(5) to procure supplies and services;

(6) to enter into contracts; and

(7) to take such other action as may be necessary to carry out this title. (c) Each department, agency, and independent agency of the executive branch of the United States Government is authorized and requested to furnish to the Committee, upon request made by the Chairman, such data, reports, and other information as the Committee deems necessary to carry out its functions under this title.

SEC. 104. There are authorized to be appropriated such sums as are necessary to carry out the provisions of this title.

TITLE II-SENATE COMMITTEE JURISDICTION

SEC. 201. (a) It is the sense of the Congress that—

(1) there is a demonstrated need for the United States Senate, as one House of the United States Congress, to assert its policymaking and oversight functions; (2) the committee structure of the United States is so organized as to frustrate the examination, the analysis, and the oversight of governmental policy; and

(3) because of the fragmentation of committee jurisdiction and responsibility in the United States Senate, there has been a decrease in clarity of policy purpose and of congressional control over governmental program operations and expenditures.

(b) It is further the sense of Congress that the Joint Committee on Congressional Operations immediately begin or commission an indepth analysis of the committee jurisdictions of the United States Senate, taking into account the need to reduce fragmentation of policy and program oversight, the necessity for alining committee jurisdiction on the functional purposes of governmental programs, the potential application of new technologies for committees of the United States Senate, and the requirement that staff personnel and resources be effectively and efficiently allocated among committees of Congress of the United States. The Joint Committee on Congressional Operations shall make periodic reports to the United States Senate and present final recommendations to the Senate by September 1, 1974.

SEC. 202. The expenses of the Joint Committee on Congressional Operations under this title shall be paid from the contingency fund of the Senate upon vouchers approved by the chairman of the Joint Committee on Congressional Operations.

TITLE III-OFFICE OF CONGRESSIONAL COUNSEL GENERAL

SEC. 301. (a) There is established in the legislative branch of the Government the Office of Congressional Counsel General, which shall be under the direction and control of the Congressional Counsel General. The Congressional Counsel General shall be appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate, with the approval of the House of Representatives and the Senate, without reference to political affiliations and solely on the basis of his fitness to perform the duties of his office, and shall be subject to removal by those officers for inefficiency, misconduct, or physical or mental incapacity. The Congressional Counsel General shall be appointed for a term which shall expire at the end of the Congress during which he is appointed. The Congressional Counsel General shall receive the same salary as Members of Congress.

(b) Subject to the availability of appropriations, the Congressional Counsel General may appoint and fix the compensation of such Assistant Counsels General and other personnel as may be necessary to carry on the work of his office. All personnel of the office shall be appointed without reference to political affiliations and solely on the basis of fitness to perform the duties of their offices. (c) The Congressional Counsel General shall promulgate for his office such rules and regulations as may be necessary to carry out the duties imposed upon him by this title. He may delegate authority for the performance of any such duty to any officer or employee of the Office of the Congressional Counsel General. No person serving as an officer or employee of such office may engage in any other business, vocation, or employment while so serving.

(d) The Congressional Counsel General shall cause a seal of office to be made for his office, of such design as the Speaker of the House of Representatives and the President pro tempore of the Senate shall approve, and judicial notice shall be taken thereof.

SEC. 302. (a) It shall be the duty of the Congressional Counsel General, under such rules as the Committees on the Judiciary of the Senate and the House of Representatives may prescribe jointly from time to time, to

(1) render to committees, Members, and disbursing officers of the Congress, and to the Comptroller General, legal opinions upon questions arising under the Constitution and laws of the United States;

(2) render to committees and Members of the Congress advice with respect to the purpose and effect of provisions contained in laws, or to be inserted in proposed legislative measures;

(3) perform such duties with respect to legislative review of executive actions as shall be prescribed by such rules;

(4) intervene or appear as amicus curiae, upon the request, or with the approval, of the Committee on the Judiciary of the Senate or House of Repre sentatives, in any action pending in any court of the United States in which there is placed in issue the constitutional validity or interpretation of any law, or the validity of any official proceeding of or action taken by either House of Congress or by any committee, Member, officer, office, or agency of the Congress; and

(5) represent, upon the request, or with the approval of the Committee on the Judiciary of the Senate or House of Representatives, either House of Congress or any committee, Member, officer, office, or agency of the Congress in any legal action pending in any court of the United States to which such House committee, Member, officer, office, or agency is a party and in which there is placed in issue the validity of any official proceeding of or action taken by such House, committee, Member, officer, office, or agency.

