Chapter II SUMMARY OF PERTINENT LAWS AND REGULATIONS

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Chapter II SUMMARY OF PERTINENT LAWS AND REGULATIONSSection 4Policies Governing Release of Budgetary InformationPolicies on the release of budgetary information are contained in Circular A-11 (Section 22.0).The Department of Commerce follows these guidelines in all communications regardingbudgetary information.Subsection (a):Subsection (b):Subsection (c):Deals with agency testimony before Congressional Committees.Discusses required clearances of budgetary material prior to release toCongress or the media. Included in this section are guidelines regarding OMBclearance of inserts for the record and questions from Members of theAppropriations Committees.Discusses restrictions on proposing changes to the President's Budget arediscussed in Application of the Provisions of the Freedom of Information Act(FOIA) and the Government in the Sunshine Act to public requests for budgetinformation is discussed in the final subsection.The text of Section 22.0: is summarized below:A. Agency testimony before and communications with Congress on budgetary mattersThe nature and amounts of the President's decisions are confidential and will not be releaseduntil the budget is transmitted formally to Congress. The executive branch communicationsthat have led to the budget will not be disclosed either by the agencies or by those who haveprepared the budget.In furnishing information on appropriations and budgetary matters, representatives ofagencies should be aware of the limitations on such communications, including thelimitation that:"...An officer or employee of an agency may submit to Congress or a committee ofCongress an appropriations estimate or request, a request for an increase in that estimateor request, or a recommendation on meeting the financial needs of the Government onlywhen requested by either House of Congress." (31 U.S.C. 1108(e)).Furthermore, agency representatives should be aware of restrictions upon communicationsto influence legislation that are not conducted through proper channels (18 U.S.C. 1913).Following formal transmittal of the budget, an amendment, or a supplemental appropriationrequest, agency representatives will be guided by the following policies pertaining tobudgetary matters when testifying before any Congressional committee or communicatingwith Members of Congress:1. Witnesses will give frank and complete answers to all questions.II(4)-1
2. Witnesses will avoid volunteering personal opinions that reflect positions inconsistentwith the program or appropriations request the President has transmitted to Congress.3. If statutory provisions exist for the direct submission of agency budget estimates toCongress, OMB may provide agencies with additional materials supporting thePresident's budget request to be forwarded by the agency to Congress with agencytestimony. Witnesses for such agencies will be prepared to explain the agencysubmission, the request in the President's budget, and any justification material.4. In responding to specific questions on program and appropriations requests, witnesseswill refrain from providing plans for the use of appropriations that exceed thePresident's request. Witnesses typically bear responsibility for the conduct of one or afew programs, whereas the President must weigh carefully all of the needs of theFederal government, and compare them against each other and against the revenuesavailable to meet such needs. Where appropriate, witnesses should call attention to thisdifference in scope of responsibility in explaining why it is not proper for them tosupport efforts to raise appropriations above the amounts requested by the President.5. Where there is a request for a written submission that will involve a statement ofopinion relating to program and appropriations requests, witnesses will arrange for areply to be provided through the head of the agency.6. Agency representatives should be careful that their communications are not perceived tobe an "appropriations estimate or request...or an increase in that estimate or request..."(31 U.S.C. 1108). Agency representatives are expected to support the President'sbudgetary decisions and seek adjustments to those decisions through establishedprocedures for budget amendments or supplemental appropriations requests if theagency head determines such action to be necessary.B. Clearance of budget related materials for Congress and the mediaPolicy consistency is essential among the formal documents of the President's budget, andthe various budget related materials prepared by the agencies for Congress and the media.Clearance of these agency materials by OMB helps achieve that consistency.Agencies will submit to OMB, for clearance prior to transmittal to Congressionalcommittees or individual Members of Congress or their staff, all proposed budgetjustification materials. Agencies also will submit to OMB for clearance budget relatedoversight materials.This information, including initial budget justifications; testimony before and letters toCongressional committees; written responses to Congressional inquiries or other materialsfor the record; materials responding to committee and subcommittee reporting requirements;capability statements; appeal letters; reprogramming requests; related cost information; andbudget related materials provided to other Congressional committees, in response to theiroversight activities, will be provided to OMB in such a manner as to allow OMB fiveworking days to review the material. In exceptional circumstances where the response timeII(4)-2
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Page 5 and 6: conditions of appropriations.(b)(c)
Page 7 and 8: (A)(B)the amount proposed in the bu
Page 9 and 10: (c)Subsection (f) of section 1105 s
Page 11 and 12: assumptions on whichthose budget ou
Page 13 and 14: the extent practicable) shall provi
Page 15 and 16: (E)(F)activities, progress, and res
Page 17 and 18: quantitative standard, value, or ra
Page 19 and 20: (b)(c)(d)The reappropriation and di
Page 21 and 22: (a)(b)The official having administr
Page 23 and 24: 20. Section 1518 - Adverse personne
Page 25 and 26: 1. The Mid-Session Review/Update of
Page 27 and 28: (d) After a general appropriation b
Page 29 and 30: eceived if such restriction is to t
Page 31: II(3)-6
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Chapter II SUMMARY OF PERTINENT LAWS AND REGULATIONS

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