31 U.S.C. § 1104 — Budget and appropriations authority of

Page 121 TITLE 31—MONEY AND FINANCE § 1104 [see Short Title of 1993 Amendment note set out above] may be construed as— ‘‘(1) 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 who is not an officer or employee of the United States acting in such capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this Act; or ‘‘(2) superseding any statutory requirement, includ- ing any requirement under section 553 of title 5, United States Code.’’ CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSES Pub. L. 103–62, § 2, Aug. 3, 1993, 107 Stat. 285, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) waste and inefficiency in Federal programs un- dermine the confidence of the American people in the Government and reduces the Federal Government’s ability to address adequately vital public needs; ‘‘(2) Federal managers are seriously disadvantaged in their efforts to improve program efficiency and ef- fectiveness, because of insufficient articulation of program goals and inadequate information on pro- gram performance; and ‘‘(3) congressional policymaking, spending decisions and program oversight are seriously handicapped by insufficient attention to program performance and results. ‘‘(b) PURPOSES.—The purposes of this Act [see Short Title of 1993 Amendment note set out above] are to— ‘‘(1) improve the confidence of the American people in the capability of the Federal Government, by sys- tematically holding Federal agencies accountable for achieving program results; ‘‘(2) initiate program performance reform with a se- ries of pilot projects in setting program goals, meas- uring program performance against those goals, and reporting publicly on their progress; ‘‘(3) improve Federal program effectiveness and public accountability by promoting a new focus on results, service quality, and customer satisfaction; ‘‘(4) help Federal managers improve service deliv- ery, by requiring that they plan for meeting program objectives and by providing them with information about program results and service quality; ‘‘(5) improve congressional decisionmaking by pro- viding more objective information on achieving stat- utory objectives, and on the relative effectiveness and efficiency of Federal programs and spending; and ‘‘(6) improve internal management of the Federal Government.’’ CONGRESSIONAL OVERSIGHT Pub. L. 103–62, § 8(a), Aug. 3, 1993, 107 Stat. 294, pro- vided that: ‘‘Nothing in this Act [see Short Title of 1993 Amendment note set out above] shall be construed as limiting the ability of Congress to establish, amend, suspend, or annul a performance goal. Any such action shall have the effect of superseding that goal in the plan submitted under section 1105(a)(29) [now 1105(a)(28)] of title 31, United States Code.’’ Executive Documents EXECUTIVE ORDER NO. 13037 Ex. Ord. No. 13037, Mar. 3, 1997, 62 F.R. 10185, as amended by Ex. Ord. No. 13066, Oct. 29, 1997, 62 F.R. 59273; Ex. Ord. No. 13108, Dec. 11, 1998, 63 F.R. 69175, which established the Commission to Study Capital Budgeting, was revoked by Ex. Ord. No. 13138, § 3(d), Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under section 14 of the Appendix to Title 5, Government Organization and Employees. § 1102. Fiscal year The fiscal year of the Treasury begins on Oc- tober 1 of each year and ends on September 30 of the following year. Accounts of receipts and ex- penditures required under law to be published each year shall be published for the fiscal year. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 908.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1102 ......... 31:1020. R.S. § 237; Oct. 1, 1890, ch. 1256, § 9, 26 Stat. 646; restated July 12, 1974, Pub. L. 93–344, § 501, 88 Stat. 321. The words ‘‘in all matters of accounts, receipts, ex- penditures, estimates, and appropriations’’ are omitted as being included in ‘‘fiscal’’. The word ‘‘prepared’’ is omitted as being included in ‘‘published’’. The words ‘‘as established by subsection (a) of this section’’ are omitted as unnecessary because of the restatement. The text of 31:1020(a)(1) and the words ‘‘beginning on October 1, 1976’’ are omitted as executed. Statutory Notes and Related Subsidiaries FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER 30, 1976 Pub. L. 94–274, Apr. 21, 1976, 90 Stat. 383, provided for an orderly transition to the new Oct. 1 to Sept. 30 fiscal year for particular acts by specifying how the period of July 1, 1976, through Sept. 30, 1976, was to be treated for fiscal year purposes. § 1103. Budget ceiling Congress reaffirms its commitment that budg- et outlays of the United States Government for a fiscal year may be not more than the receipts of the Government for that year. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 908.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1103 ......... 31:27. Oct. 10, 1978, Pub. L. 95–435, § 7, 92 Stat. 1053; restated Oct. 7, 1980, Pub. L. 96–389, § 3, 94 Stat. 1553. The word ‘‘total’’ is omitted as surplus. The words ‘‘for a fiscal year’’ are substituted for ‘‘beginning with Fiscal Year 1981’’ because of the restatement and to eliminate executed words. The words ‘‘for that year’’ are added because of the restatement. § 1104. Budget and appropriations authority of the President (a) The President shall prepare budgets of the United States Government under section 1105 of this title and proposed deficiency and supple- mental appropriations under section 1107 of this title. To the extent practicable, the President shall use uniform terms in stating the purposes and conditions of appropriations. (b) Except as provided in this chapter, the President shall prescribe the contents and order of statements in the budget on expenditures and estimated expenditures and statements on pro- posed appropriations and information submitted with the budget and proposed appropriations. The President shall include with the budget and proposed appropriations information on per- sonnel and other objects of expenditure in the way that information was included in the budget for fiscal year 1950. However, the requirement Page 122 TITLE 31—MONEY AND FINANCE § 1104 that information be included in the budget in that way may be waived or changed by joint ac- tion of the Committees on Appropriations of both Houses of Congress. This subsection does not limit the authority of a committee of Con- gress to request information in a form it pre- scribes. (c) When the President makes a basic change in the form of the budget, the President shall submit with the budget information showing where items in the budget for the prior fiscal year are contained in the present budget. How- ever, the President may change the functional categories in the budget only in consultation with the Committees on Appropriations and on the Budget of both Houses of Congress. Commit- tees of the House of Representatives and Senate shall receive prompt notification of all such changes. (d) The President shall develop programs and prescribe regulations to improve the compila- tion, analysis, publication, and dissemination of statistical information by executive agencies. The President shall carry out this subsection through the Administrator for the Office of In- formation and Regulatory Affairs in the Office of Management and Budget. (e) Under regulations prescribed by the Presi- dent, each agency shall provide information re- quired by the President in carrying out this chapter. The President has access to, and may inspect, records of an agency to obtain informa- tion. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 99–177, title II, § 224, Dec. 12, 1985, 99 Stat. 1060.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1104(a) ..... 31:16(last sentence related to prepa- ration of budgets and appropria- tions). June 10, 1921, ch. 18, § 207(last sentence related to prepara- tion of budgets and appro- priations), 42 Stat. 22; re- stated Sept. 12, 1950, ch. 946, § 102(e), 64 Stat. 833; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 31:623. June 23, 1913, ch. 3, § 3, 38 Stat. 75; 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. 1104(b) ..... 31:581. June 10, 1921, ch. 18, § 204, 42 Stat. 21; restated Sept. 12, 1950, ch. 946, § 102(c), 64 Stat. 833. 1104(c) ..... 31:11d. July 12, 1974, Pub. L. 93–344, § 802, 88 Stat. 330. 31:581a. June 10, 1921, ch. 18, § 205, 42 Stat. 21; restated Sept. 12, 1950, ch. 946, § 102(d), 64 Stat. 833. 1104(d) ..... 31:18b. Sept. 12, 1950, ch. 946, § 103, 64 Stat. 834; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 44:3503(note). Dec. 11, 1980, Pub. L. 96–511, § 3(a), 94 Stat. 2825. 