Title 31, U.S. Code (Selected)
31 U.S.C § 1107
Subtitle II—The Budget Process
Chapter 11—The Budget and Fiscal, Budget, and Program Information
§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. The President shall transmit promptly to Congress without change, proposed deficiency and supplemental appropriations submitted to the President by the legislative branch and the judicial branch.
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Counsel Notes
Amendment by the Consolidated Appropriations Act, 2012
The Conference Report accompanying the CAA 2012, while it is welcome that it even exists since this is not always the case even as omnibus appropriations have become the norm, provided scant information on the amendment, but included this brevity:
Section 619 requires the President to transmit proposed deficiency and supplemental appropriations requests to Congress on behalf of the judicial and legislative branches as is presently done for the executive branch.
U.S. Congress, Joint Explanatory Statement of the Committee of Conference to Accompany H.R. 2055, House Appropriations Committee, H. Rept. 112-313, 112th Congress, 1st Sess., December 15, 2011, p. 923.
See Consolidated Appropriations Act, 2012 (Pub. L. 112-74, div. C, title VI, §619, Dec. 23, 2011, 125 Stat. 926; H.R.2055 (112th Congress)).
Amendment by Public Law 97-258
Though the codification law enacted in 1982 (Pub. 97-258) was ostensibly designed to transfer provisions of law to a newly reorganized title 31 of the U.S. Code “without substantive revision,” changes were made, though arguably only stylistic. Before its transfer to 2 U.S.C. 1107 (and as amended by the Budget and Accounting Procedures Act of 1950 (Pub. L. 81-784), section 203 (BAA 1921) read as follows:
Sec. 203. (a) The President from time to time may transmit to Congress such proposed supplemental or deficiency appropriations as in his judgement (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 proposals with a statement of the reasons therefor, including the reasons for their omission from the Budget.
(b) Whenever such proposed supplemental or deficiency appropriations 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 202, he shall thereupon make such recommendation.
Government Accountability Office, The Budget and Accounting Act of 1921: Compilation of the 1921 Act, (GAO) February 1966, p. 4.
LEGISLATIVE History NOTES
PUBLIC LAWS
Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 911 (Title 31 Codification and Revision Law of 1982).
Pub. L. 112–74, div. C, title VI, §619, Dec. 23, 2011, 125 Stat. 926 (Consolidated Appropriations Act, 2012)
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Revised Section |
Source (U.S. Code) |
Source (Statutes at Large) |
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| 1107 | 31:14. | June 10, 1921, ch. 18, §203, 42 Stat. 21; restated Sept. 12, 1950, ch. 946, §102(b), 64 Stat. 833 . |
Amendments
2011
Pub. L. 112–74 (Consolidated Appropriations Act, 2012) inserted at end:
“The President shall transmit promptly to Congress without change, proposed deficiency and supplemental appropriations submitted to the President by the legislative branch and the judicial branch.”
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[BCR § 307]
Budget Counsel 