skip to main content

H.R. 7130 (93rd): Congressional Budget Act of 1974

The text of the bill below is as of Jul 12, 1974 (Passed Congress).


88 STAT. ]               PUBLIC LAW 93-344-JULY 12, 1974                                                  297

Public Law 93-344
                                        AN A C T                                          July 12,1974
To establish a new congressional budget process; to establish Committees on the            [H. R . 7 1 3 0 ]
  Budget in each H o u s e ; to establish a Congressional Budget Office; to establish
  a procedure providing congressional control over t h e impoundment of funds
  by the executive branch ; and for other purposes.

 Be it enacted hy the Senate and House of Representatives                    of the
United States of America in Conqress assemhled,                                           congressional
                        •^                          "^            '                     Budget and Im-
                                                                                        poundment Control
                             SHORT T I T L E S :   TABLE OF CONTENTS                    Act of   1974.
                                                                                          31 u s e 1301
  SECTION 1. (a) SHORT TITLES.—^This Act may be cited as the "Con-
gressional Budget and Impoundment Control Act of 1974". Titles I
through I X 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 t i t l e s ; table of contents.
Sec. 2.   Declaration of purposes.
Sec. 3.   Definitions.
              T I T L E I — E S T A B L I S H M E N T OF HOUSE AND SENATE
                                    BUDGET COMMITTEES
Sec. 101. Budget Committee of the House of Representatives.
Sec. 102. Budget Committee of the Senate.

                 T I T L E II—CONGRESSIONAL B U D G E T O F F I C E
See. 201. Establishment of Office.
Sec. 202. Duties and functions.
Sec. 203. Public access to budget data.
                T I T L E III—CONGRESSIONAL B U D G E T PROCESS
Sec. 300. Timetable.
Sec. 301. Adoption of first concurrent resolution.
Sec. 302. Matters to be included in joint statement of m a n a g e r s ; reports by
              committees.
Sec. 303. F i r s t concurrent resolution on the budget must be adopted before legis-
             lation 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. Legisilation 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, a n d projections of congressional budget actions.
Sec. 309. Completion of action on bills providing new budget authority and cer-
             tain 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.
        T I T L E IV—ADDITIONAL P R O V I S I O N S TO IMPROVE FISCAL
                              PROCEDURES
Sec.   401.   Bills providing new spending authority.
Sec.   402.   Reporting of authorizing legislation.
Sec.   403.   Analyses by Congressional Budget Office.
Sec.   404.   Jurisdiction of Appropriations Committees.

298 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. T I T L E V—CHANGE O F F I S C A L YEAR Sec. 501. Fiscal y e a r l;o 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. T I T L E VI—AMENDMENTS T O B U D G E T A N D ACCOUNTING ACT, 1921 Sec. 601. Matters t o be included in President's budget. Sec. 602. Midyear review. Sec. 603. Five-year budget projections. Sec. 604. Allowances for supplemental budget authority a n d uncontrollable out- lays. Sec. 605. Budget d a t a based on continuation of existing level of services. Sec. 606. Study of off-budget agencies. Sec. 607. Year-ahead requests for authorization of n e w budget authority. T I T L E VII—PROGRAM R E V I E W A N D EVALUATION Sec. 701. Review a n d evaluation by s t a n d i n g committees. Sec. 702. Review and evaluation by t h e Comptroller General. Sec. 703. Continuing study of additional budget reform proposals. T I T L E V I I I — F I S C A L AND BUDGETARY INFORMATION AND CONTROLS Sec. 801. Amendment to Legislative Reorganization Act of 1970. Sec. 802. Changes in functional categories. TITLE IX—MISCELLANEOUS PROVISIONS; E F F E C T I V E DATES Sec. 901. Amendments to rules of t h e House. Sec. 902. Conforming amendments t o standing rules of t h e 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 y e a r 1976. T I T L E X — I M P O U N D M E N T CONTROL PART A — G E N E R A L PROVISIONS Sec. 1001. Disclaimer. Sec. 1002. Amendment to Antideficiency Act. Sec. 1003. Repeal of existing impoundment reporting provision. PART B—CONGRESSIONAL CONSIDERATION OF PROPOSED R E S C I S S I O N S , RESERVATIONS, AND DEFFERALS 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 by Comptroller General. Sec. 1016. Suits by Comptroller General. Sec. 1017. Procedure i n House and Senate. DECLARATION OF PURPOSES 31 use 1301. ^yQ^ 2. T h e C o n g r e s s declares t h a t i t is e s s e n t i a l — (1) t o assure effective congressional c o n t r o l over t h e b u d g e t a r y process; ( 2 ) t o p r o v i d e f o r t h e congressional d e t e r m i n a t i o n each y e a r of t h e a p p r o p r i a t e level of F e d e r a l revenues a n d e x p e n d i t u r e s ; (3) t o p r o v i d e a system of i m p o u n d m e n t c o n t r o l ; (4) t o establish national budget priorities; a n d ( 5 ) t o p r o v i d e f o r t h e f u r n i s h i n g of i n f o r m a t i o n b y t h e execu- t i v e b r a n c h i n a m a n n e r t h a t will assist t h e C o n g r e s s i n dis- charging its duties.
88 STAT.] PUBLIC LAW 93-344-JULY 12, 1974 299 DEFINITIONS SEC. 3. (a) I N GENERAL.—For purposes of this Act— 3i use 1302. (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 of 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 reaiTirming or revising the con- gressional budget for the United States Government for a fiscal year as provided in section 310; and (C) any other concurrent resolution revising the congres- sional 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 1, United States Code. ^°«^ p- 322. (b) J O I N T COMMITTEE ON ATOMIC ENERGY.—For purposes of titles I I , I I I , and I V of this Act, the Members of the House of Representa- tives who are members of the Joint Committee on Atomic Energy shall be treated as a standing committee of the House, and the Mem- bers of the Senate who are members of the Joint Committee shall be treated as a standing committee of the Senate. T I T L E I — E S T A B L I S H M E N T O F H O U S E AND S E N A T E BudTeTAcTor' BUDGET COMMITTEES '^^^• BUDGET COMMITTEE or 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 Membership. 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
300 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT "(5) one Member from the leadership of the minority party. Term. 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 Seniority rul session in any Congress). All selections of Members to serve on the exception. 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: Committee "6. For carrying out the purposes set forth in clause 5 of Rule X I , sessions. the Committee on the Budget or any subcommittee thereof is author- ized 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 pro- duction of such books or papers or documents or vouchers by subpena or otherwise, and to take such testimony and records, as it deems nec- Subpenas. essary. 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 X I 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 sec- tion 3 ( a ) ( 4 ) of the Congressional Budget Act of 1974) and other matters required to be referred to the committee under titles I I I and I V of that Act. Duties. " (b) The committee shall have the duty— "(1) to report the matters required to be reported by it under titles I I I and I V 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 expendi- tures, 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 Con- gressional Budget Office of its functions and duties." BUDGET COMMITTEE OF T H E SENATE SEC. 102. (a) Paragraph 1 of rule X X V 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 mat- ters required to be referred to that committee under titles I I I and I V of that Act, and messages, petitions, memorials, and other matters relating thereto.
88 STAT.] PUBLIC LAW 93-344-JULY 12, 1974 301 "(2) Such committee shall have the duty— Duties. " ( A ) to report the matters required to be reported by it under titles I I I and I V of the Congessional 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 expendi- tures, 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 Con- gressional Budget Office of its functions and duties." (b) The table contained in paragraph 2 of rule X X V of the Stand- ing Rules of the Senate is amended by inserting after— "Banking, Housing and Urban Affairs : 15" the following: "Budget ^—: 15". (c) Paragraph 6 of rule X X V 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 ) , mem- bership 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, ^e^^rngs?"* '^'"'^'^ or any subcommittee thereof, including meetings to conduct hearings, 2 use i90a-3. 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 subcom- mittee, 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 inter- ests of national defense or the confidential conduct of the foreign relations of the United States; (2) will relate solely 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 enforce- ment agent or will disclose any information relating to the investi- gation 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 given person if—
302 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. (A) an Act of Congress requires the information to be kept confidential by Government officers and employees; or (B) the information has been obtained by the Government on a confidential basis, other than through an application by such person for a specific Government financial or other bene- fit, and is required to be kept secret in order to prevent undue injury to the competitive position of such person. 2 u s e 190a-l (e) Paragraph 7(b) of rule X X V of the Standing Rules of the note. Senate and section 133A (b) of the Legislative Reorganization Act of 2 u s e 190a-l, 1946 shall not apply to the Committee on the Budget of the Senate. TITLE II—CONGRESSIONAL BUDGET O F F I C E ESTABLISHMENT OF OFFICE 2 u s e 601. SEC. 201. (a) I x GENERAL.— (1) There is established an office of the Congress to be known as the Congressional Budget Office (hereinafter in this title referred to as the "Office"). The Office shall be headed by a Direc- tor ; and there shall be a Deputy Director who shall perform such duties as may be assigned to him by the Director and, during the absence or incapacity of the Director or during a vacancy in that office, shall act as Director. Appointment. (2) The Director shall be appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate after considering recommendations received from the Committees on the Budget of the House and the Senate, without regard to political affiliation and solely on the basis of his fitness to perform his duties. The Deputy Director shall be appointed by the Director. (3) The term of office of the Director first appointed shall expire at noon on January 3,1979, and the terms of office of Direc- tors subsequently appointed shall expire at noon on January 3 of each fourth year thereafter. Any individual appointed as Direc- tor to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of that term. An individual serv- ing as Director at the expiration of a term may continue to serve until his successor is appointed. Any Deputy Director shall serve until the expiration of the term of office of the Director who appointed him (and until his successor is appointed), unless sooner removed by the Director. Removal. (4) The Director may be removed by either House by resolution. Compensation. (5) The Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as in effect from time to time, for level I I I of the Executive Schedule in section 5314 of title 5, United States Code. The Deputy Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as so in effect, for level I V of the Executive Schedule in section 5315 of such title. Appointment (b) PERSONNEL.—^^The Director shall appoint and fix the compensa- and compensa- tion. tion of such personnel as may be necessary to carry out the duties and functions of the Office. All personnel of the Office shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties. The Director may prescribe the duties and responsibilities of the personnel of the Office, and delegate to them authority to perform any of the duties, powers, and functions imposed
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 303 on the Office or on the Director. For purposes of pay (other than pay of the Director and Deputy Director) and employment benefits, rights, and privileges, all personnel of the Office shall be treated as if they were employees of the House of Representatives. (c) EXPERTS AND CONSULTANTS.—In carrying out the duties and functions of the Office, the Director may procure the temporary (not to exceed one year) or intermittent services of experts or consultants or organizations thereof by contract as independent contractors, or, in the case of individual experts or consultants, by employment at rates of pay not in excess of the daily equivalent of the highest rate of basic pay payable under the General Schedule of section 5332 of title 5, United States Code. JJ^^ 5332 (d) RELATIONSHIP TO EXECUTIVE BRANCH.—The Director is author- "°Da'ta, avaii- ized to secure information, data, estimates, and statistics directly from ability. the various departments, agencies, and establishments of the executive branch of Government and the regulatory agencies and commissions of the Government. All such departments, agencies, establishments, and regulatory agencies and commissions shall furnish the Director any available material which he determines to be necessary in the performance of his duties and functions (other than material the disclosure of which would be a violation of law). The Director is also authorized, upon agreement with the head of any such depart- ment, agency, establishment, or regulatory agency or commission, to utilize its services, facilities, and personnel with or without reimburse- ment ; and the head of each such department, agency, establishment, or regulatory agency or commission is authorized to provide the Office such services, facilities, and personnel. (e) RELATIONSHIP TO OTHER AGENCIES OF CONGRESS,—In carrying out the duties and functions of the Office, and for the purpose of coor- dinating the operations of the Office with those of other congressional agencies with a view to utilizing most effectively the information, services, and capabilities of all such agencies in carrying out the var- ious responsibilities assigned to each, the Director is authorized to obtain information, data, estimates, and statistics developed by the „ ^'^°' ""'^f/^ "^ /-^ 1 * • /^/r» j^i T •! /• >^ T 1 y ^ nn it <-0ngress. Office General Accounting Omce, the Library of Congress, and the Office of of Technology Technology Assessment, and (upon agreement with them) to utilize ^/fa^cume"s' "^^ their services, facilities, and personnel with or without reimburse- ment. The Comptroller General, the Librarian of Congress, and the Technology Assessment Board are authorized to provide the Office with the information, data, estimates, and statistics, and the services, facilities, and personnel, referred to in the preceding sentence. (f) APPROPRIATIONS.—There are authorized to be appropriated to the Office for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions. Until sums are first appropri- ated pursuant to the preceding sentence, but for a period not exceeding 12 months following the effective date of this subsection, the expenses of the Office shall be paid from the contingent fund of the Senate, in accordance with the paragraph relating to the contingent fund of the Senate under the heading " U N D E R L E G I S L A T I V E " in the Act of October 1, 1888 (28 Stat. 546; 2 U.S.C. 68), and upon vouchers approved by the Director.
