$325. Rules and regulations; delegation of Secretary's authority. The Secretary of the Interior may issue rules and regulations to effectuate the purposes of this chapter. The authority and duties of the Secretary of the Interior under this chapter shall be exercised through the Bureau of Mines of the Department of the Interior. (Apr. 5, 1944, ch. 172, § 5, 58 Stat. 191.)

TITLE 31-MONEY AND FINANCE

THE NATIONAL BUDGET AND AUDIT SYSTEM

DEFINITIONS

§ 1. Short title.-Sections 1, 2, 11, 13-24, 41-47, 49, 51-55, 71, 471, 581 of this title may be cited as the "Budget and Accounting Act, 1921." (June 10, 1921, ch. 18, § 1, 42 Stat. 20.)

§ 2. Definitions.-When used in sections 1, 2, 11, 13-24, 41-47, 49, 51-55, 71, 471, and 581 of this title The terms "department and establishment" and "department or establishment" mean any executive department, independent commission, board, bureau, agency, or other establishment of the Government, including any independent regulatory commission or board and the municipal government of the District of Columbia, but do not include the legislative branch of the Government or the Supreme Court of the United States;

The term "the Budget" means the Budget required by section 11 of this title to be transmitted to Congress;

The term "bureau" means the the Bureau of the Budget; The term "director" means the Director of the Bureau of the Budget; and

The term "assistant director" means the Assistant Director of the Bureau of the Budget. (June 10, 1921, ch. 18, § 2, 42 Stat. 20; Apr. 3, 1939, ch. 36, title II, § 201, 53 Stat. 565.)

THE BUDGET

§ 11. President to transmit Budget to Congress; contents thereof. The President shall transmit to Congress on the first day of each regular session, the Budget, which shall set forth in summary and in detail:

(a) Estimates of the expenditures and appropriations necessary in his judgment for the support of the Government for the ensuing fiscal year; except that the estimates for such year for the legislative branch of the Government and the Supreme Court of the United States shall be transmitted to the President on or before October 15 of each year, and shall be included by him in the Budget without revision;

(b) His estimates of the receipts of the Government during the ensuing fiscal year, under (1) laws existing at the time the Budget is transmitted and also (2) under the revenue proposals, if any, contained in the Budget:

(c) The expenditures and receipts of the Government during the last completed fiscal year;

(d) Estimates of the expenditures and receipts of the Government during the fiscal year in progress:

(e) The amount of annual, permanent, or other appropriations, including balances of appropriations for prior fiscal years, available for expenditure during the fiscal year in progress, as of November 1 of such year;

(f) Balanced statements of (1) the condition of the Treasury at the end of the last completed fiscal year, (2) the estimated condition of the Treasury at the end of the fiscal year in progress, and (3) the estimated condition of the Treasury at the end of the ensuing fiscal year if the financial proposals contained in the Budget are adopted;

(g) All essential facts regarding the bonded and other indebtedness of the Government; and

(h) Such other financial statements and data as in his opinion are necessary or desirable in order to make known in all practicable detail the financial condition of the Government. (June 10, 1921, ch. 18, § 201, 42 Stat. 20.)

§ 13. Recommendations of President accompanying Budget.(a) If the estimated receipts for the ensuing fiscal year contained in the Budget, on the basis of laws existing at the time the Budget is transmitted, plus the estimated amounts in the Treasury at the close of the fiscal year in progress, available for expenditure in the ensuing fiscal year are less than the estimated expenditures for the ensuing fiscal year contained in the Budget, the President in the Budget shall make recommendations to Congress for new taxes, loans, or other appropriate action to meet the estimated deficiency.

(b) If the aggregate of such estimated receipts and such estimated amount in the Treasury is greater than such estimated expenditures for the ensuing fiscal year, he shall make such recommendations as in his opinion the public interests require. (June 10, 1921, ch. 18, § 202, 42 Stat. 21.)

§ 14. Supplemental or deficiency estimates transmited to Congress. (a) The President from time to time may transmit to Congress supplemental or deficiency estimates for such appropriations or expenditures as in his judgment (1) are necessary on account of laws enacted after the transmission of the Budget, or (2) are otherwise in the public interest. He shall accompany such estimates with a statement of the reasons therefor, including the reasons for their omission from the Budget.

(b) Whenever such supplemental or deficiency estimates reach an aggregate which, if they had been contained in the Budget, would have required the President to make a recommendation under subdivision (a) of section 13 of this title, he shall thereupon make such recommendation. (June 10, 1921, ch. 18, § 203, 42 Stat. 21.)

