31 U.S.C. § 1105 : US Code - Section 1105: Budget contents and submission to Congress

Search 31 U.S.C. § 1105 : US Code - Section 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 Council of the Inspectors General on Integrity and
      Efficiency, and, included in that account, a separate statement
      of the aggregate amount of appropriations requested for each
      academy maintained by the Council of the Inspectors General on
      Integrity and Efficiency.
        (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.
        (35)(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 - 
          (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.
        (36) as supplementary materials, a separate analysis of the
      budgetary effects for all prior fiscal years, the current fiscal
      year, the fiscal year for which the budget is submitted, and
      ensuing fiscal years of the actions the Secretary of the Treasury
      has taken or plans to take using any authority provided in the
      Emergency Economic Stabilization Act of 2008, including - 
          (A) an estimate of the current value of all assets purchased,
        sold, and guaranteed under the authority provided in the
        Emergency Economic Stabilization Act of 2008 using methodology
        required by the Federal Credit Reform Act of 1990 (2 U.S.C. 661
        et seq.) and section 123 of the Emergency Economic
        Stabilization Act of 2008;
          (B) an estimate of the deficit, the debt held by the public,
        and the gross Federal debt using methodology required by the
        Federal Credit Reform Act of 1990 and section 123 of the
        Emergency Economic Stabilization Act of 2008;
          (C) an estimate of the current value of all assets purchased,
        sold, and guaranteed under the authority provided in the
        Emergency Economic Stabilization Act of 2008 calculated on a
        cash basis;
          (D) a revised estimate of the deficit, the debt held by the
        public, and the gross Federal debt, substituting the cash-based
        estimates in subparagraph (C) for the estimates calculated
        under subparagraph (A) pursuant to the Federal Credit Reform
        Act of 1990 and section 123 of the Emergency Economic
        Stabilization Act of 2008; and
          (E) the portion of the deficit which can be attributed to any
        action taken by the Secretary using authority provided by the
        Emergency Economic Stabilization Act of 2008 and the extent to
        which the change in the deficit since the most recent estimate
        is due to a reestimate using the methodology required by the
        Federal Credit Reform Act of 1990 and section 123 of the
        Emergency Economic Stabilization Act of 2008.

        (37) (!1) information on estimates of appropriations for the
      fiscal year following the fiscal year for which the budget is
      submitted for the following medical care accounts of the Veterans
      Health Administration, Department of Veterans Affairs account:

          (A) Medical Services.
          (B) Medical Support and Compliance.
          (C) Medical Facilities.

        (38) a separate statement for the Crow Settlement Fund
      established under section 411 of the Crow Tribe Water Rights
      Settlement Act of 2010, which shall include the estimated amount
      of deposits into the Fund, obligations, and outlays from the
      Fund.
        (37) (!2) the list of plans and reports, as provided for under
      section 1125, that agencies identified for elimination or
      consolidation because the plans and reports are determined
      outdated or duplicative of other required plans and reports.


      (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.