§133. Section 403. Jurisdiction of the Appropriations Committees

Congressional Budget Act of 1974

Section 403

TITLE IV—ADDITIONAL PROVISIONS TO IMPROVE

jurisdiction of the appropriations committees^[1]

Sec. 403. (a) Amendment of House Rules.—Clause 2 of rule XI^[2] of the Rules of the House of Representatives is amended by redesignating paragraph (b) as paragraph (e) and by inserting after paragraph (a) the following new paragraphs:

“(b) Rescission of appropriations contained in appropriation Acts (referred to in section 105 of title 1, United States Code).

“(c) The amount of new spending authority described in section 401(c)(2) (A) and (B) of the Congressional Budget Act of 1974 which is to be effective for a fiscal year.

“(d) New spending authority^[3] described in section 401(c)(2)(C) of the Congressional Budget Act of 1974 provided in bills and resolutions referred to the committee under section 401(b)(2) of that Act (but subject to the provisions of section 401(b)(3) of that Act).”

(b) Amendment of Senate Rules.—Subparagraph (c) of paragraph 1 of rule XXV of the Standing Rules of the Senate ^[4] is amended to read as follows:

“(c) Committee on Appropriations, to which committee shall be referred all proposed legislation, messages, petitions, memorials, and other matters relating to the following subjects:

“1. Except as provided in subparagraph (r), appropriation of the revenue for the support of the Government.

“2. Rescission of appropriations contained in appropriation Acts (referred to in section 105 of title 1, United States Code).

“3. The amount of new spending authority described in section 401(c) (2) (A) and (B) of the Congressional Budget Act of 1974 provided in bills and resolutions referred to the committee under section 401(b) (2) of that Act (but subject to the provisions of section 401(b)(3) of that Act).

“4. New advance spending authority described in section 401(c)(2)(C) of the Congressional Budget Act of 1974 provided in bills and resolutions referred to the committee under section 401(b)(2) of that Act (but subject to the provisions of section 401(b)(3) of that Act).”

[1] Section 403 made amendments to the jurisdiction of the Committees on Appropriations of the House of Representatives and the Senate. This is the original text of the section. It has been substantively revised since its enactment because the rules of Congress have been amended. This section, however, has not been amended.

[2] The Rules of the House of Representatives were recodified at the beginning of the 106^th Congress. Rule XI, referred to here, became rule X. Clause 1(b) of that rule now sets forth the jurisdiction of the Committee on Appropriations. See “Current Jurisdiction of the House Appropriations Committee” below for the text of that clause.

[3] New Spending Authority was originally defined as any spending, and was required to be subject to appropriations. New spending not so controlled was subject to referral to the Appropriations Committee under this and section 401 (originally section 402xxx) of the Congressional Budget Act.

[4] The Standing Rules of the Senate continues to set forth the jurisdiction of the Senate Appropriations Committee in Rule XXV, as follows:

rule xxv

1. The following standing committees shall be appointed at the commencement of each Congress, and shall continue and have the power to act until their successors are appointed, with leave to report by bill or otherwise on matters within their respective jurisdictions:

* * * * * * *

(b) Committee on Appropriations, to which committee shall be referred all proposed legislation, messages, petitions, memorials, and other matters relating to the following subjects:

1. Appropriation of the revenue for the support of the Government, except as provided in subparagraph (e).

2. Rescission of appropriations contained in appropriation Acts (referred to in section 105 of title 1, United States Code).

3. The amount of new spending authority described in section 401(c)(2) (A) and (B) of the Congressional Budget Act of 1974 which is to be effective for a fiscal year.

4. New spending authority described in section 401(c)(2)(C) of the Congressional Budget Act of 1974 provided in bills and resolutions referred to the committee under section 401(b)(2) of that Act (but subject to the provisions of section 401(b)(3) of that Act).

Legislative History Notes

Public Laws

Pub. L. 93–344, title IV, §403, formerly §404, July 12, 1974, 88 Stat. 320 (Congressional Budget Act of 1974) set forth §404, which was later renumbered §403 (current).

Pub. L. 105–33, title X, §10116(c)(1), Aug. 5, 1997, 111 Stat. 692 (Budget Enforcement Act of 1997).

Codification

Section 403 has not been classified to any section of the U.S. Code.

Amendments

Pub. L. 105–33, title X, §10116(c)(1), Aug. 5, 1997, 111 Stat. 692 redesignated this section as section 404 (from section 405), as follows:

(1) Redesignation.—Sections 403 through 407 of the Congressional Budget Act of 1974 are redesignated as sections 402 through 406, respectively.

Note on Jurisdiction of the Appropriations Committees

The body of the text of this section has not been specifically amended, though the jurisdiction of the jurisdiction of the House Committee on Appropriations has been amended.

Sec. 2 of H. Res. 5 (114^th Congress) amended Rule X of the Rules of the House of Representatives by adding the following:

(B) Committee on Appropriations.—In clause 1(b) of rule X, add the following:

“(5) Bills and joint resolutions that provide new budget authority, limitation on the use of funds, or other authority relating to new direct loan obligations and new loan guarantee commitments referencing section 504(b) of the Congressional Budget Act of 1974.”.

Current Jurisdiction of the House Appropriations Committee

From the rule X, clause 1(b), House Rules Manual (114^th Congress):

“Rule X Organization of Committees

[…]

(b) Committee on Appropriations.

(1) Appropriation of the revenue for the support of the Government.

(2) Rescissions of appropriations contained in appropriation Acts.

(3) Transfers of unexpended balances.

(4) Bills and joint resolutions reported by other committees that provide new entitlement authority as defined in section 3(9) of the Congressional Budget Act of 1974 and referred to the committee under clause 4(a)(2).

(5) Bills and joint resolutions that provide new budget authority, limitation on the use of funds, or other authority relating to new direct loan obligations and new loan guarantee commitments referencing section 504(b) of the Congressional Budget Act of 1974.

Prior Provisions

A prior section 403 (CBA), with the heading of “Analysis by Congressional Budget Office”, of Pub. L. 93–344 (Congressional Budget Act of 1974), was renumbered section 402 by Pub. L. 105-33 (Budget Enforcement Act of 1997) and is classified to section 653 of Title 2, the Congress, of the U.S. Code.

Section 402 (CBA)

Section 404 (CBA)

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