31 U.S.C. § 1105 — Budget contents and submission to Con-

Page 123 TITLE 31—MONEY AND FINANCE § 1105 Statutory Notes and Related Subsidiaries 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, formerly set out as an Effective and Termi- nation Dates note under section 900 of Title 2, The Con- gress, prior to repeal by Pub. L. 112–25, title I, § 104(a), Aug. 2, 2011, 125 Stat. 246. Executive Documents 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 or- ders, for the improved gathering, compiling, analyzing, publishing, and disseminating of statistical informa- tion for any purpose by the various agencies in the ex- ecutive 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 con- tinuing 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 max- imum 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 infor- mation calculated to improve statistical work, (b) make appropriate arrangements for improving statis- tical 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 ob- jectives sought in carrying out the provisions of Sec- tion 1 hereof: (a) To achieve an adequate program of statistical work in the agencies of the executive branch, in rela- tion to over-all needs for statistical information, in- cluding the filling of gaps and overcoming of weak- nesses in presently available statistical information. (b) To achieve the most effective use of resources available for statistical work by the agencies, in rela- tion to over-all needs. (c) To minimize the burden upon those furnishing sta- tistical data needed by the various Federal agencies. (d) To improve the reliability and timeliness of sta- tistical information. (e) To achieve maximum comparability among the several statistical series and studies. (f) To improve the presentation of statistical infor- mation and of explanations regarding the sources and reliability of such information, and regarding the limi- tations 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 prepa- ration 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 addi- tion to and not in substitution for the existing author- ity of the Director, or of the Office of Management and Budget, with respect to statistical and reporting activi- ties. 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.] § 1105. Budget contents and submission to Con- gress (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 budg- et of the United States Government for the fol- lowing fiscal year. Each budget shall include a budget message and summary and supporting in- formation. 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 informa- tion. (4) a reconciliation of the summary informa- tion on expenditures with proposed appropria- tions. (5) except as provided in subsection (b) of this section, estimated expenditures and pro- posed 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 sub- mitted and the 4 fiscal years after that year under— (A) laws in effect when the budget is sub- mitted; and (B) proposals in the budget to increase rev- enues. (7) appropriations, expenditures, and re- ceipts 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 (C) estimated condition of the Treasury at the end of the fiscal year for which the budg- et is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government. Page 124 TITLE 31—MONEY AND FINANCE § 1105 (11) other financial information the Presi- dent decides is desirable to explain in prac- ticable detail the financial condition of the Government. (12) for each proposal in the budget for legis- lation that would establish or expand a Gov- ernment activity or function, a table show- ing— (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 fis- cal 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 sub- mitted. (14) an allowance for unanticipated uncon- trollable 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 exist- ing law in the tax expenditures budget (as de- fined 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 pro- posals in the budget. (17) information on estimates of appropria- tions 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 authoriza- tion 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, esti- mated in the budget submitted for that year, for each major program having relatively un- controllable outlays with the total amount of outlays for that program in that year. (19) a comparison of the total amount of re- ceipts for the prior fiscal year, estimated in the budget submitted for that year, with re- ceipts 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 dif- ferences 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 Pro- gram Act (15 U.S.C. 2904); (B) specific aspects of the program of, and appropriations for, each agency; and (C) estimated goals and financial require- ments. (22) a statement of budget authority, pro- posed budget authority, budget outlays, and proposed budget outlays, and descriptive infor- mation 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 ap- propriations 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 Gov- ernment 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 ap- propriations for each Office of Inspector Gen- eral of an establishment defined under section 401 of title 5. (26) a separate statement of the amount of appropriations requested for the Office of Na- tional 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 Fed- eral Financial Management. (28) beginning with fiscal year 1999, a Fed- eral Government performance plan for the overall budget as provided for under section 1115. (29) information about the Violent Crime Re- duction Trust Fund, including a separate statement of amounts in that Trust Fund. (30) an analysis displaying, by agency, pro- posed reductions in full-time equivalent posi- tions 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 Finan- cial Officer in the Executive Office of the President. (32) a statement of the levels of budget au- thority and outlays for each program assumed to be extended in the baseline as provided in section 257(b)(2)(A) and for excise taxes as- sumed to be extended under section 257(b)(2)(C) of the Balanced Budget and Emergency Deficit Control Act of 1985. (33) a separate appropriation account for ap- propriations for the Council of the Inspectors General on Integrity and Efficiency, and, in- cluded in that account, a separate statement of the aggregate amount of appropriations re- quested for each academy maintained by the Council of the Inspectors General on Integrity and Efficiency. (34) with respect to the amount of appropria- tions requested for use by the Export-Import Bank of the United States, a separate state- ment of the amount requested for its program budget, the amount requested for its adminis- trative expenses, and of the amount requested for its administrative expenses, the amount requested for technology expenses. (35)(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, Page 125 TITLE 31—MONEY AND FINANCE § 1105 the fiscal years for which the budget is sub- mitted, and the ensuing fiscal year identifying the amounts of gross and net appropriations or obligational authority and outlays that con- tribute to cybersecurity, with separate dis- plays for mandatory and discretionary amounts, including— (I) summaries of the total amount of such appropriations or new obligational authority and outlays requested for cybersecurity; (II) an estimate of the current service lev- els of cybersecurity spending; (III) the most recent risk assessment and summary of cybersecurity needs in each ini- tiative area (as determined by the adminis- tration); and (IV) an estimate of user fees collected by the Federal Government on behalf of cybersecurity activities; (ii) with respect to subclauses (I) through (IV) of clause (i), amounts shall be provided by account for each