§1101. Definitions — Inbound Citations
31 U.S.C. § 1101
Cited by 308 provisions in release 119-102.
Citations to 31 U.S.C. § 1101 as a whole
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(1) are not intended to impose requirements that duplicate requirements imposed by the Government Performance and Results Act of 1993 (31 U.S.C. 1101 note);
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(3) are satisfied if an agency provided the information concerning technology transfer activities described in this section in its annual submission under the Government Performance and Results Act of 1993 (31 U.S.C. 1101 note).
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(e) Except as provided in subsection (f) of this section, an officer or employee of an agency (as defined in section 1101 of this title) may submit to Congress or a committee of Congress an appropriations estimate or request, a request for an increase in that estimate or request, or a recommendation on meeting the financial needs of the Government only when requested by either House of Congress.
Citations to §1101(1)
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(d) The President shall develop programs and prescribe regulations to improve the compilation, analysis, publication, and dissemination of statistical information by executive agencies. The President shall carry out this subsection through the Administrator for the Office of Information and Regulatory Affairs in the Office of Management and Budget.
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(B) specific aspects of the program of, and appropriations for, each agency; and
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(A) a detailed structure of national needs that refers to the missions and programs of agencies (as defined in section 101 of this title); and
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(30) an analysis displaying, by agency, proposed reductions in full-time equivalent positions compared to the current year’s level in order to comply with section 5 of the Federal Workforce Restructuring Act of 1994.
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(i) a detailed, separate analysis, by budget function, by agency, and by initiative area (as determined by the administration) for the prior fiscal year, the current fiscal year, the fiscal years for which the budget is submitted, and the ensuing fiscal year identifying the amounts of gross and net appropriations or obligational authority and outlays that contribute to cybersecurity, with separate displays for mandatory and discretionary amounts, including—(I) summaries of the total amount of such appropriations or new obligational authority and outlays requested for cybersecurity;(II) an estimate of the current service levels of cybersecurity spending;(III) the most recent risk assessment and summary of cybersecurity needs in each initiative area (as determined by the administration); and(IV) an estimate of user fees collected by the Federal Government on behalf of cybersecurity activities;
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(1) The Director of the Office of Management and Budget shall establish the funding for advisory and assistance services for each department and agency as a separate object class in each budget annually submitted to the Congress under this section.
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(1) The Director of the Office of Management and Budget shall make publicly available on a website, and continuously update, a tabular list for each fiscal year of each agency that submits budget justification materials, which shall include—(A) the name of the agency;(B) a unique identifier that identifies the agency;(C) to the extent practicable, the date on which the budget justification materials of the agency are first submitted to Congress;(D) the date on which the budget justification materials of the agency are posted online under section 3 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note);(E) the uniform resource locator where the budget justification materials are published on the website of the agency; and(F) a single data set that contains the information described in subparagraphs (A) through (E) with respect to the agency for all fiscal years for which budget justifications of the agency are made available under section 3 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) in a structured data format.
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(A) the name of the agency;
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(B) a unique identifier that identifies the agency;
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(C) to the extent practicable, the date on which the budget justification materials of the agency are first submitted to Congress;
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(D) the date on which the budget justification materials of the agency are posted online under section 3 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note);
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(E) the uniform resource locator where the budget justification materials are published on the website of the agency; and
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(F) a single data set that contains the information described in subparagraphs (A) through (E) with respect to the agency for all fiscal years for which budget justifications of the agency are made available under section 3 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) in a structured data format.
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(A) Each agency that submits budget justification materials shall make the materials available on the website of the agency, in accordance with the policies established by the Director of the Office of Management and Budget under subparagraph (B).
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(B) Not later than 1 year after the date of enactment of this subsection, the Director of the Office of Management and Budget, in consultation with the Secretary of the Treasury, shall establish policies and data standards for agencies relating to making available materials under subparagraph (A), which shall include guidelines for making budget justification materials available in a format aligned with the requirements of section 3(b)(2)(C) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) and using a uniform resource locator that is in a consistent format across agencies and is descriptive, memorable, and pronounceable, such as the format of “agencyname.gov/budget”.
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(1) The head of each agency shall prepare and submit to the President each appropriation request for the agency. The request shall be prepared and submitted in the form prescribed by the President under this chapter and by the date established by the President. When the head of an agency does not submit a request by that date, the President shall prepare the request for the agency to be included in the budget or changes in the budget or as deficiency and supplemental appropriations. The President may change agency appropriation requests. Agency appropriation requests shall be developed from cost-based budgets in the way and at times prescribed by the President. The head of the agency shall use the cost-based budget to administer the agency and to divide appropriations or amounts.
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(2) An officer or employee of an agency in the executive branch may submit to the President or Congress a request for legislation authorizing deficiency or supplemental appropriations for the agency only with the approval of the head of the agency.
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(c) The head of an agency shall include with an appropriation request submitted to the President a report that the statement of obligations submitted with the request contains obligations consistent with section 1501 of this title. The head of the agency shall support the report with a certification of the consistency and shall support the certification with records showing that the amounts have been obligated. The head of the agency shall designate officials to make the certifications, and those officials may not delegate the duty to make the certifications. The certifications and records shall be kept in the agency—(1) in a form that makes audits and reconciliations easy; and(2) for a period necessary to carry out audits and reconciliations.
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(2) relate the agency’s programs to its missions.
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(e) Except as provided in subsection (f) of this section, an officer or employee of an agency (as defined in section 1101 of this title) may submit to Congress or a committee of Congress an appropriations estimate or request, a request for an increase in that estimate or request, or a recommendation on meeting the financial needs of the Government only when requested by either House of Congress.
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(f) The Interstate Commerce Commission shall submit to Congress copies of budget estimates, requests, and information (including personnel needs), legislative recommendations, prepared testimony for congressional hearings, and comments on legislation at the same time they are sent to the President or the Office of Management and Budget. An officer of an agency may not impose conditions on or impair communication by the Commission with Congress, or a committee or member of Congress, about the information.
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(a) On or before the first Monday after January 3 of each year (on or before February 5 in 1986), the President shall submit to both Houses of Congress the estimated budget outlays and proposed budget authority that would be included in the budget for the following fiscal year if programs and activities of the United States Government were carried on during that year at the same level as the current fiscal year without a change in policy. The President shall state the estimated budget outlays and proposed budget authority by function and subfunction under the classifications in the budget summary table under the heading “Budget Authority and Outlays by Function and Agency”, by major programs in each function, and by agency. The President also shall include a statement of the economic and program assumptions on which those budget outlays and budget authority are based, including inflation, real economic growth, and unemployment rates, program caseloads, and pay increases.
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(1) make a study of each agency to decide, and may send Congress recommendations, on changes that should be made in—(A) the organization, activities, and business methods of agencies;(B) agency appropriations;(C) the assignment of particular activities to particular services; and(D) regrouping of services; and
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(A) the organization, activities, and business methods of agencies;
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(B) agency appropriations;
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(b) In cooperation with the Comptroller General, the Secretary of the Treasury and the Director of the Office of Management and Budget shall establish and maintain standard data processing and information systems for fiscal, budget, and program information for use by agencies to meet the needs of the Government, and to the extent practicable, of State and local governments.
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(d) Agencies shall use the standard terms and classifications published under subsection (c)(1) of this section in providing fiscal, budget, and program information to Congress.
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(e) In consultation with the President, the head of each executive agency shall take actions necessary to achieve to the extent possible—(1) consistency in budget and accounting classifications;(2) synchronization between those classifications and organizational structure; and(3) information by organizational unit on performance and program costs to support budget justifications.
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(b) When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall—(1) provide information on the location and kind of available fiscal, budget, and program information;(2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and(3) provide a program evaluation carried out or commissioned by an executive agency.
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(3) provide a program evaluation carried out or commissioned by an executive agency.
