[United States Senate Manual, 106th Congress]
[S. Doc. 106-1]
[USCODETITLE]
[Pages 768-785]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 768]]

 
                            TITLE 31.--MONEY AND FINANCE

                        Chapter 7.--GENERAL ACCOUNTING OFFICE

       481
       481  Sec. 701. Definitions.
                In this chapter--
                            (1) ``agency'' includes the District of 
                        Columbia government but does not include the 
                        legislative branch or the Supreme Court.
                            (2) ``appropriations'' means appropriated 
                        amounts and includes, in appropriate context--

                                (A) funds;

                                (B) authority to make obligations by 
                            contract before appropriations; and

                                (C) other authority making amounts 
                            available for obligation or expenditure. 
                            (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 
                            887.)

     481.1
     481.1  Sec. 712. Investigating the use of public money.
                The Comptroller General shall--
                            (1) investigate all matters related to the 
                        receipt, disbursement, and use of public money;
                            (2) estimate the cost to the United States 
                        Government of complying with each restriction on 
                        expenditures of a specific appropriation in a 
                        general appropriation law and report each 
                        estimate to Congress with recommendations the 
                        Comptroller General considers desirable;
                            (3) analyze expenditures of each executive 
                        agency the Comptroller General believes will 
                        help Congress decide whether public money has 
                        been used and expended economically and 
                        efficiently;
                            (4) make an investigation and report ordered 
                        by either House of Congress or a committee of 
                        Congress having jurisdiction over revenue, 
                        appropriations, or expenditures; and
                            (5) give a committee of Congress having 
                        jurisdiction over revenue, appropriations, or 
                        expenditures, the help and information the 
                        committee requests. (Pub. L. 97-258, Sept. 13, 
                        1982, 96 Stat. 889.)
     481.2
     481.2  Sec. 717. Evaluating programs and activities of the United 
                States Government.
                (a) In this section, ``agency'' means a department, 
            agency, or instrumentality of the United States Government 
            (except a mixed-ownership Government corporation) or the 
            District of Columbia government.
                (b) The Comptroller General shall evaluate the results 
            of a program or activity the Government carries out under 
            existing law--
                            (1) on the initiative of the Comptroller 
                        General;
                            (2) when either House of Congress orders an 
                        evaluation; or
                            (3) when a committee of Congress with 
                        jurisdiction over the program or activity 
                        requests the evaluation.
                (c) The Comptroller General shall develop and recommend 
            to Congress ways to evaluate a program or activity the 
            Government carries out under existing law.

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                (d)(1) On request of a committee of Congress, the 
            Comptroller General shall help the committee to--
                            (A) develop a statement of legislative goals 
                        and ways to assess and report program 
                        performance related to the goals, including 
                        recommended ways to assess performance, 
                        information to be reported, responsibility for 
                        reporting, frequency of reports and feasibility 
                        of pilot testing; and
                            (B) assess program evaluations prepared by 
                        and for an agency.
                (2) On request of a member of Congress, the Comptroller 
            General shall give the member a copy of the material the 
            Comptroller General compiles in carrying out this subsection 
            that has been released by the committee for which the 
            material was compiled. (Pub. L. 97-258, Sept. 13, 1982, 96 
            Stat. 893.)
     481.3
     481.3  Sec. 718. Availability of draft reports.
                (a) A draft report of an audit under section 714 of this 
            title shall be submitted to the Financial Institutions 
            Examination Council, the Federal Reserve Board, the Federal 
            Deposit Insurance Corporation, or the Office of the 
            Comptroller of the Currency for comment for 30 days.
                (b)(1) The Comptroller General may submit a part of a 
            draft report to an agency for comment for more than 30 days 
            only if the Comptroller General decides, after a showing by 
            the agency, that a longer period is necessary and likely to 
            result in a more accurate report. The report may not be 
            delayed because the agency does not comment within the 
            comment period.
                (2) When a draft report is submitted to an agency for 
            comment, the Comptroller General shall make the draft report 
            available on request to--
                            (A) either House of Congress, a committee of 
                        Congress, or a member of Congress if the report 
                        was begun because of a request of the House, 
                        committee, or member; or
                            (B) the Committee on Governmental Affairs of 
                        the Senate and the Committee on Government 
                        Operations of the House of Representatives if 
                        the report was not begun because of a request of 
                        either House of Congress, a committee of 
                        Congress, or a member of Congress.
                (3) This subsection is subject to statutory and 
            executive order guidelines for handling and storing 
            classified information and material.
                (c) A final report of the Comptroller General shall 
            include--
                            (1) a statement of significant changes of a 
                        finding, conclusion, or recommendation in an 
                        earlier draft report because of comments on the 
                        draft by an agency;
                            (2) a statement of the reasons the changes 
                        were made; and
                            (3) for a draft report submitted under 
                        subsection (a) of this section, written comments 
                        of the agency submitted during the comment 
                        period. (Pub. L. 97-258, Sept. 13, 1982, 96 
                        Stat. 894.)
     481.4
     481.4  Sec. 719. Comptroller General reports.
                (a) At the beginning of each regular session of 
            Congress, the Comptroller General shall report to Congress 
            (and to the President when requested by the President) on 
            the work of the Comptroller General. A report shall include 
            recommendations on--

