TITLE I --CONGRESSIONAL BUDGET CONTROL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000600080001-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 46
• Document Creation Date: November 17, 2016
• Document Release Date: August 14, 2000
• Sequence Number: 1
• Publication Date: December 4, 1973
• Content Type: OPEN

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December .4, 1973 - CONGRESSIONAL RECORD ?HOUSE
proceeds of the auction to pay off a like
amount of loans from the Treasury, injecting
some cash into the Treasury's coffers. The
Ex-Im Bank, along with a number of other
similar agencies, is not subject to the federal
debt ceiling. The proceeds of its borrowings
are used to finance exports from the U.S.
Yesterday's order requiring commercial
banks to deposit in Treasury accounts at the
12 Federal Reserve district banks all of the
$2.7 billion those commercial banks were
holding for the Treasury as of Nov. 30 re-
mains In force.
By excluding groups like the Bank
from normal legislative/appropriations
processes, we weaken the ability of the
Congress to control expenditures and di-
rect the Nation's economy.
In many ways this budget control bill
before the House today is only the begin-
ning of the effort to regain legislative
control over the National Government's
sprawling financial operations.
Mr. BROYHILL of North Carolina. Mr.
Chairman, today we are debating H.R.
7130, the Budget Control and Impound-
ment Act of 1973. As one of the two
House Members of the ?joint Study Com-
mittee on Budget Control who repre-
sented a legislative committee rather
than an appropriations or revenue com-
mittee, I think my perspective will be of
some help to my colleagues in our delib-
erations on this legislation.
In my more than 10 years in Congress,
I have been increasingly dismayed by
the appropriations and budgetary proc-
ess in Congress. As I am sure you are
, aware, this sense of dismay is shared by
a great majority of our colleagues. The
source of our concern lies, quite simply,
in the procedural mechanics of the ap-
propriations process. These mechanics
do make it possible to reach legislatively
wise and prudent decisions on individual
programs before Congress. But these
same mechanics make it exceedingly dif-
ficult to frame our decisions in terms of
the larger and equally important con-
text of the budget--and the direction of
the Federal Government?as a whole.
Congress through the public debt ceil-
ing limitation legislation of 1972 ma
dated the joint study committee t a
thorough study of the budget pr ess
and to recommend legislation that ould
Improve the appropriations proc s and
improve congressional control ? er the
budget. For the first few mon s of this
year, the study committee dill ently pur-
sued these goals through h arings and
formal and informal discus ons. As a re-
sult of this work, the st y committee,
under the leadership of AMIE WRITTEN
and AL ULLAIAN, intro ced H.R. 7130.
The Rules Committee/ has since spent
many hours in indiv'dual work and in
i
meeting with the mn bers of the joint
committee revising i his legislation. In
my opinion, this le 4slation not only ful-
fills the mandate given to us by our col-
leagues last Octo er but, if passed, will
represent one gf the most significant
pieces of legislation accomplished by this
or any other Congress.
I do not make this statement lightly.
One need only look at the facts to reach
that conclusion.
The Federal budget?projected at
$267 billion for fiscal year 1974?now
represents over 25 percent of the total
Income of this Nation. The economic im-
pact of the Federal budget, taken as a
whole, probably has more Impact on the
life of the individual citizen and taxpay-
er than any Program which we consider
on the floor of Congress. Yet, we make
no effort to review the total budget and
its implications for the American econ-
omy and the direction of general Gov-
ernment policy.
Since 1931, the Federal Government's
budget has been in a deficit position in
37 years?over 85 percent of the time.
In recent years, the deficit totals have
become increasingly high. In ;the last 3
years, the Federal deficit has been in-
creasing at the astronomical !lite of $2
billion a month. Very simply, America is
fast approaching, if it has not already
reached, a budget gone out cf contr
Finally, the Federal budget in te
of programs and interests funded,' as
become increasingly complex. 'N e firej in
an era which has pointed OU many
areas of need and legislative r0 onsibil-
ity in this country. Within th last dec-
ade, poverty, the environme t, energy,
have all become significan houses of
national concern. In resp se, the Fed-
eral Government under C ngrEss's direc-
tion has developed prog ins which were
intended to meet thos concerns. With-
out getting into a dis ussion of the pros
and cons of the ind yidual programs, it
is worthwhile to no that the complexity
of today's budget,it a mirror of the many
national priorit'es that America con-
fronts and int cis to solve. Yet there is
no institutioyfal arrangement in the
budget pro ss of the U.S. Congress
which wou facilitate the hard spend-
ing decisi n which we must make every
day bet een competing priorities and
progra s. This lack of an institutional
proce ure for crucial priority decisions
lend itself to a situation where the
bu?et determines Congress direction
r her than the natural and Constitu-
onal order of Congress setting the di-
ection of our national policy through
a well thought out and comprehensive
budget. In addition, the present arrange-
ment promotes the partial funding of
many programs rather than the selec-
tive and full funding of the most critical
and beneficial programs. The end result
of this is, quite frankly, a wasted taxpay-
er's dollar.
I am convinced that the Budget COn-
trol Act of 1973 is a positive and con-
structive alternative to the present situa-
tion. The other methods historically used
by Congress to create a semblance of
budget control are essentially negative or
cosmetic options. As an example, the use
of the expenditure ceiling, as pointed out
in the Senate committee report on the
1972 public debt legislation, is clearly an
unsatisfactory answer to budget control.
While it does bind the executive branch
to a specified expenditure limitation, it
does not similarly bind Congress to ap-
propriate funds consistent with that lim-
itation. Quite simply, if Congress is to
exercise its proper power in the fiscal
affairs of this country, it must be pre-
pared to assume the responsibilities in-
cumbent with that power.
In its barest terms, H.R. 7130 sharpens
the decisionma,king abilities of Congress.
11 10607
Time and time again, witne es before
the joint study committee vanced one
major thesis: these me Members of
Congress, past Memb s of Congress,
Cabinet members, a d noted academi-
cians, all strongly oted that the major
problem facing ongress in the budget
process was a rocedural problem. The
present syste operates in a half-real,
half-fantas world. Members are asked
to vote f?r against legislation on a
pieceme basis that fails to relate these
progriths and their funding levels to the
inter oven questions of budget totals,
ta s, and the economy at large. As a re-
s t, one week HEW appropriations is the
ost critical spending bill of the year,
next week it is the Department Of De-
fense and the next month, it is HUD ap-
propriations that is the center of atten-
tion. By bringing together the budget and
its complementary questions of tax reve-
nue levels and the state of the economy,
each Congressman will be in a better
position to make the fiscal and legislative
decisions that will serve the interest of
this Nation an our individual constitu-
encies.
I think that the Members of the House
are all very aware of the provisions of
H.R. 7130. However, I would caution the
House against any attempts to weaken
this legislation. If this legislation is to ef-
fectively fulfill its purpose, the budget
ceilings must have strong procedural
safeguards against the temptations of
imprudent spending. The membership of
this body expects a strong budget control
bill and will not be satisfied with less.
Changing the appropriations rules of
Congress is not a glamorous and exciting
task. But if I read the people of the 10th
District of North Carolina and all across
this country correctly, they are looking to
Congress for a better record in fiscal re-
sponsibility than they have been given
in the past. I think that those Mem-
bers of Congress who stand for fiscal re-
sponsibility, and this is a majority of
them, agree with the conclusions of their
constituencies and support the Budget
Control Act as a key reform that will
enable Congress to move forward with
the task of better, more prudent govern-
ment.
Mr. CLEVELAND. Mr. Chairman, as
an advocate of structural reforms in
Congress throughout my 11 years of
service in this body, I rise in support of
H.R. 7130. This landmark legislation will
improve our ability to perform the
responsibilities entrusted to us and to
reverse the flow of power from Congress
to the executive branch. Having observed
many of my colleagues cordially contrib-
uting to the abdication of congressional
prerogatives under previous administra-
tions, I welcome their conversion to the
cause of reasserting our constitutional
powers.
I find it difficult to exaggerate the im-
portance of this legislation. It has failed
to engage the passionate interest of the
press or the public, receiving much the
same treatment as once was accorded
the arcane subject of campaign reforms.
This may be because it is regarded as
mechanistic, procedural, with all the
breathless urgency of a changeover in
bookkeeping methods. But it also may
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10608 CONGRESSIONAl RECORD ? HOUSE
be that by its t ck record, the Congress
has done little ? encourage hopes for
reforms that t y redress power Im-
balances in our eral structure. What-
ever the reason f r the comparative lack
of attention, ge of major magnitude
is at stake here. This legislation repre-
sents an oppo ty to work funda-
mental changes the workings of our
National Clove ent and restore Con-
gress as a coequa branch as envisioned
by the framers of the Constitution.
By equipping urselves better to do
our jobs, we in C ngress will. reduce the
concentration o wer in the executive,
concentration of bitrary power in the
faceless bureauc y which constitutes
an open itavitatio to the abuses we de-
plore in Waterga e. Having singled out
the bad apples, have an opportunity
to go after some f the root causes.
LONG ADV ACT OW REFORM
This is not a ne concern on my part,
as I have Indicate.. As far back as 1966,
as chairman of e House Republican
Task Force on ongressional Reform
and Minority St , I deplored the
drift of power fr m representatives in
the Congress to e executive depart-
ments downtown. ore to the point, the
section of our force report, "We
Propose: A Mode Congress," devoted
to budgetary refo contained a num-
ber of recommen atom to deal with
problems address in this bill. They
covered the need or improved budget
Information for mbers, rescheduling
of the budget pr s, reduction of the
fixed commitments represented by back-
door spending, and the handling of pro-
grams on a functio al rather than line-
item basis.
These and othe problems are ad-
dressed in this bill, hitch is intended to
give us a compre ensive and coordi-
nated grasp of spe ding programs, not
only in relation to each other but also
as they in combin tion relate to Fed-
eral revenues, the ational debt, and a
given budget's surp or deficit. It pro-
vides a mechanism or setting priorities,
which by deflnitio means that some
things comes first ? others do not. Fur-
thermore, am de ghted that the bill
combines in one me ure the matters of
restrictions against impoundments with
Internal budget d ipline on the part
of the Congress.
PRESENT SYSTEM, AN NVITATION TO VETOES
We must end the cycle of pie-in-the-
sky authorizations a. often based on
the process of pull' g figures out of the
air, which dumps o the appropriations
subcommittees the hoice between ill-
considered spendin or confronting the
public with the sp tacle of Congress
reneging on its co itments.
Furthermore, I, f r one, am tired of
being placed in the osition of voting for
measures on their in ividual merits, only
to be contr. exited la with the need to
vote in the name of fiscal responsibility
and curbing inflati a to sustain vetoes
of those same meas res. In connection
with those votes, I h e frequently stated
that the President h , by his vetoes, in
effect been doing on job for us because
of our own lack of re traint and because
we authorize and app opriate in a piece-
meal manner.
Hopefully, by s
from the executive
the responsibility
clear parallel here
reform and war pe
seeks to fix on the C
for both action and
tary establishment
zing the power back
ranch, we are seizing
well. I see a very
etween this area of
ers legislation which
ngress responsibility
action by our mill-
response to threats
to our security. MAO this budget reform
legislation, the InOk stops here more
ways than one.
DISCIPI ItiE N.3EDED
This bill lncreare4 our powers over the
budget by giving us he same comprehen-
sive view, as enjore by the administra-
tion, and an instit at onalized mechanism
to exercise this ode sight function, over
the entire budget inithe process of fixing
national priorities aid policies. The pro-
vision of a bucigst committee in each
House to set tentative and final' budget
targets, and hence a procedure to balance
the outcome of th authorization and
appropriation pi oqess against those
levels, is an im.por 1, mechanism for
instilling internal d cipline.
As a cosponsor ofili.R. 9397, a similar
reform measure, was particularly
pleased to see tie :composition of the
ut
budget committee b oadened, as we pro-
posed in that meal e, to make the com-
mittee more represe ta dye of the House
as a whole.
The prohibition. gainst selection of
Budget Committee embers on the basis
of seniority, the limitation on members'
service on it to 4 years cut of any 10, and
vesting of the powe s of ratifying selec-
tions to the co/Duni tt e i:a the Democratic
Caucus and the Re ublican Conference
also should make f a more responsive
committee.
The requiremezit that authorization
and appropriation ures be evaluated
in terms of over.al target figures bY
functional category is constructive. Of
course, they are perlllssive, and I should
have preferred to see a rule of consist-
ency applied in the iniU adoption proc-
ess. Yet this proc edlire represents such
a large improven-.elt over the current
system that I find RI acceptable.
BACKDOOR 3P DING CURT3
Another virtue of e bill is its control
over backdoor spendi g, dealing with the
vast amounts expel". outside the nor-
mal two-step auih zution-appropria-
tion procedure. In connection, I also
welcome the anti- Peundment provi-
sion's breadth in ex -nding to all sub-
stantial deferrals of pending of avail-
able funds by the Eac utive. Earlier this
year, I was shocked to find that after
pulling and haulir g d extensive com-
promise that went i ? the Water Pol-
lution Control Act endments of 1972,
which provided by c Environmental
Protection Agency con r act authority for
waste water treaim t, the funds for
New England were ring choked off
under a so-called fi al management
device called oblig an? d goals. A hear-
ing convened by my fri nd Jfea WRIGHT,
chairman o fthe Public Works Investiga-
tions Subcommittee, enabled us to get
the funds released. Bu. I submit that
these procedures, how ver successful,
should not be necIssaryt once the Con-
gress has expresset. its it I in legislation.
When amendments ai put forth, I
ecember 4, 1973
wish to associa myself with the efforts
of CHARLIE :B , JACK KEMP, DEL
CLAWSON, and a ROBINSON to provide
for pilot testing of major expenditure
programs in exc.- of $100 million be-
fore they can b implemented nation-
wide. I also shal support their amend-
ment providing f r a 3-year limitation
on authorizations and periodic congres-
sional review of jor expenditure pro-
grams in excess o that amount.
I also support t e effort of Jona AN-
DERSON and HENR REUSS to build into
the bill recital-erne ts that adequate in-
formation on the x expenditure side
be cranked into the decisionmaking
process of budgetin
Also meriting s aport is a proposal by
Mr. ANDERSON that resolution to termi-
nate an impound t action be passed
by both the House and Senate. Finally,
I will offer eomo ow my own amend-
ment, to provide at one-third of the
staff of the ne Committee on. the
Budget be made a ailable to the minor-
ity on that conuni ee.
Mr. BOLLING. r. Chairman, we have
no further names for time.
The CHAIR All time has expired.
Pursuant to ehe e, the Clerk will now
read by titles the e immittee amendment
In the nature of a substitute printed in
the reported bill its n original bill for the
purpose of amende nt.
iseThe Clerk read a4 follows:
I Be it enacted by the Senate and House of
Pepresentatives of the United States of
America in Co-ggress assembled,
Section 1. Short title; table id contents.
,:a) SHORT Thrre.?This Act may be e,ted as
the "Budget and Impoundment Control Act
of 1973".
b} TABLE OP CONTENTS
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Rulemaking power of the House and
Sena,:e.
TITLE I?CONORESSMNAL BUDGET
CONTROL _
PART 1?B5TA5LI5HMENT OF HOUSE AND
BENATI: BUDGET CommrrrEFs
Sec 111. Budget Committee of the House of
Representatives.
PART 2--00NORESSIONAL BUDGET
Sec. 121. Adoption of tentative congressional
budget.
Sec. 122. Final determination of congres-
sional budget.
Sec. 123. Congress must adopt and imple-
ment final concurrent resolution
on the budget before adjourning.
Sec. 124. Consideration of concurrent budget
resolutions to he expedited,
3ec, 125. Legislation dealing with congres-
sional budget must be in form of
concurrent budget resolution.
126. Concurrent resolution on budget
must be adopte.d before appro-
priations, and changes ilt rev-
ent es and public debt limtt, are
made.
Sec 127. Conformance of hills with budget
resolution.
Sec 128. Projections and so ouriaries of con-
gressional budget actions.
l'ART 3?TIMETABLE ANT) PROCEDURE WITH
RESPECT TO APPROPRIATION BILLS AND
BUDGET RECONCILIATION BILL
Sec. 131. Committee action on all appropria-
tier. bills to be completed before
first appropriation bill is reported.
Sec. 132. Action on all cppropriation bills to
be completed by August 1; bills to
be held pending conformance.
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December 4, 1973 CONGRESSIONAL RECORD -HOUSE
Sec. 133. Budget reconciliation bill ?to be
reported in certain cases.
Sec. 134. Budget reconciliation bill to in-
clude tax measure in certain
eases.
PART4-IMPROVEMENT5 IN FISCAL
PROCEDURES
Sec. 141. Limitations on new budget author-
ity.
Sec. 142. Limitations on spending authority.
Sec. 143. Requirement of authorizing legisla-
tion before April 1.
Sec. 144. Jurisdiction to report legislation re-
scinding budget authority.
Sec. 145. Changes in functional-categories.
Sec. 146. Amendments to Budget and Ac-
counting Act.
PART 5-CHANGE IN FISCAL YEAR
Sec. 151. Fiscal year to commence October 1.
Sec. 152. Transition.
PART 0-TECHNICAL AND CONFORMING
AMENDMENTS
Sec. 161. Amendments to House Rules.
Sec. 162. Amendments to Legislative Reor-
ganization Act of 1946.
Sec. 163. Amendments to Legislative Reor-
ganization Act Of 19'70.
PART 7-LEGISLATIVE BUDGET OFFICE;
DIRECTOR AND STAFF
Sec. 171. Legislative Budget ' Director; staff.
Sec. 172. Power to obtain data.
Sec. 173. Projections of budget outlays.
PART 8-EFFECTIVE DATE
Sec. 181. Effective date for budget proce-
dures.
TITLE Il-IMPOUNDMENT CONTROL
Sec: 201. Transmission of special messages
by President.
Sec. 202. Disapproval of impoundments by
House or Senate.
Sec. 203. Definition of impoundment. '
Sec. 204. Congressional procedures.
Sec. 205. Reports of impoundments by
Comptroller deneral.
Sec. 206. Suits by Comptroller General to
enforce controls.
Sec. 207. Repeal of existing impoundment
reporting provision.
Sec. 208. Disclaimer.
Sec. 2. Definitions.
For purposes of this Act (and the amend-
ments made by this Act)-
(1) the term "budget outlays" means, with
respect to any fiscal year or period, expendi-
tures and net lending of funds under budget
authority during each year or period;
(2) the term "budget authority" means
authority provided by law to enter into obli-
gations which will result in immediate or
future outlays involving Government funds;
(3) the term "concurrent resolution on the
budget" means-
(A) a concurrent resolution setting forth
the tentative congressional budget for the
United States Government for a fiscal year,
as provided in section 121,
(B) a concurrent resolution reaffirming or
revising the tentative congressional budget
for the United States Government for a fiscal
year, as provided in section 122, and
(C) any other concurrent resolution reaf-
firming or revising the congressional budget
for the United States Government for a fiscal
year.
Sec. 3. Rulemaking power of the House and
Senate.
The provisions of parts 1 through 4 and 6
of title L and the provisions of section 204,
are enacted by the Congress-
(1) as an exeroise of the rulemaking power
of the House of Representatives and the Sen-
ate, respectively, and as such they shall be
considered as part of the rues of each House,
respectively, or of that House to whiCh they
specifically apply; and such rules shall su-
persede other rules only to the extent that
they are inconsistent therewith; and
(2) with full recognition of the constitu-
tional right of either House to change such
rules (so far as relating to the procedure in
such House) at any time, in the same man-
ner and to the same extent as in the case
of other rule of such House.
TLE I-CONGRESSIONAL BUDGET
CONTROL
PART 1-ESTABLISHMENT OF HOUSE' AND
SENATE BUDGET COMMITTEES
Sec. 111. Budget Committee of the House of
Representatives.
(e) Clause 1 of Rule X of the Rules of the
House of Representatives is amended by re-
designating paragraphs (e) through (u), in-
clusive, as paragraphs (f) through (v), re-
spectively, and by inserting after paragraph
(d) the following new paragraph:
"(e) Committee on the Budget, to consist
of twenty-three Members as follows:
"(1) five Members who are members of
the Committee on Appropriations;
"(2) five Members who are members a the
Committee on Ways and Means;
"(3) eleven Members who are members of
other standing committees;
"(4) one Member from the leadership of
the majority party; and
_ "(5) one Member from the leadership of
the minority party.
No member shall serve as a member of the
Committee on the Budget during more than
two Congresses in any period of five succes-
sive Congresses beginning after 1973 (dis-
regarding for this purpose any service per-
formed as a member of such committee for
less than a full session ai any Congress). All
selections of Members to serve on the com-
mittee shall be made without regard to se-
niority."
(b) Rule X of the Rules of the House of
Representatives is amended by adding at the
end thereof the following new clause:
"6. For carrying out the purposes set forth
in clause 5 of Rule XI, the Committee on
the Budget or any subcommittee thereof is
authorized to sit and act at such times and
places within the United States, whether the
House is in session, has recessed, or has ad-
journed, to hold such hearings, to require the
attendance of such witnesses and the pro-
duction of such books or papers or docu-
ments 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 commit-
tee designated by him, and may be served
by any person designated by such chairman
or member. The chairman of the committee,
or any member thereof, may administer oaths
to witnesses."
(c) Rule XI of the Rules of the House of
Representatives is amended by redesignating
clauses 5 through 33 as clauses 6 through
34, respectively, and by inserting after
clause 4 the following new clause:
"5. Committee on the budget
"(a) The establishment of an appropriate
level of total budget outlays, and an appro-
priate level of total new budget authority,
of the United States Government.
"(b) The determination of appropriate
overall level of Federal revenues, and the ap-
propriate overall level of the public debt of
the United States, to be associated with the
budget outlay level referred to in para-
graph (a).
"(c) The determination of the appropriate
level of surplus or deficit in the budget in
the light of economic conditions and such
other factors as _nay be relevant to that de-
termination.
"(d) The committee shall have the duty-
"(1) to report during each regular session
of Congress at least two concurrent resolu-
tions dealing with the matters specified in
paragraphs (a), (b), and (c), and
"(2) to make continuing studies of the
H 10609
effect on budget outlays of existing and pro-
posed legislation and to report the results
of such studies to the House on a recurring
basis."
PART 2-CONGREPSIONAL BUDGET
Sec. 121. Adoption of tentative congres-
atonal budget.
(a) ACTION TO BE COMPLETED BY MAY
On or before May 1 of each calendar year, the
Congress shall complete action on a con-
current resolution setting forth the tenta-
tive congressional budget for the United
States Government for the fiscal year begin-
ning in that calendar year.
(b) MATTERS REQUIRED TO BE SET FORTH IN
CONCURRENT RESOLUTION.-The concurrent
resolution referred to in subsection (a) shall
set forth, for the fiscal year concerned-
(1) the appropriate level of total budget
outlays and the appropriate level of total
new budget authority,
(2) the appropriate level of budget out-
lays and new budget authority allocated by
functional categories (as set out in the
United States Budget),
(3) the appropriate overall level of Federal
revenues, and the appropriate overall level
of the public debt of the United States, to be
associated with the level of budget outlays
for the fiscal year.
(4) the amount of the surplus or the
amount of the deficit in the budget which is
appropriate in the light of economic con-
ditions and such other factors as may be
relevant, and
(6) such other matters relating to the
budget as may be appropriate to carry out
the purposes of this Act.
(C) VIEWS AND RECOMMENDATIONS OF OTHER
CommirrEns.--Before March 1 of each year,
the Committees on Appropriations and Ways
and Means of the House of Representatives
shall submit their views and recommenda-
tions to the Committee on the Budget of the
House, the Committees on Appropriations
and Finance of the Senate shall submit their
views and recommendations to the Commit-
tee on the Budget of the Senate, and the
Joint Economic Committee and the Joint
Committee on Internal Revenue Taxation
shall submit their views and recommenda-
tions to the Committees on the Budget of
the House and Senate, with respect to all
matters set forth in subsection (b) which
relate to matters within the respective juris-
dictions or functions of such committees
and joint committees. Any other committee
of the House of Representatives or the Sen-
ate 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 the House
and Senate, its views and estimates with
respect to all matters set forth in subsection
(b) which relate to matters within its juris-
diction or function.
(d) HEARINGS.-
(1) In developing the concurrent resolu-
tion referred to in subsection (a) (or the
concurrent resolution referred to in section
122(a) ), the Committee on the Budget of
the House or the House or the Committee
on the Budget of the Senate shall hold hear-
ings for the purpose of considering matters
required to be set forth in such resolution.
(2) In holding hearings pursuant to para-
graph (1), the committee shall receive testi-
mony from the Secretary of the Treasury,
the Director of the Office of Management and
Budget, the Chairman of the Council of
Economic Advisers, appropriate officials of
other Federal departments and agencies, and
such representatives of national organiza-
tions which have made special studies of
Federal programs and expenditures and their
impacts as the committee may desire.
(3) Hearings pursuant to paragraph (1),
or any part thereof, may be held by the
Committee on the Budget of either House
jointly with the Committee on Appropria-
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II 10610 CONGRESSIONAL
lions of that House in accordance with such
procedures as the two committees may joint-
ly cleterraitice
(e) INIFOrMATION CONCERNING DIMIVATION
Or BUDGET its report accom-
panying a ecincurrent resolution on the budg-
et, the Committee on the Budge; of the
House or the Committee on the Budget of
the Senate shall include information and
data indicetbag the manner in which, it ar-
rived et the levels and figures set forth in
such resolution.
Sec. 122. Final determination of emigres:-
staid budget.
(a) IN qINERAL.--0B. Or befere September
15 eat% year, the Congress shall complete
action on * Concurrent resolution which re-
affirms or revises the tentative congressional
budget for the United States Government
adopted pursuant to section 121 for the fiscal
year beginning on October 1.
(b) NATURE OF FINAL,DETERDA/NATIO14.- -The
concurrent resolution described in subsection
(a) shall call for such action or actions as
may be required to establish and implement
(as provided in sections 133 and 1.34) the
appropriate level of budget outlays and new
budget authority, and the appropriate over-
all level of Federal revenues and the public
debt, for the fiscal year. Such concurrent
resolution, and any action called for by such
resolution, shell take account of the fictions
previously taken by the Congress dering the
fiscal year in enacting appropriations or
otherwise providing new budget authority.
For this purpose such concurrent resolution
may?
(1) call for the rescission or amendment
of appropriations, and direct that legis-
lation to implement such rescission or
amendment be reported by the Committees
OIL Appropriations of the House of Represen-
tatives and the Senate;
(2) call for adjustments in tax rates and
provisions relating thereto, or for adjust-
ments in the limit on the public debt, or
both, and -direct that legislation to imple-
ment such adjustments be reported by the
Committee on. Ways and Means of the House
of Representatives and the Committee on
Finance of the Senate; or
(3) call for any combination of the actions
described in paragraph ? (1) and (2)
(C) PERMISSIBLE REVISIONS.---AL any time
after the concurrent resolution described in
subsection (e) has been adopted for any
fiscal year, and before the close of such fiscal
year, the Congress may adopt a concurrent
resolution which revises the congressional
budget for the United States Government
most recently adopted, for that fiscal year;
arid the provisions of this part shall apply
with respect to any concurrent resolution
adopted phrtuant to this subsection as
though it were a concurrent resolution de-
scribed in subeect ion (a) .
Sec. 123, Congress must adopt and. imple-
ment final concurrent resolution
ort the budget before adjourning.
It shall not be in Order in either the House
of Representatives or the Senate to consider
any resolution providing for the sine die ad-
journment of any regular session of the Con-
gress unless the Congress theretofore during
such session has adopted a concurrent reso-
lution on the budget deacribed in ,sectipn 122,
and, if legislation is needed to implement
such resolute:an, has enacted such legislation.
Sec. 124. Consideration of concurrent budg-
et resolutions to be expedited.
(a) REFERENCE OF RESOLUTIONS TO COM-
Tarrizz,?All concurrent resolutions on the
budget shall be referred to the Committee on
the Budget of the House of Representatives
or the Comraittee on the Budget of the Sen-
ate, as the cage may be.
(b) PROCEDE/RE /N House or Reparsessee-
TWES AFTER REPORT or COMMITTEE; DEBATE.--
(1) When the Committee on the Budget
of the House has reported any concurrent
RECORD ? HOUSE
resolution on the budget, it is in order at-
any time after the fifth day following the
day on which such resolution was reported
(even though a previous motion to the same
effect has been dieagreeti to) to move to
proceed to the consideration of the concur-
rent resolution. The m.otton is highly priv-
ileged 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.
(2) General debate on rely concurrent res-
olution on the budget in the House of Rep-
resentatives, shall be limited to not more
than 10 hours, which shall be divided equal-
ly between the majority and minority parties.
A motion further to limit debate is not de-
batable. A motion to recommit the concur-
rent reaolution is net in order, and it is not
in order to move to reconsider the vote by
which the concurrent rasoilution is agreed to
or disagreed to.
(3) Consideration of any concurrent reso-
lution on the budget by the House of Rep-
resentatives 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 XXIII of the Riles of the House of Rep-
resentatives. After the Committee rises and
reports the resolut.on back to the House,
the previous qeust ion shall be considered
as ordered on the resolution and any amend-
ments thereto to final passage without inter-
vening motion; except that it shall be in
order at any time prior to final passage
(notwithstanding any other rule or provision
of law) to consider and adopt one amend-
ment changing the :evel of total budget out-
lays, the level of tctal new budget author-
ity, or the appropriate amount of the sur-
plus or deficit in the budget, as set forth
(pursuant to sectio 121(b) (1) or (4) ) in
the resolution as so reported, or any com-
bination thereof, to the extent necessary to
achieve mathematical consistency.
(4) Debate in the Heise of Representa-
tives on the conference report on any con-
current resolution en the budget shall be
limited to not more than 6 hours, which
shall be divided equolly be ween the majority
and minority partite. 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 re-
consider the vote hy which the conference
report is agreed to or disagreed to.
(5) Motions to postpone, made with respect
to the consideratior. of aey concurrent res-
olution ori the budget and motions to pro-
ceed to the considesation of other business,
shall be decided aitaout debate. -
(6) Appeals from the decisions of the Chair
relating to the application of the Rules of
the House of Representatives to the proce-
dure relating to any concurrent resolution on
the budget shall be decided without debate.
(0) SENATE MAT PROCEED CONCURRENTLY,
BUT FINAL ACTION MUST Br: ON HOUSE BUDGET
Resoeurrom?
(1) If, before the passage by the Senate
of a budget resoluoion of the Senate, the
Senate receives from the House of Represen-
tatives a budget resolution of the House,
then, except as provided in paragraph (2),
the procedure with respect to the budget
resolution of,the Senate shall be the same as
if no budget resolution from the House of
Representatives had been received. .
(2) On any vote on fir.al passage of any
budget resolution of the Senate, the budget
resolution of the House of Representatives
shall be automatically substituted.
Sec. 125. Legislation dealing with congres-
sional budget must be in form of
concurrent budget resolution.
No measure or rpreposal dealing with any
matter which is wiehin the jurisdiction of
the Committee on the Budget of either
House, and no amendment to any such meas-
ure or proposal, shall be considered in that
December 4, 1978
House unless it is in the form of a concur-
rent resolution on the budget whieh has
been reported. by the Committee on the
Budget of that House {or. from the con-
sideration of which such committee his been
discharged) or unless it is an amendment
to such a concurrent resolution.
Sec. 126. Concurrent resolution on budget
must be adopted before appro-
priations, and changes in reve-
nues and public debt limit, are
ntEde.
(a) IN GENERAL?It shall not be ie order
in either the House of Representatives or the
Senate to core:idea* any bill or resolution (or
amendment thereto) which provides--
it) new budget authority for a fiscel year,
(2) an More ase or decrease in revenues to
be effective during a fiscal year, or
(3) an increase or decrease in the public
debt limit to become effective during a fiscal
year,
us til the concurrent resolution on the budg-
et for such year referred to in section 121
has been adopted by the Congress.
(b) ExcEcTroli.?Subseetion (a) shall not
apply to new budget authority which first
become available in a fiscal year following
the fiscal year to which the concurrent reso-
lusion applies.
See. 127. Conformance of bills with budget
resolution.
Appropriation bills or bills invoicing a
trust fund as described in section 142(c) (2)
(A) shall be held, and not enrolled or sent
to the President, pending conformance with
the final concurrent resolution on the budget
arei (if necessary) enactment of the budget
reconciliation ;oill, except in the case ccO a bill
which contains new budget authority, and
budget outlay; resulting therefrom, that are
not in excess of the new budget authority
and budget outlays provided therefor in the
related functional categories in the most re-
cently adopted concurrent resolution on the
budget.
Sen. 128. Projections and summaries of con-
gresitioned budget actions
a) REPORTS ON LEGISLATION PROVIDING NEW
Repent Airremerrys?Whenever a committee
of either Home reports a bill or resolution
providing new budget authority, for a fiscal
year, the report accompanying that bill or
resolution shall contain a projection prepared
in consultation with the Legislative Budget
Director of the budget outlays which will
result from that bill or resolution in such
fiscal year and in each.of the four succeeding
fiscal years.
b) UP-TO-DATE TABULATION OF CONGRES-
SIONAL BUDGEr ACTIONS.- -The Legislative
Budget Director shall issue periodic reports
detailing and tabulating the progress of Con-
grc ssional action on legislation providing new
budget authority, including up-to-date status
reports on all new budget authority legisla-
tion in both Houses and a comparison of
such legislation with the functional catego-
ries set forth in the most recently adopted
concurrent resolution on the budget.
le) Five-YEAR PROJECTION OF CONGRES-
SIONAL. BUDGET ACTION.---AS soon RS possible
after the beginning of each fiscal year, the
Legislative Budget Director shall issue, a re-
port projecting for the period of five fiscal
Yerzebeginning with such fiscal year--
, (1) total budget outlays and new budget
authority for each fiscal year in such period,
and
(2) revenues to be received and the major
sources thereof, and the surplus or deficit, if
any, for each f.scal year in such period.
PART ,3?TIMETABLE AND PROCEDURE WITH RE-
SPECT TO APEROPRIATION BILLS AND BUDGET
RECONCILIATION BILL
Prior to the reporting of the first annual
appropriation 'oill the House Committee on
Appropriations shall complete subcominittee
markup and full committee action on each of
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December 4, 1973 CONGRESSIONAL RECORD ?HOUSE
the annual appropriation bills and submit to
the House a summary report comparing the
cornMittee's recommendations with the ap-
propriate levels of budget outlays and new
budget authority as set forth in the budget
? resolution.
Sec. 131. Committee action on all appro-
priation bills to be completed be-
fore first appropriation bill is
reported.
Sec. 132. Action on all appropriation bills to
? be completed by August 1; bills
to be held pending conformance.
On or before August 1 of each year the
Congress shall complete action on all an-
nual appropriation bills which shall be held
by the Congress, except as provided in sec-
tion 127, pending conformance with the final
budget resolution and enactment of any re-
quired budget reconciliation bill.
Sec. 133. Budget reconciliation bill to be re-
ported in certain cases. _
IL the total budget authority authorized
by the annual appropriation bills exceeds the
appropriate_ level of new budget authority
adopted in the final budget resolution or
will result in total budget outlays in excess
of that established in the final budget reso-
lution, the House Committee on Appropria-
tions (in accordance with section 122 (b) )
shall report a budget reconciliation bill con-
taining such rescissions or amendments to
the appropriations bills as are required to
conform with the budget authority and
budget outlay totals of the final budget
resolution.
Sec. 134. Budget reconciliation bill to in-
clude tax measure in certain
Cases.
If the estimate of aggregate revenues of
the United States for the fiscal year is less
than the appropriate overall level of Federal
revenues, as set forth in the final budget
resolution, the Committee on Ways and
Means (in accordance with section 122 (b) )
shall report as a separate title in the budget
reconciliation bill a tax measure which, for
the 12-month period which begins on Janu-
ary 1 which occurs in the fiscal year in ques-
tion, will raise an amount of additional reve-
nue approximately equal to that required to
be raised to provide the appropriate overall
level of Federal revenues set forth in the
final budget resolution.
PART 4?IMPR0VEMENTS IN FISCAL PROCEDURES
Sec. 141. Limitation on new budget au-
, thority.
(a) General Rule.--Beginning with the
first session of the 94th Congress, It shall not
be in order in either House to consider any
bill or resolution which provides new
budget authority unless such bill or resolu-
tion has been reported by the Committee on
Appropriations of that house.
(b) Exception.?Subsection (a) shall not
apply to any bill or resolution to the extent
that the new budget authority involves out-
lays described in section 142(c)(2).
Sec. 142. Limitations cm spending authority.
(a) Legislation Providing New Spending
Authority Subject to Point of Order.?Be-
ginning with the first session of the Ninety-
fourth Congress, 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 (or
any amendment which provides new spend-
ing authority) unless such bill or resolu-
tion, or Filch amendment, also provides that
such spending authority is to be effective
for any fiscal year only to such extent or in
such amounts as are provided in appropria-
tion Acts enacted after the enactment of
such bill or resolution.
(b) LIMITATION ON EXERCISE OF EXISTING
SPENDING AvsnOarrY.?Isiotwithstancling any
other provision of law, on and after October
1, 1978, no officer or agency of the United
States shall exercise any spending authority
enacted prior to that date and in effect on
September 30, 1978, except to such extent
and in such amounts as are provided in ap-
propriation Acts enacted after the enact-
ment of this Act.
(C) SPENDING AUTHORITY DEFINED.?For
purposes of this section?
(1) SPENDING AUTHORITY.?Except as pro-
vided in paragraph (2), the term "spending
authority" means authority provided by law,
whether on a temporary or permanent basis?
(A) to enter into contracts under which
the United States is obligated to make budget
outlays and which have not been provided for
in advance by appropriation Acts,
(B) to incur indebtedness for the repay-
ment of which the United States is liable
(other than indebtedness incurred under the
Second Liberty Bond Act) and which has not
been provided for in advance by appropria-
tion Acts,
(C) to make payments (including loans
and grants) which have not been provided
for in advance by appropriation Acts, to any
person or government, if, under the provi-
sions 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, and
(D) to obligate the United States to make
budget outlays by any Other means which
have not been provided for in advance by
appropriation Acts.
(2) ExcErnows.?The 'term "spending au-
thority" does not include any authority de-
seribed in paragraph (1) to the extent that?
(A) the budget authority made available
for obligations, and outlays resulting there-
from, incurred under the law containing such
authority is derived from a trust fund con-
sisting of amounts equivalent to amounts of
taxes (related to the purposes for which such
outlays are made) received in the Treasury
under specified provisions of the Internal
Revenue Code of 1954;
(B) the budget outlays resulting there-
from consist of expenditures under a Fed-
eral insurance or guaranty program estab-
lished by a law of the United States and in
effect on the date of the enactment of this
Act;
(C) the budget outlays resulting there-
from are made by an organization which is
(1) a mixed-ownership Government corpo-
ration (as defined in section 201 of the Gov-
ernment Corporation Control Act), 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
(D) the budget outlays resulting there-
from consist exclusively of the proceeds of
gifts or bequests made to the United States
for a specific purpose.
Sec. 143. Requirement of authorizing legis-
lation before April 1.
(a) LEGISLATION SUBJECT TO POINT OF
ORDER.?Except as provided in subsection
(b), it shall not be in order to consider any
bill or resolution (or conference report there-
on) authorizing the enactment of new budg-
et authority for any fiscal year after March
31 of the calendar year in which such fiscal
year begins.
(b) EMERGENCY WAIVER.?If the Commit-
tee on Rules of the House of Representatives
determines that emergency conditions re-
quire a waiver of subsection (a) with re-
spect to any bill, resolution, or conference
report, 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, resolution, or con-
ference report.
II 10611
Sec. 144. Jurisdiction to report legislation
rescinding budget authority.
Paragraph (a) of clause 2 of Rule XI of the
Rules of the House of Representatives is
amended by inserting immediately before
the period at the end thereof the following:
", and the rescission of appropriations".
Sec. 145. Changes in functional categories.
Any change in the functional categories
set out in the United States Budget shall be
made only in consultation between the Of-
fice of Management and Budget and the
Committees on the Budget of the House and
Senate.
Sec. 146. Amendments to Budget and Ac-
counting Act.
(II) PRESIDENTIAL BUDGET TO INCLUDE TAX
EXPENDITURE5.--SeCt1011 201 of the Budget
and Accounting Act, 1921 (31 U.S.C. 11), is
amended by adding at the end thereof the
following new subsection:
"(d) The Budget transmitted pursuant to
subsection (a) for each fiscal year shall set
forth the amounts of revenue losses attribut-
able to provisions of the Federal tax laws
which allow an exclusion or deduction from
gross income or which provide a preferential
rate of tax or a deferral of tax liability (com-
monly referred to as 'tax expenditures') .".
(b) FINE-YEAR BUDGET PROJECTIONS.?Sec-
tion 201(a) of such Act (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 para-
graph (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".
PART 5?CHANGE IN FISCAL YEAR
Sec. 151. Fiscal year to commence October 1.
(a) Irr GENERAL.?Effective with the calen-
dar year 1975, the fiscal year of all depart-
ments, agencies and instrumentalities of the
Federal Government and the government of
the District of Columbia shall begin on the
first day of October of each year.
(b) CONFORMING PROVISIONS.?
(1) Effective with the calendar year 1975,
section 237 of the Revised Statutes (31 U.S.C.
1020) is amended by striking out "July" each
place it appears and inserting in lieu there-
of "October".
(2) Notwithstanding section 201 of the
Budget and Accounting Act, 1921 (31 U.S.C.
11), or any other provision of law, the bud-
get which the President transmits for the
fiscal year beginning July 1, 1974, shall cover
the period beginning July 1 of such year and
ending September 30, 1975.
(3) Any law, regulation, or order which re-
fers or applies to a fiscal year beginning in
any calendar year after 1974 (whether or not
such law, regulation, or order specifies the
beginning or ending date of the fiscal year)
shall be deemed to refer or apply to the fiscal
year (beginning in such calendar year) as
prescribed by subsection (a).
Sec. 152. Transition,
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 Federal Government and the govern-
ment 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 151(a). The
Director shall prepare and submit to the
Congress a draft or drafts of such additional
legislation as he considers necessary to ac-
complish this objective.
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H 10612 CONGRESSIONAL RECORD -- HOUSE December 4, 1974
PART 6?TECHNICAL AND CONFORMING A D-
MENTS
Sec. 161. Amendments to House rulee.
(a) Rule ZI of the Rules of the House of
Representatives (as amended by section lit
(c) of this Act) is amended, by inserting im-
mediately after clause 22 the following new
clause:
"22A. The respective areas of legi.slative
jurisdiction under this rule are modified by
title I of the 'Budget and Impoundment Con-
trol Act of 1973."
(h) Paragraph (c) of clause 29 of Rule XI
of the Rules of the House of Representatives
(as redesignated by section 111(0 of this
Act) is amended by inserting "the Committee
on the Budget," immediately after "the Com- .
mittee on Appropriations,".
(c) Subparagraph (5) of paragraph (a) of
clause 30 of Rule XI of the Rules of the
House of Representatives (as so redesig-
nated) is amended by inserting "and the
Committee on. the Budget- immediately be-
fore the period at the end thereof,
(d) Subparagraph (4) of paragraph (b) of
clause 30 of Rule XI of the Rules of the
House of RePresientatives (as so redesignated)
is amended by inserting "and the Committee
on the Budget" immediately before the pe-
riod at the end thereof.
(e) Clause 32 of Rule XI of the Rules of the
House of Representatives (as so redesignated)
is amended by inserting "the Committee on
the Budget" immediately after "the Com-
mittee on Appropriations,".
(f) Paragraph (a) of clause 33 of Rule XI
of the Rules of the House of Representatives
(as so redesignated) is amended by inserting
"and the Committee on the Budget" imme-
diately after "the Committee on Appropria-
tions".
Sec. 162. Amendments to Legislative Reor-
ganization Act of 1946.
(a) Section. 133 of the Legislative Reor-
ganization Act of 1946 (2 U.S.C. 190a) is
amended?
(1) by inserting "and the Committee on
the Budget" after "Appropriations" in sub-
sections (d) and (f) ; and
(2) by inserting "or the Committee on the
Budget after "Appropriations" in subsec-
tion (h).
(b) Section 133A of such Act (2 U.S.C.
190a-1) is
amended by inserting "and the Committee
on the Budget" after "Appropriations" each
place it appears.
(c) Section 134(0) of such Act (2 U.S.C.
190b(b) ) is amended by inserting "or the
Committee on the Budget" after "Appropria-
tions".
(d) Section 136(c) of such Act (9 U.S.C.
190d(c) ) is amended by seriking out "Com-
mittee on Appropriations of the Senate and
the Committees on Appropriations," and in-
serting in lieu thereof "Committees on Ap-
propriations and the Budget of the Senate
and the Committees on Appropriations, the
Budget,". -
(e) Section 202 of such Act (2 U.S.C. 72a)
is amended by adding at the end thereof the
following new subsection:
"(k) The preceding subsections of this
section shall not apply to the Committees on
the Budget of the House of Representatives.
and the Senate.'
See. 163. Amendments to Legislative Reor-
ganization Act of 1970.
(a) Sectio:n 232 of the Legislative Reor-
ganization Act of 1970 (31 U.S.C. 1172) is
amended by renumbering paragraphs (2) and
(3) as paragraphs (3) and (4), respectively,
and by inserting after paragraph (1) the fol-
lowing new paragraph:
"(2) the Committees on the Budget of the
House and Senate,".
(b) Section 236 of such Act (31 U.S.C.