program, project and activ- ity; and (iii) an estimate of expenditures for cybersecurity activities by State and local governments and the private sector for the prior fiscal year and the current fiscal year. (B) Prior to implementing this paragraph, including determining what Federal activities or accounts constitute cybersecurity for pur- poses of budgetary classification, the Office of Management and Budget shall consult with the Committees on Appropriations and the Committees on the Budget of the House of Representatives and the Senate, the Com- mittee on Homeland Security of the House of Representatives, and the Committee on Home- land Security and Government Affairs of the Senate. (36) as supplementary materials, a separate analysis of the budgetary effects for all prior fiscal years, the current fiscal year, the fiscal year for which the budget is submitted, and ensuing fiscal years of the actions the Sec- retary of the Treasury has taken or plans to take using any authority provided in the Emergency Economic Stabilization Act of 2008, including— (A) an estimate of the current value of all assets purchased, sold, and guaranteed under the authority provided in the Emergency Economic Stabilization Act of 2008 using methodology required by the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) and section 123 of the Emergency Economic Sta- bilization Act of 2008; (B) an estimate of the deficit, the debt held by the public, and the gross Federal debt using methodology required by the Fed- eral Credit Reform Act of 1990 and section 123 of the Emergency Economic Stabiliza- tion Act of 2008; (C) an estimate of the current value of all assets purchased, sold, and guaranteed under the authority provided in the Emergency Economic Stabilization Act of 2008 cal- culated on a cash basis; (D) a revised estimate of the deficit, the debt held by the public, and the gross Fed- eral debt, substituting the cash-based esti- mates in subparagraph (C) for the estimates calculated under subparagraph (A) pursuant to the Federal Credit Reform Act of 1990 and section 123 of the Emergency Economic Sta- bilization Act of 2008; and (E) the portion of the deficit which can be attributed to any action taken by the Sec- retary using authority provided by the Emergency Economic Stabilization Act of 2008 and the extent to which the change in the deficit since the most recent estimate is due to a reestimate using the methodology required by the Federal Credit Reform Act of 1990 and section 123 of the Emergency Eco- nomic Stabilization Act of 2008. (37) information on estimates of appropria- tions for the fiscal year following the fiscal year for which the budget is submitted for the following accounts of the Department of Vet- erans Affairs: (A) Veterans Benefits Administration, Compensation and Pensions. (B) Veterans Benefits Administration, Re- adjustment Benefits. (C) Veterans Benefits Administration, Vet- erans Insurance and Indemnities. (D) Veterans Health Administration, Med- ical Services. (E) Veterans Health Administration, Med- ical Support and Compliance. (F) Veterans Health Administration, Med- ical Facilities. (G) Veterans Health Administration, Med- ical Community Care. (38) a separate statement for the Crow Set- tlement Fund established under section 411 of the Crow Tribe Water Rights Settlement Act of 2010, which shall include the estimated amount of deposits into the Fund, obligations, and outlays from the Fund. (b) Estimated expenditures and proposed ap- propriations 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. (c) The President shall recommend in the budget appropriate 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 sub- mitted) 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 Presi- dent 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 sub- mitted. (e)(1) The President shall submit with mate- rials related to each budget transmitted under subsection (a) on or after January 1, 1985, an analysis for the ensuing fiscal year that shall Page 126 TITLE 31—MONEY AND FINANCE § 1105 identify requested appropriations or new obligational authority and outlays for each major program that may be classified as a pub- lic 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 invest- ment 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 ci- vilian capital investment needs in each major program area over a period of ten years; (C) an identification and analysis of the principal policy 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, in- cluding but not limited to the following fac- tors: (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 govern- ments; and (v) estimates of demand for public services derived from such capital investments and estimates of the service capacity of such in- vestments. To the extent that any analysis required by this paragraph relates to any program for which Fed- eral 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 appro- priation, new obligational authority, or outlay shall be classified as a public civilian capital in- vestment to the extent that such appropriation, authority, or outlay will be used for the con- struction, 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 cap- ital investment under paragraph (3). Such assets shall include (but not be limited to)— (A) roadways or bridges, (B) airports or airway facilities, (C) mass transportation systems, (D) wastewater treatment or related facili- ties, (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 appro- priation, new obligational authority, or outlay shall be classified as a military capital invest- ment to the extent that such appropriation, au- thority, or outlay will be used for the construc- tion, acquisition, or rehabilitation of any phys- ical 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 iden- tification 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 de- sign, planning, and erection of new structures and facilities, the expansion of existing struc- tures 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 struc- tures and facilities; (B) the term ‘‘acquisition’’ includes the addi- tion of land, sites, equipment, structures, fa- cilities, or rolling stock by purchase, lease- purchase, trade, or donation; and (C) the term ‘‘rehabilitation’’ includes the alteration of or 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 sub- section (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 subse- quent fiscal years. (g)(1) The Director of the Office of Manage- ment and Budget shall establish the funding for advisory and assistance services for each depart- ment 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 assist- ance 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 fol- lowing services: (i) Routine automated data processing and telecommunications services unless such serv- Page 127 TITLE 31—MONEY AND FINANCE § 1105 ices are an integral part of a contract for the procurement of advisory and assistance serv- ices. (ii) Architectural and engineering services, as defined in section 1102 of title 40. (iii) Research on basic mathematics or med- ical, biological, physical, social, psycho- logical, or other phenomena. (h)(1) If there is a medicare funding warning under section 801(a)(2) of the Medicare Prescrip- tion Drug, Improvement, and Modernization Act of 2003 made in a year, the President shall sub- mit to Congress, within the 15-day period begin- ning on the date of the budget submission to Congress under subsection (a) for the succeeding year, proposed legislation to respond to such warning. (2) Paragraph (1) does not apply if, during the year in which the warning is made, legislation is enacted which eliminates excess general revenue medicare funding (as defined in section 801(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003) for the 