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                            (1) legislation the Comptroller General 
                        considers necessary to make easier the prompt 
                        and accurate making and settlement of accounts; 
                        and
                            (2) other matters related to the receipt, 
                        disbursement, and use of public money the 
                        Comptroller General considers advisable.
                (b)(1) the Comptroller General shall include in the 
            report to Congress under subsection (a) of this section--
                            (A) a review of activities under sections 
                        717 (b)-(d) and 731(e)(2) of this title, 
                        including recommendations under section 717(c) 
                        of this title;
                            (B) information on carrying out duties and 
                        powers of the Comptroller General under clauses 
                        (A) and (C) of this paragraph, subsections (g) 
                        and (h) of this section, and sections 717, 
                        731(e)(2), 734, 1112, and 1113 of this title; 
                        and
                            (C) the name of each officer and employee of 
                        the General Accounting Office assigned or 
                        detailed to a committee of Congress, the 
                        committee to which the officer or employee is 
                        assigned or detailed, the length of the period 
                        of assignment or detail, a statement on whether 
                        the assignment or detail is finished or 
                        continuing, and compensation paid out of 
                        appropriations available to the Comptroller 
                        General for the period of the assignment or 
                        detail that has been completed.
                (2) In a report under subsection (a) of this section or 
            in a special report to Congress when Congress is in session, 
            the Comptroller General shall include recommendations on 
            greater economy and efficiency in public expenditures.
                (3) The report under subsection (a) shall also include a 
            statement of the staff hours and estimated cost of work 
            performed on audits, evaluations, investigations, and 
            related work during each of the three fiscal years preceding 
            the fiscal year in which the report is submitted, stated 
            separately for each division of the General Accounting 
            Office by category as follows:
                            (A) A category for work requested by the 
                        chairman of a committee of Congress, the 
                        chairman of a subcommittee of such a committee, 
                        or any other Member of Congress.
                            (B) A category for work required by law to 
                        be performed by the Comptroller General.
                            (C) A category for work initiated by the 
                        Comptroller General in the performance of the 
                        Comptroller General's general responsibilities.
                (c) The Comptroller General shall report to Congress--
                            (1) specially on expenditures and contracts 
                        an agency makes in violation of law;
                            (2) on the adequacy and effectiveness of--
                                (A) administrative audits of accounts 
                            and claims in an agency; and
                                (B) inspections by an agency of offices 
                            and accounts of fiscal officials; and
                            (3) as frequently as practicable on audits 
                        carried out under sections 713 and 714 of this 
                        title.
                (d) The Comptroller General shall report on analyses 
            carried out under section 712(3) of this title to the 
            Committees on Governmental Affairs and Appropriations of the 
            Senate, the Committees on Government Oper