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(d) To the extent they consider necessary, the Comptroller General and the Director of the Congressional Budget Office individually or jointly shall establish and maintain a file of information to meet recurring needs of Congress for fiscal, budget, and program information to carry out this section and sections 717 and 1112 of this title. The file shall include information on budget requests, congressional authorizations to obligate and expend, apportionment and reserve actions, and obligations and expenditures. The Comptroller General and the Director shall maintain the file and an index to the file so that it is easier for the committees and agencies of Congress to use the file and index through data processing and communications techniques.
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(a) In 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 a website described in 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, as appropriate, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom—(A) not less than 1 shall be from the Executive Office of the President; and(B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);(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.
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(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;
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(B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2);
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(B) the individual contribution of each agency, organization, program activity, regulation, tax expenditure, policy, and other activity identified under paragraph (2);
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(b) Not 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 agency’s 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);(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 human capital, training, data and evidence, information technology, and skill sets required to meet the performance goals;(B) the technology modernization investments, system upgrades, staff technology skills and expertise, stakeholder input and feedback, and other resources and strategies needed and required to meet the performance goals;(C) clearly defined milestones;(D) an identification of the organizations, program activities, regulations, policies, operational processes, and other activities that contribute to each performance goal, both within and external to the agency;(E) a description of how the agency is working with other agencies and the organizations identified in subparagraph (D) to measure and achieve its performance goals as well as relevant Federal Government performance goals; and(F) 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 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 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 low-priority program activities based on an analysis of their contribution to the mission and goals of the agency and include an evidence-based justification for designating a program activity as low priority.
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(A) the general goals and objectives established in the agency’s strategic plan required by section 306(a)(2) of title 5; and
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(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;
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(D) an identification of the organizations, program activities, regulations, policies, operational processes, and other activities that contribute to each performance goal, both within and external to the agency;
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(E) a description of how the agency is working with other agencies and the organizations identified in subparagraph (D) to measure and achieve its performance goals as well as relevant Federal Government performance goals; and
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(F) an identification of the agency officials responsible for the achievement of each performance goal, who shall be known as goal leaders;
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(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 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 will compensate for such limitations if needed to reach the required level of accuracy;
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(E) how the agency will compensate for such limitations if needed to reach the required level of accuracy;
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(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
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(C) the agency official responsible for resolving such challenges; and
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(10) identify low-priority program activities based on an analysis of their contribution to the mission and goals of the agency and include an evidence-based justification for designating a program activity as low priority.
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(c) 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—(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 activity’s 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.
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(e) An 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.
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(g) The Performance Improvement Officer of each agency (or the functional equivalent) shall collaborate with the Chief Human Capital Officer (or the functional equivalent), the Chief Information Officer (or the functional equivalent), the Chief Data Officer (or the functional equivalent), and the Chief Financial Officer (or the functional equivalent) of that agency to prepare that portion of the annual performance plan described under subsection (b)(5) for that agency.
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(1) “agency” has the same meaning as such term is defined under section 306(f) of title 5;
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(2) “crosscutting” means across organizational (such as agency) boundaries;
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(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;
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(1) Each update shall compare actual performance achieved with the performance goals established in the agency performance plan under section 1115(b) and shall occur not later than 150 days after the end of each fiscal year, with more frequent updates of actual performance on indicators that provide data of significant value to the Government, Congress, or program partners at a reasonable level of administrative burden.
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(5) include a review of the performance goals and evaluation of the performance plan relative to the agency’s strategic human capital management;
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(6) describe how the agency ensures the accuracy and reliability of the data used to measure progress towards its performance goals, including an identification of—(A) the means used to verify and validate measured values;(B) the sources for the data;(C) the level of accuracy required for the intended use of the data;(D) any limitations to the data at the required level of accuracy; and(E) how the agency has compensated for such limitations if needed to reach the required level of accuracy;
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(E) how the agency has compensated for such limitations if needed to reach the required level of accuracy;
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(8) include a summary of the findings of the review of the agency under section 1121(c).
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(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).
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(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.
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The Director of the Office of Management and Budget may exempt from the requirements of sections 1115 and 1116 of this title and section 306 of title 5, any agency with annual outlays of $20,000,000 or less.
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(1) The Director of the Office of Management and Budget shall coordinate with agencies to develop priority goals to improve the performance and management of the Federal Government. Such Federal Government priority goals shall include—(A) outcome-oriented goals covering a limited number of crosscutting policy areas; and(B) goals for management improvements needed across the Federal Government, including—(i) financial management;(ii) human capital management;(iii) information technology management;(iv) procurement and acquisition management; and(v) real property management;
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(1) Every 2 years, the head of each agency listed in section 901(b) of this title, or as otherwise determined by the Director of the Office of Management and Budget, shall identify agency priority goals from among the performance goals of the agency. The Director of the Office of Management and Budget shall determine the total number of agency priority goals across the Government, and the number to be developed by each agency. The agency priority goals shall—(A) reflect the highest priorities of the agency, as determined by the head of the agency and informed by the Federal Government priority goals provided under subsection (a) and the consultations with Congress and other interested parties required by section 306(d) of title 5;(B) have ambitious targets that can be achieved within a 2-year period;(C) have a clearly identified agency official, known as a goal leader, who is responsible for the achievement of each agency priority goal;(D) have interim quarterly targets for performance indicators if more frequent updates of actual performance provides data of significant value to the Government, Congress, or program partners at a reasonable level of administrative burden; and(E) have clearly defined quarterly milestones.
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(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;
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(2) If an agency priority goal includes any program activity or information that is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and is properly classified pursuant to such Executive order, the head of the agency shall make such information available in the classified appendix provided under section 1115(e).
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(c) The functions and activities of this section shall be considered to be inherently governmental functions. The development of Federal Government and agency priority goals shall be performed only by Federal employees.
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(2) include in such reviews officials from the agencies, organizations, and program activities that contribute to the accomplishment of each Federal Government priority goal;
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(3) assess whether agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities are contributing as planned to each Federal Government priority goal;
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(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.
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(b) Not less than quarterly, at each agency required to develop agency priority goals required by section 1120(b) of this title, the head of the agency and Chief Operating Officer, with the support of the agency Performance Improvement Officer, shall—(1) for each agency priority goal, review with the appropriate goal leader the progress achieved during the most recent quarter, overall trend data, and the likelihood of meeting the planned level of performance;(2) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each agency priority goal;(3) assess whether relevant organizations, program activities, regulations, policies, and other activities are contributing as planned to the agency priority goals;(4) categorize agency priority goals by risk of not achieving the planned level of performance; and
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(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;
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(3) assess whether relevant organizations, program activities, regulations, policies, and other activities are contributing as planned to the agency priority goals;
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(4) categorize agency priority goals by risk of not achieving the planned level of performance; and
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(1) In this subsection, the term “covered goal” means a goal or objective established in the strategic plan of the agency under section 306(a) of title 5.
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(2) Not less frequently than annually and consistent with guidance issued by the Director of the Office of Management and Budget, the head and Chief Operating Officer of each agency,1 shall—(A) for each covered goal, review with the appropriate agency official responsible for the covered goal—(i) the progress achieved toward the covered goal—(I) during the most recent fiscal year; or(II) from recent sources of evidence available at the time of the review; and(ii) the likelihood that the agency will achieve the covered goal;(B) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each covered goal;(C) assess progress toward each covered goal by reviewing performance information and other types of evidence relating to each covered goal, such as program evaluations and statistical data;(D) identify whether additional evidence is necessary to better assess progress toward each covered goal, and prioritize the development of the evidence described in subparagraph (C), such as through the plans required under section 312 of title 5, if applicable;(E) assess whether relevant organizations, program activities, regulations, policies, and other activities contribute as planned to each covered goal;(F) as appropriate, leverage the assessment performed under subparagraph (E) as part of the portfolio reviews required under section 503(c)(1)(G);(G) identify any risks or impediments that would reduce or otherwise decrease the likelihood that the agency will achieve the covered goal; and(H) for each covered goal at greatest risk of not being achieved, identify prospects and strategies for performance improvement, including any necessary changes to program activities, regulations, policies, or other activities of the agency.