7-fiscal- year reporting period, as certified by the Board of Trustees of each medicare trust fund (as de- fined in section 801(c)(5) of such Act) not later than 30 days after the date of the enactment of such legislation. (i)(1) The Director of the Office of Manage- ment and Budget shall make publicly available on a website, and continuously update, a tabular list for each fiscal year of each agency that sub- mits budget justification materials, which shall include— (A) the name of the agency; (B) a unique identifier that identifies the agency; (C) to the extent practicable, the date on which the budget justification materials of the agency are first submitted to Congress; (D) the date on which the budget justifica- tion materials of the agency are posted online under section 3 of the Federal Funding Ac- countability and Transparency Act of 2006 (31 U.S.C. 6101 note); (E) the uniform resource locator where the budget justification materials are published on the website of the agency; and (F) a single data set that contains the infor- mation described in subparagraphs (A) through (E) with respect to the agency for all fiscal years for which budget justifications of the agency are made available under section 3 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) in a structured data format. (2)(A) Each agency that submits budget jus- tification materials shall make the materials available on the website of the agency, in ac- cordance with the policies established by the Di- rector of the Office of Management and Budget under subparagraph (B). (B) Not later than 1 year after the date of en- actment of this subsection, the Director of the Office of Management and Budget, in consulta- tion with the Secretary of the Treasury, shall establish policies and data standards for agen- cies relating to making available materials under subparagraph (A), which shall include guidelines for making budget justification mate- rials available in a format aligned with the re- quirements of section 3(b)(2)(C) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) and using a uniform resource locator that is in a consistent format across agencies and is descriptive, memorable, and pronounceable, such as the format of ‘‘agencyname.gov/budget’’. (C) If the Director of the Office of Management and Budget maintains a public website that con- tains the budget of the United States Govern- ment submitted under subsection (a) and any re- lated materials, such website shall also contain a link to the tabular list required under para- graph (1). (3) In this subsection, the term ‘‘budget jus- tification materials’’ has the meaning given that term in section 3(b)(2) of the Federal Fund- ing Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note). (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 97–452, § 1(2), Jan. 12, 1983, 96 Stat. 2467; Pub. L. 98–501, title II, § 203, Oct. 19, 1984, 98 Stat. 2324; Pub. L. 99–177, title II, § 241, Dec. 12, 1985, 99 Stat. 1063; Pub. L. 100–119, title I, § 106(f), Sept. 29, 1987, 101 Stat. 781; Pub. L. 100–418, title V, § 5301, Aug. 23, 1988, 102 Stat. 1462; Pub. L. 100–504, title I, § 108, Oct. 18, 1988, 102 Stat. 2529; Pub. L. 100–690, title I, § 1006, Nov. 18, 1988, 102 Stat. 4187; Pub. L. 101–508, title XIII, § 13112(c), Nov. 5, 1990, 104 Stat. 1388–608; Pub. L. 101–576, title II, § 203(b), Nov. 15, 1990, 104 Stat. 2841; Pub. L. 103–62, § 4(a), Aug. 3, 1993, 107 Stat. 286; Pub. L. 103–272, § 4(f)(1)(E), July 5, 1994, 108 Stat. 1362; Pub. L. 103–322, title XXXI, § 310001(e), Sept. 13, 1994, 108 Stat. 2103; Pub. L. 103–355, title II, § 2454(a), Oct. 13, 1994, 108 Stat. 3326; Pub. L. 104–287, § 4(1), Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105–33, title X, § 10209(b), Aug. 5, 1997, 111 Stat. 711; Pub. L. 105–277, div. C, title VII, § 713(c), Oct. 21, 1998, 112 Stat. 2681–693; Pub. L. 106–58, title VI, § 638(f), Sept. 29, 1999, 113 Stat. 475; Pub. L. 106–422, § 2(c), Nov. 1, 2000, 114 Stat. 1874; Pub. L. 107–189, § 4(a), June 14, 2002, 116 Stat. 699; Pub. L. 107–217, § 3(h)(3), Aug. 21, 2002, 116 Stat. 1299; Pub. L. 107–296, title VIII, § 889(a), Nov. 25, 2002, 116 Stat. 2250; Pub. L. 108–173, title VIII, § 802(a), Dec. 8, 2003, 117 Stat. 2360; Pub. L. 108–178, § 4(f)(1), Dec. 15, 2003, 117 Stat. 2641; Pub. L. 110–343, div. A, title II, § 203(a), Oct. 3, 2008, 122 Stat. 3801; Pub. L. 110–409, § 7(d)(2), Oct. 14, 2008, 122 Stat. 4313; Pub. L. 111–81, § 2, Oct. 22, 2009, 123 Stat. 2137; Pub. L. 111–291, title IV, §§ 411(h), 415, Dec. 8, 2010, 124 Stat. 3116, 3121; Pub. L. 111–352, § 11(a), Jan. 4, 2011, 124 Stat. 3881; Pub. L. 113–235, div. I, title II, § 244(d), Dec. 16, 2014, 128 Stat. 2569; Pub. L. 114–315, title VI, § 601(b), Dec. 16, 2016, 130 Stat. 1569; Pub. L. 115–31, div. E, title VI, § 630(a), May 5, 2017, 131 Stat. 375; Pub. L. 117–40, § 2(b), Sept. 24, 2021, 135 Stat. 338; Pub. L. 117–286, § 4(b)(50), Dec. 27, 2022, 136 Stat. 4348; Pub. L. 118–172, § 2(b), Dec. 23, 2024, 138 Stat. 2595.) Page 128 TITLE 31—MONEY AND FINANCE § 1105 HISTORICAL AND REVISION NOTES 1982 ACT Revised Section Source (U.S. Code) Source (Statutes at Large) 1105(a) (1)–(14). 31:11(a)(less (5)(words after 2d comma)). June 10, 1921, ch. 18, § 201(a), 42 Stat. 20; restated Sept. 12, 1950, ch. 946, § 102(a), 64 Stat. 832; Aug. 1, 1956, ch. 814, § 1(a), 70 Stat. 782; Oct. 26, 1970, Pub. L. 91–510, § 221(a), 84 Stat. 1169; July 12, 1974, Pub. L. 93–344, §§ 603, 604, 88 Stat. 324. 31:19. June 10, 1921, ch. 18, § 211, 42 Stat. 22; Reorg. Plan No. 1 of 1939, eff. July 1, 1939, § 1, 53 Stat. 1423; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 1105(a)(15) 31:11(d). June 10, 1921, ch. 18, 42 Stat. 20, § 201(d)–(f), (g)(last sen- tence)–(i)(1st sentence); added July 12, 1974, Pub. L. 93–344, § 601, 88 Stat. 323. 1105(a)(16) 31:11(e). 1105(a)(17) 31:11(h). 1105(a) (18)–(20). 31:11(f). 1105(a)(21) 31:25 Oct. 18, 1962, Pub. L. 87–843, § 304(1st par.), 76 Stat. 1097; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085; Sept. 17, 1978, Pub. L. 95–367, § 5(g)(2), 92 Stat. 603. 1105(a)(22) 31:11(i)(1st sen- tence). 1105(a)(23) 31:11(note). Nov. 9, 1977, Pub. L. 95–164, § 305, 91 Stat. 1322. 1105(a)(24) 31:859. Dec. 6, 1945, ch. 557, § 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, § 202, 42 Stat. 21. 1105(d) ..... 31:11(g)(last sen- tence). 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) be- cause of the restatement. The word ‘‘President’’ is sub- stituted 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) des- ignated the Bureau of the Budget as the Office of Man- agement 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 exe- cuted. 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 sub- stituted for ‘‘data’’ for consistency. In subsection (a)(5) and (6), the words ‘‘fiscal year for which the budget is submitted’’ are substituted for ‘‘en- suing fiscal year’’ the first time they appear for clarity. The words ‘‘the 4 fiscal years after that year’’ are sub- stituted for ‘‘projections for the four fiscal years imme- diately following the ensuing fiscal year’’ to eliminate unnecessary words. In subsection (a)(6), the words ‘‘proposals . . . to in- crease revenues’’ are substituted for ‘‘revenue pro- posals’’ 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 desir- able’’ 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 leg- islation’’ 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 oper- ated’’ are omitted as surplus. In subsection (a)(16), the words ‘‘fiscal year for which the budget is submitted’’ are substituted for ‘‘such fis- cal 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 be- fore’’ 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 uncontrol- lable’’. In subsection (a)(19) and (20), the word ‘‘receipts’’ is substituted for ‘‘revenues’’ for consistency in the re- vised 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 appropria- tions’’ 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 sub- stituted 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 ‘‘ex- isting’’ for consistency. The word ‘‘aggregate’’ is omit- ted as surplus. In subsection (d), the words ‘‘When the President sub- mits a budget or supporting information about a budg- et, the President’’ are substituted for ‘‘The Budget transmitted pursuant to subsection (a) of this section Page 129 TITLE 31—MONEY AND FINANCE § 1105 for any fiscal year, or the supporting detail trans- mitted in connection therewith’’ because of the restate- ment. The word ‘‘changes’’ is substituted for ‘‘amend- ments and revisions’’ to eliminate unnecessary words. 