§174e. Sec. 904. Exercise of rulemaking powers. (As Enacted)

CBA, as Enacted (Contents)

Congressional Budget Act of 1974

Section 904, as Enacted

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Exercise of rulemaking powers

Sec. 904. (a) The provisions of this title (except section 905) and of titles I, III, and IV and the provisions of sections 606, 701, 703, and 1017 are enacted by the Congress—

(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, 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 supersede other rules only to the extent that they are inconsistent therewith; and

(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.

(b) Any provision of title III or IV may be waived or suspended in the Senate by a majority vote of the Members voting, a quorum being present, or by the unanimous consent of the Senate.

(c) Appeals in the Senate from the decisions of the Chair relating to any provision of title III or IV or section 1017 shall, except as otherwise provided therein, be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, concurrent resolution, reconciliation bill, or rescission bill, as the case may be.

 

 

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Counsel Notes
JOINT EXPLANATORY STATEMENT OF CONFERENCE COMMITTEE

The managers on the part of the House and the Senate of the conference of the two Houses on the amendments of the Senate to the bill (H.R. 7130) issued an explanatory statement of the legislation. This was included in a House Budget Committee print in 1975 after the bill’s enactment. It included the following description of this section:

Section 904. Rulemaking Powers

The House and Senate versions provided that the rules established for the congressional budget process and certain other provisions are an exercise of the rulemaking powers of the House and Senate and may be changed by either as it desires. The Senate amendment also provided for the waiver or suspension in the Senate of any rules in Titles III and IV by majority vote, and for a one-hour limit on appeals from the ruling of the chair.

The conference substitute retains, with conforming changes, the provisions of the House bill and Senate amendment relating to the rulemaking powers of the House and Senate. The conference substitute adopts subsections (b) and (c) of the Senate amendment relating to Senate rules.

[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.]

CURRENT SECTION

Section 904. Exercise of Rulemaking Powers.

Classification to the U.S. Code

This section was not classified to the U.S. Code as such, but was set out as a note in the former 31 U.S.C. 1301.

Legislative History Notes
Public Laws

Pub. L. 93–344, §904, July 12, 1974, 88 Stat. 331. The Congressional Budget and Impoundment Control Act of 1974 enacted this section into law. 

Revision of title 31 of the u.s. code

Most of the Congressional Budget Act of 1974 was classified to Title 31 of the U.S. Code but has since been transferred either to title 2 (The Congress) or to a revised Title 31. See the following for more information: 

 

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[BCR § 174E]