(b) Upon receipt of written notice from the Congressional Counsel General to the effect that he has undertaken pursuant to subsection (a) (5) of this section to perform any such specified representational service with respect to any designated action or proceeding pending or to be instituted in a court of the United States, the Attorney General shall be relieved of responsibility and shall have no authority to perform such service in such action or proceeding except at the request or with the approval of the Congressional Counsel General.

SEC. 303. (a) Subject to applicable rules of practice and procedure, the Congressional Counsel General shall be entitled as of right to intervene as a party or appear as amicus curiae in any action described in subsection (a)(4) of section 302.

(b) For the purposes of all proceedings incident to the trial and review of any action described by subsection (a) (5) of section 302 with respect to which the Congressional Counsel General has undertaken to provide representational service, and has so notified the Attorney General, the Congressional Counsel General shall have all powers conferred by law upon the Attorney General, any subordinate of the Attorney General, or any United States attorney.

(c) The Congressional Counsel General, or any attorney of his office designated by him for that purpose, shall be entitled for the purpose of performing duties imposed upon him pursuant to this title to enter an appearance in any such proceeding before any court of the United States without compliance with any requirement for admission to practice before such court, except that the authorization conferred by this subsection shall not apply with respect to the admission of any person to practice before the United States Supreme Court.

SEC. 304. The Office of the Congressional Counsel General shall have the same privilege of free transmission of official mail matter as other officers of the Congress.

SEC. 305. There are hereby authorized to be appropriated to the Office of the Congressional Counsel General such sums as may be required for the performance of the duties of the Congressional Counsel General under this title. Amounts so appropriated shall be disbursed by the Secretary of the Senate on vouchers approved by the Congressional Counsel General.

TITLE IV-GENERAL ACCOUNTING OFFICE

SEC. 401. The Budget and Accounting Act, 1921. as amended (31 U.S.C. 42), is further amended by adding at the end thereof the following new sections: "SEC. 320. (a) Whenever the Comptroller General, in the performance of any of his functions authorized by law, has reasonable cause to believe that any officer or employee of the executive branch is about to expend, obligate, or authorize the expenditure or obligation of public funds in an illegal or erroneous

manner or amount, he may institute a civil action in the United States District Court for the District of Columbia for declaratory and injunctive relief. If the Attorney General is in disagreement with the Comptroller General he is authorized to represent the defendant official in such action. Other parties, including the prospective payee or obligee who shall be served with notice or process, may intervene or be impleaded as otherwise provided by law, and process in such an action may be served by certified mail beyond the territorial limits of the District of Columbia.

"(b) Upon application of the Comptroller General or the Attorney General an action brought pursuant to this section shall be heard and determined by a district court of three judges under section 2284 of title 28, United States Code. An action brought under this section shall be expedited in every way.

"(c) In actions brought under this section, the Comptroller General shall be represented by attorneys employed in the General Accounting Office and by counsel whom he may employ without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapters III and VI of chapter 53 of such title relating to classification and General Schedule pay rates.

"(d) In the event the institution of suit under this section serves to delay a payment beyond the date it was due and owing in payment for goods or services actually delivered to and accepted by the United States, then such payment when made by the agency involved shall include interest thereon at the rate of 6 per centum per annum for the time it has been withheld. Otherwise, no court shall have jurisdiction to award damages against the United States, its officers. or agents as a result of any delay occasioned by reason of the institution of suit under this section.

"(e) This section shall be construed as creating a procedural remedy in aid of the statutory authority of the Comptroller General and not as otherwise affecting such authority.

