SUBCHAPTER I—GENERAL
§1301. Application
(a) Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.
(b) The reappropriation and diversion of the unexpended balance of an appropriation for a purpose other than that for which the appropriation originally was made shall be construed and accounted for as a new appropriation. The unexpended balance shall be reduced by the amount to be diverted.
(c) An appropriation in a regular, annual appropriation law may be construed to be permanent or available continuously only if the appropriation—
(1) is for rivers and harbors, lighthouses, public buildings, or the pay of the Navy and Marine Corps; or
(2) expressly provides that it is available after the fiscal year covered by the law in which it appears.
(d) A law may be construed to make an appropriation out of the Treasury or to authorize making a contract for the payment of money in excess of an appropriation only if the law specifically states that an appropriation is made or that such a contract may be made.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1301(a) | 31:628. | R.S. §3678. |
| 1301(b) | 31:717. | Mar. 4, 1915, ch. 147, §4, |
| 1301(c) | 31:718. | Aug. 24, 1912, ch. 355, §7, |
| 1301(d) | 31:627. | June 30, 1906, ch. 3914, §9, |
In subsection (a), the word "Appropriations" is substituted for "sums appropriated for the various branches of expenditure in the public service" to eliminate unnecessary words. The words "they are respectively" and "and for no others" are omitted as surplus. The words "except as otherwise provided by law" are substituted for "All" in section 3678 of the Revised Statutes to inform the reader that there are exceptions to the source provisions restated in the subsection.
In subsection (c), before clause (1), the words "specific or indefinite" are omitted as surplus. The words "made subsequent to August 24, 1912" are omitted as executed. The words "without reference to a fiscal year" are omitted as surplus. In clause (1), the words "is for" are substituted for "belongs to one of the following four classes" to eliminate unnecessary words. The words "last specifically named in and excepted from the operation of the provisions of
In subsection (d), the words "passed after June 30, 1906" are omitted as executed.
Statutory Notes and Related Subsidiaries
Short Title of 2019 Amendment
Short Title of 2018 Amendment
Short Title of 1984 Amendment
Transfers From Appropriation Accounts; Salaries of Temporarily Reassigned Employees
"(1) no amount may be transferred from an appropriation account for the Departments of Labor, Health and Human Services, and Education except as authorized in this or any subsequent appropriation Act, or in the Act establishing the program or activity for which funds are contained in this Act [see Tables for classification];
"(2) no department, agency, or other entity, other than the one responsible for administering the program or activity for which an appropriation is made in this Act, may exercise authority for the timing of the obligation and expenditure of such appropriation, or for the purpose for which it is obligated and expended, except to the extent and in the manner otherwise provided in
"(3) no funds provided under this Act or subsequent Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Acts shall be available for the salary (or any part thereof) of an employee who is reassigned on a temporary detail basis to another position in the employing agency or department or in any other agency or department, unless the detail is independently approved by the head of the employing department or agency."
Similar provisions were contained in the following prior appropriation acts:
Executive Documents
Ex. Ord. No. 13457. Protecting American Taxpayers From Government Spending on Wasteful Earmarks
Ex. Ord. No. 13457, Jan. 29, 2008, 73 F.R. 6417, 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:
(i) agency decisions to commit, obligate, or expend funds for any earmark are based on the text of laws, and in particular, are not based on language in any report of a committee of Congress, joint explanatory statement of a committee of conference of the Congress, statement of managers concerning a bill in the Congress, or any other non-statutory statement or indication of views of the Congress, or a House, committee, Member, officer, or staff thereof;
(ii) agency decisions to commit, obligate, or expend funds for any earmark are based on authorized, transparent, statutory criteria and merit-based decision making, in the manner set forth in section II of OMB Memorandum M–07–10, dated February 15, 2007, to the extent consistent with applicable law; and
(iii) no oral or written communications concerning earmarks shall supersede statutory criteria, competitive awards, or merit-based decisionmaking.
(b) An agency shall not consider the views of a House, committee, Member, officer, or staff of the Congress with respect to commitments, obligations, or expenditures to carry out any earmark unless such views are in writing, to facilitate consideration in accordance with section 2(a)(ii) above. All written communications from the Congress, or a House, committee, Member, officer, or staff thereof, recommending that funds be committed, obligated, or expended on any earmark shall be made publicly available on the Internet by the receiving agency, not later than 30 days after receipt of such communication, unless otherwise specifically directed by the head of the agency, without delegation, after consultation with the Director of the Office of Management and Budget, to preserve appropriate confidentiality between the executive and legislative branches.
