Full text of Congressional Budget and Impoundment Control Act of 1974

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

88 STAT. ]

PUBLIC LAW 93-344-JULY 12, 1974

297

Public Law 93-344
AN A C T
To establish a new congressional budget process; to establish Committees on the
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
United States of America in Conqress assemhled,
•^

"^
SHORT T I T L E S :

July 12,1974
[H. R . 7 1 3 0 ]

of the

'

TABLE OF CONTENTS

congressional
Budget and Impoundment Control
Act of

1974.

31 u s e 1301
SECTION 1. (a) SHORT TITLES.—^This Act may be cited as the "Congressional 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)
Sec. 1.
Sec. 2.
Sec. 3.

TABLE OF CONTENTS.—
Short t i t l e s ; table of contents.
Declaration of purposes.
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 legislation providing new budget authority, new spending authority, or
changes in revenues or public debt limit is considered.
Sec. 304. Permissible revisions of concurrent resolutions on the budget.
Sec. 305. Provisions relating to the consideration of concurrent resolutions on
the budget.
Sec. 306. 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 certain new spending authority.
Sec. 310. Second required concurrent resolution and reconciliation process.
Sec. 311. New budget authority, new spending authority, and revenue legislation
must be within appropriate levels.
T I T L E IV—ADDITIONAL P R O V I S I O N S TO IMPROVE FISCAL
PROCEDURES
Sec.
Sec.
Sec.
Sec.

401.
402.
403.
404.

Bills providing new spending authority.
Reporting of authorizing legislation.
Analyses by Congressional Budget Office.
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.
Sec.
Sec.
Sec.
Sec.
Sec,

501. Fiscal y e a r l;o begin October 1.
502. Transition to new fiscal year.
503. Accounting procedures.
504. Conversion of authorizations of appropriations.
505. Repeals.
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.
Sec.
Sec.
Sec.

601. Matters t o be included in President's budget.
602. Midyear review.
603. Five-year budget projections.
604. Allowances for supplemental budget authority a n d uncontrollable outlays.
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
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

DATES

901. Amendments to rules of t h e House.
902. Conforming amendments t o standing rules of t h e Senate.
903. Amendments to Legislative Reorganization Act of 1946.
904. Exercise of rulemaking powers.
905. Effective dates.
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1011. Definitions.
1012. Rescission of budget authority.
1013. Disapproval of proposed deferrals of budget authority.
1014. Transmission of messages; publication.
1015. Reports by Comptroller General.
1016. Suits by Comptroller General.
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 execut 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 discharging its duties.

88 STAT.]

PUBLIC LAW 93-344-JULY 12, 1974

299

DEFINITIONS

SEC. 3. (a) I N GENERAL.—For purposes of this Act—
(1) The terms "budget outlays" and "outlays" mean, with
respect to any fiscal year, expenditures and net lending of funds
under budget authority during such year.
(2) The term "budget authority" means authority provided by
law to enter into obligations which will result in immediate or
future outlays involving Government funds, except that such term
does not include authority to insure or guarantee the repayment
of indebtedness incurred by another person or government.
(3) The term "tax expenditures" means those revenue losses
attributable to provisions of the Federal tax laws which allow a
special exclusion, exemption, or deduction from gross income or
which provide a special credit, a preferential rate of tax, or a
deferral 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 congressional budget for the United States Government for a
fiscal year as provided in section 310; and
(C) any other concurrent resolution revising the congressional budget for the United States Government for a fiscal
year as described in section 304.
(5) The term "appropriation Act" means an Act referred to in
section 105 of title 1, United States Code.
(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 Representatives who are members of the Joint Committee on Atomic Energy
shall be treated as a standing committee of the House, and the Members 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
BUDGET COMMITTEES

3i use 1302.

^°«^ p- 322.

BudTeTAcTor'
'^^^•

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
Term.

Seniority rul
exception.

Committee
sessions.

Subpenas.

Duties.