304 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. DUTIES AND FUNCTIONS 2 use 602. gE(._ 202. (a) ASSISTANCE TO BUDGET COMMITTEES.—It shall be the duty and function of the Office to provide to the Committees on the Budget of both Houses information which will assist such committees in the discharge of all matters within their jurisdictions, including (1) information with respect to the budget, appropriation bills, and other bills authorizing or providing budget authority or tax expendi- tures, (2) information with respect to revenues, receipts, estimated future revenues and receipts, and changing revenue conditions, and (3) such related information as such Committees may request. (b) ASSISTANCE TO COMMITTEES ON APPROPRIATIONS, WAYS AND MEANS, AND FINANCE.—At the request of the Committee on Appropri- ations of either House, the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate, the Office shall provide to such Committee any information which will assist it in the discharge of matters within its jurisdiction, including information described in clauses (1) and (2) of subsection (a) and such related information as the Committee may request. (c) ASSISTANCE TO OTHER COMMITTEES AND MEMBERS.— (1) At the request of any other committee of the House of Rep- resentatives or the Senate or any joint committee of the Congress, the Office shall provide to such committee or joint committee any information compiled in carrying out clauses (1) and (2) of sub- section ( a ) , and, to the extent practicable, such additional infor- mation related to the foregoing as may be requested. (2) At the request of any Member of the House or Senate, the Office shall provide to such Member any information compiled in carrying out clauses (1) and (2) of subsection ( a ) , and, to the extent available, such additional information related to the fore- going as may be requested. (d) ASSIGNMENT OF OFFICE PERSONNEL TO COMMITTEES AND J O I N T COMMITTEES.—^At the request of the Committee on the Budget of either House, personnel of the Office shall be assigned, on a temporary basis, to assist such committee. A t the request of any other committee of either House or any joint committee of the Congress, personnel of the Office may be assigned, on a temporary basis, to assist such committee or joint committee with respect to matters directly related to the applicable provisions of subsection (b) or (c). (e) TRANSFER OF FUNCTIONS OF J O I N T COMMITTEE ON REDUCTION OF P^EDERAL EXPENDITURES.— (1) The duties, functions, and personnel of the Joint Commit- tee on Reduction of Federal Expenditures are transferred to the Office, and the Joint Committee is abolished. Repeal. 31 u s e 571 (2) Section 601 of the Revenue Act of 1941 (55 Stat. 726) is repealed. (f) REPORTS TO BUDGET COMMITTEES.— (1) On or before April 1 of each year, the Director shall sub- mit to the Committees on the Budget of the House of Representa- tives and the Senate a report, for the fiscal year commencing on October 1 of that year, with respect to fiscal policy, including (A) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits), and (B) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year. Such report shall also include a discussion of national budget priorities, including alternative ways of allocating
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 305 budget authority and budget outlays for such fiscal year among major programs or functional categories, taking into account how such alternative allocations will meet major national needs and affect balanced growth and development of the United States. (2) The Director shall from time to time submit t o the Com- ^ut^^'J^f^^^dg^rt mittees on the Budget of the House of Representatives and the committees. Senate such further reports (including reports revising the report required by paragraph (1)) as may be necessary or appro- priate to provide such Committees with information, data, and analyses for the performance of their duties and functions, (g) U S E OF COMPUTERS AND OTHER TECHNIQUES.—The Director may equip the Office with up-to-date computer capability (upon approval of the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate), obtain the services of experts and consultants in computer Experts and technology, and develop techniques for the evaluation of budgetary requirements. P U B L I C ACCESS TO BUDGET DATA SEC. 203, (a) RIGHT To COPY.—Except as provided in subsections ^ use 603. (c) and ( d ) , the Director shall make all information, data, estimates, and statistics obtained under sections 201(d) and 201(e) available for public copying during normal business hours, subject to reasonable rules and regulations, and shall to the extent practicable, a t the request of any person, furnish a copy of any such information, data, estimates, or statistics upon payment by such person of the cost of making and furnishing such copy. (b) INDEX.—^The Director shall develop and maintain filing, coding, and indexing systems that identify the information, data, estimates, and statistics to which subsection (a) applies and shall make such systems available for public use during normal business hours. (c) EXCEPTIONS.—^Subsection (a) shall not apply to information, data, estimates, and statistics— (1) which are specifically exempted from disclosure by law; or (2) which the Director determines will disclose— (A) matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States; (B) information relating to trade secrets or financial or commercial information pertaining specifically to a given person if the information has been obtained by the Govern- ment on a confidential basis, other than through an applica- tion by such person for a specific financial or other benefit, and is required to be kept secret in order to prevent undue injury to the competitive position of such person; or (C) personnel or medical data or similar data the dis- closure of which would constitute a clearly unwarranted invasion of personal privacy; unless the portions containing such matters, information, or data have been excised. (d) INFORMATION OBTAINED FOR COMMITTEES AND MEMBERS.—Sub- section (a) shall apply to any information, data, estimates, and sta- tistics obtained at the request of any committee, joint committee, or Member unless such committee, joint committee, or Member has instructed the Director not to make such information, data, estimates, or statistics available for public copying.
306 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. TITLE III—CONGRESSIONAL BUDGET PROCESS TIMETABLE 31 use 1321. gj,(3^ 300. The timetable with respect to the congressional budget process for any fiscal year is as follows: On or before : Action to be completed : November 10 President submits current services budget. 15tli day after Congress meets— President submits his budget. Marehi 15 Committees and joint committees submit reports to Budget Committees. April 1 Congressional Budget OflBce submits report to Budget Committees. April 15 Budget Committees report first concurrent res- olution on the budget to their Houses. May 15 Committees report bills and resolutions author- izing new budget authority. May 15 Congress completes action on first concurrent resolution on the budget. 7th day after Labor Day Congress completes action on bills and resolu- tions providing new budget authority and new spending authority. September 15 Congress completes action on second required concurrent resolution on the budget. September 25 Congress completes action on reconciliation bill or resolution, or both, implementing second required concurrent resolution. October 1 Fiscal year begins. ADOPTION OF F I R S T C O N C U R R E N T RESOLUTION 31 use 1322. gj>c. 301. (a) ACTION T O B E COMPLETED BY MAY 15.—On or before May 15 of each year, the Congress shall complete action on the first concurrent resolution on the budget for the fiscal year beginning on eontents. October 1 of such year. The concurrent resolution shall set forth— (1) the appropriate level of total budget outlays and of total new budget authority; (2) an estimate of budget outlays and an appropriate level of new budget authority for each major functional category, for contingencies, and for undistributed intragovernmental transac- tions, based on allocations of the appropriate level of total budget outlays and of total new budget authority; (3) the amount, if any, of the surplus or the deficit in the budget which is appropriate in light of economic conditions and all other relevant factors; (4) the recommended level of Federal revenues and the amount, if any, by which the aggregate level of Federal revenues should be increased or decreased by bills and resolutions to be reported by the appropriate committees; (5) the appropriate level of the public debt, and the amount, if any, by which the statutory limit on the public debt should be increased or decreased by bills and resolutions to be reported by the appropriate committees; and (6) such other matters relating to the budget as may be appro- priate to carry out the purposes of this Act. (b) ADDITIONAL MATTERS I N CONCURRENT RESOLUTION.—The first concurrent resolution on the budget may also require—
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 307 (1) a procedure under which all or certain bills and resolutions providing new budget authority or providing new spending authority described in section 401(c) (2) (C) for such fiscal year shall not be enrolled until the concurrent resolution required to be reported under section 310(a) has been agreed to, and, if a recon- ciliation bill or reconciliation resolution, or both, are required to be reported under section 310(c), until Congress has completed action on that bill or resolution, or both; and (2) any other procedure which is considered appropriate to carry out the purposes of this Act. Not later than the close of the Ninety-fifth Congress, the Committee C oReport ngress, to on the Budget of each House shall report to its House on the imple- mentation of procedures described in this subsection. (c) VIEWS AND ESTIMATES OF OTHER COMMITTEES.—On or before c oSubmittal ngressional to March 15 of each year, each standing committee of the House of c o m m i t t e e s . Representatives shall submit to the Committee on the Budget of the House, each standing committee of the Senate shall submit to the Committee on the Budget of the Senate, and the Joint Economic Com- mittee and Joint Committee on Internal Revenue Taxation shall sub- mit to the Committees on the Budget of both Houses— (1) its views and estimates with respect to all matters set forth in subsection (a) which relate to matters within the respective jurisdiction or functions of such committee or joint committee; and (2) except in the case of such joint committees, the estimate of the total amounts of new budget authority, and budget outlays resulting therefrom, to be provided or authorized in all bills and resolutions within the jurisdiction of such committee which such committee intends to be effective during the fiscal year beginning on October 1 of such year. The Joint Economic Committee shall also submit to the Committees on the Budget of both Houses, its recommendations as to the fiscal policy appropriate to the goals of the Employment Act of 1946. Any n o15 te. u s e 1021 other committee of the House or Senate may submit to the Committee on the Budget of its House, and any other joint committee of the Congress may submit to the Committees on the Budget of both Houses, its views and estimates with respect to all matters set forth in sub- section (a) which relate to matters within its jurisdiction or functions. (d) HEARINGS AND REPORT.—In developing the first concurrent reso- Concurrent r e s - olution, d e v e l o p - lution on the budget referred to in subsection (a) for each fiscal year, ment. the Committee on the Budget of each House shall hold hearings and shall receive testimony from Members of Congress and such appro- priate representatives of Federal departments and agencies, the gen- eral public, and national organizations as the committee deems desirable. On or before April 15 of each year, the Committee on the Report to Budget of each House shall report to its House the first concurrent C o n g r e s s . resolution on the budget referred to in subsection (a) for the fiscal year beginning on October 1 of such year. The report accompanying such concurrent resolution shall include, but not be limited to— (1) a comparison of revenues estimated by the committee with those estimated in the budget submitted by the President; (2) a comparison of the appropriate levels of total budget out- lays and total new budget authority, as set forth in such concurrent resolution, with total budget outlays estimated and total new budget authority requested in the budget submitted by the President;
308 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. (3) with respect to each major functional category, an estimate of budget outlays and an appropriate level of new budget author- ity for all proposed programs and for all existing programs (including renewals thereof), with the estimate and level for existing programs being divided between permanent authority and funds provided in appropriation Acts, and each such division being subdivided between controllable amounts and all other amounts; (4) an allocation of the level of Federal revenues recommended in the concurrent resolution among the major sources of such revenues; (5) the economic assumptions and objectives which underlie each of the matters set forth in such concurrent resolution and alternative economic assumptions and objectives which the com- mittee considered; (6) projections, not limited to the following, for the period of five fiscal years beginning with such fiscal year of the estimated levels of total budget outlays, total new budget outlays, total new budget authority, the estimated revenues to be received, and the estimated surplus or deficit, if any, for each fiscal year in such period, and the estimated levels of tax expenditures (the t a x expenditures budget) by major functional categories; (7) a statement of any significant changes in the proposed levels of Federal assistance to State and local governments; and (8) information, data, and comparisons indicating the manner in which, and the basis on which, the committee determined each of the matters set forth in the concurrent resolution, and the rela- tionship of such matters to other budget categories. MATTERS TO BE I N C L U D E D I N J O I N T S T A T E M E N T O F M A N A G E R S ; REPORTS B Y C O M M I T T E E S 31 use 1323. ;gj,Q 302. (a) ALLOCATION OF TOTALS.—^The joint explanatory state- ment accompanying a conference report on a concurrent resolution QD. the budget shall include an estimated allocation, based upon such concurrent resolution as recommended in such conference report, of the appropriate levels of total budget outlays and total new budget authority among each committee of the House of Representatives and the Senate which has jurisdiction over bills and resolutions providing such new budget authority. Subdivisions. ^-[y-^ REPORTS BY COMMITTEES.—As soon as practicable after a con- current resolution on the budget is agreed to— (1) the Committee on Appropriations of each House shall, after consulting with the Committee on Appropriations of the other House, (A) subdivide among its subcommittees the allocation of budget outlays and new budget authority allocated to it in the joint explanatory statement accompanying the conference report on such concurrent resolution, and (B) further subdivide the amount with respect to each such subcommittee between con- trollable amounts and all other amounts; and (2) every other committee of the House and Senate to which an allocation was made in such joint explanatory statement shall, after consulting with the committee or committees of the other House to which all or part of its allocation was made, (A) sub- divide such allocation among its subcommittees or among pro- grams over which it has jurisdiction, and ( B ) further subdivide the amount with respect to each subcommittee or program between controllable amounts and all other amounts.
