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The Congressional Budget and Impoundment Control Act of 1974 (Pub.L. 93-344, 88 Stat. 297, 2 U.S.C. § 601688) is a United States federal law that governs the role of the Congress in the United States budget process.

Contents

The Congressional budget process

Titles I through IX of the law are also known as the Congressional Budget Act of 1974. Title II created the Congressional Budget Office. Title III governs the procedures by which Congress annually adopts a budget resolution, a concurrent resolution setting forth fiscal policy that is not signed by the President. The budget resolution, in turn, sets limits on revenues and spending that govern Congress through procedural objections called points of order. The budget resolution also can generate a budget reconciliation bill, which the Congress considers under expedited procedures unusual for the Senate.

The act has been amended several times, especially through provisions in the Balanced Budget and Emergency Deficit Control Act of 1985, the Budget Enforcement Act of 1990, and the Balanced Budget Act of 1997. The original 1974 legislation, however, remains the basic blueprint for budget procedures today.

The limitation on debate that prevents a budget reconciliation bill from being filibustered in the Senate (that is requiring a three-fifths vote to end debate) led to frequent attempts to attach amendments unrelated to the budget to the reconciliation bills. In response, budget reconciliation acts of 1985, 1986, and 1990 adopted what is known as the Byrd Rule (Section 313 of the Budget Act). [1] The Byrd Rule allows Senators to raise points of order (which can be waived only by a three-fifths majority of Senators) against provisions in the reconciliation bills that are "extraneous," where extraneous is defined in the rule according to one of six provisions. [2] Provisions are considered extraneous if they:

  • do not produce a change in outlays or revenues;
  • produce changes in outlays or revenue which are merely incidental to the non-budgetary components of the provision;
  • are outside the jurisdiction of the committee that submitted the title or provision for inclusion in the reconciliation measure;
  • increase outlays or decrease revenue if the provision's title, as a whole, fails to achieve the Senate reporting committee's reconciliation instructions;
  • increase net outlays or decrease revenue during a fiscal year after the years covered by the reconciliation bill unless the provision's title, as a whole, remains budget neutral; or

Since the reconciliation bill has covered as many as ten years, the fifth provision can have the effect of requiring that any tax cut or spending increase be approved by a three-fifths majority, or else the law must return to its previous state after ten years. This is responsible for the use of sunset clauses in several recent budget acts, when proposed tax cuts commanded majority support but not the necessary three-fifths majority to suspend the Byrd Rule. For example, many of the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003 will expire as soon as fiscal year 2010 if not extended. The provisions that expire include the $1000 per child tax credit, the 10% income tax bracket for low-income workers, and the deduction for state and local sales taxes paid. The expiration dates in those Acts were inserted in order to avoid Byrd Rule points of order.

Impoundment

Title X of the law, also known as the Impoundment Control Act of 1974, specifies that the President may propose to Congress that funds be rescinded. If both the Senate and the House of Representatives have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Congress is not required to vote on such a proposal and has ignored most Presidential requests. In response, some have called for a line item veto to strengthen the rescission power and force Congress to vote on the disputed funds. The Act was passed in response to Congressional feelings that President Nixon was abusing his ability to impound the funding of programs he opposed, and effectively removed the historical Presidential power of impoundment.

Further reading

  • Dauster, William G. Budget Process Law Annotated: 1993 Edition. Washington, D.C.: Government Printing Office, 1993. ISBN 0-16-041726-0
  • Frumin, Alan S. "Congressional Budget." In Riddick's Senate Procedure, 502-642. Washington, D.C.: Government Printing Office, 1992.
  • Keith, Robert. Introduction to the Federal Budget Process. Washington, D.C.: Congressional Research Service, 2008. [3]
  • U.S. Congress. House of Representatives. Committee on the Budget. Compilation of Laws and Rules Relating to the Congressional Budget Process [4]

External links

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Source material

Up to date as of January 22, 2010

From Wikisource

Public Law 93-344
by the 93rd Congress of the United States
Congressional Budget and Impoundment Control Act of 1974
Pub.L. 93−344, 88 Stat. 297, H.R. 7130, enacted July 12, 1974.
Information about this edition

Note: This is the original legislation as it was initially enacted. Like many laws, this statute may have since been amended once or many times, and the text contained herein may no longer be legally current. Follow the interlinks within the content or check to see What Links Here for more.


