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PART IX-OTHER RELATED PROVISIONS OF LAW

CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974

[Public Law 93-344; 88 Stat. 297; 2 U.S.C. 621]

SHORT TITLES; TABLE OF CONTENTS

SECTION 1. (a) SHORT TITLES.-This Act may be cited as the "Congressional Budget and Impoundment Control Act of 1974". Titles I through IX may be cited as the "Congressional Budget Act of 1974" and title X may be cited as the "Impoundment Control Act of 1974".

(b) TABLE OF CONTENTS.

Sec. 1. Short titles; table of contents.

Sec. 2. Declaration of purposes.

Sec. 3. Definitions.

TITLE I-ESTABLISHMENT OF HOUSE AND SENATE BUDGET COMMITTEES Sec. 101. Budget Committee of the House of Representatives.

Sec. 102. Budget Committee of the Senate.

TITLE II-CONGRESSIONAL BUDGET OFFICE

Sec. 201. Establishment of Office.

Sec. 202. Duties and functions.

Sec. 203. Public access to budget data.

TITLE III-CONGRESSIONAL BUDGET PROCESS

Sec. 300. Timetable.

Sec. 301. Adoption of first concurrent resolution.

Sec. 302. Matters to be included in joint statement of managers; reports by commit

tees.

Sec. 303. First concurrent resolution on the budget must be adopted before legislation providing new budget authority, new spending authority, or changes in revenues or public debt limit is considered.

Sec. 304. Permissible revisions of concurrent resolutions on the budget.

Sec. 305. Provisions relating to the consideration of concurrent resolutions on the budget.

Sec. 306. Legislation dealing with congressional budget must be handled by budget committees.

Sec. 307. House committee action on all appropriation bills to be completed before first appropriation bill is reported.

Sec. 308. Reports, summaries, and projections of congressional budget actions. Sec. 309. Completion of action on bills providing new budget authority and certain new spending authority.

Sec. 310. Second required concurrent resolution and reconciliation process.

Sec. 311. New budget authority, new spending authority and revenue legislation must be within appropriate levels.

TITLE IV-ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES Sec. 401. Bills providing new spending authority. Sec. 402. Reporting of authority legislation. Sec. 403. Analyses by Congressional Budget Office. Sec. 404. Jurisdiction of Appropriations Committees.

36-210 0-84-41

TITLE V-CHANGE OF FISCAL YEAR

Sec. 501. Fiscal year to begin October 1.

Sec. 502. Transition to new fiscal year.

Sec. 503. Accounting procedures.

Sec. 504. Conversion of authorizations of appropriations.

Sec. 505. Repeals.

Sec. 506. Technical amendment.

TITLE VI-AMENDMENTS TO BUDGET AND ACCOUNTING ACT, 1921

Sec. 601. Matter to be included in President's budget.

Sec. 602. Midyear review.

Sec. 603. Five-year budget projections.

Sec. 604. Allowances for supplemental budget authority and uncontrollable outlays. Sec. 605. Budget data based on continuation of existing level of services.

Sec. 606. Study of off-budget agencies.

Sec. 607. Year-ahead requests for authorization of new budget authority.

TITLE VII-PROGRAMS REVIEW AND EVALUATION

Sec. 701. Review and evaluation by standing committee.

Sec. 702. Review and evaluation by the Comptroller General.

Sec. 703. Continuing study of additional budget reform proposals.

TITLE VIII-FISCAL AND BUDGETARY INFORMATION AND CONTROLS

Sec. 801. Amendment to Legislative Reorganization Act of 1970.

Sec. 802. Changes in functional categories.

TITLE IX-MISCELLANEOUS PROVISIONS: EFFECTIVE DATES

Sec. 901. Amendments to rules of the House.

Sec. 902. Conforming amendments to standing rules of the Senate.
Sec. 903. Amendments to Legislative Reorganization Act of 1946.
Sec. 904. Exercise of rulemaking powers.

Sec. 905. Effective dates.

Sec. 906. Application of congressional budget process to fiscal year 1976.

Sec. 1001. Disclaimer.

TITLE X-IMPOUNDMENT CONTROL

PART A-GENERAL PROVISIONS

Sec. 1002. Amendment to Antideficiency Act.

Sec. 1003. Repeal of existing impoundment reporting provision.

PART B-CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS, RESERVATIONS, AND DEFERRals of BUDGET AUTHORITY

Sec. 1011. Definitions.

Sec. 1012. Rescission of budget authority.

Sec. 1013. Disapproval of proposed deferrals of budget authority.

Sec. 1014. Transmission of messages; publication.

Sec. 1015. Reports of Comptroller General.

Sec. 1016. Suits by Comptroller General.

Sec. 1017. Procedures in House and Senate.

DECLARATION OF PURPOSES

SEC. 2. The Congress declares that it is essential

(1) to assure effective congressional control over the budgetary process;

(2) to provide for the congressional determination each year of the appropriate level of Federal revenues and expenditures; (3) to provide a system of impoundment control;

(4) to establish national budget priorities; and

(5) to provide for the furnishing of information by the executive branch in a manner that will assist the Congress in discharging its duties.

DEFINITIONS

SEC. 3. IN GENERAL.-For purposes of this Act

(1) The terms "budget outlays" and "outlays" mean, with respect to any fiscal year, expenditures and net lending of funds under budget authority during such year.

(2) The term "budget authority" means authority provided by law to enter into obligations which will result in immediate or future outlays involving Government funds, except that such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government.

(3) The term "tax expenditures" means those revenue losses attributable to provisions of the Federal tax laws which allow a special exclusion, exemption, or deduction from gross income or which provide a special credit, a preferential rate of tax, or a deferral to tax liability; and the term "tax expenditures budget" means an enumeration of such tax expenditures.

