31 U.S.C. § 1108 — Preparation and submission of appropria-

Page 137 TITLE 31—MONEY AND FINANCE § 1108 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1107 ......... 31:14. June 10, 1921, ch. 18, § 203, 42 Stat. 21; restated Sept. 12, 1950, ch. 946, § 102(b), 64 Stat. 833. In the section, the words ‘‘reach an aggregate which’’ are omitted as surplus. Editorial Notes AMENDMENTS 2011—Pub. L. 112–74 inserted at end ‘‘The President shall transmit promptly to Congress without change, proposed deficiency and supplemental appropriations submitted to the President by the legislative branch and the judicial branch.’’ § 1108. Preparation and submission of appropria- tions requests to the President (a) In this section (except subsections (b)(1) and (e)), ‘‘agency’’ means a department, agency, or instrumentality of the United States Govern- ment. (b)(1) The head of each agency shall prepare and submit to the President each appropriation request for the agency. The request shall be pre- pared and submitted in the form prescribed by the President under this chapter and by the date established by the President. When the head of an agency does not submit a request by that date, the President shall prepare the request for the agency to be included in the budget or changes in the budget or as deficiency and sup- plemental appropriations. The President may change agency appropriation requests. Agency appropriation requests shall be developed from cost-based budgets in the way and at times pre- scribed by the President. The head of the agency shall use the cost-based budget to administer the agency and to divide appropriations or amounts. (2) An officer or employee of an agency in the executive branch may submit to the President or Congress a request for legislation authorizing deficiency or supplemental appropriations for the agency only with the approval of the head of the agency. (c) The head of an agency shall include with an appropriation request submitted to the Presi- dent a report that the statement of obligations submitted with the request contains obligations consistent with section 1501 of this title. The head of the agency shall support the report with a certification of the consistency and shall sup- port the certification with records showing that the amounts have been obligated. The head of the agency shall designate officials to make the certifications, and those officials may not dele- gate the duty to make the certifications. The certifications and records shall be kept in the agency— (1) in a form that makes audits and rec- onciliations easy; and (2) for a period necessary to carry out audits and reconciliations. (d) To the extent practicable, the head of an agency shall— (1) provide information supporting the agen- cy’s budget request for its missions by func- tion and subfunction (including the mission of each organizational unit of the agency); and (2) relate the agency’s programs to its mis- sions. (e) Except as provided in subsection (f) of this section, an officer or employee of an agency (as defined in section 1101 of this title) may submit to Congress or a committee of Congress an ap- propriations estimate or request, a request for an increase in that estimate or request, or a rec- ommendation on meeting the financial needs of the Government only when requested by either House of Congress. (f) The Interstate Commerce Commission shall submit to Congress copies of budget estimates, requests, and information (including personnel needs), legislative recommendations, prepared testimony for congressional hearings, and com- ments on legislation at the same time they are sent to the President or the Office of Manage- ment and Budget. An officer of an agency may not impose conditions on or impair communica- tion by the Commission with Congress, or a committee or member of Congress, about the in- formation. (g) Amounts available under law are available for field examinations of appropriation esti- mates. The use of the amounts is subject only to regulations prescribed by the appropriate stand- ing committees of Congress. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 912.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1108(a) ..... (no source). 