[[Page 771]]

            ations and Appropriations of the House, and the committees 
            with jurisdiction over legislation related to the operation 
            of each executive agency.
                (e) The Comptroller General shall give the President 
            information on expenditures and accounting the President 
            requests.
                (f) When the Comptroller General submits a report to 
            Congress, the Comptroller General shall deliver copies of 
            the report to--
                            (1) the Committees on Governmental Affairs 
                        and Appropriations of the Senate;
                            (2) the Committees on Government Operations 
                        and Appropriations of the House;
                            (3) a committee of Congress that requested 
                        information on any part of a program or activity 
                        of a department, agency, or instrumentality of 
                        the United States Government (except a mixed-
                        ownership Government corporation) or the 
                        District of Columbia government that is the 
                        subject of any part of a report; and
                            (4) any other committee of Congress 
                        requesting a copy.
                (g)(1) The Comptroller General shall prepare--
                            (A) each month a list of reports issued 
                        during the prior month; and
                            (B) at least once each year a list of 
                        reports issued during the prior 12 months.
                (2) A copy of each list shall be sent to each committee 
            of Congress and each member of Congress. On request, the 
            Comptroller General promptly shall provide a copy of a 
            report to a committee or member.
                (h) On request of a committee of Congress, the 
            Comptroller General shall explain to and discuss with the 
            committee or committee staff a report the Comptroller 
            General makes that would help the committee--
                            (1) evaluate a program or activity of an 
                        agency within the jurisdiction of the committee; 
                        or
                            (2) in its consideration of proposed 
                        legislation.
                [(i) Redesignated (h)]

            (As amended Pub. L. 104-316, Title I, Sec. 115(b), Oct. 19, 
            1996, 110 Stat. 3834; Pub. L. 105-85, Div. A, Title X, 
            Sec. 1044, Nov. 18, 1997, 111 Stat. 1887.)

     481.5
     481.5  Sec. 720. Agency reports.
                (a) In this section, ``agency'' means a department, 
            agency, or instrumentality of the United States Government 
            (except a mixed-ownership Government corporation) or the 
            District of Columbia government.
                (b) When the Comptroller General makes a report that 
            includes a recommendation to the head of an agency, the head 
            of the agency shall submit a written statement on action 
            taken on the recommendation by the head of the agency. The 
            statement shall be submitted to--
                            (1) The Committee on Governmental Affairs of 
                        the Senate and the Committee on Government 
                        Operations of the House of Representatives 
                        before the 61st day after the date of the 
                        report; and
                            (2) The Committees on Appropriations of both 
                        Houses of Congress in the first request for 
                        appropriations submitted more than 60 days after 
                        the date of the report. (Pub. L. 97-258, Sept. 
                        13, 1982, 96 Stat. 896.)
     481.6
     481.6  Sec. 734. Assignments and details to Congress.
                The Comptroller General may assign or detail an officer 
            or employee of the General Accounting Office to full-time 
            continuous duty with a

[[Page 772]]

            committee of Congress for not more than one year. (Pub. L. 
            97-258, Sept. 13, 1982, 96 Stat. 899; Pub. L. 98-367, Title 
            I, Sec. 8, July 17, 1984, 98 Stat. 475.)

              Chapter 11.--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM 
                                    INFORMATION

       482
       482  Sec. 1101. Definitions.
                In this chapter--
                            (1) ``agency'' includes the District of 
                        Columbia government but does not include the 
                        legislative branch or the Supreme Court.
                            (2) ``appropriations'' means appropriated 
                        amounts and includes, in appropriate context--
                                (A) funds;
                                (B) authority to make obligations by 
                            contract before appropriations; and
                                (C) other authority making amounts 
                            available for obligation or expenditure. 
                            (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 
                            907.)