(c) Heads of agencies shall otherwise implement within their respective agencies the policy set forth in section 1 of this order, consistent with such instructions as the Director of the Office of Management and Budget may prescribe.
(d) The head of each agency shall upon request provide to the Director of the Office of Management and Budget information about earmarks and compliance with this order.
(a) The term "agency" means an executive agency as defined in
(b) the term "earmark" means funds provided by the Congress for projects, programs, or grants where the purported congressional direction (whether in statutory text, report language, or other communication) circumvents otherwise applicable merit-based or competitive allocation processes, or specifies the location or recipient, or otherwise curtails the ability of the executive branch to manage its statutory and constitutional responsibilities pertaining to the funds allocation process.
(i) authority granted by law to an agency or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented in a manner 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 agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
George W. Bush.
§1302. Determining amounts appropriated
Except as specifically provided by law, the total amount appropriated in an appropriation law is determined by adding up the specific amounts or rates appropriated in each paragraph of the law.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1302 | 31:670. | May 28, 1896, ch. 252, §1(par. immediately before heading "Treasury Department"), |
The words "by adding up" are substituted for "by the correct footing up" for clarity.
§1303. Effect of changes in titles of appropriations
Expenditures for a particular object or purpose authorized by a law (and referred to in that law by the specific title previously used for the appropriation item in the appropriation law concerned) may be made from a corresponding appropriation item when the specific title is changed or eliminated from a later appropriation law.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1303 | 31:581(note). | Sept. 12, 1950, ch. 946, §302(b), |
§1304. Judgments, awards, and compromise settlements
(a) Necessary amounts are appropriated to pay final judgments, awards, compromise settlements, and interest and costs specified in the judgments or otherwise authorized by law when—
(1) payment is not otherwise provided for;
(2) payment is certified by the Secretary of the Treasury; and
(3) the judgment, award, or settlement is payable—
(A) under
(B) under
(C) under a decision of a board of contract appeals; or
(D) in excess of an amount payable from the appropriations of an agency for a meritorious claim under
(b)(1) Interest may be paid from the appropriation made by this section—
(A) on a judgment of a district court, only when the judgment becomes final after review on appeal or petition by the United States Government, and then only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before the date of the mandate of affirmance; or
(B) on a judgment of the Court of Appeals for the Federal Circuit or the United States Court of Federal Claims under
(2) Interest payable under this subsection in a proceeding reviewed by the Supreme Court is not allowed after the end of the term in which the judgment is affirmed.
(c)(1) A judgment or compromise settlement against the Government shall be paid under this section and sections 2414, 2517, and 2518 1 of title 28 when the judgment or settlement arises out of an express or implied contract made by—
(A) the Army and Air Force Exchange Service;
(B) the Navy Exchanges;
(C) the Marine Corps Exchanges;
(D) the Coast Guard Exchanges; or
(E) the Exchange Councils of the National Aeronautics and Space Administration.
(2) The Exchange making the contract shall reimburse the Government for the amount paid by the Government.
(d) Beginning not later than the date that is 60 days after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and unless the disclosure of such information is otherwise prohibited by law or a court order, the Secretary of the Treasury shall make available to the public on a website, as soon as practicable, but not later than 30 days after the date on which a payment under this section is tendered, the following information with regard to that payment:
(1) The name of the specific agency or entity whose actions gave rise to the claim or judgment.
(2) The name of the plaintiff or claimant.
(3) The name of counsel for the plaintiff or claimant.
(4) The amount paid representing principal liability, and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest.
(5) A brief description of the facts that gave rise to the claim.
(6) The name of the agency that submitted the claim.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1304(a) | 31:724a(1st sentence words before 1st proviso). | July 27, 1956, ch. 748, §1302(1st sentence), |
| 1304(b) | 28:2516(b)(less 1st sentence words after last comma). | |
| 31:724a(1st sentence 1st, 2d provisos). | ||
| 1304(c) | 31:724a(1st sentence last proviso) |
In subsection (a), before clause (1), the words "out of any money in the Treasury not otherwise appropriated" are omitted as surplus. The words "awards rendered by the Indian Claims Commission" are omitted as executed because under 25:70v the Commission was dissolved and all of its outstanding cases were transferred to the Court of Claims. Under 25:70v–3, judgments on cases transferred to the Court of Claims are judgments under 28:2517 and 2518 and are therefore included under clause (3)(A) of the subsection.
