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US (United States) Code. Title 31. Subtitle II: The Budget process. Chapter 11: The Budget and fiscal

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-CITE-

31 USC CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND

PROGRAM INFORMATION 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-MISC1-

Sec.

1101. Definitions.

1102. Fiscal year.

1103. Budget ceiling.

1104. Budget and appropriations authority of the President.

1105. Budget contents and submission to Congress.

1106. Supplemental budget estimates and changes.

1107. Deficiency and supplemental appropriations.

1108. Preparation and submission of appropriations requests

to the President.

1109. Current programs and activities estimates.

1110. Year-ahead requests for authorizing legislation.

1111. Improving economy and efficiency.

1112. Fiscal, budget, and program information.

1113. Congressional information.

[1114. Repealed.]

1115. Performance plans.

1116. Program performance reports.

1117. Exemptions.(!1)

1118. Pilot projects for performance goals.

1119. Pilot projects for performance budgeting.

AMENDMENTS

1994 - Pub. L. 103-355, title II, Sec. 2454(c)(3)(B), Oct. 13,

1994, 108 Stat. 3326, struck out item 1114 "Budget information on

consulting services".

1993 - Pub. L. 103-62, Sec. 11(b)(1), Aug. 3, 1993, 107 Stat.

295, added items 1115 to 1119.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1512, 9109 of this title;

title 2 section 907a; title 7 sections 934, 1932; title 19 section

2232; title 21 section 1703; title 42 sections 1487, 1962b-6, 8107,

10156, 10222.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

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31 USC Sec. 1101 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1101. Definitions

-STATUTE-

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

or expenditure.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 907.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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1101(1) 31:2(1st-4th pars.). June 10, 1921, ch. 18, Sec.

2(1st-5th pars.), 42 Stat. 20;

Apr. 3, 1939, ch. 36, Sec.

201, 53 Stat. 565; July 31,

1953, ch. 302, Sec. 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, Sec. 2(last par.);

added Sept. 12, 1950, ch. 946,

Sec. 101, 64 Stat. 832.

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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.

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-62, Sec. 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, Sec. 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'."

-EXEC-

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, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1108 of this title.

-End-

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31 USC Sec. 1102 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1102. Fiscal year

-STATUTE-

The fiscal year of the Treasury begins on October 1 of each year

and ends on September 30 of the following year. Accounts of

receipts and expenditures required under law to be published each

year shall be published for the fiscal year.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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1102 31:1020. R.S. Sec. 237; Oct. 1, 1890,

ch. 1256, Sec. 9, 26 Stat.

646; restated July 12, 1974,

Pub. L. 93-344, Sec. 501, 88

Stat. 321.

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The words "in all matters of accounts, receipts, expenditures,

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.

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.

-End-

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31 USC Sec. 1103 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1103. Budget ceiling

-STATUTE-

Congress reaffirms its commitment that budget outlays of the

United States Government for a fiscal year may be not more than the

receipts of the Government for that year.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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1103 31:27. Oct. 10, 1978, Pub. L. 95-435,

Sec. 7, 92 Stat. 1053;

restated Oct. 7, 1980, Pub. L.

96-389, Sec. 3, 94 Stat. 1553.

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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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 907a.

-End-

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31 USC Sec. 1104 01/06/03

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TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1104. Budget and appropriations authority of the President

-STATUTE-

(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.

(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.

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.

(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.

(e) Under regulations prescribed by the President, each agency

shall provide information required by the President in carrying out

this chapter. The President has access to, and may inspect, records

of an agency to obtain information.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 99-177,

title II, Sec. 224, Dec. 12, 1985, 99 Stat. 1060.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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1104(a) 31:16(last sentence June 10, 1921, ch. 18, Sec.

related to 207(last sentence related to

preparation of preparation of budgets and

budgets and appropriations), 42 Stat. 22;

appropriations). restated Sept. 12, 1950, ch.

946, Sec. 102(e), 64 Stat.

833; Reorg. Plan No. 2 of

1970, eff. July 1, 1970, Sec.

102(a), 84 Stat. 2085.

31:623. June 23, 1913, ch. 3, Sec. 3,

38 Stat. 75; Reorg. Plan No. 1

of 1939, eff. July 1, 1939,

Sec. 1, 53 Stat. 1423; Reorg.

Plan No. 2 of 1970, eff. July

1, 1970, Sec. 102(a), 84 Stat.

2085.

1104(b) 31:581. June 10, 1921, ch. 18, Sec.

204, 42 Stat. 21; restated

Sept. 12, 1950, ch. 946, Sec.

102(c), 64 Stat. 833.

1104(c) 31:11d. July 12, 1974, Pub. L. 93-344,

Sec. 802, 88 Stat. 330.

31:581a. June 10, 1921, ch. 18, Sec.

205, 42 Stat. 21; restated

Sept. 12, 1950, ch. 946, Sec.

102(d), 64 Stat. 833.

1104(d) 31:18b. Sept. 12, 1950, ch. 946, Sec.

103, 64 Stat. 834; Reorg. Plan

No. 2 of 1970, eff. July 1,

1970, Sec. 102(a), 84 Stat.

2085.

44:3503(note). Dec. 11, 1980, Pub. L. 96-511,

Sec. 3(a), 94 Stat. 2825.

1104(e) 31:21. June 10, 1921, ch. 18, Sec.

213, 42 Stat. 23; Reorg. Plan

No. 1 of 1939, eff. July 1,

1939, Sec. 1, 53 Stat. 1423;

Reorg. Plan No. 2 of 1970,

eff. July 1, 1970, Sec.

102(a), 84 Stat. 2085.

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In the section, the word "President" is substituted for "Office"

in 31:16(last sentence), "President, through the Director of the

Office of Management and Budget" in 31:18b, "President and the

Director of the Office of Management and Budget" in 44:3503(note),

and "Office of Management and Budget" in 31:21 and 623, because

sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff.

July 1, 1970, 84 Stat. 2085), designated the Bureau of the Budget

as the Office of Management and Budget and transferred all

functions of the Bureau to the President.

In subsection (a), the words "under such rules and regulations as

the President may prescribe" in 31:16(last sentence) are omitted as

unnecessary because of section 101 of Reorganization Plan No. 2 of

1970. The words "use uniform terms in stating" are substituted for

"make uniform the language commonly used in expressing" in 31:623

for consistency. The words "eliminate from all estimates

unnecessary words" are omitted as unnecessary because of the

authority of the President under this subsection to prepare the

budget. The text of section 3(words before semicolon) in the Act of

June 23, 1913 (ch. 13, 38 Stat. 75) is omitted as superseded by

31:ch. 1 and 31:581.

In subsection (b), the word "arrangement" is omitted as being

included in "order". The word "information" is substituted for

"notes and other data", and the word "submitted" is substituted for

"transmitted", for consistency. The words "The President shall

include" are substituted for "shall be accompanied by" because of

the authority of the President under subsection (a) to prepare the

budget. The words "proposed appropriations" are substituted for

"proposed supplemental or deficiency appropriations" because of the

restatement. The word "personnel" is substituted for "personal

services" for clarity. The word "way" is substituted for "manner

and form" for consistency. The words "either generally or in

specific cases" are omitted as surplus. The word "request" is

substituted for "request and receive" to eliminate unnecessary

words. The words "it prescribes" are substituted for "as they may

desire in consideration of and action upon budget estimates" to

eliminate unnecessary words.

In subsection (c), the words "President makes" are substituted

for "is made" in 31:581a as being more precise. The word

"information" is substituted for "explanatory notes and tables" for

consistency in the revised title. The words "to Congress", "as may

be necessary", and "various" are omitted as surplus. The words "The

President may change" are substituted for "Any change . . . shall

be made only" in 31:11d because the President prepares and submits

the budget under 31:11. The word "budget" is substituted for

"Budget of the United States Government transmitted pursuant to

section 11 of this title" to eliminate unnecessary words and for

consistency in the chapter.

In subsection (d), the word "gathering" in 31:18b is omitted as

being included in "compilation". The text of 31:18b(last sentence)

is omitted as unnecessary because of the restatement of the source

provisions in subsection (e). The words "carry out . . . through"

are substituted for "delegate to" in 44:3503(note) for consistency.

In subsection (e), the word "provide" is substituted for

"furnish" for consistency. The words "required by the President in

carrying out this chapter" are substituted for "as the Office may

from time to time require" because of section 101 of Reorganization

Plan No. 2 of 1970 and to provide comparable limiting language on

when information may be required. The words "the director and the

assistant director, or any employee of the Office when duly

authorized" are omitted because of 3:301. The word "inspect" is

substituted for "examine" for consistency in the revised title. The

word "records" is substituted for "books, documents, papers, or

records" for consistency in the revised title and with other titles

of the United States Code.

AMENDMENTS

1985 - Subsec. (c). Pub. L. 99-177 inserted provisions relating

to notice to committees of House of Representatives and Senate.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of Title 2,

The Congress.

-EXEC-

EX. ORD. NO. 10253. PROVISIONS FOR IMPROVEMENT OF WORK OF FEDERAL

EXECUTIVE AGENCIES WITH RESPECT TO STATISTICAL INFORMATION

Ex. Ord. No. 10253, June 11, 1951, 16 F.R. 5605, as amended by

Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No.

12318, Aug. 12, 1981, 46 F.R. 42833, provided:

Section 1. The Director of the Office of Management and Budget

(hereinafter referred to as the Director) shall develop programs,

and issue regulations and orders, for the improved gathering,

compiling, analyzing, publishing, and disseminating of statistical

information for any purpose by the various agencies in the

executive branch of the Federal Government.

Sec. 2. In order to carry out the provisions of Section 1 of this

order, the Director shall maintain a continuing study for the

improvement of the statistical work of the agencies in the

executive branch of the Federal Government with a view to obtaining

the maximum benefit from the funds and facilities available for

such work, giving due consideration to the constantly changing

character of the various needs for statistical information both

within and without the Government and, where the statistical work

is primarily concerned with operating programs, giving due

consideration to administrative needs, statutory requirements, and

the needs involved in the development of administrative and

legislative recommendations. The Director, either upon his own

initiative or upon the request of any such agency, shall (a)

provide for the interchange of information calculated to improve

statistical work, (b) make appropriate arrangements for improving

statistical work involving relationships between two or more

agencies, and (c) assist the agencies, by other means, to improve

their statistical work.

Sec. 3. The following shall be included among the objectives

sought in carrying out the provisions of Section 1 hereof:

(a) To achieve an adequate program of statistical work in the

agencies of the executive branch, in relation to over-all needs for

statistical information, including the filling of gaps and

overcoming of weaknesses in presently available statistical

information.

(b) To achieve the most effective use of resources available for

statistical work by the agencies, in relation to over-all needs.

needed by the various Federal agencies.

(d) To improve the reliability and timeliness of statistical

information.

(e) To achieve maximum comparability among the several

statistical series and studies.

(f) To improve the presentation of statistical information and of

explanations regarding the sources and reliability of such

information, and regarding the limitations on the uses that can

appropriately be made of it.

Sec. 4. Regulations and orders issued pursuant to Section 1

hereof shall be signed by the Director. When so signed, such

regulations and orders shall require no further approval and shall

be adhered to by all agencies in the executive branch. Any such

regulation or order may pertain to a single agency, a group of

agencies, or all agencies in the executive branch.

Sec. 5. In the development of programs and the preparation of

regulations and orders for issuance pursuant to Section 1 hereof,

the Director shall consult Federal agencies whose activities will

be substantially affected, and may consult non-Federal groups to

the extent he finds it necessary to carry out the purposes of this

order.

Sec. 6. The authority outlined in this order is in addition to

and not in substitution for the existing authority of the Director,

or of the Office of Management and Budget, with respect to

statistical and reporting activities. To the extent, however, that

this order conflicts with any previous Executive order affecting

statistical or reporting activities, the provisions of this order

shall control.

Sec. 7. As required by Section 3(a) of the Paperwork Reduction

Act of 1980 (94 Stat. 2825; 44 U.S.C. 3503 note), the Director

shall redelegate to the Administrator for the Office of Information

and Regulatory Affairs, Office of Management and Budget, all

functions, authority, and responsibility under Section 103 of the

Budget and Accounting Procedures Act of 1950 (31 U.S.C. 18b) [31

U.S.C. 1104(d)] which have been vested in the Director by this

Order.

Sec. 8. [Revoked by Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R.

42833.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 76j.

-End-

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31 USC Sec. 1105 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1105. Budget contents and submission to Congress

-STATUTE-

(a) On or after the first Monday in January but not later than

the first Monday in February of each year, the President shall

submit a budget of the United States Government for the following

fiscal year. Each budget shall include a budget message and summary

and supporting information. The President shall include in each

budget the following:

(1) information on activities and functions of the Government.

(2) when practicable, information on costs and achievements of

Government programs.

(3) other desirable classifications of information.

(4) a reconciliation of the summary information on expenditures

with proposed appropriations.

(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.

(6) estimated receipts of the Government in the fiscal year for

which the budget is submitted and the 4 fiscal years after that

year under -

(A) laws in effect when the budget is submitted; and

(B) proposals in the budget to increase revenues.

(7) appropriations, expenditures, and receipts of the

Government in the prior fiscal year.

(8) estimated expenditures and receipts, and appropriations and

proposed appropriations, of the Government for the current fiscal

year.

(9) balanced statements of the -

(A) condition of the Treasury at the end of the prior fiscal

year;

(B) estimated condition of the Treasury at the end of the

current fiscal year; and

fiscal year for which the budget is submitted if financial

proposals in the budget are adopted.

(10) essential information about the debt of the Government.

(11) other financial information the President decides is

desirable to explain in practicable detail the financial

condition of the Government.

(12) for each proposal in the budget for legislation that would

establish or expand a Government activity or function, a table

showing -

(A) the amount proposed in the budget for appropriation and

for expenditure because of the proposal in the fiscal year for

which the budget is submitted; and

(B) the estimated appropriation required because of the

proposal for each of the 4 fiscal years after that year that

the proposal will be in effect.

(13) an allowance for additional estimated expenditures and

proposed appropriations for the fiscal year for which the budget

is submitted.

(14) an allowance for unanticipated uncontrollable expenditures

for that year.

(15) a separate statement on each of the items referred to in

section 301(a)(1)-(5) of the Congressional Budget Act of 1974 (2

U.S.C. 632(a)(1)-(5)).

(16) the level of tax expenditures under existing law in the

tax expenditures budget (as defined in section 3(a)(3) of the

Congressional Budget Act of 1974 (2 U.S.C. 622(a)(3)) for the

fiscal year for which the budget is submitted, considering

projected economic factors and changes in the existing levels

based on proposals in the budget.

(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.

(18) a comparison of the total amount of budget outlays for the

prior fiscal year, estimated in the budget submitted for that

year, for each major program having relatively uncontrollable

outlays with the total amount of outlays for that program in that

year.

(19) a comparison of the total amount of receipts for the prior

fiscal year, estimated in the budget submitted for that year,

with receipts received in that year, and for each major source of

receipts, a comparison of the amount of receipts estimated in

that budget with the amount of receipts from that source in that

year.

(20) an analysis and explanation of the differences between

each amount compared under clauses (18) and (19) of this

subsection.

(21) a horizontal budget showing -

(A) the programs for meteorology and of the National Climate

Program established under section 5 of the National Climate

Program Act (15 U.S.C. 2904);

(B) specific aspects of the program of, and appropriations

for, each agency; and

(22) a statement of budget authority, proposed budget

authority, budget outlays, and proposed budget outlays, and

descriptive information in terms of -

(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

(B) the missions and basic programs.

(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.).

(24) recommendations on the return of Government capital to the

Treasury by a mixed-ownership corporation (as defined in section

9101(2) of this title) that the President decides are desirable.

(25) a separate appropriation account for appropriations for

each Office of Inspector General of an establishment defined

under section 11(2) of the Inspector General Act of 1978.

(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.

(27) a separate statement of the amount of appropriations

requested for the Office of Federal Financial Management.

(28) beginning with fiscal year 1999, a Federal Government

performance plan for the overall budget as provided for under

section 1115.

(29) information about the Violent Crime Reduction Trust Fund,

including a separate statement of amounts in that Trust Fund.

(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.

(31) a separate statement of the amount of appropriations

requested for the Chief Financial Officer in the Executive Office

of the President.

(32) a statement of the levels of budget authority and outlays

for each program assumed to be extended in the baseline as

provided in section 257(b)(2)(A) and for excise taxes assumed to

be extended under section 257(b)(2)(C) of the Balanced Budget and

Emergency Deficit Control Act of 1985.

(33) (!1) a separate appropriation account for appropriations

for the Inspectors General Criminal Investigator Academy and the

Inspectors General Forensic Laboratory of the Department of the

Treasury.

(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.

(33) (!2) (A)(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 homeland security, 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 homeland

security;

(II) an estimate of the current service levels of homeland

security spending;

(III) the most recent risk assessment and summary of homeland

security 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 homeland security activities;

(ii) with respect to subclauses (I) through (IV) of clause (i),

amounts shall be provided by account for each program, project

and activity; and

(iii) an estimate of expenditures for homeland security

activities by State and local governments and the private sector

for the prior fiscal year and the current fiscal year.