93RD UNITED STATES CONGRESS
2ND SESSION

An Act

To establish a new congressional budget process; to establish Committees on the Budget in each House; to establish a Congressional Budget Office; to establish a procedure providing congressional control over the impoundment of funds by the executive branch;
and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Contents

Section 1. Short Titles; Table of Contents.

(a) SHORT TITLES.—
This Act may be cited as the ``Congressional Budget and Impoundment Control Act of 1974´´. Titles I through IX may be cited as the ``Congressional Budget Act of 1974´´, and Title X may be cited as the ``Impoundment Control Act of 1974´´.
(b) TABLE OF CONTENTS.—
Sec. 1. Short Titles; Table of Contents.
Sec. 2. Declaration of Purposes.
Sec. 3. Definitions.
TITLE I — ESTABLISHMENT OF HOUSE AND SENATE BUDGET COMMITTEES
Sec. 101. Budget Committee of the House of Representatives.
Sec. 102. Budget Committee of the Senate.
TITLE II — CONGRESSIONAL BUDGET OFFICE
Sec. 201. Establishment of Office.
Sec. 202. Duties and Functions.
Sec. 203. Public Access to Budget Data.
TITLE III — CONGRESSIONAL BUDGET PROCESS
Sec. 300. Timetable.
Sec. 301. Adoption of First Concurrent Resolution.
Sec. 302. Matters to be Included in Joint Statement of Managers; Reports by Committees.
Sec. 303. First Concurrent Resolution on the Budget must be Adopted before Legislation Providing New Budget Authority, New Spending Authority, or Changes in Revenues or Public Debt Limit is Considered.
Sec. 304. Permissible Revisions of Concurrent Resolutions on the Budget.
Sec. 305. Provisions Relating to the Consideration of Concurrent Resolutions on the Budget.
Sec. 306. Legislation Dealing with Congressional Budget must be Handled by Budget Committees.
Sec. 307. House Committee Action on All Appropriation Bills to be Completed Before First Appropriation Bill is Reported.
Sec. 308. Reports, Summaries, and Projections of Congressional Budget Actions.
Sec. 309. Completion of Action on Bills Providing New Budget Authority and Certain New Spending Authority.
Sec. 310. Second Required Concurrent Resolution and Reconciliation Process.
Sec. 311. New Budget Authority, New Spending Authority, and Revenue Legislation must be Within Appropriate Levels.
TITLE IV — ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES
Sec. 401. Bills Providing New Spending Authority.
Sec. 402. Reporting of Authorizing Legislation.
Sec. 403. Analysis by Congressional Budget Office.
Sec. 404. Jurisdiction of Appropriations Committees.
TITLE V — CHANGE OF FISCAL YEAR
Sec. 501. Fiscal Year to Begin October 1.
Sec. 502. Transition to New Fiscal Year.
Sec. 503. Accounting Procedures.
Sec. 504. Conversion of Authorizations of Appropriations.
Sec. 505. Repeals.
Sec. 506. Technical Amendment.
TITLE VI — AMENDMENTS TO BUDGET AND ACCOUNTING ACT, 1921
Sec. 601. Matters to be Included in President's Budget.
Sec. 602. Midyear Review.
Sec. 603. Five-Year Budget Projections.
Sec. 604. Allowances for Supplemental Budget Authority and Uncontrollable Outlays.
Sec. 605. Budget Data Based on Continuation of Existing Level of Services.
Sec. 606. Study of Off-Budget Agencies.
Sec. 607. Year-Ahead Requests for Authorization of New Budget Authority.
TITLE VII — PROGRAM REVIEW AND EVALUATION
Sec. 701. Review and Evaluation by Standing Committees.
Sec. 702. Review and Evaluation by the Comptroller General.
Sec. 703. Continuing Study of Additional Budget Reform Proposals.
TITLE VIII — FISCAL AND BUDGETARY INFORMATION AND CONTROLS
Sec. 801. Amendment to Legislative Reorganization Act of 1970.
Sec. 802. Changes in Functional Categories.
TITLE IX — MISCELLANEOUS PROVISIONS; EFFECTIVE DATES
Sec. 901. Amendments to Rules of the House.
Sec. 902. Conforming Amendments to Standing Rules of the Senate.
Sec. 903. Amendments to Legislative Reorganization Act of 1946.
Sec. 904. Exercise of Rulemaking Powers.
Sec. 905. Effective Date.
Sec. 906. Application of Congressional Budget Process to Fiscal Year 1976.
TITLE X — IMPOUNDMENT CONTROL
Part A — General Provisions
Sec. 1001. Disclaimer.
Sec. 1002. Amendment to Antideficiency Act.
Sec. 1003. Repeal of Existing Impoundment Reporting Provision.
Part B — Congressional Consideration of Proposed Recissions, Reservations and Deferrals of Budget Authority
Sec. 1011. Definitions.
Sec. 1012. Rescission of Budget Authority.
Sec. 1013. Disapproval of Proposed Deferrals of Budget Authority.
Sec. 1014. Transmission of Messages; Publication.
Sec. 1015. Reports by Comptroller General.
Sec. 1016. Suits by Comptroller General.
Sec. 1017. Procedure in House and Senate.

