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Budget Control Act of 2011.txt

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+public law 11225aug 2 2011 (document certified by superintendent of documents pkisupportgpogov) signed by superintendent of documents pkisupportgpogov time: 20120320 21:09:00 z reason: gpo attests that this document has not been altered since it was disseminated by gpo location: us gpo washington dc 20401 budget control act of 2011 125 stat 240 public law 11225aug 2 2011 aug 2 2011 s 365 budget control act of 2011 2 usc 900 note 2 usc 900 note public law 11225 112th congress an act to provide for budget control be it enacted by the senate and house of representatives of the united states of america in congress assembled section 1 short title; table of contents (a) short titlethis act may be cited as the budget control act of 2011 (b) table of contentsthe table of contents for this act is as follows: sec 1 short title; table of contents sec 2 severability title itenyear discretionary caps with sequester sec 101 enforcing discretionary spending limits sec 102 definitions sec 103 reports and orders sec 104 expiration sec 105 amendments to the congressional budget and impoundment control act of 1974 sec 106 senate budget enforcement title iivote on the balanced budget amendment sec 201 vote on the balanced budget amendment sec 202 consideration by the other house title iiidebt ceiling disapproval process sec 301 debt ceiling disapproval process sec 302 enforcement of budget goal title ivjoint select committee on deficit reduction sec 401 establishment of joint select committee sec 402 expedited consideration of joint committee recommendations sec 403 funding sec 404 rulemaking title vpell grant and student loan program changes sec 501 federal pell grants sec 502 termination of authority to make interest subsidized loans to graduate and professional students sec 503 termination of direct loan repayment incentives sec 504 inapplicability of title iv negotiated rulemaking and master calendar ex ception sec 2 severability if any provision of this act or any application of such provision to any person or circumstance is held to be unconstitutional the remainder of this act and the application of this act to any other person or circumstance shall not be affected public law 11225aug 2 2011 125 stat 241 title itenyear discretionary caps with sequester sec 101 enforcing discretionary spending limits section 251 of the balanced budget and emergency deficit control act of 1985 is amended to read as follows: sec 251 enforcing discretionary spending limits (a) enforcement (1) sequestrationwithin 15 calendar days after congress adjourns to end a session there shall be a sequestration to eliminate a budgetyear breach if any within any category (2) eliminating a breacheach nonexempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to eliminate a breach within that category (3) military personnelif the president uses the authority to exempt any personnel account from sequestration under section 255(f) each account within subfunctional category 051 (other than those military personnel accounts for which the authority provided under section 255(f) has been exercised) shall be further reduced by a dollar amount calculated by multiplying the enacted level of nonexempt budgetary resources in that account at that time by the uniform percentage necessary to offset the total dollar amount by which outlays are not reduced in military personnel accounts by reason of the use of such authority (4) partyear appropriationsif on the date specified in paragraph (1) there is in effect an act making or continuing appropriations for part of a fiscal year for any budget account then the dollar sequestration calculated for that account under paragraphs (2) and (3) shall be subtracted from (a) the annualized amount otherwise available by law in that account under that or a subsequent partyear appropriation; and (b) when a fullyear appropriation for that account is enacted from the amount otherwise provided by the fullyear appropriation for that account (5) lookbackif after june 30 an appropriation for the fiscal year in progress is enacted that causes a breach within a category for that year (after taking into account any sequestration of amounts within that category) the discretionary spending limits for that category for the next fiscal year shall be reduced by the amount or amounts of that breach (6) withinsession sequestrationif an appropriation for a fiscal year in progress is enacted (after congress adjourns to end the session for that budget year and before july 1 of that fiscal year) that causes a breach within a category for that year (after taking into account any prior sequestration of amounts within that category) 15 days later there shall be a sequestration to eliminate that breach within that category following the procedures set forth in paragraphs (2) through (4) (7) estimates 2 usc 901 deadline deadline 125 stat 242 deadline reports consultation public law 11225aug 2 2011 (a) cbo estimatesas soon as practicable after congress completes action on any discretionary appropriation cbo after consultation with the committees on the budget of the house of representatives and the senate shall provide omb with an estimate of the amount of discretionary new budget authority and outlays for the current year if any and the budget year provided by that legislation (b) omb estimates and explanation of dif ferencesnot later than 7 calendar days (excluding saturdays sundays and legal holidays) after the date of enactment of any discretionary appropriation omb shall transmit a report to the house of representatives and to the senate containing the cbo estimate of that legislation an omb estimate of the amount of discretionary new budget authority and outlays for the current year if any and the budget year provided by that legislation and an explanation of any difference between the 2 estimates if during the preparation of the report omb determines that there is a significant difference between omb and cbo omb shall consult with the committees on the budget of the house of representatives and the senate regarding that difference and that consultation shall include to the extent practicable written communication to those committees that affords such committees the opportunity to comment before the issuance of the report (c) assumptions and guidelinesomb estimates under this paragraph shall be made using current economic and technical assumptions omb shall use the omb estimates transmitted to the congress under this paragraph omb and cbo shall prepare estimates under this paragraph in conformance with scorekeeping guidelines determined after consultation among the committees on the budget of the house of representatives and the senate cbo and omb (d) annual appropriationsfor purposes of this paragraph amounts provided by annual appropriations shall include any discretionary appropriations for the current year if any and the budget year in accounts for which funding is provided in that legislation that result from previously enacted legislation (b) adjustments to discretionary spending limits (1) concepts and definitionswhen the president sub mits the budget under section 1105 of title 31 united states code omb shall calculate and the budget shall include adjust ments to discretionary spending limits (and those limits as cumulatively adjusted) for the budget year and each outyear to reflect changes in concepts and definitions such changes shall equal the baseline levels of new budget authority and outlays using uptodate concepts and definitions minus those levels using the concepts and definitions in effect before such changes such changes may only be made after consultation with the committees on appropriations and the budget of the house of representatives and the senate and that consulta tion shall include written communication to such committees that affords such committees the opportunity to comment before official action is taken with respect to such changes public law 11225aug 2 2011 125 stat 243 (2) sequestration reportswhen omb submits a sequestration report under section 254(e) (f) or (g) for a fiscal year omb shall calculate and the sequestration report and subsequent budgets submitted by the president under section 1105(a) of title 31 united states code shall include adjustments to discretionary spending limits (and those limits as adjusted) for the fiscal year and each succeeding year as follows: (a) emergency appropriations; overseas contingency operationsglobal war on terrorismif for any fiscal year appropriations for discretionary accounts are enacted that (i) the congress designates as emergency requirements in statute on an account by account basis and the president subsequently so designates or (ii) the congress designates for overseas contingency operationsglobal war on terrorism in statute on an account by account basis and the president subsequently so designates the adjustment shall be the total of such appropriations in discretionary accounts designated as emergency requirements or for overseas contingency operationsglobal war on terrorism as applicable (b) continuing disability reviews and redeterminations( i) if a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for continuing disability reviews under titles ii and xvi of the social security act and for the cost associated with conducting redeterminations of eligibility under title xvi of the social security act then the adjustments for that fiscal year shall be the additional new budget authority provided in that act for such expenses for that fiscal year but shall not exceed (i) for fiscal year 2012 $623000000 in additional new budget authority; (ii) for fiscal year 2013 $751000000 in additional new budget authority; (iii) for fiscal year 2014 $924000000 in additional new budget authority; (iv) for fiscal year 2015 $1123000000 in additional new budget authority; (v) for fiscal year 2016 $1166000000 in additional new budget authority; (vi) for fiscal year 2017 $1309000000 in additional new budget authority; (vii) for fiscal year 2018 $1309000000 in additional new budget authority; (viii) for fiscal year 2019 $1309000000 in additional new budget authority; (ix) for fiscal year 2020 $1309000000 in additional new budget authority; and (x) for fiscal year 2021 $1309000000 in additional new budget authority (ii) as used in this subparagraph (i) the term continuing disability reviews means continuing disability reviews under sections 221(i) and 1614(a)(4) of the social security act; definitions 125 stat 244 definition public law 11225aug 2 2011 (ii) the term redetermination means redetermination of eligibility under sections 1611(c)(1) and 1614(a)(3)(h) of the social security act; and (iii) the term additional new budget authority means the amount provided for a fiscal year in excess of $273000000 in an appropriation act and specified to pay for the costs of continuing disability reviews and redeterminations under the heading limitation on administrative expenses for the social security administration (c) health care fraud and abuse control(i) if a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for the health care fraud abuse control program at the department of health and human services (75839307571) then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that act for such program for that fiscal year but shall not exceed (i) for fiscal year 2012 $270000000 in additional new budget authority; (ii) for fiscal year 2013 $299000000 in additional new budget authority; (iii) for fiscal year 2014 $329000000 in additional new budget authority; (iv) for fiscal year 2015 $361000000 in additional new budget authority; (v) for fiscal year 2016 $395000000 in additional new budget authority; (vi) for fiscal year 2017 $414000000 in additional new budget authority; (vii) for fiscal year 2018 $434000000 in additional new budget authority; (viii) for fiscal year 2019 $454000000 in additional new budget authority; (ix) for fiscal year 2020 $475000000 in additional new budget authority; and (x) for fiscal year 2021 $496000000 in additional new budget authority (ii) as used in this subparagraph the term additional new budget authority means the amount provided for a fiscal year in excess of $311000000 in an appropriation act and specified to pay for the costs of the health care fraud and abuse control program (d) disaster funding (i) if for fiscal years 2012 through 2021 appropriations for discretionary accounts are enacted that congress designates as being for disaster relief in statute the adjustment for a fiscal year shall be the total of such appropriations for the fiscal year in discretionary accounts designated as being for disaster relief but not to exceed the total of (i) the average funding provided for disaster relief over the previous 10 years excluding the highest and lowest years; and (ii) the amount for years when the enacted new discretionary budget authority designated as being for disaster relief for the preceding fiscal public law 11225aug 2 2011 125 stat 245 year was less than the average as calculated in subclause (i) for that fiscal year that is the difference between the enacted amount and the allowable adjustment as calculated in such subclause for that fiscal year (ii) omb shall report to the committees on appro priations and budget in each house the average calculated pursuant to clause (i)(ii) not later than 30 days after the date of the enactment of the budget control act of 2011 (iii) for the purposes of this subparagraph the term disaster relief means activities carried out pursuant to a determination under section 102(2) of the robert t stafford disaster relief and emergency assistance act (42 usc 5122(2)) (iv) appropriations considered disaster relief under this subparagraph in a fiscal year shall not be eligible for adjustments under subparagraph (a) for the fiscal year (c) discretionary spending limitas used in this part the term discretionary spending limit means (1) with respect to fiscal year 2012 (a) for the security category $684000000000 in new budget authority; and (b) for the nonsecurity category $359000000000 in new budget authority; (2) with respect to fiscal year 2013 (a) for the security category $686000000000 in new budget authority; and (b) for the nonsecurity category $361000000000 in new budget authority; (3) with respect to fiscal year 2014 for the discretionary category $1066000000000 in new budget authority; (4) with respect to fiscal year 2015 for the discretionary category $1086000000000 in new budget authority; (5) with respect to fiscal year 2016 for the discretionary category $1107000000000 in new budget authority; (6) with respect to fiscal year 2017 for the discretionary category $1131000000000 in new budget authority; (7) with respect to fiscal year 2018 for the discretionary category $1156000000000 in new budget authority; (8) with respect to fiscal year 2019 for the discretionary category $1182000000000 in new budget authority; (9) with respect to fiscal year 2020 for the discretionary category $1208000000000 in new budget authority; and (10) with respect to fiscal year 2021 for the discretionary category $1234000000000 in new budget authority; as adjusted in strict conformance with subsection (b) sec 102 definitions section 250(c) of the balanced budget and emergency deficit control act of 1985 is amended as follows: (1) strike paragraph (4) and insert the following new paragraph: (4)(a) the term nonsecurity category means all discretionary appropriations not included in the security category defined in subparagraph (b) definition definition 2 usc 900 125 stat 246 public law 11225aug 2 2011 (b) the term security category includes discretionary appropriations associated with agency budgets for the department of defense the department of homeland security the department of veterans affairs the national nuclear security administration the intelligence community management account (95040101054) and all budget accounts in budget function 150 (international affairs) (c) the term discretionary category includes all discretionary appropriations (2) in paragraph (8)(c) strike the food stamp program and insert the supplemental nutrition assistance program (3) strike paragraph (14) and insert the following new paragraph: (14) the term outyear means a fiscal year one or more years after the budget year (4) at the end add the following new paragraphs: (20) the term emergency means a situation that (a) requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of or response to loss of life or property or a threat to national security; and (b) is unanticipated (21) the term unanticipated means that the underlying situation is (a) sudden which means quickly coming into being or not building up over time; (b) urgent which means a pressing and compelling need requiring immediate action; (c) unforeseen which means not predicted or anticipated as an emerging need; and (d) temporary which means not of a permanent duration sec 103 reports and orders section 254 of the balanced budget and emergency deficit 2 usc 904 control act of 1985 is amended as follows: (1) in subsection (c)(2) strike 2002 and insert 2021 (2) at the end of subsection (e) insert this report shall also contain a preview estimate of the adjustment for disaster funding for the upcoming fiscal year (3) in subsection (f)(2)(a) strike 2002 and insert 2021; before the concluding period insert including a final estimate of the adjustment for disaster funding sec 104 expiration (a) repealersection 275 of the balanced budget and emer2 usc 900 note gency deficit control act of 1985 is repealed 2 usc 902 note (b) conforming changesections 252(d)(1) 254(c) 254(f)(3) and 254(i) of the balanced budget and emergency deficit control act of 1985 shall not apply to the congressional budget office sec 105 amendments to the congressional budget and impoundment control act of 1974 (a) adjustmentssection 314 of the congressional budget 2 usc 645 act of 1974 is amended as follows: (1) strike subsection (a) and insert the following: (a) adjustmentsafter the reporting of a bill or joint resolution or the offering of an amendment thereto or the submission public law 11225aug 2 2011 125 stat 247 of a conference report thereon the chairman of the committee on the budget of the house of representatives or the senate may make appropriate budgetary adjustments of new budget authority and the outlays flowing therefrom in the same amount as required by section 251(b) of the balanced budget and emergency deficit control act of 1985 (2) strike subsections (b) and (e) and redesignate subsections (c) and (d) as subsections (b) and (c) respectively (3) at the end add the following new subsections: (d) emergencies in the house of representatives (1) in the house of representatives if a reported bill or joint resolution or amendment thereto or conference report thereon contains a provision providing new budget authority and outlays or reducing revenue and a designation of such provision as an emergency requirement pursuant to 251(b)(2)(a) of the balanced budget and emergency deficit control act of 1985 the chair of the committee on the budget of the house of representatives shall not count the budgetary effects of such provision for purposes of title iii and title iv of the congressional budget act of 1974 and the rules of the house of representatives (2)(a) in the house of representatives if a reported bill or joint resolution or amendment thereto or conference report thereon contains a provision providing new budget authority and outlays or reducing revenue and a designation of such provision as an emergency pursuant to paragraph (1) the chair of the committee on the budget shall not count the budgetary effects of such provision for purposes of this title and title iv and the rules of the house of representatives (b) in the house of representatives a proposal to strike a designation under subparagraph (a) shall be excluded from an evaluation of budgetary effects for purposes of this title and title iv and the rules of the house of representatives (c) an amendment offered under subparagraph (b) that also proposes to reduce each amount appropriated or otherwise made available by the pending measure that is not required to be appropriated or otherwise made available shall be in order at any point in the reading of the pending measure (e) enforcement of discretionary spending capsit shall not be in order in the house of representatives or the senate to consider any bill joint resolution amendment motion or conference report that would cause the discretionary spending limits as set forth in section 251 of the balanced budget and emergency deficit control act to be exceeded (b) definitionssection 3 of the congressional budget and impoundment control act of 1974 is amended by adding at the end the following new paragraph: (11) the terms emergency and unanticipated have the meanings given to such terms in section 250(c) of the balanced budget and emergency deficit control act of 1985 (c) appeals for discretionary capssection 904(c)(2) of the congressional budget act of 1974 is amended by striking and 312(c) and inserting 312(c) and 314(e) sec 106 senate budget enforcement (a) in general (1) for the purpose of enforcing the congressional budget act of 1974 through april 15 2012 including section 300 of 2 usc 622 2 usc 621 note 2 usc 631 note applicability 125 stat 248 public law 11225aug 2 2011 that act and enforcing budgetary points of order in prior concurrent resolutions on the budget the allocations aggregates and levels set in subsection (b)(1) shall apply in the senate in the same manner as for a concurrent resolution on the budget for fiscal year 2012 with appropriate budgetary levels for fiscal years 2011 and 2013 through 2021 (2) for the purpose of enforcing the congressional budget act of 1974 after april 15 2012 including section 300 of that act and enforcing budgetary points of order in prior concurrent resolutions on the budget the allocations aggregates and levels set in subsection (b)(2) shall apply in the senate in the same manner as for a concurrent resolution on the budget for fiscal year 2013 with appropriate budgetary levels for fiscal years 2012 and 2014 through 2022 (b) committee allocations aggregates and levels (1) as soon as practicable after the date of enactment of this section the chairman of the committee on the budget shall file (a) for the committee on appropriations committee allocations for fiscal years 2011 and 2012 consistent with the discretionary spending limits set forth in this act for the purpose of enforcing section 302 of the congressional budget act of 1974; (b) for all committees other than the committee on appropriations committee allocations for fiscal years 2011 2012 2012 through 2016 and 2012 through 2021 consistent with the congressional budget offices march 2011 baseline adjusted to account for the budgetary effects of this act and legislation enacted prior to this act but not included in the congressional budget offices march 2011 baseline for the purpose of enforcing section 302 of the congressional budget act of 1974; (c) aggregate spending levels for fiscal years 2011 and 2012 and aggregate revenue levels for fiscal years 2011 2012 2012 through 2016 2012 through 2021 consistent with the congressional budget offices march 2011 baseline adjusted to account for the budgetary effects of this act and legislation enacted prior to this act but not included in the congressional budget offices march 2011 baseline and the discretionary spending limits set forth in this act for the purpose of enforcing section 311 of the congressional budget act of 1974; and (d) levels of social security revenues and outlays for fiscal years 2011 2012 2012 through 2016 and 2012 through 2021 consistent with the congressional budget offices march 2011 baseline adjusted to account for the budgetary effects of this act and legislation enacted prior to this act but not included in the congressional budget offices march 2011 baseline for the purpose of enforcing sections 302 and 311 of the congressional budget act of 1974 deadline (2) not later than april 15 2012 the chairman of the committee on the budget shall file (a) for the committee on appropriations committee allocations for fiscal years 2012 and 2013 consistent with the discretionary spending limits set forth in this act for public law 11225aug 2 2011 125 stat 249 the purpose of enforcing section 302 of the congressional budget act of 1974; (b) for all committees other than the committee on appropriations committee allocations for fiscal years 2012 2013 2013 through 2017 and 2013 through 2022 consistent with the congressional budget offices march 2012 baseline for the purpose of enforcing section 302 of the congressional budget act of 1974; (c) aggregate spending levels for fiscal years 2012 and 2013 and aggregate revenue levels for fiscal years 2012 2013 20132017 and 20132022 consistent with the congressional budget offices march 2012 baseline and the discretionary spending limits set forth in this act for the purpose of enforcing section 311 of the congressional budget act of 1974; and (d) levels of social security revenues and outlays for fiscal years 2012 and 2013 20132017 and 20132022 consistent with the congressional budget offices march 2012 baseline budget for the purpose of enforcing sections 302 and 311 of the congressional budget act of 1974 (c) senate payasyougo scorecard (1) effective on the date of enactment of this section for the purpose of enforcing section 201 of s con res 21 (110th congress) the chairman of the senate committee on the budget shall reduce any balances of direct spending and revenues for any fiscal year to 0 (zero) (2) not later than april 15 2012 for the purpose of enforcing section 201 of s con res 21 (110th congress) the chairman of the senate committee on the budget shall reduce any balances of direct spending and revenues for any fiscal year to 0 (zero) (3) upon resetting the senate paygo scorecard pursuant to paragraph (2) the chairman shall publish a notification of such action in the congressional record (d) further adjustments (1) the chairman of the committee on the budget of the senate may revise any allocations aggregates or levels set pursuant to this section to account for any subsequent adjustments to discretionary spending limits made pursuant to this act (2) with respect to any allocations aggregates or levels set or adjustments made pursuant to this section sections 412 through 414 of s con res 13 (111th congress) shall remain in effect (e) expiration (1) subsections (a)(1) (b)(1) and (c)(1) shall expire if a concurrent resolution on the budget for fiscal year 2012 is agreed to by the senate and house of representatives pursuant to section 301 of the congressional budget act of 1974 (2) subsections (a)(2) (b)(2) and (c)(2) shall expire if a concurrent resolution on the budget for fiscal year 2013 is agreed to by the senate and house of representatives pursuant to section 301 of the congressional budget act of 1974 effective date deadline notification congressional record 125 stat 250 public law 11225aug 2 2011 title iivote on the balanced budget amendment sec 201 vote on the balanced budget amendment time period after september 30 2011 and not later than december 31 2011 the house of representatives and senate respectively shall vote on passage of a joint resolution the title of which is as follows: joint resolution proposing a balanced budget amendment to the constitution of the united states sec 202 consideration by the other house (a) house consideration deadline (1) referralif the house receives a joint resolution described in section 201 from the senate such joint resolution shall be referred to the committee on the judiciary if the committee fails to report the joint resolution within five legislative days it shall be in order to move that the house discharge the committee from further consideration of the joint resolution such a motion shall not be in order after the house has disposed of a motion to discharge the joint resolution the previous question shall be considered as ordered on the motion to its adoption without intervening motion except twenty minutes of debate equally divided and controlled by the proponent and an opponent if such a motion is adopted the house shall proceed immediately to consider the joint resolution in accordance with paragraph (3) a motion to reconsider the vote by which the motion is disposed of shall not be in order (2) proceeding to considerationafter the joint resolution has been referred to the appropriate calendar or the committee has been discharged (other than by motion) from its consideration it shall be in order to move to proceed to consider the joint resolution in the house such a motion shall not be in order after the house has disposed of a motion to proceed with respect to the joint resolution the previous question shall be considered as ordered on the motion to its adoption without intervening motion a motion to reconsider the vote by which the motion is disposed of shall not be in order (3) considerationthe joint resolution shall be considered as read all points of order against the joint resolution and against its consideration are waived the previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the joint resolution a motion to reconsider the vote on passage of the joint resolution shall not be in order deadline (b) senate consideration(1) if the senate receives a joint resolution described in section 201 from the house of representatives such joint resolution shall be referred to the appropriate committee of the senate if such committee has not reported the joint resolution at the close of the fifth session day after its receipt by the senate such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar (2) consideration of the joint resolution and on all debatable motions and appeals in connection therewith shall be limited to public law 11225aug 2 2011 125 stat 251 not more than 20 hours which shall be divided equally between the majority and minority leaders or their designees a motion further to limit debate is in order and not debatable an amendment to or a motion to postpone or a motion to proceed to the consideration of other business or a motion to recommit the joint resolution is not in order any debatable motion or appeal is debatable for not to exceed 1 hour to be divided equally between those favoring and those opposing the motion or appeal all time used for consideration of the joint resolution including time used for quorum calls and voting shall be counted against the total 20 hours of consideration (3) if the senate has voted to proceed to a joint resolution the vote on passage of the joint resolution shall be taken on or before the close of the seventh session day after such joint resolution has been reported or discharged or immediately following the conclusion of consideration of the joint resolution and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the senate title iiidebt ceiling disapproval process sec 301 debt ceiling disapproval process (a) in generalsubchapter i of chapter 31 of subtitle iii of title 31 united states code is amended (1) in section 3101(b) by striking or otherwise and inserting or as provided by section 3101a or otherwise; and (2) by inserting after section 3101 the following: 3101a presidential modification of the debt ceiling (a) in general (1) $900 billion (a) certificationif not later than december 31 2011 the president submits a written certification to congress that the president has determined that the debt subject to limit is within $100000000000 of the limit in section 3101(b) and that further borrowing is required to meet existing commitments the secretary of the treasury may exercise authority to borrow an additional $900000000000 subject to the enactment of a joint resolution of disapproval enacted pursuant to this section upon submission of such certification the limit on debt provided in section 3101(b) (referred to in this section as the debt limit) is increased by $400000000000 (b) resolution of disapprovalcongress may consider a joint resolution of disapproval of the authority under subparagraph (a) as provided in subsections (b) through (f) the joint resolution of disapproval considered under this section shall contain only the language provided in subsection (b)(2) if the time for disapproval has lapsed without enactment of a joint resolution of disapproval under this section the debt limit is increased by an additional $500000000000 (2) additional amount (a) certificationif after the debt limit is increased by $900000000000 under paragraph (1) the deadline deadline 125 stat 252 deadlines definition public law 11225aug 2 2011 president submits a written certification to congress that the president has determined that the debt subject to limit is within $100000000000 of the limit in section 3101(b) and that further borrowing is required to meet existing commitments the secretary of the treasury may subject to the enactment of a joint resolution of disapproval enacted pursuant to this section exercise authority to borrow an additional amount equal to (i) $1200000000000 unless clause (ii) or (iii) applies; (ii) $1500000000000 if the archivist of the united states has submitted to the states for their ratification a proposed amendment to the constitution of the united states pursuant to a joint resolution entitled joint resolution proposing a balanced budget amendment to the constitution of the united states; or (iii) if a joint committee bill to achieve an amount greater than $1200000000000 in deficit reduction as provided in section 401(b)(3)(b)(i)(ii) of the budget control act of 2011 is enacted an amount equal to the amount of that deficit reduction but not greater than $1500000000000 unless clause (ii) applies (b) resolution of disapprovalcongress may con sider a joint resolution of disapproval of the authority under subparagraph (a) as provided in subsections (b) through (f) the joint resolution of disapproval considered under this section shall contain only the language provided in subsection (b)(2) if the time for disapproval has lapsed without enactment of a joint resolution of disapproval under this section the debt limit is increased by the amount authorized under subparagraph (a) (b) joint resolution of disapproval (1) in generalexcept for the $400000000000 increase in the debt limit provided by subsection (a)(1)(a) the debt limit may not be raised under this section if within 50 calendar days after the date on which congress receives a certification described in subsection (a)(1) or within 15 calendar days after congress receives the certification described in subsection (a)(2) (regardless of whether congress is in session) there is enacted into law a joint resolution disapproving the presidents exercise of authority with respect to such additional amount (2) contents of joint resolutionfor the purpose of this section the term joint resolution means only a joint resolu tion (a)(i) for the certification described in subsection (a)(1) that is introduced on september 6 7 8 or 9 2011 (or if the senate was not in session the next calendar day on which the senate is in session); and (ii) for the certification described in subsection (a)(2) that is introduced between the date the certification is received and 3 calendar days after that date; (b) which does not have a preamble; (c) the title of which is only as follows: joint resolution relating to the disapproval of the presidents exercise of authority to increase the debt limit as submitted under section 3101a of title 31 united states code on public law 11225aug 2 2011 125 stat 253 llllll (with the blank containing the date of such submission); and (d) the matter after the resolving clause of which is only as follows: that congress disapproves of the presidents exercise of authority to increase the debt limit as exercised pursuant to the certification under section 3101a(a) of title 31 united states code (c) expedited consideration in house of representa tives (1) reconveningupon receipt of a certification described in subsection (a)(2) the speaker if the house would otherwise be adjourned shall notify the members of the house that pursuant to this section the house shall convene not later than the second calendar day after receipt of such certification (2) reporting and dischargeany committee of the house of representatives to which a joint resolution is referred shall report it to the house without amendment not later than 5 calendar days after the date of introduction of a joint resolution described in subsection (a) if a committee fails to report the joint resolution within that period the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar (3) proceeding to considerationafter each committee authorized to consider a joint resolution reports it to the house or has been discharged from its consideration it shall be in order not later than the sixth day after introduction of a joint resolution under subsection (a) to move to proceed to consider the joint resolution in the house all points of order against the motion are waived such a motion shall not be in order after the house has disposed of a motion to proceed on a joint resolution addressing a particular submission the previous question shall be considered as ordered on the motion to its adoption without intervening motion the motion shall not be debatable a motion to reconsider the vote by which the motion is disposed of shall not be in order (4) considerationthe joint resolution shall be considered as read all points of order against the joint resolution and against its consideration are waived the previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except two hours of debate equally divided and controlled by the proponent and an opponent a motion to reconsider the vote on passage of the joint resolution shall not be in order (d) expedited procedure in senate (1) reconveningupon receipt of a certification under subsection (a)(2) if the senate has adjourned or recessed for more than 2 days the majority leader of the senate after consultation with the minority leader of the senate shall notify the members of the senate that pursuant to this section the senate shall convene not later than the second calendar day after receipt of such message (2) placement on calendarupon introduction in the senate the joint resolution shall be immediately placed on the calendar (3) floor consideration notification deadline deadline notification deadline 125 stat 254 public law 11225aug 2 2011 time period (a) in generalnotwithstanding rule xxii of the waiver standing rules of the senate it is in order at any time during the period beginning on the day after the date on which congress receives a certification under subsection (a) and for the certification described in subsection (a)(1) ending on september 14 2011 and for the certification described in subsection (a)(2) on the 6th day after the date on which congress receives a certification under subsection (a) (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution and all points of order against the joint resolution (and against consideration of the joint resolution) are waived the motion to proceed is not debatable the motion is not subject to a motion to postpone a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order if a motion to proceed to the consideration of the resolution is agreed to the joint resolution shall remain the unfinished business until disposed of (b) considerationconsideration of the joint resolution and on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours which shall be divided equally between the majority and minority leaders or their designees a motion further to limit debate is in order and not debatable an amendment to or a motion to postpone or a motion to proceed to the consideration of other business or a motion to recommit the joint resolution is not in order (c) vote on passageif the senate has voted to proceed to a joint resolution the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the senate (d) rulings of the chair on procedureappeals from the decisions of the chair relating to the application of the rules of the senate as the case may be to the procedure relating to a joint resolution shall be decided without debate (e) amendment not in ordera joint resolution of dis approval considered pursuant to this section shall not be subject to amendment in either the house of representatives or the senate (f) coordination with action by other house (1) in generalif before passing the joint resolution one house receives from the other a joint resolution (a) the joint resolution of the other house shall not be referred to a committee; and (b) the procedure in the receiving house shall be the same as if no joint resolution had been received from the other house until the vote on passage when the joint resolution received from the other house shall supplant the joint resolution of the receiving house (2) treatment of joint resolution of other house if the senate fails to introduce or consider a joint resolution under this section the joint resolution of the house shall be entitled to expedited floor procedures under this section public law 11225aug 2 2011 125 stat 255 (3) treatment of companion measuresif following passage of the joint resolution in the senate the senate then receives the companion measure from the house of representatives the companion measure shall not be debatable (4) consideration after passage(a) if congress passes a joint resolution the period beginning on the date the president is presented with the joint resolution and ending on the date the president signs allows to become law without his signature or vetoes and returns the joint resolution (but excluding days when either house is not in session) shall be disregarded in computing the appropriate calendar day period described in subsection (b)(1) (b) debate on a veto message in the senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees (5) veto overrideif within the appropriate calendar day period described in subsection (b)(1) congress overrides a veto of the joint resolution with respect to authority exercised pursuant to paragraph (1) or (2) of subsection (a) the limit on debt provided in section 3101(b) shall not be raised except for the $400000000000 increase in the limit provided by subsection (a)(1)(a) (6) sequestration(a) if within the 50calendar day time period period described in subsection (b)(1) the president signs the president joint resolution the president allows the joint resolution to become law without his signature or congress overrides a veto of the joint resolution with respect to authority exercised pursuant to paragraph (1) of subsection (a) there shall be a sequestration to reduce spending by $400000000000 omb shall implement the sequestration forthwith (b) omb shall implement each half of such sequestration definition in accordance with section 255 section 256 and subsections (c) (d) (e) and (f) of section 253 of the balanced budget and emergency deficit control act of 1985 and for the purpose of such implementation the term excess deficit means the amount specified in subparagraph (a) (g) rules of house of representatives and senatethis subsection and subsections (b) (c) (d) (e) and (f) (other than paragraph (6)) are enacted by congress (1) as an exercise of the rulemaking power of the senate and house of representatives respectively and as such it is deemed a part of the rules of each house respectively but applicable only with respect to the procedure to be followed in that house in the case of a joint resolution and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either house to change the rules (so far as relating to the procedure of that house) at any time in the same manner and to the same extent as in the case of any other rule of that house (b) conforming amendmentthe table of sections for chapter 31 of title 31 united states code is amended by inserting after the item relating to section 3101 the following new item: 3101a presidential modification of the debt ceiling 125 stat 256 public law 11225aug 2 2011 sec 302 enforcement of budget goal (a) in generalthe balanced budget and emergency deficit control act of 1985 is amended by inserting after section 251 the following new section: 2 usc 901a sec 251a enforcement of budget goal deadline unless a joint committee bill achieving an amount greater than $1200000000000 in deficit reduction as provided in section 401(b)(3)(b)(i)(ii) of the budget control act of 2011 is enacted by january 15 2012 the discretionary spending limits listed in section 251(c) shall be revised and discretionary appropriations and direct spending shall be reduced as follows: definitions (1) revised security category; revised nonsecurity category(a) the term revised security category means discretionary appropriations in budget function 050 (b) the term revised nonsecurity category means discretionary appropriations other than in budget function 050 (2) revised discretionary spending limitsthe discretionary spending limits for fiscal years 2013 through 2021 under section 251(c) shall be replaced with the following: (a) for fiscal year 2013 (i) for the security category $546000000000 in budget authority; and (ii) for the nonsecurity category $501000000000 in budget authority (b) for fiscal year 2014 (i) for the security category $556000000000 in budget authority; and (ii) for the nonsecurity category $510000000000 in budget authority (c) for fiscal year 2015 (i) for the security category $566000000000 in budget authority; and (ii) for the nonsecurity category $520000000000 in budget authority (d) for fiscal year 2016 (i) for the security category $577000000000 in budget authority; and (ii) for the nonsecurity category $530000000000 in budget authority (e) for fiscal year 2017 (i) for the security category $590000000000 in budget authority; and (ii) for the nonsecurity category $541000000000 in budget authority (f) for fiscal year 2018 (i) for the security category $603000000000 in budget authority; and (ii) for the nonsecurity category $553000000000 in budget authority (g) for fiscal year 2019 (i) for the security category $616000000000 in budget authority; and (ii) for the nonsecurity category $566000000000 in budget authority (h) for fiscal year 2020 public law 11225aug 2 2011 125 stat 257 (i) for the security category $630000000000 in budget authority; and (ii) for the nonsecurity category $578000000000 in budget authority (i) for fiscal year 2021 (i) for the security category $644000000000 in budget authority; and (ii) for the nonsecurity category $590000000000 in budget authority (3) calculation of total deficit reductionomb shall calculate the amount of the deficit reduction required by this section for each of fiscal years 2013 through 2021 by (a) starting with $1200000000000; (b) subtracting the amount of deficit reduction achieved by the enactment of a joint committee bill as provided in section 401(b)(3)(b)(i)(ii) of the budget control act of 2011; (c) reducing the difference by 18 percent to account for debt service; and (d) dividing the result by 9 (4) allocation to functionson january 2 2013 for effective date fiscal year 2013 and in its sequestration preview report for fiscal years 2014 through 2021 pursuant to section 254(c) omb shall allocate half of the total reduction calculated pursuant to paragraph (3) for that year to discretionary appropriations and direct spending accounts within function 050 (defense function) and half to accounts in all other functions (nondefense functions) (5) defense function reductionomb shall calculate the reductions to discretionary appropriations and direct spending for each of fiscal years 2013 through 2021 for defense function spending as follows: (a) discretionaryomb shall calculate the reduction to discretionary appropriations by (i) taking the total reduction for the defense function allocated for that year under paragraph (4); (ii) multiplying by the discretionary spending limit for the revised security category for that year; and (iii) dividing by the sum of the discretionary spending limit for the security category and ombs baseline estimate of nonexempt outlays for direct spending programs within the defense function for that year (b) direct spendingomb shall calculate the reduction to direct spending by taking the total reduction for the defense function required for that year under paragraph (4) and subtracting the discretionary reduction calculated pursuant to subparagraph (a) (6) nondefense function reductionomb shall cal culate the reduction to discretionary appropriations and to direct spending for each of fiscal years 2013 through 2021 for programs in nondefense functions as follows: (a) discretionaryomb shall calculate the reduction to discretionary appropriations by 125 stat 258 effective date president sequestration order president sequestration order public law 11225aug 2 2011 (i) taking the total reduction for nondefense functions allocated for that year under paragraph (4); (ii) multiplying by the discretionary spending limit for the revised nonsecurity category for that year; and (iii) dividing by the sum of the discretionary spending limit for the revised nonsecurity category and ombs baseline estimate of nonexempt outlays for direct spending programs in nondefense functions for that year (b) direct spendingomb shall calculate the reduction to direct spending programs by taking the total reduction for nondefense functions required for that year under paragraph (4) and subtracting the discretionary reduction calculated pursuant to subparagraph (a) (7) implementing discretionary reductions (a) fiscal year 2013on january 2 2013 for fiscal year 2013 omb shall calculate and the president shall order a sequestration effective upon issuance and under the procedures set forth in section 253(f) to reduce each account within the security category or nonsecurity category by a dollar amount calculated by multiplying the baseline level of budgetary resources in that account at that time by a uniform percentage necessary to achieve (i) for the revised security category an amount equal to the defense function discretionary reduction calculated pursuant to paragraph (5); and (ii) for the revised nonsecurity category an amount equal to the nondefense function discretionary reduction calculated pursuant to paragraph (6) (b) fiscal years 20142021on the date of the submission of its sequestration preview report for fiscal years 2014 through 2021 pursuant to section 254(c) for each of fiscal years 2014 through 2021 omb shall reduce the discretionary spending limit (i) for the revised security category by the amount of the defense function discretionary reduction calculated pursuant to paragraph (5); and (ii) for the revised nonsecurity category by the amount of the nondefense function discretionary reduction calculated pursuant to paragraph (6) (8) implementing direct spending reductionson the date specified in paragraph (4) during each applicable year omb shall prepare and the president shall order a sequestration effective upon issuance of nonexempt direct spending to achieve the direct spending reduction calculated pursuant to paragraphs (5) and (6) when implementing the sequestration of direct spending pursuant to this paragraph omb shall follow the procedures specified in section 6 of the statutory pay asyougo act of 2010 the exemptions specified in section 255 and the special rules specified in section 256 except that the percentage reduction for the medicare programs specified in section 256(d) shall not be more than 2 percent for a fiscal year (9) adjustment for medicareif the percentage reduction for the medicare programs would exceed 2 percent for a fiscal year in the absence of paragraph (8) omb shall public law 11225aug 2 2011 125 stat 259 increase the reduction for all other discretionary appropriations and direct spending under paragraph (6) by a uniform percentage to a level sufficient to achieve the reduction required by paragraph (6) in the nondefense function (10) implementation of reductionsany reductions imposed under this section shall be implemented in accordance with section 256(k) (11) reporton the dates specified in paragraph (4) omb shall submit a report to congress containing information about the calculations required under this section the adjusted discretionary spending limits a listing of the reductions required for each nonexempt direct spending account and any other data and explanations that enhance public understanding of this title and actions taken under it (b) conforming amendmentthe table of contents set forth in section 250(a) of the balanced budget and emergency deficit control act of 1985 is amended by inserting after the item relating to section 251 the following: sec 251a enforcement of budget goal title ivjoint select committee on deficit reduction sec 401 establishment of joint select committee (a) definitionsin this title: (1) joint committeethe term joint committee means the joint select committee on deficit reduction established under subsection (b)(1) (2) joint committee billthe term joint committee bill means a bill consisting of the proposed legislative language of the joint committee recommended under subsection (b)(3)(b) and introduced under section 402(a) (b) establishment of joint select committee (1) establishmentthere is established a joint select committee of congress to be known as the joint select committee on deficit reduction (2) goalthe goal of the joint committee shall be to reduce the deficit by at least $1500000000000 over the period of fiscal years 2012 to 2021 (3) duties (a) in general (i) improving the shortterm and longterm fiscal imbalancethe joint committee shall provide recommendations and legislative language that will significantly improve the shortterm and longterm fiscal imbalance of the federal government (ii) recommendations of committeesnot later than october 14 2011 each committee of the house of representatives and the senate may transmit to the joint committee its recommendations for changes in law to reduce the deficit consistent with the goal described in paragraph (2) for the joint committees consideration (b) report recommendations and legislative language 2 usc 900 note recommenda tions deadline 125 stat 260 time period public law 11225aug 2 2011 (i) in generalnot later than november 23 2011 the joint committee shall vote on (i) a report that contains a detailed statement of the findings conclusions and recommendations of the joint committee and the estimate of the congressional budget office required by paragraph (5)(d)(ii); and (ii) proposed legislative language to carry out such recommendations as described in subclause (i) which shall include a statement of the deficit reduction achieved by the legislation over the period of fiscal years 2012 to 2021 any change to the rules of the house of representatives or the standing rules of the senate included in the report or legislative language shall be considered to be merely advisory (ii) approval of report and legislative language the report of the joint committee and the proposed legislative language described in clause (i) shall require the approval of a majority of the members of the joint committee (iii) additional viewsa member of the joint committee who gives notice of an intention to file supplemental minority or additional views at the time of final joint committee vote on the approval of the report and legislative language under clause (ii) shall be entitled to 3 calendar days in which to file such views in writing with the staff director of the joint committee such views shall then be included in the joint committee report and printed in the same volume or part thereof and their inclusion shall be noted on the cover of the report in the absence of timely notice the joint committee report may be printed and transmitted immediately without such views (iv) transmission of report and legislative languageif the report and legislative language are approved by the joint committee pursuant to clause (ii) then not later than december 2 2011 the joint committee shall submit the joint committee report and legislative language described in clause (i) to the president the vice president the speaker of the house of representatives and the majority and minority leaders of each house of congress (v) report and legislative language to be made publicupon the approval or disapproval of the joint committee report and legislative language pursuant to clause (ii) the joint committee shall promptly make the full report and legislative language and a record of the vote available to the public (4) membership (a) in generalthe joint committee shall be composed of 12 members appointed pursuant to subparagraph (b) (b) appointmentmembers of the joint committee shall be appointed as follows: (i) the majority leader of the senate shall appoint three members from among members of the senate public law 11225aug 2 2011 125 stat 261 (ii) the minority leader of the senate shall appoint three members from among members of the senate (iii) the speaker of the house of representatives shall appoint three members from among members of the house of representatives (iv) the minority leader of the house of representatives shall appoint three members from among members of the house of representatives (c) cochairs (i) in generalthere shall be two cochairs of the joint committee the majority leader of the senate shall appoint one cochair from among the members of the joint committee the speaker of the house of representatives shall appoint the second cochair from among the members of the joint committee the cochairs shall be appointed not later than 14 calendar days after the date of enactment of this act (ii) staff directorthe cochairs acting jointly shall hire the staff director of the joint committee (d) datemembers of the joint committee shall be appointed not later than 14 calendar days after the date of enactment of this act (e) period of appointmentmembers shall be appointed for the life of the joint committee any vacancy in the joint committee shall not affect its powers but shall be filled not later than 14 calendar days after the date on which the vacancy occurs in the same manner as the original designation was made if a member of the joint committee ceases to be a member of the house of representatives or the senate as the case may be the member is no longer a member of the joint committee and a vacancy shall exist (5) administration (a) in generalto enable the joint committee to exercise its powers functions and duties there are authorized to be disbursed by the senate the actual and necessary expenses of the joint committee approved by the cochairs subject to the rules and regulations of the senate (b) expensesin carrying out its functions the joint committee is authorized to incur expenses in the same manner and under the same conditions as the joint economic committee is authorized by section 11 of public law 79304 (15 usc 1024 (d)) (c) quorumseven members of the joint committee shall constitute a quorum for purposes of voting meeting and holding hearings (d) voting (i) proxy votingno proxy voting shall be allowed on behalf of the members of the joint committee (ii) congressional budget office estimates the congressional budget office shall provide estimates of the legislation (as described in paragraph (3)(b)) in accordance with sections 308(a) and 201(f) of the congressional budget act of 1974 (2 usc 639(a) and 601(f))(including estimates of the effect of appointments deadline appointments deadline deadline 125 stat 262 deadline deadlines deadlines compliance public law 11225aug 2 2011 interest payment on the debt) in addition the congressional budget office shall provide information on the budgetary effect of the legislation beyond the year 2021 the joint committee may not vote on any version of the report recommendations or legislative language unless such estimates are available for consideration by all members of the joint committee at least 48 hours prior to the vote as certified by the cochairs (e) meetings (i) initial meetingnot later than 45 calendar days after the date of enactment of this act the joint committee shall hold its first meeting (ii) agendathe cochairs of the joint committee shall provide an agenda to the joint committee members not less than 48 hours in advance of any meeting (f) hearings (i) in generalthe joint committee may for the purpose of carrying out this section hold such hearings sit and act at such times and places require attendance of witnesses and production of books papers and documents take such testimony receive such evidence and administer such oaths as the joint committee considers advisable (ii) hearing procedures and responsibilities of cochairs (i) announcementthe cochairs of the joint committee shall make a public announcement of the date place time and subject matter of any hearing to be conducted not less than 7 days in advance of such hearing unless the cochairs determine that there is good cause to begin such hearing at an earlier date (ii) written statementa witness appearing before the joint committee shall file a written statement of proposed testimony at least 2 calendar days before the appearance of the witness unless the requirement is waived by the co chairs following their determination that there is good cause for failure to comply with such requirement (g) technical assistanceupon written request of the cochairs a federal agency shall provide technical assistance to the joint committee in order for the joint committee to carry out its duties (c) staff of joint committee (1) in generalthe cochairs of the joint committee may jointly appoint and fix the compensation of staff as they deem necessary within the guidelines for employees of the senate and following all applicable rules and employment requirements of the senate (2) ethical standardsmembers on the joint committee who serve in the house of representatives shall be governed by the ethics rules and requirements of the house members of the senate who serve on the joint committee and staff of the joint committee shall comply with the ethics rules of the senate public law 11225aug 2 2011 125 stat 263 (d) terminationthe joint committee shall terminate on january 31 2012 sec 402 expedited consideration of joint committee recommendations (a) introductionif approved by the majority required by section 401(b)(3)(b)(ii) the proposed legislative language submitted pursuant to section 401(b)(3)(b)(iv) shall be introduced in the senate (by request) on the next day on which the senate is in session by the majority leader of the senate or by a member of the senate designated by the majority leader of the senate and shall be introduced in the house of representatives (by request) on the next legislative day by the majority leader of the house or by a member of the house designated by the majority leader of the house (b) consideration in the house of representatives (1) referral and reportingany committee of the house of representatives to which the joint committee bill is referred shall report it to the house without amendment not later than december 9 2011 if a committee fails to report the joint committee bill within that period it shall be in order to move that the house discharge the committee from further consideration of the bill such a motion shall not be in order after the last committee authorized to consider the bill reports it to the house or after the house has disposed of a motion to discharge the bill the previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent if such a motion is adopted the house shall proceed immediately to consider the joint committee bill in accordance with paragraphs (2) and (3) a motion to reconsider the vote by which the motion is disposed of shall not be in order (2) proceeding to considerationafter the last committee authorized to consider a joint committee bill reports it to the house or has been discharged (other than by motion) from its consideration it shall be in order to move to proceed to consider the joint committee bill in the house such a motion shall not be in order after the house has disposed of a motion to proceed with respect to the joint committee bill the previous question shall be considered as ordered on the motion to its adoption without intervening motion a motion to reconsider the vote by which the motion is disposed of shall not be in order (3) considerationthe joint committee bill shall be considered as read all points of order against the joint committee bill and against its consideration are waived the previous question shall be considered as ordered on the joint committee bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the joint committee bill a motion to reconsider the vote on passage of the joint committee bill shall not be in order (4) vote on passagethe vote on passage of the joint committee bill shall occur not later than december 23 2011 (c) expedited procedure in the senate (1) committee considerationa joint committee bill introduced in the senate under subsection (a) shall be jointly 2 usc 900 note waiver deadline reports deadline 125 stat 264 public law 11225aug 2 2011 referred to the committee or committees of jurisdiction which committees shall report the bill without any revision and with a favorable recommendation an unfavorable recommendation or without recommendation not later than december 9 2011 if any committee fails to report the bill within that period that committee shall be automatically discharged from consideration of the bill and the bill shall be placed on the appropriate calendar deadline (2) motion to proceednotwithstanding rule xxii of the standing rules of the senate it is in order not later than 2 days of session after the date on which a joint committee bill is reported or discharged from all committees to which it was referred for the majority leader of the senate or the majority leaders designee to move to proceed to the consideration of the joint committee bill it shall also be in order for any member of the senate to move to proceed to the consideration of the joint committee bill at any time after the conclusion of such 2day period a motion to proceed is in order even though a previous motion to the same effect has been waiver disagreed to all points of order against the motion to proceed to the joint committee bill are waived the motion to proceed is not debatable the motion is not subject to a motion to postpone a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order if a motion to proceed to the consideration of the joint committee bill is agreed to the joint committee bill shall remain the unfinished business until disposed of (3) considerationall points of order against the joint committee bill and against consideration of the joint committee bill are waived consideration of the joint committee bill and of all debatable motions and appeals in connection therewith shall not exceed a total of 30 hours which shall be divided equally between the majority and minority leaders or their designees a motion further to limit debate on the joint committee bill is in order shall require an affirmative vote of threefifths of the members duly chosen and sworn and is not debatable any debatable motion or appeal is debatable for not to exceed 1 hour to be divided equally between those favoring and those opposing the motion or appeal all time used for consideration of the joint committee bill including time used for quorum calls and voting shall be counted against the total 30 hours of consideration (4) no amendmentsan amendment to the joint committee bill or a motion to postpone or a motion to proceed to the consideration of other business or a motion to recommit the joint committee bill is not in order (5) vote on passageif the senate has voted to proceed to the joint committee bill the vote on passage of the joint committee bill shall occur immediately following the conclusion of the debate on a joint committee bill and a single quorum deadline call at the conclusion of the debate if requested the vote on passage of the joint committee bill shall occur not later than december 23 2011 (6) rulings of the chair on procedureappeals from the decisions of the chair relating to the application of the rules of the senate as the case may be to the procedure public law 11225aug 2 2011 125 stat 265 relating to a joint committee bill shall be decided without debate (d) amendmentthe joint committee bill shall not be subject to amendment in either the house of representatives or the senate (e) consideration by the other house (1) in generalif before passing the joint committee bill one house receives from the other a joint committee bill (a) the joint committee bill of the other house shall not be referred to a committee; and (b) the procedure in the receiving house shall be the same as if no joint committee bill had been received from the other house until the vote on passage when the joint committee bill received from the other house shall supplant the joint committee bill of the receiving house (2) revenue measurethis subsection shall not apply to the house of representatives if the joint committee bill received from the senate is a revenue measure (f) rules to coordinate action with other house (1) treatment of joint committee bill of other houseif the senate fails to introduce or consider a joint committee bill under this section the joint committee bill of the house shall be entitled to expedited floor procedures under this section (2) treatment of companion measures in the senate if following passage of the joint committee bill in the senate the senate then receives the joint committee bill from the house of representatives the housepassed joint committee bill shall not be debatable the vote on passage of the joint committee bill in the senate shall be considered to be the vote on passage of the joint committee bill received from the house of representatives (3) vetoesif the president vetoes the joint committee bill debate on a veto message in the senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees (g) loss of privilegethe provisions of this section shall deadlines cease to apply to the joint committee bill if (1) the joint committee fails to vote on the report or proposed legislative language required under section 401(b)(3)(b)(i) not later than november 23 2011; or (2) the joint committee bill does not pass both houses not later than december 23 2011 sec 403 funding 2 usc 900 note funding for the joint committee shall be derived in equal portions from (1) the applicable accounts of the house of representatives; and (2) the contingent fund of the senate from the appropriations account miscellaneous items subject to the rules and regulations of the senate sec 404 rulemaking 2 usc 900 note the provisions of this title are enacted by congress (1) as an exercise of the rulemaking power of the house of representatives and the senate respectively and as such they shall be considered as part of the rules of each house respectively or of that house to which they specifically apply 125 stat 266 public law 11225aug 2 2011 and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either house to change such rules (so far as relating to such house) at any time in the same manner and to the same extent as in the case of any other rule of such house title vpell grant and student loan program changes sec 501 federal pell grants section 401(b)(7)(a)(iv) of the higher education act of 1965 (20 usc 1070a(b)(7)(a)(iv)) is amended (1) in subclause (ii) by striking $3183000000 and inserting $13183000000; and (2) in subclause (iii) by striking $0 and inserting $7000000000 sec 502 termination of authority to make interest subsidized loans to graduate and professional students section 455(a) of the higher education act of 1965 (20 usc 1087e(a)) is amended by adding at the end the following new paragraph: (3) termination of authority to make interest subsidized loans to graduate and professional students (a) in generalsubject to subparagraph (b) and notwithstanding any provision of this part or part b for any period of instruction beginning on or after july 1 2012 (i) a graduate or professional student shall not be eligible to receive a federal direct stafford loan under this part; and (ii) the maximum annual amount of federal direct unsubsidized stafford loans such a student may borrow in any academic year (as defined in section 481(a)(2)) or its equivalent shall be the maximum annual amount for such student determined under section 428h plus an amount equal to the amount of federal direct stafford loans the student would have received in the absence of this subparagraph (b) exceptionsubparagraph (a) shall not apply to an individual enrolled in course work specified in paragraph (3)(b) or (4)(b) of section 484(b) sec 503 termination of direct loan repayment incentives section 455(b)(8) of the higher education act of 1965 (20 usc 1087e(b)(8)) is amended (1) in subparagraph (a) (a) by amending the header to read as follows: (a) incentives for loans disbursed before july 1 2012 ; and (b) by inserting with respect to loans for which the first disbursement of principal is made before july 1 2012 after of this part; public law 11225aug 2 2011 125 stat 267 (2) in subparagraph (b) by inserting with respect to loans for which the first disbursement of principal is made before july 1 2012 after repayment incentives; and (3) by adding at the end the following new subparagraph: (c) no repayment incentives for new loans disbursed on or after july 1 2012notwithstanding any other provision of this part the secretary is prohibited from authorizing or providing any repayment incentive not otherwise authorized under this part to encourage ontime repayment of a loan under this part for which the first disbursement of principal is made on or after july 1 2012 including any reduction in the interest or origination fee rate paid by a borrower of such a loan except that the secretary may provide for an interest rate reduction for a borrower who agrees to have payments on such a loan automatically electronically debited from a bank account sec 504 inapplicability of title iv negotiated rulemaking 20 usc 1089 and master calendar exception note sections 482(c) and 492 of the higher education act of 1965 (20 usc 1089(c) 1098a) shall not apply to the amendments made by this title or to any regulations promulgated under those amendments approved august 2 2011 legislative historys 365: congressional record vol 157 (2011): feb 17 considered and passed senate aug 1 considered and passed house amended aug 2 senate concurred in house amendment æ

Federal Managers Financial Integrity Act of 1982.txt

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+(document certified by government publishing office pkisupportgpogov) signed by government publishing office pkisupportgpogov time: 20221207 11:19:39 0500 reason: government publishing office attests that this document has not been altered since it was disseminated by government publishing office location: government publishing office washington dc 20401 public law 97255sept 8 1982 control are identified and the plans and schedule for correcting any such weakness are described (5) the statements and reports required by this subsection shall be signed by the head of each executive agency and transmitted to the president and the congress such statements and reports shall also be made available to the public except that in the case of any such statement or report containing information which is (a) specifically prohibited from disclosure by any provision of law; or (b) specifically required by executive order to be kept secret in the interest of national defense or the conduct of foreign affairs such information shall be deleted prior to the report or statement being made available to the public sec 3 section 201 of the budget and accounting act 1921 (31 usc 11) is amended by adding at the end thereof the following new subsection: (kxd the president shall include in the supporting detail accompanying each budget submitted on or after january 1 1983 a separate statement with respect to each department and establishment of the amounts of appropriations requested by the president for the office of inspector general if any of each such establishment or department (2) at the request of a committee of the congress additional information concerning the amount of appropriations originally requested by any office of inspector general shall be submitted to such committee sec 4 section 113(b) of the accounting and auditing act of 1950 (31 usc 66a(b)) is amended by adding at the end thereof the following new sentence: each annual statement prepared pursuant to subsection (d) of this section shall include a separate report on whether the agencys accounting system conforms to the principles standards and related requirements prescribed by the odmptrouer general under section 112 of this act approved september 8 1982 legislative historyhr 1526 (s 864): house report no 9738 (comm on government operations) congressional record: vol 127 (1981): may 18 considered and passed house vol 128 (1982): aug 4 considered and passed senate amended aug 19 house concurred in senate amendment 96 stat 815 statements and reports transmittal to president and congress; availability to public appropriations agencys accounting system 31 use 66a