PUBLIC LAW 93-344-JULY 12, 1974

[88 STAT

"(5) one Member from the leadership of the minority party.
No Member shall serve as a member of the Committee on the Budget
during more than two Congresses in any period of five successive
Congresses beginning after 1974 (disregarding for this purpose any
service performed as a member of such committee for less than a full
session in any Congress). All selections of Members to serve on the
committee shall be made without regard to seniority."
(b) Rule X of the Rules of the House of Representatives is amended
by adding at the end thereof the following new clause:
"6. For carrying out the purposes set forth in clause 5 of Rule X I ,
the Committee on the Budget or any subcommittee thereof is authorized to sit and act at such times and places within the United States,
whether the House is in session, has recessed, or has adjourned, to hold
such hearings, to require the attendance of such witnesses and the production of such books or papers or documents or vouchers by subpena
or otherwise, and to take such testimony and records, as it deems necessary. Subpenas may be issued over the signature of the chairman of
the committee or of any member of the committee designated by him;
and may be served by any person designated by such chairman or
member. The chairman of the committee, or any member thereof, may
administer oaths to witnesses."
(c) Rule 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 section 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.
" (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 expenditures, to devise methods of coordinating tax expenditures, policies,
and programs with direct budget outlays, and to report the results
of such studies to the House on a recurring basis; and
"(4) to review, on a continuing basis, the conduct by the Congressional Budget Office of its functions and duties."
BUDGET COMMITTEE OF 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 matters 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—
" ( 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 expenditures, to devise methods of coordinating tax expenditures, policies,
and programs with direct budget outlays, and to report the results
of such studies to the Senate on a recurring basis; and
" ( D ) to review, on a continuing basis, the conduct by the Congressional Budget Office of its functions and duties."
(b) The table contained in paragraph 2 of rule X X V of the Standing Rules of the Senate is amended by inserting after—
"Banking, Housing and Urban Affairs

:

Duties.

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 ) , membership on the Committee on the Budget shall not be taken into
account until that date occurring during the first session of the Ninetyfifth 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 subcommittee, as the case may be, determines by record vote of a majority of
the members of the committee or subcommittee present that the matters
to be discussed or the testimony to be taken at such portion or
portions—
(1) will disclose matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign
relations of the United States;
(2) will relate 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 enforcement agent or will disclose any information relating to the investigation or prosecution of a criminal offense that is required to be
kept secret in the interests of effective law enforcement; or
(5) will disclose information relating to the trade secrets or
financial or commercial information pertaining specifically to a
given person if—

302

2 u s e 190a-l
note.
2 u s e 190a-l,

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 benefit, and is required to be kept secret in order to prevent undue
injury to the competitive position of such person.
(e) Paragraph 7(b) of rule X X V of the Standing Rules of the
Senate and section 133A (b) of the Legislative Reorganization Act of
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 Director ; 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 Directors subsequently appointed shall expire at noon on January 3 of
each fourth year thereafter. Any individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve
only for the unexpired portion of that term. An individual serving 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 compensaand compensation of such personnel as may be necessary to carry out the duties and
tion.
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, avaiiized 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 department, agency, establishment, or regulatory agency or commission, to
utilize its services, facilities, and personnel with or without reimbursement ; 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 coordinating 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 various 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 reimbursement. 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 appropriated 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 expenditures, (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 Appropriations 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 Representatives 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 subsection ( a ) , and, to the extent practicable, such additional information 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 foregoing 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.—

Repeal.

31 u s e 571

(1) The duties, functions, and personnel of the Joint Committee on Reduction of Federal Expenditures are transferred to the
Office, and the Joint Committee is abolished.
(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 submit to the Committees on the Budget of the House of Representatives 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 appropriate 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

(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 Government on a confidential basis, other than through an application 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 disclosure 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 statistics 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.

^ use 603.

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 :
November 10
15tli day after Congress meets—
Marehi 15
April 1
April 15
May 15
May 15
7th day after Labor Day
September 15
September 25
October 1

Action to be completed :
President submits current services budget.
President submits his budget.
Committees and joint committees submit
reports to Budget Committees.
Congressional Budget OflBce submits report to
Budget Committees.
Budget Committees report first concurrent resolution on the budget to their Houses.
Committees report bills and resolutions authorizing new budget authority.
Congress completes action on first concurrent
resolution on the budget.
Congress completes action on bills and resolutions providing new budget authority and
new spending authority.
Congress completes action on second required
concurrent resolution on the budget.
Congress completes action on reconciliation bill
or resolution, or both, implementing second
required concurrent resolution.
Fiscal year begins.

