[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC1105]
TITLE 31--MONEY AND FINANCE
SUBTITLE II--THE BUDGET PROCESS
CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
Sec. 1105. Budget contents and submission to Congress
(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
budget of the United States Government for the following fiscal year.
Each budget shall include a budget message and summary and supporting
information. 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 information.
(4) a reconciliation of the summary information on expenditures
with proposed appropriations.
(5) except as provided in subsection (b) of this section,
estimated expenditures and proposed 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 submitted and the 4 fiscal years after that year
under--
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts 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 budget is submitted if financial
proposals in the budget are adopted.
(10) essential information about the debt of the Government.
(11) other financial information the President decides is
desirable to explain in practicable detail the financial condition
of the Government.
(12) for each proposal in the budget for legislation that would
establish or expand a Government activity or function, a table
showing--
(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 fiscal 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
submitted.
(14) an allowance for unanticipated uncontrollable 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 existing law in the tax
expenditures budget (as defined 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
proposals in the budget.
(17) information on estimates of appropriations 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 authorization 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, estimated in the budget submitted for that year,
for each major program having relatively uncontrollable outlays with
the total amount of outlays for that program in that year.
(19) a comparison of the total amount of receipts for the prior
fiscal year, estimated in the budget submitted for that year, with
receipts 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 differences 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
Program Act (15 U.S.C. 2904);
(B) specific aspects of the program of, and appropriations
for, each agency; and
(C) estimated goals and financial requirements.
(22) a statement of budget authority, proposed budget authority,
budget outlays, and proposed budget outlays, and descriptive
information 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 appropriations 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 Government 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 appropriations for
each Office of Inspector General of an establishment defined under
section 11(2) of the Inspector General Act of 1978.
(26) a separate statement of the amount of appropriations
requested for the Office of National 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 Federal Financial Management.
(28) beginning with fiscal year 1999, a Federal Government
performance plan for the overall budget as provided for under
section 1115.
(29) information about the Violent Crime Reduction Trust Fund,
including a separate statement of amounts in that Trust Fund.
(30) an analysis displaying, by agency, proposed reductions in
full-time equivalent positions 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 Financial Officer in the Executive Office of
the President.
(32) a statement of the levels of budget authority and outlays
for each program assumed to be extended in the baseline as provided
in section 257(b)(2)(A) and for excise taxes assumed to be extended
under section 257(b)(2)(C) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(33) \1\ a separate appropriation account for appropriations for
the Inspectors General Criminal Investigator Academy and the
Inspectors General Forensic Laboratory of the Department of the
Treasury.
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\1\ So in original. Another par. (33) is set out after par. (34).
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(34) with respect to the amount of appropriations requested for
use by the Export-Import Bank of the United States, a separate
statement of the amount requested for its program budget, the amount
requested for its administrative expenses, and of the amount
requested for its administrative expenses, the amount requested for
technology expenses.
(33) \2\ (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,
the fiscal years for which the budget is submitted, and the ensuing
fiscal year identifying the amounts of gross and net appropriations
or obligational authority and outlays that contribute to homeland
security, with separate displays for mandatory and discretionary
amounts, including--
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\2\ So in original. Another par. (33) is set out preceding par.
(34).
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(I) summaries of the total amount of such appropriations or
new obligational authority and outlays requested for homeland
security;
(II) an estimate of the current service levels of homeland
security spending;
(III) the most recent risk assessment and summary of
homeland security needs in each initiative area (as determined
by the administration); and
(IV) an estimate of user fees collected by the Federal
Government on behalf of homeland security activities;
(ii) with respect to subclauses (I) through (IV) of clause (i),
amounts shall be provided by account for each program, project and
activity; and
(iii) an estimate of expenditures for homeland security
activities by State and local governments and the private sector for
the prior fiscal year and the current fiscal year.
(B) In this paragraph, consistent with the Office of Management
and Budget's June 2002 ``Annual Report to Congress on Combatting
Terrorism'', the term ``homeland security'' refers to those
activities that detect, deter, protect against, and respond to
terrorist attacks occurring within the United States and its
territories.
(C) In implementing this paragraph, including determining what
Federal activities or accounts 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 Committees, the House and Senate
Appropriations Committees, and the Congressional Budget Office.
(b) Estimated expenditures and proposed appropriations 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 submitted) 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 President 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 submitted.