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(A) for each covered goal, review with the appropriate agency official responsible for the covered goal—(i) the progress achieved toward the covered goal—(I) during the most recent fiscal year; or(II) from recent sources of evidence available at the time of the review; and(ii) the likelihood that the agency will achieve the covered goal;
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(ii) the likelihood that the agency will achieve the covered goal;
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(B) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each covered goal;
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(G) identify any risks or impediments that would reduce or otherwise decrease the likelihood that the agency will achieve the covered goal; and
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(H) for each covered goal at greatest risk of not being achieved, identify prospects and strategies for performance improvement, including any necessary changes to program activities, regulations, policies, or other activities of the agency.
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(3) In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by—(A) the Performance Improvement Officer of the agency;(B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and
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(A) the Performance Improvement Officer of the agency;
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(B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and
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(C) the term “program” means a single program activity or an organized set of aggregated, disaggregated, or consolidated program activities by one or more agencies directed toward a common purpose or goal; and
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(B) a description of the purposes of the program and the contribution of the program to the mission and goals of the agency;
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(i) a description of the purposes of the program activity and the contribution of the program activity to the mission and goals of the agency;
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(iii) to the extent practicable and permitted by law, links to any related evaluation, assessment, or program performance review by the agency, an inspector general, or the Government Accountability Office (including program performance reports required under section 1116), and other related evidence assembled in response to implementation of the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115–435; 132 Stat. 5529);
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(III) to the extent practicable and based on data reported to the agency providing the Federal financial assistance, the results of the Federal financial assistance awards provided by the assistance listing;
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(b) The head of each agency required to develop agency priority goals shall make information about each agency priority goal available to the Office of Management and Budget for publication on the website described in subsection (a)(2)(A), with the exception of any information covered by section 1120(b)(2) of this title. In addition to an identification of each agency priority goal, the website described in subsection (a)(2)(A) shall also consolidate information about each agency priority goal, including—(1) a description of how the agency incorporated any views and suggestions obtained through congressional consultations about the agency priority goal;(2) an identification of key factors external to the agency and beyond its control that could significantly affect the achievement of the agency priority goal;(3) a description of how each agency priority goal will be achieved, including—(A) the strategies and resources required to meet the priority goal;(B) clearly defined milestones;(C) the organizations, program activities, regulations, policies, and other activities that contribute to each goal, both within and external to the agency;(E) an identification of the agency official responsible for achieving the priority goal;(4) the performance indicators to be used in measuring or assessing progress;(5) a description of how the agency ensures the accuracy and reliability of the data used to measure progress towards the priority goal, including an identification of—(A) the means used to verify and validate measured values;(B) the sources for the data;(C) the level of accuracy required for the intended use of the data;(D) any limitations to the data at the required level of accuracy; and(E) how the agency has compensated for such limitations if needed to reach the required level of accuracy;(6) the results achieved toward the agency priority goals established under section 1120(b)—(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and(B) at the end of the 2-year agency priority goal period compared to the overall planned level of performance;(7) an assessment of whether relevant organizations, program activities, regulations, policies, and other activities are contributing as planned;(8) an identification of the agency priority goals at risk of not achieving the planned level of performance; and(9) any prospects or strategies for performance improvement.
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(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;(E) an identification of the agency official responsible for achieving the priority goal;
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(C) the organizations, program activities, regulations, policies, and other activities that contribute to each goal, both within and external to the agency;
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(E) an identification of the agency official responsible for achieving the priority goal;
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(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;
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(E) how the agency has compensated for such limitations if needed to reach the required level of accuracy;
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(6) the results achieved toward the agency priority goals established under section 1120(b)—(A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and(B) at the end of the 2-year agency priority goal period compared to the overall planned level of performance;
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(B) at the end of the 2-year agency priority goal period compared to the overall planned level of performance;
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(8) an identification of the agency priority goals at risk of not achieving the planned level of performance; and
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(6) an identification of the agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities that contribute to each Federal Government priority goal;
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(7) an assessment of whether relevant agencies, organizations, program activities, regulations, tax expenditures, policies, and other activities are contributing as planned;
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(d) The information made available under this section shall be readily accessible and easily found on the Internet by the public and members and committees of Congress. Such information shall also be presented in a searchable, machine-readable format. The Director of the Office of Management and Budget shall issue guidance to ensure that such information is provided in a way that presents a coherent picture of all Federal programs, and the performance of the Federal Government as well as individual agencies.
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(b) Each Chief Operating Officer shall be responsible for improving the management and performance of the agency, and shall—(1) provide overall organization management to improve agency performance and achieve the mission and goals of the agency through the use of strategic and performance planning, measurement, analysis, regular assessment of progress, and use of performance information to improve the results achieved;(2) advise and assist the head of agency in carrying out the requirements of sections 1115 through 1122 of this title and section 306 of title 5;(3) oversee agency-specific efforts to improve management functions within the agency and across Government; and(4) coordinate and collaborate with relevant personnel within and external to the agency who have a significant role in contributing to and achieving the mission and goals of the agency, such as the Chief Financial Officer, Chief Human Capital Officer, Chief Acquisition Officer/Senior Procurement Executive, Chief Information Officer, and other line of business chiefs at the agency.
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(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;
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(4) coordinate and collaborate with relevant personnel within and external to the agency who have a significant role in contributing to and achieving the mission and goals of the agency, such as the Chief Financial Officer, Chief Human Capital Officer, Chief Acquisition Officer/Senior Procurement Executive, Chief Information Officer, and other line of business chiefs at the agency.
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(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;
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(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;
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(B) the Performance Improvement Officer from each agency defined in section 901(b) of this title;
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(B) The heads of agencies with Performance Improvement Officers serving on the Council shall, as appropriate and to the extent permitted by law, provide at the request of the chairperson of the Performance Improvement Council up to 2 personnel authorizations to serve at the direction of the chairperson.
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(2) The term “plan or report” means any plan or report submitted to Congress, any committee of Congress, or subcommittee thereof, by not less than 1 agency—(A) in accordance with Federal law; or(B) at the direction or request of a congressional report.
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(1) The head of each agency shall include in the budget justification materials of the agency the following:(i) A list of each recurring plan or report submitted by the agency.(ii) An identification of whether the recurring plan or report listed in clause (i) was included in the most recent report issued by the Clerk of the House of Representatives concerning the reports that any agency is required by law or directed or requested by a committee report to make to Congress, any committee of Congress, or subcommittee thereof.(iii) If applicable, the unique alphanumeric identifier for the recurring plan or report as required by section 7243(b)(1)(C)(vii) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263).(iv) The identification of any recurring plan or report the head of the agency determines to be outdated or duplicative.(B) With respect to each recurring plan or report identified in subparagraph (A)(iv), the following:(i) A recommendation on whether to sunset, modify, consolidate, or reduce the frequency of the submission of the recurring plan or report.(ii) A citation to each provision of law or directive or request in a congressional report that requires or requests the submission of the recurring plan or report.(iii) A list of the relevant congressional committees for the recurring plan or report.(C) A justification explaining, with respect to each recommendation described in subparagraph (B)(i) relating to a recurring plan or report—(i) why the head of the agency made the recommendation, which may include an estimate of the resources expended by the agency to prepare and submit the recurring plan or report; and(ii) the understanding of the head of the agency of the purpose of the recurring plan or report.
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(i) A list of each recurring plan or report submitted by the agency.
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(ii) An identification of whether the recurring plan or report listed in clause (i) was included in the most recent report issued by the Clerk of the House of Representatives concerning the reports that any agency is required by law or directed or requested by a committee report to make to Congress, any committee of Congress, or subcommittee thereof.