ADOPTION OF F I R S T C O N C U R R E N T RESOLUTION

31 use 1322.
eontents.

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
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 transactions, 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 appropriate 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 reconciliation 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.
to
Not later than the close of the Ninety-fifth Congress, the Committee C oReport
ngress,
on the Budget of each House shall report to its House on the implementation of procedures described in this subsection.
to
(c) VIEWS AND ESTIMATES OF OTHER COMMITTEES.—On or before c oSubmittal
ngressional
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 Committee and Joint Committee on Internal Revenue Taxation shall submit 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
u s e 1021
policy appropriate to the goals of the Employment Act of 1946. Any n o15
te.
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 subsection (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 appropriate representatives of Federal departments and agencies, the general 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 outlays 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 authority 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 committee 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 relationship 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.

Subdivisions.

;gj,Q 302. (a) ALLOCATION OF TOTALS.—^The joint explanatory statement 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.
^-[y-^ REPORTS BY COMMITTEES.—As soon as practicable after a concurrent 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 controllable 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) subdivide such allocation among its subcommittees or among programs 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 resolution (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 available in a fiscal year following the fiscal year to which the concurrent resolution applies; or
(2) increasing or decreasing revenues which first become effective in a fiscal year following the fiscal year to which the concurrent resolution applies.
(c)

WAIVER I N THE SENATE.—

(1) The committee of the Senate which reports any bill or resolution 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 recommendations 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 consideration 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 concurrent resolution on the budget which revises the concurrent resolution 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.

Debate, time
limits tiori

gj,(^ 3Q5 ^ ^ ^ PROCEDURE I N H O U S E
R E P O R T OF C O M M I T T E E ; D E B A T E . —

OF REPRESENTATIVES

AFTER

(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 resolution. 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.
(£) General debate on any concurrent resolution on the budget
•

-»-

•

•

•

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 debatable. 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 resolution and any amendments thereto to final passage without intervening 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) changing 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 disagreed to.
(5) Motions to postpone, made with respect to the consideration
of any concurrent resolution on the budget, and motions to proceed to the consideration of other business, shall be decided without 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
budget, and all amendments thereto and debatable motions and
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 concurrent 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 instructions 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 contained in such concurrent resolution so as to make such concurrent
resolution mathematically consistent or so as to maintain such
consistency-

Debate^ time
limitation.

312

PUBLIC LAW 93-344-JULY 12, 1974
(c)

Debate, time

Conference re-

[88 STAT.

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) 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 conference report may be made even though a
previous motion to the same effect has been disagreed to.
^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 conference 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 conference 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 disagreement, 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 amendments shall be received.
((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 conference 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 disagreement 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
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 consideration of which such committee has been discharged) or unless it is an
amendment to such a bill or resolution.

31 u s e 1327.

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
31 u s e 1328.
SEC. 307. Prior to reporting the first regular appropriation bill for
each fiscal year, the Committee on Appropriations of the House of
Representatives shall, to the extent practicable, complete subcommittee 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
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
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 beginning 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 resulting therefrom, provided by that bill or resolution for financial 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.

^^ "^c 1329.

contents.

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)

re ^"4°'^^'^
Contents.

^^p""^*'

UP-TO-DATE TABULATION OF CONGRESSIONAL BUDGET ACTIONS.—

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
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 authority 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 providing 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 revenues contained in the most recently agreed to concurrent resolution 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 Congress 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 estimate of the public debt during such fiscal year.
(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

31 use 133 0.

OF ACTION ON BILLS PROVIDING N E W BUDGET
A N D CERTAIN N E W S P E N D I N G A U T H O R I T Y

AUTHORITY

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 beginning on October 1 of such year, other than supplemental, deficiency, 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

SECOND REQUIRED C O N C U R R E N T RESOLUTION A N D
PROCESS

SEC. 310.

(a)

315

RECONCILIATION

REPORTING OF CONCURRENT RESOLUTION.—The Com-

mittee on the Budget of each House shall report to its House a concurrent 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 necessary—
(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
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 committee 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.

3i use 1331.

FiUng.

PUBLIC LAW 93-344-JULY 12, 1974

316
Reconciliation
resolution.

For purposes of this subsection, a reconciliation resolution is a concurrent 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 complete action on any reconciliation bill or reconciliation resolution
reported under subsection (c) not later than September 25 of each
year.
(e)

D e b a t e , time
limitation.