1983 ACT Revised Section Source (U.S. Code) Source (Statutes at Large) 1105(a)(25) 31 App.:11(k)(1). June 10, 1921, ch. 18, 42 Stat. 20, § 201(k)(1); added Sept. 8, 1982, Pub. L. 97–255, § 3, 96 Stat. 815. The words ‘‘The President shall include in the sup- porting 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 Presi- dent’’ and ‘‘if any’’ are omitted as surplus. Editorial Notes REFERENCES IN TEXT The Occupational Safety and Health Act of 1970, re- ferred to in subsec. (a)(23), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§ 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, re- ferred 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, § 101, Nov. 9, 1977, 91 Stat. 1290, which is classified prin- cipally to chapter 22 (§ 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 sec- tion 801 of Title 30 and Tables. 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. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsecs. (a)(32) and (f), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038. Section 257(b)(2) of the Act is classified to section 907(b)(2) of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. The Emergency Economic Stabilization Act of 2008, referred to in subsec. (a)(36), is div. A of Pub. L. 110–343, Oct. 3, 2008, 122 Stat. 3765, which is classified prin- cipally to chapter 52 (§ 5201 et seq.) of Title 12, Banks and Banking. Section 123 of the Act is classified to sec- tion 5232 of Title 12. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 5201 of Title 12 and Tables. The Federal Credit Reform Act of 1990, referred to in subsec. (a)(36), is title V of Pub. L. 93–344, as added by Pub. L. 101–508, title XIII, § 13201(a), Nov. 5, 1990, 104 Stat. 1388–609, which is classified generally to sub- chapter III (§ 661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables. Section 411 of the Crow Tribe Water Rights Settle- ment Act of 2010, referred to in subsec. (a)(38), is sec- tion 411 of Pub. L. 111–291, title IV, Dec. 8, 2010, 124 Stat. 3113, subsec. (h) of which amended this section. Sub- secs. (a) to (g) of section 411, which relate to establish- ment of the Crow Settlement Fund, are not classified to the Code. Section 801 of the Medicare Prescription Drug, Im- provement, and Modernization Act of 2003, referred to in subsec. (h), is section 801 of Pub. L. 108–173, which is set out as a note under section 1395i of Title 42, The Public Health and Welfare. Section 3 of the Federal Funding Accountability and Transparency Act of 2006, referred to in subsec. (i), is section 3 of Pub. L. 109–282, which is set out in a note under section 6101 of this title. The date of enactment of this subsection, referred to in subsec. (i)(2)(B), is the date of enactment of Pub. L. 117–40, which was approved Sept. 24, 2021. AMENDMENTS 2024—Subsec. (a)(39). Pub. L. 118–172 struck out par. (39) which read as follows: ‘‘the list of plans and re- ports, as provided for under section 1125, that agencies identified for elimination or consolidation because the plans and reports are determined outdated or duplica- tive of other required plans and reports.’’ 2022—Subsec. (a)(25). Pub. L. 117–286 substituted ‘‘sec- tion 401 of title 5.’’ for ‘‘section 11(2) of the Inspector General Act of 1978.’’ 2021—Subsec. (i). Pub. L. 117–40 added subsec. (i). 2017—Subsec. (a)(35). Pub. L. 115–31, § 630(a)(2), sub- stituted ‘‘cybersecurity’’ for ‘‘homeland security’’ wherever appearing. Subsec. (a)(35)(B). Pub. L. 115–31, § 630(a)(3), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘In implementing this paragraph, in- cluding determining what Federal activities or ac- counts 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 Commit- tees, the House and Senate Appropriations Committees, and the Congressional Budget Office.’’ Pub. L. 115–31, § 630(a)(1), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as fol- lows: ‘‘In this paragraph, consistent with the Office of Management and Budget’s June 2002 ‘Annual Report to Congress on Combatting Terrorism’, the term ‘home- land security’ refers to those activities that detect, deter, protect against, and respond to terrorist attacks occurring within the United States and its territories.’’ Subsec. (a)(35)(C). Pub. L. 115–31, § 630(a)(1), redesig- nated subpar. (C) as (B). 2016—Subsec. (a)(37)(G). Pub. L. 114–315 added subpar. (G). 2014—Subsec. (a)(37). Pub. L. 113–235, § 244(d)(1), added par. (37) and struck out former par. (37) relating to in- formation on estimates of appropriations for certain medical care accounts of the Veterans Health Adminis- tration. Subsec. (a)(39). Pub. L. 113–235, § 244(d)(2), redesig- nated par. (37) relating to list of outdated or duplica- tive plans and reports identified for elimination or con- solidation as par. (39). 2011—Subsec. (a)(33), (35). Pub. L. 111–352, § 11(a)(1), made amendment identical to that made by Pub. L. 111–291, § 411(h)(2). See 2010 Amendment note below. Subsec. (a)(37). Pub. L. 111–352, § 11(a)(2), added par. (37) relating to list of outdated or duplicative plans and reports identified for elimination or consolidation. 2010—Subsec. (a)(33), (35). Pub. L. 111–291, § 411(h)(2), redesignated par. (33) relating to detailed, separate analysis of homeland security appropriations, obligational authority, and outlays as (35). Former par. (35) redesignated (36). Subsec. (a)(36) to (38). Pub. L. 111–291, § 411(h)(1), (3), redesignated par. (35) as (36) and (36) as (37) relating to information on estimates of appropriations for certain medical care accounts of the Veterans Health Adminis- tration and added par. (38). 2009—Subsec. (a)(36). Pub. L. 111–81 added par. (36). 2008—Subsec. (a)(33). Pub. L. 110–409 added par. (33) re- lating to appropriations for the Council of the Inspec- tors General on Integrity and Efficiency and struck out former subsec. (33) relating to separate account for In- spectors General Criminal Investigator Academy and Inspectors General Forensic Laboratory. Subsec. (a)(35). Pub. L. 110–343 added par. (35). 2003—Subsec. (g)(2)(B)(ii). Pub. L. 108–178 inserted ‘‘section’’ before ‘‘1102 of title 40’’. Subsec. (h). Pub. L. 108–173 added subsec. (h). 2002—Subsec. (a)(33). Pub. L. 107–296 added par. (33) re- lating to detailed, separate analysis of homeland secu- rity appropriations, obligational authority, and out- lays. Page 130 TITLE 31—MONEY AND FINANCE § 1105 Subsec. (a)(34). Pub. L. 107–189 added par. (34). Subsec. (g)(2)(B)(ii). Pub. L. 107–217 substituted ‘‘1102 of title 40’’ for ‘‘section 901 of the Brooks Architect-En- gineers Act (40 U.S.C. 541)’’. 