(B) In this paragraph, consistent with the Office of Management

and Budget's June 2002 "Annual Report to Congress on Combatting

Terrorism", the term "homeland security" refers to those

activities that detect, deter, protect against, and respond to

terrorist attacks occurring within the United States and its

territories.

Federal activities or accounts constitute homeland security for

purposes of budgetary classification, the Office of Management

and Budget is directed to consult periodically, but at least

annually, with the House and Senate Budget Committees, the House

and Senate Appropriations Committees, and the Congressional

Budget Office.

(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.

action to meet an estimated deficiency when the estimated receipts

for the fiscal year for which the budget is submitted (under laws

in effect when the budget is submitted) and the estimated amounts

in the Treasury at the end of the current fiscal year available for

expenditure in the fiscal year for which the budget is submitted,

are less than the estimated expenditures for that year. The

President shall make recommendations required by the public

interest when the estimated receipts and estimated amounts in the

Treasury are more than the estimated expenditures.

(d) When the President submits a budget or supporting information

about a budget, the President shall include a statement on all

changes about the current fiscal year that were made before the

budget or information was submitted.

(e)(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;

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.

(2) For purposes of this subsection, any appropriation, new

obligational authority, or outlay shall be classified as a public

civilian capital investment to the extent that such appropriation,

authority, or outlay will be used for the construction,

acquisition, or rehabilitation of any physical asset that is

capable of being used to produce services or other benefits for a

number of years and is not classified as a military capital

investment under paragraph (3). Such assets shall include (but not

be limited to) -

(A) roadways or bridges,

(B) airports or airway facilities,

(D) wastewater treatment or related facilities,

(E) water resources projects,

(F) hospitals,

(G) resource recovery facilities,

(H) public buildings,

(I) space or communications facilities,

(J) railroads, and

(K) federally assisted housing.

(3) For purposes of this subsection, any appropriation, new

obligational authority, or outlay shall be classified as a military

capital investment to the extent that such appropriation,

authority, or outlay will be used for the construction,

acquisition, or rehabilitation of any physical asset that is

capable of being used to produce services or other benefits for

purposes of national defense and security for a number of years.

Such assets shall include military bases, posts, installations, and

facilities.

(4) Criteria and guidelines for use in the identification of

public civilian and military capital investments, for

distinguishing between public civilian and military capital

investments, and for distinguishing between major and nonmajor

capital investment programs shall be issued by the Director of the

Office of Management and Budget after consultation with the

Comptroller General and the Congressional Budget Office. The

analysis submitted under this subsection shall be accompanied by an

explanation of such criteria and guidelines.

(5) For purposes of this subsection -

(A) the term "construction" includes the design, planning, and

erection of new structures and facilities, the expansion of

existing structures and facilities, the reconstruction of a

project at an existing site or adjacent to an existing site, and

the installation of initial and replacement equipment for such

structures and facilities;

(B) the term "acquisition" includes the addition of land,

sites, equipment, structures, facilities, or rolling stock by

purchase, lease-purchase, trade, or donation; and

correction of deficiencies in an existing structure or facility

so as to extend the useful life or improve the effectiveness of

the structure or facility, the modernization or replacement of

equipment at an existing structure or facility, and the

modernization of, or replacement of parts for, rolling stock.

(f) The budget transmitted pursuant to subsection (a) for a

fiscal year shall be prepared in a manner consistent with the

requirements of the Balanced Budget and Emergency Deficit Control

Act of 1985 that apply to that and subsequent fiscal years.

(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

section 1102 of title 40.

(iii) Research on basic mathematics or medical, biological,

physical, social, psychological, or other phenomena.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 97-452, Sec.

1(2), Jan. 12, 1983, 96 Stat. 2467; Pub. L. 98-501, title II, Sec.

203, Oct. 19, 1984, 98 Stat. 2324; Pub. L. 99-177, title II, Sec.

241, Dec. 12, 1985, 99 Stat. 1063; Pub. L. 100-119, title I, Sec.

106(f), Sept. 29, 1987, 101 Stat. 781; Pub. L. 100-418, title V,

Sec. 5301, Aug. 23, 1988, 102 Stat. 1462; Pub. L. 100-504, title I,

Sec. 108, Oct. 18, 1988, 102 Stat. 2529; Pub. L. 100-690, title I,

Sec. 1006, Nov. 18, 1988, 102 Stat. 4187; Pub. L. 101-508, title

XIII, Sec. 13112(c), Nov. 5, 1990, 104 Stat. 1388-608; Pub. L.

101-576, title II, Sec. 203(b), Nov. 15, 1990, 104 Stat. 2841; Pub.

L. 103-62, Sec. 4(a), Aug. 3, 1993, 107 Stat. 286; Pub. L. 103-272,

Sec. 4(f)(1)(E), July 5, 1994, 108 Stat. 1362; Pub. L. 103-322,

title XXXI, Sec. 310001(e), Sept. 13, 1994, 108 Stat. 2103; Pub. L.

103-355, title II, Sec. 2454(a), Oct. 13, 1994, 108 Stat. 3326;

Pub. L. 104-287, Sec. 4(1), Oct. 11, 1996, 110 Stat. 3388; Pub. L.

105-33, title X, Sec. 10209(b), Aug. 5, 1997, 111 Stat. 711; Pub.

L. 105-277, div. C, title VII, Sec. 713(c), Oct. 21, 1998, 112

Stat. 2681-693; Pub. L. 106-58, title VI, Sec. 638(f), Sept. 29,

1999, 113 Stat. 475; Pub. L. 106-422, Sec. 2(c), Nov. 1, 2000, 114

Stat. 1874; Pub. L. 107-189, Sec. 4(a), June 14, 2002, 116 Stat.

699; Pub. L. 107-217, Sec. 3(h)(3), Aug. 21, 2002, 116 Stat. 1299;

Pub. L. 107-296, title VIII, Sec. 889(a), Nov. 25, 2002, 116 Stat.

2250.)

-STATAMEND-

TERMINATION OF SUBSECTION (F)

For termination of subsection (f) of this section by section

275(b) of Pub. L. 99-177, as amended, see Effective and Termination

Dates of 1985 Amendment note below.

HISTORICAL AND REVISION NOTES

1982 ACT

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1105(a) 31:11(a)(less June 10, 1921, ch. 18, Sec.

(1)-(14) (5)(words after 2d 201(a), 42 Stat. 20; restated

comma)). Sept. 12, 1950, ch. 946, Sec.

102(a), 64 Stat. 832; Aug. 1,

1956, ch. 814, Sec. 1(a), 70

Stat. 782; Oct. 26, 1970, Pub.

L. 91-510, Sec. 221(a), 84

Stat. 1169; July 12, 1974,

Pub. L. 93-344, Secs. 603,

604, 88 Stat. 324.

31:19. June 10, 1921, ch. 18, Sec.

211, 42 Stat. 22; Reorg. Plan

No. 1 of 1939, eff. July 1,

1939, Sec. 1, 53 Stat. 1423;

Reorg. Plan No. 2 of 1970,

eff. July 1, 1970, Sec.

102(a), 84 Stat. 2085.

1105(a)( 31:11(d). June 10, 1921, ch. 18, 42

15) Stat. 20, Sec. 201(d)-(f),

(g)(last sentence)-(i)(1st

sentence); added July 12,

1974, Pub. L. 93-344, Sec.

601, 88 Stat. 323.

1105(a)( 31:11(e).

16)

1105(a)( 31:11(h).

17)

1105(a) 31:11(f).

(18)-(20)

1105(a)( 31:25 Oct. 18, 1962, Pub. L. 87-843,

21) Sec. 304(1st par.), 76 Stat.

1097; Reorg. Plan No. 2 of

1970, eff. July 1, 1970, Sec.

102(a), 84 Stat. 2085; Sept.

17, 1978, Pub. L. 95-367, Sec.

5(g)(2), 92 Stat. 603.

1105(a)( 31:11(i)(1st

22) sentence).

1105(a)( 31:11(note). Nov. 9, 1977, Pub. L. 95-164,

23) Sec. 305, 91 Stat. 1322.

1105(a)( 31:859. Dec. 6, 1945, ch. 557, Sec.

24) 204, 59 Stat. 601.

1105(b) 28:605(last par.).

31:11(a)(5)(words

after 2d comma).

1105(c) 31:13. June 10, 1921, ch. 18, Sec.

202, 42 Stat. 21.

1105(d) 31:11(g)(last

sentence).

--------------------------------------------------------------------

In the section, the word "current" is substituted for "in

progress", and the word "prior" is substituted for "last

completed", for consistency in the revised title.

In subsection (a), before clause (1), the text of 31:19 is

omitted as superseded by the broader authority of 31:11(a)(5). The

words "for the following fiscal year" are added for clarity. The

words "summary and supporting information" are substituted for

"summary data and text, and supporting detail" in the introductory

matter of 31:11(a) for consistency. The words "in such form and

detail as the President may determine" are omitted as unnecessary

because of the authority of the President under section 1104(a) of

the revised title to prepare the budget. The words "The President

shall . . . in each budget the following" are substituted for "The

Budget transmitted pursuant to subsection (a) of this section for

each fiscal year shall" in 31:11(d)-(f), (h), and (i) because of

the restatement. The word "President" is substituted for "Office of

Management and Budget" in 31:25 because sections 101 and 102(a) of

Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat.

2085) designated the Bureau of the Budget as the Office of

Management and Budget and transferred all functions of the Bureau

to the President. The words "in connection with the budget

presentation for fiscal year 1964 and each succeeding year

thereafter" are omitted as executed.

In subsection (a)(1), the words "information on" are added for

clarity.

In subsection (a)(2), the word "Government" is added for clarity.

In subsection (a)(3), the word "information" is substituted for

"data" for consistency.

In subsection (a)(5) and (6), the words "fiscal year for which

the budget is submitted" are substituted for "ensuing fiscal year"

the first time they appear for clarity. The words "the 4 fiscal

years after that year" are substituted for "projections for the

four fiscal years immediately following the ensuing fiscal year" to

eliminate unnecessary words.

In subsection (a)(6), the words "proposals . . . to increase

revenues" are substituted for "revenue proposals" for consistency

in the revised title.

In subsection (a)(7), the word "actual" is omitted as surplus.

In subsection (a)(8), the words "appropriations and" are

substituted for "actual or" for clarity.

In subsection (a)(9), the words "fiscal year for which the budget

is submitted" are substituted for "ensuing fiscal year" for

clarity.

In subsection (a)(10), the words "bonded and other" are omitted

as surplus.

In subsection (a)(11), the words "information the President

decides" are substituted for "statements and data as in his

opinion" for clarity and consistency. The word "desirable" is

substituted for "necessary or desirable" and the words "to explain"

are substituted for "in order to make known", to eliminate

unnecessary words.

In subsection (a)(12), before subclause (A), the word

"legislation" is substituted for "new or additional legislation" to

eliminate unnecessary words. The words "activity or function" are

substituted for "function, activity, or authority" for consistency.

The words "in addition to those functions, activities, and

authorities then existing or as then being administered and

operated" are omitted as surplus.

In subsection (a)(16), the words "fiscal year for which the

budget is submitted" are substituted for "such fiscal year" for

clarity.

In subsection (a)(17), the words "fiscal year following the

fiscal year for which the budget is submitted" are substituted for

"next succeeding fiscal year", the words "that following fiscal

year" are substituted for "such succeeding fiscal year", and the

words "fiscal year before" are substituted for "fiscal year

preceding", for clarity and consistency.

In subsection (a)(18), the words "uncontrollable or" are omitted

as being included in "relatively uncontrollable".

In subsection (a)(19) and (20), the word "receipts" is

substituted for "revenues" for consistency in the revised title.

Subsection (a)(20) is substituted for 31:11(f)(3) to eliminate

unnecessary words.

In subsection (a)(21), the words "the totality of" are omitted as

surplus.

In subsection (a)(22), the words "budget outlays" are substituted

for "outlays" for consistency. The words "beginning with the fiscal

year ending September 30, 1979" are omitted as executed.

In subsection (a)(23), the words "for appropriations" are

substituted for "amounts required for appropriations" to eliminate

unnecessary words. The words "for mine health and safety" and "for

occupational safety and health" are omitted as unnecessary because

of the restatement.

In subsection (a)(24), the words "(as defined in section 9101(2)

of this title)" are added because the subsection is based on a law

to which the defined term applies. The words "decides are

desirable" are substituted for "may wish to make" for consistency.

In subsection (b), the words "for such years" in

31:11(a)(5)(words after 2d comma) are omitted because of the

restatement. The words "of the United States" and "by him" are

omitted as surplus. The words "to be included in each budget under

subsection (a)(5) of this section" are added because of the

restatement. The words "before October 16" are substituted for "on

or before October 15", and the word "change" is substituted for

"revision", for consistency.

In subsection (c), the words "new taxes, loans, or other" are

omitted as being included in "appropriate action". The words "in

effect" are substituted for "existing" for consistency. The word

"aggregate" is omitted as surplus.

In subsection (d), the words "When the President submits a budget

or supporting information about a budget, the President" are

substituted for "The Budget transmitted pursuant to subsection (a)

of this section for any fiscal year, or the supporting detail

transmitted in connection therewith" because of the restatement.

The word "changes" is substituted for "amendments and revisions" to

eliminate unnecessary words.

1983 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1105(a)( 31 App.:11(k)(1). June 10, 1921, ch. 18, 42

25) Stat. 20, Sec. 201(k)(1);

added Sept. 8, 1982, Pub. L.

97-255, Sec. 3, 96 Stat. 815.

--------------------------------------------------------------------

The words "The President shall include in the supporting detail

accompanying each Budget" are omitted as being included in the

introductory provisions of 31:1105(a). The words "submitted on or

after January 1, 1983" are omitted as executed. The words "by the

President" and "if any" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in

subsec. (a)(23), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590,

as amended, which is classified principally to chapter 15 (Sec. 651

et seq.) of Title 29, Labor. For complete classification of this

Act to the Code, see Short Title note set out under section 651 of

Title 29 and Tables.

The Federal Mine Safety and Health Act of 1977, referred to in

subsec. (a)(23), is Pub. L. 91-173, Dec. 30, 1969, 83 Stat. 742, as

amended by Pub. L. 95-164, title I, Sec. 101, Nov. 9, 1977, 91

Stat. 1290, which is classified principally to chapter 22 (Sec. 801

et seq.) of Title 30, Mineral Lands and Mining. For complete

classification of this Act to the Code, see Short Title note set

out under section 801 of Title 30 and Tables.

Section 11(2) of the Inspector General Act of 1978, referred to

in subsec. (a)(25), is section 11(2) of Pub. L. 95-452, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

Section 5 of the Federal Workforce Restructuring Act of 1994,

referred to in subsec. (a)(30), is section 5 of Pub. L. 103-226,

which is set out as a note under section 3101 of Title 5,

Government Organization and Employees.

Section 257(b)(2) of the Balanced Budget and Emergency Deficit

Control Act of 1985, referred to in subsec. (a)(32), is classified

to section 907(b)(2) of Title 2, The Congress.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(33). Pub. L. 107-296 added par. (33) relating

to detailed, separate analysis of homeland security appropriations,

obligational authority, and outlays.

Subsec. (a)(34). Pub. L. 107-189 added par. (34).

Subsec. (g)(2)(B)(ii). Pub. L. 107-217, which directed amendment

of cl. (ii) to "strike 'section 901 of the Brooks

Architect-Engineers Act (40 U.S.C. 541)' and substitute section

'1102 of title 40' ", was executed by substituting "section 1102 of

title 40" for the words stricken to reflect the probable intent of

Congress.

2000 - Subsec. (a)(33). Pub. L. 106-422 added par. (33) relating

to separate account for Inspectors General Criminal Investigator

Academy and Inspectors General Forensic Laboratory.

1999 - Subsec. (a)(31). Pub. L. 106-58 added par. (31).

1998 - Subsec. (a)(26). Pub. L. 105-277 added par. (26) relating

to statement of appropriations requested for drug programs.

1997 - Subsec. (a)(32). Pub. L. 105-33 added par. (32).

1996 - Subsecs. (a)(26) to (31). Pub. L. 104-287 redesignated

pars. (27) to (31) as (26) to (30), respectively. Former par. (26)

previously terminated.

1994 - Subsec. (a)(26), (27). Pub. L. 103-272 renumbered par.

(26) as (27).

Subsec. (a)(30), (31). Pub. L. 103-322 added pars. (30) and (31).

Subsec. (g). Pub. L. 103-355 added subsec. (g).

1993 - Subsec. (a)(29). Pub. L. 103-62 added par. (29).

1990 - Subsec. (a). Pub. L. 101-508, Sec. 13112(c)(1),

substituted "On or after the first Monday in January but not later

than the first Monday in February of each year" for "On or before

the first Monday after January 3 of each year (or on or before

February 5 in 1986)".

Subsec. (a)(28). Pub. L. 101-576 added par. (28).

Subsec. (f). Pub. L. 101-508, Sec. 13112(c)(2), amended subsec.

