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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 ncted.
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 Representatires 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;
(8) 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.
SEC. 604. It shall be the duty and function of the Analytic Section of the Office to undertake
(1) an analysis of current and projected economic conditions and estimates of the effect of such on Government revenues and expenditures;
(2) an analysis of the fiscal policy embodied in the United States budget proposed for the forthcoming fiscal year and estimates of the probable effect on general economic conditions ;
(3) an analysis of major reductions, terminations, or increases in Federal programs or taxes as outlined in the proposed United States budget, and the desirability of such changes in view of their likely economic and social effects;
(4) an analysis of alternative reductions, terminations, or increases in Federal programs or taxes other than those outlined in the proposed United States budget, and the desirability of such changes in view of their likely economic and social effects;
(5) an analysis of the effect of budget changes as outlined in paragraph (3) or (4) upon outlays, obligational authority, and revenues, not only in the current year, but also projected for three to five years ahead; and
(6) to issue reports, from time to time, on the matters set forth in the preceding paragraphs.
SEC. 605. It shall be the duty and function of the Program Evaluation Section of the Office
(1) upon request of any committee of the Senate or House of Representatives or any joint committee of the Congress, to evaluate programs and activities of the Government and to analyze regulations and proposed regulations of departments and agencies with respect to their impact on outlays;
(2) upon request of the Committee on Appropriations of the Senate or House of Representatives, to provide information on, and analyses of, limits on new obligational authority and outlays recommended under section 602, and to provide liaison between such committees and committees of the Senate and House of Representatives and joint committees of the Congress having legislative jurisdiction; and
(3) in the performance of this duty, the Office shall be empowered to coordinate and utilize both the General Accounting Office and the Library of Congress resources as provided under the Legislative Reorganization Act of 1970.
SEC. 606. It shall be the duty and function of the Special Studies Section of the Office to provide special analyses of specific matters included within the functions and duties set forth in sections 604 and 605. Any such special study shall be made only upon the request of a committee or Member of the Senate or House of Representatives or a joint committee of the Congress, and only with the approval of the Director of the Office.
Sec. 607. (a) In the performance of its functions under this part, the office is authorized
(1) to make, promulgate, issue, rescind, and amend rules and regulations of the Office;
(2) to employ and fix the compensation of such employees, and purchase or otherwise acquire such furniture, office equipment, books, stationery, and other supplies, as may be necessary for the proper performance of the duties of the Office and as may be appropriated for by the Congress;
(3) to obtain the services of experts and consultants, in accordance with the provisions of section 3109 of title 5, United States Code;
(4) to equip itself with up-to-date computer capability, and to obtain the serv. ices of experts and consultants of computer technology ; and
(5) to use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States.
(b) (1) Each department, agency, and instrumentality of the executive branch of the Government, including indesendent agencies, is authorized and directed, to the extent permitted by law, to furnish to the Office, upon request made by the Director, such information as the Director considers necessary to carry out the functions of the Office.
(2) The Comptroller General of the United States shall furnish to the Technical Director copies of analyses of expenditures prepared by the General Accounting Office with respect to any department or agency in the executive branch.
(3) The Office of Management and Budget shall furnish to the Technical Di. rector copies of special analytic studies, program and financial plans, and other information, data, and reports that may be required to fully analyze the United States budget.
SEC. 608. There are authorized to be appropriated such sums as may be necessary to enable this Office to carry out its duties and functions. Expenses of the Office shall be paid on vouchers approved by the Chairman of the Joint Committee.
CHAPTER 2-SUPPLEMENTAL PROVISIONS SEC. 611, Section 201 (a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11) is amended by striking out the semicolon at the end of paragraph (11), by striking out the period at the end of paragraph (12) and inserting in lieu thereof a semicolon, and by adding at the end thereof the following new paragraphs:
"(13) a detailed evaluation of functions, activities, and authorities for which appropriations are proposed in the budget (other than new functions, activities, and authorities proposed in the budget);
"(14) a detailed explanation of increases or decreases in amounts proposed for appropriation or expenditure for functions, activities, or authorities in comparison with amounts appropriated for or expended during the last completed fiscal year and amounts appropriated for and expected to be expended during the fiscal year in progress; and
"(15) with respect to each function, activity, or authority, a detailed explanation of the reasons for proposing appropriations in amounts less than the amounts authorized to be appropriated."
Sec. 612. Whenever any executive agency undertakes an evaluation of any program or activity administered or carried on by it, the head of such agency, shall, upon conclusion of such evaluation, transmit a copy thereof to the Office of Budget Analysis and Program Evaluation established by section 601 of this Act.
PART B-DEPARTMENTAL BUDGET PROCESS SEC, 621. Title II of the Budget and Accounting Procedures Act of 1950 is amended by adding at the end thereof the following new sections :
"PARTICIPATION BY STATE AND LOCAL OFFICIALS "SEC. 204. (a) The head of each executive agency shall at least six months prior to submission of the budget requests for such agency to the Office of Management and Budget for a fiscal year, give notice to the Governors of the various States and to the chief executive officers of their political subdivisions that such agency is formulating its budget requests for such fiscal year. Such notice may be given by publication or by such other means as the head of the agency considers appropriate.
"(b) After notice has been given under subsection (a) and upon request of the Governor of a State or the chief executive officer of a political subdivision, the head of an executive agency shall
“(1) inform the Governor or chief executive of the proposed budget requests (as then formulated and they may be revised from time to time) which would affect such State or such political subdivision, as the case may be ; and
“(2) provide an opportunity for such Governor or chief executive officer to submit comments and suggestions, written or oral, or both, with respect to such budget requests (as then formulated or as they may be revised from time to time). Insofar as possible, meetings held between Governors or chief executive officers and budget officers of an executive agency shall be held at locations convenient to the Governors and chief executive officers.
"PUBLIC HEARINGS ON BUDGET REQUESTS "SEC. 205. The head of each executive agency shall, at least two months prior to the submission of the budget requests of such agency to the Office of Management and Budget for a fiscal year, give public notice of the budget requests which such agency intends to submit and conduct hearings thereon. At such hearings. all interested parties, including representatives of the general public, shall be given an opportunity to submit comments and suggestions, either written or oral, or both. Insofar as possible, such hearings shall be held at locations throughout the United States so as to provide an opportunity for the citizens of the United States to participate therein.