CBA (Contents)

Congressional Budget Act of 1974

Section 101

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Title I — Establishment of House and Senate Budget Committees
budget committee of the house of representatives

Sec. 101. (a) Clause 1 of Rule X of the Rules of the House of Representatives is amended by redesignating paragraph (e) through (u) as paragraphs (f) through (v), respectively, and by inserting the following new paragraph:[1] 

“(e) Committee on the Budget, to consist of twenty-three Members as follows:[2]

“(1) five Members who are members of the Committee on Appropriations;

“(2) five Members who are members of 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 successive Congresses beginning after 1974 (disregarding for this purpose any service performed as a member of such committee for less than a full session in any Congress). All selections of Members to serve on the committee shall be made without regard to seniority.[3]

(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 adjourned, to hold such hearings, to require the attendance of such witnesses and the production of such books or papers or documents or vouchers by subpoena or otherwise, and to take such testimony and records, as it deems necessary. Subpoenas may be issued over the signature of the chairman of the committee or of any member of the committee 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.[4]

(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) All concurrent resolutions on the budget (as defined in section 3(a)(4) of the Congressional Budget Act of 1974) and other matters to be referred to the Committee under titles III and IV of that Act.

“(b) The Committee shall have the duty—

“(1) to report matters required to be reported by it under titles III and IV of the Congressional Budget Act of 1974;

“(2) to make continuing studies of the effect on outlays of relevant existing and proposed legislation and to report the results of such studies to the House on a recurring basis;

“(3) to request and evaluate continuing studies of tax expenditures, to devise methods of coordinating tax expenditures, policies, and programs with 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 by the Congressional Budget Office of its functions and duties.”

 

 

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Counsel Notes

Text with updated references to the House Rules.  

Sec. 101. (a) Clause 1 of Rule X of the Rules of the House of Representatives is amended by redesignating paragraph (e) through (u) as paragraphs (f) through (v), respectively, and by inserting the following new paragraph:

“(e) Committee on the Budget, to consist of twenty-three Members as follows:[5]

“(1) five Members who are members of the Committee on Appropriations;

“(2) five Members who are members of 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 successive Congresses beginning after 1974 (disregarding for this purpose any service performed as a member of such committee for less than a full session in any Congress). All selections of Members to serve on the committee shall be made without regard to seniority.[6] 

Notes on Subsection (a)

Subsection (a) amended the Rules of the House of Representatives to establish the Committee on the Budget. Unlike other Committees, it has specific membership requirements and term limits on those who do serve on it. The following sets out a brief history of the terms limits, from the House Rules Manual:

In the 94th Congress the membership of the committee was increased to 25 (from 23), with 13 (rather than 11) members elected from committees other than Appropriations and Ways and Means (H. Res. 5, Jan. 14, 1975, p. 20). The membership was increased again in the 97th Congress to 30, with 28 from other standing committees and two from the respective leaderships (H. Res. 5, Jan. 5, 1981, pp. 98–113), and again in the 98th Congress to 31 (unanimous-consent order, Feb. 7, 1983, p. 1791). In the 99th Congress, the House amended this paragraph to remove any numerical limitation on the membership of the committee (H. Res. 7, Jan. 3, 1985, p. 393). In the 108th Congress the composition of the committee was changed to require inclusion of one member from the Committee on Rules (sec. 2(e), H. Res. 5, Jan. 7, 2003, p. 7).

Rules and Manual of the House (114th Congress), §758, p. 520.

Notes on Subsection (b)

Section 101(b) amended the House Rules by defining the jurisdiction of the Committee on the Budget.[7] This jurisdiction has been expanded over time to include statutory budget controls such as the Congressional Budget and Impoundment Control Act of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985 (and “budget process generally”. See the the Jurisdiction of the House Budget Committee in §026. Jurisdiction in the Counsel Directory for more information regarding this subject.

Notes on Subsection (c)

The existing text of section 101 reads as follows: 

(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) All concurrent resolutions on the budget (as defined in section 3(a)(4) of the Congressional Budget Act of 1974) and other matters to be referred to the Committee under titles III and IV of that Act.

“(b) The Committee shall have the duty—

“(1) to report matters required to be reported by it under titles III and IV of the Congressional Budget Act of 1974;

“2) to make continuing studies of the effect on outlays of relevant existing and proposed legislation and to report the results of such studies to the House on a recurring basis;

“(3) to request and evaluate continuing studies of tax expenditures, to devise methods of coordinating tax expenditures, policies, and programs with 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 by the Congressional Budget Office of its functions and duties.”