"SEC. 321. No action may be instituted by the Comptroller General under section 320 until the expiration of a period of thirty calendar days (excluding the days on which either House is not in session because of adjournment of more than three days to a day certain or an adjournment of the Congress sine die) following the date on which an explanatory statement by the Comptroller General of the circumstances giving rise to the action contemplated has been filed with the Committees on Government Operations of the Senate and the House of Representatives and during such thirty-day period the Congress has not enacted a concurrent resolution stating in substance that it does not favor the institution of the civil action proposed by the Comptroller General."

SEC. 402. To assist in carrying out his functions, the Comptroller General may sign and issue subpenas requiring the production of negotiated contract and subcontract records and records of other non-Federal persons or organizations to which he has a right of access by law or agreement.

SEC. 403. In case of disobedience to a subpena issued under section 402 the Comptroller General may invoke the aid of any district court of the United States in requiring the production of the records involved. Any district court of the United States within the jurisdiction in which the contractor, subcontractor, or other non-Federal person or organization is found or resides or in which the contractor, subcontractor, or other non-Federal person or organization transacts business may, in case of contumacy or refusal to obey a subpena issued by the Comptroller General, issue an order requiring the contractor, subcontractor, or other non-Federal person or organization to produce the records: and any failure to obey such order of the court shall be punished by the court as a contempt thereof.

TITLE V-CONGRESSIONAL ANNUAL REPORTS

SEC. 501. Not later than 60 days after the end of each regular session of Congress, the Majority Leaders and Minority Leaders of the Senate and the House of Representatives shall, either jointly or individually, submit to Congress and the President a "State of the Congress" message with respect to such session. Each such message shall include statements, with respect to such session, concerning (1) those matters about which the Congress has taken the initiative, (2) priorities established by the Congress, and (3) matters not acted upon by Congress but upon which Congress should act or have acted.

TITLE VI-FISCAL AND BUDGETARY REFORM

PART A-CONGRESSIONAL OFFICE OF BUDGET ANALYSIS AND PROGRAM EVALUATION CHAPTER 1-ESTABLISHMENT OF OFFICE AND ESTABLISHMENT OF BUDGET CEILING

SEC. 601. (a) There is hereby established for the Congress an Office of Budget Analysis and Program Evaluation (hereafter referred to in this title as the "Office") which shall be subject to supervision and control by the Joint Economic Committee (hereafter in this title referred to as the "Joint Committee"). The Office shall have four sections as follows: (1) Informational Section, (2) Analytic Section, (3) Program Evaluation Section, and (4) Special Studies Section.

(b) The Joint Committee is authorized to appoint a Technical Director of the Office who shall serve as the head of the staff of the Office, subject to the general supervision of the Executive Director, in accordance with the purposes of the Employment Act of 1946. The Technical Director shall supervise the staff of the Office and shall perform such duties as the Joint Committee or the Executive Director may prescribe. The Technical Director shall be appointed without regard to political affiliation and solely on the basis of his fitness to perform his duties. He shall receive compensation as may be prescribed from time to time by the Joint Committee, but not in excess of the highest rate of basic pay, as in effected from time to time of grade 18 of the General Schedule of section 5332 (a) of title 5, United States Code.

(c) The Technical Director is authorized with the approval of the Joint Committee and the Executive Director, to appoint such other personnel as may be necessary to carry out the duties and functions of the Office and to fix their compensation at rates not in excess of the highest rate of basic pay, as in effect from time to time, of grade 16 of the General Schedule of section 5332 (a) of title 5, United States Code. All such personnel shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties.

SEC. 602. (a) Prior to the submission of the Budget of the United States Government for each fiscal year, the Joint Committee staff, including the Office, shall make a thorough study of the Nation's economic conditions, and the factors having a bearing thereon, including business investment, consumer spending, international trade, the availability of credit, and the state of Federal expenditures and revenues. Based upon such study, and developing conclusions about the prudent growth of Federal budget outlays, obligations and revenues, taking into consideration the objectives of the Employment Act of 1946, the Executive Director of the Joint Committee shall, two days prior to receipt of the United States budget and the President's Economic Report, make a report to the Joint Committee with

(1) an estimate of the revenues that will be received by the Federal Government during the forthcoming fiscal year;

(2) a recommendation of the amount, if any, by which Federal outlays should exceed revenues, or revenues should exceed outlays, in order to promote the general welfare and to provide maximum employment, production, and purchasing power.