1176) is amended by inserting "and the
Budget" after "Appropriations" in paragraph
(2)
(c) Section 242(a) of such Act (2 U.S.C.
Melt) is amended by inserting "or the Com-
mittee on the Budget" after "Appropria-
tions".
(d) Section 243 of such Act (2 U.S.C. 1901)
Is amended by inserting "(a)" immediately
after "243." and by adding at the end there-
of the following new subsection:
(b) The provisions of subsection (a)
shall also apply to the Committee on the
Budget of the Senate."
PART 7?LEGISLATIve Bit OGET OFFICE:
DIRECTOR AND STAFF
Sec. 171. Legislative Budget Director; staff.
(a) To assist the Clerrimittee on the Budget
of the House of Representatives and the
Committee on the Budget of the Senate,
there shall be within the legislative branch
of the Government a Legislative Budget Of-
fice, headed by a Legislative Budget Director.
The Legislative Budget Director shall be ap-
pointed by the Speaker of the House of Rep-
resentatives upon the recommendation of
the Committee on the Budget of the House of
Representatives, without regard to political
affiliation and solely on the basis of fitness
to perform his duties. He shall be paid at a
per annum gross rate pqual to the rate of
basic pay, as in effect from time to time, for
level HI of the Executive Schedule in section
5314 of title 5, United States Code.
(b) With the approval of the Chairman of
the Committee on the. Budget of each House,
the Legislative Budge; Director may--
i 1 ) appoint, without regard to political af-
filation and solely on the basis of fitness to
perform their duties, such professional, tech-
nical, clerical, and other personnel as may be
necessary to aarry out the purposes of this
Act,
(2) prescribe their duties and responsi-
bilities,
(3) fix their pay, and
(4) terminate their employment.
(c) In carrying out its functions under
this Act, the Legislative Budget Office may
utilize the services, information, facilities,
and personnel of the departments and estab-
lishments of the Govern/tient, and may pro-
cure the temporary (hot to exceed one year)
or intermittent sers.ces of experts or con-
sultants or organizations thereof by con-
tract as independent contractors, or in the
case of individual experts or consultants by
employment at rate; of pay not in excess
of the daily equivalent of the highest rate
of basic pay set forth in the General Sched-
ule of section 5332 of title 5, United States
Code, including payment ef such rates for
necessary traveltime.
(d) There are autnorized to be appropri-
ated, for the fiscal year ending June 30, 1974,
and each fiscal year thereafter, such sums as
may be necessary to enable the Legislative
Budget Office to carry out its functions and
duties under this Aet. Until sums are first
appropriated to the Office pursuant to the
preceding sentence, 'he expenses of the Of-
fice shall be paid from the contingent fund
of the House of Representatives, upon
vouchers approved by the Director.
(e) For purposes of pay and employment
benefits, rights, and privileges, the employ-
ees of the Office shall be deemed to be em-
ployees of the Howe of :Representatives.
Sec. 172. Power to obtain data.
(a) SECURING or DATA.?The Legislative
Budget Director, with the approval of the
chairman of the Committee on the Budget
of the House of Representatives or the Sen-
ate, Ls authorized to secure directly from
any executive deparament, office, board, bu-
reau, agency, independent establishment, or
instrumentality of the Government any in-
formation, data, estimates, and statistics
relating to the functions of the Legislative
Budget Office.
(b) FURNISHING OF DATA.?Executive de-
partments offices, boards, bureaus, agencies,
independent establishments, and instru-
mentalities are authorized and directed
(notwithstanding section 206 of the Bodget
and Accounting Act, 1921) to furnish such
information, data, estimates, and statistics
directly to the Legislative Budget Director,
upon request made pursuant to this section.
Sec. 173. Projections of budget outlays'.
The Legislative Budget Office shall develop
for the Committees on the Budget of, the
House and Senate, and for other commit-
tees of the House and Senate upon their
request, information with respect to exist-
ing and proposed legislation (whether au-
thorizing or appropriation or similar )egis-
lation) which will form the basis of 'esti-
mating the, effect on. budget outlays of Such
legislation not only on the current fiscal
year bait also foe the heat fotir fiscal years.
Any information and data readily available
in the files of the Legislative Budget Office,
and related technical assestance, may be
furnished upon request to committees and
Members of the :Souse or Senate.
PART 8?EFFECTIVE. DATE
Sec. 131. Effective date for budget proce-
dures.
Parts 2, 3, and 4 of this title, and part 6
on this title to the extent that it relates to
parts 2, 3, and 4, shall apply (except as
otherwise specifically provided) only with
respect to the fiscal year beginning October
1, 1075, and succeeding fiscal years.
14Ir. BOLLING (s ring the reading).
Mr. Chairman, I as unanimous consent
that title I may b considered as read,
printed in the R CORD, and open to
amendment at any ? oint
The CHAIRM Is there objection to
the request of the entleman from ,Mis-
souri?
There was no ob tion.
Mr. BOLLING. . Chairman, I Move
that the Commit do now rise. :
Accordingly the Committee rose:: and
the Speaker hay g resumed the chair,
Mr. UDALL, Chai ? an of the Committee
of. the Whole Ho e on the State of the
Union, reported at that Committee,
having had under snaideration the bill
(H.R. 7130) to nd the Rules of the
House of Represen tives and the Senate
to improve cong sional control over
budgetary outlay nd receipt totals, to
provide for a Legis tive Budget Director
and staff, and for other purposes, had
come to no resoluti n thereon.
GENER LEAVE
Mr. BOLLING. VII-. Speaker, I ask
unanimous consent' that all Members
my have 5 legislati e days in whieh to
revise and extend t eir remarks on the
bill just undex consi eretion.
The SPEAKER. 14 there objection to
the request of the g ntleman from, Mis-
souri?
There was no obj ion.
PERMISSION FORL COMMITTEE: ON
THE JUDICIARY TTO FILE REPORT
ON THE NOMI ATION OF THE
GENTLEMAN FIOM MICHIGAN,
MR. GERALD R. ORD, FOR VICE
PRESIDENT
Mr. SARBANES. Mr Speaker, I ask
unanimous consent t at the Committee
on the Judiciary ma have until mid-
night tonight to file its report on the
nomination of the gentleman from Mich-
igan (Mr. GERALD R.IFORD) to be Vice
President.
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December 5, 1973 CONGRESSIONAL RECORD ?HOUSE
there might be, but we would have in
public and bringing out in one resolu-
tion a reconciliation that would pro-
vide for the level if spending, level of
taxation, and the ay in which if there
were a gap that wo id be funded, either
by a debt increase ir by a tax increase.
If the resolution ?rovided for a tax
Increase, then the andate to the Com-
mittee on Ways ans Means to come up
with that amount o money in whatever
way they recomme ?ed would be oper-
able.
I hope I have not dded to the gentle-
man's confusion. I ave tried to clarify
it.
The CHAIRMAN. The time of the
gentleman from Lo 'siana has expired.
(By unanimous eonsent, Mr. WAG-
GUNNER was allowe? to proceed for 3
additional minutes.' .
Mr. WAG-GONNE . Mr. Chairman,
no, the gentleman h not confused, me
but he has discourag d me. As I under-
stand it, the joint co mittee would make
a recommendation ii en to the House
Committee on Ways and Means as to
how 'much increase ould be needed if
a tax increase was o be employed. If
the combination for xample, say, of the
tax increase and th debt ceiling was
employed to compens te for that larger-
than-anticipated de it was to be used,
then the Ways and Means Committee
would report the ta increase for that
amount. Is that cor ct?
Mr. BOLLING. Th t is correct.
Mr. WAGGONN I am constrained
to say that this is net going to do any-
thing to make this ? ? dy responsible, in
my personal opinion, ? ecause we are not
controlling expendit es. We will be us-
ing all the devices use now to keep
spending.
I hope I am wrong, nd that there will
be some restraint i the Congress to
cause Congress to re e uce expenditures;
but I cannot help elieving with the
track record of Con ress having been
what it is that we ar going to do any-
thing but go ahead :nd just keep in-
creasing spending a ? the debt ceiling.
That is where we ar headed I believe
and I hope I am wr ng. This Congress
does not have the ? ? urage to balance
expenditures with re enues. That is our
Problem riov_pA???????
_rov d For Release 2
/TITLE II?IMPOUNDMENT CONTROL
Stc. 201. TRANSMISSION OF SPECIAL MESSAGES
BY PRESIDENT.
(a) IN GENERAL.?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 impounds
any budget authority authorized or made
available for a specific purpose or project,
or orders, permits, or approves the impound-
ing of any such budget authority by any
other officer or employee of the United States,
the President shall, within ten days there-
after, transmit to the House of Representa-
tives and the Senate a special message spe-
cifying?
(1) the amount of the budget authority
impounded;
(2) the date on which the budget author-
ity was ordered to be impounded;
(3) the date the budget authority was
impounded;
(1) any account, department, or estab-
lishment of the Government to which such
impounded budget authority would have
been available for obligation except for such
impoundment, and the specific projects or
governmental functions involved;
(5) the period of time during which the
budget authority is to be impounded;
(6) the reasons for the impoundment, in-
cluding any legal authority invoked by him
to justify the impoundment; iMpondment. -
(7) to the maximum extent practicable,? uTESS DEFINITION or IMPOUNDMENT.
the estimated fiscal, economic, and budget-
ary effect of the impoundment; and
(8) all facts, circumstances, and con-
siderations relating to or bearing upon the
1110701
printed as provided in subsection (b); and
the Comptroller General shall promptly no-
tify the House of Representatives and the
Senate of any changes in the information
submitted by him under subsection (c)
which may be necessitated by such revision.
(e) R-NTING.?Any special or supplemen-
tary message transmitted pursuant to this
section shall be printed in the first issue of
the Federal Register published after such
transmittal.
(f) PUBLICATION OF IMPOUNDMENTS.?The
President shall publish in the Federal Regis-
ter, each month a list of any budget author-
ity impounded as of the first calendar day
of that month. Each such list shall be pub-
lished no later than the tenth' calendar day
of the month and shall contain the informa-
tion required to be submitted by special mes-
sage pursuant to subsection (a).
SEC. 202. DISAPPROVAL OF :MPOUNDPiTENTS BY
HOUSE OR SENATE.
Any impoundment of budget authority set
forth in a special message transmitted pur-
suant to section 201 shall cease if within
sixty calendar days of continuous session
after the date on which the message is re-
ceived by .the Congress the specific impound-
ment shall have been disapproved by either
House of Congress by passage of a resolution
in accordance with the procedure set out in
section 204. The effect of such disapproval
shall be to require an immediate end to the
impoundment and the decision to effect the
impoundment, including an analysis of such
facts, circumstances, and considerations in
terms of their application to any legal au-
thority and specific elements of legal au-
thority invoked by him to justify such im-
poundment, and to the maximum extent
practicable, the estimated effect of such im-
poundment upon the objects, purposes, and
programs for which the budget authority
was provided.
(b) DELIVERY TO HOUSE AND SENATE.?EaCh
special message submitted pursuant to sub-
section (a) 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 Sec-
retary of the Senate if the Senate is not in
session. Each special message so transmitted
shall be referred to the Committee on Ap-
propriations of the House of Representatives
and to the Committee on Appropriations of
; Eadd each sucilgausaie shall
For purposes of this title, the impounding
of budget authority includes?
(1) withholding or delaying the expendi-
ture or obligation of budget authority
(whether by establishing reserves or other-
wise) appropriated for projects or activities,
and the termination of authorized projects
or activities for which appropriations have
been made, and
(2) any other type of Executive action or
inaction which effectively precludes the
obligation or expenditure of authorized
- budget authority or the creation of obliga-
tions by contract in advance of appropria-
tions as specifically authorized by law.
SEC. 204. CONGRESSIONAL PROCEDURES.
(a) DEFINITION OF RESOLUTION; CONTINU-,
ITY OF SESSION.?
(1) For purposes of this section and sec-
tion. 202 the term "resolution" means only
a resolution of the House of Representatives
or the Senate which expresses its disapproval
of an impoundment of budget authority set
forth in a special message transmitted by
the President under section 201, and which
is introduced and acted upon by the House
of Representatives or the Senate (as the case
haaRDR7 OR0006znyAhMoir2athe end of the first period of
Wririal? filaVR of continuous session of
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CONGRESSIONAL RECORD? HOUSE December 5 197S,
(b) REFERRAL ..?Any resolution introduced
with respect to a special message shall be
referred to the Committee on Appropriations
of the House of Representatives or the Sen-
ate, as the case may be.
IC) DISMARGE OF COM MITTEE.
( ) If the committee to which a resolution
with respect to a special message has been
referred has not reported it at the end of
thirty calendar days of Continuous session
after its introduction, it is in order to move
either to discharge the committee from fur-
ther consideration of the resolution or to dis-
charge the committee from further consid-
eration of any other tesolution with respect
to the same message Which has been referred
to the committee.
(2) A motion to discharge may be made
ouly by an Individual favoring the resolu-
tion, may be made only if supported by one-
Sf of the Members of the House involved
(a quorum being present), and is highly
privileged (except that it may not be made
after the committee has reported a resolu-
tion with respect to the same special mes-
sage); and debate thereon shall be limited
to not more than one hour, to be divided
equally between those favoring and those
opposing the resolution. 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.
(3) If the motion to discharge is agreed
to or disagreed to, the motion may not be
renewed, nor may another motion to dis-
charge the committee be made with respect
to any other resolution with respect to the
same special message.
(d) FLOM C0N5IDERATI0N.-
1) When the committee has reported, or
has been discharged from further considera-
tion of, a resolution with respect to a spe-
cial message, 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 resolution. The motion shall be highly
privileged and not debatable. An amend-
ment 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 the resolution shall be
limited to not more than two hours, which
shall be divided equally between those favor-
ing and those opposing the resontion. A
motion fuze:her to limit debate shall not be
debatable. No amendment to, or motion to
recommit, ;he resolution shall be in order,
and it shall not he in order to move to recon-
sider the vote by which the resolution is
agreed to or disagreed to.
(e) MOTIONS.--M0t10113 to postpone, made
with respect to the consideration of a resolu-
tion with respect to special message, and
motions to proceed to the consideration of
other business, shall be decided without
debate.
(f) AerRets.?All appeals from the deci-
sions of the Chair relating to the applica-
tion of the rules of the Senate or the House
of Representatives, as the case may be, to
the procedure relating to any resolution re-
ferred to in this section shall be decided
without debate.
SEC. 205. REPORTS OF IMP&UNDMENTS BY
COMPTROLLER GENERAL.
If the Comptroller General finds that the
President, the Director of the Office of Man-
agement and Budget, the head of any de-
partment or agency of the United States, or
any other officer or employee of the United
States has impounded any budget authority
authorized or made available for a specific
purpose or project or has ordered, permitted,
or approved the impounding of any such
budget authority by any other officer or em-
pioyee of the United States, and the Presi-
dent fails to transmit a special message with
respect to such impoundment as required
by this title, the Comptroller General shall
report such impoundment and any available
information concer sing le to both Houses of
Congress; and the provisions of this title
shall apply with respect to such impound-
ment in the same manner and with the same
effect as if such report of the CoMptroller
General were a special message submitted by
the President under section 201, with the
sixty-day period prcvided in section 202 being
deemed to have commenced at the time at
which the Comptr slier General makes the
report. As used in section 204, the term
"special message' iaclucies a report made by
the Comptroller General under this section.
Sec. 206. ST/ITS BY COMP1 ROLLER GENERAL TO
ENFORC: CONTROLS.
The Comptroller General is hereby ex-
pressly empowered as the representative of
the Congress throt gh attorneys of his own
selection, with the approval of the Congress
in any particular case, to sue any depart-
ment, agency, officer, or employee of the
United States in a civil action in the United
States District Court for the District of Co-
lumbia to enforce the provisions of this title,
and such court is hereby expressly empow-
ered to enter in such civil action any decree,
Judgment, or order which may be necessary
or appropriate to secure compliance with the
provisions of this title by such department,
agency, officer, or e nployee. Within the pur-
view of this section, the Office of Manage-
ment and Budget shall be construed to be
an agency of the United States, and the of-
ficers and employees of the Office of Man-
agement and Budget shall be construed to
be officers or employees of the United States.
SEC. 207. REPEAL 0 EXISTING IIVIPOUNDIYIENT
REPORTING PROVISION.
Section 203 of the Budget and Accounting
Procedures Act of 1950 is repealed.
SEC. 208. DISCLAIMED.
Nothing contained in this title shall be
construed es?
(i.) asserting or conceding the constitu-
tional powers or limitations of either the
Congress or the President,
(2) ratifying any impoundment heretofore
or hereafter executed or approved by the
President or any other Federal officer or em-
ployee, except insofar as pursuant to sta-
tutory authorizaticn then in effect; or
(3) affecting in any way the claims or de-
fenses of any part'e to litigation concerning
any impoundment ordered or executed be-
fore the date of the enactment of this Act.
Mr. BOLLING (during the reading).
Mr. Chairman, l ask unanimous con-
sent that the title II be considered as
read, printed in the RECORD, and open to
amendment at any point.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Missouri?
There was no objection.
AMENDMENT OFFERED BY MR. M ARTIN OF
NEBRASKA
Mr. MARTIN of Nebraska. Mr. Chair-
man, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. MARTIN of
Nebraska: "Strike out title II of the com-
mittee amendment in the nature of a sub-
stitute."
Mr. MARTIN cf Nebraska. Mr. Chair-
man, I ask unanimous consent to proceed
for an additional 3 minutes.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Nebraska?
There was no objection.
The CHAIRMAN. The gentleman
from Nebraska will be recognized for 8
minutes.
Mr, MARTIN of Nebraska. Mr. Chair-
man, the purpose of my amendment is
simply to strike title II from the bill
before Us, the impoundment section of
the bill. We :nave had a very cordial and
close relationship this afternoon be-
tween the majority and the minority. I
hope that the gentleman from Missouri
can continue to cooperate with the gen-
tleman from Nebraska in accepting the
amendment which I have offeredl
There has been some talk, Mr. Chair-
man, that the impoundment section,
title Il of this bill, is the same as the
impoundment legislation that was
passed earlier this year in the House.
There are three differences between the
bill passed earlier by the House and title
II of the current legislation. I woOld like
to point them out.
First, the impoundment procedures
approved in the earlier legislation were
only for 1 year. This provides that the
impoundment procedures are perma-
nent.
Second, this bill does not contain the
spending limit applied to fiscal year,
1974, which was in the earlier bill passed
by the House. There is no spending limit
included in this bill.
Third, adjustments have been made
in the authority of the Comptroller Gen-
eral to bring a court action to enforce
the impoundment provisions. This also
was not in the earlier bill pasSed by
the House.
There are several reasons, Mr. Chair-
man, why this impoundment title should
be stricken from the bill.
First, the long-term effect of this anti-
impoundment provision will be to re-
quire the President to spend money
which otherwise would not be spent. At
a time when excessive Federal spending
Is already creating additional infation-
-ary pressure, this anti-impoundment
provision will remove one of the few re-
maining defenses against inflation, by
severely limiting the President's right
to impound.
Second, if title I of this bill dealing
with congressional budget reform is suc-
cessful in enabling Congress to stay
within responsible spending limits, then
the anti-impoundment provisions, in
title II were unnecessary. We were led to
believe this when we debated the first
impoundment bill which provided for
impoundment only for 1 year.
If the procedures set up in title I do
not sticceed in enabling Congress to
spend responsibly, then it is even more
important that the President have the
power to impound. Therefore, at best,
title II is unnecessary and its adoption
could mean the removal of a necessary
defense against inflation.
Third, title II of the bill sets up ex-
pensive and wasteful reporting proce-
dures. The term "impoundment" is de-
fined broad1,7 in this bill. The President
is required to provide extensive' infor-
mation about each impoundment. The
result will be a great deal of additional
paperwork. :in fact, a great majority of
Impoundments are routine administra-
tive actions. For example, funds are fre-
quently apportioned for each of the
quarters in a fiscal year, or reserved from
apportionment pending the establish-
ment of plans. Under this bill, all such
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December 5 1973
CONGRESSIONAL RECORD DAILY DIGEST
Departments of Labor and Health, Education, and
Welfare for fiscal year 1974, debate thereon will be
limited to 2 hours. Pages $ 21967?S 21968
Confirmations: Senate confirmed the nomination of
Robert W. McVay, of Missouri, to be a member of the
Federal Metal and Nonmetallic Mine Safety Board of
Review; and
Sundry Public Health Service nominations received
by the Senate on October 9, 1973. Page $21969
Nominations: Senate received the following nomi-
nations:
- Francis L. Dale, of Ohio, to be U.S. representative to
the U.N. European Office, with the rank of Am-
bassador;
Francis T. UndergII, Jr., of New Jersey, to be
Ambassador to Malaysia;
Arthur S. Flemming, of Virginia, to be a member of
the Commission on Civil Rights;
Albert J. Engel, of Michigan, to be a U.S. circuit
judge for the Sixth Circuit;
Russell James Harvey, to be U.S. district judge for
the Eastern District of Michigan; and
Numerous Coast Guard nomin,ations. Page $21969
Record Votes: Three record votes were taken today.
(Total-539.) Pages S 21924, S 21949?S 219
Program for Thursday: Senate met at II am. d
adjourned at 5:39 p.m. until Io :3o a.m. on Thur day,
December 6, when, after one special order for a eech,
there will be a period for the transaction of outine
morning business not to extend beyond th hour of
II a.m., at which time Senate will take up onference
report on H.R. 8877, Labor-HEW appr. riations (2-
hour debate limitation), to be followed ay resumption
of S. 1283, energy research and develop ? ent. At approx-
imately 4:30 p.m. Senate is expecte to meet in joint
session with the House in the Hall the House to wit-
ness the swearing in of Represen tive Gerald R. Ford
as Vice President of the United btates. Upon return to
the Senate Chamber, the new Vice President will be
afforded the opportunity to ddress the Senate.
Pages 521968?S 21969
Committee Meett gs
(Committees not listed d not meet)
APPROPRIATION ?PUBLIC WORKS-AEC
SUPPLEMENTA
Committee on ppropriations: Subcommittee, in exec-
utive session proved for full committee consideration
proposed fis al year 1974 supplemental appropriations
for public orks programs and the Atomic Energy
Commis on.
Prio to this action, subcommittee held closed hear-
ings ?n such appropriations request for the Atomic
Entrgy Commission, receiving testimony from Wil-
liam E. Kriegsman, Commissioner; Edward B. Giller,
D 1383
Assistant General Manager for N tional Security; Wil-
liam R. Voight, Jr., Director, IP, ivision of Production
and Materials Management, 0 cc of the Assistant Gen-
eral Manager for Product]. ,n and Management of
Nuclear Materials; and M wyn C. Greer, Assistant
Comptroller for Budgets all of the Atomic Energy
Commission; Donald C ? er, Assistant to the Secretary
for Atomic Energy; a Brig. Gen. James R. Brickel,
Deputy Assistant to e Secretary for Atomic Energy,
both of the Depart ent of Defense.
HOUSING LEGP ATION
Committee on anking, Housing and Urban Affairs:
Committee c tinued open markup of proposed omni-
bus housin and community development legislation,
but did no, complete action thereon and will meet again
tomorrow.
TRUT IN HOUSING
Co mittee on Commerce: Subcommittee on the Con-
su er concluded hearings on S. 2028, to protect pur-
asers of houses against unfair and deceptive sales prac-
ices, after receiving testimony from Joseph Wyke,
Metropolitan Wilmington Urban Coalition, Wilming-
ton, Del.; Mayor Henry A. Schiffer, of Ferndale, Mich.;
John J. Heyn, representing the National Home Inspec-
tion Service; John S. Griffith, Jr., representing the
National League of Insured Savings Associations, Wash-
ington, D.C.; and Dr. Lelland L. Gallup, Cornell Uni-
versity, Ithaca, N.Y.
BRIEFING ON GREECE
Committee on Foreign Relations: Subcommittee on
European Affairs, in a closed session, received a briefing
on the current situation in Greece from Deputy Assist-
ant Secretary of State for Near Eastern and South Asian
Affairs Rodger P. Davies.
ENERGY REORGANIZATION
Committee on Government Operations: Subcommittee
on Reorganization, Research, and International Organi-
zations continued hearings on S. 2744, proposing estab-
lishment of an independent Energy Research and
Development Administration and a Nuclear Energy
Commission, receiving testimony from Senator Cook;
John Simpson, Power Systems Co. of Westinghouse
Corp., New York City; Dave Freeman, Ford Founda-
tion Energy Policy Project; John Partridge, American
Gas Association; Jack Bridges, Center for Strategic
Study; and Carl Bagge, National Coal Association, all
of Washington, D.C.
Hearings were recessed subject to call.
PETROLEUM
Committee on Interior and Insular Affairs: Special
Subcommittee on Integrated Oil Operations resumed
hearings on market performance and competition in
the petroleum industry, and on S. 2260, relating to the
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D 1384 CONGRESSIONAL RECORD ?DAILY DIGEST Dece ober 5, 1973
authority of the Secretary of the Interior to grant rights-
of-way faLpipelines under the Mineral Leasing Act,
receiving esthrny from Senator Metcalf; Representa-
tive Gunter; Verno . Neuhaus, Mission, Tex.; Beno
Schmidt, New York Cit , rof. James Patterson, Indi-
ana University, Bloomingtorer,Kenneth W. Catmull,
Autotronic Systems, Inc., HoustOls Charles Shipley,
representing the Service Station Dealer Michigan,
Detroit; Samuel Gray, Denver; Charles Binsri
senting the National Congress of Petroleum Rttai
Washington, D.C.; and C. John Miller, reesenting
the Independent Petroleum Association' of America,
Washington, D.C.
Hearings continue tomorrow.
NO-FAULT INSURAN
Committee on t -judiciary: Committee continued
hearings on Se 354, to establish a nationwide motor
vehicle ac9ident insurance plan, and to require no-fault
motor .v6hicle insurance as a condition precedent to
cpertding a motor vehicle, receiving testimony from
Chamber Action
Bills Introduced: 32
2 private bills, H.R. 118
H.J. Res. 844, H. Con.
736-739, were introduce
Bills Reported: Repor
Report entitled "D
Claims Owed to the
tries)" (H. Rept. 93-696
H.R. 11137, to requir
Senate for future appo
tor and Deputy Direct
and Budget, amended
H. Res. 738, providin
;735, confirming the n
the State of Michiga
United States (H. Re
H. Res. 739, waivi
11771, making appr
and related program
93-699) ; and
Conference report
eral Financing Ban
and more efficient fi
assisted borrowings f
Late Reports: Corn
to file certain privil
State representatives Mike Py k& and Allen Adams,
of Washington; Mitchel endell, Washington, D.C.;
Harry Lansman re enting Kemper Insurance Co.,
Chicago; and 'deter C. Beall, Cincinnati, representing
the Ohio e Bar Association.
He gs continue tomorrow.
MMI tT.EE BUSINESS
Committee on Public Works: Committee, in executive
session, ordered favorably reported an original bill pro-
osing a formula for allocation of fiscal year 1975 funds
onstruction of sewage treatment facilities; and to
ased funding" of such facilities; and
authorizing a feasibility study to be
Capitol Historical Society to deter-
installing equipment for a
within the US. Capitol
allow
S.J. Res.
paid for by the Th
mine the desirability
sound and light performan
Grounds.
Also, committee conditionally appre sised pub-
lic buildings prospectuses in Ekins, W. Va., and Tyler,
Tex.
House of Representatives
blic bills, H.R. 11783-11814;
5 and 11816; and 7 resolutions;
es. 393 and 394, and H. Res.
Pages H 10737-H 1073i
s were filed as follows:
inquent Foreign Debts anO
nited States (Selected Coun-
the advise and consent of the
tments to the offices of Dime-
r of the Office of Managemen.:
(H. Rept. 93-697);
for the consideration of H. Res.
mination of Gerald R. Ford, oi
to be Vice President of the
.93-698);
g points of order against H.R.
nations for Foreign Assistance
for fiscal year 1974 (Fl. Rept.
n H.R. 5874, to establish a Fed-
and to provide for coordinated
ancing of Federal and federally
om the public (H. Rept. 93-700).
Page H 10737
ittee on Rules received permission
ed reports by midnight tonight.
Page H 10658
---tabor-HEW Appropriations: By a yea-an
0 yeas to 33 nays, the House agreed
ence re t on H.R. 8877, maki:ng appr
Departmen of Labor, and Heal
Welfare, and r ed agencies f
Receded and con red in
:[8, 48, 68, 75, and 81.
Receded and concur
amendments Nos.
263 yeas to 140 na
ing the measur
Defense
appointe
and
do
ay vote
the confer-
iations for the
Education, and
fiscal year 1974.
enate amendments Nos.
'th amendment in Senate
reed to a yea-and-nay Vote of
a, 16, 32, 51,
or Senate action. Pages
npower Commission: Majo
Mr. Arthur E. Haley, of Winchester,
minority leader appointed Mr. Britton L.
, of Grand Rapids, Mich., as members of the Defe
anpower Commission. Page k 10671
62, and 79; dear-
10658-11 10671
ityleader
vfass.;
Or-
Budget and Impoundment Control: By a recorded
vote of 386 ayes to 23 noes, the House passed H.R, 7130,
to amend the Rules of the House of Representatives and
the Senate to improve congressional control over budg-
?etary outlay and receipt totals, and to provide for a
Legislative Budget Director and Staff.
Agreed to the committee amendment with the fol-
lowing amendment:
An amendment that incorporates a previously adopted
amendment that extends the 5-day layover perio I to a
to-day layover period, and excludes Saturdays, Su adays,
and legal holidays from the layover period for a
reported concurrent resolution on the budget, before
such resolution could be considered in the House; and
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December 5, 1973 CONGRESSIONAL RECORD ?DAILY DIGEST
Agreed to amend the title of the bill.
Rejected the following amendments to the commit-
tee' amendment:
An amendment that sought to delete language which
designates a specific composition of the 23-member
Budget Committee and language regarding seniority,
and prohibits a Member from serving more than two
consecutive terms in a To-year period (rejected by a
division vote of 23 ayes to 76 noes);
An amendment that sought to prohibit considera-
tion of authorizing legislation after July i in lieu of
March 31 of each year (rejected by a recorded vote of
ro6 ayes to 300 noes) ;
An amendment that sought to require the pilot-test-
ing of all Federal programs prior to the implementation
unless the committee report on such legislation indi-
cates why this is unnecessary (rejected by a recorded
vote of 185 ayes to 218 noes);
An amendment that sought to provide for a mixi-
mum limitation on authorizations for appropriations
to 3 years except those funded through user taxes
(rejected by a recorded vote of 192 ayes to 217 noes) ;
An amendment that sought to require Presidential
submission of alternative spending options for each
major functional category in the budget, and to require
inclusion of all relevant policy and program evaluation
(rejected by a division vote of 23 ayes to 63 noes) ;
An amendment that sought to require all appropria-
tion bills be sent to the President at the same time with
no exceptions (rejected by a recorded vote of 117 ayes
to 289 noes) ;
An amendment that sought to delete the title on im-
poundment control (rejected by a recorded vote of ro8
ayes to 295 noes);
An amendment that sought to require both Houses
of Congress to take action before a Presidential im-
poundment is disapproved, and to allow selective dis-
approval of impoundments by Congress (rejected by a
recorded vote of 186 ayes to 221 noes); and
An amendment that sought to make title II
--(impoundment control) effective on October r, 1975
(rejected by a recorded vote of 185 ayes to 221 noes).
Pages H 10671? 0720
Referrals: Four Senate-passed measures wer referred
to 't1 appropriate House committees. Page H 10736
Quor Calls--Votes: Two yea-a nay votes and
eight reco ed votes developed du g the proceedings
of the Hou today and ap r on pages H10667-
E11?669, Hio68 1o682, 10686, Hr o692-H 10693,
H1o699-Hro7oo, 07., H1o7o6, H1o7o8, and
H1o719-H1o72o. The ere no quorum calls.
Program for T sday: at noon and adjourned
at 7:45 until i a.m. on Thurs. December 6, when
the House I consider H. Res. 73 confirming the
norninat' of Gerald R. Ford, of the te of Michi-
gan, t e Vice President of the United Stat (6 hour
of neral debate).
Co mittee ,Meetings
FLA e PRESENTATIONS?TRAVEL ALLOWANCE
Comm ee on Armed Services: Subcommittee No
held hea ngs on and approved for full committee ac-
tion the fo owing bills:
H.R. 5621 amended, to provide for the presen ation
of a flag of t United States for deceased mem ers of
the National t? uard and Selected Reserves; an
S. 1038, to auti orize travel and transportati n allow-
ances to certain 2, embers of the uniformed ervices in
connection with le ye.
Testimony was hard from Lt. Col. Llo d L. Wyatt,
Office of the Adjut nt General, Depar ment of the
Army; and Lt. Col. ohn M. Gasper, ?ffice, Deputy
Chief of Staff for Pers nel, Departme t of the Army.
STOCKPILE DISPOSAL
Committee on Armed S vices: Si.committee No. 3
held a hearing on the disrsal o aluminum, silicon
carbide, zinc, and copper f om t,he national and sup-
plemental stockpiles. Testim as heard from GSA
and public witnesses.
Hearings continue tomorrow.
D 1385
MONETARY REFORM
Committee on Banking and Ckency: Subcommittee
ur\
on International Finance eld a h? aring on monetary
reform and heard testi ny from r. Arthur Burns,
Chairman, Federal Reset e Board.
REAL ESTATE SETT EMENT PRO ,EDURES?
ESCROW ACCOUN SYSTEM IMPRVVEMENT
Committee on Ban Ing and Currency: iSubcommittee
on Housing cont ued hearings on Fat. 9989, Real
Estate Settlemen Procedures Act of 191 ; and H.R.
11460, Escrow Account System Improvvment Act.
Testimony was eard from public witnesses. \
BOG FAMIL CONTRIBUTION SCHEDU4
Committee n Education and Labor: Special\ Subcom-
mittee on r ducation concluded hearings on
portunity rant family contribution schedul
mony w heard from Dr. Arthur ? Switzer,
College ? Miles M. Fisher IV, National Associan
Equal ? pportunity in Higher Education; an
James ixon, Antioch College.
asic op-
Testi-
rsinus
n for
Dr.
MIS NG IN ACTION IN SOUTHEAST ASIA
Co mittee on Foreign A gairs: Subcommittee n
NI tional Security Policy and Scientific Developmen
eld a hearing on H. Con. Res. 271 and similar legisla-
ion expressing the sense of Congress with respect to
the missing in action in Southeast Asia. Testimony was
heard from Frank Sieverts, Special Assistant for Pris-
oner of War Matters, Department of State; Roger
Shields, Office of International Security, Department of
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D 1386 CONGRESSIONAL RECORD ? DAILY DIGEST DeconVer 5, 1973
Defense; and Scott Albright, National League of POW
and MIA Families.
UN PEACEKEEPING IN THE MIDDLE EAST
Committee on Foreign Affairs: Subcommittee on Inter-
national Organizations and Movements and Subcom
mittee on Near East and South Asia held a joint
hearing on United Nations peacekeeping in the
Middle East. Testimony was heard from Ambassador
Charles W. Yost, former U.S. Permanent Representa-
tive to the United Nations; Ambassador William
Schaufele, Senior Political Advisor, U.S. Mission to the
United Nations; and Vice Admiral John Lee (Ret.),
former assistant director, Arms Control and Disarma-
ment Agency.
Hearings continue tomorrow.
COMMITTEE BUSINESS
Committee on Government Operations: Subcommittee
on Intergovernmental Relations met and approved for
full committee action report entitled "Farmers Home
Administration Rural Housing Operations."
/
GOVERNMENT OPERATIONS MISCELLANY
Committee on Government Operations: Met a d or-
dered reported favorably to the House the flowing
measures-:
H.R. 1.1510 amended, to reorganize and onsolidate
certain functions of the Federal Govern] t in a nevi
Energy Research and Development Xdministration
and in a Nuclear Energy Commission order to pre-
mote more efficient management of tacla functions;
H.R. 11137 amended, to require le advice and con-
sent of the Senate for future appoi mems to the Offices
of Director and Deputy Direct() of the Office of Man-
agement and Budget; and th following reports:
Regulation of Diethylstill terol (DES) and Other
Drugs Used in Food Frock mg Animals;
Delinquent Foreign De es and Claims Owed to the
United States (Selected ountries); and
Farmers Home A ministration Rural Housing
Operations.
COMMITTEE BUS ESS
Committee on
sideraticn of co
use Administration: Met for con-
ttee business.
INTERIOR M CELLANY
Cominittee Interior and Insular Affairs: Met and
ordered re orted favorably to the House S. 1529
amended, o authorize the Secretary of the Interior to
enter int agreements with non Federal agencies for
the repl cement of the existing American Falls Dam,
Minid ,a project, Idaho.
Thef committee begari. markup of RR. 4861, pro-
vidin for the preservation and protection of certain
lands known as Piscataway Park in P ince Georges and
Charles Counties, Md.; and
Continued markup of H.R. o294, to establish a
National Land Use Policy, aA will resume markup
of these measures tomorrow./
NATIONAL ENERGY E EB.GENCY ACT
Committee on Intersta and Foreign Commerce.' Con-
tinued markup of .R. 11450, National Energy
Emergency Act, aI will resume markup tomorrow.
MOTOR VEHI E STANDARDS
Committee s interstate and Foreign Commerce: Sub-
, committe- on Public Health and Environment con-
cluded ersight hearings on new motor vehicle Stand-
ards ad fuel economy with testimony from an
a istration witeess.
ENDMENT OF CONTRACTS
"Committee on Merchant Marine and Fisheries: ,Held
a hearing on H.R. 1.1223, to authorize amendment of
contracts relating to the exchange of certain vessels
for conversion and operation in unsubsidized service
between the west coast of the United States and the
territory of Guam. Testimony was heard from Guam
Delegate Won Pat; Department and public witnesses.
Hearings were adjourned subject to call.
FORD CONFIRMATION
Committee on Rules: Granted a rule waiving the pro-
visions of clause 27(d) (4) of rule XI and providing 6
hours of general debate on H. Res. 735, con6rming the
nomination of Gerald R. Ford, of the State of Michigan,
to be Vice President of the United States. Testimony
was heard from Chairman Rodino and Representatives
Hutchinson, Edwards of California,Nbzug, and
Holtzrnan.
FOREIGN ASSISTANCE APPROPRIATIONS
Committee on Rules: _Granted a rule waiving all points
of order against H.R. 11771, making appropriations
for foreign assistance and relaied programs for the
fiscal year ending June 30, 1974. Testimony was heard
from Chairman Mahon and Representatives Pass-man
and Shriven
U.S.-U.S.S.R. SCIENCE AND TECHNOLOGY
TRANSFER
Committee on Science and Astronautics: SubcOmmit-
tee on International Cooperation in Science and, Space
continued hearings on science and advanced technol-
ogy transfer between the United States and the Soviet
Union. Testimony was heard from Dr. Lowell W.
Steele, General Electric Co., Schenectady, N.Y.; j. Fred
Bucy, Jr., Texas Instruments, Inc., Dallas, Tex.; and
Dr. Doug N. Stevens, Earth Sciences, Inc., Golden, Colo.
Hearings continue tomorrow.
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iv, 197 CONGRESSIONAL RECORD?SENATE S 3727
? Mr. CANNON. Mr. President, I ask The PRESIDING OFFICER (Mr. HtM-
DLEsroN). The bill will be stated by title.
The assistant legislative clerk read as
follows:
A bi,11 (S. 1549 to provide for the reform
of congressional procedures with respect to
the enactment of fiscal measures; to provide
ceilings on Federal expenditures and the na-
tional debt; to create a budget committee in
each House; to create a congressional Office
of the Budget; and for other purposes.
The PRESIDING OFFICER. Is there
objection to the present consideration of
the bill?
There being no objection, the Senate
proceeded to consider the bill, which had
been reported from the Committee on
Government Operations with an amend-
ment and from the Committee on Rules
and Administration with amendments,
as follows:
The amendment of the Committee on
Government Operations was to strike out
all after the enacting clause and insert:
That (a) this Act may be cited as the "Fed-
eral Act To Control Expenditures and Es-
tablish National Priorities".
(b) The Congress declares that because it
Is imperative to establish national goals and
priorities for maximum utilization of Fed-
eral expenditures, and because it is impera-
tive for the Congress to regain effective con-
trol over the budgetary process so it may
determine those priorities, therefore it is
deemed necessary?
(1) to establish a congressional budgeting
system which facilitates establishment of
national goals and priorities to meet the
needs of a modern society and economy,
(2) to create budget committees with re-
sponsibility to oversee and establish fiscal
guidelines for the proper implementation of
national goals and priorities, and
(3) to develop a means for a constant and
systematic review of existing programs to be
certain that they are achieving the national
objectives for which they were created.
DEFINITIONS
SEC. 2. For purposes of this Act?
(1) The terms "budget outlays" and "out-
lays" mean, with respect to any fiscal year,
expenditures of funds under budget author-
ity during the fiscal year.
(2) The term "budget authority" means
authority provided by law to enter into ob-
ligations which will result in immediate or
furture outlays.
(3) The term "tax expenditures" means
those revenue losses attributable to provi-
sions of the Federal tax laws which allow
a special exclusion, exemption, or deduc-
tion from gross income or which provide a
special credit, a preferential rate of tax,
or a deferral of tax liability representing a
deviation from the normal tax structure for
individuals and corporations. The term "tax
expenditures budget" means the enumera-
tion of such tax expenditures as published by
the House Ways and Means Committee in
"Estimates of Federal Tax Expenditures".
Such enumeration shall correspond to the
functional classifications shown in the most
recent budget of the United States.
(4) The term "permanent budget author-
-......imnolli ity" means budget authority which becomes
available from time to time without fur-
ther action by the Congress.
(5) The term "concurrent resolution on
the budget" means a concurrent resolution
referred to in section 301 or 302.
TITLE I?ESTABLISHMENT OF SENATE
AND HOUSE BUDGET COMMITTEES
BUDGET COMMITTEE OF TIM SENATE
Sze. 101. (a) Paragraph 1 of rule XXV of
the Standing Rules of the Senate is amended
by adding at the end thereof the following
new subparagraph:
"(r) (1) Committee on the Budget, to
unanimous consent that the committee
amendments be considered en bloc.
There being no objection, the amend-
ments were agrCed-to en bloc.
The resolution, as amended, was
agreed to, as follows:
Resolved, That, In holding hearings, re-
porting such hearings, and making investiga-
tions as authorized by sections 134(a) and
136 of the Legislative Reorganization Act of
1946, as amended, in accordance with its
jurisdiction unt.er rule XXV of the Standing
ules of the Senate, the Committee on Bank-
g, Housing and Urban Affairs, or any sub-
mmittee thereof., is authorized from
rch 1, 1974, through February 28, 1975,
tothe purpose stated and within the limi-
a ons imposed by the following sections,
In ts discretion (1) to make expenditures
fro" the contingent fund of the Senate, (2)
to e ploy personnel, and (3) with the prior
cones 't of the Government department or
agenc concerned and the Committee on
Rules. nd Administration, to use on a re-
imburS le basis the services of personnel
Of any ch department or agency.
SEC. 2 he Committee on Banking, Hous-
ing and ban Affairs, or any subcommittee
thereof, i authorized from March 1, 1974,
through F; .ruary 28, 1975, to expend not to
exceed $8:.,500 to examine, investigate,
and mate a complete study of any and all
matters pert? ining to each of the subjectsset forth b. .w in succeeding sections of
this resolutio said funds to be allocated
to the respecti specific inquiries in accord-
ance with such succeeding sections of this
resolution.
SEC. 3. Not t exceed $336,000 shall be
available for a at dy or investigation of?
(1) banking an currency generally;
(2) financial ai to commerce and in-
dustry: .
(3) deposit insure e;
(4) the Federal Re rve System, Including
monetary and credit p ? icies;
(5) economic stablliz tion, production, and
mobilization;
(6) valuation and revel ation of the dollar;
(7) prices of comma' ities, rents, and
services; ,
(8) securities and eicha e regulations;
(9) credit problems of sin 11 business; and
(10) international finance through agen-
cies Within legislative juria iction of the
committee. ,
Bic. 4, Not to exceed $220 00 shall be
available for a study or Inv tigation of
public and private housing and ban affairs
generally.
SEC. 5.1ot to exceed $130,000 she be avail-
able or an inquiry and investiga ion per-
taining to the securities industry.
Svc. 6, The committee Shall report find-
ings, together with such mem:timer:. ations
for legislation as it deems advisabl_ with
respect to each study or investigatio for
Which expenditure is authorized by this so-
lution, to the Senate at the earliest p c-
N ticable date, but not later than February 8,
1076, . ,
SEC. '7. Expenses of the committee un,de
this resolution shall be paid from, the con-
tingent fund of the Senate upon vouchers
approved by the chairman of the committee.
Ffo.,/
r.EDERAIJ ACT TO CONTROL EX-
NATIONAL PRIORITIES
PENDITTJRES A,ND ESTABLISH
Mr. ROBERT C. BYRD. Mr. President,
. r the purpose of laying it before the
Senate and making it the pending busi-
ness, so that it will be the unfinished
business upon the Senate's return, I ask
unanimous consent that the Senate pro-
,crieL to the consideration of Calendar
Nii.-664, S. 154.
,
which committee shall be referred all
proposed legislation, messages, petitions,
memorials, and other matters relating to
the following subjects:
"(A) The establishment of limitations on
total budget outlays and on total new
budget authority of the United States
Government.