(4) The term "concurrent resolution on the budget" means— (A) a concurrent resolution setting forth the congressional budget for the United States Government for a fiscal year as provided in section 301;

(B) a concurrent resolution reaffirming or revising the congressional budget for the United States Government for a fiscal year as provided in section 310; and

(C) any other concurrent resolution revising the congressional budget for the United States Government for a fiscal year as described in section 304.

(5) The term "appropriation Act" means an Act referred to in section 105 of title I, United States Code.

TITLE I-ESTABLISHMENT OF HOUSE AND SENATE
BUDGET COMMITTEES

BUDGET COMMITTEE OF THE HOUSE OF REPRESENTATIVES

SEC. 101. (a) Clause 1 of Rule X of the Rules of the House of Representatives is amended by redesignating paragraphs (e) through (u) as paragraphs (f) through (v), respectively, and by inserting after paragraph (d) the following new paragraph:

"(e) Committee on the Budget, to consist of twenty-three Members as follows:

"(1) five Members who are members of the Committee on Appropriations;

"(2) five Members who are members of the Committee on Ways and Means;

"(3) eleven Members who are members of other standing committees;

"(4) one Member from the leadership of the majority party; and

“(5) one Member from the leadership of the minority party. No Member shall serve as a member of the Committee on the Budget during more than two Congresses in any period of five successive Congresses beginning after 1974 (disregarding for this purpose any service performed as a member of such committee for less

than a full session in any Congress). All selections of Members to serve on the committee shall be made without regard to seniority." (b) Rule X of the rules of the House of Representatives is amended by adding at the end thereof the following new clause:

"6. For carrying out the purposes set forth in clause 5 of Rule XI, the Committee on the Budget or any subcommittee thereof is authorized to sit and act at such times and places within the United States, whether the House is in session, has recessed, or has adjourned, to hold such hearings, to require the attendance of such witnesses and the production of such books or papers or documents or vouchers by subpena or otherwise, and to take such testimony and records, as it deems necessary. Subpenas may be issued over the signature of the chairman of the committee or of any member of the committee designated by him; and may be served by any person designated by such chairman or member. The chairman of the committee, or any member thereof, may administer oaths to witnesses."

(c) Rule XI of the Rules of the House of Representatives is amended by redesignating clauses 5 through 33 as clauses 6 through 34, respectively, and by inserting after clause 4 the following new clause:

5. Committee on the Budget

"(a) All concurrent resolutions on the budget (as defined in section 3(a)(4) of the Congressional Budget Act of 1974) and other matters required to be referred to the committee under titles III and IV of that Act.

"(b) The committee shall have the duty

"(1) to report the matters required to be reported by it under titles III and IV of the Congressional Budget Act of 1974;

"(2) to make continuing studies of the effect on budget outlays of relevant existing and proposed legislation and to report the results of such studies to the House on a recurring basis; "(3) to request and evaluate continuing studies of tax expenditures, to devise methods of coordinating tax expenditures, policies, and programs with direct budget outlays, and to report the results of such studies to the house on a recurring basis; and

"(4) to review, on a continuing basis, the conduct by the Congressional Budget Office of its functions and duties."

BUDGET COMMITTEE OF THE SENATE

SEC. 102. (a) Paragraph 1 of rule XXV of the Standing Rules of the Senate is amended by adding at the end thereof the following new subparagraph:

"(r)(1) Committee on the Budget, to which committee shall be referred all concurrent resolutions on the budget (as defined in section 3(a)(4) of the Congressional Budget Act of 1974) and all other matters required to be referred to that committee under titles III and IV of that Act, and messages, petitions, memorials, and other matters relating thereto.

"(2) Such committee shall have the duty

"(A) to report the matters required to be reported by it under titles III and IV of the Congressional Budget Act of 1974;

"(B) to make continuing studies of the effect on budget outlays of relevant existing and proposed legislation and to report the results of such studies to the Senate on a recurring basis;

"(C) to request and evaluate continuing studies of tax expenditures, to devise methods of coordinating tax expenditures, policies and programs with direct budget outlays, and to report the results of such studies to the Senate on a recurring basis; and

"(D) to review, on a continuing basis, the conduct by the Congressional Budget Office of its functions and duties."

(b) The table contained in paragraph 2 of rule XXV of the Standing Rules of the Senate is amended by inserting after

"Banking, Housing and Urban Affairs.............

The following:

"Budget.

15"

15".

(c) Paragraph 6 of rule XXV of the Standing Rules of the Senate is amended by adding at the end thereof the following new subparagraph:

"(h) For purposes of the first sentence of subparagraph (a), membership on the Committee on the Budget shall not be taken into account until that date occurring during the first session of the Ninety-fifth Congress, upon which the appointment of the majority and minority party members of the standing committees of the Senate is initially completed."

(d) Each meeting of the Committee on the Budget of the Senate, or any subcommittee thereof, including meetings to conduct hearings, shall be open to the public, except that a portion or portions of any such meeting may be closed to the public if the committee or subcommittee, as the case may be, determines by record vote of a majority of the members of the committee or subcommittee present that the matters to be discussed or the testimony to be taken at such portion or portions

(1) will disclose matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States;

(2) will relate soley to matters of committee staff personnel or internal staff management or procedure;

(3) will tend to charge an individual with crime or misconduct to disgrace or injure the professional standing of an individual, or otherwise to expose an individual to public contempt or obloquy, or will represent a clearly unwarranted invasion of the privacy of an individual;

(4) will disclose the identity of any informer or law enforcement agent or will disclose any information relating to the investigation or prosecution of a criminal offense that is required to be kept secret in the interests of effective law enforcement;

or

(5) will disclose information relating to the trade secrets or financial or commercial information pertaining specifically to a give person if

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