GPRA Modernization Act of 2010.txt

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+public law 111352jan 4 2011 (document certified by superintendent of documents pkisupportgpogov) signed by superintendent of documents pkisupportgpogov time: 20120320 20:39:26 z reason: gpo attests that this document has not been altered since it was disseminated by gpo location: us gpo washington dc 20401 gpra modernization act of 2010 124 stat 3866 public law 111352jan 4 2011 jan 4 2011 hr 2142 gpra modernization act of 2010 31 usc 1101 note deadline public information web posting notification public law 111352 111th congress an act to require quarterly performance assessments of government programs for purposes of assessing agency performance and improvement and to establish agency performance improvement officers and the performance improvement council be it enacted by the senate and house of representatives of the united states of america in congress assembled section 1 short title; table of contents (a) short titlethis act may be cited as the gpra modernization act of 2010 (b) table of contentsthe table of contents for this act is as follows: sec 1 short title; table of contents sec 2 strategic planning amendments sec 3 performance planning amendments sec 4 performance reporting amendments sec 5 federal government and agency priority goals sec 6 quarterly priority progress reviews and use of performance information sec 7 transparency of federal government programs priority goals and results sec 8 agency chief operating officers sec 9 agency performance improvement officers and the performance improve ment council sec 10 format of performance plans and reports sec 11 reducing duplicative and outdated agency reporting sec 12 performance management skills and competencies sec 13 technical and conforming amendments sec 14 implementation of this act sec 15 congressional oversight and legislation sec 2 strategic planning amendments chapter 3 of title 5 united states code is amended by striking section 306 and inserting the following: 306 agency strategic plans (a) not later than the first monday in february of any year following the year in which the term of the president commences under section 101 of title 3 the head of each agency shall make available on the public website of the agency a strategic plan and notify the president and congress of its availability such plan shall contain (1) a comprehensive mission statement covering the major functions and operations of the agency; (2) general goals and objectives including outcomeoriented goals for the major functions and operations of the agency; (3) a description of how any goals and objectives contribute to the federal government priority goals required by section 1120(a) of title 31; public law 111352jan 4 2011 124 stat 3867 (4) a description of how the goals and objectives are to be achieved including (a) a description of the operational processes skills and technology and the human capital information and other resources required to achieve those goals and objectives; and (b) a description of how the agency is working with other agencies to achieve its goals and objectives as well as relevant federal government priority goals; (5) a description of how the goals and objectives incor porate views and suggestions obtained through congressional consultations required under subsection (d); (6) a description of how the performance goals provided in the plan required by section 1115(a) of title 31 including the agency priority goals required by section 1120(b) of title 31 if applicable contribute to the general goals and objectives in the strategic plan; (7) an identification of those key factors external to the agency and beyond its control that could significantly affect the achievement of the general goals and objectives; and (8) a description of the program evaluations used in establishing or revising general goals and objectives with a schedule for future program evaluations to be conducted (b) the strategic plan shall cover a period of not less than 4 years following the fiscal year in which the plan is submitted as needed the head of the agency may make adjustments to the strategic plan to reflect significant changes in the environment in which the agency is operating with appropriate notification of congress (c) the performance plan required by section 1115(b) of title 31 shall be consistent with the agencys strategic plan a performance plan may not be submitted for a fiscal year not covered by a current strategic plan under this section (d) when developing or making adjustments to a strategic consultation plan the agency shall consult periodically with the congress including majority and minority views from the appropriate authorizing appropriations and oversight committees and shall solicit and consider the views and suggestions of those entities potentially affected by or interested in such a plan the agency shall consult with the appropriate committees of congress at least once every 2 years (e) the functions and activities of this section shall be considered to be inherently governmental functions the drafting of strategic plans under this section shall be performed only by federal employees (f) for purposes of this section the term agency means an definition executive agency defined under section 105 but does not include the central intelligence agency the government accountability office the united states postal service and the postal regulatory commission sec 3 performance planning amendments chapter 11 of title 31 united states code is amended by striking section 1115 and inserting the following: 124 stat 3868 public law 111352jan 4 2011 coordination web posting deadline public information web posting notification  1115 federal government and agency performance plans (a) federal government performance plansin carrying out the provisions of section 1105(a)(28) the director of the office of management and budget shall coordinate with agencies to develop the federal government performance plan in addition to the submission of such plan with each budget of the united states government the director of the office of management and budget shall ensure that all information required by this subsection is concurrently made available on the website provided under section 1122 and updated periodically but no less than annually the federal government performance plan shall (1) establish federal government performance goals to define the level of performance to be achieved during the year in which the plan is submitted and the next fiscal year for each of the federal government priority goals required under section 1120(a) of this title; (2) identify the agencies organizations program activities regulations tax expenditures policies and other activities contributing to each federal government performance goal during the current fiscal year; (3) for each federal government performance goal identify a lead government official who shall be responsible for coordinating the efforts to achieve the goal; (4) establish common federal government performance indicators with quarterly targets to be used in measuring or assessing (a) overall progress toward each federal government performance goal; and (b) the individual contribution of each agency organization program activity regulation tax expenditure policy and other activity identified under paragraph (2); (5) establish clearly defined quarterly milestones; and (6) identify major management challenges that are governmentwide or crosscutting in nature and describe plans to address such challenges including relevant performance goals performance indicators and milestones (b) agency performance plansnot later than the first monday in february of each year the head of each agency shall make available on a public website of the agency and notify the president and the congress of its availability a performance plan covering each program activity set forth in the budget of such agency such plan shall (1) establish performance goals to define the level of performance to be achieved during the year in which the plan is submitted and the next fiscal year; (2) express such goals in an objective quantifiable and measurable form unless authorized to be in an alternative form under subsection (c); (3) describe how the performance goals contribute to (a) the general goals and objectives established in the agencys strategic plan required by section 306(a)(2) of title 5; and (b) any of the federal government performance goals established in the federal government performance plan required by subsection (a)(1); public law 111352jan 4 2011 124 stat 3869 (4) identify among the performance goals those which are designated as agency priority goals as required by section 1120(b) of this title if applicable; (5) provide a description of how the performance goals are to be achieved including (a) the operation processes training skills and technology and the human capital information and other resources and strategies required to meet those performance goals; (b) clearly defined milestones; (c) an identification of the organizations program activities regulations policies and other activities that contribute to each performance goal both within and external to the agency; (d) a description of how the agency is working with other agencies to achieve its performance goals as well as relevant federal government performance goals; and (e) an identification of the agency officials responsible for the achievement of each performance goal who shall be known as goal leaders; (6) establish a balanced set of performance indicators to be used in measuring or assessing progress toward each performance goal including as appropriate customer service efficiency output and outcome indicators; (7) provide a basis for comparing actual program results with the established performance goals; (8) a description of how the agency will ensure the accuracy and reliability of the data used to measure progress towards its performance goals including an identification of (a) the means to be used to verify and validate meas ured values; (b) the sources for the data; (c) the level of accuracy required for the intended use of the data; (d) any limitations to the data at the required level of accuracy; and (e) how the agency will compensate for such limitations if needed to reach the required level of accuracy; (9) describe major management challenges the agency faces and identify (a) planned actions to address such challenges; (b) performance goals performance indicators and milestones to measure progress toward resolving such challenges; and (c) the agency official responsible for resolving such challenges; and (10) identify lowpriority program activities based on an analysis of their contribution to the mission and goals of the agency and include an evidencebased justification for designating a program activity as low priority (c) alternative formif an agency in consultation with the director of the office of management and budget determines that it is not feasible to express the performance goals for a particular program activity in an objective quantifiable and measurable form the director of the office of management and budget may authorize an alternative form such alternative form shall (1) include separate descriptive statements of 124 stat 3870 public law 111352jan 4 2011 (a)(i) a minimally effective program; and (ii) a successful program; or (b) such alternative as authorized by the director of the office of management and budget with sufficient precision and in such terms that would allow for an accurate independent determination of whether the program activitys performance meets the criteria of the description; or (2) state why it is infeasible or impractical to express a performance goal in any form for the program activity (d) treatment of program activitiesfor the purpose of complying with this section an agency may aggregate disaggregate or consolidate program activities except that any aggregation or consolidation may not omit or minimize the significance of any program activity constituting a major function or operation for the agency (e) appendixan agency may submit with an annual performance plan an appendix covering any portion of the plan that (1) is specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy; and (2) is properly classified pursuant to such executive order (f) inherently governmental functionsthe functions and activities of this section shall be considered to be inherently governmental functions the drafting of performance plans under this section shall be performed only by federal employees (g) chief human capital officerswith respect to each agency with a chief human capital officer the chief human capital officer shall prepare that portion of the annual performance plan described under subsection (b)(5)(a) (h) definitionsfor purposes of this section and sections 1116 through 1125 and sections 9703 and 9704 the term (1) agency has the same meaning as such term is defined under section 306(f) of title 5; (2) crosscutting means across organizational (such as agency) boundaries; (3) customer service measure means an assessment of service delivery to a customer client citizen or other recipient which can include an assessment of quality timeliness and satisfaction among other factors; (4) efficiency measure means a ratio of a program activitys inputs (such as costs or hours worked by employees) to its outputs (amount of products or services delivered) or outcomes (the desired results of a program); (5) major management challenge means programs or management functions within or across agencies that have greater vulnerability to waste fraud abuse and mismanagement (such as issues identified by the government accountability office as high risk or issues identified by an inspector general) where a failure to perform well could seriously affect the ability of an agency or the government to achieve its mission or goals; (6) milestone means a scheduled event signifying the completion of a major deliverable or a set of related deliverables or a phase of work; public law 111352jan 4 2011 124 stat 3871 (7) outcome measure means an assessment of the results of a program activity compared to its intended purpose; (8) output measure means the tabulation calculation or recording of activity or effort that can be expressed in a quantitative or qualitative manner; (9) performance goal means a target level of performance expressed as a tangible measurable objective against which actual achievement can be compared including a goal expressed as a quantitative standard value or rate; (10) performance indicator means a particular value or characteristic used to measure output or outcome; (11) program activity means a specific activity or project as listed in the program and financing schedules of the annual budget of the united states government; and (12) program evaluation means an assessment through objective measurement and systematic analysis of the manner and extent to which federal programs achieve intended objectives sec 4 performance reporting amendments chapter 11 of title 31 united states code is amended by striking section 1116 and inserting the following: 1116 agency performance reporting (a) the head of each agency shall make available on a public website of the agency and to the office of management and budget an update on agency performance (b)(1) each update shall compare actual performance achieved with the performance goals established in the agency performance plan under section 1115(b) and shall occur no less than 150 days after the end of each fiscal year with more frequent updates of actual performance on indicators that provide data of significant value to the government congress or program partners at a reasonable level of administrative burden (2) if performance goals are specified in an alternative form under section 1115(c) the results shall be described in relation to such specifications including whether the performance failed to meet the criteria of a minimally effective or successful program (c) each update shall (1) review the success of achieving the performance goals and include actual results for the 5 preceding fiscal years; (2) evaluate the performance plan for the current fiscal year relative to the performance achieved toward the performance goals during the period covered by the update; (3) explain and describe where a performance goal has not been met (including when a program activitys performance is determined not to have met the criteria of a successful program activity under section 1115(c)(1)(a)(ii) or a corresponding level of achievement if another alternative form is used) (a) why the goal was not met; (b) those plans and schedules for achieving the established performance goal; and (c) if the performance goal is impractical or infeasible why that is the case and what action is recommended; public information web posting deadline 124 stat 3872 public law 111352jan 4 2011 classified information deadline determination designation submission (4) describe the use and assess the effectiveness in achieving performance goals of any waiver under section 9703 of this title; (5) include a review of the performance goals and evalua tion of the performance plan relative to the agencys strategic human capital management; (6) describe how the agency ensures the accuracy and reliability of the data used to measure progress towards its performance goals including an identification of (a) the means used to verify and validate measured values; (b) the sources for the data; (c) the level of accuracy required for the intended use of the data; (d) any limitations to the data at the required level of accuracy; and (e) how the agency has compensated for such limita tions if needed to reach the required level of accuracy; and (7) include the summary findings of those program evalua tions completed during the period covered by the update (d) if an agency performance update includes any program activity or information that is specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy and is properly classified pursuant to such executive order the head of the agency shall make such information available in the classified appendix provided under section 1115(e) (e) the functions and activities of this section shall be considered to be inherently governmental functions the drafting of agency performance updates under this section shall be performed only by federal employees (f) each fiscal year the office of management and budget shall determine whether the agency programs or activities meet performance goals and objectives outlined in the agency performance plans and submit a report on unmet goals to (1) the head of the agency; (2) the committee on homeland security and govern mental affairs of the senate; (3) the committee on oversight and governmental reform of the house of representatives; and (4) the government accountability office (g) if an agencys programs or activities have not met performance goals as determined by the office of management and budget for 1 fiscal year the head of the agency shall submit a performance improvement plan to the office of management and budget to increase program effectiveness for each unmet goal with measurable milestones the agency shall designate a senior official who shall oversee the performance improvement strategies for each unmet goal (h)(1) if the office of management and budget determines that agency programs or activities have unmet performance goals for 2 consecutive fiscal years the head of the agency shall (a) submit to congress a description of the actions the administration will take to improve performance including proposed statutory changes or planned executive actions; and public law 111352jan 4 2011 124 stat 3873 (b) describe any additional funding the agency will obligate to achieve the goal if such an action is determined appropriate in consultation with the director of the office of management and budget for an amount determined appropriate by the director (2) in providing additional funding described under paragraph (1)(b) the head of the agency shall use any reprogramming or transfer authority available to the agency if after exercising such authority additional funding is necessary to achieve the level determined appropriate by the director of the office of management and budget the head of the agency shall submit a request to congress for additional reprogramming or transfer authority (i) if an agencys programs or activities have not met performance goals as determined by the office of management and budget for 3 consecutive fiscal years the director of the office of management and budget shall submit recommendations to congress on actions to improve performance not later than 60 days after that determination including (1) reauthorization proposals for each program or activity that has not met performance goals; (2) proposed statutory changes necessary for the program activities to achieve the proposed level of performance on each performance goal; and (3) planned executive actions or identification of the program for termination or reduction in the presidents budget sec 5 federal government and agency priority goals chapter 11 of title 31 united states code is amended by adding after section 1119 the following: 1120 federal government and agency priority goals (a) federal government priority goals (1) the director of the office of management and budget shall coordinate with agencies to develop priority goals to improve the performance and management of the federal government such federal government priority goals shall include (a) outcomeoriented goals covering a limited number of crosscutting policy areas; and (b) goals for management improvements needed across the federal government including (i) financial management; (ii) human capital management; (iii) information technology management; (iv) procurement and acquisition management; and (v) real property management; (2) the federal government priority goals shall be long term in nature at a minimum the federal government priority goals shall be updated or revised every 4 years and made publicly available concurrently with the submission of the budget of the united states government made in the first full fiscal year following any year in which the term of the president commences under section 101 of title 3 as needed the director of the office of management and budget may make adjustments to the federal government priority goals to reflect significant changes in the environment in which the request recommenda tions deadline deadline public information 124 stat 3874 consultation consultation deadline web posting deadline determination time period classified information public law 111352jan 4 2011 federal government is operating with appropriate notification of congress (3) when developing or making adjustments to federal government priority goals the director of the office of management and budget shall consult periodically with the congress including obtaining majority and minority views from (a) the committees on appropriations of the senate and the house of representatives; (b) the committees on the budget of the senate and the house of representatives; (c) the committee on homeland security and governmental affairs of the senate; (d) the committee on oversight and government reform of the house of representatives; (e) the committee on finance of the senate; (f) the committee on ways and means of the house of representatives; and (g) any other committees as determined appropriate; (4) the director of the office of management and budget shall consult with the appropriate committees of congress at least once every 2 years (5) the director of the office of management and budget shall make information about the federal government priority goals available on the website described under section 1122 of this title (6) the federal government performance plan required under section 1115(a) of this title shall be consistent with the federal government priority goals (b) agency priority goals (1) every 2 years the head of each agency listed in section 901(b) of this title or as otherwise determined by the director of the office of management and budget shall identify agency priority goals from among the performance goals of the agency the director of the office of management and budget shall determine the total number of agency priority goals across the government and the number to be developed by each agency the agency priority goals shall (a) reflect the highest priorities of the agency as determined by the head of the agency and informed by the federal government priority goals provided under subsection (a) and the consultations with congress and other interested parties required by section 306(d) of title 5; (b) have ambitious targets that can be achieved within a 2year period; (c) have a clearly identified agency official known as a goal leader who is responsible for the achievement of each agency priority goal; (d) have interim quarterly targets for performance indicators if more frequent updates of actual performance provides data of significant value to the government congress or program partners at a reasonable level of administrative burden; and (e) have clearly defined quarterly milestones (2) if an agency priority goal includes any program activity or information that is specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy and is properly public law 111352jan 4 2011 124 stat 3875 classified pursuant to such executive order the head of the agency shall make such information available in the classified appendix provided under section 1115(e) (c) the functions and activities of this section shall be consid ered to be inherently governmental functions the development of federal government and agency priority goals shall be performed only by federal employees sec 6 quarterly priority progress reviews and use of performance information chapter 11 of title 31 united states code is amended by adding after section 1120 (as added by section 5 of this act) the following: 1121 quarterly priority progress reviews and use of performance information (a) use of performance information to achieve federal government priority goalsnot less than quarterly the director of the office of management and budget with the support of the performance improvement council shall (1) for each federal government priority goal required by section 1120(a) of this title review with the appropriate lead government official the progress achieved during the most recent quarter overall trend data and the likelihood of meeting the planned level of performance; (2) include in such reviews officials from the agencies organizations and program activities that contribute to the accomplishment of each federal government priority goal; (3) assess whether agencies organizations program activiassessment ties regulations tax expenditures policies and other activities are contributing as planned to each federal government priority goal; (4) categorize the federal government priority goals by risk of not achieving the planned level of performance; and (5) for the federal government priority goals at greatest risk of not meeting the planned level of performance identify prospects and strategies for performance improvement including any needed changes to agencies organizations program activities regulations tax expenditures policies or other activities (b) agency use of performance information to achieve agency priority goalsnot less than quarterly at each agency required to develop agency priority goals required by section 1120(b) of this title the head of the agency and chief operating officer with the support of the agency performance improvement officer shall (1) for each agency priority goal review with the appropriate goal leader the progress achieved during the most recent quarter overall trend data and the likelihood of meeting the planned level of performance; (2) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each agency priority goal; (3) assess whether relevant organizations program activiassessment ties regulations policies and other activities are contributing as planned to the agency priority goals; 124 stat 3876 public law 111352jan 4 2011 deadline (4) categorize agency priority goals by risk of not achieving the planned level of performance; and (5) for agency priority goals at greatest risk of not meeting the planned level of performance identify prospects and strategies for performance improvement including any needed changes to agency program activities regulations policies or other activities sec 7 transparency of federal government programs priority goals and results chapter 11 of title 31 united states code is amended by adding after section 1121 (as added by section 6 of this act) the following: 1122 transparency of programs priority goals and results (a) transparency of agency programs (1) in generalnot later than october 1 2012 the office of management and budget shall (a) ensure the effective operation of a single website; (b) at a minimum update the website on a quarterly basis; and (c) include on the website information about each program identified by the agencies (2) informationinformation for each program described under paragraph (1) shall include (a) an identification of how the agency defines the term program consistent with guidance provided by the director of the office of management and budget including the program activities that are aggregated disaggregated or consolidated to be considered a program by the agency; (b) a description of the purposes of the program and the contribution of the program to the mission and goals of the agency; and (c) an identification of funding for the current fiscal year and previous 2 fiscal years (b) transparency of agency priority goals and resultsthe head of each agency required to develop agency priority goals shall make information about each agency priority goal available to the office of management and budget for publication on the website with the exception of any information covered by section 1120(b)(2) of this title in addition to an identification of each agency priority goal the website shall also consolidate information about each agency priority goal including (1) a description of how the agency incorporated any views and suggestions obtained through congressional consultations about the agency priority goal; (2) an identification of key factors external to the agency and beyond its control that could significantly affect the achievement of the agency priority goal; (3) a description of how each agency priority goal will be achieved including (a) the strategies and resources required to meet the priority goal; (b) clearly defined milestones; (c) the organizations program activities regulations policies and other activities that contribute to each goal both within and external to the agency; public law 111352jan 4 2011 124 stat 3877 (d) how the agency is working with other agencies to achieve the goal; and (e) an identification of the agency official responsible for achieving the priority goal; (4) the performance indicators to be used in measuring or assessing progress; (5) a description of how the agency ensures the accuracy and reliability of the data used to measure progress towards the priority goal including an identification of (a) the means used to verify and validate measured values; (b) the sources for the data; (c) the level of accuracy required for the intended use of the data; (d) any limitations to the data at the required level of accuracy; and (e) how the agency has compensated for such limitations if needed to reach the required level of accuracy; (6) the results achieved during the most recent quarter and overall trend data compared to the planned level of performance; (7) an assessment of whether relevant organizations program activities regulations policies and other activities are contributing as planned; (8) an identification of the agency priority goals at risk of not achieving the planned level of performance; and (9) any prospects or strategies for performance improvement (c) transparency of federal government priority goals and resultsthe director of the office of management and web posting budget shall also make available on the website (1) a brief description of each of the federal government priority goals required by section 1120(a) of this title; (2) a description of how the federal government priority goals incorporate views and suggestions obtained through congressional consultations; (3) the federal government performance goals and performance indicators associated with each federal government priority goal as required by section 1115(a) of this title; (4) an identification of the lead government official for each federal government performance goal; (5) the results achieved during the most recent quarter and overall trend data compared to the planned level of performance; (6) an identification of the agencies organizations program activities regulations tax expenditures policies and other activities that contribute to each federal government priority goal; (7) an assessment of whether relevant agencies organizaassessment tions program activities regulations tax expenditures policies and other activities are contributing as planned; (8) an identification of the federal government priority goals at risk of not achieving the planned level of performance; and (9) any prospects or strategies for performance improvement 124 stat 3878 public law 111352jan 4 2011 public information guidance (d) information on websitethe information made available on the website under this section shall be readily accessible and easily found on the internet by the public and members and committees of congress such information shall also be presented in a searchable machinereadable format the director of the office of management and budget shall issue guidance to ensure that such information is provided in a way that presents a coherent picture of all federal programs and the performance of the federal government as well as individual agencies sec 8 agency chief operating officers chapter 11 of title 31 united states code is amended by adding after section 1122 (as added by section 7 of this act) the following: 1123 chief operating officers (a) establishmentat each agency the deputy head of agency or equivalent shall be the chief operating officer of the agency (b) functioneach chief operating officer shall be responsible for improving the management and performance of the agency and shall (1) provide overall organization management to improve agency performance and achieve the mission and goals of the agency through the use of strategic and performance planning measurement analysis regular assessment of progress and use of performance information to improve the results achieved; (2) advise and assist the head of agency in carrying out the requirements of sections 1115 through 1122 of this title and section 306 of title 5; (3) oversee agencyspecific efforts to improve management functions within the agency and across government; and (4) coordinate and collaborate with relevant personnel within and external to the agency who have a significant role in contributing to and achieving the mission and goals of the agency such as the chief financial officer chief human capital officer chief acquisition officersenior procurement executive chief information officer and other line of business chiefs at the agency sec 9 agency performance improvement officers and the performance improvement council chapter 11 of title 31 united states code is amended by adding after section 1123 (as added by section 8 of this act) the following: 1124 performance improvement officers and the performance improvement council (a) performance improvement officers (1) establishmentat each agency the head of the agency in consultation with the agency chief operating officer shall designate a senior executive of the agency as the agency performance improvement officer (2) functioneach performance improvement officer shall report directly to the chief operating officer subject to the direction of the chief operating officer each performance improvement officer shall public law 111352jan 4 2011 124 stat 3879 (a) advise and assist the head of the agency and the chief operating officer to ensure that the mission and goals of the agency are achieved through strategic and performance planning measurement analysis regular assessment of progress and use of performance information to improve the results achieved; (b) advise the head of the agency and the chief operating officer on the selection of agency goals including opportunities to collaborate with other agencies on common goals; (c) assist the head of the agency and the chief operating officer in overseeing the implementation of the agency strategic planning performance planning and reporting requirements provided under sections 1115 through 1122 of this title and sections 306 of title 5 including the contributions of the agency to the federal government priority goals; (d) support the head of agency and the chief operating officer in the conduct of regular reviews of agency performance including at least quarterly reviews of progress achieved toward agency priority goals if applicable; (e) assist the head of the agency and the chief operating officer in the development and use within the agency of performance measures in personnel performance appraisals and as appropriate other agency personnel and planning processes and assessments; and (f) ensure that agency progress toward the achievement of all goals is communicated to leaders managers and employees in the agency and congress and made available on a public website of the agency (b) performance improvement council (1) establishmentthere is established a performance improvement council consisting of (a) the deputy director for management of the office of management and budget who shall act as chairperson of the council; (b) the performance improvement officer from each agency defined in section 901(b) of this title; (c) other performance improvement officers as determined appropriate by the chairperson; and (d) other individuals as determined appropriate by the chairperson (2) functionthe performance improvement council shall (a) be convened by the chairperson or the designee of the chairperson who shall preside at the meetings of the performance improvement council determine its agenda direct its work and establish and direct subgroups of the performance improvement council as appropriate to deal with particular subject matters; (b) assist the director of the office of management and budget to improve the performance of the federal government and achieve the federal government priority goals; (c) assist the director of the office of management and budget in implementing the planning reporting and public information web posting 124 stat 3880 public law 111352jan 4 2011 31 usc 1115 note web posting guidance use of performance information requirements related to the federal government priority goals provided under sections 1115 1120 1121 and 1122 of this title; (d) work to resolve specific governmentwide or crosscutting performance issues as necessary; (e) facilitate the exchange among agencies of practices that have led to performance improvements within specific programs agencies or across agencies; (f) coordinate with other interagency management councils; (g) seek advice and information as appropriate from nonmember agencies particularly smaller agencies; (h) consider the performance improvement experiences of corporations nonprofit organizations foreign state and local governments government employees public sector unions and customers of government services; (i) receive such assistance information and advice from agencies as the council may request which agencies shall provide to the extent permitted by law; and (j) develop and submit to the director of the office of management and budget or when appropriate to the president through the director of the office of management and budget at times and in such formats as the chairperson may specify recommendations to streamline and improve performance management policies and requirements (3) support (a) in generalthe administrator of general services shall provide administrative and other support for the council to implement this section (b) personnelthe heads of agencies with performance improvement officers serving on the council shall as appropriate and to the extent permitted by law provide at the request of the chairperson of the performance improvement council up to 2 personnel authorizations to serve at the direction of the chairperson sec 10 format of performance plans and reports (a) searchable machinereadable plans and reports for fiscal year 2012 and each fiscal year thereafter each agency required to produce strategic plans performance plans and performance updates in accordance with the amendments made by this act shall (1) not incur expenses for the printing of strategic plans performance plans and performance reports for release external to the agency except when providing such documents to the congress; (2) produce such plans and reports in searchable machine readable formats; and (3) make such plans and reports available on the website described under section 1122 of title 31 united states code (b) webbased performance planning and reporting (1) in generalnot later than june 1 2012 the director of the office of management and budget shall issue guidance to agencies to provide concise and timely performance information for publication on the website described under section public law 111352jan 4 2011 124 stat 3881 1122 of title 31 united states code including at a minimum all requirements of sections 1115 and 1116 of title 31 united states code except for section 1115(e) (2) highpriority goalsfor agencies required to develop agency priority goals under section 1120(b) of title 31 united states code the performance information required under this section shall be merged with the existing information required under section 1122 of title 31 united states code (3) considerationsin developing guidance under this subsection the director of the office of management and budget shall take into consideration the experiences of agencies in making consolidated performance planning and reporting information available on the website as required under section 1122 of title 31 united states code sec 11 reducing duplicative and outdated agency reporting (a) budget contentssection 1105(a) of title 31 united states code is amended (1) by redesignating second paragraph (33) as paragraph (35); and (2) by adding at the end the following: (37) the list of plans and reports as provided for under section 1125 that agencies identified for elimination or consolidation because the plans and reports are determined outdated or duplicative of other required plans and reports (b) elimination of unnecessary agency reporting chapter 11 of title 31 united states code is further amended by adding after section 1124 (as added by section 9 of this act) the following: 1125 elimination of unnecessary agency reporting (a) agency identification of unnecessary reports annually based on guidance provided by the director of the office of management and budget the chief operating officer at each agency shall (1) compile a list that identifies all plans and reports the agency produces for congress in accordance with statutory requirements or as directed in congressional reports; (2) analyze the list compiled under paragraph (1) identify which plans and reports are outdated or duplicative of other required plans and reports and refine the list to include only the plans and reports identified to be outdated or duplicative; (3) consult with the congressional committees that receive the plans and reports identified under paragraph (2) to determine whether those plans and reports are no longer useful to the committees and could be eliminated or consolidated with other plans and reports; and (4) provide a total count of plans and reports compiled under paragraph (1) and the list of outdated and duplicative reports identified under paragraph (2) to the director of the office of management and budget (b) plans and reports (1) first yearduring the first year of implementation of this section the list of plans and reports identified by each agency as outdated or duplicative shall be not less than 10 124 stat 3882 public law 111352jan 4 2011 determination deadlines 5 usc 5105 note percent of all plans and reports identified under subsection (a)(1) (2) subsequent yearsin each year following the first year described under paragraph (1) the director of the office of management and budget shall determine the minimum percent of plans and reports to be identified as outdated or duplicative on each list of plans and reports (c) request for elimination of unnecessary reports in addition to including the list of plans and reports determined to be outdated or duplicative by each agency in the budget of the united states government as provided by section 1105(a)(37) the director of the office of management and budget may concurrently submit to congress legislation to eliminate or consolidate such plans and reports sec 12 performance management skills and competencies (a) performance management skills and competencies not later than 1 year after the date of enactment of this act the director of the office of personnel management in consultation with the performance improvement council shall identify the key skills and competencies needed by federal government personnel for developing goals evaluating programs and analyzing and using performance information for the purpose of improving government efficiency and effectiveness (b) position classificationsnot later than 2 years after the date of enactment of this act based on the identifications under subsection (a) the director of the office of personnel management shall incorporate as appropriate such key skills and competencies into relevant position classifications (c) incorporation into existing agency trainingnot later than 2 years after the enactment of this act the director of the office of personnel management shall work with each agency as defined under section 306(f) of title 5 united states code to incorporate the key skills identified under subsection (a) into training for relevant employees at each agency sec 13 technical and conforming amendments (a) the table of contents for chapter 3 of title 5 united states code is amended by striking the item relating to section 306 and inserting the following: 306 agency strategic plans (b) the table of contents for chapter 11 of title 31 united states code is amended by striking the items relating to section 1115 and 1116 and inserting the following: 1115 federal government and agency performance plans 1116 agency performance reporting (c) the table of contents for chapter 11 of title 31 united states code is amended by adding at the end the following: 1120 federal government and agency priority goals 1121 quarterly priority progress reviews and use of performance information 1122 transparency of programs priority goals and results 1123 chief operating officers 1124 performance improvement officers and the performance improvement coun cil 1125 elimination of unnecessary agency reporting public law 111352jan 4 2011 124 stat 3883 sec 14 implementation of this act (a) interim planning and reporting (1) in generalthe director of the office of management and budget shall coordinate with agencies to develop interim federal government priority goals and submit interim federal government performance plans consistent with the requirements of this act beginning with the submission of the fiscal year 2013 budget of the united states government (2) requirementseach agency shall (a) not later than february 6 2012 make adjustments to its strategic plan to make the plan consistent with the requirements of this act; (b) prepare and submit performance plans consistent with the requirements of this act including the identification of agency priority goals beginning with the performance plan for fiscal year 2013; and (c) make performance reporting updates consistent with the requirements of this act beginning in fiscal year 2012 (3) quarterly reviewsthe quarterly priority progress reviews required under this act shall begin (a) with the first full quarter beginning on or after the date of enactment of this act for agencies based on the agency priority goals contained in the analytical perspectives volume of the fiscal year 2011 budget of the united states government; and (b) with the quarter ending june 30 2012 for the interim federal government priority goals (b) guidancethe director of the office of management and budget shall prepare guidance for agencies in carrying out the interim planning and reporting activities required under subsection (a) in addition to other guidance as required for implementation of this act sec 15 congressional oversight and legislation (a) in generalnothing in this act shall be construed as limiting the ability of congress to establish amend suspend or annul a goal of the federal government or an agency (b) gao reviews (1) interim planning and reporting evaluationnot later than june 30 2013 the comptroller general shall submit a report to congress that includes (a) an evaluation of the implementation of the interim planning and reporting activities conducted under section 14 of this act; and (b) any recommendations for improving implementation of this act as determined appropriate (2) implementation evaluations (a) in generalthe comptroller general shall evaluate the implementation of this act subsequent to the interim planning and reporting activities evaluated in the report submitted to congress under paragraph (1) (b) agency implementation (i) evaluationsthe comptroller general shall evaluate how implementation of this act is affecting performance management at the agencies described in section 901(b) of title 31 united states code 31 usc 1115 note coordination deadline plan 31 usc 1115 note 124 stat 3884 public law 111352jan 4 2011 including whether performance management is being used by those agencies to improve the efficiency and effectiveness of agency programs (ii) reportsthe comptroller general shall submit to congress (i) an initial report on the evaluation under clause (i) not later than september 30 2015; and (ii) a subsequent report on the evaluation under clause (i) not later than september 30 2017 (c) federal government planning and reporting implementation (i) evaluationsthe comptroller general shall evaluate the implementation of the federal government priority goals federal government performance plans and related reporting required by this act (ii) reportsthe comptroller general shall submit to congress (i) an initial report on the evaluation under clause (i) not later than september 30 2015; and (ii) subsequent reports on the evaluation under clause (i) not later than september 30 2017 and every 4 years thereafter (d) recommendationsthe comptroller general shall include in the reports required by subparagraphs (b) and (c) any recommendations for improving implementation of this act and for streamlining the planning and reporting requirements of the government performance and results act of 1993 approved january 4 2011 legislative historyhr 2142: house reports: no 111504 (comm on oversight and government reform) senate reports: no 111372 (comm on homeland security and governmental affairs) congressional record vol 156 (2010): june 16 considered and passed house dec 16 considered and passed senate amended dec 17 house failed to concur in senate amendment dec 21 house concurred in senate amendment æ

Government Performance and Results Act of 1993.txt

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+(document certified by superintendent of documents pkisupportgpogov) signed by superintendent of documents pkisupportgpogov time: 20130912 16:37:23 z reason: gpo attests that this document has not been altered since it was disseminated by gpo location: us gpo washington dc 20401 107 stat 286 public law 10362aug 3 1993 sec 3 strategic planning chapter 3 of title 5 united states code is amended by adding after section 305 the following new section: 306 strategic plans (a) no later than september 30 1997 the head of each agency shall submit to the director of the office of management and budget and to the congress a strategic plan for program activities such plan shall contain (1) a comprehensive mission statement covering the major functions and operations of the agency; (2) general goals and objectives including outcomerelated goals and objectives for the major functions and operations of the agency; (3) a description of how the goals and objectives are to be achieved including a description of the operationed processes skills and technology and the human capital information and other resources required to meet those goals and objectives; (4) a description of how the performance goals included in the plan required by section 1115(a) of title 31 shall be related to the general goals and objectives in the strategic plan; (5) an identification of those key factors external to the agency and beyond its control that could significantly affect the achievement of the general goals and objectives; and (6) a description of the program evaluations used in establishing or revising genersd goals and objectives with a schedule for future program evaluations (b) the strategic plan shall cover a period of not less than five years forward from the fiscal year in which it is submitted and shall be updated and revised at least every three years (c) the performance plan required by section 1115 of title 31 shall be consistent with the agenc3rs strategic plan a performance plan may not be submitted for a fiscal year not covered by a current strategic plan under this section (d) when developing a strategic plan the agency shall consult with the congress and shall solicit and consider the views and suggestions of those entities potentially affected by or interested in such a plan (e) ttie fimctions and activities of this section shall be considered to be inherently (jovemmental functions the drafting of strategic plans under this section shall be performed only by federal employees (i) for purposes of this section the term agency means an executive agency defined under section 105 but does not include the central intelligence agency the general accounting office the panama canal commission the united states postal service and the postal rate commission sec 4 annual performance plans and reports (a) budget contents and submission to congresssection 1105(a) of title 31 united states code is amended by adding at the end thereof the following new paragraph: (29) beginning with fiscal year 1999 a federal (jovemment performance plan for the overall budget as provided for under section 1115  public law 10362aug 3 1993 107 stat 287 (b) performance plans and reportschapter 11 of title 31 united states code is amended by adding after section 1114 the following new sections: 1115 performance plans (a) in canying out the provisions of section 1105(a)(29) the director of the office of management and budget shall require each agency to prepare an annual performance plan covering each program activity set forth in the budget of such agency such plan shall (1) establish performance goals to define the level of performance to be achieved by a program activity; (2) express such goals in an objective quantifiable and measurable form unless authorized to be in an alternative form under subsection (b); (3) briefly describe the operational processes skills and technology and the human capital imormation or other resources required to meet the performance goals; (4) establish performance indicators to be used in measuring or assessing the releveint outputs service levels and outcomes of each program activity; (5) provide a basis for comparing actual program results with the established performance goals; and (6) describe the means to be used to verify and validate measured values (b) if an agency in consultation with the director of the office of management and budget determines that it is not feasible to express the performance goals for a particular program activity in an objective quantifiable and measurable form the director of the office of management and budget may authorize an alternative form such alternative form shall (1) include separate descriptive statements of (a)(i) a minimally effective program and (ii) a successful program or (b) such alternative as authorized by the director of the office of management and budget with sufficient precision and in such terms that would allow for an accurate independent determination of whether the program activits performance meets the criteria of the description; or (2) state whv it is infeasible or impractical to express a performance goal in any form for the program activity (c) for the purpose of complying with this section an agency may aggregate disaggregate or consolidate program activities except that any aggregation or consolidation may not omit or minimize the significance of any program activity constituting a major fiinction or operation for the agency (d) an agency may submit with its annual performance plan an appendix covering any portion of the plan that (1) is specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy; and (2) is properly classified pursuant to such executive order (e) the functions and activities of this section shall be considered to be inherently governmental functions the drafting of performance plans under this section shall be performed only by federal employees 107 stat 288 public law 10362aug 3 1993 (f) for purposes of this section and sections 1116 through 1119 and sections 9703 and 9704 the term (1) agency has the same meaning as such term is defined under section 306(f) of title 5; (2) outcome measure means an assessment of the results of a program activity compared to its intended purpose; (3) output measure means the tabulation calculation or recording of activity or effort and can be expressed in a quantitative or qualitative manner; (4) performance goal means a target level of performance expressed as a tangible measurable objective against which actual achievement can be compared including a goal expressed as a quantitative standard value or rate; (5) performance indicator means a particular value or characteristic used to measure output or outcome; (6) program activity means a specific activity or project as listed in me program and financing schedules of the annual budget of the united states (jovemment; and (7) program evaluation means an assessment through objective measurement and systematic analysis of the manner and extent to which federal programs achieve intended objectives  1116 program performance reports (a) no later than march 31 2000 and no later than march 31 of each year thereafter the head of each agency shall prepare and submit to the president and the congress a report on program performance for the previous fiscal year (b)(1) each program performance report shall set forth the performance indicators established in the agency performance plan under section 1115 along with the actual program performance achieved compared with the performance goals expressed in the plan for that fiscal year (2) if performance goals are specified in an alternative form under section 1115(b) the results of such program shall be described in relation to such specifications including whether the performance failed to meet the criteria of a minimsuly effective or successful program (c) the report for fiscal year 2000 shall include actual results for the preceding fiscal year the report for fiscal year 2001 shall include actual results for the two preceding fiscal years and the report for fiscal year 2002 and all subsequent reports shall include actual results for the three preceding fiscal years (d) each report shall (1) review the success of achieving the performeuice goals of the fiscal year; (2) evaluate the performance plan for the current fiscal year relative to the performance achieved toward the performance goals in the fiscal year covered by the report; (3) explain and describe where a performance goal has not been met (including when a program activits performance is determined not to have met the criteria of a successful program activity under section 1115(b)(l)(a)(ii) or a corresponding level of achievement if another alternative form is used) (a) why the goal was not met; (b) those plans and schedules for achieving the established performance goal; and public law 10362aug 3 1993 107 stat 289 (c) if the performance goal is impractical or infeasible why that is the case and what action is recommended; (4) describe the use and assess the effectiveness in achiev ing performance goals of any waiver under section 9703 of this title; and (5) include the summary findings of those program evalua tions completed during the fiscal year covered by the report (e) an agency head may include all program performance information required annually under this section in an annual financial statement required under section 3515 if any such statement is submitted to the congress no later than march 31 of the applicable fiscal year (f) the functions and activities of this section shall be considered to be inherently governmental functions the drafting of program performance reports under this section shall be performed only by federal employees  1117 exemption the director of the office of management and budget may exempt from the requirements of sections 1115 and 1116 of this title and section 306 of title 5 iny agency with annual outlays of $20000000 or less sec 5 managerial accountability and flexibility (a) managerial accountability and flexibilitychapter 97 of title 31 united states code is amended by adding after section 9702 the following new section: 9703 managerial accountability and flexibility (a) beginning with fiscal year 1999 the performance plans required under section 1115 may include proposals to waive administrative procedural requirements and controls including specification of personnel staffing levels limitations on compensation or remuneration and prohibitions or restrictions on funding transfers among budget object classification 20 and subclassifications 11 12 31 and 32 of each annual budget submitted under section 11()5 in return for specific individual or orgsuiization accountability to achieve a performance goal in preparing and submitting the performance plan under section 1105(a)(29) the director of the office of management and budget shall review and may approve any proposed waivers a waiver shall take effect at the beginning of the fiscal year for which the waiver is approved (b) any such proposal under subsection (a) shall describe the anticipated effects on performance resulting from greater managerial or organizational flexibility discretion and authority and shall quantify the expected improvements in performance resulting from any waiver the expected improvements shall be compared to current actual performance and to the projected level of performance that would be achieved independent of any waiver (c) any proposal waiving limitations on compensation or remuneration shall precisely express the monetary change in compensation or remuneration amounts such as bonuses or awards that shall result from meeting exceeding or failing to meet performance goals (d) any proposed waiver of procedural requirements or controls imposed by an agency (other than the proposing agency or the office of management and budget) may not be included in a 107 stat 290 public law 10362aug 3 1993 performance plan unless it is endorsed by the agency that established the requirement and the endorsement included in the proposing agencys performance plan (e) a waiver shall be in effect for one or two years as specified by the director of the office of management and budget in approving the waiver a waiver may be renewed for a subsequent year after a waiver has been in effect for three consecutive years the performance plan prepared under section 1115 may propose that a waiver other than a waiver of limitations on compensation or remuneration be made permanent (f) for purposes of this section the definitions under section 1115(f) shall apply sec 6 pilot projects (a) performance plans and reportschapter 11 of title 31 united states code is amended by inserting after section 1117 (as added by section 4 of this act) the following new section: 1118 pilot projects for performance goals (a) the director of the office of management and budget after consultation with the head of each agency shall designate not less than ten agencies as pilot projects in performance measurement for fiscal years 1994 1995 and 1996 the selected agencies shall reflect a representative range of grovemment functions and capabilities in measuring and reporting program performance (b) pilot projects in the designated agencies shall undertake the preparation of performance plans under section 1115 and program performance reports under section 1116 other than section 1116(c) for one or more of the major functions and operations of the agency a strategic plan shall be used when preparing agency performance plans during one or more years of the pilot period reports (c) no later than may 1 1997 the director of the office of management and budget shall submit a report to the president and to the congress which shall (1) assess the benefits costs and usefulness of the plans and reports prepared by the pilot agencies in meeting the purposes of tne government performance and results act of 1993; (2) identify any significant difficulties experienced by the pilot agencies in preparing plans and reports; and (3) set forth any recommended changes in the requirements of the provisions of government performance and results act of 1993 section 306 of title 5 sections 1105 1115 1116 11171119 and 9703 of this title and this section (b) managerial accountability and flexibilitychapter 97 of title 31 united states code is amended by inserting after section 9703 (as added by section 5 of this act) the following new section: 9704 pilot jrojects for managerial accountability and flexibility (a) the director of the office of management and budget shall designate not less than five agencies as pilot projects in managerial accountability and flexibility for fiscal years 1995 and 1996 such agencies shall be selected from those designated as pilot projects under section 1118 and shall reflect a representative public law 10362aug 3 1993 107 stat 291 range of grovernment functions and capabilities in measuring and reporting program performance (b) pilot projects in the designated agencies shall include proposed waivers in accordance with section 9703 for one or more of the major functions and operations of the agency (c) the director of the office of management and budget shall include in the report to the president ind to the congress required under section 1118(c) (1) an assessment of the benefits costs and usefulness of increasing managerial and organizational flexibility discretion and authority in exchange for improved performance through a waiver; and (2) an identification of any significant difficulties experienced by the pilot agencies in preparing proposed waivers (d) for purposes of this section the definitions under section 1115(f) shall apply (c) performance budgetingchapter 11 of title 31 united states code is amended by inserting after section 1118 (as added by section 6 of this act) the following new section: 1119 pilot projects for performance budgeting (a) the director of the office of management and budget after consultation with the head of each agency shall designate not less than five agencies as pilot projects in performance budgeting for fiscal years 1998 and 1999 at least three of the agencies shall be selected from those designated as pilot projects under section 1118 and shall also reflect a representative range of (jovernment functions and capabilities in measuring and reporting program performance (b) pilot projects in the designated agencies shall cover the preparation of performance budgets such budgets shall present for one or more of the major functions and operations of the agency the varying levels of performance including outcomerelated performance that would result from different budgeted amounts (c) the director of the office of management and budget shall include as an alternative budget presentation in the budget submitted under section 1105 for fiscal year 1999 the performance budgets of the designated agencies for this fiscal year (d) no later than march 31 2001 the director of the office reports of management and budget shall transmit a report to the president and to the congress on the performance budgeting pilot projects which shall (1) assess the feasibility and advisability of including a performance budget as part of the annual budget submitted under section 1105; (2) describe any difficulties encountered by the pilot agencies in preparing a performance budget; (3) recommend whether legislation requiring performance budgets should be proposed and the general provisions of any legislation; and (4) set forth any recommended changes in the other requirements of the government performance and results act of 1993 section 306 of title 5 sections 1105 1115 1116 1117 and 9703 of this title and this section (e) after receipt of the report required under subsection (d) the congress may specify that a performance budget be submitted as part of the annual budget submitted under section 1105 107 stat 292 public law 10362aug 3 1993 sec 7 united states postal service part iii of title 39 united states code is amended by adding at the end thereof the following new chapter: chapter 28strategic planning and performance management sec 2801 definitions 2802 strategic plans 2803 performance plans 2804 program performance reports 2805 inherently grovemmental functions 2801 definitions for purposes of this chapter the term (1) outcome measure refers to an assessment of the results of a program activity compared to its intended purpose; (2) output measure refers to the tabulation calculation or recording of activity or effort and can be expressed in a quantitative or qualitative manner; (3) performance goal means a target level of performance expressed as a tangible measurable objective against which actual achievement shall be compared including a goal expressed as a quantitative standard value or rate; (4) performance indicator refers to a particular value or characteristic used to measure output or outcome; (5) program activity means a specific activity related to the mission of the postal service; and (6) program evaluation means an assessment through objective measurement and systematic analysis of the manner and extent to which postal service programs achieve intended objectives  2802 strategic plans (a) no later than september 30 1997 the postal service shall submit to the president and the congress a strategic plan for its program activities such plan shall contain (1) a comprehensive mission statement covering the major functions and operations of the postal service; (2) genersd goals and objectives including outcomerelated goals and objectives for the major functions and operations of the postal service; (3) a description of how the goals and objectives are to be achieved including a description of the operational processes skills and technology and the human capital information and other resources required to meet those goals and objectives; (4) a description of how the performance goals included in the plan required under section 2803 shall be related to the general goals and objectives in the strategic plan; (5) an identification of those key factors external to the postal service and beyond its control that could significantly affect the achievement of the general goals and objectives; and (6) a description of the program evaluations used in establishing or revising general goals and objectives with a schedule for future program evaluations public law 10362aug 3 1993 107 stat 293 (b) the strategic plan shall cover a period of not less than five years forward from the fiscal year in which it is submitted and shall be updated and revised at least every three years (c) the performance plan required under section 2803 shall be consistent with the postal services strategic plan a performance plan may not be submitted for a fiscal year not covered by a current strategic plan under this section (d) when developing a strategic plan the postal service shall solicit and consider the views and suggestions of those entities potentially affected by or interested in such a plan and shall advise the congress of the contents of the plan  2803 performance plans (a) the postal service shall prepare an annual performance plan covering each program activity set forth in the postal service budget which shall be included in the comprehensive statement presented under section 2401(g) of this title such plan shall (1) establish performance goals to define the level of performance to be achieved by a program activity; (2) express such goals in an objective quantifiable and measurable form unless an alternative form is used imder subsection (b); (3) briefly describe the operational processes skills and technology and the human capital information or other resources required to meet the performance goals; (4) establish performance indicators to be used in measuring or assessing the relevant outputs service levels and outcomes of each program activity; (5) provide a basis for comparing actual program results with the estabushed performance goals; and (6) describe the means to be used to verify and validate measured values (b) if the postal service determines that it is not feasible to express the performance goals for a particular program activity in an objective quantifiable and measurable form the postal service may use an alternative form such alternative form shall (1) include separate descriptive statements of (a) a minimally effective program and (b) a successful program with sufficient precision and in such terms that would allow for an accurate independent determination of whether the program activitys performance meets the criteria of either description; or (2) state why it is infeasible or impractical to express a performance goal in any form for the program activity (c) in preparing a comprehensive and irdformative plan imder this section the postal service may aggregate disaggregate or consolidate program activities except that any aggregation or consolidation may not omit or minimize the significance of any program activity constituting a major function or operation (d) the postal service may prepare a nonpublic annex to its plan covering program activities or parts of program activities relating to (1) the avoidance of interference with criminal prosecution; or (2) matters otherwise exempt from public disclosure under section 410(c) of this title 107 stat 294 public law 10362aug 3 1993 2804 program performance reports (a) the postal service shall prepare a report on program performance for each fiscal year which shall be included in the annual comprehensive statement presented under section 2401(g) of this title (b)(1) the program performance report shall set forth the performance indicators established in the postal service performance plan along with the actual program performance achieved compared with the performance goals expressed in the plan for that fiscal year (2) if performance goals are specified by descriptive statements of a minimally effective program activity and a successful program activity the results of such program shall be described in relationship to those categories including whether the performance failed to meet the criteria of either category (c) the report for fiscal year 2000 shall include actual results for the preceding fiscal year the report for fiscal year 2001 shall include actual results for the two preceding fiscal years and the report for fiscal year 2002 and all subsequent reports shall include actual results for the three preceding fiscal years (d) each report shall (1) review the success of achieving the performance goals of the fiscal year; (2) evaluate the performance plan for the current fiscal year relative to the performance achieved towards the performance goals in the fiscal year covered by the report; (3) explain and describe where a performance goal has not been met (including when a program activitjrs performance is determined not to have met the criteria of a successful program activity under section 2803(b)(2)) (a) why the goal was not met; (b) those plans and schedules for achieving the established performance goal; and (c) if the performance goal is impractical or infeasible why that is the case and what action is recommended; and (4) include the summary findings of those program evalua tions completed during the fiscal year covered by the report  2805 inherently governmental functions the functions and activities of this chapter shall be considered to be inherently grovemmental functions the drafting of strategic plans performance plans ind program performance reports under this section shall be performed only by employees of the postal service 31 use 1115 sec 8 congressional oversight and legislation (a) in generalnothing in this act shall be construed as limiting the ability of congress to establish amend suspend or annul a performance goal any such action shall have the effect of superseding that goal in the plan submitted under section 1105(a)(29) of title 31 united states code public law 10362aug 3 1993 107 stat 295 (b)gao reportno later than june 1 1997 the comptroller general of the united states shall report to congress on the implementation of this act including the prospects for compliance by federal agencies beyond those participating as pilot projects under sections 1118 and 9704 of title 31 united states code sec 9 training 31 usc 1115 the office of personnel management shall in consultation with the director of the office of management and budget and the comptroller greneral of the united states develop a strategic planning and performance measurement training component for its management training program and otherwise provide managers with an orientation on the development and use of strategic planning and program performance measurement sec 10 application of act 31 usc 1115 no provision or amendment made by this act may be construed as (1) creating any right privilege benefit or entitlement for any person who is not an officer or employee of the united states acting in such capacity and no person who is not an officer or employee of the united states acting in such capacity shall have standing to file any civil action in a court of the united states to enforce any provision or amendment made by this act; or (2)superseding any statutory requirement including any requirement under section 553 of title 5 united states code sec 11 technical and conforming amendments (a) amendment to title 5 united states codethe table of sections for chapter 3 of title 5 united states code is amended by adding after me item relating to section 305 the following: 306 strategic plans (b) amendments to title 31 united states code (1) amendment to chapter iithe table of sections for chapter 11 of title 31 united states code is amended by adding after the item relating to section 1114 the following: 1115 performance plans 1116 program performance reports 1117 exemptions 1118 pilot projects for performance goals 1119 pilot projects for performance budgeting (2) amendment to chapter 97the table of sections for chapter 97 of title 31 united states code is amended by adding after the item relating to section 9702 the following: 9703 managerial accountability and flexibility 9704 pilot projects for managerial accountability and flexibility 69194 o 94 11 : ql 3 part 1 107 stat 296 public law 10362aug 3 1993 (c) amendment to title 39 united states codethe table of chapters for part iii of title 39 united states code is amended by adding at the end thereof the following new item: 8 strategic planning and performance management 2801 approved august 3 1993 legislative historys 20 (hr 826): house reports: no 103106 pt 1 accompanying hr 826 (comm on government operations) senate reports: no 10358 (comm on governmental affairs) congressional record vol 139 (1993): may 25 hr 826 considered and passed house june 23 s 20 considered and passed senate july 15 considered and passed house weekly compilation of presidential documents vol 29 (1993): aug 3 presidential remarks

