§ 1104. — Budget and appropriations authority of the President.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC1104]
TITLE 31--MONEY AND FINANCE
SUBTITLE II--THE BUDGET PROCESS
CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
Sec. 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
supplemental appropriations under section 1107 of this title. To the
extent practicable, the President shall use uniform terms in stating the
purposes and conditions of appropriations.
(b) Except as provided in this chapter, the President shall
prescribe the contents and order of statements in the budget on
expenditures and estimated expenditures and statements on proposed
appropriations and information submitted with the budget and proposed
appropriations. The President shall include with the budget and proposed
appropriations information on personnel and other objects of expenditure
in the way that information was included in the budget for fiscal year
1950. However, the requirement that information be included in the
budget in that way may be waived or changed by joint action of the
Committees on Appropriations of both Houses of Congress. This subsection
does not limit the authority of a committee of Congress to request
information in a form it prescribes.
(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. However, the President may change the functional
categories in the budget only in consultation with the Committees on
Appropriations and on the Budget of both Houses of Congress. Committees
of the House of Representatives and Senate shall receive prompt
notification of all such changes.
(d) The President shall develop programs and prescribe regulations
to improve the compilation, analysis, publication, and dissemination of
statistical information by executive agencies. The President shall carry
out this subsection through the Administrator for the Office of
Information and Regulatory Affairs in the Office of Management and
Budget.
(e) Under regulations prescribed by the President, each agency shall
provide information required by the President in carrying out this
chapter. The President has access to, and may inspect, records of an
agency to obtain information.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 99-177, title II,
Sec. 224, Dec. 12, 1985, 99 Stat. 1060.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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1104(a).............................. 31:16(last sentence related to June 10, 1921, ch. 18, Sec. 207(last
preparation of budgets and sentence related to preparation of
appropriations). budgets and appropriations), 42 Stat.
22; restated Sept. 12, 1950, ch. 946,
Sec. 102(e), 64 Stat. 833; Reorg. Plan
No. 2 of 1970, eff. July 1, 1970, Sec.
102(a), 84 Stat. 2085.
31:623. June 23, 1913, ch. 3, Sec. 3, 38 Stat.
75; Reorg. Plan No. 1 of 1939, eff. July
1, 1939, Sec. 1, 53 Stat. 1423; Reorg.
Plan No. 2 of 1970, eff. July 1, 1970,
Sec. 102(a), 84 Stat. 2085.
1104(b).............................. 31:581. June 10, 1921, ch. 18, Sec. 204, 42
Stat. 21; restated Sept. 12, 1950, ch.
946, Sec. 102(c), 64 Stat. 833.
1104(c).............................. 31:11d. July 12, 1974, Pub. L. 93-344, Sec. 802,
88 Stat. 330.
31:581a. June 10, 1921, ch. 18, Sec. 205, 42
Stat. 21; restated Sept. 12, 1950, ch.
946, Sec. 102(d), 64 Stat. 833.
1104(d).............................. 31:18b. Sept. 12, 1950, ch. 946, Sec. 103, 64
Stat. 834; Reorg. Plan No. 2 of 1970,
eff. July 1, 1970, Sec. 102(a), 84
Stat. 2085.
44:3503(note). Dec. 11, 1980, Pub. L. 96-511, Sec.
3(a), 94 Stat. 2825.
1104(e).............................. 31:21. June 10, 1921, ch. 18, Sec. 213, 42
Stat. 23; Reorg. Plan No. 1 of 1939,
eff. July 1, 1939, Sec. 1, 53 Stat.
1423; Reorg. Plan No. 2 of 1970, eff.
July 1, 1970, Sec. 102(a), 84 Stat.
2085.
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In the section, the word ``President'' is substituted for ``Office''
in 31:16(last sentence), ``President, through the Director of the Office
of Management and Budget'' in 31:18b, ``President and the Director of
the Office of Management and Budget'' in 44:3503(note), and ``Office of
Management and Budget'' in 31:21 and 623, because sections 101 and
102(a) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat.
2085), designated the Bureau of the Budget as the Office of Management
and Budget and transferred all functions of the Bureau to the President.
In subsection (a), the words ``under such rules and regulations as
the President may prescribe'' in 31:16(last sentence) are omitted as
unnecessary because of section 101 of Reorganization Plan No. 2 of 1970.
The words ``use uniform terms in stating'' are substituted for ``make
uniform the language commonly used in expressing'' in 31:623 for
consistency. The words ``eliminate from all estimates unnecessary
words'' are omitted as unnecessary because of the authority of the
President under this subsection to prepare the budget. The text of
section 3(words before semicolon) in the Act of June 23, 1913 (ch. 13,
38 Stat. 75) is omitted as superseded by 31:ch. 1 and 31:581.
In subsection (b), the word ``arrangement'' is omitted as being
included in ``order''. The word ``information'' is substituted for
``notes and other data'', and the word ``submitted'' is substituted for
``transmitted'', for consistency. The words ``The President shall
include'' are substituted for ``shall be accompanied by'' because of the
authority of the President under subsection (a) to prepare the budget.
The words ``proposed appropriations'' are substituted for ``proposed
supplemental or deficiency appropriations'' because of the restatement.
The word ``personnel'' is substituted for ``personal services'' for
clarity. The word ``way'' is substituted for ``manner and form'' for
consistency. The words ``either generally or in specific cases'' are
omitted as surplus. The word ``request'' is substituted for ``request
and receive'' to eliminate unnecessary words. The words ``it
prescribes'' are substituted for ``as they may desire in consideration
of and action upon budget estimates'' to eliminate unnecessary words.
