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Sec.
101. Agency
102. Executive agency.
103. United States.
§ 101. Agency

In this title, "agency" means a department, agency, or instrumentality of the United States Government. $ 102. Executive agency

In this title, "executive agency means a department, agency, or instrumentality in the executive branch of the United States Government. $ 103. United States

In this title, “United States”, when used in a geographic sense, means the States of the United States and the District of Columbia.

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SUBTITLE II—THE BUDGET PROCESS

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CHAPTER 11—THE BUDGET AND FISCAL, BUDGET, AND

PROGRAM INFORMATION

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(g)(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.

(2)(A) In paragraph (1), except as provided in subparagraph (B), the term “advisory and assistance services” means the following services when provided by nongovernmental sources:

(i) Management and professional support services.
(ii) Studies, analyses, and evaluations.

(iii) Engineering and technical services. (B) In paragraph (1), the term “advisory and assistance services" does not include the following services:

(i) Routine automated data processing and telecommunications services unless such services are an integral part of a contract for the procurement of advisory and assistance services.

(ii) Architectural and engineering services, as defined in 1102 of title 401.

(iii) Research on basic mathematics or medical, biological, physical, social, psychological, or other phenomena.

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1 Section 3(h)(3) of P.L. 107–217 (116 Stat. 1299) amends this clause by striking “section 901 of the Brooks Architect-Engineers Act (40 U.S.C. 541)” and inserting “1102 of title 40”. Should probably have inserted “section 1102 of title 40”.

SUBCHAPTER III—LIMITATIONS, EXCEPTIONS, AND PENALTIES 1341. Limitations on expending and obligating amounts. 1342. Limitation on voluntary service.

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1350. Criminal penalty. 1351. Reports on violations. 1352. Limitation on use of appropriated funds to influence certain Federal con

tracting and financial transactions.

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§ 1304. Judgments, awards, and compromise settlements 2

(a) Necessary amounts are appropriated to pay final judgments, awards, compromise settlements, and interest and costs specified in the judgments or otherwise authorized by law when

(1) payment is not otherwise provided for;

(2) payment is certified by the Secretary of the Treasury;
and
(3) the judgment, award, or settlement is payable-

(A) under section 2414, 2517, 2672, or 2677 of title 28;
(B) under section 3723 of this title;
(C) under a decision of a board of contract appeals; or

(D) in excess of an amount payable from the appropriations of an agency for a meritorious claim under section 2733 or 2734 of title 10, section 715 of title 32, or section 203 of the National Aeronautics and Space Act of 1958

(42 U.S.C. 2473). (b)(1) Interest may be paid from the appropriation made by this section

(A) on a judgment of a district court, only when the judgment becomes final after review on appeal or petition by the United States Government, and then only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before the date of the mandate of affirmance; or

(B) on a judgment of the Court of Appeals for the Federal Circuit or the United States Claims Court 3 under section 2516(b) of title 28, only from the date of filing of the transcript of the judgment with the Secretary of the Treasury through the day before the date of the mandate of affirmance.

(2) Interest payable under this subsection in a proceeding reviewed by the Supreme Court is not allowed after the end of the term in which the judgment is affirmed.

(c)(1) A judgment or compromise settlement against the Government shall be paid under this section and sections 2414, 2517, and 2518 of title 28 when the judgment or settlement arises out of an express or implied contract made by

(A) the Army and Air Force Exchange Service;
(B) the Navy Exchanges;

2 Section 1304 is commonly referred to as the "Judgment Fund”.

3 Pursuant to section 902(b)(1) of the Court of Federal Claims Technical and Procedural Improvements Act of 1992 (P.L. 102–572), the reference to the United States Claims Court in subsection (b)(1)(B) is deemed to be a reference to the United States Court of Federal Claims.

(C) the Marine Corps Exchanges;
(D) the Coast Guard Exchanges; or

(E) the Exchange Councils of the National Aeronautics and Space Administration.

(2) The Exchange making the contract shall reimburse the Government for the amount paid by the Government.

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SUBCHAPTER III—LIMITATIONS, EXCEPTIONS, AND

PENALTIES $ 1341. Limitations on expending and obligating amounts 4

(a)(1) An officer or employee of the United States Government or of the District of Columbia government may not

(A) make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund for the expenditure or obligation;

(B) involve either government in a contract or obligation for the payment of money before an appropriation is made unless authorized by law;

(C) make or authorize an expenditure or obligation on funds required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985; or

(D) involve either government in a contract or obligation for the payment of money required to be sequestered under section 252 of the Balanced Budget and Emergency Deficit Control Act

of 1985. (2) This subsection does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government.

(b) An article to be used by an executive department in the District of Columbia that could be bought out of an appropriation made to a regular contingent fund of the department may not be bought out of another amount available for obligation. $ 1342. Limitation on voluntary services

An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. As used in this section, the term "emergencies involving the safety of human life or the protection of property” does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.

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4 Section 1341 is commonly referred to as the “Anti-Deficiency Act”.

$ 1350. Criminal penalty

An officer or employee of the United States Government or of the District of Columbia government knowingly and willfully violating section 1341(a) or 1342 of this title shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. § 1351. Reports on violations

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. § 1352. Limitation on use of appropriated funds to influence

certain Federal contracting and financial trans

actions (a)(1) None of the funds appropriated by any Act may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee 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.

(2) The prohibition in paragraph (1) of this subsection applies with respect to the following Federal actions:

(A) The awarding of any Federal contract.
(B) The making of any Federal grant.
(C) The making of any Federal loan.
(D) The entering into of any cooperative agreement.

(E) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or coopera

tive agreement. (b)(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) (2) A declaration filed by a person pursuant to paragraph (1)(A) of this subsection in connection with a Federal contract, grant, loan, or cooperative agreement shall contain

(A)5 the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the person with respect to that Federal contract, grant, loan, or cooperative agreement; and

(B)5 a certification that the person making the declaration has not made, and will not make, any payment prohibited by subsection (a).

5 Margins of subparagraphs (A) and (B) so in law.

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