§15. Estimates or requests for appropriations, etc., not to be submitted by department officers or employees except by request.-No estimate or request for an appropriation and no request for an increase in an item of any such estimate or request, and no recommendation as to how the revenue needs of the Government should be met, shall be submitted to Congress or any committee thereof by any officer or employee of any department or establishment, unless at the request of either House of Congress. (June 10, 1921, ch. 18, § 206, 42 Stat. 21.)

§ 16. Bureau of Budget; director and assistant director; Budget, etc., to be prepared by bureau.-There is created in the Executive Office of the President a bureau to be known as the Bureau of the Budget. There shall be in the bureau a director and an assistant director, who shall be appointed by the President and receive salaries of $10,000 a year each. The assistant director shall perform such duties as the director may designate, and during the absence or incapacity of the director or during a vacancy in the office of director he shall act as director. The bureau, under such rules and regulations as the President may prescribe, shall prepare for him the Budget, and any supplemental or deficiency estimates, and to this end shall have authority to assemble, correlate, revise, reduce, or increase the estimates of the several departments or establishments. (June 10, 1921, ch. 18, § 207, 42 Stat. 22; Reorg. Plan No. 1, § 1, eff. July 1, 1939, 4 F. R. 2727, 53 Stat. 1423; Apr. 28, 1942, ch. 247, title III. 56 Stat. 234.)

§ 18. Detailed study of departments and establishments by bureau. The bureau, when directed by the President, shall make a detailed study of the departments and establishments for the purpose of enabling the President to determine what changes (with a view of securing greater economy and efficiency in the conduct of the public service) should be made in (1) the existing organization, activities, and methods of business of such departments or establishments, (2) the appropriations therefor, (3) the assignment of particular activities to particular services, or (4) the regrouping of services. The results of such study shall be embodied in a report or reports to the President, who may transmit to Congress such report or reports or any part thereof with his recommendations on the matters covered thereby. (June 10, 1921, ch. 18, § 209, 42 Stat. 22.)

§ 20. Aid and information for committees of Congress.-The bureau shall, at the request of any committee of either House of Congress having jurisdiction over revenue or appropriations, furnish the committee such aid and information as it may request. (June 10, 1921, ch. 18, § 212, 42 Stat. 23.)

§ 21. Information for bureau by departments and establishments; access to books, papers, etc., thereof.-Under such regulations as the President may prescribe (1) every department and establishment shall furnish to the bureau such information as the bureau may from time to time require, and (2) the director and the assistant director, or any employee of the bureau when duly authorized, shall, for the purpose of securing such information, have access to, and the right to examine, any books, documents, papers, or records of any such department or establishment. (June 10, 1921, ch. 18, § 213, 42 Stat. 23.)

Ex. ORD. No. 9384. SUBMISSION OF REPORTS TO FACILITATE BUDGETING ACTIVITIES OF THE FEDERAL GOVERNMENT

Ex. Ord. No. 9384, Oct. 4, 1943, 8 F. R. 13782, provided:

By virtue of the authority vested in me as President of the United States, and particularly by the Budget and Accounting Act, 1921, as amended (Title 31, U. S. Code, Secs. 1-24) (sections 1-24 of this title), it is hereby ordered as follows:

650673-46-8

1. In order to facilitate budgeting activities, all departments and establishments of the Executive Branch of the Federal Government, now or hereafter authorized by law to plan, propose, undertake, or aid public works and improvement projects financed in whole or in part by the Federal Government, shall prepare and keep up-to-date, by means of at least an annual revision, carefully planned and realistic long-range programs of such projects (all such programs being hereinafter referred to as "advance programs").

2. (a) Whenever any estimate of appropriation is submitted to the Bureau of the Budget (hereinafter referred to as the "Bureau") by such departments and establishments for the carrying out of any public works and improvement project or projects whether by contract, force account, Government plant and hired labor, or other similar procedure, or for the financing of any such project or projects whether by grants-in-aid, loans, or other forms of financial assistance, or for examinations, surveys, investigations, plans and specifications, or other planning activities, whether preliminary or detailed, or any such project or projects (all such survey and planning activities being hereinafter referred to as "plan preparation"), the advance program or programs relating to the proposed work or expenditure shall be submitted to the Bureau as an integral part of the justification of the estimates presented.

