CBA (Contents)

Congressional Budget Act of 1974

Section 1

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short titles; tables of contents

Section 1.[1] (a) Short Title.—This Act may be cited as the “Congressional Budget and Impoundment Control Act of 1974”. Titles I through IX may be cited as the “Congressional Budget Act of 1974”. Parts A and B of title X may be cited as the “Impoundment Control Act of 1974”. Part C of title X may be cited as the “Line Item Veto Act of 1996”.[2]

(b) Table of Contents.—

Section. 1. Short titles; table of contents.

Sec. 2. Declaration of purposes.

Sec. 3. Definitions.

TITLE I—ESTABLISHMENT OF HOUSE AND SENATE BUDGET COMMITTEES

Sec. 101. Budget Committee of the House.

Sec. 102. Budget Committee of the Senate.

TITLE II—CONGRESSIONAL BUDGET OFFICE

Sec. 201. Establishment of Office.

Sec. 202. Duties and functions.

Sec. 203. Public access to budget data.

TITLE III—CONGRESSIONAL BUDGET PROCESS

Sec. 300. Timetable.

Sec. 301. Annual adoption of concurrent resolution on the budget.

Sec. 302. Committee allocations.

Sec. 303. Concurrent resolution on the budget must be adopted before budget-related legislation is considered.

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

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

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

Sec. 307. House committee action on all appropriation bills to be completed by June 10.

Sec. 308. Reports, summaries, and projections of congressional budget actions.

Sec. 309. House approval of regular appropriation bills.

Sec. 310. Reconciliation.

Sec. 311. Budget-related legislation must be within appropriate levels.

Sec. 312. Determinations and points of order.

Sec. 313. Extraneous matter in reconciliation legislation.

Sec. 314. Adjustments.

Sec. 315. Effect of adoption of a special order of business in the House of Representatives.

TITLE IV—ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES

Part A—General Provisions

Sec. 401. Budget-related legislation not subject to appropriations.

Sec. 402. Analyses by Congressional Budget Office.

Sec. 403. Jurisdiction of the Appropriations Committee.

Sec. 404. Study by the General Accounting Office of forms of Federal financial commitment that are not reviewed annually by Congress.[3] 

Sec. 405. Off-budget agencies, programs, and activities.

Sec. 406. Member user group.

Part B—Federal Mandates

Sec. 421. Definitions.

Sec. 422. Exclusions.

Sec. 423. Duties of congressional committees.

Sec. 424. Duties of the Director; statements on bills and joint resolutions other than appropriations bills and joint resolutions.

Sec. 425. Legislation subject to point of order.

Sec. 426. Provisions relating to the House of Representatives.

Sec. 427. Requests to the Congressional Budget Office from Senators.

Sec. 428. Clarification of application.

TITLE V—CREDIT REFORM

Sec. 500. Short title.

Sec. 501. Purposes.

Sec. 502. Definitions.

Sec. 503. OMB and CBO analysis, coordination, and review.

Sec. 504. Budgetary treatment.

Sec. 505. Authorizations.

Sec. 506. Treatment of deposit insurance and agencies and other insurance programs.

Sec. 507. Effect on other laws.

TITLE VI— BUDGET AGREEMENT ENFORCEMENT PROVISIONS

[Title Repealed[4]]

Sec. 601. Definitions and point of order.

Sec. 602. Committee allocations and enforcement.

Sec. 603. Consideration of legislation before adoption of budget resolution for that fiscal year.

Sec. 604. Reconciliation directives regarding pay-as-you-go requirements.

Sec. 605. Application of section 311; point of order.

Sec. 606. 5-year budget resolution; budget resolutions must conform to Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. 607. Effective date.

TITLE VII—PROGRAM REVIEW AND EVALUATION

Sec. 701. Review and evaluation by standing committees.

Sec. 702. Review and evaluation by the Comptroller General. [Repealed]

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

TITLE VIII—FISCAL AND BUDGETARY INFORMATION CONTROLS

Sec. 801.  Amendment to Legislative Reorganization Act of 1970. [Repealed]

Sec. 802.  Changes in functional categories. [Repealed]

TITLE IX—MISCELLANEOUS PROVISIONS; EFFECTIVE DATES

Sec. 901. Amendments to rules of the House.

Sec. 902. Conforming amendments to standing rule of the Senate.

Sec. 903. Amendments to Legislative Reorganization Act of 1946.

Sec. 904. Exercise of rulemaking powers.

Sec. 905. Effective dates. [Repealed[5]]

Sec. 906. Application of congressional budget process to fiscal year 1976. [Repealed[6]]

TITLE X—IMPOUNDMENT CONTROL

Part A—General Provisions

Sec. 1001. Disclaimer.

Sec. 1002. Amendment to Anti-Deficiency Act. [Repealed]

Sec. 1003. Repeal of existing impoundment reporting provision. [Repealed]

Part B—Congressional Consideration of Proposed Rescissions, Reservations, and Deferrals of Budget Authority

Sec. 1011.  Definitions.

Sec. 1012. Rescission of budget authority.

Sec. 1013. Proposed deferrals of budget authority.

Sec. 1014. Transmission of messages; publication.

Sec. 1015. Reports by Comptroller General.

Sec. 1016. Suits by Comptroller General.

Sec. 1017. Procedure in House and Senate.

Part C—Line Item Veto[7]

Sec. 1021. Line item veto authority.

Sec. 1022. Special messages.

Sec. 1023. Cancellation effective unless disapproved.

Sec. 1024. Deficit reduction.

Sec. 1025. Expedited congressional consideration of disapproval bills.

Sec. 1026. Definitions.

Sec. 1027. Identification of limited tax benefits.