"(B) The establishment of appropriate
levels of budget outlays and new budget au-
thority for each committee of the Senate
which has jurisdiction over legislation pro-
viding budget authority, based on allocations
of the total budget outlays and total new
budget authority referred to in clause (A),
and the further subdivision of such alloca-
tions among the subcommittees of such com-
mittees or on the basis of major program
groupings. In carrying out this function, the
committee shall review and consider existing
tax expenditures in each area of allocation
and subdivision.
"(0) The determination of the amount,
if any, by which budget outlays should ex-
ceed revenues, or revenues should exceed
budget outlays, considering economic con-
ditions and all other, relevant factors.
"(D) The determination of the appropriate
level of Federal revenues and the appropriate
level of the public debt of the United States.
"(E) The determination of the amount, if
any, by which the aggregate level of Federal
revenues should be increased or decreased
and the statutory limit on the public debt
should be increased or decreased.
"(F) The determination of the existing
levels of tax expenditures (the tax expendi-
tures budget), and consideration of their
effect on Federal revenues and their rela-
tionship to the matters set forth above.
"(G) The determination of the extent, if
any, to which section 401 of the Federal Act
To Control Expenditures and Establish Na-
tional Priorities is to apply.
"(2) Such committee shall have the duty?
"(A) to report during each regular ses-
sion of Congress at least one concurrent re-
solution dealing with the matters specified
in clauses (A) through (0) of subparagraph
(1), utilizing, in connection with the report-
ing of each such concurrent resolution, the
reports of the Joint Economic Committee
made under section 301(b) of the Federal
Act To Control Expenditures and Establish
National Priorities,
"(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 make continuing studies of tax
expenditures and methods of coordinating
the categories of tax expenditures policies
and programs and 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 of its functions and duties by the
Congressional Office of the Budget."
(b) The table contained in paragraph 2 of
rule XXV of the Standing Rules of the Sen-
ate is amended by inserting after?
"Banking, Housing and Urban Affairs__ 15"
the following:
"Budget 15".
(c) Each meeting of the Committee on the
Budget of the Senate, or any subcommittee
thereof, including meetings to conduct hear-
ings 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 MSC may be, deter-
mines 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 de-
fense or the confidential conduct of the for-
eign relations of the United States;
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S 3728 CONGRESSIONAL RECORD?SENATE
(2) will relate solely to matters of commit-
tee staff personnel or internal staff manage-
ment 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 in-
former of law enforcement agent or will dis-
close any information relating to the investi-
gation or prosecution of a criminal offense
that is required to be kept secret in the in-
terests of effective law enforcement; or
(6) will disclose information relating to
the trade secrets or financial or commercial
information pertaining specifically to a given
person if?
(A) an Act of Congress requires the in-
formation to be kept confidential by Gov-
ernment 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 competi-
tive position of such person.
(d) Paragraph 7(b) of rule XXV 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.
BUDGET COMMITTEE OF THE HOUSE OF
REPRESENTATIVES
SEC. 102. (a) Clause 1 of rule X of the
Rules of the House of Representatives is
amended by redesignating paragraphs (e)
through- (u), inclusive, as paragraphs (f)
through (v), respectively, and by ioserting
after paragraph (d) the following new pant-
graph:
"(e) Committee on the Budget, to consist
of ? members."
(b) Rule n'a a the Rules of the House of
Representatives is amended by redesignating
clauses 5 through 33, inclusive, as clauses 6
through 34, respectively, and by inserting
after clause 4 the following new clause:
"5. Committee on the Budget.
"(a) The establishment of limitations on
total budget outlays and on total new budget
authority of the United States Government.
"(b) The -establishment of appropriate
levels of budget outlays and new budget au-
thority for each committee of the House
which has jurisdiction over legislation pro-
viding budget authority, based on allocations
Of the total budget outlays and total new
budget authority referred to in paragraph
(a), and the further subdivision of such al-
locations among the subcommittees of such
committees or on the basis of major pro-
gram groupings. In carrying out this func-
tion, the committee shall review end eon-
Bider existing tax expenditures in each area
of allocation and subdivision.
"(c) The determination of the amount, if
any, by which budget outlays should exceed
revenues, or revenues should exceed budget
outlays, considering economic conditions and
all other relevant factors.
"(d) The determination of the appropriate
level of Federal revenues and the appropriate
level of the public debt of the United States.
"(e) The determination of the amount, if
ally, by which the aggregate level of Federal
revenues should be increased or decreased
and the statutory limit on the public debt
should be increased or decreased.
"(f) The determination of the existing
levels of taX.expenditures (the tax expendi-
tures budget), and consideration of their
elect on Federal revenues and their relation-
ship of the matters set forth above,
(g) The determination of the extent, if
any, to which section 44)1 of the Federal Act
To Control Expenditures and Establish Na-
tional Priorities is to apply.
"(Ii) The committee shall have the duty?
"(1) to report during each regular session
of Congress at least one concurrent resolu-
tion dealing with the nutters specified in
paragraphs (a), (b), (c), (d), (e), (f), and
(9), utilizing, in connection with the report-
ing of each such concurrent resolution, the
reports of the Joint: Economic Corrunittee
made under section 301(b) of the Federal
Act To Control Expenditures and Establish
National Priorities,
"(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 make continuing studies of tax
expenditures and methods of coordinating
the categories of tax expenditures policies
and programs and 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 of its functions and duties by the
Congressional Office of the Budget."
TITLE II?CONGRESSIONAL .OFFICE OF
THE BUDGET
ESTABLISHMENT OIF OFFICE
SEC. 201. (a) IN Genes:see?There is here-
by established an office of the Congress to be
known as the Congressional Office of the
Budget (hereafter in this title referred to
as the "Office"). The Office shall be headed
by a Director and there shall be in the Office
a Deputy Director who shall perform such
duties as may be assigned to him by the
Director and, during the absence or incapac-
ity of the Director or during a vacancy ID
that office, shall act as the Director. Both
the Director and Deputy Director shall be
appointed by the Speaker of the House of
Representatives and the President pro tern-
pore of the Senate With the approval of the
Senate and the House or Representatives,
given by resolution of each House. The Di-
rector and Deputy Director shall each serve
at the pleasure of the Senate and the House
of Representatives and may be removed by
either House by resolution. The Director and
Deputy Director shall each be appointed
without regard to political affiliation and
solely on the basin of his fitness to perform
his duties. The Director shall receive the
same compensation as the Comptroller Gen-
eral of the United States, and the Deputy
Director shall receive compensation at the
highest rate of basic pay payable under the
General Schedule or section 5332 of title 5,
United States Code.
(b) Pertscneeret.?The Director shall ap-
point and fix the compensation of such pro-
fessional, technical, clerical, and other per-
sonnel as may be necessary to carry out the
duties and functions of the Office. All per-
sonnel of the Office shall be appointed with-
out regard to political affiliation and solely
on the basia.of their fitness to perform their
duties. The Director may delegate to person-
nel of the Office authority to perform any of
the duties and functions imposed by this
Act on the Office or on the Director. For pur-
poses of benefits, eights, and privileges other
than pay, the Director and Deputy Director
shell be treated as if they were employees of
the Senate. All other persennel of the Office
shall be treated as if they were employees
of the House of Representatives.
(0) EXPERTS AND CONSULTANTS.?In carry-
ing 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 contra-
tors, or or in the case of individual experts or
consultants by employment at rates of pay
not in excess of the daily equivalent of the
March 13, 1.974
highest rate of basic pay payable under the
General Schedule of section 5332 of tilde 5,
United States Code.
(d) RELATIONSHIP TO EXECUTIVE BRANCH.?
() SECURING or serronatereene, ere.--The
Director is authorized to secure alleinfcrrna-
tion, data, estimates, and statistics devel-
oped by the various departments, agencies,
and establishments of the executive branch
of the Government and regulatory agencies
and commissions of tire Government ill the
normal course of their operations and activi-
ties. All such departments, agencies, and
establishments and regulatory agencies and
commissions shall cooperate with the Direc-
tor by furnishing to him that material which
he determines to be necessary in the per-
formance of his duties and functions.
(2) UTILIZATION OF SERVICES, ETC.?In
carrying out the duties and functions of the
Office, the Director may, as agreed upon with
the head of any department, agency, or
establishment of the executive branch of
Government or regulatory agency or commis-
sion of the Government, utilize the services,
facilities, and personnel of such department,
agency, or establishment or such regulatory
agency or commission. The utilization of
such services, racilitierl, and Personnel. may
be with or without reimbursement by the
Office as may be agreed to.
( 3) FURNISHING INFORMATION, seelvicrs.
eec.--The head of each department, agency.
and establishment in the executive branch,
or regulatory agency or commission, is au-
thorized to provide the Office such services.
facIlities, and personnel under this
subsection.
(e) RELATIONSHIP TO OTHER AGENCIES OF
CONGRESS.?
(1) COORD/NATION OF OPERATIONS.?The Of-
fice, the General Accounting Office, the Li-
brary of Congress, and the Office of Technol-
ogy Assessment shall fully coordinate and
-cooperate in planning and conducting their
operations to utilize most effectively the in-
formation, services, and capabilities of all
congressional agencies in carrying out the
various responsibilities . assigned to each
agency.
(2) OBTAINING INFORMATION, ETC.?In
carrying out duties and functions of the Of-
fiee, the Director is authorized to obtain all
information, data, estimates, and statistics
developed by the General Accounting Office.
the Library of Congress, and the Office of
Technology Assessment in the normal course
of their operations and activities. Requests
for information, and the compliance with
such requests, pursuant to this subsection
shall be in accordanee with procedures to be
developed and agreed upon between the Di-
rector and the Comptroller General, the Li-
brarian of Congress, and the Technology
Assessment Board, respectively.
13 UTILIZATION OF SERVICES, ETC?In, carry-
ing mit the duties and functions of the Office.
the Director may, as agreed upon with the
Comptroller General, the Librarian of Con-
gress, and the Technology Assessment Board,
utilize the services, facilities, and personnel
of the General Accounting Office, the Library
of Congress, and the Office of Technology
Assessment, as the case may be The utiliza-
tion of such services, facilities, and person-
nel may be with or without reimbursement
by the Office as may be agreed to.
(4) FURNISEING OF INFORMATION, SERVICES,
en..?The Comptroller General, the Librarian
of Congress, and the Techeology Assesement
Board are authorized- to provide the Office
such services, facilities, and personnel under
this: subsectioa.
:5) EXISTIEDI AUTHORITIES NOT OTHERWISE
eoren.?Except as otherwise specifically
provided, nothing in this title shall he con-
SI; ued as modifying any existing authorities
or responsibil:.ties of the General Account-
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CONGRESSIONAL RECORD?SENATE
ing Office, the Library of Congress, and the
Office of Technology Assessment.
(f) ApPeorawnows.?There are hereby au-
thorized to be_appropriated to the Office for
each fiSCal year such BUMS as may be neces-
sary to enable it to carry out its duties and
-fUnctions. Until sums are first appropriated
to the Office pursuant to the preceding sen-
tence, the expenses of the Office shall be
paid, upon vouchers approved by the Direc-
tor, from the contingent fund of the House
of Representatives.
DTTI./ES AND FUNCTIONS
SEC. 202. (a) ASSISTANCE TO BUDGET COM-
M/TTEES.?It shall be the duty and function
of the Office to provide to the Committee on
the Budget of both Houses information with
respect to the budget, appropriation bills,
? other bills authorizing or providing budget
authority or tax expenditures, and with re-
spect to revenues, receipts, estimated fu-
ture revenUes and receipts, and changing
revenue _conditions. The Office shall also pro-
vide to the Committee on the Budget of
either House such other related information
as such committee may request. At the re-
quest of the Committee on the Budget of
either House, personnel of the Office shall
be assigned, on a temporary basis, to assist
such Committee.
(b) ASSISTANCE TO OTHER COMMITTEES AND
MEMBERS.?At the request of any other com-
mittee of the Senate or the House of Repre-
sentatives, any joint committee of the Con-
gress, or any Member of the Senate or the
House, the Office shall provide to such com-
mittee, joint committee,, or Member any in-
formation compiled in carrying out the first
sentence of subsection (a) and shall, to the
extent practicable, provide other information
requested with respect to the budget, appro-
priation bills, other bills authorizing or
providing budget authority_ or tax expendi-
tures, and with respect to revenues, re-
ceipts, estimated future revenue and recipts,
changing revenue conditions, and related in-
formation. At the request of any such coran
mittee, joint committee, or Member, person-
nel of the Office may be assigned, on a tem-
porary basis, to assist such committee, joint
committee, or Member with respect to mat-
ters directly related to the items enumerated
in the preceding sentence.
(C) TRANSFER OF FUNCTIONS OF JOINT COM-
MITTEE ON REDUCTION OF` FEDERAL EXPENDI.*
TURES.?The duties and functions of the
Joint Committee on Reduction of Federal
Expenditures are transferred to the Office,
and the Joint Committee is hereby abolished.
(d) REPORT ON REVENUES AND BUDGET OM-.
LATs.?On or before May 1 of each year, and
based on his estimates of revenues expected
to be received by the United States Govern-
ment during the fiscal year beginning on
October 1 of such year, the Director shall
report to the Congress with respect to al-
ternative levels of revenues and Outlays for
such fiscal year. Such report shall also set
forth the existing levels of tax expenditures
(the tax expenditure budget) and an esti-
mate, based on projected economic factors,
of any anticipated change in the level of tax
expenditures for such fiscal year. The Direc-
tor may at any time thereafter submit sub-
seqUent reports to the Congress revising the
report required by this subsection.
(e) PROJECTION or REVENUES AND BUDGET
OUTLAYS.?The Director shall develop infor-
mation with respect to the effect of existing
laws on revenues and existing authorizations
and budget authority on outlays during the
current fiscal year and the ensuing four fiscal
years. Such information shall include the
effect of tax eXpenditures on revenues and
outlays, and the effect of existing laws and
existing authorizations and budget authority
on tax expenditures.
(f) USE OF COMPTJTERS AND OTHER TECH..
NnauEs.?The Director may equip the Office
with up-to-date computer capability, obtain
the services of experts and consultants in
computer technology, and develop techniques
for the evaluation of budgetary require-
ments, including the establishment of data
files as required by section 902 of this Act.
PUBLIC ACCESS TO BUDGET DATA
SEC. 203. (a) RIGHT To INSPECT AND COPY.--
Except as provided in subsections (c) and
(d), the Director shall make all information,
data, estimates, and statistics Obtained un-
der sections 201(d) (1) and 201(e) (2) avail-
able for public inspection and copying dur-
ing normal business hours. To the extent
possible, he shall at the request of any per-
son, furnish a copy of any such information,
data, estimates, or statistics requested, upon
payment by such person of the cost of mak-
ing 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 busi-
ness hours.
(c) ExcEprioNs.?Subsection (a) shall not
apply to information, data, estimates, and
statistics?
(1) which are specifically exempted from
disclosure by Act of Congress; or
(2) which the Director determines will dis-
close?
(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 the trade Se-
crets 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 Government financial or other
benefit, and is required to be kept secret in
order to prevent undue injury to the com-
petitive 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 informa-
tion have been excised.
(d) INFORMATION OBTAINED FOR COMMIT-
TEES AND MEMBERS.?Subsection (a) shall ap-
ply to any information, data, estimates, and
statistics obtained at the request of any
committee or Member of the Senate or the
House of Representatives, or any joint com-
mittee of the Congress, unless the commit-
tee, Member, or joint committee making the
request has instructed the Director not to
make such information, data, estimates, or
statistics available for public inspection and
copying.
TITLE III?CONGRESSIONAL BUDGET
PROCESS
The timetable with respect to the con-
gressional budget process for any fiscal year
shall be as follows:
On or before: Action to be completed:
December 1 Current services budget
to be sumbitted.
February 1 President's budget to be
submitted.
April 15 Joint Economic Com-
mittee reports, and
Joint Committee on
Internal Revenue
Taxation, appropria-
tions, taxing, and
other committees
submit estimates, to
Budget Committees.
May 1 Congressional Office of
the Budget submits
report to Congress.
May 31 Congress completes ac-
tion on legislation
authorizing enact-
-anent of new budget
authority.
S 3729
June 1
Budget Committees re-
port first concurrent
resolution on the
budget.
June 20 Each House completes
action on first con-
current resolution on
the budget.
July 1
Congress completes ac-
tion on first concur-
rent resolution on the
budget.
September 20 Congress completes ac-
tion on legislation
providing new budget
authority.
September 30 Congress completes ac-
tion on ceiling en-
forcement bill.
October 1 Fiscal year begins.
ADOPTION OF CONCURRENT RESOLUTION
SEC. 301. (a) ACT/ON TO BE COMPLETED BY
JuLT 1.?On or before July 1 of each year,
the Congress shall complete action on a
concurrent resolution setting forth for the
fiscal year beginning on October 1 of such
year?
(1) TOTAL BUDGET OUTLAYS AND TOTAL NEW
BUDGET Aulnoarry.?Limitations on total
budget outlays and total new budget
authority:
(2) ALLOCATIONS OF ToTALs.?Appropriate
levels of budget outlays and new budget
authority for each committee of the Senate
and House which has jurisdiction over legis-
lation providing budget authority, based on
allocations of the total budget outlays and
total new budget authority, which alloca-
tions may be further subdivided among the
subcommittees of such committees or on
the basis of major program groupings;
(3) ESTIMATED aavENuEs.?Estimated rev?
enue receipts and their major sources;
(4) RECOMMENDED SURPLUS OR DEFICIT.?
The amount, if any, by which revenues
should exceeed budget outlays, or by which
budget outlays should exceed revenues, con-
sidering economic conditions and all other
relevant factors;
(5) TAX EXPENDITURES BUDGET.?The exist-
igngorielesv; els of tax expenditures (the tax ex-
penditures budget) by major budget cate-
gories;
LEVEL OF TOTAL REVENUES AND TOTAL
DEBT.?The appropriate level of Federal rev-
enues and the public debt;
? (7) RECOMMENDED CHANGE IN REVENUES.?
The amount, if any, by which the aggregate
level of Federal revenues should be increased
or decreased by legislation to be reported
by the appropriate committees;
(8) RECOMMENDED CHANGE IN PUBLIC DEBT
Lxmir.?The amount, if any, by which the
statutory limit on the public debt shoud be
increased or decreased by legislation re-
ported by the appropriate committees; and
(9) SPENDING BILLS TO SPECIFY OUTLAYS.?
The extent (if .any) to which section 401
(relating to requirement that budget au-
thority legislation contain limitation on out-
lays) shall apply for the fiscal year.
(b) REPORTS BY JOINT ECONOMIC COMMIT-
mre.?On or before April 15 of each year, the
Joint Economic Committee shall report to
the Committee on the Budget of both Houses
its recommendations as to the fiscal policy
appropriate to the goals of the Employment
Act of 1946, including where appropriate
recommendations with regard to major cate-
gories of new budget authority and budget
outlays. The joint committee shall also, from
time to time, report to the Committees on
the Budget of both Houses such other recom-
mendations as it deems advisable.
? (C) VIEWS AND ESTIMATES OF OTHER COM-
MITTEES.?On or before April 15 of each year,
the Committees on Appropriations and
Finance of the Senate shall submit their
views and estimates to the Committee on
the Budget of the Senate, the Committees
on Appropriations and Ways and Means of
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the House . or Representatives shall submit
their views wad estienetes to the Committee
on the Budget of the House, and the Joint
Committee oh Internal Revenue Taxation
shall submit their views and estimates to
the Commitenes on the Budget of both
Houses, with respect to all matters set forth
in subsection (a) which relate to matters
within the respective juriedictions or func-
tions of such committees and joint com-
mittees. Any other committee of the Senate
or House 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 jurisdic-
tion or function.
(d) Reeoelnee.?On or before June of
each year, the Committee on the Budget of
each House shall report to its House a con-
current resolution on the budget referred to
in subsection (a) for the fiscal year begin-
ning on October 1 of such year. The report
accompanying such concurrent resolution
shall include, but not be limited to--
(1) a comparison of revenues and major
sources thereof as estimated for the purposes
of such concurrent resolution with those
estimated in the budget submitted by the
President;
(2) a comparison of the limitations on
total budget outlays and total new budget
authority set forth in such concurrent reso-
lution with total budget outlays estimated
and total new budget authority requested
in the budget submitted by the President;
(3) the tot:monde assumptions and pro-
gram objectives which underlie the limita-
tions, appropriate levels, estimates, deficits,
or surpluses, and levels of revenue and pub-
lic debt set forth in -such concurrent resolu-
tion, and the alternative economic assump-
tions and program objectives which the
committee cwnsidered in formulating such
concurrent monition;
(4) specific pmjections, not limited tc.
the following, for the next five fiscal years,
of?
(A) the estimated levels of total budget
outlays and new budget authority for each
fiscal year in such period,
(11) theestimated revenues to be received
arid the major sources thereof, and the esti-
mated surplus or deficit, if any, for each
fiscal year in such period, based upen such
estimated revenues and tlee estimated levels
of total budget outlaer and new budget
authority set forth pursuant to subpara-
graph (A.), and
(C) the estimated levels of tax expendi-
tures by major budget categories; arid
(5) an explanation of any significant
changes in the proposed levels of Federal
assistance to State and local governments.
Such report shall also contain the recom-
mendations of the Joint Economic Commit-
tee as repeated pursuant to subsection (b)
and the separate views of other corernittees
and joint committees as submitted pursuant
to section (c).
e) FLOOR Actrion.?On or before June 20
of each year, each Rouse shall complete ac-
tion on a concurrent resolution on the
budget refereed to in Subsection (al for the
fiscal year beginning on October 1 of such
year (except for action on any conference
report on such concurrent resolution).
(f) Emmy OF CERTAIN ADJOITENAffENTS --
Whenever after June 1 of any year, either
House Is not in session because or an ad-
journment or recess more than three days
to a day Certain., then in applying subsec-
tion (e) to such House, there shall be sub-
seituteel for June 20 that date which follows
June Wj by the same number of days (net
exceeding seven in the aggregate) as the
number of days after June 1 and before
dune dal; on which such House was not in
weasion because of any such adjournment or
MBES&
(g) EXTENSTON *nue SPECIFIED DATE FALLS
ON SATURDAY, SUNDAY, OR HOLIDAY .?When
any date specified in subsection (d) or (e)
(as modified by subsection (f)) falls on a
Saturday. Sunday.. or legal holiday in the
District of Columbia in any year, there shall
be Substituted for that date the next suc-
ceedin.g date which la not a Saturday. Sun-
day, or legal holiday in the District of
Columbia.
(h) EFFECT OF FAILURE TO ADOPT C014CUR-
BENT RESOLUTION liT JULY 1.?If the Con-
gress fails to complete action on the con-
current resolution on the budget referred to
in subsection (a) on or before July 1 of any
year, then, until such action is completed?
(1) IX each House has agreed to such a
concurrent resolution, the figure for each
matter set forth pursuant to paragaraph (2)
of subsection (a) for the fiscal year shall be
deemed to be the lower figure contained in
the concurrent resolution agreed to by
-either House, and the limitations on total
outlays and total new budget authority set
forth pursuant to paragraph (1) of such
subsection shall be- the sums of such lower
figures;
(2) if one House has agreed to such a con-
current resolution, tee figures for the mat-
ters set forth pursuant to subsection (a)
for the fiscal year :hall be deemed to be the
figures contained La that concurrent resolu-
tion; and
(3) if neither House has agreed -to such a
concurrent -resolution, the _figures for the
matters set forth pursuant to subsection (a)
for the fiscal year shall be deemed to be the
respective figures therefor sit forth in the
budget submitted fer the fiscal year pur-
suant to section 201(d) or the Budget and
Accounting Act, 1921 (31 U.S.C. 11), as
added by section 801 of this Act.
For any period for which paragraph (1), (2).
or (3) applies, there shall be deemed to have
been adopted a concurrent resolution on the
budget referred to in this section which
contains the figures referred tO in the ap-
plicable paragraph.
ADDITIONAL C.S.ONCURRYNT RESOLUTIONS ON Till:
BUDGET
sEc? 302. (a) REQUIRED REAFFIRMATION os
REVISION.?Whell required under section
309(d), the Committee on the Budget of each
House shall report A concurrent resolution
which reaffirms or revises the concurrent res-
olution adopted pursuant to section 301 for
a fiscal year, or, if a concurrent resolution
for such fiscal year has been adopted pure.
silent to subsection (b), which reaffirms or
revises the most recently adopted concur-
rent resolution on the budget for such fiscal
year.
(h) PERMISSIBLE nevi's/oleo?At any time
after the concurrent resolution for a fiscal
year has been adopted pursuant to section
301, and before the nose of such fiscal year,
the two Houses may adopt a concurrent res-
olution on the budget which revises the most
recently adopted concurront resolution on
the budget for such fiscal year.
RULES FOR CONSIDERATION OF CONCURRENT
RESOLUTIONS op THE BUDGET
SEC. 303. (a) P1LOCEDuRF AFTER REPORT OF
COMMITTEE.?
(1) A concurrent resolution on the budget
reported in either House shall be highly priv-
ileged. It shall be in order at any time after
the third day follow:mg the day on which the
report accornpna,yine such 0, concurrent res-
olution is available -to move to proceed to its
consideration (even though a previous mo-
tion to the same effect has been disagreed
to). Such a motion :than be highly privileged
and shall not be debatable. An amendment
to the motion shall not be in order, and it
shall not be in order to move to reconsider
the vote by which 'the motion is agreed to
or disagreed to.
(2) Debate On any concurrent resolution
on tee budge; and all amendments thereto,
shall be limited to not more than one hun-
dred hours (twenty hours, m the ease of a .
concurrent resolution reported after recom-
mittal pursuant to section e04(c ). Geueral
debate shall be divided equally betereen the
majority and minority parties. Debate on any
amendment shall be limited to not More
their four hours, which shall be equally di-
vided between those favoring and those
opposing the amendment. A motion further
to limit debate is not debetable. A motion
to recommit the concurrent resolution is not
in order, and it is not in order to move to
reconsider the vete by which the concurrent
resceution is agreed to or disagreed to. An
amendment to a enneurrerit resolution re-
ported aftee recommittal pursuant to section
304(c) shall be :1). order clay if it is in Order
under section 304 (f ).
(b) Decisions Wieraoue DEBATE ON MOTION
TO POSTPONE CR PROCEED,----
(U Motions to postpone, made with respect
to the consideration of any concurrent ,reso-
lution on the budget, and motions to proceed
to the consideration of other business, shall
be decided without debate.
(2) Appeals from the decisions of the Chair
rebeeng to the application of the rules Of the
Senate or the Reuse of Representatives, ns the
case may be, to the procedi ire relating to any
concurrent resolution on the budget shell be
decided without debate.
(c ) Preocentrice +AFTER PASSAC;E By ONE
Hot se.?If, prior to the pane-Age by one Rouse
of a concurrent resolution of that House, that
House receives :e-ore the other House a con-
current resolution of such other House,
then--(!.)the procedure with respect to the con-
current resolution of the first House shall be
the same as if no concurrent resolution from
the other House had been received; but
en on any vote on final passage of the
cons urrent resolution fruni the other House
shall be automatically substituted.
('f) ACTTON ON CONFERENCE REPoRTS.?
(11 The conference report on any con-
current resolution on the budget shall be
higely privileged 'in each House. It shall
be in order at any time atter the third day
following the day on which such a conference
report is reported and is available to move to
proceed to its considersition (even though
a previous moelon to the same effect; has
been disagreed to). Such a motion shall be
highly privileged and shall not be debatable.
An amendment to the motion shall not; be in
order, and it snail not be in order to 'move
to -econsider the vote by which the motion
is agreed to or disagreed to.
(2) Debate on the conference report, shall
be limited to not more than ten hours, which
shall be divided equally between those favor-
ing and those opposing the conference report.
A motion to reconnintt the conference report
she et not be in order and it shall not 'be in
order to move to reconsider the vote by
which the conference report Is agreed- to or
disagreed to.
(3) Motions to postpone, made with re-
spect to the consideration of such confer-
ence report and motions to proceed to the
consideration of other liesiness, shall be
der ided without debate.
N) Appeals from decieiens of the Chair
relating to the application of The rules of
the Senete or the House or Representatives,
as the case may be, to the procedure relating
to such conference report shall be decided
without debate.
FLOOR AMENDMENTS TO CONCURRENT
RESOLUTIONS ON 'YliE BUDGET
BEC. 304. (a) INITIAL FLOOR CONSIDERA-
TioN.?During the consideration in either
Rouse of any concurrent resolution an the
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budget, an amendment shall not 'be in order
unless?
(1) it is germane,
(2) there has been made available an
analysis prepared by the Director of the
Congrestional Office of the Budget which sets
forth "theiffect lir any) which such amend-
Ment Would. have on both budget outlays
and new budget authority, on revenues if
appropriate, and
(3) in the case of an amendment to a con-
'current resolution on the budget which has
been reported after recommittal pursuant to
subsection (c), it is in order under sub-
section (f) .
Paragraph (2) shall not apply to any
amendment i at the time such amendment
Is proposed, 'tile Member proposing such
amendment ,states that an analysis was re
quested (giving the date of such request),
but has not been received, from the Direc-
tor of the Congressional Office of the Budget.
(b) FLOOa Mut tiritartrrs ALWAYS IN ORDER
TO MAKE CONeURKENT RESOLUTION Con-
arszt.ter.?NotWithstanding any other rule
(other than those prOvided in this section),
an arnerielnient,-br series Of amendments, to
a erineurrent 'resolution on the -budget pro-
posed in either the Senate or the Mouse of
Representatives?shall alWayla be in order if
such amendment Or series of amendments
proposes to ohange any figure or figures then
contained in such concurrent resolution so
that such concurrent resolution would (if
such amendment or series of amendments
were adopted) not be consistent within the
meaning of subsection (d).
(C) PROCEDURE; IF FLOOR AMENDMENTS MAKE
'CONCURRENT RESOLtTION INCONS/STENT.?If
after all amendments proposed to a con-
current resolution on the budget have been
considered, such concurrent resolution is
Inconsistent within the meaning of subsec-
tion (d), it shall be recommitted by the
presiding officer, without further motion, to
the Committee on the Budget with instruc-
tions to report such concurrent resolution
back to the Senate or the House of Repre-
sentatives, as the case may be, within three
days (not counting any day on which that
House is not in session) in a form which
meets the requirenients of subsection (e).
(d) MEANING OF IncoNsisrExcv.?Tor pur-
poses of this section, a concurrent resolu-
tion on, the budget is inconsistent if, with
respect to the figures described in and set
forth pursuant to section 301(a) ?
(1) with respect to budget outlays or new
budget authority, the sum of the allocation
of totals does not equal total budget out-
lays or total new budget authority, as the
ease may be, or
(2) the appropriate level of total revenues
less the recommended surplus or plus the
recommended deficit does not equal the total
budget outlays, or
{3) the estimated revenues combined with
the change in revenuei does not equal the
appropriate level of total revenues, or
(4) the change in pnblic debt limit is not
sufficient to allow implementation of the
appropriate level of total debt, or
(5) any combination of (1), (2), (3), and
(4) above.
(e) ACTION By BUDGET COMMITTEE AFTER
RscomanrrAL.?When a concurrent resolu-
tion on the budget is recommitted to the
Committee on the Budget of the Senate or
the House of Representatives pursuant to
subsection (c), such committee shall report
such concurrent resolution back to its
House in a form which is not inconsistent
and which preserves, to the greatest extent
practicable, the spirit and letter of the floor
amendments previously' adopted.
) FLOOR AMENDMENTS At'ihR RECOM.
=ITAL.?During the consideration in either
the Senate or the House of Representatives
of a concurrent resolution on the budget
reported back after recommittal pursuant to
subsection (c), an amendment, or series of
amendments, shall not be in order unless
it preserves the concurrent resolution in a
form which is not inconsistent.
(g) RECORD AND ANALYSIS OF EFFECT OF
FLOOR ACTION.?During the consideration in
either the Senate or the House of Represent-
atives of a concurrent resolution on the
budget, the Director of the Congressional
Office of the Budget shall maintain a record
of the effect (if any) which floor amend-
ments adopted would have on budget outlays
and new budget authority and the figures
set forth pursuant to section 301(a). On
each day on which a concurrent resolu-
tion on the budget is under consideration in
either the Senate or the House of Repre-
sentatives, the Director shall make available
to Members of that House, before the House
meets on such day, the record so maintained
by him as of the close of the preceding
day.
CONCURRENT RESOLUTION ON THE BUDGET
MUST BE ADOPTED BEFORE APPROPRIATIONS
AND ,CHANGES IN REVENUES AND PUBLIC
DEBT LIMIT ARE MADE
Sze. 305. (a) Iei GENERAL.?It shall not
be in order in either the Senate or the
House of Representatives 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, or
(3) an increase orrdecrease In the public
-debt limit to become effective during a fis-
cal year,
until the concurrent resolution for such year
referred to in section 301(a) has been
adopted by the Congress.
(b) EXCEPTION FOR MULTI-YEAR FUNDING.?
In order to provide for multiyear advance
funding for programs where for planning
purposes there is a need to know in advance
the amount of funds which will be avail-
able, partcularly programs of Federal assist-
ance to State and local governments, sub-
section (a) shall not apply to new budget
authority which first becomes available in a
fiscal year following the fiscal year to which
the concurernt resolution applies.
LEGISLATION DEALING WITH CONGRESSIONAL
BUDGET MUST BE HANDLED BY BUDGET COM-
MITTEES
SEC. 306. No bill or resolution, and no
amendment to any bill or resolution, dealing
with any matter which is within the juris-
diction of the Committee on the Budget of
either House shall be considered in that
-
'House unless it is a concurrent resolution
on the budget which has been reported by the
Committee on the Budget of that House
(or from the consideration of which such
cominittee has been discharged) or unless it
is an amendment to such a concurrent reso-
lution.
SUMMARIES OF CONGRESSIONAL BUDGET ACTIONS
SEC. 307. (a) REPORTS ON LEGISLATION PRO-
VIDING NEW BUDGET AUTHORITY OR LIMITING
Ourzars.?Whenever a committee of either
Rouse reports a bill or resolution to its House
providing new budget authority or limiting
, budget outlays, or both, for a fiscal year, the
report accompanying that bill or resolution
shall contain a statement prepared in con-
sultation with the Director of the Congres-
sional Office of the Budget detailing?
(1) how the new budget authority in that
bill or resolution compares with the limita-
tions on, and the applicable appropriate
levels of, new budget authority and
budget outlays set forth in the most recent-
ly adopted concurrent resolution on the
budget for such fiscal year;
(2) a projection for the period of five
fiscal years beginning with such fiscal year
of the budget outlays which will result from
that bill or resolution in each fiscal year in
such period; and
(3) the impact on State and local govern-
ments of the new budget authority and
budget outlays authorized by that bill or
resolution.
(b) UP-TO-DATE TABULATION OF CONGRES-
SIONAL BUDGET Acirons.?The Director of the
Congressional Office of the Budget shall issue
a daily report detailing and tabulating the
progress of congressional action on legisla-
tion providing new budget authority or lim-
iting budget outlays for a fiscal year. Spe-
cificially, such report shall include?
(1) an up-to-date tabulation comparing
the new budget authority and budget out-
lays in legislation On which Congress has
completed action to the limitations on, and
the appropriate levels of, new budget au-
thority and budget outlays set forth in the
most recently adopted concurrent resolution
on the budget for such fiscal year; and
(2) an up-to-date status report on all new
budget authority legislation for such fiscal
year in both Houses.
(C) FIVE-YEAR PRpJECTION OF CONGRESSION
-
*I BUDGET Acrion.?After a bill required to be
reported for a fiscal year under section 309(b)
has been enacted into law, the Director of
the Congressional Office of the Budget shall
Issue a report projecting for the period of five
fiscal years beginning with such fiscal year?
(1) total budget outlays and new budget
authority for each fiscal year in such pe-
riod; and
? (2) revenues to be received and the major
sources thereof, and the surplus or deficit, if
any, for each fiscal year in such period.
(d) REPORTS ON LEGISLATION PROVIDING NEW
TAX EXPENDITURES.?Whenever a committee
of either House reports a bill or resolution to
its House providing new or increased tax ex-
penditures during a fiscal year, the report
accompanying that bill or resolution shall
contain a statement prepared in consultation
with the Director of the Congressional Office
of the Budget 'detailing?
(1) how the new tax expenditures provided
in that bill or resolution will affect the exist-
ing levels of tax expenditures as set forth in
the most recently adopted concurrent reso-
lution on the budget for such fiscal year, and
a justification for any deviation from those
levels;
(2) a projection for the period of five 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; and
(3) the impact, if any, on State and local
governments of the tax expenditures pro-
vided by that bill or resolution.
ACTION ON rims PROVIDING NEW
BUDGET AUTHORITY
SEC. 308. (a) BILLS To BE ENA(..ILD BEFORE
BEGINNING OF FISCAL YEAR.?I/1 order to pro-
mote sound fiscal policies and procedures,
kthe Congress declares that?
(1) on or before September 20 preceding
the beginning of a fiscal year all bills and
resolutions providing new budget authority
for such fiscal year (other than supplemen-
tal, deficiency, and continuing appropriations
bills and resolutions) and all bills and reso-
lutions providing new tax expenditures dur-
ing such fiscal year shall be enacted into
law; and
(2) before the beginning of a fiscal year,
a bill required to be reported under section
309(b) shall be enacted into law.
(b) REQUIRED PROVISION IN NEW BUDGET
AUTHORITY LEGISLATION.--Every bill or reso-
lution providing new budget authority for a
fiscal year (other than supplemental, defi-
ciency, and continuing appropriations bills
and resolutions) shall contain a provision
that the new budget authority provided in
such bill or resolution shall not become ef-
fective until a bill required to be reported
under section 309(b) has been enacted into
law.
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S 3732 CONGRESSIONAL RECORD ? SENATE
(C) LEGISLATION FAILING TO COMPLY SUB-
aEor To Poner OF' ORDER.?It shall not. be in
order in either Rouse to consider any bill
or resolution providing new budget authority
or any conference report on any such bill
OT resolution) which fails to comply with
the provialms of subsection (b).
ENFORCEMENT OF CEILINGS ON NEW BUDGET
AIIT13:0RITY AND BUDGET OUTLAYS
SEC. 309. (a) REPORT BY Corearcessrowea
OFFICE OF THE BUDGET.---AS soon RR possible
sifter all hills and resolutions providing new
budget authority for a fiscal year (other than
supplemental, deficient", and continuing
appropriations bills and resolutions) have
been enacted into law, the Director of the
Congressional Office of the Budget .shall pre-
pare and submit to the Committees on the
Budget and the Committees on Appropria-
tions of both Houses a report setting forth
for such fiscal year the total amounts of new
budget authority and outlays for such fiscal
year and a breakdown of such total amounts
in such detail as such committees in direct.
(b) ACTION To EFFECTUATE BILLS AND RESO-
LUTIONS PROVIDING NEW latmerr Avant:oiler:?
after all laws described in subsection (a)
for a fiscal year have been enacted and when
the total amounts of new budget authority
and outlays provided in such laws for such
'fiscal year do not exceed the limitations set
forth in the most recently adopted concur-
rent resolution on the budget for such fiscal
year, the Committee on Appropriations of
each House shall, as soon as possible, report
to its Rouse a bill providing that the new
budget authority provided in such laws shall
become effective.
(C) ACTION IF' CONCURRENT RESOLUTION
CEILINGS ARE EXCEEDED.?
(1) If, with respect to any fiscal year, the
total amount of new budget authority or
outlays provided in laws described: in sub-
section (a) exceeds the limitation on total
new budget authority or outlays set forth in
the most recently adopted concurrent reso-
lution on the budget for such fiscal year,
then the Committee on Appropriations of
each House shall, as soon as possible after all
laws described in subsection (a) have been
enacted, report to its House a bill, to be
known as the ceiling enforcement bill, which
meets the requirements of paragraph (2).
(2) A ceiling enforcement bill meets the
requirements of this paragraph only if it
rescinds amounts of new budget authority or
other budget authority so that the total new
budget authority and outlays for such fiscal
year provided by laws described in subsection
(a) do not :exceed the limitations on total
new budget authority and outlays, respec-
tively, for such fiscal year set forth in the
most recently adopted concurrent resolution
on the budget,
(d) REQUIRED REPORTING OF CONCURRENT
RESOLUTION ON THE BILDGET.?If?
(1) the ceiling enforcement bill reported
under subsection (c) is recommitted, pursul
ant to section 310(e), by either House to the
Committee on Appropriations of that House.
or
(2) such bill is not so recommitted by
either House, but is not enacted into law,
the Committee on the Budget of each House
shall report to its House a concurrent reso-
lution on the budget which revises or reaf-
firms the most recently adopted concurrent
resolution on the budget for the fiscal year.
(e) FINAL CONSIDERATION OF CEILING EN.
PORCENIENT BILLo?After a concurrent reso-
lution on the budget reported under sub-
section (d) has been adopted by Congress,
the Committee on Appropriations of each
House shall report to its Rouse a ceiling en-
forcement bill or shall report the ceiling en-
forcement bfil reported under subsection (c)
and recommitted to its pursuant to section
310(c). Such ceiling enforcement bill shall
rescind amounts of new budget authority
or other budget authority so that the total
new budget authority and outlays for the
fiscal year do not exceed the limitations set
forth in such concurrent resolution.
(f) PRO RATA RESCISSION Bras..?If for any
fiscal year--
(1) the Congress fails to adopt a concur-
rent resolution on the budget reported un-
der subsection (d), or
(2) a ceiling enforcement bill reported
under subsection (e) is not enacted into
law,
the Committee OD Appropriations of each
House shall report to its House a bill which
meets the requirements of subsection (c) (2)
and in which all rescissions of budget au-
thority are on a pre rata basis applied to all
available budget authority (other than
budget authority for outlays which are not
controllable).
(g) CONGRESS MAY NOT ADJOURN .OR RECESS
UNTIL LAW IS ENAC'TED.?AfteT September 30
of any year, it slier not be in order in either
the Senate or the House of Representatives
to consider any resolution providing for the
adjournment or recess of either House for a
period of more than three days, unless a bill
required to be reported under subsection (b)
has been enacted into law for the fiscal year
beginning on October 1 of each year.
RULES FOR CONSIDERATION or BILLS REPORTED
UNDIM SECTION 309
SEC. 310. (a) Snorroxs 303 RULES To AP-.
par.?Except as provided in subsection (b),
the rules provided in section 303 for the
consideration of concurrent resolutions on
the budget shall also apply to bills reported
under section 309,
(b) DEBATE L/MITATIONS.?Debate on any
bill reported under 'section 309, and all
amendments thereto, shall be limited to not
more than thirty hours, which shall be
equally divided 'between the majority and
minority parties. Debate on any amendment
shall be limited to not more than two hours,
which shall be equally divided between those
favoring and those opposing the amendment.
Debate on a conference report on any such
bill shall be limited to not more than ten
hours, which shall be equally divided be-
tween those favoring and those opposing the
conference report.
(C) RECOMMITTAL. OF CEILING ENFORCE-
MENT BILLS REPORTED UNDER SECTION 309
(c).?If, after amendments proposed in
either House to a ceiling enforcement bill
reported under section 309(c) have been
considered, such bill does not meet the re-
quirements of section 309(c) (2), it shall be
recommitted by the presiding officer, without
further motion, to the Committee on Appro-
priations of that House.
(d) RECOMMITTAI OF CEILING ENFORCEMENT
BILLS REPORTED lfivnea SECTION 309(e) AND
PRO RATA RESCISSION Busts Repos:Ten UNDER
SECT/ON 309(f) .--If, after all amendments
proposed in either Rotise to a bill reported
under section 309(e) or 309(f) have been
considered, such bill does not meet the re-
quirements- of those sections, it shall be
recommitted by the presiding officer without
further motion, in the form as then amended
to the Committee on Appropriations of that
House with instructions to report the bill
back to that House. within three days (not
counting any d-ay on which that House is not
in session) in a form which meets the re-
quirements of secticn 309(e) or 31)9(f), as the
case may be, and which preserves, to the
greatest practicable extent, the spirit and
the letter of floor amendments previously
adopted.
e) FLOOR AME:Nt DAENTS AFTER RECOMMIT-
TAL.?During the. consideration in either
House of a bill reported back after recom-
mittal pursuant ao subsection (d), an
amendment or series of amendments shall
March 13, 1974
not be in order unless it preserves the bill in
a form which meets the requirements of
section 309(e) or 309(fla as the cease may
be.
(f) AMENDMENTS TO MEET REQUIREMENTS
ALWAYS IN ORDER.?Notwithstanding any
other rule, if during the consideration in
either House of a bill reported under sec-
tion 309 (c), (e), or (f) such bill does not, at
any time, meet the requirements of those
sections, an amendment or series of amend-
ments which would, if adopted, make such
bill meet such requirements shall always be
in order.
(g) CONFERENCE RzeoliTs.?It shall not be
in order in either House to consider a con-
ference report on a bill reported under -sec-
tion 309 (c), :e), or (1) if the bill as recom-
mended in the conference report does not
meet the requirements of those sections.
SI PPLEMENTAL AND DEFICIENCY APPROPRIATIONS
MUST BE WITHIN CEILINGS
SEC. 311. After the bill required to, be re-
ported for a fiscal year under section 309
(t) has been enacted into law, it shall not
be in order in either the Senate or the House
of Representatives to consider any bill or
rexoluticin providing additional new budget
atehority for such fiscal year, any amend-
ment to any cinch bill or resolution, or any
conference report on any such bill or resolu-
tion, if?
