31 U.S.C. § 1107 — Deficiency and supplemental appropria-

Page 136 TITLE 31—MONEY AND FINANCE § 1106 § 1106. Supplemental budget estimates and changes (a) Before July 16 of each year, the President shall submit to Congress a supplemental sum- mary 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; (C) current information on matters re- ferred to in section 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 func- tions, obligations, requirements, and finan- cial condition of the United States Govern- ment; (2) for the 4 fiscal years following the fiscal year for which the budget is submitted, infor- mation on estimated expenditures for pro- grams authorized to continue in future years, or that are considered mandatory, under law; and (3) for future fiscal years, information on es- timated 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 (includ- ing 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 in- clude the effect of those changes on the informa- tion submitted under section 1105(a)(1)–(14) and (b) of this title and shall include supporting in- formation as practicable. The statement sub- mitted before July 16 may be included in the in- formation submitted under subsection (a)(1) of this section. (c) Subsection (f) of section 1105 shall apply to revisions and supplemental summaries sub- mitted under this section to the same extent that such subsection applies to the budget sub- mitted under section 1105(a) to which such revi- sions and summaries relate. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 911; Pub. L. 99–177, title II, § 242, Dec. 12, 1985, 99 Stat. 1063.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1106(a) ..... 31:11(b), (c). June 10, 1921, ch. 18, 42 Stat. 20, § 201(b), (c); added Aug. 25, 1958, Pub. L. 85–759, § 1, 72 Stat. 852; restated Oct. 26, 1970, Pub. L. 91–510, § 221(b), 84 Stat. 1169; July 12, 1974, Pub. L. 93–344, § 602, 88 Stat. 324. 1106(b) ..... 31:11(g)(1st–3d sen- tences). June 10, 1921, ch. 18, 42 Stat. 20, § 201(g)(1st–3d sentences); added July 12, 1974, Pub. L. 93–344, § 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 sum- mary form’’ and ‘‘summary of’’ are omitted as unneces- sary. The word ‘‘necessary’’ is omitted as being in- cluded 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 con- sidered mandatory, under law’’ are substituted for ‘‘continuing programs which have a legal commitment for future years or are considered mandatory under ex- isting 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 amend- ments to or revisions in’’, and the words ‘‘budget out- lays’’ 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 trans- mitted pursuant to subsection (a) of this section’’, for consistency. The word ‘‘information’’ is substituted for ‘‘summary data’’ because of the restatement. Editorial Notes AMENDMENTS 1985—Subsec. (b). Pub. L. 99–177, § 242(a), struck out ‘‘April 11 and’’ before ‘‘July 16’’. Subsec. (c). Pub. L. 99–177, § 242(b), added subsec. (c). Statutory Notes and Related Subsidiaries 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, for- merly set out as an Effective and Termination Dates note under section 900 of Title 2, The Congress, prior to repeal by Pub. L. 112–25, title I, § 104(a), Aug. 2, 2011, 125 Stat. 246. § 1107. Deficiency and supplemental appropria- tions The President may submit to Congress pro- posed deficiency and supplemental appropria- tions the President decides are necessary be- cause 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 pro- posed appropriations would have required the President to make a recommendation under sec- tion 1105(c) of this title if they had been in- cluded in the budget, the President shall make a recommendation under that section. The President shall transmit promptly to Congress without change, proposed deficiency and supple- mental appropriations submitted to the Presi- dent by the legislative branch and the judicial branch. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 911; Pub. L. 112–74, div. C, title VI, § 619, Dec. 23, 2011, 125 Stat. 926.) Page 137 TITLE 31—MONEY AND FINANCE § 1108 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1107 ......... 31:14. June 10, 1921, ch. 18, § 203, 42 Stat. 21; restated Sept. 12, 1950, ch. 946, § 102(b), 64 Stat. 833. In the section, the words ‘‘reach an aggregate which’’ are omitted as surplus. Editorial Notes AMENDMENTS 2011—Pub. L. 112–74 inserted at end ‘‘The President shall transmit promptly to Congress without change, proposed deficiency and supplemental appropriations submitted to the President by the legislative branch and the judicial branch.’’ § 1108. Preparation and submission of appropria- tions requests to the President (a) In this section (except subsections (b)(1) and (e)), ‘‘agency’’ means a department, agency, or instrumentality of the United States Govern- ment. (b)(1) The head of each agency shall prepare and submit to the President each appropriation request for the agency. The request shall be pre- pared 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 sup- plemental appropriations. The President may change agency appropriation requests. Agency appropriation requests shall be developed from cost-based budgets in the way and at times pre- scribed 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. (c) The head of an agency shall include with an appropriation request submitted to the Presi- dent 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 sup- port 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 dele- gate the duty to make the certifications. The certifications and records shall be kept in the agency— (1) in a form that makes audits and rec- onciliations 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 agen- cy’s budget request for its missions by func- tion and subfunction (including the mission of each organizational unit of the agency); and (2) relate the agency’s programs to its mis- sions. (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 ap- propriations estimate or request, a request for an increase in that estimate or request, or a rec- ommendation 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 com- ments on legislation at the same time they are sent to the President or the Office of Manage- ment and Budget. An officer of an agency may not impose conditions on or impair communica- tion by the Commission with Congress, or a committee or member of Congress, about the in- formation. (g) Amounts available under law are available for field examinations of appropriation esti- mates. The use of the amounts is subject only to regulations prescribed by the appropriate stand- ing committees of Congress. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 912.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1108(a) ..... (no source). 1108(b)(1) 31:16(last sentence related to appro- priations re- quests). June 10, 1921, ch. 18, § 207(last sentence related to appro- priations requests), 42 Stat. 22; restated Sept. 12, 1950, ch. 946, § 102(e), 64 Stat. 833; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 31:22, 23. June 10, 1921, ch. 18, §§ 214, 215, 42 Stat. 23; restated Sept. 12, 1950, ch. 946, § 102(f), (g), 64 Stat. 833; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 31:24(a). June 10, 1921, ch. 18, § 216(a), 42 Stat. 23; restated Sept. 12, 1950, ch. 946, § 102(h), 64 Stat. 834; Aug. 1, 1956, ch. 814, § 1(b), 70 Stat. 782; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 31:24(b), (c). June 10, 1921, ch. 18, 42 Stat. 20, § 216(b), (c); added Aug. 1, 1956, ch. 814, § 1(b), 70 Stat. 782. 1108(b)(2) 31:581b. Sept. 12, 1950, ch. 946, § 201, 64 Stat. 838; Reorg. Plan. No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 1108(c) ..... 31:200(b). Aug. 26, 1954, ch. 935, § 1311(b), 68 Stat. 830; restated July 8, 1959, Pub. L. 86–79, § 210(a), 73 Stat. 167; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 31:200(c). Aug. 26, 1954, ch. 935, § 1311(c), 68 Stat. 831. 1108(d) ..... 31:11(i)(last sen- tence). June 10, 1921, ch. 18, 42 Stat. 20, § 201(i)(last sentence); added July 12, 1974, Pub. L. 93–344, § 601, 88 Stat. 323. 1108(e) ..... 31:15. June 10, 1921, ch. 18, § 206, 42 Stat. 21. 1108(f) ..... 31:11(j). June 10, 1921, ch. 18, 42 Stat. 20, § 201(j); added Feb. 5, 1976, Pub. L. 94–210, § 311, 90 Stat. 60. 1108(g) ..... 31:22a. Aug. 7, 1953, ch. 340, § 1314, 67 Stat. 438.