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 309 Each such committee shall promptly report to its House the subdivi- com°r^nees'°"^^ sions made by it pursuant to this subsection. report of sub- (c) SUBSEQUENT CONCURBENT RESOLUTIONS.—In the case of a concur- divisions. rent resolution on the budget referred to in section 304 or 310, the allocation under subsection (a) and the subdivisions under subsection (b) shall be required only to the extent necessary to take into account revisions made in the most recently agreed to concurrent resolution on the budget. F I R S T C O N C U R R E N T RESOLUTION O N T H E BUDGET M U S T BE ADOPTED BEFORE LEGISLATION PROVIDING N E W BUDGET A U T H O R I T Y , N E W S P E N D I N G A U T H O R I T Y , OR C H A N G E S I N R E V E N U E S OR P U B L I C DEBT L I M I T I S C O N - SIDERED SEC. 303. (a) I N GENERAL.—It shall not be in order in either the ^^ "^^ ^^^^• House of Representatives or the Senate to consider any bill or resolu- tion (or amendment thereto) which provides— (1) new budget authority for a fiscal year; (2) an increase or decrease in revenues to become effective during a fiscal year; (3) an increase or decrease in the public debt limit to become effective during a fiscal year; or (4) new spending authority described in section 401(c) (2) (C) to become effective during a fiscal year; until the first concurrent resolution on the budget for such year has been agreed to pursuant to section 301. (b) EXCEPTIONS.—^Subsection (a) does not apply to any bill or resolution— (1) providing new budget authority which first becomes avail- able in a fiscal year following the fiscal year to which the con- current resolution applies; or (2) increasing or decreasing revenues which first become effec- tive in a fiscal year following the fiscal year to which the con- current resolution applies. (c) WAIVER I N THE SENATE.— (1) The committee of the Senate which reports any bill or res- olution to which subsection (a) applies may at or after the time it reports such bill or resolution, report a resolution to the Senate (A) providing for the waiver of subsection (a) with respect to such bill or resolution, and ( B ) stating the reasons why the waiver is necessary. The resolution shall then be referred to the fe^ai°^"*^°" ^^' Committee on the Budget of the Senate. That committee shall report the resolution to the Senate within 10 days after the res- ^ Report to • • • *^' Senate olution is referred to it (not counting any day on which the Senate is not in session) beginning with the day following the day on which it is so referred, accompanied by that committee's rec- ommendations and reasons for such recommendations with respect to the resolution. I f the committee does not report the resolution within such 10-day period, it shall automatically be discharged from further consideration of the resolution and the resolution shall be placed on the calendar. (2) During the consideration of any such resolution, debate ^^^^^^l^' """^ shall be limited to one hour, to be equally divided between, and controlled by, the majority leader and minority leader or their designees, and the time on any debatable motion or appeal shall be limited to twenty minutes, to be equally divided between, and controlled by, the mover and the manager of the resolution. I n the event the manager of the resolution is in favor of any such motion 38-194 O - 76 - 23 Pt. 1
310 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of such resolution, allot additional time to any Senator during the con- sideration of any debatable motion or appeal. No amendment to the resolution is in order. (3) If, after the Committee on the Budget has reported (or been discharged from further consideration of) the resolution, the Senate agrees to the resolution, then subsection (a) of this section shall not apply with respect to the bill or resolution to which the resolution so agreed to applies. P E R M I S S I B L E REVISIONS OF C O N C U R R E N T RESOLUTIONS OF T H E BUDGET 31 u s e 1325. SEC. 304. At any time after the first concurrent resolution on the budget for a fiscal year has been agreed to pursuant to section 301, and before the end of such fiscal year, the two Houses may adopt a con- current resolution on the budget which revises the concurrent resolu- tion on the budget for such fiscal year most recently agreed to. PROVISIONS R E L A T I N G TO T H E CONSIDERATION OF C O N C U R R E N T RESOLUTIONS ON T H E BUDGET 31 use 1326. gj,(^ 3Q5 ^ ^ ^ PROCEDURE I N H O U S E OF REPRESENTATIVES AFTER R E P O R T OF C O M M I T T E E ; D E B A T E . — (1) When the Committee on the Budget of the House has reported any concurrent resolution on the budget, it is in order at any time after the tenth day (excluding Saturdays, Sundays, and legal holidays) following the day on which the report upon such resolution has been available to Members of the House (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the concurrent reso- lution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. Debate, time (£) General debate on any concurrent resolution on the budget limits tiori • -»- • • • in the House of Representatives shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority parties. A motion further to limit debate is not debat- able. A motion to recommit the concurrent resolution is not in order, and it is not in order to move to reconsider the vote by which the concurrent resolution is agreed to or disagreed to. (3) Consideration of any concurrent resolution on the budget by the House of Representatives shall be in the Committee of the Whole, and the resolution shall be read for amendment under the five-minute rule in accordance with the applicable provisions of rule X X I I I of the Rules of the House of Representatives. After the Committee rises and reports the resolution back to the House, the previous question shall be considered as ordered on the reso- lution and any amendments thereto to final passage without inter- vening motion; except that it shall be in order at any time prior to final passage (notwithstanding any other rule or provision of law) to adopt an amendment (or a series of amendments) chang- ing any figure or figures in the resolution as so reported to the extent necessary to achieve mathematical consistency.
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 311 (4) Debate in the House of Eepresentatives on the conference j.^f^g^/J^ ''""^ report on any concurrent resolution on the budget shall be limited to not more than 5 hours, which shall be divided equally between the majority and minority parties. A motion further to limit debate is not debatable. A motion to recommit the conference report is not in order, and it is not in order to move to reconsider the vote by which the conference report is agreed to or dis- agreed to. (5) Motions to postpone, made with respect to the consideration of any concurrent resolution on the budget, and motions to pro- ceed to the consideration of other business, shall be decided with- out debate. (6) Appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any concurrent resolution on the budget shall be decided without debate. (b) PROCEDURE I N SENATE AFTER REPORT or COMMTFTEE; DEBATE; AMENDMENTS.— (1) Debate in the Senate on any concurrent resolution on the Debate^ time budget, and all amendments thereto and debatable motions and limitation. appeals in connection therewith, shall be limited to not more than 50 hours, except that, with respect to the second required concurrent resolution referred to in section 310(a), all such debate shall be limited to not more than 15 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (2) Debate in the Senate on any amendment to a concurrent resolution on the budget shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, and debate on any amendment to an amendment, debatable motion, or appeal shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, except that in the event the manager of the concurrent resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of such con- current resolution shall be received. Such leaders, or either of them, may, from the time under their control on the passage of the concurrent resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal. (3) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instruc- tions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. (4) Notwithstanding any other rule, an amendment, or series of amendments, to a concurrent resolution on the budget proposed in the Senate shall always be in order if such amendment or series of amendments proposes to change any figure or figures then con- tained in such concurrent resolution so as to make such concurrent resolution mathematically consistent or so as to maintain such consistency-
312 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. (c) ACTION ON CONFERENCE EEPORTS I N THE SENATE.— (1) The conference report on any concurrent resolution on the budget shall be in order iii the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) follow- ing the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to. Debate, time ^2) Duriug the Consideration in the Senate of the conference report on any concurrent resolution on the budget, debate shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the confer- ence report shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report. (3) Should the conference report be defeated, debate on any T'oquest for a new conference and the appointment of conferees shall be limited to 1 hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to one-half hour, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between and controlled by the mover and the manager of the con- ference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee. (4) I n any case in which there are amendments in disagree- ment, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amend- ments shall be received. Conference re- ((J) REQUIRED ACTION BY CONFERENCE COMMITTEE. If, a t t h e e n d of congre"s?^ a o - ^^^^ (cxcludiiig Saturdays, Sundays, and legal holidays) after the conferees of both Houses have been appointed to a committee of con- ference on a concurrent resolution on the budget, the conferees are unable to reach agreement with respect to all matters in disagreement between the tAvo Houses, then the conferees shall submit to their r-esDective Houses, on the first day thereafter on which their House is in session— (1) a conference report recommending those matters on which they have agreed and reporting in disagreement those matters on which they have not agreed; or (2) a conference report in disagreement, if the matter in dis- agreement is an amendment Avhich strikes out the entire text of the concurrent resolution and inserts a substitute text. (e) CONCURRENT RESOLUTION M U S T B E CONSISTENT I N THE S E N - ATE.—It shall not be in order in the Senate to vote on the question of agreeing to— ( i ) a concurrent resolution on the budget unless the figures then contained in such resolution are mathematically consistent; or (2) a conference report on a concurrent resolution on the budget unless the figures contained in such resolution, as recommended in such conference report, are mathematically consistent.
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 313 LEGISLATION DEALING W I T H CONGRESSIONAL BUDGET M U S T BE H A N D L E D BY BUDGET C O M M I T T E E S SEC. 306. No bill or resolution, and no amendment to any bill or 31 u s e 1327. resolution, dealing with any matter which is within the jurisdiction of the Committee on the Budget of either House shall be considered in that House unless it is a bill or resolution which has been reported by the Committee on the Budget of that House (or from the considera- tion of which such committee has been discharged) or unless it is an amendment to such a bill or resolution. H O U S E C O M M I T T E E ACTION ON ALL APPROPRIATION BILLS TO BE COMPLETED BEFORE F I R S T APPROPRIATION BILL I S REPORTED SEC. 307. Prior to reporting the first regular appropriation bill for 31 u s e 1328. each fiscal year, the Committee on Appropriations of the House of Representatives shall, to the extent practicable, complete subcommit- tee markup and full committee action on all regular appropriation bills for that year and submit to the House a summary report compar- g^^'^^g^t^^^"'''' ing the committee's recommendations with the appropriate levels of House. budget outlays and new budget authority as set forth in the most recently agreed to concurrent resolution on the budget for that year. REPORTS, S U M M A R I E S , A N D P R O J E C T I O N S OF CONGRESSIONAL BUDGET ACTIONS SEC. 308. (a) REPORTS ON LEGISLATION PROVIDING N E W BUDGET ^^ "^c 1329. AUTHORITY OR TAX EXPENDITURES.—Whenever a committee of either House reports a bill or resolution to its House providing new budget authority (other than continuing appropriations) or new or increased tax expenditures for a fiscal year, the report accompanying that bill contents. or resolution shall contain a statement, prepared after consultation with the Director of the Congressional Budget Office, detailing— (1) in the case of a bill or resolution providing new budget authority— (A) how the new budget authority provided in that bill or resolution compares with the new budget authority set forth in the most recently agreed to concurrent resolution on the budget for such fiscal year and the reports submitted under section 302; (B) a projection for the period of 5 fiscal years begin- ning with such fiscal year of budget outlays, associated with the budget authority provided in that bill or resolution, in each fiscal year in such period: and (C) the new budget authority, and budget outlays result- ing therefrom, provided by that bill or resolution for finan- cial assistance to State and local governments; and (2) in the case of a bill or resolution providing new or increased tax expenditures— (A) how the new or increased tax expenditures provided in that bill or resolution will affect the levels of tax expenditures under existing law as set forth in the report accompanying the first concurrent resolution on the budget for such fiscal year, or, if a report accompanying a subsequently agreed to concurrent resolution for such year sets forth such levels, then as set forth in that report; and (B) a projection for the period of 5 fiscal years beginning with such fiscal year of the tax expenditures which will result from that bill or resolution in each fiscal year in such period.
