
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 106-422 Section 2(c)]
[Document affected by Public Law 106-554 Section 1(a)(3)[624]]
[Document affected by Public Law 107-71 Section 142]
[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) 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.

    (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 901 of the Brooks Architect-Engineers Act (40 U.S.C. 541).
        (iii) Research on basic mathematics or medical, biological, 
    physical, social, psychological, or other phenomena.

(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.)

                          Amendment of Section

        For termination of amendment 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
-------------------------------------------------------------------------------
---------------------------------
           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. 2
0; restated Sept. 12, 1950, ch.
                                                                        946, Se
c.  102(a), 64 Stat. 832; Aug. 1,
                                                                        1956, c
h. 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. 3
24.
                                       31:19.                          June 10,
 1921, ch. 18, Sec.  211, 42
                                                                        Stat. 2
2; Reorg. Plan No. 1 of 1939,
                                                                        eff. Ju
ly 1, 1939, Sec.  1, 53 Stat.
                                                                        1423; R
eorg. 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
                                                                        sentenc
e); 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.  1
02(a), 84 Stat. 2085; Sept. 17,
                                                                        1978, P
ub. L. 95-367, Sec.  5(g)(2), 92
                                                                        Stat. 6
03.
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. 6
01.
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. 2
1.
1105(d)..............................  31:11(g)(last sentence).
-------------------------------------------------------------------------------
---------------------------------

    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
-------------------------------------------------------------------------------
---------------------------------
           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.
-------------------------------------------------------------------------------
---------------------------------

    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.


                               Amendments

    2000--Subsec. (a)(33). Pub. L. 106-422 added par. (33).
    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 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.


          Annual Statement and Report on Rules and Regulations

    Pub. L. 106-554, Sec. 1(a)(3) [title VI, Sec. 624], Dec. 21, 2000, 
114 Stat. 2763, 2763A-161, provided that:
    ``(a) In General.--For calendar year 2002 and each year thereafter, 
the Director of the Office of Management and Budget shall prepare and 
submit to Congress, with the budget submitted under section 1105 of 
title 31, United States Code, an accounting statement and associated 
report containing--
        ``(1) an estimate of the total annual costs and benefits 
    (including quantifiable and nonquantifiable effects) of Federal 
    rules and paperwork, to the extent feasible--
            ``(A) in the aggregate;
            ``(B) by agency and agency program; and
            ``(C) by major rule;
        ``(2) an analysis of impacts of Federal regulation on State, 
    local, and tribal government, small business, wages, and economic 
    growth; and
        ``(3) recommendations for reform.
    ``(b) Notice.--The Director of the Office of Management and Budget 
shall provide public notice and an opportunity to comment on the 
statement and report under subsection (a) before the statement and 
report are submitted to Congress.
    ``(c) Guidelines.--To implement this section, the Director of the 
Office of Management and Budget shall issue guidelines to agencies to 
standardize--
        ``(1) measures of costs and benefits; and
        ``(2) the format of accounting statements.
    ``(d) Peer Review.--The Director of the Office of Management and 
Budget shall provide for independent and external peer review of the 
guidelines and each accounting statement and associated report under 
this section. Such peer review shall not be subject to the Federal 
Advisory Committee Act (5 U.S.C. App.).''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 106-58, title VI, Sec. 628, Sept. 29, 1999, 113 Stat. 472.
    Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 638], Oct. 21, 
1998, 112 Stat. 2681-480, 2681-525.


               Federal Motor Carrier Safety Administration

    Pub. L. 106-159, title I, Sec. 107(b), Dec. 9, 1999, 113 Stat. 1758, 
provided that: ``The President's budget submission for fiscal year 2001 
and each fiscal year thereafter shall reflect the establishment of the 
Federal Motor Carrier Safety Administration in accordance with this Act 
[see Tables for classification].''


    Administrative Expenses of Legislative Branch Entities; Separate 
                    Categories; Compliance Reporting

    Pub. L. 103-69, title III, Sec. 308, Aug. 11, 1993, 107 Stat. 710, 
as amended by Pub. L. 104-316, title I, Sec. 115(c), Oct. 19, 1996, 110 
Stat. 3834, for fiscal years 1995, 1996, and 1997, required submissions 
in support of amounts included in Budget for each entity of the 
legislative branch to set forth a separate category for administrative 
expenses, for fiscal years 1993 and 1994, required administrative 
expenses for each entity of the legislative branch to be calculated and 
submitted in a separate category in same format as if submitted in 
support of amounts included in the Budget, for fiscal years 1994, 1995, 
1996, and 1997, required submissions in the separate category for 
administrative expenses for each entity of the legislative branch to 
include reductions by a specific percentage for fiscal years 1994 to 
1997, and authorized the Comptroller General to carry out compliance 
reporting under this section.