(1) the enactment of such bill or :resolu-
tion as reported.
(2) the adoption of such amendment and
the enactment of such bill or resolution as
so amended, or
(3) the enactment of such bill or resolu-
tion in the form recommended in such con-
ference report,
would cause the limitation on total new
budget authority or the limitation on total
budget outlays set forth in the most recent-
ly adopted concurrent resolution on the
budget for such fiscal year to be exceeded.
TITLE IV?ADDITIONAL RULES TO
IMPROVE FISCAL PROCEDURES
IIUDGET AIITHORTTY LEGISLATION MAY BE
REQUIRED TO CONTAIN OUTLAY LIMITATIONS
SEC. 401. (a) ACTION BY BUDGET COM-
ran"rEEs.?Whenever a concurrent resolution
or the budge; for -a fiscal year so requires
(and to the extent provided in such concur-
rent resolution)?
(1) bills and resolutions providing new
budget authority for that fiscal year reported
in each House shall also specify the amount
of outlays which may be made during that
fiscla year both pursuant to the new budget
authority provided by the bill or res.eaution
and to any other available budget authority.
(2) legislation shall be reported by the
Ccmmittee on Appropriations in each House
for that fiscal year specifying the amount of
outlays which may be made during the fiscal
year under pexmanent budget authority, and
(3) amendments proposed in each House to
bills or resolutions providing new budget
authority for that fiscal year which increase
or decrease the amount of any budget au-
thority shall also specify the amount of out-
lays which may be made during that fiscal
year pursuant to the budget authority so in-
creased or decreased.
(a) LEGISLA'MON FAILING TO COMPLY SUB-
JECT TO POINT OF ORDER.?If any requirement
rel erred to in subsection (a) applies for a fis-
cal year, it shall not be in order to cionsider
in either House any bill, resolution, or
amendment which does nut comply with such
requirement.
(C) STUDIES AND ASSISTANCE BY CONGRES-
SIONAL OFFICE OF THE BUDGET,?The Director
of the Congressional Office of the Budget
shall undertake studies and provide assist-
ance to the committees of both Houses
which have jurisdiction over legislation pro-
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viding budget authority to enable such com-
mittees to comply with the provisions of
subsection (a).
iffErkrioN QN NEW ADVANCE BUDGET
AUTHORTTY' '
SEC,4,02. (a) LEGISLATION SUBJECT TO POINT
OF 0.I4DER,It shall not be in order in either
the Senate or the House of Representatives
to, eenistder any bill or resolution which pro-
vide? new advance budget authority (or any
aniendment which provides new advance
budget authority) unless such bill or resolu-
tion, or such amendment, also provides that
the new advance budget authority is to be
exercised for any fiscal year only to such ex-
tent or in such amounts as are provided for
such fiscal year in appropriation Acts or
Other laws enacted after the enactment of
tilleh bill Or resolution.
(b) NEW ADVANCE BUDGET AUTHORITY IDE-
FIIIED.-_,._POT purposes of subsection (a)-
(1) NEW ADVANCE BUDGET AUTHORITY.-The
term "new advance budget authority" means
adVanee budget authority provided by law
enacted after the date of enactment of this
Act, Including any increase in, or addition
to, any advance budget authority provided
by law in effect on the date of enactment
Of this Act. '
(2) ADVANCE BUDGET AUTHORITY.-The term
"advanee budget authority" means author-
ity provided by law, whether on a temporary
ex permanent basis-
(A) to enter into contracts, under which
the United States is obligated to make out-
lays, which have not been provided for in
advance by appropriation Acts,
(B) to incur indebtedness, for the repay-
ment ,Of which the United. States is liable
(other than indebtedness incurred under the
Second Liberty Bond Act); wbich has not
been provided for in advance by appropria-
tion_Acts,
(C) to guarantee on behalf of the United
States the repayment of indebtedness (other
than indebtedness described in subparagraph
(B) ), which has not been provided for in
advance by appropriation Acts,
(D) to make payments (including loans
and grants), which have-not been provided
for in advance lay appropriation Acts, to any
person or government if, under the. provi-
sions of the law containing, such authority,
the United States /8 obligated to make such
payments to persons or governments who
meet the requirements established by such
law, and
(E) to obligate the United States to make
outlays by any other means which has not
been provided for in advance by appropria-
tion Acts. .
(C) REFERENCE OF BILLS AND RESOLUTIONS.
-All bills and resolutions introduced in the
Senate which authorize the exercise of new
advance budget authority shall be referred
to the Committee on Appropriations of the
Senate. No committee of the Senate other
than the Committee on Appropriations shall
have jurisdiction to report any bill or other
measure Which authorizes the exercise of
new advance budget authority. All bills and
resolutions introduced in the House of Rep-
resentatives which authorize the exercise of
new advance budget authority shall be re-
ferred to the Committee on Appropriations
of the House. No committee of the House
other than the Committee 011 Appropriations
Shall have jurisdiction to report any bill or
resolution which authorizes the exercise of
? agYalleebudzet authority.
_ ?
REQUIREMENT Qr ADVANCE AUTHORIZATIONS BY
=MAT= CONturrrEss
SEC. 403. It shall not be in order in either
the Senate or the House of Representatives
to consider any bill or resolution (or confer-
ence report thereon) authorizing the enact-
ment of new budget authority for any fiscal
year after May 31 preceding the beginning of
Such fiscal year.
JURISDICTION OF APPROPRIATION COMMITTEES
SEC. 404. (a) AMENDMENT OF SENATE RULES.
--Subparagraph (c) of paragraph 1 of rule
XXV of the Standing Rules of the Senate is
amended to read as follows:
"(c) Conn-In-Wee on Appropriations, to
which committee shall be referred all pro-
posed legislation, messages, petitions, me-
morials, and other matters relating to the
following subjects:
"1. Except as provided in subparagraph
(r)1, appropriation of the revenue for the
support of the Government.
"2. Rescission of appropriations.
"3. The amount of outlays for a fiscal year
under permanent budget authority, to the
extent section 401(a) (2) of the Federal Act
To Control Expenditures and Establish Na-
tional Priorities applies for such fiscal year.
"4. The exercise of new advance budget
authority within the meaning of section 402
of the Federal Act to Control Expenditures
and Establish National Priorities.".
(b) AMENDMENT OF HOUSE RuLEs.-Clause
2 of rule XI of the Rules of the House of
Representatives is amended be redesignating
paragraph (b) as (e) and by inserting after
paragraph (a) the following new paragraphs:
"(b) Rescission of appropriations.
"(c) The amount of outlays for a fiscal
year under permanent budget authority, to
the extent section 401(a) (2) of the Federal
Act To Control Expenditures and Establish
National Priorities applies for such fiscal
year.
"(d) The exercise of new advance budget
authority within the meaning of section 402
of the Federal Act To Control Expenditures
and Establish National Priorities.".
TITLE V-CHANGE OF FISCAL YEAR
FISCAL YEAR TO BEGIN OCTOBER 1
SEC. 501. Section 237 of the Revised Stat-
utes (31 U.S.C. 1020) is amended to read as
follows:
"SEC. 237. (a) The fiscal year of the Treas-
ury of the United States, in all matters of
accounts, receipts, expenditures,. estimates,
and appropriations-
"(1) shall, through June 30, 1974, com-
mence on July 1 of each year and end on
June 30 of the following year;
`,(2) shall for the period commencing
July 1, 1974, and ending on September 30,
1975, be for such period; and
(3) shall, beginning on October 1, 1975,
commence on October 1 of each year and
end on September 30 of the following year,
"(b) All accounts of receipts and expendi-
tures reqiiired by law to be published an-
nually shall be prepared and published for
each fiscal year as established by subsection
(a)."
SPECIAL AUTHORIZATION OF APPROPRIATIONS
SEE. 502. In the case of any law enacted be-
fore the date of the enactment of this Act
which authorizes the appropriation of a spe-
cified amount (or which authorizes the ap-
propriation of sums not to exceed a specified
amount) for the fiscal year commencing
July 1, 1974, the amount so specified is here.
by increased by 25 percent.
TRANSMITTAL OF BUDGET
SEC. 503. Section 201(a) of the Budget and
Accounting Act, 1921 (31 U.S.C. 11), is
amended by striking out the first sentence
and inserting in lieu thereof the following:
"The President shall transmit to the Congress
the budget which shall set forth his budget
message, summary data and text, and sup-
porting detail. The budget for any fiscal
year beginning before October 1, 1975, shall
be transmitted during the first fifteen days
of that regular session of the Congress which
commences prior to the beginning of the
fiscal year, and the budget for any fiscal
year beginning on or after October 1, 1975,
shall be transmitted on or before February 1
preceding the beginning of the fiscal year."
S 3733
ACCOUNTING PROCEDURES
SEC. 504. (a) Subsection (a) (1) of the first
section of the Act entitled "An Act to sim-
plify accounting, facilitate the payment of
obligations, and for other purposes", ap-
proved July 25, 1956, as amended (31 U.S.C.
701), is amended to read as follows:
"(1) The obligated balance shall be trans-
ferred, at the time specified in subsection
(b) (1) of this section, to an appropriation
account of the agency or subdivision there-
of responsible for the liquidation of the ob-
ligations, in which account shall be merged
the amounts so transferred from all appro-
priation accounts for the same general pur-
poses; 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, 1974, on that Junb 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 any fiscal year commencing on or
after July 1, 1974, on September 30 of the
second fiscal year following the fiscal year
or years for which the appropriation is avail-
able for obligation.
"(2) The withdrawals required by sub-
section (a) (2) of this section shall be made-
"(A) for any fiscal year ending on or before
June 30, 1974, 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 any fiscal year commencing on or
after July 1, 1974, not later than January 1
following the fiscal year in which the period
of availability for obligation expires."
CONVERSION OF AUTHORIZATIONS OF
APPROPRIATIONS
SEC. 505. Any law providing for an authori-
zation of appropriations commencing on
July 1 of a year shall, if that year is any year
after 1974, be considered as meaning Octo-
ber 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 1974, be considered as meaning
September 30 of that year. Any law providing
for an authorization of appropriation for the
fiscal year 1975 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.
ECONOMIC REPORTS
SEC. 506. (a) Section 3 of the Employment
Act of 1946 (15 U.S.0 1022), is amended by
striking out "The President shall transmit
to the Congress not later than January 20
of each year" and inserting in lieu thereof
the following: "Not later than January 20 of
each year before 1975, and not later than
February 5 of each year after 1974, the Presi-
dent shall transmit to the Congress".
(b) Section 5(b) (3) of such Act (15 U.S.C.
1024) is amended by striking out "(begin-
ning with the year 1947)" and inserting in
lieu thereof "before 1975 and not later than
March 20 of each year after 1974,".
REPEALS
SEC. 507. The following provisions of law
are repealed:
(1) The ninth paragraph under the head-
ings "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 Representa-
tives", "Salaries, Mileage, and Expenses of
Members", of the Legislative-Judiciary Ap-
propriation Act, 1955 (68 Stat. 400; 2 U.S.C.
81).
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S 3734 CONGRESSIONAL RECORD ? SENATE Maych 13, .1974 4
TECHNICAL AMENDMENT
SEC. 508. (a) Section 106 of title I, United
States Code, is amended by striking out
"June 30" and inserting in lieu thereof "Sep-
te.mber 30":
(b) The provisions of this section shall be
effective with respect to Acts making appro-
priations for the support of the Government
for any fiscal year commencing on or after
July 1, 1974.
TITLE VI?AMENDMENTS TO BUDGET AND
ACCOUNTTRG ACT, 1921, AND ANALYSES
PRESIDENTIAL BUDGET TO INCLUDE SA ME
mx-
MENTS AS CONGRESSIONAL BUDGET AND TAX
EXPENDITURES
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 than set
forth separately the items enumerated in
subsection (a) (other than paragraph (9) ) of
section 301 of the Federal Act to Control
Expenditures and Establish National Priori-
ties.
"(e) The budget transmitted pursuant to
subsection (A) for each fiscal year shall set
forth the existing levels of tax expenditures
(the tax expenditures budget) by major
budget categories, and an estimate, based on
projected economic factors, of any anticie
pated change in the levels of tax expenditures
for that fiscal year. For purposes of this sub-
section, the terms 'tax expenditures' and 'tax:
expenditures budget' have the meanings
given to them by section 2(3) of the Federal
Act to Control Expenditures and Establish
National Priorities.".
FIVE../ EAR BUDGET PROJECTIONS
Sec. 602. (a) Section 20I(a) of the Budget
and Accounting Act, 1921 (31 U.S.C. 11), is
amended?
(1) by inserting after "ensuing fiscal year"
hi paragraph (5) "and the four fiscal years
immediately following the ensuing fiscal
year";
(2) by striking out "such year" in para-
graph (5) and inserting in lieu thereof "such
years"; and
(3) by inserting after "ensuing fiscal year"
in paragraph (6) "and the four fiscal years
immediately following the ensuing fiscal
year".
(b) Section 201 of such Act is amended
by adding after subsection (e) (as added by
section 601 of this Ace) the following new
subsection:
"(f) The budget transmitted pursuant to
subsection (a) for each fiscal year shell in.
chide (1) an examination of proposed ex-
penditures (including tax expenditures) and
appropriations and estimated receipts within
a comprehensive framework of existing and
proposed programs and (2) the bases used
for the proposed expenditures (including tax
expenditures) and appropriations and esti-
mated receipts."
BUDGET DATA BA SED ON CONTINUATION OF
EXISTING LEVEL OF SERVICES
SEC. 603. Oar or before December 1 of each
year (beginning with 1e74), the President
shall submit to the Committees on the
Budget of the Senate and the House of Rep-
resentatives the estimated expenditures and
proposed appropriations, by functional and
subfunctionai category, which would he in-
cluded in the budget to be submitted pur-
suant to section 201 of the Budget and Ac-
counting 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 with-
out policy changes in such programs and ac-
tivities.
ANALYSIS BY CONGRESSIONAL OFFICE OF THE
BUDGET
SEC. 604. a) With respect to each bill or
resolution Of a public character reported by
any committee of lax e Senate or the House of
Representatives (except the Committee, on
Appropriations and the Committee on the
Budget of each House), the Director of the
Congressional Office of the Budget shall pre-
pare and make available for Inclusion in the
report accompanying such bill or resolution?
(1) an estimate a.! the costs which would
be incurred in carrying out such bill or joint
resolution in the fiscal year in which it is to
become effective arid in each of the four fis-
cal years following such fiscal year, together
with the basis for each such estimate;
(2) a comparison of the estimate of costs
described in paragraph (1) with any estimate
of costs made by such committee and any
Federal agency; and
(3) a list of existing and proposed Federal
programs, including assistance from tax exe
penditures, which provide or would provide
financial assistance for the objectives of the
program or programs authorized by the bill
or resolution.
(b) It shall not be in order in either the
Senate or the House of Representatives to
consider any bill or joint resolution unless
the report accompanying such bill or resolu-
tion contains the material described in sub-
section (a) prepared by the Director of the
Congressional Office of the Budget.
(c) Section 252 of the Legislative Reorga-
nization Act of 1970 is repealed.
TITLE WI?PILOT '2ESTING AND EVALUA-
TION OF PROGRAMS
PILOT TESTING OR EVALUATION OF MAJOR
OUTLAV PROGRAMS
SEC. 701. (a) Except .as provided in sub-
section (c), it shall :Mt be in &der in either
the Senate or the Heise of Representatives to
consider any bill or resolution which estab-
lishes or extends a major outlay program un-
less such bill or reSolutiou provides (or a
prior law has provided) for a pilot test or an
evaluation of such program, to be completed
not later than three years after the enact-
ment of such bill or resolution.
(b) For the purpcee of this title, a major
outlay program is any program (including
a program involving tax expenditures) esti-
mated to cost more than $100,000,000 for the
first three fiscal years of the program or ex-
tension thereof, as i:adicated in the material
prepared by the Director of the Congressional
Office of the Budget and included in the
report accompanyeac the bill or resolution
under section 604 of this Act.
(c) Subsection (s.) shall not apply to a
bill or resolution if the committee report ac-
companying it contains a statement, together
with full reasons therefor, that the com-
mittee has given full consideration to pilot
testing and program evaluation and, in its
judgment, neither would be feasible or de-
sirable for the program established or
extended.
(d) A pilot test of a major outlay program
shall?
(1) specify the 'clear objective of the pro-
gram, a well as the criteria which will be
used in the measureraents,
(2) include a replica as nearly as possible
of the program if it were implemented on
a permanent basis,
(3) be conducted for a defined period of
time,
(4) be conducted icy a department or agen-
cy of the Government or a public or private
organization specified in the law providing
for the pilot test,
(5) provide a valid comparison criterion for
evaluation, includirg one or more of the
following: control groups; base rates derived
from prior time frames; or other valid meas-
urement, and
(6) test alternative options toward achieve-
ment of the objectives specified in para-
graph (1).
(e) The department, agency, or organiza-
tion which conduct; the pilot test or pro-
gram evaluation shill report the results of
the test or evaluation, and the data or other
information upon which the resulto are
based, to the committees of the Senate and
the House of Representatives which have jur-
isdotion to report legislation implementing
the program on a broad scale or authorizing
its further extension.. Such report shell be
submitted in sufficient time to permit ads-
quiche consideration by the Congress of legis-
latoon to implement the program on a broad-
er scale or to authorise its further extension.
If) Nothing contained in this title shall
preclude simultaneous multiple pilot tests
of a major out: ay program to determine the
most feasible alternative before broader
implementation.
(g) Each committee to which a report of a
pilot test or program evaluation with respect
to a major outlay program is submitted un-
der subsection (e) shall submit to its llouse
a report, on the test or evaluation. It shall
not be in order in either the Senate or the
House of Representatives to consider any bill
or 3 esolution which authorizes the enactment
of budget authority for the major outlay pro-
gram, for any period after the date for com-
pletion of the :pilot test or program evalua-
tion of the malor outlay program, until the
committee or committees of that, House have
submitted the report required by the pre-
ceding sentence.
COMMITTEE ANALYSIS
timc., 702. (a) Each committee to welch a
report of a pilot test or program evaluation,
with respect to a major outlay program, is
submitted under section 701 shall analyze
anti consider the results of the test or evalu-
atiou in its maisideration of legislation to
implement the MOOT outlay program on a
broader scale or to extend authorization of
the program, 318 the case may be. Such, anal-
ysis shall include a review of the data and
other information upon which the depart-
ment, agency, or organization which con-
ducted the test or evaluation based its lb:Id-
a:age, results, and recommendations. In con-
due: ing such analysis, the"committees of the
two Houses may conduct hearings jointly.
(0) The report of a committee on legisla-
tion to implement on a broader scale or ex-
tend authorization for a major outlay pro-
gram shall indLude (hut not be limited) to
the following natters:
(1) Suitabill'iy of the Federal Government
to implement such progiani on a broader
softie or to continue the conduct of such pro-
e2 A summary of any available evalua-
) iavailabletions or analyses of such program, including
cost benefit studies, in relation to other al-
tern ative apprcaehes.
(3) In the eyelet the legislation Would
change a current method of dealing with a
specific problem, a comparison Of the cur-
rent method used and the method used in
the test and an analysis in terms of relative
effectiveness.
REV I EW AND EVALUATION BY THE COMPTII OLLER
EN
Eme. 703. Part I
GENERAL
title II of the Legisla-
tive Reorganization Act of 1070 (84: Stat.
1167; Public Law 91-510; 31 U.S.C. 1151 and
following) is amended by striking out section
204 and inserting in lieu thereof the follow-
ing.
"ASSISTANCE TO CONGRESS BY GENERAL
AC COUNTING OFFICE
"EEC. 204. (a) The Comptroller General
shall review and evaluate the results of
Government 'programs and activities car-
ried on Mader existing law when ordered by
either House of Congress, or 'upon hie own
initiative, or when requested by any com-
mittee of the House of Representatie es or
the Senate, or any joint committee of the
two Houses having jurisdiction over such
programs and aetivities,
"i b) The Comptroller General Upon re-
(meet of any committee of theliouse Of Rep-
resentatives or the Senate, any joint com-
mittee of the two Houses, or any Member of
either House?
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RECORD?SENATE S 3735
"(1) in developing specifications for legis-
lative requirements for executive branch
evaluations of Federal programs and activi-
ties, including reporting the 'results of such
evaluations to t4 Congress, and
"(2) in analyzing and assessing program
'reviews, evaluation studies, or cost-benefit
studies prepared by or for any Federal agency
or Organization to assist such committee in
meeting the requirements of section 702
and section 802 of the Federal Act to Con-
trol Expenditures and Establish National
Priorities.
"(c) The Comptroller General shall de-
velop and prescribe principles and stand-
ards for the evaluation of Federal programs
and activities, and submit an annual report.
" (d) The Comptroller General shall moni-
tor the various recurring reporting require-
ments of the Congress and committees and
make recommendations to the Congress and
committees for changes and improvements
in these reporting requirements to meet the
congressional information needs ascertained
by the Comptroller General, to enhance their
usefulness to the congressional users, and
to eliminate duplicative or unneeded report-
ing.
"(e) In carrying out his responsibilities
under this section, the Comptroller General
is authorized to establish an Office of Pro-
gram Review and Evaluation within the
General Accounting Office. The Comptroller
General is authorized to employ not to ex-
ceed 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."
TITLE VIII?LIMITATION ON PERIOD OF
AUTHORIZATION OF NEW BUDGET AU-
THORITY FOR MAJOR OUTLAY PRO-
GRAMS; REQUIRED REVIEWS
AUTHORISATION OF NEW BUDGET AUTHORITY
LIMITED TO THREE FISCAL YEARS
SEC. 801. (a) No law enacted after the ef-
?ective date of this title which authorizes
new budget authority for any major outlay
program may authorize such new budget au-
thority for a period of more than three fiscal
years.
(b) All provisions of law in effect on the
effective date of this title which authorize
new budget authority for any major outlay
program, for a period of more than three fiscal
years, beginning with the first fiscal year
which commences after such date, shall cease
to be effective at the end of the fourth fiscal
year beginning after such date.
(c) All provisions of law in effect on the
effective date of this title which authorize
new budget authority for any major outlay
program for an unspecified number of fiscal
years shall cease to be effective at the end
of the fifth year beginning after such date.
(d) Subsections (a), (b), and (c) shall not
apply to any major outlay program funded
In whole or major part of user taxes.
(e) (1) For purposes of this title, the term
"major outlay program" means a program for
which the sum of?
(A) the amount of new budget authority
authorized to be provided for the fiscal year
in progress (or, if no new budget authority
tuk$ been authorized, the amount ,of new
budget authority requested for such fiscal
year in the budget submitted by the Presi-
dent), and
(B) the aggregate of the new budget au-
thority provided for the two preceding fiscal
years,
is more than $100,000,000. Such term in-
cludes, for purposes of subsection (a), a pro-
gram enacted after the effective date of this
title which is a major outlay program as
defined in seal= 701 (b) .
(2) For purposes of this title, a program
for which new budget authority has not been
provided or authorized (or requested) for a
period of three fiscal years, shall be treated
as a major outlay program (until new budget
authority has been provided or authorized
(or requested) for three fiscal years), if the
sum of?
(A) the amount, if any, of new budget au-
thority authorized to be provided for the
fiscal year in progress (or, if no budget au-
thority has been authorized, the amount, if
any, of new budget authority requested for
such fiscal year in the budget submitted by
the President) ,
(B) the new budget authority, if any, pro-
vidded for such program for any preceding
Uscal year in such period, and
(C) the estimated cost of such program
(as determined by the Director of the Con-
gressional Office of the Budget) for any fiscal
year in such period for which no amount is
applicable under paragraph (1) or (2), is
more than $100,000,000.
COMPREHENSIVE REVIEW AND STUDY
SEC. 802. (a) (1) During the period pre-
'scribed in subsection (b), each committee
of the Senate and the House of Representa-
tives which has jurisdiction to report legisla-
tion authorizing new budget authority for a
major outlay program shall conduct a com-
prehensive review and study of such program
and shall submit a report thereon to the Sen-
ate or the House, as the case may be. In con-
ducting any such review and study, the com-
mittee shall receive testimony and evidence
in hearings open to the public, except that
such hearings may be closed to the public
upon the same terms and conditions as hear-
ings of the Committee on the Budget of that
House may be closed to the public.
(2) Prior to the beginning of the period
(or as soon thereafter as possible), during
which any committee of the Senate or the
House of Representatives is to conduct a
comprehensive review and study of a major
outlay program, the head of the department
or agency of the Government which adminis-
ters the program (or any part thereof) shall
'submit to the committee an evaluation and
analysis of the program.
(b) (1) The period referred to in subsection
(a) for the first comprehensive review find
study of a major outlay program is?
(A) with respect to any major outlay pro-
gram' in effect on the effective date of this
title, the last fiscal year commencing after
such effective date for which new budget
authority is authorized for such program
(after the application of section 801), except
that (1) such review and study may be con-
ducted in a fiscal year preceding such last
fiscal year if the committees of both Houses
required to conduct such review and study
agree to conduct it during such preceding
fiscal year, and, (11) if such last fiscal year
precedes the third fiscal year commencing
after such date, such review and study may
be conducted during such third fiscal year
if the committees of both Houses required to
conduct such review and study agree to con-
duct it during that fiscal year, and
(B) with respect to any major outlay pro-
gram enacted after such effective date, the
third fiscal year during which the program
is in effect.
For purposes of applying this paragraph, the
provisions of section 801 shall be applied
without regard to subsection (d) thereof.
(2) The period referred to in subsection
(a) for the comprehensive review and study
of a major outlay program (after the first
such review and study) is the third fiscal year
following the period during which the pre-
ceding review and study was conducted.
(c) Insofar as possible, the committees of
the Senate and House of Representatives
which have jurisdiction over a major outlay
program shall conduct the review and study
required by subsection (a) at the same time.
Such committees may conduct the hearings
required by such subsection jointly.
(d) The report of a committee on a review
and study of a major outlay program shall
contain an analysis of the program and the
committee's evaluation of the overall suc-
cess or failure of the program, and shall in-
clude (but not be limited to) the following
matters:
(1) Whether the program objectives are
still relevant.
(2) Whether the program has adhered to
the original and intended purpose.
(3) Whether the program has had any
substantial impact on solving the problems
and objectives dealt with in the program.
(4) The impact of the program on the
functions and freedom of the private sector
of the economy.
(5) The feasibility of alternative programs
and methods for dealing with the problems
dealt with in the program and their cost
effectiveness.
(6) The relation of all Government and
private programs dealing with the problems
dealt with in the program.
- (7) An examination of proposed legisla-
tion pending in either House dealing with
the problems being dealt with in the pro-
gram, including an examination of each pro-
posed legislation in the context of?
(A) existing laws,
(B) other proposed legislation,
(C) private efforts, and
(D) whether public efforts will hinder or
help priyate efforts.
COORDINATION WITH TITLE VII
SEC. 803. (a) If a committee of the Senate
or the House of Representatives which is
required under section 802 to conduct a corn-
prehengive review, and study of a major out-
lay program is also (but for the provisions
of this section) required under section 702,
during the same period, to analyze and con-
sider the results of an evaluation of such
program under section 701, such committee
shall conduct the comprehensive review and
study of such program under section 802,
and the provisions of section 702 shall not
apply with respect to such evaluation.
(b) If a committee of the Senate or the
House of Representatives which (but for this
subsection) is required under section 702 to
analyze and consider the results of an evalua-
tion of a major outlay program has con-
ducted a comprehensive review and study of
such program during either of the two fiscal
years preceding the period when such analy-
sis is otherwise required, the provisions of
section 702 shall not apply with respect to
such evaluation.
LEGISLATION SUBJECT TO POINT OF ORDER
SEC. 804. It shall not be in order in either
the Senate or the House of Representatives
to consider?
(1) any bill or resolution which author-
izes the enactment of new budget authority
for any major outlay program for any fiscal
year beginning after the period during which
the committee of that House which has jur-
isdiction over the program is required to con-
duct a comprehensive review and study un-
der section 802, until that committee has
submitted the report thereon required by
such section, or
(2) any bill or resolution which author-
izes the enactment of new budget authority
for any major outlay program for a period
of more than three fiscal years.
TITLE IX?FISCAL AND BUDGETARY IN-
FORMATION AND CONTROLS
SEC. 901. That part of title II of the Leg-
islative Reorganization Act of 1970 which
precedes section 201 thereof (84 Stat. 1167;
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S 3736 CONGRESSIONAL RECORD? SEN A March 13 1974
Public Law 91-510; 31 U.S.C. chapter 22) is
amended by striking out,?
"TITLE II?FISCAL CONTROLS
'TART I?BUDGETARY AND FISCAL INFORMATION
AND DATA"
and inserting in lieu thereof?
"TITLE II--FISCAL AND BUDGETARY
INFORMATION AND CONTROLS
"PART -F/SCAL, BUDGETARY, AND PROGRAM-
RELATED DATA AND INFORMATION"
SEC. 902. Part 1 of title II of the Legisia-
-Hoe Reorganizetion Act of 1970 (34 Stat.
1167; Public Law 91-510; 31 U.S.C. 1151 and
foi lowing) is amended by striking out sec-
tions 201, 202, and 203 and inserting in lieu
thereof the following:
"FEDERAL FISCAL, BUDGETARY, AND PROCRA
LATED DATA AND INFORMATION SYSTEMS
"SEC. 201. The Secretary of the Treasury
and the Director of the Office of Management
and Budget, in cooperation with the Comp-
troller General of the United Stateti, shall de-
velop, establish, and maintain, for use by all
Federal agencies, standardized data and In
systems for fiscal, budgetary, and
program-related data and inforrnation. The
development, establishment, and mainte-
nance 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.
TANDARDIZAT/ON OF TERMINOLOGY, DEFINI-
TIONS, CLASSIFICATIONS, AND CODES FOR FIS-
CAL BUDGE'rARY, AND PROGRAM-RELATED DATA
AND INFORMATION
"Sec. 202. (a) The Comptroller General of
the United States, in cooperation with the
Secretary of the Treasury and the Director
01 the Office of Management and Budget,
shall develop, establish, maintain, and pub-
lish standard terminology, definitions, cies-
sifteations, and codes, for Federal fiscal,
budgetary, and program-related data and
information. The authority contained in this
part shall include, but not be limited to,
data and information pertaining to Federal
fiscal policy, revenues, receipts, expeeditanes,
functions, programs, projects, and activities
and 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.
Such standard terms, definitions, elassifica-
tlons, and codes shall be used by all execu-
tive departments and agencies in supplying
to the Congress fiscal, budgetary, and pro-
gram-related data and information.
"(b) In carrying out this responsibility, the
Comptroller General Of the United States
snail cooperate with and give particular con-
sideration to the needs of the Committee on
the Budget of the House of Representatives
? and the Senate and the Congressional Office
of the Budget,
"(c) The Comptroller General of the
United States shall submit to both Souses of
the congress, on or before June 30, 1975, a
report- containing his recommendations for
the initial standard terms, definitions, and
classifications, as described in this part, and
shall recommend legislation to implement
them as may be necessary.
"(d) The Comptroller General shall moni-
tor the various recurring reporting require-
ments of the Congress and committees and
make recommendations to the Congress and
committees for changes and improvements in
these reporting requirements to meet the
congressional Information needs ascertained
by the Comptroller General, to enhance their
usefulness to the congressional users, and to
eliminate duplicative or unneeded reporting.
"AVAILABILITY TO ANI -USE BY THE CONGRESS
AND STATE AND LOCAL GOVERNMENTS OF FED-
ERAL FISCAL, BUDGETARY, AND PROGRAM-RE-
LATED DATA AND INFORMATION
"Sec. 203. (a) Upon request of any com-
mittee of either Hone, of any joint com-
mittee of the two Houses, of the Comptroller
General, or of the Director of the Congres-
sional Office of the Budget, the Secretary of
the Treasury, the Director of the Office of
Management and _Hadaet, or the heads of the
various executive agencies shall?
"(1) furnish to the congressional commit-
tee, the joint committee, the Comptroller
General, or the Director of the Congressional
Office of the Budget., information as to the
location and nature of available fiscal, budg-
etary, and program-related data and infor-
mation;
"(2) prepare summary tables of such data
and information and any related information
deemed necessary loy the requesting commit-
tee, joint committee, the Comptroller Gen-
eral, or the Director of the Congressional
Office of the Budget: and
"(3) furnish any program evaluations
conducted or commissioned by any executive
agency as deemed necessary by the request-
ing committee, joint committee, the Comp-
troller General, or the Director of the Con-
gressional Office of the Budget.
"(b) The ComptrMler General, in cooper-
ation with the Director cd the Congressional
Office of the Budget, 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 inventors and directory of sources
and information systems containing fiscal,
budgetary, and program-related data and in-
formation and a brief description of their
content;
"(2) provide, upen request, assistance to
committees, joint committees, and Members
of Congress in securing Federal fiscal, budg-
etary, and program-related data and infor-
mation from the sources identified in the
inventory and directory described in this
part; and
"(3) furnish, upon request, assistance to
committees, joint catmmittees, and Members
of Congress in appraising and analyzing fis-
cal, budgetary, and :program-related data and
information secured from the sources iden-
tified in the inventory and directory de-
scribed in this part.
"(c) The Comptroller General and the Di-
rector of the Congressional Office of the
Budget shell, to the extent they deem neces-
sary, develop, establish, and maintain a cen-
tral 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 Con-
gress for fiscal, budgetary, and program-
related data and information and shall in-
clude, but not be limited to, data and in-
formation pertaining tc budget requests,
congressional authority 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 com-
mittees, and other congressional agencies
through modern data processing and com-
munications techniques,
"(d) The Comptroller General, in coopera-
tion with the Director or the Congressional
Office of the Budget, the Director of the Office
of Management anti Budget, the Administra-
tor of the General Services Administration,
and appropriate representatives of State and
local governments, shall develop procedures
to assure access by State and local govern-
ments to Such fiscal, budgetary, and program
infer motion as may be necessary for the ac-
curate and timely determination by these
governments of the impact of Federal assist-
ance upon their budgets.".
Sec. 903. The table of contents of title It
of the Legielatiac Reorganization Act of 1970
(84 Stat. 1140; Public Law 91-510; 31 U.S.C.
chapter 22) is amended by striking out?
"TITLE TE?FISCAL CONTROLS
'Peer 1?BUDGETARY AND FISCAL INFORMATION
AND DATA
"Sec -201. Budgetary and fiscal data prOcess-
ing system.
"Sec. 202. Budget standard classifications.
"Sec. 203. Availability to Congress of tludg-
etery, fiscal, and related data."
anti inserting in lieu thereof?
" lITLE II?EISCAL AND BUDGETARY
INFORMATION AND CONTROLS,
"Peter 1?FISCAL, BUDGETARY, ease PROGRAM..
RELATED DATA AND INFORM ATION ,
"See. 201. Federal fiscal, budgetary, and pro-
gram-related data and infarma-
- tien systems.
"Sec. 202. Standardization of terminology,
definitions. classification% And
codes for fiscal, budgetary, and
program-related data and Infor-
mation.
"See. 203. Availability to and use by the Con-
gress and State and local govern-
ments of Federal fiscal, budg-
ettry, and program-related data
and information,'.
TITLE X?MISCELLANEOUS PROVISIONS;
EFFECTIVE DATES
coal FORMING AMENDMENTS TO STANDING RULES
OF THE SENATE
SEC. 1001. Paragraph 1 of rule- XXV of the
Standing Rules of the Senate is amended?
(1) by striking out "Revenue" in subpara-
graph (h)1 and inserting in lieu thereof
"Direept as provided in subparagraph Is') (l),
revenue";
2) by striking out "The" in subparagraph
(h)2 and inserting in lieu thereof "Except
as arovided in subparagraph ir) (1), the";
and
at) by striking out "Budget" in su.bpara-
greeh (j) (1) (A) and inserting in lieu thereof
"Except as provided in subparagraph (r) (1),
budget".
CONFORMING A MENDMEN TO HOUSE RULES
Sec. 1002, Rule XI of the Rules of the
Reuse of Representatives is amended by in-
serting immediately below clause 22 '(ILS re-
numbered by section 102(b) of this Act)
thsreof the icalowing new clause:
-22A. The respective areas of legislative
jurisdiction under this rule are modified by
title I of the Federal Act in Control Faipendi-
tures and Establish National Priorities."
!=,NDMENTS TO LEGISLATIVE REORGANIZATION
ACT OF 1946
eec. 1003. (a) Section 133 of the Legi.slative
Reorganization Act of 1946 (2 U.S.C. 190a) Is
amended?
(1) by inserting "and the Committee on
the Budget" after "Appropriations" in sub-
sections (d) and (f), and
(2) by inserting "or the Committee on the
Breiget" after "Appropriations- hi subsection
( b) Section 13$A of such Act (2 U.S.C.
190a-1) is amended by inserting "and the
Committee on the Budget" after "Appropri-
ations" each place it appears in such section.
to) Section 134(c) of such Act (2 15.5.0.
190b) is emended by inserting "or the Com-
mittee on the Budget" after "Appropria-
iois. .
(d) Section 136(c) of such Act (2 U.S.C.
190d) is amended by striking out "Corn-
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mittee on Appropriations of the Senate and
the Committees on Appropriations," and in-
serting in lieu thereof "Committees on Ap-
propriations and the Budget of the Senate
and the Committees on Appropriations, the
Budget,".
AMENDMENTS TO LEGISLATIVE REORGANIZATION
ACT OF 1970
SEC. 1004. (a) Section 232 of the Legisla-
tive Reorganization Act of 1970 (31 U.S.C.
1172) is amended by. renumbering para-
graphs (2.) and (3) as (3) and (4), respec-
tively, and by inserting after paragraph (1)
the following new paragraph:
"(2) the Committees on the Budget of the
Senate and House,".
(b) Section 236 of such Act (31 U.S.C.
1176) is amended by inserting "and the
Budget" after "Appropriations" in para-
graph (2).
(c) Section 242(a) of such Act (2 U.S.C.
190h) is amended by inserting "or the Com-
mittee on the Budget" after "Appropria-
tions",
?(d) Section 243 of such Act (2 U.S.C. 1901)
Is amended by inserting "(a)". immediately
after "243". and by adding at the end thereof
the following new subsection:
"(b) The provisions of subsection (a)
shall also apply to the Committee on the
Budget of the Senate."
EXERCISE OF RIMEMANING POWERS
SEC. 1005. (a) The provisions of this title
(except section 1006) and titles I, III, IV, VII
(except section 703), and VIII are enacted by
the Congress-
(1) as an exercise of the rulemaking power
of the Senate and the House of Representa-
tives, 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
supercede other rides only to the extent
that they are inconsistent therewith; and
(2) with full recognition of the constitu-
tional right of either House to change such
rules (so far as relating to the procedure in
euch House) at any time, in the same man-
ner, and to the same extent as in the case of
any other rule of such House.
(b) Any rule provided in this Act may be
waived or suspended by the Senate or the
House of Representatives only by a vote of
two-thirds of the Members voting, a quorum
being present.
(c) If a point of order is made in either
the Senate or the House of Representatives,
and sustained by the Presiding Officer of
that House, that any bill, resolution, amend-
ment, motion, or other matter is not in order
by reason of any rule provided in this Act,
the decision of the Presiding Officer may be
Overruled only by a vote of two-thirds of the
Members voting, a quorum being present.
EFFECTIVE DATES
SEC. 1006. (a) Except as provided in sub-
sections (a) and (b), the provisions of this
Act shall take effect on the date of its en-
actment.
(b) Titles III and VI (except section 604)
shall apply with respect to the fiscal year be-
ginning on October 1, 1975, and succeeding
fiscal years.
(c) Section .401, section 403, section 604,
title VII (except section 703), and title VIII
shall take effect on the first day of the first
session of the Congress following the date
of the enactment of this Act.
The amendments of the Committee on
Rules and Administration were to strike
out the language of the Committee on
Government Operations and insert:
SWAT .TITLE'; TABLE or-CONTENTS
SECT/ON 1, (a) SHORT TITLE.-Th1S Act may
be. cited as the "Congressional Budget Act
of 1974".
(b) TABLE OF CONTENTS.-
Sec. 1. Sheort title; table of contents.
Sec. 2. Declaration of purposes.
Sec. 3. Definitions.
TITLE I-ESTABLISHMENT OF SENATE
AND HOUSE BUDGET COMMITTEES
Sec, 101, Budget Committee of the Senate.
TITLE II-CONGRESSIONAL OFFICE OF
THE BUDGET
Sec. 201. Establishment of Office.
Sec. 202. Duties and functions.
Sec. 203. Public access to budget data.
TITLE III-CONGRESSIONAL BUDGET
PROCESS
Sec. 301. Adoption of first concurrent resolu-
tion.
Sec. 302. Reports after adoption of concur-
rent resolutions.
Sec. 303. First concurrent resolution on the
budget must be adopted before
budget authority and changes in
revenues and public debt limit
are made.
Sec. 304. Permissible revisions of concurrent
resolutions on the budget.
Sec. 305. Provisions relating to the consid-
eration of concurrent resolutions
on the budget.
Sec. 306. Required action by conference com-
mittee.
Sec. 307. Legislation dealing with congres-
sional budget must be handled by
budget committees.
Sec. 308. Summaries of congressional budget
actions.
Sec. 309. Action on bills providing new
budget authority.
Sec. 310. Second required concurrent resolu-
tion and reconciliation bill.
Sec. 317. New budget authority must be
within appropriate levels.
TITLE IV-ADDITIONAL PROVISIONS TO
IMPROVE FISCAL PROCEDURES
ec. 401. Bills providing new advance spend-
ing anthority.
Sec. 402. Reporting of authorizing legisla-
tion.
Sec. 403. Analyses by Congressional Office of
the Budget.
Sec. 404. Jurisdiction of Appropriations
Committees.
TITLE V-CHANGE OF FISCAL YEAR
Sec. 501. Fiscal year to begin October 1.
Sec. 502. Transmittal of budget.
Sec. 503. Transition to new fiscal year.
Sec. 504. Accounting procedures.
Sec. 505. Conversion of authorizations of ap-
propriations.
Sec. 506. Economic reports.
Sec. 507. Repeals.
Sec. 508. Technical amendment.
TITLE VI-AMENDMENTS TO BUDGET AND
ACCOUNTING ACT, 1921
Sec. 601. Matters to be included in Presi-
dent's "budget.
Sec. 602. Midyear review.
Sec. 603. Five-year budget projections.
Sec. 604. Allowances for supplemental
budget authority and uncon-
trollable outlays.
Sec. 605. Budget data based on continuation
of existing level of services.
Sec. 606. Removal of exemptions from
budget process.
TITLE VII-PROGRAM REVIEW AND
EVALUATION
Sec. 701. Review and evaluation by standing
committees.
Sec. 702. Review and evaluation by the
Comptroller General.
TITLE VIII-FISCAL AND BUDGETARY
INFORMATION AND CONTROLS
Sec. 801. Amendment to Legislative Reorga-
nization Act of 1970.
S 3737
TITLR IX-MISCELLANEOUS PROVISIONS;
EFFECTIVE DATES
Sec. 901. Conforming amendments to stand-
ing rules of the Senate.
Sec. 902. Amendments to Legislative Re-
organization Act of 1946.
Sec. 903. Exercise af rulemaking powers.
Sec. 904. Effective dates.
Sec. 905. Application of congressional
budget process to fiscal year 1976.
TITLE X-APPROPRIATION RESERVES
Sec. 1001. Amendment to Antideficiency
Act.
Sec. 1002. Disclaimer.
DECLARATION OF PURPOSES
SEC. 2. (a) PURPOSES.-The Congress de-
clares that it is essential-
(1) to establish national goals and priori-
ties to meet the needs of a strong national
economy;
(2) to provide for the congressional deter-
mination each year of the appropriate level
of Federal revenues and expenditures;
(3) to assure the most effective use of
Federal revenues; and
(4) to assure effective control over the
budgetary process.
(b) MEANS OF ACCOMPLISHMENT.-In order
to achieve these purposes, it is necessary-
(1) to establish a congressional budgeting
system;
(2) to create budget committees with re-
sponsibility to oversee and establish fiscal
guidelines for the Implementation of na-
tional goals and priorities; and
(3) to require the executive branch to
furnish information in a manner that will
assist the Congress in discharging its duties.
DEFINITIONS
SEC. 3. (a) IN GENERAL.-FOT purposes of
this Act,-
(1) The terms "budget outlays" and "out-
lays" mean, with respect to any fiscal year,
expenditures and net lending of funds under
budget authority during the fiscal year.
(2) The term "budget authority" means
authority provided by law to enter into ob-
ligations which will result in immediate or
future outlays involving Government funds,
except that such term does not include au-
thority 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 provi-
sions 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 defer-
ral of tax liability representing a deviation
from the normal tax structure for individ-
uals and corporations. The term "tax ex-
penditures budget" means an enumeration
of such tax expenditures.
(4) The term "concurrent resolution on
the budget" means a concurrent resolution
referred to in section 301, 304, or 310.
(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 Senate who are
members of the Joint Committee on Atomic
Energy shall be treated as a standing com-
mittee of the Senate, and the Members of the
House of Representatives who are members
of such Joint Committee shall be treated as
a standing committee of the House.
TITLE I-ESTABLISHMENT OF SENATE
AND HOUSE BUDGET COMMITTEES
BUDGET COMMITTEE OF THE SENATE -
SEC. 101. (a) Paragraph 1 of rule XXV of
the Standing Rules of the Senate is amended
by adding at the end thereof the following
new subparagraph:
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S 373E; CONGRESSIONAL RECORD?SENATE
"(r) (1) The Committee on the Budget,
to which committee shall be referred all
concurrent resolutions on the budget (as de-
fined in election 3(4) of the Congressional
Budget Act of 1974) and all other matters
required to be referred to that comunittee
under titles III and IV of that Act, and
messages, petitions, memorials, and other
matters relating thereto.