314 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. No projection shall be required for a fiscal year under paragraph (1) (B) or ( 2 ) ( B ) if the committee determines that a projection for that fiscal year is impracticable and states in its report the reason for such impracticability. (b) UP-TO-DATE TABULATION OF CONGRESSIONAL BUDGET ACTIONS.— re ^"4°'^^'^ The Director of the Congressional Budget Office shall issue periodic reports detailing and tabulating the progress of congressional action on bills and resolutions providing new budget authority and changing Contents. reveuucs and the public debt limit for a fiscal year. Such reports shall include, but are not limited to— (1) an up-to-date tabulation comparing the new budget author- ity for such fiscal year in bills and resolutions on which Congress has completed action and estimated outlays, associated with such new budget authority, during such fiscal year to the new budget authority and estimated outlays set forth in the most recently agreed to concurrent resolution on the budget for such fiscal year and the reports submitted under section 302; (2) an up-to-date status report on all bills and resolutions pro- viding new budget authority and changing revenues and the public debt limit for such fiscal year in both Houses; (3) an up-to-date comparison of the appropriate level of reve- nues contained in the most recently agreed to concurrent resolu- tion on the budget for such fiscal year with the latest estimate of revenues for such year (including new revenues anticipated during such year under bills and resolutions on which the Con- gress has completed action); and (4) an up-to-date comparison of the appropriate level of the public debt contained in the most recently agreed to concurrent resolution on the budget for such fiscal year with the latest esti- mate of the public debt during such fiscal year. ^^p""^*' (c) FIVE-YEAR PROJECTION OF CONGRESSIONAL BUDGET ACTION,—As soon as practicable after the beginning of each fiscal year, the Director of the Congressional Budget Office shall issue a report projecting for the period of 5 fiscal years beginning with such fiscal year— (1) total new budget authority and total budget outlays for each fiscal year in such period; (2) revenues to be received and the major sources thereof, and the surplus or deficit, if any, for each fiscal year in such period; and (3) tax expenditures for each fiscal year in such period. COMPLETION OF ACTION ON BILLS PROVIDING N E W BUDGET AUTHORITY A N D CERTAIN N E W S P E N D I N G A U T H O R I T Y 31 use 133 0. gj,(j_ 309, Except as otherwise provided pursuant to this title, not later than the seventh day after Labor Day of each year, the Congress shall complete action on all bills and resolutions— (1) providing new budget authority for the fiscal year begin- ning on October 1 of such year, other than supplemental, defi- ciency, and continuing appropriation bills and resolutions, and other than the reconciliation bill for such year, if required to be reported under section 310(c) ; and (2) providing new spending authority described in section 401 (c) (2) (C) which is to become effective during such fiscal year. Paragraph (1) shall not apply to any bill or resolution if legislation authorizing the enactment of new budget authority to be provided in such bill or resolution has not been timely enacted.
88 STAT.] PUBLIC LAW 9 3 - 3 4 4 - J U L Y 12, 1974 315 SECOND REQUIRED C O N C U R R E N T RESOLUTION A N D RECONCILIATION PROCESS SEC. 310. (a) REPORTING OF CONCURRENT RESOLUTION.—The Com- 3i use 1331. mittee on the Budget of each House shall report to its House a con- current resolution on the budget which reaffirms or revises the concurrent resolution on the budget most recently agreed to with respect to the fiscal year beginning on October 1 of such year. Any such concurrent resolution on the budget shall also, to the extent neces- sary— (1) specify the total amount by which— (A) new budget authority for such fiscal year; (B) budget authority initially provided for prior fiscal years; and (C) new spending authority described in section 401 (c) (2) (C) which is to become effective during such fiscal year, contained in laws, bills, and resolutions within the jurisdiction of a committee, is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount; (2) specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount; (3) specify the amount by which the statutory limit on the public debt is to be changed and direct the committees having jurisdiction to recommend such change; or (4) specify and direct any combination of the matters described in paragraphs (1), (2), and (3). Any such concurrent resolution may be reported, and the report FiUng. accompanying it may be filed, in either House notwithstanding that that House is not in session on the day on which such concurrent resolution is reported. (b) COMPLETION or ACTION ON CONCURRENT RESOLUTION.—Not later than September 15 of each year, the Congress shall complete action on the concurrent resolution on the budget referred to in subsection (a). (c) RECONCILIATION PROCESS.—If a concurrent resolution is agreed to in accordance with subsection (a) containing directions to one or more committees to determine and recommend changes in laws, bills, or resolutions, and— (1) only one committee of the House or the Senate is directed to determine and recommend changes, that committee shall promptly make such determination and recommendations and report to its House a reconciliation bill or reconciliation resolution, or both, containing such recommendations; or (2) more than one committee of the House or the Senate is directed to determine and recommend changes, each such com- mittee so directed shall promptly make such determination and recommendations, whether such changes are to be contained in a reconciliation bill or reconciliation resolution, and submit such recommendations to the Committee on the Budget of its House, which upon receiving all such recommendations, shall report to its House a reconciliation bill or reconciliation resolution, or both, carrying out all such recommendations without any substantive revision.
316 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. Reconciliation For purposes of this subsection, a reconciliation resolution is a con- resolution. current resolution directing the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be, to make specified changes in bills and resolutions which have not been enrolled. (d) COMPLETION OF RECONCILIATION PROCESS.—Congress shall com- plete action on any reconciliation bill or reconciliation resolution reported under subsection (c) not later than September 25 of each year. (e) PROCEDURE I N THE SENATE.— (1) Except as provided in paragraph (2), the provisions of section 305 for the consideration in the Senate of concurrent reso- lutions on the budget and conference reports thereon shall also apply to the consideration in the Senate of reconciliation bills and reconciliation resolutions reported under subsection (c) and con- ference reports thereon. D e b a t e , time (2) Debate in the Senate on any reconciliation bill or resolu- limitation. tion reported under subsection (c), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. (f) CONGRESS MAY NOT ADJOURN U N T I L ACTION I S COMPLETED.—It shall not be in order in either the House of Representatives or the Senate to consider any resolution providing for the adjournment sine die of either House unless action has been completed on the concurrent resolution on the budget required to be reported under subsection (a) for the fiscal year beginning on October 1 of such year, and, if a reconciliation bill or resolution, or both, is required to be reported under subsection (c) for such fiscal year, unless the Congress has com- pleted action on that bill or resolution, or both. N E W BUDGET A U T H O R I T Y , N E W S P E N D I N G A U T H O R I T Y A N D R E V E N U E LEGISLATION M U S T BE W i T H I N APPROPRIATE LEVELS 31 u s e 1332. SEC. 311. (a) LEGISLATION SUBJECT TO P O I N T OF ORDER.—^After the Congress has completed action on the concurrent resolution on the budget required to be reported under section 310(a) for a fiscal year, and, if a reconciliation bill or resolution, or both, for such fiscal year are required to be reported under section 310(c), after that bill has been enacted into law or that resolution has been agreed to, it shall not be in order in either the House of Representatives or the Senate to consider any bill, resolution, or amendment providing additional new budget authority for such fiscal year, providing new spending author- ity described in section 401(c) (2) (C) to become effective during such fiscal year, or reducing revenues for such fiscal year, or any confer- ence report on any such bill or resolution, if— (1) the enactment of such bill or resolution as reported; (2) the adoption and enactment of such amendment; or (3) the enactment of such bill or resolution in the form recom- mended in such conference report; would cause the appropriate level of total new budget authority or total budget outlays set forth in the most recently agreed to concur- rent resolution on the budget for such fiscal year to be exceeded, or would cause revenues to be less than the appropriate level of revenues set forth in such concurrent resolution. (b) DETERMINATION OF OUTLAYS AND REVENUES.^—For purposes of subsection ( a ) , the budget outlays to be made during a fiscal year and revenues to be received during a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or the Senate, as the case may be.
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 317 T I T L E I V — A D D I T I O N A L P K O V I S I O N S TO I M P K O V E FISCAL PKOCEDURES BILLS PROVIDING NEW SPENDING AUTHORITY SEC. 401. (a) LEGISLATION PROVIDING CONTRACT OR BORROWING 31 u s e 1351. AUTHORITY.—It shall not be in order in either the House of Represent- atives or the Senate to consider any bill or resolution which provides new spending authority described in subsection ( c ) ( 2 ) ( A ) or (B) (or any amendment which provides such new spending authority), unless that bill, resolution, or amendment also provides that such new spending authority is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. (b) LEGISLATION PROVIDING ENTITLEMENT AUTHORITY.— (1) I t shall not be in order in either the House of Representa- tives or the Senate to consider any bill or resolution which pro- vides new spending authority described in subsection ( c ) ( 2 ) ( C ) (or any amendment which provides such new spending authority) which is to become effective before the first day of the fiscal year which begins during the calendar year in which such bill or res- olution is reported. (2) If any committee of the House of Representatives or the Senate reports any bill or resolution which provides new spending authority described in subsection (c) (2) (C) which is to become effective during a fiscal year and the amount of new budget author- ity which will be required for such fiscal year if such bill or resolu- tion is enacted as so reported exceeds the appropriate allocation of new budget authority reported under section 302(b) in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year, such bill or resolution shall then be Referral to Appropriations referred to the Committee on Appropriations of that House with Committee. instructions to report it, with the committee's recommendations, within 15 calendar days (not counting any day on which that House is not in session) beginning with the day following the day on which it is so referred. If the Committee on Appropriations of Discharge from either House fails to report a bill or resolution referred to it under consideration. this paragraph within such 15-day period, the committee shall automatically be discharged from further consideration of such bill or resolution and such bill or resolution shall be placed on the Placement on appropriate calendar. calendar. (3) The Committee on Appropriations of each House shall have Committee jurisdiction. jurisdiction to report any bill or resolution referred to it under paragraph (2) with an amendment which limits the total amount of new spending authority provided in such bill or resolution. (c) DEFINITIONS.— (1) For purposes of this section, the term "new spending authority" means spending authority not provided by law on the effective date of this section, including any increase in or addition to spending authority provided by law on such date. (2) For purposes of paragraph (1), the term "spending author- ity" means authority (whether temporary or permanent) — (A) to enter into contracts under which the United States is obligated to make outlays, the budget authority for which is not provided in advance by appropriation Acts ; (B) to incur indebtedness (other than indebtedness incurred under the Second Liberty Bond Act) for the repay- 31 u s e 774. ment of which the United States is liable, the budget authority for which is not provided in advance by appropriation Acts; and
318 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. (C) to make payments (including loans and grants), tlie budget authority for which is not provided for in advance by appropriation Acts, to any person or government if, under the provisions of the law containing such authority, the United States is obligated to make such payments to persons or governments who meet the requirements established by such law. Such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or govern- ment, (d) EXCEPTIONS.— (1) Subsections (a) and (b) shall not apply to new spending authority if the budget authority for outlays which will result from such new spending authority is derived— (A) from a trust fund established by the Social Security 42 u s e 1305. Act (as in effect on the date of the enactment of this A c t ) ; or (B) from any other trust fund, 90 percent or more of the receipts of which consist or will consist of amounts (trans- ferred from the general fund of the Treasury) equivalent to amounts of taxes (related to the purposes for which such outlays are or will be made) received in the Treasury under 26 u s e 1 et specified provisions of the Internal Revenue Code of 1954. seq. (2) Subsections (a) and (b) shall not apply to new spending authority which is an amendment to or extension of the State 31 u s e 1221 and Local Fiscal Assistance Act of 1972, or a continuation of note. the program of fiscal assistance to State and local governments provided by that Act, to the extent so provided in the bill or resolution providing such authority. (3) Subsections (a) and (b) shall not apply to new spending authority to the extent that— (A) the outlays resulting therefrom are made by an orga- nization which is (i) a mixed-ownership Government corpo- ration (as defined in section 201 of the Government 31 use 856. Corporation Control A c t ) , or (ii) a wholly owned Govern- 31 use 846. ment corporation (as defined in section 101 of such Act) which is specifically exempted by law from compliance with any or all of the provisions of that Act; or (B) the outlays resulting therefrom consist exclusively of the proceeds of gifts or bequests made to the United States for a specific purpose. REPORTING OF AUTHORIZING LEGISLATION 31 use 1352. gj;(._ 402. (a) REQUIRED REPORTING DATE.—Except as otherwise pro- vided in this section, it shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution which, directly or indirectly, authorizes the enactment of new budget author- ity for a fiscal year, unless that bill or resolution is reported in the House or the Senate, as the case may be, on or before May 15 preced- ing the beginning of such fiscal year. (b) EMERGENCY WAIVER I N THE HOUSE.—If the Committee on Rules of the House of Representatives determines that emergency conditions require a waiver of subsection (a) with respect to any bill or resolu- tion, such committee may report, and the House may consider and adopt, a resolution waiving the application of subsection (a) in the case of such bill or resolution.
