31 U.S.C. § 1101

Definitions

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In this chapter—(1) “agency” includes the District of Columbia government but does not include the legislative branch or the Supreme Court.(2) “appropriations” means appropriated amounts and includes, in appropriate context—(A) funds;(B) authority to make obligations by contract before appropriations; and(C) other authority making amounts available 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, agency, or instrumentality of the United States) is coextensive with and substituted for the term “department or establishment” which was defined in 31:2 as in part meaning “any executive department, independent commission, board, bureau, office, agency, or other establishment of the Government, including any independent regulatory commission or board”. This definition 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 Authority 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 District of Columbia government” are used because of existing law but the inclusion of these words is not to be interpreted as construing the extent to which the District of Columbia Self-Government and Governmental Reorganizational Act (Pub. L. 93–198, 87 Stat. 774) supersedes 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 SubsidiariesShort Title of 2024 Amendment

Pub. L. 118–190, § 1, Dec. 23, 2024, 138 Stat. 2653, provided 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 repealing 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, provided 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 ‘Eliminate 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 Obligation 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, provided that: “This Act [enacting sections 1115, 1116, and 1120 to 1125 of this title and section 306 of Title 5, Government Organization and Employees, amending section 1105 of this title, repealing sections 1115 and 1116 of this title and section 306 of Title 5, and enacting provisions 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 Organization 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 ‘Government 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 [see Short Title of 1993 Amendment note set out above] may be construed as—“(1) creating any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in such capacity, and no person who is not an officer or employee of the United States acting in such capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this Act; or“(2) superseding any statutory requirement, including any requirement under section 553 of title 5, United States Code.”

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 undermine 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 effectiveness, because of insufficient articulation of program goals and inadequate information on program 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 systematically holding Federal agencies accountable for achieving program results;“(2) initiate program performance reform with a series of pilot projects in setting program goals, measuring 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 delivery, 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 providing more objective information on achieving statutory 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, provided 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 DocumentsExecutive 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.

Notes of Decisions

Cited in 105 cases, 1972–2016 · leading case: United States v. Don Bruce Duncan, 693 F.2d 971 (9th Cir. 1982).

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United States v. Don Bruce Duncan, 693 F.2d 971 (9th Cir. 1982). · cites it 8× “At this point, the agents believed that Duncan had violated the Bank Secrecy Act, 31 U.S.C. § 1101 (b), because he had failed to report to Customs that he was taking over $5,000 out of the country.”

United States v. Samuel Meiler Schnaiderman, 568 F.2d 1208 (5th Cir. 1978). · cites it 8× “§ 1001 1 (Count I) and of willfully failing to file a report that he was transporting into the United States more than $5,000 required by the Bank Secrecy Act, 31 U.S.C.A. § 1101 2 , and 31 C.F.R. §§ 103.”

United States v. Rolando Anderez, 661 F.2d 404 (5th Cir. 1981). · cites it 9× “VANCE, Circuit Judge: Appellee Rolando Anderez was charged in a two count indictment with the violation of the misdemeanor provisions of the Currency and Foreign Transactions Reporting Act (Reporting Act), 31 U.S.C. §§ 1101 , 1 1058, 2 and the felony violation of the false…”

United States v. Lucille Ann Des Jardins, 747 F.2d 499 (9th Cir. 1984). · cites it 6× “§ 1058 , 1 charged appellant with willful failure to report transporting more than $5,000 in monetary instruments across United States borders as required by 31 U.S.C. § 1101 , 2 another provision of the Act.”

United States v. Charles Noel Woodward, 726 F.2d 1320 (9th Cir. 1984). · cites it 10× “While the Woodwards were being processed through customs, Customs inspectors determined that Woodward was a fugitive from prosecution in Greece. The inspectors also noticed an unnatural-looking bulge under Diane Woodward’s clothing.”

United States v. Kaley, 579 F.3d 1246 (11th Cir. 2009). · cites it 2× “Customs Service, in violation of 31 U.S.C. § 1101 , and the resulting civil forfeiture proceedings, violated the due process rights of an individual with an interest in the seized currency.”

California Bankers Assn. v. Shultz, 416 U.S. 21 (1974). · cites it 4× “Section 231 of the Act, 31 U. S. C. § 1101 , requires anyone connected with the transaction to report, in the manner prescribed by the Secretary, the transportation into or out of the country of monetary instruments [9] exceeding $5,000 on any one occasion.”

United States v. Thomas A. Warren, John L. Warren, Jr., Des. E. Schick & David Defina, 578 F.2d 1058 (5th Cir. 1978). · cites it 3× “§ 963 (1976), and of transporting from the United States an amount of money in excess of $5,000 without filing the report required by 31 U.S.C. § 1101 (1970), in violation of 31 U.”

United States v. Eight Thousand Eight Hundred & Fifty Dollars, 461 U.S. 555 (1983). · cites it 2× “§ 1101 , requires persons knowingly transporting monetary instruments exceeding $5,000 into the United States to file a report with the Customs Service declaring the amount being transported. Congress has authorized the Government to seize and forfeit any monetary instruments…”

United States v. Robert Chemaly, 741 F.2d 1346 (11th Cir. 1984). · cites it 4× “The currency reporting statute, former 31 U.S.C. §§ 1101 , 1105, requires that probable cause and a warrant exist before searches for violations can occur.”

United States v. Zeev Dichne, 612 F.2d 632 (2d Cir. 1980). · cites it 4× “31 U.S.C. § 1101 . 3 Title 31 U.S.C. §§ 1058 and 1059 provide criminal sanctions for the willful violation of any section of the Act, including, inter alia, § 1101.”

United States v. Six Thousand Seven Hundred Dollars ($6,700.00) in United States Currency, Appeal of John H. Naffke, Jr., Etc, 615 F.2d 1 (1st Cir. 1980). · cites it 7× “This is an appeal from the district court’s judgment ordering that $6,700 transported into the United States in violation of 31 U.S.C. § 1101 (a) be forfeited to the government in accordance with 31 U.”

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— 31 U.S.C. § 1101(1) — 1 case

Applicability of Exec. Order No. 12976 to the FDIC (OLC 1997).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.