(b) All such departments and establishments shall submit to the Bureau at the earliest possible date estimates of such supplemental appropriations for the fiscal years 1944 and 1945 as are necessary to provide plan preparation for those public works and improvement projects proposed for undertaking during the first three years of their advanced programs. Thereafter, in order that plans for these public works and improvement projects will always be available in advance, all such departments and establishments shall prepare and submit to the Bureau during each fiscal year estimates of such appropriations as may be necessary to provide plan preparation for those projects proposed for undertaking during the succeeding three fiscal years of their advance programs. All such estimates shall be accompanied by recommendations as to the additional legislation, or amendments to existing legislation, that may be necessary to bring projects in their advance programs to an appropriate state of readiness for prompt undertaking when and where needed.

3. The Director of the Bureau, upon the basis of the estimates and advance programs submitted in accordance with the provisions of paragraph 2 of this order, shall report to the President from time to time, but not less than once a year, consolidated estimates and advance programs in the form of an over-all advance program for the Executive Branch of the Government.

4. Before any department or establishment shall submit to the Congress, or to any committee or member thereof, a report relating to, or affecting in whole or in part, its advance programs, or the public works and improvement projects comprising such programs, or the results of any plan preparation for such programs or projects, such report shall be submitted to the Bureau for advice as to its relationship to the program of the President. When such report is thereafter submitted to the Congress, or to any committee or member thereof, it shall include a statement of the advice received from the Bureau.

5. The data and reports required by this order, and such other data, reports, and information as may from time to time be requested by the Bureau concerning advance programs, or the status of any public works and improvement projects included therein, or the results or status of any plan preparation for such programs or projects, shall be submitted to the Bureau in such form and manner as the Director of the Bureau shall prescribe. The Director of the Bureau shall from time to time issue such regulations as he deems necessary to effectuate this order, and his determinations with respect to the scope and application of this order shall be controlling.

6. The term "department and establishments" as used in this Executive Order shall be deemed to include any executive department, independent commission, board, bureau, office, agency, regulatory commission or board, Government-owned or controlled corporation, or other establishment of the Government, and the municipal government of the District of Columbia, but shall not include the legislative or judicial branches of the Government.

7. Executive Order No. 8455, dated June 26, 1940, is hereby revoked.

§ 22. Budget officers of departments and establishments; designation; duties.-(a) The head of each department and establishment shall designate an official thereof as Budget officer therefor, who, in each year under his direction and on or before a date fixed by him, shall prepare the departmental estimates. (b) Such Budget officer shall also prepare, under the direction of the head of the department or establishment, such supplemental and deficieny estimates as may be required for its work. (June 10, 1921, ch. 18, § 214, 42 Stat. 23.)

§ 23. Departmental estimates; revision; time for submission to bureau; failure to submit.-The head of each department and establishment shall revise the department estimates and submit them to the bureau on or before September 15 of each year. In case of his failure so to do, the President shall cause to be prepared such estimates and data as are necessary to enable him to include in the Budget estimates and statements in respect to the work of such department or establishment. (June 10, 1921, ch. 18, § 215, 42 Stat. 23.)

CROSS REFERENCE

Secretary of Agriculture, separate schedule of expenditures, transfers of funds, or other transactions to be included in annual budget, see section 558a of Title 5, Executive Departments and Government Officers and Employees.

§ 24. Same; form and manner of submission.-The departmental estimates and any supplemental or deficiency estimates submitted to the bureau by the head of any department or establishment shall be prepared and submitted in such form, manner, and detail as the President may prescribe. (June 10, 1921, ch. 18, § 216, 42 Stat. 23.)

CROSS REFERENCE

Secretary of Agriculture, separate schedule of expenditures, transfers of funds, or other transactions to be included in annual budget, see section 558a of Title 5, Executive Departments and Government Officers and Employees.

GENERAL ACCOUNTING OFFICE

§ 41. Creation; control and direction of; certain offices abolished; officers, employees, books, papers, etc., transferred to General Accounting Office; seal thereof.-There is created an establishment of the Government to be known as the General Accounting Office, which shall be independent of the executive departments and under the control and direction of the Comptroller General of the United States. The offices of Comptroller of the Treasury and Assistant Comptroller of the Treasury are abolished. All other officers and employees of the office of the Comptroller of the Treasury shall be officers and employees in the General Accounting Office at their grades and salaries on July 1, 1921, and all books, records, documents, papers, furniture, office equipment and other property of the office of the Comptroller of the Treasury shall be the property of the General Accounting Office. The Comptroller General is authorized to adopt a seal for the General Accounting Office. (June 10, 1921, ch. 18, § 301, 42 Stat. 23.)