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 319 (c) WAIVER IN THE SENATE.— (1) The committee of the Senate which repoits any bill or resolution may, at or after the time it reports such bill or resolu- tion, report a resolution to the Senate (A) providing for the waiver of subsection (a) with respect to such bill or resolution, and (B) stating the reasons why the waiver is necessary. The ^^f^^"co^° • resolution shall then be referred to the Committee on the Budget t e "e . ^^ °"™' of the Senate. That committee shall report the resolution to the Senate, within 10 days after the resolution is referred to it (not senaL"'^' *° counting any day on which the Senate is not in session) beginning with the day following the day on which it is so referred accom- panied by that committee's recommendations and reasons for such recommendations with respect to the resolution. If the committee ^ Discharge from does not report the resolution within such 10-day period, it shall """^^ automatically be discharged from further consideration of the resolution and the resolution shall be placed on the calendar. caTinda™^"* °" (2) During the consideration of any such resolution, debate Debate', time shall be limited to one hour, to be equally divided between, and limitation. controlled by, the majority leader and the minority leader or their designees, and the time on any debatable motion or appeal shall be limited to 20 minutes, to be equally divided between, and con- trolled by, the mover and the manager of the resolution. In the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shaU be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of such resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. Xo amendment to the resolution is in order. (3) If, after the Committee on the Budget has reported (or been discharged from further consideration of) the resolution, the Senate agrees to the resolution, then subsection (a) of this section shall not apply with respect to that bill or resolution referred to in the resolution. (d) CERTAIN BILLS AND RESOLUTIONS RECEIVED FROM OTHER HOUSE.—Notwithstanding the provisions of subsection (a), if under that subsection it is in order in the House of Representatives to con- sider a bill or resolution of the House, then it shall be in order to consider a companion or similar bill or resolution of the Senate; and if under that subsection it is in order in the 'Senate to consider a bill or resolution of the Senate, then it shall be in order to consider a com- panion or similar bill of the House of Representatives. (e) EXCEPTIONS.— (1) Subsection (a) shall not apply with respect to new spend- ing authority described in section 4 0 1 ( c ) ( 2 ) ( C ) . (2) Subsection (a) shall not apply with respect to new budget authority authorized in a bill or resolution for any provision of the Social Security Act if such bill or resolution also provides new spending authority described in section 401(c)(2)(C) which, under section 401(d) (1) ( A ) , is excluded from the appli- cation of section 401(b). (f) STUDY OF EXISTING SPENDING AUTHORITY AND PERMANENT APPROPRIATIONS.—^The Committees on Appropriations of the House of Representatives and the Senate shall study on a continuing basis those provisions of law, in effect on the effective date of this section, which provide spending authority or permanent budget authority. Each ^^n^ r^*'° committee shall, from time to time, report to its House its recommen- dations for terminating or modifying such provisions.
320 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. A N A L Y S I S BY CONGRESSIONAL BUDGET OFFICE 31 u s e 1353. SEC. 403. The Director of the Congressional Budget Office shall, to the extent practicable, prepare for each bill or resolution of a public character reported by any committee of the House of Representatives or the Senate (except the Committee on Appropriations of each Submittal to House), and submit to such committee— congressional commmeesT' (1) au cstimatc of the costs which would be incurred in carry- ing out such bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, together with the basis for each such estimate; and (2) a comparison of the estimate of costs described in para- graph (1) with any available estimate of costs made by such committee or by any Federal agency. The estimate and comparison so submitted shall be included in the report accompanying such bill or resolution if timely submitted to such committee before such report is filed. J U R I S D I C T I O N OF APPROPRIATIONS C O M M I T T E E S SEC. 404. (a) AMENDMENT OF HOUSE RULES.—Clause 2 of rule X I of the Rules of the House of Representatives is amended by redesignating paragraph (b) as paragraph (e) and by inserting after paragraph (a) the following new paragraphs: "(b) Rescission of appropriations contained in appropriation Acts Post. p. 322. preferred to in section 105 of title 1, United States Code). "(c) The amount of new spending authority described in section 401(c)(2) (A) and (B) of the Congressional Budget Act of 1974 which is to be effective for a fiscal year. " ( d ) New spending authority described in section 4 0 1 ( c ) ( 2 ) ( C ) of the Congressional Budget Act of 1974 provided in bills and resolu- tions referred to the committee under section 401(b) (2) of that Act (but subject to the provisions of section 401(b) (3) of that Act)." (b) AMENDMENT OF SENATE RULES.—Subparagraph (c) of para- graph 1 of rule X X V of the Standing Rules of the Senate is amended to read as follows: "(c) Committee on Appropriations, to which committee shall be referred all proposed legislation, messages, petitions, memorials, and other matters relating to the following subjects: " 1 . Except as provided in subparagraph ( r ) , appropriation of the levenue for the support of the Government. "2. Rescission of appropriations contained in appropriation Acts (referred to in section 105 of title 1, United States Code). "3. The amount of new spending authority described in section 401 (c) (2) (A) and (B) of the Congressional Budget Act of 1974 pro- vided in bills and resolutions referred to the committee under section 401(b) (2) of that Act (but subject to the provisions of section 401 (b)(3) of that A c t ) . "4. New advance spending authority described in section 401(c) (2) (C) of the Congressional Budget Act of 1974 provided in bills and resolutions referred to the committee under section 401(b) (2) of that Act (but subject to the provisions of section 401(b) (3) of that Act)."
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 321 T I T L E V—CHANGE O F F I S C A L YEAR FISCAL YEAR TO B E G I N OCTOBER 1 SEC. 501. Section 237 of the Revised Statutes (31 U.S.C. 1020) is amended to read as follows: "SEC. 237. (a) The fiscal year of the Treasury of the United States, in all matters of accounts, receipts, expenditures, estimates, and appropriations— " (1) shall, through June 30, 1976, commence on July 1 of each year and end on June 30 of the following year; and "(2) shall, beginning on October 1, 1976, commence on October 1 of each year and end on September 30 of the following year. "(b) All accounts of receipts and expenditures required by law to accounts, an- al publication. be published annually shall be prepared and published for each fiscal year as established by subsection ( a ) . " T R A N S I T I O N TO N E W FISCAL YEAR SEC. 502. (a) As soon as practicable, the President shall prepare 31 u s e 1020 note. and submit to the Congress— Budget e s t i - (1) after consultation with the Committees on Appropriations mates and pro- posed l e g i s l a t i o n , of the House of Representatives and the Senate, budget esti- submittal to mates for the United States Government for the period com- Congress. mencing July 1, 1976, and ending on September 30, 1976, in such form and detail as he may determine; and (2) proposed legislation he considers appropriate with respect to changes in law necessary to provide authorizations of appro- priations for that period. (b) The Director of the Office of Management and Budget shall provide by regulation, order, or otherwise for the orderly transition by all departments, agencies, and instrumentalities of the United States Government and the government of the District of Columbia from the use of the fiscal year in effect on the date of enactment of this Act to the use of the new fiscal year prescribed by section 237 (a) (2) of the Revised Statutes. The Director shall prepare and sub- Supra. mit to the Congress such additional proposed legislation as he con- siders necessary to accomplish this objective. (c) The Director of the Office of Management and Budget and Study. the Director of the Congressional Budget Office jointly shall conduct a study of the feasibility and advisability of submitting the Budget or portions thereof, and enacting new budget authority or portions thereof, for a fiscal year during the regular session of the Congress which begins in the year preceding the year in which such fiscal year begins. The Director of the Office of Management and Budget and Reports, sub- mittal to Con- the Director of the Congressional Budget Office each shall submit a gress. report of the results of the study conducted by them, together with his own conclusions and recommendations, to the Congress not later than 2 years after the effective date of this subsection. A C C O U N T I N G PROCEDURES SEC. 503. (a) Subsection (a) (1) of the first section of the Act entitled "An Act to simplify accounting, facilitate the payment of obligations, and for other purposes", approved July 25, 1956, as amended (31 U.S.C. 701), is amended to read as follows:
322 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. "(1) The obligated balance shall be transferred, at the time specified in subsection (b) (1) of this section, to an appropriation account of the agency or subdivision thereof responsible for the liquidation of the obligation, in which account shall be merged the amounts so transferred from all appropriation accounts for the same general purposes; and", Transfers. (b) Subsection (b) of such section is amended to read as follows: 31 u s e 701 "(b) (1) Any obligated balance referred to in subsection (a) (1) of this section shall be transferred as follows: " ( A ) for any fiscal year or years ending on or before June 30, 1976, on that June 30 which falls in the first month of June which occurs twenty-four months after the end of such fiscal year or years; and " ( B ) for the period commencing on July 1, 1976, and ending on September 30, 1976, and for any fiscal year commencing on or after October 1, 1976, on September 30 of the second fiscal year following that period or the fiscal year or years, as the case may be, for which the appropriation is available for obligation. Withdrawals. "(£) The withdrawals required by subsection (a) (2) of this section shall be made— " ( A ) for any fiscal year ending on or before June 30, 1976, not later than September 30 of the fiscal year immediately following the fiscal year in which the period of availability for obligation expires; and " ( B ) for the period commencing on July 1, 1976, and ending on September 30, 1976, and for any fiscal year commencing on or after October 1, 1976, not later than November 15 following such period or fiscal year, as the case may be, in which the period of availability for obligation expires." CONVERSION 01' AUTHORIZATIONS 01' APPROPRIATIONS 31 use 102 0a. gj,^. gQ^ ji^^y | ^ ^ providing for an authorization of appropriations commencing on July 1 of a year shall, if that year is any year after 1975, be considered as meaning October 1 of that year. Any law provid- ing for an authorization of appropriations ending on June 30 of a year shall, if that year is any year after 1976, be considered as meaning September '30 of that year. Any law providing for an authorization of appropriations for the fiscal year 1977 or any fiscal year thereafter shall be construed as referring to that fiscal year ending on Septem- ber 30 of the calendar year having the same calendar year number as the fiscal year number. REPEALS SEC. 505. The following provisions of law are repealed: (1) the ninth paragraph under the headings "Legislative Estab- lishment", "Senate", of the Deficiency Appropriation Act, fiscal year 1934 (48 Stat. 1022; 2 U.S.C. 66) ; and (2) the proviso to the second paragraph under the headings "House of Representatives", "Salaries, Mileage, and Expenses of Members", of the Legislative-Judiciary Appropriation Act, 1955 (68 Stat. 400; 2 U.S.C. 81). TECHNICAL AMENDMENT SEC. 506. (a) Section 105 of title 1, United States Code, is amended by striking out "June 30" and inserting in lieu thereof "September 30". f^u^s^c'ios^noU (^) The provisions of subsection (a) of this section shall be effective with respect to Acts making appropriations for the support of the Government for any fiscal year commencing on or after October 1,1976.
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 323 T I T L E VI—AMENDMENTS TO BUDGET AND A C C O U N T I N G ACT, 1921 MATTERS TO BE INCLUDED IN PRESIDENT'S BUDGET SEC. 601. Section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is amended by adding at the end thereof the following new subsections: " ( d ) The Budget transmitted pursuant to subsection (a) for each fiscal year shall set forth separately the items enumerated in section 301(a) ( l ) - ( 5 ) of the Congressional Budget Act of 1974. ^"'^' P- 306. "(e) The Budget transmitted pursuant to subsection (a) for each fiscal year shall set forth the levels of tax expenditures under existing law for such fiscal year (the tax expenditure budget), taking into account projected economic factors, and any changes in such existing levels based on proposals contained in such Budget, For purposes of this subsection, the terms 'tax expenditures' and 'tax expenditures budget' have the meanings given to them by section 3 ( a ) ( 3 ) of the Congressional Budget Act of 1974. ^"'e- P. 299. "(f) The Budget transmitted pursuant to subsection (a) for each fiscal year shall contain— "(1) a comparison, for the last completed fiscal year, of the total amount of outlays estimated in the Budget transmitted pur- suant to subsection (a) for each major program involving uncon- trollable or relatively uncontrollable outlays and the total amount of outlays made under each such major program during such fiscal year; "(2) a comparison, for the last completed fiscal year, of the total amount of revenues estimated in the Budget transmitted pursuant to subsection (a) and the total amount of revenues received during such year, and, with respect to each major revenue source, the amount of revenues estimated in the Budget trans- mitted pursuant to subsection (a) and the amount of revenues received during such year; and " (3) an analysis and explanation of the difference between each amount set forth pursuant to paragraphs (1) and (2) as the amount of outlays or revenues estimated in the Budget submitted under subsection (a) for such fiscal year and the corresponding amount set forth as the amount of outlays made or revenues received during such fiscal year. " ( g ) The President shall transmit to the Congress, on or before ^Zlem^nt^^^tTlns-. April 10 and July 15 of each year, a statement of all amendments to or mittai to con- revisions in the budget authority requested, the estimated outlays, and g'-ess. the estimated receipts for the ensuing fiscal year set forth in the Budget transmitted pursuant to subsection (a) (including any previ- ous amendments or revisions proposed on behalf of the executive branch) that he deems necessary and appropriate based on the most current information available. Such statement shall contain the effect of such amendments and revisions on the summary data submitted under subsection (a) and shall include such supporting detail as is practicable. The statement transmitted on or before July 15 of any year may be included in the supplemental summary required to be transmitted under subsection (b) during such year. The Budget trans- mitted to the Congress pursuant to subsection (a) for any fiscal year, or the supporting detail transmitted in connection therewith, shall include a statement of all such amendments and revisions with respect to the fiscal year in progress made before the date of transmission of such Budget.