0(2) Such committee shall have the duty?
"(A) to report the matters required to be
reported by it under title III and IV of the
Congressional Budget Act of 1974;
"(B) to make continuing studies of the
effect on budget outlays Of relevant existing
and proposed legislation and to report the
results of such studies to the Senate on a re-
curring basis:
"(C) to request and evaluate continuing
studies of tax expenditures, and 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 Office of the
Budget of its functions and duties."
(b) The table contained in paragraph 2
of rule 36EV of the Standing Rules of the
Senate is amended by inserting after?
"Banking, Housing, and Urban Affairs... 15"
the following:
"Budget 15".
(c) Paragraph 6 of rule XXV of the Stand-
ing Rules of the Senate is amended by add-
ing at the end thereof the following new
subparagraph:
"(h) For purposes of the first sentence of
subparagraph (a), membership on the Com-
mittee on the Budget shall not be taken into
account until that date occurring during the
first regular session of the Ninety-sixth Con-
gress, upon which the appointment of the
majority and minority party members of the
standing committees of the Senate is initially
completed."
STILE ll--CONGRESSIONAL OFFICE OF
ITIE BUDGET
ESTABLISHMENT OF OFFICE
SEC 201. (a) IN GENERA!..?
(1) ESTABLISHMEITT,--There is established
an office of the Congress to be known as the
Congressional Office of the Budget (herein-
after in this title referred to az the "Office").
The Office shall be headed by a Director, and
there shall be a Deputy Director who shall
perform ouch 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.
(2) A19.011,TTMENT OP DIRECTOR .4ND DEPUTY
DIRECTOE.- ?The Director and Deputy Director
shall be appointed by the Speaker of the
House of Representatives and the President
pro tempore of the Senate after consultation
With the Committees on the Budget of the
House and the Senate, respectively, subject
to confirmation given by order of each House,
The Director and Deputy Director shall each
be appointed without regard to political af-
filiation and solely on the basis of his fitness
to perform his duties.
(8) Timms or orrace.?The terns of office
of the Director and Deputy Director first ap-
pointed shall expire at noon on January 3,
1979, and the terms of Directors and Deputy
Directors appointed thereafter shall expire
at noon on January 3 of each sixth year
thereafter. Any individual appointed to fill
a vacaney prior to the expiration of a termn
shall serve only for the unexpired portion of
that terrine An individual serving as Director
or Deputy Director at the expiration of a
term may continue to serve until his suc-
cessor is e.ppointed.
(4) Retiovem?The Director and Deputy
Director, or either of them, may be removed
by either House by resolution.
(5) COMPENSAI ION.??The Director shall re-
ceive the same compensation as the Comp-
troller General. of the United States. The
Deputy Director shall receive the same com-
pensation as the Deputy Comptroller Gen-
eral of the United States.
(b) Peasoetana--The Director shall ap-
point and fix the compensation of such per-
sonnel as may be necessary to carry out the
duties and functions of the Office, All per-
sonnel of the Office shall be appointed with-
out regard to political affiliation and solely
on the basis of their fitness to perform their
duties. The Director may delegate to person-
nel of the Office authority to perform any of
the duties, powers, and functions imposed on
the Office or on the Director. For purposes
of pay (other thin 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 em-
ployees of the Ser.ate.
(c) EXPERTS AND CONSULTANTS.?In carry-
ing out the duties and functions of the Of-
fice, the Director may procure the temporary
(net to exceed one year) or intermittent
services of experts or consultants or orga-
nizations thereof by contract as independ-
ent contractors, or, in the case of individual
experts or consultants by employment, at
rates of pay not in excess of the daily equiv-
alent of the highest rate of basic pay pay-
able under the General Schedule of section
5332 of title 5, United States Code.
(d) RELATIONSHIP TO EXECUT/VE BRANCH.?
( 1 ) SECURING, O' /N FORMATION, ETC.?The
Director is authorized to secure information,
data, estimates, and statistics developed by
various departmeats, agencies, and establish-
ments of the executive branch of Govern-
ment and regulatory agencies and commis-
sions of the Government in the course of
their operations and activities. All such de-
partments, agences, and establishments and
regulatory agenc es and commissions shall
cooperate with the Director by furnishing to
him that Material which he determines to tie
necessary in the performance of his duties
and functions. This paragraph shall not ap-
ply to any information, data, estimates, or
statistics, the disclosure of which is spe-
cifically prohibited by law.
(2) UTILIZATION OF SERVICES, ETC.?III
carrying out the lutes and functions of the
Office, the DirecacT may, as agreed upon with
the head of any department, agency, or
establishment of the executive branch of
Government or regulatory agency or com-
mission of the Government, utilize the serv-
ices, facilities, and personnel of such de-
partment, agency, OT establishment or such
regulatory nein} or commission. The utili-
zation of such services, facilities, and per-
sonnel may be a ith or without reimburse-
ment by the Of Ice as may be agreed to.
(3) FURNISHING or SERVICES, ETC.--The
head of each department, agency, and estab-
lishment in the executive branch, agency,
and establishment in the executive branch,
or regulatory agency or commission, is au-
thorized to provide the Office the services,
facilities, and personnel referred to in para-
graph (2).
(e) RELATIONSIIIP TO OTHER AGENCIES OF
CONGRESS.?
(1) COORDINATION" OF OPERATIoNS.?The Of-
fice, the General Accounting Office, the
Library of Congress, and the Office of Tech-
nology Assessment shall fully coordinate and
cooperate in planing and conducting their
operations to utilize most effectively the in-
formation, services, and capabilities of all
congressional agencies in carrying out the
various responsi eilities assigned to each
agency.
(2) OBTAINING INFORMATION, ETC.?Ill carry-
ing out the duties and functions of the Office,
the Director is authorized to obtain informa-
tion, data, estimates, and statistics developed
by the General Accounting Office, the Library
of Congress, and the Office of Technology As-
March 1.9i, 1974
sessinent in the course of their cperations
and activities. R,reallesre for information, and
the compliance with such requests, pursuant
to this subsection shall be in accordance with
procedures to he developed and agreed upon
between the =mane cud the Comptroller
General, the Lfierariall, of Congress, or the
Technology AsSessment Board, as the case
may be.
(3) UTILIZATION OF SI. RVIC.ES, arc.--In carry-
ing out the euties and functions of the Office,
the Director may, as agreed upon with the
Comptroller General, the Librarian of Con-
gress, or the Technology Assessment Board,
as the case may be, utilize the services, facili-
ties, and personnel of the General Accounting
Office, the Library of Congress, and the Office
of Technology Assessment. The utilization of
such services, facilities, and personnel may be
with or without reimbursement by the Office
as may be agreed to.
(4) FURNISHING OF SERV ICES, ETC.?The
Comptroller General, the Librarian of Con-
gress, and the Technology Assessment Board
are authorised to provide the Office the serv-
ices, facilities, said personnel referred to in
Paragraph (3).
(5) EXISTING AUTHORITIES NOT creamier:
errectre.?Thccept at otherwise specifically
provided, nothing in this title shall be con-
strued as modifying any existing authorities
or responsibilities of the General Accounting
Office, the Library of Congress, and the Office
of Technology Assessment,.
(f) APPROPRIATIONS.?There are authorized
to be appropriated to the Office for each fiscal
year such S'IMS as may he necessary to en-
able it to carry out its duties and functions
Until sums ere first appropriated to The Office
pursuant to the preceding sentence, the ex-
penses a the Office shall he paid, in accord-
ance with the paragraph relating to the con-
tingent fund of the Seante under the heading
'UNDER LEGISLATIVE" in the Act of Octo-
ber 1, 1888, (28 Stat. 546; 2 U.S.C. 68), and
upon vouchers approved by the Director, from
the contingent fund of the Senate.
EITTIES AND FUNCTI ONS
SEC. 202. (a) ASSISTANCE TO BUDGET COM-
MITTELS.?It shall be the duty and function
of the Office to provide to the Committees on
the Budget cd both Houses information which
will assist such eomrnitteea in the discharge
of all matters within their jurisdiction, in-
cluding information with respect to the
budget, appropriation bills, other bills au-
thorizing or providing budget authority or
tax expendieures, and with respect to reve-
nues, receipts, estimated future reve:aues and
receipts, ant changing revenue conditions.
The Office shall also provide to the Commit-
tee on the Budget of either House such
tether related information as such commit-
tee may request. At the request of the
Committee ,en the Budget of either House,
personnel oi the Office shall be assigned, on
a temporary basis, to assist such committee.
(b) ASSIS':7ANCE TO orkTER COMMITTEES AND
Msereess.?At the request of any other com-
mittee of the Senate or the House of Repre-
sentatives cr any joint committee of the
Congress, the Office shall provide to such
committee CT joint committee any informa-
tion compiled in carrying out the first sen-
tence of subsection (a) and any additional
detailed information related to the forego-
ing, as requested. At the request of any such
committee or joint committee, personnel of
the Office may be assigned, on a temporary
basis, to assist such committee or joint com-
mittee with respect to matters directly re-
lated to the information referred to in the
preceding sentence. At the request, of any
Member of the Senate or the House, the
Office shall provide to such Member any
information compiled in carrying out the
first sentence of subsection (a) and any ad-
ditional detailed information related to the
foregoing, to the? extent practicable, as re-
quested.
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(C) TRANSFER OF FUNCTIONS OF JOINT COM-
MITTEE ON REDUCTION OF FEDERAL EXPEND
I-
(1) The duties, flanctions, 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:
(d) REPORT ON REVENUES AND BUDGET OUT-
LAYS.?On or'before April 15 of each year, and
based on his estimates of revenues expected
to be 'received during the fiscal year begin-
ning on October 1 of such year, the Director
shall report to the Congress with respect to
alternative levels of total revenues and total
outlays for such fiscal year and the surpluses
or deficits related to such alternative levels.
Such report shall also set forth the levels of
tax expenditures under existing law for such
fiscal year (the tax expenditure budget), tak-
ing into account projected economic factors,
.MIC1 any changes in such levels based on pro-
posals in the budget submitted by the Presi-
dent for such fiscal year. The Director may
at any time thereafter submit subsequent re-
ports to the Congress revising the report re-
quired by this subsection.
(e) PROJECTION OF REVENUES AND BUDGET
OuzLaYs,?The Director shall develop infor-
Ination,With respect to the effect of existing
laws on revenues and tax expenditures, and
of existing authorizations and budget au-
thority on outlays, during the current fiscal
,year and the ensuing four fiscal years. Such
,1nformation shall include a compilation of
tax expenditures and outlays, by major fund-
tional categories, and, to the extent prac-
ticable, an analysis of the interrelationship
of existing authorizations, budget authority,
and tax expenditures.
(f) USE OF COMPUTERS AND OTHER TECH-
NIQUES.?The -Director may equip the Office
with up-to-date computer capability (upon
'approval of the Committee on Rules and Ad-
lidnistration of the Senate and the Commit-
tee on House Administration of the House of
Representatives) , obtain the services of ex-
perts and consultants in computer tech-
nology, and develop techniques for the eval-
uation of, budgetary requirements.
Posue. ACCESS TO BUDGET DATA
BBC. 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 sec-
tions 201(d) (1) and 201(e) (2), available
for public copying during normal business
hours, subject to reasonable rules and regu-
lations prescribed by the Director. To the
extent practicable, he shall, at the request
of any person, furnish a copy of any such in-
formation, data, estimates, or statistics re-
quested, upon payment by such person of
the cost of making and furnishing such
copy.
(b) Immx.?The Director shall develop and
maintain filing, coding, and indexing systems
that identify the information, data, esti-
mates, and statistics to which subsection
(a) applies and shall make such systems
available for public use during normal busi-
ness hours.
(c) EXCEPTIONS.?Subsection (a) shall not
apply to information, data, estimates, and
statistics?
(1) which are specifically exempted from
disclosure by Act of Congress; or
(2) which the Director determines will
disclose?
(A) maders necessary to be kept secret in
the interests of national defense or the con- .
fidential conduct of the foreign relations
of the United Sates;
(B) information relating to the trade sec-
rets or financial or commercial information
pertaining specifically to a , given person if
the information hag been obtained.. by, the
Government on a confidential basis, other
than through an application by such per-
son 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; or
(C) personnel or medical data or similar
data the disclosure of Which Would consti-
tute a clearly unwarranted invasion of per-
sonal privacy; ,
unless the portions containing such informa-
tiod have been excised.
(d) INFORMATION OBTAINED FOR COMMIT-
TEES AND MEmspes.?Subsection (a) shall ap-
ply to any information, data, estimates, and
S 3739
statistics obtained at the request of any
committee or Member of the Senate or the
House of Representatives, or any joint com-
mittee of the Congress, unless the commit-
tee, Member, or joint committee making the
request has instructed the Director not to
make such information, data, estimates, or
statistics available for public copying.
TITLE III?CONGRESSIONAL BUDGET
^ PROCESS
The timetable with respect to the con-
gressional budget process for any fiscal year
Is as follows:
On or before:
November 10
February 15
April 1
April 15
May I
May 15
June 1
(1) Five days before beginning of August
adjournment
Or
(2) August 7 when no August adjourn-
ment.
(1) Three days before beginning of Au-
gust adjournment,
or
(2) August 15 when no August adjourn-
ment.
(1) Three days after end of August ad-
journment
? or
.(2) Four days after Labor Day when no
August adjournment.
September 25
Ootober 1
Action to be completed:
President submits current services budget.
President submits his budget.
Committees and joint committees submit re-
ports to Budget Committees.
Congressional Office of the Budget submits
report to Congress.
Budget Committees report first concurrent
resolution to their Houses.
Committees report bills and resolutions au-
thorizing new budget authority.
Completion of all action on first concurrent
resolution.
Completion of enactment into law of all bills
and resolutions providing new budget au-
thority.
Budget Committees report second required
concurrent resolution.
Completion of all action on second required
concurrent resolution.
Congress completes action on reconciliation
bill implementing second required con-
current resolution.
Fiscal year begins.
ADOPTION OF FIRST CONCURRENT RESOLUTION
SEC. 301. (a) ACTION TO BE COMPLETED BY
JUNE 1.?On or before June 1 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) TOTAL BUDGET OUTLAYS AND TOTAL NEW
BUDGET AUTHORITY.?ApprOpriate levels of
total budget outlays and total new budget
authority;
(2) ALLOCATIONS OF TOTALS.?An estimate
of budget outlays and an appropriate level
of new budget authority?
(A) for each major functional category,
for contingencies, and for undistributed in-
tragoverrunental transactions, based on allo-
cations of the appropriate levels of total
budget outlays and total new budget au-.
thority;
(B) within each major functional cate-
gory, for all existing programs (including re-
newals thereof) in the aggregate and for all
proposed programs in the aggregate, based
on the estimate and appropriate level allo-
cated to that category; and
(C) based on the total estimate and ap-
propriate level allocated for all existing pro-
grams (including renewals thereof) within
each major functional category, in the ag-
.gregate for all permanent authority for such
programs and in the aggregate for such pro-
grams whose funds are generally provided in
appropriation Acts, with the estimate and
appropriate level for funds so provided being
further subdivided between controllable
amounts and all other amounts;
(3) ESTIMATED asvErruzs.?Estimated reve-
nue receipts;
(4) RECOMMENDED SURPLUS OR DEFICIT.?
The amount, if any, by which revenues
should exceed budget outlays, or by which
budget outlays should exceed revenues, con-
sidering economic conditions and all other
relevant factors;
(5) LEVEL OF, AND RECOMMENDED CHANGE
IN, TOTAL REVENUES.?The appropriate level
of Federal revenues, and the amount, if any,
by which the aggregate level of Federal reve-
nues should be increased or decreased by
bills and resolutions to be reported by the
appropriate committees;
(6) LEVEL OF, AND RECOMMENDED CHANGE
/N, PUBLIC nzer.?The appropriate level of
the public debt, and the amount, if any, by
which the statutory limit on the public debt
should be increasedfor decreased by bills and
resolutions reported by the appropriate com-
mittees; and
(7) OTHER MATTERS.?Such other matters
relating to the budget as may be appropriate
to carry out the purposes of this Act.
(b) ADDITIONAL MATTER IN CONCURRENT
RESOLUTION?The first concurrent resolu-
tion on the budget may also include provi-
sions to one of the following procedures:
(1) that each bill or resolution providing
new budget authority for that fiscal year
(other than supplemental, deficiency, and
continuing appropriation bills and resolu-
tions) shall contain a provision that the new
budget authority provided in such bill or
resolution shall not become effective until a
provision has been enacted into law, after
all such bills and resolutions providing new
budget authority have been enacted into
law, that the new budget authority con-
tained in such bill or resolution shall be-
come effective;
(2) that all bills and resolutions providing
new budget authority for such fiscal year
shall not be enrolled until the concurrent
resolution required to be reported under
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section 901(a) has been agreed to, and, if a
reconciliation bill is required to be reported
under section 910(c), until after that bill
has been enrolled;
(3) that all provisions for new budget au-
thority Which would be included in appro-
priationActs (other tb.arienippIerilental and
deficiency appropriation Aets) for such fis-
cal year be included instead in one bill; or
(4) env other procedure which is con-
sidered appropriate to carry out the pur-
poses of this Act. ,
(C) REPORTS BY JOINT ECONOMIC COMMIT-
TEE.?On or before April 1 of each year, the
Joint Economic Committee shall report to
the Committees on the Budget of both Houses
its recommendations as to the fiscal policy
appropriate to the goals of the Employment
Act of 1n46, including, where appropriate,
recommendations with regard to major func-
tional categories of new budget authority
and budget outlays. The joint committee
shall also, from time to time, report to the
Committees on the Budget of both Houses
such other recommendations as it deems ad-
visable.
(d) VIEWS AND ESTIMATES OF OTHER COM-
MITTEES.--On or before April 1 of each year,
each standing committee of the Senate shall
submit to the Committee on the Budget of
the Senate, each standing committee of the
House of Representatives shall submit to the
Committee on the Budget of the House, and
the 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 (al which
relate to matters within the respective jur-
isdiction or functions of such committee or
joint committee; and
(2) except in the case of the Joint Com-
mittee on Internal Revenue Texation, the es-
timate 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 jurisdic-
tion of such committee which such committee
intends to be effective during the fiscal year
beginning on October 1 of such year.
Any other committee of the Senate or House
may submit to the Committee on the Budget
of its House, and any other joint committee
of the Congress may submit to the Com-
mittees on the Budget of both Houses, its
views and estimates with respect to all mat-
ters set forth in subsection (a) which re-
late to matters within its jurisdiction or
functions,
(e)Reeowrnec.?On or before May 1 of
each year, the Committee on the Budget of
each House shall report to its House the first
concurrent resolution on the budget referred
to in subsection (a) for the fiscal year be-
ginning on October 1 of such year. The re-
port accompanying such concurrent resolu-
tion shall include, but not be limited to--
(1) a comparison of revenues, as esti-
mated for the purposes of such concurrent
resolution, with those estimated in the budg-
et 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 esti-
mated and total new budget authority re-
quested _in the budget submitted by the
President;
(3) the economic assumptions and pro-
grams objectives which underlie the appro-
priate levels, estimatee, deficits or. surpluses,
and levels of revenue and public debt set
forth in such concurrent resolution, and
the alternative economic assumptions and
program objectives Which the committee con-
sidered in formulating such concurrent
resolution;
(4) speoific projections, not limited to the
following,, for the period of five fiscal years
beginning with such fiscal year of ?
(A) the estimated levels of total budget
outlays and total new Midget authority for
each fiscal year in such period;
(B) the estimated revenues to be received,
and the estimated surplus or deficit, if any,
for each fiscal year in such period, based
upon such estimated revenues and the es-
timated levels of total budget outlays and
total new budget authority pet forth pur-
suant to subparagraph (A) ; and
(C) the estimated levels of tax expendi-
tures by major functional categories;
(5) an expla.ration of any significant
changes in the proposed levels of Federal
assistance to Sia-n and local governments;
and
(6) allocations Df the appropriate levels of
the total budge; outlays and total new
budget authority among each committee of
the Senate and House which has jurisdiction
over bills and reriolutions providing budget
authority, with sech allocations made with
respect to the Committees on Appropriations
of the two Houses being further subdivided
among the subcommittees of such com-
mittees.
Such report that also contain the recom-
mendations of the Joint Economic Committee
as reported pursuant to subsection (c), the
separate views and estimates of other com-
mittees .and joint committees as submitted
pursuant to subsection (d), and an explana-
tion of the Committee on the Budget of ac-
tions taken with respect to such recommen-
dations, views, and estimates.
(f) Feoon AcrioN.?On or before May 20
of each year, each House shall complete ac-
tion on the first concurrent resolution on
the budget referred to in subsection (a) for
the fiscal year beginning on October 1 of
such year (except for action on any confer-
ence report on such concurrent resolution).
(g) EXTENSION WHERE SPECIFIED DATE PALLS
ON SATURDAY, SUNDAY, OR Hommte.?When
any date (other than October 1) specified
in subsection (e) or (f) falls on a Saturday,
Sunday, or legal holiday in the District of
Columbia in any year, there shall be sub-
stituted for that date during that year the
next succeeding date which is not a Satur-
day, Sunday, or legal holiday in the District
of Columbia.
REPORTS AFTER ADOPTION or CONCURRENT
RESOLUTIONS
SEC, 302. (at MAKING ALLOCATIONS.?AS
soon as practicable after the first concurrent
resolution on the budget for a fiscal year has
been agreed to pursuant to section 301, and
as soon as practicable after any concurrent
resolution on the budget under section 304
or 310 has been agreed to--
(1) the Conerairtee on the Budget of each
House shall make an estimated allocation,
based upon such concurrent resolution, of
the appropriate levels of total budget outlays
and total new budget authority among each
committee of its Bonze which has jurisdiction
over bills and resolution providing such new
budget authority; and
(2) based upon the allocation to it under
paragraph (1), the Committee on Appropria-
tions of each House shall?
(A) subdivide such allocation among its
subcommittees; aed
(B) further stlxlivid.e the amount with
respect to each such subcommittee between
controllable amounts and all other amounts.
In the case of a concurrent resolution on
the budget referred to in section 304 or 310,
the allocation under paragraph (1) and sub-
divisions under paragraph (2) shall be re-
quired only to the extent necessary to take
into account revisions made in the most re-
cently agreed to concurrent resolution on
the budget.
(b) SUBMISSION OF REPORT.?The Commit-
tee on Appropriations of each House shall
promptly transmit the information deter-
mined in accordance with subsection (a) (2)
March 13, 1974:
to the Committee on the Budget of its House.
ieaoh information shall be imiltided in a re-
port, without change, by that Committee on
the Budget 'with the allocations made by it
under subsection (a) (1).
FIRST CONCURRENT RESOLUTION ON THE BUDGET
MUST BE ADOPT= BEFORE IMICET AUTHORITY
AND CHANGES Di REVENUES AND PUBLIC DEBT
LIMIT ARE MADE
SEC. SOS. (61) IN Cizenteett?It shall not be
in order in either the Senate or the House
of Representatives to consider any bill or
resolution (or amendment thereto) which
provides?
(1) new 'Widget authority for a fiscal year;
(2) -an increase or decrease in revenues to
become effective during a !fecal year, or
(9) an increase or decrease in the public
debt limit to become effective during a fiscal
year;
until the first concurrent resolution on the
budget for such year has been agreed to pur-
suant to section 901 or until June leereced-
I ng the beginning of Such fiscal yeas, which-
ever Ern OMITS.
(b) Exceprunes.--Subsection (a) does not
apply to any bill or resolution--
(1) providing new advance spending au-
thority (as defined in section 401(c) );
(2) increasing or decreasing revenues,
equivalent amounts of which are paid into
trust funds described in section 40I(d) (1);
(3) providing new budget authority which
-fleet becomes available in a fiscal year fol-
lowing the fiscal yeas to which the concur-
rent resolution applies; or
(4) increasing or decreasing revenues
which first becomes effective in a fecal year
following the iirscal year to which the con-
current resolution applies.
(c) Warren IN THE SENATE.--
(1) The committee Of the Senate which
reports any bill or resolution to which sub-
section (a) applies may, at or atter 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
-;he reasons 'why the waiver is necessary. The
resolution shall then be referred to the Corn-
inittee on the Budget of the Senate. That
eommitee shall report the re-solution to the
Senate within ten days after the resolution
Is referred to it (not counting any day on
which the Senate is not in session) begin-
ning with the day following the day on which
it is so referred, accompanied by that com-
mittee's recommendations and reasons for
leach reconunendations with respect to the
resolution. If the committee does not report
the resolution within suah ten-day period,
it shall automatically be discharged from
-further consideration of the resolution arid
.tintean
re solutienshall be placed on the Cal-
d(2) During the consideration of einy such
resolution, debate shall be limited to one
hour, to be equally divided between, and con-
trolled by, the majority and minority lead-
ers or their designees. and the time on any
debatable motion or appeal shall be limited
.to twenty minutes, to be equally divided be-
tween, and controlled by, the mover and
-he manager of the resolution. In the event
the manager of the resolution is In: favor of
any such motion or appeal, the time in op-
position thereto shall be eontrolleSi by the
minority leaner or his designee. Such leaders,
or either of them, may, front the time under
their control on the passage of such. resolu-
tion, allot additional time to any Senator
during the consideration of any debatable
motion or appeal. No amendment to the res-
olution is in Order.
(3) If, after the Committee on the Budget
has reported (or been eischaeged from fur-
l-her consideration of) the resolution, the
Senate. agrees to the resolution, then sub-
section (a) of this section shall not apply
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with respect to the bill or resolution to which
the resolution so agreed to applies.
PERMISSIBLE REVISIONS OF CONCURRENT
atsot,ustoNs ON THE BUDGET
SEC. 304. ,At any time after the first con-
current resolution on the budget for a fiscal
year has been agreed to pursuant to section
301, and before the close 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 RELATING TO THE CONSIDERATION
OF CONCURRENT RESOLUTIONS ON THE
BUDGET
SEC. 305. (a) PROCEDURE IN SENATE AFTER
REPORT OF COMMITTEE; DEBATE; AMEND-
MENTS .?
(1) Debate in the Senate on any concur-
tent resolution on the budget, and all amend-
ments thereto and debatable motions and
appeals in connection therewith, shall be
limited to not more than fifty 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 fifteen 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 amend-
ment to a concurrent resolution on the
budget shall be limited to two hours, to be
equally divided between, and controlled by,
the mover and the manager of the concur-
rent resolution, and debate on any amend- ,
ment to an amendment, debatable motion, or
appeal shall be limited to one hour, to be
equally divided between, and controlled by,
the mover and the manager of the concur-
rent resolution, except that in the event the
manager of the concurrent resolution is in
favor of any such amendment, motion, or ap-
peal, the time in opposition thereto, shall be
controlled by the minority leader or his cles-
ignee. No amendment that is not germane
to the provisions of such concurrent resolu-
tion 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 Sen-
ator during the consideration of any amend-
ment, 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 re-
port back within a specified number of days,
not to exceed three, not counting any day on
Which the Senate is not in session) is not in
order. Debate on any such motion to recom-
mit shall be limited to one hour, to be
equally divided between, and controlled by,
the mover and the manager of the concur-
rent resolution.
(4) Notwithstanding any other rule, an
amendment, or series of amendments, to a
concurrent resolution on the budget pro-
posed 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 math-
ematically consistent or so as to maintain
such consistency.
(b) PROCEDURE IF HOUSE PASSES CONCUR-
RENT RESOLUTION Fiear.?If, prior to the pas-
sage of a concurrent resolution on the budget
by the Senate, the Senate receives from the
House of Representatives a concurrent reso-
lution on the budget of the House, then?
(1) the procedure with respect to the con-
current resolution of the Senate shall be the
same as if no eencurrent resolution from the
House had been received; but
(2) on any vote on final passage of the
concurrent resolution of the Senate the con-
current resolution of the House shall be
automatically substituted with all after the
resolving clause struck and the language of
the concurrent resolution of the Senate sub-
stituted therefor.
( C ) ACTION ON CONFERENCE REPORTS IN THE
SENATE.?
(I) The conference report on any concur-
rent resolution on the budget shall be in or-
der 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 avail-
able to Members of the Senate. A motion to
proceed to the consideration of the confer-
ence report may be made even though a
previous motion to the same effect has been
disagreed to.
(2) During the consideration in the Senate
of the conference report on any concurrent
resolution on the budget, debate shall be
limited to ten 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 one hour, to be equally divided
between, and controlled by, the mover and
the manager of the conference report.
(3) Should the conference report be de-
feated, debate on any request for a new con-
ference and the appointment of conferees
shall be limited to one hour, to be equally
divided between, and controlled by, the man-
ager of the conference report and the minor-
ity leader or his designee, and should any
motion be made to instruct the conferees
before the conferees are named, debate on
such motion shall be limited to one-half
hour, to be equally divided between, and con-
trolled by, the mover and the manager of
the conference report. Debate on any amend-
ment to any such instructions shall be lim-
ited to twenty 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 re-
port 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) In any case in which there are
amendments in disagreement, time on each
amendment shall be limited to thirty min-
utes, to be equally divided between, and
controlled by, the manager of the conference
report and the minority leader of his des-
ignee. No amendment that is not germane
to the provisions of such amendments shall
be received.
(d) CONCURRENT RESOLUTION MUST BE
CONSISTENT.?It shall not be in order in the
Senate to vote on the question of agreeing
to.?
(1) 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 recom-
mended in such conference report, are
mathematically consistent.
REQUIRED ACT/ON BY CONFERENCE COMMITTEE
SEC. 306. If a committee of conference on a
concurrent resolution on the budget is un-
able, within seven days (excluding Satur-
days, Sundays, and legal holidays) 'after the
conferees of each House have been appointed
to such committee, to agree, and submit a
conference report, with respect to all
amounts in the concurrent resolution which
are in disagreement between the two Houses,
then the conferees of each House, shall sub-
mit to their House a conference report
recommending?
(1) the amounts upon which the com-
mittee of conference is in agreement; and
(2) in the case of amounts upon which
the committee of conference is not in agree-
ment, an amount which is the midpoint
between the amount contained in the con-
current resolution as agreed to by the Sen-
ate and the amount contained in the con-
current resolution as agreed to by the House.
In the case of the first concurrent resolu-
tion on the budget referred to in section 301,
the preceding sentence shall not require the
submission of a conference report before
May 25 of any year, and, in the case of the
second required concurrent resolution on
the budget referred to in section 310(a), the'
preceding sentence shall not require the
submission of a conference report earlier
than five days preceding the date on which
action on such concurrent resolution is re-
quired to be completed.
LEGISLATION DEALING WITH CONGRESSIONAL
BUDGET MUST BE HANDLED BY BUDGET COM-
MITTEES
SEC. 307. No bill or resolution, and no
amendment to any bill or resolution, dealing
with any matter which is within the juris-
diction of the Committee on the Budget of
either House shall be considered in that
House unless it is a bill or resolution which
has been reported by the Committee on the
Budget of that House (or from the considera-
tion of which such committee has been dis-
charged) or unless it is an amendment to
such a bill or resolution.
SUMMARIES OF CONGRESSIONAL BUDGET ACTIONS
SEC. 308. (a) REPORTS ON LEGISLATION PRO-
VIDING NEW BUDGET Atrmostry.?Whenever a
committee of either House reports a bill or
resoluton to its House providing new budget
authority for a fiscal year, the report accom-
panying that bill or resolution shall contain
a statement prepared after consultation with
the Director of the Congressional Office of
the Budget detailing?
(1) how the new budget authority in that
bill or resolution compares with the new
budget authority set forth in the most re-
cently agreed to concurrent resolution on the
budget for such fiscal year and the reports
submitted under section 302;
(2) a projection for the period of five fiscal
years beginning with such fiscal year of the
budget outlays which will result from that
bill or resolution in each fiscal year in such
period; and
(3) the impact on State and local govern-
ments of the new budget authority, and
budget outlays resulting therefrom, provided
by that bill or resolution.
The committee is not required to include in
the report a projection in accordance with
paragraph (2) for any fiscal year in such five-
year period, or to detail such impact in ac-
cordance with paragraph (3), if the commit-
tee determines that the projection for such
year or detailing that impact, as the case may
be, is impracticable and states in the report
the reasons for such impracticability.
(b) UP-To-DATE TABULATION OF CONGRES-
SIONAL BUDGET Aormws.?The Director of the
Congressional Office of the Budget shall issue
periodic reports detailing and tabulating the
progress of congressional action on bills and
resolutions providing new budget authority
and changes in revenues and the public debt
limit for a fiscal year. Specifically, such re-
port shall include?
(1) an up-to-date tabulation comparing
the new budget authority, and estimated
outlays resulting therefrom, in bills and res-
olutions on which Congress has completed
action to the new budget authority and es-
timated outlays set forth in the most re-
cently agreed to concurrent resolution on
the budget for such fiscal year and the re-
ports submitted under section 302;
(2) an up-to-date status report on all bills
and resolutions providing new budget au-
thority and changes in revenues and the
public debt limit for such fiscal year in both
Houses;
(3) an up-to-date comparison of the ap-
propriate level of revenues contained in the
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most recently agreed to concurrent resolu-
tion on the budget for such fiscal year with
the latest estimate of revenue receipts for
such year (including new revenues antici-
pated during such year under bills and res-
olutions on which the Congress has com-
pleted action) ; and
(4) an tip-to-date comparison of the ap-
propriate 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) Frva-Yree, PROJECTION OF CONGRE.SSION.
AL BUDGET XeTION.?As soon as practicable
after the beginning of each fiscal year, the
Director of the Congreesiorial Office of the
Budget shall issue a report projecting for
the period of five fiscal years beginning with
such fiscal year--
(1) total new budget authority and total
budget outlays for each fiscal year in such
period, excerpt that for any fiscal year in sueh
period that the Director determines a pro-
jection to be impracticable, no such projec-
tion shall ee required if the Director states
'she reasons for such impfacticabaity with
respect to that year; and
(2) revenues to be received and the major
sources thereof, and the surplus or deficit,
ef any, for each fiscal year in such period.
(d) UNCONTROLLABLE OUTLAYS AN) OUTLAYS
NOT WITHIN JURISDICTION or APPROPRIATIONS
C0mearreares.--
(1) APPROPRIATIONS coeimrriers.--The
Committee on Appropriations of each House
shall, with respect to bills and resolutions
which provide new budget autheetity for a
nacral year for uncontrollable outlays, in-
clude in the report aceompanylog such bill
or resolution its estimate of the tlital
out-
lays which will be made during that fiscal
year under each new budget authority and
budget authority provided for prier fiscal
Years.
(2) OUTLAY S NOT WIIIIIN-IURTSLICTION OF
tppROPRIATTONS comeurrees.?The Committee
on the Budget of each House ellen on or be-
fore August. 1 of each year, report to its House
its estemaie of the total outlays which will
be made during the fiscanyear beginning on
October 1 of that year under budget author-
ity which is not provided in appropriation
Acts.
(e) REPCRTS ON LEGISLATION PROVIDING New
TAX EXPENDITURES.?Whenever a .committee
of either House reports e bill for resolution
to its House providing new or Increased tax
expenditures during a fiscal year, the report
accompanying that bill or resolution shall
contain a statement prepared after consulta-
tion with the Director of the Congressional
Office of the Budget detailing?
(1) bow the new tax expenditures provided
In that bill eer resolution will affeet the levels
of tax expeneditteree under existing law as set
forth in the repent _accompanying the first
concurrent resolution on the budget for such
fiscal year, or, if a report accompanying a
subsequently agreed to concurrent resolution
for suela year sets forth such levels, then as
set forth in that report, and a jostification
for any deviation from tnose levels; and
(2) a projection for a period of five 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, except that for any fleeel year in such
period that the 'committee determines such
projection to be impracticable, no such pro-
jection shall be required if the committee
states the reasons for such Impracticability
with respect to that year.
ACTION ON BILLS PROVIDING NEW BUDGET
AUTHORITY
SEC. 309. In order to promote sound fiscal
policies arid procedures, the Congress declares
that?
(1) not later than five days before the be-
ginning of' an adjournment token in an odd-
numbered year under section 132(a) (2) of
the Legislative Reorganization Act of 1946,
or, in any year in which there is no such
adjournment, not later thane August 7 pre-
ceding the beginning of a fiscal year, all bills
and resolutions peoviding new budget au-
thority for such fiscal year (other than sup-
plemental, deficiency, and continuing appro-
priation bills and resolutions) amid all bills
and resolutions providing new tax expendi-
tures during such fiscal year shall be en-
acted into law; and
(2) if a reconcaation hill is required to be
reported under section 310(0) for a fiscal
year, the Congress shall complete action on
that bill by September 2f. preceding such fis-
cal year.
SECOND REQUIRED CONCURRENT RESOLUTION AND
RECONCILIATION BILL
Inc. 310. (a) REPORTING OF CONCURRENT
RFSOLIIT/ON.?Not eater than three days be-
fore 'the beginning of an adjournment taken
In an odd-numbered, year under section 132
(a) (2) of the Legislative Reorganization Act
of 1946, or, in any year in which there is no
such adjournment, not later than August 15,
the Committee on the Budget of each ROI iSe
shall report to fts House a concurrent reso-
lution on the budget which reaffirms or re-
vises the concurrent resolution on the budg-
et most recently agreed to with respect to the
fiscal year beginning on October 1 of such
year. Any such concurrent resolution on the
budget to reaffirm or revise shall also, to the
extent necessary--
(1) (A) specify tne total amount by whieh
new budget authority for such fiscal year
and budget authority for any prior fiscal
yeax contained in laws within the jurisdic-
tion of a committee is to be changed and
direct that committee to determine and
recommend changes in such laws to accom-
plish a change of such total amount; or
(B) whenever tiubparagraph (A) is in-
feasible, direct that all budget authority
available for any such Its cal year be changed
On a pro rata Wale (other than budget au-
thority for uncenerollable outlays with re-
spect to provisions of laws already in effect);
(2) specify the total amount by which
revenues are to be changed and direct the
committees having jurisdiction to determine
and recommended changes in the revenue
laws to accomplish a change of such total
amount;
(3) specify the amount by which the stet-
iitory limit on the public debt is to be
changed and direct the committees having
jurisdiction to recc.mmend such change; or
(4) any combir ation of paragraphs (I),
(2), and (3).
(b) COMPLETION OF ACTION ON CONCUR-
RENT RESOLUTION.---Not later than three days
after the end of an adjournment taken in
an odd-numbered year under sectio:a 132(a)
42) of the Legie.ative Reorganization Act of
1946, or, in any, year in which there is no
such adjournment, not later than four days
after Labor Day Cf that year, the Congress
shall complete action on the concurrent res-
olution On the budget referred to in subsec-
tion (a) which reaffirms or revises the con-
current resolution on tie budget most re-
cently agreed to.
(c) Recormitaixtow liten?If a concurrent
resolution on the budget is agreed to in
accordance with subsection (a) containing a
direction that changes in laws be made,
and?
(1) only one committee Is directed to
determine and recommend changes, that
committee shall promptly make such deter-
mination and recommendatiOns and report
a reconciliation bill to its House containing
such recommendations; or
(2) more than one committee is directed
to determine and recommend changes, each
such committee se directed shall promptly
make such deteambiation and recommend
changes and submit such recommendations
to the Committee on the Budget of its
House. The Committee on the Budget, upon
receiving all such recominendationsesnall re-
port to its House a reconciliation bill con-
taining, without substantive revision, all
Such recommendations.
Id) COMPLETION OF ACTION ON RECONCILI-
ATTON Bue...?Oongreas shall complete action
on any reconciliation bill reported under
subsection (e) not later than September 25
Immediately preceding the beginning of the
fiscal year commencing October 1.
te) PROCEDURE EN 1.ttr, SENATE.? ,
(1) Except as provided in paragraph (2),
the provisions of section 305 for the consid-
eration in the Senate of concurrent resolu-
tions on the budget and conference reports
thereon shall also apply to the consideration
Is the Senate of reconciliation bills reported
niider f
subsection (e) and concrence reports
thereon.
(2) Debate in the Senate cm any reconcili-
ation bill reported under subsection (e), and
all amendments thereto and debatable mo-
tions and anneals in connection- therewith,
shall be limited to not more than twenty
hours. Any reconciliation bill originating in
the Senate which paSSCS the Senate contain-
ing any matter relating to revenues shall not
be engrossed or transmitted to the House of
Representatives.
(f) CONGRESS MAY No) Alive-lens OR, RECESS
UNTIL ACTION Is Goespierree.--It shall not be
In order in either the Senate or the House
pt to consider any resolution
p (u1L; or for adjuommeat sine die of either
House;
(2) for the adjournment or receas, after
September 3C. of any year, of either House
for a period of more than three days;
unless action has been completed on the con-
current resolution on the budget required to,
be reported under subsection (a) for the fis-
cal year beginning on October 1 of such year,
said, if a reconciliation bill is required to be
reported under subsection (c) for such fiscal
year, unless the Congrese has completed ac-
tion on that bill.
(g) SHORTENING OF AUGUST Recess.--Sec-
tion 132(a) (2) of the Legislative Reorgani-
zation Act of 1946 (2 U.S.C. 198(a) (2) ) is
amended by striking out "thirty days" and
inserting in lieu thereof 'twenty-three days".
NEW BUDGET ATITHORIT'' MUST BE WITHIN
,iPPROPRIATE LEVELS
SEC. 311, After all regular annual bills and
resolutions providing new budget authority
for a fiscal year have been enacted into law,
and, if a reconciliation bill for such fiscal year
Is required to be reported under section 310
(r), after that bill has been enacted into law,
it shall not be in order in either the Senate
or the House of Representatives to consider
any bill or resolution providing additional
new budget authority for such fiscal year,
any amendment to any such bill or resolu-
tion, or any confernce report on any such bill
Or resolution, 11?
(1) the enactment of such bill or resolu-
t L013 as reported; '
(2) the adoption of such amendment and
toe enactment of such bill or resolution as
so amended; or
(a) the enactment of such bill of resolu-
tion in the form recommended in such con-
ference report; would cause the app:ropriate
level of total new budget authority or total
budget outlays set forth In the most recently
agreed to concurrent resolution on the budg-
et for such fiscal year to be exceeded.
TITLE IV?ADDITIONAL leROV/SIONS TO
IMPROVE FISCAL PROCEDURES
BILLS PRONIDING NEW ADVANCE SPENDING
AUTHORITY
SEC. 401. (a) PROPOSED LEGISLATION PROVID-
ING_ CONTRAC? OR BORROWING Airruoinetr.?It
shall not be In order in either the Senate or
the House of Representatives to consider any
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CONGRESSIONAL RECORD ? SENATE S 3743
bill or resolution which provides new advance
spending authority described in subsection
(c) (2) (A) or (B) (or any arnendrnent which
provides such new advance spending author-
ity), unless that bill, resolution, or amend-
ment also provides that such new advance
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) PROPOSED LEGISLATION PROVID/NG EN-
TITLEMENT AUTHORITY.?
(1) EFFECTIVE DATE.?It shall not be in Or-
der in either the Senate or the House of Rep-
resentatives to consider any bill or resolu-
tion which provides new advance spending
authority described in subsection (c) (2) (C)
(or any amendment which provides such new
advance spending authority) which is to be-
come effective before the first day of the fiscal
year which begins during the calendar year
In which such bill or resolution is reported.
(2) REFERRAL TO APPROPRIATIONS COMMIT-
TENS?Whenever any bill or resolution which
provides new advance spending authority de-
scribed in subsection (c) (2) (C) is reported
by any committee of the Senate or the House
Of Representatives, such bill or resolution
shall then be referred to the Committee on
Appropriations of that House with instruc-
tions to report it, with the committee's rec-
ommendations, within ten calendar days (not
counting any day on which that House is
not in session) beginning with the day fol-
lowing the day on which it is so referred.
Whenever any amendment which provides
such new advance spending authority (other
than an amendment contained in a bill or
resolution as reported and other than an
amendment which increases or decreases the
new advance spending authority provided
by a bill or resolution as reported) is agreed
to in the Senate or the House of Representa-
tives, the bill or resolution containing such
amendment shall (after all amendments have
been considered) then be referred to the
Committee on Appropriations of that House
with instructions to report it, with the com-
mittee's recommendations, within ten calen-
dar days (not counting any day on which that
House is not in session) beginning with the
day on Which it is so referred. If the Com-
mittee on Appropriations of either House
fails to report a bill or resolution referred
to it under this paragraph within such ten-
day period, the committee shall automatical-
ly be discharged from further consideration
of such bill or resolution and such bill or
resolution shall be placed on the calendar.
(8) COMIVI/TTEE AMENDMENT.?The Commit-
tee On Appropriations of each House shall
have jurisdiction to report any bill or resolu-
tion referred to it under paragraph (2) with
an amendment which limits the total amount_
of new advance spending authority provided
In such bill or resolution.
(C) DEFINITIONS.--
(1) NEW ADVANCE SPENDING ATJTHORITY.?For
purposes of this section, the term "new ad-
vance spending authority" means advance
spending authority not provided by law on
the date of the enactment of this Act, includ-
ing any increase in or addition to advance
spending authority provided by law on such
date.
(2) ADVANCE SPENDING AUTHORITY.?FOr
purposes of paragraph (1), the term "advance
spending authority" means authority
(whether temporary or permanent)?