2000—Subsec. (a)(33). Pub. L. 106–422 added par. (33) re- lating 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) re- lating 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 redesig- nated 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, § 13112(c)(1), sub- stituted ‘‘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, § 13112(c)(2), amended sub- sec. (f) generally, substituting ‘‘The budget transmitted pursuant to subsection (a) for a fiscal year shall be pre- pared 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 ex- ceed 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 def- icit 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 out- lays and Federal revenues at such levels as the Presi- dent may consider most desirable and feasible. ‘‘(3) The budget transmitted pursuant to subsection (a) for a fiscal year shall include a budget baseline esti- mate 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 cur- rent services budget, the President shall explain the differences. The budget transmitted pursuant to sub- section (a) for such fiscal year shall include the infor- mation 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 re- spect 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 Emer- gency 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 dec- laration 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 fol- lows: ‘‘a separate statement, for each agency having an Office of Inspector General, of the amount of the appro- priation requested for the Office.’’ Subsec. (a)(26). Pub. L. 100–690, §§ 1006, 1009, tempo- rarily added par. (26) relating to statement of appro- priations requested for drug programs. See Effective and Termination Dates of 1988 Amendments note below. Pub. L. 100–418, §§ 5301, 5303, temporarily added par. (26) which read as follows: ‘‘an analysis, prepared by the Office of Management and Budget after consulta- tion with the chairman of the Council of Economic Ad- visers, of the budget’s impact on the international com- petitiveness of United States business and the United States balance of payments position and shall include the following projections, based upon the best informa- tion 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 sav- ings, 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 indebt- edness (defined as net foreign investment); and ‘‘(F) the estimated direction and extent of the in- fluence 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 Amend- ments 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, § 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, § 241(b), added subsec. (f). 1984—Subsec. (e). Pub. L. 98–501 added subsec. (e). 1983—Subsec. (a)(25). Pub. L. 97–452 added par. (25). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115–31, div. E, title VI, § 630(b), May 5, 2017, 131 Stat. 376, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply to budget submissions under section 1105(a) of title 31, United States Code, for fiscal year 2018 and each subse- quent fiscal year.’’ EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–315, title VI, § 601(c), Dec. 16, 2016, 130 Stat. 1569, provided that: ‘‘The amendments made by this section [amending this section and section 117 of Title 38, Veterans’ Benefits] shall apply to fiscal years begin- ning on and after October 1, 2017.’’ EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–343, div. A, title II, § 203(c), Oct. 3, 2008, 122 Stat. 3801, provided that: ‘‘This section [amending this section and enacting provisions set out as a note under this section] and the amendment made by this section shall apply beginning with respect to the fiscal year 2010 budget submission of the President.’’ EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees. 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, Do- mestic Security. Page 131 TITLE 31—MONEY AND FINANCE § 1105 Pub. L. 107–296, title VIII, § 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 repeal- ing 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 8752 of Title 10, Armed Forces. 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 sec- tion] shall be effective for fiscal years 1989, 1990, 1991, and 1992, and shall be fully reflected in the budgets sub- mitted 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 [amend- ing section 632 of Title 2, The Congress] shall be effec- tive 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 a note under section 5315 of Title 5, Government Or- ganization 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 begin- ning after Sept. 30, 1985, but with subsec. (f) to expire Sept. 30, 2002, see section 275(a)(1), (b) of Pub. L. 99–177, formerly 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. REPEAL ON FAILURE TO MEET ENFORCEABILITY DATE Pub. L. 111–291, title IV, § 415, Dec. 8, 2010, 124 Stat. 3121, provided that: ‘‘If the Secretary does not publish a statement of findings under section 410(e) [124 Stat. 3112] not later than March 31, 2016, or the extended date agreed to by the Tribe and the Secretary, after reason- able notice to the State of Montana, as applicable— ‘‘(1) this title [see Short Title of 2010 Amendment note set out under section 1101 of this title] is re- pealed effective April 1, 2016, or the day after the ex- tended date agreed to by the Tribe and the Secretary after reasonable notice to the State of Montana, whichever is later; ‘‘(2) any action taken by the Secretary and any contract or agreement pursuant to the authority pro- vided under any provision of this title shall be void; ‘‘(3) any amounts made available under section 414 [124 Stat. 3120], together with any interest on those amounts, shall immediately revert to the general fund of the Treasury; ‘‘(4) any amounts made available under section 414 that remain unexpended shall immediately revert to the general fund of the Treasury; and ‘‘(5) the United States shall be entitled to set off against any claims asserted by the Tribe against the United States relating to water rights— ‘‘(A) any funds expended or withdrawn from the amounts made available pursuant to this title; and ‘‘(B) any funds made available to carry out the activities authorized in this title from other au- thorized sources.’’ [For definitions of terms used in section 415 of Pub. L. 111–291, set out above, see Pub. L. 111–291, title IV, § 403, Dec. 8, 2010, 124 Stat. 3097, which is not classified to the Code.] [For notice of statement of findings under section 410(e) of Pub. L. 111–291 [124 Stat. 3112] effective June 22, 2016, see 81 F.R. 40720.] CONSTRUCTION OF 1993 AMENDMENT Amendment made by Pub. L. 103–62 not to be con- strued as creating any right, privilege, benefit, or enti- tlement for any person who is not an officer or em- ployee 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 note under section 1101 of this title. REPORTS ON OUTSTANDING GOVERNMENT ACCOUNT- ABILITY OFFICE AND INSPECTOR GENERAL REC- OMMENDATIONS Pub. L. 115–414, § 2, Jan. 3, 2019, 132 Stat. 5430, provided that: ‘‘(a) DEFINITION.—In this section, the term ‘agency’ means— ‘‘(1) a designated Federal entity, as defined in sec- tion 8G(a)(2) of the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see 5 U.S.C. 415(a)(1)]; ‘‘(2) an establishment, as defined in section 12(2) of the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see 5 U.S.C. 401(1)]; and ‘‘(3) legislative branch agencies, including the Gov- ernment Publishing Office, the Library of Congress, the Office of the Architect of the Capitol, and the United States Capitol Police. ‘‘(b) REQUIRED REPORTS.