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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."

BUDGET COMMITTEE OF THE SENATE

SEC. 102. (a) Paragraph 1 of Rule XXV of the Standing Rules of the Senate is amended by adding at the end thereof the following new subparagraph:

"(r)(1) Committee on the Budget, to which committee shall be referred all concurrent resolutions on the budget (as defined in section 3(a)(4) of the Congressional Budget Act of 1974) and all other matters required to be referred to that Committee under titles II134 and IVSS of that Act, and messages, petitions, memorials, and other matters relating thereto.

"(2) Such committee shall have the duty

"(A) to report the matters required to be reported by it under titles 11156 and IV of the Congressional Budget Act of 1974;

"(B) to make continuing studies of the effect on budget outlaysSs of relevant existing and proposed legislation and to report the results of such studies to the Senate on a recurring basis;

[blocks in formation]

"(C) 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 Senate on a recurring basis; and

"(D) to review, on a continuing basis, the conduct by the Congressional Budget Office of its functions and duties."

(b) The table contained in paragraph 2 of rule XXV of the Standing Rules of the Senate is amended by inserting after

"Banking, Housing and Urban Affairs

15"

the following:

"Budget

15161

(c) Paragraph 6 of rule XXV of the Standing Rules of the Senate is amended by adding at the end thereof the following new subparagraph:

"(h) For purposes of the first sentence of subparagraph (a), membership on the Committee on the Budget shall not be taken into account until that date occurring during the first session of the Ninety-fifth Congress, upon which the appointment of the majority and minority party members of the standing

59

Section 3(3) defines "tax expenditures." See supra p. 15.

60

Section 3(1) defines "budget outlays." See supra p. 11.

61 This item refers to the number of members of the Budget Committee. Pursuant to changes in the Standing Rules of the Senate, the Senate increased the Committee's membership from 15 to 20 members in the 96th Congress, to 22 members in the 97th Congress, and to 24 members in the 100th Congress, and decreased the Committee's

committees of the Senate is initially completed. 62

Section 2 of S. Res. 9, 94th Cong., 1st Sess., 121 CONG. REC. S19,371 (Nov. 5, 1975), repealed subsections (d) and (e). S. Res. 9 set forth the requirements for open committee meetings for committees generally that now appear at paragraph (5)(b) of rule XXVI of the Standing Rules of the Senate. Until S. Res. 9 repealed it, subsection (d) was codified at 2 U.S.C. § 190a-3 (1988). As originally enacted in 1974, subsections (d) and (e) read as follows:

(d) Each meeting of the Committee on the Budget of the Senate, or any subcommittee thereof, including meetings to conduct hearings, shall be open to the public, except that a portion or portions of any such meeting may be closed to the public if the committee or subcommittee, as the case may be, determines by record vote of a majority of the members of the committee or subcommittee present that the matters to be discussed or the testimony to be taken at such portion or portions -

(1) will disclose matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States;

(2) will relate solely to matters of committee staff personnel or internal staff management and procedure;

(3) will tend to charge an individual with crime or misconduct, to disgrace or injure the professional standing of an individual, or otherwise to expose an individual to public contempt or obloquy, or will represent a clearly unwarranted invasion of the privacy of an individual;

(4) will disclose the identity of any informer or law enforcement agent or will disclose any information relating to the investigation or prosecution of a criminal offense that is required to be kept secret in the interest of effective law enforcement; or

(5) will disclose information relating to the trade secrets or financial or commercial information pertaining specifically to a given person if -

(A) an Act of Congress requires the information to be kept confidential by Government officers and employees;

or

(B) the information has been obtained by the Government on a confidential basis, other than through an application by such person for a specific Government financial or other benefit, and is required to be kept secret in order to prevent undue injury to the competitive position of such person.

(e) Paragraph 7(b) of rule XXV of the Standing Rules of the Senate and section 133A(b) of the Legislative Reorganization Act of 1946 shall not

TITLE II
CONGRESSIONAL
BUDGET OFFICE

ESTABLISHMENT OF OFFICE

SEC. 201.63 (a) IN GENERAL

(1) There is established an office of the Congress to be known as the Congressional Budget Office (hereinafter in this title referred to as the "Office"). The Office shall be headed by a Director; and there shall be a Deputy Director who shall perform such duties as may be assigned to him by the Director and, during the absence or incapacity of the Director or during a vacancy in that office, shall act as Director.

(2) The Director shall be appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate after considering recommendations received from the Committees on the Budget of the House and the Senate, without regard to political affiliation and solely on the basis of his fitness to perform his duties. The Deputy Director shall be appointed by the Director.

02 (...continued)
apply to the Committee on the Budget of the Senate.

Compare the similar provisions governing the Congressional Budget Office in section 203 (see infra pp. 39-40), and of the Government in the Sunshine Act, Pub. L. No. 94409, 90 Stat. 1241 (Sept. 13, 1976) (codified as amended at 5 U.S.C. $ $ 551, 552, 552b, 556, 557 & 39 U.S.C. § 410 (1988)).

Pursuant to subsection (d), and subsequently, Standing Rule XXVI, all meetings of the Budget Committee have been open to the public.

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