     482.1
     482.1  Sec. 1102. Fiscal year.
                The fiscal year of the Treasury begins on October 1 of 
            each year and ends on September 30 of the following year. 
            Accounts of receipts and expenditures required under law to 
            be published each year shall be published for the fiscal 
            year. (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
       483
       483  Sec. 1103. Budget ceiling.
                Congress reaffirms its commitment that budget outlays of 
            the United States Government for a fiscal year may be not 
            more than the receipts of the Government for that year. 
            (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
     483.1
     483.1  Sec. 1104. Budget and appropriations authority of the 
                President.
                (a) The President shall prepare budgets of the United 
            States Government under section 1105 of this title and 
            proposed deficiency and supplemental appropriations under 
            section 1107 of this title. To the extent practicable, the 
            President shall use uniform terms in stating the purposes 
            and conditions of appropriations.
                (b) Except as provided in this chapter, the President 
            shall prescribe the contents and order of statements in the 
            budget on expenditures and estimated expenditures and 
            statements on proposed appropriations and information 
            submitted with the budget and proposed appropriations. The 
            President shall include with the budget and proposed 
            appropriations information on personnel and other objects of 
            expenditure in the way that information was included in the 
            budget for fiscal year 1950. However, the requirement that 
            information be included in the budget in that way may be 
            waived or changed by joint action of the Committees on 
            Appropriations of both Houses of Congress. This subsection 
            does not limit the authority of a committee of Congress to 
            request information in a form it prescribes.
                (c) When the President makes a basic change in the form 
            of the budget, the President shall submit with the budget 
            information showing where items in the budget for the prior 
            fiscal year are contained in the present budget. However, 
            the President may change the functional

[[Page 773]]

            categories in the budget only in consultation with the 
            Committees on Appropriations and on the Budget of both 
            Houses of Congress. Committees of the House of 
            Representatives and Senate shall receive prompt notification 
            of all such changes.
                (d) The President shall develop programs and prescribe 
            regulations to improve the compilation, analysis, 
            publication, and dissemination of statistical information by 
            executive agencies. The President shall carry out this 
            subsection through the Administrator for the Office of 
            Information and Regulatory Affairs in the Office of 
            Management and Budget.
                (e) Under regulations prescribed by the President, each 
            agency shall provide information required by the President 
            in carrying out this chapter. The President has access to, 
            and may inspect, records of an agency to obtain information. 
            (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 99-
            177, Dec. 12, 1985, 99 Stat. 1060.)
       484
       484  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 statement 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.

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                            (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 program for meteorology and 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--

[[Page 775]]

                                (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.
                (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

[[Page 776]]

            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 effect 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,

[[Page 777]]

                            (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 under the 
            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, the 
                        modernization or 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:

[[Page 778]]

                            (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.

            (As amended 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, Secs. 1006, 1009, Nov. 18, 1988, 
            102 Stat. 4187, 4188; 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 IX, Sec. 90208(a), Title 
            XXXI, Sec. 310001(e), Sept. 13, 1994, 108 Stat. 1995, 2103; 
            Pub. L. 103-355, Title II, Sec. 2454(a), Oct. 13, 1994, 108 
            Stat. 3326; Pub. L. 104-287, Sec. 4(l), 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.)

     484.1
     484.1  Sec. 1106. Supplemental budget estimates and changes.
                (a) Before July 16 of each year, the President shall 
            submit to Congress a supplemental summary of the budget for 
            the fiscal year for which the budget is submitted under 
            section 1105(a) of this title. The summary shall include--
                            (1) for that fiscal year--
                                (A) substantial changes in or 
                            reappraisals of estimates of expenditures 
                            and receipts;
                                (B) substantial obligations imposed on 
                            the budget after its submission;
                                (C) current information on matters 
                            referred to in section 1105(a) (8) and (9) 
                            (B) and (C) of this title; and
                                (D) additional information the President 
                            decides is advisable to provide Congress 
                            with complete and current information about 
                            the budget and current estimates of the 
                            functions, obligations, requirements, and 
                            financial condition of the United States 
                            Government.
                            (2) for the 4 fiscal years following the 
                        fiscal year for which the budget is submitted, 
                        information on estimated expenditures for 
                        programs authorized to continue in future years, 
                        or that are considered mandatory, under law; and
                            (3) for future fiscal years, information on 
                        estimated expenditures of balances carried over 
                        from the fiscal year for which the budget is 
                        submitted.
                (b) Before July 16 of each year, the President shall 
            submit to Congress a statement of changes in budget 
            authority requested, estimated budget outlays, and estimated 
            receipts for the fiscal year for which the budget is 
            submitted (including prior changes proposed for the 
            executive branch of the Government) that the President 
            decides are necessary and appropriate based on current 
            information. The statement shall include the effect of those 
            changes on the information submitted under section