—In the annual budget jus- tification submitted to Congress, as submitted with the budget of the President under section 1105 of title 31, United States Code, each agency shall include— ‘‘(1) a report listing each public recommendation of the Government Accountability Office that is des- ignated by the Government Accountability Office as ‘open’ or ‘closed, unimplemented’ for a period of not less than 1 year preceding the date on which the an- nual budget justification is submitted; ‘‘(2) a report listing each public recommendation for corrective action from the Office of Inspector General of the agency that— ‘‘(A) was published not less than 1 year before the date on which the annual budget justification is submitted; and ‘‘(B) for which no final action was taken as of the date on which the annual budget justification is submitted; and ‘‘(3) a report on the implementation status of each public recommendation described in paragraphs (1) and (2), which shall include— ‘‘(A) with respect to a public recommendation that is designated by the Government Account- ability Office as ‘open’ or ‘closed, unimplemented’— ‘‘(i) that the agency has decided not to imple- ment, a detailed justification for the decision; or ‘‘(ii) that the agency has decided to adopt, a timeline for full implementation, to the extent practicable, if the agency determines that the recommendation has clear budget implications; ‘‘(B) with respect to a public recommendation for corrective action from the Office of Inspector Gen- eral of the agency for which no final action or ac- tion not recommended has been taken, an expla- nation of the reasons why no final action or action not recommended was taken with respect to each audit report to which the public recommendation for corrective action pertains; Page 132 TITLE 31—MONEY AND FINANCE § 1105 ‘‘(C) with respect to an outstanding unimplemented public recommendation from the Office of Inspector General of the agency that the agency has decided to adopt, a timeline for imple- mentation; ‘‘(D) an explanation for any discrepancy be- tween— ‘‘(i) the reports submitted under paragraphs (1) and (2); ‘‘(ii) the semiannual reports submitted by the Office of Inspector General of the agency under section 5 of the Inspector General Act of 1978 ([former] 5 U.S.C. App.) [see 5 U.S.C. 405]; and ‘‘(iii) reports submitted by the Government Ac- countability Office relating to public rec- ommendations that are designated by the Govern- ment Accountability Office as ‘open’ or ‘closed, unimplemented’; and ‘‘(E) for the first 12 months after a public rec- ommendation is made, if the agency is determining whether to implement the public recommendation, a statement describing that the agency is doing so, which shall exempt the agency from the require- ments under subparagraphs (B) and (C) with respect to that public recommendation. ‘‘(c) COPIES OF SUBMISSIONS.—Each agency shall pro- vide a copy of the information submitted under sub- section (b) to the Government Accountability Office and the Office of Inspector General of the agency.’’ ANNUAL AGENCY REPORTS REQUIRED Pub. L. 113–235, div. D, title IV, § 404, Dec. 16, 2014, 128 Stat. 2331, provided that: ‘‘For this fiscal year, and each fiscal year hereafter, each independent agency re- ceiving funding under this title [see Tables for classi- fication] shall submit to the Committees on Appropria- tions of the House of Representatives and the Senate a Congressional Budget Justification and a detailed an- nual report.’’ ADMINISTRATIVE EXPENSES OF EXECUTIVE BRANCH ENTITIES; SEPARATE CATEGORIES Pub. L. 111–85, title V, § 504, Oct. 28, 2009, 123 Stat. 2879, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADMINISTRATIVE EXPENSES.—The term ‘admin- istrative expenses’ has the meaning as determined by the Director under subsection (b)(2). ‘‘(2) AGENCY.—The term ‘agency’— ‘‘(A) means an agency as defined under section 1101 of title 31, United States Code, that is estab- lished in the executive branch and receives funding under this Act [Pub. L. 111–85, see Tables for classi- fication]; and ‘‘(B) shall not include the District of Columbia government. ‘‘(3) DIRECTOR.—The term ‘Director’ means the Di- rector of the Office of Management and Budget. ‘‘(b) ADMINISTRATIVE EXPENSES.— ‘‘(1) IN GENERAL.—All agencies shall include a sepa- rate category for administrative expenses when sub- mitting their appropriation requests to the Office of Management and Budget for fiscal year 2011 and each fiscal year thereafter. ‘‘(2) ADMINISTRATIVE EXPENSES DETERMINED.—In consultation with the agencies, the Director shall es- tablish and revise as necessary a definition of admin- istration expenses for the purposes of this section. All questions regarding the definition of administrative expenses shall be resolved by the Director. ‘‘(c) BUDGET SUBMISSION.—Each budget of the United States Government submitted under section 1105 of title 31, United States Code, for fiscal year 2011 and each fiscal year thereafter shall include the amount re- quested for each agency for administrative expenses.’’ CONSULTATION Pub. L. 110–343, div. A, title II, § 203(b), Oct. 3, 2008, 122 Stat. 3801, provided that: ‘‘In implementing this section [amending this section and enacting provisions set out as a note under this section], the Director of [the] Of- fice of Management and Budget shall consult periodi- cally, but at least annually, with the Committee on the Budget of the House of Representatives, the Committee on the Budget of the Senate, and the Director of the Congressional Budget Office.’’ PROCEDURES IN THE HOUSE OF REPRESENTATIVES Pub. L. 108–173, title VIII, § 803, Dec. 8, 2003, 117 Stat. 2360, provided that: ‘‘(a) INTRODUCTION AND REFERRAL OF PRESIDENT’S LEGISLATIVE PROPOSAL.— ‘‘(1) INTRODUCTION.—In the case of a legislative pro- posal submitted by the President pursuant to section 1105(h) of title 31, United States Code, within the 15- day period specified in paragraph (1) of such section, the Majority Leader of the House of Representatives (or his designee) and the Minority Leader of the House of Representatives (or his designee) shall intro- duce such proposal (by request), the title of which is as follows: ‘A bill to respond to a medicare funding warning.’ Such bill shall be introduced within 3 legis- lative days after Congress receives such proposal. ‘‘(2) REFERRAL.—Any legislation introduced pursu- ant to paragraph (1) shall be referred to the appro- priate committees of the House of Representatives. ‘‘(b) DIRECTION TO THE APPROPRIATE HOUSE COMMIT- TEES.— ‘‘(1) IN GENERAL.—In the House, in any year during which the President is required to submit proposed legislation to Congress under section 1105(h) of title 31, United States Code, the appropriate committees shall report medicare funding legislation by not later than June 30 of such year. ‘‘(2) MEDICARE FUNDING LEGISLATION.—For purposes of this section, the term ‘medicare funding legisla- tion’ means— ‘‘(A) legislation introduced pursuant to sub- section (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15-day period referred to in such sub- section; or ‘‘(B) any bill the title of which is as follows: ‘A bill to respond to a medicare funding warning.’. ‘‘(3) CERTIFICATION.—With respect to any medicare funding legislation or any amendment to such legis- lation to respond to a medicare funding warning, the chairman of the Committee on the Budget of the House shall certify— ‘‘(A) whether or not such legislation eliminates excess general revenue medicare funding (as defined in section 801(c) [set out as a note under section 1395i of Title 42, The Public Health and Welfare]) for each fiscal year in the 7-fiscal-year reporting pe- riod; and ‘‘(B) with respect to such an amendment, whether the legislation, as amended, would eliminate excess general revenue medicare funding (as defined in section 801(c)) for each fiscal year in such 7-fiscal- year reporting period. ‘‘(c) FALLBACK PROCEDURE FOR FLOOR CONSIDERATION IF THE HOUSE FAILS TO VOTE ON FINAL PASSAGE BY JULY 30.