Independent Offices Appropriation Act of 1953.txt

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+(document certified by superintendent of documents pkisupportgpogov) signed by superintendent of documents pkisupportgpogov time: 20121009 22:37:51 z reason: gpo attests that this document has not been altered since it was disseminated by gpo location: us gpo washington dc 20401 394 public law 455july 5 1952 66 stat 65 stat 268 60 stat 810 60 stat 23 60 stat 317 emergency fund for the president national defense for expenses necessary to enable the president through such ofncefs or agencies of the government as he may designate and without regard to such provisions of law regarding the expenditure of government funds or the compensation and employment of persons in the government service as he may specify to provide in his discretion for emergencies affecting the national interest security or defense which may arise at home or abroad during the current fiscal year $1000000 of the unexpended balance in this fund on june 30 1952 is hereby continued available during the fiscal year 1953: provided that no part of this appropriation shall be available for allocation to finance a function or project for which function or project a budget estimate of appropriation was transmitted pursuant to law during the second session of the eightysecond congress or the first session of the eighty third congress and such appropriation denied after consideration thereof by the senate or house of representatives or by the committee on appropriations of either body executive mansion and grounds for the care maintenance repair and alteration refurnishing improvement heating and lighting including electric power and fixtures of the executive mansion and the executive mansion grounds and traveling expenses to be expended as the president may determine notwithstanding the provisions of this or any other act $341200 together with not to exceed $26000 of the unobligated balance of funds appropriated for such purpose in the independent offices appropria tlou act 1952 bureau of the budget salaries and expenses: for expenses necessary for the bureau of the budget including newspapers and periodicals (not exceeding $200); teletype news service (not exceeding $900); not to exceed $59250 for expenses of travel; and not to exceed $20000 for services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) at rates not to exceed $50 per diem for individuals; $3461200 council of economic advisers salaries and expenses: for necessary expenses of the council in carrying out its functions under the employment act of 1946 (15 it s c 1021) including newspapers and periodicals (not exceeding $200); not to exceed $2475 for expenses of travel; and press clippings (not exceeding $300); $225000 to remain available until march 31 1953 independent offices american batple monuments commission salaries and expenses: for necessary expenses as authorized by the act of juue 26 1946 (36 u s c 121 123132 138) including the acquisition of land or interest in land in foreign countries; purchase and repair of uniforms for caretakers of national cemeteries and monuments outside of the united states and its territories and possessions at a cost not exceeding $500; not to exceed $11590 for expenses of travel; rent of office and garage space in foreign countries; and insurance of official motor vehicles in foreign countries when required by 66 stat public law 4 55july 5 1952 law of such countries; $400000 and in addition the commission is authorized to utilize for carrying out the purposes of this appropriation without dollar reimbursement from this or any other appropriation foreign currencies or credits owed to or owned by the treasury of the united states in an amount not exceeding $319550 and the secretary of the treasury is directed to make such foreign currencies or credits available to the commission in the amount stated: provided that where station allowance has been authorized by the department of the army for officers of the army serving the army at certain foreign stations the same allowance shall be authorized for officers of the armed forces assigned to the commission while serving at the same foreign stations and this appropriation is hereby made available for the payment of such allowance: provided further that when traveling on business of the commission officers of the armed forces serving as members or as secretary of the commission may be reimbursed for expenses as provided for civilian members of the commission construction of memorials and cemeteries: for expenses necessary for the permanent design and construction of memorials and cemeteries in foreign countries as authorized by the act of june 26 1946 (36 u s c 121 123132 138) and the act of august 5 1947 (50 u s c 1819) $500000 to remain available until expended and in addition the commission is authorized to utilize for carrying out the purposes of this appropriation without dollar reimbursement from this or any other appropriation foreign currencies or credits owed to or owned by the treasury of the united states in an amount not exceeding $4500000 and the secretary of the treasury is directed to make such foreign currencies or credits available to the commission in the amount stated to remain available until expended: provided that foreign currencies available to the credit of the treasury shall be used to defray expenses incurred for this purpose wherever atomic energy commission operating expenses: for necessary operating expenses of the commission in carrying out the purposes of the atomic energy act of 1946 including the employment of aliens; services authorized by section 15 of the act of august 2 1946 (5 u s c 55a); maintenance and operation of aircraft; publication and dissemination of atomic information; purchase repair and cleaning of uniforms; purchase of newspapers and periodicals (not to exceed $4000); official entertainment expenses (not to exceed $5000) ; not to exceed $2509350 for expenses of travel; reimbursement of the general services administration for security guard services; and not to exceed $23564275 for program direction and administration personnel; $708986500 together with the unexpended balances as of june 30 1952 of prior year appropriations to the atomic energy commission and such balances shall be available for the payment of obligations incurred by the commission in connection with the construction of plants and the acquisition and installation of equipment: provided that of such amounts $100000 may be expended for objects of a confidential nature and in any such case the certificate of the commission as to the amount of the expenditure and that it is deemed inadvisable to specify the nature thereof shall be deemed a sufficient voucher for the sum therein expressed to have been expended: provided further that from this appropriation transfers of sums may be made to other agencies of the government for the performance of the work for which this appro station allowance officers of armed forces expenses 60 stat 317 61 stat 779 50 use app 119 60 stat 775 42 use 1801 note 60 stat 810 transfer of funds 396 public law 455july 5 1952 66 s t at salary res t riction 63 stat 954 5 us e 1071 note costplusa fixedfee contract etc unexpended balances c onstruction projects limitations audit by gao transfers of funds priation is made and in such cases the sums so transferred may be merjred with the appropriation to which transferred: provided further that no part of this appropriation shall be used to pay the salary of any officer or employee (except such officers and employees whose compensation is fixed by law and scientific and technical personnel) whose position would be subject to the classification act of 1949 as amended if such act were applicable to such position at a rate in excess of the rate payable under such act for positions of equivalent difficulty or responsibility: provided further that no part of this appropriation shall be used in connection with the payment of a fixed fee to any contractor or firm of contractors engaged under a costplusa fixedfee contract or contracts at any installation of the commission where that fee for community management is at a rate in excess of $90000 per annum or for the operation of a transportation system where that fee is at a rate in excess of $45000 per annum plant and equipment: for expenses of the commission in connection with the purchase and construction of plant and the acquisition of equipment and other expenses incidental thereto necessary in carrying out the purposes of the atomic energy act of 1946 including purchase of land and interests in land; purchase of aircraft; and purchase of not to exceed two hundred and twentyfive passenger motor vehicles of which one hundred and sixtyfive shall be for replacement only; $371741000: provided that there shall be transferred to and merged with this appropriation that portion of the unexpended balances of prior year appropriations included under the appropriation for operating expenses which is applicable to plant and equipment and amounts so transferred together with the foregoing appropriation shall remain available until june 30 1953: provided further that no part of this appropriation shall be used (a) to start any new construction project for which an estimate was not included in the budget for the current fiscal year; (b) to start any new construction project the currently estimated cost of which exceeds by thirtyfive per centum the estimated cost included therefor in such budget liquidation of contract authority: for expenditure by the commission to liquidate obligations incurred under prior year contract authority $57000000 no part of the appropriations herein made to the atomic energy commission shall be available for payments under any contract hereafter negotiated without advertising by the commission except contracts with any foreign government or any agency thereof and contracts for source material with foreign producers unless such contract includes a clause to the effect that the comptroller general of the united states or any of his duly authorized representatives shall until the expiration of three years after final payment have access to and the right to examine any directly pertinent books documents papers and records of the contractor or any of his subcontractors engaged in the performance of and involving transactions related to such contracts or subcontracts: provided that no part of such appropriations shall be available for payments under any such contract which includes any provision precluding an audit by the general accounting office of any transaction under such contract any appropriation available under this act or heretofore made to the atomic energy commission may initially be used during the fiscal year 1953 to finance the procurement of materials services or other costs which are a part of work or activities for which funds have been provided in any other appropriation available to the commission: provided that appropriate transfers or adjustments between 66 stat  public law 455july 5 1952 such appropriations shall subsequently be made for such costs on the basis of actual application determined in accordance with generally accepted accounting principles not to exceed 5 per centum of any appropriation under this head may be transferred to any other such appropriation but no such appropriation shall be increased by more than 5 per centum by any such transfers reduction in contract authority: contract authority available to the commission is hereby reduced by $635623 civil service commission salaries and expenses: for necessary expenses including not to exceed $29000 for services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) ; not to exceed $10000 for medical examinations performed for veterans by private physicians on a fee basis; travel expenses of examiners acting under the direction of the commission and expenses of examinations and investigations held in washington and elsewhere; not to exceed $100 for the purchase of newspapers and periodicals (excluding scientific technical trade or traffic periodicals for official use); payment in advance for library membership in societies whose publications are available to members only or to members at a price lower than to the general public; not to exceed $65000 for performing the duties imposed upon the commission by the act of july 19 1940 (54 stat 767); reimbursement of the general services administration for security guard services for protection of confidential files; not to exceed $479250 for expenses of travel; and not to exceed $5000 for actuarial services by contract without regard to section 3709 revised statutes as amended; $18703350: provided that no details from any executive department or independent establishment in the district of columbia or elsewhere to the commissions central office in washington or to any of its regional offices shall be made during the current fiscal year but this shall not affect the making of details for service as members of the boards of examiners outside the immediate offices of the commission in washington or of the regional directors nor shall it affect the making of details of persons qualified to serve as expert examiners on special subjects: provided further that the civil service commission shall have power in case of emergency to transfer or detail any of its employees to or from its office or field force: provided further that members of the loyalty review board in washington and of the regional loyalty boards in the field may be paid actual transportation expenses and per diem in lieu of subsistence authorized by the travel expense act of 1949 while traveling on official business away from their homes or regular places of business and while en route to and from and at the place where their services are to be performed: provided further that nothing in section 281 or 283 of title 18 united states code or in section 190 of the revised statutes (5 u s c 99) shall be deemed to apply to any person because of his appointment for parttime or intermittent service as a member of the loyalty review board or a regional loyalty board in the civil service commission no part of the appropriations herein made to the civil service commission shall be available for the salaries and expenses of the legal examining unit in the examining and personnel utilization division of the commission established pursuant to executive order numbered 9358 of july 1 1943 or for the compensation or expenses of any member of a board of examiners (1) who has not made affidavit that he has not appeared in any agency proceeding within the preceding two years and will not thereafter while a board member appear restriction 60 stat 810 5 us e 118118k 118n 41 use 5 emergency transfer etc loyalty review board 63 stat 166 5 us e 835 note 62 stat 697 legal examining unit 3 e f r 194 3 supp p 30 compensation of certain board mem bers 398 public law 455july 5 1952 66 s t at 60 stat 237 5 use 1001 compensation of officers allocating supervisory positions age limitation 58 stat 258 33 use 771775 41 stat 614 5usc691etseq 48 stat 1064 47 use 609 36 stat 629 3 c f r 1949 ed p 190 (eg 6779) 50 stat 1146 60 stat 810 in any agency proceeding as a party or in behalf of a party to the proceeding before an agency in which an applicant is employed who has been rated or will be rated by such member; or (2) who after making such affidavit has rated an applicant who at the time of the rating is employed by an agency before which the board member has appeared as a party or in behalf of a party within the preceding two years: provided that the definitions of agency agency proceeding and party in section 2 of the administrative procedure act shall apply to these terms as used herein no part of appropriations herein shall be used to pay the compensation of officers and employees of the civil service commission who allocate or reallocate supervisory positions in the classified civil service solely on the size of the group section bureau or other organization unit or on the number of subordinates supervised references to size of the group section bureau or other organization unit or the number of subordinates supervised may be given effect only to the extent warranted by the workload of such organization unit and then only in combination with other factors such as the kind difficulty and complexity of work supervised the degree and scope of responsibility delegated to the supervisor and the kind degree and value of the supervision actually exercised the civil service commission shall not impose a requirement or limitation of maximum age with respect to the appointment of persons to positions in the competitive service except such positions as the civil service commission may publish from time to time in such form and manner as it may determine: provided that no person who has reached his seventieth birthday shall be appointed in the competitive civil service on other than a temporary basis annuities panama canal construction employees and lighthouse service widows: for payment of annuities authorized by the act of may 29 1944 as amended (48 u s c 1373a) and the act of august 191950 (64 stat 465) $2707000 payment to civilservice retirement and disability fund: for financing the liability of the united states created by the act approved may 22 1920 and acts amendatory thereof (5 u s c ch 14) $321450000 which amount shall be placed to the credit of the civilservice retirement and disability fund federal communications commission salaries and expenses: for necessary expenses in performing the duties imposed by the communications act of 1934 (47 u s c 151) the ship act of 1910 as amended (46 u s c 484487) the international radiotelegraphic convention (45 stat pt 2 p 2760) executive order 3513 dated july 9 1921 as amended under date of june 30 1934 relating to applications for submarine cable licenses and the radiotelegraphy provisions of the convention for promoting safety of life at sea (50 stat 1121) including newspapers (not to exceed $175) land and structures (not to exceed $3000) special counsel fees improvement and care of grounds and repairs to buildings (not to exceed $17500) purchase of not to exceed ten passenger motor vehicles for replacement only and services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) $6408460 of which not to exceed $88525 shall be available for expenses of travel federal power commission salaries and expenses: for expenses necessary for the work of the commission as authorized by law including not to exceed $202500 66 stat  public law 455july 5 1952 for expenses of travel; purchase (not to exceed one for replacement only) and hire of passenger motor vehicles; and not to exceed $500 for newspapers; $4085700 of which not to exceed $10000 shall be available for special counsel and services as authorized by section 15 of the act bf august 2 1946 (5 u s c 55a) but at rates not exceeding $50 per diem for individuals federal trade commission salaries and expenses: for necessary expenses of the federal trade commission including contract stenographic reporting services not to exceed $500 for newspapers and not to exceed $142235 for expenses of travel $4053800: provided that no part of the funds appropriated herein for the federal trade commission shall be expended upon any investigation hereafter provided by concurrent resolution of the congress until funds are appropriated subsequently to the enactment of such resolution to finance the cost of such investigation general accounting office salaries: for personal services $30100000 miscellaneous expenses: for necessary expenses including not to exceed $1062500 for expenses of travel $1960000 appropriations for the general accounting office shall be available for newspapers and periodicals (not exceeding $500) and services as authorized by section 15 of the act of august 21946 (5 u s c 55a) the fourth paragraph under the heading general accounting office in public law 137 approved august 31 1951 (65 stat 274) is amended by changing two positions in grade gs18 to four positions in grade gs18 and seven positions in grade gs16 to thirteen positions in grade gs16 general services administration executive direction and staff operations: for necessary expenses in the performance of executive direction and staff operations for activities under the control of the general services administration; including not to exceed $97385 for expenses of travel; not to exceed $250 for purchase of newspapers and periodicals; and processing and determining net renegotiation rebates; $4140750 public buildings service: for necessary expenses of real property management and related activities as provided by law; including the salary of the commissioner of public buildings at the rate of $16500 per annum so long as the position is held by the present incumbent; repair and improvement of public buildings and grounds (including furnishings and equipment) under the control of the general services administration; rental of buildings in the district of columbia; restoration of leased premises; moving government agencies in connection with the assignment allocation and transfer of building space; demolition of buildings; acquisition by purchase or otherwise and disposal by sale or otherwise of real estate and interests therein; purchase of not to exceed three passenger motor vehicles for replacement only; and not to exceed $177335 for expenses of travel; $101046030: provided that the foregoing appropriation shall not be available to effect the moving of government agencies from the district of columbia into buildings acquired to accomplish the dispersal of departmental functions of the executive establishment into areas outside of but accessible to the district of columbia 60 stat 810 60 stat 810 commissioner o:f public buildings dispersal of departmental functions public law 455july 5 1952 66 s t at nars advance s and reimbursements 61 stat 584 62 stat 1225 type wr it ing machines federal supply service: for necessary expenses of personal property management and related activities as provided by law; including not to exceed $250 for the purchase of newspapers and periodicals; not to exceed $77600 for expenses of travel; and the purchase of not to exceed one passenger motor vehicle for replacement only; $2154100 national archives and records service: for necessary expenses in connection with federal records management and related activities as provided by law; including preparation of guides and other finding aids to records of the second world war; purchase of not to exceed one passenger motor vehicle for replacement only; and not to exceed $23340 for expenses of travel; $4868200 the appropriate foregoing appropriation to the general services administration shall be credited with (1) advances or reimbursements for salaries and administrative expenses chargeable against other appropriations of the general services administration and such salaries and expenses may be paid from such foregoing appropriation; (2) cost of maintenance upkeep and repair included as part of rentals received from government corporations pursuant to law (40 u s c 129); (3) reimbursements for services performed in respect to bonds and other obligations under the jurisdiction of the general services administration issued by public authorities states or other public bodies and such services in respect to such bonds or obligations as the administrator deems necessary and in the public interest may upon the request and at the expense of the issuing agencies be provided from the appropriate foregoing appropriation; and (4) appropriations or funds available to other agencies and transferred to the general services administration in connection with property transferred to the general services administration pursuant to the act of july 2 1948 (50 u s c 451ff) and such appropriations or funds may with the approval of the bureau of the budget be so transferred during the current fiscal year no part of any money appropriated in this or any other act shall be used during any quarter of such fiscal year to purchase within the continental limits of the united states typewriting machines (except bookkeeping and billing machines) at a price which exceeds 90 per centum of the lowest net cash price plus applicable federal excise taxes accorded the mostfavored customer (other than the government the american national red cross and the purchasers of typewriting machines for educational purposes only) of the manufacturer of such machines during the sixmonth period immediately preceding such quarter: provided that the purchase utilization and disposal of typewriting machines shall be performed in accordance with the provisions of the federal property and ad 63 stat 377; 64 ministrative services act of 1949 as amended stat 578 41 use 201 note for necessary emergency expenses of the general services administration not otherwise provided for for operation maintenance protection repair alterations and improvements of public buildings and grounds (including furnishings and equipment) to the extent that such buildings and grounds are under the control of the general services administration for such purposes as are provided for in public law 152 eightyfirst congress as amended; rental of buildings or parts thereof in the district of columbia and elsewhercj including repairs alterations and improvements necessary for proper use by the government without regard to section 322 of the act of june 30 1932 as 47 stat 412 amended (40 u s c 278a); restoration of leased premises; moving government agencies in connection with the assignment allocation and transfer of building space; not to exceed $24300 for expenses of travel; and payment of per diem employees employed in connection 66 stat  public law 455july 5 1952 with any of the foregoing functions at rates approved by the administrator of general services or his designee not exceeding current rates for similar services in places where such services are employed; $22668250: provided that of this amount such sums as may be determined by the general services administrator to be necessary may be paid into other appropriations of the general services adminr itration only for purposes of accounting: provided further that no part of this appropriation shall be available to effect the moving of government agencies from the district of columbia to accomplish the dispersal of departmental functions renovation and improvement of federally owned buildings outside the district of columbia: for expenses necessary for continuing the program for the renovation and improvement of federally owned buildings outside the district of columbia for which funds are not otherwise available including appurtenances and approaches thereto that are under the control of the general services administration for repair and preservation as authorized by title iii of the act of june 16 1949 (public law 105) $4750000 to remain available until expended of which not to exceed $37550 shall be available for expenses of travel repair preservation and equipment outside the district of columbia : for expenses necessary for the repair alteration improvement joreservation and equipment not otherwise provided for of completed federal buildings the grounds and approaches thereof wharves and piers together with the necessary dredging adjacent thereto and care and safeguarding of sites acquired for federal buildings; the demolition of buildings thereon; and the purchase and repair of equipment and fixtures in buildings under the administration of the general services administration; $9250000 of which not to exceed $74500 shall be available for expenses of travel refunds under renegotiation act: for refunds under section 201 (f) of the renegotiation act of 1951 $9300000 which together with the unobligated balance of the appropriation granted under this head for the fiscal year 1952 shall remain available until june 30 1954: provided that to the extent refunds are made from this appropriation of excessive profits collected under the renegotiation act and retained by the reconstruction finance corporation or any of its subsidiaries the reconstruction finance corporation or the appropriate subsidiary shall reimburse this appropriation expenses general supply fund: for expenses necessary for operation of the general supply fund (except those authorized hy law to be charged to said fund) including contractual services incident to receiving handling and shipping warehouse items and including not to exceed $450 for purchase of newspapers and periodicals; and not to exceed $133900 for expenses of travel; $14536500; provided that the general supply fund shall be available for the purchase of not to exceed five passenger motor vehicles for replacment only for the purposes of this appropriation for necessary expenses in carrying out the provisions of the strategic and critical materials stock piling act of july 231946 including services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) not to exceed $160425 for expenses of travel and the purchase of not to exceed two passenger motor vehicles for replacement only $203979000 to remain available until expended of which $70000000 is for liquidation of obligations incurred pursuant to authority heretofore granted under this head: provided that any funds received as proceeds from sale or other disposition of materials on account of the rotation of stocks under said act shall be deposited to the credit and be available for expenditure restriction buildings side d c 63 stat 198 40 use 2 9 7 297a 65 stat 23 5 0 use a pp 1231 60 stat 596 50 use 98 note 60 stat 810 402 public law 455july 5 1952 66 s t at  for the purposes of this appropriation: provided further that during the current fiscal year there shall be no limitation on the value of surplus strategic and critical materials which in accordance with subsection 6 (a) of the act of july 23 1946 (50 u s c 98e (a)) may be transferred to stockpiles established in accordance with said act reduonon in contract authorizations contract authorizations available to the general services administration under the headings hereinafter set forth are hereby reduced in the following amounts: construction of public buildings outside the district of columbia $29500000 federal courts building district of columbia $3875000 housing and home finance agency omc e of the administrator salaries and expenses: for necessary expenses of the office of the administrator including rent in the district of columbia; services as authorized by section 15 of the act of august 2 1946 (5 u s c 60 stat 810 55a); not to exceed $237500 for expenses of travel; expenses of attendance at meetings of organizations concerned with the work of the agency; and transportation expenses and not to exceed $25 per diem in lieu of subsistence as authorized by section 5 of the act of 60 stat 903 august 2 1946 (5 u s c 73b2) for persons serving without compensation as members of any advisory committee established pursuant 63 stat 439 to title vi of the housing act of 1949; $4606000: provided that 12 use 1701h necessary expenses of inspections and of providing representatives at the site of projects being undertaken by local public agencies pursuant 63 stat 414 to title i of the housing act of 1949 and of projects financed through 42 use 145 1 1460 loans to educational institutions authorized by title iv of the housing 64 stat 77 act of 1950 shall be compensated by such agencies or institutions by 12 use 1 749 1749c the payment of fixed fees which in the aggregate will cover the costs of rendering such services and expenses for such purpose shall be considered nonadministrative; and for the purpose of providing such inspections the administrator may utilize any agency and such agency may accept reimbursement or payment for such services from such institutions or the administrator and shall credit such amounts to the appropriations or funds against which such charges have been made but such nonadministrative expenses shall not exceed $455000 defense community facilities and services: during the current fiscal year not to exceed $112500 of the appropriation granted under 65 stat 760 this head in the second supplemental appropriation act 1952 shall be available for administrative expenses in connection with the construction of facilities under such appropriation public housing administration annual contributions: for the payment of annual contributions to public housing agencies in accordance with section 10 of the united 50 stat 891 states housing act of 1937 as amended (42 u s c 1410) $29880000: c i t i z e nship of provided that except for payments required on contracts entered tenant into prior to april 18 1940 no part of this appropriation shall be available for payment to any public housing agency for expenditure in connection with any lowrent housing project unless the public housing agency shall have adopted regulations prohibiting as a tenant of any such project by rental or occupancy any person other than a 66 stat  public law 455july 5 1952 citizen of the united states but such prohibition shall not be applicable in the case of a family of any serviceman or the family of any veteran who has been discharged (other than dishonorably) from or the family of any serviceman who died in the armed forces of the united states within four years prior to the date of application for admission to such housing: provided further that all expenditures of this appropriation shall be subject to audit and final settlement by the comptroller general of the united states under the provisions of the budget and accounting act of 1921 as amended: provided further that notwithstanding the provisions of the united states housing act of 1937 as amended the public housing administration shall not with respect to projects initiated after march 1 1949 (1) authorize during the fiscal year 1953 the commencement of construction of in excess of thirtyfive thousand dwelling units or (2) after the date of approval of this act enter into any agreement contract or other arrangement which will bind the public housing administration with respect to loans annual contributions or authorizations for commencement of construction for dwelling units aggregating in excess of thirtyfive thousand to be authorized for commencement of construction during any one fiscal year subsequent to the fiscal year 1953 unless a greater number of units is hereafter authorized by the congress: provided further that the public housing administration shall not after the date of approval of this act authorize the construction of any projects initiated before or after march 11949 in any locality in which such projects have been or may hereafter be rejected by the governing body of the locality or by public vote unless such projects have been subsequently approved by the same procedure through which such rejection was expressed: pro vided further that no housing unit constructed under the united states housing act of 1937 as amended shall be occupied by a person who is a member of an organization designated as subversive by the attorney general: provided further that the foregoing prohibition shall be enforced by the local housing authority and that such prohibition shall not impair or affect the powers or obligations of the public housing administration with respect to the making of loans and annual contributions under the united states housing act of 1937 as amended administrative expenses: for administrative expenses of the public housing administration $8000000 to be merged with and expended under the authorization for such expenses contained in title iii of this act indian claims commission salaries and expenses: for expenses necessary to carry out the purposes of the act of august 13 1946 (25 u s c 70) creating an indian claims commission $91400 of which not to exceed $2275 shall be available for expenses of travel interstate commerce commission general expenses: for expenses necessary in performing the functions vested by law in the commission (49 u s c 1 301327 901923 10011022) except those otherwise specifically provided for in this act and for general administration including not to exceed $5000 for the employment of special counsel; contract stenographic reporting services; newspapers (not to exceed $200); not to exceed $230650 for expenses of travel; and purchase of nine passenger motor vehicles for replacement only; $9319500 of which $100000 shall be 93300 o 53 audit and settlement 42 stat 20 31 use 1 50 stat 891 42 use 1430 50 stat 888 42 use 1430 60 stat 1049 404 public law 455july 5 1952 66 st at government transportation requests 34 stat 838 35 stat 325 41 stat 498 36 stat 913 33 use 567b  60 stat 810 available for valuations of pipe lines: provided that joint board members and cooperating state commissioners may use government transportation requests when traveling in connection with their duties as such railroad safety: for expenses necessary in performing functions authorized by law (45 u s c 115172135466164; 49 u s c 26) to insure a maximum of safety in the operation of railroads including authority to investigate test experimentally and report on the use and need of any appliances or systems intended to promote the safety of railway operation including those pertaining to blocksignal and traincontrol systems as authorized by the joint resolution approved june 30 1906 and the sundry civil act of may 27 1908 (45 u s c 3537) and to require carriers by railroad subject to the act to install automatic trainstop or traincontrol devices as prescribed by the commission (49 u s c 26) including the employment of inspectors and engineers and including not to exceed $163050 for expenses of travel $974500 locomotive inspection: for expenses necessary in the enforcement of the act of february 171911 entitled an act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their locomotives with safe and suitable boilers and appurtenances thereto as amended (45 u s c 2234) including not to exceed $112620 for expenses of travel $709500 interstate commission on the potomac river basin contribution to interstate commission on the potomac river basin: to enable the secretary of the treasury to pay in advance to the interstate commission on the potomac river basin the federal contribution toward the expenses of the commission during the current fiscal year in the administration of its business in the conservancy district established pursuaut to the act of july 11 1940 (54 stat 748) $5000 national advisory committee for aeronautics salaries and expenses: for necessary expenses of the committee including one director at not to exceed $17500 per annum so long as the position is held by the present incumbent and including contracts for the making of special investigations and reports and for engineering drafting and computing services; equipment; not to exceed $240050 for expenses of travel; maintenance and operation of aircraft; purchase of four passenger motor vehicles for replacement only; not to exceed $100 for newspapers and periodicals; and services as authorized by section 15 of the act of august 2 1946 (5 xj s c 55a) ; $48586100 construction and equipment: for construction and equipment at laboratories and research stations of the committee to remain available until expended $17700000 of which $1000000 shall be available for payments under contracts entered into pursuant to the contract authority heretofore granted under this head national capital housing authority maintenance and operation of properties: for the maintenance and operation of properties under title i of the district of columbia alley c cod 5103 dwelling authority act $45000: provided that all receipts derived to 5111 66 stat  public law 455july 5 1952 from sales leases or other sources shall be covered into the treasury of the united states monthly: provided further that so long as funds are available from appropriations for the foregoing purposes the provisions of section 507 of the housing act of 1950 (public law 475 eightyfirst congress) shall not be eflfective national capital park and planning commission land acquisition national capital park parkway and playground system: for necessary expenses for the national capital park and planning commission in connection with the acquisition of land for the park parkway and playground system of the national capital as authorized by section 4 of the act of may 29 1930 (46 stat 482) including services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) and real estate appraisers by contract or otherwise without regard to the civil service and classification laws at rates of pay or fees not to exceed those usual for similar services; and purchase of options; $66000 to remain available until expended: provided that not exceeding $24940 of the funds available for land acquisition purposes shall be used during the current fiscal year for necessary expenses of the commission (other than payments for land) in connection with land acquisition national science foundation salaries and expenses: for expenses necessary to carry out the purposes of the national science foundation act of 1950 (42 u s c 18611875) including award of graduate fellowships; services as authorized by section 15 of the act of august 21946 (5 u s c 55a) at rates not to exceed $50 per diem for individuals; hire of passenger motor vehicles; not to exceed $118750 for expenses of travel; and reimbursement of the general services administration for security guard services; $4750000 to remain available until expended renegotiation board salaries and expenses for necessary expenses of the renegotiation board including expenses of attendance at meetings concerned with the purposes of this appropriation; hire of passenger motor vehicles; not to exceed $235500 for expenses of travel; services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) at rates not to exceed $50 per diem for individuals; and rents in the district of columbia; $5407800 securities and exchange commission salaries and expenses: for necessary expenses including not to exceed $500 for the purchase of newspapers; not to exceed $101250 for expenses of travel; and services as authorized by section 15 of the act of august 21946 (5 u s c 55a); $5245080 64 stat 81 dc code 8102 note limitation 64 stat 149 60 stat 810 60 stat 810 60 stat 810 406 public law 455july 5 1952 66 stat selective sekvice system salaries and expenses for expenses necessary for the operation and maintenance of the 5058 cf app selective service system as authorized by title i of the universal 45:47i military training and service act (62 stat 604) as amended including services as authorized by section 15 of the act of august 2 1946 60 stat 810 g g q 55  jq q excced $250 for the purchase of newspapers and periodicals; not to exceed $78125 for expenses of travel national administration planning training and records management; not to exceed $408925 for expenses of travel state administration planning training and records servicing; $92500 for the national selective service appeal board of which not to exceed $3875 shall be available for expenses of travel; and $215200 for the national advisory committee on the selection of doctors dentists and allied specialists of which not to exceed $45000 shall be available for expenses of travel; $36772000: provided that during the current fiscal year the president may exempt this appropriation from the 31 use 665 provisions of subsection (c) of section 3679 of the revised statutes as amended whenever he deems such action to be necessary in the interest of national defense appropriations for the selective service system may be used for the destruction of records accumulated under the selective training 5ous1:appf3i8  scrvice act of 1940 as amended which are hereby authorized to be destroyed by the director of selective service after compliance with the procedures for the destruction of records prescribed pursuant to the records disposal act of 1943 as amended (44 u s c 36657 stat 380 380): provided that no records may be transferred to any other agency without the approval of the director of selective service smithsonian institution salaries and expenses smithsonian institution: for all necessary expenses for the preservation exhibition and increase of collections from the surveying and exploring expeditions of the government and from other sources; for the system of international exchanges between the united states and foreign countries; for anthropological researches among the american indians and the natives of lands under the jurisdiction or protection of the united states independently or in cooperation with state educational and scientific organizations in the united states and the excavation and preservation of archeological remains; for maintenance of the astrophysi cal observatory and making necessary observations in high altitudes; for the administration of the national collection of fine arts; for the administration and for the constuction and maintenance of laboratory and other facilities on barro colorado island canal zone under the provisions of the act of july 2 1940 as amended by the proviso usc 3yi6 sions of reorganization plan numbered 3 of 1946; for the mainte ote nance and administration of a national air museum as authorized by 60 stat 997 the act of august 12 1946 (20 u s c 77) ; including not to exceed $35000 for services as authorized by section 15 of the act of august 60 stat 810 2 1946 (5 u s c 55a) ; not to exceed $10225 for expenses of travel; purchase repair and cleaning of uniforms for guards and elevator conductors; repairs and alterations of buildings and approaches; and preparation of manuscripts drawings and illustrations for publication; $2419500: provided that this appropriation shall be available for the repair alteration improvement preservation and 66 stat public law 455july 5 1952 equipment of leased premises and the construction of auxiliary and appurtenant temporary structures ramps roadways and approaches thereto at the chicago international airport ohare field park ridge illinois to house the national air museum storage collections salaries and expenses national gallery of art: for the upkeep and operation of the national gallery of art the protection and care of the works of art therein and administrative expenses incident thereto as authorized by the act of march 24 1937 (50 stat 51) as amended by the public resolution of april 13 1939 (public resolution 9 20 vie il seventysixth congress) including services as authorized by section 60 stat 810 15 of the act of august 2 1946 (5 it s c 55a) ; payment in advance when authorized by the treasurer of the gallery for membership in library museum and art associations or societies whose publications or services are available to members only or to members at a price lower than to the general public; purchase repair and cleaning of uniforms for guards and elevator operators; purchase or rental of devices and services for protecting buildings and contents thereof and maintenance and repair of buildings approaches and grounds; not to exceed $1800 for expenses of travel; and not to exceed $15000 for restoration and repair of works of art for the national gallery of art by contracts made without advertising with individuals firms or organizations at such rates or prices and under such terms and conditions as the gallery may deem proper; $1240550 subversive activities control board salaries and expenses: for necessary expenses of the subversive activities control board including services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) not to exceed $5500 so stat sic for expenses of travel and not to exceed $100 for the purchase of newspapers and periodicals $291305 together with not to exceed $20000 of the unobligated balance of funds appropriated for this purpose in 65 stat 280 the independent offices appropriation act 1952 tariff commission salaries and expenses: for necessary expenses of the tariff commission including subscriptions to newspapers (not to exceed $200) not to exceed $13500 for expenses of travel and contract stenographic reporting services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) $1291375: provided that no part of this sappropriation shall be used to pay the salary of any member of the tariff commission who shall hereafter participate in any proceedings under sections 336 337 and 338 of the tariff act of 1930 wherein he t guljvia 6or any member of his family has any special direct and pecuniary i338 interest or in which he has acted as attorney or special representative tennessee valley authority for the purpose of carrying out the provisions of the tennessee valley authority act of 1933 as amended (16 u s c ch 12a) teuscaiincluding purchase (not to exceed two) and hire maintenance and 83ih2 operation of aircraft; the purchase (not to exceed two hundred and twenty of which one hundred and fifty shall be for replacement only) and hire of passenger motor vehicles $186027000 to remain available until expended and to be available for the payment of obligations chargeable against prior appropriations: provided that no restriction funds appropriated for the tennessee valley authority by this para 408 public law 455july 5 1952 66 st at 60 stat 810 38 use note foil ch 12 25 stat 450 visual education information public relations work construct ion etc restrictions graph shall be used for the maintenance or operation of any aircraft for passenger service that is not specifically confined to the active operation of the official business of the tennessee valley authority by officers or employees of such authority and not to exceed $1546650 of funds available to the tennessee valley authority shall be used for expenses of travel the tax court of the united states salaries and expenses: for necessary expenses including contract stenographic reporting services and not to exceed $35000 for travel expenses $900000: provided that travel expenses of the judges shall be paid upon the written certificate of the judge  veterans administration administration medical hospital and domiciliary services: for necessary expenses of the veterans administration including maintenance and operation of medical hospital and domiciliary services in carrying out the functions pursuant to all laws for which the administration is charged with administering including purchase of thirtyeight passenger motor vehicles for replacement only; services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) ; maintenance and operation of farms; recreational articles and facilities at institutions maintained by the veterans administration; expenses incidental to securing employment for war veterans; funeral burial and other expenses incidental thereto for beneficiaries of the veterans administration except burial awards authorized by veterans administration regulation numbered 9 (a) as amended; aid to state or territorial homes in conformity with the act approved august 27 1888 as amended (24 u s c 134) for the support of veterans eligible for admission to veterans administration facilities for hospital or domiciliary care; not to exceed $6000 for newspapers and periodicals; not to exceed $3530700 for expenses of travel of employees; not to exceed $45300 for the preparation shipment installation and display of exhibits photographic displays moving pictures and other visual educational information and descriptive material including the purchase or rental of equipment; $843382260 together with not to exceed $12500000 of the unobligated balance of funds appropriated for this purpose in the independent offices appropriation act 1952 from which allotments and transfers may be made to the federal security agency (public health service) the army navy and interior departments for disbursements by them under the various headings of their applicable appropriations of such amounts as are necessary for the care and treatment of beneficiaries of the veterans administration: provided that no part of this appropriation shall be used to pay in excess of seventy persons engaged in public relations work: provided further that no part of this appropriation shall be expended for the purchase of any site for or toward the construction of any new hospital or home or for the purchase of any hospital or home; and this appropriation may be used to repair alter improve or provide facilities in the several hospitals and homes under the jurisdiction of the veterans administration not otherwise provided for either by contract or by the hire of temporary employees and the purchase of materials   66 stat  public law 455july 5 1952 compensation and pensions: for the payment of compensation pensions gratuities and allowances (including subsistence allowances authorized by part vii of veterans regulation la as amended) authorized under any act of congress or regulation of the president based thereon including emergency officers retirement pay and annuities the administration of which is now or may hereafter be placed in the veterans administration and for the payment of adjusted service credits as provided in sections 401 and 601 of the act of may 19 1924 as amended (38 u s c 631 and 661) $2204351000 to be immediately available and to remain available until expended readjustment benefits: for the payment of benefits to or on behalf of veterans as authorized by titles ii iii and v of the servicemens readjustment act of 1944 $558907200 to be immediately available and to remain available until expended military and naval insurance: for military and naval insurance $6854000 to remain available until expended hospital and domiciliary facilities: for hospital and domiciliary facilities for extending with the approval of the president any of the facilities under the jurisdiction of the veterans administration or for any of the purposes set forth in sections 1 and 2 of the act approved march 4 1931 (38 u s c 438jk) or in section 101 of the servicemens readjustment act of 1944 (38 u s c 693a) to remain available until expended $108791000 of which $59000000 is for payment of obligations heretofore authorized to be incurred under this head: provided that no part of the foregoing appropriation shall be used to commence any major alteration improvement or repair unless funds are available for the completion of such work; and no funds shall be used for such work at any facility if the veterans administration is reasonably certain that the installation will be abandoned in the near future: provided further that not to exceed 55 per centum of the amounts available under this head shall be available for the employment of all necessary technical and clerical personnel for the preparation of plans and specifications for the projects as approved hereunder and in the supervision of the execution thereof and for all travel expenses field office equipment and supplies in connection therewith except that whenever the veterans administration finds it necessary in the construction of any project to employ other government agencies or persons outside the federal service to perform such services not to exceed 9 per centum of the cost of such projects may be expended for such services: provided further that amounts available under this head for portable initial equipment are increased from $31455440 to $33349581 including the purchase of one hundred and ninetyeight passenger motor vehicles major alterations improvements and repairs: for all necessary expenses of major alterations improvements and repairs to hospital and domiciliary facilities $8750000 to remain available until expended: provided that no part of the foregoing appropriation shall be used to commence any major alteration improvement or repair unless funds are available for the completion of such work; and no funds shall be used for such work at any facility if the veterans administration is reasonably certain that the installation will be abandoned in the near future national service life insurance: for the payment of benefits and for transfer to the national service life insurance fund in accordance with the national service life insurance act of 1940 as amended $54072000 to remain available until expended: provided that certain premiums shall be credited to this appropriation as provided by the act 57 stat 43 38 use note foil ch 12 43 stat 125 58 stat 287 38 use 701 694694 j 6 9 6696m note foil ch 12 46 stpt 1550 58 stat 284 restriction technical and clerical personnel port able initial equipment 54 stat loqis 38 use 818 410 public law 455july 5 1952 66 stat servicemens indemnities; for payment of liabilities under the 38 uscminote servicemens indemnity act of 1951 $8595000 to remain available until expended veterans miscellaneous benefits: for the payment of burial awards j38juscnote foil authorized by veterans administration regulation numbered 9 (a) as amended and for supplies equipment and tuition authorized by 38 use note foil p y payments authorized by part ix of veterans admin ch 12  istration reflation numbered 1 (a) as amended $17206000 to remain available until expended grants to the republic of the philippines: for payment to the republic of the philippines of grants in accordance with the act of 62 stat 1210 july 1 1948 (50 u s c app 19911996) for expenses incident to medical care and treatment of veterans $1861500 automobiles and other conveyances for disabled veterans: to enable the administrator to provide or assist in providing automobiles or other conveyances for disabled veterans as authorized by the act of 65 stat 574 october 20 1951 (public law 187) $5000000 to remain available 252f  until expended no part of the foregoing appropriations shall be available for hospitalization or examination of any persons except beneficiaries entitled under the laws bestowing such benefits to veterans unless reimbursement of cost is made to the appropriation at such rates as may be fixed by the administrator of veterans affairs war claims commission payment of claims for payment of claims as authorized by the war claims act of fouscappiooi 148 as amended from funds deposited in the treasury to the credit note  of the war claims fund created by section 13 (a) of said act such sums as may be necessary to be available to the secretary of the treasury for payment of claims under sections 4 (a) 4 (b) (2) 5 (a) through (e) 6 and 7 of said act to the payees named and in the amounts stated in certifications by the war claims commission and the secretary of labor or their duly authorized representatives which certifications shall be in lieu of any vouchers which might otherwise be required: provided that this appropriation shall not be available for administrative expenses: provided further that no claims shall be allowed or paid under the provisions of said war claims act of 1948 from any funds other than those covered into the treasury pursuant to the provisions of section 39 of the trading with the enemy 50 ic ip39 october 6 1917 as amended as provided by section 13 (a) of said war claims act of 1948 administrative expenses for expenses necessary for the war claims commission including services as authorized by section 15 of the act of august 2 1946 (5 60 stat 810 u s c 55a); expenses of attendance at meetings concerned with the purposes of this appropriation; not to exceed $9000 for expenses of travel; and advances or reimbursements to other government agencies for use of their facilities and services in carrying out the functions of the commission; $734550 to be derived from the war sousc app  claims fund created by section 13 (a) of the war claims act of 1948 2012  (publiclaw896 approved july 31948) 66 stat  public law 455july 5 1952 reduction in appropriation the unobligated balance of the funds available for necessary expenses of the national capital sesquicentennial commission as authorized by the acts of july 18 1947 (public law 203) and may 31 1949 (public law 78) is hereby rescinded effective july 11952 except for necessary liquidating expenses and such sum shall be carried to the surplus fund and covered into the treasury immediately upon the approval of this act independent officesgeneral provisions sec 102 no part of any appropriation contained in this title for the atomic energy commission shall be used to confer a fellowship on any person who advocates or who is a member of an organization or party that advocates the overthrow of the government of the united states by force or violence or with respect to whom the commission finds upon investigation and report by the federal bureau of investigation on the character associations and loyalty of whom that reasonable grounds exist for belief that such person is disloyal to the government of the united states: provided that any person who advocates or who is a member of an organization or party that advocates the overthrow of the government of the united states by force or violence and accepts employment or a fellowship the salary wages stipend grant or expenses for which are paid from any appropriation contained in this title shall be guilty of a felony and upon conviction shall be fined not more than $1000 or imprisoned for not more than one year or both: provided further that the above penal clause shall be in addition to and not in substitution for any other provisions of existing law sec 103 where appropriations in this title are expendable for travel expenses of employees and no specific limitation has been placed thereon the expenditures for such travel expenses may not exceed the amount set forth therefor in the budget estimates submitted for the appropriations sec 104 where appropriations in this title are expendable for the purchase of newspapers and periodicals and no specific limitation has been placed thereon the expenditures therefor under each such appropriation may not exceed the amount of $50: provided that this limitation shall not apply to the purchase of scientific technical trade or traffic periodicals necessary in connection with the performance of the authorized functions of the agencies for which funds are herein provided sec 105 no part of any appropriation contained in this title shall be available to pay the salary of any person filling a position other than a temporary position formerly held by an employee who has left to enter the armed forces of the united states and has satisfactorily completed his period of active military or naval service and has within ninety days after his release from such service or from hospitalization continuing after discharge for a period of not more than one year made application for restoration to his former position and has been certified by the civil service commission as still qualified to perform the duties of his former position and has not been restored thereto sec 106 appropriations contained in this title available for expenses of travel shall be available when specifically authorized by the head of the activity or establishment concerned for expenses of attendance at meetings of organizations concerned with the function or activity for which the appropriation concerned is made: provided aecfellows hips disloyalty re striction penalty travel expenses purchase of n e w s p a p ers and periodicals p os itions formerly held by employees entering armed forces attendance at meetings 412 public law 455july 5 1952 66 s t at purchase or sale of real estate em pi o yees engaged in personnel work n ona pplic a b 11 it y 65 stat 284 49 stat 1985 46 use 1101 et seq 46 use 1177 that appropriations contained in this title shall be available for the examination of estimates of appropriations and activities in the field without regard to limitations on travel contained in such appropriations sec 107 no part of any appropriations made available by the provisions of this title shall be used for the purchase or sale of real estate or for the purpose of establishing new offices outside the district of columbia: provided that this limitation shall not apply to programs which have been approved by the congress and appropriations made therefor sec 108 no part of any appropriation contained in this title shall be used to pay the compensation of any employee engaged in personnel work in excess of the number that would be provided by a ratio of one such employee to one hundred and thirtyfive or a part thereof full time parttime and intermittent employees of the agency concerned: provided that for purposes of this section employees shall be considered as engaged in personnel work if they spend half time or more in personnel administration consisting of direction and administration of the personnel program; employment placement and separation; job evaluation and classification; employee relations and services; training; wage administration; and processing recording and reporting sec 109 none of the sections under the head independent offices general provisions in this title shall apply to the housing and home finance agency or the tennessee valley authority title iidepartment of commerce marrrime activities ship construction: for an additional amount for ship construction for the payment of obligations incurred on or after july 1 1946 for ship construction reconditioning and betterments $140000000 to remain available until expended: provided that the unexpended balance of the $105000000 appropriated under this head in the independent offices appropriation act 1952 shall remain available for expenditure without fiscal year limitation operatingdifferential subsidies operatingdifferential subsidies: for the payment of obligations incurred for operatingdifferential subsidies granted on or after january 1 1947 as authorized by the merchant marine act 1936 as amended and in appropriations heretofore made to the united states maritime commission $20000000 to remain available until expended: provided that to the extent that the operatingdifferential subsidy accrual computed on the basis of parity) is represented on the operators books by a contingent accounts receivable item against the united states as a partial or complete offset to the recapture accrual the operator (1) shall be excused from making deposits in the special reserve fund and (2) as to the amount of such earnings the deposit of which is so excused shall be entitled to the same tax treatment as though it had been deposited in said special reserve fund to the extent that any amount paid to the operator by the united states reduces the balance in the operators contingent receivable account against the united states such amount unless it is forthwith deposited in the fund shall be considered as withdrawn under section 607 (h) of the merchant marine act 1936 as amended: provided further that nothing contained in this act or in any prior appropriation act 66 stat public iaw 455july 5 1952 iss shall be construed to affect the authority provided in section 603 (a) of the merchant marine act 1936 as amended (1) to grant operating differential subsidies on a longterm basis and (2) to obligate the united states to make future payments in accordance with the terms of such operatingdifferential subsidy contracts: provided further that no part of the foregoing appropriation shall be available for obligation nor any obligation made for the payment of an operating differential subsidy for any number of voyages during the current fiscal year in excess of sixteen hundred which number shall include the number of voyages under contracts hereafter awarded and of which one hundred shall be for operators who have not held contracts prior to july 11952 salaries and expenses: for expenses necessary for carrying into effect the merchant marine act 1936 and other laws administered by the federal maritime board and the maritime administration $15617850 within limitations as follows: administrative expenses including not to exceed $2000 for newspapers and periodicals; purchase of one passenger motor vehicle for replacement only; services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a); not to exceed $1125 for entertainment of officials of other countries when specifically authorized by the maritime administrator; not to exceed $145525 for expenses of travel; and $75000 to be available exclusively for ship structure research testing and models; $8655850: provided that the maritime administration is authorized to dispense with the administrative audit of agents accounts covering voyages beginning prior to april 1 1949: provided further that funds transferred to this appropriation from the vessel operations revolving fund established under the provisions of public law 45 eightysecond congress shall not exceed a sum sufficient to provide for the employment of in excess of four hundred employees at any time during the current fiscal year; maintenance of shipyard facilities operation of warehouses and maintenance and operation of terminals including the purchase of one passenger motor vehicle for replacement only and not to exceed $2490 for expenses of travel $1921000; reserve fleet expenses $5041000 of which not to exceed $7490 shall be available for expenses of travel: provided that in addition not to exceed $1200000 of the unobligated balance of the appropriation made available under this head for the fiscal year 1952 shall remain available during the current fiscal year maritime training: for training personnel for the manning of the merchant marine (including operation of training stations at kings point new york; sheepshead bay new york; alameda california and the united states maritime service institute) including not to exceed $2474100 for personal services in the district of columbia and elsewhere which may be used to provide pay and allowances for personnel of the united states maritime service comparable to those of the coast guard as authorized by law (46 u s c 112614 f r 7707); purchase of two passenger motor vehicles for replacement only; not to exceed $2500 for contingencies for the superintendent united states merchant marine academy to be expended in his discretion; not to exceed $25625 for expenses of travel; and not to exceed $72500 for transfer to applicable appropriations of the public health service for services rendered the maritime administration; $3584000 including uniforms and textbooks for cadet midshipmen to be provided in kind at an average yearly cost of not to exceed $200 per cadet: provided that this appropriation shall not be used for compensation or allowances for trainees or cadets 46 use 1173 w seq 6o stat sio  52 stat 965 36 stat 1353 52 stat 965 61 stat 695 chartering of vessels 49 stat 2011 122  12 12 utilities services an repairs 46 ijsc 1 m et seq public law 455july 5 1952 66 stat state marine schools: to reimburse the state of california $47500: the state of maine $47500; the state of massachusetts $47500; and the state of new york $47500; for expenses incurred in the maintenance and support of marine schools in such states as provided in the act authorizing the establishment of marine schools and so forth approved march 41911 as amended (34 u s c 11211123) ; $153000 for the maintenance and repair of vessels loaned by the united states to the said states for use in connection with such state marine schools; and $320200 for allowances for uniforms textbooks and subsistence of cadets at state marine schools to be paid in accordance with regulatious established pursuant to law (46 u s c 1126 (b)); $663200 war shipping administration liquidation: the unexpended balance of the appropriation to the secretary of the treasury in the secoud supplemental appropriation act 1948 for liquidation of obligations approved by the general accounting office as properly incurred against funds of the war shipping administration prior to january 11947 is hereby continued available during the current fiscal year no additional vessels shall be allocated under charter nor shall any vessel be continued under charter by reason of any extension of chartering authority bayond june 30 1949 unless the charterer shall agree that the maritime administration shall have no obligation upon redelivery to accept or pay for consumable stores bunkers and slop chest items except with respect to such minimum amounts of bunkers as the maritime administration considers advisable to be retained on the vessel and that prior to such redelivery all consumable stores slop chest items and bunkers over and above such minimums shall be removed from the vessel by the 5harterer at his own expense no money made available to the department of commerce for maritime activities by this or any other act shall be used in payment for a vessel the title to which is acquired by the government either by requisition or purchase or the use of which is taken either by requisition or agreement or which is insured by the government and lost while so insured unless the price or hire to be paid therefor (except in cases where section 802 of the merchant marine act 1936 as amended is applicable) is computed in accordance with subsection 902 (a) of said act as that subsection is interpreted by the general accounting office notwithstanding any other provision of this act the maritime (jiinigtration is authorized to furnish utilities and services and make necessary repairs in connection with any lease contract or occupancy involving government property under control of the maritime administration and payments received by the maritime administration for utilities services and repairs so furnished or made shall be credited to the appropriation charged with the cost thereof: provided that rental payments under any such lease contract or occupancy on account of items other than such utilities services or repairs shall be covered into the treasury as miscellaneous receipts no obligations shall be incurred during the current fiscal year from he construction fund established by the merchant marine act 1936 or otherwise in excess of the appropriations and limitations contained in this act or in any prior appropriation act and all receipts which otherwise would be deposited to the credit of said fund shall be covered into the treasury as miscellaneous receipts the general provisions applicable to appropriations contained in title i of this act shall apply to appropriations for maritime activities contained in this title 66 stat  public law 455july 5 1952 title iiicorporations the following corporations and agencies respectively are hereby authorized to make such expenditures within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law and to make such contracts and commitment without regard to fiscal year limitations as provided by section 104 of the government corporation control act as amended as may be necessary in carrying out the programs set forth in the budget for the fiscal year 1953 for each such corporation or agency except as hereinafter provided: housing and home finance agency federal national mortgage association: not to exceed $3509500 shall be available for administrative expenses which shall be on an accrual basis and shall be exclusive of interest paid depreciation properly capitalized expenditures fees for servicing mortgages expenses (including services performed on a force account contract or fee basis but not including other personal services) in connection with the acquisition protection operation maintenance improvement or disposition of real or personal property belonging to said association or in which it has an interest cost of salaries wages travel and other expenses of persons employed outside of the continental united states expenses of services performed on a contract or fee basis in connection with the performance of legal services and all administrative expenses reimbursable from other government agencies; and said association may utilize and may make payment for services and facilities of the federal reserve banks and other agencies of the government : provided that the distribution of administrative expenses to the accounts of the association shall be made in accordance with generally recognized accounting principles and practices: provided further that not to exceed $138105 shall be available for expenses of travel: provided further that administrative expenses not under limitation for the purposes set forth in the budget schedules for the fiscal year 1953 shall not exceed $151000 office of the administrator (prefabricated housing): not to exceed $225000 shall be available for all administrative expenses which shall be on an accrual basis of carrying out the functions of the office of the administrator under section 102 of the housing act of 1948 as amended (12 u s c i701g) and title v of the defense housing and community facilities and services act of 1951 but this amount shall be exclusive of costs of services performed on a contract or fee basis in connection with termination of contracts and legal services on a contract or fee basis: provided that no additional loan shall be made under the authority transferred to the administrator pursuant to reorganization plan numbered 23 of 1950 for the foregoing purposes after the effective date of this act unless the administrator shall have determined that such loan is in the interest of the government in the furtherance of any existing loan or for the refinancing of any existing loan: provided further that not to exceed $6750 shall be available for expenses of travel home loan bank board: not to exceed a total of $725000 shall be available for administrative expenses of the home loan bank board including the purchase of one passenger motor vehicle for replacement only and shall be derived from funds available to the home loan bank board including those in the home loan bank board revolving fund and receipts of the federal home loan bank administration ms 59 stat 598 31 use 849 admin istrative expenses 62 stat 1275 65 stat 311 12 use 1701g 1701g3 64 stat 1279 133z15 5 use note 416 public law 455july 5 1952 66 stat  12 free uh  fionadministra 48 stat 1255 65 stat 288  k  48 stat 1246 the federal home loan bank board or the home loan bank board for the current fiscal year and prior fiscal years and the board may utilize and may make payment for services and facilities of the federal homeloan banks the federal reserve banks the federal savings and loan insurance corporation and other agencies of the government: provided that all necessary expenses in connection with the conservatorship of institutions insured by the federal savings and loan insurance corporation and all necessary expenses (including services performed on a contract or fee basis but not including other personal services) in connection with the handling including the purchase sale and exchange of securities on behalf of federal homeloan banks and the sale issuance and retirement of or payment of interest on debentures or bonds under the federal home loan bank act as amended shall be considered as nonadministrative expenses for the purposes hereof: provided further that not to exceed $22500 shall be available for expenses of travel: provided further that notwithstanding any other provisions of this act except for the limitation in amount hereinbefore specified the administrative expenses and other obligations of the board shall be incurred allowed and paid in accordance with the provisions of the federal home loan bank act of july 22 1932 as amended (12 u s c 14211449) : provided furfhsr that the uonadmiuistrative expenses for the examination of federal and state chartered institutions shall not exceed $1775000 federal savings and loan insurance corporation: not to exceed $425000 shall be available for administrative expenses which shall be on an accrual basis and shall be exclusive of interest paid depreciation properly capitalized expenditures expenses in connection with liquidation of insured institutions liquidation or handling of assets of or derived from insured institutions payment of insurance and action for or toward the avoidance termination or minimizing of losses in the case of specific insured institutions legal fees and expenses and payments for administrative expenses of the home loan bank board determined by said board to be properly allocable to said corporation and said corporation may utilize and may make payment for services and facilities of the federal homeloan banks the federal reserve banks the home loan bank board and other agencies of the government: provided that not to exceed $4150 shall be available for expenses of travel: provided further that notwithstanding any other provisions of this act except for the limitation in amount hereinbefore specified the administrative expenses and other obligations of said corporation shall be incurred allowed and paid in accordance with (jtie iv of the act of june 271934 as amended (12u s c 17241730) home owners loan corporation: the unobligated balance of the item of $75000 made available under this head in the independent qffices appropriation act 1952 shall be available to the home loan bank board for expenditure as nonadministrative expenses to carry out final liquidation of the home owners loan corporation federal housing administration: in addition to the amounts available by or pursuant to law (which shall be transferred to this authorization) for the administrative expenses of the federal housing administration in carrying out duties imposed by or pursuant to law not to exceed $4885000 of the various funds of the federal housing administration shall be available for expenditure in accordance with national housing act as amended (12 u s c 1701) : provided that except as herein otherwise provided all expenses and obligations of said administration shall be incurred allowed and paid in accordance with the provisions of said act: provided further that not to exceed $146125 shall be available for expenses of travel: provided further that funds available for expenditure shall be available for 66 stat public law 455july 5 1952 contract actuarial services (not to exceed $1500); and purchase of periodicals and newspapers (not to exceed $500) : provided further that expenditures for nonadministrative expenses classified by section 2 of public law 387 approved october 251949 shall not exceed usc mi $28870000 public housing administration: of the amounts available by or pursuant to law for the administrative expenses of the public housing administration in carrying out duties imposed by or pursuant to law including funds appropriated by title i of this act and not to exceed $205000 of the funds appropriated for such expenses under the head defense housing in the second supplemental appropriation act 1952 not to exceed $11534000 shall be available for such expenses stat 762 including purchase of not to exceed three passenger motor vehicles for replacement only; not to exceed $697500 for expenses of travel; and expenses of attendance at meetings of organizations concerned with the work of the administration: pr(yvided that necessary tijlexpesf expenses of providing representatives of the administration at the sites of nonfederal projects in connection with the construction of such nonfederal projects by public housing agencies with the aid of the administration shall be compensated by such agencies by the payment of fixed fees which in the aggregate in relation to the development costs of such projects will cover the costs of rendering such services and expenditures by the administration for such purpose shall be considered nonadministrative expenses and funds received from such payments may be used only for the payment of necessary expenses of providing representatives of the administration at the sites of non federal projects: provided further that all expenses of the public housing administration not specifically limited in this act in carrying out its duties imposed by or pursuant to law shall not exceed $32722080: provided further that not to exceed $142500 of funds made available by the act of june 29 1936 (49 stat 2035) shall 4o use 431434 be available for necessary expenses including administrative expenses of the public housing administration in carrying out the provisions of the act of may 191949 (public law 65) 63 stat es inland waterways corporation inland waterways corporation (administered under the supervision and direction of the secretary of commerce) : not to exceed $481200 shall be available for administrative expenses including not to exceed $10755 for expenses of travel to be determined in the manner set forth under the title general expenses in the uniform system of accounts for carriers by water of the interstate commerce commission (effective january 1 1947); and funds available for operating expenses shall be available for purchase (not to exceed one for replacement only) and hire of passenger motor vehicles: provided that no funds shall be used to pay compensation of employees normally subject to the classification act of 1949 as tlcio7  amended at rates in excess of rates fixed for similar services under the provisions of said act nor to pay the compensation of vessel employees and such terminal and other employees as are not covered by said act at rates in excess of rates prevailing in the river transportation industry in the area (including prevailing leave allowances for vessel employees but the granting of such allowances shall not be construed as establishing a different leave system within the meaning of that term as used in section 3 of the act of december 211944 (5usc61d)) 58 stat 846 public law 455july 5 1952 66 s t at m corporationsgeneral provisions personnel work sec 302 no part of the funds of or available for expenditure by any corporation or agency included in this title shall be used to pay the compensation of any employee engaged in personnel work in excess of the number that would be provided by a ratio of one such employee to one hundred and thirtyfive or a part thereof fulltime parttime and intermittent employees of the agency concerned: provided that for purposes of this section employees shall be considered as engaged in personnel work if they spend halftime or more in personnel administration consisting of direction and administration of the personnel program; employment placementand separation; job evaluation and classification; employee relations and services; training; committees of expert examiners and boards of civilservice examiners; wage administration; and processing recording and reporting title ivgeneral provisions annual leave gq qi hereafter no part of the funds of or available for expenditure by any corporation or agency included in this or any other act including the government of the district of columbia shall be available to pay for annual leave accumulated by any civilian officer or employee during any calendar year and unused at the close of business on june 30th of the succeeding calendar year: provided that the head of any such corporation or agency shall afford an opportunity for officers or employees to use the annual leave accumulated under this section prior to june 30th of such succeeding calendar year: provided nonappiicabiiity further that this section shall not apply to officers and employees whose post of duty is outside the continental united states: provided further that this section shall not apply with respect to the payment of compensation for accumulated annual leave in the case of officers or employees who leave their civilian positions for the purpose of entering upon active military or naval service in the armed forces of the united states: provided further that this section shall not be applicable to annual leave accumulated prior to january 1 1952 strikes or over throw of us govseo 402 no part of any appropriation contained in this act or of ernment the funds available for expenditure by any corporation included in this act shall be used to pay the salary or wages of any person who engages in a strike against the government of the united states or who is a member of an organization of government employees that asserts the right to strike against the government of the united states or who advocates or is a member of an organization that advocates the overthrow of the government of the united states by affidavit force or violence: provided that for the purposes hereof an affidavit shall be considered prima facie evidence that the person making the affidavit has not contrary to the provisions of this section engaged in a strike against the government of the united states is not a member of an organization of government employees that asserts the right to strike against the government of the united states or that such person does not advocate and is not a member of an organization that advocates the overthrow of the government of the united states by penalty force or violence: provided further that any person who engages in a strike against the government of the united states or who is a member of an organization of government employees that asserts the right to strike against the government of the united states or who advocates or who is a member of an organization that advocates the overthrow of the government of the united states by force or violence and accepts employment the salary or wages for which are paid from any appropriation or fund contained in this act shall be guilty of a felony 66 stat  public law 455july 5 1952 and upon conviction shall be fined not more than $1000 or imprisoned for not more than one year or both: provided further that the above penalty clause shall be in addition to and not in substitution for any other provisions of existing law sec 403 no part of any appropriation contained in this act or of the funds available for expenditure by any corporation or agency included in this act shjll be used for publicity or propaganda purposes designed to support or defeat legislation pending before the congress sec 404 no part of any appropriation contained in this act or of the funds available for expenditure by any corporation included in this act shall be used to pay the compensation of any civilian employee of the government whose principal or primary duties consist of acting as chauffeur or driver of any governmentowned passenger motor vehicle (other than a bus or ambulance) this section shall not apply with respect to any person whose duties consist of acting as chauffeur for the president of the united states or whose place of duty is in a foreign country sec 405 unless otherwise specifically provided the maximum amount allowable during the current fiscal year in accordance with section 16 of the act of august 21946 (5 u s c 78) for the purchase of any passenger motor vehicle (exclusive of busses ambulances and station wagons) is hereby fixed at $1600 sec 406 (a) no part of the money appropriated by this act to any department agency or corporation or made availaole for expenditure by any department agency or corporation which is in excess of 75 per centum of the amount required to pay the compensation of all persons the budget estimates for personal services heretofore submitted to the congress for the fiscal year 1953 contemplated would be employed by such department agency or corporation during such fiscal year in the performance of (1) functions performed by a person designated as an information specialist information and editorial specialist publications and information coordinator press relations officer or counsel photographer radio expert television expert motion picture expert or publicity expert or designated by any similar title or (2) functions performed by persons who assist persons performing the functions described in (1) in drafting preparing editing typing duplicating or disseminating public information publications or releases radio or television scripts magazine articles photographs motion pictures and similar material shall be available to pay the compensation of persons performing the functions described in (1) or (2) (b) this section shall not apply: to persons employed by the general services administration in the performance of functions or related assisting or supporting functions in connection with the publication of the federal register or to persons engaged in functions of the civil service commission related to (1) the preparation and issuance of materials relating to the recruitment of personnel for the federal service and (2) the compilation of the official register of the united states or to any department agency or corporation which does not employ more than two persons at any one time in the performance of functions described in paragraphs (1) or (2) of subsection (a) of this section sec 407 this act may be cited as the independent offices appropriation act 1953 approved july 5 1952 93300 o 53 30 m publicity or prop aganda chauffeurs passenger motor vehicles 60 stat 810 information and editorial functions nonapplicab ility short title

OMB Circular A-19 Legislative Coordination and Clearance.txt

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+omb circular no a 19 revised september 20 1979 table of contents 1 purpose 2 rescission 3 background 4 coverage 5 definitions a advice b agency c proposed legislation d pending bill e report (including testimony) f enrolled bill g views letter 6 agency legislative programs a submission to omb b purposes of legislative program submission c timing of submission to omb d number of copies e program content f relationship to advice 7 submission of agency proposed legislation and reports a submission to omb b agency scheduling of submissions c timing of agency submissions d number of copies e submission of legislation authorizing the enactment of new budget authority f items to be included in agency submissions g views letters h certain statutory and other requirements and administration policies i drafting service j use of no comment reports 8 clearance of agency proposed legislation and reports a omb action on agency submissions b forms of omb advice c agency action on receipt of advice from omb d agency action where prior clearance has not been effected e reclearance requirements 9 interagency consultation 10 enrolled bills a initial omb action b agency action c preparation of enrolled bill letters d subsequent omb action 11 agency legislative liaison officers 12 communications to omb attachments: 1 instructions relating to the preparation of agency legislative programs 2 instructions for the preparation and submission to congress of legislative proposals authorizing the enactment of additional appropriations or providing new budget authority outside of appropriation acts 3 basic forms of omb advice september 20 1979 circular no a19 revised transmittal memorandum no 1 to the heads of executive departments and establishments subject: revision of circular no a19 revised dated july 31 1972: legislative coordination and clearance this transmits a revision of circular no a19 revised dated july 1972: legislative coordination and clearance the attached revision updates the circular generally and makes explicit several longstanding practices it does not change the basic aspects of the legislative coordination and clearance requirements and process the principal changes are as follows: 1 the circular has been extensively restructured and a table of contents has been added to facilitate its reference use 2 requirements to identify the effect of legislation on personnel needs have been made explicit (sections 6e(5) 7f(1)(c) 7f(2) and 1oc(4)(f)) 3 requirements are set forth with respect to section 607 of the congressional budqet act of 1974 dealing with yearahead requests for authorizing the enactment of new budget authority (section 7e and attachment b) 4 additions have been made to the list of statutory and other requirements and administration policies that should be taken into account (section 7h) 5 orms of clearance advice given by omb are set forth and explained (section 8(b) and attachment c) 6 previous attachments b c and d have been deleted attachments circular no a19 revised to the heads of executive departments and establishments subject: legislative coordination and clearance 1 purpose this circular outlines procedures for the coordination and clearance by the office of management and budget (omb) of agency recommendations on proposed pending and enrolled legislation it also includes instructions on the timing and preparation of agency legislative programs 2 rescission this revision supersedes and rescinds circular no a19 revised dated july 31 1972 3 background omb performs legislative coordination and clearance functions to (a) assist the president in developing a position on legislation (b) make known the administrations position on legislation for the guidance of the agencies and information of congress (c) assure appropriate consideration of the views of all affected agencies and (d) assist the president with respect to action on enrolled bills 4 coverage all executive branch agencies (as defined in section 5b) are subject to the provisions of this circular except those agencies that are specifically required by law to transmit their legislative proposals reports or testimony to the congress without prior clearance omb will however honor requests from such agencies for advice on the relationship of particular legislation reports or testimony to the program of the president the municipal government of the district of columbia is covered to the extent that legislation involves the relationship between it and the federal government agencies of the legislative and judicial branches are not covered by this circular 5 definitions for the purpose of this circular the following definitions apply: a advice information transmitted to an agency by omb stating the relationship of particular legislation and reports thereon to the program of the president or stating the views of omb as a staff agency for the president with respect to such legislation and reports b agency any executive department or independent commission board bureau office agency governmentowned or controlled corporation or other establishment of the government including any regulatory commission or board and also the municipal government of the district of columbia c proposed legislation a draft bill or any supporting document (eg speaker letter section bysection analysis statement of purpose and justification etc) that an agency wishes to present to congress for its consideration also any proposal for or endorsement of federal legislation included in an agencys annual or special report or in other written form which an agency proposes to transmit to congress or to any member or committee officer or employee of congress or staff of any committee or member or to make available to any study group commission or the public d pending bill any bill or resolution that has been introduced in congress or any amendment to a bill or resolution while in committee or when proposed for house or senate floor consideration during debate also any proposal placed before the conferees on a bill that has passed both houses e report (including testimony)  any written expression of official views prepared by an agency on a pending bill for (1) transmittal to any committee member officer or employee of congress or staff of any committee or member or (2) presentation as testimony before a congressional committee also any comment or recommendation on pending legislation included in an agencys annual or special report that an agency proposes to transmit to congress or any member or committee or to make available to any study group commission or the public f enrolled bill a bill or resolution passed by both houses of congress and presented to the president for action g views letter an agencys written comments provided at the request of omb on a pending bill or on another agencys proposed legislation report or testimony 6 agency legislative programs a submission to omb each agency shall prepare and submit to omb annually its proposed legislative program for the next session of congress if an agency has no legislative program it should submit a statement to this effect b purposes of legislative program submission the essential purposes for requiring agencies to submit annual legislative programs are: (1) to assist agency planning for legislative objectives; (2) to help agencies coordinate their legislative program with the preparation of their annual budget submissions to omb; (3) to give agencies an opportunity to recommend specific proposals for presidential endorsement; and (4) to aid omb and other staff of the executive office of the president in developing the presidents legislative program budget and annual and special messages c timing of submission to omb (1) each agency shall submit its proposed legislative program to omb at the same time as it initially submits its annual budget request as required by omb circular no a11 timely submission is essential if the programs are to serve the purposes set forth in section 6b (2) items that are not included in an agencys legislative program and have significant upward budget impact will not be considered after the budget is prepared unless they result from circumstances not foreseeable at the time of final budget decisions d number of copies each agency shall furnish 25 copies of its proposed legislative program to omb these copies will be distributed by omb within the executive office of the president e program content each agency shall prepare its legislative program in accordance with the instructions in attachment a agency submissions shall include: (1) all items of legislation that an agency contemplates proposing to congress (or actively supporting if already pending legislation) during the coming session including proposals to extend expiring laws or repeal provisions of existing laws these items should be based on policylevel decisions within the agency and should take into account the presidents known legislative budgetary and other relevant policies agencies proposed legislative programs should identify those items of sufficient importance to be included in the presidents legislative program (2) a separate list of legislative proposals under active consideration in the agency that are not yet ready for inclusion in its proposed legislative program for each item in this list the agency should indicate when it expects to reach a policylevel decision and specifically whether it expects to propose the item in time for its consideration for inclusion in the annual budget under preparation (3) a separate list of all laws or provisions of law affecting an agency that will expire between the date the program is submitted to omb and the end of the two following calendar years whether or not the agency plans to propose their extension (4) all items in the submissions that are proposed or expected to be proposed for inclusion in the annual budget shall be accompanied by a tabulation showing amounts of budget authority and outlays or other measure of budgetary impact for the budget year and for each of the four succeeding fiscal years see section 201(a)(5)(6) and (12) of the budget and accounting act 1921 as amended (31 usc 11(a)(12)) criteria in omb circular no a11 shall be used in preparing these tabulations (5) all items covered by section 6e(4) above shall also be accompanied by estimates of workyears of employment and of personnel required to carry out the proposal in the budget year and four succeeding fiscal years f relationship to advice submission of a legislative program to omb does not constitute a request for advice on individual legislative proposals such requests should be made in the manner prescribed in section 7 of this circular 7 submission of agency proposed legislation and reports a submission to omb before an agency transmits proposed legislation or a report (including testimony) outside the executive branch it shall submit the proposed legislation or report or testimony to omb for coordination and clearance b agency scheduling of submissions agencies should not commit themselves to testify on pending bills or to submit reports or proposed legislation to congress on a time schedule that does not allow orderly coordination and clearance to facilitate congressional action on administration proposals and to forestall hasty lastminute clearance requests agencies should plan their submissions to omb on a time schedule that will permit orderly coordination and clearance particular care should be given to ensuring that draft legislation to carry out presidential legislative recommendations is submitted promptly to omb to allow sufficient time for analysis and review c timing of agency submissions (1) agencies should submit proposed legislation reports and testimony to omb well in advance of the desired date of transmittal to congress (2) agencies should include in their submissions to omb of proposed reports and testimony a copy of any committee request for such reports and testimony if the request calls for special information or includes specific questions to be covered in the reports or testimony (3) depending on the complexity and significance of the subject matter the policy issues involved and the number of agencies affected an adequate period for clearance by omb may range from several days to a number of months agencies shall consult with omb staff as to necessary periods for clearance particularly in cases of major or complex legislation (4) on occasion very short periods for clearances may be unavoidable because of congressional time schedules or other factors nevertheless agencies should make every effort to give omb a minimum of five full working days for clearance of proposed reports or testimony (5) agencies shall state in their transmittal letters to omb any information on congressional schedules or other special circumstances that may require expedited clearance d number of copies agencies should furnish to omb 10 copies of proposed legislation and supporting materials and six copies of draft reports or testimony if wide circulation or expedited action is required the originating agency shall consult informally in advance with omb staff on the number of copies to be supplied similarly agencies should furnish to omb six copies of their views letters on other agencies proposed legislation reports or testimony e submission of legislation authorizing the enactment of new budget authority section 607 of pl 93344 the congressional budget act of 1974 requires yearahead requests for authorizing the enactment of new budget authority as follows: notwithstanding any other provision of law any request for the enactment of legislation authorizing the enactment of new budget authority to continue a program or activity for a fiscal year (beginning with the fiscal year commencing october 1 1976) shall be submitted to the congress not later than may 15 of the year preceding the year in which such fiscal year begins in the case of a request for the enactment of legislation authorizing the enactment of new budget authority for a new program or activity which is to continue for more than one fiscal year such request shall be submitted for at least the first 2 fiscal years attachment b sets forth instructions necessitated by section 607 of pl 93344 for the preparation and submission to congress of legislative proposals authorizing additional appropriations or providing new budget authority outside of appropriation acts f items to be included in agency submissions (1) agencies should identify proposed legislation submitted to omb by using the number assigned to the proposal in the agencys legislative program submission; eg agriculture 9612 (see attachment a) each legislative proposal shall include a draft transmittal letter to the speaker of the house and the president of the senate as well as background information and justification including where applicable: (a) a sectionbysection analysis of the provisions of the proposed legislation; (b) comparison with existing law presented in ramseyer or cordon rule form by underscoring proposed additions to existing law and bracketing the text of proposed deletions (this need be done only when it would facilitate understanding of the proposed legislation ); (c) budgetary and personnel impacts as described in sections 6e(4) and (5) including a statement of the relationship of these estimates to those previously incorporated in the presidents budgetary program (public law 89554 5 usc 2953 requires in certain cases that agencies in proposing legislation and in submitting reports favoring legislation provide estimates of expenditures and personnel that would be needed public law 91510 sections 252(a) (2usc 190j) and 252(b) imposes similar requirements on congressional committees ); (d) comparison with previous agency proposals or related bills introduced in the congress; (e) an identification of other agencies that have an interest in the proposal; (f) an indication of any consultation with other agencies in the development of the proposal; and (g) information required by statute or by administration policies as for example that noted in section 7h below (2) similarly in their letters to omb requesting advice on reports or testimony agencies should identify related bills and set forth any relevant comments not included in the report or testimony itself as indicated in section 7f(1)(c) certain reports or testimony favoring legislation are required by law to include budget and personnel estimates where such estimates are not included in other reports or in testimony favoring or opposing legislation agencies should provide in their letters to omb a statement of budgetary and personnel impacts as described in sections 6e(4) and (5) including a statement of the relationship of these estimates to those previously incorporated in the presidents budgetary program (3) in cases where legislation carries out a presidential recommendation agencies should include in the proposed report or the letter transmitting proposed legislation a statement identifying the recommendation and indicating the degree to which the legislation concerned will carry it out g views letters in views letters to omb an agency should indicate whether it supports opposes or has no objection to all or part of a pending bill or of another agencys proposed legislation report or testimony and should state the reasons for its position if an agency proposes changes to a pending bill or to another agencys submission its views letter should recommend insofar as practicable specific substitute language h certain statutory and other requirements and administration policies agencies shall carefully consider and take into account certain requirements of existing statutes and executive orders and administration policies and directives that are of general applicability agency reports and proposed legislation shall to the maximum extent possible contain or be accompanied by appropriate recommendations statements or provisions to give effect to such requirements including but not limited to: (1) civil rights (2) environmental impact (3) economic impact (4) federal budgetary impact and personnel requirements (5) federal and nonfederal paperwork requirements (6) state and local government impact (7) urban and community impact i drafting service agencies need not submit for clearance bills that they prepare as a drafting service for a congressional committee or a member of congress provided that they state in their transmittal letters that the drafting service does not constitute a commitment with respect to the position of the administration or the agency agencies shall advise omb of these drafting service requests while the requests are being complied with and supply a copy of the request if in writing a copy of each such draft bill and the accompanying letter should be furnished to omb at the time of transmittal together with an explanatory statement of what the bill would accomplish if that is not contained in the transmittal letter j use of no comment reports agencies should submit no comment reports only when they have no interest in the pending legislation or nothing to contribute by way of informed comment agencies should submit such reports for clearance unless a different procedure is informally arranged with omb in either event they should furnish omb with one copy of each such report at the time it is transmitted to congress 8 clearance of agency proposed legislation and reports a omb action on agency submissions (1) omb will undertake the necessary coordination with other interested agencies of an agencys proposed legislation or report if congressional committees have not requested reports from all of the interested agencies omb will request other agency views within specified time limits omb will consult with the president when appropriate and undertake such staff work for him as may be necessary in cooperation with other presidential staff omb may request the originating agency to provide additional information or may call interagency meetings to exchange views resolve differences of opinion or clarify the facts (2) when coordination is completed omb will transmit advice to the appropriate agencies either in writing or by telephone in transmitting advice omb may indicate considerations that agencies should or may wish to take into account before submitting proposed legislation or reports to congress b forms of omb advice the exact forms of omb advice will vary to suit the particular case the basic forms of advice that are commonly used are set forth and explained in attachment c c agency action on receipt of advice from omb (1) agencies shall incorporate the advice received from omb in their reports and in their letters transmitting proposed legislation to congress advice on testimony is usually not included in the testimony as delivered unless it would be likely to have a significant effect on a committees consideration of particular legislation or would not otherwise be available to a committee through a written report (2) in the case of reports receipt of advice contrary to views expressed does not require an agency to change its views in such cases however the agency will review its position if it decides to modify its views the agency shall consult with omb to determine what change if any in advice previously received is appropriate if after the review the views of the agency are not modified it shall incorporate in its report the full advice it received (3) in the case of proposed legislation the originating agency shall not submit to congress any proposal that omb has advised is in conflict with the program of the president or has asked the agency to reconsider as a result of the coordination process in such cases omb will inform the agency of the reasons for its action (4) agencies are expected to transmit reports and proposed legislation to congress promptly after receiving omb clearance should circumstances arise that make prompt transmittal inadvisable the agency shall immediately notify omb similarly in the case of cleared testimony the agency shall immediately notify omb if its testimony has been cancelled or rescheduled (5) agencies should observe the instructions in house and senate rules to forward proposed legislation or various reports required by law to the speaker of the house and the president of the senate reports that have been requested by committee chairmen on bills and resolutions pending before their committees should be transmitted directly to the requesting committees (6) agencies shall furnish to omb two copies of all proposed legislation transmittal letters and accompanying materials and reports (including testimony) in the form actually transmitted to the congress if reports or testimony cover more than one bill agencies shall furnish two copies for each bill d agency action where prior clearance has not been effected (1) agencies shall not submit to congress proposed legislation that has not been coordinated and cleared within the executive branch in accordance with this circular (2) if congressional time schedules do not allow an agency to send its proposed report to omb in time for the normal clearance and advice the agency shall consult informally with omb as to the advice to be included in the proposed report omb may advise the agency to state in its report that time has not permitted securing advice from omb as to the relationship of the proposed legislation to the program of the president agencies shall send to omb six copies of such reports at the same time that they are transmitted to congress where appropriate omb will subsequently furnish advice on the report which the agency shall transmit promptly to congress (3) in cases where an agency has not submitted a report for clearance and its views on pending legislation are to be expressed in the form of oral unwritten testimony omb will undertake such coordination and give such advice as the circumstances permit in presenting oral testimony the agency should indicate what advice if any has been received from omb if no advice has been obtained the agency should so indicate e reclearance requirements the advice received from omb generally applies to all sessions of each congress but it does not carry over from one congress to the next generally agencies do not need to seek reclearance of reports on which they have already received advice before making the same reports on identical bills introduced in the same congress unless considerable time has elapsed or changed conditions indicate that the need for reclearance is appropriate or should be rechecked prior to transmitting such reports however agencies shall consult informally with appropriate omb staff to determine whether reclearance is necessary in cases where reclearance does not take place agencies shall include in the subsequent report appropriate reference to the advice received on the original report they shall also send one copy of any subsequent report to omb at the same time that it is transmitted to congress the transmittal letter to omb should identify the related report that was previously cleared 9 interagency consultation in carrying out their legislative functions agencies are encouraged to consult with each other in order that all relevant interests and points of view may be considered and accommodated where appropriate in the formulation of their positions such consultation is particularly important in cases of overlapping interest and intensive efforts should be made to reach interagency agreement before proposed legislation or reports are sent to omb in order that the president may have the individual views of the responsible heads of the agencies however proposed legislation or reports so coordinated shall be sent to omb by the individual agencies involved with appropriate reference to the interagency consultation that has taken place 10 enrolled bills under the constitution the president has 10 days (including holidays but excluding sundays) to act on enrolled bills after they are presented to him to assure that the president has the maximum possible time for consideration of enrolled bills agencies shall give them top priority a initial omb action omb will obtain facsimiles of enrolled bills from the government printing office and immediately forward one facsimile to each interested agency requesting the agencys views and its recommendation for presidential action b agency action each agency receiving such a request shall immediately prepare a letter presenting its views and deliver it in duplicate to omb not later than two days (including holidays but excluding sundays) after receipt of the facsimile omb may set different deadlines as dictated by circumstances agencies shall deliver these letters by special messenger to omb c preparation of enrolled bill letters (1) agencies letters on enrolled bills are transmitted to the president and should be written so as to assist the president in reaching a decision each letter should therefore be complete in itself and should not as a general rule incorporate earlier reports by reference (2) agencies letters on enrolled bills are privileged communications and agencies shall be guided accordingly in determining their content (3) because of the definitive nature of presidential action on enrolled bills agency letters shall be signed by a presidential appointee (4) agencies letters shall contain: (a) an analysis of the significant features of the bill including changes from existing law omb staff will advise the agencies on which one should write the detailed analysis of the bill where more than one agency is substantially affected; (b) a comparison of the bill with the administration proposals if any on the same subject; (c) comments criticisms analyses of benefits and shortcomings or special considerations that will assist the president in reaching a decision; (d) identification of any factors that make it necessary or desirable for the president to act by a particular date; (e) an estimate of the firstyear and recurring costs or savings and the relationship of the estimates to those previously incorporated in the presidents budgetary program; (f) an estimate of the additional number of personnel required to implement the bill; and (g) a specific recommendation for approval or disapproval by the president (5) agencies recommending disapproval shall submit with their letters a proposed veto message or memorandum of disapproval in quadruplicate prepared on legalsize paper and doublespaced such messages or memoranda should be finished products in form and substance that can be used by the president without further revision (6) agencies may wish to recommend issuance of a signing statement by the president agencies so recommending shall submit with their letters a draft of such statement in the same form and quantity as required for a proposed veto message in some cases omb may request an agency to prepare a draft signing statement (7) agencies letters on private bills shall cite where appropriate precedents that support the action they recommend or that need to be distinguished from the action recommended d subsequent omb action omb will transmit agencies letters to the president together with a covering memorandum not later than the fifth day following receipt of the enrolled bill at the white house 11 agency legislative liaison officers to assist in effecting interagency coordination each agency shall furnish omb with the name of a liaison officer who has been designated by the agency to handle the coordination of legislative matters under this circular from time to time omb will send agencies lists of the liaison officers so designated agencies should promptly notify omb of any change in their liaison officers 12 communications to omb a written agency communications to omb transmitting proposed legislation proposed reports views letters on other agencies proposed legislation or reports and letters on enrolled bills should be addressed to: director office of management and budget attention: assistant director for legislative reference the envelope containing such communications should be addressed: legislative reference division office of management and budget room 7203 new executive office building unless a different arrangement is made with an appropriate omb staff member b questions on status of proposed legislation reports testimony or enrolled bills should be directed to appropriate omb staff or to the legislative information center (telephone 3953230) director attachments attachment a circular no a19 revised instructions relating to the preparation of agency legislative programs 1 agencies proposed legislative programs should be divided into two parts: part i presidents program proposals those items that the agency believes are of sufficient importance to be included in the presidents legislative program and given specific endorsement by him in one of the regular annual messages such as the budget message or in a special message part ii all other proposals 2 within each part agencies should list the items in order of relative priority each item of proposed legislation should be given a separate number for purposes of ready identification using a numbering system which identifies the congress; eg agriculture 9612 3 with respect to each item agencies should provide the following information: a a brief description of the proposal its objectives and its relationship to existing programs agencies should include greater detail on the specific provisions of proposals included in part i or where the subject matter of the proposal contains new policies or programs or raises complex issues; b pertinent comments as to timing and readiness of draft legislation; c pertinent references to bills and reports concerning the subject of the proposal in current or recent sessions of congress; d an estimate for each of the first five fiscal years of (1) any budget authority and outlays that would be required (2) any savings in budget authority and outlays (3) any changes in budget receipts and (4) work years of employment and numbers of personnel these estimatesshould be prepared in accordance with the instructions in omb circular no a11 4 the lists of (a) legislative proposals still under consideration in an agency and (b) expiring laws (see section 6 of the circular) should be presented separately from parts i and ii the following special instructions apply to them: a items still under consideration should be listed in approximate order of priority and each briefly described in terms of subject matter and status b each expiring law should be described in terms of (1) the subject (2) the citation (3) the date of expiration (4) the agencys views as to whether the law should be extended or permitted to expire and (5) other pertinent information if an agency recommends extension the proposal should also be included in part i or part ii as appropriate 5 the legislative program submission should be prepared on lettersize paper general conformance to the format of the attached exhibit will greatly facilitate the use of these programs exhibit for attachment a circular no al9 revised department of government proposed legislative program for the session of the congress (items in each part are listed in order of priority) part i presidents program proposals 963 amend the provisions of the 1902 reclamation act regarding acreage limitation residency leasing excess land sales the use of class 1 equivalency contracts and contracting procedures and certain administrative procedures this proposal would modify and update the acreage limitation provisions of federal reclamation law to reflect and accommodate modern agricultural practices but at the same time retain the basic concept of the reclamation program providing opportunities for family farms the department has recommended that legislation amending the law reflect the following: eligibility to receive project water would be limited to adults18 years of age or older; residency as provided in the reclamation act of 1902 and defined as a maximum distance of 50 miles from the land would be reimposed on both lessors and lessees of project lands with specific guidelines for phasing in the requirement; the acreage entitlement for which project water would be available would be increased to 320 acres owned per adult individual with an additional allowance of 160 acres leased or the entire 480 acres could be leased (family corporations and multiple ownerships could hold up to 960 acres without regard to the number of people in the arrangement); class 1 equivalency would be authorized for general use for projects with a frostfree growing season of 180days or less and would be applied on a projectbyproject basis; contracts with districts containing provisions for exemption from acreage limitation provisions upon payout of construction charges would be approved; sale of excess land by the owner to immediate family members longtime tenants employees or adjoining neighbors would be permitted; charitable and religious organizations holding project lands on january 1 1978 would be exempt from acreage limitations exhibit for attachment a cost part ii all other proposals 9614 amend federal power commission act of 1920 this proposal would amend the federal power commission act of 1920 to provide that a license will be issued only after the secretary administering affected public lands makes a determination that the license will not interfere or be inconsistent with the purposes for which such lands are reserved the federal power commission has interpreted section 4(e) to require only consideration of the affected secretarys recommendations the proposal would also amend the act to provide for extinguishment of withdrawals created by the federal energy regulatory commission (ferc) applications if the ferc has not responded to the applicant within 6 months or as of date of denial or expiration surrender revocation or termination of the license most applications do not result in fpc licenses; yet the land is withdrawn the administrative process of removing the withdrawals is cumbersome and time consuming and constrains the land managing agency from fully managing these lands for their resource values or from using these lands in exchanges revocation of the ferc withdrawal within a specified time period would be consistent with the provisions of title ii of the federal lands policy and managementact relating to withdrawals no additional appropriations or outlays would be required attachment b circular no a19 revised instructions for the preparation and submission to congress of legislative proposals authorizing the enactment of additional appropriations or providing new budget authority outside of appropriation acts 1 legislative proposals providing authorizations to continue programs or activities under section 607 of pl 93344 the congressional budget act of 1974 legislative proposals to extend authorizations scheduled to expire at the end of a given fiscal year should be transmitted to congress by may 15 of the fiscal year preceding that fiscal year (for example if an authorization expired on september 30 1979 draft legislation to extend the authorization should have been transmitted to congress by may 15 1978) if such proposals were not transmitted or were not enacted new or revised proposals with language covering the budget year (ie the upcoming fiscal year) should be included in the same bill as proposals for the budget year plus one and subsequent years more specifically: a proposals for agencies and programs that are customarily authorized on an annual basis (eg nasa nsf state justice peace corps military procurement and construction) should cover in the same bill proposed language for the budget year plus one and resubmittals or revisions of previously proposed authorizations for the budget year subsequent years should also be included if agencies deem it desirable and feasible b other legislative proposals to extend authorizations for the enactment of new budget authority expiring at the end of the budget year should cover in the same bill the budget year plus one and such subsequent years as is customary or deemed desirable for the particular program or activity involved c any proposals that provide for authorizations for the budget year or the current fiscal year should be submitted to congress immediately after omb clearance 2 legislative proposals providing authorizations for new programs or activities a proposals authorizing enactment of budget authority for a new program or activity should include at least two fiscal years unless such new program or activity is proposed to be effective for only one fiscal year and to terminate at the end of that year b proposals that provide for authorizations to begin in the budget year plus one should to the extent feasible be prepared for submission to congress no later than may 15 of the current fiscal year 3 general instructions for legislation authorizing the enactment of new budget authority a in keeping with the intent of section 401 of pl 93344 proposals including contract authority or borrowing authority should provide that such authority is to be effective only to such extent or in such amounts as are provided in appropriation acts backdoor financing provisions may be proposed only when the exceptions set forth in section 401(d) of pl 93344 apply b as a general rule bills submitted to congress authorizing new budget authority for the current fiscal year or budget year will contain specific dollar amounts for those years these amounts should be those approved for the budget for subsequent years the bills should include such sums as may be necessary authorizations unless the agency and omb agree that special circumstances warrant inclusion of specific amounts (1) where specific amounts are included for years beyond the budget year those amounts should be consistent with the fiveyear projections of budget authority printed in the budget pursuant to pl 93344 such amounts will be based on the criteria provided for longrange projections in omb circular no a11 (2) authorizing legislation covering principally salaries and administrative expenses which heretofore has been enacted without specific dollar amounts may continue to be proposed for such sums as may be necessary for all fiscal years including the current and budget fiscal years c agencies should draft their authorizing bills to incorporate the highest feasible level of aggregation for new budget authority 4 required materials a budget year authorization extensions proposed legislation authorizing the continuation of existing programs in the budget year should have been submitted to congress not later than may 15 of the fiscal year preceding the current fiscal year in cases where congress did not enact budget year authorizations new or revised authorizations should be submitted to congress at the earliest possible date after the budget is published accordingly each agency will submit to omb no later than december 15 of each year 10 copies of drafts of proposed authorizing legislation to extend programs and activities that are authorized through the current fiscal year but for which it will be necessary to propose new or revised authorizations for the budget year and subsequent years since the specific amounts of the authorizations to be included cannot be determined until after decisions are made in connection with the budget the draft bills are submitted to omb should contain blank spaces for these amounts when the budget decisions are final omb and the agencies will agree on the figures to be inserted b authorization extensions for the budget year plus one proposed legislation authorizing the continuation of existing programs in the budget year plus one must be submitted to congress not later than may 15 of the current fiscal year to meet this deadline sufficient time must be provided for the legislative coordination and clearance process accordingly each agency will submit to omb as early as possible but no later than february 28 of each year 10 copies of legislative proposals for programs and activities that are authorized through the budget year but for which an authorization request is necessary for the budget year plus one and subsequent years these draft legislative proposals should include such sums as may be necessary authorizations unless the agency and omb agree that special circumstances warrant inclusion of specific amounts these figures should be the amounts agreed on as a result of the budget review and should be consistent with the fiveyear projections included in the budget c authorizations of new programs or activities in cases where decisions have been made during the budget review calling for authorizing legislation for new programs or activities proposed to begin in the budget year plus one draft bills reflecting those decisions should be submitted to omb no later than february 28 of each year as in paragraph 4b of this attachment attachment c circular no a19 revised basic forms of omb advice the basic forms of advice and their implications are set forth below: 1 in accord (not in accord) with the program of the president when an agency or a committee of congress is advised that enactment of a bill would be in accord with the program of the president the advice means that the bill is of sufficient importance for the president to give it his personal and public support that identification of the legislative proposal with the president is made in a variety of ways; eg by inclusion in one of his regular messages (state of the union economic budget) a special message speech press conference letter or leadership meeting not in accord advice indicates that a bill is so contrary to the presidents legislative proposals or other policies or is otherwise so objectionable that should it be enacted in its current form a veto would be considered it is not however necessarily a commitment to veto 2 consistent with advice is used where the relationship of a legislative proposal to the administrations objectives is direct and the administrations expressed support is desirable but the item does not warrant personal identification with or support by the president not consistent with advice signals to congress that there are major objections to a bill but does not indicate as clearly as not in accord advice that a veto would be considered if it were enacted 3 no objection from the standpoint of the administrations program advice that there is no objection to a bill from the standpoint of the administrations program is given on the large number of agency draft bills that deal with matters primarily of agency concern and do not bear a direct or immediate relationship to the presidents program or the administrations objectives in effect such advice indicates to congress that omb knows of no reason why the president would not approve the bill if congress should enact it advice to an agency that there is no objection from the standpoint of the administrations program to its submission of a report (or testimony) on a bill to a committee of congress does not indicate any commitment as to ultimate presidential approval or disapproval of the bill if it is enacted nevertheless such no objection clearance does set up certain presumptions if all agencies views are favorable the presumption is that no major objection to the bill is known and that the agencies affected will recommend presidential approval if it becomes enrolled if all agencies views are adverse the presumption is that the agencies may wish to recommend a veto if the bill becomes enrolled infrequently no objection clearance is given to agency reports expressing divergent views on the same bill when this is done it normally means that there is no objection to the bill if congress acts favorably after considering the adverse views occasionally it means that the administrations position is being reserved pending resolution of the agencies differences and this reservation may be explicitly stated the interested agencies are advised of each others differing views in these cases 4 qualified advice in some cases the advice given is qualified for example the advice may be that there would be no objection to enactment of the bill from the standpoint of the administrations program or that the bill would be consistent with the administrations objectives if it were revised in specified respects  the terms proposed legislation and report do not include materials submitted in justification of appropriation requests or proposals for reorganization plans

