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U.S. Code as of:
01/19/04
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) (!1) a separate appropriation account for appropriations
for the Inspectors General Criminal Investigator Academy and the
Inspectors General Forensic Laboratory of the Department of the
Treasury.
(34) with respect to the amount of appropriations requested for
use by the Export-Import Bank of the United States, a separate
statement of the amount requested for its program budget, the
amount requested for its administrative expenses, and of the
amount requested for its administrative expenses, the amount
requested for technology expenses.
(33) (!2) (A)(i) a detailed, separate analysis, by budget
function, by agency, and by initiative area (as determined by the
administration) for the prior fiscal year, the current fiscal
year, the fiscal years for which the budget is submitted, and the
ensuing fiscal year identifying the amounts of gross and net
appropriations or obligational authority and outlays that
contribute to homeland security, with separate displays for
mandatory and discretionary amounts, including -
(I) summaries of the total amount of such appropriations or
new obligational authority and outlays requested for homeland
security;
(II) an estimate of the current service levels of homeland
security spending;
(III) the most recent risk assessment and summary of homeland
security needs in each initiative area (as determined by the
administration); and
(IV) an estimate of user fees collected by the Federal
Government on behalf of homeland security activities;
(ii) with respect to subclauses (I) through (IV) of clause (i),
amounts shall be provided by account for each program, project
and activity; and
(iii) an estimate of expenditures for homeland security
activities by State and local governments and the private sector
for the prior fiscal year and the current fiscal year.
(B) In this paragraph, consistent with the Office of Management
and Budget's June 2002 "Annual Report to Congress on Combatting
Terrorism", the term "homeland security" refers to those
activities that detect, deter, protect against, and respond to
terrorist attacks occurring within the United States and its
territories.
(C) In implementing this paragraph, including determining what
Federal activities or accounts constitute homeland security for
purposes of budgetary classification, the Office of Management
and Budget is directed to consult periodically, but at least
annually, with the House and Senate Budget Committees, the House
and Senate Appropriations Committees, and the Congressional
Budget Office.
(b) Estimated expenditures and proposed appropriations for the
legislative branch and the judicial branch to be included in each
budget under subsection (a)(5) of this section shall be submitted
to the President before October 16 of each year and included in the
budget by the President without change.
(c) The President shall recommend in the budget appropriate
action to meet an estimated deficiency when the estimated receipts
for the fiscal year for which the budget is submitted (under laws
in effect when the budget is submitted) and the estimated amounts
in the Treasury at the end of the current fiscal year available for
expenditure in the fiscal year for which the budget is submitted,
are less than the estimated expenditures for that year. The
President shall make recommendations required by the public
interest when the estimated receipts and estimated amounts in the
Treasury are more than the estimated expenditures.
(d) When the President submits a budget or supporting information
about a budget, the President shall include a statement on all
changes about the current fiscal year that were made before the
budget or information was submitted.
(e)(1) The President shall submit with materials related to each
budget transmitted under subsection (a) on or after January 1,
1985, an analysis for the ensuing fiscal year that shall identify
requested appropriations or new obligational authority and outlays
for each major program that may be classified as a public civilian
capital investment program and for each major program that may be
classified as a military capital investment program, and shall
contain summaries of the total amount of such appropriations or new
obligational authority and outlays for public civilian capital
investment programs and summaries of the total amount of such
appropriations or new obligational authority and outlays for
military capital investment programs. In addition, the analysis
under this paragraph shall contain -
(A) an estimate of the current service levels of public
civilian capital investment and of military capital investment
and alternative high and low levels of such investments over a
period of ten years in current dollars and over a period of five
years in constant dollars;
(B) the most recent assessment analysis and summary, in a
standard format, of public civilian capital investment needs in
each major program area over a period of ten years;
(C) an identification and analysis of the principal policy
issues that affect estimated public civilian capital investment
needs for each major program; and
(D) an identification and analysis of factors that affect
estimated public civilian capital investment needs for each major
program, including but not limited to the following factors:
(i) economic assumptions;
(ii) engineering standards;
(iii) estimates of spending for operation and maintenance;
(iv) estimates of expenditures for similar investments by
State and local governments; and
(v) estimates of demand for public services derived from such
capital investments and estimates of the service capacity of
such investments.