[[Page 779]]

            1105(a)(1)-(14) and (b) of this title and shall include 
            supporting information as practicable. The statement 
            submitted before July 16 may be included in the information 
            submitted under subsection (a)(1) of this section.
                (c) Subsection (f) of section 1105 shall apply to 
            revisions and supplemental summaries submitted under this 
            section to the same extent that such subsection applies to 
            the budget submitted under section 1105(a) to which such 
            revisions and summaries relate. (Pub. L. 97-258, Sept. 13, 
            1982, 96 Stat. 911; Pub. L. 99-77 Title II, Sec. 242, Dec. 
            12, 1985, Stat. 1063.)
       485
       485  Sec. 1107. Deficiency and supplemental appropriations.
                The President may submit to Congress proposed deficiency 
            and supplemental appropriations the President decides are 
            necessary because of laws enacted after the submission of 
            the budget or that are in the public interest. The President 
            shall include the reasons for the submission of the proposed 
            appropriations and the reasons the proposed appropriations 
            were not included in the budget. When the total proposed 
            appropriations would have required the President to make a 
            recommendation under section 1105(c) of this title if they 
            had been included in the budget, the President shall make a 
            recommendation under that section. (Pub. L. 97-258, Sept. 
            13, 1982, 96 Stat. 911.)
     485.1
     485.1  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

[[Page 780]]

                            (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.)
       486
       486  Sec. 1109. Current programs and activities estimates.
                (a) On or before the first Monday after January 3 of 
            each year (on or before February 5 in 1986), the President 
            shall submit to both Houses of Congress the estimated budget 
            outlays and proposed budget authority that would be included 
            in the budget for the following fiscal year if programs and 
            activities of the United States Government were carried on 
            during that year at the same level as the current fiscal 
            year without a change in policy. The President shall state 
            the estimated budget outlays and proposed budget authority 
            by function and subfunction under the classifications in the 
            budget summary table under the heading ``Budget Authority 
            and Outlays by Function and Agency'', by major programs in 
            each function, and by agency. The President also shall 
            include a statement of the economic and program assumptions 
            on which those budget outlays and budget authority are 
            based, including inflation, real economic growth, and 
            unemployment rates, program caseloads, and pay increases.
                (b) The Joint Economic Committee shall review the 
            estimated budget outlays and proposed budget authority and 
            submit an economic evaluation of the budget outlays and 
            budget authority to the Committees on the Budget of both 
            Houses before March 1 of each year. (Pub. L. 97-258, Sept. 
            13, 1982, 96 Stat. 913; Pub. L. 99-177, Title II, Sec. 222, 
            Dec. 12, 1985, 99 Stat. 1060.)
     486.1
     486.1  Sec. 1110. Year-ahead requests for authorizing legislation.
                A request to enact legislation authorizing new budget 
            authority to continue a program or activity for a fiscal 
            year shall be submitted to Congress before May 16 of the 
            year before the year in which the fiscal year begins. If a 
            new program or activity will continue for more than

[[Page 781]]