[88 STAT.

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 resolutions 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 conference reports thereon.
(2) Debate in the Senate on any reconciliation bill or resolution 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 completed 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 authority described in section 401(c) (2) (C) to become effective during such
fiscal year, or reducing revenues for such fiscal year, or any conference 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 recommended 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 concurrent 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.

PUBLIC LAW 93-344-JULY 12, 1974

88 STAT. ]

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 Representatives 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 Representatives or the Senate to consider any bill or resolution which provides 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 resolution 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 authority which will be required for such fiscal year if such bill or resolution 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
referred to the Committee on Appropriations of that House with
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
either House fails to report a bill or resolution referred to it under
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
appropriate calendar.
(3) The Committee on Appropriations of each House shall have
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)

Referral to
Appropriations
Committee.

Discharge from
consideration.

Placement on
calendar.
Committee
jurisdiction.

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 authority" 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 repayment of which the United States is liable, the budget authority
for which is not provided in advance by appropriation Acts;
and

31 u s e 774.

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 government,
(d)

42 u s e 1305.

26 u s e 1 et
seq.
31 u s e 1221
note.

31 use 856.
31 use 846.

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
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 (transferred 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
specified provisions of the Internal Revenue Code of 1954.
(2) Subsections (a) and (b) shall not apply to new spending
authority which is an amendment to or extension of the State
and Local Fiscal Assistance Act of 1972, or a continuation of
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 organization which is (i) a mixed-ownership Government corporation (as defined in section 201 of the Government
Corporation Control A c t ) , or (ii) a wholly owned Government 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 provided 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 authority 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 preceding 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 resolution, 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 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 ^^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 accompanied 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 controlled 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 consider 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 companion or similar bill of the House of Representatives.
(e)

EXCEPTIONS.—

(1) Subsection (a) shall not apply with respect to new spending 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 application 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 recommendations 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.

Submittal to
congressional

commmeesT'

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
House), and submit to such committee—
(1) au cstimatc of the costs which would be incurred in carrying 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 paragraph (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

Post. p. 322.

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
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 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)."
(b) AMENDMENT OF SENATE RULES.—Subparagraph (c) of paragraph 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 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 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. ]

321

PUBLIC LAW 93-344-JULY 12, 1974
T I T L E V—CHANGE O F F I S C A L
FISCAL YEAR TO B E G I N OCTOBER

YEAR
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
be published annually shall be prepared and published for each fiscal
year as established by subsection ( a ) . "

accounts, anal publication.

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
and submit to the Congress—
(1) after consultation with the Committees on Appropriations
of the House of Representatives and the Senate, budget estimates for the United States Government for the period commencing 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 appropriations 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 submit to the Congress such additional proposed legislation as he considers necessary to accomplish this objective.
(c) The Director of the Office of Management and Budget and
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
the Director of the Congressional Budget Office each shall submit a
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:

31 u s e 1020
note.
Budget e s t i mates and proposed l e g i s l a t i o n ,
submittal to
Congress.

Supra.

Study.

Reports, submittal to Congress.

322

Transfers.
31 u s e 701

Withdrawals.

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",
(b) Subsection (b) of such section is amended to read as follows:
"(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.
"(£) 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 providing 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 September 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 Establishment", "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 pursuant to subsection (a) for each major program involving uncontrollable 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 transmitted 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 conrevisions 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 previous 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 transmitted 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 appropriations for the next succeeding fiscal year for grants, contracts, or
other payments under any program for which there is an authorization of appropriations for such succeeding fiscal year and such appropriations 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

!
1
'•'

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:
"(13) an allowance for additional estimated expenditures and
proposed appropriations for the ensuing fiscal year, and an allowance 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

SEC. 605. (a) On or before November 10 of each year (beginning
with 1975), the President shall submit to the Senate and the House of
Representatives the estimated outlays and proposed budget authority
which would be included in the Budget to be submitted pursuant to
section 201 of the Budget and Accounting Act, 1921, for the ensuing
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 estimates 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 outlays and proposed budget authority so submitted, and shall submit to
the Committees on the Budget of both Houses an economic evaluation
thereof on or before December 31 of each year.

Estimated outlays and proposed
budget authority;
submittal to Congress by P r e s i dent.
31 u s e 11a.
Ante, p . 324.