(e)(1) The President shall submit with materials related to each
budget transmitted under subsection (a) on or after January 1, 1985, an
analysis for the ensuing fiscal year that shall identify requested
appropriations or new obligational authority and outlays for each major
program that may be classified as a public 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 investment 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 civilian 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, including but not limited to the following factors:
(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 governments; and
(v) estimates of demand for public services derived from
such capital investments and estimates of the service capacity
of such investments.
To the extent that any analysis required by this paragraph relates to
any program for which Federal 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 appropriation, new
obligational authority, or outlay shall be classified as a public
civilian capital investment to the extent that such appropriation,
authority, or outlay will be used for the construction, 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 capital 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 facilities,
(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 appropriation, new
obligational authority, or outlay shall be classified as a military
capital investment to the extent that such appropriation, authority, or
outlay will be used for the construction, acquisition, or rehabilitation
of any physical 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 identification 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 design, planning, and
erection of new structures and facilities, the expansion of existing
structures 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 structures and
facilities;
(B) the term ``acquisition'' includes the addition of land,
sites, equipment, structures, facilities, 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 subsection (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 subsequent fiscal years.
(g)(1) The Director of the Office of Management and Budget shall
establish the funding for advisory and assistance services for each
department 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 assistance 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 following services:
(i) Routine automated data processing and telecommunications
services unless such services are an integral part of a contract for
the procurement of advisory and assistance services.
(ii) Architectural and engineering services, as defined in
section 1102 of title 40.
(iii) Research on basic mathematics or medical, biological,
physical, social, psychological, or other phenomena.
(h)(1) If there is a medicare funding warning under section
801(a)(2) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 made in a year, the President shall submit to
Congress, within the 15-day period beginning 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 defined in section 801(c)(5) of such Act)
not later than 30 days after the date of the enactment of such
legislation.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 97-452,
Sec. 1(2), Jan. 12, 1983, 96 Stat. 2467; Pub. L. 98-501, title II,
Sec. 203, Oct. 19, 1984, 98 Stat. 2324; Pub. L. 99-177, title II,
Sec. 241, Dec. 12, 1985, 99 Stat. 1063; Pub. L. 100-119, title I,
Sec. 106(f), Sept. 29, 1987, 101 Stat. 781; Pub. L. 100-418, title V,
Sec. 5301, Aug. 23, 1988, 102 Stat. 1462; Pub. L. 100-504, title I,
Sec. 108, Oct. 18, 1988, 102 Stat. 2529; Pub. L. 100-690, title I,
Sec. 1006, Nov. 18, 1988, 102 Stat. 4187; Pub. L. 101-508, title XIII,
Sec. 13112(c), Nov. 5, 1990, 104 Stat. 1388-608; Pub. L. 101-576, title
II, Sec. 203(b), Nov. 15, 1990, 104 Stat. 2841; Pub. L. 103-62,
Sec. 4(a), Aug. 3, 1993, 107 Stat. 286; Pub. L. 103-272,
Sec. 4(f)(1)(E), July 5, 1994, 108 Stat. 1362; Pub. L. 103-322, title
XXXI, Sec. 310001(e), Sept. 13, 1994, 108 Stat. 2103; Pub. L. 103-355,
title II, Sec. 2454(a), Oct. 13, 1994, 108 Stat. 3326; Pub. L. 104-287,
Sec. 4(1), Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105-33, title X,
Sec. 10209(b), Aug. 5, 1997, 111 Stat. 711; Pub. L. 105-277, div. C,
title VII, Sec. 713(c), Oct. 21, 1998, 112 Stat. 2681-693; Pub. L. 106-
58, title VI, Sec. 638(f), Sept. 29, 1999, 113 Stat. 475; Pub. L. 106-
422, Sec. 2(c), Nov. 1, 2000, 114 Stat. 1874; Pub. L. 107-189,
Sec. 4(a), June 14, 2002, 116 Stat. 699; Pub. L. 107-217, Sec. 3(h)(3),
Aug. 21, 2002, 116 Stat. 1299; Pub. L. 107-296, title VIII, Sec. 889(a),
Nov. 25, 2002, 116 Stat. 2250; Pub. L. 108-173, title VIII, Sec. 802(a),
Dec. 8, 2003, 117 Stat. 2360; Pub. L. 108-178, Sec. 4(f)(1), Dec. 15,
2003, 117 Stat. 2641.)