            one year, the request must be submitted for at least the 
            first and second fiscal years. (Pub. L. 97-258, Sept. 13, 
            1982, 96 Stat. 913.)
       487
       487  Sec. 1111. Improving economy and efficiency.
                To improve economy and efficiency in the United States 
            Government, the President shall--
                            (1) make a study of each agency to decide, 
                        and may send Congress recommendations, on 
                        changes that should be made in--
                                (A) the organization, activities, and 
                            business methods of agencies;
                                (B) agency appropriations;
                                (C) the assignment of particular 
                            activities to particular services; and
                                (D) regrouping of services; and
                            (2) evaluate and develop improved plans for 
                        the organization, coordination, and management 
                        of the executive branch of the Government. (Pub. 
                        L. 97-258, Sept. 13, 1982, 96 Stat. 913.)
     487.1
     487.1  Sec. 1112. Fiscal, budget, and program information.
                (a) In this section, ``agency'' means a department, 
            agency, or instrumentality of the United States Government 
            except a mixed/ownership Government corporation.
                (b) In cooperation with the Comptroller General, the 
            Secretary of the Treasury and the Director of the Office of 
            Management and Budget shall establish and maintain standard 
            data processing and information systems for fiscal, budget, 
            and program information for use by agencies to meet the 
            needs of the Government, and to the extent practicable, of 
            State and local governments.
                (c) The Comptroller General--
                            (1) in cooperation with the Secretary, the 
                        Director of the Office of Management and Budget, 
                        and the Director of the Congressional Budget 
                        Office, shall establish, maintain, and publish 
                        standard terms and classifications for fiscal, 
                        budget, and program information of the 
                        Government, including information on fiscal 
                        policy, receipts, expenditures, program, 
                        projects, activities, and functions;
                            (2) when advisable, shall report to Congress 
                        on those terms and classifications, and 
                        recommend legislation necessary to promote the 
                        establishment, maintenance, and use of standard 
                        terms and classifications by the executive 
                        branch of the Government; and
                            (3) in carrying out this subsection, shall 
                        give particular consideration to the needs of 
                        the Committees on Appropriations and on the 
                        Budget of both Houses of Congress, the Committee 
                        on Ways and Means of the House, the Committee on 
                        Finance of the Senate, and the Congressional 
                        Budget Office.
                (d) Agencies shall use the standard terms and 
            classifications published under subsection (c)(1) of this 
            section in providing fiscal, budget, and program information 
            to Congress.
                (e) In consultation with the President, the head of each 
            executive agency shall take actions necessary to achieve to 
            the extent possible--
                            (1) consistency in budget and accounting 
                        classifications;
                            (2) synchronization between those 
                        classifications and organizational structure; 
                        and
                            (3) information by organizational unit on 
                        performance and program costs to support budget 
                        justifications.

[[Page 782]]

                (f) In cooperation with the Director of the 
            Congressional Budget Office, the Comptroller General, and 
            appropriate representatives of State and local governments, 
            the Director of the Office of Management and Budget (to the 
            extent practicable) shall provide State and local 
            governments with fiscal, budget, and program information 
            necessary for accurate and timely determination by those 
            governments of the impact on their budget of assistance of 
            the United States Government. (Pub. L. 97-258, Sept. 13, 
            1982, 96 Stat. 913.)
       488
       488  Sec. 1113. Congressional information.
                (a)(1) When requested by a committee of Congress having 
            jurisdiction over receipts or appropriations, the President 
            shall provide the committee with assistance and information.
                (2) When requested by a committee of Congress, 
            additional information related to the amount of an 
            appropriation originally requested by an Office of Inspector 
            General shall be submitted to the committee.
                (b) When requested by a committee of Congress, by the 
            Comptroller General, or by the Director of the Congressional 
            Budget Office, the Secretary of the Treasury, the Director 
            of the Office of Management and Budget, and the head of each 
            executive agency shall--
                            (1) provide information on the location and 
                        kind of available fiscal, budget, and program 
                        information;
                            (2) to the extent practicable, prepare 
                        summary tables of that fiscal, budget, and 
                        program information and related information the 
                        committee, the Comptroller General, or the 
                        Director of the Congressional Budget Office 
                        considers necessary; and
                            (3) provide a program evaluation carried out 
                        or commissioned by an executive agency.
                (c) In cooperation with the Director of the 
            Congressional Budget Office, the Secretary, and the Director 
            of the Office of Management and Budget, and Comptroller 
            General shall--
                            (1) establish and maintain a current 
                        directory of sources of, and information systems 
                        for, fiscal, budget, and program information and 
                        a brief description of the contents of each 
                        source and system;
                            (2) when requested, provide assistance to 
                        committees of Congress and members of Congress 
                        in obtaining information from the sources in the 
                        directory; and
                            (3) when requested, provide assistance to 
                        committees and, to the extent practicable, to 
                        members of Congress in evaluating the 
                        information obtained from the sources in the 
                        directory.
                (d) To the extent they consider necessary, the 
            Comptroller General and the Director of the Congressional 
            Budget Office individually or jointly shall establish and 
            maintain a file of information to meet recurring needs of 
            Congress for fiscal, budget, and program information to 
            carry out this section and sections 717 and 1112 of this 
            title. The file shall include information on budget 
            requests, congressional authorizations to obligate and 
            expend, apportionment and reserve actions, and obligations 
            and expenditures. The Comptroller General and the Director 
            shall maintain the file and an index to the file so that it 
            is easier for the committees and agencies of Congress to use 
            the file and index through data processing and 
            communications techniques.
                (e)(1) The Comptroller General shall--