(A) to enter into contracts under which
the United States is obligated to make out-
lays, 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 Bend Act) for the repayment of
which the United States is liable, the budget
authority for which is not provided in ad-
vance by appropriation Acts; and
(C) to make payments (including loans and
grants), the budget authority for which is
not provided for in advance by appropria-
tion 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 govern-
ments who Meet the requirements estab-
lished by such law.
Such term does not include authority to
insure or guarantee the repayment of in-
debtedness incurred by another person or
government.
(d) EXCEPTIONS.?
(1) TRUST Forsms.?Subsections (a) and (b)
shall not 'apply to new advance spending
authority if the budget authority for out-
lays which will result from such new advance
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 Act);
(B) from any other trust fund established
by law before the date of the enactment of
this Act, a substantial portion of the receipts
of which .eonsist of amounts (transferred
from the general fund of the Treasury)
equivalent to amounts of taxes (related to
the purposes for which such outlays are
made) received in the Treasury under
specified provisions of the Internal Revenue
Code of 1954; or
(C)' from a trust fund_ established by law
after the date of the enactment of this Act,
90 percent or more or the receipts of which
consist or will consist of amounts (trans-
ferred from the general fund of the Treasury)
equivalent to amounts of taxes (related to the
purposes for which such outlays are or will be
made) received in the Treasury under
specified provisions of the Internal Revenue
Code of 1954.
(2) GENERAL REVENUE SHARING.?Subsec-
tions (a) and (b) shall not apply to new
advance spending authority which is an
amendment to or extension of the State and
Local Fiscal Assistance Act of 1972, or a con-
tinuation 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) OTHER SPENDING AUTHORITY.--SnbSeC-
tic.= (a) and (b) shall not apply to new
advance 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 Act), or (ii) a wholly
owned Government corporation (as defined
In section 101 of such Act) which Is specif-
ically exempted by law from compliance with
any or all of the provisions of that Act; or
(B) the outlays resulting therefrom con-
sist exclusively of the proceeds of gifts or be-
quests made to the United States for a spe-
cific purpose.
REPORTING OF AUTHOR/ZING LEGISLATION
SEC. 402. (a) REQUIRED REPORTING DATE.?
Except as otherwise provided in this section,
it shall not be in order in either the Senate
or the House of Representatives to consider
any bill or resolution authorizing the en-
actment of new budget authority for a fiscal
year, unless that bill or resolution is reported
In the Senate or the House, as the case may
be, on or before May 15 preceding the be-
ginning of such fiscal year.
(b) WAIVER IN THE SENATE.?
(1) The committee of the Senate which
reports any such bill or resolution may, at
or after the time it reports such bill or res-
olution, report a resolution to the Senate (A)
providing fa 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 re-
ferred to the Committee On the Budget of
the Senate. That committee shall report the
resolution to the Senate, within ten days
after the resolution is referred to it (not
counting any day on which the Senate is
not in session) beginning with the day fol-
lowing the day on which it is so referred,
accompanied by that committee's recom-
mendations and reasons for snch recommen-
dations with respect to the resolution. If
the committee does not report the resolution
within such ten-day period, it shall auto-
matically be discharged from further con-
sideration of the resolution and the resolu-
tion shall be placed on the calendar.
(2) During the consideration of any such
resolution, debate shall be limited to one
hour, to be equally divided between, and
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 twenty 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 oppositon thereto shall be con-
trolled by the minority leader or his des-
ignee. Suqh 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 fur-
ther consideration of) the resolution, the
Senate agrees to the resollition, then sub-
section (a) of this section shall not apply
with respect to that bill or resolution referred
to in the resolution,
(C) CERTAIN BILLS PROM OTHER HOUSE.?
For purposes of subsection (a), a bill or reso-
lution of the House of Representatives which
is placed on the calendar and not referred to
a committee of the Senate shall be treated
as having been reported on the same day on
which a companion or similar bill or resolu-
tion was reported in the Senate; and a bill
or resolution of the Senate which is placed
on a calendar of the House of Representatives
and not referred to a committee of the
House shall be treated as having been re-
ported on the same day on which a com-
panion or similar bill or resolution was re-
ported in the House.
ANALYSES BY CONGRESSIONAL OFFICE OF THE
BUDGET
SEC. 403. The Director of the Congressional
Office of the Budget shall, to the extent prac-
ticable, prepare for each bill or resolution of
a public character reported by any com-
mittee of the Senate or the House of Repre-
sentatives (except the Committee on Appro-
priations of each House), and submit to such
committee?
(1) an estimate of the costs which would
be incurred in carrying out such bill or reso-
lution in the fiscal year in which it is to be..
come effective and in each of the four 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 joint resolution if submitted to
such committee before such report is filed.
JURISDICTION OF APPROPRIATIONS commrrrszs
SEC. 404. (a) AMENDMENT OF SENATE
RULES.?Subparagraph (c) of paragraph I of
rule XXV of the Standing Rules of the Sen-
ate is amended to read as follows:
"(c) Committee on Appropriations, to
which committee shall be referred all pro-
posed legislation, messages, petitions, memo-
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S 3744 CONGRESSIONAL RECORD-- SENATE March 13, 1974
reds, and other matters relating to the fol-
lowing subjects:
I. Except as provided in subparagraph
oe appropriation of the revenue for the
support of the Government.
-2. Rescission of appropriations contained
Iii Appropriaeions Act (referred tie in section
105 of title 1, 'United States Code).
-3. The amenint of new advanee spending
authority described in section 401 (Cl (2)
(A) and (B) of the Congressional Budget Act
of S974 which is to be effective for a fiscal
year.
"4. New advance spending authority de-
scribed in section 401(c) (2) (C) of the Con-
gressional Budget Act of 1974 provided in
bills and resolutions referred to the com-
mittee under section ,401(b) (2) of that Act
(bet subject to the provisions of section
401(b) (3( of that Act)."
(b) AMENDMENT OF Roust Ittmes.--Clause
2 of Vele XI of the Rules of the House of
Representatives is amended by redesignating
paragraph (b) as (e) and by inserting after
paragraph (a) the following new paragraphs:
'(b) Rescieion of appropriations con-
tattled in appropriation Acts (referred to in
section 105 of title 1, United States Code).
"(c) The aliment of new advanee spending
authority described in secieon 401(e) (2) (A)
and (B) of the Congressienal Budget Act of
1974 which is to be effective for a fiscal
year.
'(d) New advance spending authority de-
screibed to section 401(c) (2)(C) of the Con-
gressional Budget Act of 1974 provided in
bills and resolutions ref( rred to the corn-
mittee under section 401(b) (2) 'of that Act
(Suit subjece to the provisions of section
401(b) (3, of that Act)."
TITLE V?CHANGE OF FISCAL
_ YEAR
exec AL TI. iii TO BEGIN OCTOBER
Sec. 501. Section 237 of the Revised Stat.,
utes (31 U.S.C. 1020) is amended to read as
follows:
"SEM 237. (a) The fiscal- year of the
Treasury Of the United States, in all mat
-
tete of accounts, receipts, expenditures, esti-
mates, and appropriations?
"(1) shall, through June 30. 1375, com-
mence on July 1 of each year and end OIL
ii lie 30 of the following year;
(2) shall for the period commencing
July 1, 1975, and ending on September 30,
1976, be for such period; and
"(3) shall, beginning on October 1. 1976,
commence cm October 1 of each year and
eed on September 30 of the following year.
(b) All accounts of receipts and expendi-
tures required by -law to be published an-
nually shalt be prepared and published for
ench fiscal year as established by subsection
(a)."
TRANSMITTAL OP BUDGET
SEC. 602. Section 201(a) of the Budget and
Accounting Act, 1921 (31 U.S.C. lin is
amended by striking out the first sentence
*eel inserting in lieu theeeof the following:
"The President shall transmit to the Con-
gress the Budget which shall set forth his
budget message, summary data and text, and
supporting detail. The Budget for any fiscal
year beginning on or before July 1, 1975,
shall be transmitted during the first fifteen
days of that regular session of the Congress
which commences prior to the beginning of
the fiscal year, and the Budget for any fis-
cal year beginning on cr 'after October 1,
1976 shall be transmitted on or before Feb-
ruary 15 preceding the beginning of the fiscal
year."
TRANSTION TO NEW FISCAL TEAR
SEC. 503. (a) The Director of the Office
at Management and Budget shall prepare and
submit to the Congress such proposed legis-
lation as he considers appropriate with re-
spect to changes in law necessary to pro-
vide adequate authorizations of appropria-
tions for the fiscal year provided under Sec-
tion 287(a) (2) of the Revised Statutes (as
amended by section 501 of this Act), com-
mencing July 1, 1975, and ending on Sep-
tember 30, 1976.
(b) The Director ellen provide by regula-
tion, order, or otherwise for the orderly tran-
sitioa by all departments, agencies, and in-
strumentalities of the United States Gov-
ernment 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 pre-
scribed by section 2e7(a) (3) of the Revised
See tutes. The Director shall prepare and sub-
mit to the Congress such additional pro-
posed legislation as he cc nsiders necessary
to accomplish this objective.
(Cl The Director a the Office of Manage-
ment and Budget and the Director of the
Congressional Office of the Budget jointly
shall conduct a study of the feasibility and
advisability of submitting the Budget, and
enacting new budge; authority, for a fisteal
year during the regular session of the Con-
gress which begins in the year preceding the
yefir in which such fiscal year begins. The
Director of the Office of Management and
Budget and the Director of the Congression-
al Office of the Budget each shall submit a
report of the results of the study conducted
by them, together w th hi e own conclusions
and recommendatioas, to the Congress not
later than one year after the effective date
of this subsection.
ACCOIINTIN G PROCEDURES
SEC. 504. (a) Subsection (a) (1) of the first
section of the Act entitled. "An Act to sim-
plify accounting, facilitate the payment of
obligations, and for other purposes", ap-
preyed July 25, 1956 as amended .131 U.S.C.
7011, is amended to read as follows:
-(1) The obligated balance shall be trans-
ferred, 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 obliga-
tion, in which account shall be merged
the amounts so transferred from all appro-
priation accounts foe the eame general pur-
poses; 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 follow;:
"(A) for any fiscal year or years ending
on or before June 30, 1975, on that June 30
which falls in the first month of June which
occurs twenty-tour months after the end of
such fiscal year or years; aid
"(B) for any fiscal year commencing on or
after July 1, 1975, on September 30 of the
second fiscal year following the fiscal year or
years for which the appropriation is avail-
able for obligation.,
"(2) The withdrawals required by sub-
section (a) (2) of this section shall be made?
"(A) for any fiscal year ending on or be-
fore June 30, 1975, not liter than Septem-
ber 30 of the fiscal year immediately follow-
ing the fiscal year in which the period of
availability for obligation expires; and
"(B) for any fiscal year commencing on or
after July 1, 1975, not later than November
15 following the fiscal year in which the
period of availability for obligation expires."
CONVERSION OF AUTHORIZATIONS- OF
APPROPRIATIONS
SEC. 505. Any law providing for an author-
ization of appropriations commencing on
July 1 of it 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 end-
ing on June 30 of a year shall, if that year is
any year after 1975, be considered as mean-
ing September 30 of that year. Any law pro-
viding for an authorization of appropriations
for he fiscal year 1976 or any fiscal year
thereafter pall 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 /ILIMGST .
ECONOMIC REPORTS
S e c. 506. (a) Sectioil 3 of the Employment
Act of 1946 (15 U.S.C. 10221 is amended by
sin Icing out "The President shall transmit
to (Me Congress not later tnan January 20
of each year" and inserting in lieu thereof
the fallowing: "Not later than January 20
of each year before 1976, and not later.than
February 10 01' each year after 1975? the
President shall transmit to the Congress".
It() Section 5(b) (2) of such Act (15
U.S.C. 1024),, in amended by striking out
**(beginning with the year 1947)" and insert-
ing in lieu thereof "before 1976 and not later
than March 20 of each year aeter 1975,". -
REPEALS
SFC. 507. The following provisions of law
are repealed:
(1) The ninth paragraph under the head-
ings "Legislative Establishment", "Senate",
of the Deficiency Appropriation Act, fiscal
year 1934 (48 Stat. 1022; 2 15,3.C. 66); and
(2) The proviso to the second paraime.ph
under the headings "Hoose of Represen-
tatives", "Salaries, Mileage, and Expenees of
Members", of (he Legislative-Judiciary Ap-
propriation Act, 1955 (68 Stat. 900; 2 1J.S.C.
81).
TECIS NICAL AMENDIVIENT
SEC. 508. (a) Section 101; of title 1, United
States Code, is amended by striking out
-June 30" and inserting in lieu thereof
"September 30",
(b) The provisions of subsection (a) of
the: section shall be effective with respect
to Acts making appropriations for the sup-
port of the Government for any fiscal year
commencing on or after July 1, 1975.
TITLE VI?AMENDMENTS TO BUDGET
AND ACCOUNTING ACT, 1921
151.1TTERS TO DE INCLUDED IN PRESIDENT'S
BUDGET
Ste, 601. Section 201 of the Budget and
According Act, 1921 (31 U.S.C. 11), is
amended by acMing at tile end thereof the
following new subsections:
" cl) The Budget transmilted pursue rit to
subsection (a) for each fiscal year shall set
force separately the items enumerated in
seteton 301(a) :1)-(6) of the congresiaonal
Budget Act of 1974.
"(e) The Budget transmuted pursuant to
subeection (a) for each fiscal year shall set
forth the levels of tax expenditures under
eel ..ting law for .such fiscal year (the tax
exeenditure budget), taking into account
prejected economic :actors, and any changes
in such existing levels based on proposals
contained in such Budget. For purpcnees of
this subsection, the terms 'tax expenditures'
and 'tax expenditures budget' have the
meenings given to them by section 3(3) of
the Congressional Budget Act of 1974.:
"If) The Budget transmitted pursuant to
subsection (a) for each fiscal year: shall
include (1) an examination of proposed ex-
peeditures (including tax expenditures) and
appropriations and estimated receipts within
a comprehensive framework of existing and
proposed programs and (2) the bases used
for the proposed eitpendi tures (including tax
expenditures) and appropriations and esti-
mated receipts,
" ( g) The Budget transmitted pursuent to
suteection (a) for each fiscal., year shall
certain?
"i1) a comparison, for the last completed
fiscal year, of the total amount of outlays
eat mated in the Budget transmitted pur-
suant to subsection (a) for each major pro-
gram involving uncontrollable or relatively
uncontrollable outlays and the total amount
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of outlays made under each such major pro-
gram during such fiscal year;
"(2) a comparison, for the last completed
fiscal year, of the total amount of revenues
estimated in the "Budget transmitted pur-
suant to subsection (a) and the total amount
of revenues reCrelved 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 a/194MS 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. ? '
"(h) The President shall transmit to the
Congress,. on or before April 15 and July 15
of each year, a statement of all amendments
to or revisions in, the budget authority re-
quested, the estimated Outlays, and the esti-
mated receipts for the ensuing fiscal year set
forth in the Budget transmitted pursuant to
Subsection (a) (inchicling any previous
artiendments or revisions proposed on behalf
of the executive branch) that he deems nec-
essary and appropriate based on the most
current information available. Such state-
ment shall contain the effect of such amend-
ments and revisions on the summary data
submitted under subsection (a) and shall
include such, supporting detail as is prac-
ticable. The budget transmitted to the
Congress pursuant to subsection (a) for any
fiscal year, or the supporting detail trans-
mitted 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."
MIDYEAR REVIEW
SEC. 602. Section 201 of the Budget and
Accounting Act, 1921 (31 U.S.C. 11), is
amended by inserting after "1972," in sub-
sections (b) and (c) 'and on or before July
15 of each year, beginning with 1976,":
FIVE-YEAR BUDGET PROTECTIONS
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 para-
graph (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 SUPPLEMENTAL BUDGET AU-
THORITY AND UNCONTROLLABLE OUTLAYS
SEC. 604. Section 201(a) of ,the Budget and
Accounting Act, 1921 (31 U.Sr. 11), is fur-
ther amended?
(1) by striking out the period at the end
of paragraph (12) and inserting in lieu there-
of a semicolon;. and
(2) by adding at the end thereof the fol-
lowing new paragraph:
"(13) an allowance for additional esti-
mated expenditures and proposed appropria-
tiont for the eneuing fiscal year, and an
allowance for unanticipated uncontrollable
expenditures, for which no request for ilia=
? propriations is required, for the ensuing fiscal
year."
BUDGET DATA BASED ON CONTINtrATION or
EXISTING 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 out-
lays and proposed budget authority which
would be included in the Budget to be sub-
mitted 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 pursu-
ant to this section shall be shown by func-
tion and subfunctions (in accordance with
the classifications in the budget summary
table entitled "Budget Authority and Outlays
by Function and Agency"), by major pro-
grams within each such function, and by
agency. Accompanying these estimates shall
he the economic and programmatic assump-
tions 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. The
evaluation shall include a determination of
whether the estimates are accurate, complete,
and based on valid economic assumptions.
REMOVAL OF EXEMPTIONS FROM BUDGET PROCESS
SEC. 606. Those provisions of law, regula-
tions, or rulings which exempt the following
agencies and funds from inclusion in the
Budget of the United States Government, or
which exempt certain of their activities from
inclusion in the budget, shall cease to apply
effective with the fiscal year beginning on
July 1, 1975:
(1) Environmental Financing Authority;
(2) Export-Import Bank;
(3) Federal Financing Bank;
(4) Rural Electrification and Telephone
Revolving Fund;
(5) Rural Telephone Bank; and
(6) United States Railway Association.
TITLE VII?PROGRAM REVIEW AND
EVALUATION
REVIEW AND EVALUATION BY STAND/NG
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, ap-
praisal, 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 pro-
vision for evaluation after a defined period
of time."
REVIEW AND EVALUATION BY THE
COMPTROLLER GENERAL
SEC. '702. (a) Section 204 of the Legisla-
tive Reorganization Act of 1970 (31 U.S.C.
1154) is amended to read as follows:
"REVIEW AND EVALUATION
"SEC. 204. (a) The Comptroller General
shall review and evaluate the results of Gov-
ernment 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 pt Representatives or the Senate, or
any joint committee of the two Houses, hav-
ing jurisdiction over such programs and ac-
tivities.
"(b) The Comptroller General, upon re-
qUest of any committee or Member of 'either
House or any joint committee of the two
Houses, shall?
"(1) assist such committee, Member, 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, recommenda-
tions as to methods of assessment, informa-
tion to be reported, responsibility for report-
ing, frequency of reports, and feasibility of
pilot testing; and
"(2) assist such committee, Member, or
joint committee in analyzing and assessing
program reviews or evaluation studies pre-
pared by and for any Federal agency.
"(c) The Comptroller General shall develop
and recommend to the Congress standards
for review and evaluation of Government
programs and activities carried on under
existing law. Such recommendations shall be
reported semiannually to both Houses of
Congress on or about March 1 and Sep-
tember 1.
"(d) In carrying out his responsibilities
under this section, the Comptroller General
is authorized to establish an Office of Pro-
gram Review and Evaluation within the Gen-
eral Accounting Office. The Comptroller Gen-
eral 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."
(b) Item 201 in the table of contents of
such Act is amended to read as follows:
"Sec. 204. Review and evaluation."
TITLE VIII?FISCAL AND BUDGETARY IN-
FORMATION AND CONTROLS
AMENDMENT TO LEGISLATIVE REORGANIZATION
ACT OF 1970
SEC. 801. (a) So much of title II 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 1I?FISCAL AND BUDGETARY IN-
FORMATION AND CONTROLS
"PART 1?FISCAL, BUDGETARY, AND PROGRAM-
RELATED DATA AND INFORMATION
"FEDERAL FISCAL, BUDGETARY, AND PROGRAM-
RELATED DATA AND INFORMATION SYSTEMS
"SEc. 201. The Secretary of the Treasury
and the Director of the Office of Management
and Budget, in cooperation with the Comp-
troller General of the United States, shall
develop, establish, and maintain, for use by
all Federal agencies, standardized data and
information systems for fiscal, budgetary,
and program-related data and information.
The development, establishment, and main-
tenance of such systems shall be carried out
so as to meet the needs of the various
branches of the Federal Government and, in-
sofar as practicable, of governments at the
State and local level.
"STANDARDIZATION OE TERMINOLOGY, DEFINI-
TIONS, CLASS/CATIONS, AND CODES FOR FIS-
CAL, BUDGETARY, AND PROGRAM-RELATED DATA
AND INFORMATION
"SEC. 202. (a) The Comptroller General of
the United States, in cooperation with the
Secretary of the Treasury, the Director of the
Office of Management and Budget, and the
Director of the Congressional Office of the
Budget, shall develop, establish, maintain,
and publish standard terminology, defini-
tions, 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 Fed-
eral fiscal policy, revenues, receipts, expendi-
tures, functions, programs, projects, and ac-
tivities and shall be carried out to as to meet
the needs of the .various branches of the
Federal GovernMent and, insofar as practi-
cable, of governments at the State and local
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level. Such standard terms, definitions, etas-
eifications, and codes shall be used by all
executive agencies in supplying to the Con-
gress fiscal, budgetary, and program-related
data and thecae-nations
"(b) In carrying out this responsibility,
he Comptroller General of the United States
shall give particular consideration to the
needs of -the Committees on the Budget of
the House of Representatives and the Senate
and the Congressional Office of the Budget.
"(c) The Cotaptroller General of the
United States shall submit to both Houses
of the Congress, on or before June 30, 1975,
a report containing his recommendations for
the initial etandard terms, definitions, and
classifications, and codes referred to in sub-
section (a), arid shall recommend legislation
to implement them RS may be necessary.
"(d) The Comptroller General shall moni-
tor the various recurring reporting require-
ments of the Congress and committees and
make recommendations to the Congress and
committees for changes and improvements in
these reporting requirements to meet the
congressional information needs ascertained
Ity the Comptroller General, to enhance their
usefulness to the congressional users, and to
eliminate duplicative or unneeded reporting.
''AVAILABILITY TO AND USE BY VIE CONGRESS
AND STATE AND LOCAL GOVERNMENTS OF FED-
ERAL FISCAL BUDGETARY, AND PROGRAM-
RELATED DATA AND INFORMATION
"SEC. 203. (a) Upon request of any corn-
raittee of either House, of any paint commit-
tee of the two Houses, of the Comptroller
General, or of the Director of the Congres-
sional Office of the Budget, the Secretary taf
the Treasury, the Director of the Office of
Management and Budget, and the heads of
the various executive agencies shall?
"(1) furnish to such committee or joint
committee, the Comptroller General, or the
Director a the congressional Office of the
Budget, information as to the location and
nature of available fiscal, budgetary, and
program-related data and information;
"(2) 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 Office of the
Budget; and
"(3) furnish any program evaluations
conducted or commissioned by any executive
agency as deemed necessary by such commit-
tee or joint committee, the Comptroller Gen-
eral, or the Director of the Congressional Of-
fice of the Budget.
"(b) The Comptroller General, in coopera-
tion with the Director of the Congressional
Office of the Budget, 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,
bildgetary, and program-related data and in-
formation and a brief description of their
content;
"(2) proiede, upon request, assistance to
committees, joint committees, and Members
01 Congress in securing Federal fiscal, budg-
etary, and program-related data and infor-
mation from the sources identified in such
inventory and directory; and
"(3) furnish, upon request, aseletance to
committees, joint committees, and Members
of Congress in appraising and analyzing fis-
eel, budgetary, and program-related data and
Information secured from the sources idea.
titled in such inventory and directory.
"(c) The Comptroller General and the
Director of the Congressional Office of the
Budget shall, to the extent they deem feces-
sary, develop, establish, and maintain a cen-
tral 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 Con-
gress for fiscal, budgetary, and program-
related data and information and shall in-
clude, but not be limited to, data and in-
formation pertaining te budget requests,
congressional autnority to obligate and
spend, apportionment and reserve actions,
and obligations and expenditures. Such file
or files and their it dexes shall be maintained
in such a manner as to facilitate their use
by the committees of both Houses, joint
committees, and ether congressional agen-
cies through modern data processing ,and
communications techniques.
"(d) The Comptroller General, in coopera-
tion with the Director of the Congressional
Office Of the Budget, the Director of the Of-
fice of Management and Budget, the Ad-
ministrator of General Services, and ap-
propriate representatives of State and local
governments, shell develep procedures to as-
sure access, by Stale and local governments
to such fiscal, budgetary, and program-
related data and information as may be
necessary for the accurate and timely deter-
mination by these governments of the im-
pact of Federal assistance upon their
budgets."
(b) The table of contents of title II of the
Legislative Reors(anizatien Act of 1970 is
amended by striking out- -
"TITLE II?FISCAL CONTROLS
"PART I?BUDGETARY AND PISCAL INFORMATION
AND DATA
"Sec. 201. Budgetary and fiscal data process-
ing system.
"Sec. 202. Budget standard classifications.
"Sec. 203-Availability. to Congress of budg-
etary, fiscal, and related data,
and inserting in lien thereof?
"TITLE II?FISCAL AND BUDGETARY
INFORMATION AND CONTROLS
-PART 1?FISCAL, BUDGETARY, AND PROGRAM-
RELATED DATA AND Cerroemereme
"Sec. 201. Federal fiscal, budgetary, and
program-related data and in-
formation systems.
-Sec. 202. Standardization Of terminology,
definitions, classifications, and
codes for fiscal, budgetary, and
prograra-related data and in-
formation.
"Sec. 203. Availability to and use by the
Congress and State and local
governments of Federal fiscal.
budgetary, told program-related
data and information."
TITLE 1X-1,11SCIffasANEOUS PROVISIONS;
EFFECTIVE DATES
CONFORMING AMENDMENTS TO STANDING RULES
OF THE SENATE
Sze. 901. Paragraph 1 at rule XXV of the
Standing Rules of the Senate is amended?
(I) by striking out "Revenue" in subpara-
graph(h)1 and inserting in lieu thereof "Ex-
ecenpts a provided in subparagraph (r), rev-
ue;
(2) by striking out "The" in subparagraph
(11)2 and inserting in lieu thereof "Except
as provided in subparagraph (r), the"; and
(3) by striking out "Budget" in subpara-
graph (j) (1) (A) said inserting in lieu thereof
"Except as provided in subparagraph (r),
budget".
AMENDMENTS TO LEGISLATIVE REORGANIZATION
ACT OF 19.0
SEC. 902. (a) Section 13,1(c) of the Legis-
lative Reorganizatio:a Act of 1946 (2 U.S.C.
190b(b) ) is amended by inserting "or the
Committee on the Budget" after "Appropria-
tions".
(la) Section 136(c i of such Act (2 U.S.C.
1905 (c) ) is amended by striking out "Com-
mittee on Appropriaffims of the Senate and
the Committees de Appropriations, the
Budget".
March 13, 1974
EXERCISE OF RULEM AXING POWEES
SEC. 903. (a) The provisions of this title
(except section 904) and of titles I, In, and
Pt and the provisions of section roi are
enacted by the Congress-.-
11) as an exercise of the ruternakin; power
ce the Senate and the House of Representa-
tives, respectively, and as such they shall be
tonsidered as part of the rules of each House,
rtspectively, Cr of that Rouse to which, tney
specifically apply, and such rules shall super-
sede other rules only to the extent that they
are inconsistent therewith: and
(2) with full recognition of the constitu-
tional right of either House to change such
rules (so far as relating to the procedure in
such House) at any time, in the same man-
ner, and to the same extent as in the case of
any other rule of such House.
es) Any provision of title III Or IV may
be waived or suspended In the Senate by a
majority vote of the Members voting,, a quo-
re in being present, or by t be unanimons con-
sent of the Senate.
( c) Appeals in the Senate from the deci-
sions of . the Chair relating to any provision
of lane III or IV shall be limited to one hour,
to be equally divided betneen, and controlled
bt, the mover and the manager of the reso-
hition, concurrent resolution, or reca,ncilia-
too bill, as the case may be.
EFFECTIVE DATES
SEC. 904. (a) Except as provided in this
section, the provisions of this Act shell take
effect on the date of its enactment.
( b) Title II (exeept section 201(a) ), sec-
tion 403, and section 503(c) shall take effect
on the day on which the first Director of the
Ccingressional Office of lhe Budget is ap-
pointed under section 201(a).
(c) Except as provided in section 905,
title III and section 402 shall apply with re-
spect to the fiscal year beginning on October
1, 1976, and st.cceeding fiscal years, are]. sec-
tic Si 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 801 s:hall apply with respect to the
fiseal year beginning on July 1, 1975, and
succeeding fiscal years, except that section
201(h) of such Act (as added by section 801)
shall apply with respect to the fiscal year
beginning on October 1, 11176, and succeed-
ing fiscal yeare..
APPI.ICATION OF CONGRESSIONAL BUDGET PROCESS
TO FISCAL YEAR 1970
nee. 905. (a) If the Committees on the
Budget of the Senate and the House of Rep-
resentatives wee that it is feasible to re-
ptile and act on a concurrent resolution on
the budget referred to in section 301 for the
fiscal year beginning on July 1, 19711. and
submit reports of such agreement to their
respective Houses on or before February 15,
1975?
(1) to the extent specified in such reports,
title III (except sections 310 and 311) and
section 402 shell apply with respect te such
fiscal year:
(2) to the extent specified in such reports,
section 401 shall take effect in each House on
the day on which the Conunittee o:a the
Budget of time House submits such report
to its House; and
(3) there shall be stibste uted, or the dates
specified in titles In and IV on which any
action is to be taken or eompleted in con-
nection with such concurrent resolution on
the budget, those dates set forth in- Mich
reports.
(h) If the Committees on the Budget of
the Senate and the House oi Representatives
agree that it is feasible to report, and act on
a concurrent resolution on the budget re-
ferred to in section 310 for the fiscal year
beginning on July 1, 1975, and submit reports
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of such agreeemnt to their respective Houses
on or before May 1, 1975?
(1) to the extent specified in such reports,
sections 310 and 311 shall apply with respect
to such fiscal year and
(2) there shall be substituted, for the
dates speobled in section 310 on which any
action is to be taken or completed in con-
nection with such concurrent resolution on
the budget, those dates set forth in such re-
,
ports.
(c) Either House may, by resolution or or-
der, disapprove the report described in sub-
section (a) or (b) submitted by the Com-
mittee on the Budget of that House. In the
case of such disapproval, the provisions of
titles III and IV, referred to in subsection
(a) or (b), respectively, shall not apply in
that House for the fiscal year beginning July
1,1975.
TITLE X?APPROPRIATIGN RESERVES
AMENDMENT T6 ANTmEriMicar ACT
SEC. 1001. Section 3679(e) (2) of the Re-
vised Statntes, as amended (31 U.S.C. 665), is
amended to read as follows: .
"(2) In apportioning any appropriation,
reserves May he established solely to provide
for contingencies, or to effect savings when-
ever savings are made possible by or through
changes in requirements or greater efficiency
of operations. Reserves shall not be estab-
lished for fiscal policy purposes or to achieve
less than the full objectives and scope of
programs enacted and funded by Congress.
Whenever it is determined by an officer desig-
nated in lubsection (d) of this section that
such reserves should be established, the offi-
cer shall notify the Comptroller General of
the United States at least ten days in ad-
vance of such establishment together with
his reasons therefor. The Comptroller Gen-
eral is authorized as a representative of Con-
gress through attorneys of his own choosing
to bring a civil action in the United States
District Court for the District of Columbia
to enforce the provisions of this paragraph.
The courts shall give precedence to civil ac-
tions brought under this paragraph, and to
appeals and writs from decisions in such 9,c-
tions, over all other civil actions, appeals,
and writs. Whenever it is determined by an
officer designated in subsection (d) of this
section to make apportionments and reap-
portionments that any amount so reserved
will not be required to carry out the full ob-
jectives and scope a the appropriation con-
cerned, he shall recommend the rescission of
such amount in the mannet provided in the
Budget and Accounting Act, 1921, for esti-
mates of appropriations. Except as specifi-
cally provided by particular appropriations
Acts or other laws, no reserves shall be estab-
lished other than as authorized by this
paragraph."
, DISCLAIMER
SEc. 1002. Nothing contained in this Act
shall be interpreted by any person or court
as constituting a ratification or apprOval of
any reservation of budget authority by the
President or any Other Federal officer or em-
ployee, in the past or in the future, unless
done pursuant to Statutory authority in ef-
fect at the time Of such reservation.
CAPITAL PUNISHMENT
Mr. PERCY. Mr. President, I am
grateful that the distinguished
from IOwa (Xr. Hvoims) is hit
ber t,144?evejabig.
'Very seldom are votes r
by the debate we hear
times on major iss
a conclusion bas
epee, and we
those concl
? on the b
positio
ry
ator
Cham-
y influenced
the floor. Many
, we have reached
pn a lifetime experi-
e those convictions and
ons. In this particular case,
we considered today, the im-
of a death penalty in Federal
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NAL RECORD?SENATE S 3747
courts, I ha been deeply troubled by
the entire issu
Together wit my colleagues, I deplore
the heinous crim that have been com-
mitted in this cou try?murder, kidnap-
ing, hijacking, and o forth. I earnestly
have sought, along th my colleagues,
to find ways in which e could arrest the
crime wave we have e i erienced in this
country over a period o years and the
types of crimes that have en committed
with such visibility in rece days, weeks,
and months.
After listening to the de te on the
floor, and feeling that the Co ttee on
the Judiciary has given this atter a
great deal of thought and consi ration,
I would have expected to find mo solid
evidence that the death penalty ould
in fact be a deterrent' to the crime nd
would provide a solution to the probl s
that we as a society have faced.
think it is unconscionable for
human life to be taken by an individua
or by society. Before I could condone the
Government of the United States, and
before I could cast a vote for our Govern-
ment, to establish the procedure for the
mandating of the death penalty, I would
have to be absolutely' convinced that it
would be a deterrent and would prevent
another crime that might have been
committed against mankind?in fact,
against the whole idea of God and crea-
tion. I did not see that evidence.
Mr. .President, I have given a great
deal of thought to the legislation now be-
fore the Senate which would reinstate
the death penalty. The debate has been
of a high quality and it has helped me to
reach a conclusion.
? For many reasons the taking of human
life is unconscionable. It is a basic affront
to the dignity of each human. The niur-
der of a human being is an irrevocab
act, whether committed by a vici us
criminal, or whether committed b the
Government of the United States any
of the 50 States.
Before I could cast my vote t ? institute
legalized murder on behalf the Gov-
erment, I would have to convinced
that such a vote is abso tely essential
and fully justified. The urden of proof
must be on those who gue for the death
penalty. Before any us can vote for
death, I believe w must be convinced,
"beyond a reaso le doubt," if you will,
that the death ? enalty is necessary and
justified.
To my ? 'd, this proof has not been
forthcom g.
Ever study that I have seen on this
ques n has concluded that the death
pe lty is not a deterrent to crime. Per-
PS if I could be convinced that the
death penalty was in fact a deterrent,
then I might be more inclined to vote for
this bill. But I have not been so con-
vinced. ?
I share the concern which others have
stated over the finality of the act. If we
later discover that we have executed the
wrong person, there is no recourse. As
Lafayette said, and as was so eloquently
quoted by the distinguished Senator from
Iowa (Mr. HUGHES) yesterday:
I shall ask for the abolition of the penalty
of death until I have the infallibility of hu-
man judgment demonstrated to me.
This problem is, In and of itself so
serious that I feel it must be resolve
Yet, there is no way to resolve it, precis
ly because we all are indeed fallibl
we do make mistakes. Fortunately, in
most instances we can overcome our
takes when we find we are in error But
in the case of death, a mistake iould
indeed be fatal. Thus a vote for th death
penalty only invites our society, some
time, in the future, to make suci a ter-
rible mistake. I am not prepare to vote
for our Federal Government to kake that
risk when I cannot see any cle r-cut ad-
vantage to society and our ciizens if we
do.
If my vote for the death p nalty would
mean that any victim cou be brought
back to life by the executio of the assail-
ant, then I would vote f? this bill. But,
as the distinguished Sen tor from Michi-
gan (Mr. Haar) has so forcefully pointed
out, the Governmen ts murder of the
criminal does not br g back the victim.
and no vote today y any Senator will
ring back the life ny victim of a mur-
r. What it does o, though, is contem-
p te more deat s, sanctioned, author-
ize', and mand ted by the Government.
I dmit that have been mentally torn
by t s issue, nd I have reached my con-
clusioi only with great difficulty. I have
been ?ove by the eloquent statements
of my t distinguished colleagues, Sen-
ator Hu ES and Senator HART. To my
satisfac isp, they have rebutted the ar-
gume s o1 the proponents of this legis-
latio , and thus the respect for life still
sta s as te ultimate criterion upon
w ch I base y judgment.
or those wPO argue that without the
rent of the eath penalty there is no
effective deterr? to serious and violent
crime, I say this does not seem to be the
view of leading rtofessional penologists.
In my judgment and that of many
others, the way to deter crime is
through the certai ty of swift justice.
Through the centuri s that we have im-
posed the death pen lty, criminals have
not been deterred by tie threat of death.
But clean up the cri inal justice sys-
tem, provide for speed trials, swift but
sure justice, and that I be the deter-
rent which we all so earn tly want. Sen-
ator ERVIN has introduces legislation to
accomplish this that I hav cosponsored.
Mr. President, every cit en has felt
the sting of crime. Many ave felt the
pain of having a loved one taken from
them by a senseless murder. ut I say to
them, with deep feeling, the eath pen-
alty is not the way to react t ? this bar-
barism. Violence only breeds ore vio-
lence. If we indeed believe tha we are
a civilized society, we must try i over-
come our visceral, emotional re onses,
and instead heed the counsel of sdom,
the counsel of humanity, and the coun-
sel of experience, and refuse to aut orize
the Government's cold blooded and pre-
meditated murder of any person.
Mr. President, in conclusion, if s me
time in the future I could be convin ed
that the death penalty could be a r al
deterrent, I might change my mind. B t
with the evidence before us today, I a
not so convinced.
I am also concerned that the specter
of a mandatory death penalty might in-
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S 3748 CONGRESSIONAL RECORD -- SENATE
fluence some jurors and cause them to
a.eg 't a guilty person. Certainly, we do
not nt to take any action which would
have s h an adverse result.
In a don, the presence of the death
penalty l only prolong the process of
the trial, elaying a final determina-
tion, and t q is contrary to having
speedy justice.
Finally, the unity of life imprison-
ment is still p sent, and by voting
against the death ? -natty, no one in this
body is voting for iissiveness nor is
anyone being soft o crime. The pen-
alties are and will re tin severe. But
the penalty of death is n her necessary
nor justified. Those who h e argued for
it have, in my judgment, fa ? to over-
come the presumption of eve citizen's
right to live.
Before reaching a final carrel ion I
put to myself the ultimate test. W t if
I were called upon to decide what ti-
tmice should be imposed upon the vie
murderer of my own daughter?
I would not im.pose the death peneity.
I would want that person removed
from society, so that he could not com-
mit another crime. During a life of im-
prisonment, I would want that person
hopefully some day to realize the gravity
of the crime against God and one of his
children that he had committed. I would
hopefully want this person to be con-
vinced that he had committed a sin
against God as well as against society
and ask for God's forgiveness for that
act. Death for such a person would in
a way be too easy. I would not want to be
guilty of committing another crime in
the name of society.
Consequently, I cast my vote against
this legislation.
Mr. HUGHES Mr. President, will the
Senator yield?
Mr. PE,R(rie. I am happy to yield
Mr. HUGHES. Mr, President, I wish
to commend the distinguished Senator
from Illinois and also thank him fop
restoring in my own heart a great d
of satisfaction to stand here and t-
ness a father who has lost a be ved
mur-
annals
at if he
the deci-
erer might
choose that
e to live and
on and forgive-
ce. It is a state-
few men would
ad the opportunity
stances.
, e think, has wit-
unique, in both the
liriois, who has lost his
hose family has eeffered
st grievous crimes in our
the Senator from lelassa-
Sr. KENNEDY), whose own
as suffered so geievously from
, explaining the bill to this body,
ey see light in the society and
in humanity by not reinstituting a
e means of so-called justice again
in ur society.
have known the Senator from Illinois
daughter be a savage and viciour
der, to this date unsolved in ti
of criminal history, and say
were given the right to mak
sion as to whether the m ?
live or die, that he woul
the murder Might welt
eventually find redenen
ness through repent
ment which I thi
make, even if they
under similar circ
This body to
nessed someth
Senator frena
daughter, al
one of the
history.
chusetts
family
murde
that
hope
/in
d I
?
?
?
so well and his own deep faith that has
borne him through in these many troub-
ling hours.
In biblical history we know that Moses,
after 40 years, was led to the Promised
Land, to lead his people to freedom from
Egypt. We read of :King David, who sent
his own son into battle, and then took
his wife in adultery, but who was for-
given by God.
We can look at the Master himself, and
those who were followers of Christ, when
a capital crime was committed by a
woman and she was condemned for com-
mitting adultery. He said. to her, "Where
are those who have condemned you?"
She said, "Master, they are not here,"
and he said, "Neither do condemn you."
A father who has lost his daughter
knows the pangs and the pains of the
event. Having three deughters of me
own, and thinking how I would feel
placed in a similar eituetion, makes
at this moment say to my distinguis d
colleague from Illir.ois that I will a ays
be indebted to him for having at essed'
o the magnificent feeling of he t and
s?ul that he has expressed he was
fa. -d with this most di lic pain that
has ouched his family.
mmend him for e forgiveness
that i in his own soul, d I express the
hope o 11 mankind tlyft we might share
in comp rable corn ssion if we were
faced wit a comp: able problem which
faced the tinge:allied Senator from
Ill-
inois.
Mr. CRA ? ? ? N. Mr. President, I, too,
want to exp my gratitude to the Sen-
ator from in s for his statement. It
was a po rful ? e, one that I trust will
be he d by ma y Americans as they
reflect pon where we etand and what
we a doing when consider the prob-
6 ?
le
wish to commead blie courage of the
enator from Iowa for 'expressing him-
self as he has, and also ti Senator from
Massachusetts for the p tion he took,
in light of the history of hi own family.
MESSAGE FROM 'I HE USE
A message from the House o pre-
sentatives by Mr. Hackney, one ?f its
reading clerks, announced that the ouse
had agreed to the concurrent resol on
(S. Con. Res. 75) providing for an
journment of the Senate from March 1
1974, until March :1.9, 1974. ?
U.S. MILITARY PERSONNEL ALLEG-
EDLY SERVING AS MILITARY AD-
VISERS IN CA:MBOD1A
Mr. CRANSTON. Mr. President, this
morning, during the ir.orning hour, I
called attention to reports of U.S. mili-
tary personnel allegedly serving as mili-
tary advisers in Cambodia, which would
be in violation a the law. I indicated
that I intended to send a letter to Chair-
man Jolter STENNIS of the Armed Serv-
ices Committee, request:erg an imniedi-
ate investigation of this situation. It also
indicated that I woad seek to have other
Senators join me In that letter and would
Mardt, 13, 1474
include their names in the RECORD
end of the day.
I would like at this point reread
that letter into the RECORD
the number of Senators whWh
All t okether, there are 39
self, there are 40 who h
letter.
I would like to site
time, I am sure
jority of the Se aj
te would have joined
in is letter. ' only reason they have
not is that
busy day,
While uing this effort. I was attend-
iire on
the
d indl pate
eve joined.
tinting ' my -
e joined in this
that had I had
ery aulestantial ma-
th
vas unable, during a yen,
telk to that many Senators.
committee, attending another
tee markup, attei (ding the swear-
of a new California, Representa-
, attending here during the consid-
eon of S. 1401 and amendments
hereto, and oarticipating in the con-
sideration of that material, and also
working with Senators to clear passage
of se 3063, along with many other mat-
ters,.
I list those activities, which are simi-
lar to those of other Senators, simply to
Indicate that had I had time to locus
on this particular matter, which I think
is of great importance, we would have a
larger number of Senators joining in
sending this letter to Senator STENNIS.
The letter to Chairman Joule STENNIS
reads as follows:
W. respectfully request that the Armed
Services Commttee conduct an immediate
investigation into the activities of Uhlted
States military personnel, including tiffkior
Lawrence W. Or.decker of the Third Infantry
Briyade, who allegedly are serving as mili-
tary advisors in Cambodia which woul4 be
in violation of tie law.
The Senators who have joined me in
sending the letter are as follows: Sena-
tors; ABOIIREZE, BAER, BIDEN, BURDICK,
CASE, CMTES, CHURCH, CLARK, DOMENICI,
GRAVEL, HART, HARTKE, HASKELL, HATHA-
WAY. HITDDLESTON, HUGUES, HUMPHREY,
INOUYE, KENNEDY, MAGNUSON, MATHIAS,
MCGOVERN, METCALF, METEENBAUM, MON-
DALE, MONTOYA,' MOSS, 11.1USKIE, PELL,
PROXMIRE, RAVDOLPII, RIDICOPP, SCHWEI-
KER. STAEFORD, STEVENSON, TUNNY.
WEICEER, and WILT TAM'S
con
lug
tiv
II 1.
PReVILEGE OF THE FLOOR DURING
CONSIDERATION OF BUDGET RE-
FORM BILL
Mr. CRANSTON. Mr. President, on a
different matter, I ask unanimous con-
exit that the following persons may be
g nted the privilege of the floor during
hL consideration of the budget reform
bill: Jon Fleming, Jon Steinberg,. and
Win rin.
The RESIDING OFFICER. Without
obeotion, t is so ordered.
reormos."???=111,Raen.-.