— ‘‘(1) After July 30 of any year during which the President is required to submit proposed legislation to Congress under section 1105(h) of title 31, United States Code, unless the House of Representatives has voted on final passage of any medicare funding legis- lation for which there is an affirmative certification under subsection (b)(3)(A), then, after the expiration of not less than 30 calendar days (and concurrently 5 legislative days), it is in order to move to discharge any committee to which medicare funding legislation which has such a certification and which has been re- ferred to such committee for 30 calendar days from further consideration of the legislation. ‘‘(2) A motion to discharge may be made only by an individual favoring the legislation, may be made only if supported by one-fifth of the total membership of Page 133 TITLE 31—MONEY AND FINANCE § 1105 the House (a quorum being present), and is highly privileged in the House. Debate thereon shall be lim- ited to not more than one hour, the time to be di- vided in the House equally between those favoring and those opposing the motion. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ‘‘(3) Only one motion to discharge a particular com- mittee may be adopted under this subsection in any session of a Congress. ‘‘(4) Notwithstanding paragraph (1), it shall not be in order to move to discharge a committee from fur- ther consideration of medicare funding legislation pursuant to this subsection during a session of a Con- gress if, during the previous session of the Congress, the House passed medicare funding legislation for which there is an affirmative certification under sub- section (b)(3)(A). ‘‘(d) FLOOR CONSIDERATION IN THE HOUSE OF DIS- CHARGED LEGISLATION.— ‘‘(1) In the House, not later than 3 legislative days after any committee has been discharged from fur- ther consideration of legislation under subsection (c), the Speaker shall resolve the House into the Com- mittee of the Whole for consideration of the legisla- tion. ‘‘(2) The first reading of the legislation shall be dis- pensed with. All points of order against consideration of the legislation are waived. General debate shall be confined to the legislation and shall not exceed five hours, which shall be divided equally between those favoring and those opposing the legislation. After general debate the legislation shall be considered for amendment under the five-minute rule. During con- sideration of the legislation, no amendments shall be in order in the House or in the Committee of the Whole except those for which there has been an af- firmative certification under subsection (b)(3)(B). All points of order against consideration of any such amendment in the Committee of the Whole are waived. The legislation, together with any amend- ments which shall be in order, shall be considered as read. During the consideration of the bill for amend- ment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congres- sional Record designated for that purpose in clause 8 of Rule XVIII of the Rules of the House of Represent- atives. Debate on any amendment shall not exceed one hour, which shall be divided equally between those favoring and those opposing the amendment, and no pro forma amendments shall be offered during the debate. The total time for debate on all amend- ments shall not exceed 10 hours. At the conclusion of consideration of the legislation for amendment, the Committee shall rise and report the legislation to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the legislation and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. If the Committee of the Whole rises and reports that it has come to no resolution on the bill, then on the next legislative day the House shall, immediately after the third daily order of business under clause 1 of Rule XIV of the Rules of the House of Representa- tives, resolve into the Committee of the Whole for further consideration of the bill. ‘‘(3) All appeals from the decisions of the Chair re- lating to the application of the Rules of the House of Representatives to the procedure relating to any such legislation shall be decided without debate. ‘‘(4) Except to the extent specifically provided in the preceding provisions of this subsection, consider- ation of any such legislation and amendments there- to (or any conference report thereon) shall be gov- erned by the Rules of the House of Representatives applicable to other bills and resolutions, amend- ments, and conference reports in similar cir- cumstances. ‘‘(e) LEGISLATIVE DAY DEFINED.—As used in this sec- tion, the term ‘legislative day’ means a day on which the House of Representatives is in session. ‘‘(f) RESTRICTION ON WAIVER.—In the House, the provi- sions of this section may be waived only by a rule or order proposing only to waive such provisions. ‘‘(g) RULEMAKING POWER.—The provisions of this sec- tion are enacted by the Congress— ‘‘(1) as an exercise of the rulemaking power of the House of Representatives and, as such, shall be con- sidered as part of the rules of that House and shall su- persede other rules only to the extent that they are inconsistent therewith; and ‘‘(2) with full recognition of the constitutional right of that House to change the rules (so far as they relate to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.’’ PROCEDURES IN THE SENATE Pub. L. 108–173, title VIII, § 804, Dec. 8, 2003, 117 Stat. 2363, provided that: ‘‘(a) INTRODUCTION AND REFERRAL OF PRESIDENT’S LEGISLATIVE PROPOSAL.— ‘‘(1) INTRODUCTION.—In the case of a legislative pro- posal submitted by the President pursuant to section 1105(h) of title 31, United States Code, within the 15- day period specified in paragraph (1) of such section, the Majority Leader and Minority Leader of the Sen- ate (or their designees) shall introduce such proposal (by request), the title of which is as follows: ‘A bill to respond to a medicare funding warning.’ Such bill shall be introduced within 3 days of session after Con- gress receives such proposal. ‘‘(2) REFERRAL.—Any legislation introduced pursu- ant to paragraph (1) shall be referred to the Com- mittee on Finance. ‘‘(b) MEDICARE FUNDING LEGISLATION.—For purposes of this section, the term ‘medicare funding legislation’ means— ‘‘(1) legislation introduced pursuant to subsection (a)(1), but only if the legislative proposal upon which the legislation is based was submitted within the 15- day period referred to in such subsection; or ‘‘(2) any bill the title of which is as follows: ‘A bill to respond to a medicare funding warning.’. ‘‘(c) QUALIFICATION FOR SPECIAL PROCEDURES.— ‘‘(1) IN GENERAL.—The special procedures set forth in subsections (d) and (e) shall apply to medicare funding legislation, as described in subsection (b), only if the legislation— ‘‘(A) is medicare funding legislation that is passed by the House of Representatives; or ‘‘(B) contains matter within the jurisdiction of the Committee on Finance in the Senate. ‘‘(2) FAILURE TO QUALIFY FOR SPECIAL PROCEDURES.— If the medicare funding legislation does not satisfy paragraph (1), then the legislation shall be considered under the ordinary procedures of the Standing Rules of the Senate. ‘‘(d) DISCHARGE.— ‘‘(1) IN GENERAL.—If the Committee on Finance has not reported medicare funding legislation described in subsection (c)(1) by June 30 of a year in which the President is required to submit medicare funding leg- islation to Congress under section 1105(h) of title 31, United States Code, then any Senator may move to discharge the Committee of any single medicare funding legislation measure. Only one such motion shall be in order in any session of Congress. ‘‘(2) DEBATE LIMITS.—Debate in the Senate on any such motion to discharge, and all appeals in connec- tion therewith, shall be limited to not more than 2 hours. The time shall be equally divided between, and controlled by, the maker of the motion and the Ma- jority Leader, or their designees, except that in the event the Majority Leader is in favor of such motion, the time in opposition thereto shall be controlled by Page 134 TITLE 31—MONEY AND FINANCE § 1105 the Minority Leader or the Minority Leader’s des- ignee. A point of order under this subsection may be made at any time. It is not in order to move to pro- ceed to another measure or matter while such motion (or the motion to reconsider such motion) is pending. ‘‘(3) AMENDMENTS.