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(iv) The identification of any recurring plan or report the head of the agency determines to be outdated or duplicative.
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(ii) the understanding of the head of the agency of the purpose of the recurring plan or report.
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(A) In preparing the list required under paragraph (1)(A), if, in submitting a recurring plan or report, an agency is required to coordinate or consult with another agency or entity, the head of the agency submitting the recurring plan or report shall consult with the head of each agency or entity with whom consultation or coordination is required.
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(B) If, after a consultation under subparagraph (A), the head of each agency or entity consulted under that subparagraph agrees that a recurring plan or report is outdated or duplicative, the head of the agency required to submit the recurring plan or report shall—(i) include the recurring plan or report in the list described in paragraph (1)(A); and
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(C) If the head of any agency or entity consulted under subparagraph (A) does not agree that a recurring plan or report is outdated or duplicative, the head of the agency required to submit the recurring plan or report shall not include the recurring plan or report in the list described in paragraph (1)(A).
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(3) With respect to a recurring plan or report required to be submitted by not less than 2 agencies, the Director of the Office of Management and Budget shall—(A) determine whether the requirement to submit the recurring plan or report is outdated or duplicative; and(B) make recommendations to Congress accordingly.
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(4) With respect to an agency recommendation, citation, or justification made under subparagraph (B) or (C) of paragraph (1) or a recommendation by the Director of the Office of Management and Budget under paragraph (3), the agency or Director, as applicable, shall also provide this information to the Director of the Government Publishing Office in conformity with the agency submission requirements under section 7244(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; chapter 41 of title 44 note) in conformity with guidance issued by the Director of the Office of Management and Budget under section 7244(b) of such Act.
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(c) Nothing in this section shall be construed to exempt the head of an agency from a requirement to submit a recurring plan or report.
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(d) In addition to including the list of plans and reports determined to be outdated or duplicative by each agency in the budget justification materials of each agency, the Director of the Office of Management and Budget may concurrently submit to Congress legislation to eliminate or consolidate such plans and reports.
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(1) The head of each agency described in section 901(b) shall designate a senior executive of the agency, who has significant program and project management oversight responsibilities, as the Program Management Improvement Officer of the agency.
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(2) The Program Management Improvement Officer of an agency designated under paragraph (1) shall—(A) implement program management policies established by the agency under section 503(c); and(B) develop a strategy for enhancing the role of program managers within the agency that includes the following:(i) Enhanced training and educational opportunities for program managers that shall include—(I) training in the relevant competencies encompassed with program and project manager within the private sector for program managers; and(II) training that emphasizes cost containment for large projects and programs.(ii) Mentoring of current and future program managers by experienced senior executives and program managers within the agency.(iii) Improved career paths and career opportunities for program managers.(iv) A plan to encourage the recruitment and retention of highly qualified individuals to serve as program managers.(v) Improved means of collecting and disseminating best practices and lessons learned to enhance program management across the agency.(vi) Common templates and tools to support improved data gathering and analysis for program management and oversight purposes.
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(A) implement program management policies established by the agency under section 503(c); and
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(B) develop a strategy for enhancing the role of program managers within the agency that includes the following:(i) Enhanced training and educational opportunities for program managers that shall include—(I) training in the relevant competencies encompassed with program and project manager within the private sector for program managers; and(II) training that emphasizes cost containment for large projects and programs.(ii) Mentoring of current and future program managers by experienced senior executives and program managers within the agency.(iii) Improved career paths and career opportunities for program managers.(iv) A plan to encourage the recruitment and retention of highly qualified individuals to serve as program managers.(v) Improved means of collecting and disseminating best practices and lessons learned to enhance program management across the agency.(vi) Common templates and tools to support improved data gathering and analysis for program management and oversight purposes.
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(ii) Mentoring of current and future program managers by experienced senior executives and program managers within the agency.
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(v) Improved means of collecting and disseminating best practices and lessons learned to enhance program management across the agency.
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(2) The Council shall act as the principal interagency forum for improving agency practices related to program and project management. The Council shall—(A) advise and assist the Deputy Director for Management of the Office of Management and Budget;(B) review programs identified as high risk by the Government Accountability Office and make recommendations for actions to be taken by the Deputy Director for Management of the Office of Management and Budget or a designee;(C) discuss topics of importance to the workforce, including—(i) career development and workforce development needs;(ii) policy to support continuous improvement in program and project management; and(iii) major challenges across agencies in managing programs;(D) advise on the development and applicability of standards governmentwide for program management transparency; and(E) review the information published on a website described in section 1122.
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(iii) major challenges across agencies in managing programs;
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(ii) The Program Management Improvement Officer from each agency described in section 901(b).
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(5) The head of each agency with a Project Management Improvement Officer serving on the Council shall provide administrative support to the Council, as appropriate, at the request of the Chairperson.
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(D) in excess of an amount payable from the appropriations of an agency for a meritorious claim under section 2733, 2733a, or 2734 of title 10, section 715 of title 32, or section 20113 of title 51.
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(1) The name of the specific agency or entity whose actions gave rise to the claim or judgment.
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(6) The name of the agency that submitted the claim.
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(a) Foreign credits (including currencies) owed to or owned by the United States may be used by any agency for any purpose for which appropriations are made for the agency for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), but only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency.
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Amounts made available for the compensation of officers and employees of the United States Government may be used to pay taxes imposed on an agency as an employer under chapter 21 of the Internal Revenue Code of 1986 (26 U.S.C. 3101 et seq.).
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(20) Indian moneys, proceeds of labor, agencies, schools, and so forth.
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(a) In this section, buying a passenger motor vehicle or aircraft includes a transfer of the vehicle or aircraft between agencies.
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(1) Except as specifically provided by law, an agency may use an appropriation to buy a passenger motor vehicle (except a bus or ambulance) only at a total cost (except costs required only for transportation) that—(A) includes the price of systems and equipment the Administrator of General Services decides is incorporated customarily in standard passenger motor vehicles completely equipped for ordinary operation;(B) includes the value of a vehicle used in exchange;(C) is not more than the maximum price established by the agency having authority under law to establish a maximum price; and(D) is not more than the amount specified in a law.
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(C) is not more than the maximum price established by the agency having authority under law to establish a maximum price; and
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(1) Funds available to a Federal agency, by appropriation or otherwise, may be expended by the Federal agency for the maintenance, operation, or repair of any passenger carrier only to the extent that such carrier is used to provide transportation for official purposes. Notwithstanding any other provision of law, transporting any individual other than the individuals listed in subsections (b) and (c) of this section between such individual’s residence and such individual’s place of employment is not transportation for an official purpose.
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(2) For purposes of paragraph (1), transportation between the residence of an officer or employee and various locations that is—(A) required for the performance of field work, in accordance with regulations prescribed pursuant to subsection (e) of this section, or(B) essential for the safe and efficient performance of intelligence, counterintelligence, protective services, or criminal law enforcement duties, or transportation of federally owned canines associated with force protection duties of any part of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)),is transportation for an official purpose, when approved in writing by the head of the Federal agency.
