CBA (Contents)
Congressional Budget Act of 1974
Section 802
TITLE VIII. FISCAL AND BUDGETARY INFORMATION CONTROLS
[Repealed]
changes in functional categories
Sec. 802. Any change in the functional categories set forth in the Budget of the United States Government transmitted pursuant to section 201 of the Budget and Accounting Act, 1921, shall be made only in consultation with the Committees on Appropriations and the Budget of the House of Representatives and Senate.
[Section 802 was repealed by 97-258, An Act “To revise, codify, and enact without substantive change certain general and permanent laws, related to money and finance, as title 31, United Slates Code, ‘Money and Finance’.”]
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Counsel Notes
Repeal
This section has been repealed insofar as it was removed from the Congressional Budget Act of 1974, effectively, by Pub. L. 97-258. This law transferred many budget-related provisions, including those in the Congressional Budget Act of 1974, to the Title 31 of the U.S. Code. It made these transfers without substantive revision, so in this sense it was transferred rather than repealed. See the Revision and Codification of Title 31 of the U.S. Code made by Pub. L. 97-258 to see the sections transferred.
Functional Categories
Functional Classifications (from the BCR Cyclopedia)
See the following:
CRS – Functional Categories of the Federal Budget (98-280) August 19, 2008
CRS – Functional Categories of the Federal Budget (98-280) June 13, 2003
CRS – Functional Categories of the Federal Budget (98-280) March 5, 2001
Section 802 (CBA, as Enacted)
See also section 802 (CBA, as Enacted) as enacted, which provides additional information as to how the provision treated changes to functional categories.
LEGISLATIVE HISTORY NOTES
PUBLIC LAWS
Pub. L. 93–344, title III, §802, 88 Stat. 330, July 12, 1974. The Congressional Budget Act of 1974 enacted this section into law.
Repeal
Section 801 Repealed and Codified by Pub. L. 97-258 (96 Stat. 877, 1082; September 13, 1982)
Title 31 Revision and Codification Law of 1982
Public Law 97-258 generally revised (“without substantive change Public Law 97-258 repealed sections 801 and 802. See An Act to Revise, Codify, and Enact Without Substantive Change Certain General and Permanent Laws, Related to Money and Finance, as title 31, United Stales Code, Money and Finance, Pub. L. No. 97-258, 96 Stat. 877, 1082 (1982). Sections 801 and 802 were codified in sections 1104, 1112, and 1113 of title 31.
Section 802 Codified as Sections 1104 of Title 31 of the U.S. Code
§1104. Budget and appropriations authority of the President.
(a) […]
(b) […]
(c) When the President makes a basic change in the form of the budget, the President shall submit with the budget information showing where items in the budget for the prior fiscal year are contained in the present budget. However, the President may change the functional categories in the budget only in consultation with the Committees on Appropriations and on the Budget of both Houses of Congress. Committees of the House of Representatives and Senate shall receive prompt notification of all such changes.
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Historical and Revision Notes
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| 1104(c) | 31:11d. | July 12, 1974, Pub. L. 93–344, §802, 88 Stat. 330 . |
Joint Explanatory Statement on the Committee of Conference on H.R. 7130 (1975)
Section 802. Changes in Functional Categories
The House bill provided that any change in the functional classifications in the budget may be made only in consultation with the Budget Committees.
The conference substitute provides that changes in functional categories may be made only in consultation with the Budget and Appropriations Committees of both Houses.
Joint Explanatory Statement on the Committee of Conference on H.R. 7130; (Committee Print), Committee on the Budget, House of Representatives, 93d Congress, 2d Session, Washington D.C. 1975.
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Budget Counsel 