Evaluation,
submittal to
Budget Committees.

STUDY OF OFF-BUDGET AGENCIES

SEC. 606. The Committees on the Budget of the House of Representatives and the Senate shall study on a continuing basis those provisions 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,
from time to time, report to its House its recommendations for terminating or modifying such provisions.

31 u s e l i b .

Periodic r e ports to Congres

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
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.

31 u s e

lie.

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 following 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
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."

Report to
'ongress.

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

Copies.

gra^RevliwTnd
Evaluation.
Establishment.

"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 assessment, 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.
Upon request of any Member of either House, the Comptroller General 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.
"(<!) ^^ Carrying out his responsibilities under this section, the
Comptroller General is authorized to establish an Office of Program
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 services 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 Government 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 Representatives and the Senate shall study on a continuing basis proposals
designed to improve and facilitate methods of congressional budgetmaking. 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 testing, 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.
Periodic r e (b) The Committee on the Budget of each House shall, from time ports
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 Representatives or the Senate or any joint committee of the Congress.
TITLE VIII—FISCAL AND BUDGETARY
AND CONTROLS

INFORMATION

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
A N D CONTROLS

INFORMATION

" 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 practicable, 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 Congressional Budget Office, shall develop, establish, maintain, and publish 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

Report to
Congress.

Additional reports to Congress; legislation
recommendations.

Report to
Congress.

Report to
Congress.

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.
"(2) The Comptroller General shall submit to the Congress, on or
before June 30,1975, a report containing the initial standard terminology, definitions, classifications, and codes referred to in paragraph (1),
and shall recommend any legislation necessary to implement them.
After June 30, 1975, the Comptroller General shall submit to the Congress additional reports as he may think advisable, including any
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 Committees 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 committees and Members of the Congress for fiscal, budgetary, and programrelated 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 recommendations 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 usefulness to the congressional users and to eliminate duplicative or
unneeded reporting.
"(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 subsection (d) ; and the progress that the executive branch has made
during the past year.
"(f) On or before March 1, 1975, and each year thereafter, the
Director of the Office of Management and Budget and the Secretary
of the Treasury shall report to the Congress on their plans for addressing 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 GOVE 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 Comptroller 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 necessary by such committee or joint committee, the Comptroller General, or the Director of the Congressional Budget Office; and
"(3) furnish to such committee or joint committee, the Comptroller 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 fiscal, budgetary, and program-related data and information and a
brief description of their content;
" (2) provide, upon request, assistance to committees, joint committees, 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 information required to carry out the purposes of this title. Such a file or
files shall be established to meet recurring requirements of the Congress for fiscal, budgetary, and program-related data and information
and shall include, but not be limited to, data and information pertaining to budget requests, congressional authorizations to obligate and
spend, apportionment and reserve actions, and obligations and expenditures. 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 governments 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 .
Ante,

p . 324.

SEC. 802. Any change in the functional categories set forth in the
Budget of the United States Government transmitted pursuant to
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

Ante, p. 299.

SEC. 901. (a) Rule X I of the Rules of the House of Representatives
^^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," immediately 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" immediately 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" immediately 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 Representatives (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 inserting "and the Committee on the Budget" immediately after "the Committee 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 "Committees 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 inconsistent 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 otherwise provided therein, be limited to 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the resolution, 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
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 Congressional 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
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 section 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)

31 u s e 1301
note.

^^„/^^^ ^

Ante,

p. 323.

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 section 602 shall apply with respect to the fiscal year beginning on October 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
note.

Ante,
317.
Ante,

pp. 306,

p . 304.

Impoundment
Control Act of
1974.

SEC. 906. If the Committees on the Budget of the House of Eepresentatives 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
(a), or to apply any provision of title I I I or section 401 or 402, for the
fiscal year beginning on July 1,1975, and submit reports of such agreement to their respective Houses, then to the extent and in the manner
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.
T I T L E X — I M P O U N D M E N T CONTKOL
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 limitations 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 statutory 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 obligation 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

Contingency or
savings reserves,
establishment.