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(b) A passenger carrier may be used to transport between residence and place of employment the following officers and employees of Federal agencies:(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;(A) officers compensated at Level I of the Executive Schedule pursuant to section 5312 of title 5; and(B) a single principal deputy to an officer described in subclause (A) of this clause, when a determination is made by such officer that such transportation is appropriate;(4) principal diplomatic and consular officials abroad, and the United States Ambassador to the United Nations;(5) the Deputy Secretary of Defense and Under Secretaries of Defense, the Secretary of the Air Force, the Secretary of the Army, the Secretary of the Navy, the members and Vice Chairman of the Joint Chiefs of Staff, and the Commandant of the Coast Guard;(6) the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives1 the Administrator of the Drug Enforcement Administration, and the Administrator of the National Aeronautics and Space Administration;(7) the Chairman of the Board of Governors of the Federal Reserve System;(8) the Comptroller General of the United States and the Postmaster General of the United States; and(9) an officer or employee with regard to whom the head of a Federal agency makes a determination, in accordance with subsection (d) of this section and with regulations prescribed pursuant to paragraph (1) of subsection (e), that highly unusual circumstances present a clear and present danger, that an emergency exists, or that other compelling operational considerations make such transportation essential to the conduct of official business.Except as provided in paragraph (2) of subsection (d), any authorization made pursuant to clause (9) of this subsection to permit the use of a passenger carrier to transport an officer or employee between residence and place of employment shall be effective for not more than 15 calendar days.
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(C) no more than 10 additional officers or employees of Federal agencies, as designated by the President;
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(6) the Director of the Central Intelligence Agency, the Director of the Federal Bureau of Investigation, Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives1 the Administrator of the Drug Enforcement Administration, and the Administrator of the National Aeronautics and Space Administration;
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(9) an officer or employee with regard to whom the head of a Federal agency makes a determination, in accordance with subsection (d) of this section and with regulations prescribed pursuant to paragraph (1) of subsection (e), that highly unusual circumstances present a clear and present danger, that an emergency exists, or that other compelling operational considerations make such transportation essential to the conduct of official business.
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(2) If a clear and present danger, an emergency, or a compelling operational consideration described in subsection (b)(9) of this section extends or may extend for a period in excess of 15 calendar days, the head of the Federal agency shall determine whether an authorization under such paragraph shall be extended in excess of 15 calendar days for a period of not more than 90 additional calendar days. Determinations made under this paragraph may be reviewed by the head of such agency at the end of each such period, and, where appropriate, a subsequent determination may be made whether such danger, emergency, or consideration continues to exist and whether an additional extension, not to exceed 90 calendar days, may be authorized. Determinations made under this paragraph shall be in accordance with regulations prescribed pursuant to paragraph (1) of subsection (e).
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(1) Not later than March 15, 1987, the Administrator of General Services, after consultation with the Comptroller General, the Director of the Office of Management and Budget, and the Director of the Administrative Office of the United States Courts, shall promulgate regulations governing the heads of all Federal agencies in making the determinations authorized by subsections (a)(2)(A), (b)(9), and (d)(2) of this section. Such regulations shall specify that the comfort and convenience of an officer or employee is not sufficient justification for authorizations of transportation under this section.
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(f) Each Federal agency shall maintain logs or other records necessary to establish the official purpose for Government transportation provided between an individual’s residence and such individual’s place of employment pursuant to this section.
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(1) If and to the extent that the head of a Federal agency, in his or her sole discretion, deems it appropriate, a passenger carrier may be used to transport an officer or employee of a Federal agency between the officer’s or employee’s place of employment and a mass transit facility (whether or not publicly owned) in accordance with succeeding provisions of this subsection.
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(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.
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(3) In carrying out this subsection, a Federal agency, to the maximum extent practicable and consistent with sound budget policy, should—(A) use alternative fuel vehicles for the provision of transportation services;(B) to the extent consistent with the purposes of this subsection, provide transportation services in a manner that does not result in additional gross income for Federal income tax purposes; and(C) coordinate with other Federal agencies to share, and otherwise avoid duplication of, transportation services provided under this subsection.
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(C) coordinate with other Federal agencies to share, and otherwise avoid duplication of, transportation services provided under this subsection.
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(A) The Administrator of General Services, after consultation with the appropriate agencies, shall prescribe any regulations necessary to carry out this subsection.
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(2) the term “Federal agency” means—(A) a department—(i) including independent establishments, other agencies, and wholly owned Government corporations; but(ii) not including the Senate, House of Representatives, or Architect of the Capitol, or the officers or employees thereof;(B) an Executive department (as such term is defined in section 101 of title 5);(C) a military department (as such term is defined in section 102 of title 5);(D) a Government corporation (as such term is defined in section 103(1) of title 5);(E) a Government controlled corporation (as such term is defined in section 103(2) of title 5);(F) a mixed-ownership Government corporation (as such term is defined in section 9101(2) of this title);(G) any establishment in the executive branch of the Government (including the Executive Office of the President);(H) any independent regulatory agency (including an independent regulatory agency specified in section 3502(10)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.
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(i) including independent establishments, other agencies, and wholly owned Government corporations; but
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(1) an agency from paying the expenses of an officer or employee of the United States Government carrying out an official duty; and
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(C) for the detail or cost of personal services of an officer or employee from an executive agency in connection with that group; and
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(b) Appropriations of an executive agency are available for the expenses of an interagency group conducting activities of interest common to executive agencies when the group includes a representative of the agency. The representatives receive no additional pay because of membership in the group. An officer or employee of an executive agency not a representative of the group may not receive additional pay for providing services for the group.
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(a) An agency in existence for more than one year may not use amounts otherwise available for obligation to pay its expenses without a specific appropriation or specific authorization by law. If the principal duties and powers of the agency are substantially the same as or similar to the duties and powers of an agency established by executive order, the agency established later is deemed to have been in existence from the date the agency established by the order came into existence.
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(b) An officer or employee who willfully uses or authorizes the use of a passenger motor vehicle or aircraft owned or leased by the United States Government (except for an official purpose authorized by section 1344 of this title) or otherwise violates section 1344 shall be suspended without pay by the head of the agency. The officer or employee shall be suspended for at least one month, and when circumstances warrant, for a longer period or summarily removed from office.
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If an officer or employee of an executive agency or an officer or employee of the District of Columbia government violates section 1341(a) or 1342 of this title, the head of the agency or the Mayor of the District of Columbia, as the case may be, shall report immediately to the President and Congress all relevant facts and a statement of actions taken. A copy of each report shall also be transmitted to the Comptroller General on the same date the report is transmitted to the President and Congress.
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(1) None of the funds appropriated by any Act may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in paragraph (2) of this subsection.
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(1) Each person who requests or receives a Federal contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency, in accordance with paragraph (4) of this subsection—(A) a written declaration described in paragraph (2) or (3) of this subsection, as the case may be; and(B) copies of all declarations received by such person under paragraph (5).
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(A) with each submission by such person that initiates agency consideration of such person for award of a Federal contract, grant, loan, or cooperative agreement, or for grant of a commitment providing for the United States to insure or guarantee a loan;
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(6) The Director of the Office of Management and Budget, after consulting with the Secretary of the Senate and the Clerk of the House of Representatives, shall issue guidance for agency implementation of, and compliance with, the requirements of this section.
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(A) Subsection (a)(1) of this section does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement to the extent that the payment is for agency and legislative liaison activities not directly related to a Federal action referred to in subsection (a)(2) of this section.
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(B) does not include an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency but only with respect to expenditures that are by such tribe or organization for purposes specified in subsection (a) and are permitted by other Federal law.
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(2) The term “agency” has the same meaning provided for such term in section 552(f) of title 5, and includes a Government corporation, as defined in section 9101(1) of this title.
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(B) does not include an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency but only with respect to expenditures by such tribe or organization that are made for purposes specified in subsection (a) and are permitted by other Federal law.
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(4) The term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi-State, regional, or interstate entity having governmental duties and powers.
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(i) a contract awarded by an agency;
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(ii) a grant made by an agency or a direct appropriation made by law to any person; and
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(iii) a cooperative agreement entered into by an agency.
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(7) The term “Federal loan” means a loan made by an agency. Such term does not include loan insurance or a loan guaranty.
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(10) The term “regularly employed”, with respect to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement or a commitment providing for the United States to insure or guarantee a loan, means an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, cooperative agreement, loan insurance commitment, or loan guaranty commitment.