ORDER FO NO ROLLCALL VOTES
ON TUESD , MARCH 19, PRIOR
TO 2:30 P.M
Nfr. ROBERT C. YRD, Mr. President,
I ask unanimous coent that there be
no yea-and-nay vot on Tuesday,
March 19, prior to 2:30 p
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March 21, 1974 CONGRESSIONAL RECORD?SENATE
respect, I want to wish him a happy
bi day; and on that gentle note, I hope
that e will forgive me for disagreeing
with in some degree.
Mr. t SFIELD, Mr. President, if the
Senator 0 Pennsylvania will yield, I
have reache the stage in life when I try
to be nowher se on birthdays except at
home, where I el more secure.
But I took n of what the distin-
guished Republic leader had to say,
and I am glad to n e that he is a man
of the Senate, becau when the Senate
and the House, or 13 , are being at-
tacked, we are both be attacked, be-
cause we are all Memb w of Congress,
which is a coequal branch the Govern-
ment. So I hope that eve Member of
the Senate will look upon self as a
man of the Senate.
Mr. HUGH SCOTT. I agree. want to
do the best I can to shine In th ublic
eye, and I am sure that we all do.
CONGRESSIONAL BUDGET ACT OF
1974
The ACTING PRESIDENT pro tem-
pore. According to the previous order, the
Chair lays before the Senate a 1541,
which will be stated.
The assistant legislative clerk read as
follows:
A bill (8. 1541) to provide for the reform
of congressional procedures with respect to
the enactment of fiscal measures; to provide
ceilings on Federal expenditures and the
national debt; to create a budget committee
In each House; to create a congressional
once of the budget, and for other purposes.
Mr. NUNN. Mr. President, I submit an
amendment to S. 1541 and ask that it be
stated.
The assistant legislation clerk read as
follows:
On page 129, lines 10, 11, and 12, strike
the words: "or until June 1 preceding the
beginning of such fiscal year, whichever
first occurs.".
Mr. NUNN. Mr. President, this amend-
ment deletes language from S. 1541
which permits action on spending, rev-
enue, or debt measures as of June 1, even
In the absence of a budget resolution.
In the original S. 1541, one of the
major points that some of us talked
about?at least, I think I did?was the
fact that we .shoulcl not have appropria-
tion measures until such time as we had
at least agreed to the first concurrent
resolution. However, it is in the language
In the bill as it now stands. Since the
proposed bill does not establish ceilings
on individual spending measures, the
adoption of the initial budget resolution
prior to consideration of spending bills
is essential. As it now stands, the Sen-
ate would not have to agree to the first
concurrent resolution. Such a resolution
provides the recommended budget
framework and is needed as a guide when
taking action on spending legislation.
The prohibition of spending action
until the adoption of such resolution is
logical and essential. It provides the in-
centive to complete action on such a
resolution. A waiver of the prohibition
Is available if necessary. Once we start
appropriating money without a concur-
rent resolution, in my opinion, the con-
current resolution provision would be
severely diluted.
Such a resolution as recommended in
the budget framework is needed as a
guide on the prohibition of spending
action, and is logical and essential. We
sh3uld not retain in the bill a provision
which highlights and emphasizes the
possibility that Congress will not adopt
the initial budget resolution as called
for.
I also point out?and I think this is
important?that we already have a
waiver provision, so that an appropria-
tion bill, if it receives a majority vote,
can receive consideration, if the waiver
is pressed and comes to a vote in the
Senate.
The heart of the budget process as
embodied in S. 1541 is the initial budget
resolution. We should not retain a pro-
vision in the bill which hizhlights and
emphasizes the possibility that Con-
gress will not adopt the additional
budget resolution as called for.
In the event of need, the bill as
drafted, as I have already mentioned,
contains provisf.on for waiving the re-
quirement that a budget resolution must
precede spending, revenue, or debt ac-
tion. There is ample flexibility without
in any way requiring the June 1 arbi-
trary date. Such waiver provides sufft-
cient'insurance that such legislation can
be considered when needed, even absent
a budget resolution. The further provi-
sion of the June 1 permissive date is un-
necessary and carries counterproductive
implications.
I believe that we must pass a concur-
rent resolution before we start appro-
priating money. I believe that if, for any
reason, we do not, and June 1 comes,
and then we start taking up appropria-
tion bills one after another, absent a
concurrent resolution, the whole process
that so in_ny of us have labored so hard
to include in the appropriation budg-
etary process would be to a large degree
lost.
Ido not wish to make lengthy argu-
ment on the subject. I think the amend-
ment is rather simple. If any Senator
has any particular question, I shall be
glad to answer it. Otherwise, I shall be
glad to yield.
Mr. ROBERT C. B'YRD. Mr. Presi-
dent, I suggest the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. PERCY. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
Mr. PERCY. Mr. President, I should
like to address myself to the pending
amendment No. 1037 offered by a dis-
tinguished member of our Government
Operations Committee, the Senator front
Georgia (Mr. NuigN) , who has worked
diligently and hard over a period of many
months on this legislation.
We discussed at great length in the
Government Operations Committee the
impact of such a provision, and I came
to the very firm conclusion that we need
to instill in the procedures that are
S 4055
adopted enough discipline so that we
would not feel that these dates that are
established in the timetable are some-
thing that can just be breached and
overlooked in the rush of other matters.
If we specifically provide that we can-
not appropriate a single penny until we
adopt the concurrent resolution, and
that this must be done by June 1, I think
it will help instill a sense of discipline in
the Congress that is very much needed.
There is a great deal of logic to the
view that we should not begin the appro-
priation process until we know where we
are going. I mentioned just a few days
ago that this bill should be compared to
a group of people starting mit on a jour-
ney. If? you are going to get some place,
you need to know where you are going
first; and the problem is that we do not
ever agree on the destination of the jour-
ney, therefore we meander around and
do not end up at the same place. If we
agree on where we are going, and agree
that we will adopt that concurrent reso-
lution and establish a spending limit be-
fore we begin the appropriation process,
then we can evaluate the appropriation
process with a much better perspective.
For that reason, I believe that the
amendment offers a great deal of virtue
and adds considerably to the strength of
the bill, and I would hope it could be
accepted by the Senate.
Mr. ROBERT C. BYRD. Mr. President,
I think I have an understanding of the
Senator's amendment. Would he briefly
explain it once again?
Mr. NUNN. Yes, I shall be glad to.
As I understood the original bill as it
was approved by the Government Opera-
tions Committee, it was the specific in-
tention of our committee to be assured
that the first concurrent resolution would
be agreed to by Congress prior to the
consideration of appropriation bills; but
as this bill has emerged from the Rules
Committee, it now provides that appro-
priations, debt, or revenue bills can be
considered after June 1 or on the adop-
tion of the concurrent resolution, which-
ever is the first to occur.
As I indicated in my little presenta-
tion on the amendment a few moments
ago, there is already a waiver provision,
so that we could, with a majority vote of
the Senate, waive the requirement of
having the concurrent resolution agreed
to before the appropriation measures, or
any specific one. But the June 1 date is
there, which says, in effect, that we can
start appropriating money after June 1
even absent the adoption of the concur-
rent resolution, to my mind creates a dis-
incentive to adopting the concurrent res-
olution; so I would much prefer to rely
on the waiver on an individual basis,
which would keep, in my opinion, the
spotlight in focus on the fact that we
had not performed the essential business
of the Senate and the country if we had
not agreed to the concurrent resolution;
and therefore my amendment, very sim-
ply, knocks out June 1 as an alternative
triggering device to give us permission
to go forward with the appropriation
measures.
Mr. ROBERT C. BYRD. If the date of
June 1 is reached, and the concurrent
resolution has not yet been adopted, and
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S 4056 CONGRESSIONAL RECORD --- SENATE
If a number of appropriation bills are
backed up ready for action on the Senate
floor, would a single waiver open the
door for more than one appropriation
bill, or would a waiver he required as to
each appropriation bill under those
circumstances?
Mr. NUNN. The Senator from Georgia
understands that under those conditions
a waiver would be required for each ap-
propriation bill. I would certainly hope
that is the way it is. It is my understand-
ing that ,we wottld have to address each
appropriation bill on a request from
whoever was handling that bin.
The point is not that we would be pre-
vented from taking up the appropriation
bills, but a majority of the Senate would
have to reach that decision, and there
would be a real emphasis on the fact
that we needed to agree to the concur-
rent resolution.
I could be misinterpreting the statute,
but it is my understanding that it would
be necessary on eath measure.
Mr. ROBERT C. BYRD. Mr. President,
there is certainly something to be said
on behalf of the Senator's proposal. The
reason the Rules Committee wrote the
provision as it appears, with the under-
standing and consent of staff people
from other committees, VMS in view of
the realities of the situation, reoognizing
the fact that it may be impossible, on
occasion, for the Senate to reach an
agreement on a concurrent -resolution. by
June 1.
The built-in timetable is already a
rather stiff one, and it was felt that ap-
propriation bills should net be held up
beyond June 1 in the event that they had
already been reported and the Senate
leadership was prepared to call them up
by that date.
I understand that the waiver would
relieve that situation in the event that
the Senate rained it impossible to agree
to a continuing resolution; thus permit-
ting the Senate to proceed with appro-
priation bills. I would like te have an
opportunity to coneult with the man-
agers and staff people before I personally
accept the aniendment. ?
The ACTING PRksBeENT pro tem-
pore. The question is on agreeing to the
amendment of the Senator from Georgia.
Mr. ROBERT C. BYRD. Mr, President,
I suggest the absence Of a quorum.
The ACTING PREsrnigisrr pro tem-
pore. The clerk will please call the roll.
The legislative clerk proceeded to call
the roll.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESTO/NG OFFICER Mr.
METZENBATT111) . Without objection, it is
so ordered.
Mr. ROBERT C. BYRD. Mr. President,
I have no objection to the amendment
offered by the very distinguiebed junior
Senator from Georgia (Mr. Nnene). I
think there is a consensus among those
of us here who have had some expoaure
to this IneaStre prior to its debate on
the floor, that In the event more than
one appropriation bill has been cleated
for action by the Senate, a single
waiver--a single motion to waive the
provision, with respect to each of an
enumerated list of appropriation bills,
would suffice; so that, indeed, a waiver
in connection with each of the appro-
priation bills would not be required under
those circumstances.
I repeat, if more than one appropria-
tion bill were awaiting action and the
waiver were direeted toward all of those
appropriation bilis awaiting action, then
the single waiver, approved by a ma-
jority vote of the Senate, would obviate
the necessity :for giving subsequent
waivers for eaca of the appropriation
bills.
Mr. NUNN. Mr. President, I would
agree with the Senator's statement?
Mr. ROBERT BYRD. Mr. President,
may we have order in the Senate? I have
a little difficulty expressing myself when
there are other conversations in progress,
and I also have some difficulty hearing
others. We shotld have better order in
the Senate.
The PRESIDING OFFICER. The Sen-
ate will be in order.
Mr. NUNN. ear. President, I would
agree with the assessment made by the
distinguished Senator from West Vir-
ginia. I know that he is very knowledge-
able not only of Senate rules in general
but also of the particular rules in this
case, and I have great respect for him
and for his knowledge. I. would think
that the Committee on Appropriations
which would be reporting all appropria-
tions could decide the form of the waiver
It wanted. If it wanted a waiver for the
agriculture bill, the military appropria-
tion bill, or whatever, the committee
could do it as broadly or as narrowly as
it wanted, based on the responsibility of
the Appropriations Committee, which
would depend on the situation. They
would either decide to go the narrow way
or they might want to go the broad way.
At that time, Senators who felt that
they needed to put the pressure on to
have a concuerent resolution passed,
would have the right eo oppose the waiver
with time limitations written into the
bill, so that they could decide what
method they wanted.. So I would agree
with the Senater from West Virginia.
Mr. ROBERT C. l3YRD. One further
question, if I may--
Mr. President, may we have order in
the Senate? I do not see any necessity
for clerks to be standing in the aisles
while a Senatoe is speaking.
The PRESIDING OFFICER. The Sen-
ator's point is well taken. Attaches will
not stand in the aisles when the Senator
from West Virginia or any other Senator
is addressing the Chair.
Mr. ROBERT C. BYRD. Mr. President,
I certainly respect all the clerks of
committees. I realize that they have a
heavy responsteility. I frankly do not see
how we can get along without them. They
are the experts in many 'ways, but I wish
they would keep in mind that this is the
Senate Chamb en Of course, they have to
await the pleasure of a Senator if he
asks them for advice; but otherwise I
would think :t would preserve better
order in the Senate if aides and clerks
to Senators weuld be seated.
The PRESIDING OFFICER. The dis-
tinguished Senator's point is well taken.
Attaches and aides will please retire to
March 21, 1974
the rear of the Chamber unless their
Senator requests a discussion with them.
They will please remain in their seats
while a Senator is addressing the Chair.
Mr. ROBERT C. BYRD. I thank the
Chair very much.
Mr. President, now if I may; ask a
further question of the Senator from
Georgia, if I understand the Senator's
amendment correctly, the House of Rep-
resentatives, where appropriation bills
customarily originate --not by order of
the Constitution, but customarily orig-
inate?would not be forced to await ap-
proval of the concurrent resolution by
the Senate prior to initiating floor action
in the Howie of Repiesentatives: on ap-
propriation bills that may have accumu-
lated there. Am I correct?
Mr. NUNN. I would think that is a
correct assessment. I believe this applies
only to the. Senate.
Mr. ROBERT C. BYRD. So, the House,
he the event it wished to waive the re-
quirement for a continuing resolution in
order to start the appropriation bill mov-
ing, could proceed to do so, regardless of
the stage at which matters had devel-
oped in the Senate at that particular
moment?
Mr. NUNN. The Senator from Georgia
reads the bill so that the House of Rep-
resentatives would not be precluded from
getting their own waiver, but that this
provision does apply to both the, Senate
and the House and that the House would
have to do the same thing over there
that we would have to do over here, in
that they would have to await a waiver,
unless a concurrent resolution is passed.
Mr. ROBERT C. BYRD. But neither
House is forced to await the action of the
other body in this respect before moving
to waive tire particular provision?
Mr. NUNN. I think the Senator is cor-
rect. Not only under the bill, but also, I
believe, as a constitutional matter, there
could be nothing which would prohibit
the Senate from waiving one of its own
rules.
Mr. ROBERT C. BYRD. I am not ask-
ing that. I just want to be sure ,that the
HOuse would not he forced?under the
bill as amended by the Senator's proposed
amendment?in connection with appro-
priation bills, to await the pleasure of
the Senate, if the House is ready to act.
Mr. NUNN. I am not certain that I
completely understand the Senator's
question, but it is my impression of the
bill that we provide for waivers in each
House.
Each House could act independently to
go ahead and proceed, if they waived the
rule in that House. Does that answer the
Senator's question?
Mr. ROBERT C. BYRD. Yes, that an-
swers my question. In other words, if the
Senate, at a given time, is debating the
continuing resolution and has not waived
the requirement, the House, on ,the other
hand, may proceed. if it wishes to waive
the provision. If the House has not at
that point approved the continuing res-
olution, the House may proceed to
waive that requirement and enact ap-
propriations and get them moving over
to the Senate. Am I Correct?
Mr. NUNN. The Senator from Georgia
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March 21, 1974 CONGRESSIONAL RECORD SENATE
agrees with the Senator from West Vir-
ginia as he has stated that basic premise.
4fr. ROBERT C. BYRD. Mr. President,
I congratulate the Senator on his amend-
ment. I think it is a salutary one and
Improves the bill, with the understand-
ing we have had here.
Mr. NUNN. I thank the Senator from
West Virginia.
As I have said in the past. I appreciate
greatly the work that the Senator from
West Virginia has done, because without
him, I think it would have been impos-
sible to reach the kind of broad con-
census we have reached on this bill in
order to obtain its passage.
Mr. ERVIN. Mr. President, the dis-
tinguished Senator from Georgia is a
member of the Government Operations
Committee and has done yeoman work
In the formulation of the bill reported
by the Government Operations -Commit-
tee.
I concur in the view of the Senator
from West Virginia that it would be wise
for the Senate to adopt this amendment.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment.
The amendment was agreed to.
AMENDMENT NO. 1035
Mr. NUNN. Mr. President, I believe
that at the desk is a printed amendment
Which is numbered 1035. I ask that this
amendment be reported.
The PRESIDING OFFICkat. The
amendment will be stated.
The legislative clerk proceeded to read
the amendment.
Mr. NUNN. Mr. President, I ask unani-
mous consent that further reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered; and, without
objection, the amendment will be printed
111 the RECORD.
The amendment is as follows:
On page 143, line 2, before "In", insert "(a)
ACTION BEFORE BEGINNING OF FISCAL YEAR.-".
On page 143, line 2, before "In", insert "(a)
ACTION the following:
"(2) not later than September 25 pre-
ceding the beginning of a /heal year, the
Congress shall complete action on a hill re-
quired to be reported under section 310(c) .".
On page 143, after line 18, insert the fol-
lowing:
"(b) REQUIRED PROVISION Ni NEW BUDGET
AtITHORITY LEGISLATION.-Every bill or reso-
lution providing new budget authority for a
fiscal year (other than supplemental, defi-
ciency, and continuing appropriations bills
and resolutions) shall contain a provision
that the new budget authority provided in
such bill or resolution shall not become ef-
fective until a bill required to be reported
under section 310(c) for such fiscal year
has been enacted into law.
"(C) LEGISLATION FAILING TO COMPLY SUB-
JECT TO POINT OF ORDER.-It shall not be in
order in either House to consider any bill or
resolution providing new budget authority
(or any conference report on any such bill or
resolution) which fails to comply with the
provisions of subsection (b) ."
On page 145, beginning with line 14, strike
out all through line 11 on page 146, and in-
sert the following:
"(C) BELL REQUIRED TO BE REPORTED.-.--
"(1) RECONCILIATION aria,..-If a concur-
rent resolution on the budget is agreed to in
accordance with subsection (a) containing
a direction that changes in laws be made,
and-
"(A) only one committee is directed to
determine and recommend changes, that
committee shall promptly make such deter-
mination and recommendations and report a
reconciliation bill to its House containing
such recommendations; or
"(B) more than one committee is directed
to determine and recommend changes, each
such committee so directed shall promptly
make such determination and recommend
changes and submit such recommendations
to the Committee on the Budget of its House,
which upon receiving all such recommenda-
tions, shall report to its House a reconcilia-
tion bill containing, without substantive re-
vision, al/ such recommendations.
A reconciliation bill reported under this par-
agraph shall contain a provision that the new
budget authority provided for the fiscal year
in bills and resolutions previously enacted
(as changed by such reconcllitation bill)
shall become effective.
"(2) BILL TO EFFECTUATE NEW BUDGET AU-
THoerry.-If a concurrent resolution on the
budget is agreed to in accordance with sub-
section (a) and such concurrent resolution
does not contain any direction that changes
in law be made, the Committee on the Budg-
et of each House shall promptly report to its
House a bill providing that the new budget
authority provided for the fiscal yearin bills
and resolutions previously enacted shall be-
come effective.
"(d) COMPLETION OF ACTION ON REQUIRED
Bn.m.-Congress shall complete action on a
bill required to be reported under subsection
(c) for a fiscal year not later than September
25 immediately preceding the beginning of
such fiscal year.".
On page 146, -lines 17 and 20, strike out
"reconciliation".
On page 147, strike out lines 12 through 17,
and insert the following: "unless the Con-
gress has completed action on a bill required
to be reported under subsection (c) for .the
fiscal year beginning on October 1 of such
year.".
On page 147, line 24, beginning with "all",
strike out all through "bill" on line 3, page
148, and insert "a bill required to be reported
under section 310(c) for a fiscal year".
On page 119, in the matter preceding line
1, after "reconciliation bill implementing
second required concurrent resolution" in-
sert "or bill effectuating new budget author-
ity".
On page 122, strike out lines 5 through 14.
On page 122, line 15, strike out "(2) " and
insert "(1)".
On page 122, line 21, strike out "(3) " and
Insert "(2)".
On page 122, line 25, strike out "(4)" and
insert "(3)".
Mr. NUNN. Mr. President, I think this
is a very important amendment, and I
would have to say at the outset that I
am under no illusions as to the chances
of this amendment receiving a majority
vote at this point; but I do believe sin-
cerely that the record should be made.
The amendment, it should be pointed out,
contains a very good device that was in
the original Government Operations bill
which was deleted in the Rules Com-
mittee.
However, I believe that in the future
we may very well come back to it, either
in conference committee or perhaps at a
later date on recommendations of the
budget committee.
Under the proposed version of S. 1541,
all newly enacted budget authority be-
comes effective and available for obliga-
tion on October 1, the first day of the
fiscal year. Substantial amounts of Fed-
eral funds will become committed beyond
S 4057
the possibility of rescission on that date.
I think this is a very important point.
No matter what we say in the bill, no
matter what we say in any of the pro-
visions of the bill, once October 1 rolls
around and we do have the appropria-
tion bills which are in effect, at that
point it becomes very difficult-and in
some cases, almost impossible-to really
come up with the rescission bill or the
reconciliation bill that is demanded by
the second concurrent resolution.
A reconciliation bill containing rescis-
sion of any budget authority, therefore,
must be enacted before October 1 if it is
to be effective. After October 1, as a prac-
tical matter, it will be too late. Any Mem-
ber or coalition thereof with any motive
to avoid rescissions will have incentive
to employ dilatory tactics to delay a rec-
onciliation bill until atter October 1,
when all spending authority will have al-
ready become effective. Therefore, a
small minority can easily, under some
circumstances, accomplish this result.
Therefore, spending measures, in my
opinion, should contain a clause delay-
ing their effectiveness until enactment
of a triggering bill which will be the final
step in the budget process. Such a meas-
ure will insure that a majority of Con-
gress must act on the entire spending
profile at the end of the budget process
and before any funds can be obligated
beyond the possibility of rescission. This
will prevent a small minority from lock-
ing in a spending pattern that a ma-
jority has decided it wants to change.
If the majority wishes to make no
changes in the spending measures which
have been enacted, it will simply enact a
triggering bill effectuating all such
spending and making no rescissions.
The House bill, H.R. 7130, the budget
measure which has been passed by the
House, contains provisions which have a
similar effect. Although they are different
provisions, they have a very similar ef-
fect to the triggering proposal I am mak-
ing here.
There is some well-stated opposition
to this particular provision, and I think
the Rules Committee did a good job of
laying out this opposition, although I
take exception to each of the items they
show as reasons for rejecting the trigger-
ing provision.
First, the opponents of the triggering
bill argue its extreme sensitivity to Presi-
dential veto, which would result, in their
opinion, in throwing the entire budget
process into chaos.
Mr. President, I respond to that argu-
ment by saying that the triggering meas-
ure, whether a part of the reconsiliation
bill or a separate bill, will be the wrap-up
of the budget process, if my amendment
is agreed to, which has worked itself out
over the preceding 9 months. A trigger
ing device would reflect final, up-to-the-
minute adjustments in spending, reve-
nues, and debt as appropriated Just prior
to the beginning of the budget year. It
will be the embodiment of the responsi-
ble fiscal action by Congress and will
result from painstaking effort and deli-
cate compromise.
Veto of such a bill will likely be sus-
ceptible to being overriden by Congress;
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S 4058 CONGRESSIONAL RECORD? SENATE
and, if not overridden, presumably ad-
justments could be made to satisfy the
administration.
I think this is a very important point,
because there are no provisions in this
amendment or in any triggering device
which inherently presents any problem
that would not also be presented now un-
der the provisions of S. 1641 by the veto
of the President of the United States of
the reconciliation bill, a danger which
the present bill now has.
I submit that if we are really serious
about the second concurrent resolution
and if we are really serious about the
reconciliation bill, which some of us hope
will be coming if we have overspent, and
if we have gone over the ceiling we origi-
nally imposed, based on what is in the
best economic interests of this Nation?
if we are serious about that process, then
I think we must concede that that recon-
cilitation bill, if it is vetoed by the Presi-
dent, would be just as dangerous, would
be just as disruptive, and would create
just as much chaos as a triggering meas-
ure veto.
The second major argument that the
opponents argue is that with the trig-
ger neither Congress nor the President
will know the exact amount of an appro-
priation with finality until well after its
enactment and that this is too great a
degree of ambiguity.
I say in response to that that the re-
conciliation bill creates exactly the same
ambiguity, and is now a part of S. 1541.
No greater degree of uncertainty would
be added by a triggering device. Since
the budget process is to be completed
prior to the start Of the fiscal year, with
no spending until the fiscal year begins,
this certainty as to the appropriation
levels is not needed until the end of the
processlehen adjustment can be made.
At the present time most of the appro-
priation bills are passed well after the
fiscal year. I do not think that last year,
In 1973, a single appropriation measure
was passed prior to the beginning of
the fiscal year. So we are dealing with a
tremendous amount of uncertainty now.
While I agree that this bill and the
provisions of this bill greatly will change
the present situation, we all hope, I must
say, that the reconciliation bill will carry
with it the same degree of certainty as
this provision whiph I recommend.
Another argument the opponents
claim, Ls that the existence of a trig-
gering bill would produce incentive to
"Pad" aPProPriations and requests in the
expectation that there will later be cuts.
Such incentive, if indeed there is any,
is an unavoidable aspect of any process
which allows for rescission of appropria-
tions. It is a product of the reconciliation
bill and the possibility of later decisions
to decrease amounts provided earlier.
The incentive to "pad" would not stem
from the introduction of a triggering
step in the process.
The final ergtinient of opponents is the
claim that since the effectiveness of all
spending bills would depend on a trig-
ger, any delay of the triggering measure
beyond the start of the fiscal year will
necessitate the use of continuing resolu-
tions. This, in turn, would cause the
new, supposedly efficient budget process
to fall into disrepute.
I say in response, that there Is, indeed,
under the provision I propose a possi-
bility of continuing resolutions. There
would be in effect, however, not for 6 or
8 months as is now the case, but for only
a few days or at most a few weeks while
Congress worked out the compromises
needed to allow passage of the trigger-
ing measure. This would be a situation
in which continuing resolutions would
be employed for a brief period to enable
Congress to carry out its obligations and
to put its fiscal house in order. Surely
use of this device to allow sufficient time
for completion a7 a highly complex and
vitally needed process is justifiable and
will not destroy the credibility of the
budget process.
Mr. President, I urge the Senate not
only to cOnsider this amendment today,
but also I hope the conference committee,
In the event this fails today, would con-
sider this in lieu of the House provision
which requires all appropriation meas-
ures to remain at the desk. That is a
very similar way of handling the dangers
I pointed out, but it is not as good a way
as the device the Committee on Govern-
ment Operations had and which I submit
as an amendment. So I hope this pro-
posal is consideeed favorably today and
that later the Budget Committee will give
it favorable consideration because in my
estimation when October 1 rolls by, if
we have not passed the requisite recon-
ciliation bill, it will be too late, and even
though we have a provision saying Con-
gress cannot adjourn until the recon-
ciliation bill is ;sassed, if it is carried by
a second resolution, I submit after Oc-
tober 1 that will be no real disincentive
because the bar on adjournment has been
tried several cther times and can be
waived by simple majority. Then we have
simple appropriation bills in effect, some
of which can be constitutionally chal-
lenged. When October 1 comes around,
much of the appropriation measure could
not be rescinded even if a majority
wanted to rescind.
Mr. ERVIN. :Mr. President, if I consid-
ered only my views on this matter I would
support the amendment of the distin-
guished Senatcr from Georgia. However,
my long service in the Senate has taught
me I have to be pragmatic, and I =et
support the me asure that will be adopted
by a majority in both houses, for other-
wise we will have no legislation on this
subject.
This amendment incorporates a provi-
sion that was in the bill when it came
from the Committee on Government
Operations, but it was eliminated by the
Committee on Rules and Administration.
The Committee on Rules and Adminis-
tration was of the opinion, and strongly
of the opinion, that this provision added
another step in the appropriation process
and made that process too rigid, and for
that reason e:lminated it.
. I ant constrained, to the view that we
should at this time follow the Commit-
tee on Rules and Administration and
leave the pro visions of this amendment
out of the bill.
The Comm:ttee on Rules and Admin..
MaPch 21, 1974
istration felt that the bill without this
provision would operate eilectively. I
believe the better part of wisdom is to
follow that view at this time and leave
to the future the question of whether or
not Congress will exercise enough self-
discipline to make the bill, in its present
form on this aspect, effective. If it should
prove in the future that this conclusion
Is not sound, then Congress could add
what I think is a wise provision to the
bill at a subsequent time.
But we have to get a majority vote of
the Senate to ,get any bill at all, and
many members of the Committee on
hides and Administration, and many
other Senators, are opposed to this prop-
osition. As a pragmatic matter, I hope
the Senate .will at this time defeat the
amendment, recognising that perhaps
at some future time it may be necessary
to adopt it.
Mr. PERCY. Mr. President, will the
Senator yield?
Mr. NUN:. I am glad to yield to the
Senator from Illinois.
Mr. PERCY. I wish to make a brief
comment, and I am certain that the dis-
tinguished Senator from Georgia would
want to rebut both sides of the aisle.
I have es pressed deep appreciation to
the members of the Committee on Rules
and Administration of the Senate for
their contribution and on balance they
.have done e, remarkable job.
In consequence of that, although I
highly commend the Senator from Geor-
eia (Mr. Newer) for the contribution he
has made and his attempt to make this
bill as tough a bill as possible, in the best
sense of that word, I think on balance
I stand with the chairman of the Com-
mittee on Government Operations and
would regretfully vote "no" on this
amendment. I do so saying to the dis-
tinguished Senator from Georgia that he
is one up this morning and possibly one
down, and his net contribution has been
immense. Obviously it will be discussed
in conference, but I regretfully will have
to vote "no" on the amendment,
Mr. NUNN. Let me say I completely
understand the position of the distin-
guished Senator from North Carolina,
chairman of the Government Opera-
tions Committee, and the distinguished
Senator from Illinois, the ranking mi-
nority member of the committee. Both
of them not only have done an excellent
Job in getting the bill out of the Gov-
ernment Operations Committee and sub-
committee, but also have done a remark-
able job in working with the Rules Com-
mittee and the Senator from West Vir-
ginia in coming up with a version which,
While not perfect, certainly goes a long
way toward restructuring what is an ar-
chalC and outdated budgetary process.
So while I do not agree, I understand
their opposition to this amendment. I
appreciate their kind words in speaking
on the amendment, on an individual
basis. I km* they will support a device
which will go a long way toward eesuring
that not only the theoretical intent of
the budgetary process is passed and im-
plemented, but also, as a practical mat-
ter, that we in the U.S. Senate and
we in the Congress really do mean
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March 21, 1974 CONGRESSIONAL RECORD?SENATE
what we say about budgetary reform
and that we really do mean what we say
about having a limit passed at the be-
ginning of the process which we intend to
live with" unless we change it on the
basis of economic reasons or on the basis
of great changes that may occur.
I reiterate that I do not believe the
bill as presently constituted, without my
amendment, requires the accountability
we are going to have to have if we are
going to have real budeetary reform, if
we are really going to do what the Sena-
tor from Virginia talked about so elo-
quently, if we are really going to balance
the budget in years of inflation.
I am not one of those who believes we
can balance the budget in periods of se-
vere depression or war, but I believe we
have demonstrated, and the Executive
has joined us in that, that any time we
have 4 straight years of accumulating
a debt in the neighborhood of $100 bil-
lion, in a period of high inflation, we
really have a long way to go in having
an effective process.
I would like to ask the Senator from
North Carolina his opinion. If this
amendment today is not adopted, does
the Senator from North Carolina antici-
pate this bill will be one of the pos-
sible grounds for discussion in confer-
ence committee in lieu of the present
House provision, which may or may not
be accepted by the Senate, the House
provision being that appropriation
measures shall remain at the desk until
we pass a reconciliation bill? I simply
ask the Senator from North Carolina if
he believes this could be considered as a
compromise.
Mr. ERVIN. I believe the rules of the
House would not permit the considera-
tion of anything not in the House-passed
bill. For that reason, I do not believe
that the conference could consider the
provisions of this amendment, if the
amendment should be rejected, which
I hope under the circumstances it will be.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment.
Mr. NUNN. Mr, President, the Sen-
ator from Georgia is advised, in response,
that the House bill provides appropria-
tion measures will be at the desk, and
It is encompassed simply as part of the
House rules. I am sure we will study it
and give some attention to it, but I be-
lieve it could come up in co,nference.
Mr. ERVIN. There may be a differ-
ence of opinion on that point. My own
opinion is that the provision of the
House bill to the effect the Senator men-
tioned is not sufficiently related to the
provision of his amendment to put this
matter in conference. I frankly do pot
believe the conferees would be permitted
to consider this measure in conference
if it should be rejected by the Senate.
Mr. NUNN. I thank the Senator.
Mr. HARRY P. BYRD, JR. Mr. Presi-
dent, will the Senator from Georgia
yield?
Mr. NUNN. lam glad to yield.
Mr. HARRY F. BYRD, JR. It seems to
me the Senator from Georgia has raised
a most important point, and unless the
proposal of the Senator from Georgia
is enacted, Or something similar to n,
It occurs to the Senator from Virginia
that the legislation now before us will
not be the effective instrument that it
could be if the amendment of the Sen-
ator from Georgia were adopted.
Mr. NUNN. I thank the Senator from
Virginia. I yield now to the Senator from
West Virginia.
Mr. ROBERT C. BYRD. Mr. President,
I shall be very brief.
I appreciate the motives of the distin-
guished Senator from Georgia. I know
he is attempting to write into the meas-
ure additional disciplinary provisions
that will aid in bringing about the ob-
jective of fiscal responsibility that we all
seek, but I am afraid that it would have
the effect of being impractical in that
regard. I think it would also add an addi-
tional time-consuming step in the proc-
ess of completing action on all appro-
priation bills.
Moreover?and I understand he has
already addressed himself to this objec-
tion, but to me it is a formidable one?
I fear that the adoption of this amend-
ment would enable the President, by one
single stroke of the pen, and by vetoing
the triggering measure, to effectively
veto every appropriation bill that had
been enacted prior thereto.
This would mean that with one veto
the President could veto 13 regular ap-
propriation bills and any number of
supplemental and emergency appropri-
ation bills. I am just not going to go that
far.
May I say also to the distinguished
Senator, I certainly agree with the Sen-
ator from North Carolina's interpreta-
tion of the situation with which we will
be confronted in conference. It is my
understanding the House measure does
not contain this triggering provision.
Consequently, it would not be in confer-
ence if the Senate were to reject the
amendment offered by the distinguished
Senator from Georgia.
Mr. NUNN. I am certain the Senator
from West Virginia has a better knowl-
edge of the rules of conference -than the
Senator from Georgia, but there is a
House provision that would prevent ap-
propriation bills from going into effect
prior to October 1. The motive of the
House provision is the same as the mo-
tive of this provision. I guess it would
be a matter for the conference to decide
whether this would be appropriate.
Mr. ROBERT C. BYRD. I do not think
so. I think a point of order would be
raised against it, because the House lan-
guage provides that the appropriation
bills shall be held at the enrolling clerk's
desk, whereas the Senate's amendment
provides that bills, after they are passed
through both House and Senate and go
through conference, shall be held at the
President's desk until such time as the
triggering process is enacted. There is a
great gulf between the two, so great that
I think a conference could not legiti-
mately consider the Senator's proposal.
Mr. NUNN. I would certainly defer to
the Senator from West Virginia's judg-
ment on that matter.
I would like to make one observation.
I hope we are sincere about the recon-
ciliation measure. I hope we do not be-
lieve we are not going to be rescinding
the appropriating authority if we go
S 4059
above the ceiling. I would? submit if the
President decided to veto the reconcilia-
tion bill, he would have, in effect, done
away with the appropriation process and
the really responsible part of it, for that
matter. Although the appropriation
measures would be in effect, the entire
budgetary process, with veto of the rec-
onciliation bill, would be thrown into a
complete state of disarray. The Presi-
dent, by vetoing, would be vetoing what
had been enacted by the House and Sen-
ate. Although S. 1541 does have provi-
sions which gives the President some
authority in that respect, he would not
do that.
I will also say that if the President
decides to veto 14 appropriation bills,
there would be some kind of disincentive
for Congress to pass appropriation bills
if the President were going to veto all 14.
So I would have a hard time saying
that the President would not veto a
triggering bill.
I just have some difficulty believing
that the President of the United States
would veto every appropriation bill.
That would be vetoing a year's work in
Congress, unless he were ready to see
the country close down. The Govern-
ment employees' salaries ,could not be
paid because they depend on appropria-
tions. If the President vetoed the bills,
he would be overridden more quickly than
can be imagined.
Mr. ROBERT C. BYRD. Mr. President,
I would not rule out that possibility, be-
cause I must say that I have seen many
things happen of late that I would not
have dreamed could have happened.
Mr. NUNN. I would agree with the Sen-
ator. I think that both old men's dreams
and young men's visions would not have
included some of the things I have seen
In the last year.
The PRESIDENT pro tempore. The
question is on agreeing to the amend-
ment.
The amendment was rejected.
Mr. NUNN. Mr. President, I have an-
other matter which I think will not take
much time at all. I call up amendment
No. 1036, which is a printethamendment
and is at the desk. I ask that it be stated.
The PRESIDING OFFICER. The
amendment will be stated.
On page 127, after line Et, insert the fol-
lowing:
(h) STTrDY OF CERTAIN PaocEnvans.?The
Committee on the Budget of each House
shall conduct a study to determine the feasi-
bility of adopting and implementing the
procedures described in subsection (b), and
shall report the results of such study to its
House as soon as practicable, but not later
than the first day of the first session of the
Ninety-fourth Congress.
Mr. NUNN. Mr. President, this amend-
ment, which deals generally with the
same subject matter that I have just re-
ferred to, expresses my concern. I will
not repeat the arguments I have made,
but this amendment is a triggering de-
vice amendment.
The amendment simply provides that
the committee on the budget of each
House shall conduct study to determine
the feasibility of adopting and imple-
menting the procedures described in sub-
section (b) and shall report the results
of such studies to its House as soon as
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CONGRESSIONAL RECORD ? SENATE
practicable, but not later than the 1st
day of the 1st session of the Nth Con-
gress, which is January 2, 1975.
I think. it is imperative that such an
amendment as this be Included in the
bill. I would hope that the manager of
the bill would accept the amendment,. I
would be receptive to a change in the
date.
Mr. ROBERT C. BYRD. Mr. President,
I certainly do not object to this amend-
ment. I aut willing to accept it. I think I
can speeec for my colleagues (Mr. Elena
and Mr. niece) in saying that there is no
objection to the amendment. I think, as
a matter of fact, it would be good if such
a study were conducted.
I am wondering, in view of the willing-
ness of the Senator from Georgia to
modify the amendment, whether he
would agree to do so by striking the words
"ninetylfourtli" and inserting in. lieu
thereof ." ninety-fif th".
Mr. NTre7N. As I understand, if it were
to be the 95th Congress, that would give
the committee time to make a study arid
report,. and. would give us time to study
and react to the report. I am willing to
accept that modification.
The PRESIDING OFFICER. The
amendment is so modified.
The question is on amebae to the
amendment.
The amendment was agreed to.
Mr. ROBERT C. BYRD. Mr. President,
the Senator from Georgia is batting 66%
today.
Mr. NUNN. That is not as good as I
had hoped for,, but better_than I ex-
pected. I thank the Senator for accept-
ing the eienendment and gettieg to my
amendments as fast as he has done. I
congratulate him for getting to the con-
sideration. of the bill as fast as it was
possible to do so.
Mr,, ROBERT C. BYRD, I thank the
Senator from Georgia for his valuable
contributions.
The PRESIDING OeleiCER. The bill is
_
open to amendment.
MESSAGES FROM THE PRESIDENT
Messages in writing froth the President
of the United States were communicated
to the Senate by Mr. Hefting, one of his
secretaries.
_ -
EXECUTIVE MESSAGES REFERRED
As in Eatecutive session the Presiding
Officer (Mr. Nunn) laid before the Sen-
ate messages from the Pre,sideet of the
United States submitting sundry nomin-
ations, which were referred to the ap-
propriate committees.
(The nominations received today are
printed at the end of Senate proceed-
ings.)
CONGRESSIONAL BUDGET ACT OF
1974
The Senate oantbaued with the consi-
deration af. the hill (S. 1541) to provide
for the reform of congressional proce-
dures with respect to the enactment of
fiscal measures; to provide ceilings on
Federal teependitures and the national
debt; to create a budget committee in
each House; to create a Congressional
Office of the Budget, and for other pur-
poses.
Mr. HARRY 1'. BYRD, JR. Mr. Presi-
dent, I call up my amendment No. 1051,
which is at the desk, and I ask that it
be stated.
The PRESIDING OFFICER The
amendment will be stated.
The legislative clerk read as follows:
At the appropritte place in the bill acid a
new section as follows:
SEC. . Notwitlatancling any other provi-
sMn of this or any other Act, beginning with
the fiscal year 1.97(1, the xpenditures (budget
outlays) of the Government of the United
States during eacl iiscil year shall riot ex.
coed its revenues.
Mr. HARRY IS BYRD, JR. Mr. Presi-
dent, I first request that the Senate at-
taches have the printed amendment
placed on every desk al the Senate. I do
not find it on the desk,.
The PRESIDING OFFICER. The Sen-
ate attaches are so i astructed and will
place a CODY of the amendment on the
desk of each Member of the Senate.
The Chair is advised that the amend-
ment has just arrived from the printer
and copies will be placed on the desks
promptly.
Mr. HARRY F. BYRD, JR. I thank the
Chair.
Mr. President, yesterday the Senator
from Virginia presented an amend-
ment, wheel would require, beginning
with fiscal year 1.976, hat the President,
in submitting his annual budget, sub-
mit a budget which was in balance?ex-
penditures with revel Ines?for all non-
trust fund matters. The Senate con-
sidered that amendment and rejected it.
One reason gieen in opposition is that it
was ot doubtful constitutionality; that it
was doubtful whether Congress could re-
quire the President to submit a balanced
budget. The Senator from Virginia did
not agree with that reasoning; neverthe-
less, for that end other reasons, the
amendment offered yesterday was re-
jected.
The reason the Senator from Virginia
presented that amendment was his belief
that if we are going to get Federal spend-
ing under contre I, if we are going to get
back to a balanced budget, if we are
going to eliminate the tremendous de-
ficits the Government has been running,
then the first step is for the Chief Ex-
ecutive, whoever he may be, to submit to
Congress a budget which is in balance.
The current budget, for example, was
submitted by the President out of bal-
ance to the extent of $13 billion. But, as
I mentioned, that an iendment was re-
jected.
The amendment I have called up today
is an entirely di ffereet one. It is a very
brief amendment, and reads as follows:
Notwithstanding; any other provision of
this or any other Act, beginning with the
fiscal year 1976, the expenditures (budget
outlays) of the Covernment of the United
States during each fatal year shall not ex-
ceed its revenues.
If this amendment is adopted, it would
achieve a balanced budget under the so-
called unified cencept, which is to say
March 21, 1974
that the budget, taking into considera-
tion the trust funds as well as the Fed-
eral funds, must then be in balance.
This is not as far as I personally
would prefer to go. I think it is important
to get the Federal funds bud et into
balance. But if we could achiev a bal-
ance in the total spending of the lovern-
anent, including the trust funds, Congress
would have taken a eery long, firm, and
desirable step toward controllin g? infla-
tion and maintaining the value of the
wage earner's dollar.
I do not believe the average American
citizen is aware of just how serioesly the
Government's financial situation has de-
teriorated. laa the last 20 years, the Fed-
e ral funds budget has been balaneed only
three times It has shown a deficit in 17
out of the last 20 years. The budget has
riot been balanced since 1960. But worse
than that, the trend is in the wrong di-
rection, because the deficits are far
greater now than they have been in the
past.
The deficit for fiscal year 1970 was
$13.1 billion. The deficit for 1971 as $30
billion. The deficit for 1972 was $29.2
billion. The deficit for 1973 was 125 bil-
hon. The deficit for 1974 wast$18.1 billion.
The deficit for 1975 was $17.9 billion.
In that 6-year period, Mr. President,
the accumulated Federal funds deficit
has totaled $133.3 billion. In that short
period of 6 years, the accumulated Fed-
eral funds deficit is $133 billion. Is it any
wonder that the Value of the dollar has
deteriorated? Is it any wonder thst when
the housewife goes to the grocery market
every week, the purchasieg powet of her
collar is less and less?
This Government cannot continue to
to sustain these smashing deficit; with-
out further erosion of the value of the
dollar. We are considering a piece of
legislation, an important piece of legisla-
tion, to attempt to reform the budgetary
processes of the United States Cengress.
It is Important, I think, that we do im-
prove those processes, nod the legislation
before us, so ably handled by the able
senior Senator from North Carolina on
the majority side of the aisle and the able
Zenator from Illinois on the minority
side of the aisle, provides many impor-
tant, desirable, and necessary Changes
in procedures. It certainly is an itnpor-
tent sten in the direction that Congress
needs to ga But the legislation itself,
as It now .stands, will not accomplish
and will not require what I think is so
important: that we get back to the "old
time religion" of a balanced budget.
I recognize that my view is a minority
one. I recognize that a majority of my
colleagues do not agree with my fiscal
beliefs. I recognize also that the easiest
tiling a legislator can do is vote far more
and more saending. That is the easiest
tiring any of us can do as Members of
Congress. A ad it is even easier when we
adopt a practice which has been the
practice of the Congress of the United
States for a long time now, and has
been the policy of the executive branch
of the Government for a long time, of
spending all the money you want to
spend, to spend and spend and spend,
but not worry about the revenues and
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March 21, 1974 CONGRESSIONAL RECORD?SENATE S 4061
not worry about additional taxation. No
one has to say for it; all we need to do
is add it to the debt.