(f) generally, substituting "The budget transmitted pursuant to

subsection (a) for a fiscal year shall be prepared in a manner

consistent with the requirements of the Balanced Budget and

Emergency Deficit Control Act of 1985 that apply to that and

subsequent fiscal years." for

"(f)(1) The budget transmitted pursuant to subsection (a) for a

fiscal year shall be prepared on the basis of the best estimates

then available, in such a manner as to ensure that the deficit for

such fiscal year shall not exceed the maximum deficit amount for

such fiscal year as determined under paragraph (7) of section 3 of

the Congressional Budget and Impoundment Control Act of 1974.

"(2) The deficit set forth in the budget so transmitted for any

fiscal year shall not exceed the maximum deficit amount for such

fiscal year as determined under paragraph (7) of section 3 of the

Congressional Budget and Impoundment Control Act of 1974, with

budget outlays and Federal revenues at such levels as the President

may consider most desirable and feasible.

"(3) The budget transmitted pursuant to subsection (a) for a

fiscal year shall include a budget baseline estimate made in

accordance with section 251(a)(6) of the Balanced Budget and

Emergency Deficit Control Act of 1985 and using economic and

technical assumptions consistent with the current services budget

submitted under section 1109 for the fiscal year. If such budget

baseline estimate differs from the estimate in the current services

budget, the President shall explain the differences. The budget

transmitted pursuant to subsection (a) for such fiscal year shall

include the information required by section 251(a)(2) of such Act

(other than account-level detail) assuming that the deficit in such

budget baseline were the amount estimated by the Director of the

Office of Management and Budget on August 25 of the calendar year

in which the fiscal year begins.

"(4) Paragraphs (1) and (2) shall not apply with respect to

fiscal year 1989 if the budget transmitted for such fiscal year

provides for deficit reduction from a budget baseline deficit for

such fiscal year (as defined by section 251(a)(6) of the Balanced

Budget and Emergency Deficit Control Act of 1985 and based on laws

in effect on January 1, 1988) equal to or greater than

$36,000,000,000.

"(5) Paragraphs (1) and (2) shall not apply if a declaration of

war by the Congress is in effect."

1988 - Subsec. (a)(25). Pub. L. 100-504 amended par. (25)

generally. Prior to amendment, par. (25) read as follows: "a

separate statement, for each agency having an Office of Inspector

General, of the amount of the appropriation requested for the

Office."

Subsec. (a)(26). Pub. L. 100-690, Secs. 1006, 1009, temporarily

added par. (26) relating to statement of appropriations requested

for drug programs. See Effective and Termination Dates of 1988

Amendments note below.

Pub. L. 100-418, Secs. 5301, 5303, temporarily added par. (26)

which read as follows: "an analysis, prepared by the Office of

Management and Budget after consultation with the chairman of the

Council of Economic Advisers, of the budget's impact on the

international competitiveness of United States business and the

United States balance of payments position and shall include the

following projections, based upon the best information available at

the time, for the fiscal year for which the budget is submitted -

"(A) the amount of borrowing by the Government in private

credit markets;

"(B) net domestic savings (defined as personal savings,

corporate savings, and the fiscal surplus of State and local

governments);

"(C) net private domestic investment;

"(D) the merchandise trade and current accounts;

"(E) the net increase or decrease in foreign indebtedness

(defined as net foreign investment); and

"(F) the estimated direction and extent of the influence of the

Government's borrowing in private credit markets on United States

dollar interest rates and on the real effective exchange rate of

the United States dollar."

See Effective and Termination Dates of 1988 Amendments note below.

1987 - Subsec. (f)(3) to (5). Pub. L. 100-119 added pars. (3) and

(4) and redesignated former par. (3) as (5).

1985 - Subsec. (a). Pub. L. 99-177, Sec. 241(a), substituted "On

or before the first Monday after January 3 of each year (or on or

before February 5 in 1986)" for "During the first 15 days of each

regular session of Congress".

Subsec. (f). Pub. L. 99-177, Secs. 241(b), 275(b), temporarily

added subsec. (f). See Effective and Termination Dates of 1985

Amendment note below.

1984 - Subsec. (e). Pub. L. 98-501 added subsec. (e).

1983 - Subsec. (a)(25). Pub. L. 97-452 added par. (25).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

Pub. L. 107-296, title VIII, Sec. 889(c), Nov. 25, 2002, 116

Stat. 2251, provided that: "This section [amending this section and

provisions set out as a note under section 2301 of Title 50, War

and National Defense, and repealing provisions set out as a note

under section 1113 of this title] and the amendment made by this

section shall apply beginning with respect to the fiscal year 2005

budget submission."

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-58 effective at noon on Jan. 20, 2001,

see section 638(h) of Pub. L. 106-58, set out as a note under

section 503 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

For effective date and applicability of amendment by Pub. L.

103-355, see section 10001 of Pub. L. 103-355, set out as a note

under section 251 of Title 41, Public Contracts.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS

Amendment by Pub. L. 100-690 effective Jan. 21, 1989, and

repealed Sept. 30, 1997, see sections 1012 and 1009, respectively,

of Pub. L. 100-690.

Section 5303 of Pub. L. 100-418 provided that: "The amendment

made by section 5301 [amending this section] shall be effective for

fiscal years 1989, 1990, 1991, and 1992, and shall be fully

reflected in the budgets submitted by the President as required by

section 1105(a) of title 31, United States Code, for each such

fiscal year, and the amendment made by section 5302 [amending

section 632 of Title 2, The Congress] shall be effective for fiscal

years 1989, 1990, 1991, and 1992."

Amendment by Pub. L. 100-504 effective 180 days after Oct. 18,

1988, see section 113 of Pub. L. 100-504, set out as an Effective

Date of 1988 Amendment note under section 5 of Pub. L. 95-452

[Inspector General Act of 1978] in the Appendix to Title 5,

Government Organization and Employees.

EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT

Amendment of subsec. (a) and enactment of subsec. (f) of this

section by Pub. L. 99-177 effective Dec. 12, 1985, and applicable

with respect to fiscal years beginning after Sept. 30, 1985, but

with subsec. (f) to expire Sept. 30, 2002, see section 275(a)(1),

(b) of Pub. L. 99-177, as amended, set out as an Effective and

Termination Dates note under section 900 of Title 2, The Congress.

CONSTRUCTION OF 1993 AMENDMENT

Amendment made by Pub. L. 103-62 not to be construed as 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 not an officer or employee of the United

States acting in such capacity to have standing to file any civil

action in any court of the United States to enforce any amendment

made by Pub. L. 103-62, or to be construed as superseding any

statutory requirement, see section 10 of Pub. L. 103-62, set out as

a Construction note under section 1115 of this title.

TRANSPORTATION SECURITY ADMINISTRATION

Pub. L. 107-71, title I, Sec. 142, Nov. 19, 2001, 115 Stat. 644,

provided that: "The President's budget submission for fiscal year

2003 and each fiscal year thereafter shall reflect the

establishment of the Transportation Security Administration."

[For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

551(d), 552(d), and 557 of Title 6, Domestic Security, and the

Department of Homeland Security Reorganization Plan of November 25,

2002, as modified, set out as a note under section 542 of Title 6.]

ANNUAL STATEMENT AND REPORT ON RULES AND REGULATIONS

Pub. L. 106-554, Sec. 1(a)(3) [title VI, Sec. 624], Dec. 21,

2000, 114 Stat. 2763, 2763A-161, provided that:

"(a) In General. - For calendar year 2002 and each year

thereafter, the Director of the Office of Management and Budget

shall prepare and submit to Congress, with the budget submitted

under section 1105 of title 31, United States Code, an accounting

statement and associated report containing -

"(1) an estimate of the total annual costs and benefits

(including quantifiable and nonquantifiable effects) of Federal

rules and paperwork, to the extent feasible -

"(A) in the aggregate;

"(B) by agency and agency program; and

"(C) by major rule;

"(2) an analysis of impacts of Federal regulation on State,

local, and tribal government, small business, wages, and economic

growth; and

"(3) recommendations for reform.

"(b) Notice. - The Director of the Office of Management and

Budget shall provide public notice and an opportunity to comment on

the statement and report under subsection (a) before the statement

and report are submitted to Congress.

"(c) Guidelines. - To implement this section, the Director of the

Office of Management and Budget shall issue guidelines to agencies

to standardize -

"(1) measures of costs and benefits; and

"(2) the format of accounting statements.

"(d) Peer Review. - The Director of the Office of Management and

Budget shall provide for independent and external peer review of

the guidelines and each accounting statement and associated report

under this section. Such peer review shall not be subject to the

Federal Advisory Committee Act (5 U.S.C. App.)."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-58, title VI, Sec. 628, Sept. 29, 1999, 113 Stat.

472.

Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 638], Oct.

21, 1998, 112 Stat. 2681-480, 2681-525.

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

Pub. L. 106-159, title I, Sec. 107(b), Dec. 9, 1999, 113 Stat.

1758, provided that: "The President's budget submission for fiscal

year 2001 and each fiscal year thereafter shall reflect the

establishment of the Federal Motor Carrier Safety Administration in

accordance with this Act [see Tables for classification]."

ADMINISTRATIVE EXPENSES OF LEGISLATIVE BRANCH ENTITIES; SEPARATE

CATEGORIES; COMPLIANCE REPORTING

Pub. L. 103-69, title III, Sec. 308, Aug. 11, 1993, 107 Stat.

710, as amended by Pub. L. 104-316, title I, Sec. 115(c), Oct. 19,

1996, 110 Stat. 3834, for fiscal years 1995, 1996, and 1997,

required submissions in support of amounts included in Budget for

each entity of the legislative branch to set forth a separate

category for administrative expenses, for fiscal years 1993 and

1994, required administrative expenses for each entity of the

legislative branch to be calculated and submitted in a separate

category in same format as if submitted in support of amounts

included in the Budget, for fiscal years 1994, 1995, 1996, and

1997, required submissions in the separate category for

administrative expenses for each entity of the legislative branch

to include reductions by a specific percentage for fiscal years

1994 to 1997, and authorized the Comptroller General to carry out

compliance reporting under this section.

SEPARATE OBJECT CLASS FOR CONSULTING SERVICES IN ANNUAL BUDGETS

Pub. L. 102-394, title V, Sec. 512, Oct. 6, 1992, 106 Stat. 1826,

which directed the Office of Management and Budget to establish

funding for consulting services for each department and agency as

separate object class in each budget annually submitted to Congress

under this section, was repealed and restated in subsec. (g) of

this section by Pub. L. 103-355, title II, Sec. 2454(a), (b), Oct.

13, 1994, 108 Stat. 3326.

NASA TRIENNIAL BUDGET REQUESTS AND ESTIMATES

Pub. L. 100-685, title I, Sec. 104, Nov. 17, 1988, 102 Stat.

4086, provided that: "Commencing in fiscal year 1990 and every year

thereafter, the President shall submit to Congress a budget request

for the National Aeronautics and Space Administration for the

immediate fiscal year and the following fiscal year, and include

budget estimates for the third fiscal year."

TWO-YEAR BUDGET CYCLE FOR COAST GUARD

Pub. L. 102-241, Sec. 11, Dec. 19, 1991, 105 Stat. 2212, provided

that: "Notwithstanding another law, the President is not required

to submit a two-year budget request for the Coast Guard until the

President is required to submit a two-year budget request for the

Department of Transportation."

[For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.]

Pub. L. 100-448, Sec. 24, Sept. 28, 1988, 102 Stat. 1847,

provided that:

"(a) Opinion of Congress. - It is the opinion of the Congress

that the programs and activities of the Coast Guard could be more

effectively and efficiently planned and managed if funds for the

Coast Guard were provided on a 2-year cycle rather than annually.

"(b) Submission of 2-Year Budget by President. - The President

shall include in the budget for fiscal year 1990 submitted to the

Congress pursuant to section 1105 of title 31, United States Code,

a single proposed budget for the Coast Guard for fiscal years 1990

and 1991. Thereafter, the President shall submit a proposed 2-year

budget for the Coast Guard every other year.

"(c) Report. - Not later than October 1, 1988, the Secretary of

the department in which the Coast Guard is operating shall submit

to the Committee on Commerce, Science, and Transportation and the

Committee on Appropriations of the Senate and to the Committee on

Merchant Marine and Fisheries and the Committee on Appropriations

of the House of Representatives a report containing -

"(1) the Secretary's views on the advantages and disadvantages

of operating the Coast Guard on a 2-year budget cycle;

"(2) the Secretary's plans for converting to a 2-year budget

cycle; and

"(3) a description of any impediments (statutory or otherwise)

to converting the operations of the Coast Guard to a 2-year

budget cycle beginning with fiscal year 1990."

[For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.]

WATER AND SEWER SERVICES FURNISHED TO GOVERNMENT FACILITIES IN

DISTRICT OF COLUMBIA

Pub. L. 100-202, Sec. 101(c) [title I, Sec. 136], Dec. 22, 1987,

101 Stat. 1329-90, 1329-102, provided that: "After the effective

date of this Joint Resolution [Dec. 22, 1987], the President shall

include, without change, in each annual budget submitted to the

Congress under section 1105 of title 31, United States Code, the

values estimated by the Mayor of the District of Columbia for water

and water services and sanitary sewer services furnished to

facilities of the United States Government under sections 106 and

212 of the District of Columbia Public Works Act of 1954, as

amended (D.C. Code, sections 43-1552, 43-1612)."

TWO-YEAR BUDGET CYCLE FOR DEPARTMENT OF DEFENSE

Pub. L. 99-145, title XIV, Sec. 1405, Nov. 8, 1985, 99 Stat. 744,

provided that:

"(a) Findings. - The Congress finds that the programs and

activities of the Department of Defense could be more effectively

and efficiently planned and managed if funds for the Department

were provided on a two-year cycle rather than annually.

"(b) Requirement for Two-Year Budget Proposal. - The President

shall include in the budget submitted to the Congress pursuant to

section 1105 of title 31, United States Code, for fiscal year 1988

a single proposed budget for the Department of Defense and related

agencies for fiscal years 1988 and 1989. Thereafter, the President

shall submit a proposed two-year budget for the Department of

Defense and related agencies every other year.

"(c) Report. - Not later than April 1, 1986, the Secretary of

Defense shall submit to the Committees on Armed Services and on

Appropriations of the Senate and House of Representatives a report

containing the Secretary's views on the following:

"(1) The advantages and disadvantages of operating the

Department of Defense and related agencies on a two-year budget

cycle.

"(2) The Secretary's plans for converting to a two-year budget

cycle.

"(3) A description of any impediments (statutory or otherwise)

to converting the operations of the Department of Defense and

related agencies to a two-year budget cycle beginning with fiscal

year 1988."

FEDERAL CAPITAL INVESTMENT PROGRAM; CONGRESSIONAL STATEMENT OF

PURPOSES

Section 202 of Pub. L. 98-501 provided that: "The purposes of

this title [amending this section and enacting provisions set out

as notes under this section and section 1101 of this title] are -

"(1) to provide budget projections for major Federal capital

investment programs;

"(2) to provide a summary of the most recent needs assessment

analyses for these programs;

"(3) to provide information on the sensitivity of the needs

estimates to major policy issues and technical and economic

variables;

"(4) to assist the planning capabilities of State and local

governments on the assessment of major capital investment

programs; and

"(5) to improve legislative oversight over Federal capital

investment programs."

-EXEC-

DEFICIT REDUCTION FUND

For provisions requiring information about Deficit Reduction

Fund, including a separate statement of amounts in and Federal debt

redeemed by that Fund to be included in budget transmitted under

this section, see Ex. Ord. No. 12858, Sec. 3, Aug. 4, 1993, 58 F.R.

42185, set out as a note under section 900 of Title 2, The

Congress.

BUDGET CONTROL

For provisions requiring annual review of direct spending and

receipts to be part of each budget submitted under subsec. (a) of

this section, see Ex. Ord. No. 12857, Sec. 3, Aug. 4, 1993, 58 F.R.

42181, set out as a note under section 900 of Title 2, The

Congress.

EX. ORD. NO. 6715. FILING OF FUNCTIONAL ORGANIZATION CHARTS WITH

THE DIRECTOR OF THE BUREAU OF THE BUDGET

Ex. Ord. No. 6715, May 23, 1934, provided:

(1) Each executive department, independent establishment, and

emergency agency shall file with the Director of the Bureau of the

Budget [now Director of Office of Management and Budget] a

functional organization chart, indicating its various existing

bureaus, divisions, sections, etc., and containing a description of

the functions respectively performed, and shall file such

additional charts from time to time, as may be necessary to show

all changes made therein.

(2) Every executive department, independent establishment, and

emergency agency hereafter created shall within 5 days after the

appointment of the head thereof file a preliminary functional

organization chart with the Director of the Bureau of the Budget.