Termination of Subsection (f)
For termination of subsection (f) of this section by section
275(b) of Pub. L. 99-177, as amended, see Effective and Termination
Dates of 1985 Amendment note below.
Historical and Revision Notes
1982 Act
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
1105(a) (1)-(14)..................... 31:11(a)(less (5)(words after June 10, 1921, ch. 18, Sec. 201(a), 42
2d comma)). Stat. 20; restated Sept. 12, 1950, ch.
946, Sec. 102(a), 64 Stat. 832; Aug. 1,
1956, ch. 814, Sec. 1(a), 70 Stat. 782;
Oct. 26, 1970, Pub. L. 91-510, Sec.
221(a), 84 Stat. 1169; July 12, 1974,
Pub. L. 93-344, Secs. 603, 604, 88
Stat. 324.
31:19. June 10, 1921, ch. 18, Sec. 211, 42
Stat. 22; 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.
1105(a)(15).......................... 31:11(d). June 10, 1921, ch. 18, 42 Stat. 20, Sec.
201(d)-(f), (g)(last sentence)-(i)(1st
sentence); added July 12, 1974, Pub. L.
93-344, Sec. 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, Sec.
304(1st par.), 76 Stat. 1097; Reorg.
Plan No. 2 of 1970, eff. July 1, 1970,
Sec. 102(a), 84 Stat. 2085; Sept. 17,
1978, Pub. L. 95-367, Sec. 5(g)(2), 92
Stat. 603.
1105(a)(22).......................... 31:11(i)(1st sentence).
1105(a)(23).......................... 31:11(note). Nov. 9, 1977, Pub. L. 95-164, Sec. 305,
91 Stat. 1322.
1105(a)(24).......................... 31:859. Dec. 6, 1945, ch. 557, Sec. 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, Sec. 202, 42
Stat. 21.
1105(d).............................. 31:11(g)(last sentence).
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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) because of the restatement. The word ``President'' is
substituted 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) 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 ``in connection with the budget
presentation for fiscal year 1964 and each succeeding year thereafter''
are omitted as executed.
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 substituted for
``data'' for consistency.
In subsection (a)(5) and (6), the words ``fiscal year for which the
budget is submitted'' are substituted for ``ensuing fiscal year'' the
first time they appear for clarity. The words ``the 4 fiscal years after
that year'' are substituted for ``projections for the four fiscal years
immediately following the ensuing fiscal year'' to eliminate unnecessary
words.
In subsection (a)(6), the words ``proposals . . . to increase
revenues'' are substituted for ``revenue proposals'' 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 desirable'' 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 legislation'' 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 operated'' are omitted
as surplus.
In subsection (a)(16), the words ``fiscal year for which the budget
is submitted'' are substituted for ``such fiscal 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 before'' 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 uncontrollable''.
In subsection (a)(19) and (20), the word ``receipts'' is substituted
for ``revenues'' for consistency in the revised 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 appropriations'' 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 substituted 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 ``existing'' for consistency. The word
``aggregate'' is omitted as surplus.
In subsection (d), the words ``When the President submits a budget
or supporting information about a budget, the President'' are
substituted for ``The Budget transmitted pursuant to subsection (a) of
this section for any fiscal year, or the supporting detail transmitted
in connection therewith'' because of the restatement. The word
``changes'' is substituted for ``amendments and revisions'' to eliminate
unnecessary words.
1983 Act
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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, Sec.
201(k)(1); added Sept. 8, 1982, Pub. L.
97-255, Sec. 3, 96 Stat. 815.
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The words ``The President shall include in the supporting 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
President'' and ``if any'' are omitted as surplus.
References in Text
The Occupational Safety and Health Act of 1970, referred to in
subsec. (a)(23), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as
amended, which is classified principally to chapter 15 (Sec. 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, referred 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, Sec. 101, Nov. 9, 1977, 91 Stat.
1290, which is classified principally to chapter 22 (Sec. 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 section 801 of
Title 30 and Tables.
Section 11(2) of the Inspector General Act of 1978, referred to in
subsec. (a)(25), is section 11(2) of Pub. L. 95-452, which is set out in
the Appendix to Title 5, Government Organization and Employees.