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(a) Notwithstanding any other provision of law, the Administrator of General Services, in consultation with the Director of the Office of Government Ethics, shall prescribe by regulation the conditions under which an agency in the executive branch (including an independent agency) may accept payment, or authorize an employee of such agency to accept payment on the agency’s behalf, from non-Federal sources for travel, subsistence, and related expenses with respect to attendance of the employee (or the spouse of such employee) at any meeting or similar function relating to the official duties of the employee. Any cash payment so accepted shall be credited to the appropriation applicable to such expenses. In the case of a payment in kind so accepted, a pro rata reduction shall be made in any entitlement of the employee to payment from the Government for such expenses.
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(b) Except as provided in this section or section 4111 or 7342 of title 5, an agency or employee may not accept payment for expenses referred to in subsection (a). An employee who accepts any payment in violation of the preceding sentence—(1) may be required, in addition to any penalty provided by law, to repay, for deposit in the general fund of the Treasury, an amount equal to the amount of the payment so accepted; and(2) in the case of a repayment under paragraph (1), shall not be entitled to any payment from the Government for such expenses.
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(1) the term “executive branch” means all executive agencies (as such term is defined in section 105 of title 5); and
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(1) The head of each agency of the executive branch shall, in the manner provided in paragraph (2), submit to the Director of the Office of Government Ethics reports of payments of more than $250 accepted under this section with respect to employees of the agency. The Director shall make such reports available for public inspection and copying.
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(1) Subject to paragraph (2), no agency may obligate or expend funds appropriated for the agency for a fiscal year to enter into a contract described in section 4212(a) of title 38 with a contractor from which a report was required under section 4212(d) of that title with respect to the preceding fiscal year if such contractor did not submit such report.
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(a) No funds appropriated or otherwise made available to the Federal Government may be used to pay for the painting of a portrait of an officer or employee of the Federal Government, including the President, the Vice President, a Member of Congress, the head of an executive agency, or the head of an office of the legislative branch.
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(1) the term “executive agency” has the meaning given the term in section 133 of title 41; and
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(A) in writing, in a way and form, and for a purpose authorized by law; and(B) executed before the end of the period of availability for obligation of the appropriation or fund used for specific goods to be delivered, real property to be bought or leased, or work or service to be provided;
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(3) an order required by law to be placed with an agency;
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(b) A statement of obligations provided to Congress or a committee of Congress by an agency shall include only those amounts that are obligations consistent with subsection (a) of this section.
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(1) The President shall apportion in writing an appropriation available to an executive agency (except the Commission) that is required to be apportioned under section 1512 of this title. The head of each executive agency to which the appropriation is available shall submit to the President information required for the apportionment in the form and the way and at the time specified by the President. The information shall be submitted not later than the later of the following:(A) 40 days before the beginning of the fiscal year for which the appropriation is available; or(B) 15 days after the date of enactment of the law by which the appropriation is made available.
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(2) The President shall notify the head of the executive agency of the action taken in apportioning the appropriation under paragraph (1) of this subsection not later than the later of the following:(A) 20 days before the beginning of the fiscal year for which the appropriation is available; or(B) 30 days after the date of enactment of the law by which the appropriation is made available.
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(a) The official having administrative control of an appropriation available to the legislative branch, the judicial branch, the United States International Trade Commission, or the District of Columbia government, and, subject to the approval of the President, the head of each executive agency (except the Commission) shall prescribe by regulation a system of administrative control not inconsistent with accounting procedures prescribed under law. The system shall be designed to—(1) restrict obligations or expenditures from each appropriation to the amount of apportionments or reapportionments of the appropriation; and(2) enable the official or the head of the executive agency to fix responsibility for an obligation or expenditure exceeding an apportionment or reapportionment.
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(2) enable the official or the head of the executive agency to fix responsibility for an obligation or expenditure exceeding an apportionment or reapportionment.
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(b) To have a simplified system for administratively dividing appropriations, the head of each executive agency (except the Commission) shall work toward the objective of financing each operating unit, at the highest practical level, from not more than one administrative division for each appropriation affecting the unit.
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(1) Except as provided in subsection (a) of this section, an official may make, and the head of an executive agency may request, an apportionment under section 1512 of this title that would indicate a necessity for a deficiency or supplemental appropriation only when the official or agency head decides that the action is required because of—(A) a law enacted after submission to Congress of the estimates for an appropriation that requires an expenditure beyond administrative control; or(B) an emergency involving the safety of human life, the protection of property, or the immediate welfare of individuals when an appropriation that would allow the United States Government to pay, or contribute to, amounts required to be paid to individuals in specific amounts fixed by law or under formulas prescribed by law, is insufficient.
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(b) If an officer or employee of an executive agency or of the District of Columbia government violates subsection (a) of this section, the head of the executive agency or the Mayor of the District of Columbia, as the case may be, shall report immediately to the President and Congress all relevant facts and a statement of actions taken. A copy of each report shall also be transmitted to the Comptroller General on the same date the report is transmitted to the President and Congress.
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(a) The balance of an appropriation available and necessary to finance or discharge a function or activity transferred or assigned under law within an executive agency or from one executive agency to another may be transferred to and used—(1) by the organizational unit or agency to which the function or activity was transferred or assigned; and(2) for a purpose for which the appropriation was originally available.
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(1) by the organizational unit or agency to which the function or activity was transferred or assigned; and
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(b) The head of the executive agency determines the amount that, with the approval of the President, is necessary to be transferred when the transfer or assignment of the function or activity is within the agency. The President determines the amount necessary to be transferred when the transfer or assignment of the function or activity is from one executive agency to another.
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An appropriation of an executive agency for salaries and expenses is available to carry out national defense responsibilities assigned to the agency under law. A transfer necessary to carry out this section may be made between appropriations or allocations within the executive agency. An allocation may not be made to an executive agency that can carry out with its regular personnel a defense activity assigned to it by using the authority of this section to realign its regular programs.
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(a) An appropriation available to an agency may be charged at any time during a fiscal year for the benefit of another appropriation available to the agency to pay costs—(1) when amounts are available in both the appropriation to be charged and the appropriation to be benefited; and(2) subject to limitations applicable to the appropriations.
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(a) The head of an agency or major organizational unit within an agency may place an order with a major organizational unit within the same agency or another agency for goods or services if—(1) amounts are available;(2) the head of the ordering agency or unit decides the order is in the best interest of the United States Government;(3) the agency or unit to fill the order is able to provide or get by contract the ordered goods or services; and(4) the head of the agency decides ordered goods or services cannot be provided by contract as conveniently or cheaply by a commercial enterprise.
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(2) the head of the ordering agency or unit decides the order is in the best interest of the United States Government;
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(3) the agency or unit to fill the order is able to provide or get by contract the ordered goods or services; and
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(4) the head of the agency decides ordered goods or services cannot be provided by contract as conveniently or cheaply by a commercial enterprise.
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(b) Payment shall be made promptly by check on the written request of the agency or unit filling the order. Payment may be in advance or on providing the goods or services ordered and shall be for any part of the estimated or actual cost as determined by the agency or unit filling the order. A bill submitted or a request for payment is not subject to audit or certification in advance of payment. Proper adjustment of amounts paid in advance shall be made as agreed to by the heads of the agencies or units on the basis of the actual cost of goods or services provided.
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(c) A condition or limitation applicable to amounts for procurement of an agency or unit placing an order or making a contract under this section applies to the placing of the order or the making of the contract.
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(d) An order placed or agreement made under this section obligates an appropriation of the ordering agency or unit. The amount obligated is deobligated to the extent that the agency or unit filling the order has not incurred obligations, before the end of the period of availability of the appropriation, in—(1) providing goods or services; or(2) making an authorized contract with another person to provide the requested goods or services.
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(2) the head of the executive agency filling the order decides that replacement is not necessary, in which case, the amount received is deposited in the Treasury as miscellaneous receipts.