(3) The Director of the Bureau of the Budget is hereby authorized

to prescribe, subject to the approval of the President, such rules

and regulations as will indicate the information desired and the

form of chart to be furnished.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1104, 1106, 1107, 1115,

1118, 1119, 1554, 5134, 6503, 9103, 9109, 9703 of this title; title

2 sections 632, 655, 900, 901, 904; title 5 sections 1204, 8472;

title 6 sections 162, 214, 453, 454; title 7 section 5603; title 10

sections 113, 113a, 114, 115, 115a, 118, 118a, 119, 139, 153, 168,

179, 221, 222, 223, 224, 226, 231, 483, 484, 1115, 1465, 1741,

2006, 2208, 2212, 2216, 2217, 2224, 2304a, 2304b, 2306b, 2350a,

2359b, 2431, 2433, 2475, 2515, 2521, 2703, 2721, 2809, 2815, 2835,

2836, 2859, 2884, 4342, 4541, 6954, 7902, 9342, 10543; title 14

sections 663, 688, 692; title 15 sections 1022, 2935, 4626; title

20 section 76j; title 21 sections 1509, 1703; title 22 section

5959; title 25 sections 450j-1, 458dd, 458aaa-12, 1621, 1671, 2008,

2015, 2504, 3803, 4043; title 29 section 762a; title 38 sections

312, 530, 3734, 7101, 7439, 7440, 8107, 8110, 8111, 8122; title 39

section 2009; title 40 sections 11302, 11303, 11315, 11318, 17505,

17507; title 41 sections 253h, 253i, 433; title 42 sections 2286e,

7274c, 7274g, 7274n, 8255, 11710, 13474; title 44 sections 3534,

3544; title 50 sections 404a, 404b, 404d, 415a, 1906, 2353, 2426,

2451, 2452, 2453.

-FOOTNOTE-

(!1) So in original. Another par. (33) is set out after par. (34).

(!2) So in original. Another par. (33) is set out preceding par.

(34).

-End-

-CITE-

31 USC Sec. 1106 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1106. Supplemental budget estimates and changes

-STATUTE-

(a) Before July 16 of each year, the President shall submit to

Congress a supplemental summary of the budget for the fiscal year

for which the budget is submitted under section 1105(a) of this

title. The summary shall include -

(1) for that fiscal year -

(A) substantial changes in or reappraisals of estimates of

expenditures and receipts;

(B) substantial obligations imposed on the budget after its

submission;

1105(a)(8) and (9)(B) and (C) of this title; and

(D) additional information the President decides is advisable

to provide Congress with complete and current information about

the budget and current estimates of the functions, obligations,

requirements, and financial condition of the United States

Government;

(2) for the 4 fiscal years following the fiscal year for which

the budget is submitted, information on estimated expenditures

for programs authorized to continue in future years, or that are

considered mandatory, under law; and

(3) for future fiscal years, information on estimated

expenditures of balances carried over from the fiscal year for

which the budget is submitted.

(b) Before July 16 of each year, the President shall submit to

Congress a statement of changes in budget authority requested,

estimated budget outlays, and estimated receipts for the fiscal

year for which the budget is submitted (including prior changes

proposed for the executive branch of the Government) that the

President decides are necessary and appropriate based on current

information. The statement shall include the effect of those

changes on the information submitted under section 1105(a)(1)-(14)

and (b) of this title and shall include supporting information as

practicable. The statement submitted before July 16 may be included

in the information submitted under subsection (a)(1) of this

section.

supplemental summaries submitted under this section to the same

extent that such subsection applies to the budget submitted under

section 1105(a) to which such revisions and summaries relate.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 911; Pub. L. 99-177,

title II, Sec. 242, Dec. 12, 1985, 99 Stat. 1063.)

-STATAMEND-

TERMINATION OF SUBSECTION (C)

For termination of subsection (c) of this section by section

275(b) of Pub. L. 99-177, as amended, see Effective and Termination

Dates of 1985 Amendment note below.

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1106(a) 31:11(b), (c). June 10, 1921, ch. 18, 42

Stat. 20, Sec. 201(b), (c);

added Aug. 25, 1958, Pub. L.

85-759, Sec. 1, 72 Stat. 852;

restated Oct. 26, 1970, Pub.

L. 91-510, Sec. 221(b), 84

Stat. 1169; July 12, 1974,

Pub. L. 93-344, Sec. 602, 88

Stat. 324.

1106(b) 31:11(g)(1st-3d June 10, 1921, ch. 18, 42

sentences). Stat. 20, Sec. 201(g)(1st-3d

sentences); added July 12,

1974, Pub. L. 93-344, Sec.

601, 88 Stat. 323.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "Before July 16"

are substituted for "on or before July 15" for consistency. The

words "budget for the fiscal year for which the budget is

submitted" are substituted for "Budget for the ensuing fiscal year

transmitted to the Congress by the President" to eliminate

unnecessary words and for consistency in the chapter. The words "in

such form and detail as he may determine" are omitted as

unnecessary. In clause (1)(D), the words "in summary form" and

"summary of" are omitted as unnecessary. The word "necessary" is

omitted as being included in "advisable". In clauses (2) and (3),

the word "information" is substituted for "summaries" because of

the restatement. In clause (2), the words "programs authorized to

continue in future years, or that are considered mandatory, under

law" are substituted for "continuing programs which have a legal

commitment for future years or are considered mandatory under

existing law" for consistency.

In subsection (b), the words "Before April 11 and July 16" are

substituted for "on or before April 10 and July 15", the word

"changes" is substituted for "all amendments to or revisions in",

and the words "budget outlays" are substituted for "outlays", the

words "fiscal year for which the budget is submitted" are

substituted for "ensuing fiscal year set forth in the Budget

transmitted pursuant to subsection (a) of this section", for

consistency. The word "information" is substituted for "summary

data" because of the restatement.

-MISC1-

AMENDMENTS

1985 - Subsec. (b). Pub. L. 99-177, Sec. 242(a), struck out

"April 11 and" before "July 16".

Subsec. (c). Pub. L. 99-177, Secs. 242(b), 275(b), temporarily

added subsec. (c), which read as follows: "Subsection (f) of

section 1105 shall apply to revisions and supplemental summaries

submitted under this section to the same extent that such

subsection applies to the budget submitted under section 1105(a) to

which such revisions and summaries relate." See Effective and

Termination Dates of 1985 Amendment note below.

EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, but with subsec. (c) to expire Sept. 30, 2002, see section

275(a)(1), (b) of Pub. L. 99-177, as amended, set out as an

Effective and Termination Dates note under section 900 of Title 2,

The Congress.

-End-

-CITE-

31 USC Sec. 1107 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1107. Deficiency and supplemental appropriations

-STATUTE-

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.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 911.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1107 31:14. June 10, 1921, ch. 18, Sec.

203, 42 Stat. 21; restated

Sept. 12, 1950, ch. 946, Sec.

102(b), 64 Stat. 833.

--------------------------------------------------------------------

In the section, the words "reach an aggregate which" are omitted

as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1104 of this title.

-End-

-CITE-

31 USC Sec. 1108 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1108. Preparation and submission of appropriations requests to

the President

-STATUTE-

(a) In this section (except subsections (b)(1) and (e)), "agency"

means a department, agency, or instrumentality of the United States

Government.

(b)(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.

(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.

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.

(d) To the extent practicable, the head of an agency shall -

(1) provide information supporting the agency's budget request

for its missions by function and subfunction (including the

mission of each organizational unit of the agency); and

(2) relate the agency's programs to its missions.

(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.

(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.

(g) Amounts available under law are available for field

examinations of appropriation estimates. The use of the amounts is

subject only to regulations prescribed by the appropriate standing

committees of Congress.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 912.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1108(a) (no source).

1108(b)( 31:16(last sentence June 10, 1921, ch. 18, Sec.

1) related to 207(last sentence related to

appropriations appropriations requests), 42

requests). Stat. 22; restated Sept. 12,

1950, ch. 946, Sec. 102(e), 64

Stat. 833; Reorg. Plan No. 2

of 1970, eff. July 1, 1970,

Sec. 102(a), 84 Stat. 2085.

31:22, 23. June 10, 1921, ch. 18, Secs.

214, 215, 42 Stat. 23;

restated Sept. 12, 1950, ch.

946, Sec. 102(f), (g), 64

Stat. 833; Reorg. Plan No. 2

of 1970, eff. July 1, 1970,

Sec. 102(a), 84 Stat. 2085.

31:24(a). June 10, 1921, ch. 18, Sec.

216(a), 42 Stat. 23; restated

Sept. 12, 1950, ch. 946, Sec.

102(h), 64 Stat. 834; Aug. 1,

1956, ch. 814, Sec. 1(b), 70

Stat. 782; Reorg. Plan No. 2

of 1970, eff. July 1, 1970,

Sec. 102(a), 84 Stat. 2085.

31:24(b), (c). June 10, 1921, ch. 18, 42

Stat. 20, Sec. 216(b), (c);

added Aug. 1, 1956, ch. 814,

Sec. 1(b), 70 Stat. 782.

1108(b)( 31:581b. Sept. 12, 1950, ch. 946, Sec.

2) 201, 64 Stat. 838; Reorg.

Plan. No. 2 of 1970, eff. July

1, 1970, Sec. 102(a), 84 Stat.

2085.

1108(c) 31:200(b). Aug. 26, 1954, ch. 935, Sec.

1311(b), 68 Stat. 830;

restated July 8, 1959, Pub. L.

86-79, Sec. 210(a), 73 Stat.

167; Reorg. Plan No. 2 of

1970, eff. July 1, 1970, Sec.

102(a), 84 Stat. 2085.

31:200(c). Aug. 26, 1954, ch. 935, Sec.

1311(c), 68 Stat. 831.

1108(d) 31:11(i)(last June 10, 1921, ch. 18, 42

sentence). Stat. 20, Sec. 201(i)(last

sentence); added July 12,

1974, Pub. L. 93-344, Sec.

601, 88 Stat. 323.

1108(e) 31:15. June 10, 1921, ch. 18, Sec.

206, 42 Stat. 21.

1108(f) 31:11(j). June 10, 1921, ch. 18, 42

Stat. 20, Sec. 201(j); added

Feb. 5, 1976, Pub. L. 94-210,

Sec. 311, 90 Stat. 60.

1108(g) 31:22a. Aug. 7, 1953, ch. 340, Sec.

1314, 67 Stat. 438.

--------------------------------------------------------------------

Subsection (a) is included because the source provisions restated

in subsections (c), (d), (f), and (g) of the revised section are

derived from laws that apply to all organizational units and

branches of the United States Government rather than the units and

branches included in the chapter-wide definition in section 1101.

In subsection (b)(1), the word "President" is substituted for

"Office" in 31:16(last sentence) and "Office of Management and

Budget" in 31:23 and 24(a) because sections 101 and 102(a) of

Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat.

2085) designated the Bureau of the Budget as the Office of

Management and Budget and transferred all functions of the Bureau

to the President. The words "prepare" is substituted for "prepare

or cause to be prepared" in 31:22 to eliminate unnecessary words.

The word "appropriations" is substituted for "regular,

supplementary, or deficiency appropriations" in 31:22 and 24(a) to

eliminate unnecessary words. The words "in each year" are omitted

as surplus. The words "in the form prescribed by the President

under this chapter and by the date established by the President"

are substituted for "on or before a date which the President shall

determine" in 31:23, and "as the President may determine in

accordance with the provisions of section 11 of this title" and "in

such manner and at such times as may be determined by the

President" in 31:24, to eliminate unnecessary words and to provide

a cross-reference to the authority of the President to prepare and

submit budgets and appropriations request. The words "prepare the

request for the agency to be included in the budget or changes in

the budget or as deficiency or supplemental appropriations" are

substituted for "cause such requests to be prepared as are

necessary to enable him to include such requests with the Budget in

respect to the work of such department or establishment" in 31:23

for clarity and because of the restatement. The word "change" is

substituted for "assemble, correlate, revise, reduce, or increase"

in 31:16 (last sentence) to eliminate unnecessary words. The words

"The head of the agency shall use" are substituted for "shall be

used by all departments and establishments and their subordinate

units" and "shall be made on the basis of" in 31:24 as being more

precise. The word "operation" is omitted as being included in

"administer". The word "amounts" is substituted for "funds" for

consistency in the revised title. The word "divide" is substituted

for "administrative subdivisions" because of the restatement.

In subsection (b)(2), the words "deficiency or supplemental

appropriations" are substituted for "subsequent appropriations" for

consistency. The words "the Office of Management and Budget" are

omitted because sections 101 and 102(a) of Reorganization Plan No.

2 of 1970 designated the Bureau of the Budget as the Office of

Management and Budget and transferred all functions of the Bureau

to the President. The words "the agency" are substituted for "by

such department or establishment, or by any organization unit

thereof" to eliminate unnecessary words.

In subsection (c), before clause (1), the word "President" is

substituted for "Office of Management and Budget" in 31:200(b)

because sections 101 and 102(a) of Reorganization Plan No. 2 of

1970 designated the Bureau of the Budget as the Office of

Management and Budget and transferred all functions of the Bureau

to the President. The words "submitted with the request contains

obligations consistent with" are substituted for "furnished

therewith consists of valid obligations as defined in" for clarity

and because of the restatement. The words "The head of the agency

shall support the report with a certification of the consistency"

are substituted for "Each report made pursuant to subsection (b) of

this section shall be supported by certifications" in 31:200(c) for

clarity. The words "duty to make certifications" are substituted

for "responsibility" for consistency.

In subsection (d)(1), the words "its missions" are substituted

for "its assigned mission", and the words "the mission" are

substituted for "mission responsibilities", to eliminate

unnecessary words.

In subsection (d)(2), the word "mission" is substituted for

"agency missions" to eliminate unnecessary words.

In subsection (e), the words "Except as provided in subsection

(f) of this section" are added because of the restatement. The word

"financial" is substituted for "revenue" for consistency in the

revised title.

In subsection (f), the word "personnel" is substituted for

"manpower", and the words "at the same time" are substituted for

"concurrently", for clarity. The words "officer of an agency" are

substituted for "officer or agency" as being more precise. The word

"prohibit" is omitted as being included in "impose conditions on or

impair". The word "communication" is substituted for "free

communication" to eliminate a surplus word. The words "about the

information" are substituted for "with respect to any budget

estimate or request of the Commission" for consistency and to

eliminate unnecessary words.

In subsection (g), the word "Amounts" is substituted for "Funds",

the word "law" is substituted for "Act", and the words "regulations

prescribed" are substituted for "regulations", for consistency in

the revised title. The words "of Congress" are added for clarity.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of Title 49, Transportation, and section 101 of Pub. L.

104-88, set out as a note under section 701 of Title 49. References

to Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of Title 49.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1554, 3512 of this title;

title 15 section 2935; title 19 section 2345; title 40 section

17504; title 42 section 300j-12; title 49 section 5309.

-End-

-CITE-

31 USC Sec. 1109 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1109. Current programs and activities estimates

-STATUTE-

(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.

(b) The Joint Economic Committee shall review the estimated

budget outlays and proposed budget authority and submit an economic

evaluation of the budget outlays and budget authority to the

Committees on the Budget of both Houses before March 1 of each

year.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 913; Pub. L. 99-177,

title II, Sec. 222, Dec. 12, 1985, 99 Stat. 1060.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1109(a) 31:11a(a). July 12, 1974, Pub. L. 93-344,

Sec. 605, 88 Stat. 325.

1109(b) 31:11a(b).

--------------------------------------------------------------------

In the section, the words "budget outlays" are substituted for

"outlays" for consistency in the revised title.

In subsection (a), the words "Before November 11" are substituted

for "On or before November 10", the words "both Houses of Congress"

are substituted for "the Senate and the House of Representatives",

the word "following" is substituted for "ensuing", and the word

"current" is substituted for "in progress", for consistency. The

words "(beginning with 1975)" are omitted as executed. The words

"of the United States Government" are added for clarity. The words

"in such programs and activities" are omitted as surplus. The words

"The President shall state" are substituted for "shall be shown",

and the words "The President also shall include" are substituted

for "Accompanying these estimates shall be", because of the

restatement.

In subsection (b), the words "so submitted" are omitted as

unnecessary. The words "before January 1" are substituted for "on

or before December 31" for consistency.

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-177, Sec. 222(a), substituted "On

or before the first Monday after January 3 of each year (on or

before February 5 in 1986)" for "Before November 11 of each year".

Subsec. (b). Pub. L. 99-177, Sec. 222(b), substituted "March 1"

for "January 1".

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of Title 2,

The Congress.

-End-

-CITE-

31 USC Sec. 1110 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1110. Year-ahead requests for authorizing legislation

-STATUTE-

A request to enact legislation authorizing new budget authority

to continue a program or activity for a fiscal year shall be

submitted to Congress before May 16 of the year before the year in

which the fiscal year begins. If a new program or activity will

continue for more than one year, the request must be submitted for

at least the first and 2d fiscal years.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 913.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1110 31:11c. July 12, 1974, Pub. L. 93-344,

Sec. 607, 88 Stat. 325.

--------------------------------------------------------------------

The words "Notwithstanding any other provision of law" are

omitted as unnecessary. The words "the enactment of" before "new"

are omitted as surplus. The words "(beginning with the fiscal year

commencing October 1, 1976)" are omitted as executed. The words "a

request for the enactment of legislation authorizing the enactment

of new budget authority for" are omitted for consistency in the

chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 43 section 1748.

-End-

-CITE-

31 USC Sec. 1111 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1111. Improving economy and efficiency

-STATUTE-

To improve economy and efficiency in the United States

Government, the President shall -

(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;

services; and

(D) regrouping of services; and

(2) evaluate and develop improved plans for the organization,

coordination, and management of the executive branch of the

Government.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 913.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1111 31:18. June 10, 1921, ch. 18, Sec.