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.
Section 257(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985, referred to in subsec. (a)(32), is classified to
section 907(b)(2) of Title 2, The Congress.
Section 801 of the Medicare Prescription Drug, Improvement, 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.
Amendments
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) relating to
detailed, separate analysis of homeland security appropriations,
obligational authority, and outlays.
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-Engineers Act (40 U.S.C.
541)''.
2000--Subsec. (a)(33). Pub. L. 106-422 added par. (33) relating 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) relating 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 redesignated 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, Sec. 13112(c)(1), substituted
``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, Sec. 13112(c)(2), amended subsec. (f)
generally, substituting ``The budget transmitted pursuant to subsection
(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 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 exceed 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 deficit 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 outlays and
Federal revenues at such levels as the President may consider most
desirable and feasible.
``(3) The budget transmitted pursuant to subsection (a) for a fiscal
year shall include a budget baseline estimate 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
current services budget, the President shall explain the differences.
The budget transmitted pursuant to subsection (a) for such fiscal year
shall include the information 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 respect 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 Emergency
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 declaration 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 follows: ``a separate statement,
for each agency having an Office of Inspector General, of the amount of
the appropriation requested for the Office.''
Subsec. (a)(26). Pub. L. 100-690, Secs. 1006, 1009, temporarily
added par. (26) relating to statement of appropriations requested for
drug programs. See Effective and Termination Dates of 1988 Amendments
note below.
Pub. L. 100-418, Secs. 5301, 5303, temporarily added par. (26) which
read as follows: ``an analysis, prepared by the Office of Management and
Budget after consultation with the chairman of the Council of Economic
Advisers, of the budget's impact on the international competitiveness of
United States business and the United States balance of payments
position and shall include the following projections, based upon the
best information 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 savings,
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 indebtedness
(defined as net foreign investment); and
``(F) the estimated direction and extent of the influence 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 Amendments 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, Sec. 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, Secs. 241(b), 275(b), temporarily added
subsec. (f). See Effective and Termination Dates of 1985 Amendment note
below.
1984--Subsec. (e). Pub. L. 98-501 added subsec. (e).
1983--Subsec. (a)(25). Pub. L. 97-452 added par. (25).
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, Domestic Security.
Pub. L. 107-296, title VIII, Sec. 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 repealing 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 251 of Title 41, Public Contracts.
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 section] shall be effective for fiscal
years 1989, 1990, 1991, and 1992, and shall be fully reflected in the
budgets submitted 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 [amending section 632 of Title 2, The
Congress] shall be effective 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 an Effective Date of 1988
Amendment note under section 5 of Pub. L. 95-452 [Inspector General Act
of 1978] in the Appendix to Title 5, Government Organization 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 beginning after Sept. 30, 1985, but with subsec.
(f) to expire Sept. 30, 2002, see section 275(a)(1), (b) of Pub. L. 99-
177, as amended, set out as an Effective and Termination Dates note
under section 900 of Title 2, The Congress.
Construction of 1993 Amendment
Amendment made by Pub. L. 103-62 not to be construed as creating any
right, privilege, benefit, or entitlement for any person who is not an
officer or employee 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 Construction note under section 1115 of
this title.
Procedures in the House of Representatives
Pub. L. 108-173, title VIII, Sec. 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 proposal
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 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 legislative days after Congress receives such
proposal.
``(2) Referral.--Any legislation introduced pursuant to
paragraph (1) shall be referred to the appropriate committees of the
House of Representatives.
``(b) Direction to the Appropriate House Committees.--
``(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 legislation' means--
``(A) 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
``(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 legislation 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 period; 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
legislation 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
referred 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 the House (a quorum being present), and
is highly privileged in the House. Debate thereon shall be limited
to not more than one hour, the time to be divided 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 committee 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 further consideration of medicare
funding legislation pursuant to this subsection during a session of
a Congress if, during the previous session of the Congress, the
House passed medicare funding legislation for which there is an
affirmative certification under subsection (b)(3)(A).
``(d) Floor Consideration in the House of Discharged Legislation.--
``(1) In the House, not later than 3 legislative days after any
committee has been discharged from further consideration of
legislation under subsection (c), the Speaker shall resolve the
House into the Committee of the Whole for consideration of the
legislation.
``(2) The first reading of the legislation shall be dispensed