     Separate Object Class for Consulting Services in Annual Budgets

    Pub. L. 102-394, title V, Sec. 512, Oct. 6, 1992, 106 Stat. 1826, 
which directed the Office of Management and Budget to establish funding 
for consulting services for each department and agency as separate 
object class in each budget annually submitted to Congress under this 
section, was repealed and restated in subsec. (g) of this section by 
Pub. L. 103-355, title II, Sec. 2454(a), (b), Oct. 13, 1994, 108 Stat. 
3326.


              NASA Triennial Budget Requests and Estimates

    Pub. L. 100-685, title I, Sec. 104, Nov. 17, 1988, 102 Stat. 4086, 
provided that: ``Commencing in fiscal year 1990 and every year 
thereafter, the President shall submit to Congress a budget request for 
the National Aeronautics and Space Administration for the immediate 
fiscal year and the following fiscal year, and include budget estimates 
for the third fiscal year.''


                  Two-Year Budget Cycle for Coast Guard

    Pub. L. 102-241, Sec. 11, Dec. 19, 1991, 105 Stat. 2212, provided 
that: ``Notwithstanding another law, the President is not required to 
submit a two-year budget request for the Coast Guard until the President 
is required to submit a two-year budget request for the Department of 
Transportation.''
    Pub. L. 100-448, Sec. 24, Sept. 28, 1988, 102 Stat. 1847, provided 
that:
    ``(a) Opinion of Congress.--It is the opinion of the Congress that 
the programs and activities of the Coast Guard could be more effectively 
and efficiently planned and managed if funds for the Coast Guard were 
provided on a 2-year cycle rather than annually.
    ``(b) Submission of 2-Year Budget by President.--The President shall 
include in the budget for fiscal year 1990 submitted to the Congress 
pursuant to section 1105 of title 31, United States Code, a single 
proposed budget for the Coast Guard for fiscal years 1990 and 1991. 
Thereafter, the President shall submit a proposed 2-year budget for the 
Coast Guard every other year.
    ``(c) Report.--Not later than October 1, 1988, the Secretary of the 
department in which the Coast Guard is operating shall submit to the 
Committee on Commerce, Science, and Transportation and the Committee on 
Appropriations of the Senate and to the Committee on Merchant Marine and 
Fisheries and the Committee on Appropriations of the House of 
Representatives a report containing--
        ``(1) the Secretary's views on the advantages and disadvantages 
    of operating the Coast Guard on a 2-year budget cycle;
        ``(2) the Secretary's plans for converting to a 2-year budget 
    cycle; and
        ``(3) a description of any impediments (statutory or otherwise) 
    to converting the operations of the Coast Guard to a 2-year budget 
    cycle beginning with fiscal year 1990.''


Water and Sewer Services Furnished to Government Facilities in District 
                               of Columbia

    Pub. L. 100-202, Sec. 101(c) [title I, Sec. 136], Dec. 22, 1987, 101 
Stat. 1329-90, 1329-102, provided that: ``After the effective date of 
this Joint Resolution [Dec. 22, 1987], the President shall include, 
without change, in each annual budget submitted to the Congress under 
section 1105 of title 31, United States Code, the values estimated by 
the Mayor of the District of Columbia for water and water services and 
sanitary sewer services furnished to facilities of the United States 
Government under sections 106 and 212 of the District of Columbia Public 
Works Act of 1954, as amended (D.C. Code, sections 43-1552, 43-1612).''


             Two-Year Budget Cycle for Department of Defense

    Pub. L. 99-145, title XIV, Sec. 1405, Nov. 8, 1985, 99 Stat. 744, 
provided that:
    ``(a) Findings.--The Congress finds that the programs and activities 
of the Department of Defense could be more effectively and efficiently 
planned and managed if funds for the Department were provided on a two-
year cycle rather than annually.
    ``(b) Requirement for Two-Year Budget Proposal.--The President shall 
include in the budget submitted to the Congress pursuant to section 1105 
of title 31, United States Code, for fiscal year 1988 a single proposed 
budget for the Department of Defense and related agencies for fiscal 
years 1988 and 1989. Thereafter, the President shall submit a proposed 
two-year budget for the Department of Defense and related agencies every 
other year.
    ``(c) Report.--Not later than April 1, 1986, the Secretary of 
Defense shall submit to the Committees on Armed Services and on 
Appropriations of the Senate and House of Representatives a report 
containing the Secretary's views on the following:
        ``(1) The advantages and disadvantages of operating the 
    Department of Defense and related agencies on a two-year budget 
    cycle.
        ``(2) The Secretary's plans for converting to a two-year budget 
    cycle.
        ``(3) A description of any impediments (statutory or otherwise) 
    to converting the operations of the Department of Defense and 
    related agencies to a two-year budget cycle beginning with fiscal 
    year 1988.''