209, 42 Stat. 22; Reorg. Plan

No. 1 of 1939, eff. July 1,

1939, Sec. 1, 53 Stat. 1423;

Reorg. Plan No. 2 of 1970,

eff. July 1, 1970, Sec.

102(a), 84 Stat. 2085.

31:18a. Sept. 12, 1950, ch. 946, Sec.

104, 64 Stat. 834; Reorg. Plan

No. 2 of 1970, eff. July 1,

1970, Sec. 102(a), 84 Stat.

2085.

--------------------------------------------------------------------

In the section, before clause (1), the words "To improve economy

and efficiency in the United States Government" are substituted for

"(with a view of securing greater economy and efficiency in the

conduct of the public service)" in 31:18 and "with a view to

efficient and economical service" in 31:18a to eliminate

unnecessary words. The word "President" is substituted for "Office

of Management and Budget, when directed by the President" in 31:18

and "President, through the Director of the Office of Management

and Budget" in 31:18a because sections 101 and 102(a) of

Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat.

2085) designated the Bureau of the Budget as the Office of

Management and Budget and transferred all functions of the Bureau

to the President. In clause (1), the words "existing" and

"detailed" are omitted as surplus.

-EXEC-

REGULATORY REDUCTIONS

For provisions requiring executive departments and agencies to

undertake to eliminate not less than 50 percent of its civilian

internal management regulations not required by law, see Ex. Ord.

No. 12861, Sept. 11, 1993, 58 F.R. 48255, set out as a note under

section 601 of Title 5, Government Organization and Employees.

-End-

-CITE-

31 USC Sec. 1112 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1112. Fiscal, budget, and program information

-STATUTE-

(a) In this section, "agency" means a department, agency, or

instrumentality of the United States Government except a

mixed-ownership Government corporation.

(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.

(1) in cooperation with the Secretary, the Director of the

Office of Management and Budget, and the Director of the

Congressional Budget Office, shall establish, maintain, and

publish standard terms and classifications for fiscal, budget,

and program information of the Government, including information

on fiscal policy, receipts, expenditures, programs, projects,

activities, and functions;

(2) when advisable, shall report to Congress on those terms and

classifications, and recommend legislation necessary to promote

the establishment, maintenance, and use of standard terms and

classifications by the executive branch of the Government; and

(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.

(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.

(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.

(f) In cooperation with the Director of the Congressional Budget

Office, the Comptroller General, and appropriate representatives of

State and local governments, the Director of the Office of

Management and Budget (to the extent practicable) shall provide

State and local governments with fiscal, budget, and program

information necessary for accurate and timely determination by

those governments of the impact on their budgets of assistance of

the United States Government.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 913.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1112(a) 31:1157. Oct. 26, 1970, Pub. L. 91-510,

Sec. 207, 84 Stat. 1168.

1112(b) 31:1151. Oct. 26, 1970, Pub. L. 91-510,

Secs. 201, 202(a), (b),

203(d), 84 Stat. 1167, 1168;

restated July 12, 1974, Pub.

L. 93-344, Sec. 801(a), 88

Stat. 327, 328, 329.

1112(c) 31:1152(a)(1)(1st,

2d sentences), (2),

(b).

1112(d) 31:1152(a)(1)(last

sentence).

1112(e) 31:18c. Sept. 12, 1950, ch. 946, 64

Stat. 832, Sec. 106; added

Aug. 1, 1956, ch. 814, Sec.

2(a), 70 Stat. 782; Reorg.

Plan No. 2 of 1970, eff. July

1, 1970, Sec. 102(a), 84 Stat.

2085.

1112(f) 31:1153(d).

--------------------------------------------------------------------

In the section, the words "program information" are substituted

for "program-related data and information" to eliminate unnecessary

words.

In subsection (a), the words " 'agency' . . . of the United

States Government except a mixed-ownership Government corporation"

are substituted for " 'Federal agency' . . . wholly owned

Government corporation" for clarity and consistency in the revised

title and with other titles of the United States Code. The word

"establishment" is omitted as surplus. The words "government of the

District of Columbia" are omitted as superseded by sections

441-455, 501, and 736 of the District of Columbia Self-Government

and Governmental Reorganization Act (Pub. L. 93-198, 87 Stat. 798,

812, 823).

In subsections (b) and (c)(1), the word "develop" is omitted as

being included in "establish".

In subsection (b), the words "The development, establishment, and

maintenance of such systems shall be carried out so as" are omitted

as unnecessary because of the restatement.

In subsection (c)(1) and (2), the words "terms and

classifications" are substituted for "terminology, definitions,

classifications, and codes" to eliminate unnecessary words. In

clause (1), the words "The authority contained in this section

shall include, but not be limited to" are omitted as surplus. In

clause (2), the words "After June 30, 1975" are omitted as

executed. The word "additional" is omitted as surplus. The words

"establishment, maintenance, and use of" are substituted for

"development, establishment, and maintenance, modification . . .

implementation" to eliminate unnecessary words and for consistency

in the revised section. The words "by the executive branch of the

Government" are substituted for "executive" for clarity. The text

of 31:1152(a)(2)(1st sentence) is omitted as executed. In clause

(3), the words "this subsection" are substituted for "this

responsibility" because of the restatement.

In subsection (c)(1), the word "revenues" is omitted as being

included in "receipts". The word "spending" is substituted for

"expenditures" for consistency in the revised title.

In subsection (e), the word "President" is substituted for

"Director of the Office of Management and Budget" because sections

101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1,

1970, 84 Stat. 2085) designated the Bureau of the Budget as the

Office of Management and Budget and transferred all functions of

the Bureau to the President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 719, 1113 of this title.

-End-

-CITE-

31 USC Sec. 1113 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1113. Congressional information

-STATUTE-

(a)(1) When requested by a committee of Congress having

jurisdiction over receipts or appropriations, the President shall

provide the committee with assistance and information.

(2) When requested by a committee of Congress, additional

information related to the amount of an appropriation originally

requested by an Office of Inspector General shall be submitted to

the committee.

(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.

Office, the Secretary, and the Director of the Office of Management

and Budget, the Comptroller General shall -

(1) establish and maintain a current directory of sources of,

and information systems for, fiscal, budget, and program

information and a brief description of the contents of each

source and system;

(2) when requested, provide assistance to committees of

Congress and members of Congress in obtaining information from

the sources in the directory; and

(3) when requested, provide assistance to committees and, to

the extent practicable, to members of Congress in evaluating the

information obtained from the sources in the directory.

(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.

(e)(1) The Comptroller General shall -

(A) carry out a continuing program to identify the needs of

committees and members of Congress for fiscal, budget, and

program information to carry out this section and section 1112 of

this title;

(B) assist committees of Congress in developing their

information needs;

committees; and

(D) make recommendations to Congress and committees for changes

and improvements in those reporting requirements to meet

information needs identified by the Comptroller General, to

improve their usefulness to congressional users, and to eliminate

unnecessary reporting.

(2) Before September 2 of each year, the Comptroller General

shall report to Congress on -

(A) the needs identified under paragraph (1)(A) of this

subsection;

(B) the relationship of those needs to existing reporting

requirements;

the United States Government currently meets the identified

needs;

(D) the changes to standard classifications necessary to meet

congressional needs;

(E) activities, progress, and results of the program of the

Comptroller General under paragraph (1)(B)-(D) of this

subsection; and

(F) progress of the executive branch in the prior year.

(3) Before March 2 of each year, the Director of the Office of

Management and Budget and the Secretary shall report to Congress on

plans for meeting the needs identified under paragraph (1)(A) of

this subsection, including -

(A) plans for carrying out changes to classifications to meet

information needs of Congress;

(B) the status of information systems in the prior year; and

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 914; Pub. L. 97-452, Sec.

1(3), Jan. 12, 1983, 96 Stat. 2467.)

-MISC1-

HISTORICAL AND REVISION NOTES

1982 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1113(a) 31:20. June 10, 1921, ch. 18, Sec.

212, 42 Stat. 23; Reorg. Plan

No. 1 of 1939, eff. July 1,

1939, Sec. 1, 53 Stat. 1423;

Reorg. Plan No. 2 of 1970,

eff. July 1, 1970, Sec.

102(a), 84 Stat. 2085.

1113(b)- 31:1153(a)-(c). Oct. 26, 1970, Pub. L. 91-510,

(d) Sec. 203(a)-(c), 84 Stat.

1168; restated July 12, 1974,

Pub. L. 93-344, Sec. 801(a),

88 Stat. 328.

1113(e)( 31:1152(c), (d). Oct. 26, 1970, Pub. L. 91-510,

1) Sec. 202(c)-(f), 84 Stat.

1167; restated July 12, 1974,

Pub. L. 93-344, Sec. 801(a),

88 Stat. 328.

1113(e)( 31:1152(e).

1113(e)( 31:1152(f).

--------------------------------------------------------------------

In the section, the words "committee of Congress" are substituted

for "committee of either House, of any joint committee of the two

Houses" and variations of the substituted phrase to eliminate

unnecessary words and for consistency in the revised title and with

other titles of the United States Code.

In subsection (a), the word "President" is substituted for

"Office of Management and Budget" because sections 101 and 102(a)

of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat.

2085) designated the Bureau of the Budget as the Office of

Management and Budget and transferred all functions of the Bureau

to the President. The word "assistance" is substituted for "aid",

and the word "receipts" is substituted for "revenue", for

consistency in the revised title.

In subsections (b)-(d), the words "program information" are

substituted for "program-related data and information" to eliminate

unnecessary words.

In subsection (b)(1) and (3), the words "to such committee or

joint committee, the Comptroller General, or the Director of the

Congressional Budget Office" are omitted as unnecessary because of

the restatement. In clause (1), the word "kind" is substituted for

"nature" for consistency in the revised title. In clause (2), the

words "that fiscal, budgetary, and program information" are

substituted for "such data and information" because of the

restatement.

In subsection (c), the word "inventory" is omitted as

unnecessary. In clause (1), the word "develop" is omitted as being

included in "establish". In clause (2), the word "obtaining" is

substituted for "securing" as being more precise. In clause (3),

the word "evaluating" is substituted for "appraising and analyzing"

for clarity and to eliminate unnecessary words.

In subsection (d), the words "individually or jointly . . . file"

are substituted for "central file or files" for clarity. The word

"information" is substituted for "data and information", and the

word "needs" is substituted for "requirements", for consistency in

the section. The words "carry out" are substituted for "carry out

the purposes of" because of the restatement. A cross reference to

31:1155-1156 is not included because those sections are not

relevant to the information file described in the source

provisions. The words "so that it is easier" are substituted for

"facilitate" for clarity. The word "modern" is omitted as surplus.

In subsection (e)(1)(A), the word "specify" is omitted as being

included in "identify". The words "carry out" are substituted for

"support the objectives" for consistency. A cross reference to

31:1154-1156 is not included because those sections are not

relevant to the continuing program described in the source

provisions. In clause (B), the words "including such needs

expressed in legislative requirements" are omitted as surplus. In

clause (D), the word "duplicative" is omitted as being included in

"unnecessary".

In subsection (e)(2), the words "Before September 2 of each year"

are substituted for "On or before September 1, 1974, and each year

thereafter" for consistency.

In subsection (e)(3), the words "Before March 2 of each year are

substituted for "On or before March 1, 1975, and each year

thereafter" for consistency. The word "codes" is omitted as being

included in "classifications". The words "information systems" are

substituted for "systems", and the words "use of standard

classifications" are substituted for "classification

implementations", for consistency in the revised section.

1983 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1113(e)( 31 App.:11(k)(2). June 10, 1921, ch. 18, 42

2) Stat. 20, Sec. 201(k)(2);

added Sept. 8, 1982, Pub. L.

97-255, Sec. 3, 96 Stat. 815.

--------------------------------------------------------------------

AMENDMENTS

1983 - Subsec. (a). Pub. L. 97-452 redesignated existing

provision as par. (1) and added par. (2).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which certain reporting requirements under subsec. (e)(2)(A), (E),

(3) of this section are listed on pages 9, 6, and 149,

respectively), see section 3003 of Pub. L. 104-66, as amended, and

section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 106-554, set out

as notes below.

OVERSIGHT OF COUNTERTERRORISM AND ANTITERRORISM ACTIVITIES; REPORT

Pub. L. 105-85, div. A, title X, Sec. 1051, Nov. 18, 1997, 111

Stat. 1889, as amended by Pub. L. 105-261, div. A, title XIV, Sec.

1403, Oct. 17, 1998, 112 Stat. 2168, which authorized establishment

of a reporting system for executive agencies with respect to the

budget and expenditure of funds by such agencies for the purpose of

carrying out counterterrorism and antiterrorism programs and

activities and required annual report on amounts proposed to be

expended and counterterrorism and antiterrorism programs and

activities being implemented, was repealed by Pub. L. 107-296,

title VIII, Sec. 889(b)(1), Nov. 25, 2002, 116 Stat. 2251.

TERMINATION OF REPORTING REQUIREMENTS

Pub. L. 107-303, title III, Sec. 302(a), Nov. 27, 2002, 116 Stat.

2360, provided that:

"(a) In General. - Section 3003(a)(1) of the Federal Reports

Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; Public Law

104-66) does not apply to any report required to be submitted under

any of the following provisions of law:

"(1) Effects of pollution on estuaries of the united states. -

Section 104(n)(3) of the Federal Water Pollution Control Act (33

U.S.C. 1254(n)(3)).

"(2) Implementation of great lakes water quality agreement of

1978. - Section 118(c)(10) of the Federal Water Pollution Control

Act (33 U.S.C. 1268(c)(10)).

"(3) Comprehensive conservation and management plan for long

island sound. - Section 119(c)(7) of the Federal Water Pollution

Control Act (33 U.S.C. 1269(c)(7)).

"(4) Level b plan on all river basins. - Section 209(b) of the

Federal Water Pollution Control Act (33 U.S.C. 1289(b)).

"(5) State reports on water quality of all navigable waters. -

Section 305(b) of the Federal Water Pollution Control Act (33

U.S.C. 1315(b)).

"(6) Exemptions from water pollution control requirements for

executive agencies. - Section 313(a) of the Federal Water

Pollution Control Act (33 U.S.C. 1323(a)).

"(7) Status of water quality in united states lakes. - Section

314(a) of the Federal Water Pollution Control Act (33 U.S.C.

1324(a)).

"(8) National estuary program activities. - Section 320(j)(2)

of the Federal Water Pollution Control Act (33 U.S.C.

1330(j)(2)).

"(9) Reports on contracts entered into relating to procurement

from violators of water quality standards. - Section 508(e) of

the Federal Water Pollution Control Act (33 U.S.C. 1368(e)).

"(10) National requirements and costs of water pollution

control. - Section 516 of the Federal Water Pollution Control Act

(33 U.S.C. 1375)."

Pub. L. 107-295, title III, Sec. 322(b), Nov. 25, 2002, 116 Stat.

2103, provided that: "Section 3003(a)(1) of the Federal Reports

Elimination and Sunset Act of 1995 [Pub. L. 104-66] (31 U.S.C. 1113

note) does not apply to any report required to be submitted under

any of the following provisions of law:

"(1) Coast guard operations and expenditures. - Section 651 of

title 14, United States Code.

"(2) Summary of marine casualties reported during prior fiscal

year. - Section 6307(c) of title 46, United States Code.

"(3) User fee activities and amounts. - Section 664 of title

46, United States Code.

"(4) Conditions of public ports of the united states. - Section

308(c) of title 49, United States Code.

"(5) Activities of federal maritime commission. - Section 208

of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118).

"(6) Activities of interagency coordinating committee on oil

pollution research. - Section 7001(e) of the Oil Pollution Act of

1990 (33 U.S.C. 2761(e))."

Pub. L. 107-74, Sec. 1, Nov. 28, 2001, 115 Stat. 701, provided

that: "Section 3003(a)(1) of the Federal Reports Elimination and

Sunset Act of 1995 [Pub. L. 104-66] (31 U.S.C. 1113 note) does not

apply to any report required to be submitted under any of the

following provisions of law:

"(1) Section 801(b) and (c) of the Department of Energy

Organization Act (42 U.S.C. 7321(b) and (c)).

"(2) Section 822(b) of the National Defense Authorization Act

for Fiscal Years 1992 and 1993 (42 U.S.C. 6687).

"(3) Section 7(a) of the Marine Resources and Engineering

Development Act of 1966 (33 U.S.C. 1106(a)).

"(4) Section 206 of the National Aeronautics and Space Act of

1958 (42 U.S.C. 2476).

"(5) Section 404 of the Communications Satellite Act of 1962

(47 U.S.C. 744).

"(6) Section 205(a)(1) of the National Critical Materials Act

of 1984 (30 U.S.C. 1804(a)(1)).

"(7) Section 17(c)(2) of the Stevenson-Wydler Technology

Innovation Act of 1980 (15 U.S.C. 3711a(c)(2)).

"(8) Section 10(h) of the National Institute of Standards and

Technology Act (15 U.S.C. 278(h)).