[[Page 783]]

                            (A) carry out a continuing program to 
                        identify the needs of committees and members of 
                        Congress for fiscal, budget, and program 
                        information to carry out this section and 
                        section 1112 of this title;
                            (B) assist committees of Congress in 
                        developing their information needs;
                            (C) monitor recurring reporting requirements 
                        of Congress and committees; and
                            (D) make recommendations to Congress and 
                        committees for changes and improvements in those 
                        reporting requirements to meet information needs 
                        identified by the Comptroller General, to 
                        improve their usefulness to congressional users, 
                        and to eliminate unnecessary reporting.
                (2) Before September 2 of each year, the Comptroller 
            General shall report to Congress on--
                            (A) the needs identified under paragraph 
                        (1)(A) of this subsection;
                            (B) the relationship of those needs to 
                        existing reporting requirements;
                            (C) the extent to which reporting by the 
                        executive branch of the United States Government 
                        currently meets the identified needs;
                            (D) the changes to standard classifications 
                        necessary to meet congressional needs;
                            (E) activities, progress, and results of the 
                        program of the Comptroller General under 
                        paragraph (1) (B)-(D) of this subsection; and
                            (F) progress of the executive branch in the 
                        prior year.
                (3) Before March 2 of each year, the Director of the 
            Office of Management and Budget and the Secretary shall 
            report to Congress on plans for meeting the needs identified 
            under paragraph (1)(A) of this subsection, including--
                            (A) plans for carrying out changes to 
                        classifications to meet information needs of 
                        Congress;
                            (B) the status of information systems in the 
                        prior year; and
                            (C) the use of standard classifications. 
                        (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 914; 
                        Pub. L. 97-452, Sec. 1(3), Jan. 12, 1983, 96 
                        Stat. 2467.)
       489
       489  Sec. 1114. Repealed. (Oct. 13, 1994, Pub. L. 103-355, 
                Sec. 2454(c)(2), 108 Stat. 3326.)
            
                 Chapter 33.--DEPOSITING, KEEPING, AND PAYING MONEY

                               Subchapter 2.--Payments

     489.1
     489.1  Sec. 3332. Required direct deposit.
                (a)(1) Notwithstanding any other provision of law, all 
            Federal wage, salary, and retirement payments shall be paid 
            to recipients of such payments by electronic funds transfer, 
            unless another method has been determined by the Secretary 
            of the Treasury to be appropriate.
                (2) Each recipient of Federal wage, salary, or 
            retirement payments shall designate one or more financial 
            institutions or other authorized payment agents and provide 
            the payment certifying or authorizing agency information 
            necessary for the recipient to receive electronic funds 
            transfer payments through each institution so designated.
                (b)(1) The head of each agency shall waive the 
            requirements of subsection (a) of this section for a 
            recipient of Federal wage, salary, or

[[Page 784]]