Subsection (c): This section amended Rule XI (as it existed then), now clause 1(d) of Rule X,  reads as follows:

RULE X

Clause 4

Additional functions of committees

§748 Budget  

(b) The Committee on the Budget shall—

(1) review on a continuing basis the conduct §748. Budget. by the Congressional Budget Office of its functions and duties;

(2) hold hearings and receive testimony from Members, Senators, Delegates, the Resident Commissioner, and such appropriate rep- resentatives of Federal departments and agen- cies, the general public, and national organiza- tions as it considers desirable in developing concurrent resolutions on the budget for each fiscal year;

(3) make all reports required of it by the Congressional Budget Act of 1974;

(4) study on a continuing basis those provisions of law that exempt Federal agencies or any of their activities or outlays from inclusion in the Budget of the United States Government, and report to the House from time to time its recommendations for terminating or modifying such provisions;

(5) study on a continuing basis proposals de- signed to improve and facilitate the congres- sional budget process, and report to the House from time to time the results of such studies, together with its recommendations; and

(6) request and evaluate continuing studies of tax expenditures, devise methods of coordinating tax expenditures, policies, and pro- grams with direct budget outlays, and report the results of such studies to the House on a recurring basis.

Notes from the House Rules Manual on Rule X, Clause 4(b) 

Paragraph (b)(1) became a part of the rules on July 12, 1974 by enactment of section 101(c) of the Congressional Budget Act of 1974 (88 Stat. 300). Subparagraph (2), contained in section 301(d) of that Act, subparagraph (3), subparagraph (4), contained in section 606 of that Act, and sub- paragraph (5), contained in section 703 of that Act, all were made part of the rules effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Paragraph (b)(2) was amended in the 99th Congress by section 232 of the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99–177) to remove reference to the first concurrent resolution on the budget. Before the House recodified its rules in the 106th Congress, subparagraph (6) was found in former clause 1(d)(5)(C) of rule X (H. Res. 5, Jan. 6, 1999, p. 47).

[§748 (p. 496)]

House Rules and Practice

In the 93rd Congress, section 101 of the Congressional Budget Act of 1974 (88 Stat. 299) established the House Budget Committee, effective July 12, 1974. The separate subpoena authority conferred upon the committee by section 101(b) of that Act has been superseded by the general grant of subpoena authority to all committees in clause 2(m) of rule XI (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The committee is also charged with the special oversight functions as described in clause 3(c) and clause 4(b) of rule X.

Before the House recodified its rules in the 106th Congress, this paragraph consisted of the committee’s legislative jurisdiction (current paragraph (d)), its oversight jurisdiction (current clause 4 of rule X), and its composition (current clause 5(a)(2) of rule X (H. Res. 5, Jan. 6, 1999, p. 47)).

99th Congress: This paragraph was again amended by section 232(h) of the Balanced Budget and Emergency Deficit Control Act of 1985, to confer jurisdiction over Senate joint or concurrent resolutions constituting congressional responses to a Presidential sequestration order issued pursuant to a report of the Comptroller General under section 252(b) of that Act (P.L. 99–177).

101st Congress: It was again amended by the Budget Enforcement Act of 1990 to conform subparagraph (2) to changes in the congressional budget laws (tit. XIII, P.L. 101–508).

104th Congress: The House amended the paragraph to expand the legislative jurisdiction of the committee by:

(1) adding other measures setting forth appropriate levels of budget totals to subparagraph (2) (now subparagraph (1));

(2) granting the committee jurisdiction over the congressional budget process generally in a new subparagraph (3) (now subparagraph (2)); and

(3) granting the committee jurisdiction over special controls over the Federal budget in a new subparagraph (4) (now subparagraph (3)), including receiving from the former Committee on Government Operations (now Oversight and Government Reform) jurisdiction over budgetary treatment of off- budget Federal agencies and measures providing exemption from sequestration orders issued under the Balanced Budget and Emergency Deficit Control Act (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 464).

Three re-referrals from the Committee on Government Reform to the Committee on the Budget marked this migration of off-budget treatment jurisdiction:

(1) the Committee on the Budget has primary jurisdiction over a bill excluding from the budget the Civil Service Retirement and Disability Fund (although the Committee on Oversight and Government Reform retains programmatic jurisdiction over that Fund);

(2) the Committee on the Budget has primary jurisdiction over a bill excluding from the budget the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund (although the Committee on Transportation and Infrastructure retains programmatic jurisdiction); and

(3) the Committee on the Budget has secondary jurisdiction over a bill amending title 49 of the United States Code and providing off- budget treatment for the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund (Dec. 6, 1995, p. 35572). The chair of the Committee on the Budget inserted in the Congressional Record a memorandum of understanding between this committee and the Committee on Rules to clarify each Committee’s jurisdiction over the congressional budget process (Jan. 4, 1995, p. 617).