324 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. " ( h ) The Budget transmitted pursuant to subsection (a) for each fiscal year shall include information with respect to estimates of appro- priations for the next succeeding fiscal year for grants, contracts, or other payments under any program for which there is an authoriza- tion of appropriations for such succeeding fiscal year and such appro- priations are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year in which the appropriation is to be available for obligation. "(i) The Budget transmitted pursuant to subsection (a) for each fiscal year, beginning with the fiscal year ending September 30, 1979, shall contain a presentation of budget authority, proposed budget authority, outlays, proposed outlays, and descriptive information in terms of— "(1) a detailed structure of national needs which shall be used to reference all agency missions and programs; "(2) agency missions; and •'(3) basic programs. To the extent practicable, each agency shall furnish information in support of its budget requests in accordance with its assigned missions in terms of Federal functions and subfunctions, including mission responsibilities of component organizations, and shall relate its programs to agency missions." MIDYEAR KEVIEW SEC. 602. Section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is amended by striking out "on or before June 1 of each year, beginning with 1972" and inserting in lieu thereof "on or before July 15 of each year". r i V E - Y E A R BUDGET P R O J E C T I O N S SEC. 603. Section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is amended— (1) by inserting after "ensuing fiscal year" in paragraph (5) "and projections for the four fiscal years immediately following the ensuing fiscal year"; (2) by striking out "such year" in paragraph (5) and inserting in lieu thereof "such years"; and (3) by inserting after "ensuing fiscal year" in paragraph (6) "and projections for the four fiscal years immediately following the ensuing fiscal year". ALLOWANCES FOR S U P P L E M E N T A L BUDGET A U T H O R I T Y AND UNCONTROLLABLE OUTLAYS SEC. 604. Section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is further amended— (1) by striking out "and" at the end of paragraph (11); (2) by striking out the period at the end of paragraph (12) and inserting in lieu thereof " ; and"; and ! (3) by adding at the end thereof the following new paragraph: 1 "(13) an allowance for additional estimated expenditures and '•' proposed appropriations for the ensuing fiscal year, and an allow- ance for unanticipated uncontrollable expenditures for the ensuing fiscal year."
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 325 BUDGET DATA BASED ON C O N T I N U A T I O N OF E X I S T I N G LEVEL OF SERVICES Estimated out- SEC. 605. (a) On or before November 10 of each year (beginning lays and proposed with 1975), the President shall submit to the Senate and the House of budget authority; submittal to Con- Representatives the estimated outlays and proposed budget authority gress by P r e s i - which would be included in the Budget to be submitted pursuant to dent. section 201 of the Budget and Accounting Act, 1921, for the ensuing 31 u s e 11a. Ante, p . 324. fiscal year if all programs and activities were carried on during such ensuing fiscal year at the same level as the fiscal year in progress and without policy changes in such programs and activities. The estimated outlays and proposed budget authority submitted pursuant to this section shall be shown by function and sub functions (in accordance with the classifications in the budget summary table entitled "Budget Authority and Outlays by Function and Agency"), by major programs within each such function, and by agency. Accompanying these esti- mates shall be the economic and programmatic assumptions underlying the estimated outlays and proposed budget authority, such as the rate of inflation, the rate of real economic growth, the unemployment rate, program caseloads, and pay increases. (b) The Joint Economic Committee shall review the estimated out- Evaluation, submittal to lays and proposed budget authority so submitted, and shall submit to Budget Commit- the Committees on the Budget of both Houses an economic evaluation tees. thereof on or before December 31 of each year. STUDY OF OFF-BUDGET AGENCIES SEC. 606. The Committees on the Budget of the House of Represent- 31 u s e l i b . atives and the Senate shall study on a continuing basis those pro- visions of law which exempt agencies of the Federal Government, or any of their activities or outlays, from inclusion in the Budget of the United States Government transmitted by the President under section 201 of the Budget and Accounting Act, 1921. Each committee shall, Periodic r e - ports to Congres from time to time, report to its House its recommendations for termi- nating or modifying such provisions. T E A R - A H E A D REQUESTS FOR A U T H O R I Z A T I O N OF N E W BUDGET A U T H O R I T Y SEC. 607. Notwithstanding any other provision of law, any request 31 u s e lie. for the enactment of legislation authorizing the enactment of new budget authority to continue a program or activity for a fiscal year (beginning with the fiscal year commencing October 1, 1976) shall be submitted to the Congress not later than May 15 of the year preceding the year in which such fiscal year begins. In the case of a request for the enactment of legislation authorizing the enactment of new budget authority for a new program or activity which is to continue for more than one fiscal year, such request shall be submitted for at least the first 2 fiscal years. TITLE VII—PROGRAM REVIEW AND EVALUATION REVIEW AND EVALUATION BY STANDING COMMITTEES SEC. 701. Section 136(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190d) is amended by adding at the end thereof the fol- lowing new sentences: "Such committees may carry out the required analysis, appraisal, and evaluation themselves, or by contract, or may require a Government agency to do so and furnish a report thereon to Report to 'ongress. the Congress. Such committees may rely on such techniques as pilot testing, analysis of costs in comparison with benefits, or provision for evaluation after a defined period of time."
326 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. REVIEW AND EVALUATION BY THE COMPTROLLER GENERAL SEC. 702. (a) Section 204 of the Legislative Reorganization Act of 1970 (31 U.S.C. 1154) is amended to read as follows: " R E V I E W A N D EVALUATION "SEC. 204. (a) The Comptroller General shall review and evaluate the results of Government programs and activities carried on under existing law when ordered by either House of Congress, or upon his own initiative, or when requested by any committee of the House of Representatives or the Senate, or any joint committee of the two Houses, having jurisdiction over such programs and activities. " ( b ) The Comptroller General, upon request of any committee of either House or any joint committee of the two Houses, shall— "(1) assist such committee or joint committee in developing a statement of legislative objectives and goals and methods for assessing and reporting actual program performance in relation to such legislative objectives and goals. Such statements shall include, but are not limited to, recommendations as to methods of assess- ment, information to be reported, responsibility for reporting, frequency of reports, and feasibility of pilot testing; and " (2) assist such committee or joint committee in analyzing and assessing program reviews or evaluation studies prepared by and for any Federal agency. Copies. Upon request of any Member of either House, the Comptroller Gen- eral shall furnish to such Member a copy of any statement or other material compiled in carrying out paragraphs (1) and (2) which has been released by the committee or joint committee for which it was compiled. " (c) The Comptroller General shall develop and recommend to the Congress methods for review and evaluation of Government programs and activities carried on under existing law. gra^RevliwTnd "(<!) ^^ Carrying out his responsibilities under this section, the Evaluation. Comptroller General is authorized to establish an Office of Program Establishment. Review aud Evaluation within the General Accounting Office. The Comptroller General is authorized to employ not to exceed ten experts on a permanent, temporary, or intermittent basis and to obtain serv- ices as authorized by section 3109 of title 5, United States Code, but in either case at a rate (or the daily equivalent) for individuals not to exceed that prescribed, from time to time, for level V of the Executive Schedule under section 5316 of title 5, United States Code. "(e) The Comptroller General shall include in his annual report to the Congress a review of his activities under this section, including his recommendations of methods for review and evaluation of Govern- ment programs and activities under subsection (c)." (b) Item 204 in the table of contents of such Act is amended to read as follows: "Sec. 204. Review and evaluation." CONTINUING STUDY OF ADDITIONAL BUDGET REFORM PROPOSALS 31 u s e 1303. SEC. 703. (a) The Committees on the Budget of the House of Rep- resentatives and the Senate shall study on a continuing basis proposals designed to improve and facilitate methods of congressional budget- making. The proposals to be studied shall include, but are not limited to, proposals for—
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 327 (1) improving the information base required for determining the effectiveness of new programs by such means as pilot test- ing, survey research, and other experimental and analytical techniques; (2) improving analytical and systematic evaluation of the effectivness of existing programs; (3) establishing maximum and minimum time limitations for program authorization; and (4) developing techniques of human resource accounting and other means of providing noneconomic as well as economic evaluation measures. (b) The Committee on the Budget of each House shall, from time portsPeriodic r e - to C o n g r e s s . to time, report to its House the results of the study carried on by it under subsection ( a ) , together with its recommendations. (c) Nothing in this section shall preclude studies to improve the budgetary process by any other committee of the House of Repre- sentatives or the Senate or any joint committee of the Congress. TITLE VIII—FISCAL AND BUDGETARY INFORMATION AND CONTROLS A M E N D M E N T TO LEGISLATIVE REORGANIZATION A C T O F 1 9 7 0 SEC. 801. (a) So much of title I I of the Legislative Reorganization Act of 1970 (31 U.'S.C. chapter 22) as precedes section 204 thereof is amended to read as follows: "TITLE II—FISCAL AND BUDGETARY INFORMATION A N D CONTROLS " P A R T 1-—FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA AND INFORMATION " F E D E R A L FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA A N D I N F O R M A T I O N SYSTEMS "SEC. 201. The Secretary of the Treasury and the Director of the 3i use iisi. Office of Management and Budget, in cooperation with the Comptroller General of the United States, shall develop, establish, and maintain, for use by all Federal agencies, standardized data processing and information systems for fiscal, budgetary, and program-related data and information. The development, establishment, and maintenance of such systems shall be carried out so as to meet the needs of the various branches of the Federal Government and, insofar as practica- ble, of governments at the State and local level. "STANDARDIZATION O F T E R M I N O L O G Y , D E F I N I T I O N S , CLASSIFICATIONS, AND CODES FOR FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA A N D I N F O R - MATION "SEC. 202. (a) (1) The Comptroller General of the United States, in ^i use iisa. cooperation with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the Director of the Con- gressional Budget Office, shall develop, establish, maintain, and pub- lish standard terminology, definitions, classifications, and codes for Federal fiscal, budgetary, and program-related data and information. The authority contained in this section shall include, but not be limited to, data and information pertaining to Federal fiscal policy, revenues,
328 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. receipts, expenditures, functions, programs, projects, and activities. Such standard terms, definitions, classifications, and codes shall be used by all Federal agencies in supplying to the Congress fiscal, budgetary, and program-related data and information. Report to "(2) The Comptroller General shall submit to the Congress, on or Congress. before June 30,1975, a report containing the initial standard terminol- ogy, definitions, classifications, and codes referred to in paragraph (1), and shall recommend any legislation necessary to implement them. Additional re- ports to Con- After June 30, 1975, the Comptroller General shall submit to the Con- gress; legislation gress additional reports as he may think advisable, including any recommendations. recommendations for any legislation he may deem necessary to further the development, establishment, and maintenance, modification, and executive implementation of such standard terminology, definitions, classifications, and codes. "(b) In carrying out this responsibility, the Comptroller General of the United States shall give particular consideration to the needs of the Committees on the Budget of the House and Senate, the Commit- tees on Appropriations of the House and Senate, the Committee on Ways and Means of the House, the Committee on Finance of the Senate, and the Congressional Budget Office. "(c) The Comptroller General of the United States shall conduct a continuing program to identify and specify the needs of the commit- tees and Members of the Congress for fiscal, budgetary, and program- related information to support the objectives of this part. " ( d ) The Comptroller General shall assist committees in developing their information needs, including such needs expressed in legislative requirements, and shall monitor the various recurring reporting requirements of the Congress and committees and make recommenda- tions to the Congress and committees for changes and improvements in their reporting requirements to meet congressional information needs ascertained by the Comptroller General, to enhance their use- fulness to the congressional users and to eliminate duplicative or unneeded reporting. Report to Congress. "(e) On or before September 1, 1974, and each year thereafter, the Comptroller General shall report to the Congress on needs identified and specified under subsection ( c ) ; the relationship of these needs to the existing reporting requirements; the extent to which the executive branch reporting presently meets the identified needs; the specification of changes to standard classifications needed to meet congressional needs; the activities, progress and results of his activities under sub- section (d) ; and the progress that the executive branch has made during the past year. Report to "(f) On or before March 1, 1975, and each year thereafter, the Congress. Director of the Office of Management and Budget and the Secretary of the Treasury shall report to the Congress on their plans for address- ing the needs identified and specified under subsection (c), including plans for implementing changes to classifications and codes to meet the information needs of the Congress as well as the status of prior year system and classification implementations. " A V A I L A B I L I T Y TO AND USE BY T H E CONGRESS AND STATE A N D LOCAL GOV- E R N M E N T S OF FEDERAL FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA AND INFORMATION 31 u s e 1153. "SEC. 203. (a) Upon request of any committee of either House, of any joint committee of the two Houses, of the Comptroller General, or of the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the heads of the various executive agencies shall—