Well, Mr. President, we are adding it
to the debt. The, debt at the end of the
next flacal year is projected at $505 bil-
lion. So we are adding it to the debt. But
I submit that the people are paying for
it, paying for this deficit financing, by
an indirect hidden tax; namely, by in-
flation. The value of the dollar, accord-
ing to the economist Dr. Heller, who
testified before the Finance Committee
yesterday, has deteriorated 20 percent in
the 3-year period 1972, 1973?and he
projects it to include 1974. So our people
are paying for it through inflation. In-
flation is a tax. It is a hidden tax. I
submit, it is a cruel tax. It hits hardest
at those in the lower and middle income
brackets. It hits hardest at the elderly
in our Nation who are living for the
most part on fixed incomes. Inflation
does not particularly hurt the very
wealthy. It may even be helping them.
I do not know. But what inflation is
doing is eating into every wage earner's
pay check and into every housewife's
grocery dollar.
The major cause of inflation is the
irresponsible and reckless spending pol-
icies of both the executive and legislative
branches.
The purpose of the amendment which
I have submitted today is directly to
bring some responsibility to the handling
of the financial affairs of the Govern-
ment of the United States. It will not
affect the 1975 budget which is already
in the mill and is being processed. It
will begin with the fiscal year 1976 with
the next budget to be submitted by the
President.
The amendment would require that
outlays; namely, aPpropriations by Con-
gress, not exceed the revenues to be
taken in by the Government for that
fiscal year.
Let us take an example. If the revenues
are estimated to be $300 billion for fiscal
year 1976 and Congress desires to spend
$320 billion, then it must raise the addi-
tional revenue if it is to spend the addi-
tional amount over and above the
revenues expected to be taken in during
that fiscal year.
I recognize that there are many Mem-
bers of Congress and, I would guess, per-
haps even a majority of Congress, who
do not want a balanced budget, who
think that deficit spending is a good
thing. They are entitled to that view. I
recognize that?just as I am entitled to
the contrary view.
I know that this deficit spending is a
good thing from a political point of view
for Members of Congress, because they
can spend and spend and spend and
spend and not have to raise the taxes to
pay for it. They -would let it be paid out
of inflation which, I say again, is the
cruelest tax of all because it hits the
working men the hardest, those in the
lower and middle-income brackets and
those living on fixed incomes, the elderly
of the Nation.
Let me read again the amendment:
The expenditures of the Government of
the United States during each fiscal year
shall not exceed its revenues.
Now, Mr. President, that is a constitu-
tional provision in the constitution of
every State among the 50 States in the
United States. It is the way every State
handles its own budgetary affairs.
The only government wl ich does not
have a policy of expenditures not ex-
ceeding revenues is the Federal Govern-
ment of the United States of America.
All of us know how strong the Ger-
man mark is, the Japanese yen, the Swiss
franc, and the Dutch guilder.
I had an interesting conversation at a
luncheon with the Finance Minister of
West Germany, which has one of the
soundest currencies in the world and one
of the strongest currencies in the world.
I asked him, "As a matter of curiosity,
what is your debt in Germany and what
would be your deficit for this fiscal year?"
He said, "Deficit? Deficit? We do not
have deficits in Germany. The West
German Government does not have defi-
cits. Our Constitution prevents us from
having deficits."
Well, the U.S. Constitution does not
carry that provision and I do not know
that it necessarily should. It might make
It too rigid because one cannot quickly
change the American Constitution. But
there is nothing rigid, nothing unrea-
sonable about the proposal which I have
submitted to the Senate today which
merely says that the expenditures of the
Government of the United States during
each fiscal year shall not exceed its reve-
nues.
I think not only is it not unreasonable
but if is essential, if we are going to get
any degree of financial responsibility.
The charge may be made, suppose
there is an emergency, what do we do
then? The law can be changed very
quickly, as everyone knows, in the event
that there is an emergency required.
Then the charge may be made, well,
one Congress cannot bind another Con-
gress. Of course it cannot. The legisla-
tion we are considering today, the basic
legislation before the Senate, can be re-
pealed. If it is enacted next month, it can
be repealed the next month after that,
or next year. But if Congress is willing to
adopt the amendment I have submitted,
then Congress is saying that we are will-
ing, not this year, but we are willing, be-
ginning with fiscal year 1976, to hold
Government expenditures within the
framework of Government revenues. If it
were just for several years that the Fed-
eral Government has been running def-
icits, I would not have the deep concern I
have today. I say to my colleagues that it
has not been several years. It has been a
long period of years. We have had Gov-
ernment deficits in 17 of the last 20 years,
and we have not had a balanced budget
since 1960-15 fiscal years ago.
I Would certainly hope that the Senate
would be willing to give consideration to
adopting legislation which would merely
say that beginning with fiscal year 1976,
the expenditures of the Government of
the United States during each fiscal year
shall not exceed its revenues.
Mr. ERVIN. Mr. President, much of
what was said yesterday concerning the
amendment offered by the distinguished
Senator from Virginia (Mr. HARRY F.
BYRD, JR.) and the distinguished Senator
from North Carolina (Mr. HELMS) is ap-
plicable to this amendment.
I agree with the Senator from Virginia
that the people of the United States are
asking Congress to give them bread in
the form of financial restraint, but I do
not see any use of Congress giving the
People of the United States an uncon-
stitutional stone instead of bread.
Article I, section 1, of the Constitution '
reads:
All legislative Powers herein granted shall
be vested in a Congress of the United States,
which shall consist of a Senate and House of
Representatives.
Section 8 of article I reads:
The Congress shall have Power To lay and
collect Taxes, Duties, Imposts and Excises,
to pay the Debts and provide for the common
Defense and general Welfare of the United
States . . .
Clause 7 of section 9 reads:
No money shall be drawn from the Treas-
ury, but in Consequence of Appropriations
made by Law . . .
This amendment, in effect, says that
Congress hereafter shall not exercise its
legislative powers except in a certain way,
and that Congress hereafter shall be re-
quired to raise taxes sufficient to meet
the appropriations, and the appropria-
tions will never exceed the amount of the
taxes. It is totally ineffective. It is in-
consistent with the Constitution, which
each Member of the Senate has stated
upon oath that he will support, and it is
absolutely nugatory. Instead of giving
the people of the United States bread in
the form of a balanced budget, it gives
them an unconstitutional stone.
We might as well recognize that we
cannot tie the hands of future Con-
gresses; we cannot nullify the powers of
Congress under the Constitution by a
simple statute.
As the distinguished Senator from Vir-
ginia has said, the next Congress can
change any of the provisions in this bill,
if it is enacted. That is true. But the pro-
visions of this bill, without this amend-
ment, will be constitutional and of
binding effect until they are changed by
a subsequent Congress, making the pro-
visions of this bill totally unlike the
amendment whicirthe distinguished Sen-
ator offers.
Mr. HARRY F. BYRD, JR. If the Sen-
ator will yield, that is precisely what this
proposal would do.
Mr. ERVIN. This proposal would do
nothing. I would vote for it if it was con-
stitutional.
The only way the Senator from Vir-
ginia and I can secure making it impossi-
ble for Congress to adopt an unbalanced
budget is to amend the Constitution and
take away from Congress the power It
now has, given to it by the Constitution.
Frankly, I do not see the use of adopt-
ing an amendment which flies in the face
of the Constitution and, as I say, gives
the people an unconstitutional stone in-
stead of bread.
I share the views of the Senator from
Virginia on financial matters in large
part, but we cannot get a balanced
budget by writing an unconstitutional
statute. The only way we are going to get
a balanced budget is for the Members of
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S 4062 CONGRESSIONAL RECORD -SENATE March 21,! 1974
the Senate and the lefembere of the
House to have the manhood to stand up
as they should and levy sufficient taxes to
cover the appropriations or cut the ap-
propriations so that they Will not exceed
the tax revenues available.
If I thought the amendment would
have any effect at all and could be
adopted ay the Senate wader its consti-
tutional powers, I would vote for it: I
Anow that it would have no effect, and
I do not see any use in cluttering up a bill
with provisions that are absolutely in-
consistent with the Constitution.
Mr. HARRY P. BYRD, JR. Mr, Presi-
dent, I am astonished to hear the able
and distinguished Senator from North
Carolina say that it is unconstitutional
or Congress to say we are not going to
spend more money than we take in. I am
utterly astonished at any such assertion.
Mr. ERVIN. I am not saying that. I am
saying that it is unconstitutioual for this
Congress to say that this Congress or any
succeeding Congress can do but one thing
with respect to the budget, and that is to
balance the budget. Congress cannot be
stripped of its legislative powers by a
legislative act.
Mr. HARRY P. BYRD, JR. Congress
has the responsibility in my judgment-
not only the constitutional right but also
the responsibility-to the people of the
United States of America to bring some
financial responsibility to the handling
of public funds. To say that the Con-
stitution does not permit Congress to
pass legislation specifying that the Gov-
1956
:1957_
1958
1959
1960
1961
1962
1964
1965
1966
?
ernment shall live within its income, I
find an absolutely astonishing assertion.
The Senator from Virginia may be the
only Member of the Senate who is will-
ing to vote to say that we must have a
balanced budget I do not mind being a
minority. I do not like it. I am used to
it. X know enough about politics: I have
been in politics all my life. Politicians
like to spend the public moneys, and
they do not want to raise the taxes to
pay for it. So what do we do? We create
these tremendous deficits: 1970, a $13
billion deficit; 1971, a $30 billion deficit;
1972, a $29 billion deficit; 1973, a $25 bil-
lion deficit; 1974, an $18 billion deficit;
1.975, an $18 billion deficit.
No wonder we have inflation; no
wonder the wage earner is saying that
it is difficult to make ends meet. I say we
will not get inflation under control and
we will pot get the cost .of living under
control' until we first get Government
spending under control. We have to get
away from these deficits and this is a
procedure for gating away from these
deficits.
It is for Congeess to say, "Beginning
In fiscal year 1976 we are not going to
appropriate more money than comes
into the Federal 'areasury." Congress has
control of the taxes. If enough revenue
doe a not come in they can levy more
taxes if that Is what they want to do.
But I submit th r only responsible way
to handle the fiscal affairs of this Gov-
ernment is to get back to a balanced
budget and that is what this proposal
would accomplish.
Mr. ERVEN. Mr. President, I believe
that if a majority of the House and Sen-
ate or a majority of tither body had
voted as I have since 1 came to the Sen-
ate in June 1954, the national debt of
the 'United States would not he,ve in-
creased one penny. Also if a majority of
the Senate and a majority of the House
had voted as I have since I came to the
Senate in :.954, the debt limit of the
United States would be exactly the same
today as it was during the days of Presi-
dent Eisenhower.
Mr. HARRY P. BYRD, JR. Mie Presi-
dent, I ask unanimous consent that the
amendment be printed in the Repave at
this point.
There beteg no objection, the amend-
ment was ordered to be minted? in the
RECORD, as follows:
At the appropriate place in the bill add a
new section an follows:
Sac. . Notwithstanchi ig any other pro-
v t_ion of this or any other Act, beginning
al Lb the fiscal year 19'i6, the expenditures
(-udget outlays) of the Government of the
Ux-ited States during each fiscal year shall
net exceed its revenues.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, I ask imanimoue consent that two
tables I have prepe red showirg the
deplorable financial condition 1)f the
Ftderal Government be printed at this
point in the RECORD.
Mere being no objection, the tables
were ordered to be printed in the REC0111),
as follows:
DEPtCITS IN FEDERAL FUNDS AND INTEEEST ON THE NATIONAL DEBT, 1950-70 INCLUSIVE
(Prepared by Senator Harry F Byrd, Jr., of Virginia)
fin II lions of killers]
Receipts
1963._....83.6
Outlays
854
63.
69.8
67.1
86.6
ii9. 7
65.8
77. 0
75.7
74.9
75.2
79.3
79.7
116.6
90.1
81.2
95.8
90.9
94. 8
101.4
1116.5
Individual Meanie taxes
Corporate incometaxes
Total Income taxes
Lxcise taxes (excluding MOMS)
Estate and gift_
Customs
Miscellaneous
Total Federal fund receipts
Trust funds (Social Security and highway, less interfund tran
Total_
Surplus (+)
or Debt
deficit (-) Hite, est
Receipts
Surplus (I-)
or
Outlays deficit -)
Debt
Interest
+1.6 3.8
-+1.7 7.3
-3.1 7,8
-11. 2 1.8
+. 8 3.5
-4. 1 (3
-6.9 (5
-6.5 11. 3
-8.6 11.0
-3.9 11.11
-5. 1 10.6
1967
1968
1969
19/0
1971
1972
1973
1974 1
1975 1
20-year total
111.8
114.7
143. 3
193. 2
133, 7
148.
161. 4
385.6
202. 8
126.8
143.1
148.8
1.56.3
163. 7
178. 0
186. 4
203. 7
220. 6
-15. 0
-28. 4
-5-5
-13. 1
-30.0
-26.2
-25. 0
-19.1
-17.9
14.2
15.6
17.7
20. 0
21.6
22.5
74.2
27.8
29.1
2,205.6
2, 433. 0
-221.5
236.4
Soma*: Office of Managerneut an
Budget and Treasury Department, Feb. 4, 1974.
RECEIPTS IN etaiONS--FEBRLIARY 1974
(Prepared by Senator Harry F. Byrd, Jr., of Virginia)
Fiscal year-
1968
1969
1970
1971
1972
1973
1974
1975
$87
698
$65
$15
$103
$118
$129
29
37
33
27
92
36
43
48
98
124
12.1
113
116
139
161
177
10
11
Cl
10
11
10
11
11
3
3
4
4
5
5
5
6
2
2
2
3
3
3
4
4
3
3
3
4
4
4
5
5
116
143
143
134
119
161
186
203
38
44
51
54
la
71
84
92
154
188
194
188
2119
232
270
295
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EXPENDITURES IN BILLIONS
S 4063
Fiscal year-
1968
1969
1970
1971
1972
1971
1 1.974
11975
Federal funds
143
$149
$156
$164
$178
$186
$204
$221
Trust flings (less uteri sod transactions)
36
36
40
48
54
61
71
83
Total
179
l8.
196
212
232
247
275
304
Unified budget, surplus (-Dor deficit (-)
Federal funds deficit
-25
27
+3.1
6.0
-2
13
-24
30
-23
29
=15
25
-5
18
-9
18
1 Estimated figures.
Mr. ERVIN. I am as much concerned
about the fiscal responsibility as the dis-
tinguished Senator from Virginia, for
wham I entertain most profound affec-
tion and highest admiration, but this
? amendment states, in effect, that the 93d
Congress would say to the 94th Congress,
the 95th Congress, the 96th Congress, the
97th Congress, and all future Congresses,
"You cannot exercise the powers given
you by the Constitution of the United
States."
Since I have sworn to uphold that
Constitution, I cannot vote for a meas-
ure which T consider to be null and void
under that Constitution, notwithstand-
ing the fact that I find myself in com-
plete agreement with the objectives
Which caused the distinguished Senator
from Virginia to offer it. I wish I could
support it, but I just cannot say to the
people of the United States, "When you
ask me for constitutional bread, I am
going to give you an unconstitutional
stone." I cannot support the amendment,
notwithstanding the fact that I wish we
could achieve what the Senator from
Virginia has in mind in offering it.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, I ask for the yeas and nays on the
amendment.
The VICE PRESIDENT. Is there a suf-
ficient second? There is not a sufficient
second.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, I suggest the absence of a quorum.
The VICE PRESIDENT. The clerk will
call the roll.
The second assistant legislative clerk
proceeded to call the roll.
IVIr. HARRY Fl BYRD, JR. Mr. Presi-
dent, I ask unanimous consent that the
order for the quorum call be rescinded.
The VICE PRESIDENT. Without ob-
jection, it is so ordered.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, I ask for the yeas and nays on the
amendment.
The yeas and nays were ordered.
The VICE PRESIDENT. The question
Is on agreeing to the amendment of the
Senator from Virginia (Mr. HARRY P.
BYRD, JR.) . The yeas and nays have been
ordered, and clerk will call the roll.
The assistant legislative clerk called
the roll.
Mr. ROBERT C. YRD. I announce
that the Senator from NortilDakota (Mr.
Btrxeickt), the Senator from `Florida (Mr.
C , the senator from Missouri (Mr.
BAGLETON) , the Senator from Arkansas
(Mr. FULERIGIIT) , the Senator from Alas-
ka (Mr. GRAVEL), and the Senator from
Louisiana (Mr. Lotto) are necessarily ab-
-sent.
I further announce that the Senator
from New Jersey (Mr. WILLiAnas) is ab-
sent on official business.
Mx. GRIFFIN. I announce that the
Senator from Oregon (Mr. HATFIELD)
and the Senator from North Dakota (Mr.
YouNc) are absent on official business.
I also announce that the Senator from
Vermont (Mr. AIKEN) is absent because
of illness in the family.
I further announce that the Senator
from Colorado (Mr. Dommicx) , the Sen-
ator from Maryland (Mr. MATHIAS) , and
the Senator from South Carolina (Mr.
THURMOND) are necessarily absent.
On this vote, the Senator from Oregon
(Mr. HATFIELD) is paired with the Sen-
ator from South Carolina (Mr. TRIM-
mom)) If present and voting, the Sen-
ator from Oregon would vote "nay" and
the Senator from South Carolina would
vote "yea."
The result was announced?yeas 35,
nays 52, as follows:
Allen
Baker
Bartlett
Bellmon
Biden ?
Brock
Buckley
Byrd,
Harry F., Jr.
Church
Coot
Curtis
Dole
Abourezk
Bayh
Beall
Bennett
Bentsen
Bible
Brooke
Byrd, Robert C. Kennedy
Cannon Magnuson
Case
Clark
Cotton
Cranston
Ervin
Fong
Griffin
Hart
Hartke
[No. 79 Leg.]
YEAS-35
Domenic!
Eastland
Fannin
Goldwater
Gurney
Hansen
Helms
Hollings
Hruska
Hughes
Johnston
McClellan
McClure
NAYS-52
Haskell
Hathaway
Huddleston
Humphrey
Inouye
Jackson
Javits
Aiken
Burdick
Chiles
Dominick
Eagleton
Mansfield
McGee
McGovern
McIntyre
Metcalf
Metzenbaum
Mondale
Montoya
Moss.
Nunn
Packwood
Pell
Ribicoff
Roth
Scott, Hugh
Stott,
William L.
Stennis
Symington.
Talmadge
Muskie
Nelson
Pastore
Pearson
Percy
Proxmire
Randolph
Schweiker
Sparkman
Stafford
Stevens
Stevenson
Taft
Tower
Tunney
Weicker
NOT VOTING-13
Fulbright
Gravel
Hatfield
Long
Mathias
Thurmond
Williams
Young
So the amendment (No. 1057) of Mr.
HARRY F. BYRD, JR., was rejected.
?Mr. 13ARTLETT. Mr. President, I ask
unanimous consent that I be listed as a
cosponsor of amendment No. 1051, which
was just voted on.
The PRESIDING OFFICER. WitU01.4
objection, it is so ordered.
Mr. HATHAWAY, Mr, President, I
would like to address a question to the
junior Senator from Tennessee with re-
gard to title II of the Rules Committee
version of the bill which establishes a
Congressional Office of the Budget.
It is my understanding that the Sen-
ator-from Tennessee has been intimately
involved in the development of this legis-
lation from its gestation in the Govern-
ment Operations Committee to its pres-
ent form and, in fact, is one of the floor
managers of the bill.
Mr. BROCK. The Senator from Maine
is correct. I have had considerable inter-
est in this legislation and I am particu-
larly interested in title II and in seeing
that the Congressional Office of the
Budget becomes a vital source of data to
the Congress.
Mr. HATHAWAY. I would specifically
like to direct the Senator's attention to
section 202 of the bill which sets forth
the duties and functions of the new office.
I note that it is one of the responsibilities
of the office to provide information to
the Committees of the Budget?and
members?which will assist in the dis-
charge of the Budget Committee's re-
sponsibilities, with respect to the overall
budget, appropriations bills, and other
bills which authorize or provide authori-
zation of tax expenditures. In addition,
I note that the section requires the office
to provide the Committees of the Budget
such relevant information as these com-
mittees may request.
My question is whether, in your
opinion, this language is broad encugh
to endow the Office with the authority
to analyze the effectiveness both in
fiscal terms and in substantive terms of
the various Federal expenditure pro-
grams?
Mr. BROCK. It is certainly the intent
of this bill to give Congress the capa-
bility of independently reviewing the
effectiveness of Federal expenditure
programs. The section directed explicitly
at this problem is title VII which creates
an Office of Program Review and Evalu-
ation in the GAO which would assist
committees and members in developing
criteria and proper methods of evalua-
tion. Of course, the GAO, under the
Legislative Reorganization Act already
has the authority for conducting pro-
gram review and with this bill, would
be able to upgrade their already tine
work. And my understanding is that the
GAO would call upon the information,
data, and general assistance of pos as
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S 4064
CONGRESSIONAL RECORD --SENATE
would be appropriate and that COB
would cooperate fully with GAO in these
efforts.
Mr. HATHAWAY. I thank the Senator
for his forthright answers to my ques-
tions, and am hopeful that this new
office can provide the Congress with the
tools it heeds for more effective dis-
charge of its program analysis and over-
sight position.
Mr. T.ALMADGE. Mr. President, I take
this opportunity to commend the distin-
guished chairman and members of the
Committee on Government Operations
and the distinguished chairman and
members of the Committee on Rules and
Adminfatration for their diligence and
dedication to the cause of congressional
budget *reform.
This is a very complex bill. It deals
with a (*mplex subject. On balance, I
believe that this is a good and necessary
bill. I commend those who have made
contributions to its formulation.
Also, take this opportunity to con-
gratulate my distinguished colleague
from the State of Georgia (Mr. Nueva)
on his efforts in this regard. During his
campaign for the U.S. Senate, he
promised the people of our State tha,.
he wound do something about reckless
Federal spending and the absence of a
sensible congressional framework for
determining spending priorities. My dis-
tinguished colleague front Georgia came
to the Senate, put his nose to the grind-
stone, did his homework, and has mas-
tered the subject. The people of our State
are grateful for his efforts, arid I salute
him on a job well done.
8MEND1VIENT NO. 1026
Mr. KENNEDY. Mr. President, I call
up amendment No. 1028, which I am
offering jointly with the distinguished
Senior -Senator from Kansas (Mr. PEAR-
SON) Tne cosponsors, the distinguished
junior Senator from Kansas (Mr. DOLE)
and the distinguished Senator from New
Mexico (Mr. Doetnerci).
The PRESIDING OferiCEn. The
amendment will be stated.
The legislative clerk read as follows -
On page 107, lines 16 and 17, strike out
"Ninety-sixth Congress" and insert "Ninety-
fifth Congress".
Mr. KENNEDY. Mr. President, before
considering the amendment, I wish to
join in commending the distinguished
Senator from North Carolina (Mr.
Emai), the distinguished Senator from
Maine (Mr. Mosare), the distinguished
Senator from West Virginia (Mr. ROBERT
C. BYRD) the distinguished Senator from
Illinois (Mr. Piny), the distinguished
Senator from Florida (Mr. Cremes), and
the distinguished Senator from Montana
(Mr. METCALF) , who have, I think, per-
formect in outstanding service to the
Senate and the country in developing
the proposed legislation, I also commend
the staffs who have helped prepare this
legislation, especially Mr. Bob Wallace,
whotn 7 have known for a number of
years, and who served with distinction
as Assistant Secretary for Economic
Policy in the Department of the Treasury
In the early 1960's, under both President
Kennedy and President Johnson. Ile is
a capable and able person. I think all of
us are indebten to the committees, and
staffs which de ;eloped this bill.
Mr. President, I have one amendment.
I had a chance, along with my colleague
the distinguished Senator from Kansas
(Mr. Peeesore), to talk with the chair-
man of the coramitte.e and the ranking
member. I understand that they will be
agreeable, to accepting the amendment.
The amendment is a simple one.
As reported be the Government Opera-
tions Committee and the Rules Commit-
tee, the proposed Ccngressional Budget
Act will establish comprehensive, far-
reaching and long-overdue reforms in
the way Congress handles the Federal
budget. The proposed act holds out the
Promise of a historic new era in congres-
sional control and responsibility over
Federal spendir g.
Surely, the new act will become a land-
mark achievement o f the 93d Congress,
and a centerpn ce in the continuing ef-
forts by the Senate and the House to
assert their long-dormant fiscal respon-
sibilities and prerogatives under the Con-
stitution.
The amendment that Senator PEARSON
and I are proposing is a modification of
one aspect of the bill?the transition
rule and grandfather clause accompany-
ing the ereetion of the new Senate Budg-
et Committee established under the act.
As it should, the new I5-member Budg-
et Committee will join the ranks of major
committees of the Senate?the "para-
graph 2" cominitteis listed in Senate
Rule 25.2. As a result the so-called "two-
maior-committee" limitation of Senate
Rule 25.6(a) would ordinarily be appli-
cable, under vvbich Senators are not per-
mitted to serve on more than two major
Senate Committees.
Therefore, wider the usual Senate rule,
a Senator vvho now holds two major
committee assignments would be required
to give up one of t lose committees in
order to serve on the new Budget Com-
mittee.
In dealing with this issue, the bill
reported by the Government Operations
Committe provided for the immediate
application of the two-major-committee
rule, as soon as the Budget Committee
was established As reported by the Rules
Committee, however, the bill now con-
tains a provision exempting the mem-
bers of the new Budget Committee from
the two-major-committee limitation for
nearly 5 years, until January 1979, when
the 96th Congress convenes
The Kennedy-Pearson amendment
would make the limitation applicable in
January 1977, when the 95th Congress
convenes. The amendment would thus
limit the exemption to one full Congress
instead of two full Congresses, as now
proposed in the bill before the Senate.
In general, tOe theory of the ,grand-
father clause, exempting Senators from
the immediate application of the limita-
tion, is wise as applied to the present
situation. The new Budget committee
will unquestionably be an important one,
but the details of its role and its work-
load are so unpredictable at this time,
that it would be unreasonable to require
Senators to choose ir advance to give up
an existing major committee assignment
In order to serve on the Budget Commit-
March 21, 197.4
tee. Therefore, it is appropriate to waive
the two-major-committee rule during
the initial period of operation of the new
Budget Committee under the new budget
procedures.
Although the principle of the grand-
father clause is thus sound, the eilleculty
with 'its application in the pending bill
is that it stretches out the ''get ac-
quainted" period for too long.
The two -major-cconnittee limitation
serves an extremely useful nor-nose in
guaranteeing that the important re-
sponsibilities of Senate committees are
shared widely among the lefenibers of
the Senate. Too often, as we know, the
seniority system works in Congress to
the disadvantage of canable but junior
Members, who frequently must wait
many years to win the committee assign-
ments of their choise. By limiting the
service of any Senator to no more than
2 of the 13 Present "major" commit-
tees, the Senate succeeds in large part
In making the most important leornmit-
tee assignments available reasonably
rapid to new Members, to Members
with special training or expertise in a
particular committee's jurisdiction, or
to others who wish 0 shift their assign-
ments.
In principle, therefore, in light of the
preeminent anticieated role of the Budg-
et Commitee, the two-major-commit-
tee limitation should be applied to the
new committee et the earliest practicable
opportunity.
Moreover, there is a strong additional
argument for eerly application of the
two-major-committee limitation to the
Budget Committee. Applied early, the
limitation will serve the important pur-
pose of maximizing the effectiveness of
the new committee, because it means
that Senators serving on the committee
during its early years will have fully com-
mitted themselves to the success of the
new congressional budget procedure. By
giving up an existing major committee,
the Members will signal their nem deci-
sicin to serve in earnest on the new com-
mittee without expectation of later with-
drawal from its membership.
In terms-of the Senate's assertion of its
own neglected constitutional responsi-
bilities, a mat deal is riding on the suc-
cess of the Budget Committee. In the long
run, the vigor of the new committee and
its approach to its vital responsibilities
will be best served by filling it as soon as
possible with Senators who have made
the committee an unequivocal major in-
terest, not a tentative new adventure.
Finally, according to the present
schedule for phasing in the new budget
procedures, it appears that by 1.977, the
Senate will have had ample opportunity
to assess the work of the new Budget
Committee. It is difficult to believe,
therefore, that more than a marginal
further benefit will accrue if the two-
major-committee limitation is deferred
beyond 197'7 to 1979. At least three fac-
tors lead to this conclusion:
First, there is every expectation that
the Budget Act will clear Congress and
be signed into law by the President with-
in the next; few weeks. Certainly, no one
expects it to be delayed beyond the end
of this Congress. Thus, in all likelihood,
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March 21, 1974 CONGRESSIONAL RECORD SENATE
the new Budget Committee and, the new
Congressional Office s)f the Budget will
be established immediately, and they can
begin staffing and assuming their budget
responsibilities at once.
Second, as the bill requires, the transi-
tion to the new fiscal year proposed in
the bill will take place relatively quickly.
The bill extends the 1976 fiscal year
from July 1, 1975, until September 30,
1976, at which time the new October 1-
September 30 cycle for fiscal years will
be in place.
Third, although the bill defers the
activation of the concurrent resolution
aspect of the new budget process until
the fiscal year 1977, which begins on Oc-
tober 1, 1976, the bill also provides that
under appropriate conditions, the resolu-
tion procedures may be advanced a year
to fiscal 1976, which begins on July 1,
1975.
Thus, many of the new budget proce-
dures will be in effect immediately upon
enactment. And at the latest, essentially
all of the new, procedures will be in full
effect in 1976 for the second session of
the 94th Congress; they may well be in
effect in 1975, for the first session of that
Congress, if the launching of these new
responsibilities goes smoothly.
Why, then, should there be 2 more
years, 1977 and 1978, and another full
Congress, the 95th Congress, before the
two-major-committee limitation comes
into effect? By January 1977, the Budget
Committee will have had ample oppor-
tunity to develop its procedures and as-
sess its workload, and by 1977, the regu-
lar Senate rules should apply.
On balance, the Kennedy-Pearson
amendment represents a most desirable
resolution of the various conflicting in-
terests in the application of the two-
major-committee rule. I urge the Senate
to consider the amendment and to act
favorably upon it.
Mr. PEARSON. Mr. President, will the
Senator yield?
Mr. KENNEDY. I yield.
Mr. PEARSON. Mr. President, I am
pleased to join in offering this amend-
ment to S. 1541, the Congressional Budg-
et Act, together with my colleagues, Sen-
ators KENNEDY, DOLE, and DOMENICI.
Mr. President, we have offered this
amendment in the hope of refining a
proposal which needs very little improve-
ment. In general, I support passage of
S. 1541 as a significant step forward in
efforts to achieve a goal we all share.
Improvement in our budgetary process
Is a high priority in Congress, and I com-
mend those of my colleagues who have
worked long and hard to bring a bill to
the floor which is comprehensive,
reasoned, and long needed, The bill
which we consider today should, if
adopted, return the power of the purse
to Congress, where it rightfully belongs,
and bring the legislative branch up to
date in assuring that it is given the
proper tools with which to determine
future budget policy.
During consideration of this measure,
there was almost unanimous support for
the creation of a congressional unit
which would be devoted solely to the
consideration of budgetary matters. For
this reason, S. 1591 creates a 15-
member Budget Committee to be one of
the so-called "major committees" in the
Senate. Because the bill contemplates a
wholly new system of legislating budget
policy in Congress, it is desirable that
special consideration be given to this
committee in its formative stages. For
this reason, the bill exempts the Budget
Committee from the requirements of
paragraph 6, rule XXV of the Standing
Rules of the Senate, which states that a
Senator can serve on only two so-called
"major committees." This exception
applies for the remainder of the 93d
Congress, as well as the 94th and 95th
Congresses.
Throughout consideration of budget
reform legislation, I have been concerned
that the creation of a powerful Budget
Committee would overshadow the work
of other Senate committees. I am pleased
that much of this concern has been miti-
gated. But even though I understand the
?need to allow Senators experienced in
budgetary matters to serve on the Budget
Committee without losing Membership
on other cornmittees, I am not convinced
that as much as 5 years is needed to ac-
complish this purpose.
Senators who support the 5-year ex-
emption have argued that this time is
needed to insure that the new process
is well established before returning to
the two major committee membership
rule. However, 5 years gives a Senator
much time to consolidate his influence
over the legislative process through his
membership on three major committees,
and this situation would, I believe, work
to the disadvantage of other Senators
and the legislative process.
The time between enactment of this
bill and the commencing of the 95th Con-
gress is sufficient for Senators desiring
to serve temporarily orr the Budget Com-
mittee to establish the groundrules and
turn the reins over to Members who wish
to serve on only one other major com-
mittee. Indeed, this amendment could
provide added impetus to initiate fully
the concurrent resolution process prior
to the present target date of fiscal year
1977, a step the committee may take un-
der the bill.
Mr. President, I hope the managers of
this bill will accept this amendment,
thereby insuring that the intent of the
Senate rules in this regard are preserved
as much as possible. We are on the verge
of approving the most significant reform
in our procedures in many years. Cer-
tainly, we should not abandon those ele-
ments of the present system which have
served us well in the past and which
need to be protected and supported. I
urge the adoption of this amendment.
Mr. ERVIN. Mr. President, I think this
is a desirable amendment. It shortens the
grandfather clause, but at the same time
it gives a Senator who happens to be as-
signed to the Committee on the Budget
a reasonable opportunity to make the
decision as to whether he wishes to re-
Main on that committee and give up
some other major committee or do the
opposite. I think it is a desirable amend-
ment, and I would certainly like to see
the Senate agree to it.
Mr. PERCY. Mr. President, I ordinarily
am concerned about grandfather clauses.
S 4065
I speak now as the grandfather of three
children whose political affiliations are
yet to be determined.
Mr. ERVIN. I take it the Senator is
referring to his grandchildren, rather
than his own children.
Mr. PERCY. The grandchildren, yes.
But in this particular case, I find tre-
mendous virtue in the , grandfather
clause. Together with the Senator from
North Carolina, I was concerned about
the way the bill came- out of the Com-
mittee on Government Operations in this
particular respect, in that we were con-
cerned that if immediately, as was pro-
vided in the Government operations bill,
a Member would have to determine
whether to go on the new Budget Com-
mittee or give up one of his existing
standing committees, we would fail to get
enough senior Members on the commit-
tee, and obviously, as we know, the power
of a committee many times is determined
by the knowledge and experience of its
membership.
Therefore, in this particular case, it
was Senator Eming's and my opinion that
the Committee on Rules and Adminis-
tration had improved the bill substan-
tially. I find no objection, however, to
gaining that experience in one term of
Congress rather than two. It would im-
plement the measure faster. The deci-
sion could be made intelligently after
that period of time, I believe, particularly
knowing that, if this bill is enacted in
the very near future, we will have a
chance to set this committee up and not
only have a chance for experience with it
this year, but also one additional full
term. So I agree with the modification of
the grandfather clause in this particular
case, and I find no objection on this side
of the aisle.
Mr. KENNEDY. Mr. President, I yield
the remainder of my time.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment of
the Senator from Massachusetts.
Mr. ROBERT C. BYRD. Mr. President,
may I say, on behalf of the Rules Com-
mittee?the distinguished chairman is
not in the Chamber at the moment--
that there is no objection an the part
of that committee. This would allow suf-
ficient time for Members appointed to
the Budget Committee to determine how
the process works and make a decision
as to whether or not they want to re-
tain membership on that committee or
shift back to the major committee from
which they would otherwise move. So I
have no objection, and am agreeable to
accepting the amendment.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment of
the Senator from Massachusetts.
The amendment was agreed to.
COMPREHENSIVE ALCOHOL ABUSE
AND ALCOHOLISM PREVENTION,
TREATMENT, AND REHABILITA-
TION ACT AMENDMENTS OF 1974
Mr. HUGHES. Mr. President. I ask
the Chair to lay before the Senate a mes-
sage from the House of Representatives
on S. 1125.
The PRESIDING OFFICER (Mr.
Moss) laid before the Senate the amend-
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S 4066 CONGRESSIONAL RECORD ?SENATE
merits of the House of Representatives
to the bill (S. 1125) to amend the Corn-
Prehehsive Alcohol Abuse and Alcohol-
ism Pre*ntion, Treatment, and Reha-
bilitation-*ct and other related acts to
concentratelhe resources of the Nation
against the prikplem of alcohol abuse and
alcoholism whiell were to strike out all
after the enacting. Valise, and insert:
That this Act mai lir. cited as tlie "Com-
prehensive Alcohol Abase and Alcoholism
Prevention, Treatment, 'load Rehabilitation
Act Amendments of 1974". ,
TITLE I?FE.DER.AL ASSIHIANCE FOR
STATE AND LOCAL ALCO OLISIVI AND
ALCOHOL ABUSE PUOGRAtil?
Pate A--Clatmers To Saar ire
Sze. 101. The heading for part Aire title
III of the Comprehensive Alcohol Abide and
Alcoholism Prevention, Treatment, and,.
habilitation Act of 1970 is amended by st
ing out "For/lama Ga.a lees" and iaserting
lieu thereof "Grazers TO STATES."
Sim. 102. (a) Section 301 of such Act is
amended by inserting immediately after "for
each of the next two fiscal years" the follow-
ing: ", $60,000,000 for the fiscal year ending
June 30, 1976, and $62,000,000 for the fiscal
year ending June 30, 1976,".
(b) The section heading for sach section
is amended to read as follows:
"evafroure.,arfore FOE FORMULA GRANTS"
SEC. 103. Section 302 of such Act is amended
by adding at the end thereof the following
new subsection:
"(d) On the request of any State, the
Secretary is authorized to arrange for the
assignment of officers and employees of the
Department or provide equipment or sup-
plies In lieu of a portion of the allotment
to such State. The allotment may be reduced
by the fair Market value of any equipment
or Supplies furnished to such S tate and by
the amount of the pay, allowances, traveling
expenses, and any other oosts in connection
with the detail of an officer or employee to
the State. The amount by which such pay-
ments are so reduced shall be available for
payment of such costs (including the costa
of such equipment and suppres) by the
Secretary, but shall for purposes of deter-
mining the allotment under section 302(8),
be (teement to have been paid to the State."
SEC. 104. Section 303(a) Of such Act is
amended?
(1) by striking out in paragraph (3) "or
groups," immediately after "nongovern-
mental organizations" and inserting in lieu
thereof ", of groups to be served with atten-
tion to assuring representation of minority
and poverty groups";
(2) by striking one, "and" at the end of
paragraph (9):
(a) by redesignating paragraph (10) as
paragraph (11); and
(4) by adding after paragraph (9) the fol-
lowing new paragraph:
"(10) set forth, in accordance with cri-
teria to be Set by the Secretary, standards
(including enforcement procedures and pen-
alties) for (A) construction and licensing of
public and private treatment facilities, and
(B) for other community services or re-
sources available to waist individuals to meet
problems resulting froin alcohol abuse; and".
See. 106 Part A of title 111 of such Act is
amended by adding at the end thereof the
following new section:
"SPECIAL GRANTS
"arc. 304. (a) To assist States which have
adopted the basic provisions of the Uniform
Alcoholism and Intoxication Treatment Act
to utilize fully the protectiOne of that Act
In their efforts to approach Edeohol abuse
and alcoholism from a community care
etandpoint, the Secretary, ac ling through
the Datilitutea May, during tte period be-
ginning July 1, 1973, and ending June 30,
1976, make grants to such States (other than
the Virgin Islands, American Samoa, Guam,
and the Trust Territory of the Pacific
Islands) for the implementation of the Uni-
form Alcoholism and Intoxication Treat-
ment Act. A grant under this section to any
State may only be made for that State's costs
(as determined tn accordances with regula-
tions prescribed by the Secretary) in imple-
menting such Act for a, period which does
not exceed one year from the first day of the
firs; month for which the grant is made, No
State may receive more than three grants un-
der this section.
"(b) No grant may be made under this
section unless an application therefor has
been submitted to, and approved by, the
Secretary. Such application shall be in such
form, submitted in such manner, and con-
tain such information as the Secretary shall
by regulation prescribe. The Secretary may
not approve an application of a State under
tills section unless he determines the fol-
lowing:
"(1) Under the laws of that State and of
ii of its political subdivisions no indi-
ual may be subject to criminal prosecu-
tic) solely on the basis of his consumption
of oholic beverages.
"(2 )The laws of the State respecting ac-
ceptanaa of individuals into alcoholism and
intoxicatn treatment programs are in ac-
cordance lflh 1,he following standards of ac-
ceptance of` dividuals for suoli treatment
(contained I section 10 of the Uniform
Alcoholism ter* Intoxication Treatment
Act) :
on a voluntary re. r than an involuntary
"(A) A patleat if possible, be treated
basis.
"(B) A patient shallaae Initially assigned
or transferred to outpatamt or intermediate
treatment, unless he is fatind to require in-
patient treatm,,snt.
"(C) A person shall not idenied treat-
mentvS solely because be has drawn from
treatment against medical sidva4, on a prior
occasion or because he has rehearsed after
earlier treatment.
"(D) An individualized treatmekit plan
shall be prepared and maintained on a cur-
rent basis for each patient.
"(E) Provision shall be made for a earn-
tinuum of coordinated treatment services Ser
that a person who leaves a facility or a fords,
of treatment will have available and utilize '
other appropriate treatment.
"(3) The laws of the State respecting in-
voluntary conimitment of alcoholics are not
inconsistent with section 14 of such Uniform
Act.
"(4) The application of the State contains
such assurances as the Secretary may require
to carry out the purposes of this section.
"(c) The amount of any grant under this
section to any State for any fiscal year may
not exceed the sum of $100,000 and an
amount equal to 10 per centum of the allot-
ment of such State for such fiscal year under
section 302 of this Act. Payments under
grants under this section may be made in ad-
vance or by way of reimbursement, and at
such intervals and on such conditions, as
the Secretary finds necessary. .
"(d) Por the purpose of making payments
under grants under this section, there are
authorized to be appropriated $13,000,000 for
the fiscal year ending June 30, 1974, and for
each of the next two fiscal years."
PAST Pi?PROJECT GRANTS AND CONTRACTS
SEC. 111. Section 311 of the Comprehensive
Alcohol Abuse and Alcoholism Prevention,
Treatment, and Rehabilitation Act of 1970 is
amended to read as follows:
"GRANTS AND CONTRACTS FOR THE PREVENTION
AND TREATMENT OF ALCOHOL AROSE AND
ALCOHOLISM
"SEC. 31L. (a) The Secretary, acting
March 21, 1974
through the Institute, may make grants to
public and nonprofit private entities and may
enter into contracts with public and private
entities and with individuals--
"(1) to conduct demonstration, service,
and evaluation projects,
"(2) to provide education and training,
"(3) to provide programs and services in
cooperation with schools, courts, penal in-
stitutions, and other public agencies, and
"(4) to provide coin seling and education
activities on an individual or community
basis,
for the prevention and treatment of alcohol
abuse and alcoholism red for the rehabilitae
tion of alcohol abusers and alcoholics,
"(b) Projects and programs 101' which
grants and ,contracts are Made under this
section shall (1) whenever possible, be com-
munity based, seek to insure care of good
quality in general cc,n- munity care 'facilities
and under health insurance plans, and be
integrated with, and provtde for the active
participation of, a wide range of public and
nongovernmental agencies, organizations, in-
stitutions, and individuals; and (2) where
appropriate utilize existing community re-
sources (including community mental health
centers).
"(c) (1) In administering this section, the
Secretary shall require coerdination of all ap-
plications fer projects and programs in a
State.
"(2) Each applicant from within a State,
upon filing its application with the Secre-
tary for a grant or contract under this sec-
tion, shall submit a ropy of ite application
for review 'Sy the State agency designated
under section 303 of this Act, if such agency
exists. Such State agency shall be given not
more than thirty days from the date of re-
ceipt of the application to submit to the
Secretary, in writing, an evaluation of the
project or program set forth in the applica-
tion. Such evaluation rhall include comments
on the relationship cf the project to other
projects and programe nending and approved
and to the State comprehensive plan for
treatment and prevention of alcohol abuse
and alcholiem under section 303. The State
shall furnish the applicant a copy of any
such evaluation.
"(3) Approval of any application for a
grant or contract by the Secretary, including
the earmarking of financial assistance for a
program or project, may be granted only if
the application substantially meets a set of
caateria established by the Secretary that?
'(A) provides that the projects and pro-
gra* for which ass: stance under this sec-
tion le sought will be substantially admin-
istered by or under the supervision of the
applicant;
"(B) provides for such methods :>f admin-
istration alleare necessary for the proper and
efficient operation of such programa and pro-
jects;
"(C) provide* for such fiscal control and
fund accountinglproc.edures as may be neces-
sary to assure peeper disbursement of and
accounting for Federal funds paid to the
applicant; and
"(D) prevides reastenable assurance that
Federal funds made available under this sec-
tion for say period will ba so used as to sup-
plement and increase, to The extent feasible
and practical, the level of State, local, and
other non-Federal tends tht6t, would in the
absence of such Federal fundfabe made avail-
able for tbe projects and programs described
in this section, and will in no event supplant
such State. local, and other lam-Federal
funds.
"(d) To make payments under grants and
contracts under thie section, there ,are au-
thorized to be appropriated $80,000,000 for
the fiscal year ending June 30, 1975, and
$75,000,000 for the decal year ending June 30,
1978."
Approved For Release 2000/08/27: CIA-RDP75600380R000600080001-1