OMB Circular A-25 User Charges.txt

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+circular no a 25 revised (transmittal memorandum no 1) memorandum for heads of executive departments and establishments subject: user charges 1 purpose 2 rescission 3 authority 4 coverage 5 objectives 6 general policy 7 implementation 8 agency repsonsibility 9 disposition of collections 10 new activities 11 inquiries 1 purpose: the circular establishes federal policy regarding fees assessed for government services and for sale or use of government goods or resources it provides information on the scope and types of activities subject to user charges and on the basis upon which user charges are to be set finally it provides guidance for agency implementation of charges and the disposition of collections 2 rescission: this rescinds office of management and budget circular no a25 dated september 23 1959 and transmittal memoranda 1 and 2 3 authority: title v of the independent offices appropriations act of 1952 (31 usc 9701); 31 usc 1111; and executive orders no 8248 and no 11541 4 coverage: a the provisions of this circular cover all federal activities that convey special benefits to recipients beyond those accruing to the general public the circular does not apply to the activities of the legislative and judicial branches of government or to mixedownership government corporations as defined in 31 usc 9701 b the provisions of the circular shall be applied by agencies in their assessment of user charges under the ioaa in addition this circular provides guidance to agencies regarding their assessment of user charges under other statutes this guidance is intended to be applied only to the extent permitted by law thus where a statute prohibits the assessment of a user charge on a service or addresses an aspect of the user charge (eg who pays the charge; how much is the charge; where collections are deposited) the statute shall take precedence over the circular in such cases (eg sale or disposal under federal surplus property statutes; or fringe benefits for military personnel and civilian employees) the guidance provided by the circular would apply to the extent that it is not inconsistent with the statute the same analysis would apply with regard to executive orders that address user charges c in any case where an office of management and budget circular provides guidance concerning a specific user charge area the guidance of that circular shall be deemed to meet the requirements of this circular examples of such guidance include the following: omb circular no a45 concerning charges for rental quarters; omb circular no a130 concerning management of federal information resources; and omb circular no a97 concerning provision of specialized technical services to state and local governments top of page 5 objectives: it is the objective of the united states government to: a ensure that each service sale or use of government goods or resources provided by an agency to specific recipients be selfsustaining; b promote efficient allocation of the nations resources by establishing charges for special benefits provided to the recipient that are at least as great as costs to the government of providing the special benefits; and c allow the private sector to compete with the government without disadvantage in supplying comparable services resources or goods where appropriate top of page 6 general policy: a user charge as described below will be assessed against each identifiable recipient for special benefits derived from federal activities beyond those received by the general public when the imposition of user charges is prohibited or restricted by existing law agencies will review activities periodically and recommend legislative changes when appropriate section 7 gives guidance on drafting legislation to implement user charges a special benefits 1 determining when special benefits exist when a service (or privilege) provides special benefits to an identifiable recipient beyond those that accrue to the general public a charge will be imposed (to recover the full cost to the federal government for providing the special benefit or the market price) for example a special benefit will be considered to accrue and a user charge will be imposed when a government service: (a) enables the beneficiary to obtain more immediate or substantial gains or values (which may or may not be measurable in monetary terms) than those that accrue to the general public (eg receiving a patent insurance or guarantee provision or a license to carry on a specific activity or business or various kinds of public land use); or (b) provides business stability or contributes to public confidence in the business activity of the beneficiary (eg insuring deposits in commercial banks); or (c) is performed at the request of or for the convenience of the recipient and is beyond the services regularly received by other members of the same industry or group or by the general public (eg receiving a passport visa airmans certificate or a customs inspection after regular duty hours) 2 determining the amount of user charges to assess (a) except as provided in section 6c user charges will be sufficient to recover the full cost to the federal government (as defined in section 6d) of providing the service resource or good when the government is acting in its capacity as sovereign (b) except as provided in section 6c user charges will be based on market prices (as defined in section 6d) when the government not acting in its capacity as sovereign is leasing or selling goods or resources or is providing a service (eg leasing space in federally owned buildings) under these business type conditions user charges need not be limited to the recovery of full cost and may yield net revenues (c) user charges will be collected in advance of or simultaneously with the rendering of services unless appropriations and authority are provided in advance to allow reimbursable services (d) whenever possible charges should be set as rates rather than fixed dollar amounts in order to adjust for changes in costs to the government or changes in market prices of the good resource or service provided (as defined in section 6d) 3 in cases where the government is supplying services goods or resources that provide a special benefit to an identifiable recipient and that also provide a benefit to the general public charges should be set in accordance with paragraph (2) of section 6a therefore when the public obtains benefits as a necessary consequence of an agencys provision of special benefits to an identifiable recipient (ie the public benefits are not independent of but merely incidental to the special benefits) an agency need not allocate any costs to the public and should seek to recover from the identifiable recipient either the full cost to the federal government of providing the special benefit or the market price whichever applies 4 no charge should be made for a service when the identification of the specific beneficiary is obscure and the service can be considered primarily as benefiting broadly the general public b charges to the direct recipient charges will be made to the direct recipient of the special benefit even though all or part of the special benefits may then be passed to others c exceptions 1 agency heads or their designee may make exceptions to the general policy if the provision of a free service is an appropriate courtesy to a foreign government or international organization; or comparable fees are set on a reciprocal basis with a foreign country 2 agency heads or their designee may recommend to the office of management and budget that exceptions to the general policy be made when: (a) the cost of collecting the fees would represent an unduly large part of the fee for the activity; or (b) any other condition exists that in the opinion of the agency head or his designee justifies an exception 3 all exceptions shall be for a period of no more than four years unless renewed by the agency heads or their designee for exceptions granted under section 6c(1) or the office of management and budget for exceptions granted under section 6c(2) after a review to determine whether conditions warrant their continuation 4 requests for exceptions and extensions under paragraphs (2) and (3) of section 6c shall be submitted to the director of the office of management and budget d determining full cost and market price 1 full cost includes all direct and indirect costs to any part of the federal government of providing a good resource or service these costs include but are not limited to an appropriate share of: (a) direct and indirect personnel costs including salaries and fringe benefits such as medical insurance and retirement retirement costs should include all (funded or unfunded) accrued costs not covered by employee contributions as specified in circular no a11 (b) physical overhead consulting and other indirect costs including material and supply costs utilities insurance travel and rents or imputed rents on land buildings and equipment if imputed rental costs are applied they should include: (i) depreciation of structures and equipment based on official internal revenue service depreciation guidelines unless better estimates are available; and (ii) an annual rate of return (equal to the average long term treasury bond rate) on land structures equipment and other capital resources used (c) the management and supervisory costs (d) the costs of enforcement collection research establishment of standards and regulation including any required environmental impact statements (e) full cost shall be determined or estimated from the best available records of the agency and new cost accounting systems need not be established solely for this purpose 2 market price means the price for a good resource or service that is based on competition in open markets and creates neither a shortage nor a surplus of the good resource or service (a) when a substantial competitive demand exists for a good resource or service its market price will be determined using commercial practices for example: (i) by competitive bidding; or (ii) by reference to prevailing prices in competitive markets for goods resources or services that are the same or similar to those provided by the government (eg campsites or grazing lands in the general vicinity of private ones) with adjustments as appropriate that reflect demand level of service and quality of the good or service (b) in the absence of substantial competitive demand market price will be determined by taking into account the prevailing prices for goods resources or services that are the same or substantially similar to those provided by the government and then adjusting the supply made available andor price of the good resource or service so that there will be neither a shortage nor a surplus (eg campsites in remote areas) top of page 7 implementation: a the general policy is that user charges will be instituted through the promulgation of regulations b when there are statutory prohibitions or limitations on charges legislation to permit charges to be established should be proposed in general legislation should seek to remove restraints on user charges and permit their establishment under the guidelines provided in this circular when passage of this general authority seems unlikely more restrictive authority should be sought the level of charges proposed should be based on the guidelines in section 6 when necessary legislation should: 1 define in general terms the services for which charges will be assessed and the pricing mechanism that will be used; 2 specify fees will be collected in advance of or simultaneously with the provision of service unless appropriations and authority are provided in advance to allow reimbursable services; 3 specify where collections will be credited (see section 9) legislative proposals should not normally specify precise charges the user charge schedule should be set by regulation this will allow administrative updating of fees to reflect changing costs and market values where it is not considered feasible to collect charges at a level specified in section 6 charges should be set as close to that level as is practical c excise taxes are another means of charging specific beneficiaries for the government services they receive new user charges should not be proposed in cases where an excise tax currently finances the government services that benefit specific individuals agencies may consider proposing a new excise tax when it would be significantly cheaper to administer than fees and the burden of the excise tax would rest almost entirely on the user population (eg gasoline tax to finance highway construction) excise taxes cannot be imposed through administrative action but rather require legislation legislation should meet the same criteria as in section 7b; however it is necessary to state explicitly the rate of the tax agency review of these taxes must be performed periodically and new legislation should be proposed as appropriate to update the tax based on changes in cost any excise tax proposals must be approved by the assistant secretary for tax policy at the department of the treasury d when developing options to institute user charges administratively agencies should review all sources of statutory authority in addition to the independent offices appropriations act that may authorize implementation of such charges e in proposing new charges or modifications to existing ones managers of other programs that provide special benefits to the same or similar user populations should be consulted joint legislative proposals should be made and joint collection efforts designed to ease the burden on the users should be used whenever possible f every effort should be made to keep the costs of collection to a minimum the principles embodied in circular no a76 (performance of commercial activities) should be considered in designing the collection effort g legislative proposals must be submitted to the office of management and budget in accordance with the requirements of circular no a19 to ensure the proper placement of user fee initiatives in the budget account structure agencies are encouraged to discuss proposals with omb at an early stage of development top of page 8 agency responsibility: agencies are responsible for the initiation and adoption of user charge schedules consistent with the policies in this circular each agency will: a identify the services and activities covered by this circular; b determine the extent of the special benefits provided; c apply the principles specified in section 6 in determining full cost or market price as appropriate; d apply the guidance in section 7 either to institute charges through the promulgation of regulations or submit legislation as appropriate; e review the user charges for agency programs biennially to include: (1) assurance that existing charges are adjusted to reflect unanticipated changes in costs or market values; and (2) a review of all other agency programs to determine whether fees should be assessed for government services or the user of government goods or services agencies should discuss the results of the biennial review of user fees and any resultant proposals in the chief financial officers annual report required by the chief financial officers act of 1990; f ensure that the requirements of omb circular no a 123 (internal control systems) and appropriate audit standards are applied to collection; g maintain readily accessible records of: the services or activities covered by this circular; the extent of special benefits provided; the exceptions to the general policy of this circular; the information used to establish charges and the specific method(s) used to determine them; and the collections from each user charge imposed  maintain adequate records of the information used to establish charges and provide them upon request to omb for the evaluation of the schedules and provide data on user charges to omb in accordance with the requirements in circular no a11 top of page 9 disposition of collections: a unless a statute provides otherwise user charge collections will be credited to the general fund of the treasury as miscellaneous receipts as required by 31 usc 3302 b legislative proposals to permit the collections to be retained by the agency may be appropriate in certain circumstances proposals should meet the guidelines in section 7b proposals that allow agency retention of collections may be appropriate when a fee is levied in order to finance a service that is intended to be provided on a substantially selfsustaining basis and thus is dependent upon adequate collections 1 generally the authority to use fees credited to an agencys appropriations should be subject to limits set in annual appropriations language however it may be appropriate to request exemption from annual appropriations control if provision of the service is dependent on demand that is irregular or unpredictable (eg a fee to reimburse an agency for the cost of overtime pay of inspectors for services performed after regular duty hours) 2 as a normal rule legislative proposals that permit fees to be credited to accounts should also be consistent with the fullcost recovery guidelines contained in this circular any fees in excess of full cost recovery and any increase in fees to recover the portion of retirement costs which recoups all (funded or unfunded) accrual costs not covered by employee contributions should be credited to the general fund of the treasury as miscellaneous receipts 10 new activities: whenever agencies prepare legislative proposals for new or expanded federal activities that would provide special benefits the policies and criteria set forth in this circular will apply 11 inquiries: for information concerning this circular consult the office of management and budget examiner responsible for the agencys budget estimates top of page

OMB Circular A-45 Rental and Construction of Government Quarters.txt

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+circular no a 45 revised october 20 1993 office of the director to the heads of executive departments and establishments subject: rental and construction of government quarters 1 purpose 2 background 3 rescission 4 authority 5 policy 6 definitions 7 procedures for determining rents and other charges 8 construction of federallyowned housing 9 agency regulations 10 inquiries appendix: isolation adjustment computation 1 purpose this circular sets forth policies and administrative guidance to be used by executive agencies in establishing and administering rental rates and other charges for government rental quarters and related facilities located within the fifty states the district of columbia and the territories and possessions of the united states it also sets forth policies and administrative guidance to be used by executive agencies respecting construction of federallyowned housing (exclusive of military barracks) for civilian and military personnel as well as for employees of government contractors whether provided on a rental basis or free of charge both in the united states and overseas this circular does not deal with determinations of whether construction of housing is appropriate for which please see office of management and budget (omb) circular no a11 preparation and submission of budget estimates section 125(n) 2 background the policies and procedures of this circular have been revised pursuant to section 9 of the 1984 version of the circular portions of omb circular no a18 policies on construction of family housing (rescinded august 26 1992) have been incorporated into section 8 of this circular 3 rescission this rescinds omb circular no a45 dated march 28 1984 as amended and incorporates portions of rescinded omb circular no a18 policies on construction of family housing october 18 1957 4 authority this circular is issued by virtue of the authority vested in the president by 5 usc section 5911(f) and delegated to the director of the office of management and budget by section 9 of executive order 11609 of july 22 1971; by 31 usc section llll; and by section 2(d) of executive order 8248 of september 8 1939 and section 1 of executive order 11541 of july 1 1970 5 policy a reliance on private housing market it is the policy of the federal government to rely on the private housing market to provide housing for its civilian employees if there is no requirement of service or protection or if there is no lack of available housing as discussed in omb circular no a11 preparation and submission of budget estimates subsection 125(n)(2) and (3) agencies must not acquire additional rental quarters b determination of rents agencies of the federal government must adhere to the following in determining rental rates for government rental quarters: 1 reasonable value to employee rental rates and charges for government quarters and related facilities will be based upon their reasonable value    to the employee    in the circumstances under which the quarters and facilities are provided occupied or made available 5 usc section 5911 as intended by the congress reasonable value to the employee or other occupant is determined by the rule of equivalence; namely that charges for rent and related facilities should be set at levels equal to those prevailing for comparable private housing located in the same area when practicable; and 2 subsidies inducements prohibited federal employees whose pay and allowances are fixed by statute or regulation may not receive additional pay and allowances for any service or duty unless specifically authorized by law 5 usc section 5536 consequently rents and other charges may not be set so as to provide a housing subsidy serve as an inducement in the recruitment or retention of employees or encourage occupancy of existing government housing 3 fairness consistency when properly determined in accordance with the provisions of this circular rental rates will be fair as between the government and the employee (or other authorized occupant) and as between employees of different agencies living in the same installation in similar housing or employees living in government quarters at different installations rents should not be set so as to serve as an inducement to recruit or retain employees moreover rents should reflect a consistent local pattern for all federal quarters in a given location c employee responsibilities employees have a responsibility to inform themselves of all the conditions that prevail in and near the quarters and duty stations to which they might be assigned before accepting transfer to or employment at such duty stations 6 definitions a agency as defined in pub l 88459 78 stat 557 (1964) the term agency means (1) each executive department of the government; (2) each agency or independent establishment in the executive branch of the government; (3) each corporation owned or controlled by the government except the tennessee valley authority; and (4) the general accounting office b air conditioning the process of cooling air either through evaporation of water (evaporative cooling) or refrigeration (mechanical or absorption) and the distribution of such air c base rental rate the base rental rate is the rental value of the quarters established in accordance with the provisions of this circular before applying any administrative adjustments or charges for related facilities d comparable housing comparable housing is housing in the private sector that is generally equivalent in size to the rental quarters with the same number of bedrooms and with generally equivalent amenities and related facilities such housing is housing available on a landlordtenant basis with rental rates reflecting the fair market value of the accommodations this is distinguished fromhousing rented on an employeremployee basis or between friends and relatives for which other considerations may have influenced the rental rates in addition other government rental housing (federal state or local) and housing provided by churches or religious societies are excluded from this definition of comparable housing e construction construction includes conversions of structures for dwelling purposes f established community an established community is ordinarily the nearest population center (metropolitan statistical area or an incorporated or unincorporated city or town) having a yearround population of 1500 or more (5000 or more in alaska) provided that it has minimum essential medical facilities (ie at least one physician and one dentist) available to all occupants of government quarters on a nonemergency basis and a private rental market with housing available to the general public population determinations will be basedupon the most recently published decennial census of the united states g net area for purposes of construction of quarters the net area of a dwelling is the space inside exterior or party walls excluding only attic garage and basement (or service and storage space in lieu of basement) h reasonable value reasonable value for rental quarters is to be measured by the test of equivalence ie what the employee would pay for comparable housing in the open market rental rates including charges for related facilities when appropriate will be based upon prevailing rates for comparable private housing located in the same general area after taking into account those factors that reduce or increase the value of the housing to the tenant i related facilities related facilities are equipment supplies and services made available in connection with the occupancy of quarters including but not limited to household furniture and equipment garage space utilities subsistence and trash and laundry services j rental quarters except as specifically excluded herein or by statute the term rental quarters includes all furnished and unfurnished quarters supplied under specific government authority to government employees contractors contractor employees and all other persons to whom housing is provided as an incidental service in support of government programs it includes but is not limited to government owned or leased dwellings apartments bunkhouses dormitories trailer pads cabins guard stations and lookouts mobile homes house trailers and housekeeping as well as nonhousekeeping units the term excludes tents containers housing which due to extreme deterioration is unsuitable for occupancy except in exigent circumstances and public quarters designated for occupancy by members of the uniformed services with loss of allowances but it includes quarters occupied by such personnel on a rental basis under 37 usc section 403(e) 42 usc subsection 1594a(f) and 1594b and other authorities k room a room is a living space such as a living room bedroom kitchen finished attic or basement or other suitable living space a half room is a small space used for living purposes such as a dinette breakfast nook dressing room or reception room no count is made of bathrooms strip or pullman kitchens halls or foyers alcoves pantries laundries storage or utility rooms or unfinished attics and basements 7 procedures for determining rents and other charges a charges for quarters the determination of reasonable value of government rental quarters will be based upon an impartial study of comparable private rental housing there are two methods that may be employed to determine the base rental rate the first an appraisal involves direct comparison with individual private rental housing units the second the regional survey creates a series of economic models based upon a survey of comparable private rental housing throughout the region while both methods are accurate agencies are encouraged to utilize the survey method whenever possible due to the costs and administrative burdens associated with conducting individual appraisals both methods are subject to the conditions and limitations set forth below 1 appraisals (a) urban and suburban locations if government quarters are located in or within five miles of an established community in an urban or suburban location the base rental rate may be determined by either a staff or contract appraiser applying recognized real estate valuation principles none of the administrative adjustments provided in subsection 7c will be made for isolation site amenities space devoted to official use or excessive heating or cooling costs when an appraisal is made in an urban or suburban location these factors if appropriate will already have been considered by the appraiser in the appraisal process adjustments suitably documented may be made by agencies when an appraiser has not considered or incorrectly calculated the effect of these factors (b) rural areas when the appraisal method is used to determine the reasonable value of quarters that are not located in or within five miles of an established community it will be subject to thefollowing limitation: to ensure a uniform approach to valuation when conducting an appraisal in such areas the staff or contract appraiser will be limited to comparing the government rental quarters with housing in the nearest established community (if the nearest established community does not contain sufficient comparables or is unduly affected by severe economic conditions the appraiser may select comparable rental units from the next closest established community that does have sufficient comparables or does not have a severely deflated or inflated housing market) such comparison will be limited to adjustments for the physical differences in the housing the appraiser in such circumstances will not make adjustments for location (isolation) or for the absence of site amenities these adjustments if applicable will be made administratively in the same manner as authorized for regional surveys in subsections 7c(1) and 7c(2) 2 regional surveys regional surveys may be used in all locations where government quarters are located if the regional survey method is used the base rental rates will be set by means of a series of economic models that utilize typical rental rates for comparable private rental housing in the established communities nearest to the sites in which the government quarters are located (if the nearest established community does not contain sufficient comparables or is unduly affected by severe economic conditions the survey may utilize comparable rental units from the next closest established community that does have sufficient comparables or does not have a severely deflated or inflated housing market the actual analysis of rental data for the establishment of base rental rates may be accomplished using appropriate statistical techniques such as stepwise multiple regression to avoid duplication and inconsistent rates all agencies with quarters in a given location should coordinate their survey plans and conduct a single survey applicable to all the area selected for survey should be large enough to permit an adequate sampling of comparable rental properties in several established communities and may encompass one or more states ideally the survey would establish the rental rates for a large number of government quarters and thereby reduce the cost per unit surveyed the methods of analysis must be capable of recognizing both the physical characteristics and the differences in economic conditions and reflecting such differences in the base rental rates private rental housing samples reflecting extremely high or low rental rates should be excluded from the data base subjected to final analysis appropriate adjustments may be made to the base rental rates established for quarters in accordance with the provisions of subsection 7c 3 agency review regardless of the method used results of surveys and appraisals will be reviewed by the agency prior to implementation to assure that they are fair and reasonable and that they were developed in accordance with the provisions of this circular in those communities where the rental rates are extremely high or low the rental housing market should be reviewed periodically between surveys to determine whether changes in the private rental housing market warrant revision of the base rental rates for the quarters located near those communities b charges for related facilities and costs 1 utilities it is government policy to minimize energy consumption consumption has been found to decrease when occupants of government rental quarters are required to pay for the actual cost of utilities used (such as electricity oil natural gas propane coal telephone cable television water and sewer) utilities should be furnished by a private company and billed directly to the occupant wherever possible when government furnished utilities are provided they should be metered or measured where practicable the rate for utilities furnished by the government will be the same as the residential rate for these utilities in the nearest established community (when the appraisal method is used) or survey area (when the survey method is used) used in determining the base rental rate the consumed amount of government furnished utilities that are individually metered or measured will be determined by actual readings when government furnished utilities are not individually metered or measured consumption will be determined on the basis of an analysis of the average amounts of utilities used in comparable private rental housing in the nearest established community (when the appraisal method is used) or survey area (when the survey method is used) (such estimates are usually available from local utility companies) alternatively consumption may be determined using engineering tables (such as design heat loss tables from the american society of heating and refrigeration engineers) and meteorological records normally utility charges will be clearly shown and separated from rent charges utility charges may be combined however in one charge for nonhousekeeping rooms where it is impractical to shut off heat and electricity to unused rooms and the employee is otherwise entitled to the reduction in section 7c(5) for quarters of excessive size a proportionate reduction in the utility charges based on the area of the unused quarters may be made 2 furnishings if there is an inadequate market of comparably furnished housing for purposes of comparison with furnished government quarters the rents on otherwise comparable unfurnished private units may be used as the base and adjusted by a reasonable charge for furnishings this adjustment should be based on actual replacement costs allocated over the useful life of the furnishings 3 other services charges for other services provided by the government including but not limited to laundry trash and garbage removal lawn care and snow removal will be based upon prevailing rates for such services in the nearest established community (when the appraisal method is used) or survey area (when the survey method is used) 4 adjustments to obtain base rental rate where the rental charge for comparable housing includes the values of utilities furnishings or other services downward adjustments to obtain the base rental rate will be based on the prevailing rates for such utilities furnishings and other services in the nearest established community (when the appraisal method is used) or the survey area (when the survey method is used) the value of furnishings and other services may be based upon national average costs where such data are available 5 excessive heating or cooling costs a deduction from the rental rate is permissible if quarters require an unreasonable additional expense to the employee for heating or cooling because of poor design the lack of allweather construction or other related factors the amount of the deduction will be determined as follows: if the rental quarters in question require expenses to the occupant in excess of 25 percent for the heating or cooling season over the average of heating or cooling for comparable housing in the same area and climate zone as determined by a suitable survey or appraisal the head of agency may determine that the excessive costs (ie those in excess of 25 percent over the average) may be deducted from the annual rental rates c administrative adjustments additional adjustments in the form of deductions from the base rental rate are appropriate in the specific situations described below the total amount deducted for all reasons must not be excessive resulting in a rental rate to the occupant that is less than the reasonable value of the quarters since this would constitute a supplementation of salary in contravention of law the rental rate after all adjustments must not be less than 50 percent of the base rental rate unless an adjustment for isolation has been made in such instances the rental rate may be set at not less than 40 percent of the base rental rate 1 isolated locations in some cases the government supplies quarters in locations where minimal community services are available but only at some distance from the quarters in addition travel conditions or mode of transportation may serve further to isolate some employees from minimal community services in such situations the agency shall grant a reasonable adjustment to ameliorate the direct economic effects of the isolation utilizing the procedure described below and in the appendix the nearest established community will be used as the community for calculating the deduction even though that community may not serve as the location of the comparable private rental housing used in establishing the base rental rates the mileage used in computing the adjustment will be the shortest route usually traveled from the rental quarters to the center of the nearest established community if that route is closed seasonally a weighted average adjustment will be used for the entire year based upon the number of months each route would ordinarily be used the adjustment is designed to recognize different categories of highways and modes of transportation because of the range of possible travel conditions and modes of transportation point values have been assigned to each category of transportation these point values represent differences in time cost or both associated with each mile of each category of transportation from the quarters to the nearest established community the point values are multiplied by the number of oneway miles from the quarters to the nearest established community to produce oneway points when travel from the quarters to the nearest established community involves more than one category of transportation the oneway miles are distributed accordingly when the category of travel is category 4 or 5 on the isolation adjustment computation form in the appendix 29 and 27 points are added respectively to the product of columns a and b the oneway points in each category are then added to produce total oneway points which must exceed 30 or there is no adjustment finally the total adjusted points for all modes of transport are multiplied by an isolation adjustment factor (based on the automobile mileage allowance determined by the general services administration) to produce the monthly dollar adjustment 2 site amenities living conditions at the locations of some government housing are not always the same as those found in or immediately adjacent to the survey or appraisal communities in such communities the amenities listed below are generally present and their contributory value included in the base rent the lack of availability of any of these items at the quarters location represents a generally less desirable condition that should be reflected as a negative percentage adjustment to the base rental rate as shown below (a) reliability and adequacy of water supply the system should provide potable water (free of significant discoloration or odor) at adequate pressure at usual outlets (no more than a 3 percent adjustment can be made for this category) (b) reliability and adequacy of electric service service must equal or exceed a 100ampere power system capable of providing 24hour service under normal conditions (occasional temporary outages are considered normal) if an adequate backup generator is available the amenity will be rated as present regardless of the reliability of the primary power source (no more than a 3 percent adjustment can be made for this category) (c) reliability and adequacy of fuel for heating cooling and cooking there should be sufficient fuel storage capacity to meet prevailing weather conditions and cooking needs where electricity is used to heat cool or cook this adjustment is to be made only when the deduction in (b) above applies (no more than a 3 percent adjustment can be made for this category) (d) reliability and adequacy of police protection law enforcement personnel including government employees with law enforcement authority should be available on a 24hour basis availability is defined as the ability to respond to emergencies as quickly as any officer in the nearest established community parttime officers are not necessarily unable to meet this test of availability gaps in availability due to temporary illness or injury use of annual leave temporary duties training or other short absences do not render law enforcement personnel unavailable at the government quarters (no more than a 3 percent adjustment can be made for this category) (e) fire insurance availability or reliability and adequacy of fire protection fire insurance should be available with the premium charge based upon a rating equal to the rating available to comparable housing located in or adjacent to the nearest established community or in the alternative adequate equipment adequate water (or fire retardant chemical) supply and trained personnel should be available on a 24hour basis to meet foreseeable emergencies if either element is present ie adequate insurance or an adequate fire fighting capability no adjustment may be made (no more than a 3 percent adjustment can be made for this category) (f) reliability and adequacy of sanitation service an adequately functioning sewage disposal system and a solid waste disposal system whether community or individually provided should be available individual sewage disposal systems (septic cesspool or other) will be considered adequate even though they may require periodic maintenance as long as they are usable during periods of occupancy (no more than a 3 percent adjustment can be made for this category) (g) reliability and adequacy of telephone service twentyfourhour accessibility to commercial telephone facilities should be available a deduction of 3 percent is authorized if telephone service is unavailable both within the employees quarters and within 100 yards of the quarters a deduction of 2 percent is authorized if there is no telephone service within the employees quarters but telephone service (either private or party line) is available within 100 yards of the quarters a deduction of 1 percent is authorized if telephone service is available in the employees quarters but is not private line service andor is not accessible on a 24 hour per day basis (h) noise and odors there should be an absence of significant frequent disturbing noises or offensive odors (no more than a 3 percent adjustment can be made for this category) (i) miscellaneous improvements one or more of the following improvements should be present: paved roads sidewalks or street lights (no more than a 1 percent adjustment can be made for this category) 3 impositions on privacy or living space administrative adjustments in the base rental rate are allowed if the living space or privacy of the occupant is restricted in each such case the agency will make a special determination of the specific conditions making certain that the conditions have not already been reflected in establishing the base rental rate (a) loss of privacy if occupants are subject to loss of privacy during nonduty hours by virtue of repeated public visits (ie occurring several times daily) or inhibited from enjoying the full range of activities normally associated with rental occupancies (such as where restrictions are imposed on activities in quarters in or near national cemeteries or where quarters are within view of prison inmates) a deduction not to exceed 10 percent of the base rental rate is allowable proportional deductions will be made in situations of less frequency or seriousness in their impact upon privacy or usage or to reflect seasonal variations (b) space devoted to official use when the agency determines that the use of a portion of the quarters is required for official business (ie office storage etc ) loss of living space should be reflected by an adjustment to the base rental rate based on the square footage occupied 4 transient and temporary use of quarters for other than temporary duty assignments and uniformed service members on permanent change of station (a) transient quarters charges for quarters occupied on a transient basis that is normally for 90 days or less will be assessed at rates equivalent to private transient housing of comparable type and quality these rates may be set on a nightly or weekly basis or both if comparable private transient housing does not exist in the area the rental may be established by determining the reasonable monthly rental rate for the quarters through application of the other provisions of this circular and adding to the monthly rate an additional charge of at least 20 percent to cover necessary additional administrative and service charges the total will be divided by 30 days for the nightly rate or 413 weeks for the weekly rate (b) temporary quarters this adjustment will apply when an employee occupies quarters for the convenience of the government on a temporary basis (normally more than 60 days) and does not receive per diem under these circumstances if the employee maintains two households the agency is authorized to adjust the rental rate on the quarters unit so that the combined rent or rent and mortgage payment paid during the period of occupancy is not excessively burdensome the adjustment may not exceed 20 percent of the base rental rate of the quarters unit unless the agency determines that the circumstances fully justify a greater deduction 5 quarters of excessive or inadequate size or quality if there is a lack of housing of appropriate size or quality an employee may be provided government quarters of a size or quality either excessive or inadequate to that which the prudent employee would have selected in the private community in these exceptional circumstances the base rental rate will be reduced by up to 10 percent in direct proportion to the degree of the excess or deficiency this reduction will not continue beyond one month after the availability of either appropriate government rental quarters or private rental housing except when the agency determines that the reassignment of quarters will not benefit the government 6 changes in administrative adjustments for specific quarter rental rates agencies should implement new administrative adjustments to reflect changes in any of the factors contained in subsection 7c as soon as possible after learning of those changes normally within 30 days d cyclical and annual adjustments; newly acquired quarters charges for rental quarters and related facilities shall be adjusted periodically in accordance with the following: (a) when the private rental market survey or appraisal is made during the months of september through february no cpi adjustment will be made on march 1 of the following year but will be deferred until the start of the first pay period that begins after march 1 of the following year rental adjustments based on the survey or appraisal will be put into effect in the usual manner example: if the survey month is october 1989 no cpi adjustment will be made in march 1990 but will be deferred until march 1991 such cpi adjustments will be based on the changes in the cpi from the actual date of the survey through september 1990 (b) when the private rental market survey or appraisal is made during the months of march through august no cpi adjustments will be made in march of that year but will be deferred until the start of the first pay period that begins after march 1 of the following year rental adjustments based on the survey will be put into effect in the usual manner example: if the survey month is april 1989 no cpi adjustment will be made in march 1989 but will be deferred until march 1 1990 such cpi adjustment will be based on the changes in the cpi from the actual date of the survey through september 1989 1 adjustments based on surveys or appraisal base rental rates established for rental quarters shall be affirmed or adjusted by a survey or appraisal of the private rental market as follows: (a) at least every fifth year or when the base rental rate for the quarters has been increased by 40 percent through application of the rent series of the us city average revised consumer price index for urban wage earners and clerical workers rent series whichever occurs first or (b) any year when changes in the private rental market in the nearby established community indicate a need to adjust base rental rates on the basis of a survey or appraisal of the rental market 2 adjustments based on changes in the cpi annual adjustments in the base rental rate shall be made by applying the percent change in the cpi rent series from the month and year that the last regional survey or reappraisal of the private rental market was conducted the new rates shall be effective at the beginning of the first pay period that starts on or after march 1 of each year though effective in march the adjustment shall be based on the preceding september cpi data to provide the required lead time 3 annual adjustments for isolation the isolation adjustment factor (currently 19) will be recomputed each year to reflect the government mileage allowance for automobiles published by the general services administration as of the last day of september each year the new isolation adjustment factor will be used to compute the monthly isolation adjustment applicable to rents being charged starting with the first full pay period in march of each year this is done to coincide with the implementation of rental rates adjusted by the cpi rent series each year as required in section 7d(2) of this circular 4 annual adjustments of utilities furnishings and services to ensure that rates for government furnished utilities furnishings and services keep pace with current costs they shall be adjusted annually where appraisals are used the rate will be the average residential rate for the utility furnishings and services in the nearest established community as of the last day of september where surveys are used utility costs will be adjusted by amounts coinciding with the changes in the appropriate components of the september consumer price index for urban wage earners and clerical workers: nonfood expenditure categories seasonally adjusted us city average the adjusted value of furnishings and other services may be based upon local or national average costs the new changes will be effective at the beginning of the first pay period that starts on or after march 1 of each year 5 periodiccycle year adjustment the cycle year (and survey or appraisal month within the cycle year) occurs at different times for different employee quarters within an agency therefore since annual cpi adjustments effective in march are based on the preceding september cpi data cycle year adjustments for any particular quarters or facility shall be made as follows: (a) when the initial survey or appraisal of the private rental market is made during the months of march through august the initial cpi adjustment will be made at the start of the first pay period that begins after march 1 of the following year (b) when the initial survey or appraisal of the private rental market is made during the months of september through february the initial cpi adjustment will be made in accordance with the procedure set forth in subparagraph (5) (a) above  newly acquired service rates for newl acquired quarters shall be the same as those prevailing for similar government rental quarters in the area if there are no established rates an initial survey or appraisal to establish valid and realistic comparability with private rental housing shall be made upon acceptance of newly acquired quarters and the corresponding rental rates shall be made effective upon occupancy the initial cpi adjustment in rental rates shall be made as follows: incremental adjustments if new appraisals surveys or cpi adjustments result in increases in rental rates of 25 percent or more above the current rental rate such increases may be imposed incrementally over a period not to exceed one year on the condition that they be applied in equal increments on at least a quarterly basis e qualifications and extensions the principle of comparability with private rental practice may be modified under the conditions described below: (1) extension of comparability for lack of available alternative quarters employees must sometimes occupy space for use as quarters that is generally unsuitable for that purpose such space may be unsuitable for example because it was originally built for seasonal occupancy only or because it was not originally built for use as quarters in other instances quarters may be suitable only for particular types of occupancy such as rooming houses bunkhouses bachelor quarters residence hoteltype structures barrackstype structures or guard stations and lookouts in all such cases if no comparable rental data can be obtained or professional appraisals are not made rental rates will be determined by the square footage occupied at a rate equivalent to onehalf the base rental rate per square foot charged for the nearest adequate rental quarters of the same or any other federal agency this rate will apply only to the shelter rental with additions thereto for all other related facilities at rates comparable to those in the area rental and other charges will be based upon desired capacity and when so determined will remain in effect for each occupant without regard to fluctuations in the number of occupants from time to time either above or below designed capacity in buildings where space is assigned for occupancy of several persons or families commonuse space in the building will be distributed to all occupants in proportion to the space assigned for the sole occupancy of each to detremine the number of square feet chargeable to each commonuse space includes for example washrooms stairs hallways and storage lobby and lounge areas (2) quarters for uniformed service personnel rental rates and other charges incident to the occupancy of quarters on a rental basis by members of the uniformed services will be established in accordance with the provisions of this circular those quarters that have been designated inadequate public quarters or substandard pursuant to law and regulations of the surgeon general of the public health service and the secretaries of defense and transportation require special treatment in one respect the total of the rental rate plus charges for furniture and utilities (except telephone) will be adjusted if required so as not to exceed 75 percent of the members basic allowance for quarters the rental rate as used in the preceding sentence is the rate obtained after the additions or deductions required or authorized elsewhere in this circular have been applied to the base rental rate including that requirement contained in subsection 7c that the rental rate after adjustments will not be less than 50 percent of the base rental rate (3) instances of hardship in certain hardship cases where continued occupancy of public quarters by former uniformed service members and dependents or by dependents of deceased service members is permitted an amount equivalent to the members full basic allowance for quarters and other housing allowances (ie variable housing allowance etc) may be charged for such periods of time as may be properly allowed in each particular case occupancy of quarters in such instances will normally not exceed 60 days similarly former federal employees (or other occupants) and dependents or dependents of deceased federal employees (or other occupants) may continue to occupy government rental quarters for a period normally not to exceed 60 days such occupants will continue to pay the established rental rate for those quarters (4) alternative requirements the provisions of this circular will not apply in the following instances: (a) when employees attend training programs at federal or private facilities and the cost of housing is factored into the program cost to the agency or through other means the valuation rules of this circular need not be applied so long as the per diem rate (or actual per diem expense rates) paid the employee is set to reflect the fact that the housing is provided at no cost to the employee in other than training situations when employees are receiving per diem (or actual per diem expense rates) and occupying government housing the per diem paid the employees is set to reflect the fact that the housing is provided at no cost to the employee (b) when employees are receiving a remote worksite commuting allowance in accordance with 5 usc 5942 and housing is provided at no cost to the employees the allowance paid will consist of factors other than the housing cost portion of the allowance (5) exceptions efforts have been made in the preparation of this circular to allow for unusual circumstances that may exist with respect to rental quarters exceptions to the requirements included in this circular will be permitted therefore only upon written request and in those very unusual circumstances when it is demonstrated to the office of management and budget that the application of the provisions of this circular will not result in a rental rate equivalent to the reasonable value of the quarters to the occupant if an exception is granted by the director of the office of management and budget the agency concerned will be notified in writing 8 construction of federallyfunded housing unless otherwise provided by law (eg 10 usc 2826) the following provides guidance to agencies on determining housing construction needs and construction standards: a determination of number of families to be housed and pattern of housing required the agency should determine the number of families to be housed under the particular circumstances and the probable pattern of family size and composition by a statistical study of families and numbers of dependents within the service or agency adjusted for agency experience changes in staffing patterns and national trends in family size most frequently the agency will be adding a limited number of houses at a station where some housing already exists under these circumstances the agency should first make certain that existing housing (owned leased or otherwise available to the agency) is properly assigned after ascertaining that there is a proper utilization of existing housing the agency should determine what further construction if any is required to establish a proper pattern of housing at the station the determination must discount temporary and unusual peak numbers of employees at the station but not necessarily recurring requirements for seasonal employees who must be housed three general situations with basically different housing requirements are likely to occur: 1 small station where only one to five government houses are to be supplied at a station it is likely that no stable family pattern can be predicted on a statistical basis the most reasonable method of meeting the housing requirement under these circumstances is to supply three threebedroom houses one two bedroom house and one fourbedroom house 2 medium station where five to 25 government houses are to be supplied the group is probably still too small to expect a stable family pattern but the group is too large to permit building all houses the same size under these circumstances the agency should seek to develop a flexible housing supply if possible however in view of family size trends it would be best to construct mostly threebedroom houses with a smaller number of twobedroom houses and a few fourbedroom houses 3 large station where more than 25 government houses are to be supplied it is reasonable to expect that a fairly stable family pattern exists under these circumstances the agency should determine what this pattern is as described above and utilizing table 1 below plan to provide the appropriate number and distribution of rooms at military installations the probable number of personnel entitled to family housing quarters by grade rank and position will determine the family housing requirements in the table of net floor areas given below table 1 the normal construction limits will govern the maximum areas of houses to be constructed except that agencies may construct up to the statutory or maximum limitation for housing for commanding officers and in unusual circumstances the numbers of rooms will be governed by table 1 below showing the relation between number of bedrooms and net square footage areas omb will consider exceptions under special circumstances only when fully justified number of rooms persons rooms to baths baths in household be provided bedrooms onestory twostory 23 4 2 1 1 or l12 4 5 512 or 6 3 1 or 112 2 or 212 5 512 6 or 7 3 or 4 l12 or 2 2 or 212 6 7 4 2 2 or 212 table 1 b types of family dwellings to be constructed family dwellings similar in type to acceptable dwellings normally built in the local area will be constructed whenever practicable with full advantage being taken of the economy of construction and maintenance of multiplefamily dwellingsapartment row or duplex the construction of singlefamily dwellings may receive special consideration in locations where remoteness of the station from other community facilities makes it undesirable from the standpoint of safety employee morale recruitment and retention of personnel and satisfactory living conditions under adverse circumstances to house employees in multiplefamily dwellings c prospective rental levels and their effect on construction the type of dwellings to be constructed will also be governed by the amount of rent that the occupants can afford to pay (public quarters excepted) as determined in accordance with this circular hence care must be taken to ensure that dwellings would rent at rates within the reach of employees to be housed in cases where there are large numbers of high salaried personnel who would normally rent larger houses than are usually provided on the station and where the ability to hold such employees in government service may be dependent upon the housing available agencies may construct a limited number of larger houses upon securing specific advance approval from omb d determination of the number of rooms to be provided in family housing the number of rooms to be provided must be based on the size and normal composition of families to be housed consideration should be given to the trends in family size it is permissible to provide larger houses for civilian directors or military commanders of large stations for military officers of general or flag rank chiefs of foreign service missions foreign service officers with the rank of career minister and to a limited extent for higher salaried personnel who can afford to and will pay commercially comparable rents for superior quarters table 2 below indicates the number of rooms and bedrooms that should normally be planned for families of varying sizes again omb will consider justified exceptions depending upon the remoteness of the small or medium station and the extent to which the family is isolated from normal community facilities maximum and minimum net floor area per dwelling unit 4 or more 1 bedroom 1 2 bedrooms 3 bedrooms bedrooms minimum 2 550 sq ft 750 3 960 3 1190 3 normal 4 730 1000 1415 1670 maximum 810 1250 5 1670 5 2100 6 table 2 1 for multifamily or apartment construction only no onebedroom houses should be built 2 any construction proposed to provide less square footage than these minimums must be specifically approved by omb 3 applies to flats or multifamily construction not recommended for single or duplex houses 4 budget estimates will not be considered for construction beyond these normal limits unless accompanied by a specific determination of the agency that up to the specified maximums are necessary 5 applies to single family houses without basements for higher salaried personnel only 6 applies to singlefamily houses without basements for higher salaried personnel only larger areas may be considered by omb on special justification for heads of large stations flag officers or in unusual circumstances only e net area of houses the net areas shown below in table 2 may be increased 10 percent (a) if outside the continental united states (b) for commanding officers or civilian heads of large installations or (c) under conditions of extreme isolation where the family may be confined to the home for long periods due to weather conditions or lack of community facilities within reasonable distance the minimum floor areas below represent the limit below which it is not deemed advisable to go when building permanent housing; such minimum areas should be used only for multiplefamily dwellings maximum floor areas represent the limit above which federal funds need not be invested to provide housing reasonably commensurate with income for all but the highest income groups although agencies cannot always determine the grades of the occupants there is a normal range of grades for the personnel who are required or permitted to occupy government housing on the station the minimum size for the number of bedrooms needed should be provided for those in the lowest grades in order that the housing may not be more expensive than the occupants could be expected to rent if they were securing their own quarters commercially larger quarters may be provided for progressively higher grades up to the maximums for personnel at and above general schedule grade 14 and ranks equivalent to the military rank of colonel f special features special features may be provided to meet special work or isolation conditions these include: extra rooms with outside doors for the employee whose home is also his or her work headquarters; special access to bath or shower rooms without going through the house where the employees work is particularly dirty and shower facilities are not provided in work buildings; fireplaces in remote areas where wood is readily available and the fireplaces would serve a practical purpose; extra storage space and facilities where distances to market are such as to necessitate purchasing food and other supplies in quantity; and some space for recreation purposes where families may be confined to the house for long periods of time during bad weather conditions air conditioning may be installed in living quarters only in locations where during the six warmest months of the year the dry bulb temperature is 80 f or higher for over 650 hours or the wet bulb temperature is 67 f or higher for over 800 hours air conditioning otherwise permitted by the standards described above should employ evaporative cooling when engineering studies indicate it is feasible and more economical than refrigeration systems to install and operate it is suggested that departments and agencies initiate a priority system for installing air conditioning in existing personnel living quarters to ensure that the air conditioning of quarters in the warmest areas under these criteria is completed first g design standards agencies should consult the uniform building code or the codes developed by the council of american building officials for guidance in planning construction of permanent family housing that is liveable durable safe sanitary and not impose an unreasonable and uneconomical burden upon the government h compliance with design standards agencies shall plan new construction of family housing in accordance with this circular and nationally recognized design standards such as those set forth in the uniform building code or the codes developed by the council of american building officials budget requests and apportionment requests for this purpose shall be based upon compliance with the approved design standards and the provisions of this circular the squarefoot construction cost should not exceed that generally recognized as prevailing in the area for nonfederal dwellings of similar size and type of occupancy exceptions may be made by those agencies constructing housing outside the continental united states where climatic conditions or local building codes and restrictions prevent compliance any other exceptions should be plainly set forth in the budget or apportionment request i budget and apportionment requests consult omb circular no a11 preparation and submission of budget estimates subsection 125(n) for guidance respecting budget and apportionment requests 9 agency regulations the following guidelines must also be observed in establishing charges for rental quarters and related facilities and in developing agency regulations and procedures implementing this circular: a conflicts of interest to avoid potential conflicts of interest agencies will not assign employee occupants of quarters or their subordinates to perform appraisals or serve as members of regional survey teams used to recommend rents and other charges b consistent local patterns; interagency committees where several different federal agencies provide rental quarters in the same area those agencies will take necessary steps to ensure a consistent local pattern in rents and utility rates in particular such agencies are urged to establish interagency committees to coordinate and oversee the establishment of consistent and uniform rental rates c agency records regarding recommendations and adjustments a full record of the findings and recommendations of the appraiser or survey team as well as documentation to justify administrative adjustments will be kept by the agency concerned d agency central records and supervision sufficient information will be maintained centrally by the agency to allow agency management to be informed of and to monitor the status of administration of the requirements of this circular e reconsideration procedures for agencies will provide a procedure for dealing with requests for reconsideration of rental determinations and other charges f leave status charges during employees on leave will continue to be charged for quarters and related facilities unless the quarters are vacated and made available for reassignment g landlordtenant relationship to aid all agency administrative officials and employees in understanding how the circular is to be applied agencies will make clear that they assume the customary responsibilities of the landlord and that those who occupy rental quarters assume the customary responsibilities of tenants h required occupancy agency regulations will specify the conditions under which the agency head or his or her designee will require occupancy of government rental quarters in accordance with the limitations cited in 5 usc section 5911(e) which provides that employee or member occupancy of rental quarters may not be required unless the agency head determines that necessary service cannot be rendered or that property of the government cannot adequately be protected i safe and sanitary quarters agency heads will ensure that government rental quarters are safe and sanitary although adjustments to the basic rental rate are permitted for such circumstances as excessive heating and cooling costs poor condition and lack of potable water such conditions should not be permitted to continue any longer than absolutely necessary j agency housing officers each federal agency that provides rental quarters shall appoint a principal housing officer with responsibility to supervise the agencys implementation of the policies of this circular 10 inquiries for information concerning this circular contact the office of management and budget office of federal procurement policy 725 17th street nw washington dc 20503 telephone (202)3956803 leon e panetta director appendix isolation adjustment computation the monthly adjustment for isolation as described in section 7c(1) is computed as follows: step 1 determine the oneway distance in miles (from the quarters to the nearest established community) for each affected category of transportation listed in figure 1 enter mileages) in the appropriate block(s) under column b step 2 multiply mileage figures entered in column b by point values listed in column a for each affected category of transportation to produce oneway points for each category add 29 points to the category 4 subtotal and 27 points to the category 5 subtotal to reflect relative differences in cost or time by use of these modes of travel step 3 add all categories of oneway points in column c to produce total oneway points (the total must exceed 30 points or there is no adjustment for isolation) figure 1 column a column b column c category point oneway oneway of travel value miles points (1) paved road or rail 10 x (2) unpaved but improved road 15 x (3) unimproved road 20 x (4) water snowmobile pack 25 x 29 animal foot or other special purpose conveyance (5) air 40 x 27 total oneway points step 4 calculate the isolation adjustment factor (iaf) using the following formula: multiply 2 (to reflect roundtrip points) by 4 (to reflect number of trips per month) and then multiply by $xxx (gsas current automobile mileage allowance) for example the gsa mileage allowance as of the date of this circular is $025 per mile resulting in a iaf of 20 (rounded to the nearest tenth) isolation adjustment factor 20 step 5 multiply total adjusted points by the isolation adjustment factor to produce the monthly adjustment for isolation (rounded to the nearest whole dollar) monthly adjustment return to top