88 STAT.] PUBLIC LAW 93-344-JULY 12, 1974 329 ''(1) furnish to such committee or joint committee, the Comp- troller General, or the Director of the Congressional Budget Office information as to the location and nature of available fiscal, budgetary, and program-related data and information; •'(2) to the extent practicable, prepare summary tables of such data and information and any related information deemed neces- sary by such committee or joint committee, the Comptroller Gen- eral, or the Director of the Congressional Budget Office; and "(3) furnish to such committee or joint committee, the Comp- troller General, or the Director of the Congressional Budget Office any program evaluations conducted or commissioned by any executive agency. " ( b ) The Comptroller General, in cooperation with the Director of the Congressional Budget Office, the Secretary of the Treasury, and the Director of the Office of Management and Budget, shall— •'(1) develop, establish, and maintain an up-to-date inventory and directory of sources and information systems containing fis- cal, budgetary, and program-related data and information and a brief description of their content; " (2) provide, upon request, assistance to committees, joint com- mittees, and ^Members of Congress in securing Federal fiscal, budgetary, and program-related data and information from the sources identified in such inventory and directory; and "(3) furnish, upon request, assistance to committees and joint committees of Congress and, to the extent practicable, to Members of Congress in appraising and analyzing fiscal, budgetary, and program-related data and information secured from the sources identified in such inventory and directory, ''(c) The Comptroller General and the Director of the Congres- central data sional Budget Office shall, to the extent they deem necessary, develop, mem! ^^^ °^' establish, and maintain a central file or files of the data and infor- mation required to carry out the purposes of this title. Such a file or files shall be established to meet recurring requirements of the Con- gress for fiscal, budgetary, and program-related data and information and shall include, but not be limited to, data and information pertain- ing to budget requests, congressional authorizations to obligate and spend, apportionment and reserve actions, and obligations and expend- itures. Such file or files and their indexes shall be maintained in such a manner as to facilitate their use by the committees of both Houses, joint committees, and other congressional agencies through modern data processing and communications techniques. " ( d ) The Director of the Office of Management and Budget, in sti"e°and'iocai° cooperation with the Director of the Congressional Budget Office, governments. the Comptroller General, and appropriate representatives of State and local governments, shall provide, to the extent practicable. State and local governments such fiscal, budgetary, and program-related data and information as may be necessary for the accurate and timely determination by these governments of the impact of Federal assistance upon their budgets." (b) The table of contents of the Legislative Reorganization Act of 1970 is amended by striking out— " T I T L E I I — F I S C A L CONTROLS '•PAKT 1—BUDGETARY AND F I S C A L INFORMATION AND D A T A "Sec. 201. Budgetary and fiscal d a t a processing system. "Sec. 202. Budget s t a n d a r d classifications. "Sec. 203. Availability to Congress of budgetary, fiscal, a n d related d a t a . " and inserting in lieu thereof—
330 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. "TITLE II—FISCAL AND BUDGETARY INFORMATION AND CONTROLS "PAKT 1—^FISCAL, BUDGETAEY, AND PROGRAM-RELATED DATA AND INFORMATION "Sec. 201. Federal fiscal, budgetary, and program-related data and information systems. "Sec. 202. Standardization of terminology, definitions, classifications, and codes for fiscal, budgetary, and program-related data and information. "Sec. 203. Availability to and use by the Congress and State and local govern- ments of Federal fiscal, budgetary, and program-related data and information." C H A N G E S I N F U N C T I O N A L CATEGORIES 31 u s e l i d . SEC. 802. Any change in the functional categories set forth in the Budget of the United States Government transmitted pursuant to Ante, p . 324. section 201 of the Budget and Accounting Act, 1921, shall be made only in consultation with the Committees on Appropriations and the Budget of the House of Representatives and Senate. TITLE IX—MISCELLANEOUS PROVISIONS; EFFECTIVE DATES A M E N D M E N T S TO RULES OF T H E H O U S E SEC. 901. (a) Rule X I of the Rules of the House of Representatives Ante, p. 299. ^^g amended by section 101(c) of this Act) is amended by inserting immediately after clause 22 the following new clause: "22A. The respective areas of legislative jurisdiction under this rule are modified by title I of the Congressional Budget Act of 1974." (b) Paragraph (c) of clause 29 of Rule X I of the Rules of the House of Representatives (as redesignated by section 101(c) of this Act) is amended by inserting "the Committee on the Budget," immedi- ately after "the Committee on Appropriations,". (c) Subparagraph (6) of paragraph (a) of clause 30 of Rule X I of the Rules of the House of Representatives (as so redesignated) is amended by inserting "and the Committee on the Budget" immedi- ately before the period at the end thereof. (d) Subparagraph (4) of paragraph (b) of clause 30 of Rule X I of the Rules of the House of Representatives (as so redesignated) is amended by inserting "and the Committee on the Budget" immedi- ately before the period at the end hereof. (e) Paragraph (d) of clause 30 of Rule X I of the Rules of the House of Representatives (as so redesignated) is amended by striking out "the Committee on Appropriations may appoint" and inserting in lieu thereof "the Committee on Appropriations and the Committee on the Budget may each appoint". (f) Clause 32 of Rule X I of the Rules of the House of Representa- tives (as so redesignated) is amended by inserting "the Committee on the Budget," immediately after "the Committee on Appropriations,". (g) Paragraph (a) of clause 33 of Rule X I of the Rules of the House of Representatives (as so redesignated) is amended by insert- ing "and the Committee on the Budget" immediately after "the Com- mittee on Appropriations". C O N F O R M I N G A M E N D M E N T S TO STANDING RULES OF T H E SENATE SEC. 902. Paragraph 1 of rule X X V of the Standing Rules of the Senate is amended— (1) by striking out "Revenue" in subparagraph ( h ) l and inserting in lieu thereof "Except as provided in the Congressional Budget Act of 1974, revenue";
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 331 (2) by striking out "The" in subparagraph (h)2 and inserting in lieu thereof "Except as provided in the Congressional Budget A c t o f 1974, the"; and (3) by striking out "Budget" in subparagraph (j) (1) (A) and inserting in lieu thereof "Except as provided in the Congressional Budget Act of 1974, budget". A M E N D M E N T S TO LEGISLATIVE REORGANIZATION ACT OF 1946 SEC. 903. (a) Section 134(c) of the Legislative Keorganization Act of 1946 (2 U.S.C. 190b (b)) is amended by inserting "or the Committee on the Budget" after "Appropriations". (b) Section 136(c) of such Act (2 U.S.C. 190d(c)) is amended by striking out "Committee on Appropriations of the Senate and the Committees on Appropriations," and inserting in lieu thereof "Com- mittees on Appropriations and the Budget of the Senate and the Committees on Appropriations, the Budget,". EXERCISE OF R U L E M A K I N G POWERS SEC. 904. (a) The provisions of this title (except section 905) and of _3i use uoi titles I, I I I , and I V and the provisions of sections 606, 701, 703, and n o t e . 1017 are enacted by the Congress— (1) as an exercise of the rulemaking power of the House of Eepresentatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are incon- sistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. (b) Any provision of title I I I or I V may be waived or suspended Waiver. in the Senate by a majority vote of the Members voting, a quorum 31"^Ante, pp. 30(5, being present, or by the unanimous consent of the Senate. (c) Appeals in the Senate from the decisions of the Chair relating A p p e a l s . to any provision of title I I I or I V or section 1017 shall, except as other- wise provided therein, be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolu- tion, concurrent resolution, reconciliation bill, or rescission bill, as the case may be. E F F E C T I V E DATES SEC. 905. (a) Except as provided in this section, the provisions of 31 u s e 1301 note. this Act shall take effect on the date of its enactment, (b) Title I I (except section 201 ( a ) ) , section 403, and section 502(c) shall take effect on the day on which the first Director of the Congres- sional Budget Office is appointed under section 201 ( a ) . (c) Except as provided in section 906, title I I I and section 402 shall apply with respect to the fiscal year beginning on October 1,1976, and succeeding fiscal years, and section 401 shall take effect on the first day of the second regular session of the Ninety-fourth Congress. (d) The amendments to the Budget and Accounting Act, 1921, made ^^„/^^^ ^ Ante, p. 323. by sections 601, 603, and 604 shall apply with respect to the fiscal year beginning on July 1, 1975, and succeeding fiscal years, except that sec- tion 201(g) of such Act (as added by section 601) shall apply with respect to the fiscal year beginning on October 1, 1976, and succeeding fiscal years and section 201 (i) of such Act (as added by section 601)
332 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. shall apply with respect to the fiscal year beginning on October 1,1978, and succeeding fiscal years. The amendment to such Act made by sec- tion 602 shall apply with respect to the fiscal year beginning on Octo- ber 1,1976, and succeeding fiscal years. A P P L I C A T I O N OF CONGRESSIONAL BUDGET PROCESS TO FISCAL YEAR 19 7 6 31 u s e 1322 SEC. 906. If the Committees on the Budget of the House of Eepre- note. sentatives and the Senate both agree that it is feasible to report and act on a concurrent resolution on the budget referred to in section 301 Ante, pp. 306, (a), or to apply any provision of title I I I or section 401 or 402, for the 317. fiscal year beginning on July 1,1975, and submit reports of such agree- ment to their respective Houses, then to the extent and in the manner Ante, p . 304. specified in such reports, the provisions so specified and section 202(f) shall apply with respect to such fiscal year. If any provision so specified contains a date, such reports shall also specify a substitute date. Impoundment T I T L E X — I M P O U N D M E N T CONTKOL Control Act of 1974. PART A—GENERAL PROVISIONS DISCLAIMER 31 u s e 1400. SEC. 1001. Nothing contained in this Act, or in any amendments made by this Act, shall be construed as— (1) asserting or conceding the constitutional powers or limita- tions of either the Congress or the President; (2) ratifying or approving any impoundment heretofore or hereafter executed or approved by the President or any other Federal officer or employee, except insofar as pursuant to statu- tory authorization then in effect; (3) affecting in any way the claims or defenses of any party to litigation concerning any impoundment; or (4) superseding any provision of law which requires the obliga- tion of budget authority or the making of outlays thereunder. A M E N D M E N T TO A N T I D E F I C I E N C Y ACT Contingency or SEC. 1002. Section '3679(c) (2) of the Revised Statutes, as amended savings reserves, establishment. (31 U.S.C. 665), is amended to read as follows: "(2) In apportioning any appropriation, reserves may be estab- lished solely to provide for contingencies, or to effect savings whenever savings are made possible by or through changes in requirements or greater efficiency of operations. Whenever it is determined by an officer designated in subsection (d) of this section to make apportionments and reapportionments that any amount so reserved will not be required to carry out the full objectives and scope of the appropriation con- cerned, he shall recommend the rescission of such amount in the man- ner provided in the Budget and Accounting Act, 1921, for estimates of appropriations. Except as specifically provided by particular appro- priations Acts or other laws, no reserves shall be established other than as authorized by this subsection. Reserves established pursuant to this subsection shall be reported to the Congress in accordance with the Impoundment Control Act of 1974." REPEAL OF E X I S T I N G I M P O U N D M E N T REPORTING PROVISION SEC. 1003. Section 203 of the Budget and Accounting Procedures Act 31 use 581C.1. of 1950 is repealed.