To the extent that any analysis required by this paragraph relates
to any program for which Federal financial assistance is
distributed under a formula prescribed by law, such analysis shall
be organized by State and within each State by major metropolitan
area if data are available.
(2) For purposes of this subsection, any appropriation, new
obligational authority, or outlay shall be classified as a public
civilian capital investment to the extent that such appropriation,
authority, or outlay will be used for the construction,
acquisition, or rehabilitation of any physical asset that is
capable of being used to produce services or other benefits for a
number of years and is not classified as a military capital
investment under paragraph (3). Such assets shall include (but not
be limited to) -
(A) roadways or bridges,
(B) airports or airway facilities,
(C) mass transportation systems,
(D) wastewater treatment or related facilities,
(E) water resources projects,
(F) hospitals,
(G) resource recovery facilities,
(H) public buildings,
(I) space or communications facilities,
(J) railroads, and
(K) federally assisted housing.
(3) For purposes of this subsection, any appropriation, new
obligational authority, or outlay shall be classified as a military
capital investment to the extent that such appropriation,
authority, or outlay will be used for the construction,
acquisition, or rehabilitation of any physical asset that is
capable of being used to produce services or other benefits for
purposes of national defense and security for a number of years.
Such assets shall include military bases, posts, installations, and
facilities.
(4) Criteria and guidelines for use in the identification of
public civilian and military capital investments, for
distinguishing between public civilian and military capital
investments, and for distinguishing between major and nonmajor
capital investment programs shall be issued by the Director of the
Office of Management and Budget after consultation with the
Comptroller General and the Congressional Budget Office. The
analysis submitted under this subsection shall be accompanied by an
explanation of such criteria and guidelines.
(5) For purposes of this subsection -
(A) the term "construction" includes the design, planning, and
erection of new structures and facilities, the expansion of
existing structures and facilities, the reconstruction of a
project at an existing site or adjacent to an existing site, and
the installation of initial and replacement equipment for such
structures and facilities;
(B) the term "acquisition" includes the addition of land,
sites, equipment, structures, facilities, or rolling stock by
purchase, lease-purchase, trade, or donation; and
(C) the term "rehabilitation" includes the alteration of or
correction of deficiencies in an existing structure or facility
so as to extend the useful life or improve the effectiveness of
the structure or facility, the modernization or replacement of
equipment at an existing structure or facility, and the
modernization of, or replacement of parts for, rolling stock.
(f) The budget transmitted pursuant to subsection (a) for a
fiscal year shall be prepared in a manner consistent with the
requirements of the Balanced Budget and Emergency Deficit Control
Act of 1985 that apply to that and subsequent fiscal years.
(g)(1) The Director of the Office of Management and Budget shall
establish the funding for advisory and assistance services for each
department and agency as a separate object class in each budget
annually submitted to the Congress under this section.
(2)(A) In paragraph (1), except as provided in subparagraph (B),
the term "advisory and assistance services" means the following
services when provided by nongovernmental sources:
(i) Management and professional support services.
(ii) Studies, analyses, and evaluations.
(iii) Engineering and technical services.
(B) In paragraph (1), the term "advisory and assistance services"
does not include the following services:
(i) Routine automated data processing and telecommunications
services unless such services are an integral part of a contract
for the procurement of advisory and assistance services.
(ii) Architectural and engineering services, as defined in
section 1102 of title 40.
(iii) Research on basic mathematics or medical, biological,
physical, social, psychological, or other phenomena.
(h)(1) If there is a medicare funding warning under section
801(a)(2) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 made in a year, the President shall
submit to Congress, within the 15-day period beginning on the date
of the budget submission to Congress under subsection (a) for the
succeeding year, proposed legislation to respond to such warning.
(2) Paragraph (1) does not apply if, during the year in which the
warning is made, legislation is enacted which eliminates excess
general revenue medicare funding (as defined in section 801(c) of
the Medicare Prescription Drug, Improvement, and Modernization Act
of 2003) for the 7-fiscal-year reporting period, as certified by
the Board of Trustees of each medicare trust fund (as defined in
section 801(c)(5) of such Act) not later than 30 days after the
date of the enactment of such legislation.
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