            retirement payments authorized or certified by the agency 
            upon written request by such recipient.
                (2) Federal wage, salary, or retirement payments shall 
            be paid to any recipient granted a waiver under paragraph 
            (1) of this subsection by any method determined appropriate 
            by the Secretary of the Treasury.
                (c)(1) The Secretary of the Treasury may waive the 
            requirements of subsection (a) of this section for any group 
            of recipients upon request by the head of an agency under 
            standards prescribed by the Secretary of the Treasury.
                (2) Federal wage, salary, or retirement payments shall 
            be paid to any member of a group granted a waiver under 
            paragraph (1) of this subsection by any method determined 
            appropriate by the Secretary of the Treasury.
                (d) This section shall apply only to recipients of 
            Federal wage or salary payments who begin to receive such 
            payments on or after January 1, 1995, and recipients of 
            Federal retirement payments who begin to receive such 
            payments on or after January 1, 1995.
                (e)(1) Notwithstanding subsections (a) through (d) of 
            this section, sections 5120(a) and (d) of title 38, and any 
            other provision of law, all Federal payments to a recipient 
            who becomes eligible for that type of payment after 90 days 
            after the date of the enactment of the Debt Collection 
            Improvement Act of 1996 shall be made by electronic funds 
            transfer.
                (2) The head of a Federal agency shall, with respect to 
            Federal payments made or authorized by the agency, waive the 
            application of paragraph (1) to a recipient of those 
            payments upon receipt of written certification from the 
            recipient that the recipient does not have an account with a 
            financial institution or an authorized payment agent.
                (f)(1) Notwithstanding any other provision of law 
            (including subsections (a) through (e) of this section and 
            sections 5120(a) and (d) of title 38), except as provided in 
            paragraph (2) all Federal payments made after January 1, 
            1999, shall be made by electronic funds transfer.
                (2)(A) The Secretary of the Treasury may waive 
            application of this subsection to payments--
                            (i) for individuals or classes of 
                        individuals for whom compliance imposes a 
                        hardship;
                            (ii) for classifications or types of checks; 
                        or
                            (iii) in other circumstances as may be 
                        necessary.
                (B) The Secretary of the Treasury shall make 
            determinations under subparagraph (A) based on standards 
            developed by the Secretary.
                (g) Each recipient of Federal payments required to be 
            made by electronic funds transfer shall--
                            (1) designate 1 or more financial 
                        institutions or other authorized agents to which 
                        such payments shall be made; and
                            (2) provide to the Federal agency that makes 
                        or authorizes the payments information necessary 
                        for the recipient to receive electronic funds 
                        transfer payments through each institution or 
                        agent designated under paragraph (1).
                (h) The crediting of the amount of a payment to the 
            appropriate account on the books of a financial institution 
            or other authorized payment agent designated by a payment 
            recipient under this section shall constitute a full 
            acquittance to the United States for the amount of the 
            payment.

[[Page 785]]

                (i)(1) The Secretary of the Treasury may prescribe 
            regulations that the Secretary considers necessary to carry 
            out this section.
                (2) Regulations under this subsection shall ensure that 
            individuals required under subsection (g) to have an account 
            at a financial institution because of the application of 
            subsection (f)(1)--
                            (A) will have access to such an account at a 
                        reasonable cost; and
                            (B) are given the same consumer protections 
                        with respect to the account as other account 
                        holders at the same financial institution.
                (j) For purposes of this section--
                            (1) The term ``electronic funds transfer'' 
                        means any transfer of funds, other than a 
                        transaction originated by cash, check, or 
                        similar paper instrument, that is initiated 
                        through an electronic terminal, telephone, 
                        computer, or magnetic tape, for the purpose of 
                        ordering, instructing, or authorizing a 
                        financial institution to debit or credit an 
                        account. The term includes Automated Clearing 
                        House transfers, Fed Wire transfers, transfers 
                        made at automatic teller machines, and point-of-
                        sale terminals.
                            (2) The term ``Federal agency'' means--
                                (A) an agency (as defined in section 101 
                            of this title); and
                                (B) a Government corporation (as defined 
                            in section 103 of title 5).
                            (3) The term ``Federal payments'' includes--
                                (A) Federal wage, salary, and retirement 
                            payments;
                                (B) vendor and expense reimbursement 
                            payments; and
                                (C) benefit payments.
                Such term shall not include any payment under the 
            Internal Revenue Code of 1986.

            (As amended Pub. L. 98-369, Title VIII, Sec. 2814, July 18, 
            1984, 98 Stat. 1207; Pub. L. 103-356, Title IV, Sec. 402(a), 
            Oct. 13, 1994, 108 Stat. 3412; Pub. L. 104-134, Title III, 
            Sec. 31001(x)(1), Apr. 26, 1996, 110 Stat. 1321-376.)