Sec. 2. Declaration of Purposes.

The Congress declares that it is essential—
(1) to assure effective congressional control over the budgetary process;
(2) to provide for the congressional determination each year of the appropriate level of Federal revenues and expenditures;
(3) to provide a system of impoundment control;
(4) to establish national budget priorities; and
(5) to provide for the furnishing of information by the executive branch in a manner that will assist the Congress in discharging its duties.

Sec. 3. Definitions.

(a) IN GENERAL.—
For purposes of this Act—
(1) The terms ``budget outlays´´ and ``outlays´´ mean, with respect to any fiscal year, expenditures and net lending of funds under budget authority during such year.
(2) The term ``budget authority´´ means authority provided by law to enter into obligations which will result in immediate or future outlays involving Government funds, except that such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government.
(3) The term ``tax expenditures´´ means those revenue losses attributable to provisions of the Federal tax laws which allow a special exclusion, exemption, or deduction from gross income or which provide a special credit, a preferential rate of tax, or a deferral 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 reaffirming or revising the congressional budget for the United States Government for a fiscal year as provided in section 310; and
(C) any other concurrent resolution revising the congressional budget for the United States Government for a fiscal year as described in section 304.
(5) The term ``appropriation Act´´ means an Act referred to in section 105 of title 1, United States Code.
(b) JOINT COMMITTEE ON ATOMIC ENERGY.—
For purposes of titles II, III, and IV 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.


Approved July 12, 1974.

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Legislative History

  • HOUSE REPORTS:
    • No. 93-658 (Comm. on Rules)
    • No. 93-1101 (Comm. of Conference)
  • SENATE REPORTS:
    • No. 93-579 accompanying S. 1541 (Comm. on Government Operations)
    • No. 93-688 accompanying S. 1541 (Comm. on Rules and Administrations)
    • No. 93-924 (Comm. of Conference)
  • CONGRESSIONAL RECORD, Vol. 119 (1973):
    • Dec. 4, 5, considered and passed House.
  • CONGRESSIONAL RECORD, Vol. 120 (1974):
    • Mar. 13, 19-21, S. 1541 considered in Senate.
    • Mar. 22, considered and passed Senate, amended, in lieu of S. 1541.
    • June 18, House agreed to conference report.
    • June 21, Senate agreed to conference report.
  • WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 10 (1974):
    • July 12, Presidential statement.

See Also

Similar Acts

External Links


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