From the U.S. Code Online via GPO Access

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\[Laws in effect as of January 6, 1999\]

\[Document not affected by Public Laws enacted between

January 6, 1999 and April 7, 2000\]

\[CITE: 31USC1108\]

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

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

Revised Section Source (U.S. Code) Source (Statutes at Large)

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

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.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

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 903;

title 42 section 300j-12; title 49 section 5309.