31 U.S.C. § 1101 — Definitions

Page 120 TITLE 31—MONEY AND FINANCE § 1101 3 Editorially supplied. Section 1126 added by Pub. L. 114–264 and Pub. L. 114–328 without corresponding amendment of chapter analysis. 1126. Program Management Improvement Officers and Program Management Policy Council.3 Editorial Notes AMENDMENTS 2024—Pub. L. 118–190, §§ 2(a)(2), 6(c), Dec. 23, 2024, 138 Stat. 2654, 2656, added item 1121 and struck out former item 1121 ‘‘Quarterly priority progress reviews and use of performance information’’ and items 1118 ‘‘Pilot projects for performance goals’’ and 1119 ‘‘Pilot projects for performance budgeting’’. 2011—Pub. L. 111–352, § 13(b), (c), Jan. 4, 2011, 124 Stat. 3882, added items 1115, 1116, and 1120 to 1125, and struck out former items 1115 ‘‘Performance plans’’ and 1116 ‘‘Program performance reports’’. 1994—Pub. L. 103–355, title II, § 2454(c)(3)(B), Oct. 13, 1994, 108 Stat. 3326, struck out item 1114 ‘‘Budget infor- mation on consulting services’’. 1993—Pub. L. 103–62, § 11(b)(1), Aug. 3, 1993, 107 Stat. 295, added items 1115 to 1119. § 1101. Definitions In this chapter— (1) ‘‘agency’’ includes the District of Colum- bia government but does not include the legis- lative branch or the Supreme Court. (2) ‘‘appropriations’’ means appropriated amounts and includes, in appropriate con- text— (A) funds; (B) authority to make obligations by con- tract before appropriations; and (C) other authority making amounts avail- able for obligation or expenditure. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 907.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1101(1) ..... 31:2(1st–4th pars.). June 10, 1921, ch. 18, § 2(1st–5th pars.), 42 Stat. 20; Apr. 3, 1939, ch. 36, § 201, 53 Stat. 565; July 31, 1953, ch. 302, § 101(1st proviso in par. under heading ‘‘Bureau of the Budget’’), 67 Stat. 299. 1101(2) ..... 31:2(last par.). June 10, 1921, ch. 18, 42 Stat. 20, § 2(last par.); added Sept. 12, 1950, ch. 946, § 101, 64 Stat. 832. In the section, a reference to 31:71 and 471 is omitted because the definitions in the section are not used in 31:71 and 471. In clause (1), ‘‘agency’’ (which is defined for purposes of this title in section 101 to mean a department, agen- cy, or instrumentality of the United States) is coexten- sive with and substituted for the term ‘‘department or establishment’’ which was defined in 31:2 as in part meaning ‘‘any executive department, independent com- mission, board, bureau, office, agency, or other estab- lishment of the Government, including any inde- pendent regulatory commission or board’’. This defini- tion merely restates and continues, and does not in any way change or expand, the definition in 31:2. Under that definition, entities such as the Tennessee Valley Au- thority that have been interpreted to be outside the purview of the definition will continue to be outside the purview in the same manner and to the same extent that they were under 31:2. The words ‘‘includes the Dis- trict of Columbia government’’ are used because of ex- isting law but the inclusion of these words is not to be interpreted as construing the extent to which the Dis- trict of Columbia Self-Government and Governmental Reorganizational Act (Pub. L. 93–198, 87 Stat. 774) su- persedes the provisions codified in this title. The words ‘‘of the United States’’ are omitted as surplus. The text of 31:2(2d–4th pars.) is omitted as unnecessary because of the restatement. The text of section 2(3d par.) of the Budget and Accounting Act, 1921 (ch. 18, 42 Stat. 20), is omitted as obsolete because of section 501 of the revised title. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–190, § 1, Dec. 23, 2024, 138 Stat. 2653, pro- vided that: ‘‘This Act [amending sections 1115, 1116, 1120 to 1122, and 9704 of this title and section 306 of Title 5, Government Organization and Employees, and repeal- ing sections 1118 and 1119 of this title] may be cited as the ‘Federal Agency Performance Act of 2024’.’’ Pub. L. 118–172, § 1, Dec. 23, 2024, 138 Stat. 2593, pro- vided that: ‘‘This Act [amending sections 1105 and 1125 of this title, enacting provisions set out as a note under section 1125 of this title, and amending provisions set out as a note preceding section 4101 of Title 44, Public Printing and Documents] may be cited as the ‘Elimi- nate Useless Reports Act of 2024’.’’ SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–263, div. E, title LIII, § 5303(a), Dec. 23, 2022, 136 Stat. 3250, provided that: ‘‘This section [amending section 1115 of this title] may be cited as the ‘Performance Enhancement Reform Act’.’’ SHORT TITLE OF 2019 AMENDMENT Pub. L. 115–414, § 1, Jan. 3, 2019, 132 Stat. 5430, provided that: ‘‘This Act [amending section 720 of this title and enacting provisions set out as a note under section 1105 of this title] may be cited as the ‘Good Accounting Ob- ligation in Government Act’ or the ‘GAO–IG Act’.’’ SHORT TITLE OF 2011 AMENDMENT Pub. L. 111–352, § 1(a), Jan. 4, 2011, 124 Stat. 3866, pro- vided that: ‘‘This Act [enacting sections 1115, 1116, and 1120 to 1125 of this title and section 306 of Title 5, Gov- ernment Organization and Employees, amending sec- tion 1105 of this title, repealing sections 1115 and 1116 of this title and section 306 of Title 5, and enacting provi- sions set out as notes under section 1115 of this title and section 5105 of Title 5] may be cited as the ‘GPRA Modernization Act of 2010’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–291, title IV, § 401, Dec. 8, 2010, 124 Stat. 3097, provided that: ‘‘This title [amending section 1105 of this title, enacting provisions set out as a note under section 1105 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Crow Tribe Water Rights Settlement Act of 2010’.’’ SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–62, § 1, Aug. 3, 1993, 107 Stat. 285, provided that: ‘‘This Act [enacting sections 1115 to 1119, 9703, and 9704 of this title, section 306 of Title 5, Government Or- ganization and Employees, and sections 2801 to 2805 of Title 39, Postal Service, amending section 1105 of this title, and enacting provisions set out as notes under section 1115 of this title] may be cited as the ‘Govern- ment Performance and Results Act of 1993’.’’ SHORT TITLE OF 1984 AMENDMENT Pub. L. 98–501, title II, § 201, Oct. 19, 1984, 98 Stat. 2324, provided that: ‘‘This title [amending section 1105 of this title and enacting provisions set out as a note under section 1105 of this title] may be cited as the ‘Federal Capital Investment Program Information Act of 1984’.’’ CONSTRUCTION OF 1993 AMENDMENT Pub. L. 103–62, § 10, Aug. 3, 1993, 107 Stat. 295, provided that: ‘‘No provision or amendment made by this Act Page 121 TITLE 31—MONEY AND FINANCE § 1104 [see Short Title of 1993 Amendment note set out above] may be construed as— ‘‘(1) creating any right, privilege, benefit, or enti- tlement for any person who is not an officer or em- ployee of the United States acting in such capacity, and no person who is not an officer or employee of the United States acting in such capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this Act; or ‘‘(2) superseding any statutory requirement, includ- ing any requirement under section 553 of title 5, United States Code.’’ CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSES Pub. L. 103–62, § 2, Aug. 3, 1993, 107 Stat. 285, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) waste and inefficiency in Federal programs un- dermine the confidence of the American people in the Government and reduces the Federal Government’s ability to address adequately vital public needs; ‘‘(2) Federal managers are seriously disadvantaged in their efforts to improve program efficiency and ef- fectiveness, because of insufficient articulation of program goals and inadequate information on pro- gram performance; and ‘‘(3) congressional policymaking, spending decisions and program oversight are seriously handicapped by insufficient attention to program performance and results. ‘‘(b) PURPOSES.—The purposes of this Act [see Short Title of 1993 Amendment note set out above] are to— ‘‘(1) improve the confidence of the American people in the capability of the Federal Government, by sys- tematically holding Federal agencies accountable for achieving program results; ‘‘(2) initiate program performance reform with a se- ries of pilot projects in setting program goals, meas- uring program performance against those goals, and reporting publicly on their progress; ‘‘(3) improve Federal program effectiveness and public accountability by promoting a new focus on results, service quality, and customer satisfaction; ‘‘(4) help Federal managers improve service deliv- ery, by requiring that they plan for meeting program objectives and by providing them with information about program results and service quality; ‘‘(5) improve congressional decisionmaking by pro- viding more objective information on achieving stat- utory objectives, and on the relative effectiveness and efficiency of Federal programs and spending; and ‘‘(6) improve internal management of the Federal Government.’’ CONGRESSIONAL OVERSIGHT Pub. L. 103–62, § 8(a), Aug. 3, 1993, 107 Stat. 294, pro- vided that: ‘‘Nothing in this Act [see Short Title of 1993 Amendment note set out above] shall be construed as limiting the ability of Congress to establish, amend, suspend, or annul a performance goal. Any such action shall have the effect of superseding that goal in the plan submitted under section 1105(a)(29) [now 1105(a)(28)] of title 31, United States Code.’’ Executive Documents EXECUTIVE ORDER NO. 13037 Ex. Ord. No. 13037, Mar. 3, 1997, 62 F.R. 10185, as amended by Ex. Ord. No. 13066, Oct. 29, 1997, 62 F.R. 59273; Ex. Ord. No. 13108, Dec. 11, 1998, 63 F.R. 69175, which established the Commission to Study Capital Budgeting, was revoked by Ex. Ord. No. 13138, § 3(d), Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under section 14 of the Appendix to Title 5, Government Organization and Employees. § 1102. Fiscal year The fiscal year of the Treasury begins on Oc- tober 1 of each year and ends on September 30 of the following year. Accounts of receipts and ex- penditures required under law to be published each year shall be published for the fiscal year. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 908.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1102 ......... 31:1020. R.S. § 237; Oct. 1, 1890, ch. 1256, § 9, 26 Stat. 646; restated July 12, 1974, Pub. L. 93–344, § 501, 88 Stat. 321. The words ‘‘in all matters of accounts, receipts, ex- penditures, estimates, and appropriations’’ are omitted as being included in ‘‘fiscal’’. The word ‘‘prepared’’ is omitted as being included in ‘‘published’’. The words ‘‘as established by subsection (a) of this section’’ are omitted as unnecessary because of the restatement. The text of 31:1020(a)(1) and the words ‘‘beginning on October 1, 1976’’ are omitted as executed. Statutory Notes and Related Subsidiaries FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER 30, 1976 Pub. L. 94–274, Apr. 21, 1976, 90 Stat. 383, provided for an orderly transition to the new Oct. 1 to Sept. 30 fiscal year for particular acts by specifying how the period of July 1, 1976, through Sept. 30, 1976, was to be treated for fiscal year purposes. § 1103. Budget ceiling Congress reaffirms its commitment that budg- et outlays of the United States Government for a fiscal year may be not more than the receipts of the Government for that year. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 908.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1103 ......... 31:27. Oct. 10, 1978, Pub. L. 95–435, § 7, 92 Stat. 1053; restated Oct. 7, 1980, Pub. L. 96–389, § 3, 94 Stat. 1553. The word ‘‘total’’ is omitted as surplus. The words ‘‘for a fiscal year’’ are substituted for ‘‘beginning with Fiscal Year 1981’’ because of the restatement and to eliminate executed words. The words ‘‘for that year’’ are added because of the restatement. § 1104. Budget and appropriations authority of the President (a) The President shall prepare budgets of the United States Government under section 1105 of this title and proposed deficiency and supple- mental appropriations under section 1107 of this title. To the extent practicable, the President shall use uniform terms in stating the purposes and conditions of appropriations. (b) Except as provided in this chapter, the President shall prescribe the contents and order of statements in the budget on expenditures and estimated expenditures and statements on pro- posed appropriations and information submitted with the budget and proposed appropriations. The President shall include with the budget and proposed appropriations information on per- sonnel and other objects of expenditure in the way that information was included in the budget for fiscal year 1950. However, the requirement