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(1) Subject to the provisions of paragraph (2), after the closing of an account under section 1552(a) or 1555 of this title, obligations and adjustments to obligations that would have been properly chargeable to that account, both as to purpose and in amount, before closing and that are not otherwise chargeable to any current appropriation account of the agency may be charged to any current appropriation account of the agency available for the same purpose.
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(1) In the case of a fixed appropriation account with respect to which the period of availability for obligation has ended, if an obligation of funds from that account to provide funds for a program, project, or activity to cover amounts required for contract changes would cause the total amount of obligations from that appropriation during a fiscal year for contract changes for that program, project, or activity to exceed $4,000,000, the obligation may only be made if the obligation is approved by the head of the agency (or an officer of the agency within the Office of the head of the agency to whom the head of the agency has delegated the authority to approve such an obligation).
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(A) the head of the agency submits to the appropriate authorizing committees of Congress and the Committees on Appropriations of the Senate and the House of Representatives a notice in writing of the intent to obligate such funds, together with a description of the legal basis for the proposed obligation and the policy reasons for the proposed obligation; and
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(1) After the close of each fiscal year, the head of each agency shall submit to the President and the Secretary of the Treasury a report regarding the unliquidated obligations, unobligated balances, canceled balances, and adjustments made to appropriation accounts of that agency during the completed fiscal year. The report shall be submitted no later than 15 days after the date on which the President’s budget for the next fiscal year is submitted to Congress under section 1105 of this title.
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(E) contain a certification by the head of the agency that the obligated balances in each appropriation account of the agency reflect proper existing obligations and that expenditures from the account since the preceding review were supported by a proper obligation of funds and otherwise were proper;
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(3) The head of each Federal agency shall provide a copy of each such report to the Speaker of the House of Representatives and the Committee on Appropriations, the Committee on Governmental Affairs, and other appropriate oversight and authorizing committees of the Senate.
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(c) The head of each agency shall establish internal controls to assure that an adequate review of obligated balances is performed to support the certification required by section 1108(c) of this title.
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(1) the head of the agency concerned or the President determines that the purposes for which the appropriation was made have been carried out; and
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(1) the head of the agency concerned;
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(a) Notwithstanding section 1552 of this title or any other provision of law, funds available to an agency for obligation for a contract at the time a protest or other action referred to in subsection (b) is filed in connection with a solicitation for, proposed award of, or award of such contract shall remain available for obligation for 100 days after the date on which the final ruling is made on the protest or other action. A ruling is considered final on the date on which the time allowed for filing an appeal or request for reconsideration has expired, or the date on which a decision is rendered on such an appeal or request, whichever is later.
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(B) commencement of the action delays or prevents an executive agency from making an award of a contract or proceeding with a procurement.
Citations to §1101(2)
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(a) The President shall prepare budgets of the United States Government under section 1105 of this title and proposed deficiency and supplemental appropriations under section 1107 of this title. To the extent practicable, the President shall use uniform terms in stating the purposes and conditions of appropriations.
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(b) Except as provided in this chapter, the President shall prescribe the contents and order of statements in the budget on expenditures and estimated expenditures and statements on proposed appropriations and information submitted with the budget and proposed appropriations. The President shall include with the budget and proposed appropriations information on personnel and other objects of expenditure in the way that information was included in the budget for fiscal year 1950. However, the requirement that information be included in the budget in that way may be waived or changed by joint action of the Committees on Appropriations of both Houses of Congress. This subsection does not limit the authority of a committee of Congress to request information in a form it prescribes.
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(c) When the President makes a basic change in the form of the budget, the President shall submit with the budget information showing where items in the budget for the prior fiscal year are contained in the present budget. However, the President may change the functional categories in the budget only in consultation with the Committees on Appropriations and on the Budget of both Houses of Congress. Committees of the House of Representatives and Senate shall receive prompt notification of all such changes.
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(4) a reconciliation of the summary information on expenditures with proposed appropriations.
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(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
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(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
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(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
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(13) an allowance for additional estimated expenditures and proposed appropriations for the fiscal year for which the budget is submitted.
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(17) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for grants, contracts, and other payments under each program for which there is an authorization of appropriations for that following fiscal year when the appropriations are authorized to be included in an appropriation law for the fiscal year before the fiscal year in which the appropriation is to be available for obligation.
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(B) specific aspects of the program of, and appropriations for, each agency; and
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(23) separate appropriation accounts for appropriations under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) and the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.).
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(25) a separate appropriation account for appropriations for each Office of Inspector General of an establishment defined under section 401 of title 5.
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(26) a separate statement of the amount of appropriations requested for the Office of National Drug Control Policy and each program of the National Drug Control Program.
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(27) a separate statement of the amount of appropriations requested for the Office of Federal Financial Management.
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(31) a separate statement of the amount of appropriations requested for the Chief Financial Officer in the Executive Office of the President.
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(33) a separate appropriation account for appropriations for the Council of the Inspectors General on Integrity and Efficiency, and, included in that account, a separate statement of the aggregate amount of appropriations requested for each academy maintained by the Council of the Inspectors General on Integrity and Efficiency.
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(34) with respect to the amount of appropriations requested for use by the Export-Import Bank of the United States, a separate statement of the amount requested for its program budget, the amount requested for its administrative expenses, and of the amount requested for its administrative expenses, the amount requested for technology expenses.
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(i) a detailed, separate analysis, by budget function, by agency, and by initiative area (as determined by the administration) for the prior fiscal year, the current fiscal year, the fiscal years for which the budget is submitted, and the ensuing fiscal year identifying the amounts of gross and net appropriations or obligational authority and outlays that contribute to cybersecurity, with separate displays for mandatory and discretionary amounts, including—(I) summaries of the total amount of such appropriations or new obligational authority and outlays requested for cybersecurity;(II) an estimate of the current service levels of cybersecurity spending;(III) the most recent risk assessment and summary of cybersecurity needs in each initiative area (as determined by the administration); and(IV) an estimate of user fees collected by the Federal Government on behalf of cybersecurity activities;
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(I) summaries of the total amount of such appropriations or new obligational authority and outlays requested for cybersecurity;
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(B) Prior to implementing this paragraph, including determining what Federal activities or accounts constitute cybersecurity for purposes of budgetary classification, the Office of Management and Budget shall consult with the Committees on Appropriations and the Committees on the Budget of the House of Representatives and the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Government Affairs of the Senate.
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(37) information on estimates of appropriations for the fiscal year following the fiscal year for which the budget is submitted for the following accounts of the Department of Veterans Affairs:(A) Veterans Benefits Administration, Compensation and Pensions.(B) Veterans Benefits Administration, Readjustment Benefits.(C) Veterans Benefits Administration, Veterans Insurance and Indemnities.(D) Veterans Health Administration, Medical Services.(E) Veterans Health Administration, Medical Support and Compliance.(F) Veterans Health Administration, Medical Facilities.(G) Veterans Health Administration, Medical Community Care.
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(b) Estimated expenditures and proposed appropriations for the legislative branch and the judicial branch to be included in each budget under subsection (a)(5) of this section shall be submitted to the President before October 16 of each year and included in the budget by the President without change.