1108(b)(1) 31:16(last sentence related to appro- priations re- quests). June 10, 1921, ch. 18, § 207(last sentence related to appro- priations requests), 42 Stat. 22; restated Sept. 12, 1950, ch. 946, § 102(e), 64 Stat. 833; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 31:22, 23. June 10, 1921, ch. 18, §§ 214, 215, 42 Stat. 23; restated Sept. 12, 1950, ch. 946, § 102(f), (g), 64 Stat. 833; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 31:24(a). June 10, 1921, ch. 18, § 216(a), 42 Stat. 23; restated Sept. 12, 1950, ch. 946, § 102(h), 64 Stat. 834; Aug. 1, 1956, ch. 814, § 1(b), 70 Stat. 782; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 31:24(b), (c). June 10, 1921, ch. 18, 42 Stat. 20, § 216(b), (c); added Aug. 1, 1956, ch. 814, § 1(b), 70 Stat. 782. 1108(b)(2) 31:581b. Sept. 12, 1950, ch. 946, § 201, 64 Stat. 838; Reorg. Plan. No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 1108(c) ..... 31:200(b). Aug. 26, 1954, ch. 935, § 1311(b), 68 Stat. 830; restated July 8, 1959, Pub. L. 86–79, § 210(a), 73 Stat. 167; Reorg. Plan No. 2 of 1970, eff. July 1, 1970, § 102(a), 84 Stat. 2085. 31:200(c). Aug. 26, 1954, ch. 935, § 1311(c), 68 Stat. 831. 1108(d) ..... 31:11(i)(last sen- tence). June 10, 1921, ch. 18, 42 Stat. 20, § 201(i)(last sentence); added July 12, 1974, Pub. L. 93–344, § 601, 88 Stat. 323. 1108(e) ..... 31:15. June 10, 1921, ch. 18, § 206, 42 Stat. 21. 1108(f) ..... 31:11(j). June 10, 1921, ch. 18, 42 Stat. 20, § 201(j); added Feb. 5, 1976, Pub. L. 94–210, § 311, 90 Stat. 60. 1108(g) ..... 31:22a. Aug. 7, 1953, ch. 340, § 1314, 67 Stat. 438. Page 138 TITLE 31—MONEY AND FINANCE § 1109 Subsection (a) is included because the source provi- sions restated in subsections (c), (d), (f), and (g) of the revised section are derived from laws that apply to all organizational units and branches of the United States Government rather than the units and branches in- cluded in the chapter-wide definition in section 1101. In subsection (b)(1), the word ‘‘President’’ is sub- stituted for ‘‘Office’’ in 31:16(last sentence) and ‘‘Office of Management and Budget’’ in 31:23 and 24(a) because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085) designated the Bu- reau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words ‘‘prepare’’ is substituted for ‘‘prepare or cause to be prepared’’ in 31:22 to eliminate unnecessary words. The word ‘‘appropriations’’ is sub- stituted for ‘‘regular, supplementary, or deficiency ap- propriations’’ in 31:22 and 24(a) to eliminate unneces- sary words. The words ‘‘in each year’’ are omitted as surplus. The words ‘‘in the form prescribed by the President under this chapter and by the date estab- lished by the President’’ are substituted for ‘‘on or be- fore a date which the President shall determine’’ in 31:23, and ‘‘as the President may determine in accord- ance with the provisions of section 11 of this title’’ and ‘‘in such manner and at such times as may be deter- mined by the President’’ in 31:24, to eliminate unneces- sary words and to provide a cross-reference to the au- thority of the President to prepare and submit budgets and appropriations request. The words ‘‘prepare the re- quest for the agency to be included in the budget or changes in the budget or as deficiency or supplemental appropriations’’ are substituted for ‘‘cause such re- quests to be prepared as are necessary to enable him to include such requests with the Budget in respect to the work of such department or establishment’’ in 31:23 for clarity and because of the restatement. The word ‘‘change’’ is substituted for ‘‘assemble, correlate, re- vise, reduce, or increase’’ in 31:16 (last sentence) to eliminate unnecessary words. The words ‘‘The head of the agency shall use’’ are substituted for ‘‘shall be used by all departments and establishments and their subor- dinate units’’ and ‘‘shall be made on the basis of’’ in 31:24 as being more precise. The word ‘‘operation’’ is omitted as being included in ‘‘administer’’. The word ‘‘amounts’’ is substituted for ‘‘funds’’ for consistency in the revised title. The word ‘‘divide’’ is substituted for ‘‘administrative subdivisions’’ because of the re- statement. In subsection (b)(2), the words ‘‘deficiency or supple- mental appropriations’’ are substituted for ‘‘subsequent appropriations’’ for consistency. The words ‘‘the Office of Management and Budget’’ are omitted because sec- tions 101 and 102(a) of Reorganization Plan No. 2 of 1970 designated the Bureau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words ‘‘the agency’’ are substituted for ‘‘by such department or establish- ment, or by any organization unit thereof’’ to elimi- nate unnecessary words. In subsection (c), before clause (1), the word ‘‘Presi- dent’’ is substituted for ‘‘Office of Management and Budget’’ in 31:200(b) because sections 101 and 102(a) of Reorganization Plan No. 2 of 1970 designated the Bu- reau of the Budget as the Office of Management and Budget and transferred all functions of the Bureau to the President. The words ‘‘submitted with the request contains obligations consistent with’’ are substituted for ‘‘furnished therewith consists of valid obligations as defined in’’ for clarity and because of the restatement. The words ‘‘The head of the agency shall support the report with a certification of the consistency’’ are sub- stituted for ‘‘Each report made pursuant to subsection (b) of this section shall be supported by certifications’’ in 31:200(c) for clarity. The words ‘‘duty to make cer- tifications’’ are substituted for ‘‘responsibility’’ for consistency. In subsection (d)(1), the words ‘‘its missions’’ are sub- stituted for ‘‘its assigned mission’’, and the words ‘‘the mission’’ are substituted for ‘‘mission responsibilities’’, to eliminate unnecessary words. In subsection (d)(2), the word ‘‘mission’’ is sub- stituted for ‘‘agency missions’’ to eliminate unneces- sary words. In subsection (e), the words ‘‘Except as provided in subsection (f) of this section’’ are added because of the restatement. The word ‘‘financial’’ is substituted for ‘‘revenue’’ for consistency in the revised title. In subsection (f), the word ‘‘personnel’’ is substituted for ‘‘manpower’’, and the words ‘‘at the same time’’ are substituted for ‘‘concurrently’’, for clarity. The words ‘‘officer of an agency’’ are substituted for ‘‘officer or agency’’ as being more precise. The word ‘‘prohibit’’ is omitted as being included in ‘‘impose conditions on or impair’’. The word ‘‘communication’’ is substituted for ‘‘free communication’’ to eliminate a surplus word. The words ‘‘about the information’’ are substituted for ‘‘with respect to any budget estimate or request of the Commission’’ for consistency and to eliminate unneces- sary words. In subsection (g), the word ‘‘Amounts’’ is substituted for ‘‘Funds’’, the word ‘‘law’’ is substituted for ‘‘Act’’, and the words ‘‘regulations prescribed’’ are substituted for ‘‘regulations’’, for consistency in the revised title. The words ‘‘of Congress’’ are added for clarity. Statutory Notes and Related Subsidiaries ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appro- priate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. § 1109. Current programs and activities estimates (a) On or before the first Monday after Janu- ary 3 of each year (on or before February 5 in 1986), the President shall submit to both Houses of Congress the estimated budget outlays and proposed budget authority that would be in- cluded in the budget for the following fiscal year if programs and activities of the United States Government were carried on during that year at the same level as the current fiscal year without a change in policy. The President shall state the estimated budget outlays and proposed budget authority by function and subfunction under the classifications in the budget summary table under the heading ‘‘Budget Authority and Out- lays by Function and Agency’’, by major pro- grams in each function, and by agency. The President also shall include a statement of the economic and program assumptions on which those budget outlays and budget authority are based, including inflation, real economic growth, and unemployment rates, program case- loads, and pay increases. (b) The Joint Economic Committee shall re- view the estimated budget outlays and proposed budget authority and submit an economic eval- uation of the budget outlays and budget author- ity to the Committees on the Budget of both Houses before March 1 of each year. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 913; Pub. L. 99–177, title II, § 222, Dec. 12, 1985, 99 Stat. 1060.)