31 U.S.C. § 1302 — Determining amounts appropriated

Page 164 TITLE 31—MONEY AND FINANCE § 1302 wise provided in sections 1512 and 1513 of title 31, United States Code; and ‘‘(3) no funds provided under this Act or subsequent Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Acts shall be available for the salary (or any part thereof) of an employee who is reassigned on a temporary de- tail basis to another position in the employing agen- cy or department or in any other agency or depart- ment, unless the detail is independently approved by the head of the employing department or agency.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 105–78, title V, § 511, Nov. 13, 1997, 111 Stat. 1516. Pub. L. 104–208, div. A, title I, § 101(e) [title V, § 509], Sept. 30, 1996, 110 Stat. 3009–233, 3009–269. Pub. L. 104–134, title I, § 101(d) [title V, § 509], Apr. 26, 1996, 110 Stat. 1321–211, 1321–244; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103–333, title V, § 515, Sept. 30, 1994, 108 Stat. 2574. Executive Documents EX. ORD. NO. 13457. PROTECTING AMERICAN TAXPAYERS FROM GOVERNMENT SPENDING ON WASTEFUL EARMARKS Ex. Ord. No. 13457, Jan. 29, 2008, 73 F.R. 6417, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of the Federal Gov- ernment to be judicious in the expenditure of taxpayer dollars. To ensure the proper use of taxpayer funds that are appropriated for Government programs and pur- poses, it is necessary that the number and cost of ear- marks be reduced, that their origin and purposes be transparent, and that they be included in the text of the bills voted upon by the Congress and presented to the President. For appropriations laws and other legis- lation enacted after the date of this order, executive agencies should not commit, obligate, or expend funds on the basis of earmarks included in any non-statutory source, including requests in reports of committees of the Congress or other congressional documents, or communications from or on behalf of Members of Con- gress, or any other non-statutory source, except when required by law or when an agency has itself deter- mined a project, program, activity, grant, or other transaction to have merit under statutory criteria or other merit-based decisionmaking. SEC. 2. Duties of Agency Heads. (a) With respect to all appropriations laws and other legislation enacted after the date of this order, the head of each agency shall take all necessary steps to ensure that: (i) agency decisions to commit, obligate, or expend funds for any earmark are based on the text of laws, and in particular, are not based on language in any re- port of a committee of Congress, joint explanatory statement of a committee of conference of the Con- gress, statement of managers concerning a bill in the Congress, or any other non-statutory statement or in- dication of views of the Congress, or a House, com- mittee, Member, officer, or staff thereof; (ii) agency decisions to commit, obligate, or expend funds for any earmark are based on authorized, trans- parent, statutory criteria and merit-based decision making, in the manner set forth in section II of OMB Memorandum M–07–10, dated February 15, 2007, to the extent consistent with applicable law; and (iii) no oral or written communications concerning earmarks shall supersede statutory criteria, competi- tive awards, or merit-based decisionmaking. (b) An agency shall not consider the views of a House, committee, Member, officer, or staff of the Congress with respect to commitments, obligations, or expendi- tures to carry out any earmark unless such views are in writing, to facilitate consideration in accordance with section 2(a)(ii) above. All written communications from the Congress, or a House, committee, Member, of- ficer, or staff thereof, recommending that funds be committed, obligated, or expended on any earmark shall be made publicly available on the Internet by the receiving agency, not later than 30 days after receipt of such communication, unless otherwise specifically di- rected by the head of the agency, without delegation, after consultation with the Director of the Office of Management and Budget, to preserve appropriate con- fidentiality between the executive and legislative branches. (c) Heads of agencies shall otherwise implement with- in their respective agencies the policy set forth in sec- tion 1 of this order, consistent with such instructions as the Director of the Office of Management and Budget may prescribe. (d) The head of each agency shall upon request pro- vide to the Director of the Office of Management and Budget information about earmarks and compliance with this order. SEC. 3. Definitions. For purposes of this order: (a) The term ‘‘agency’’ means an executive agency as defined in section 105 of title 5, United States Code, and the United States Postal Service and the Postal Regu- latory Commission, but shall exclude the Government Accountability Office; and (b) the term ‘‘earmark’’ means funds provided by the Congress for projects, programs, or grants where the purported congressional direction (whether in statu- tory text, report language, or other communication) circumvents otherwise applicable merit-based or com- petitive allocation processes, or specifies the location or recipient, or otherwise curtails the ability of the ex- ecutive branch to manage its statutory and constitu- tional responsibilities pertaining to the funds alloca- tion process. SEC. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an agency or the head thereof; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budget, administrative, or legislative proposals. (b) This order shall be implemented in a manner con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity, by any party against the United States, its agencies, instrumentalities, or enti- ties, its officers, employees, or agents, or any other person. GEORGE W. BUSH. § 1302. Determining amounts appropriated Except as specifically provided by law, the total amount appropriated in an appropriation law is determined by adding up the specific amounts or rates appropriated in each para- graph of the law. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 917.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1302 ......... 31:670. May 28, 1896, ch. 252, § 1(par. immediately before heading ‘‘Treasury Department’’), 29 Stat. 148. The words ‘‘by adding up’’ are substituted for ‘‘by the correct footing up’’ for clarity. § 1303. Effect of changes in titles of appropria- tions Expenditures for a particular object or pur- pose authorized by a law (and referred to in that