"(9) Section 212(f)(3) of the National Institute of Standards

and Technology Authorization Act for Fiscal Year 1989 (15 U.S.C.

3704b(f)(3)).

"(10) Section 11(g)(2) of the Stevenson-Wydler Technology

Innovation Act of 1980 (15 U.S.C. 3710(g)(2)).

"(11) Section 5(d)(9) of the National Climate Program Act (15

U.S.C. 2904(d)(9)).

"(12) Section 7 of the National Climate Program Act (15 U.S.C.

2906).

"(13) Section 703 of the Weather Service Modernization Act (15

U.S.C. 313 note).

"(14) Section 118(d)(2) of the Federal Water Pollution Control

Act (33 U.S.C. 1268(d)(2)).

"(15) Section 304(d) of the Federal Aviation Administration

Research, Engineering, and Development Authorization Act of 1992

(49 U.S.C. 47508 note).

"(16) Section 2367(c) of title 10, United States Code.

"(17) Section 303(c)(7) of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C. 253(c)(7)).

"(18) Section 102(e)(7) of the Global Change Research Act of

1990 (15 U.S.C. 2932(e)(7)).

"(19) Section 5(b)(1)(C) and (D) of the Earthquake Hazards

Reduction Act of 1977 (42 U.S.C. 7704(b)(1)(C) and (D)).

"(20) Section 11(e)(6) of the Stevenson-Wydler Technology

Innovation Act of 1980 (15 U.S.C. 3710(e)(6)).

"(21) Section 2304(c)(7) of title 10, United States Code, but

only to the extent of its application to the National Aeronautics

and Space Administration.

"(22) Section 4(j)(1) of the National Science Foundation Act of

1950 (42 U.S.C. 1863(j)(1)).

"(23) Section 36(e) of the Science and Engineering Equal

Opportunities Act (42 U.S.C. 1885c(e)).

"(24) Section 37 of the Science and Engineering Equal

Opportunities Act (42 U.S.C. 1885d).

"(25) Section 108 of the National Science Foundation

Authorization Act for Fiscal Year 1986 (42 U.S.C. 1886).

"(26) Section 101(a)(3) of the High-Performance Computing Act

of 1991 (15 U.S.C. 5511(a)(3)).

"(27) Section 3(a)(7) and (f) of the National Science

Foundation Act of 1950 (42 U.S.C. 1862(a)(7) and (f)).

"(28) Section 7(a) of the National Science Foundation

Authorization Act, 1977 (42 U.S.C. 1873 note).

"(29) Section 16 of the Federal Fire Prevention and Control Act

of 1974 (15 U.S.C. 2215)."

Pub. L. 106-569, title XI, Sec. 1102, Dec. 27, 2000, 114 Stat.

3029, provided that: "Section 3003(a)(1) of the Federal Reports

Elimination and Sunset Act of 1995 [Pub. L. 104-66] (31 U.S.C. 1113

note) shall not apply to any report required to be submitted under

any of the following provisions of law:

"(1) Section 3 of the Employment Act of 1946 (15 U.S.C. 1022).

"(2) Section 309 of the Defense Production Act of 1950 (50

U.S.C. App. 2099).

"(3) Section 603 of the Public Works and Economic Development

Act of 1965 (42 U.S.C. 3213).

"(4) Section 7(o)(1) of the Department of Housing and Urban

Development Act (42 U.S.C. 3535(o)(1)).

"(5) Section 540(c) of the National Housing Act (12 U.S.C.

1735f-18(c)).

"(6) Paragraphs (2) and (6) of section 808(e) of the Civil

Rights Act of 1968 (42 U.S.C. 3608(e)[(2), (6)]).

"(7) Section 1061 of the Housing and Community Development Act

of 1992 (42 U.S.C. 4856).

"(8) Section 203(v) [now 203(w)] of the National Housing Act

(12 U.S.C. 1709(v) [now 1709(w)]), as added by section 504 of the

Housing and Community Development Act of 1992 (Public Law

102-550; 106 Stat. 3780).

"(9) Section 802 of the Housing Act of 1954 (12 U.S.C. 1701o).

"(10) Section 8 of the Department of Housing and Urban

Development Act (42 U.S.C. 3536).

"(11) Section 1320 of the National Flood Insurance Act of 1968

(42 U.S.C. 4027).

"(12) Section 4(e)(2) of the Department of Housing and Urban

Development Act (42 U.S.C. 3533(e)(2)).

"(13) Section 205(g) of the National Housing Act (12 U.S.C.

1711(g)).

"(14) Section 701(c)(1) of the International Financial

Institutions Act (22 U.S.C. 262d(c)(1)).

"(15) Paragraphs (1) and (2) of section 5302(c) of title 31,

United States Code.

"(16) Section 18(f)(7) of the Federal Trade Commission Act (15

U.S.C. 57a(f)(7)).

"(17) Section 333 of the Revised Statutes of the United States

(12 U.S.C. 14).

"(18) Section 3(g) of the Home Owners' Loan Act (12 U.S.C.

1462a(g)).

"(19) Section 304 of the Appalachian Regional Development Act

of 1965 (40 U.S.C. App. 304) [now 40 U.S.C. 14310].

"(20) Sections 2(b)(1)(A), 8(a), 8(c) [there is no 8(c)],

10(g)(1), and 11(c) of the Export-Import Bank Act of 1945 (12

U.S.C. 635(b)(1)(A), 635g(a), 635g(c), 635i-3(g)[1], and

635i-5(c)).

"(21) Section 17(a) of the Federal Deposit Insurance Act (12

U.S.C. 1827(a)).

"(22) Section 13 of the Federal Financing Bank Act of 1973 (12

U.S.C. 2292).

"(23) Section 2B(d) of the Federal Home Loan Bank Act (12

U.S.C. 1422b(d)).

"(24) Section 1002(b) of the Financial Institutions Reform,

Recovery, and Enforcement Act of 1989 [Pub. L. 101-73] (12 U.S.C.

1811 note).

"(25) Section 8 of the Fair Credit and Charge Card Disclosure

Act of 1988 [Pub. L. 100-583] (15 U.S.C. 1637 note).

"(26) Section 136(b)(4)(B) of the Truth in Lending Act (15

U.S.C. 1646(b)(4)(B)).

"(27) Section 707 of the Equal Credit Opportunity Act (15

U.S.C. 1691f).

"(28) Section 114 of the Truth in Lending Act (15 U.S.C. 1613).

"(29) The seventh undesignated paragraph of section 10 of the

Federal Reserve Act (12 U.S.C. 247).

"(30) The tenth undesignated paragraph of section 10 of the

Federal Reserve Act (12 U.S.C. 247a).

"(31) Section 815 of the Fair Debt Collection Practices Act (15

U.S.C. 1692m).

"(32) Section 102(d) of the Federal Credit Union Act (12 U.S.C.

1752a(d)).

"(33) Section 21B(i) of the Federal Home Loan Bank Act (12

U.S.C. 1441b(i)).

"(34) Section 607(a) of the Housing and Community Development

Amendments of 1978 (42 U.S.C. 8106(a)).

"(35) Section 708(l) of the Defense Production Act of 1950 (50

U.S.C. App. 2158(l)).

"(36) Section 2546 of the Comprehensive Thrift and Bank Fraud

Prosecution and Taxpayer Recovery Act of 1990 [Pub. L. 101-647]

(28 U.S.C. 522 note).

"(37) Section 202(b)(8) of the National Housing Act (12 U.S.C.

1708(b)(8))."

Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 1402], Dec. 21, 2000,

114 Stat. 2763, 2763A-214, provided that: "Section 3003(a)(1) of

the Federal Reports Elimination and Sunset Act of 1995 [Pub. L.

104-66] (31 U.S.C. 1113 note) does not apply to any report required

to be submitted under any of the following provisions of law:

"(1) Sections 1105(a), 1106(a) and (b), and 1109(a) of title

31, United States Code, and any other law relating to the budget

of the United States Government.

"(2) The Balanced Budget and Emergency Deficit Control Act of

1985 (2 U.S.C. 900 et seq.) [see Short Title note set out under

section 900 of Title 2, The Congress].

"(3) Sections 202(e)(1) and (3) of the Congressional Budget Act

of 1974 (2 U.S.C. 602(e)(1) and (3)).

"(4) Section 1014(e) of the Congressional Budget and

Impoundment Control Act of 1974 (2 U.S.C. 685(e))."

Pub. L. 106-554, Sec. 1(a)(7) [title III, Sec. 301], Dec. 21,

2000, 114 Stat. 2763, 2763A-629, provided that: "Section 3003(a)(1)

of the Federal Reports Elimination and Sunset Act of 1995 [Pub. L.

104-66] (31 U.S.C. 1113 note) shall not apply to any report

required to be submitted under any of the following provisions of

law:

"(1) Section 13031(f) of the Consolidated Omnibus Budget

Reconciliation Act of 1985 (19 U.S.C. 58c(f)).

"(2) Section 16(c) of the Foreign Trade Zones Act (19 U.S.C.

81p(c)).

"(3) The following provisions of the Tariff Act of 1930:

"(A) Section 330(c)(1) (19 U.S.C. 1330(c)(1)).

"(B) Section 607(c) (19 U.S.C. 1607(c)).

"(4) Section 5 of the International Coffee Agreement Act of

1980 ([former] 19 U.S.C. 1356n).

"(5) Section 351(a)(2) of the Trade Expansion Act of 1962 (19

U.S.C. 1981(a)(2)).

"(6) Section 502 of the Automotive Products Trade Act of 1965

(19 U.S.C. 2032).

"(7) Section 3131 of the Customs Enforcement Act of 1986 (19

U.S.C. 2081).

"(8) The following provisions of the Trade Act of 1974 (19

U.S.C. 2101 et seq.):

"(A) Section 102(b)(4)(A)(ii)(I) (19 U.S.C.

2112(b)(4)(A)(ii)(I)).

"(B) Section 102(e)(1) (19 U.S.C. 2112(e)(1)).

"(C) Section 102(e)(2) (19 U.S.C. 2112(e)(2)).

"(D) Section 104(d) (19 U.S.C. 2114(d)).

"(E) Section 125(e) (19 U.S.C. 2135(e)).

"(F) Section 135(e)(1) (19 U.S.C. 2155(e)(1)).

"(G) Section 141(c) (19 U.S.C. 2171(c)).

"(H) Section 162 (19 U.S.C. 2212).

"(I) Section 163(b) (19 U.S.C. 2213(b)).

"(J) Section 163(c) (19 U.S.C. 2213(c)).

"(K) Section 203(b) (19 U.S.C. 2253(b)).

"(L) Section 302(b)(2)(C) (19 U.S.C. 2412(b)(2)(C)).

"(M) Section 303 (19 U.S.C. 2413).

"(N) Section 309 (19 U.S.C. 2419).

"(O) Section 407(a) (19 U.S.C. 2437(a)).

"(P) Section 502(f) (19 U.S.C. 2462(f)).

"(Q) Section 504 (19 U.S.C. 2464).

"(9) The following provisions of the Trade Agreements Act of

1979 (19 U.S.C. 2501 et seq.):

"(A) Section 2(b) (19 U.S.C. 2503(b)).

"(B) Section 3(c) (19 U.S.C. 2504(c)).

"(C) Section 305(c) (19 U.S.C. 2515(c)).

"(10) Section 303(g)(1) of the Convention on Cultural Property

Implementation Act (19 U.S.C. 2602(g)(1)).

"(11) The following provisions of the Caribbean Basin Economic

Recovery Act (19 U.S.C. 2701 et seq.):

"(A) Section 212(a)(1)(A) (19 U.S.C. 2702(a)(1)(A)).

"(B) Section 212(a)(2) (19 U.S.C. 2702(a)(2)).

"(12) The following provisions of the Omnibus Trade and

Competitiveness Act of 1988 (19 U.S.C. 2901 et seq.):

"(A) Section 1102 (19 U.S.C. 2902).

"(B) Section 1103 (19 U.S.C. 2903).

"(C) Section 1206(b) (19 U.S.C. 3006(b)).

"(13) Section 123(a) of the Customs and Trade Act of 1990

(Public Law 101-382) (19 U.S.C. 2083).

"(14) Section 243(b)(2) of the Caribbean Basin Economic

Recovery Expansion Act of 1990 (Public Law 101-382) [104 Stat.

665].

"(15) The following provisions of the Internal Revenue Code of

1986 [26 U.S.C. 1 et seq.]:

"(A) Section 6103(p)(5).

"(B) Section 7608.

"(C) Section 7802(f)(3).

"(D) Section 8022(3).

"(E) Section 9602(a).

"(16) The following provisions relating to the revenue laws of

the United States:

"(A) Section 1552(c) of the Tax Reform Act of 1986 [Pub. L.

99-514, 26 U.S.C. 7441 note] (100 Stat. 2753).

"(B) Section 231 of the Deficit Reduction Act of 1984 [Pub.

L. 98-369] (26 U.S.C. 801 note).

"(C) Section 208 of the Tax Treatment Extension Act of 1977

[Pub. L. 95-615] (26 U.S.C. 911 note).

"(D) Section 7105 of the Technical and Miscellaneous Revenue

Act of 1988 (45 U.S.C. 369).

"(17) Section 4008 of the Employee Retirement Income Security

Act of 1974 (29 U.S.C. 1308).

"(18) Section 426 of the Black Lung Benefits Act (30 U.S.C.

936(b)).

"(19) Section 7502(g) of title 31, United States Code.

"(20) The following provisions of the Social Security Act:

"(A) Section 215(i)(2)(C)(i) (42 U.S.C. 415(i)(2)(C)(i)).

"(B) Section 221(i)(2) (42 U.S.C. 421(i)(2)).

"(C) Section 221(i)(3) (42 U.S.C. 421(i)(3)).

"(D) Section 233(e)(1) (42 U.S.C. 433(e)(1)).

"(E) Section 452(a)(10) (42 U.S.C. 652(a)(10)).

"(F) Section 452(g)(3)(B) (42 U.S.C. 652(g)(3)(B)).

"(G) Section 506(a)(1) (42 U.S.C. 706(a)[(1)]).

"(H) Section 908 (42 U.S.C. 1108).

"(I) Section 1114(f) (42 U.S.C. 1314(f)).

"(J) Section 1120 (42 U.S.C. 1320).

"(K) Section 1161 (42 U.S.C. 1320c-10).

"(L) Section 1875(b) (42 U.S.C. 1395ll(b)).

"(M) Section 1881 (42 U.S.C. 1395rr).

"(N) Section 1882 (42 U.S.C. 1395ss(f)(2)).

"(21) Section 104(b) of the Social Security Independence and

Program Improvements Act of 1994 [Pub. L. 103-296] (42 USC [sic]

904 note).

"(22) Section 10 of the Railroad Retirement Act of 1937

[probably means section 7 of the Railroad Retirement Act of 1974]

(45 U.S.C. 231f).

"(23) The following provisions of the Railroad Retirement Act

of 1974:

"(A) Section 22(a)(1) (45 U.S.C. 231u(a)(1)).

"(B) Section 22(b)(1) (45 U.S.C. 231u(b)(1)).

"(24) Section 502 of the Railroad Retirement Solvency Act of

1983 (45 U.S.C. 231f-1).

"(25) Section 47121(c) of title 49, United States Code.

"(26) The following provisions of the Omnibus Budget

Reconciliation Act of 1987 (Public Law 100-203; 101 Stat.

1330-182 [101 Stat. 1330]):

"(A) Section 4007(c)(4) (42 U.S.C. 1395ww note).

"(B) Section 4079 (42 U.S.C. 1395mm note).

"(C) Section 4205 (42 U.S.C. 1395i-3 note).

"(D) Section 4215 (42 U.S.C. 1396r note).

"(27) The following provisions of the Inspector General Act of

1978 [5 App. U.S.C.] (Public Law 95-452):

"(A) Section 5(b).

"(B) Section 5(d).

"(28) The following provisions of the Public Health Service

Act:

"(A) In section 308(a) (42 U.S.C. 242m(a)), subparagraphs

(A), (B), (C), and (D) of paragraph (1).

"(B) Section 403 (42 U.S.C. 283).

"(29) Section 404 of the Health Services and Centers Amendments

of 1978 (42 U.S.C. 242p) (Public Law 95-626).

"(30) The following provisions of the Older Americans Act of

1965:

"(A) Section 206(d) (42 U.S.C. 3017(d)).

"(B) Section 207 (42 U.S.C. 3018).

"(31) Section 308 of the Age Discrimination Act of 1975 (42

U.S.C. 6106a(b)).

"(32) Section 509(c)(3) [509(3)] of the Americans with

Disabilities Act 0f [of] 1990 (42 U.S.C. 12209(c)(3) [12209(3)]).

"(33) Section 4207(f) of the Omnibus Budget Reconciliation Act

of 1990 [Pub. L. 101-508] (42 U.S.C. 1395b-1 note)."

Pub. L. 106-476, title I, Sec. 1463, Nov. 9, 2000, 114 Stat.

2173, provided that: "Section 3003(a)(1) of the Federal Reports

Elimination and Sunset Act of 1995 [Pub. L. 104-66] (31 U.S.C. 1113

note) does not apply to any report required to be submitted under

any of the following provisions of law:

"(1) Section 163 of the Trade Act of 1974 (19 U.S.C. 2213).