(b) Upon receipt of the report submitted under subsection (a), and receipt of the Budget of the United States Government, the Joint Committee will within ten days hold hearings to determine the appropriate Federal fiscal policy as expressed in section (a) (2), and then shall make a committee report of this determination to all committees of the Senate and House of Representatives and all joint committees of the Congress. Such report shall include, but not be limited to

(1) a proposed limit on the total amount of new obligational authority, and a proposed limit on the amount of new obligational authority (for each functional category), which should be enacted for the fiscal year; and

(2) a proposed limit on the total amount of outlays, and a proposed limit on the amount of outlays for each functional category, which should be made during the fiscal year.

(c) Upon request of any committee of the Senate or House of Representatives. or any joint committee of the Congress, the Office shall furnish additional information with respect to the report transmitted pursuant to subsection (b) relating to matters within the jurisdiction of that committee or joint committee.

(d) After receiving and giving consideration to the report of the Joint Economic Committee, the Committees on Appropriations of each House of Congress shall, not later than fifteen days after receiving such recommendations, report to its House a bill establishing the total amount of outlays to be made during the fiscal year by the United States Government.

(e) (1) A bill reported under subsection (d) of this section shall be highly privileged in each House. It shall be in order at any time after the third day following the day on which such a bill is reported to move to proceed to its consideration (even though a previous motion to the same effect has been disagreed to). Such a motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate on such bill, and all amendments thereto, shall be limited to not more than ten hours, which shall be divided equally between those favoring and those opposing the bill. A motion to recommit the bill shall not be in order, and it shall not be in order to move to reconsider the vote by which the bill is agreed to or disagreed to.

(3) Motions to postpone, made with respect to the consideration of such a bill and motions to proceed to the consideration of other business, shall be decided without debate.

(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to such a bill or joint resolution shall be decided without debate.

(f) If, prior to the passage by a first House of Congress of any such bill of that House, such House receives from the second House such a bill, then the following procedure applies:

(1) Such bill received from the second House shall be reported to the first House not later than three days after being received.

(2) On any vote on final passage of such a bill of the first House, such a bill of the second House shall be automatically substituted for the bill of the first House.

(g) If the amount specified in such a bill with respect to a fiscal year agreed to by the Senate and House of Representatives is not the same, conferees on the part of the Senate and the House of Representatives shall be appointed not later than two days after the House of Congress passing the bill last passes such bill unless within those two days both Houses of Congress agree upon the same total amount of outlays of the United States Government with respect to such fical year without the convening of a committee of conference. Upon appointment of conferees, the committee of conference shall meet immediately to resolve their differences. The provisions of subsection (b) shall be applicable with respect to the consideration of any report of a committee of conference on any such bill. SEC. 603. It shall be the duty and function of the Informational Section of the Office, under supervision of the Executive Director, to provide information to committees and Members of the Senate and House of Representatives and joint committees of the Congress, on request, with respect to the budget, appropriation bills, revenue receipts and and estimates, and changing revenue conditions. The information to be provided shall include, but not be limited to

(1) budget requested by Federal departments and agencies:

(2) budget requests as set forth in the budget submitted by the President: (3) amounts authorized to be appropriated for programs and activities, together with the legislative history of the laws authorizing such appropriations; (4) estimates of projected costs of programs and activities, not extending beyond a five-year period:

(5) amounts appropriated for programs and activities, amounts of other types of budget authority, including contract authority, authority to spend debt receipts, loan authority, and supplemental budget authority:

(6) amounts apportioned by the Office of Management and Budget:

(7) amounts appropriated which have been obligated by Federal departments and agencies and balances of unobligated appropriations:

(S) summaries of all past evaluation or other program studies, including relevant reports of the Comptroller General, the Office of Management and Budget. and the several agencies: and

(9) reports on impoundments of funds as submitted by the Office of Management and Budget.

Src. 604. It shall be the duty and function of the Analytic Section of the Office dertake