In subsection (c), the words ``President makes'' are substituted for
``is made'' in 31:581a as being more precise. The word ``information''
is substituted for ``explanatory notes and tables'' for consistency in
the revised title. The words ``to Congress'', ``as may be necessary'',
and ``various'' are omitted as surplus. The words ``The President may
change'' are substituted for ``Any change . . . shall be made only'' in
31:11d because the President prepares and submits the budget under
31:11. The word ``budget'' is substituted for ``Budget of the United
States Government transmitted pursuant to section 11 of this title'' to
eliminate unnecessary words and for consistency in the chapter.
In subsection (d), the word ``gathering'' in 31:18b is omitted as
being included in ``compilation''. The text of 31:18b(last sentence) is
omitted as unnecessary because of the restatement of the source
provisions in subsection (e). The words ``carry out . . . through'' are
substituted for ``delegate to'' in 44:3503(note) for consistency.
In subsection (e), the word ``provide'' is substituted for
``furnish'' for consistency. The words ``required by the President in
carrying out this chapter'' are substituted for ``as the Office may from
time to time require'' because of section 101 of Reorganization Plan No.
2 of 1970 and to provide comparable limiting language on when
information may be required. The words ``the director and the assistant
director, or any employee of the Office when duly authorized'' are
omitted because of 3:301. The word ``inspect'' is substituted for
``examine'' for consistency in the revised title. The word ``records''
is substituted for ``books, documents, papers, or records'' for
consistency in the revised title and with other titles of the United
States Code.
Amendments
1985--Subsec. (c). Pub. L. 99-177 inserted provisions relating to
notice to committees of House of Representatives and Senate.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and applicable
with respect to fiscal years beginning after Sept. 30, 1985, see section
275(a)(1) of Pub. L. 99-177, set out as an Effective and Termination
Dates note under section 900 of Title 2, The Congress.
Ex. Ord. No. 10253. Provisions for Improvement of Work of Federal
Executive Agencies With Respect to Statistical Information
Ex. Ord. No. 10253, June 11, 1951, 16 F.R. 5605, as amended by Ex.
Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No. 12318, Aug.
12, 1981, 46 F.R. 42833, provided:
Section 1. The Director of the Office of Management and Budget
(hereinafter referred to as the Director) shall develop programs, and
issue regulations and orders, for the improved gathering, compiling,
analyzing, publishing, and disseminating of statistical information for
any purpose by the various agencies in the executive branch of the
Federal Government.
Sec. 2. In order to carry out the provisions of Section 1 of this
order, the Director shall maintain a continuing study for the
improvement of the statistical work of the agencies in the executive
branch of the Federal Government with a view to obtaining the maximum
benefit from the funds and facilities available for such work, giving
due consideration to the constantly changing character of the various
needs for statistical information both within and without the Government
and, where the statistical work is primarily concerned with operating
programs, giving due consideration to administrative needs, statutory
requirements, and the needs involved in the development of
administrative and legislative recommendations. The Director, either
upon his own initiative or upon the request of any such agency, shall
(a) provide for the interchange of information calculated to improve
statistical work, (b) make appropriate arrangements for improving
statistical work involving relationships between two or more agencies,
and (c) assist the agencies, by other means, to improve their
statistical work.
Sec. 3. The following shall be included among the objectives sought
in carrying out the provisions of Section 1 hereof:
(a) To achieve an adequate program of statistical work in the
agencies of the executive branch, in relation to over-all needs for
statistical information, including the filling of gaps and overcoming of
weaknesses in presently available statistical information.
(b) To achieve the most effective use of resources available for
statistical work by the agencies, in relation to over-all needs.
(c) To minimize the burden upon those furnishing statistical data
needed by the various Federal agencies.
(d) To improve the reliability and timeliness of statistical
information.
(e) To achieve maximum comparability among the several statistical
series and studies.
(f) To improve the presentation of statistical information and of
explanations regarding the sources and reliability of such information,
and regarding the limitations on the uses that can appropriately be made
of it.
Sec. 4. Regulations and orders issued pursuant to Section 1 hereof
shall be signed by the Director. When so signed, such regulations and
orders shall require no further approval and shall be adhered to by all
agencies in the executive branch. Any such regulation or order may
pertain to a single agency, a group of agencies, or all agencies in the
executive branch.
Sec. 5. In the development of programs and the preparation of
regulations and orders for issuance pursuant to Section 1 hereof, the
Director shall consult Federal agencies whose activities will be
substantially affected, and may consult non-Federal groups to the extent
he finds it necessary to carry out the purposes of this order.
Sec. 6. The authority outlined in this order is in addition to and
not in substitution for the existing authority of the Director, or of
the Office of Management and Budget, with respect to statistical and
reporting activities. To the extent, however, that this order conflicts
with any previous Executive order affecting statistical or reporting
activities, the provisions of this order shall control.
Sec. 7. As required by Section 3(a) of the Paperwork Reduction Act
of 1980 (94 Stat. 2825; 44 U.S.C. 3503 note), the Director shall
redelegate to the Administrator for the Office of Information and
Regulatory Affairs, Office of Management and Budget, all functions,
authority, and responsibility under Section 103 of the Budget and
Accounting Procedures Act of 1950 (31 U.S.C. 18b) [31 U.S.C. 1104(d)]
which have been vested in the Director by this Order.
Sec. 8. [Revoked by Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R.
42833.]
Section Referred to in Other Sections
This section is referred to in title 20 section 76j.