105th Congress: The jurisdictional statement in subparagraph (2), previously confined to the congressional budget process, was broadened to encompass also the executive budget process formerly included in the jurisdiction of the Committee on Government Reform and Oversight (now Oversight and Government Reform) (H. Res. 5, Jan. 7, 1997, p. 121).

106th Congress: Clerical and stylistic changes were effected when the House recodified its rules in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). This committee, and not the Committee on Ways and Means, has jurisdiction over a bill establishing a rule of sequestration under the Balanced Budget and Emergency Deficit Control Act (Dec. 15, 2000, p. 27085). This committee has primary jurisdiction, and the Committee on Ways and Means has additional jurisdiction, over a bill taking Social Security trust funds off budget (Dec. 15, 2000, p. 27085).

107th Congress: The Budget Committee has primary jurisdiction, and the Committee on Rules has additional jurisdiction, over a bill amending the Budget Act to establish new legislative points of order and directing that the President include a specified matter with the budget (Feb. 13, 2001, p. 1817).[8]


Endnotes

[1] This section established the original composition and duties of the Committees of the House and the Senate. This included the responsibility for the Committees to make a continuing study on the effects of budget outlays and to devise methods coordinating tax policies with budget outlays.

[2] The Committee on Appropriations and the Committee on Ways and Means retain required membership on the Budget Committee with five each. While not in the Rules, these are split between the Majority party and the Minority party, with three members and two members each. One Member from the Rules Committee was added by House Rules at the beginning of the 107th Congress and represents the Majority party. 

[3] As of the 113th Congress, the limitation on service on the Budget Committee was four out of six successive Congresses, with an extra Congress allowed to the Chairman and Ranking Member. The composition of the House Budget Committee has been changed through House resolutions adopted to establish or amend the rules of the House of Representatives for each Congress.

[4] The separate subpoena authority conferred upon the committee by section 101(b) has been superseded by the general grant of subpoena authority conferred upon all committees by clause 2(m) of Rule XI (H. Res. 988), 93d Congress p.34470.

[5] Through the 113th Congress, House membership requirements related to the Committee on Appropriations and the Committee on Ways and Means are the same. One Member from the Rules Committee is required under House Rules.

[6] As of the 113th Congress, the limitation on service on the Budget Committee was four out of six successive Congresses, with an extra Congress allowed to the Chairman and Ranking Member. The composition of the House Budget Committee has been changed through House resolutions adopted to establish or amend the rules of the House of Representatives for each Congress.

[7] The separate subpoena authority conferred upon the committee by section 101(b) has been superseded by the general grant of subpoena authority conferred upon all committees by clause 2(m) of Rule XI (H. Res. 988), 93d Congress p.34470.

[8] From Cong. Rec. p. H268 (107th Congress):

Re-Referral of H.R. 2 to Committee on Budget and Committee on Rules

Mr. Sessions. Mr. Speaker, I ask unanimous consent that the bill, H.R. 2, be re-referred to the Committee on the Budget, and in addition, to the Committee on Rules.

Speaker pro tempore. Is there objection to the request of the gentleman from Texas?

There was no objection.

The bill that was referred here, H.R. 2, passed the House on February 13, 2001. It established a new point of order in the Congressional Budget Act of 1974, prohibiting the consideration of a (1) budget resolution that sets forth a surplus for any fiscal year that is less than the surplus of the Federal Hospital Insurance Trust Fund for such year; or (2) legislation that would cause any surplus to be less than the Fund surplus for the covered fiscal year.

SECTION 101 (CBA), AS ENACTED

Section 101. Budget Committee of the House of Representatives.

Section 101 (BPLA)

Section 101 (BPLA), as set forth in the Budget Process Law Annotated (1993)


LEGISLATIVE HISTORY NOTES
PUBLIC LAWS

The Congressional Budget and Impoundment Control Act of 1974 (Pub. L. 93–344, §101, July 12, 1974, 88 Stat. 299) enacted this section into law. It has not been directly amended since enactment. It has, however, been effectively changed by changes to the Rules of the House of Representatives, which has changed the composition and duties of the House Budget Committee. 

CODIFICATION

This section is not classified to the U.S. Code since it amends the standing Rules of the House of Representatives.

 

 

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