OMB Circular A-94 Discount Rates for Time-Distributed Costs and Benefits.txt

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+circular a94 guidelines and discount rates for benefitcost analysis of federal programs circular no a94 (transmittal memo no64) memorandum for heads of executive departments and establishments subject: guidelines and discount rates for benefitcost analysis of federal programs table of contents page 1 purpose 1 2 rescission 2 3 authority 2 4 scope 2 5 general principles 3 a net present value and related outcome measures b costeffectiveness analysis c elements of benefitcost or costeffectiveness analysis 6 identifying and measuring benefits and costs 5 a identifying benefits and costs b measuring benefits and costs 7 treatment of inflation 6 a real or nominal values b recommended inflation assumption 8 discount rate policy 7 a real versus nominal discount rates b public investment and regulatory analyses c costeffectiveness leasepurchase internal government investment and asset sale analyses 9 treatment of uncertainty 10 a characterizing uncertainty b expected values c sensitivity analysis d other adjustments for uncertainty 10 incidence and distributional effects 11 a alternative classifications b economic incidence 11 special guidance for public investment analysis 12 a analysis of excess burdens b exceptions 12 special guidance for regulatory impact analysis 12 13 special guidance for leasepurchase analysis 12 a coverage b required justification for leases c analytical requirements and definitions 14 related guidance 16 15 implementation 16 16 effective date 16 17 interpretation 16 appendix a: definitions of terms 17 appendix b: additional guidance for discounting 20 appendix c: discount rates for costeffectiveness lease purchase and related analyses 22 1 purpose the goal of this circular is to promote efficient resource allocation through wellinformed decisionmaking by the federal government it provides general guidance for conducting benefitcost and costeffectiveness analyses it also provides specific guidance on the discount rates to be used in evaluating federal programs whose benefits and costs are distributed over time the general guidance will serve as a checklist of whether an agency has considered and properly dealt with all the elements for sound benefitcost and costeffectiveness analyses 2 rescission this circular replaces and rescinds office of management and budget (omb) circular no a94 discount rates to be used in evaluating timedistributed costs and benefits dated march 27 1972 and circular no a104 evaluating leases of capital assets dated june 1 1986 which has been rescinded leasepurchase analysis is only appropriate after a decision has been made to acquire the services of an asset guidance for lease purchase analysis is provided in section 8c (2) and section 13 3 authority this circular is issued under the authority of 31 usc section 1111 and the budget and accounting act of 1921 as amended 4 scope this circular does not supersede agency practices which are prescribed by or pursuant to law executive order or other relevant circulars the circulars guidelines are suggested for use in the internal planning of executive branch agencies the guidelines must be followed in all analyses submitted to omb in support of legislative and budgetprograms in compliance with omb circulars no a11 preparation and submission of annual budget estimates and no a19 legislative coordination and clearance these guidelines must also be followed in providing estimates submitted to omb in compliance with executive order no 12291 federal regulation and the presidents april 29 1992 memorandum requiring benefitcost analysis for certain legislative proposals a aside from the exceptions listed below the guidelines in this circular apply to any analysis used to support government decisions to initiate renew or expand programs or projects which would result in a series of measurable benefits or costs extending for three or more years into the future the circular applies specifically to: (1) benefitcost or costeffectiveness analysis of federal programs or policies (2) regulatory impact analysis (3) analysis of decisions whether to lease or purchase (4) asset valuation and sale analysis b specifically exempted from the scope of this circular are decisions concerning: (1) water resource projects (guidance for which is the approved economic and environmental principles and guidelines for water and related land resources implementation studies) (2) the acquisition of commercialtype services by government or contractor operation (guidance for which is omb circular no a76) (3) federal energy management programs (guidance for which can be found in the federal register of january 25 1990 and november 20 1990) c this circular applies to all agencies of the executive branch of the federal government it does not apply to the government of the district of columbia or to nonfederal recipients of loans contracts or grants recipients are encouraged however to follow the guidelines provided here when preparing analyses in support of federal activities d for small projects which share similar characteristics agencies are encouraged to conduct generic studies and to avoid duplication of effort in carrying out economic analysis 5 general principles benefitcost analysis is recommended as the technique to use in a formal economic analysis of government programs or projects costeffectiveness analysis is a less comprehensive technique but it can be appropriate when the benefits from competing alternatives are the same or where a policy decision has been made that the benefits must be provided (appendix a provides a glossary of technical terms used in this circular; technical terms are italicized when they first appear) a net present value and related outcome measures the standard criterion for deciding whether a government program can be justified on economic principles is net present value the discounted monetized value of expected net benefits (ie benefits minus costs) net present value is computed by assigning monetary values to benefits and costs discounting future benefits and costs using an appropriate discount rate and subtracting the sum total of discounted costs from the sum total of discounted benefits discounting benefits and costs transforms gains and losses occurring in different time periods to a common unit of measurement programs with positive net present value increase social resources and are generally preferred programs with negative net present value should generally be avoided (section 8 considers discounting issues in more detail) although net present value is not always computable (and it does not usually reflect effects on income distribution) efforts to measure it can produce useful insights even when the monetary values of some benefits or costs cannot be determined in these cases: (1) a comprehensive enumeration of the different types of benefits and costs monetized or not can be helpful in identifying the full range of program effects (2) quantifying benefits and costs is worthwhile even when it is not feasible to assign monetary values; physical measurements may be possible and useful other summary effectiveness measures can provide useful supplementary information to net present value and analysts are encouraged to report them also examples include the number of injuries prevented per dollar of cost (both measured in present value terms) or a projects internal rate of return b costeffectiveness analysis a program is costeffective if on the basis of life cycle cost analysis of competing alternatives it is determined to have the lowest costs expressed in present value terms for a given amount of benefits costeffectiveness analysis is appropriate whenever it is unnecessary or impractical to consider the dollar value of the benefits provided by the alternatives under consideration this is the case whenever (i) each alternative has the same annual benefits expressed in monetary terms; or (ii) each alternative has the same annual affects but dollar values cannot be assigned to their benefits analysis of alternative defense systems often falls in this category costeffectiveness analysis can also be used to compare programs with identical costs but differing benefits in this case the decision criterion is the discounted present value of benefits the alternative program with the largest benefits would normally be favored c elements of benefitcost or costeffectiveness analysis (1) policy rationale the rationale for the government program being examined should be clearly stated in the analysis programs may be justified on efficiency grounds where they address market failure such as public goods and externalities they may also be justified where they improve the efficiency of the governments internal operations such as costsaving investments (2) explicit assumptions analyses should be explicit about the underlying assumptions used to arrive at estimates of future benefits and costs in the case of public health programs for example it may be necessary to make assumptions about the number of future beneficiaries the intensity of service and the rate of increase in medical prices the analysis should include a statement of the assumptions the rationale behind them and a review of their strengths and weaknesses key data and results such as yearbyyear estimates of benefits and costs should be reported to promote independent analysis and review (3) evaluation of alternatives analyses should also consider alternative means of achieving program objectives by examining different program scales different methods of provision and different degrees of government involvement for example in evaluating a decision to acquire a capital asset the analysis should generally consider: (i) doing nothing; (ii) direct purchase; (iii) upgrading renovating sharing or converting existing government property; or (iv) leasing or contracting for services (4) verification retrospective studies to determine whether anticipated benefits and costs have been realized are potentially valuable such studies can be used to determine necessary corrections in existing programs and to improve future estimates of benefits and costs in these programs or related ones agencies should have a plan for periodic resultsoriented evaluation of program effectiveness they should also discuss the results of relevant evaluation studies when proposing reauthorizations or increased program funding 6 identifying and measuring benefits and costs analyses should include comprehensive estimates of the expected benefits and costs to society based on established definitions and practices for program and policy evaluation social net benefits and not the benefits and costs to the federal government should be the basis for evaluating government programs or policies that have effects on private citizens or other levels of government social benefits and costs can differ from private benefits and costs as measured in the marketplace because of imperfections arising from: (i) external economies or diseconomies where actions by one party impose benefits or costs on other groups that are not compensated in the market place; (ii) monopoly power that distorts the relationship between marginal costs and market prices; and (iii) taxes or subsidies a identifying benefits and costs both intangible and tangible benefits and costs should be recognized the relevant cost concept is broader than privatesector production and compliance costs or government cash expenditures costs should reflect the opportunity cost of any resources used measured by the return to those resources in their most productive application elsewhere below are some guidelines to consider when identifying benefits and costs (1) incremental benefits and costs calculation of net present value should be based on incremental benefits and costs sunk costs and realized benefits should be ignored past experience is relevant only in helping to estimate what the value of future benefits and costs might be analyses should take particular care to identify the extent to which a policy such as a subsidy program promotes substitutes for activities of a similar nature that would occur without the policy either displaced activities should be explicitly recorded as costs or only incremental gains should be recorded as benefits of the policy (2) interactive effects possible interactions between the benefits and costs being analyzed and other government activities should be considered for example policies affecting agricultural output should reflect real economic values as opposed to subsidized prices (3) international effects analyses should focus on benefits and costs accruing to the citizens of the united states in determining net present value where programs or projects have effects outside the united states these effects should be reported separately (4) transfers there are no economic gains from a pure transfer payment because the benefits to those who receive such a transfer are matched by the costs borne by those who pay for it therefore transfers should be excluded from the calculation of net present value transfers that arise as a result of the program or project being analyzed should be identified as such however and their distributional effects discussed it should also be recognized that a transfer program may have benefits that are less than the programs real economic costs due to inefficiencies that can arise in the programs delivery of benefits and financing b measuring benefits and costs the principle of willingnesstopay provides an aggregate measure of what individuals are willing to forego to obtain a given benefit market prices provide an invaluable starting point for measuring willingnesstopay but prices sometimes do not adequately reflect the true value of a good to society externalities monopoly power and taxes or subsidies can distort market prices taxes for example usually create an excess burden that represents a net loss to society (the appropriate method for recognizing this excess burden in public investment analyses is discussed in section 11) in other cases market prices do not exist for a relevant benefit or cost when market prices are distorted or unavailable other methods of valuing benefits may have to be employed measures derived from actual market behavior are preferred when they are available (1) inframarginal benefits and costs consumers would generally be willing to pay more than the market price rather than go entirely without a good they consume the economists concept of consumer surplus measures the extra value consumers derive from their consumption compared with the value measured at market prices when it can be determined consumer surplus provides the best measure of the total benefit to society from a government program or project consumer surplus can sometimes be calculated by using econometric methods to estimate consumer demand (2) indirect measures of benefits and costs willingnesstopay can sometimes be estimated indirectly through changes in land values variations in wage rates or other methods such methods are most reliable when they are based on actual market transactions measures should be consistent with basic economic principles and should be replicable (3) multiplier effects generally analyses should treat resources as if they were likely to be fully employed employment or output multipliers that purport to measure the secondary effects of government expenditures on employment and output should not be included in measured social benefits or costs 7 treatment of inflation future inflation is highly uncertain analysts should avoid having to make an assumption about the general rate of inflation whenever possible a real or nominal values economic analyses are often most readily accomplished using real or constantdollar values ie by measuring benefits and costs in units of stable purchasing power (such estimates may reflect expected future changes in relative prices however where there is a reasonable basis for estimating such changes) where future benefits and costs are given in nominal terms ie in terms of the future purchasing power of the dollar the analysis should use these values rather than convert them to constant dollars as for example in the case of leasepurchase analysis nominal and real values must not be combined in the same analysis logical consistency requires that analysis be conducted either in constant dollars or in terms of nominal values this may require converting some nominal values to real values or vice versa b recommended inflation assumption when a general inflation assumption is needed the rate of increase in the gross domestic product deflator from the administrations economic assumptions for the period of the analysis is recommended for projects or programs that extend beyond the sixyear budget horizon the inflation assumption can be extended by using the inflation rate for the sixth year of the budget forecast the administrations economic forecast is updated twice annually at the time the budget is published in january or february and at the time of the midsession review of the budget in july alternative inflation estimates based on credible private sector forecasts may be used for sensitivity analysis 8 discount rate policy in order to compute net present value it is necessary to discount future benefits and costs this discounting reflects the time value of money benefits and costs are worth more if they are experienced sooner all future benefits and costs including nonmonetized benefits and costs should be discounted the higher the discount rate the lower is the present value of future cash flows for typical investments with costs concentrated in early periods and benefits following in later periods raising the discount rate tends to reduce the net present value (technical guidance on discounting and a table of discount factors are provided in appendix b) a real versus nominal discount rates the proper discount rate to use depends on whether the benefits and costs are measured in real or nominal terms (1) a real discount rate that has been adjusted to eliminate the effect of expected inflation should be used to discount constantdollar or real benefits and costs a real discount rate can be approximated by subtracting expected inflation from a nominal interest rate (2) a nominal discount rate that reflects expected inflation should be used to discount nominal benefits and costs market interest rates are nominal interest rates in this sense b public investment and regulatory analyses the guidance in this section applies to benefitcost analyses of public investments and regulatory programs that provide benefits and costs to the general public guidance related to costeffectiveness analysis of internal planning decisions of the federal government is provided in section 8c in general public investments and regulations displace both private investment and consumption to account for this displacement and to promote efficient investment and regulatory policies the following guidance should be observed (1) basecase analysis constantdollar benefitcost analyses of proposed investments and regulations should report net present value and other outcomes determined using a real discount rate of 7 percent this rate approximates the marginal pretax rate of return on an average investment in the private sector in recent years significant changes in this rate will be reflected in future updates of this circular (2) other discount rates analyses should show the sensitivity of the discounted net present value and other outcomes to variations in the discount rate the importance of these alternative calculations will depend on the specific economic characteristics of the program under analysis for example in analyzing a regulatory proposal whose main cost is to reduce business investment net present value should also be calculated using a higher discount rate than 7 percent analyses may include among the reported outcomes the internal rate of return implied by the stream of benefits and costs the internal rate of return is the discount rate that sets the net present value of the program or project to zero while the internal rate of return does not generally provide an acceptable decision criterion it does provide useful information particularly when budgets are constrained or there is uncertainty about the appropriate discount rate (3) using the shadow price of capital to value benefits and costs is the analytically preferred means of capturing the effects of government projects on resource allocation in the private sector to use this method accurately the analyst must be able to compute how the benefits and costs of a program or project affect the allocation of private consumption and investment omb concurrence is required if this method is used in place of the base case discount rate c costeffectiveness leasepurchase internal government investment and asset sales analyses the treasurys borrowing rates should be used as discount rates in the following cases: (1) costeffectiveness analysis analyses that involve constantdollar costs should use the real treasury borrowing rate on marketable securities of comparable maturity to the period of analysis this rate is computed using the administrations economic assumptions for the budget which are published in january of each year a table of discount rates based on the expected interest rates for the first year of the budget forecast is presented in appendix c of this circular appendix c is updated annually and is available upon request from omb real treasury rates are obtained by removing expected inflation over the period of analysis from nominal treasury interest rates (analyses that involve nominal costs should use nominal treasury rates for discounting as described in the following paragraph) (2) leasepurchase analysis analyses of nominal lease payments should use the nominal treasury borrowing rate on marketable securities of comparable maturity to the period of analysis nominal treasury borrowing rates should be taken from the economic assumptions for the budget a table of discount rates based on these assumptions is presented in appendix c of this circular which is updated annually (constant dollar leasepurchase analyses should use the real treasury borrowing rate described in the preceding paragraph) (3) internal government investments some federal investments provide internal benefits which take the form of increased federal revenues or decreased federal costs an example would be an investment in an energyefficient building system that reduces federal operating costs unlike the case of a federally funded highway (which provides external benefits to society as a whole) it is appropriate to calculate such a projects net present value using a comparablematurity treasury rate as a discount rate the rate used may be either nominal or real depending on how benefits and costs are measured some federal activities provide a mix of both federal cost savings and external social benefits for example federal investments in information technology can produce federal savings in the form of lower administrative costs and external social benefits in the form of faster claims processing the net present value of such investments should be evaluated with the 7 percent real discount rate discussed in section 8b unless the analysis is able to allocate the investments costs between provision of federal cost savings and external social benefits where such an allocation is possible federal cost savings and their associated investment costs may be discounted at the treasury rate while the external social benefits and their associated investment costs should be discounted at the 7 percent real rate (4) asset sale analysis analysis of possible asset sales should reflect the following: (a) the net present value to the federal government of holding an asset is best measured by discounting its future earnings stream using a treasury rate the rate used may be either nominal or real depending on how earnings are measured (b) analyses of government asset values should explicitly deduct the cost of expected defaults or delays in payment from projected cash flows along with government administrative costs such analyses should also consider explicitly the probabilities of events that would cause the asset to become nonfunctional impaired or obsolete as well as probabilities of events that would increase asset value (c) analyses of possible asset sales should assess the gain in social efficiency that can result when a government asset is subject to market discipline and private incentives even though a government asset may be used more efficiently in the private sector potential privatesector purchasers will generally discount such an assets earnings at a rate in excess of the treasury rate in part due to the cost of bearing risk when there is evidence that government assets can be used more efficiently in the private sector valuation analyses for these assets should include sensitivity comparisons that discount the returns from such assets with the rate of interest earned by assets of similar riskiness in the private sector 9 treatment of uncertainty estimates of benefits and costs are typically uncertain because of imprecision in both underlying data and modeling assumptions because such uncertainty is basic to many analyses its effects should be analyzed and reported useful information in such a report would include the key sources of uncertainty; expected value estimates of outcomes; the sensitivity of results to important sources of uncertainty; and where possible the probability distributions of benefits costs and net benefits a characterizing uncertainty analyses should attempt to characterize the sources and nature of uncertainty ideally probability distributions of potential benefits costs and net benefits should be presented it should be recognized that many phenomena that are treated as deterministic or certain are in fact uncertain in analyzing uncertain data objective estimates of probabilities should be used whenever possible market data such as private insurance payments or interest rate differentials may be useful in identifying and estimating relevant risks stochastic simulation methods can be useful for analyzing such phenomena and developing insights into the relevant probability distributions in any case the basis for the probability distribution assumptions should be reported any limitations of the analysis because of uncertainty or biases surrounding data or assumptions should be discussed b expected values the expected values of the distributions of benefits costs and net benefits can be obtained by weighting each outcome by its probability of occurrence and then summing across all potential outcomes if estimated benefits costs and net benefits are characterized by point estimates rather than as probability distributions the expected value (an unbiased estimate) is the appropriate estimate for use estimates that differ from expected values (such as worstcase estimates) may be provided in addition to expected values but the rationale for such estimates must be clearly presented for any such estimate the analysis should identify the nature and magnitude of any bias for example studies of past activities have documented tendencies for cost growth beyond initial expectations; analyses should consider whether past experience suggests that initial estimates of benefits or costs are optimistic c sensitivity analysis major assumptions should be varied and net present value and other outcomes recomputed to determine how sensitive outcomes are to changes in the assumptions the assumptions that deserve the most attention will depend on the dominant benefit and cost elements and the areas of greatest uncertainty of the program being analyzed for example in analyzing a retirement program one would consider changes in the number of beneficiaries future wage growth inflation and the discount rate in general sensitivity analysis should be considered for estimates of: (i) benefits and costs; (ii) the discount rate; (iii) the general inflation rate; and (iv) distributional assumptions models used in the analysis should be well documented and where possible available to facilitate independent review d other adjustments for uncertainty the absolute variability of a risky outcome can be much less significant than its correlation with other significant determinants of social welfare such as real national income in general variations in the discount rate are not the appropriate method of adjusting net present value for the special risks of particular projects in some cases it may be possible to estimate certaintyequivalents which involve adjusting uncertain expected values to account for risk 10 incidence and distributional effects the principle of maximizing net present value of benefits is based on the premise that gainers could fully compensate the losers and still be better off the presence or absence of such compensation should be indicated in the analysis when benefits and costs have significant distributional effects these effects should be analyzed and discussed along with the analysis of net present value (this will not usually be the case for costeffectiveness analysis where the scope of government activity is not changing) a alternative classification distributional effects may be analyzed by grouping individuals or households according to income class (eg income quintiles) geographical region or demographic group (eg age) other classifications such as by industry or occupation may be appropriate in some circumstances analysis should aim at identifying the relevant gainers and losers from policy decisions effects on the preexisting assignment of property rights by the program under analysis should be reported where a policy is intended to benefit a specified subgroup of the population such as the poor the analysis should consider how effective the policy is in reaching its targeted group b economic incidence individuals or households are the ultimate recipients of income; business enterprises are merely intermediaries analyses of distribution should identify economic incidence or how costs and benefits are ultimately borne by households or individuals determining economic incidence can be difficult because benefits and costs are often redistributed in unintended and unexpected ways for example a subsidy for the production of a commodity will usually raise the incomes of the commoditys suppliers but it can also benefit consumers of the commodity through lower prices and reduce the incomes for suppliers of competing products a subsidy also raises the value of specialized resources used in the production of the subsidized commodity as the subsidy is incorporated in asset values its distributional effects can change 11 special guidance for public investment this guidance applies only to public investments with social benefits apart from decreased federal costs it is not required for costeffectiveness or leasepurchase analyses because taxes generally distort relative prices they impose a burden in excess of the revenues they raise recent studies of the us tax system suggest a range of values for the marginal excess burden of which a reasonable estimate is 25 cents per dollar of revenue a analysis of excess burdens the presentation of results for public investments that are not justified on costsaving grounds should include a supplementary analysis with a 25 percent excess burden thus in such analyses costs in the form of public expenditures should be multiplied by a factor of 125 and net present value recomputed b exceptions where specific information clearly suggests that the excess burden is lower (or higher) than 25 percent analyses may use a different figure when a different figure is used an explanation should be provided for it an example of such an exception is an investment funded by user charges that function like market prices; in this case the excess burden would be zero another example would be a project that provides both cost savings to the federal government and external social benefits if it is possible to make a quantitative determination of the portion of this projects costs that give rise to federal savings that portion of the costs may be exempted from multiplication by the factor of 125 12 special guidance for regulatory impact analysis additional guidance for analysis of regulatory policies is provided in regulatory program of the united states government which is published annually by omb (see regulatory impact analysis guidance appendix v of regulatory program of the united states government for april 1 1991 to march 31 1992) 13 special guidance for leasepurchase analysis the special guidance in this section does not apply to the decision to acquire the use of an asset in deciding that the agency should conduct a benefitcost analysis if possible only after the decision to acquire the services of an asset has been made is there a need to analyze the decision whether to lease or purchase a coverage the circular applies only when both of the following tests of applicability are satisfied: (1) the leasepurchase analysis concerns a capital asset (including durable goods equipment buildings facilities installations or land) which: (a) is leased to the federal government for a term of three or more years; or (b) is new with an economic life of less than three years and leased to the federal government for a term of 75 percent or more of the economic life of the asset; or (c) is built for the express purpose of being leased to the federal government; or (d) is leased to the federal government and clearly has no alternative commercial use (eg a special purpose government installation) (2) the leasepurchase analysis concerns a capital asset or a group of related assets whose total fair market value exceeds $1 million b required justification for leases all leases of capital assets must be justified as preferable to direct government purchase and ownership this can be done in one of three ways: (1) by conducting a separate leasepurchase analysis this is the only acceptable method for major acquisitions a lease represents a major acquisition if: (a) the acquisition represents a separate lineitem in the agencys budget; (b) the agency or omb determines the acquisition is a major one; or (c) the total purchase price of the asset or group of assets to be leased would exceed $500 million (2) by conducting periodic leasepurchase analyses of recurrent decisions to lease similar assets used for the same general purpose such analyses would apply to the entire class of assets omb approval should be sought in determining the scope of any such generic analysis (3) by adopting a formal policy for smaller leases and submitting that policy to the omb for approval following such a policy should generally result in the same lease purchase decisions as would conducting separate lease purchase analyses before adopting the policy it should be demonstrated that: (a) the leases in question would generally result in substantial savings to the government that could not be realized on a purchase; (b) the leases are so small or so shortterm as to make separate leasepurchase analysis impractical; and (c) leases of different types are scored consistently with the instructions in appendices b and c of omb circular no a11 c analytical requirements and definitions whenever a federal agency needs to acquire the use of a capital asset it should do so in the way that is least expensive for the government as a whole (1) lifecycle cost leasepurchase analyses should compare the net discounted present value of the lifecycle cost of leasing with the full costs of buying or constructing an identical asset the full costs of buying include the assets purchase price plus the net discounted present value of any relevant ancillary services connected with the purchase (guidance on the discount rate to use for leasepurchase analysis is in section 8c) (2) economic life for purposes of leasepurchase analysis the economic life of an asset is its remaining or productive lifetime it begins when the asset is acquired and ends when the asset is retired from service the economic life is frequently not the same as the useful life for tax purposes (3) purchase price the purchase price of the asset for purposes of leasepurchase analysis is its fair market value defined as the price a willing buyer could reasonably expect to pay a willing seller in a competitive market to acquire the asset (a) in the case of property that is already owned by the federal government or that has been donated or acquired by condemnation an imputed purchase price should be estimated (guidance on making imputations is provided in section 13c(6)) (b) if public land is used for the site of the asset the imputed market value of the land should be added to the purchase price (c) the assets estimated residual value as of the end of the period of analysis should be subtracted from its purchase price (guidance on estimating residual value is provided in section 13c(7)) (4) taxes in analyzing the cost of a lease the normal payment of taxes on the lessors income from the lease should not be subtracted from the lease costs since the normal payment of taxes will also be reflected in the purchase cost the cost to the treasury of special tax benefits if any associated with the lease should be added to the cost of the lease examples of such tax benefits might include highly accelerated depreciation allowances or taxfree financing (5) ancillary services if the terms of the lease include ancillary services provided by the lessor the present value of the cost of obtaining these services separately should be added to the purchase price such costs may be excluded if they are estimated to be the same for both lease and purchase alternatives or too small to affect the comparison examples of ancillary services include: (a) all costs associated with acquiring the property and preparing it for use including construction installation site design and management costs (b) repair and improvement costs (if included in lease payments) (c) operation and maintenance costs (if included in lease payments) (d) imputed property taxes (excluding foreign property taxes on overseas acquisitions except where actually paid) the imputed taxes approximate the costs of providing municipal services such as water sewage and police and fire protection (see section (6) below) (e) imputed insurance premiums (see section (6) below) (6) estimating imputed costs certain costs associated with the federal purchase of an asset may not involve a direct monetary payment some of these imputed costs may be estimated as follows (a) purchase price an imputed purchase price for an asset that is already owned by the federal government or which has been acquired by donation or condemnation should be based on the fair market value of similar properties that have been traded on commercial markets in the same or similar localities the same method should be followed in estimating the imputed value of any federal land used as a site for the asset (b) property taxes imputed property taxes may be estimated in two ways (i) determine the property tax rate and assessed (taxable) value for comparable property in the intended locality if there is no basis on which to estimate future changes in tax rates or assessed values the firstyear tax rate and assessed value (inflation adjusted for each subsequent year) can be applied to all years multiply the assessed value by the tax rate to determine the annual imputation for property taxes (ii) as an alternative to step (i) above obtain an estimate of the current local effective property tax rate from the building owners and managers associations regional exchange reports multiply the fair market value of the governmentowned property (inflation adjusted for each year) by the effective tax rate (c) insurance premiums determine local estimates of standard commercial coverage for similar property from the building owners and managers associations regional exchange reports (7) residual value a propertys residual value is an estimate of the price that the property could be sold for at the end of the period of the leasepurchase analysis measured in discounted present value terms (a) the recommended way to estimate residual value is to determine what similar comparably aged property is currently selling for in commercial markets (b) alternatively book estimates of the resale value of used property may be available from industry or government sources (c) assessed values of similar comparably aged properties determined for property tax purposes may also be used (8) renewal options in determining the term of a lease all renewal options shall be added to the initial lease period 14 related guidance a omb circular no a11 preparation and submission of annual budget estimates b omb circular no a19 legislative coordination and clearance c omb circular no a70 federal credit policy d omb circular no a76 performance of commercial activities e omb circular no a109 policies to be followed in the acquisition of major systems f omb circular no a130 management of federal information resources 9 joint omb and treasury guidelines to the department of defense covering lease or charter arrangements for aircraft and naval vessels h executive order 12291 federal regulation i regulatory impact analysis guidance in regulatory program of the united states government j federal energy management and planning programs; life cycle cost methodology and procedures federal register vol 55 no 17 january 25 1990 and vol 55 no 224 november 20 1990 k presidential memorandum of april 29 1992 benefits and costs of legislative proposals 15 implementation economic analyses submitted to omb will be reviewed for conformity with items 5 to 13 in this circular through the circular no a11 budget justification and submission process and circular no a19 legislative review process 16 effective date this circular is effective immediately 17 interpretation questions concerning interpretation of this circular should be addressed to the office of economic policy office of management and budget (2023955873) or in the case of regulatory issues and analysis to the office of information and regulatory affairs (2023954852) appendix a definition of terms benefitcost analysis a systematic quantitative method of assessing the desirability of government projects or policies when it is important to take a long view of future effects and a broad view of possible sideeffects capital asset tangible property including durable goods equipment buildings installations and land certaintyequivalent a certain (ie nonrandom) outcome that an individual values equally to an uncertain outcome for a riskaverse individual the certaintyequivalent for an uncertain set of benefits may be less than the mathematical expectation of the outcome; for example an individual may value a 5050 chance of winning $100 or $0 as only $45 analogously a riskaverse individual may have a certaintyequivalent for an uncertain set of costs that is larger in magnitude than the mathematical expectation of costs costeffectiveness a systematic quantitative method for comparing the costs of alternative means of achieving the same stream of benefits or a given objective consumer surplus the maximum sum of money a consumer would be willing to pay to consume a given amount of a good less the amount actually paid it is represented graphically by the area between the demand curve and the price line in a diagram representing the consumers demand for the good as a function of its price discount rate the interest rate used in calculating the present value of expected yearly benefits and costs discount factor the factor that translates expected benefits or costs in any given future year into present value terms the discount factor is equal to 1(1 i)t where i is the interest rate and t is the number of years from the date of initiation for the program or policy until the given future year excess burden unless a tax is imposed in the form of a lump sum unrelated to economic activity such as a head tax it will affect economic decisions on the margin departures from economic efficiency resulting from the distorting effect of taxes are called excess burdens because they disadvantage society without adding to treasury receipts this concept is also sometimes referred to as deadweight loss external economy or diseconomy a direct effect either positive or negative on someones profit or welfare arising as a byproduct of some other persons or firms activity also referred to as neighborhood or spillover effects or externalities for short incidence the ultimate distributional effect of a tax expenditure or regulatory program inflation the proportionate rate of change in the general price level as opposed to the proportionate increase in a specific price inflation is usually measured by a broadbased price index such as the implicit deflator for gross domestic product or the consumer price index internal rate of return the discount rate that sets the net present value of the stream of net benefits equal to zero the internal rate of return may have multiple values when the stream of net benefits alternates from negative to positive more than once life cycle cost the overall estimated cost for a particular program alternative over the time period corresponding to the life of the program including direct and indirect initial costs plus any periodic or continuing costs of operation and maintenance multiplier the ratio between the direct effect on output or employment and the full effect including the effects of second order rounds or spending multiplier effects greater than 10 require the existence of involuntary unemployment net present value the difference between the discounted present value of benefits and the discounted present value of costs nominal values economic units measured in terms of purchasing power of the date in question a nominal value reflects the effects of general price inflation nominal interest rate an interest rate that is not adjusted to remove the effects of actual or expected inflation market interest rates are generally nominal interest rates opportunity cost the maximum worth of a good or input among possible alternative uses real or constant dollar values economic units measured in terms of constant purchasing power a real value is not affected by general price inflation real values can be estimated by deflating nominal values with a general price index such as the implicit deflator for gross domestic product or the consumer price index real interest rate an interest rate that has been adjusted to remove the effect of expected or actual inflation real interest rates can be approximated by subtracting the expected or actual inflation rate from a nominal interest rate (a precise estimate can be obtained by dividing one plus the nominal interest rate by one plus the expected or actual inflation rate and subtracting one from the resulting quotient) relative price a price ratio between two goods as for example the ratio of the price of energy to the price of equipment shadow price an estimate of what the price of a good or input would be in the absence of market distortions such as externalities or taxes for example the shadow price of capital is the present value of the social returns to capital (before corporate income taxes) measured in units of consumption sunk cost a cost incurred in the past that will not be affected by any present or future decision sunk costs should be ignored in determining whether a new investment is worthwhile transfer payment a payment of money or goods a pure transfer is unrelated to the provision of any goods or services in exchange such payments alter the distribution of income but do not directly affect the allocation of resources on the margin treasury rates rates of interest on marketable treasury debt such debt is issued in maturities ranging from 91 days to 30 years willingness to pay the maximum amount an individual would be willing to give up in order to secure a change in the provision of a good or service appendix b additional guidance for discounting 1 sample format for discounting deferred costs and benefits assume a 10year program which will commit the government to the stream of real (or constantdollar) expenditures appearing in column (2) of the table below and which will result in a series of real benefits appearing in column (3) the discount factor for a 7 percent discount rate is shown in column (4) the present value cost for each of the 10 years is calculated by multiplying column (2) by column (4); the present value benefit for each of the 10 years is calculated by multiplying column (3) by column (4) the present values of costs and benefits are presented in columns (5) and (6) respectively year since initiation renewal or expansion (1) expected yearly cost (2) expected yearly benefit (3) discount factors for 7 (4) present value of costs col 2 x col 4 (5) present value of benefits col 3 x col 4 (6) 1 $1000 $ 000 09346 $ 935 $ 000 2 2000 000 08734 1747 000 3 3000 500 08163 2449 408 4 3000 1000 07629 2289 763 5 2000 3000 07130 1426 2139 6 1000 4000 06663 666 2665 7 500 4000 06227 311 2491 8 500 4000 05820 291 2328 9 500 4000 05439 272 2176 10 500 2500 05083 254 1271 total $10640 $14241 note: the discount factor is calculated as 1(1 i)t where i is the interest rate (07) and t is the year the sum of column (5) is the total present value of costs and the sum of column (6) is the total present value of benefits net present value is $3601 the difference between the sum of discounted benefits and the sum of discounted costs 2 endofyear and midyear discount factors the discount factors presented in the table above are calculated on the implicit assumption that costs and benefits occur as lump sums at yearend when costs and benefits occur in a steady stream applying midyear discount factors is more appropriate for instance the first cost in the table may be estimated to occur after six months rather than at the end of one year to approximate better a steady stream of costs and benefits occurring over the first year similarly it may be assumed that all other costs and benefits are advanced six months to approximate better a continuing steady flow the present values of costs and benefits computed from the table above can be converted to a midyear discounting basis by multiplying them by 10344 (the square root of 107) thus if the above example were converted to a midyear basis the present value of costs would be $11006 the present value of benefits would be $14731 and the net present value would be $3725 3 illustrative discount factors for discount rate of 7 percent year since beginning initiation yearend midyear ofyear renewal or discount discount discount expansion factors factors factors 1 09346 09667 10000 2 08734 09035 09346 3 08163 08444 08734 4 07629 07891 08163 5 07130 07375 07629 6 06663 06893 07130 7 06227 06442 06663 8 05820 06020 06227 9 05439 05626 05820 10 05083 05258 05439 11 04751 04914 05083 12 04440 04593 04751 13 04150 04292 04440 14 03878 04012 04150 15 03624 03749 03878 16 03387 03504 03624 17 03166 03275 03387 18 02959 03060 03166 19 02765 02860 02959 20 02584 02673 02765 21 02415 02498 02584 22 02257 02335 02415 23 02109 02182 02257 24 01971 02039 02109 25 01842 01906 01971 26 01722 01781 01842 27 01609 01665 01722 28 01504 01556 01609 29 01406 01454 01504 30 01314 01359 01406

OMB Circular A-97 Services for State and Local Governments.txt

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+circular no a 97 august 29 1969 to the heads of executive departments and establishments subject: rules and regulations permitting federal agencies to provide specialized or technical services to state and local units of government under title iii of the intergovernmental cooperation act of 1968 1 purpose 2 background 3 reservation of existing authority 4 definitions 5 policy 6 types of services that may be provided 7 conditions under which services may be provided 8 reports to congress 9 effective date 10 inquiries 1 purpose this circular promulgates the rules and regulations which the director of the bureau of the budget is authorized to issue pursuant to section 302 of the intergovernmental cooperation act of 1968 (pl 90577; 82 stat 1102) it also provides for the coordination of the action of federal departments and agencies (hereinafter referred to as federal agencies) in exercising the authority contained in title iii of said act as directed by the presidents memorandum of november 8 1968 (33 fr 16487) 2 background a title iii of the intergovernmental cooperation act of 1968 is intended to: 1 encourage intergovernmental cooperation in the conduct of specialized or technical services and provisions of facilities essential to the administration of state or local governmental activities 2 enable state and local governments to avoid unnecessary duplication of special service functions 3 authorize federal agencies which do not have such authority to provide reimbursable specialized and technical services to state and local governments b title iii of the act authorizes the head of any federal agency within his discretion and upon written request from a state or political subdivision thereof to provide specialized or technical services upon payment to the federal agency by the unit of government making the request of salaries and all other identifiable direct or indirect costs of performing such services c title iii of the act requires that: 1 any services provided pursuant to title iii shall include only those which the director of the bureau of the budget through rules and regulations determines federal agencies have special competence to provide 2 the directors rules and regulations shall be consistent with and in furtherance of the governments policy of relying on the private enterprise system to provide those services which are reasonably and expeditiously available through ordinary business channels 3 all moneys received by any federal agency in payment of furnishing specialized and technical services under title iii of the act shall be deposited to the credit of the principal appropriation from which the cost of providing such services has been paid or is to be charged 4 the head of any federal agency shall furnish annually to the respective committees on government operations of the senate and house of representatives a summary report on the scope of the services provided under title iii 3 reservation of existing authority the authority contained in title iii of the act and this circular is in addition to and does not supersede any existing authority now possessed by any federal agency with respect to furnishing services whether on a reimbursable or nonreimbursable basis to state and local units of government the reporting and other requirements and conditions contained in this circular shall not apply to services furnished under such existing authorities 4 definitions for purposes of this circular: a the term state means any of the several states of the united states the district of columbia the commonwealth of puerto rico any territory or possession of the united states or any agency or instrumentality of a state but does not include the governments of the political subdivisions of a state b the terms political subdivision or local government mean a local unit of government including specifically a county municipality city town township or a school or other special district created by or pursuant to state law or combinations thereof c specialized or technical services means statistical and other studies and compilations development projects technical tests and evaluations technical information training activities surveys reports documents and any other similar service functions which any federal agency is especially equipped and authorized by law to perform 5 policy federal agencies will cooperate to the maximum extent possible with state and local units of government to provide such specialized or technical services as may be authorized such services shall generally supplement not supplant existing services and federal agencies should not provide services with full reimbursement under this circular which have heretofore been furnished for less than full reimbursement under other authorities unless specifically requested to do so 6 types of services that may be provided a it is hereby determined that federal agencies have the special competence to provide and may provide the following specialized or technical services and facilities related thereto pursuant to title iii of the intergovernmental cooperation act of 1968: 1 any existing statistical or other studies and compilations results of technical tests and evaluations technical information surveys reports and documents and any such materials which may be developed or prepared in the future to meet the needs of the federal government or to carry out the normal program responsibilities of the federal agencies involved 2 preparation of statistical and other studies and compilations technical tests and evaluations technical information surveys reports and documents and assistance in the conduct of such activities and in the preparation of such materials provided they are of a type similar to those which the federal agency is authorized by law to conduct or prepare 3 training of the type which the federal agency is authorized by law to conduct for federal personnel and others or which is similar to such training 4 technical aid in the preparation of proposals for development and other projects for which the federal agency provides grantsinaid or other assistance provided such aid primarily strengthens the ability of the recipient in developing its own capacity to prepare proposals 5 technical information data processing communications and personnel management systems services which the federal agency normally provides for itself or others under existing authorities b any of the above specialized or technical services provided to the states and their political subdivisions under existing authorities may also be provided under title iii of the act and the terms of this circular c if a federal agency receives a request for specialized or technical services which are not covered in subparagraph a above and which it believes is consistent with the act and which it has a special competence to provide it should forward such request to the bureau of the budget for action similarly if there is doubt as to whether the service requested is covered by subparagraph a the request should be forwarded to the bureau of the budget for action 7 conditions under which services may be provided the specialized or technical services provided under title iii of the act and this circular may be provided in the discretion of the heads of federal agencies only under the following conditions: a such services will be provided only to the states political subdivisions thereof and combinations or associations of such governments or their agencies and instrumentalities b such services will be provided only upon the written request of a state or a political subdivision thereof requests will normally be made by the chief executives of such entities and will be addressed to the head of the agency involved c such services will not be provided unless the agency providing the services is providing similar services for its own use under the policies set forth in the bureau of the budget circular no a76 policies for acquiring commercial or industrial products and services for government use (revised august 30 1967) in addition in accordance with the policies set forth in circular no a76 the requesting entity must certify that such services cannot be procured reasonably and expeditiously by it through ordinary business channels d such services will not be provided if they require any additions of staff or if they involve outlays for additional equipment or other facilities solely for the purpose of providing such services except where the costs thereof are charged to the user of such services further no staff additions may be made which impede the implementation of or adherence to the employment ceilings contained in the bureau of the budget allowance letters e such services will be provided only upon payment or provision for reimbursement to the federal agency involved by the unit of government making the request of salaries and all other identifiable direct and indirect costs of performing such services for cost determination purposes federal agencies will be guided by the policies set forth in the bureau of the budget circular no a25 user charges (september 23 1959) f any payments or reimbursements received by federal agencies for the costs of such services will be deposited to the credit of the principal appropriation or other account from which the costs of providing the services have been paid or are to be charged g in the event a request for a service is denied the federal agency shall furnish the entity making the request with a statement indicating the reasons for the denial 8 reports to congress the head of each federal agency will furnish annually to the respective committees on government operations of the senate and house of representatives a summary report on the scope of the services provided under title iii of the act and this circular such reports will be prepared as of the end of each calendar year and will indicate the nature of the services rendered the names of the states and political subdivisions involved where practical and the cost of the work services provided under other authorities are not to be included in the reports copies of the reports will be submitted to the bureau of the budget not later than march 30 of each year 9 effective date this circular is effective immediately it supersedes the interim regulation under title iii of the intergovernmental cooperation act of 1968 (pl 90577) dated december 19 1968 concerning training by the us civil service commission 10 inquiries inquiries regarding this circular may be addressed to the office of executive management bureau of the budget washington dc 20503 or telephone (202) 3954934 (government dial code 1034934) robert p mayo director return to top