"(2) Section 181 of the Trade Act of 1974 (19 U.S.C. 2241)."

Pub. L. 106-419, title IV, Sec. 403(a), Nov. 1, 2000, 114 Stat.

1863, provided that: "Section 3003(a)(1) of the Federal Reports

Elimination and Sunset Act of 1995 [Pub. L. 104-66] (31 U.S.C. 1113

note) does not apply to any report required to be submitted under

any of the following: sections 503(c), 529, 541(c), 542(c), 3036,

and 7312(d) of title 38, United States Code."

Pub. L. 106-197, Sec. 1, May 2, 2000, 114 Stat. 246, provided

that: "Section 3003(a)(1) of the Federal Reports Elimination and

Sunset Act of 1995 [Pub. L. 104-66] (31 U.S.C. 1113 note) does not

apply to any report required to be submitted under any of the

following provisions of law:

"(1) The following sections of title 18, United States Code:

sections 2519(3), 2709(e), 3126, and 3525(b).

"(2) The following sections of title 28, United States Code:

sections 522, 524(c)(6), 529, 589a(d), and 594.

"(3) Section 3718(c) of title 31, United States Code.

"(4) Section 9 of the Child Protection Act of 1984 [Pub. L.

98-292] (28 U.S.C. 522 note).

"(5) Section 8 of the Civil Rights of Institutionalized Persons

Act (42 U.S.C. 1997f).

"(6) The following provisions of the Omnibus Crime Control and

Safe Streets Act of 1968: sections 102(b) (42 U.S.C. 3712(b)),

520 (42 U.S.C. 3766), 522 (42 U.S.C. 3766b), and 810 (42 U.S.C.

3789e).

"(7) The following provisions of the Immigration and

Nationality Act: sections 103 (8 U.S.C. 1103), 207(c)(3) (8

U.S.C. 1157(c)(3)), 412(b) (8 U.S.C. 1522(b)), and 413 (8 U.S.C.

1523), and subsections (h), (l), (o), (q), and (r) of section 286

(8 U.S.C. 1356).

"(8) Section 3 of the International Claims Settlement Act of

1949 (22 U.S.C. 1622).

"(9) Section 9 of the War Claims Act of 1948 (50 U.S.C. App.

2008).

"(10) Section 13(c) of the Act of September 11, 1957 (8 U.S.C.

1255b(c)).

"(11) Section 203(b) of the Aleutian and Pribilof Islands

Restitution Act (50 U.S.C. App. 1989c-2(b)).

"(12) Section 801(e) of the Immigration Act of 1990 (29 U.S.C.

2920(e)).

"(13) Section 401 of the Immigration Reform and Control Act of

1986 (8 U.S.C. 1364).

"(14) Section 707 of the Equal Credit Opportunity Act (15

U.S.C. 1691f).

"(15) Section 201(b) of the Privacy Protection Act of 1980 (42

U.S.C. 2000aa-11(b)).

"(16) Section 609U of the Justice Assistance Act of 1984

([former] 42 U.S.C. 10509).

"(17) Section 13(a) of the Classified Information Procedures

Act (18 U.S.C. App.).

"(18) Section 1004 of the Civil Rights Act of 1964 (42 U.S.C.

2000g-3).

"(19) Section 1114 of the Right to Financial Privacy Act of

1978 (12 U.S.C. 3414).

"(20) Section 11 of the Foreign Agents Registration Act of 1938

(22 U.S.C. 621).

"(21) The following provisions of the Foreign Intelligence

Surveillance Act of 1978: sections 107 (50 U.S.C. 1807) and 108

(50 U.S.C. 1808).

"(22) Section 102(b)(5) of the Department of Justice and

Related Agencies Appropriations Act, 1993 [Pub. L. 102-395] (28

U.S.C. 533 note)."

Pub. L. 106-181, title I, Sec. 163, Apr. 5, 2000, 114 Stat. 91,

provided that: "Section 3003(a)(1) of the Federal Reports

Elimination and Sunset Act of 1995 [Pub. L. 104-66] (31 U.S.C. 1113

note) does not apply to any report required to be submitted under

any of the following provisions of law:

"(1) Section 44501 of title 49, United States Code.

"(2) Section 47103 of such title.

"(3) Section 47131 of such title."

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec.

209(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A-423, provided that:

"Section 3003(a)(1) of the Federal Reports Elimination and Sunset

Act of 1995 (Public Law 104-66; 31 U.S.C. 1113 note) does not apply

to any report required to be submitted under any of the following

provisions of law:

"(1) Section 1205 of the International Security and Development

Cooperation Act of 1985 (Public Law 99-83; 22 U.S.C. 2346 note)

(relating to annual reports on economic conditions in Egypt,

Israel, Turkey, and Portugal).

"(2) Section 1307(f)(1)(A) of the International Financial

Institutions Act [22 U.S.C. 262m-7(f)(1)(A)] (Public Law 95-118)

(relating to an assessment of the environmental impact of

proposed multilateral development bank actions).

"(3) Section 118(f) of the Foreign Assistance Act of 1961

(Public Law 87-195; 22 U.S.C. 2151p-1 [(f)]) (relating to the

protection of tropical forests).

"(4) Section 586J(c)(4) of the Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 1991 (Public

Law 101-513 [50 U.S.C. 1701 note]) (relating to sanctions taken

by other nations against Iraq).

"(5) Section 3 of the Authorization for Use of Military Force

Against Iraq Resolution (Public Law 102-1; 105 Stat. 3 [50 U.S.C.

1541 note]) (relating to the status of efforts to obtain Iraqi

compliance with United Nations Security Council resolutions).

"(6) Section 124 of the Foreign Relations Authorization Act,

Fiscal Years 1988 and 1989 (Public Law 100-204; 22 U.S.C. 2680

note) (relating to expenditures for emergencies in the diplomatic

and consular service).

"(7) Section 620C(c) of the Foreign Assistance Act of 1961

(Public Law 87-195; 22 U.S.C. 2373(c)) (relating to progress made

toward the conclusion of a negotiated solution to the Cyprus

problem).

"(8) Section 533(b) of the Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 19991 [1991]

(Public Law 101-513 [104 Stat. 2013]) (relating to international

natural resource management initiatives).

"(9) Section 3602 of the Omnibus Trade and Competitiveness Act

of 1988 (Public Law 100-418; 22 U.S.C. 5352) (relating to foreign

treatment of United States financial institutions).

"(10) Section 1702 of the International Financial Institutions

Act (Public Law 95-118; 22 U.S.C. 262r-1) (relating to operating

summaries of the multilateral development banks).

"(11) Section 1303(c) of the International Financial

Institutions Act (Public Law 95-118; 22 U.S.C. 262m-2(c))

(relating to international environmental assistance programs).

"(12) Section 1701(a) of the International Financial

Institutions Act (Public Law 95-118; 22 U.S.C. 262r) (relating to

United States participation in international financial

institutions).

"(13) Section 163(a) of the Trade Act of 1974 (Public Law

93-618; 19 U.S.C. 2213) (relating to the trade agreements program

and national trade policy agenda).

"(14) Section 8 of the Export-Import Bank Act (Public Law

79-173; 12 U.S.C. 635g) (relating to Export-Import Bank

activities).

"(15) Section 407(f) of the Agricultural Trade Development and

Assistance Act of 1954 (Public Law 83-480; 7 U.S.C. 1736a)

(relating to Public Law 480 programs and activities).

"(16) Section 239(c) of the Foreign Assistance Act of 1961

(Public Law 87-195; 22 U.S.C. 2199(c)) (relating to OPIC audit

report).

"(17) Section 504(i) of the National Endowment for Democracy

Act (Public Law 98-164; 22 U.S.C. 4413(i)) (relating to the

activities of the National Endowment for Democracy).

"(18) Section 5(b) of the Japan-United States Friendship Act

(Public Law 94-118; 22 U.S.C. 2904(b)) (relating to Japan-United

States Friendship Commission activities)."

Pub. L. 106-65, div. A, title X, Sec. 1031, Oct. 5, 1999, 113

Stat. 749, provided that: "Section 3003(a)(1) of the Federal

Reports Elimination and Sunset Act of 1995 [Pub. L. 104-66] (31

U.S.C. 1113 note) does not apply to any report required to be

submitted under any of the following provisions of law:

"(1) The following sections of title 10, United States Code:

sections 113, 115a, 116, 139(f), 221, 226, 401(d), 662(b), 946,

1464(c), 2006(e)(3), 2010, 2011(e), 2391(c), 2431(a), 2432,

2457(d), 2461(g), 2537, 2662(b), 2706, 2859, 2861, 2902(g)(2),

4542(g)(2), 7424(b), 7425(b), 7431(c), 10541, 12302(d), and

16137.

"(2) Section 1121(f) of the National Defense Authorization Act

for Fiscal Year 1988 and 1989 (Public Law 100-180; 10 U.S.C. 113

note).

"(3) Section 1405 of the Defense Dependents' Education Act of

1978 (20 U.S.C. 924).

"(4) Section 1411(b) of the Barry Goldwater Scholarship and

Excellence in Education Act (20 U.S.C. 4710(b)).

"(5) Section 1097 of the National Defense Authorization Act for

Fiscal Years 1992 and 1993 [Pub. L. 102-190] (22 U.S.C. 2751

note).

"(6) Section 30A(d) of the Arms Export Control Act (22 U.S.C.

2770a(d)).

"(7) Sections 1516(f) and 1518(c) of the Armed Forces

Retirement Home Act of 1991 (Public Law 101-510; 24 U.S.C.

416(f), 418(c)).

"(8) Sections 3554(e)(2) and [former] 9503(a) of title 31,

United States Code.

"(9) Section 300110(b) of title 36, United States Code.

"(10) Sections 301a(f) and 1008 of title 37, United States

Code.

"(11) Section 8111(f) of title 38, United States Code.

"(12) Section 205(b) of the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 486(b)) [now 40 U.S.C. 121(b)].

"(13) Section 3732 of the Revised Statutes, popularly known as

the 'Food and Forage Act' (41 U.S.C. 11).

"(14) Section 101(b)(6) of the Uniformed and Overseas Citizens

Absentee Voting Act (42 U.S.C. 1973ff(b)(6)).

"(15) Section 1436(e) of the National Defense Authorization

Act, Fiscal Year 1989 (Public Law 100-456; [former] 42 U.S.C.

2121 note).

"(16) Section 165 of the Energy Policy and Conservation Act (42

U.S.C. 6245).

"(17) Section 603(e) of the National Science and Technology

Policy, Organization, and Priorities Act of 1976 ([former] 42

U.S.C. 6683(e)).

"(18) Section 822(b) of the National Defense Authorization Act

for Fiscal Years 1992 and 1993 (42 U.S.C. 6687(b)).

"(19) Section 208 of the Department of Energy National Security

and Military Applications of Nuclear Energy Authorization Act of

1979 (42 U.S.C. 7271).

"(20) Section 3134 of the National Defense Authorization Act

for Fiscal Year 1991 (42 U.S.C. 7274c).

"(21) Section 3135 of the National Defense Authorization Act

for Fiscal Years 1992 and 1993 (42 U.S.C. 7274g).

"(22) Section 12 of the Act of March 9, 1920 (popularly known

as the 'Suits in Admiralty Act') (46 App. U.S.C. 752).

"(23) Sections 208, 901(b)(2), and 1211 of the Merchant Marine

Act, 1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291).

"(24) Sections 11 and 14 of the Strategic and Critical

Materials Stock Piling Act (50 U.S.C. 98h-2, 98h-5).

"(25) Section 108 of the National Security Act of 1947 (50

U.S.C. 404a).

"(26) Section 4 of the Act entitled 'An Act to authorize the

making, amending, and modification of contracts to facilitate the

national defense', approved August 28, 1958 ([former] 50 U.S.C.

1434).

"(27) Section 1412(g) of the Department of Defense

Authorization Act, 1986 (50 U.S.C. 1521(g)).

"(28) Section 3 of the Authorization for Use of Military Force

Against Iraq Resolution [Pub. L. 102-1] (50 U.S.C. 1541 note).

"(29) Sections 202(d) and 401(c) of the National Emergencies

Act (50 U.S.C. 1622(d), 1641(c)).

"(30) Section 10(g) of the Military Selective Service Act (50

U.S.C. App. 460(g)).

"(31) Section 708 of the Defense Production Act of 1950 (50

U.S.C. App. 2158).

"(32) Section 703(g) of the Military Construction Authorization

Act, 1982 (Public Law 97-99; 95 Stat. 1376).

"(33) Section 704 of the Military Construction Authorization

Act, 1982 (Public Law 97-99; 95 Stat. 1377).

"(34) Section 113(b) of the National Defense Authorization Act

for Fiscal Year 1990 and 1991 (Public Law 101-189; 103 Stat.

1373)."

Pub. L. 104-66, title III, Sec. 3003, Dec. 21, 1995, 109 Stat.

734, as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title

II, Sec. 236], Nov. 29, 1999, 113 Stat. 1536, 1501A-302, provided

that:

"(a) Termination. -

"(1) In general. - Subject to the provisions of paragraph (2)

of this subsection and subsection (d), each provision of law

requiring the submittal to Congress (or any committee of the

Congress) of any annual, semiannual, or other regular periodic

report specified on the list described under subsection (c) shall

cease to be effective, with respect to that requirement, May 15,

2000.

"(2) Exception. - The provisions of paragraph (1) shall not

apply to any report required under -

"(A) the Inspector General Act of 1978 (5 U.S.C. App.); or

"(B) the Chief Financial Officers Act of 1990 (Public Law

101-576) [see Short Title of 1990 Amendment note set out under

section 501 of this title], including provisions enacted by the

amendments made by that Act.

"(b) Identification of Wasteful Reports. - The President shall

include in the first annual budget submitted pursuant to section

1105 of title 31, United States Code, after the date of enactment

of this Act [Dec. 21, 1995] a list of reports that the President

has determined are unnecessary or wasteful and the reasons for such

determination.

"(c) List of Reports. - The list referred to under subsection (a)

is the list prepared by the Clerk of the House of Representatives

for the first session of the One Hundred Third Congress under

clause 2 of rule III of the Rules of the House of Representatives

(House Document No. 103-7).

"(d) Specific Reports Exempted. - Subsection (a)(1) shall not

apply to any report required under -

"(1) section 116 of the Foreign Assistance Act of 1961 (22

U.S.C. 2151n);

"(2) section 306 of that Act (22 U.S.C. 2226);

"(3) section 489 of that Act (22 U.S.C. 2291h);

"(4) section 502B of that Act (22 U.S.C. 2304);

"(5) section 634 of that Act (22 U.S.C. 2394);

"(6) section 406 of the Foreign Relations Authorization Act,

Fiscal Years 1990 and 1991 (22 U.S.C. 2414a);

"(7) section 25 of the Arms Export Control Act (22 U.S.C.

2765);

"(8) section 28 of that Act (22 U.S.C. 2768);

"(9) section 36 of that Act (22 U.S.C. 2776);

"(10) section 6 of the Multinational Force and Observers

Participation Resolution (22 U.S.C. 3425);

"(11) section 104 of the FREEDOM Support Act (22 U.S.C. 5814);

"(12) section 508 of that Act (22 U.S.C. 5858);

"(13) section 4 of the War Powers Resolution (50 U.S.C. 1543);

"(14) section 204 of the International Emergency Economic

Powers Act (50 U.S.C. 1703);

"(15) section 14 of the Export Administration Act of 1979 (50

U.S.C. App. 2413);

"(16) section 207 of the International Economic Policy Act of

1972 (Public Law 92-412; 86 Stat. 648) [former 22 U.S.C. 2846];

"(17) section 4 of Public Law 93-121 (87 Stat. 448) [former 22

U.S.C. 2846];

"(18) section 108 of the National Security Act of 1947 (50

U.S.C. 404a);

"(19) section 704 of the Support for East European Democracy

(SEED) Act of 1989 (22 U.S.C. 5474);

"(20) section 804 of the Foreign Relations Authorization Act,

Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 72);

"(21) section 140 of the Foreign Relations Authorization Act,

Fiscal Years 1988 and 1989 (22 U.S.C. 2656f);

"(22) section 2 of the Act of September 21, 1950 (Chapter 976;

64 Stat. 903) [22 U.S.C. 262a];

"(23) section 3301 of the Panama Canal Act of 1979 (22 U.S.C.

3871);

"(24) section 2202 of the Export Enhancement Act of 1988

([former] 15 U.S.C. 4711);

"(25) section 1504 of Public Law 103-160 (10 U.S.C. 402 note);

"(26) section 502 of the International Security and Development

Coordination Act of 1985 (22 U.S.C. 2349aa-7);

"(27) section 23 of the Act of August 1, 1956 (Chapter 841

[probably should be section 515(b)(2) of Public Law 95-105]; 22

U.S.C. 2694(2));

"(28) section 5(c)(5) of the Export Administration Act of 1979

(50 U.S.C. App. 2404(c)(5));

"(29) section 14 of the Export Administration Act of 1979 (50

U.S.C. App. 2413);

"(30) section 50 of Public Law 87-297 (22 U.S.C. 2590);

"(31) section 240A of the Foreign Assistance Act of 1961 (22

U.S.C. 2200a); or

"(32) section 604 of the United States Information and

Educational Exchange Act of 1948 (22 U.S.C. 1469)."