 Federal Capital Investment Program; Congressional Statement of Purposes

    Section 202 of Pub. L. 98-501 provided that: ``The purposes of this 
title [amending this section and enacting provisions set out as notes 
under this section and section 1101 of this title] are--
        ``(1) to provide budget projections for major Federal capital 
    investment programs;
        ``(2) to provide a summary of the most recent needs assessment 
    analyses for these programs;
        ``(3) to provide information on the sensitivity of the needs 
    estimates to major policy issues and technical and economic 
    variables;
        ``(4) to assist the planning capabilities of State and local 
    governments on the assessment of major capital investment programs; 
    and
        ``(5) to improve legislative oversight over Federal capital 
    investment programs.''

                         Deficit Reduction Fund

    For provisions requiring information about Deficit Reduction Fund, 
including a separate statement of amounts in and Federal debt redeemed 
by that Fund to be included in budget transmitted under this section, 
see Ex. Ord. No. 12858, Sec. 3, Aug. 4, 1993, 58 F.R. 42185, set out as 
a note under section 900 of Title 2, The Congress.

                             Budget Control

    For provisions requiring annual review of direct spending and 
receipts to be part of each budget submitted under subsec. (a) of this 
section, see Ex. Ord. No. 12857, Sec. 3, Aug. 4, 1993, 58 F.R. 42181, 
set out as a note under section 900 of Title 2, The Congress.

  Ex. Ord. No. 6715. Filing of Functional Organization Charts With the 
                  Director of the Bureau of the Budget

    Ex. Ord. No. 6715, May 23, 1934, provided:
    (1) Each executive department, independent establishment, and 
emergency agency shall file with the Director of the Bureau of the 
Budget [now Director of Office of Management and Budget] a functional 
organization chart, indicating its various existing bureaus, divisions, 
sections, etc., and containing a description of the functions 
respectively performed, and shall file such additional charts from time 
to time, as may be necessary to show all changes made therein.
    (2) Every executive department, independent establishment, and 
emergency agency hereafter created shall within 5 days after the 
appointment of the head thereof file a preliminary functional 
organization chart with the Director of the Bureau of the Budget.
    (3) The Director of the Bureau of the Budget is hereby authorized to 
prescribe, subject to the approval of the President, such rules and 
regulations as will indicate the information desired and the form of 
chart to be furnished.

                  Section Referred to in Other Sections

    This section is referred to in sections 1104, 1106, 1107, 1115, 
1118, 1119, 1554, 5134, 6503, 9103, 9109, 9703 of this title; title 2 
sections 632, 655, 900, 901, 904; title 5 sections 1204, 8472; title 7 
section 5603; title 10 sections 113, 114, 115, 115a, 119, 139, 153, 168, 
179, 221, 222, 223, 224, 226, 230, 483, 484, 1115, 1465, 1741, 2006, 
2208, 2212, 2216, 2217, 2224, 2304a, 2304b, 2306b, 2350a, 2367, 2431, 
2433, 2475, 2515, 2521, 2703, 2721, 2809, 2815, 2835, 2836, 2859, 2884, 
4541, 7902, 10543; title 14 sections 663, 688, 692; title 15 sections 
1022, 2935, 4626; title 20 section 76j; title 21 sections 1509, 1703; 
title 22 section 5959; title 25 sections 450j-1, 458dd, 458aaa-12, 1621, 
1671, 2012, 3803, 4043; title 29 section 762a; title 38 sections 312, 
530, 712, 3734, 7101, 7439, 7440, 8107, 8110, 8111, 8122; title 39 
section 2009; title 40 sections 904, 908, 1412, 1413, 1425, 1428; title 
41 sections 253h, 253i, 433; title 42 sections 2286e, 7274c, 7274g, 
7274n, 8255, 11710, 13474; title 50 sections 404a, 404b, 404d, 1906, 
2353, 2426, 2451, 2453.