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 333 PART B—CONGRESSIONAL CONSIDERATION OF PROPOSED EESCISSIONS, EESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY DEFINITIONS SEC. 1011. F o r purposes of this part— 31 u s e 1401, (1) "deferral of budget authority" includes— (A) withholding or delaying the obligation or expenditure of budget authority (whether by establishing reserves or otherwise) provided for projects or activities; or (B) any other type of Executive action or inaction which effectively precludes the obligation or expenditure of budget authority, including authority to obligate by contract in advance of appropriations as specifically authorized by law; (2) "Comptroller General" means the Comptroller General of the United States; (3) "rescission bill" means a bill or joint resolution which only rescinds, in whole or in part, budget authority proposed to be rescinded in a special message transmitted by the President under section 1012, and upon which the Congress completes action before the end of the first period of 45 calendar days of continuous session of the Congress after the date on which the President's message is received by the Congress; (4) "impoundment resolution" means a resolution of the House of Eepresentatives or the Senate which only expresses its disap- proval of a proposed deferral of budget authority set forth in a special message transmitted by the President under section 1013; and Congressional (5) continuity of a session of the Congress shall be considered session conti- as broken only by an adjournment of the Congress sine die, and nuity. the days on which either House is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in the computation of the 45-day period referred to in para- graph (3) of this section and in section 1012, and the 25-day periods referred to in sections 1016 and 1017(b) (1). If a special message is transmitted under section 1012 during any Congress and the last session of such Congress adjourns sine die before the expiration of 45 calendar days of continuous session (or a special message is so transmitted after the last session of the Congress adjourns sine die), the message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the 45-day period referred to in paragraph (3) of this section and in section 1012 (with respect to such message) shall com- mence on the day after such first day. R E S C I S S I O N O F B U D G E T AUTHORITY SEC. 1012. (a) TRANSMITTAL OF SPECIAL MESSAGE.—Whenever the 31 u s e 1402. President determines that all or part of any budget authority will not be required to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the termination of author- ized projects or activities for which budget authority has been pro- vided), or whenever all or part of budget authority provided for only one fiscal year is to be reserved from obligation for such fiscal year, the President shall transmit to both Houses of Congress a special mes- sage specifying—
334 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. (1) the amount of budget authority which he proposes to be rescinded or which is to be so reserved; (2) any account, department, or establishment of the Govern- ment to which such budget authority is available for obligation, and the specific project or governmental functions involved; (3) the reasons why the budget authority should be rescinded or is to be so reserved; (4) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed rescission or of the reservation; and (5) all facts, circumstances, and considerations relating to or bearing upon the proposed rescission or the reservation and the decision to effect the proposed rescission or the reservation, and to the maximum extent practicable, the estimated effect of the pro- posed rescission or the reservation upon the objects, purposes, and programs for which the budget authority is provided. (b) REQUIREMENT TO MAKE AVAILABLE FOR OBLIGATION.—^Any amount of budget authority proposed to be rescinded or that is to be reserved as set forth in such special message shall be made available for obligation unless, within the prescribed 4:5-day period, the Congress has completed action on a rescission bill rescinding all or part of the amount proposed to be rescinded or that is to be reserved. DISAPPROVAL OF PROPOSED DEFERRALS OF BUDGET AUTHORITY 31 use 1403. gj,^ 1013. (a) TRANSMITTAL OF SPECIAL MESSAGE.—^Whenever the President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any officer or employee of the United States proposes to defer any budget author- ity provided for a specific purpose or project, the President shall transmit to the House of Representatives and the Senate a special mes- sage specifying— (1) the amount of the budget authority proposed to be deferred; (2) any account, department, or establishment of the Govern- ment to which such budget authority is available for obligation, and the specific projects or governmental functions involved; (3) the period of time during which the budget authority is proposed to be deferred; (4) the reasons for the proposed deferral, including any legal authority invoked by him to justify the proposed deferral; (5) to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed deferral; and (6) all facts, circumstances, and considerations relating to or bearing upon the proposed deferral and the decision to effect the proposed deferral, including an analysis of such facts, circum- stances, and considerations in terms of their application to any legal authority and specific elements of legal authority invoked by him to justify such proposed deferral, and to the maximum extent practicable, the estimated effect of the proposed deferral upon the objects, purposes, and programs for which the budget authority is provided. A special message may include one or more proposed deferrals of Time limitation, budget authority. A deferral may not be proposed for any period of time extending beyond the end of the fiscal year in which the special message proposing the deferral is transmitted to the House and the Senate.
88 STAT. ] PUBLIC LAW 93-344-JULY 12, 1974 335 (b) REQUIREMENT TO MAKE AVAILABLE FOR OBLIGATION.—Any amount of budget authority proposed to be deferred, as set forth in a special message transmitted under subsection ( a ) , shall be made avail- able for obligation if either House of Congress passes an impound- ment resolution disapproving such proposed deferral. (c) EXCEPTION.—^^The provisions of this section do not apply to any budget authority proposed to be rescinded or that is to be reserved as set forth in a special message required to be transmitted under section 1012. TRANSMISSION OF MESSAGES; PUBLICATION SEC. 1014. (a) DELIVERY TO HOUSE AND SENATE.—Each special mes- 31 u s e 1404. sage transmitted under section 1012 or 1013 shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committee of the House of Representatives and the Senate. Each such message shall be printed as a document of each „ Printing as Ij- ^ ^ House or Senate JtlOUSe. document. '(b) DELIVERY TO COMPTROLLER GENERAL.—A copy of each special copy. message transmitted under section 1012 or 1013 shall be transmitted to the Comptroller General on the same day it is transmitted to the House of Representatives and the Senate. In order to assist the Congress in the exercise of its functions under sections 1012 and 1013, the Comp- Review. troller General shall review each such message and inform the House of Representatives and the Senate as promptly as practicable with I'espect to— (1) in the case of a special message transmitted under section 1012, the facts surrounding the proposed rescission or the reserva- tion of budget authority (including the probable effects thereof); and (2) in the case of a special message transmitted under section 1013, (A) the facts surrounding each proposed deferral of budget authority (including the probable effects thereof) and (B) whether or not (or to what extent), in his judgment, such pro- posed deferral is in accordance with existing statutory authority. (c) TRANSMISSION or SUPPLEMENTARY MESSAGES.—If any informa- tion contained in a special message transmitted under section 1012 or 1013 is subsequently revised, the President shall transmit to both Houses of Congress and the Comptroller General a supplementary message stating and explaining such revision. Any such supplemen- tary message shall be delivered, referred, and printed as provided in subsection ( a ) . The Comptroller General shall promptly notify the Congress, Notification of House of Representatives and the Senate of any changes in the infor- mation submitted by him under subsection (b) which may be necessi- tated by such revision. (d) PRINTING IN FEDERAL REGISTER.—Any special message trans- mitted under section 1012 or 1013, and any supplementary message transmitted under subsection (c), shaU be printed in the first issue of the Federal Register published after such transmittal. (e) CUMULATIVE REPORTS or PROPOSED RESCISSIONS, RESERVATIONS, AND DEFERRALS OF B U D G E T A U T H O R I T Y . — (1) The President shall submit a report to the House of Repre- sentatives and the Senate, not later than the 10th day of each month during a fiscal year, listing all budget authority for that fiscal year with respect to which, as of the first day of such month—
336 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. (A) he has transmitted a special message under section 1012 with respect to a proposed rescission or a reservation; and (B) he has transmitted a special message under section 1013 proposing a deferral. Such report shall also contain, with respect to each such pro- posed rescission or deferral, or each such reservation, the infor- mation required to be submitted in the special message with respect thereto under section 1012 or 1013. Publication in (2) Each report submitted under paragraph (1) shall be Federal Register. printed in the first issue of the Federal Register published after its submission. REPORTS BY COMPTROLLER GENERAL 31 u s e 1405. SEC. 1015. (a) FAILTJRE To TRANSMIT SPECIAL MESSAGE.—If the Comptroller General finds that the President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any other officer or employee of the United States— (1) is to establish a reserve or proposes to defer budget author- ity with respect to which the President is required to transmit a special message under section 1012 or 1013; or (2) has ordered, permitted, or approved the establishment of such a reserve or a deferral of budget authority; and that the President has failed to transmit a special message with Report to respect to such reserve or deferral, the Comptroller General shall Congress. make a report on such reserve or deferral and any available informa- tion concerning it to both Houses of Congress. The provisions of this part shall apply with respect to such reserve or deferral in the same manner and with the same effect as if such report of the Comptroller General were a special message transmitted by the President under section 1012 or 1013, and, for purposes of this part, such report shall be considered a special message transmitted under section 1012 or 1013. (b) INCORRECT CLASSIFICATION or SPECIAL MESSAGE.—If the Presi- dent has transmitted a special message to both Houses of Congress in accordance with section 1012 or 1013, and the Comptroller General believes that the President so transmitted the special message in accordance with one of those sections when the special message should have been transmitted in accordance with the other of those sections, Report to the Comptroller General shall make a report to both Houses of the Congress. Congress setting forth his reasons. SUITS BY COMPTROLLER GENERAL 31 u s e 1406. SEC. 1016. 'If, under section 1012(b) or 1013(b), budget authority is required to be made available for obligation and such budget authority is not made available for obligation, the Comptroller General is hereby expressly empowered, through attorneys of his own selection, to bring a civil action in the United States District Court for the District of Columbia to require such budget authority to be made available for obligation, and such court is hereby expressly empowered to enter in such civil action, against any department, agency, officer, or employee of the United States, any decree, judgment, or order which may be necessary or appropriate to make such budget authority available for Precedence. obligation. The courts shall give precedence to civil actions brought under this section, and to appeals and writs from decisions in such
88 STAT.] PUBLIC LAW 93-344-JULY 12, 1974 337 Civil a c t i o n s ; actions, over all other civil actions, appeals, and writs. No civil action 2 5-day waiting shall be brought by the Comptroller General under this section until period. the expiration of 25 calendar days of continuous session of the Con- gress following the date on which an explanatory statement by the Statement, filing. Comptroller General of the circumstances giving rise to the action contemplated has been filed with the Speaker of the House of Eepre- sentatives and the President of the Senate. PROCEDURE I N H O U S E A N D S E N A T E SEC. 1017. (a) REFERRAL.—Any rescission bill introduced with 31 u s e 1407. respect to a special message or impoundment resolution introduced with respect to a proposed deferral of budget authority shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. (b) DISCHARGE OF COMMITTEE.— (1) If the committee to which a rescission bill or impoundment resolution has been referred has not reported it at the end of 25 calendar days of continuous session of the Congress after its intro- duction, it is in order to move either to discharge the committee from further consideration of the bill or resolution or to discharge the committee from further consideration of any other rescission bill with respect to the same special message or impoundment resolution with respect to the same proposed deferral, as the case may be, which has been referred to the committee. (2) A motion to discharge may be made only by an individual favoring the bill or resolution, may be made only if supported by one-fifth of the Members of the House involved (a quorum being present), and is highly privileged in the House and privileged in the Senate (except that it may not be made after the committee has reported a bill or resolution with respect to the same special message or the same proposed deferral, as the case may b e ) ; and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the bill or resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. A n amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (c) FLOOR CONSIDERATION I N THE H O U S E . — (1) When the committee of the House of Representatives has reported, or has been discharged from further consideration of, a rescission bill or impoundment resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the considera- tion of the bill or resolution. The motion shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate on a rescission bill or impoundment resolution shall Debate, limitation. be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable. I n the case of an impoundment resolution, no amendment to, or motion to recommit, the resolution shall be in order. I t shall not be in order to move to reconsider the vote by which a recission bill or impoundment resolution is agreed to or disagreed to.
338 PUBLIC LAW 93-344-JULY 12, 1974 [88 STAT. Postponement (3) Motions to postpone, made with respect to the considera- motions. tion of a rescission bill or impoundment resolution, and motions to proceed to the consideration of other business, shall be decided without debate. Appeals. (4) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any rescission bill or impoundment res- olution shall be decided without debate. (5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any rescission bill or impoundment resolution and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances. (d) FLOOR CONSIDERATION I N THE SENATE.— D e b a t e , time (1) Debate in the Senate on any rescission bill or impoundment limitation. resolution, and all amendments thereto (in the case of a rescission bill) and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (2) Debate in the Senate on any amendment to a rescission bill shall be limited to 2 hours, to be equally divided between, and con- trolled by, the mover and the manager of the bill. Debate on any amendment to an amendment, to such a bill, and debate on any debatable motion or appeal in connection with such a bill or an impoundment resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of a rescission bill shall be received. Such leaders, or either of them, may, from the time under their control on the passage of a rescission bill or impoundment resolution, allot addi- tional time to any Senator during the consideration of any amend- ment, debatable motion, or appeal. (3) A motion to further limit debate is not debatable. I n the case of a rescission bill, a motion to recommit (except a motion to recommit with instructions to report back within a specified num- ber of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. I n the case of an impoundment resolution, no amendment or motion to recommit is in order. Conference r e - ports. (4) The conference report on any rescission bill shall be in order in the Senate at any time after the third day (excluding Sat- urdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the con- ference report may be made even though a previous motion to the same effect has been disagreed to.
88 STAT. ] PUBLIC LAW 93-345-JULY 12, 1974 339 (5) During the consideration in the Senate of the conference .^^^^^.^' '•'"'' report on any rescission bill, debate shall be limited to 2 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. (6) Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided between, and controlled by, the manager of the conference report and the minor- ity leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instruc- tions shall be limited to 20 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. I n all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposi- tion shall be under the control of the minority leader or his designee. (7) I n any case in which there are amendments in disagree- ment, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amend- ments shall be received. Approved July 12, 1974. Public Law 93-345 AN A C T July 12,1974 To amend the Act of October 15, 1966 (80 Stat. 953, 20 U.S.C. 65a), relating to ^^-^^^y] the National Museum of the Smithsonian Institution, so as to authorize addi- tional appropriations to the Smithsonian Institution for carrying out the purposes of said Act. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That section 2 (a) (4) Smithsonian of the National Museum Act of 1966 (20 U.S.C. 65a) is amended by '"App^roprTation inserting immediately before the semicolon the following: ", with authorization. emphasis on museum conservation and the development of a national institute for museum conservation". SEC. 2. Section 2(b) of such Act is amended to read as follows: " ( b ) There are authorized to be appropriated to the Smithsonian Institution such sums as may be necessary to carry out the purposes of this A c t : Provided^ That no more than $1,000,000 shall be appropriated annually through fiscal year 1977, of which no less than $200,000 annually shall be allocated and used to carry out the purposes of section 2(a) (4) of this Act.". Approved July 12, 1974.