The Anti-Deficiency Act PL 97-258.txt

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+31 usc subtitle ii chapter 13 subchapter iii: limitations exceptions and penaltiesfrom title 31money and financesubtitle iithe budget processchapter 13appropriations subchapter iiilimitations exceptions and penalties statutory notes and related subsidiaries short title certain provisions of this subchapter and subchapter ii of chapter 15 of this title were originally enactedas section 3679 of the revised statutes popularly known as the antideficiency act that section wasrepealed as part of the general revision of this title by pub l 97258 and its provisions restated in sections1341 1342 1349 to 1351 and 1511 to 1519 of this title 1341 limitations on expending and obligating amounts (a)(1) except as specified in this subchapter or any other provision of law an officer or employee of the united statesgovernment or of the district of columbia government may not (a) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund forthe expenditure or obligation; (b) involve either government in a contract or obligation for the payment of money before an appropriation is madeunless authorized by law; (c) make or authorize an expenditure or obligation of funds required to be sequestered under section 252 of thebalanced budget and emergency deficit control act of 1985; or (d) involve either government in a contract or obligation for the payment of money required to be sequesteredunder section 252 of the balanced budget and emergency deficit control act of 1985 (2) this subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the united states government (b) an article to be used by an executive department in the district of columbia that could be bought out of anappropriation made to a regular contingent fund of the department may not be bought out of another amount availablefor obligation (c)(1) in this subsection (a) the term covered lapse in appropriations means any lapse in appropriations that begins on or after december22 2018; (b) the term district of columbia public employer means (i) the district of columbia courts; (ii) the public defender service for the district of columbia; or (iii) the district of columbia government; (c) the term employee includes an officer; and (d) the term excepted employee means an excepted employee or an employee performing emergency work assuch terms are defined by the office of personnel management or the appropriate district of columbia publicemployer as applicable (2) each employee of the united states government or of a district of columbia public employer furloughed as aresult of a covered lapse in appropriations shall be paid for the period of the lapse in appropriations and eachexcepted employee who is required to perform work during a covered lapse in appropriations shall be paid for suchwork at the employees standard rate of pay at the earliest date possible after the lapse in appropriations ends regardless of scheduled pay dates and subject to the enactment of appropriations acts ending the lapse (3) during a covered lapse in appropriations each excepted employee who is required to perform work shall beentitled to use leave under chapter 63 of title 5 or any other applicable law governing the use of leave by the exceptedemployee for which compensation shall be paid at the earliest date possible after the lapse in appropriations ends regardless of scheduled pay dates (pub l 97258 sept 13 1982 96 stat 923; pub l 101508 title xiii 13213(a) nov 5 1990 104 stat 1388 621; pub l 1161 2 jan 16 2019 133 stat 3; pub l 1165 103 jan 25 2019 133 stat 11) historical and revision notesrevised sectionsource (us code)source (statutes at large) 1341(a)31:665(a) (d)(2)(last sentencerelated to spending andobligations) rs 3679(a) (d)(2)(last sentence related tospending and obligations); mar 3 1905 ch 1484 4(1st par ) 33 stat 1257; feb 27 1906 ch 510 3 34 stat 48; restatedsept 6 1950 ch 896 1211 64 stat 7651341(b)31:669(words after semicolon)aug 23 1912 ch 350 6(words aftersemicolon) 37 stat 414 in subsection (b) the words another amount available for obligation are substituted for any otherfund for consistency in the revised title editorial notes references in text section 252 of the balanced budget and emergency deficit control act of 1985 referred to in subsec (a)(1)(c) (d) is classified to section 902 of title 2 the congress amendments 2019subsec (a)(1) pub l 1161 2(1) in introductory provisions substituted except as specified inthis subchapter or any other provision of law an officer for an officer subsec (c) pub l 1161 2(2) added subsec (c) subsec (c)(2) pub l 1165 inserted and subject to the enactment of appropriations acts ending thelapse before period at end 1990subsec (a)(1)(c) (d) pub l 101508 added subpars (c) and (d) 1342 limitation on voluntary services an officer or employee of the united states government or of the district of columbia government may not acceptvoluntary services for either government or employ personal services exceeding that authorized by law except foremergencies involving the safety of human life or the protection of property this section does not apply to acorporation getting amounts to make loans (except paid in capital amounts) without legal liability of the united statesgovernment as used in this section the term emergencies involving the safety of human life or the protection ofproperty does not include ongoing regular functions of government the suspension of which would not imminentlythreaten the safety of human life or the protection of property (pub l 97258 sept 13 1982 96 stat 923; pub l 101508 title xiii 13213(b) nov 5 1990 104 stat 1388 621; pub l 10492 title iii 310(a) jan 6 1996 110 stat 20) historical and revision notesrevised sectionsource (us code)source (statutes at large) 134231:665(b)rs 3679(b) (d)(2)(last sentence related tovoluntary services); mar 3 1905 ch 1484 4(1st par ) 33 stat 1257; feb 27 1906 ch 510 3 34 stat 48; restated sept 61950 ch 896 1211 64 stat 765 31:665(d)(2)(last sentence related tovoluntary services) the words district of columbia government are added because of section 47105 of the dc code editorial notes amendments 1996pub l 10492 temporarily amended section by inserting all officers and employees of theunited states government or the district of columbia government shall be deemed to be performingservices relating to emergencies involving the safety of human life or the protection of property after firstsentence and by striking out at end as used in this section the term emergencies involving the safety ofhuman life or the protection of property does not include ongoing regular functions of government thesuspension of which would not imminently threaten the safety of human life or the protection of property see effective and termination dates of 1996 amendment note below 1990pub l 101508 inserted at end as used in this section the term emergencies involving thesafety of human life or the protection of property does not include ongoing regular functions ofgovernment the suspension of which would not imminently threaten the safety of human life or theprotection of property statutory notes and related subsidiaries effective and termination dates of 1996 amendment pub l 10492 title iii 310(a) jan 6 1996 110 stat 20 provided that the amendment made by thatsection is for the period dec 15 1995 through jan 26 1996 1343 buying and leasing passenger motor vehicles and aircraft (a) in this section buying a passenger motor vehicle or aircraft includes a transfer of the vehicle or aircraft betweenagencies (b) an appropriation may be expended to buy or lease passenger motor vehicles only (1) for the use of (a) the president; (b) the secretaries to the president; or (c) the heads of executive departments listed in section 101 of title 5; or (2) as specifically provided by law (c)(1) except as specifically provided by law an agency may use an appropriation to buy a passenger motor vehicle(except a bus or ambulance) only at a total cost (except costs required only for transportation) that (a) includes the price of systems and equipment the administrator of general services decides is incorporatedcustomarily in standard passenger motor vehicles completely equipped for ordinary operation; (b) includes the value of a vehicle used in exchange; (c) is not more than the maximum price established by the agency having authority under law to establish amaximum price; and (d) is not more than the amount specified in a law (2) additional systems and equipment may be bought for a passenger motor vehicle if the administrator decides thepurchase is appropriate the price of additional systems or equipment is not included in deciding whether the cost ofthe vehicle is within a maximum price specified in a law (d) an appropriation (except an appropriation for the armed forces) is available to buy maintain or operate anaircraft only if the appropriation specifically authorizes the purchase maintenance or operation (e) this section does not apply to (1) buying maintaining and repairing passenger motor vehicles by the united states capitol police; (2) buying maintaining and repairing vehicles necessary to carry out projects to improve preserve and protectrivers and harbors; or (3) leasing maintaining repairing or operating motor passenger vehicles necessary in the field work of thedepartment of agriculture (pub l 97258 sept 13 1982 96 stat 924) historical and revision notesrevised sectionsource (us code)source (statutes at large) 1343(a)31:638a(e)july 16 1914 ch 141 5(a) (b) (e) 38 stat 508; restated aug 2 1946 ch 744 16(a) 60 stat 810 8111343(b)31:638a(a) 1343(c)31:638a(c)(1)july 16 1914 ch 141 5(c)(1) 38 stat 508; aug 2 1946 ch 744 16(a) 60 stat 810; restated sept 26 1970 pub l 9142384 stat 8791343(d)31:638a(b) 1343(e)31:638a1july 25 1975 pub l 9459 1108 89 stat 300 31:638dmar 4 1915 ch 142 10 38 stat 1054 31:638eaug 11 1916 ch 313(last proviso on p 491) 39 stat 491 in subsection (a) the word agency is substituted for department of the government because ofsection 101 of the revised title and for consistency with the other source provisions restated in thesection in subsection (b) before clause (1) the words buy or lease are substituted for purchase or hire forconsistency in clause (1)(c) the words section 101 of title 5 are used because of section 7(b) of the actof september 6 1966 (pub l 89554 80 stat 631) in subsection (c)(1) before clause (a) the word agency is substituted for department forconsistency the words total cost are substituted for cost because of the restatement the words (except costs required only for transportation) are substituted for which shall be in addition to theamount required for transportation for clarity clause (a) is substituted for completely equipped foroperation and 31:638a(c)(1)(2d sentence) to eliminate unnecessary words in subsection (c)(2) the words notwithstanding any other provisions of law are omitted as surplus in subsection (d) the words armed forces are substituted for military and naval establishments forconsistency in subsection (e)(2) the words motor boats trucks in 31:638d are omitted as being included invehicles the words adopted by congress are omitted as surplus in subsection (e)(3) the words horsedrawn in 31:638e are omitted because the section applies onlyto motor vehicles and aircraft described in 31:638a and also is obsolete the words motor boats areomitted as being included in vehicles statutory notes and related subsidiaries motor vehicles purchased for intelligence activities; exception frommonetary limitations pub l 103139 title viii 8105 nov 11 1993 107 stat 1464 provided that: during the current fiscalyear and thereafter monetary limitations on the purchase price of a passenger motor vehicle shall notapply to vehicles purchased for intelligence activities conducted pursuant to executive order 12333 50usc 3001 note or successor orders similar provisions were contained in the following prior appropriation acts: pub l 102396 title ix 9038 oct 6 1992 106 stat 1910 pub l 102172 title viii 8038 nov 26 1991 105 stat 1180 pub l 101511 title viii 8039 nov 5 1990 104 stat 1883 pub l 101165 title ix 9049 nov 21 1989 103 stat 1139 pub l 100463 title viii 8086 oct 1 1988 102 stat 227032 pub l 100202 101(b) title viii 8119 dec 22 1987 101 stat 132943 132984 maximum purchase price of motor vehicles; exceptions pub l 11847 div b title vii 702 mar 23 2024 138 stat 573 provided that: unless otherwisespecifically provided the maximum amount allowable during the current fiscal year in accordance withsection 1343(c) of title 31 united states code for the purchase of any passenger motor vehicle (exclusive ofbuses ambulances vans law enforcement vehicles protective vehicles undercover surveillancevehicles and policetype vehicles) is hereby fixed at $40000 except station wagons for which themaximum shall be $41140: provided that these limits may be exceeded by not to exceed $7775 forpolicetype vehicles: provided further that the limits set forth in this section may not be exceeded by morethan 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of theelectric and hybrid vehicle research development and demonstration act of 1976 15 usc 2501 etseq : provided further that the limits set forth in this section may be exceeded by the incremental cost ofclean alternative fuels vehicles acquired pursuant to public law 101549 see tables for classification overthe cost of comparable conventionally fueled vehicles: provided further that the limits set forth in thissection shall not apply to any vehicle that is a commercial item and which operates on alternative fuel including but not limited to electric plugin hybrid electric and hydrogen fuel cell vehicles similar provisions were contained in the following prior appropriation acts: pub l 117328 div e title vii 702 dec 29 2022 136 stat 4704 pub l 117103 div e title vii 702 mar 15 2022 136 stat 293 pub l 116260 div e title vii 702 dec 27 2020 134 stat 1430 pub l 11693 div c title vii 702 dec 20 2019 133 stat 2484 pub l 1166 div d title vii 702 feb 15 2019 133 stat 187 pub l 115141 div e title vii 702 mar 23 2018 132 stat 588 pub l 11531 div e title vii 702 may 5 2017 131 stat 377 pub l 114113 div e title vii 702 dec 18 2015 129 stat 2473 pub l 113235 div e title vii 702 dec 16 2014 128 stat 2379 pub l 11376 div e title vii 702 jan 17 2014 128 stat 230 pub l 11274 div c title vii 702 dec 23 2011 125 stat 928 pub l 111117 div c title vii 702 dec 16 2009 123 stat 3205 pub l 1118 div d title vii 702 mar 11 2009 123 stat 680 pub l 110161 div d title vii 703 dec 26 2007 121 stat 2019 pub l 109115 div a title viii 803 nov 30 2005 119 stat 2495 pub l 108447 div h title vi 603 dec 8 2004 118 stat 3272 pub l 108199 div f title vi 603 jan 23 2004 118 stat 350 pub l 1087 div j title vi 603 feb 20 2003 117 stat 463 pub l 10767 title vi 603 nov 12 2001 115 stat 545 pub l 106554 1(a)(3) title vi 603 dec 21 2000 114 stat 2763 2763a155 pub l 10658 title vi 603 sept 29 1999 113 stat 466 pub l 105277 div a 101(h) title vi 604 oct 21 1998 112 stat 2681480 2681513 pub l 10561 title vi 604 oct 10 1997 111 stat 1308 pub l 104208 div a title i 101(f) title vi 604 sept 30 1996 110 stat 3009314 3009353 pub l 10452 title vi 604 nov 19 1995 109 stat 497 pub l 103329 title vi 604 sept 30 1994 108 stat 2416 pub l 103123 title vi 604 oct 28 1993 107 stat 1259 pub l 102393 title vi 605 oct 6 1992 106 stat 1766 pub l 102141 title vi 605 oct 28 1991 105 stat 868 pub l 101509 title vi 601 nov 5 1990 104 stat 1470 pub l 101136 title vi 601 nov 3 1989 103 stat 816 pub l 100440 title vi 601 sept 22 1988 102 stat 1751 pub l 100202 101(m) title vi 601 dec 22 1987 101 stat 1329390 1329419 pub l 99500 101(m) title vi 601 oct 18 1986 100 stat 1783308 1783328 and pub l 99591 101(m) title vi 601 oct 30 1986 100 stat 3341308 3341328 pub l 99190 101(h) hr 3036 title vi 601 dec 19 1985 99 stat 1291 pub l 98473 title i 101(j) hr 5798 title vi 602 oct 12 1984 98 stat 1963 pub l 98151 101(f) hr 4139 title vi 602 nov 14 1983 97 stat 973 pub l 97377 title i 101(a) hr 7158 title vi 602 dec 21 1982 96 stat 1830 pub l 9792 101(a) hr 4121 title vi 602 dec 15 1981 95 stat 1183 pub l 96536 113 dec 16 1980 94 stat 3171 pub l 9674 title vi 601 sept 29 1979 93 stat 573 pub l 95429 title vi 601 oct 10 1978 92 stat 1015 pub l 9581 title vi 601 july 31 1977 91 stat 354 pub l 94363 title vi 601 july 14 1976 90 stat 977 pub l 9491 title vi 601 aug 9 1975 89 stat 458 pub l 93381 title vi 601 aug 21 1974 88 stat 630 pub l 93143 title vi 601 oct 30 1973 87 stat 524 pub l 92351 title vi 601 july 13 1972 86 stat 487 pub l 9249 title vi 601 july 9 1971 85 stat 122 pub l 91439 title v 501 oct 7 1970 84 stat 902 pub l 91144 title v 501 dec 11 1969 83 stat 336 pub l 90479 title v 501 aug 12 1968 82 stat 717 pub l 90147 title v 501 nov 20 1967 81 stat 482 pub l 89689 title v 501 oct 15 1966 80 stat 1014 pub l 89299 title v 501 oct 28 1965 79 stat 1108 pub l 88511 title v 501 aug 30 1964 78 stat 693 pub l 88257 title v 501 dec 31 1963 77 stat 855 pub l 87880 title v 501 oct 24 1962 76 stat 1227 pub l 87125 title v 501 aug 3 1961 75 stat 282 pub l 86642 title ii 201 july 12 1960 74 stat 476 pub l 8679 title ii 201 july 8 1959 73 stat 165 pub l 85468 title ii 201 june 25 1958 72 stat 224 pub l 8548 title ii 201 june 5 1957 71 stat 53 june 13 1956 ch 385 title ii 201 70 stat 279 june 29 1955 ch 226 title ii 201 69 stat 195 aug 26 1954 ch 935 ch xiii 1301 68 stat 828 aug 7 1953 ch 340 ch xiii 1301 67 stat 435 july 15 1952 ch 758 ch xiv 1401 66 stat 659 nov 1 1951 ch 664 ch xiii 1301 65 stat 755 sept 6 1950 ch 896 ch xii 1201 64 stat 763 aug 24 1949 ch 506 title iii 301 63 stat 661 apr 20 1948 ch 219 title ii 201 62 stat 193 july 30 1947 ch 359 title ii 201 61 stat 608 1344 passenger carrier use (a)(1) funds available to a federal agency by appropriation or otherwise may be expended by the federal agencyfor the maintenance operation or repair of any passenger carrier only to the extent that such carrier is used to providetransportation for official purposes notwithstanding any other provision of law transporting any individual other thanthe individuals listed in subsections (b) and (c) of this section between such individuals residence and such individualsplace of employment is not transportation for an official purpose (2) for purposes of paragraph (1) transportation between the residence of an officer or employee and variouslocations that is (a) required for the performance of field work in accordance with regulations prescribed pursuant to subsection (e) of this section or (b) essential for the safe and efficient performance of intelligence counterintelligence protective services orcriminal law enforcement duties or transportation of federally owned canines associated with force protection dutiesof any part of the intelligence community (as defined in section 3 of the national security act of 1947 (50 usc 3003)) is transportation for an official purpose when approved in writing by the head of the federal agency (3) for purposes of paragraph (1) the transportation of an individual between such individuals place of employmentand a mass transit facility pursuant to subsection (g) is transportation for an official purpose (b) a passenger carrier may be used to transport between residence and place of employment the following officersand employees of federal agencies: (1)(a) the president and the vice president; (b) no more than 6 officers or employees in the executive office of the president as designated by the president; and (c) no more than 10 additional officers or employees of federal agencies as designated by the president; (2) the chief justice and the associate justices of the supreme court; (3)(a) officers compensated at level i of the executive schedule pursuant to section 5312 of title 5; and (b) a single principal deputy to an officer described in subclause (a) of this clause when a determination is madeby such officer that such transportation is appropriate; (4) principal diplomatic and consular officials abroad and the united states ambassador to the united nations; (5) the deputy secretary of defense and under secretaries of defense the secretary of the air force thesecretary of the army the secretary of the navy the members and vice chairman of the joint chiefs of staff andthe commandant of the coast guard; (6) the director of the central intelligence agency the director of the federal bureau of investigation director ofthe bureau of alcohol tobacco firearms and explosives 1 the administrator of the drug enforcementadministration and the administrator of the national aeronautics and space administration; (7) the chairman of the board of governors of the federal reserve system; (8) the comptroller general of the united states and the postmaster general of the united states; and (9) an officer or employee with regard to whom the head of a federal agency makes a determination inaccordance with subsection (d) of this section and with regulations prescribed pursuant to paragraph (1) ofsubsection (e) that highly unusual circumstances present a clear and present danger that an emergency exists orthat other compelling operational considerations make such transportation essential to the conduct of officialbusiness except as provided in paragraph (2) of subsection (d) any authorization made pursuant to clause (9) of thissubsection to permit the use of a passenger carrier to transport an officer or employee between residence and place ofemployment shall be effective for not more than 15 calendar days (c) a passenger carrier may be used to transport between residence and place of employment any person for whomprotection is specifically authorized pursuant to section 3056(a) of title 18 or for whom transportation is authorizedpursuant to section 28 of the state department basic authorities act of 1956 section 2637 of title 10 or section 8(a)(1) of the central intelligence agency act of 1949 (d)(1) any determination made under subsection (b)(9) of this section shall be in writing and shall include the nameand title of the officer or employee affected the reason for such determination and the duration of the authorization forsuch officer or employee to use a passenger carrier for transportation between residence and place of employment (2) if a clear and present danger an emergency or a compelling operational consideration described in subsection(b)(9) of this section extends or may extend for a period in excess of 15 calendar days the head of the federal agencyshall determine whether an authorization under such paragraph shall be extended in excess of 15 calendar days for aperiod of not more than 90 additional calendar days determinations made under this paragraph may be reviewed bythe head of such agency at the end of each such period and where appropriate a subsequent determination may bemade whether such danger emergency or consideration continues to exist and whether an additional extension not toexceed 90 calendar days may be authorized determinations made under this paragraph shall be in accordance withregulations prescribed pursuant to paragraph (1) of subsection (e) (3) the authority to make designations under subsection (b)(1) of this section and to make determinations pursuantto subsections (a)(2) and (b)(3)(b) and (9) of this section and pursuant to paragraph (2) of this subsection may not bedelegated except that with respect to the executive office of the president the president may delegate the authorityof the president under subsection (b)(9) of this section to an officer in the executive office of the president nodesignation or determination under this section may be made solely or principally for the comfort or convenience of theofficer or employee (4) notification of each designation or determination made under subsection (b)(1) (3)(b) and (9) of this section andunder paragraph (2) of this subsection including the name and title of the officer or employee affected the reason forany determination under subsection (b)(9) and the expected duration of any authorization under subsection (b)(9) shall be transmitted promptly to the committee on government operations of the house of representatives and thecommittee on governmental affairs of the senate (e)(1) not later than march 15 1987 the administrator of general services after consultation with the comptrollergeneral the director of the office of management and budget and the director of the administrative office of theunited states courts shall promulgate regulations governing the heads of all federal agencies in making thedeterminations authorized by subsections (a)(2)(a) (b)(9) and (d)(2) of this section such regulations shall specify thatthe comfort and convenience of an officer or employee is not sufficient justification for authorizations of transportationunder this section (2) in promulgating regulations under paragraph (1) of this subsection the administrator of general services shallprovide criteria defining the term field work for purposes of subsection (a)(2)(a) of this section such criteria shallensure that transportation between an employees residence and the location of the field work will be authorized only tothe extent that such transportation will substantially increase the efficiency and economy of the government (f) each federal agency shall maintain logs or other records necessary to establish the official purpose forgovernment transportation provided between an individuals residence and such individuals place of employmentpursuant to this section (g)(1) if and to the extent that the head of a federal agency in his or her sole discretion deems it appropriate apassenger carrier may be used to transport an officer or employee of a federal agency between the officers oremployees place of employment and a mass transit facility (whether or not publicly owned) in accordance withsucceeding provisions of this subsection (2) notwithstanding section 1343 a federal agency that provides transportation services under this subsection(including by passenger carrier) may absorb the costs of such services using any funds available to such agency whether by appropriation or otherwise (3) in carrying out this subsection a federal agency to the maximum extent practicable and consistent with soundbudget policy should (a) use alternative fuel vehicles for the provision of transportation services; (b) to the extent consistent with the purposes of this subsection provide transportation services in a manner thatdoes not result in additional gross income for federal income tax purposes; and (c) coordinate with other federal agencies to share and otherwise avoid duplication of transportation servicesprovided under this subsection (4) for purposes of any determination under chapter 81 of title 5 or chapter 171 of title 28 an individual shall not beconsidered to be in the performance of duty or acting within the scope of his or her office or employment by virtue ofthe fact that such individual is receiving transportation services under this subsection nor shall any time during whichan individual uses such services be considered when calculating the hours of work or employment for that individual forpurposes of title 5 of the united states code including chapter 55 of that title (5)(a) the administrator of general services after consultation with the appropriate agencies shall prescribe anyregulations necessary to carry out this subsection (b) transportation services under this subsection shall be subject neither to the last sentence of subsection (d)(3) nor to any regulations under the last sentence of subsection (e)(1) (6) in this subsection the term passenger carrier means a passenger motor vehicle or similar means oftransportation that is owned leased or provided pursuant to contract by the united states government (h) as used in this section (1) the term passenger carrier means a passenger motor vehicle aircraft boat ship or other similar means oftransportation that is owned or leased by the united states government; and (2) the term federal agency means (a) a department (i) including independent establishments other agencies and wholly owned government corporations; but (ii) not including the senate house of representatives or architect of the capitol or the officers oremployees thereof; (b) an executive department (as such term is defined in section 101 of title 5); (c) a military department (as such term is defined in section 102 of title 5); (d) a government corporation (as such term is defined in section 103(1) of title 5); (e) a government controlled corporation (as such term is defined in section 103(2) of title 5); (f) a mixedownership government corporation (as such term is defined in section 9101(2) of this title); (g) any establishment in the executive branch of the government (including the executive office of thepresident); (h) any independent regulatory agency (including an independent regulatory agency specified in section3502(10) 2 of title 44); (i) the smithsonian institution; and (j) any nonappropriated fund instrumentality of the united states except that such term does not include the government of the district of columbia (i) notwithstanding section 410(a) of title 39 this section applies to the united states postal service (pub l 97258 sept 13 1982 96 stat 924; pub l 99550 1(a) oct 27 1986 100 stat 3067; pub l 100180 div a title xiii 1314(d)(2) dec 4 1987 101 stat 1176; pub l 100202 101(a) title iv 407 dec 22 1987 101stat 1329 132926; pub l 101510 div a title iii 326(b) nov 5 1990 104 stat 1531; pub l 103272 4(f)(2) july 5 1994 108 stat 1363; pub l 10491 title i 101(a) jan 6 1996 110 stat 11 amended pub l 10499 titleii 211 jan 26 1996 110 stat 37; pub l 1087 div k title iv 423 feb 20 2003 117 stat 526; pub l 108 447 div b title i 117 dec 8 2004 118 stat 2870; pub l 10959 title iii 3049(b)(1) (2) aug 10 2005 119 stat 1712 1713; pub l 111350 5(h)(4) jan 4 2011 124 stat 3849; pub l 117103 div x title iii 306 mar 152022 136 stat 966) historical and revision notesrevised sectionsource (us code)source (statutes at large) 1344(a)31:638a(c)(2)(1st sentence)july 16 1914 ch 141 5(c)(2)(1st lastsentences) 38 stat 508; restated aug 21946 ch 744 16(a) 60 stat 8101344(b)31:638a(c)(2)(last sentence) in subsection (a) before clause (1) the words officers and employees of the government aresubstituted for officers and employees for clarity in clause (2) the words performing field workrequiring transportation are substituted for engaged in field work the character of whose duties makessuch transportation necessary to eliminate unnecessary words the word agency is substituted fordepartment because of section 101 of the revised title and for consistency with the source provisionsrestated in the section and section 1341 in subsection (b)(2) the words section 101 of title 5 are used because of section 7(b) of the act ofseptember 6 1966 (pub l 89554 80 stat 631) in subsection (b)(3) the words ambassadors ministers charges daffaires are omitted as beingincluded in principal diplomatic and consular officials editorial notes references in text section 28 of the state department basic authorities act of 1956 referred to in subsec (c) is classifiedto section 2700 of title 22 foreign relations and intercourse section 8(a)(1) of the central intelligence agency act of 1949 referred to in subsec (c) is classified tosection 3510(a)(1) of title 50 war and national defense subsection (b)(2)(b) of this section referred to in subsec (d)(3) (4) was redesignated subsec (b)(3) (b) by pub l 100202 see 1987 amendment note below section 3502 of title 44 referred to in subsec (h)(2)(h) which in par (10) defined independent regulatoryagency was omitted in the general amendment of chapter 35 of title 44 public printing and documents by pub l 10413 2 may 22 1995 109 stat 163 pub l 10413 enacted a new section 3502 of title 44which also defines independent regulatory agency codification amendment by pub l 10491 is based on section 118 of hr 2076 one hundred fourth congress aspassed by the house of representatives on dec 6 1995 which was enacted into law by pub l 10491 amendments 2022subsec (a)(2)(b) pub l 117103 inserted or transportation of federally owned caninesassociated with force protection duties of any part of the intelligence community (as defined in section 3of the national security act of 1947 (50 usc 3003)) after duties 2011subsec (h)(2)(a) pub l 111350 amended subpar (a) generally prior to amendment subpar (a) read as follows: a department (as such term is defined in section 18 of the act of august 2 1946 (41usc 5a)); 2005subsec (a)(3) pub l 10959 3049(b)(2) added par (3) subsecs (g) to (i) pub l 10959 3049(b)(1) added subsec (g) and redesignated former subsecs (g) and (h) as (h) and (i) respectively 2004subsec (b)(6) pub l 108447 inserted director of the bureau of alcohol tobacco firearmsand explosives after federal bureau of investigation 2003subsec (b)(6) pub l 1087 added par (6) and struck out former par (6) which read as follows: the director of the central intelligence agency the director of the federal bureau of investigation andthe administrator of the drug enforcement administration; 1996subsec (b)(6) pub l 10491 as amended by pub l 10499 amended par (6) generally prior toamendment par (6) read as follows: the director of the central intelligence agency and the director ofthe federal bureau of investigation; 1994subsecs (b) (d) (e) pub l 103272 amended pub l 100202 see 1987 amendment notesbelow 1990subsec (c) pub l 101510 inserted section 2637 of title 10 after act of 1956 1987subsec (b) pub l 100202 101(a) title iv 407(1) as amended by pub l 103272 added cl (2) redesignated former cl (2) as (3) and in subcl (b) substituted subclause (a) of this clause forsubparagraph (a) of this paragraph redesignated former cls (3) to (8) as (4) to (9) respectively and inlast sentence substituted clause (9) for paragraph (8) subsec (b)(4) pub l 100180 inserted the members and vice chairman of before the joint chiefs ofstaff subsec (d)(1) (2) pub l 100202 101(a) title iv 407(2)(a) as amended by pub l 103272 substituted subsection (b)(9) of this section for paragraph (8) of subsection (b) subsec (d)(3) pub l 100202 101(a) title iv 407(2)(b) as amended by pub l 103272 substituted subsections (a)(2) and (b)(3)(b) and (9) for subsections (a)(2) (b)(2)(b) and (b)(8) andsubsection (b)(9) for subsection (b)(8) subsec (d)(4) pub l 100202 101(a) title iv 407(2)(c) as amended by pub l 103272 substituted subsection (b)(1) (3)(b) and (9) of this section and subsection (b)(9) and the expectedduration of any authorization under subsection (b)(9) for paragraphs (1) (2)(b) and (8) of subsection(b) and paragraph (8) of subsection (b) and the expected duration of any authorization under suchparagraph respectively subsec (e)(1) pub l 100202 101(a) title iv 407(3) as amended by pub l 103272 substituted (b)(9) for (b)(8) 1986pub l 99550 substituted carrier for motor vehicle and aircraft in section catchline andamended text generally prior to amendment text read as follows: (a) except as specifically provided by law an appropriation may be expended to maintain operate and repair passenger motor vehicles or aircraft of the united states government that are used only for anofficial purpose an official purpose does not include transporting officers or employees of thegovernment between their domiciles and places of employment except (1) medical officers on outpatient medical service; and (2) officers or employees performing field work requiring transportation between their domicilesand places of employment when the transportation is approved by the head of the agency (b) this section does not apply to a motor vehicle or aircraft for the official use of (1) the president; (2) the heads of executive departments listed in section 101 of title 5; or (3) principal diplomatic and consular officials statutory notes and related subsidiaries change of name reference to the director of central intelligence or the director of the central intelligence agency in thedirectors capacity as the head of the intelligence community deemed to be a reference to the director ofnational intelligence reference to the director of central intelligence or the director of the centralintelligence agency in the directors capacity as the head of the central intelligence agency deemed tobe a reference to the director of the central intelligence agency see section 1081(a) (b) of pub l 108 458 set out as a note under section 3001 of title 50 war and national defense committee on governmental affairs of senate changed to committee on homeland security andgovernmental affairs of senate effective jan 4 2005 by senate resolution no 445 one hundredeighth congress oct 9 2004 committee on government operations of house of representatives treated as referring to committeeon government reform and oversight of house of representatives by section 1(a) of pub l 10414 setout as a note preceding section 21 of title 2 the congress committee on government reform andoversight of house of representatives changed to committee on government reform of house ofrepresentatives by house resolution no 5 one hundred sixth congress jan 6 1999 committee ongovernment reform of house of representatives changed to committee on oversight and governmentreform of house of representatives by house resolution no 6 one hundred tenth congress jan 52007 committee on oversight and government reform of house of representatives changed tocommittee on oversight and reform of house of representatives by house resolution no 6 onehundred sixteenth congress jan 9 2019 committee on oversight and reform of house ofrepresentatives changed to committee on oversight and accountability of house of representatives byhouse resolution no 5 one hundred eighteenth congress jan 9 2023 effective date of 2004 amendment pub l 108447 div b title i 117 dec 8 2004 118 stat 2870 provided in part that: this amendmentamending this section shall take effect as if enacted on january 1 2004 effective date of 1994 amendment pub l 103272 4(f)(2) july 5 1994 108 stat 1363 provided that the amendment made by that sectionis effective dec 22 1987 transfer of functions for transfer of authorities functions personnel and assets of the coast guard including theauthorities and functions of the secretary of transportation relating thereto to the department ofhomeland security and for treatment of related references see sections 468(b) 551(d) 552(d) and 557 oftitle 6 domestic security and the department of homeland security reorganization plan of november25 2002 as modified set out as a note under section 542 of title 6 charging helps agencies realize general efficiencies pub l 116160 oct 1 2020 134 stat 753 provided that: section 1 short title this act may be cited as the charging helps agencies realize general efficiencies act or thecharge act sec 2 payment by charge card for charging federal electric motor vehicles (a) definitionsin this act (1) the term administrator means the administrator of general services; (2) the term charge card (a) means a card plate coupon book or other means existing for the purpose of obtainingmoney property labor or services; and (b) includes (i) a card issued under the gsa smartpay program; and (ii) a fleet services card; (3) the term covered electric motor vehicle means a passenger carrier that is (a) a passenger motor vehicle; and (b) an electric motor vehicle; (4) the term electric motor vehicle has the meaning given the term in section 601 of the energypolicy act of 1992 (42 usc 13271); (5) the term electric motor vehicle charging station means a batterycharging station that permitsthe transfer of electric energy (by conductive or inductive means) to a battery or other storage device inan electric motor vehicle; and (6) the terms federal agency and passenger carrier have the meanings given those terms insection 1344(h) of title 31 united states code (b) guidancenot later than 180 days after the date of enactment of this act oct 1 2020 theadministrator shall issue guidance to clarify that each federal agency may in accordance with section1344 of title 31 united states code (1) charge a covered electric motor vehicle at a commercial electric motor vehicle chargingstation; and (2) pay for a transaction described in paragraph (1) with a charge card (c) issuance of charge cardsnot later than 180 days after the date of enactment of this act theadministrator shall issue to each federal agency a charge card for each covered electric motor vehicle ofthe federal agency that may be used by an officer or employee of the federal agency to pay for chargingthe covered motor vehicle in accordance with the guidance issued under subsection (b) coordination pub l 10959 title iii 3049(b)(3) aug 10 2005 119 stat 1713 provided that: the authority toprovide transportation services under section 1344(g) of title 31 united states code (as amended byparagraph (1)) shall be in addition to any authority otherwise available to the agency involved use of government vehicles pub l 101194 title v 503 nov 30 1989 103 stat 1755 as amended by pub l 101280 6(b) may4 1990 104 stat 160 provided that: notwithstanding any other provision of law the head of eachdepartment agency or other entity of each branch of the government may prescribe by rule appropriateconditions for the incidental use for other than official business of vehicles owned or leased by thegovernment such use with respect to vehicles owned or leased by or the cost of which is reimbursed by the house of representatives or the senate shall be only as prescribed by rule of the house ofrepresentatives or the senate as applicable use of official vehicles of house of representatives pub l 101194 title viii 802(d) nov 30 1989 103 stat 1773 as amended by pub l 104186 title ii 219(a) aug 20 1996 110 stat 1747 provided that: the committee on house oversight nowcommittee on house administration of the house of representatives shall take such action as may benecessary to carry out section 503 set out above with respect to vehicles of the house ofrepresentatives 1 so in original probably should be followed by a comma 2 see references in text note below 1345 expenses of meetings except as specifically provided by law an appropriation may not be used for travel transportation and subsistenceexpenses for a meeting this section does not prohibit (1) an agency from paying the expenses of an officer or employee of the united states government carrying outan official duty; and (2) the secretary of agriculture from paying necessary expenses for a meeting called by the secretary for 4hboys and girls clubs as part of the cooperative extension work of the department of agriculture (pub l 97258 sept 13 1982 96 stat 925) historical and revision notesrevised sectionsource (us code)source (statutes at large) 134531:551feb 2 1935 ch 4 49 stat 19 31:552june 17 1935 ch 271 49 stat 387 in the section before clause (1) the word appropriation is substituted for no moneys from fundsappropriated for any purpose in 31:551 for consistency in the revised title the words travel transportation and subsistence expenses for a meeting are substituted for the purpose of lodging feeding conveying or furnishing transportation to any conventions or other form of assemblage orgathering to eliminate unnecessary words the words to be held in the district of columbia orelsewhere are omitted as unnecessary in clause (1) the words agency from paying are substituted for the payment of for clarity andbecause of section 101 of the revised title statutory notes and related subsidiaries availability of appropriations for expenses of attending meetings pub l 102394 title v 505 oct 6 1992 106 stat 1825 provided that: appropriations contained inthis act or subsequent departments of labor health and human services and education and relatedagencies appropriations acts available for salaries and expenses shall be available for expenses ofattendance at meetings which are concerned with the functions or activities for which the appropriation ismade or which will contribute to improved conduct supervision or management of those functions oractivities similar provisions were contained in the following prior appropriation acts: pub l 102170 title v 505 nov 26 1991 105 stat 1141 pub l 101517 title v 505 nov 5 1990 104 stat 2221 pub l 101166 title v 505 nov 21 1989 103 stat 1189 pub l 100202 101(h) title v 505 dec 22 1987 101 stat 1329256 1329287 pub l 99500 101(i) hr 5233 title v 505 oct 18 1986 100 stat 1783287 and pub l 99591 101(i) hr 5233 title v 505 oct 30 1986 100 stat 3341287 pub l 99178 title v 505 dec 12 1985 99 stat 1132 pub l 98619 title v 505 nov 8 1984 98 stat 3333 pub l 98139 title v 505 oct 31 1983 97 stat 899 pub l 97377 title i 101(e)(1) title v 505 dec 21 1982 96 stat 1878 1904 1346 commissions councils boards and interagency and similar groups (a) except as provided in this section (1) public money and appropriations are not available to pay (a) the pay or expenses of a commission council board or similar group or a member of that group; (b) expenses related to the work or the results of work or action of that group; or (c) for the detail or cost of personal services of an officer or employee from an executive agency in connectionwith that group; and (2) an accounting or disbursing official absent a special appropriation to pay the account or charge may not allowor pay an account or charge related to that group (b) appropriations of an executive agency are available for the expenses of an interagency group conductingactivities of interest common to executive agencies when the group includes a representative of the agency therepresentatives receive no additional pay because of membership in the group an officer or employee of an executiveagency not a representative of the group may not receive additional pay for providing services for the group (c) subject to section 1347 of this title this section does not apply to (1) commissions councils boards or similar groups authorized by law; (2) courtsmartial or courts of inquiry of the armed forces; or (3) the contingent fund related to foreign relations at the disposal of the president (pub l 97258 sept 13 1982 96 stat 925) historical and revision notesrevised sectionsource (us code)source (statutes at large) 1346(a)31:672(1st sentence less wordsbetween 4th and 5th commas) rs 3681 31:673(less words between 11thcomma and semicolon) mar 4 1909 ch 299 9 35 stat 10271346(b)31:691may 3 1945 ch 106 214 59 stat 134 1346(c)31:672(1st sentence words between4th and 5th commas) (lastsentence) 31:673(words between 11th commaand semicolon) in the section the words executive agency are substituted for any executive department or othergovernment establishment for clarity and because of section 102 of the revised title in subsection (a)(1) before subclause (a) the words made by congress are omitted as surplus insubclause (c) the words the detail or cost of personal services of an officer are substituted for bydetail hereafter or heretofore made or otherwise personal services to eliminate unnecessary words andfor clarity in subsection (a)(2) the words of the government are omitted as surplus the words absent aspecial appropriation are substituted for until special appropriations shall have been made by law toeliminate unnecessary words in subsection (b) the words on or after may 3 1945 are omitted as executed the wordsinteragency group are substituted for committees boards or other interagency groups to eliminateunnecessary words the words includes a representative of the agency are substituted for composedin whole or in part of representatives thereof for clarity in subsection (c)(1) the words authorized by law are substituted for unless the creation    shall beor shall have been authorized by law to eliminate unnecessary words in subsection (c)(2) the words armed forces are substituted for military or naval service of the unitedstates for consistency subsection (c)(3) is substituted for the last sentence of 31:672 to eliminate unnecessary words 1347 appropriations or authorizations required for agencies in existence formore than one year (a) an agency in existence for more than one year may not use amounts otherwise available for obligation to pay itsexpenses without a specific appropriation or specific authorization by law if the principal duties and powers of theagency are substantially the same as or similar to the duties and powers of an agency established by executive order the agency established later is deemed to have been in existence from the date the agency established by the ordercame into existence (b) except as specifically authorized by law another agency may not use amounts available for obligation to payexpenses to carry out duties and powers substantially the same as or similar to the principal duties and powers of anagency that is prohibited from using amounts under this section (pub l 97258 sept 13 1982 96 stat 925) historical and revision notesrevised sectionsource (us code)source (statutes at large) 1347(a)31:696(1st 2d sentences)june 27 1944 ch 286 213 58 stat 3871347(b)31:696(last sentence) in the section the word agency is substituted for agency or instrumentality because of section 101of the revised title and for consistency the words amounts otherwise available for obligation aresubstituted for any appropriation or fund made available by this or any other act and the words dutiesand powers are substituted for functions for consistency in the revised title in subsection (a) the words after january 1 1945 are omitted as executed the words includingthose established by executive order are omitted the first time they appear as surplus the words fromthe date    came into existence are substituted for during the existence for clarity in subsection (b) the word amounts is substituted for appropriations for consistency in the revisedtitle 1348 telephone installation and charges (a)(1) except as provided in this section appropriations are not available to install telephones in private residencesor for tolls or other charges for telephone service from private residences (2) under regulations of the secretary of state appropriations may be used to install and pay for the use oftelephones in residences owned or leased by the united states government in foreign countries for the use of theforeign service (b) under regulations prescribed by the secretary of the army on recommendation of the chief of engineers notmore than $30000 may be expended each fiscal year to install and use in private residences telephones required forofficial business in constructing and operating locks and dams for navigation flood control and related water uses (c) under regulations prescribed by the secretary of defense funds appropriated to the department of defense areavailable to install repair and maintain telephone wiring in residences owned or leased by the united statesgovernment and if necessary for national defense purposes in other private residences (pub l 97258 sept 13 1982 96 stat 926; pub l 98407 title viii 811(a) aug 28 1984 98 stat 1523; pub l 104201 div a title xvii 1721 sept 23 1996 110 stat 2758) historical and revision notesrevised sectionsource (us code)source (statutes at large) 1348(a)(1)31:679(words before 2d comma)aug 23 1912 ch 350 7(less proviso) 37stat 4141348(a)(2)31:679(proviso)aug 23 1912 ch 350 37 stat 360 7(proviso); added apr 30 1940 ch 17554 stat 1751348(b)31:679(words between 2d commaand proviso) 31:680amay 10 1939 ch 119 4 53 stat 7381348(c)31:680sept 22 1922 ch 427 7 42 stat 1042; may 17 1950 ch 188 203 64 stat 170; restated june 28 1955 ch 198 69 stat 188 in subsection (a)(1) the words or private apartment are omitted as being included in privateresidences in subsection (a)(2) the word appropriations is substituted for government funds and the wordcalls is substituted for tolls for consistency the word official is omitted as surplus in subsection (b) the words on and after may 10 1939 in 31:680a are omitted as executed theword agency is substituted for executive department establishment or agency for clarity and becauseof section 101 of the revised title the words official business are substituted for public business in31:679 and transaction of public business which the interests of the government require to be sotransacted in 31:680a to eliminate unnecessary words the words division bureau or office in 31:679are omitted as being included in agency the words or such subordinates as he may speciallydesignate in 31:680a are omitted as surplus in subsection (c) the words on and after september 22 1922 the provisions of section 679 of this title or any other law prohibiting the expenditure of public money    shall not be construed to apply to orforbid are omitted as unnecessary because of the restatement editorial notes amendments 1996subsec (a)(2) pub l 104201 1721(1) struck out at end subsection (b) of this sectionapplies to longdistance calls made on those telephones subsecs (b) to (d) pub l 104201 1721(2) (3) redesignated subsecs (c) and (d) as (b) and (c) respectively and struck out former subsec (b) which read as follows: appropriations of an agency areavailable to pay charges for a longdistance call if required for official business and the voucher to pay forthe call is sworn to by the head of the agency appropriations of an executive agency are available only ifthe head of the agency also certifies that the call is necessary in the interest of the government 1984subsec (d) pub l 98407 added subsec (d) statutory notes and related subsidiaries effective date of 1996 amendment amendment by pub l 104201 effective 180 days after sept 23 1996 see section 1725(a) of pub l 104201 set out as a note under section 5722 of title 5 government organization and employees effective date of 1984 amendment pub l 98407 title viii 811(b) aug 28 1984 98 stat 1523 provided that: the amendment made bysubsection (a) amending this section shall be effective as of january 1 1984 funds appropriated to thedepartment of defense may be used to reimburse persons for expenditures made after december 311983 for the installation repair and maintenance of telephone wiring in any governmentowned orleased housing unit before the date of the enactment of this act aug 28 1984 employees authorized to work at home pub l 10452 title vi 620 nov 19 1995 109 stat 501 provided that: notwithstanding any provisionsof this or any other act during the fiscal year ending september 30 1996 and hereafter any department division bureau or office may use funds appropriated by this or any other act to install telephone lines and necessary equipment and to pay monthly charges in any private residence or private apartment ofan employee who has been authorized to work at home in accordance with guidelines issued by theoffice of personnel management: provided that the head of the department division bureau or officecertifies that adequate safeguards against private misuse exist and that the service is necessary fordirect support of the agencys mission 1349 adverse personnel actions (a) an officer or employee of the united states government or of the district of columbia government violatingsection 1341(a) or 1342 of this title shall be subject to appropriate administrative discipline including whencircumstances warrant suspension from duty without pay or removal from office (b) an officer or employee who willfully uses or authorizes the use of a passenger motor vehicle or aircraft owned orleased by the united states government (except for an official purpose authorized by section 1344 of this title) orotherwise violates section 1344 shall be suspended without pay by the head of the agency the officer or employeeshall be suspended for at least one month and when circumstances warrant for a longer period or summarily removedfrom office (pub l 97258 sept 13 1982 96 stat 926) historical and revision notesrevised sectionsource (us code)source (statutes at large) 1349(a)31:665(i)(1)(words before semicolonrelated to (a) (b)) rs 3679(i)(1)(words before semicolonrelated to (a) (b)); mar 3 1905 ch 1484 4(1st par ) 33 stat 1257; feb 27 1906 ch 510 3 34 stat 48; restated sept 61950 ch 896 1211 64 stat 7681349(b)31:638a(c)(2)(2d sentence)july 16 1914 ch 141 5(c)(2)(2d sentence) 38 stat 508; restated aug 2 1946 ch 744 16(a) 60 stat 810 in subsection (a) the words in addition to any penalty or liability under other law are omitted assurplus the words district of columbia government are added because of section 47105 of the dc code in subsection (b) the words of the government and from duty are omitted as unnecessary becauseof the restatement the word pay is substituted for compensation for consistency the word agency is substituted for department because of section 101 of the revised title and for consistency 1350 criminal penalty an officer or employee of the united states government or of the district of columbia government knowingly andwillfully violating section 1341(a) or 1342 of this title shall be fined not more than $5000 imprisoned for not more than2 years or both (pub l 97258 sept 13 1982 96 stat 926) historical and revision notesrevised sectionsource (us code)source (statutes at large) 135031:665(i)(1)(words after semicolonrelated to (a) (b)) rs 3679(i)(1)(words after semicolonrelated to (a) (b)); mar 3 1905 ch 1484 4(1st par ) 33 stat 1257; feb 27 1906 ch 510 3 34 stat 48; restated sept 61950 ch 896 1211 64 stat 768 the words district of columbia government are added because of section 47105 of the dc code the words upon conviction are omitted as surplus 1351 reports on violations if an officer or employee of an executive agency or an officer or employee of the district of columbia governmentviolates section 1341(a) or 1342 of this title the head of the agency or the mayor of the district of columbia as thecase may be shall report immediately to the president and congress all relevant facts and a statement of actionstaken a copy of each report shall also be transmitted to the comptroller general on the same date the report istransmitted to the president and congress (pub l 97258 sept 13 1982 96 stat 926; pub l 108447 div g title i 1401(a) dec 8 2004 118 stat 3192) historical and revision notesrevised sectionsource (us code)source (statutes at large) 135131:665(i)(2)(related to (a) (b))rs 3679(i)(2)(related to (a) (b)); mar 31905 ch 1404 4(1st par ) 33 stat 1257; feb 27 1906 ch 510 3 34 stat 48; restated sept 6 1950 ch 896 1211 64stat 768 the words executive agency are substituted for agency because the definition of agency in31:665(d)(2) applies to the source provisions restated in the section and because of section 102 of therevised title the word mayor is used because of reorganization plan no 3 of 1967 (eff aug 11 196781 stat 948) and sections 421 422 and 771 of the district of columbia selfgovernment andgovernmental reorganization act (pub l 93198 87 stat 789 818) the word president is substitutedfor president through the director of the office of management and budget because sections 101 and102(a) of reorganization plan no 2 of 1970 (eff july 1 1970 84 stat 2085) designated the bureau of thebudget as the office of management and budget and transferred all functions of the bureau to thepresident editorial notes amendments 2004pub l 108447 inserted at end a copy of each report shall also be transmitted to thecomptroller general on the same date the report is transmitted to the president and congress 1352 limitation on use of appropriated funds to influence certain federalcontracting and financial transactions (a)(1) none of the funds appropriated by any act may be expended by the recipient of a federal contract grant loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee ofany agency a member of congress an officer or employee of congress or an employee of a member of congress inconnection with any federal action described in paragraph (2) of this subsection (2) the prohibition in paragraph (1) of this subsection applies with respect to the following federal actions: (a) the awarding of any federal contract (b) the making of any federal grant (c) the making of any federal loan (d) the entering into of any cooperative agreement (e) the extension continuation renewal amendment or modification of any federal contract grant loan orcooperative agreement (b)(1) each person who requests or receives a federal contract grant loan or cooperative agreement from anagency or requests or receives from an agency a commitment providing for the united states to insure or guarantee aloan shall file with that agency in accordance with paragraph (4) of this subsection (a) a written declaration described in paragraph (2) or (3) of this subsection as the case may be; and (b) copies of all declarations received by such person under paragraph (5) (2) a declaration filed by a person pursuant to paragraph (1)(a) of this subsection in connection with a federalcontract grant loan or cooperative agreement shall contain (a) the name of any registrant under the lobbying disclosure act of 1995 who has made lobbying contacts onbehalf of the person with respect to that federal contract grant loan or cooperative agreement; and (b) a certification that the person making the declaration has not made and will not make any payment prohibitedby subsection (a) (3) a declaration filed by a person pursuant to paragraph (1)(a) of this subsection in connection with a commitmentproviding for the united states to insure or guarantee a loan shall contain the name of any registrant under thelobbying disclosure act of 1995 who has made lobbying contacts on behalf of the person in connection with that loaninsurance or guarantee (4) a person referred to in paragraph (1)(a) of this subsection shall file a declaration referred to in that paragraph (a) with each submission by such person that initiates agency consideration of such person for award of a federalcontract grant loan or cooperative agreement or for grant of a commitment providing for the united states toinsure or guarantee a loan; (b) upon receipt by such person of a federal contract grant loan or cooperative agreement or of a commitmentproviding for the united states to insure or guarantee a loan unless such person previously filed a declaration withrespect to such contract grant loan cooperative agreement or commitment pursuant to clause (a); and (c) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of theinformation contained in any declaration previously filed by such person in connection with such federal contract grant loan cooperative agreement loan insurance commitment or loan guaranty commitment (5) any person who requests or receives from a person referred to in paragraph (1) of this subsection a subcontractunder a federal contract a subgrant or contract under a federal grant a contract or subcontract to carry out anypurpose for which a particular federal loan is made or a contract under a federal cooperative agreement shall berequired to file with the person referred to in such paragraph a written declaration referred to in clause (a) of suchparagraph (6) the director of the office of management and budget after consulting with the secretary of the senate and theclerk of the house of representatives shall issue guidance for agency implementation of and compliance with therequirements of this section (c)(1) any person who makes an expenditure prohibited by subsection (a) of this section shall be subject to a civilpenalty of not less than $10000 and not more than $100000 for each such expenditure (2)(a) any person who fails to file or amend a declaration required to be filed or amended under subsection (b) ofthis section shall be subject to a civil penalty of not less than $10000 and not more than $100000 for each suchfailure (b) a filing of a declaration of a declaration amendment on or after the date on which an administrative action for theimposition of a civil penalty under this subsection is commenced does not prevent the imposition of such civil penaltyfor a failure occurring before that date for the purposes of this subparagraph an administrative action is commencedwith respect to a failure when an investigating official determines in writing to commence an investigation of anallegation of such failure (3) sections 3803 (except for subsection (c)) 3804 3805 3806 3807 3808 and 3812 of this title shall be applied consistent with the requirements of this section to the imposition and collection of civil penalties under this subsection (4) an imposition of a civil penalty under this subsection does not prevent the united states from seeking any otherremedy that the united states may have for the same conduct that is the basis for the imposition of such civil penalty (d)(1)(a) subsection (a)(1) of this section does not apply in the case of a payment of reasonable compensationmade to an officer or employee of a person requesting or receiving a federal contract grant loan or cooperativeagreement to the extent that the payment is for agency and legislative liaison activities not directly related to a federalaction referred to in subsection (a)(2) of this section (b) subsection (a)(1) of this section does not prohibit any reasonable payment to a person in connection with or anypayment of reasonable compensation to an officer or employee of a person requesting or receiving a federal contract grant loan or cooperative agreement or an extension continuation renewal amendment or modification of a federalcontract grant loan or cooperative agreement if the payment is for professional or technical services rendered directlyin the preparation submission or negotiation of any bid proposal or application for that federal contract grant loan or cooperative agreement or for meeting requirements imposed by or pursuant to law as a condition for receiving thatfederal contract grant loan or cooperative agreement (c) nothing in this paragraph shall be construed as permitting the use of appropriated funds for making any paymentprohibited in or pursuant to any other provision of law (2) the reporting requirement in subsection (b) of this section shall not apply to any person with respect to (a) payments of reasonable compensation made to regularly employed officers or employees of a personrequesting or receiving a federal contract grant loan or cooperative agreement or a commitment providing for theunited states to insure or guarantee a loan; (b) a request for or receipt of a contract (other than a contract referred to in clause (c)) grant cooperativeagreement subcontract (other than a subcontract referred to in clause (c)) or subgrant that does not exceed$100000; and (c) a request for or receipt of a loan or a commitment providing for the united states to insure or guarantee aloan that does not exceed $150000 or the single family maximum mortgage limit for affected programs whicheveris greater including a contract or subcontract to carry out any purpose for which such a loan is made (e) the secretary of defense may exempt a federal action described in subsection (a)(2) from the prohibition insubsection (a)(1) whenever the secretary determines in writing that such an exemption is in the national interest thesecretary shall transmit a copy of each such written exemption to congress immediately after making suchdetermination (f) the head of each federal agency shall take such actions as are necessary to ensure that the provisions of thissection are vigorously implemented and enforced in such agency (g) as used in this section: (1) the term recipient with respect to funds received in connection with a federal contract grant loan orcooperative agreement (a) includes the contractors subcontractors or subgrantees (as the case may be) of the recipient; but (b) does not include an indian tribe tribal organization or any other indian organization eligible to receivefederal contracts grants cooperative agreements or loans from an agency but only with respect to expendituresthat are by such tribe or organization for purposes specified in subsection (a) and are permitted by other federallaw (2) the term agency has the same meaning provided for such term in section 552(f) of title 5 and includes agovernment corporation as defined in section 9101(1) of this title (3) the term person (a) includes an individual corporation company association authority firm partnership society state andlocal government regardless of whether such entity is operated for profit or not for profit; but (b) does not include an indian tribe tribal organization or any other indian organization eligible to receivefederal contracts grants cooperative agreements or loans from an agency but only with respect to expendituresby such tribe or organization that are made for purposes specified in subsection (a) and are permitted by otherfederal law (4) the term state means a state of the united states the district of columbia the commonwealth of puertorico a territory or possession of the united states an agency or instrumentality of a state and a multistate regional or interstate entity having governmental duties and powers (5) the term local government means a unit of government in a state and if chartered established or otherwiserecognized by a state for the performance of a governmental duty the following entities: (a) a local public authority (b) a special district (c) an intrastate district (d) a council of governments (e) a sponsor group representative organization (f) any other instrumentality of a local government (6)(a) the terms federal contract federal grant federal cooperative agreement mean respectively (i) a contract awarded by an agency; (ii) a grant made by an agency or a direct appropriation made by law to any person; and (iii) a cooperative agreement entered into by an agency (b) such terms do not include (i) direct united states cash assistance to an individual; (ii) a loan; (iii) loan insurance; or (iv) a loan guaranty (7) the term federal loan means a loan made by an agency such term does not include loan insurance or aloan guaranty (8) the term reasonable payment means with respect to professional and other technical services a payment inan amount that is consistent with the amount normally paid for such services in the private sector (9) the term reasonable compensation means with respect to a regularly employed officer or employee of anyperson compensation that is consistent with the normal compensation for such officer or employee for work that isnot furnished to not funded by or not furnished in cooperation with the federal government (10) the term regularly employed with respect to an officer or employee of a person requesting or receiving afederal contract grant loan or cooperative agreement or a commitment providing for the united states to insure orguarantee a loan means an officer or employee who is employed by such person for at least 130 working dayswithin one year immediately preceding the date of the submission that initiates agency consideration of such personfor receipt of such contract grant loan cooperative agreement loan insurance commitment or loan guarantycommitment (11) the terms indian tribe and tribal organization have the meaning provided in section 4 of the indian self determination and education assistance act (25 usc 450b)1 (added pub l 101121 title iii 319(a)(1) oct 23 1989 103 stat 750; amended pub l 101512 title iii 320 nov 5 1990 104 stat 1977; pub l 103272 4(f)(1)(f) july 5 1994 108 stat 1362; pub l 10465 10 dec 191995 109 stat 700; pub l 10466 title iii 3001(b) dec 21 1995 109 stat 734; pub l 104106 div a title x 1064(c) div d title xliii 4301(a)(2) feb 10 1996 110 stat 445 656) editorial notes references in text the lobbying disclosure act of 1995 referred to in subsec (b)(2)(a) (3) is pub l 10465 dec 191995 109 stat 691 which is classified principally to chapter 26 (1601 et seq) of title 2 the congress forcomplete classification of this act to the code see short title note set out under section 1601 of title 2 andtables section 4 of the indian selfdetermination and education assistance act (25 usc 450b) referred to insubsec (g)(11) was classified to section 450b of title 25 indians prior to editorial reclassification as section5304 of title 25 codification another section 1352 was renumbered section 1353 of this title amendments 1996subsec (b)(2) pub l 104106 4301(a)(2) which directed amendment of par (2) by insertingand after the semicolon at the end of subpar (a) and by striking out subpar (c) was not executedbecause subsec (b)(2) did not contain a subpar (c) subsequent to amendment by pub l 10465 10(a) (1) see 1995 amendment note below subsec (b)(6)(a) pub l 104106 1064(c)(1) which directed insertion of (other than the secretary ofdefense and secretary of a military department) after the head of each agency could not be executedbecause subsec (b)(6) did not contain a subpar (a) subsequent to amendment by pub l 10465 10(a) (3) see 1995 amendment note below subsec (d)(1) pub l 104106 1064(c)(2) which directed the insertion of (other than in the case ofthe department of defense or a military department) after paragraph (3) of this subsection could notbe executed because subsec (d)(1) did not contain phrase paragraph (3) of this subsection subsequentto amendment by pub l 10465 10(b) see 1995 amendment note below 1995subsec (b)(2) pub l 10465 10(a)(1) added subpars (a) and (b) and struck out formersubpars (a) to (c) which read as follows: (a) a statement setting forth whether such person (i) has made any payment with respect to that federal contract grant loan or cooperativeagreement using funds other than appropriated funds which would be prohibited by subsection (a) ofthis section if the payment were paid for with appropriated funds; or (ii) has agreed to make any such payment; (b) with respect to each such payment (if any) and each such agreement (if any) (i) the name and address of each person paid to be paid or reasonably expected to be paid; (ii) the name and address of each individual performing the services for which such payment ismade to be made or reasonably expected to be made; (iii) the amount paid to be paid or reasonably expected to be paid; (iv) how the person was paid is to be paid or is reasonably expected to be paid; and (v) the activity for which the person was paid is to be paid or is reasonably expected to be paid; and (c) a certification that the person making the declaration has not made and will not make anypayment prohibited by subsection (a) subsec (b)(3) pub l 10465 10(a)(2) substituted shall contain the name of any registrant under thelobbying disclosure act of 1995 who has made lobbying contacts on behalf of the person in connectionwith that loan insurance or guarantee for shall contain and struck out subpars (a) and (b) whichread as follows: (a) a statement setting forth whether such person (i) has made any payment to influence or attempt to influence an officer or employee of anyagency a member of congress an officer or employee of congress or an employee of a member ofcongress in connection with that loan insurance or guaranty; or (ii) has agreed to make any such payment; and (b) with respect to each such payment (if any) and each such agreement (if any) the informationdescribed in paragraph (2)(b) of this subsection subsec (b)(6) (7) pub l 10465 10(a)(3) redesignated par (7) as (6) and struck out former par (6) which directed head of each agency to collect and compile detailed information on any unappropriatedpayments under federal contracts and report such information to the appropriate congressional officer orcommittee subsecs (d) to (h) pub l 10465 10(b) and pub l 10466 3001(b) amended section identically redesignating subsecs (e) to (h) as (d) to (g) respectively and striking out former subsec (d) whichdirected the inspector general or official of each agency to submit annual reports to congress on thecompliance of each agency with the requirements imposed by this section 1994subsec (c) pub l 103272 4(f)(1)(f)(i) substituted (c)(1) any person for (c)(1) any person subsec (e)(1)(c) pub l 103272 4(f)(1)(f)(ii) substituted appropriated for appropirated andinserted period at end subsec (h)(7) pub l 103272 4(f)(1)(f)(iii) inserted periods after agency and guaranty 1990subsec (e)(2)(c) pub l 101512 inserted or the single family maximum mortgage limit foraffected programs whichever is greater after $150000 statutory notes and related subsidiaries effective date of 1996 amendment for effective date and applicability of amendment by pub l 104106 see section 4401 of pub l 104 106 set out as a note under section 2220 of title 10 armed forces effective date of 1995 amendment amendment by pub l 10465 effective jan 1 1996 except as otherwise provided see section 24 ofpub l 10465 set out as an effective date note under section 1601 of title 2 the congress effective date pub l 101121 title iii 319(d) oct 23 1989 103 stat 756 provided that: section 1352 of title 31 unitedstates code (as added by subsection (a)) shall take effect with respect to federal contracts grants loans cooperative agreements loan insurance commitments and loan guaranty commitments that are enteredinto or made more than 60 days after the date of the enactment of this act oct 23 1989 first report on may 31 1990; content pub l 101121 title iii 319(b) oct 23 1989 103 stat 756 provided that the first report submittedunder former subsec (b)(6) of this section was to be submitted on may 31 1990 and was to contain acompilation relating to the statements received under subsec (b) of this section during the sixmonthperiod beginning on oct 1 1989 notification of compliance date; guidance for agency implementation pub l 101121 title iii 319(c) oct 23 1989 103 stat 756 required the director of the office ofmanagement and budget to notify the head of each agency that this section was to be complied withcommencing 60 days after oct 23 1989 and required the director not later than 60 days after oct 231989 to issue the guidance required under this section 1 see references in text note below 1353 acceptance of travel and related expenses from nonfederal sources (a) notwithstanding any other provision of law the administrator of general services in consultation with thedirector of the office of government ethics shall prescribe by regulation the conditions under which an agency in theexecutive branch (including an independent agency) may accept payment or authorize an employee of such agency toaccept payment on the agencys behalf from nonfederal sources for travel subsistence and related expenses withrespect to attendance of the employee (or the spouse of such employee) at any meeting or similar function relating tothe official duties of the employee any cash payment so accepted shall be credited to the appropriation applicable tosuch expenses in the case of a payment in kind so accepted a pro rata reduction shall be made in any entitlement ofthe employee to payment from the government for such expenses (b) except as provided in this section or section 4111 or 7342 of title 5 an agency or employee may not acceptpayment for expenses referred to in subsection (a) an employee who accepts any payment in violation of thepreceding sentence (1) may be required in addition to any penalty provided by law to repay for deposit in the general fund of thetreasury an amount equal to the amount of the payment so accepted; and (2) in the case of a repayment under paragraph (1) shall not be entitled to any payment from the government forsuch expenses (c) as used in this section (1) the term executive branch means all executive agencies (as such term is defined in section 105 of title 5); and (2) the term employee in the executive branch means (a) an appointed officer or employee in the executive branch; and (b) an expert or consultant in the executive branch under section 3109 of title 5; and (3) the term payment means a payment or reimbursement in cash or in kind (d)(1) the head of each agency of the executive branch shall in the manner provided in paragraph (2) submit to thedirector of the office of government ethics reports of payments of more than $250 accepted under this section withrespect to employees of the agency the director shall make such reports available for public inspection and copying (2) the reports required by paragraph (1) shall with respect to each payment (a) specify the amount and method of payment the name of the person making the payment the name of theemployee the nature of the meeting or similar function the time and place of travel the nature of the expenses andsuch other information as the administrator of general services may prescribe by regulation under subsection (a); (b) be submitted not later than may 31 of each year with respect to payments in the preceding period beginning onoctober 1 and ending on march 31; and (c) be submitted not later than november 30 of each year with respect to payments in the preceding periodbeginning on april 1 and ending on september 30 (added pub l 101194 title iii 302(a) nov 30 1989 103 stat 1745 1352; renumbered 1353 and amendedpub l 101280 4(b)(1) (c) may 4 1990 104 stat 157 158) editorial notes amendments 1990pub l 101280 4(b)(1) renumbered section 1352 of this title as this section subsec (a) pub l 101280 4(c)(1) substituted in the executive branch (including an independentagency) may accept payment or authorize an employee of such agency to accept payment on theagencys behalf for or employee in the executive branch may accept payment subsec (b) pub l 101280 4(c)(2)(a) inserted or 7342 after section 4111 subsec (b)(2) pub l 101280 4(c)(2)(b) substituted (1) for (1) subsec (c)(1) pub l 101280 4(c)(3) substituted all executive agencies for any executiveagency 1354 limitation on use of appropriated funds for contracts with entities notmeeting veterans employment reporting requirements (a)(1) subject to paragraph (2) no agency may obligate or expend funds appropriated for the agency for a fiscal yearto enter into a contract described in section 4212(a) of title 38 with a contractor from which a report was required undersection 4212(d) of that title with respect to the preceding fiscal year if such contractor did not submit such report (2) paragraph (1) shall cease to apply with respect to a contractor otherwise covered by that paragraph on the dateon which the contractor submits the report required by such section 4212(d) for the fiscal year concerned (b) the secretary of labor shall make available in a database a list of the contractors that have complied with theprovisions of such section 4212(d) (added pub l 105339 7(b)(1) oct 31 1998 112 stat 3189) 1355 prohibition on use of funds for portraits (a) no funds appropriated or otherwise made available to the federal government may be used to pay for thepainting of a portrait of an officer or employee of the federal government including the president the vice president a member of congress the head of an executive agency or the head of an office of the legislative branch (b) in this section (1) the term executive agency has the meaning given the term in section 133 of title 41; and (2) the term member of congress includes a delegate or resident commissioner to congress (added pub l 115158 2(a) mar 27 2018 132 stat 1242)