—No amendment to the motion to discharge shall be in order. ‘‘(4) EXCEPTION IF CERTIFIED LEGISLATION ENACTED.— Notwithstanding paragraph (1), it shall not be in order to discharge the Committee from further con- sideration of medicare funding legislation pursuant to this subsection during a session of a Congress if the chairman of the Committee on the Budget of the Senate certifies that medicare funding legislation has been enacted that eliminates excess general revenue medicare funding (as defined in section 801(c) [set out as a note under section 1395i of Title 42, The Public Health and Welfare]) for each fiscal year in the 7-fis- cal-year reporting period. ‘‘(e) CONSIDERATION.—After the date on which the Committee on Finance has reported medicare funding legislation described in subsection (c)(1), or has been discharged (under subsection (d)) from further consider- ation of, such legislation, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of such legislation. ‘‘(f) RULES OF THE SENATE.—This section is enacted by the Senate— ‘‘(1) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a bill described in this paragraph, and it supersedes other rules only to the extent that it is inconsistent with such rules; and ‘‘(2) with full recognition of the constitutional right of the Senate to change the rules (so far as re- lating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.’’ [For definition of ‘‘7-fiscal-year reporting period’’ as used in section 804 of Pub. L. 108–173, set out above, see section 801(a)(3) of Pub. L. 108–173, set out as a note under section 1395i of Title 42, The Public Health and Welfare.] TRANSPORTATION SECURITY ADMINISTRATION Pub. L. 107–71, title I, § 142, Nov. 19, 2001, 115 Stat. 644, provided that: ‘‘The President’s budget submission for fiscal year 2003 and each fiscal year thereafter shall re- flect the establishment of the Transportation Security Administration.’’ [For transfer of functions, personnel, assets, and li- abilities of the Transportation Security Administra- tion 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 Secu- rity, and for treatment of related references, see sec- tions 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, § 1(a)(3) [title VI, § 624], Dec. 21, 2000, 114 Stat. 2763, 2763A–161, as amended by Pub. L. 117–286, § 4(a)(194), Dec. 27, 2022, 136 Stat. 4327, provided that: ‘‘(a) IN GENERAL.—For calendar year 2002 and each year thereafter, the Director of the Office of Manage- ment 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 asso- ciated report containing— ‘‘(1) an estimate of the total annual costs and bene- fits (including quantifiable and nonquantifiable ef- fects) 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 Manage- ment and Budget shall provide public notice and an op- portunity 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 Di- rector 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 ac- counting statement and associated report under this section. Such peer review shall not be subject to chap- ter 10 of title 5, United States Code.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 106–58, title VI, § 628, Sept. 29, 1999, 113 Stat. 472. Pub. L. 105–277, div. A, § 101(h) [title VI, § 638], Oct. 21, 1998, 112 Stat. 2681–480, 2681–525. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION Pub. L. 106–159, title I, § 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 RE- PORTING Pub. L. 103–69, title III, § 308, Aug. 11, 1993, 107 Stat. 710, as amended by Pub. L. 104–316, title I, § 115(c), Oct. 19, 1996, 110 Stat. 3834, for fiscal years 1995, 1996, and 1997, required submissions in support of amounts in- cluded in Budget for each entity of the legislative branch to set forth a separate category for administra- tive expenses, for fiscal years 1993 and 1994, required ad- ministrative 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 spe- cific percentage for fiscal years 1994 to 1997, and author- ized 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, § 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, § 2454(a), (b), Oct. 13, 1994, 108 Stat. 3326. NASA TRIENNIAL BUDGET REQUESTS AND ESTIMATES Pub. L. 100–685, title I, § 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 Aero- nautics 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, § 11, Dec. 19, 1991, 105 Stat. 2212, pro- vided that: ‘‘Notwithstanding another law, the Presi- Page 135 TITLE 31—MONEY AND FINANCE § 1105 dent is not required to submit a two-year budget re- quest for the Coast Guard until the President is re- quired to submit a two-year budget request for the De- partment of Transportation.’’ [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] Pub. L. 100–448, § 24, Sept. 28, 1988, 102 Stat. 1847, pro- vided 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 pro- vided 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 Sec- retary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Ap- propriations of the Senate and to the Committee on Merchant Marine and Fisheries and the Committee on Appropriations of the House of Representatives a re- port 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization 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, § 101(c) [title I, § 136], Dec. 22, 1987, 101 Stat. 1329–90, 1329–102, provided that: ‘‘After the effec- tive 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 sec- tions 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, § 1405, Nov. 8, 1985, 99 Stat. 744, which related to congressional findings concerning a two-year budget cycle for the Defense Department, requirement that President submit two-year budget proposals, and a report by the Secretary of Defense to be submitted not later than Apr. 1, 1986, was repealed by Pub. L. 110–181, div. A, title X, § 1006, Jan. 28, 2008, 122 Stat. 303. FEDERAL CAPITAL INVESTMENT PROGRAM; CONGRESSIONAL STATEMENT OF PURPOSES Pub. L. 98–501, title II, § 202, Oct. 19, 1984, 98 Stat. 2324, 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.’’ 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, § 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 sub- mitted under subsec. (a) of this section, see Ex. Ord. No. 12857, § 3, Aug. 4, 1993, 58 F.R. 42181, formerly set out as a note under section 900 of Title 2, The Congress. Executive Documents 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 in part: (1) Each executive department, independent estab- lishment, and emergency agency shall file with the Di- rector of the Bureau of the Budget [now Director of Of- fice of Management and Budget] a functional organiza- tion chart, indicating its various existing bureaus, divi- sions, sections, etc., and containing a description of the functions respectively performed, and shall file such additional charts from time to time, as may be nec- essary to show all changes made therein. (2) Every executive department, independent estab- lishment, 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 fur- nished. FRANKLIN D. ROOSEVELT. ASSIGNMENT OF FUNCTION REGARDING MEDICARE FUNDING Memorandum of the President of the United States, Feb. 14, 2008, 73 F.R. 9169, provided: Memorandum for the Secretary of Health and Human Services By the authority vested in me as President by the Constitution and the laws of the United States, includ- ing section 301 of title 3, United States Code, you are directed to perform the function of the President as de- scribed under section 802 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173, 31 U.S.C. 1105(h)(1)). You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. 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.)