In subsection (b), the text of 28:2516(b)(less 1st sentence words after last comma) is omitted as superseded by 31:724a.
In subsection (b)(1)(A), the words "through the day before the date" are substituted for "to the date" as being more precise.
Editorial Notes
References in Text
The date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, referred to in subsec. (d), is the date of enactment of
Amendments
2019—Subsec. (a)(3)(D).
Subsec. (d).
2010—Subsec. (a)(3)(D).
1996—Subsecs. (a)(2), (b)(1)(A), (B).
1992—Subsec. (b)(1)(B).
1982—Subsec. (b)(1)(A).
Subsec. (b)(1)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
1 See References in Text note below.
§1305. Miscellaneous permanent appropriations
Necessary amounts are appropriated for the following:
(1) to pay the proceeds of the personal estate of a United States citizen dying abroad to the legal representative of the deceased on proper demand and proof.
(2) to pay interest on the public debt under laws authorizing payment.
(3) to pay proceeds from derelict and salvage cases adjudged by the courts of the United States to salvors.
(4) to make payments required under contracts made under section 108 of the Housing and Community Development Act of 1974 (
(5) to make payments required under contracts made under section 103(b) of the Housing Act of 1949 (
(6) to pay the interest on the fund derived from the bequest of James Smithson, for the construction of buildings and expenses of the Smithsonian Institution, at the rates determined under section 5590 of the Revised Statutes (
annual contributions for assisted housing
(7) to make payments required under contracts made under section 5 of the United States Housing Act of 1937, as amended (
college housing grants
(8) to make payments required under contracts made under title IV of the Housing Act of 1950, as amended (
rent supplement program
(9) to make payments required under contracts under section 101 of the Housing and Urban Development Act of 1965, as amended (
homeownership and rental housing assistance
(10) to make payments required under contracts under sections 235 and 236, respectively, of the National Housing Act, as amended (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1305 | 31:711(1)–(3), (11a)–(23). | R.S. §3689(less last 3 pars. on p. 725 related to redemption of stamps, debentures and other charges, and debentures and drawbacks, 2d par. on p. 726 related to repayment of excess of deposits, 3d–7th pars. on p. 726 related to refunding duties on goods destroyed, marine hospital establishment, refunding duties, refunding proceeds of goods seized and sold, and refunding proceeds of unclaimed merchandise); June 20, 1874, ch. 328, §4(less words between 1st and 2d semicolons), |
In the section, the words "out of any moneys in the Treasury not otherwise appropriated" and "and such appropriations shall be deemed permanent annual appropriations" are omitted as surplus.
In clause (2), the text of section 4(words after 2d semicolon) of the Act of June 20, 1874 (ch. 328,
The text of 31:711(3) is omitted as superseded by the source provisions restated in section 1322 of the revised title.
The text of 31:711(11a) is omitted because the Environmental Financing Authority expired on June 30, 1975.
The text of 31:711(12) is omitted as superseded by 31:725s(a)(1st proviso) and 31:725s(a)(59).
The text of 31:711(13) is omitted as obsolete because provisions relating to horses and property lost in military service were repealed by section 1 of the Act of December 16, 1930 (ch. 14,
The text of 31:711(14) is omitted as superseded by 31:240–243.
The text of 31:711(16) is omitted as obsolete because of the repeal of the permanent appropriation for surveying within land grants (reimbursable) by 31:725(a) and (b)(13).
The text of 31:711(17) is omitted as superseded by the repeal of the appropriation account "Five Percent Funds to States" by 31:725c(a) and (b)(34).
The text of 31:711(18) is omitted as superseded by 31:725b(a) and (b)(8).
The text of 31:711(19) is omitted as superseded by 31:725q(a) and (b)(14).