The Budget And Accounting Act of 1921.txt

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+the budget and accounting act the budget and accounting act a compilation of the 192 act as amended and extended by the budget and accounting procedures act of 1950 and other amendments through he 89tl1 congress 1st session reference gao d states general accounting office kf  a314 6236 r 0 1966 law f a) kf 23( ai the bud get and ace 0 u n ti n g act 9 2 1 asam en d f d a compilation of the 1921 act 3s amended and extended by the budet and kcountin procedures act of 1950 and other amendments throuh the 89th  conress 1st session prepared by the staff of the le21s1ative digest section united states general accounting office office of the general counsel february 1966 publi c law i367th congress chapter 18lst session s i o4 47 stt o 31 usc i oeletions are shown in hrackets and new material is in italics an act to proovids a natitmal budpet o:tem and an indepeniknt audit of government accountb and fo other purposes be it enacted hy the senate and lious e of itepresentatives of the united states of america in congress asembled title idefiniti ons sec  1 this act may he cited a the pudet and accounting act 1921  sec 2 en used 1n this actthe terms department and estahli shment and department or establish ment mean any executive department independent commission board bureau office agency or other establishment of the foverqment including any independent regulatory commission or board analthe municipal overnment of the district of columbia but do not include the legislative branch of the government or the supreme court of tbe united states; the term the budltet means he ludget required by section 201 to be transmited to congress; the term bureau means the bureau of the budet; the term director means the director of the bureau of the budget; the term tass1stant d1rectoru tldeputy di7ectorll means the assistant director deputy director of the bureau of the budget ; and the tsrm appropriations includes in applopriate conte:tj funds and authomzations to c7eate obligations by contjact in advance of appropriationsj or any ot her authority maicing funds availablb for ob ligation 01 erpendi turn y 1 added by sec 201 public law 1q 76th conres (53 stat 561 565) 2 act of july 31 1953 public law 176 83rd con rs (67 stat  298 299)11 added by sec 101 public law 784 81st congress (64 stat 832) 1 title iithe budget sec 201 the president shall transmit to congress on the first day during the first fifteen days of each regular session the budget which shall set forth in summary and 1n detail:1 his budget message swrrrrrzry data and text and suppo:rl:ing dlttaily the budget shall set foroth in such forom and tail as the proesidltnt may dete1mine (ca) estimates of the expenditures and approoriations necessary 1n his judment for the support of the government for the ensuing fiscal year; except that the estimates for such year for the legislative branch of the government and the supreme court of the united states shall he transmitted to the president on or before october 15 of each year and shall be included by him 1n the budget without revlion; (b) his estimates of the receipts of the government during the ensuing fiscal year under (1) laws existing at the time the budget 1s transmitted and also (2) under the revenue proposals if any contained in the rudget;l (c) the expenditures and receipts of the rvernment during the last completed fiscal year; (d) estimates of the expenditures and receipts of the government during the fiscal year in progress;1 (e) the amount of annual permanent or other appropriations including balances of appropriations for prior fiscal vears availahle for expenditure dur1n t he fiscal year in progres as of novemher 1 of such year; j (f) balanced s tatements of (1) the condition of the treasury at the end of the last completed fiscal year (2) the estimated condition of the treasury at the end of the fiscal year in progress and (3) the estimated condition of the treasury at the end of the ensuing fiscal year if the financial proposals contained in the udget are adopted;) (g) all essential facts regarding the bonded and other indebtedness of the government; and (h) such other financial statements and data as in his opinion are necessary or desirable in order to make known in all practicable detail the financial condition of the government1 (1) functions and activities of the government ; (2) at such times as may be placticabze infornlation on progroam costs and accomplishments; (3) any othero aesiroble classifications of data; (4) a roeconci liation of the swi71a7y data on erpendituroes with prooposed approop7iations; (5) estimated expenditures anri proposed appropriations necessary in his judgment foro the support of the govemment foro the ensuing fiscal   sec 201 amended by sec 102(a) public law 784 blst cong   (64 stat 832) and sec l(a) public law 863 84th cong (70 stat  782) 2 yenr eoet that estimated b1enritulos and proposed appropriatiom fol sh year for the legizative branch of the government and tho suplbmb curt 0 te unitd statazl be trarsmitted to tlte presi16nt on 01 be;ore october 1s of ach year and shan be included by him in the budget iji tltout roevision;  (6) estimated receipts of the govemrvmt during the ensuing fiscal yearj undsr (j) lqlj8 e:isting at the time the budget is transmitted and also (2) del tho lbvenub proposals if any coltaid in te puipet; (7) actual appropriations e:rpenditutes and 1bceipts of the gove t during the last conplsted fiscal yea: (8) estirlct :i e:rpenditulb an; receipts and actual 0 propcsed approp1iationa 01 the government durinp the fiscal year in pjognsb ; (9) balanced statement of (j) tho cdition of the treasury at the  d of the zant c lsted fiscal year (2) the estimated coldition 0; tho tlbasury at tho end of tho fiscal year in props and (3) the estimated condition of the 1reasury at the end ot the ensuing fiscal year if tho financial proposals coltained in the budget are adopted; (jo) all esential facts regaminp the holfsd and oth indebtedness of the government: and (11) such othsr financial statements and data as in his cminion are necessary or tibsilable in oroer to rrrlke knnrm in all pfqcticahle detail the rinaneiaz coru:iti011 of the govemment (h) wlumever the fflsidelt dete;nes tmre h been estahism:l a satisfactory system of acc1ual accozmting for an approopriation or fund act ach proposed appropriation tmreafter trarmittd ta tm ctmg76ss for sh account pu:rbumt ta the provisions of tris act shan be accort1pani6d bfl a propose 1 lirrri tcticm on annun z accrued erpertriitures the p1csidsnt mew include in the 9udaet ljitjj ani ( buc1 plooosed limita tion on annual acc1uilr b:rppniit:uoesj d1op081lls 01 p1otjisiom aut;on3 ing the head of a depa1t1rjnt 01 establishmpnt to nake tnnsfsls l1itmn his dspaent or establishment bee suh litati on annual acc1uba ependitulos: and such provisions may umit by amount or by per centul: th size of any t1al1aler if0 pnmose: fc) whenevbr an appropriation is subject to a limitation on cz7z7ual accrue; eroenditujl6s the1b shalz be ciuugbd against tns limitation the cost of goods and services and othel agsets received advance paymsnts mads and prdg1fsb payments becomi7lf dub and the amount of any other liabilities becominp payable during the tiscal mear concemed (d) at the lind of the riscal yslzj concs11ler atth unused balance o the limitatiol on annual accrued e:rpenditures shalt lapse ecept that ttrenever any liabilities are incu11bd ttithin the limitation providsd 07 in any fiscal yeal (1jhsther or not 1bco1detl or 1eported in such fiscaz year) nothing in this sction shazz be construer ta prejelt tho makinp of payment the16fol in any subsequent iscal yea (e) any obligations incurred during the fical year med 01 in priol fiscat years hich do not result in liabilities ;coming payabls during tho fiscal year concerned sau be charged against tho limitati on annual accrued expenditures for any ljucceedinp fiscal meal in tjhich such obligations may result in liabilities becoming payabls 3 (f) nothing in subsections (b) through (e) of this section shazz be construed to change existing ith respect to the method o manner of wdng appropriations or the incurring of obligations wtder appropriations note: subsections (b) (e) cd) (e) and (f) supra were added by public law 85759 approved auust 25 lqs8 72 stat 852 and ceased to be in effect on april 1 1962 sec 202 (a) if the etlmated receipts for the ensuin fiscal year contained 1n the budget on the basis of laws existing at the time the budget is tranatted plus the estimated amounts in the treasury at the close of the fiscal year 1n progress available for expenditure in the ensuing fiscal year are less than the estimated expenditures for the ensuing fiscal year contained in the budget the president 1n the budget shall make recommendations to congress for new taxes loans or other appropriate action to meet the estimated deficiency (b) if the aggregate of such estimated receits and such estimated amounts in the treasury is greater than such estimated expenditures for the ensuing fiscal year he shall make such recommendations as in his opinion the public interest require sec 203 (a) the president from time to time ay transmit to congress (supplemental or deficiency estimates of such appropriations or expenditures1 such roposed stcpple11nvtaz 01 deficiency aprrropriations as in his judent (l)are necessary on account of laws enacted after the transision of the rudget or (2) are otherwise in the public interest he shall accompany such estimates) proposals with a statement of the reasonssherefor including the reasons for their omission from the budget (b) whenever such po8ed supplemental or deficiency estimates appropriations reach an aggregate which if they had been contained in the budget would have required the president to make a recommendation unde r subdivisionca) of section 202 he shall thereupon make such recommendation  sec 204  (a) except as otherwise provided in this act the contents order and arrangement of the estimates of appropriationsl p08bd appropriations and the statements of expenditures and estioated expenditures contained 1n the nudet ot trarsmitted under section 203 and the notes and other data submitted therewi th shall conform to the requirements of ex1stin law requirements prescribed by te president cb) estimates for lumpsum appropriations contained in the budget or transmitted under section 203 shall be accompanied by statements showing in such detail and form as may be necessary to inform rongress the manner of expenditure of such appropriations and of te corresponding appropriations for the fiscal year in proress and the last copleted fiscal year such statements shall be in lieu of statements of like character now required by law 11 sec 203 smended hy sec l02(b) public law 784 81st cong (64 stat 832 833) i ibid 4 (b) the burget and statemente furnished nth any proposed supplemental or deficienc1 appropriations hall be accompanied by info tion as to personal semcelj and other objects of emmcr:ture in the same manner anr fom as in the iludpet for the fical yar 1950: provided that this requi7emcnt may be wived 01 modifia eithsr gll1ujmlly or in specific cases by joint action 0: the colljflitteea of onprt6bb having jurisdiction oljor appropriations: and provided further that nothing in this act shall be construed to lit the authority of conrrrittee of ongrte85 to request and receive suclj inlojl tltioll in such form as jmy may desire in considel(jticm o  r ann acticm upon budget 8stimates sec 205 fnenever an basic cnange is made in the fo of the udgetj the president 1n addition to the udet ahall transmit to congress on the first monday 1n december 1921 for the service of the fiscal year ending june )0 1923 only an alternative budget which shall be prepared in such form and amounts and accordin to such system of classification and itemization as is in his opinion moat appropriate with such explanatory notes and tables as mav be necessary to show where the various items embraced in the budet are contained 1n such a1rnative budget 1 of ths prior year a7e contaiei in the n2j rudget sec 206 o estimate or request for an appropriation and no request for an increase in an item of any such estimate or request and no recommendation as to how the revenue needs of the government should be met shall be submitted to congress or any committee thereof by any officer or employee of any department or establishment unless at the request of either house of congress sec 207 there 1s hereby created in the department of the treasury executive offioe of the pre8iden1 a bureau to be known as the bureau of the budet there shall be in the bureau 8 irector and an assistant directorl a depu directorloi who shall be appointed by tbe presidnt and receive salaries of t30ooo and $28 5 00 a year respectlvelyll the assistant eputy irector shall perform such autles 4s the director may designate and during the absence or incapacity of the director or durng a vacancy in the office of nrector he shall act nirector the bureau under such rules and regulations as the president may prescribe shall prepare for him the budget aod any prop08sd supplemental or deficiency estimates appropations and to this end shall have authority to assemble correlate revise reduce or increase the estimates requests for appropriations of the several departnts or estab11shments 12 1 amended by sec 102(c) public law 784 810t cong (64 stot 832833) 8 amended by sec 102() public law 784 818t cong (64 stat 832833)11 bureau of the budget transferred from the treasury dept to the executive office of the resident by reorganization plan no1 effective july 1 1939 (53 stat 1423) 101 title of position changed t o neputv director and two positions of assistant director authorized by public law 176 83d cong 67 stat  298 299) 11 rate of compensation fixed under the covernment employees salary reform act of 1964 (78 stat 400 416) 5 sec 208 (a) the director under such rules and regulations as the president may presc:ribe shall appoint and fi: t1uj compensation of13 attorneys and othr employees and make exnenditures for rent 1n the district of columbia printing b1ndin t eler s  telephone service l aw boo1 books of reference periodicala stationery furniture office equipment other supplies and necessary expenses of the office within the appropriations made therefor sec 208 (b)  (c) (d) and (e) 141 sec 09  the bureau when directed by the president shall make a detailed study of the departnts and establlsht s for the purpose of enabling the president to determine what chanfes with a view of securin greater economy and efficiency 1n the conduct of the public service1 should be made in (1) the existing oranizat10n activities and methods of business of such departments or estdblishent8 (2) the appropriations therefor (3) the assignment of particular activities to particular services or (4) the rerouplng of services  the results of such study shall be embodied in a reoort or reports to the qresident who may transmit to congres such report or reports or any pat thereof with his recoendations on the matters covered there y 1i1 sec 210 m sec 211 171 sec 212 the bureau shall at the request of any committee of either rouse of c onress havin jurisdiction over revenue or ppropriations furnish thl committee such aid and information as i t may request sec 213 under such reulations as the president may prescribe (1) every department and establishment shall furnish to the bureau such information il8 the bureau may from f94 to time require and (2) the director and the (assistant) deputyjjv director or any employee of the hu reau when duly authorized shall for the purpose of securing such information have access to and tbe rih t to examine any books documents papers  or records of any such department or estalishment 13 subject to public law 42q slat conr as amended (63 stat 954 973) 14 subsections (b) (c) (rl) and (e) relating to appointment and compensa tion of certain employees of t he bureau of the budget omitted 15 aterial 1n parentheses does not represent deleted languae  16 this section relating to preparation of material during 1921 omitted from this compilation as obsolete 17 this section re1atin to dut ies of ivislon of ookkeeping and warrants omitted as obsolete the ivision and functions were transferred to bureau of accounts fiscal service treasurv nept   by reor anition plan so iii (54 stat 1231) 18 see footnote 1 supra 6 sec 214 (0) the head of each department and estbllhnt ahall designate an official thereof as budget officer thctfor who 1n each year under his direction and on or before a date fixed by him shall prepare the departmental estimates ((b) such budget officer shall also prepare under the direction of the head of the department or establishment such 8upplemental and deficiency estimates as may be required for its work the head of eooh department and establishment shan ppare or cause to be prepand in each yea:r his requests for regutarj 8upplem(mta or deficienr:y appropriations llj sec 215 the head of each department and establishment ahall r evise the departmental estimates and submit them submit hia requests fop appropriations to the bureau on or beforefseptember 15 of each year  a dats which the psident 8hat determine  in ease of his failure so to do to do 80 the president shall cause to be prepared such estimates and datal such quebts to be preparer as are necessary to enable him to include fin the rudget estimates and statements buch 19aubsts th t budpet in respect to the work of such department or establishment 20 sec 216 the departmental ertimates and any supplemental or deficiency estimates (a) requests for n(lular suppemental 07 deficiency app1opnations which are suhmi tted to the bureau by the head of any department or establishment shall be prepared and submitted (in such form manner and detail as the president may (precribe detene in accopc1n:nce ljith the provisions of secticm 201ll (b) the quests of the departments and establishmont for appropria tions shan in such mannep and at such tirres as may be dsterminst by the predident be devezo;ed from costbased budgets (c) fop purposes of administration and operotion such c08tbased bufgete shah be usd by an departments and establishmsnts and thei sub01dirtato unitn aromnistrative suhdivisiona of appropriations or funde shah be made on the basis of such oootbased budets sec 21711 19 amended by sec 102(f) public law 784 8lat conr  (64 stat  832 833) 20 amended by sec 102(g) public law 784 8lat cong  (64 stat 832 834) 111 amended by sec 102(h) public lsv 784 81at cong  t and sec l(b) public taw 863 84th con (70 st at 782) 22 this sec tion appropriating funds for bureau for 1922 omitt ed as obsolete 7 new sect i ons adoed by the budget and account i ng procedures act of 1950 (64 stat  832 834) government statistical activities sec 103 the president through the rirector of the bureau of the bwiget i authorized and directed to teve 7op programs and to issue regulations and orcurrs f01 the itt1oved gathenng compiti anazyzing publishing and disseminating of statistical information for any pulpose by the various agencies in the e:reeutive broanch of the rovemment such lbgulations and oraers shall be afwred to by such agencieslll improved adminis t ration of executive aencies sec 104 the president through the ijirector of the bureau of the budget is authorized and directeri to evaluate and develop improved plans for the organiaation coordination and management of the executive bh of the government rn:th a vi to efficient and economic service businesrtype budgets sec 105 the irst tiojo sentences of section 102 of the government corporation control act of 1945 (19 stat  5q7) are (l1rrmded to read as follows: each wholly owned govemment corporation shall cause to be prepared q771ually a bueinestype budget which sholl be submi tted to the i3u1eau of the budget under such zules and 1e;1ulations as the president may establish as to the yate of submission tfe tom and content the cla:;sifieations 0 cata and the mq7j7trl in whieh such ourget program shall be prepared and presented 251 ac counti ng and budec classifications sec 106  the head of each ex2cutive agency shall in consultation with the rireetor of the bureau of the f1udget take hatever action may be necessary to achieve insofar as is possible (1) consistency in accowttip1g and budget classifications (2) synchronization between accowtting and budget class(fications and organizational structure and (3) support of the budget justifications by iforomation on performance and proognlm costs by organizational units 26 231 31 us c l 8b 241 31 usc l 8a 25 1 31 usc 847 261 added by sec 2(a) public law 863 84th cong (70 stat 782); 31 usc l 8c 8 title i i igeneral accounting office sec 301 there is created an e9tablishment of the government to be known as the general accounting office which shall be independent of the executive departments and under the control and direction of the comptroller general of the united states the offices of comptroller of the treasury and assistant comptroller of the treasury are abolished to take effect july i 1921 all other officers and employees of the office of the comptroller of the treasury shall become officers and employees 1n the general accountinc office at their grades and salaries on july 1 1921 and all books record documents papers furniture office equipment and other property of the office of the comptroller of the treasury shall become the property of the general accounting office the comptroller geneal is authorized to adopt a seal for the general accounting officelit sec 302 there shall be in the general accounting office a comptroller general of the united states and an assistant comptroller general of the united states who shall be appointed by the president with the advice and consent of the senate and shall receive salaries of s30oo1 and $28501 a year respectively the assistant comptroller rneral shall perform such duties a5 may be assigned to him by the comptroller general and during the absence or incapacity of the comptroller general o during a vacancy in that office shall act as comptroller general 30t sec 303 except as hereinafter provided in this section the comptroller general and the assistant comptroller rneral shall hold office for fifteen yeats the romptroller general shall not be eligible for reappointment the comptroller general or the assistant comptroller rneral may he removed at any time by joint resolution of congress after notice and hearing when in the judgment of congress the comptroller general or assistant comptroller rneral has become permanently incapacitated or has been inefficient or quilty of nelect of duty or of malfeasance in office or of any felony or conduct involving moral turpitude and for no other cause and in no other manner except by impeachment anv comptroller general or assistant comptroller removed in the manner herein provided sall he ineiible for reappointment to that office len a comptroller general or assistant comptroller general attains the age of seventy vears he shall be retired from his officel 27 31 usc 41 28 rate provided by public law 88426 aug 14 1964 (78 stat 400 415) 29 ibid 30 31 usc 42 31 31 usc 43 9 any c troller cene1al who hall 11 80 retired for age after seroirzg at uast ten years in jris ofictl 01 who completes his tbrntj shall nceiu an annuity durinp the lsraij1er 0 jzis t(fe equal to the balar payable or hill off:cs at the tims 0 ntinvmmt oj (omp14tion of tem b:r:cot that the annuity of any ronptcller cenenl rjno comp14tea hi te hall uce; by o1ui ourth a 1 per centum or each  ult month he is under the age of bi:::tyfive at buch coleticm any comptroller ce7t6ml who b p6l11cl1umtly di8abled from perforrm fi his duties bhall be ret;nzd and hall receive an annuity durifl the rsmaiuul1 of hi life equal to the balary payable or hi8 office at the time of retirement if he has server( at least ten years therein or equal to oneha7 : of such salaryif he has served less than ten yeas the annuities p1ovided fol henin shalz bs paid by the rtilnerol accounting oficc  no pereon 18ceiving benefits undsr this act shall n ceive tdzy other retilement banefits wtde any other law of the united statee sec 304  all powers and duties which on june 30 1921 were conferred or imposed by law upon the rornptroller of the treasury or the six auditors of the treasury depament and the duties of the roivision of bookkeepin and tarr ant5 1331 of the office of the secretary of the treasury relating to keepin the persona ledler accounts of disburs ing and collecting officers shall 9 so far as not inconsistent with this act be vested in and imposed upon the cneral accountin office and be exercised without direction f ro any other officer the balances certified by the comptroller neral shall be final and conclusive udoo the executive branch of the government the revision by the comptroller general of settlements made by the six auditors hall he discontinued except as to settlements made before july 1 19211 sec 305  section 236 of the reviserl statutes is amended to read 85 follows: sec 236 all claimq and demands whatever by the c::ovenllnent of the united states or aainst it and all accounts lohatever in which the government of the ti ted states is concernec either a dehtor or creditor ahall be settled and adjusted tn the reneral acc:ountin office sec 306  all laws relatio renerally to the administration of the departments and establishments shall so far as applicable overn the general accountio office copies of any hooks records pavers or documents and transcripts from the hooks and proceedins of the rneral accountin office when certified by te comptroller general or the assistant comptroller general under its seal shall be admitted as evidence with 32 added by public law 161 8jd con   167 stat 229) 33 division of 8ookkeepin and warrants an it functions were transferred to the bureau of accounts fiscal service of the treasury department by reorganization plan no iii (54 stat l23l) 34 the second pararraph of this section relating to the examination of vouchers of the postal service and the establishment of the rureau of accounts in the post office department is omitted from this compilation the bureau of accounts in the post office department was abolished and all functions thereof transferred to the postmaster cenera by reorganization plan no  iii of 1949 (63 stat 1066) 10 the sam effect as the copies and transcripts rereferred to in sectiods (882j351 and (885j361 of the revised statutes sec 307 the comptroller general may provide for the payment of accounts or claims adjusted and settled 1n the general accounting office through disbursing officers of the several departments and establishments instead of by warrant sec 308 the duties now appertaining to he division of public moneys of the office of the secretary of the treasury 80 far as they relate to the covering of revenues and repayments into the treasury the issue of duplicate checks and warrants and the certification of outstanding liabilities for payment shall be performed by the division of bookkejng and warrants of the office of the secretary of the treasury sec 309 the comptroller general shall prescribe the forms systems and procedure for administrative appropriation and fund accounting in the several departments and establishments and for the administrative examination of fiscal officers accounts and claims against the united states  sec 310  the offices of the six auditors shall be abolished to take effect july i 1921 all other officers and employees of these offices except as otherwise provided herein shall become officers and employees of the general accounting office at their grades and salaries on july i 1921  all books records documents papers furniture office equipment and other property of these offices and of the division of bookkeeping and warrants so far as they relate to the work of such division transferred by section 304 shall bcome the property of the general accounting office the general accounting office shall occupy temporarily the rooms now occupied by the office of the comptroller of the treasury and the six auditors sec 311 (a) the comptroller general shall appoint remove and fix the compensation of such attorneys and other employees in the general accounting office as may from time to time be provided for by law (b) all such appointments except to positions carrying a salary at a rate of more than $5000 a year shall be made in accordance with the civilservice laws and regulations (c) no person aopointed by the comptroller general shall be paid a salary at 8 rate of more than $6000 a year and not more than four persons shall be paid a salary at a rate of more than $5000 a year (d) all officers and employees of the general accounting office whether transferred thereto or appointed by the comptroller general shall perform such duties as may be assied to them by him 351 repealed by public law 773 80th cong (62 stat 869 993) now covered by 28 usc 1733 361 ibid 37 obsolete see footnote 33 supra 11 (e) all off1cal acts performed by such officers or employees specially designated therefor by the comptroller general shall have the same force and effect as though pe rformed by the comptroller rneral in person (f) the comptroller general shall make such rulep and regulations as may be necessary for carryin on the work of the general accounting office including rules and regulations concern1n the admission of attorneys to practice before such office sec 312 (a) the comptroller rneral shall investigate at the seat of government or elsehere all matters relatin to the receipt disbursement and application of public funds and rhall make to the president when requested by him and t o congress at the beinnin of each regular session a report in writing of the work of the general accounting office containing recommendations concerninr the legislation he may deem necessary to facilitate the prompt and accurate rendition and settlement of accounts and concerning such other matters relating to the receipt disbursement and application of public funds as he may think advisable in such regular report or in special reports at any time when congress is in sesion he shall make recommendations looking to greater economy or efficiency in puhlic expenditures (b) he shall make such investlgtions and reports as shall be ordered by either house of congress or by any committee of either rouse havin jurisdiction over revenue appropriations or expenditures the comptroller general shall also at the request of any uch committee direct assistants from his office to furnish the committee such aid and information 3s i t may request (c) the comptroller rneral shall specially report to ronress every expenditure or contract made by any department or establishment in any year in violation of law (d) hp shall submit to conress reoorts upon the adequacy and effectiveness of the administrative examination of accounts and claims in the respective departments and establishments and upon the adequacy and effectiveness of departmental inpection of the offices and accounts of fiscal officers (e) he shall furnish such information relating to expenditures and accounting to the rureau of the bude t as it may request from time to time sec 313 all departments and establishments shall furnish to the comptroller reneral such information regarding the powers duties activities organization financial transactions and methods of business of their respect ive offices as he may from time to time require of them: and the comptroller general or any of his assistants or employees when duly authorized by him shall for the purpose of secur1n such i nformation have access to and the right to examine any books documents papers or records of any such department or establishment the authority contained 1n this section shall not be applicahle to expenditures made under the provisions of section 2ql of the revised statutes 12 sec 314 the civil service commission shall establish an eligible registr for accountants for he eneral accountin office and the examinations of applicants for entrance upon such register hall be based upon questions approved by the comptroller rnera1 sec 315 c) all appropriations for the fiscal yar ending june 30 1922 for the offices of the comptroller of tbe treasury and the six auditors are transferred to and ade available for the general accounting office except as otherwise provided herein (b) dur1n such fiscal year the comptroller general within the limit of the total appropriations available for the eneral accounting office may make such chane8 in the number and compensatinn of officers and employees appointed by him or transferred to the rnerl accounting office under this act as may be necessary (c) there hall also be trarsferred to the general accounting office such portions of the appropriations for rent an contlnent and miscellaneous expenses including allotments for printing and b1ndina de for the treasury department for the fiscal year endin june 30 1922 as are equal to the amounts expenderl from similar appropriations during the fiscal year endin june 30 1921 by the treasury nepartment for the offices of the comptroller of the treasurv and the six auditors (d) lring the fiscal year ending june 30 1922 the propriations and portions of appropriations referred to in this ection shall be available for salaries and expenses of the general accountin office including payment for rent in the nistrict of rlumbia trave11n expenses the purchae and exchange of law hooks books of reference and for all necessary misellaneous and continent expenses sec 316 the reneral accounting office and the rureau of accounts shall not he conrtrued to be a bureau or office created since january 1 1916 so 8s to deprive employees therein of the additional compensation allowed civilian employees under the provisions of section 6 of the legislative rxeeut1ve and judicial appropriations act for the fieal year ending june 30 1922 if otheniise entitled thereto sec  317  the provisions of la prohibitin the transfer of employees of executive departments and independent establihment until after service of three years shall not apply durin the fiscal year ending june 30 1922 to the transfer of employees to the general accounting office sec 318 this act shall take effect upon its approval by the president: provided that sections 301 to 317 inclusive relating to the general accounting office and the ureau of accounts shall take effect july 1 1921 13 sec  319   (al any comptroler general o the united states with in 8i: montha of th dats on 1ijhich hs takes office 01 in th2 case ol the comptrollbl ge1az cumentzy in office and any ntind compt1olzel ammz rrithin ix ehs a;tel auct of thia 39ctior mtrjj in w1iting elect a ifilucticm in his salary and :retin1i67tt pay 10l purposes of ljw1jivorship b4mefits as heteinafter ;7vnnde1 (bl the1b shazz bp deducted from the salary and ti1bt day of any comotlozzel gensraz 01 ti1ed eonptlol zel gensrol rrnki1fl an election to jscsiv nurvivorship bene5ts a bd7 eaua to 3 pel centwf of his salaroj and rwti16mp1lt day  (cl each comptlolzel generol 01 tind eotlol 81 genejaz makij an zection to receive stuljivo18hip benefits s4ll cepoit with the generoz ac ounti1tf7 office fol coverinr into the generoz :und of the tnabtuy as rrrisosl1aneous receiots a sum equal to j per centum of his salary and 1fjti1ot pny 1eceived by him as compt1ozzel cneroz priol to the date current deductions begin from his sala:ry and retirement pay and of his hasic salary pay or compennation fo r service as a senator representativs delegate o pesident commissionsr in the congress of the united states and lor any other civilian semjice which orm the basis of a widcn 8 annuity as provided in auhsbction (n) 0 this section j)ith interest thelecm at the rate 0 4 per centum pel annum to decsmber 31 1947 cd1d j per centum per annwn thenater compounded on december 31 of gach year 71uj curro1it aejtactions r1ol1l salary 01 ren1bment pay shall be rngardsd as elrective as 0; the date the election of nduced salary and tirement pay tor purposes of survivorship ;enefits is macr (d) rjobjit;8tandi:n the lailure of a corrot1oller general or a :reti red comptlolle1 r:ene7al to make the deposit under subsection (cj cndit shall be azzd fol tlls evice 1bnce1bd but thp annuity of tlls widow s4ll be 1bd by 10 per centum 0: the amount of uch rlepeit computsd as of the fiats of c1eath of a roitrollsr r:eneral of nti1ed comptrol ler flt6ml un 1es8 sh widow shazl elect tn eliminate such svice enti1bly f1o1l c1fjdi t uncel subctions (n; and (01 of this section (e) in ase any romptroller general or retired cotrrptrollsl rereral ho has ezloud to b1ij imsel witmn the ptuljiew of thi mction shall au uhile in olfice or die tjhi 14 in ncb;pt of mtirovnt pay in accordance l1ith section 303 aft6:r joavinp ly7tiered at teast ve years o civilian service corrpute as prescribed in subsectiona (nj mzd (0) of this section f01 tm laat tivb leals of wj :ich the salary deduction 010 viced :01 by subsection (bl 0 this sectio 01 the 1eoosits qui : by subaection (cl or thi section have actuall been rrnde( j i if such comptlozze1 cenerol 01 reti1e1 comptlollel gensral i  suvitled by a wi701j but not b); a 1sppndent child the: shall be paid to such widclj annvi ty beainninr with the rlay of h ceth 0 1 followina the widows attainment of the ie ()f ffty yea1s whtcllsvel i the l;tr i n an amount comouted as ploviced i n ubseotion (nl of this s2ction; o 38 the act of july 13 1959 public law 8687 73 stat 197 added sec  l19 to the budget and accounting act of 1921  14 (2) if buch rtrolle ceneml or retia conptrone ceeml is 8urvilnlj by a widtaj and a depent:ilmt child or childrrm there shall be paid to such ijidow an i11rfjeciate annuit:y in an z7tount computed ati protji:lerl in subsection (n) of chia section ana the shalt also be pc:i1 to or on beralf 0 each such child an ilfrlediau tzn1tuity equal to onehal1t the ammmt of the annuity of ltucil ljiciofj but ot to  :ceer  mo pe yea:r ividsf by the unb6 of chum or sj60 per year hi hever is lesser; or (j) (f buch omdtlouer ceneml ol l6tini co1uotter general lecves no 8ult1ivin 7 widorj hut teavtb a survivin(7 deppntitmt child or had the shatz be pair to or em bpholf of bech buch hild if11tl8diate annuity eaual to the fl1owtt or the annuity to ijhich such widoj ijolild ;aljlf been entitterl touier pa1a(:1 cldh () of this subsection had she slcrviveti but not to 83:ceei 480 per lear (f) the uity payable to the ijidotj  wlder  ;;ill be te:l up he death or remarriage he annuity awwe to a child hreder shall be terminable upon () hia attaining te ape o;:o eiqhteen yeartj (2) his marriage or (3) his d6ath hicrver :irnt 0 curs e:ceot that if such child is incapable of sel: suiroorl 1 leasoj1: o gntaz or physieal disabiuty hie annui shalt be telf1finajle on m man ellt; arriape 01 16covezoy from such fisabiuty n the e1)ent of the rea o a wilow leauing a twptmumt hizrt or hil 0 a romotrohr rl or reti1 6ti compt1olle1 general survivin1 npr the annuity of such (hilt 01 chil shazz b tocgmputeri i pair as rovided in pamcraph () o subsection (e) of this rbctior in any case in hich the i21tnuity of a dpendent child wtdsr this susecticm is teiinate1 t6 annuities of any roemcrining de:den;ent hilr 01 cl:i t11 shaz i be o1t)utttt mtrl paid as thouph the rjild whose futnzr;tp lja8 tetminate1 an not rultjivp j 8u h conptloller geneml or 16tirer cofjotlol er t;eneml (g) ab usd herein( 1) the term ljirf(aj meanlj a sumjtv1np lrirt 0: a ro1ptrollsl cl6nejal 01 1tjtire conmtrol e1 r;eneral ijho eithc1 (a) fjrall have been maj1ied to such inrividual o at least o lears t:liately pncsding kill death 0 (8) is the oter 0  iffwj by ifu i;; c:nicf7e and ;u has not remamll (2) th tp rspe1tdent cjizr menns mt warl;ed hild including a depent stepchi ld 0 an aootf chi  hc is under the age of tli1izuen years ol ho l:iecause o physical 01 menta di:jabilit:y i incapabe of 8ezfbuuport (11) q7jbstions of ceoendency ann cisability art8vtp lolier this 3ection shall be deteromined by the t;enrml rou1lsel 0 the ;eneml accotmting offictl 08e dscision era z be inal and conclusive  (i) in any ase in hi h a cof7dtlozul r;pneral who has ele tej to bling himself within the pu:rview 0 t1oi3 llection is separated fro the servioo pnol to beccmi7lf1 entitlsd to roetiment pay asotovitie in section 303 he shall be pai1 the total ount 1etucted rvm hie salary rjith interellt theroon at the rote of 4 pt:1 centun pel gjtnum to f4c6nbel 31 1947 tl1vl 3 p1 c8ntull per ll7v1ttm theater compounwd on ecembel 31 of each yea to date of sepazoaticm (j) tn any ease in hick (1) any comptyozzpl geneml (a) dies in offiee before comn1etion of fivl1 years ot civilian service cv; 1escribed 15 in subseetions (n) and (0) 0: this section or (p) a:ter ompletinp five yea18 of such service dies in ofiee tjithout any survivors entitled to an annuity as provided in subseetion (e) of this sectioj1 or (o) in a1z1l case in hich any 1eti1ed colipt ohe geneaz dies without any su1vivo1s entitz e to an annuity as provided in subsection (e) 0 tis section the totaz arr1unt deducted f1ol his sala:ry and nti1emet pay ith interest thereon at the rate of 4 per centun 001 annum to fleceh 31 1947 ard 3 per centw7 p6l annum therearter corrrpounden on pecenber 31st of each year to datb of tfeath shall he paid to the person 01 pe1s07ts ljurviving at the date title to paybrtt arises in the following order or pmcerence and such taymbnt shall be a bar to lecovbli by any othel person: pilst to the benericiary 01 be1e:ricifuies designated by a tj1iting of a ccxi(trohe1 geaz o retid compthe genemz received by the general tccotdltinp nrrice prior to his death; seaond if them be not suer bene ticiartl to the 1nrit:m of such coi71o troo llp l geprn:l 0 1 retirer cof7dtroizer gpnero2:  ti1: i no1b o tltp above to the child or chilryen or such coltroher generaz o reti18c romptrohel genemz and the descenrants of any deceased chi ldron hy representation; fourth if nonp of the above to tjte pa1ents 0: 811ch corrrptroller genem1 01 16ti1ec ronptrozler ceneml: pifth if none o the above to thp rtuly appointer executor oj administrator of the estate 0: a rtzler genpz 01 retid cotroller gensra1 ; sixth i; none o  r the above to such othey nett of kin of such corrrptroller general or 1etired comr)tloller general as may be determined by thb gfms1al coldlsel 0: the cene1al accountinp olfice to be ertitted under the laws of the domici ze of such romptlo ler general or retind corrptlolter general at time or his death  ljetlllitinati011d as to the ijidou or chilr of a ronrot:rolle general 01 18ti3 coltlolley genual  01 the pu1doses of this subsection shah be maw b thq geneml counsel of thp t7eneral accounting office ijithout repard to the riprinition of these terms in subsection (g) of this section (k) in anf case in hich the annuities of all persons entitled to svor annuitie$ terminate bejore the ag1repate amowzt or annuity or annuities paid eauals the total amount detiucted fro tj :e salary and retiroement pay of a comptroller creneral or retired comjtroller oeneraz th intelest theyecm at d per cent:um per annum to dece1fber 31 1947 and 3 00 centum thenafter cpow1de on f)ecernner 31st of each year to the date 0; his death the rifele nee shall be paid in the order of precedenee p16scribed in subsection (i) of this section (l) any accrued annuity remaining unpaid upon the temrination (othel than by death) of tlo annuit)i or any su1vivoy of a compt1ozlel genejal or retiref comptroller general shall bq paid to such survivor any fldcrusd annuity remainino tdinai1 upon the death of mth such sumvor shall be paid in the folloljirlfi ode o preceence: fi18t to the duzy appointed executol o administmto of the estate of such person; second if theroe is no executor or aamnist;rator payment may be made aftel the p:t:piyation of thilty fas from the date of death of buah 8ulvivor to such individual or individuals as may appear in the judgment of the genemz counse of the genemz accounting office to be egany entitled thereto and such payment shall be a ba1 to 18co1)1 by any othel individual 16 (m) annuities granteti zmder the terms of this section shazl acc1tle monthzy and bhan be due and payabte in thzy instahment on the filst busi day o the imth fohowi the month o othe period fol hick t;e ann:city 8hall have acclub  fjmt8 0 the oneys rntrrtioned in thi section shazl be adsignale eitrer i n laj 01 eauity 0: subject to exeeution telly atta hrimt  arni8hrrent or other legal process (n) tjte annuity o a ijidaj of a cofifptloller renelaz or retired ctnel generaz ho has etected to broi hiz: ijithin the purmb j 0 this section shall fte an czrrnmt pf1ual to the bwf of (1) 1 14 per centum of the averoage mvr:w:tl ualcuy n1fttivqr by hinr ;or semjice as conrptlouel rraz and anp othel proio anouabte semce during the zaet five years of buch mce roruz tiued mj the bum of hi ya18 of service as compt1ollpr geneml his ltuz:rs ot 8smj1nj as a enatol repmsentatiw flelegate or reidsnt connisrioner in the ran(11es8 o the united state8 his  tars o prior al crjablp i1iilita semce an: his years not e::ceetfif l teen 0: r:rlior alzowahte oervicij as a congressional t1mpzopee and (2) th18equajtl18 ol 1 r;jfr centwr of ijuc; averape annual sala multipzie1 n his ja1t of fd1y other allowable 8ervice but such cutrluity s1talz tot il:r:cee 17 1 plr iut:ur or su avemf11 annual salary and iml be curt1tel re 1 in iui r lm t1i th slbsection (dj of ths section i aopzi nhlr (0) as user in aubse tion (n) t;e tem spn as a corpt8sioral employee 1eans service as detinet in bprnon 1 ( ) 0 the fivil sevice reti16ment a t qp)loved july 31 lr5 7(1 stat 74 (5 u s c 2251)  the tem azzotjahze militalu semer ncc:nc htmorablc (lti e se 7jice not e:rceeding ij)6 yea18 in tre cf1g e(1ate i1 the ft avp  ai fo ce varie corob 01 roast r;ljar in (zuriic service i1: thtt aticmaz r;ar orzu 1jhen ordeed to active i in tnl 8 tjife of the rmite; states when ach rrrilitary sem e is not cre liwlpior p1poses of  vtitflment or ntile: pay under any otmr plovision 01 zazj  he tel othpr orio: azlowabui service: f7eann civilian sernce 1l8 an officer or 8mpzoyee of the unid states or the ni8tric of olumhia not othe8e overe by catef1oj ( 1) of subbs tion (n) (pj the total service of a coptrozter general or ytired comptroller general halz he the full years and twellth darts thereol e:rcludirt3 fron the agg7c(1atq the fmeiionaz part ol a month if any (a) iothing containei in this section shall be coj1stmj8d to prevent a ijidotj 01 espedent child ezigihle tm tj01 if(jfri oimuztq1t6ouszy receiving an annty tolar this seatitm an 4 any annuity (icluding ot age and oulvivol benefits) to rjhicjt s1 ijoijzi otheaas6 be entitled toide1 any othel lmj ivithdut n(1aj to this 8eeti01 ut in cor:pu rt such othel annuity semjice ijsed in the corrmttation of an l11t1uity lmder this section shan not b c1bmted r) the annuitieb and letunri o  :e08its authorized i n this 3emon shah be paid from app1oljroiations o the generoaz accounting ofice  39 391 see foot note 30 supr a 17 public law 7b48ist congress chapter 9462nd session hr 9038 64 stat 832 an act to authorize the president to determine the form of the national budget and of departmental estimate to modernize and simplify governmental ccountin and auditing methods and procedures and for other purposes be it enactec by tlw senate and huuse of representatives of the united states of america in congress as 8embled pat iiaccounting and auditing short title sec 110 this part may be cited as the accounting and auditing act of 1950 declaration of policy sec 1 1 i it 1s the policy of the conres8 in enacting this part that (a) the accounting of the government provide full disclosure of the results of financial operations adequate financial information needed in the management of operations and the formulation and execution of the budget and effective control over income expenditures funds property and other assets (b) full consideration be iven to the needs and responsibilities of both the legislative and executive branches in the establishment of accounting and reporting systems and requirements (c) the maintenance of accounting systems and the producing of financial reports with respect to the operations of executive aencies including central facilities for bringing together and disclosing information on the results of the financial operations of the government as a whole be the responsibility of the executive branch cd) the auditing for the government conducted by the comptroller ceneral of the united states as an agent of the conress be directed at determining the extend to which accountin and related financial reporting fulfill the purposes specified financial transactions have been consummated in accordance with lsws regulations or other leal requirements and adequate internal financial control over operations is exercised and afford an effective basis for the settlement of accountin officers lb (e) fmhasi he olaced on effectin orderly irovements resulting in simplified and more effective accountin financial reportin budqetint and auditin requirenents and procedures and on the eliinatlon of those which involve duplication or which do not serve a purpnse commenrurate with the cost involved (f) the comptroller general of the united tates the secretary of the treasurv and the nirector of the rureau of the ud et conduct a continuous proram for the improvement of accounting and financial reportin 1n the covernrlent accounting and reoorting provisions sec 1 2 cal the ramptro11e r reneral of the united states after consulting the ecret a ry of the treasurv and the 01rcctor of the bureau of the budet concernin their accounting financial reportin and budetarv needs and considerin t he neerls of the other executive agencies shall prescribe the principles tandarrs and related requirements for accounting to be observed by each executive ae n cv including requirements for suitable inte ration between the  :jccounting processes of each executive 3ency and the accounting of te treasury nenartment require en t s rescr1hed by the conptroller rneral shall he de sie d to permit the eecutive aencies to carry out t heir responsibilities under section 113 of this part while providing a basis for integrated accountin for the rovernnent full diclosure of the result of the financial ooerations of each executive avency and the covernrnent as a whole and financial information and control necessary to enable the conres and the president to discharge their respective responsii1ities the comotroller general shall contin1e to exercise the authority vested in hin by section 205(b) of the federal property and adinist r3 t1ve services act of 1949 (6j stat  389) and to the extent he deems necessary the authority vested in him by section 30q of the rudaet and accountin act 1921 (42 stat 25)  any such exercise of authority shall be consistent with the provisions of this section  (b) the reneral accountin office shall cooperate with the executive aencies in the developent of their 8ccountin system5  includin the treasury department in the developent and establishment of the system of central accounting and repo rtin required by section 114 of this part such accounting systems shall e approved by the romptroller general when deemed by him to he adequate and in conforoity with the prine1ples standards  and relatd requirements prescribed by him (c) the general accountin office shall from time to time review the accountin systems of the executive agencies  the results of such reviews shall be available to the heads of the executive agencies concerned to the secretary of the treasury and to the director of the bureau of the budget and the comptroller general shall make such reports thereon to the conress as he deems proper sec  113 (a) the head of each executive aency shall establish and maintain systems of accountin and internal control designed to provide (1) full disclosure of the financial results of the agency s activities; 19 (2) adequate financial information needed for the agencys management purpose; (3) effective control over and accountability for all funds property and other assets for which the aency is responsihle includin appropriate internal audit; (4) reliable accounting results to serve as the basis for preparation and support of the agencys budget requests for controlling the execution of its budaet and for providin financial information required by the bureau of the budget under ection 213 of the budaet and accounting act 1921; (5) suitahle i ntee;ration of the accountinr of the agency with the accounting of the treasury department in connection with the central accounting and reporting responsihilities imposed on t he secretary of the treasury by section 114 of this part (b) the accountinr systems of executive alenciea shal l confom to the principles standards pnd related requirements prescribed by the comptroller general pursuant to section 112(a) of t his part (c) as soon acf practicable after the date of enactment of this 8 ubbectior: the head of eae tnccutive aency 8hnll i n accordance urith principles and stanra:rdit prescrihe r bu the romptrol1ergerterolj cause t he accounts o such agency to ne maintaim on an accrual basil to shotj the 1eboujces liabilities cmrf coitttr of ope1qtions of such agency iith a vie to facilitatirg the p1eptimtion of tbase1 budgets (lb require1 by section 21f of t he budget anr accountin act 1921 as amended the accountinp spflten requif8rl bh this subsection shall include t:z frauate mczptajy r:roveltu accountirq roerordj; as an integml pari 01 the syoterr  40  sec 114  (8) the ecre t ary of the treasurv shnll utenare such reports for the information of the president the con2ress and the public as will present the results of the financi al operations of the ove rnment: pvided that there shall be includerl such fi nancial data as the director of the bureau of the udge t may requi t 1n connection wit h t h preparati on of the u de t or for other purposes of the bureau fach executive a ency shall furnish thp secretary of the treasury such reports and information relatin to its fi nancial condition and operat ions as the secretary by rules and regulations may reouire for te effecti ve nerform an c of his responsibilities under this section (b) the secretary of the treas ury is aut hor ize to es tablish the facilities neessary to produce the financial reports required by s ubsection (a) of this section the 5ecretary is further authori zed to reorganize the accounting functions and install revise or eliminate accounting procedures and financial reports of the treasury departnent in order to develop effective and coordinated 5ystes of accounting and financial reporting in the several bureaus and offices of the department with such concentration of accounting and reportin as is necessary to accomplish integration of accountin result for the activiti es of the 40 subsection (c) added by sec 2(b) public law r63 84th congress (70 stat 782 783) 20 department and provide the operating center for the consolidation of accounting result s of other executive agencies with those of the depart ment the authority vested in 3nd the duties imposed upon the department by sections 10 15 and 22 of the act entitled an act mak1nll appropria tions for the legislative executive and judicial branches of the government for the fiscal year endin june thirtieth eihteen hundr ed ninetyfive and for ot her purposes approved july 31 t l94 (28 stat 162 208210) may be exercised and performed by the secretary of the treasury as a part of his broader authority and duties under this section and in such a manner as to provide a unified system of central accounting and reporting on the most effiecient and useful basis (c) the vs tem of central accmlntin and reporting provided for herein shall be consistent with the principles tandards and related requirements prescribed by the comptroller rene ral dursuant to ection 112 of this part sec 115 (a) when the secre tary of the treasury and the cop t roller general determine t hat exis t in procedures can be modified in the interest of simplification imrovement or ecor omv with sufficient sfeuard over the control and accoun tin for the dublic funds they may issue joint reulat ion9 p rovidin for the walvinr in whole or in part of the requirent 8 of ext8tin law that (1) warrants he issued and counte r ine rl in connection with the receipt retention and dishurseent of public none and trust funds; and (2) funds be requisit ioned  and adv3nce to accountable officers under each separate appropriation head or othrwise (b) such te ulation may further porvide for the pavrnent of vouchers by authorized disbursing officers by means of checks i8uerl aainst the general account of the treasurer of the (ite states: drovien that in such case the revulations shall provide for appropriate action in the event of delinquency by disbutin officers tn t he rendition of the officera accounts inc:ludln2 under necessary circumstances te uspe nsion or withdraval of authority to disburse sec  116  the romptrol ler l:eneral is authortzed to discontinue the mainteoance in the rn era l accountin office of aopropriatton ep endi ture limitation receipt and personal leder acclnt8 when in his ooinion the 8ccountin sy8 ts and internal control of the executive legslative and judicial aen cies are sufficient to pnable him to perfo p r oerly the function to which uc accounts relate sec 117  (a) rxcent as otherwise rpecificallv prov lded by law t he financial transactions of each executive le islative and judicial aency in clud in but not limited to the accounts of accountable officers shall be audited by the ceneral accountin office in accordanc with such principles and procedure and under such rules and re ulation as flay be prescribed by the comptroller general of the  ni ted states tn the determination of auditinr procedure to be folleved and the extent of examinat ion of vouchers and ohter documents the comptroller general shall give due regard to enerally accedteri prtncidlcs of auriitinn includi ng consideration of the effectiveness of acco un tin oran1zation and systems internal audit and control and related administrative practices of the respect ive agencies 21 (b) whenever the comptroller rneral determines that the audit shall be conducted at the place or places vhere the accounts and other records of an executive aency o t ahitect of the capitoz4l are normall rpt he may require any exeeut1ve agency 0 tits architeet of the capito to retain 1n whole or in part accounts of accountable officers contracts vouchers and other documents which are required under exitln law to be submitted to the ceneral accounting office under 8uch conditions and for such period not exceedin ten years as he may specify unless a loner period i areed upon with the executive agency oro the arochiteet of te rapitoz1 : provided that under agreements between the compt roler ceneral and le1818tive (othero than the architect of the copitol44and judicial enc1e t he provisions of this sentence may he extended to the accounts and rcords of uch agencies  (0) the comotroller cenerol i71 autiiti 1p th financial transactions of the alchitect t the capitol shall mak sue auriits at such times as he may dsem appropriate for the purpose 0 cut:rtin such audits the provision of ection 313 of the uf1et q1i d accounting act (42 stat 26; 31 u s c h)  all be a:plicable to the a7chitect of the capitol the copt1olter ceral hall report to the i1esic6nt of the senate q1id to tha speaker 0 the pause 0: pepn:sentatives the ngwtts or each uch auit all 8ijcn re :oorts galz be printef as se1ate documents 45 general provisions sec  ii as used in this part the term executive agency means any executive department or indeoenrlent establishnt in the executive branch of the government but (a) except for the purpores of sections 111 116 and 119 shall not include an government corporation or agency subject to the cove rnent corporation control act (59stat597) and (b) except for the purposes of section ill 113(c) 114 and 116 shall not include the post office department  sec  ii q the head of each executive ency 18 authorized to designate the place or places at the seat of rovetnment or elsewhere at which the administrative examination of fiscal officers accounts will be petfomed and ith the concurrence of the c01tiptroller general to waive the adminiatrative examination in vhole or in part; provided that the same authority 1s hereby conferred upon the officers responsible for the administrative examination of accounts fot )eis1ative and judicial agencies ll words or the architect of the capitol added by sec 105(a) of the legislative branch appropriation act 1965; publ rb54 (78 stat  ssl ) 21 ibid 43 words or the architect of the capitol should be read in at this place  44 words in parentheses added by sec 105(a) of the legi1aive branch appropriation act 1965 footnote 41 supra  entire subsectior (c) added by ec 105(a) of the legislative branch approptiation act 1965 footnote 41 supra 461 added by sec 2(c) public law 863 84th cante (70 stat 782 783) 22 title i i apprqppiations authorlztions for appropriations sec 201 no request5 for leislation which if enacted would authorize subsequent appropriations for a departoent or establishment in the executive branch of the governnt shall be transmitted to the bureau of the rudget  to the president or to the conress hy such department or estahlihrtent i or by anv oranlzatlon uni t thereof without the prior approval of the head of such dedartment or establishment  adjustment of appropriations for reorganization sec  202  (8) tfhen under authority of law a function or an activity 1s transferred or asigned from one apency within any department or establishment to another aenc in the same rleoartment or establishment the balance of appropriations which are determined hy the head of such department or establishment to be available and necessarv to finance or discharge the function nr activity so tr anferred or asslne ay with the approval of the president be tran ferred t o and b available for use by the aencv to which said function or activitv i transferred or assigned for any purnose for which said funrl we re oririnally available balances so transferred shall be credited to any applicable existing appropriation account or accounts or to anv new aopropriation account or accotmts which are hereby authorizerl to he estab1irher  and shall be merged with funds in the applicable existin or newlv etbllshed approoriation account or accounts and thereafter 8ccountcrl for as one fund (b) when under authority of law a function or activity is transferred or assled from one department or estalishment to another department or establishment the balance of aopropriations which are determined by the president to be available and necessary to finnce or discharge the function r activity so transferred or assirned shall be transferred to and he available for use by the departmen t or establishment to which said function rr activity is trans ferred or assined for any purpose for which said funds we re orii nal ly available alances so transferred shall be credited to any applieahle existin appropriation account or accounts or to any new appropriation account or accounts which are hereby authorized to be established and shall be merged with funds in the applicable existin2 or newly established appropriation account or accounts and thereafter accounted for as one fund  title i i irepeals nd sving pqovisi0ns repeals sec 301 the followin acts and parts of acts are hereby repealed: 47 repeals numbered (1) throuh (106) omi tted f rom this compilation 23 saving provisions sec 302  (a) the omiesion of any provision of lav from the provisions ot law renealed under section 301 shall not be construed as limitin the pp1ication of section 201 or 216 of the budret and account1nr act 1921  as amended or the pnwers of the president thereunder or as evidencin an intent that such provision vas not to be superseded by such sections  (b) enever any law authorizes expenditures for a particular object or purpore to be made from an appropriation item referred to in such l hv the specific title theretofore used for that appropriation 1te in the aporooriation act concerned and therefter such title is chanled or is eliminated from such appropriation act expenditure for such ohject or purpose thereafter ay he made from any correspondin approoritlon item  (c) except where authortt for performance of a function is specifically repealed in qection 301 none of the provisions of uch section ihall be construed as affectin the jurisdiction or responsibility of any 8ency or officer of the rovernnt over any function or oranizational unit rferr to in such section (d) existin law policies procedures an directives pertaining to functions covered y this act and not inconsistent herewith or repeald hereby shall remain in full force and effect unless and until superreed or except aq they may he amended under the authority of thia act or under other appropriate authoritv aoproved epteher 12 lq5n 24 inn e x access to recorda of ivernment aencles by bureau of the rudet access to records of rovernment 8encles by general accountln office accountable officera necounts audit fo svtems and procedures accountants rerister accountinr systcns: adequacv lprovents maintenance urpe requ r4 len ts accountln accrual accountin clas8tfications accountln and audltln act of lqsn accountln and reporttn authority appropriation accounts discontinuance appropriation authorization appropriations rneral accountlnl office relular deflcienc nnd supplemental architect of the rapitot audit assistant comptroller rneral position crotlon auditors offices aholi8hment audits: internal prlncip les site attornes employment in roan attornes practice before gao reulatlons rudcte t: alternative uiness type preparation budet rutftau: creation director position creation jurisdiction transfer fram treasurv to fxecutive nfflce of th president civil ervice coisston civil service law application claims settlement compt roller reneral: appointment a 3ent of conte8s position creation retirement page 6 12 21 11 11 12 21 18 if 19 3 20 8 18 19 21 23 13 457 22 q 11 21 21 22 11 12 5 8 2 5 5 6 5 13 11 10n 9 18 9 1014 i i n f x paae collptrol er (eneisl: (continued) salary 9 term of office and removal 9 (on ress : information f rom udet flureau 6 reports etc fr ra0 1219 reports from treasury nept 20 contract in violation of aw 12 flffinitions 122 oepartments and fta ishments rudet officer desi8tion 7 fmtloyees 1 cian appointment authority 11 nuties force and effect 12 xppndi tures in violation of len u financial information diclosure 18 fo etc prescridtion 11 general accountint office fstablishreent 9 covernment crnortlonq businesstype budret 8 tnvestirstlons 12 tolnt accountin and financial teportinct improvement pror 10 joint rer:ulat ions 21 lmj applicable to roan 10 te:tislative recollmendations 12 anaement improvement 8 records) evidence 10 rcotanizatlon appropriation adiustmnt 23 repeals 23 reports to connress 1219 snvins proviion 24 statistical activiti5 8 ttsurv secretary: reulat1ons 21 reports 20 tl

The Chief Financial Officers Act of 1990.txt

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+(document certified by government publishing office pkisupportgpogov) signed by government publishing office pkisupportgpogov time: 20221224 10:13:59 0500 reason: government publishing office attests that this document has not been altered since it was disseminated by government publishing office location: government publishing office washington dc 20401 public law 101576nov 15 1990 104 stat 2839 ment 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 title iiestablishment of chief financial officers sec 201 deputy director for management section 502 of title 31 united states code as amended by this act is amended (1)by redesignating subsections (c) (d) and (e) as amended by this section as subsections (d) (e) and (f); and (2)by inserting after subsection (b) the following: (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 sec 202 functions of deputy director for management (a) clerical amendmentssections 503 and 504 of title 31 united states code are redesignated in order as sections 505 and 506 respectively (b) functions of deputy director for managementsubchapter i of chapter 5 of title 31 united states code is amended by inserting after section 502 the following: 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 104 stat 2840 public law 101576nov 15 1990 (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 (8) provide advice to agency heads with respect to the selection of agency chief financial officers and deputy chief financial officers (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 maneigement 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 measurement of performance; (b) procurement policy; including the systematic (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 mansigement functions including organizational studies longrange 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 cjongress and the executive branch to improve the management of federal government operations and to remove impediments to effective administration public law 101576nov 15 1990 104 stat 2841 (5) provide leadership in management innovation through (a) experimentation testing and demonstration programs; and (b) the adoption of modern management concepts and technologies (6) 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 (7) 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 (8) provide advice to agencies on the qualification recruitment performance and retention of managerial personnel (9) perform any other functions prescribed by the director sec 203 office of federal financial management (a) estabushmentsubchapter i of chapter 5 of title 31 united states code as amended by this act is amended by inserting after section 503 (as added by section 202 of this act) the following: 504 ofhce 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 section 503(a) of this title (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) (b) statement of appropriations in budgetsection 1105(a) of title 31 united states code is amended by adding at the end the following: (28) a separate statement of the amount of appropriations requested for the office of federal financial management (c) clerical amendmentthe table of contents at the beginning of chapter 5 of title 31 united states code is amended by striking the items relating to sections 503 and 504 and inserting the following: 503 functions of deputy director for management 504 office of federal financial management 505 office of information and regulatory affairs 506 office of federal procurement policy : i 104 stat 2842 public law 101576nov 15 1990 31 use 501 note sec 204 duties and functions of the department of the treasury nothing in this act shall be construed to interfere with the exercise of the functions duties and responsibilities of the department of the treasury as in effect immediately before the enactment of this act sec 205 agency chief financial officers (a) in generalsubtitle i of title 31 united states code is amended by adding at the end the following new chapter: chapter 9agency chief financial officers sec 901 establishment of agency chief financial officers 902 authority and functions of agency chief fintmcial officers 903 establishment of agency deputy 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 (bxd (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 ot)x2) (a) be appointed by the head of the gency; (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 maneigement of and knowledge of and extensive practical experience in financial management practices in large governmental or business entities (bxd the agencies referred to in subsection (axd 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 housing and urban development (h) the department of the interior (i) the department of justice (j) the department of labor (k) the department of state (l) the department of transportation (m) the department of the treasury (n) the department of veterans affairs (o) the environmental protection agency (p) the national aeronautics and space administration (2) the agencies referred to in subsection (ax2) are the following: public law 101576nov 15 1990 104 stat 2843 (a) the agency for international development (b) the federal emergency management agency (c) the general services administration (d) the national science foundation (e) the nuclear regulatory commission (f) the office of personnel management (g) the small business administration  902 authority and functions of agency chief financial offlcers (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 5year financial management plan prepared by the director of the office of management and budget under section 3512(a)(3) of this title; and (ii) comply with the requirements established under sections 3515 and subsections (e) and (f) of section 3521 of this title; (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 104 stat 2844 public law 101576nov 15 1990 reports reports 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 section 3521(f) of this title an annual report to the agency head and the director of the office of management and budget which shall include (a) a description and analysis of the status of financial management of the agency; (b) the annual financial statements prepared under section 3515 of this title; (c) the audit report transmitted to the head of the agency under section 3521(f) of this title; (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 (public law 97255); and (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 (bxd 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 (ixb) 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 the inspector general act of 1978 (5 usc app) public law 101576nov 15 1990 104 stat 2845 903 establishment of agency deputy chief financial ofhcers (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 (b) clerical amendmentthe table of chapters at the beginning of subtitle i of title 31 united states code is amended by adding at the end the following: 9 agency chief financial officers 901 (c) chief financial officers of department of veterans af31 use 90i note fairs and department of housing and urban development (1) designationthe secretary of veterans affairs and the secretary of housing and urban development may each designate as the agency chief financial officer of that department for purposes of section 901 of title 31 united states code as amended by this section the officer designated respectively under section 4(c) of the department of veterans affairs act (38 usc 201 note) and section 4(e) of the department of housing and urban development act (42 usc 3533(e)) as in effect before the effective date of this act (2) conforming amendmentsection 4(c) of the department of veterans affairs act (38 usc 201 note) and section 4(e) of the department of housing and urban development act (42 usc 3533(e)) as added by section 121 of public law 101235 are repealed sec 206 transfer of functions and personnel of agency chief 31 usc 901 note financial officers (a) agency reviews of financial management activities not later than 120 days after the date of the enactment of this act the director of the office of management and budget shall require each agency listed in subsection (b) of section 901 of title 31 united states code as amended by this act to conduct a review of its financial management activities for the purpose of consolidating its accounting budgeting and other financial management activities under the agency chief financial officer appointed under subsection (a) of that section for the agency (b) reorganization proposalnot later than 120 days after the issuance of requirements under subsection (a) and subject to all laws vesting functions in particular officers and employees of the united states the head of each agency shall submit to the director of the office of management and budget a proposal for reorganizing the agency for the purposes of this act such proposal shall include (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 104 stat 2846 public law 101576nov 15 1990 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) review and approval of proposalnot later than 60 days after receiving a proposal from the head of an agency under subsection (b) the director of the office of management and budget shall approve or disapprove the proposal and notify the head of the agency of that approval or disapproval the director shall approve each proposal which establishes an agency chief financial officer in conformance with section 901 of title 31 united states code as added by this act and which establishes a financial management structure reasonably tailored to the functions of the agency upon approving or disapproving a proposal of an agency under this section the director shall transmit to the head of the agency a written notice of that approval or disapproval (d) implementation of proposalupon receiving written notice of approval of a proposal under this section from the director of the office of management and budget the head of an agency shall implement that proposal sec 207 compensation (a) compensation level iisection 5313 of title 5 united states code is amended by adding at the end the following: deputy director for management office of management and budget (b) compensation level iiisection 5314 of title 5 united states code is amended by adding at the end the following: controller office of federal financial management office of management and budget (c) compensation level ivsection 5315 of title 5 united states code is amended by adding at the end the following: chief financial officer department of agriculture chief financial officer department of commerce chief financial officer department of defense chief financial officer department of education chief financial officer department of energy chief financial officer department of health and human services chief financial officer department of housing and urban development chief financial officer department of the interior chief financial officer department of justice chief financial officer department of labor chief financial officer department of state chief financial officer department of transportation chief financial officer department of the treasury chief financial officer department of veterans affairs chief financial officer environmental protection agency chief financial officer national aeronautics and space administration public law 101576nov 15 1990 104 stat 2847 title iiienhancement of federal financial management activities sec 301 financial management status report; 5year plan of director of office of management and budget (a)in generalsection 3512 of title 31 united states code is amended by striking the heading thereof redesignating subsections (a)through (f) in order as subsections (b) through (g) and by inserting before such subsection (b) as so redesignated the following: 3512 executive agency accounting and other flnancial management reports and plans (axd the director of the office of management and budget shall prepare and submit to the appropriate committees of the congress a financial management status report and a governmentwide 5year financial management plan (2) a financial management status report under this subsection shall include (a) a description and analysis of the status of financial management in the executive branch; (b) a summary of the most recently completed financial statements (i) of federal agencies under section 3515 of this title; and (ii) of government corporations; (c) a summary of the most recently completed financial statement audits and reports (i) of federal agencies under section 3521 (e) and (f) of this title; and (ii) of government corporations; (d) a summary of 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 (public law 97255); and (e) any other information the director considers appropriate to fully inform the (dongress regarding the finsmcial management of the federal government (3xa) a governmentwide 5year financial management plan under this subsection shall describe the activities the director the deputy director for management the controller of the office of federal financial management and agency chief financial officers shall conduct over the next 5 fiscal years to improve the financial management of the federal government (b) each governmentwide 5year financial management plan prepared under this subsection shall (i) describe the existing financial management structure and any changes needed to establish an integrated financial management system; (ii) be consistent with applicable accounting principles standards and requirements; (iii) provide a strategy for developing and integrating individual agency accounting financial information and other financial management systems to ensure adequacy consistency and timeliness of financial information; 104 stat 2848 public law 101576nov 15 1990 (iv) identify and make proposals to eliminate duplicative and unnecessary systems including encouraging agencies to share systems which have sufficient capacity to perform the functions needed; (v) identify projects to bring existing systems into compliance with the applicable standards and requirements; (vi) contain milestones for equipment acquisitions and other actions necessary to implement the 5year plan consistent with the requirements of this section; (vii) identify financial management personnel needs and actions to ensure those needs are met; (viii) include a plan for ensaring the annual audit of financial statements of executive agencies pursuant to section 3521(h) of this title; and (ix) estimate the costs of implementing the governmentwide 5year plan (4)(a) not later than 15 months after the date of the enactment of this subsection the director of the office of management and budget shall submit the first financial management status report and governmentwide 5year financial management plan under this subsection to the appropriate committees of the congress (b)(i) not later than january 31 of each year thereafter the director of the office of management and budget shall submit to the appropriate committees of the congress a financial management status report and a revised governmentwide 5year financial management plan to cover the succeeding 5 fiscal years including a report on the accomplishments of the executive branch in implementing the plan during the preceding fiscal year (ii) the director shall include with each revised governmentwide 5year financial management plan a description of any substantive changes in the financial statement audit plan required by paragraph (3)(b)(viii) progress made by executive agencies in implementing the audit plan and any improvements in federal government financial management related to preparation and audit of financial statements of executive agencies (5) not later than 30 days after receiving each annual report under section 902(a)(6) of this title the director shall transmit to the chairman of the committee on government operations of the house of representatives and the chairman of the committee on governmental affairs of the senate a final copy of that report and any comments on the report by the director (b) clerical amendmentthe table of contents at the beginning of chapter 35 of title 31 united states code is amended by striking the item relating to section 3512 and inserting the following: 3512 executive agency accounting and other financial management reports and plans 31 us e 901 note sec 302 chief financial officers council (a) establishmentthere is established a chief financial officers council consisting of (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 public law 101576nov 15 1990 104 stat 2849 (4) each of the agency chief financial officers appointed under section 901 of title 31 united states code as amended by this act (b) functionsthe chief financial officers council shall meet periodically to advise and coordinate the activities of the agencies of its members on such matters as consolidation and modernization of financial systems improved quality of financial information financial data and information standards internal controls legislation affecting financial operations and organizations and any other financial management matter sec 303 financial statements of agencies (a) preparation of financial statements (1) in generalsubchapter ii of chapter 35 of title 31 united states code is amended by adding at the end the following: 3515 financial statements of agencies (a) not later than march 31 of 1992 and each year thereafter the head of each executive agency identified in section 901(b) of this title shall prepare and submit to the director of the office of management and budget a financial statement for the preceding fiscal year covering (1) each revolving fund and trust fund of the agency; and (2) to the extent practicable the accounts of each office bureau and activity of the agency which performed substantial commercial functions during the preceding fiscal year ot)) each financial statement of an executive agency under this section shall reflect (1) the overall financial position of the revolving funds trust funds offices bureaus and activities covered by the statement including assets and liabilities thereof; (2) results of operations of those revolving funds trust funds offices bureaus and activities; (3) cash flows or changes in flnancial position of those revolving funds trust funds offices bureaus and activities; and (4) a reconciliation to budget reports of the executive agency for those revolving funfe trust funds offices bureaus and activities (c) the director of the office of management and budget shall prescribe the form and content of the financial statements of executive agencies under this section consistent with applicable accounting principles standards and requirements (d) for purposes of this section the term commercial functions includes bujdng and leasing of real estate providing insurance making loans and loan guarantees and other credit programs and any activity involving the provision of a service or thing of value for which a fee royalty rent or other charge is imposed by an agency for services and things of value it provides (e) not later than march 31 of each year the head of each executive agency designated by the president may prepare and submit to the director of the c)ffice of management and budget a financial statement for the preceding fiscal year covering accounts of offices bureaus and activities of the agency in addition to those described in subsection (a) (2) effective date of subsectionsubsection (e) of section 31 use 3515 3515 of title 31 united states code as added by paragraph (1) ote 104 stat 2850 public law 101576nov 15 1990 shall take effect on the date on which a resolution described in subsection (b)(1) of this section is passed by the congress and approved by the president 31 use 3515 (3) waiver of requirementthe director of the office of note management and budget may for fiscal year 1991 waive the application of section 3515(a) of title 31 united states code as amended by this subsection with respect to any revolving fund trust fund or account of an executive agency 31 use 3515 (b) resolution approving designation of agencies (1) resolution describeda resolution referred to in subsection (ax2) is a joint resolution the matter after the resolving clause of which is as follows: that the congress approves the executive agencies designated by the president pursuant to section 3515(e) of title 31 united states code (2) introduction of resolutionno later than the first day of session following the day on which the president submits to the congress a designation of executive agencies authorized to submit financial statements under section 3515(e) of title 31 united states code as added by subsection (a) a resolution as described in paragraph (1) shall be introduced (by request) in the house by the chairman of the committee on government operations of the house of representatives or by a member or members of the house designated by such chairman; and shall be introduced (by request) in the senate by the chairman of the committee on governmental affairs of the senate or by a member or members of the senate designated by such chairman (3) referrala resolution described in paragraph (1) shall be referred to the committee on governmental affairs of the senate and the committee on government operations of the house (and all resolutions with respect to the same designation of executive agencies shall be referred to the same committee) by the president of the senate or the speaker of the house of representatives as the case may be the committee shall make its recommendations to the house of representatives or the senate respectively within 60 calendar days of continuous session of the congress following the date of such resolutions introduction (4) discharge of committeeif the committee to which is referred a resolution introduced pursuant to paragraph (2) (or in the absence of such a resolution the first resolution introduced with respect to the same designation of executive agencies) has not reported such resolution or identical resolution at the end of 60 calendar days of continuous session of the congress after its introduction such committee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the house involved (5) procedure after report or discharge of committee; vote on final passage(a) when the committee has reported or has been deemed to be discharged (under paragraph (4)) from further consideration of a resolution described in paragraph (1) it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any member of the respective house to move to proceed to the consideration of the resolution the motion is highly privileged and is not debatable the motion shall not be subject to amend public law 101576nov 15 1990 104 stat 2851 ment or to a motion to postpone or a motion to proceed to the consideration of other business a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order if a motion to proceed to the consideration of the resolution is agreed to the resolution shall remain the unfinished business of the respective house until disposed of (b) debate on the resolution gmd on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours which shall be divided equally between individuals favoring and individuals opposing the resolution a motion further to limit debate is in order and not debatable an amendment to or a motion to postpone or a motion to proceed to the consideration of other business or a motion to recommit the resolution is not in order a motion to reconsider the vote by which the resolution is passed or rejected shall not be in order (c)immediately following the conclusion of the debate on the resolution and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate house the vote on final passage of the resolution shall occur (d)appeals from the decisions of the chair relating to the application of the rules of the senate or the house of representatives as the case may be to the procedure relating to a resolution described in paragraph (1) shall be decided without debate (e)if prior to the passage by one house of a resolution of that house that house receives a resolution with respect to the same designation of executive agencies from the other house then (i)the procedure in that house shall be the same as if no resolution had been received from the other house; but (ii)the vote on final passage shall be on the resolution of the other house (f)it shall not be in order in either the house of representatives or the senate to consider a resolution described in paragraph (1) or to consider any conference report on such a resolution unless the director of the office of management and budget submits to the congress a report under subsection (e) (c) report on substantial commercial functionsnot later 3i use 3515 than 180 days after the date of the enactment of this act the director of the office of management and budget shall determine and report to the congress on which executive agencies or parts thereof perform substantial commercial functions for which financial statements can be prepared practicably under section 3515 of title 31 united states code as added by this section (d) pilot project(1) not later than march 31 of each of 1991 31 usc 3515 1992 and 1993 the head of the departments of agriculture labor oteand veterans affairs the general services administration and the social security administration shall each prepare and submit to the director of the office of management and budget financial statements for the preceding fiscal year for the accounts of all of the offices bureaus and activities of that department or administration (2)not later than march 31 of each of 1992 and 1993 the head of the departments of housing and urban development and the army shall prepare and submit to the director of the office of management and budget financial statements for the preceding fiscal year 104 stat 2852 public law 101576nov 15 1990 for the accounts of all of the offices bureaus and activities of that department (3)not later than march 31 1993 the head of the department of the air force the internal revenue service and the united states customs service shall each prepare and submit to the director of the office of management and budget financial statements for the preceding fiscal year for the accounts of all of the offices bureaus and activities of that department or service (4)each financial statement prepared under this subsection shall be audited in accordance with section 3521 (e) (f) (g) and (h) of title 31 united states code 31 use 3515 (e) report on initial financial statementsnot later than june 301993 the director of the office of management and budget shall report to the congress on the financial statements prepared for fiscal years 1990 1991 and 1992 under subsection (a) of section 3515 of title 31 united states code (as added by subsection (a) of this section) and under subsection (d) of this section the report shall include analysis of (1)the accuracy of the data included in the financial statements; (2)the difficulties each department and agency encountered in preparing the data included in the financial statements; (3)the benefits derived from the preparation of the financial statements; and (4)the cost associated with preparing and auditing the financial statements including a description of any activities that were foregone as a result of that preparation and auditing (f) clerical amendmentthe table of sections at the beginning of chapter 35 of title 31 united states code is amended by inserting after the item relating to section 3514 the following: 3515 financial statements of agencies sec 304 financial audits of agencies (a)in generalsection 3521 of title 31 united states code is amended by adding at the end the following new subsections: (e) each financial statement prepared under section 3515 by an agency shall be audited in accordance with applicable generally accepted government auditing standards (1) in the case of an agency having an inspector general appointed under the inspector general act of 1978 (5 usc app ) by the inspector general or by an independent external auditor as determined by the inspector general of the agency; and (2) in any other case by an independent external auditor as determined by the head of the agency reports (f) not later than june 30 following the fiscal year for which a financial statement is submitted under section 3515 of this title by an agency the person who audits the statement for purpose of subsection (e) shall submit a report on the audit to the head of the agency a report under this subsection shall be prepared in accordance with generally accepted government auditing standards (g) the comptroller general of the united states (1) may review any audit of a financial statement conducted under this subsection by an inspector general or an external auditor; public law 101576nov 15 1990 104 stat 2853 (2) shall report to the congress the director of the office of management and budget and the head of the agency which prepared the statement regarding the results of the review and make any recommendation the comptrpuer general considers appropriate; and (3) may audit a financial statement prepared under section 3515 of this title at the discretion of the comptroller general or at the request of a committee of the congress an audit the comptroller general performs under this subsection shall be in lieu of the audit otherwise required by subsection (e) of this section prior to performing such audit the comptroller general shall consult with the inspector general of the agency which prepared the statement (h) each financial statement prepared by an executive agency for a fiscal year after fiscal year 1991 shall be audited in accordance with this section and the plan required by section 3512(a)(3)(b)(viii) of this title (b) waiver of requirementsthe director of the office of management and budget may waive application of subsections (e) and (f) of section 3521 of title 31 united states code as amended by this section to a financial statement submitted by an eigency for fiscal years 1990 and 1991 sec 305 financial audits of government corporations section 9105 of title 31 united states code is amended to read as follows: 9105 audits (a)(1) the financial statements of government corporations shall be audited by the inspector general of the corporation appointed under the inspector general act of 1978 (5 usc app) or by an independent external auditor as determined by the inspector general or if there is no inspector general by the head of the corporation (2) audits under this section shall be conducted in accordance with applicable generally accepted government auditing standards (3) upon completion of the audit required by this subsection the person who audits the statement shall submit a report on the audit to the head of the government corporation to the chairman of the committee on government operations of the house of representatives and to the chairman of the committee on governmental affairs of the senate (4) the comptroller general of the united states (a) may review any audit of a financial statement conducted under this subsection by an inspector general or an external auditor; (b) shall report to the congress the director of the office of management and budget and the head of the government corporation which prepared the statement regarding the results of the review and make any recommendation the comptroller general of the united states considers appropriate; and (c) may audit a financial statement of a government corporation at the discretion of the comptroller general or at the request of a committee of the congress an audit the comptroller general performs under this paragraph shall be in lieu of the audit otherwise required by paragraph (1) of reports 31 use 3521 note reports reports 104 stat 2854 public law 101576nov 15 1990 this subsection prior to performing such audit the comptroller general shall consult with the inspector general of the agency which prepared the statement (5) a government corporation shall reimburse the comptroller general of the united states for the full cost of any audit conducted by the comptroller general under this subsection as determined by the comptroller general all reimbursements received under this paragraph by the comptroller general of the united states shall be deposited in the treasury as miscellaneous receipts (b) upon request of the comptroller general of the united states a government corporation shall provide to the comptroller general of the united states all books accounts financial records reports files workpapers and property belonging to or in use by the government corporation and its auditor that the comptroller general of the united states considers necessary to the performance of any audit or review under this section (c) activities of the comptroller general of the united states under this section are in lieu of any audit of the financial transactions of a government corporation that the comptroller general is required to make under any other law sec 306 management reports of government corporations (a)in generalsection 9106 of title 31 united states code is amended to read as follows: 9106 management reports (a)(1) a government corporation shall submit an annual management report to the congress not later than 180 days after the end of the government corporations fiscal year (2) a management report under this subsection shall include (a) a statement of financial position; (b) a statement of operations; (c) a statement of cash flows; (d) a reconciliation to the budget report of the government corporation if applicable; (e) a statement on internal accounting and administrative control systems by the head of the management of the corporation consistent with the requirements for agency statements on internal accounting and administrative control systems under the amendments made by the federal managers financial integrity act of 1982 (public law 97255); (f) the report resulting from an audit of the financial statements of the corporation conducted under section 9105 of this title; and (g) any other comments and information necessary to inform the congress about the operations and financial condition of the corporation (b) a government corporation shall provide the president the director of the office of management and budget and the comptroller general of the united states a copy of the management report when it is submitted to congress (b) clerical amendmentthe table of sections for chapter 91 of title 31 united states code is amended by striking the item relating to section 9106 and inserting the following: 9106 management reports public law 101576nov 15 1990 104 stat 2855 sec 307 adoption of capital accounting standards 31 usc 3511 no capital accounting standard or principle including any human capital standard or principle shall be adopted for use in an executive department or gigency until such standard has been reported to the congress and a period of 45 days of continuous session of the congress has expired approved november 15 1990 legislative historyhr 5687: house reports: no 101818 pt 1 (comm on government operations) congressional record vol 136 (1990): oct 15 considered and passed house oct 26 considered and passed senate amended oct 27 house concurred in senate amendments weekly compilation of presidential documents vol 26 (1990): nov 15 presidential statement

The Economy Act of 1932.txt

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+economy act agreements for purchasing goods or services 1 description and requirements the economy act of 1932 as amended 31 usc  1535 permits federal government agencies to purchase goods or services from other federal government agencies or other major organizational units within the same agency an economy act purchase is permitted only if: (1) amounts for the purchase are actually available (2) the purchase is in the best interest of the government (3) the ordered goods or services cannot be provided by contract from a commercial enterprise ie the private sector as conveniently or cheaply as could be by the government and (4) the agency or unit to fill the order is able to provide or get by contract the ordered goods or services the federal acquisition regulations (far) 48 cfr 175 provides further requirements for economy act agreements the far provides that an order cannot be placed under the economy act if a more specific statutory authority exists purchases pursuant to the economy act are not exempt from the requirements of 48 cfr 73 contractor versus government performance thus omb circular a76 applies to economy act agreements economy act agreement must achieve full cost recovery and there is no law permits a waiver of this full cost recovery requirement full cost recovery includes direct and indirect costs further the economy act does not allow a federal agency or unit to receive a profit when providing goods or services the far states that economy act orders must include (1) a description of the supplies or services required; (2) delivery requirements; (3) a funds citation; (4) a payment provision ; and (5) acquisition authority as may be appropriate further each economy act order shall be supported by a determination and finding (df) the df shall state that: (1) use of an interagency acquisition is in the best interest of the government; and (2) the supplies or services cannot be obtained as conveniently or economically by contracting directly with a private source if the economy act order requires contracting action by the servicing agency the df shall also include a statement that at least one of the following circumstances is applicable: (1) the acquisition will appropriately be made under an existing contract of the servicing agency entered into before placement of the order to meet the requirements of the servicing agency for the same or similar supplies or services; (2) the servicing agency has capabilities or expertise to enter into a contract for such supplies or services which is not available within the requesting agency; or (3) the servicing agency is specifically authorized by law or regulation to purchase such supplies or services on behalf of other agencies the df must be approved by a contracting officer of the requesting agency with authority to contract for the supplies or services to be ordered or by another official designated by the agency head except that if the servicing agency is not covered by the far approval of the df may not be delegated below the senior procurement executive of the requesting agency omb rules for intragovernmental transactions; economy act agreements in november 2006 omb issued rules on what needs to be in agreements involving the transfer of funds between agencies these rules require that certain financial info be included as well as special provisions addressing termination costs and dispute resolution all economy act agreements must now include the following financial data for both agencies in an intragovernmental transaction: treasury account symbol (tas) also referred to as the appropriation code business partner network (bpn) no (duns should be used the duns is necessary in order to register the bpn) business event type code (betc) generally the codes used will be disb (for gross disbursement) or coll (for offsetting collection) depending on whether you are the requesting or servicing agency this link contains information on the betc: http:wwwfmstreasgovgwafactsheetbetchtml in addition omb is requiring new cancellation and dispute resolution provisions which must be incorporated into the agreement; see sections 8 and 9 2 model economy act agreement memorandum of understanding pursuant to the economy act through which name of your operating unit us department of commerce is purchasing state what you are purchasing from name of other agency agreement no note: this format is for use only to order goods or services from another federal agency 2 1 parties and purpose this memorandum of understanding (mou) establishes an agreement between the name of doc office us department of commerce (doc) and name of other agency through which name of doc office will pay name of other agency for provide a general description of the goodservice for which doc is paying 2 background provide background information which addresses why we are requesting the goodsservices 3 authority the authorities for doc and name of other agency to enter into this agreement are: (1) the economy act 31 usc  1535 which provides that an agency may place an order with a major organizational unit within the same agency or another agency for goods or services if: a) amounts are available; (b) the ordering agency decides the order is in the best interest of the united states government; (c) the agency to fill the order is able to provide or get by contract the ordered goods or services; and (d) the agency decides ordered goods or services cannot be provided by contract as conveniently or cheaply by a commercial enterprise (payments must be made on the basis of the actual cost of goods or services provided); and (2) set forth your operating units legal authority under which it is making the purchase for goodsor services ie the programmatic authority to which the purchase is related 4 economy act findings as set forth in the attached determinations and findings pursuant to 48 cfr 17503 name of doc office warrants that sufficient funding amounts are available that this agreement is in the best interest of the united states government and that the services requested cannot be provided by contract as conveniently or cheaply by a commercial enterprise pursuant to 48 cfr 17503 if the economy act order requires contracting action by the servicing agency there also must be a determination that at least one of the following circumstances is applicable: (1) the acquisition will appropriately be made under an existing contract of the servicing agency entered into before placement of the order to meet the requirements 3 of the servicing agency for the same or similar supplies or services; (2) the servicing agency has capabilities or expertise to enter into a contract for such supplies or services which is not available within the requesting agency; or (3) the servicing agency is specifically authorized by law or regulation to purchase such supplies or services on behalf of other agencies accordingly if the order requires such contract action the agreement also must include a statement such as: name of doc office warrants choose one of the above 3 situations which applies name of other agency warrants that it is able to provide or get by contract the requested services if the agreement requires contracting action by the servicing agency the agreement must also include the following sentence: name of other agency warrants that it has adequate statutory authority for the contractual action and will comply fully with the competition requirements of part 6 of the federal acquisition regulations as well as all other legal or regulatory requirements applicable to the contract 1 5 terms and conditions state the terms and conditions of the agreement ie what it is specifically that you are purchasing delivery requirements and the amount that the other party will receive as payment the goodsservices ordered must further the mission of the department orders that would divide the costs of goods or services among agencies participating in events such as conferences etc on a basis other than each agency paying only for what it receives are not appropriate you should discuss such an arrangement with the general law division (2024825391) prior to drafting an agreement 6 transfer of funds explain the details of how doc will pay for the goodsservices eg whether payments will be monthly quarterly etc or in advance if required by the servicing agency the appropriation out of which name of doc office will pay for these services is:  these funds expire on state the date on which the funds expire2 this amount will be deobligated to the extent that the servicing agency has not incurred obligations before the end of the period of availability of that appropriation note: the 1 note: if the servicing agency is not subject to the far contact the general law division for further advice in drafting the agreement 2 however if the funds are no year funds state that doc is using no year funds for the purchase 4 servicing agency may ask for advance payment for all of part of the estimated costs of furnishing the supplies or services or payment may be made after the supplies and services have been furnished under no circumstances will the amount paid be more than the actual costs of the goods or services note: include the appropriation code and all appropriate codes and numbers as described above in the introductory notes 7 contact the contacts of each part to this agreement are: name of doc contact title of doc contact address of doc contact person phone:phone number of doc contact person fax : fax number of doc contact person email: email address of doc contact person name of other partys contact person title of other partys contact person address of other partys contact person phone:phone number of other partys contact person fax : fax number of other partys contact person email: email address of other partys contact person the parties agree that if there is a change regarding the information in this section the party making the change will notify the other party in writing of such change 8 duration of agreement amendments and modifications this agreement will become effective when signed by all parties the agreement will terminate on date but may be amended at any time by mutual consent of the parties note: if the agreement will last longer than 3 years the following sentence should be included in the agreement: the parties will review this agreement at least once every three years to determine whether it should be revised renewed or canceled any party may terminate this agreement by providing days written notice to the other party this agreement is subject to the availability of funds add cancellation provision per omb requirements: if buyer cancels the order seller is authorized to collect costs incurred prior to cancellation of the order plus any termination costs up to the total payment amount provided for under this agreement 5 9 resolution of disagreements nothing herein is intended to conflict with current doc or name of other agency directives if the terms of this agreement are inconsistent with existing directives of either of the agencies entering into this agreement then those portions of this agreement which are determined to be inconsistent shall be invalid but the remaining terms and conditions not affected by the inconsistency shall remain in full force and effect at the first opportunity for review of the agreement all necessary changes will be accomplished either by an amendment to this agreement or by entering into a new agreement whichever is deemed expedient to the interest of both parties add dispute resolution provision per omb requirements: disputes shall be resolved pursuant to applicable provisions of the business rules for intragovernmental transactions delineated in the treasury financial manual vol 1 bulletin 200703 section vii (resolving intragovernmental disputes and major differences) signaturemust be an official with authority to sign economy act agreements typed name typed title typed office at doc us department of commerce typed address date signature of person who has authority to commit other party to the economy act agreement typed name typed title typed name of other agency typed address of other agency date attachment 6 determinations and findings pursuant to 48 cfr 17503 name of doc office warrants: that sufficient funding amounts are available; that this agreement is in the best interest of the united states government; and that the services requested cannot be provided by contract as conveniently or cheaply by a commercial enterprise note: place a check in each space for each finding to indicate it has been substantiated it has been determined that this economy act order: does not require contracting action by the servicing agency; or does require contracting action by the servicing agency and that one of the following circumstances exists: the acquisition will appropriately be made under an existing contract of the servicing agency entered into before placement of the order to meet the requirements of the servicing agency for the same or similar supplies or services; the servicing agency has capabilities or expertise to enter into a contract for such supplies or services which is not available within the requesting agency; or the servicing agency is specifically authorized by law or regulation ie set forth the citation for the law or regulation to purchase such supplies or services on behalf of other agencies note: place a check in each space above that applies name of doc official who has authority to sign this df ie either a contracting officer or other official designated by the agency to sign the df3 title and office us department of commerce date: 3 if the servicing agency is not covered by the federal acquisition regulations approval of the df may not be delegated below the senior procurement executive of the department