ACT

SEC. 1002. Section '3679(c) (2) of the Revised Statutes, as amended
(31 U.S.C. 665), is amended to read as follows:
"(2) In apportioning any appropriation, reserves may be established 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 concerned, he shall recommend the rescission of such amount in the manner provided in the Budget and Accounting Act, 1921, for estimates
of appropriations. Except as specifically provided by particular appropriations 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—
(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 disapproval of a proposed deferral of budget authority set forth in a
special message transmitted by the President under section 1013;
and
(5) continuity of a session of the Congress shall be considered
as broken only by an adjournment of the Congress sine die, and
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 paragraph (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 commence on the day after such first day.

31 u s e 1401,

Congressional
session continuity.

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

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 authorized projects or activities for which budget authority has been provided), 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 message specifying—

31 u s e 1402.

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 Government 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 proposed 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 authority provided for a specific purpose or project, the President shall
transmit to the House of Representatives and the Senate a special message specifying—
(1) the amount of the budget authority proposed to be
deferred;
(2) any account, department, or establishment of the Government 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, circumstances, 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. ]
(b)

PUBLIC LAW 93-344-JULY 12, 1974

335

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 available for obligation if either House of Congress passes an impoundment 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
31 u s e 1404.
SEC. 1014. (a) DELIVERY TO HOUSE AND SENATE.—Each special message 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
IjJtlOUSe.

^

^

House or Senate
document.

'(b) DELIVERY TO COMPTROLLER GENERAL.—A copy of each special
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 Comptroller 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 reservation 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 proposed deferral is in accordance with existing statutory authority.
(c) TRANSMISSION or SUPPLEMENTARY MESSAGES.—If any

copy.

Review.

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 supplementary 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 information submitted by him under subsection (b) which may be necessitated by such revision.
(d) PRINTING IN FEDERAL REGISTER.—Any special message transmitted 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 Representatives 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

Publication in
Federal Register.

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 proposed rescission or deferral, or each such reservation, the information required to be submitted in the special message with
respect thereto under section 1012 or 1013.
(2) Each report submitted under paragraph (1) shall be
printed in the first issue of the Federal Register published after
its submission.
REPORTS BY COMPTROLLER GENERAL

31 u s e 1405.

Report to
Congress.

Report to
Congress.

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 authority 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
respect to such reserve or deferral, the Comptroller General shall
make a report on such reserve or deferral and any available information 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 President 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,
the Comptroller General shall make a report to both Houses of the
Congress setting forth his reasons.
SUITS BY COMPTROLLER GENERAL

31 u s e 1406.

Precedence.

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
obligation. The courts shall give precedence to civil actions brought
under this section, and to appeals and writs from decisions in such

88

STAT.]

337

PUBLIC LAW 93-344-JULY 12, 1974

actions, over all other civil actions, appeals, and writs. No civil action
shall be brought by the Comptroller General under this section until
the expiration of 25 calendar days of continuous session of the Congress following the date on which an explanatory statement by the
Comptroller General of the circumstances giving rise to the action
contemplated has been filed with the Speaker of the House of Eepresentatives and the President of the Senate.

Civil a c t i o n s ;
2 5-day waiting
period.
Statement,
filing.

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
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)

31 u s e 1407.

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 introduction, 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 consideration 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
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.

Debate,
limitation.

338
Postponement
motions.

Appeals.

PUBLIC LAW 93-344-JULY 12, 1974

Conference r e ports.

STAT.

(3) Motions to postpone, made with respect to the consideration of a rescission bill or impoundment resolution, and motions
to proceed to the consideration of other business, shall be decided
without debate.
(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 resolution 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)

D e b a t e , time
limitation.

[88

FLOOR CONSIDERATION I N THE SENATE.—

(1) Debate in the Senate on any rescission bill or impoundment
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 controlled 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 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. 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 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 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.
(4) The conference report on any rescission bill shall be in
order in the Senate at any time after the third day (excluding Saturdays, 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 conference 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 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 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 instructions 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 opposition shall be under the control of the minority leader or his
designee.
(7) I n any case in which there are amendments in disagreement, 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 amendments shall be received.
Approved July 12, 1974.
Public Law 93-345
AN A C T

To amend the Act of October 15, 1966 (80 Stat. 953, 20 U.S.C. 65a), relating to
the National Museum of the Smithsonian Institution, so as to authorize additional appropriations to the Smithsonian Institution for carrying out the
purposes of said Act.

July 12,1974

^^-^^^y]

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.