1104(e) ..... 31:21. June 10, 1921, ch. 18, § 213, 42 Stat. 23; 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. In the section, the word ‘‘President’’ is substituted for ‘‘Office’’ in 31:16(last sentence), ‘‘President, through the Director of the Office of Management and Budget’’ in 31:18b, ‘‘President and the Director of the Office of Management and Budget’’ in 44:3503(note), and ‘‘Office of Management and Budget’’ in 31:21 and 623, because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085), designated the Bu- reau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. In subsection (a), the words ‘‘under such rules and regulations as the President may prescribe’’ in 31:16(last sentence) are omitted as unnecessary because of section 101 of Reorganization Plan No. 2 of 1970. The words ‘‘use uniform terms in stating’’ are substituted for ‘‘make uniform the language commonly used in ex- pressing’’ in 31:623 for consistency. The words ‘‘elimi- nate from all estimates unnecessary words’’ are omit- ted as unnecessary because of the authority of the President under this subsection to prepare the budget. The text of section 3(words before semicolon) in the Act of June 23, 1913 (ch. 13, 38 Stat. 75) is omitted as super- seded by 31:ch. 1 and 31:581. In subsection (b), the word ‘‘arrangement’’ is omitted as being included in ‘‘order’’. The word ‘‘information’’ is substituted for ‘‘notes and other data’’, and the word ‘‘submitted’’ is substituted for ‘‘transmitted’’, for con- sistency. The words ‘‘The President shall include’’ are substituted for ‘‘shall be accompanied by’’ because of the authority of the President under subsection (a) to prepare the budget. The words ‘‘proposed appropria- tions’’ are substituted for ‘‘proposed supplemental or deficiency appropriations’’ because of the restatement. The word ‘‘personnel’’ is substituted for ‘‘personal serv- ices’’ for clarity. The word ‘‘way’’ is substituted for ‘‘manner and form’’ for consistency. The words ‘‘either generally or in specific cases’’ are omitted as surplus. The word ‘‘request’’ is substituted for ‘‘request and re- ceive’’ to eliminate unnecessary words. The words ‘‘it prescribes’’ are substituted for ‘‘as they may desire in consideration of and action upon budget estimates’’ to eliminate unnecessary words. In subsection (c), the words ‘‘President makes’’ are substituted for ‘‘is made’’ in 31:581a as being more pre- cise. The word ‘‘information’’ is substituted for ‘‘ex- planatory notes and tables’’ for consistency in the re- vised title. The words ‘‘to Congress’’, ‘‘as may be nec- essary’’, and ‘‘various’’ are omitted as surplus. The words ‘‘The President may change’’ are substituted for ‘‘Any change . . . shall be made only’’ in 31:11d because the President prepares and submits the budget under 31:11. The word ‘‘budget’’ is substituted for ‘‘Budget of the United States Government transmitted pursuant to section 11 of this title’’ to eliminate unnecessary words and for consistency in the chapter. In subsection (d), the word ‘‘gathering’’ in 31:18b is omitted as being included in ‘‘compilation’’. The text of 31:18b(last sentence) is omitted as unnecessary be- cause of the restatement of the source provisions in subsection (e). The words ‘‘carry out . . . through’’ are substituted for ‘‘delegate to’’ in 44:3503(note) for con- sistency. In subsection (e), the word ‘‘provide’’ is substituted for ‘‘furnish’’ for consistency. The words ‘‘required by the President in carrying out this chapter’’ are sub- stituted for ‘‘as the Office may from time to time re- quire’’ because of section 101 of Reorganization Plan No. 2 of 1970 and to provide comparable limiting lan- guage on when information may be required. The words ‘‘the director and the assistant director, or any em- ployee of the Office when duly authorized’’ are omitted because of 3:301. The word ‘‘inspect’’ is substituted for ‘‘examine’’ for consistency in the revised title. The word ‘‘records’’ is substituted for ‘‘books, documents, papers, or records’’ for consistency in the revised title and with other titles of the United States Code. Editorial Notes AMENDMENTS 1985—Subsec. (c). Pub. L. 99–177 inserted provisions relating to notice to committees of House of Represent- atives and Senate. 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.