The text of 31:711(20) is omitted as superseded by section 1(1st par. on p. 447) of the Act of March 3, 1875 (ch. 132,
1983 Act
This amends 31:1305(6) to conform to the Smithsonian Institution charter as amended by section 1 of the Act of June 22, 1982 (
References in Text
Section 103(b) of the Housing Act of 1949 (
The Housing Act of 1950, referred to in par. (8), is act Apr. 20, 1950, ch. 94,
Section 101 of the Housing and Urban Development Act of 1965, referred to in par. (9), is section 101 of
Editorial Notes
Amendments
1984—Pars. (7) to (10).
1983—Par. (6).
§1306. Use of foreign credits
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1306 | 31:724. | July 15, 1952, ch. 758, §1415, |
The words "are not available for expenditure by agencies except as provided annually in general appropriation laws" are substituted for "will not be available for expenditure by agencies of the United States after June 30, 1953, except as may be provided for annually in appropriation Acts" because of section 101 of the revised title.
Editorial Notes
Amendments
1996—
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Appropriations of Excess Currencies
Similar provisions were contained in the following prior appropriations acts:
§1307. Public building construction
Amounts appropriated to construct public buildings remain available until completion of the work. When a building is completed and outstanding liabilities for the construction are paid, balances remaining shall revert immediately to the Treasury.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1307 | 31:682. | June 23, 1874, ch. 476, §1, |
The words before the proviso in the Act of June 23, 1874 (ch. 476,
§1308. Telephone and metered services
Charges for telephone and metered services (such as gas, electricity, water, and steam) for a time period beginning in one fiscal year or allotment period and ending in another fiscal year or allotment period may be charged against the appropriation or allotment current at the end of the time period covered by the service.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1308 | 31:668a. | Apr. 27, 1937, ch. 143, |
The words "On and after April 27, 1937" are omitted as executed. The words "Charges for telephone and metered services" are substituted for "in making payments for commodities or services the quantity of which is determined by metered readings . . . and for telephone services" to eliminate unnecessary words. The words "another fiscal year or allotment period" are substituted for "another", and the words "time period covered by the service" are substituted for "such period", for clarity.
§1309. Social security tax
Amounts made available for the compensation of officers and employees of the United States Government may be used to pay taxes imposed on an agency as an employer under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1309 | 31:699a. | July 15, 1952, ch. 758, §1410, |
The word "Amounts" is substituted for "Appropriations and funds" to eliminate unnecessary words. The words "salaries, wages, or" are omitted as being included in "compensation".
Editorial Notes
Amendments
1986—
§1310. Appropriations for private organizations
(a) The Secretary of the Treasury shall credit an appropriation for a private organization to the appropriate fiscal official of the organization. The credit shall be carried on the accounts of—
(1) the Treasury; or
(2) a designated depositary of the United States Government (except a national bank).
(b) The fiscal official may pay an amount out of the appropriation only on a check of the fiscal official—
(1) payable to the order of the person to whom payment is to be made; and
(2) that states the specific purpose for which the amount is to be applied.
(c)(1) The fiscal official may pay an amount of less than $20 out of the appropriation on a check—
(A) payable to the order of the fiscal official; and
(B) that states the amount is to be applied to small claims.
(2) The fiscal official shall provide the Secretary or the designated depositary on which the check is drawn with a certified list of the claims. The list shall state the kind and amount of each claim and the name of each claimant.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1310(a) | 31:721(words before 14th comma). | June 23, 1874, ch. 455, §1(par. immediately before heading "Smithsonian Institution"), |
| 1310(b) | 31:721(words between 14th comma and proviso). | |
| 1310(c) | 31:721(proviso). |
In subsection (a), before clause (1), the words "by warrant" are omitted as unnecessary because of
In subsection (b), before clause (1), the words "The fiscal official may pay an amount out of the appropriation" are substituted for "shall be paid out" for clarity. In clause (1), the words "for services, materials, or any other purpose" are omitted as unnecessary. In clause (2), the words "in writing" are omitted as surplus. The word "purpose" is substituted for "object or purpose" to eliminate unnecessary words.
In subsections (b)(2) and (c), the word "amount" is substituted for "the avails thereof" for clarity.
In subsection (c)(1), before clause (A), the words "an amount of less than $20 out of the appropriation" are substituted for "payments are to be made under $20" for clarity. In clause (B), the words "in writing on the check" are omitted as unnecessary.
In subsection (c)(2), the word "Secretary" is substituted for "Treasurer" because of the source provisions restated in section 321(c) of the revised title.