The Supplemental Appropriations Act 1955.txt

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+(document certified by superintendent of documents pkisupportgpogov) signed by superintendent of documents pkisupportgpogov time: 20140522 18:53:18 z reason: gpo attests that this document has not been altered since it was disseminated by gpo location: us gpo washington dc 20401 68 stat public law 663aug 26 1954 chapter i district of columbia operating expenses regulatory agencies for an additional amount for regulatory agencies $15000 and the amount available under this head may be used to carry out the provisions of the district of columbia business corporation act (public law 389 eightythird congress) approved june 8 1954  p settlement of claims and suits for the payment of claims in excess of $250 approved by the com missioners in accordance with the provisions of the act of february d c code 1902 11 1929 as amended (45 stat 1160; 46 stat 500; 65 stat 131) to 1906 $13967 judgments for the payment of final judgments rendered against the district of columbia as set forth in senate document numbered 145 (eightythird congress) $15132 together with such further sums as may be necessary to pay the interest at not exceeding 4 per centum on such judgments as provided by law from the date the same became due until the date of payment audited claims for an additional amount for the payment of claims certified to be due by the accounting officers of the district of columbia under appropriations the balances of which have been exhausted or credited to the general fund of the district of columbia as provided by law (d c code title 47 sec 130a) being for the service of the fiscal year 1952 4i stat ii44 and prior fiscal years as set forth in senate document numbered 145 (eightythird congress) $14624 together with such further sums as may be necessary to pay the interest on audited claims for refunds at not exceeding 4 per centum per annum as provided by law (act of rs code 47july 101952 66 stat 546 sec 14d) division of expenses the sums appropriated in this act for the district of columbia shall unless otherwise specifically provided for be paid out of the general fund of the district of columbia as defined in the district of columbia appropriation acts for the fiscal years involved chapter ii legislative branch senate for payment to the estate of hugh butler late a senator from the state of nebraska $12500 for payment to clyde roark hoey junior and charles aycock hoey sons and isabel hoey paul daughter of clyde r hoey late a senator from the state of north carolina $12500 for payment to emily nathelle hunt widow of lester c hunt late a senator from the state of wyoming $12500 39777 o55pt 1 802 public law 663aug 26 1954 68 stat salaries officers and employees office of the secretary office of the secretary: for an additional amount for fiscal year 1955 $11725: provided that effective august 11954 the basic annual compensation of the following positions shall be: financial clerk $7320 in lieu of $7000; printing clerk $5400 in lieu of $5160; executive clerk $4380 in lieu of $4100; assistant to the majority and assistant to the minority at $8000 each in lieu of assistant to the minority at $8000 office of the sergeant at arms and doorkeeper office of the sergeant at arms and doorkeeper: for an additional amount for fiscal year 1955 $21925: provided that effective august 11954 the basic annual compensation of the following positions shall be: assistant doorkeeper $3420 in lieu of $3040; messenger at card door $3420 in lieu of $3 040; messenger acting as assistant doorkeeper $2760 and two messengers acting as assistant doorkeepers at $2580 each in lieu of three messengers acting as assistant doorkeepers at $2580 each; clerk press gallery $1800; chief janitor $3540 in lieu of $3200; assistant chief janitor $2400 in lieu of $2220; foreman of duplicating department $2520 in lieu of clerk $2280; three cabinetmakers at $2520 each in lieu of two cabinetmakers at $2520 each and one cabinetmaker at $2460; file clerk $1980; three offset press operators at $2220 each four clerks at $2160 each and twelve machine operators at $1740 each in lieu of five clerks at $2160 each and thirteen machine operators at $1740 each; two mimeograph operators at $1800 each and twentynine laborers at $1620 each in lieu of thirty laborers at $1620 each; repairman $2460; chief machine operator $2700 in lieu of chief machine operator at $2460; assistant superintendent service department $2760 in lieu of assistant superintendent service department $2460; foreman of warehouse service department $2580 m lieu of clerk $2580 offices of the secretaries for the majority and the minority offices of the secretary for the majority and the secretary for the minority: for an additional amount $1405: provided that effective august 1 1954 the basic annual compensation of the clerk to the secretary for the majority and the clerk to the secretary for the minority shall be at a rate to be fixed by the respective secretaries but not exceeding $3480 each offices of the majority and minority whips for two clerical assistants one for the majority whip and one for the minority whip at $2520 basic each $9140 contingent expenses of the senate legislative reorganization: for an additional amount for legislative reorganization $25000 reporting senate proceedings: for an additional amount for reporting senate proceedings $4000 inquiries and investigations: for an additional amount for expenses of inquiries and investigations fiscal year 1954 $60000 68 stat  public law 663aug 26 1954 803 miscellaneous items: for an additional amount for miscellaneous items exclusive of labor fiscal year 1954 $45000 house of representatives for payment to elizabeth p farrington widow of joseph r farrington late a delegate from the territory of hawaii $12500 for payment to sarah f camp widow of albert s camp late a representative from the state of georgia $12500 architect of the capitol the architect of the capitol under the direction of the house office building commission is authorized hereafter to furnish steam from the capitol power plant to the folger shakespeare library: provided that the person or persons authorized to make contracts with respect to such building to which such steam is to be furnished agrees (a) to pay for such steam at rates not less than cost determined by the architect of the capitol with the approval of the house office building commission and (b) to connect such building with the capitol power plant steam lines without expense to the united states and in a manner satisfactory to the architect of the capitol and the house office building commission: provided further that amounts received in payment for steam so furnished shall be covered into the treasury of the united states as miscellaneous receipts senate office building: for an additional amount for senate office building $4100 additional office building for the united states senate construction and equipment of additional senate office building: to enable the architect of the capitol under the direction of thesenate office building commission to continue to provide for the construction and equipment of a fireproof office building for the use of the united states senate in accordance with the provisions of the second deficiency appropriation act 1948 (62 stat 1029) $6000000: provided that no part of the funds herein appropriated shall be obligated or expended for construction of the rear center wing of said building from the ground floor up provided for under the building plans heretofore approved by such commission   government printing office working capital and congressional printing and binding the unexpended balance of the appropriation to the government printing office for working capital and congressional printing and binding for the fiscal year 1943 shall be available without regard to fiscal year limitation for payment of a claim settled by the general accounting office in favor of the baltimore and ohio railroad in the amount of $70334 on account of services rendered during the fiscal year 1942 the judiciary supreme court of the united states automobile for the chief justice: for purchase exchange lease driving maintenance and operation of an automobile for the chief justice of the united states $5835 804 public law 663aug 26 1954 68 stat 60 stat 327 67 stat 421 50 use appv 1 post p 1050 courts of appeals district courts and other judicial services fees of jurors and commissioners for an additional amount fiscal year 1954 for fees of jurors and commissioners $220000 salaries of referees for an additional amount for salaries of referees $18500 to be derived from the referees salary fund established in pursuance of the act of juue 281916 as amended (11u s c 68) chapter iii department of state acquisition of buildings abroad for an additional amount for acquisition of buildings abroad to remain available until expended $500000 international educational exchange activities for an additional amount for international educational exchange activities $300000: provided that not less than $1674652 shall be used for educational exchange activities related to the american republics from the total available to this appropriation for fiscal year 1955 international claims commission the appropriation granted under this head in the supplemental appropriation kct 1954 shall remain available until june 30 1955 payment to federal republic of germany for payment to the federal republic of germany for the acquisition or construction of an embassy in the district of columbia $300000 to be paid out of any funds or other property or interest vested or transferred to the attorney general pursuant to or with respect to the trading with the enemy act of october 6 1917 as amended: provided that this appropriation shall be effective only upon enactment of legislation set forth in either h r 9988 or s 1573 eighty third congress department of justice legal activities and geneill administration salaries an d expenses general legal activities for an additional amount for salaries and expenses general legal activities $300000 salaries and expenses united states attorneys and marshals for an additional amount for salaries and expenses united states attorneys and marshals $450000 68 stat public law 663aug 6 1954 fees and expenses of witnesses for an additional amount fiscal year 1954 for fees and expenses of witnesses $135000 to be derived by transfer from salaries and expenses antitrust division fiscal year 1954 immigration and naturalization service salaries and expenses for an additional amount for salaries and expenses $3000000; and appropriations granted under this head for the fiscal year 1955 shall be available for the purchase of twentyfour passenger motor vehicles and three aircraft in addition to those heretofore provided federal prison system salaries and expenses bureau of prisons for an additional amount for salaries and expenses bureau of prisons $750000 department of commeece bureau of the census censuses of business manufactures and mineral industries for expenses necessary for taking compiling and publishing the censuses of business manufactures and mineral industries as authorized by law including personal services by contract or otherwise at rates to be fixed by the secretary of commerce without regard to the classification act of 1949 as amended; and additional compensation of federal employees temporarily detailed for field work under this appropriation; $8430000 to remain available until december 31 1957 civil aeronautics administration salaries and expenses for an additional amount for salaries and expenses $430000 establishment of airnavigation facilities not to exceed $600000 of the funds previously appropriated under this head shall be available for construction and alteration of aeronautical facilities at cold bay alaska including construction and furnishing of quarters and related accommodations for officers and employees of the civil aeronautics administration and the weather bureau and meteorological facilities for the weather bureau land acquisition additional washington airport for an additional amount for land acquisition additional washington airport for payment of deficiency judgments rendered by united states district courts $16297 together with such amounts as may be necessary to pay interest as specified in such judgments 5recionote alaska  i h public law 663aug 26 1954 68 stat civil aeronautics administration  federalaid airport program federal airport act for carrying out the provisions of the federal airport act of may 6ostaui7o 13 1946 as amended (except section 5 (a)) $22000000 of which note 1104(a) (1) $20000000 shall be for projects in the states in accordance with 5 section 6 of said act (2) $250000 for projects in puerto rico (3) $50000 for projects in the virgin islands (4) $225000 for projects in the territory of hawaii (5) $225000 for projects in the territory of alaska and (6) $1250000 shall be available as one fund for necessary planning research and administrative expenses (including not to exceed $125000 civil aeronautics administration for necessary administrative expenses including the maintenance and operation of aircraft) : proiided that the amount made available herein for administrative expenses shall be in addition to the amount made available for such purposes in the department of commerce appro ante p 423 priation act 1955 claims federal airport act b h ; for an additional amount for claims federal airport act to remain available until expended as follows: municipal airport elko nevada $69449 washington national airport maintenance and operation washington national airport: for expenses incident to the care operation maintenance and protection of the washington national airport including purchase cleaning and repair of uniforms; and arms and ammunition; $1350000 construction washington national airport: for an additional amount for construction washington national airport including 9 r t w r additional loading gate positions and related paving; $340000 to remain available until expended maritime activities ship construction for payment of constructiondifferential subsidy and cost of nationaldefense features incident to construction of four passenger cargo ships under title v of the merchant marine act 1936 as 46 use ym et ided (46 u s c 1154); for reconditioning and betterment of not seq to exceed four ships in the nationaldefense reserve fleet; and for ante p 680 necessary expenses for the acquisition of used tankers pursuant to section 510 of the merchant marine act 1936 as amended (46 u s c 1160) and the payment of cost of nationaldefense features incorporated in new tankers constructed to replace such used tankers $82600000 to remain available until expended: provided that transfers may be made to the appropriation for the current fiscal year for salaries and expenses for administrative expenses (not to exceed $400000) and for reserve fleet expenses in such amounts as may be required and any such transfers shall be without regard to the limitations under that appropriation on the amounts available for such expenses: provided further that appropriations granted herein shall be available to pay constructiondifferential subsidy granted by the federal maritime board pursuant to section 501 (c) of the merchant 1191 seq marine act 1936 as amended to aid in the reconstruction of any marinerclass ships sold under the provisions of title vii of the 1936 68 stat public law 663aug 26 1954 act: provided further that all ship construction reconditioning and betterment of vessels appropriated for herein be performed in shipyards in the continental united states ship mortgageroreclosure or forfeiture contingencies for necessary expenses incurred in connection with protection preservation maintenance acquisition or use of vessels involved in mortgageforeclosure or forfeiture proceedings instituted by the government including payment as authorized by law or prior claims and liens expenses of sale or other charges incidental thereto $2500000 repair of reserve fleet vessels (liquidation of contract authorization) for the payment of obligations incurred pursuant to authority granted under the emergency ship repair act of 1954 $12000000: provided that advances may be made from this appropriation to salaries and expenses maritime activities for administrative expenses (not to exceed $150000) and for reserve fleet expenses (in such amounts as may be required) and such advances shall be in addition to amounts otherwise made available for such expenses: provided further that this paragraph shall be effective only upon enactment into law during the eightythird congress of s 3546 bureau of public roads interamerican highway for an additional amount for interamerican highway $4750000 to remain available until expended reimbursement to district of columbia for reimbursement to the highway fund district of columbia for part cost of construction of highwayrailroad grade separation structure in the district of columbia on new york avenue in the vicinity of south dakota avenue northeast $290000 chapter iv treasury department bureau of accounts salaries and expenses division of disbursement for an additional amount for salaries and expenses $350000: provided that this paragraph shall be effective only upon enactment into law of h r 9366 or similar legislation of the eightythird congress internal revenue service for an additional amount for salaries and expenses $7750000 united states secret service salaries and expenses for an additional amount for salaries and expenses including ante p 754 ante p 754  p post p 1052 public law 663aug 26 1954 68 st at ante p 144 ante p 144 post p a120 ante p 434 post p 1130 ante p 435 purchase of ten passenger motor vehicles in addition to those heretofore provided $229000 to be derived by transfer from such appropriations contained in the treasury department appropriation act 1955 as the secretary of the treasury may designate salaries and expenses whrte house police for an additional amount for salaries and expenses white house police $62000 to be derived by transfer from such appropriations contained in the treasury department appropriation act 1955 as the secretary of the treasury may designate bureau of the mint for a medal for irving berlin as authorized by law $1500 coast guard acquisition construction and improvements for an additional amount for acquisition construction and improvements $4000000 to remain available until expended retired pat for an additional amount for retired pay $80000 to be derived by transfer from the appropriation to the coast guard for operating expenses 1955 chapter v ; ve li department of labor v bureau of labor standards j f salaries and expenses for an additional amount for salaries and expenses $12500; and the amount made available under this head in the department of labor appropriation act 1955 for the wok of the presidents committee on national employ the physically handicapped week is increased from $75000 to $87500 bureau of employment security salaries and expenses for an additional amount for salaries and expenses $87500 grants to states for unemployment compensation and employment service administration for an additional amount for grants to states for unemployment compensation and employment service administration $13100000 of which $2000000 shall be available only upon enactment into law of h r 9709 eightythird congress and the limitation on the amount available only to the extent the secretary finds necessary to meet increased costs of administration is increased to $21000000 to be available for increased salary costs resulting from changes in state salary compensation plans embracing employees of the state generally in addition to the purposes set forth in the department of labor appropriation act 1955 68 st at  public law 663aug 26 1954 unemployment compensation for veterans for an additional amount for unemployment compensation for veterans $70400000 unemployment compensation for federal employees for payments to unemployed federal employees either directly or poat p 1130 through payments to states as authorized by title xv of the social security act as amended $10000000 to remain available until expended unemployment compensation for federal employees next succeeding fiscal year for making after may 31 of the current fiscal year payments to states as authorized by title xv of the social security act as poat p luo amended such amounts as may be required for payment to unemployed federal employees for the first quarter of the next succeeding fiscal year and the obligations and expenditures thereunder shall be charged to the appropriation therefor for that fiscal year the two immediately preceding paragraphs in this act under the head bureau of employment security shall be effective only upon enactment into law of h r 9709 eightythird congress post p n3o salaries and expenses mexican farm labor program for an additional amount for salaries and expenses mexican farm labor program $175000 department of health education and welfare food and drug administration salaries an d expenses certification and inspection services the paragraph under this head in the department of health education and welfare appropriation act 1955 is amended to read as ante p 438 follows: salaries and expenses certification and inspection services: for expenses necessary for the certification or inspection of certain products in accordance with sections 406 408 504 506 507 604 702a and 706 stsusgaf of the federal food drug and cosmetic act as amended (21 u s c 463 346 348 354 356 357 364 372a and 376) the aggregate of the ante p 511 advance deposits during the current fiscal year to cover payments of fees by applicants for certification or inspection of such products to remain available until expended the total amount herein appropriated shall be available for personal services; purchase of chemicals apparatus and scientific equipment; expenses of advisory committees; and the refund of advance deposits for which no service has been rendered white house conference on education salaries expenses and grants: for carrying out the act of july 261954 (public law 530) including services as authorized by section ante p 532 15 of the act of august 2 1946 (5 u s c 65a) $900000 of which $700000 shall be for grants to the states in accordance with section 2 of such act except that the commissioner of education may establish the amount to be allotted to each state without regard to the 810 public law 663aug 26 1954 68 stat limitation established by said section 2 but no state shall receive less than $5000: provided that none of the funds granted to any state may be used to compensate any person for their personal services: provided further that a conference director may be appointed by the secretary at a salary of not to exceed $12500 per annum  office or vocational rehabilitation  grants to states and other agencies for grants to states and other agencies in accordance with the 29usc34i vocational rehabilitation act as amended $4000000 of which $1500000 is for vocational rehabilitation services under section 2 of said act; $1500000 is for extension and improvement projects under section 3 of said act; and $1000000 is for special projects under section 4 of said act: promfie that the amounts appropriated for the office of vocational rehabilitation under the heads payments to states in the department of health education and welfare appropriation artie p 440 qi 1955 shall be available without regard to the limitations set forth therein for the purposes of section 2 of the vocational rehabilitation act as amended: provided further that not more than $2 of the funds made available for special projects under section 4 of said j act shall be expended for any project for each $1 that the grantee or the grantee and the state expends for the same purpose training and traineeships for training and traineeships $900000 of which $500000 shall be available for grants pursuant to section 4 of the vocational rehabilita 29 use 34 37 j amended and $400000 shall be for carrying out the training functions provided for in section 7 of said act: provided that not more than $2 of the funds herein appropriated granted pursuant to section 4 of said act shall be expended for each $1 that such grantee or the state and the grantee expends for the training of the same individuals salaries and expenses for an additional amount for salaries and expenses $200000 3;fr j4 ; public health service surveys an d pixannin g for hospital construction 4 2 ijs c2 91 for payments to states for surveys and planning activities pursuant 29in to title vi of the public health service act as amended $2000000 grants for hospital construction for an additional amount for grants for hospital construction to remain available until expended $21000000 to be available for ante p 462 payments under part g title vi of the act as amended as follows: for diagnostic or treatment centers $6500000; for hospitals for the chronically ill and impaired $6500000; for rehabilitation facilities $4000000; and for nursing homes $4000000: provided that allotments under such part g to the several states for the current fiscal year shall be made on the basis of amounts equal to the limitations specified herein salaries and expenses hospital construction services for an additional amount for salaries and expenses hospital construction services $250000 68 stat public law 663aug 26 1954 social security administration bureau of oldage and survivors insurance none of the funds available to the bureau of oldage and survivors insurance shall be used to pay any costs direct or indirect of moving any group of employees of the bureau from baltimore maryland to washington district of columbia for an additional amount for salaries and expenses $5000000 to be derived by transfer from the federal oldage and survivors insurance trust fund advances to states next succeeding fiscal year for making after may 31 of the current fiscal year advances to states under section 221 (e) of the social security act as amended p o for the first quarter of the next succeeding fiscal year such sums as may be necessary from the above authorization may be expended from the federal oldage and survivors insurance trust fund the two immediately preceding paragraphs under the head bureau of oldage and survivors insurance in this act shall be effective only upon enactment into law of h r 9366 or similar legislation of the p 2 eightythird congress construction bureau of oldage and survivors insurance for construction of an office building and appurtenant facilities for the bureau of oldage and survivors insurance including equipment acquisition of land (including donations thereof) and preparation of plans and specifications $20000000 to be derived from the federal oldage and survivors insurance trust fund and to remain available until expended salaries and expenses childrens bureau for an additional amount for salaries and expenses childrens bureau $75000 office of the secretary salaries and expenses office of the secretary for an additional amount for salaries and expenses office of the secretary $50000 of which $35000 shall be available only for administrative and operational studies national advisory committee on education for expenses necessary for the national advisory committee on education as authorized by the act of july 26 1954 (public law 532) $25000 ante p 533 civil defense activities for expenses necessary to enable the department of health education and welfare to carry out functions delegated to it pursuant to the federal civil defense act of 1950 as amended including expenses of fou s ca attendance at meetings concerned with the purposes of this appro 2251 note priation $1000000 public law 663aug 26 1954 68 stat ante pt 66 post p 897 42 stat 998 post p 913 ante p 315 ante p 734 chapter vi department of agriculture forest service salaries and expenses for an additional amount for salaries and expenses for national forest protection and management $250000 for an additional amount for salaries and expenses for forest research $505000 forest roads and trails for an additional amount for forest roads and trails $6500000 to remain available until expended soil conservation service watershed protection for an additional amount for watershed protection to remain available until expended $1750000 of which not to exceed $40000 shall be transferred to and made a part of the appropriation office of the solicitor 1955: promded that funds appropriated under this head shall be available for carrying out the purposes of the act of august 4 1954 (public law 566 eigntythird congress) foreign agricultural service for an additional amount for foreign agricultural service including not to exceed $15000 for representation allowances $1400000 which shall be derived from the salaries and expenses appropriation available to the department of state: provided that transfers shall be made under this authorization in lieu of any similar transfers which may be authorized under the agricultural act of 1954 (h r 9680 eightythird congress) : provided further that this paragraph shall be effective only upon the enactment into law of h r 9680 eightythird congress commodity exchange authority for an additional amount for commodity exchange authority $93000: provided that $39000 of this appropriation shall be effective only upon enactment of legislation which would add coffee under the definition of the word commodities as defined in section 2 (a) of the commodity exchange act as amended (7 u s c l17a) ; $34000 shall be effective only upon enactment into law of h r 6435 eightythird congress; and $20000 shall be effective only upon enactment into law of section 710 (a) of h r 9680 eightythird congress farmers home administration loan authorizations for loans under the act of august 281937 as amended $5000000: provided that not to exceed the foregoing amount shall be borrowed from the secretary of the treasury in the manner authorized under this head in the department of agriculture and farm credit administration appropriation act 1955: provided fwctfier that this authorization shall be effective only upon enactment into law of either h r 8386 or s 3137 eightythird congress 68 stat pubu c law 663aug 26 1954 office of the solicitor for an additional amount for office of the solicitor $45000: provided that $35000 shall be effective only upon enactment into law of either h k 8386 or s 3137 eightythird congress chapter vii department of the interior bureau of indian affairs health education and welfare services for an additional amount for health education and welfare services $1180000 resources management for an additional amount for resources management $100000 and this amount may be transferred to and merged with the appropriation for office of the solicitor in addition to any other amounts authorized to be so transferred: provided that hearing officers appointed for indian probate work need not be appointed pursuant to the administrative procedure act (60 stat 237) as amended construction for an additional amount for construction $6931000 to remain available until expended: provided that $3000000 of the foregoing amount shall be available to provide financial assistance to public school districts for the construction and equipment of public school facilities for navajo indian children from reservation areas not included in such districts; and $31000 shall be for the payment of the excess value of land water rights and irrigation structures to be received by the pyramid lake paiute tribe of indians of the pyramid lake indian reservation in exchange for tribal lands of said tribe located in the state of nevada: provided that title to the land to be acquired for said tribe described as southeast quarter of section 22 township 21 north range 24 east mount diablo base and meridian containing one hundred and sixty acres more or less and structures shall be taken in the name of the united states in trust for said tribe: provided further that the prohibition against the use of funds appropriated under this heading in the interior department appropriation act 1955 for the acquisition of land or water rights within the state of nevada either inside or outside the boundaries of existing reservations shall not apply to this transaction: provided further that the limitation under this heading in the interior department appropriation act 1955 on the amount available for personal services is increased by $1000000 relocation of the yankton sioux tribe for necessary expenses of relocating the yankton sioux tribe south dakota in accordance with section 8 of public law numbered 478 eightythird congress to remain available until expended $50000: provided that said amount shall be assessed against the costs of the fort randall dam and reservoir missouri river development ante p 734 5 us e 1001 note ante p 364 ante p 364 ante p 453 public law 663aug 26 1954 68 8t at ante p 365 ijiii tiso fr8 fy:hti ante p 361 ante p  362 at; ante p 372 ante p 497 bureau of reclamation oih: ; general investigations for an additional amount for general investigations $400000 to be derived from the reclamation fund construction and rehabilitation for an additional amount for construction and rehabilitation $7120000 to remain available until expended of which $2320000 shall be derived from the reclamation fund and the limitations under this heading in the interior department appropriation act 1955 on the amount available for personal services and travel are increased by $3500000 and $200000 respectively: provided that no part of this appropriation shall be used to initiate construction of the helena valley unit montana until a repayment contract has been executed: provided further that $250000 of the unobligated funds heretofore appropriated for the missouri eiver basin project shall be available for additional investigations on the garrison diversion unit the white river and for emergency rehabilitation of the willow creek dam in south dakota bureau of mines construction for an additional amount for construction $6000000 of which not more than $175000 shall be available for personal services to remain available until expended reduction i n appropriations the unexpended balance of $19000 available to the bureau of mines for construction of the drainage tunnel at leadville colorado is to be carried to the surplus fund and covered into the treasury as miscellaneous receipts immediately upon the approval of this act national park service construction for an additional amount for construction $5562101 to remain available until expended general provisions sec 702 limitations on amounts to be expended for personal services under appropriations in the interior department appropriation act 1955 (public law 465 eightythird congress) shall not apply to lumpsum leave payments pursuant to the act of december 21 1944 (5u s c 61bd) sec 703 the limitation for personal services under the heading construction bonneville power administration contained in the interior department appropriation act 1955 (public law 465 eightythird congress) is hereby increased from $6260000 to $6750000 sec 704 funds appropriated under the heading administration of territories in the interior department appropriation act 1955 (public law numbered 465 eightythird congress) shall be available to carry out the provisions of the revised organic act of the virgin islands (public law numbered 517 eightythird congress) 68 stat public law 663aug 26 1954 chapteeviii independent offices commission on intergovernmental relations salaries and expenses for an additional amount for salaries and expenses $414000: provided that said appropriation shall be available for the hire of passenger motor vehicles and shall remain available until march 1 1955: provided further that the limitation under this head in the second supplemental appropriation act 1954 on the amount available for expenses of travel is increased to $222000 commission on organization of the executive branch or the government salaries and expenses for an additional amount for salaries and expenses $653150 to remain available until expended: provided that the limitation on the amount available for expenses of travel is increased by $137700 foreign claims settlement commission of the united states administrative expenses (korean claims) for expenses necessary to enable the foreign claims settlement commission to carry out the provisions of the amendments of 1954 to the war claims act of 1948 as amended (50 u s c app 2004) including services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) and expenses of attendance at meetings concerned with the purposes of this appropriation the commission is authorized to use not to exceed $100000 of funds made available for administrative expenses of the war claims commission: provided that this paragraph shall be effective only upon the enactment into law of h r 9390 eightythird congress general services administration additional court facilities for expenses necessary for alteration of federal buildings to provide facilities for additional federal judges as authorized by the act of february 10 1954 (68 stat 8) and additional court personnel and for expansion of existing court facilities including costs of moving agencies thereby displaced from space in federal buildings $2970600 to remain available until june 301956 plans and specifications leasepurchase contracts the unobligated balances of the funds made available by section 1 (a) of the act of june 14 1946 (60 stat 257) the second supplemental appropriation act 1950 and the general appropriation act 1951 for the acquisition of sites and the preparation of drawings and specifications for federal public building projects outside the district of columbia as authorized by title i of the act of june 16 1949 ante p 25 iao: 60 stat 810 ante p 759 63 stat 973; 64 stat 704 public law 663aug 26 1954 68 st at ante p 518 67 stat 427 ante p 281 post p 1126 63 stat 403; 64 stat 583 44 use 395 396 60 stat 810 report to c o ti gress (63 stat 176) as amended and by the act of may 251926 (44 stat 630) as amended shall be available also for expenses of preparation of drawings and specifications by contract or otherwise and administrative expenses for carrying out the purposes of the public buildings purchase contract act of 1954 (public law 519 eightythird congress) approved july 221954 hospital facilities in the district of columbia the appropriation item under the heading general services administration hospital facilities in the district of columbia contained in the act approved july 15 1952 (66 stat 637) as amended is hereby amended by inserting after the word asylum at the end of the first proviso as amended and before the colon the phrase and georgetown university hospital operating expenses federal supply service for an additional amount fiscal year 1955 for operating expenses federal supply service $60000; and the limitation under this head in the independent offices appropriation act 1955 on the amount available for travel expenses is hereby increased from $40600 to $46600: provided that this paragraph shall take effect only upon the enactment into law of s 3155 or h r 8753 eightythird congress expenses general supply fund leased warehouse space temporarily in excess of operating requirements may be subleased to commercial organizations and the proceeds credited to the fund from which rental payments are made during fiscal year 1955 survey of government records records management and disposal practices for necessary expenses including not to exceed $25000 for administrative expenses in connection with conducting surveys of government records and records creation maintenance management and disposal practices in federal agencies pursuant to sections 505 and 506 of the federal property and administrative services act of 1949 as amended $300000: provided that notwithstanding any other provision of said actj the administrator shall have final authority in all matters involving the conduct of surveys and the implementation of recommendations based on such surveys: provided furtjier that the general services administration is authorized to procure services in accordance with section 15 of the act of august 2 1946 (5 u s c 55a) : provided further that a detailed quarterly report on the progress of each survey conducted hereunder shall be made to the appropriations committees of the congress strategic and critical materials for an additional amount for strategic and critical materials $380000000 to remain available until expended: provided that no part of the foregoing amount shall be used for construction of warehouses or tank storage facilities 68 stat public law 663aug 26 1954 housing and home finance agency office or the administrator salaries and expenses for an additional amount for salaries and expenses $1100000; and the limitation under this head in the independent offices appropriation act 1955 on the amount available for expenses of travel is increased from $169325 to $260825: provided that the authority contained under this head in the third supplemental appropriation act 1954 (public law 357) for transfer of funds to this appropriation is continued through december 31 1954 but additional amounts transferred pursuant to this extension shall not exceed $250000 including not to exceed $25000 for expenses of travel reimbursement to federal bureau of investigation for reimbursing the federal bureau of investigation for expenses incident to investigation of matters in connection with programs authorized by the national housing act as amended (12 u s c 1701) $500000 reserve o r planned public works for advances to public agencies and for surveys to carry out the purposes of section 702 of the housing act of 1954 $1500000 public facility loans public facility loans payment to revolving fund: for payment to the revolving fund pursuant to section 108 of the eeconstruction finance corporation liquidation act as amended (40 u s c 459) $2000000: provided that the provisions of the first proviso under the head office of the administrator salaries and expenses in the independent offices appropriation act 1955 (public law 428) with respect to expenses of inspections and of providing representatives at project sites shall apply to projects or faculties financed by loans from the revolving fund hereby established and the limitation on such nonadministrative expenses m said proviso is increased from $500000 to $525000 urban planning grants for grants to state regional and metropolitan area planning bodies in accordance with the provisions of section 701 of the housing act of 1954 $1000000 public housing administration administrative expenses for an additional amount for administrative expenses $400000 corporations federal national mortgage association: the limitation on the amount available for administrative expenses under this head in title ii of the independent offices appropriation act 1955 (public law 428) shall be exclusive of expenses (including expenses for fiscal ante p 283 ante p 90 48 stat i246  p alifei643 ante p 283 ante p 640  p2 30777 o55pt 1 54 public law 663aug 26 1954 68 st at ante p 612 67 stat 231 ante p 643 64 stat 873 12 use 1811 ante p 297 ante p 297 64 stat 149 ante p 92 iirif e flfin 61 stat 584 31 use 849 60 stat 810 63 stat 959 5 use 1105 agency services performed on a contract or fee basis) in connection with the issuance and servicing of obligations as authorized by title ii of the housing act of 1954 office of the administrator public facility loans: not to exceed $75000 of funds in the revolving fund established pursuant to section 108 of the reconstruction finance corporation liquidation act as amended (40 u s c 459) shall be available for administrative expenses but this amount shall be exclusive of payment for services and facilities of the federal reserve banks or any member thereof the federal homeloan banks and any insured bank within the meaning of the act creating the federal deposit insurance corporation (act of august 231935 as amended 12 u s c 264) which has been designated by the secretary of the treasury as a depository of public money of the united states federal housing administration: the amount made available under this head in title ii of the independent offices appropriation act 1955 (public law 428) for administrative expenses is increased from $5150000 to $5500000 and the limitation on the amount available for expenses of travel is increased from $175000 to $250000: provided that the limitation under said head on the amount available for certain nonadministrative expenses of said administration is increased from $25000000 to $26250000 public housing administration: the amount made available under this head in title ii of the independent offices appropriation act 1955 (public law 428) for administrative expenses of the public housing administration in carrying out duties imposed by law is increased from $6950000 to $7350000; and the limitation under said head on the amount available for expenses of travel is increased from $500000 to $540000 national science foundation international geophysical year for necessary expenses to carry out the purposes of the national science foundation act of 1950 as amended (42 u s c 18611875) as they pertain to the united states program for the international geophysical year $2000000 to remain available until expended saint lawrence seaway development corporation the saint lawrence seaway development corporation is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to it and in accord with law including not to exceed $250000 for administrative expenses and to make such contracts and commitments without regard to fiscal year limitations as provided in section 104 of the government corporation control act as amended as may be necessary in carrying out its authorized functions for the fiscal year 1955: provided that said funds shall be available for the acquisition of not to exceed two passenger motor vehicles from excesses reported by other agencies or from forfeitures; for services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) at rates for individuals not to exceed $100 per day; and the administrator is authorized subject to the procedures prescribed by section 505 of the classification act of 1949 to place not more than four positions in grades 1617 or 18 of the general schedule established by said act and such positions shall be in addition to the number authorized by said section 68 stat  public law 663aug 26 1954 small business administration salaries and expenses for an additional amount for salaries and expenses $200000: provided that not to exceed $2500 of the funds made available for administrative expenses in this act under the head saint lawrence seaway development corporation may be used for emergencies and extraordinary expenses to be expended upon the approval or authority of the administrator veterans administration inpatient care for an additional amount for inpatient carej $3000000: provided that this amount is predicated on furnishing inpatient care and treatment to an average of 570 beneficiaries during the fiscal year 1955 in addition to those heretofore provided for war claims commission administrative expenses for an additional amount for administrative expenses $400000 to be derived from the war claims fund created by section 13 (a) of the war claims act of 1948 (public law 896 approved july 3 1948): provided that the limitation under this head in the independent offices appropriation act 1955 on the amount available for expenses of travel is increased to $8000 chapter ix military construction department of defense interservice activities access roads for advances to the bureau of public roads department of commerce for the purposes of section 6 of the defense highway act of 1941 (55 stat 765) as amended and section 12 of the federalaid highway act of 1950 (64 stat 785) as amended when projects authorized therein are certified as important to the national defense by the secretary of defense $13500000 to remain available until expended family housing for family housing authorized by the enactment into law of h r 9924 eightythird congress not to exceed $75000000 to be made available to the respective military departments in such amounts as may be determined by the secretary of defense to remain available until expended: provided that funds appropriated under this heading shall not be used for family housing unless the secretary of defense certifies that (1) it is impracticable to construct family housing under the provisions of title viii of the national housing act and (2) that adequate housing at reasonable rental rates is not available in the 62 stat 1247 50 u s c app 2012 ante p 293 55 stat 766 23 use 106 and note post p 1119 12 use 174 8 1748h 820 public law 663aug 26 1954 68 stat immediate vicinity of the military installation and (3) it is impracticable to acquire suitable housing under other existing provisions of law: provided further that the provisions of section 708 of public law 458 approved june 30 1954 (68 stat 350) shall not apply to two hundred and fifty units of family housing provided for by this act but the individual cost of such units shall in no event exceed $20000 air force acad per unit: pvovided further that the construction authorized by the ante p 4733 use 733 act of april 1 1954 (public law 325 eightythird congress) may be accomplished prior to approval of title to underlying land as provided by section 355 as amended of the revised statutes department of the army alaska communication system construction i itt 934 antev 56o for construction installation and equipment of temporary or permanent public works including buildings facilities appurtenances and utilities at stations of the alaska communication system as authorized by the act of june 12 1948 (public law 626) the act of octobcr 27 1949 (public law 414) and the act of july 27 1954 use wg; 267  (public law 534 eightythird congress) without regard to sections 1136 and 3734 revised statutes as amended including hire of passenger motor vehicles $503000 to remain available until expended army national guard the secretary of the army may transfer not to exceed $1500000 to the appropriation army national guard 1955 for additional state national guard civilian employees from any appropriation available to the department of the army when such transfers are determined by the secretary of the army to be in the national interest department of the navy public works navy for construction installation and equipment of temporary or permanent public works naval installations and facilities for the navy as authorized by the act of june 16 1948 (62 stat 459) the act of 65 stat 343 september 28 1951 (public law 155 eightysecond congress) the 66 stat 609 act of july 14 1952 (public law 534 eightysecond congress) and ante p 539 the act of july 27 1954 (public law 534 eightythird congress) ; including not to exceed $3750000 for advance planning as authorized 65 stat 363 y gectiou 504 of said act of september 28 1951; furniture for public quarters; personnel in the bureau of yards and docks and other personal services necessary for the purposes of this appropriation; and engineering and architectural services as authorized by section 3 53 stat 591 of the act of april 25 1939 (34 u s c 556); $98000000 to remain available until expended  department of the air force acquisition and construction of real property for acquisition construction installation and equipment of temporary or permanent public works military installations and facilities for the air force as authorized by the act of january 6 1951 (public 64 stat 1222 l 99 eiglityfirst congress) the act of september 28 1951 65 stat 350 (public law 155 eightysecond congress) the act of july 14 1952 68 stat  public law 663aug 26 1954 (public law 534 eightysecond congress) the act of august 7 1953 (public law 209 eightythird congress) the act of april 1 1954 (public law 325 eightythird congress) and the act of july 27 1954 (public law 534 eightythird congress) without regard to sections 1136 and 3734 revised statutes as amended including hire of passenger motor vehicles; $630000000 to remain available until expended general provisions sec 902 funds appropriated to the military departments for military public works in prior years are hereby made available for military public works authorized for each feuch department by the act of july 27 1954 (public law 534 eightythird congress) : provided that not to exceed $5000000 of such prior year funds appropriated to the department of the army shall be available for the purposes of advance planning as authorized by section 504 of the act of september 28 1951 (public law 155 eightysecond congress) sec 903 none of the funds appropriated in this act shall be expended for payments under a costplusafixedfee contract for work where cost estimates exceed $25000 to be performed within the continental united states without the specific approval in writing of the secretary of defense setting forth the reasons therefor sec 904 none of the funds appropriated in this act shall be expended for additional costs involved in expediting construction: provided that the secretary of defense or his designee for the purpose shall establish a reasonable completion date for each project taking into consideration the type and location of the project the climatic and seasonal conditions affecting the construction and the application of economical construction practices sec 905 none of the funds appropriated in this act shall be used for the construction replacement or reactivation of any bakery laundry or drycleaning facility in the united states its territories or possessions as to which the secretary of defense does not certify in writing giving his reasons therefor that the services to be furnished by such facilities are not obtainable from commercial sources at reasonable rates sec 906 (a) the department of defense is authorized to acquire by purchase or by lease or otherwise for a period not to exceed seven years not to exceed six vessels capable of transporting loading and unloading railroad rolling stock on rails by the rollon rolloff method as well as wheeled and tracked military equipment to be loaded and discharged under their own power (b) funds are hereby authorized to be appropriated for the purpose of carrying out the provisions of this section sec 907 the secretary of the army is authorized to receive the sum of $500000 in partial consideration for the conveyance by the secretary of health education and welfare for educational purposes pursuant to the provisions of the federal property and administrative services act of 1949 to the los angeles city high school district of los angeles county california of all right title and interest of the united states to that portion of the birmingham general hospital tract now occupied by troops (consisting of 400 acres of land more or less and improvements thereon) located at van nuys california provided such sum is received by the secretary of the army on or before 1 july 1956 upon receipt by the secretary of the army such sum shall be credited to the appropriation military construction army and shall be available for (1) the construction and other costs involved in moving to a suitable governmentowned site not more than eight buildings to be selected by the secretary of the army 66 stat 613 67 stat 444 ante p 47 ante p 543 10 use 1339; 40 us e 259 267 funds available ante p 535 65 stat 364 31 use 723 eostplusaf ixe d f e e c o n tracts eo nstruction completion bakery laundry etc facilities acquisition of vessels appropriation birmingham general hospital van nuys ealif eonveyance 63 stat 377 40 use 471 note 822 public law 663aug 26 1954 68 stat  oc cupancy by troops muskogee okla yaquina bay harbor greg to be excluded from the conveyance by the secretary of health education and welfare and (2) the construction of additional supporting facilities at such site as may be required for authorized defense construction at a total cost of not to exceed $500000 in addition to other terms conditions and restrictions contained in the deed whereby the birmingham general hospital is conveyed to such school district the school district shall agree as a part of the consideration for the conveyance to permit any buildings required by the secretary of the army to remain in place for continued occupancy by troops for a period of not to exceed nine months after the date of conveyance of said property to the school district chaptek x department of defense department of the army rivers and harbors and flood control construction general for an additional amount for construction general $5985000 to remain available until expended of which $600000 shall be available for advanced engineering and design idy the corps of engineers for projects which have been authorized for development with participation by state local government or private groups and for authorized projects which are under consideration for participation by such agencies for contribution to the city of muskogee toward the construction of a water supply pipeline from the existing city water supply intake on the grand river near its junction with the arkansas river to fort gibson dam in settlement for all damages to the water supply of the city of muskogee on account of the construction and operation of fort gibson reservoir $200000 out of funds previously appropriated operation and maintenance general not to exceed $600000 of funds previously appropriated under this head shall be available until expended for repairs to the north jetty at yaquina bay harbor oregon ev flood control mississippi river and tributaries for an additional amount for flood control mississippi river and tributaries $1000000 to remain available until expended to be derived by transfer from operation and maintenance general chapter xi emergency programs and activities department of state government in occupied areas for expenses not otherwise provided for necessary to meet the responsibilities and obligations of the united states in germany and austria (including those arising under the supreme authority assumed stat  public law 663aug 26 1954 by the united states on june 5 1945 and under contractual arrangements with the federal eepublic of germany) under such regulations as the secretary of state may prescribe including one deputy to the united states chief of mission in germany at a salary of $17500 and the united states member of the board for the validation of german bonds in the united states at a salary of $14800; actual expenses of preparing and transporting to their former homes the remains of persons who may die away from their homes while participating in activities authorized under this appropriation; services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) at rates not in excess of $50 per diem for individuals; payment of tort claims in the manner authorized in the first paragraph of section 2672 as amended of title 28 of the united states code when such claims arise in foreign countries; expenses for translation and reproduction rights; acquisition maintenance operation and distribution of rehabilitation materials and equipment for germany and austria; medical and health assistance for the civilian population of germany and austria; expenses incident to maintaining discipline and order (including trial and punishment by courts established by or under authority of the president) ; printing and binding outside continental united states without regard to section 11 of the act of march 1 1919 (44 u s c ill) ; purchase rental operation and maintenance of printing and binding machines equipment and devices abroad; purchase (one at not to exceed $3000 for replacement only) and hire of passenger motor vehicles; transportation to germany or austria of property donated for the purposes of this appropriation; unforeseen contingencies (not to exceed $150000) to be accounted for pursuant to the provisions of section 291 of the kevised statutes (31 u s c 107) ; representation allowances (not to exceed $42500) similar to those authorized by section 901 (3) of the foreign service act of 1946 (22 u s c 1131); and for administering in germany and austria programs authorized by section 32 (b) (2) of the surplus property act of 1944 as amended (50 u s c app 1641 (b)); $14000000 and in addition $1000000 for acquisition of sites and purchase or construction of buildings for living quarters in austria to remain available until expended: provided that provisions of law including current appropriation acts applicable to the department of state shall be available for application to expenditures made from this appropriation: provided further that when section 601 of the economy act of 1932 as amended (31 u sc 686) is employed to carry out the purposes of this appropriation the requisitioned agency may utilize the authority contained in this appropriation: provided further that expenditures from this appropriation may be made outside the continental united states when necessary to carry out its purposes without regard to sections 355 and 3648 revised statutes as amended: provided further that for the purposes of this appropriation appointments may be made to the foreign service reserve without regard to the fouryear limitation contained in section 522 of the foreign service act of 1946: provided further that in the event the president assigns to the department of state responsibilities and obligations of the united states in connection with the government occupation or control of foreign areas in addition to germany and austria the authorities contained in this appropriation may be utilized by the department of state in connection with such government occupation or control of such foreign areas: provided further that when the department of the army under the authority of the act of march 31911 as amended (10 u s c 1253) furnishes subsistence supplies to personnel of civilian agencies of the united states government serving in germany 60 stat 810 62 stat 983 40 stat 1270; 63 stat 405 60 stat 1026 60 stat 754 47 stat 417 33 use 733; 31 us e 529 60 stat 1009 22 use 922 eontrol in for eign areas subsistence sup plies 36 stat 1047 public law 663aug 26 1954 68 s t at living quarters in austria report to legis lative committees 67 stat 400 souscapp 1971 note 60 stat 810 40 stat 1270 ante p 681 ryukyu islands and austria pajment therefor by such personnel shall be made at the same rate as is paid by civilian personnel of the department of the army serving in germany and austria respectively: provided further that amounts for acquisition of sites and purchase or construction of buildings for living quarters in austria shall be used exclusively for purchase of foreign credits (including currencies) owed to or owned by the united states and may be transferred to the appropriation acquisition of buildings abroad funds appropriated to the president  emergency fund for international affairs for expenses necessary to enable the president to take such measures as he deems appropriate to meet extraordinary or unusual circumstances arising in the international affairs of the government $5000000 to remain available until expended for use in the presidents discretion and without regard to such provisions of law as he may specify: provided that the president shall transmit to the committees on appropriations of the senate and of the house of representatives not less often than quarterly a full report of expenditures under this appropriation refugee relief for expenses necessary to enable the president by transfer to such officer or agency of the government as may be appropriate to carry out the provisions of the refugee relief act of 1953 (public law 203 approved august 7 1953) including services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) at rates not in excess of $50 per diem for individuals; printing and binding outside the continental united states without regard to section 11 of the act of march 1 1919 (44 u s c ill) ; hire of passenger motor vehicles; expenses of attendance at meetings concerned with the purpose of this appropriation; not to exceed $150000 for expenses of a confidential nature to be accounted for solely on the certificate of the officer to whom funds are transferred by the president from this appropriation; and not to exceed $600000 for capital for the making of loans; $8000000: provided that funds appropriated herein shall be available in accordance with authority granted hereunder or under authority governing the activities of the government agencies to which such funds are allocated construction of tankers for construction of tankers as authorized by the act of august 10 1954 public law 575 $30000000 to remain available until expended: provided that this appropriation may be transferred to such appropriation as the president may designate department or the armyciml functions government and relief in occupied areas for expenses not otherwise provided for necessary to meet the responsibilities and obligations of the united states in connection with the government or occupation of the ryukyu islands including subject to such authorizations and limitations as may be prescribed by the head of the department or agency concerned tuition travel expenses and fees incident to instruction in the united states or elsewhere of 68 stat public law 663aug 26 1954 825 such persons as may be required to carry out the provisions of this appropriation; travel expenses and transportation; services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) at o stat sio rates not in excess of $50 per diem for individuals not to exceed ten in number; translation rights photographic work education exhibits and dissemination of information including preview and review expenses incident thereto; hire of passenger motor vehicles and aircraft; repair and maintenance of buildings utilities facilities and appurtenances; and such supplies commodities and equipment as may be essential to carry out the purposes of this appropriation; $3100000 of which not to exceed $1000000 shall be available for administrative expenses: provided that the general provisions of the appropriation act for the current fiscal year for the military functions of the department of the army shall apply to expenditures made by that department from this approj)riation: provided further that expenditures from this appropriation may be made outside continental united states when necessary to carry out its purposes without regard to sections 355 1136 3648 and 3734 kevised statutes notevjuscfists as amended civil service or classification laws or provisions of law 3i us e 529j 46 prohibiting payment of any person not a citizen of the united states: provided further that expenditures from this appropriation may be made when necessary to carry out its purposes without regard to section 3709 kevised statutes as amended and the armed services 1 u  procurement act of 1947 (41 u s c 151161) : provided further that expenditures may be made hereunder for the purposes of economic rehabilitation in the ryukyu islands in such manner as to be consistent with the general objectives of the economic cooperation act of 1948 22usi5oi as amended and in the manner authorized by section 111 (b) (1) and note; 1509 the first sentence of section 111 (c) (1) thereof: provided further that funds appropriated hereunder and unexpended at the time of the termination of occupation by the united states of any area for which such funds are made available may be expended by the president for the procurement of such commodities and technical services and commodities procured from funds herein or heretofore appropriated for government and relief in occupied areas and not delivered to such an area prior to the time of the termination of occupation may be utilized by the president as may be necessary to assist in the maintenance of the political and economic stability of such areas: provided further that before any such assistance is agreement made available an agreement shall be entered into between the united states and the recognized government or authority with respect to such area containing such undertakings by such government or authority as the president may determine to be necessary in order to assure the efficient use of such assistance in furtherance of such purposes: provided further that such agreement shall when applicable include requirements and undertakings corresponding to the requirements and undertakings specified in sections 5 6 and 7 of the foreign aid act of 1947 (public law 389 approved december 17 1947) provided avuscfuii further that funds appropriated hereunder may be used insofar as note practicable and under such rules and regulations as may be prescribed tationthmsfo by the head of the department or agency concerned to pay ocean eiief packages transportation charges from united states ports including territorial ports to ports in the ryukyus for the movement of supplies donated to or purchased by united states voluntary nonprofit relief agencies registered with and recommended by the advisory committee on voluntary foreign aid or of relief packages consigned to individuals residing in such areas: provided further that under the rules and regulations to be prescribed the head of the department or agency public law 663aug 26 1954 68 st at transf of func 64 stat 1245 60 stat 810 64 stat 1248 5 0 u s c app 2281 64 stat 1248 5 0 u s c app 2281 60 stat 810 ante p 746 concerned shall fix and pay a uniform rate per pound for the ocean transportation of all relief packages of food or other general classification of commodities shipped to the ryukyus regardless of methods of shipment and higher rates charged by particular agencies of transportation but this proviso shall not apply to shipments made by individuals to individuals: provided further that the president may transfer to any other department or agency any function or functions provided for under this appropriation and there shall be transferred to any such department or agency without reimbursement and without regard to the appropriation from which procured such property as the director of the bureau of the budget shall determine to relate primarily to any function or functions so transferred federal civil defense administration ; operations for necessary expenses not otherwise provided for in carrying out the provisions of the federal civil defense act of 1950 as amended (50 u s c app 22512297) including services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) ; reimbursement of the civil service commission for full field investigations of employees occupying positions of critical importance from the standpoint of national security; expenses of attendance at meetings concerned with civil defense functions; reimbursement of the general services administration for security guard services; not to exceed $9000 for the purchase of newspapers periodicals and teletype news services; and not to exceed $6000 for emergency and extraordinary expenses to be expended under the direction of the administrator for such purposes as he deems proper and his determination thereon shall be final and conclusive; $10025000 federal contributions for financial contributions to the states not otherwise provided for pursuant to subsection (i) of section 201 of the federal civil defense act of 1950 as amended to be equally matched with state funds $12000000 to remain available until june 30 1956: provided that not to exceed $1300000 of the unobligated balance of the 1954 appropriation for this purpose shall remain available until june 30 1955 emergency supplies and equipment for procurement of reserve stocks of emergency civil defense materials as authorized by subsection (h) of section 201 of the federal civil defense act of 1950 as amended $26000000 jamestownwilliamsburgyorktown celebration commission for expenses necessary to carry out the provisions of the act of august 13 1953 (67 stat 576) including services as authorized by section 15 of the act of august 2 1946 (5 u s c 55a) at rates not to exceed $50 per diem for individuals; transportation and not to exceed $20 per diem in lieu of subsistence for members of the commission serving without compensation; purchase of not to exceed two passenger motor vehicles; and entertainment; $100000 alexander hamilton bicentennial commission for necessary expenses to carry out the provisions of senate joint resolution numbered 140 $10000: provided that this paragraph 68 stat public law 663aug 26 1954 shall become effective only upon the enactment of senate joint resolution 140 of the eightythird congress general services administration administrative expenses abaca fiber program the general services administration is hereby authorized to make such expenditures within the limits of funds available to it and in accord with law and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the government corporation control act as amended as may be necessary in carrying out the program set forth in the budget submitted to the congress for the activities authorized by the abaca production act of 1950 for the fiscal year 1955 but not to exceed $135000 of such funds shall be available during said fiscal year for administrative expenses of the abaca fiber program to be computed on an accrual basis and to be exclusive of the interest paid depreciation capitalized expenditures expenses in connection with the acquisition protection operation maintenance improvement or disposition of real or personal property relating to the abaca fiber program and expenses of services performed on a contract or fee basis in connection with the performance of legal services treasury department federal facilities corporation the federal facilities corporation is hereby authorized to make such expenditures within the limits of funds available to it and in accord with law and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the government corporation control act as amended as may be necessary in carrying out the programs set forth in the budget submitted to the congress for such corporation for the fiscal year 1955 but not to exceed $1954000 shall be available during the said fiscal year for all administrative expenses of the corporation (including use of the services and facilities of federal reserve banks) to be computed on an accrual basis and to be exclusive of interest paid depreciation capitalized expenditures expenses in connection with the acquisition protection operation maintenance improvement or disposition oi real or personal property belonging to the corporation or in which it has an interest expenses of services performed on a contract or fee basis in connection with the performance of legal services and all administrative expenses reimbursable from other government agencies : provided that so long as the corporation shall have succession all real property transferred to or acquired by it shall continue to be subject to taxes (including assessments for local improvements) to the same extent as authorized by law immediately prior to such transfer and any government officer agency or instrumentality to whom any such property is so transferred is authorized and directed to pay such taxes and assessments but said corporation its income and property shall not otherwise be subject to any federal state or local taxes chapter xii claims for damages audited claims and judgments for payment of claims for damages as settled and determined by departments and agencies in accord with law audited claims cer j use ifl  fuscmfnote  h fg ;   t taxes public law 663aug 26 1954 68 st at passenger vehicles 60 stat 810 citizenship quirements affidavit penalty payment recoverable exception travel expenses tified to be due by the general accounting office and judgments rendered against the united states by united states district courts and the united states court of claims as set forth in senate documents numbered 144 and 146 and house document numbered 461 eighty third congress $11472202 together with such amounts as may be necessary to pay interest (as and when specified in such judgments or in certain of the settlements of the general accounting office or provided by law) and such additional sums due to increases in rates of exchange as may be necessary to pay claims in foreign currency: provided that no judgment herein appropriated for shall be paid until it shall have become final and conclusive against the united states by failure of the parties to appeal or otherwise: provided further that unless otherwise specifically required by law or by the judgment payment of interest wherever appropriated for herein shall not continue for more than thirty days after the date of approval of this act chapter xiii general provisions departments agencies and corporations sec 1301 unless otherwise specifically provided the maximum amount allowable during the current fiscal year in accordance with section 16 of the act of august 2 1946 (5 u s c 78) for the purchase of any passenger motor vehicle (exclusive of buses ambulances and station wagons) is hereby fixed at $1400 notwithstanding any limitation on cost of passenger motor vehicles carried in the 1955 appropriation acts not more than $3000 may be expended during the current fiscal year for any such vehicle sec 1302 unless otherwise specified and during the current fiscal year no part of any appropriation contained in this or any other act shall be used to pay the compensation of any officer or employee of the government of the united states (including any agency the majority of the stock of which is owned by the government of the united states) whose post of duty is in continental united states unless such person (1) is a citizen of the united states (2) is a person in the service of the united states on the date of enactment of this act who being eligible for citizenship had filed a declaration of intention to become a citizen of the united states prior to such date (3) is a person who owes allegiance to the united states or (4) is an alien from the baltic countries lawfully admitted to the united states for permanent residence: provided that for the purpose of this section an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have been complied with: provided further that any person making a false affidavit shall be guilty of a felony and upon conviction shall be fined not more than $4000 or imprisoned for not more than one year or both: provided further that the above penal clause shall be in addition to and not in substitution for any other provisions of existing law: provided further that any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the federal government this section shall not apply to citizens of the republic of the philippines or to nationals of those countries allied with the united states in the current defense effort sec 1303 appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel or for the expenses of the activity concerned are hereby made available for living quarters allowances in accordance 68 stat  public law 663aug 26 1954 with the act of june 26 1930 (5 u s c 118a) and regulations prescribed thereunder and costofliving allowances similar to those allowed under section 901 (2) of the foreign service act of 1946 in accordance with and to the extent prescribed by regulations of the president for all civilian officers and employees of the government permanently stationed in foreign countries: promded that the availability of appropriations made to the department of state for carrying out the provisions of the foreign service act of 1946 shall not be affected hereby sec 1304 no part of any appropriation for the current fiscal year contained in this or any other act shall be paid to any person for the filling of any position for which he or she has been nominated after the senate has voted not to approve the nomination of said person sec 1305 no part of any appropriation contained in this or any other act for the current fiscal year shall be used to pay in excess of $4 per volume for the current and future volumes of the united states code annotated and such volumes shall be purchased on condition and with the understanding that latest published cumulative annual pocket parts issued prior to the date of purchase shall be furnished free of charge or in excess of $425 per volume for the current or future volumes of the lifetime federal digest sec 1306 funds made available by this or any other act for administrative expenses in the current fiscal year of the corporations and agencies subject to the government corporation control act as amended (31 u s c 841) shall be available in addition to objects for which such funds are otherwise available for rent in the district of columbia; services in accordance with section 15 of the act of august 2 1946 (5 u s c 55a) ; and the objects specified under this head all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the act by which they are made available: provided that in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds the limitations on administrative expenses shall be correspondingly reduced sec 1307 no part of any funds of or available to any whollyowned government corporation shall be used for the purchase or construction or in making loans for the purchase or construction of any office build ing without specific authority in law therefor primarily for occupancy by any department or agency of the united states government or by any corporation owned by the united states government sec 1308 during the current fiscal year personnel and appropriations or funds available for salaries and expenses to any department agency or corporation in the executive branch of the government shall be transferred to any defense activity under the jurisdiction of such department or agency in such numbers or amounts as may be necessary for the discharge of responsibilities relating to the national defense assigned to such department agency or corporation by or pursuant to law sec 1309 during the current fiscal year the provisions of bureau of the budget circular a45 dated june 3 1952 shall be controlling over the activities of all departments agencies and corporations of the government: provided that said circular may be amended or changed during such year by the director of the budget with the approval of the chairman of the committee on appropriations of the house of representatives: provided further that the bureau of the budget shall make a report to congress not later than january 311955 of the operations of this order upon all departments agencies and corporations of the government: provided further that notwithstanding the provisions of any other law no officer or employee shall be required 46 stat 818 60 stat 1026 22 use 1131 22 use 801 note senate disapproval of personnel u s code annotated; lif et i m e federal digest administr a t i v e expenses 59 stat 597 60 stat 810 office building transfer of personnel or funds budget circular a45 report to congress public law 663aug 26 1954 68 st at foreign credits 31 use 724 60 stat 754 documentary evid e n c e of obligation report to con gress to occupy any governmentowned quarters unless the head of the agency concerned shall determine that necessary service cannot be rendered or property of the united states cannot be adequately protected otherwise sec 1310 pursuant to section 1415 of the act of july 15 1952 (66 stat 662) foreign credits (including currencies) owed to or owned by the united states may be used by federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of acts requiring or authorizing the use of such credits) and for liquidation of obligations legally incurred against such credits prior to july 1 1953 only when reimbursement therefor is made to the treasury from applicable appropriations of the agency concerned: provided that such credits received as exchange allowances or proceeds of sales of personal property may be used in whole or part payment for acquisition of similar items to the extent and in the manner authorized by law without reimbursement to the treasury: provided further that nothing in section 1415 of the act of july 15 1952 or in this section shall be construed to prevent the making of new or the carrying out of existing contracts agreements or executive agreements for periods in excess of one year in any case where such contracts agreements or executive agreements for periods in excess of one year were permitted prior to the enactment of this act under section 32 (b) (2) of the surplus property act of 1944 as amended (50 u s c app 1641 (b) (2)) and the performance of all such contracts agreements or executive agreements shall be subject to the availability of appropriations for the purchase of credits as provided by law sec 1311 (a) after the date of enactment hereof no amount shall be recorded as an obligation of the government of the united states unless it is supported by documentary evidence of (1) a binding agreement in writing between the parties thereto including government agencies in a manner and form and for a purpose authorized by law executed before the expiration of the period of availability for obligation of the appropriation or fund ; concerned for specific goods to be delivered real property to be purchased or leased or work or services to be performed; or (2) a valid loan agreement showing the amount of the loan to be made and the terms of repayment thereof; or (3) an order required by law to be placed with a government agency; or (4) an order issued pursuant to a law authorizing purchases without advertising when necessitated by public exigency or for perishable subsistence supplies or within specific monetary limitations; or (5) a grant or subsidy payable (i) from appropriations made for payment of or contributions toward sums required to be paid in specific amounts fixed by law or in accord with formulae prescribed by law or (ii) pursuant to agreement authorized by or plans approved in accord with and authorized by law; or (6) a liability which may result from pending litigation brought under authority of law; or (7) employment or services of persons or expenses of travel in accord with law and services performed by public utilities; or (8) any other legal liability of the united states against an appropriation or fund legally available therefor (b) not later than september 30 of each year the head of each federal agency shall report as to each appropriation or fund under the control of such agency the amount thereof remaining obligated but unexpended and the amount thereof remaining unobligated on 68 stat  pubuc law 663aug 26 1954 june 30 of such year and copies of such report shall be forwarded by him to the chairman of the committees on appropriations of the senate and the house of kepresentatives to the comptroller general of the united states and to the director of the bureau of the budget: provided that such report for the fiscal year ending june 30 1954 shall be made not later than december 311954 and shall include only such obligations as could have been recorded under the provisions of subsection (a) hereof (c) each report made pursuant to subsection (b) shall be supported by certifications of the officials designated by the head of the agency and such certifications shall be supported by records evidencing the amounts which are reported therein as having been obligated such certifications and records shall be retained in the agency in such form as to facilitate audit and reconciliation for such period as may be necessary for such purposes the officials designated by the head of the agency to make certifications may not redelegate the responsibility (d) no appropriation or fund which is limited for obligation purposes to a definite period of time shall be available for expenditure after the expiration of such period except for liquidation of amounts obligated in accord with subsection (a) hereof; but no such appropriation or fund shall remain available for expenditure for any period beyond that otherwise authorized by law (e) any statement of obligation of funds furnished by any agency of the government to the congress or any committee thereof shall include only such amounts as may be valid obligations as defined in subsection (a) hereof sec 1312 no part of any appropriation contained in this act or of the funds available for expenditure by any corporation included in this act shall be used to pay the salary or wages of any person who ejigages in a strike against the government of the united states or who is a member of an organization of government employees that asserts the right to strike against the government of the united states or who advocates or is a member of an organization that advocates the overthrow of the government of the united states by force or violence: provided that for the purposes nereof an affidavit shall be considered prima facie evidence that the person making the affidavit has not contrary to the provisions of this section engaged in a strike against the government of the united states is not a member of an organization of government employees that asserts the right to strike against the government of the united states or that such person does not advocate and is not a member of an organization that advocates the overthrow of the government of the united states by force or violence: provided further that any person who engages in a strike against the government of the united states or who is a member of an organization of government employees that asserts the right to strike against the government of the united states or who advocates or who is a member of an organization that advocates the overthrow of the government of the united states by force or violence and accepts employment the salary or wages for which are paid from any appropriation or fund contained in this or any other act shall be guilty of a felony and upon conviction shall be fined not more than $1000 or imprisoned for not more than one year or both: provided further that the above penalty clause shall be in addition to and not in substitution for any other provisions of existing law sec 1313 the appropriations authorizations and authority with respect thereto in this act shall be available from july 1 1954 for the purposes provided in such appropriations authorizations and authority all obligations incurred during the period between june certifications restriction statement of obligation strikes or over throw of governtnent affidavit penalty ratificat iot of obligations 832 public law 664aug 26 1954 68 st at ante p 448 august 26 1954 s 3233 u  s merchant vessels carg o preference 49 stat 2015 46 use 1241 15 use 616a august 26 1954 h r 9678 mutual security act of 1954 301954 and the date of enactment of this act in anticipation of such appropriations authorizations and authority are hereby ratified and confirmed if in accordance with the terms hereof and the terms of public law 475 eightythird congress approved august 26 1954 public law 664 chapter936 an act to amend the merchant marine act 1936 to provide permanent legislation for the transportation of a substantial portion of waterborne cargoes in united statesflag vessels be it enacted hy the senate and house of representatives of the united states of america in congress assemhled that section 901 of the merchant marine act 1936 as amended is hereby amended by inserting (a) after sec 901 and by adding at the end of the section the following new subsection: (b) whenever the united states shall procure contract for or otherwise obtain for its own account or shall furnish to or for the account of any foreign nation without provision for reimbursement any equipment materials or commodities within or without the united states or shall advance funds or credits or guarantee the convertibility of foreign currencies in connection with the furnishing of such equipment materials or commodities the appropriate agency or agencies shall take such steps as may be necessary and practicable to assure that at least 50 per centum of the gross tonnage of such equipment materials or commodities (computed separately for dry bulk carriers dry cargo liners and tankers) which may be transported on ocean vessels shall be transported on privately owned united statesflag commercial vessels to the extent such vessels are available at fair and reasonable rates for united statesflag commercial vessels in such manner as will insure a fair and reasonable participation of united statesflag commercial vessels in such cargoes by geographic areas: provided that the provisions of this subsection may be waived whenever the congress by concurrent resolution or otherwise or the president of the united states or the secretary of defense declares that an emergency exists justifying a temporary waiver of the provisions of section 901 (b) and so notifies the appropriate agency or agencies: and provided further that the provisions of this subsection shall not apply to cargoes carried in the vessels of the panama canal company nothing herein shall repeal or otherwise modify the provisions of public resolution numbered 17 seventythird congress (48 stat 500) as amended approved august 26 1954 public law 665 chapter 937 an act to promote the security and foreign policy of the united states by furnishing assistance to friendly nations and for other purposes be it enacted hy the senate and house of representatives of the united statcs of america in congress assembled that this act may g g jg mutual security act of 1954