AUTHORITY TO INCREASE EFFICIENCY IN REPORTING TO CONGRESS

Pub. L. 103-356, title III, Sec. 301, Oct. 13, 1994, 108 Stat.

3412, provided that:

"(a) Purpose. - The purpose of this title is to improve the

efficiency of executive branch performance in implementing

statutory requirements for reports to Congress and committees of

Congress such as the elimination or consolidation of duplicative or

obsolete reporting requirements and adjustments to deadlines that

shall provide for more efficient workload distribution or improve

the quality of reports.

"(b) Authority of the Director. - The Director of the Office of

Management and Budget may publish annually in the budget submitted

by the President to the Congress, recommendations for

consolidation, elimination, or adjustments in frequency and due

dates of statutorily required periodic reports to the Congress or

committees of Congress. For each recommendation, the Director shall

provide an individualized statement of the reasons that support the

recommendation. In addition, for each report for which a

recommendation is made, the Director shall state with specificity

the exact consolidation, elimination, or adjustment in frequency or

due date that is recommended.

"(c) Recommendations. - The Director's recommendations shall be

consistent with the purpose stated in subsection (a).

"(d) Consultation. - Before the publication of the

recommendations under subsection (b), the Director or his designee

shall consult with the appropriate congressional committees

concerning the recommendations."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 719 of this title.

-End-

-CITE-

31 USC Sec. 1114 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

[Sec. 1114. Repealed. Pub. L. 103-355, title II, Sec. 2454(c)(2),

Oct. 13, 1994, 108 Stat. 3326]

-MISC1-

Section, Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 916, related to

budget information on consulting services.

EFFECTIVE DATE OF REPEAL

For effective date and applicability of repeal, see section 10001

of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment

note under section 251 of Title 41, Public Contracts.

-End-

-CITE-

31 USC Sec. 1115 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1115. Performance plans

-STATUTE-

(a) In carrying out the provisions of section 1105(a)(29),(!1)

the Director of the Office of Management and Budget shall require

each agency to prepare an annual 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 by a program activity;

(2) express such goals in an objective, quantifiable, and

measurable form unless authorized to be in an alternative form

under subsection (b);

(3) provide a description of how the performance goals and

objectives are to be achieved, including the operation processes,

training, skills and technology, and the human, capital,

information, and other resources and strategies required to meet

those performance goals and objectives. (!2)

(4) establish performance indicators to be used in measuring or

assessing the relevant outputs, service levels, and outcomes of

each program activity;

(5) provide a basis for comparing actual program results with

the established performance goals; and

(6) describe the means to be used to verify and validate

measured values.

(b) 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 -

(A)(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.

aggregate, disaggregate, or consolidate program activities, except

that any aggregation or consolidation may not omit or minimize the

significance of any program activity constituting a major function

or operation for the agency.

(d) An agency may submit with its 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.

(e) The functions and activities of this section shall be

considered to be inherently Governmental functions. The drafting of

performance plans under this section shall be performed only by

Federal employees.

(f) With respect to each agency with a Chief Human Capital

Officer, the Chief Human Capital Officer shall prepare that portion

of the annual performance plan described under subsection (a)(3).

(g) For purposes of this section and sections 1116 through 1119,

and sections 9703 (!1) and 9704 the term -

(1) "agency" has the same meaning as such term is defined under

section 306(f) of title 5;

(2) "outcome measure" means an assessment of the results of a

program activity compared to its intended purpose;

(3) "output measure" means the tabulation, calculation, or

recording of activity or effort and can be expressed in a

quantitative or qualitative manner;

(4) "performance goal" means a target level of performance

expressed as a tangible, measurable objective, against which

actual achievement can be compared, including a goal expressed as

a quantitative standard, value, or rate;

(5) "performance indicator" means a particular value or

characteristic used to measure output or outcome;

(6) "program activity" means a specific activity or project as

listed in the program and financing schedules of the annual

budget of the United States Government; and

(7) "program evaluation" means an assessment, through objective

measurement and systematic analysis, of the manner and extent to

which Federal programs achieve intended objectives.

-SOURCE-

(Added Pub. L. 103-62, Sec. 4(b), Aug. 3, 1993, 107 Stat. 287;

amended Pub. L. 107-296, title XIII, Sec. 1311(a), Nov. 25, 2002,

116 Stat. 2289.)

-REFTEXT-

REFERENCES IN TEXT

Section 1105(a)(29), referred to in subsec. (a), was redesignated

section 1105(a)(28) of this title by Pub. L. 104-287, Sec. 4(1),

Oct. 11, 1996, 110 Stat. 3388.

Section 9703, referred to in subsec. (g), probably means the

section 9703 added by section 5(a) of Pub. L. 103-62, Aug. 3, 1993,

107 Stat. 289.

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-296, Sec. 1311(a)(1), added

par. (3) and struck out former par. (3) which read as follows:

"briefly describe the operational processes, skills and technology,

and the human, capital, information, or other resources required to

meet the performance goals;".

Subsecs. (f), (g). Pub. L. 107-296, Sec. 1311(a)(2), (3), added

subsec. (f) and redesignated former subsec. (f) as (g).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

CONSTRUCTION

Section 10 of Pub. L. 103-62 provided that: "No provision or

amendment made by this Act [see Short Title of 1993 Amendment note

set out under section 1101 of this title] 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

Section 2 of Pub. L. 103-62 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 under section 1101 of this title] 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

Section 8(a) of Pub. L. 103-62 provided that: "Nothing in this

Act [see Short Title of 1993 Amendment note set out under section

1101 of this title] 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."

GENERAL ACCOUNTING OFFICE REPORT

Section 8(b) of Pub. L. 103-62 provided that:

"No later than June 1, 1997, the Comptroller General of the

United States shall report to Congress on the implementation of

this Act [see Short Title of 1993 Amendment note set out under

section 1101 of this title], including the prospects for compliance

by Federal agencies beyond those participating as pilot projects

under sections 1118 and 9704 of title 31, United States Code."

STRATEGIC PLANNING AND PERFORMANCE MEASUREMENT TRAINING

Section 9 of Pub. L. 103-62 provided that: "The Office of

Personnel Management shall, in consultation with the Director of

the Office of Management and Budget and the Comptroller General of

the United States, develop a strategic planning and performance

measurement training component for its management training program

and otherwise provide managers with an orientation on the

development and use of strategic planning and program performance

measurement."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1105, 1116, 1117, 1118,

1119, 9703, 9704 of this title; title 5 section 306; title 15

sections 638, 7406; title 23 section 508; title 40 section 11315;

title 44 sections 3534, 3544.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. The period probably should be a semicolon.

-End-

-CITE-

31 USC Sec. 1116 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1116. Program performance reports

-STATUTE-

(a) Not later than 150 days after the end of an agency's fiscal

year, the head of each agency shall prepare and submit to the

President and the Congress, a report on program performance for the

previous fiscal year.

(b)(1) Each program performance report shall set forth the

performance indicators established in the agency performance plan

under section 1115, along with the actual program performance

achieved compared with the performance goals expressed in the plan

for that fiscal year.

(2) If performance goals are specified in an alternative form

under section 1115(b), the results of such program shall be

described in relation to such specifications, including whether the

performance failed to meet the criteria of a minimally effective or

successful program.

for the preceding fiscal year, the report for fiscal year 2001

shall include actual results for the two preceding fiscal years,

and the report for fiscal year 2002 and all subsequent reports

shall include actual results for the three preceding fiscal years.

(d) Each report shall -

(1) review the success of achieving the performance goals of

the fiscal year;

(2) evaluate the performance plan for the current fiscal year

relative to the performance achieved toward the performance goals

in the fiscal year covered by the report;

(3) explain and describe, where a performance goal has not been

met (including when a program activity's performance is

determined not to have met the criteria of a successful program

activity under section 1115(b)(1)(A)(ii) or a corresponding level

of achievement if another alternative form is used) -

(A) why the goal was not met;

(B) those plans and schedules for achieving the established

performance goal; and

that is the case and what action is recommended;

(4) describe the use and assess the effectiveness in achieving

performance goals of any waiver under section 9703 (!1) of this

title;

(5) include a review of the performance goals and evaluation of

the performance plan relative to the agency's strategic human

capital management; and

(6) include the summary findings of those program evaluations

completed during the fiscal year covered by the report.

(e)(1) Except as provided in paragraph (2), each program

performance report shall contain an assessment by the agency head

of the completeness and reliability of the performance data

included in the report. The assessment shall describe any material

inadequacies in the completeness and reliability of the performance

data, and the actions the agency can take and is taking to resolve

such inadequacies.

(2) If a program performance report is incorporated into a report

submitted under section 3516, the requirements of section 3516(e)

shall apply in lieu of paragraph (1).

(f) The functions and activities of this section shall be

considered to be inherently Governmental functions. The drafting of

program performance reports under this section shall be performed

only by Federal employees.

-SOURCE-

(Added Pub. L. 103-62, Sec. 4(b), Aug. 3, 1993, 107 Stat. 288;

amended Pub. L. 106-531, Sec. 5(a)(1), (b), Nov. 22, 2000, 114

Stat. 2539; Pub. L. 107-296, title XIII, Sec. 1311(b), Nov. 25,

2002, 116 Stat. 2290.)

-REFTEXT-

REFERENCES IN TEXT

Section 9703, referred to in subsec. (d)(4), probably means the

section 9703 added by section 5(a) of Pub. L. 103-62, Aug. 3, 1993,

107 Stat. 289.

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(5), (6). Pub. L. 107-296 added par. (5) and

redesignated former par. (5) as (6).

2000 - Subsec. (a). Pub. L. 106-531, Sec. 5(a)(1), substituted

"Not later than 150 days after the end of an agency's fiscal year,"

for "No later than March 31, 2000, and no later than March 31 of

each year thereafter,".

Subsec. (e). Pub. L. 106-531, Sec. 5(b), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: "An

agency head may include all program performance information

required annually under this section in an annual financial

statement required under section 3515 if any such statement is

submitted to the Congress no later than March 31 of the applicable

fiscal year."

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

CONSTRUCTION

No provision or amendment made by Pub. L. 103-62 to be construed

as 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 not an officer or employee

of the United States acting in such capacity to have standing to

file any civil action in any court of the United States to enforce

any provision or amendment made by Pub. L. 103-62, or to be

construed as superseding any statutory requirement, see section 10

of Pub. L. 103-62, set out as a note under section 1115 of this

title.

SPECIAL RULE FOR FISCAL YEARS 2000 AND 2001

Pub. L. 106-531, Sec. 5(a)(2), Nov. 22, 2000, 114 Stat. 2539,

provided that: "Notwithstanding subsection (a) of section 1116 of

title 31, United States Code (as amended by paragraph (1) of this

subsection), an agency head may submit a report under such

subsection not later than 180 days after the end of that agency's

fiscal year, with respect to fiscal years 2000 and 2001."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1115, 1117, 1118, 1119,

3516 of this title; title 23 section 508; title 40 section 11315;

title 44 sections 3534, 3544; title 49 section 44501.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

31 USC Sec. 1117 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1117. Exemption

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 103-62, Sec. 4(b), Aug. 3, 1993, 107 Stat. 289.)

-MISC1-

CONSTRUCTION

No provision or amendment made by Pub. L. 103-62 to be construed

as 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 not an officer or employee

of the United States acting in such capacity to have standing to

file any civil action in any court of the United States to enforce

any provision or amendment made by Pub. L. 103-62, or to be

construed as superseding any statutory requirement, see section 10

of Pub. L. 103-62, set out as a note under section 1115 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1115, 1118, 1119 of this

title; title 40 section 11315; title 44 sections 3534, 3544.

-End-

-CITE-

31 USC Sec. 1118 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1118. Pilot projects for performance goals

-STATUTE-

(a) The Director of the Office of Management and Budget, after

consultation with the head of each agency, shall designate not less

than ten agencies as pilot projects in performance measurement for

fiscal years 1994, 1995, and 1996. The selected agencies shall

reflect a representative range of Government functions and

capabilities in measuring and reporting program performance.

(b) Pilot projects in the designated agencies shall undertake the

preparation of performance plans under section 1115, and program

performance reports under section 1116, other than section 1116(c),

for one or more of the major functions and operations of the

agency. A strategic plan shall be used when preparing agency

performance plans during one or more years of the pilot period.

Management and Budget shall submit a report to the President and to

the Congress which shall -

(1) assess the benefits, costs, and usefulness of the plans and

reports prepared by the pilot agencies in meeting the purposes of

the Government Performance and Results Act of 1993;

(2) identify any significant difficulties experienced by the

pilot agencies in preparing plans and reports; and

(3) set forth any recommended changes in the requirements of

the provisions of Government Performance and Results Act of 1993,

section 306 of title 5, sections 1105, 1115, 1116, 1117, 1119 and

9703 (!1) of this title, and this section.

-SOURCE-

(Added Pub. L. 103-62, Sec. 6(a), Aug. 3, 1993, 107 Stat. 290.)

-REFTEXT-

REFERENCES IN TEXT

The Government Performance and Results Act of 1993, referred to

in subsec. (c)(1), (3), is Pub. L. 103-62, Aug. 3, 1993, 107 Stat.

285, which enacted 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,

amended section 1105 of this title, and enacted provisions set out

as notes under sections 1101 and 1115 of this title. For complete

classification of this Act to the Code, see Short Title of 1993

Amendment note set out under section 1101 of this title and Tables.

Section 9703, referred to in subsec. (c)(3), probably means the

section 9703 added by section 5(a) of Pub. L. 103-62, Aug. 3, 1993,

107 Stat. 289.

-MISC1-

CONSTRUCTION

No provision or amendment made by Pub. L. 103-62 to be construed

as 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 not an officer or employee

of the United States acting in such capacity to have standing to

file any civil action in any court of the United States to enforce

any provision or amendment made by Pub. L. 103-62, or to be

construed as superseding any statutory requirement, see section 10

of Pub. L. 103-62, set out as a note under section 1115 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1115, 1119, 9704 of this

title; title 44 sections 3534, 3544.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

31 USC Sec. 1119 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE II - THE BUDGET PROCESS

CHAPTER 11 - THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION

-HEAD-

Sec. 1119. Pilot projects for performance budgeting

-STATUTE-

(a) The Director of the Office of Management and Budget, after

consultation with the head of each agency shall designate not less

than five agencies as pilot projects in performance budgeting for

fiscal years 1998 and 1999. At least three of the agencies shall be

selected from those designated as pilot projects under section

1118, and shall also reflect a representative range of Government

functions and capabilities in measuring and reporting program

performance.

(b) Pilot projects in the designated agencies shall cover the

preparation of performance budgets. Such budgets shall present, for

one or more of the major functions and operations of the agency,

the varying levels of performance, including outcome-related

performance, that would result from different budgeted amounts.

include, as an alternative budget presentation in the budget

submitted under section 1105 for fiscal year 1999, the performance

budgets of the designated agencies for this fiscal year.

(d) No later than March 31, 2001, the Director of the Office of

Management and Budget shall transmit a report to the President and

to the Congress on the performance budgeting pilot projects which

shall -

(1) assess the feasibility and advisability of including a

performance budget as part of the annual budget submitted under

section 1105;

(2) describe any difficulties encountered by the pilot agencies

in preparing a performance budget;

(3) recommend whether legislation requiring performance budgets

should be proposed and the general provisions of any legislation;

and

(4) set forth any recommended changes in the other requirements

of the Government Performance and Results Act of 1993, section

306 of title 5, sections 1105, 1115, 1116, 1117, and 9703 (!1) of

this title, and this section.

(e) After receipt of the report required under subsection (d),

the Congress may specify that a performance budget be submitted as

part of the annual budget submitted under section 1105.

-SOURCE-

(Added Pub. L. 103-62, Sec. 6(c), Aug. 3, 1993, 107 Stat. 291.)

-REFTEXT-

REFERENCES IN TEXT

The Government Performance and Results Act of 1993, referred to

in subsec. (d)(4), is Pub. L. 103-62, Aug. 3, 1993, 107 Stat. 285,

which enacted 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, amended section

1105 of this title, and enacted provisions set out as notes under

sections 1101 and 1115 of this title. For complete classification

of this Act to the Code, see Short Title of 1993 Amendment note set

out under section 1101 of this title and Tables.

Section 9703, referred to in subsec. (d)(4), probably means the

section 9703 added by section 5(a) of Pub. L. 103-62, Aug. 3, 1993,

107 Stat. 289.

-MISC1-

CONSTRUCTION

No provision or amendment made by Pub. L. 103-62 to be construed

as 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 not an officer or employee

of the United States acting in such capacity to have standing to

file any civil action in any court of the United States to enforce

any provision or amendment made by Pub. L. 103-62, or to be

construed as superseding any statutory requirement, see section 10

of Pub. L. 103-62, set out as a note under section 1115 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1115, 1118 of this title;

title 44 sections 3534, 3544.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Money and finance Program information

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