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(1) The President shall submit with materials related to each budget transmitted under subsection (a) on or after January 1, 1985, an analysis for the ensuing fiscal year that shall identify requested appropriations or new obligational authority and outlays for each major program that may be classified as a public civilian capital investment program and for each major program that may be classified as a military capital investment program, and shall contain summaries of the total amount of such appropriations or new obligational authority and outlays for public civilian capital investment programs and summaries of the total amount of such appropriations or new obligational authority and outlays for military capital investment programs. In addition, the analysis under this paragraph shall contain—(A) an estimate of the current service levels of public civilian capital investment and of military capital investment and alternative high and low levels of such investments over a period of ten years in current dollars and over a period of five years in constant dollars;(B) the most recent assessment analysis and summary, in a standard format, of public civilian capital investment needs in each major program area over a period of ten years;(C) an identification and analysis of the principal policy issues that affect estimated public civilian capital investment needs for each major program; and(D) an identification and analysis of factors that affect estimated public civilian capital investment needs for each major program, including but not limited to the following factors:(i) economic assumptions;(ii) engineering standards;(iii) estimates of spending for operation and maintenance;(iv) estimates of expenditures for similar investments by State and local governments; and(v) estimates of demand for public services derived from such capital investments and estimates of the service capacity of such investments.To the extent that any analysis required by this paragraph relates to any program for which Federal financial assistance is distributed under a formula prescribed by law, such analysis shall be organized by State and within each State by major metropolitan area if data are available.
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The President may submit to Congress proposed deficiency and supplemental appropriations the President decides are necessary because of laws enacted after the submission of the budget or that are in the public interest. The President shall include the reasons for the submission of the proposed appropriations and the reasons the proposed appropriations were not included in the budget. When the total proposed appropriations would have required the President to make a recommendation under section 1105(c) of this title if they had been included in the budget, the President shall make a recommendation under that section. The President shall transmit promptly to Congress without change, proposed deficiency and supplemental appropriations submitted to the President by the legislative branch and the judicial branch.
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(1) The head of each agency shall prepare and submit to the President each appropriation request for the agency. The request shall be prepared and submitted in the form prescribed by the President under this chapter and by the date established by the President. When the head of an agency does not submit a request by that date, the President shall prepare the request for the agency to be included in the budget or changes in the budget or as deficiency and supplemental appropriations. The President may change agency appropriation requests. Agency appropriation requests shall be developed from cost-based budgets in the way and at times prescribed by the President. The head of the agency shall use the cost-based budget to administer the agency and to divide appropriations or amounts.
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(2) An officer or employee of an agency in the executive branch may submit to the President or Congress a request for legislation authorizing deficiency or supplemental appropriations for the agency only with the approval of the head of the agency.
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(e) Except as provided in subsection (f) of this section, an officer or employee of an agency (as defined in section 1101 of this title) may submit to Congress or a committee of Congress an appropriations estimate or request, a request for an increase in that estimate or request, or a recommendation on meeting the financial needs of the Government only when requested by either House of Congress.
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(B) agency appropriations;
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(3) in carrying out this subsection, shall give particular consideration to the needs of the Committees on Appropriations and on the Budget of both Houses of Congress, the Committee on Ways and Means of the House, the Committee on Finance of the Senate, and the Congressional Budget Office.
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(1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information.
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(A) the Committees on Appropriations of the Senate and the House of Representatives;
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(a) Appropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law.
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(D) in excess of an amount payable from the appropriations of an agency for a meritorious claim under section 2733, 2733a, or 2734 of title 10, section 715 of title 32, or section 20113 of title 51.
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(a) Foreign credits (including currencies) owed to or owned by the United States may be used by any agency for any purpose for which appropriations are made for the agency for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), but only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency.
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(2) Expenditures from the following trust funds may be made only under annual appropriations and only if the appropriations are specifically authorized by law:(A) Armed Forces Retirement Home Trust Fund.(B) Fisher House Trust Fund, Department of the Army.(C) Fisher House Trust Fund, Department of the Air Force.(D) Fisher House Trust Fund, Department of the Navy.
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(A) the term “covered lapse in appropriations” means any lapse in appropriations that begins on or after December 22, 2018;
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(2) Each employee of the United States Government or of a District of Columbia public employer furloughed as a result of a covered lapse in appropriations shall be paid for the period of the lapse in appropriations, and each excepted employee who is required to perform work during a covered lapse in appropriations shall be paid for such work, at the employee’s 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.
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(3) During a covered lapse in appropriations, each excepted employee who is required to perform work shall be entitled to use leave under chapter 63 of title 5, or any other applicable law governing the use of leave by the excepted employee, for which compensation shall be paid at the earliest date possible after the lapse in appropriations ends, regardless of scheduled pay dates.
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(1) public money and appropriations are not available to pay—(A) the pay or expenses of a commission, council, board, or similar group, or a member of that group;(B) expenses related to the work or the results of work or action of that group; or(C) for the detail or cost of personal services of an officer or employee from an executive agency in connection with that group; and
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(b) Appropriations of an executive agency are available for the expenses of an interagency group conducting activities of interest common to executive agencies when the group includes a representative of the agency. The representatives receive no additional pay because of membership in the group. An officer or employee of an executive agency not a representative of the group may not receive additional pay for providing services for the group.
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(1) Except as provided in this section, appropriations are not available to install telephones in private residences or for tolls or other charges for telephone service from private residences.
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(2) Under regulations of the Secretary of State, appropriations may be used to install and pay for the use of telephones in residences owned or leased by the United States Government in foreign countries for the use of the Foreign Service.
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(A) from appropriations made for payment of, or contributions to, amounts required to be paid in specific amounts fixed by law or under formulas prescribed by law;
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(a) In this subchapter, “appropriations” means—(1) appropriated amounts;(2) funds; and(3) authority to make obligations by contract before appropriations.
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(3) authority to make obligations by contract before appropriations.
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(a) Except as provided in this subchapter, an appropriation available for obligation for a definite period shall be apportioned to prevent obligation or expenditure at a rate that would indicate a necessity for a deficiency or supplemental appropriation for the period. An appropriation for an indefinite period and authority to make obligations by contract before appropriations shall be apportioned to achieve the most effective and economical use. An apportionment may be reapportioned under this section.
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(b) To have a simplified system for administratively dividing appropriations, the head of each executive agency (except the Commission) shall work toward the objective of financing each operating unit, at the highest practical level, from not more than one administrative division for each appropriation affecting the unit.
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(4) appropriations made specifically for—(A) interest on, or retirement of, the public debt;(B) payment of claims, judgments, refunds, and drawbacks;(C) items the President decides are of a confidential nature;(D) payment under a law requiring payment of the total amount of the appropriation to a designated payee; and(E) grants to the States under the Social Security Act (42 U.S.C. 301 et seq.).
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An appropriation of an executive agency for salaries and expenses is available to carry out national defense responsibilities assigned to the agency under law. A transfer necessary to carry out this section may be made between appropriations or allocations within the executive agency. An allocation may not be made to an executive agency that can carry out with its regular personnel a defense activity assigned to it by using the authority of this section to realign its regular programs.
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(2) subject to limitations applicable to the appropriations.
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(1) costs incurred by the United States Government may be paid from appropriations available to the District of Columbia government officer or employee to whom the services were provided; and
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(b) The limitations on the availability for expenditure prescribed in this subchapter apply to all appropriations unless specifically otherwise authorized by a law that specifically—(1) identifies the appropriate account for which the availability for expenditure is to be extended;(2) provides that such account shall be available for recording, adjusting, and liquidating obligations properly chargeable to that account; and(3) extends the availability for expenditure of the obligated balances.
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(1) appropriations for the District of Columbia government; or
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(2) appropriations to be disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives.
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(2) The total amount of charges to an account under paragraph (1) may not exceed an amount equal to 1 percent of the total appropriations for that account.
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(A) the head of the agency submits to the appropriate authorizing committees of Congress and the Committees on Appropriations of the Senate and the House of Representatives a notice in writing of the intent to obligate such funds, together with a description of the legal basis for the proposed obligation and the policy reasons for the proposed obligation; and
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(A) provide a description, with reference to the fiscal year of appropriations, of the amount in each account, its source, and an itemization of the appropriations accounts;
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(B) describe all current and expired appropriations accounts;
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(3) The head of each Federal agency shall provide a copy of each such report to the Speaker of the House of Representatives and the Committee on Appropriations, the Committee on Governmental Affairs, and other appropriate oversight and authorizing committees of the Senate.