (c).
1994—Subsec. (b)(2)(H).
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
Chief Financial Officer of Department of Homeland Security
"(b)
"(c)
Chief Financial Officer Within Executive Office of the President
"(b)
"(c)
"(d)
"(e)
"(2) The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of any office the functions, powers, or duties of which are transferred under paragraph (1) shall also be so transferred."
Chief Financial Officers of Department of Veterans Affairs and Department of Housing and Urban Development
Transfer of Functions and Personnel of Agency Chief Financial Officers
"(a)
"(b)
"(1) a description of all functions, powers, duties, personnel, property, or records which the agency Chief Financial Officer is proposed to have authority over, including those relating to functions that are not related to financial management activities; and
"(2) a detailed outline of the administrative structure of the office of the agency Chief Financial Officer, including a description of the responsibility and authority of financial management personnel and resources in agencies or other subdivisions as appropriate to that agency.
"(c)
"(d)
Chief Financial Officers Council
"(a)
"(1) the Deputy Director for Management of the Office of Management and Budget, who shall act as chairperson of the council;
"(2) the Controller of the Office of Federal Financial Management of the Office of Management and Budget;
"(3) the Fiscal Assistant Secretary of Treasury; and
"(4) each of the agency Chief Financial Officers appointed under
"(b)
§902. Authority and functions of agency Chief Financial Officers
(a) An agency Chief Financial Officer shall—
(1) report directly to the head of the agency regarding financial management matters;
(2) oversee all financial management activities relating to the programs and operations of the agency;
(3) develop and maintain an integrated agency accounting and financial management system, including financial reporting and internal controls, which—
(A) complies with applicable accounting principles, standards, and requirements, and internal control standards;
(B) complies with such policies and requirements as may be prescribed by the Director of the Office of Management and Budget;
(C) complies with any other requirements applicable to such systems; and
(D) provides for—
(i) complete, reliable, consistent, and timely information which is prepared on a uniform basis and which is responsive to the financial information needs of agency management;
(ii) the development and reporting of cost information;
(iii) the integration of accounting and budgeting information; and
(iv) the systematic measurement of performance;
(4) make recommendations to the head of the agency regarding the selection of the Deputy Chief Financial Officer of the agency;
(5) direct, manage, and provide policy guidance and oversight of agency financial management personnel, activities, and operations, including—
(A) the preparation and annual revision of an agency plan to—
(i) implement the 5-year financial management plan prepared by the Director of the Office of Management and Budget under
(ii) comply with the requirements established under sections 3515 and subsections (e) and (f) of
(B) the development of agency financial management budgets;
(C) the recruitment, selection, and training of personnel to carry out agency financial management functions;
(D) the approval and management of agency financial management systems design or enhancement projects;
(E) the implementation of agency asset management systems, including systems for cash management, credit management, debt collection, and property and inventory management and control;
(6) prepare and transmit, by not later than 60 days after the submission of the audit report required by
(A) a description and analysis of the status of financial management of the agency;
(B) the annual financial statements prepared under
(C) the audit report transmitted to the head of the agency under
(D) a summary of the reports on internal accounting and administrative control systems submitted to the President and the Congress under the amendments made by the Federal Managers' Financial Integrity Act of 1982 (
(E) other information the head of the agency considers appropriate to fully inform the President and the Congress concerning the financial management of the agency;
(7) monitor the financial execution of the budget of the agency in relation to actual expenditures, and prepare and submit to the head of the agency timely performance reports; and
(8) review, on a biennial basis, the fees, royalties, rents, and other charges imposed by the agency for services and things of value it provides, and make recommendations on revising those charges to reflect costs incurred by it in providing those services and things of value.
(b)(1) In addition to the authority otherwise provided by this section, each agency Chief Financial Officer—
(A) subject to paragraph (2), shall have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material which are the property of the agency or which are available to the agency, and which relate to programs and operations with respect to which that agency Chief Financial Officer has responsibilities under this section;
(B) may request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this section from any Federal, State, or local governmental entity; and
(C) to the extent and in such amounts as may be provided in advance by appropriations Acts, may—
(i) enter into contracts and other arrangements with public agencies and with private persons for the preparation of financial statements, studies, analyses, and other services; and
(ii) make such payments as may be necessary to carry out the provisions of this section.
(2) Except as provided in paragraph (1)(B), this subsection does not provide to an agency Chief Financial Officer any access greater than permitted under any other law to records, reports, audits, reviews, documents, papers, recommendations, or other material of any Office of Inspector General established under
(Added
Editorial Notes
References in Text
The Federal Managers' Financial Integrity Act of 1982, referred to in subsec. (a)(6)(D), is
Amendments
2022—Subsec. (b)(2).
§903. Establishment of agency Deputy Chief Financial Officers
(a) There shall be within each agency described in section 901(b) an agency Deputy Chief Financial Officer, who shall report directly to the agency Chief Financial Officer on financial management matters. The position of agency Deputy Chief Financial Officer shall be a career reserved position in the Senior Executive Service.
(b) Consistent with qualification standards developed by, and in consultation with, the agency Chief Financial Officer and the Director of the Office of Management and Budget, the head of each agency shall appoint as Deputy Chief Financial Officer an individual with demonstrated ability and experience in accounting, budget execution, financial and management analysis, and systems development, and not less than 6 years practical experience in financial management at large governmental entities.
(Added
Editorial Notes
References in Text
Senior Executive Service, referred to in subsec. (a), see