 

 

 

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Section 2 (CBA)

Counsel  Notes

[1] 2 U.S.C. 621 note. This section has not been classified to the U.S. Code, but is set forth in the note on section 621 of Title II, The Congress.  See “Short Title” in the Notes to that section of the U.S. Code. 

[2] The U.S Supreme Court declared Part C of title X unconstitutional (Clinton, President of the United States, et al. v. City of New York et al., 524 U.S. 417 (1998)). Pub. L. 104-130 states that “This Act may be cited as the ‘Line Item Veto Act’,” without indicating the year of enactment. Section 4 of that Act, making conforming amendments, amended this section by “inserting at the end the following new sentence: “Part C of title X may be cited as the ‘Line Item Veto Act of 1996’.”  Thus the public law may be cited without the year of enactment while Part C of the Congressional Budget and Impoundment Control Act is cited with it.

In addition, the U.S. Code omits the classification of the Act in §§691 through 692 of Title 2, The Congress, since section 5 of the Act states that it “shall have no force or effect on or after January 1, 2005.” Pub. L. 104-130, however, has not been repealed formally.

[3] The “General Accounting Office” was renamed the “Government Accountability Office” by the GAO Human Capital Reform Act of 2004 (Pub. L. 108–271, 118 Stat. 811, July 7, 2004).

[4] Section 10118(a) of the Budget Enforcement Act of 1997 (Pub. L. 105-33, 111 Stat. 695, August 5, 1997) repealed title VI of the Congressional Budget Act of 1974 in its entirety. The short title of title X of that Act is the Budget Enforcement Act of 1997. These section headings are those of the title upon repeal, as amended and not as originally enacted.

[5] Section 10120 of the Budget Enforcement Act of 1997 (Pub. L. 105-33, 111 Stat. 695, August 5, 1997), repealed section 905 of the Congressional Budget Act of 1974.

[6] Section 10120 of the Budget Enforcement Act of 1997, (Pub. L. 105-33, 111 Stat. 695, August 5, 1997), repealed section 906 of the Congressional Budget Act of 1974.

[7] The Supreme Court held this Part unconstitutional as in violation of the Presentment Clause. Congress has considered legislation to overcome this prohibition through expedited rescission legislation. The Line Item Veto Act of 1996 under its own terms has also expired. Though it is not in force in law it has not been repealed and references, though not the actual text, remain in the U.S. Code.


SECTION AS ENACTED

Sec. 1. Short titles; table of contents.

 


Legislative History Notes 
Public Laws

Pub. L. 93–344, §1, July 12, 1974, 88 Stat. 297 (Congressional Budget and Impoundment Control Act of 1974).

SHORT TITLE OF 1999 AMENDMENT

The State Flexibility Clarification Act (SFCA) mended the Congressional Budget Act of 1974 by requiring additional unfunded mandates reporting requirements from Congressional committees and the Congressional Budget Office. In doing so, it also provided for its own Short Title. 

The SFCA (Pub. L. 106–141, §1, Dec. 7, 1999, 113 Stat. 1699) provided that:

This Act may be cited as the “State Flexibility Clarification Act”.

SHORT TITLE OF 1981 AMENDMENT 

Pub. L. 97–108, §1, Dec. 23, 1981, 95 Stat. 1510 provided:

That this Act may be cited as the “State and Local Government Cost Estimate Act of 1981”.

SHORT TITLE 

Pub. L. 93–344, §1(a), July 12, 1974, 88 Stat. 297 (Congressional Budget Act of 1974), as amended by Pub. L. 104–130, §4(a), Apr. 9, 1996, 110 Stat. 1211 , provides that:

“This Act may be cited as the ‘Impoundment Control Act of 1974’.”

Pub. L. 93–344, title V, §500, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–609 , provided that: “This title [enacting subchapter III of this chapter] may be cited as the ‘Federal Credit Reform Act of 1990’.” 

Codification

This section has not been codified to the U.S. Code. Though omitted, it is referred to in the “Short Title” notes of  2 U.SC. 621

Pub. L. 93–344, §1(a), July 12, 1974, 88 Stat. 297 (Congressional Budget Act of 1974), as amended by Pub. L. 104–130, §4(a), Apr. 9, 1996, 110 Stat. 1211, is classified as follows in the U.S. Code:

  • Enacting chapters 17, 17A and 17B, and section 190a–3 of Title 2 of the U.S. Code, and sections 11a, 11c, 11d, and 1020a of former Title 31;

  • Amending section 105 of Title 1, General Provisions, sections 190b and 190d of Title 2 of the U.S. Code, and sections 11, 665, 701, 1020, and 1151, 1152, 1153, and 1154 of former Title 31;

  • Repealing sections 66 and 81 of Title 2 of the U.S. Code, and sections 571 and 581c–1 of former Title 31; and

  • Enacting provisions set out as notes under sections 190a–1, 621, 632, and 682 of Title 2 of the U.S. Code, section 105 of Title 1, General Provisions, and 1020 of former Title 31.

Pub. L. 93–344, title V, §500, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–609 , provided that: “This title may be cited as the ‘Federal Credit Reform Act of 1990’.” 

Effective Date

Pub. L. 93–344, title IX, §905, July 12, 1974, 88 Stat. 331 (Congressional Budget and Impoundment Control Act of 1974), provided effective dates at which that Act first came into effect. This section did not include dates upon which the Act would no longer be effective. These effective dates were repealed as obsolete by Pub. L. 105–33, title X, §10120(a), Aug. 5, 1997, 111 Stat. 696 (Budget Enforcement Act of 1997). See also section 10120 of the Budget Enforcement Act of 1997 for the legislative text and the joint explanatory statement description.

Pub. L. 93–344, title V, §500, as added by Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–609, provided that: “This title may be cited as the ‘Federal Credit Reform Act of 1990’.” 

 

 

 

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