§ 1108. — Preparation and submission of appropriations requests to 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: 31USC1108]
TITLE 31--MONEY AND FINANCE
SUBTITLE II--THE BUDGET PROCESS
CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
Sec. 1108. Preparation and submission of appropriations 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
Government.
(b)(1) The head of each agency shall prepare and submit to the
President each appropriation request for the agency. The request shall
be prepared 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 supplemental appropriations.
The President may change agency appropriation requests. Agency
appropriation requests shall be developed from cost-based budgets in the
way and at times prescribed 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 President 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 support 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 delegate the duty to make
the certifications. The certifications and records shall be kept in the
agency--
(1) in a form that makes audits and reconciliations 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 agency's budget request
for its missions by function and subfunction (including the mission
of each organizational unit of the agency); and
(2) relate the agency's programs to its missions.
(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 appropriations estimate
or request, a request for an increase in that estimate or request, or a
recommendation 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 comments on legislation at the same time
they are sent to the President or the Office of Management and Budget.
An officer of an agency may not impose conditions on or impair
communication by the Commission with Congress, or a committee or member
of Congress, about the information.
(g) Amounts available under law are available for field examinations
of appropriation estimates. The use of the amounts is subject only to
regulations prescribed by the appropriate standing committees of
Congress.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 912.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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1108(a).............................. (no source).
1108(b)(1)........................... 31:16(last sentence related to June 10, 1921, ch. 18, Sec. 207(last
appropriations requests). sentence related to appropriations
requests), 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.
31:22, 23. June 10, 1921, ch. 18, Secs. 214, 215,
42 Stat. 23; restated Sept. 12, 1950,
ch. 946, Sec. 102(f), (g), 64 Stat.
833; Reorg. Plan No. 2 of 1970, eff.
July 1, 1970, Sec. 102(a), 84 Stat.
2085.
31:24(a). June 10, 1921, ch. 18, Sec. 216(a), 42
Stat. 23; restated Sept. 12, 1950, ch.
946, Sec. 102(h), 64 Stat. 834; Aug. 1,
1956, ch. 814, Sec. 1(b), 70 Stat. 782;
Reorg. Plan No. 2 of 1970, eff. July 1,
1970, Sec. 102(a), 84 Stat. 2085.
31:24(b), (c). June 10, 1921, ch. 18, 42 Stat. 20, Sec.
216(b), (c); added Aug. 1, 1956, ch.
814, Sec. 1(b), 70 Stat. 782.
1108(b)(2)........................... 31:581b. Sept. 12, 1950, ch. 946, Sec. 201, 64
Stat. 838; Reorg. Plan. No. 2 of 1970,
eff. July 1, 1970, Sec. 102(a), 84
Stat. 2085.
1108(c).............................. 31:200(b). Aug. 26, 1954, ch. 935, Sec. 1311(b), 68
Stat. 830; restated July 8, 1959, Pub.
L. 86-79, Sec. 210(a), 73 Stat. 167;
Reorg. Plan No. 2 of 1970, eff. July 1,
1970, Sec. 102(a), 84 Stat. 2085.
31:200(c). Aug. 26, 1954, ch. 935, Sec. 1311(c), 68
Stat. 831.
1108(d).............................. 31:11(i)(last sentence). June 10, 1921, ch. 18, 42 Stat. 20, Sec.
201(i)(last sentence); added July 12,
1974, Pub. L. 93-344, Sec. 601, 88
Stat. 323.
1108(e).............................. 31:15. June 10, 1921, ch. 18, Sec. 206, 42
Stat. 21.
1108(f).............................. 31:11(j). June 10, 1921, ch. 18, 42 Stat. 20, Sec.
201(j); added Feb. 5, 1976, Pub. L. 94-
210, Sec. 311, 90 Stat. 60.
1108(g).............................. 31:22a. Aug. 7, 1953, ch. 340, Sec. 1314, 67
Stat. 438.
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Subsection (a) is included because the source provisions 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 included in
the chapter-wide definition in section 1101.
In subsection (b)(1), the word ``President'' is substituted 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 Bureau 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
substituted for ``regular, supplementary, or deficiency appropriations''
in 31:22 and 24(a) to eliminate unnecessary 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 established by the
President'' are substituted for ``on or before a date which the
President shall determine'' in 31:23, and ``as the President may
determine in accordance with the provisions of section 11 of this
title'' and ``in such manner and at such times as may be determined by
the President'' in 31:24, to eliminate unnecessary words and to provide
a cross-reference to the authority of the President to prepare and
submit budgets and appropriations request. The words ``prepare the
request 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 requests 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, revise, 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 subordinate 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 restatement.
In subsection (b)(2), the words ``deficiency or supplemental
appropriations'' are substituted for ``subsequent appropriations'' for
consistency. The words ``the Office of Management and Budget'' are
omitted because sections 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
establishment, or by any organization unit thereof'' to eliminate
unnecessary words.
In subsection (c), before clause (1), the word ``President'' 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 Bureau 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 substituted 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 certifications'' are
substituted for ``responsibility'' for consistency.
In subsection (d)(1), the words ``its missions'' are substituted 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 substituted for
``agency missions'' to eliminate unnecessary 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
unnecessary 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.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission
transferred, except as otherwise provided in Pub. L. 104-88, to Surface
Transportation Board effective Jan. 1, 1996, by section 702 of Title 49,
Transportation, and section 101 of Pub. L. 104-88, set out as a note
under section 701 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 appropriate,
see section 205 of Pub. L. 104-88, set out as a note under section 701
of Title 49.
Section Referred to in Other Sections
This section is referred to in sections 1554, 3512 of this title;
title 15 section 2935; title 19 section 2345; title 40 section 17504;
title 42 section 300j-12; title 49 section 5309.
