[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
[117th Congress]
[House Document 116-177]
[Miscellaneous Provisions Of Congressional Budget Laws]
[Pages 1075-1161]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 1075]]
CONGRESSIONAL BUDGET ACT
Sec. 1127
excerpts relating to legislative procedure from the congressional budget
__________
act of 1974 (2 u.s.c. 601 et seq.)
declaration of purposes
Sec. 2. The Congress declares that it is essential--
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Sec. 1127. |
(1) to assure effective congressional
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control over the budgetary process;
(2) to provide for the congressional determination each year
of the appropriate level of Federal revenues and expenditures;
(3) to provide a system of impoundment control;
(4) to establish national budget priorities; and
(5) to provide for the furnishing of information by the
executive branch in a manner that will assist the Congress in
discharging its duties.
definitions
Sec. 3. In General.--For purposes of this Act--
(1) The terms ``budget outlays'' and ``outlays'' mean, with respect to
any fiscal year, expenditures and net lending of funds under budget
authority during such year.
(2) Budget authority and new budget authority.--
(A) In general.--The term ``budget authority'' means the
authority provided by Federal law to incur financial
obligations, as follows:
(i) provisions of law that make funds available for
obligation and expenditure (other than borrowing
authority), including the authority to obligate and
expend the proceeds of offsetting receipts and
collections;
(ii) borrowing authority, which means authority
granted to a Federal entity to borrow and obligate and
expend the borrowed funds, including through the
[[Page 1076]]
issuance of promissory notes or other monetary credits;
(iii) contract authority, which means the making of
funds available for obligation but not for expenditure;
and
(iv) offsetting receipts and collections as negative
budget authority, and the reduction thereof as positive
budget authority.
(B) Limitations on budget authority.--With respect to the
Federal Hospital Insurance Trust Fund, the Supplementary Medical
Insurance Trust Fund, the Unemployment Trust Fund, and the
railroad retirement account, any amount that is precluded from
obligation in a fiscal year by a provision of law (such as a
limitation or a benefit formula) shall not be budget authority
in that year.
(C) New budget authority.--The term ``new budget authority''
means, with respect to a fiscal year--
(i) budget authority that first becomes available for
obligation in that year, including budget authority that
becomes available in that year as a result of a
reappropriation; or
(ii) a change in any account in the availability of
unobligated balances of budget authority carried over
from a prior year, resulting from a provision of law
first effective in that year;
and includes a change in the estimated level of new budget
authority provided in indefinite amounts by existing law.
(3) The term ``tax expenditures'' means those revenue losses
attributable to provisions of the Federal tax laws which allow a special
exclusion, exemption, or deduction from gross income or which provide a
special credit, a preferential rate of tax, or a deferral of tax
liability, and the term ``tax expenditures budget'' means an enumeration
of such tax expenditures.
(4) The term ``concurrent resolution on the budget'' means--
(A) a concurrent resolution setting forth the congressional
budget for the United States Government for a fiscal year as
provided in section 301; and
(B) any other concurrent resolution revising the congressional
budget for the United States Government for a fiscal year as
described in section 304.
[[Page 1077]]
(5) The term ``appropriation Act'' means an Act referred to in section
105 of title 1, United States Code.
(6) The term ``deficit'' means, with respect to a fiscal year, the
amount by which outlays exceeds receipts during that year.
(7) The term ``surplus'' means, with respect to a fiscal year, the
amount by which receipts exceeds outlays during that year.
(8) The term ``government-sponsored enterprise'' means a corporate
entity created by a law of the United States that--
(A)(i) has a Federal charter authorized by law;
(ii) is privately owned, as evidenced by capital stock owned
by private entities or individuals;
(iii) is under the direction of a board of directors, a
majority of which is elected by private owners;
(iv) is a financial institution with power to--
(I) make loans or loan guarantees for limited purposes
such as to provide credit for specific borrowers or one
sector; and
(II) raise funds by borrowing (which does not carry
the full faith and credit of the Federal Government) or
to guarantee the debt of others in unlimited amounts;
and
(B)(i) does not exercise powers that are reserved to the
Government as sovereign (such as the power to tax or to regulate
interstate commerce);
(ii) does not have the power to commit the Government
financially (but it may be a recipient of a loan guarantee
commitment made by the Government); and
(iii) has employees whose salaries and expenses are paid by
the enterprise and are not Federal employees subject to title 5
of the United States Code.
(9) The term ``entitlement authority'' means--
(A) the authority to make payments (including loans and
grants), the budget authority for which is not provided for in
advance by appropriation Acts, to any person or government if,
under the provisions of the law containing that authority, the
United States is obligated to make such payments to persons or
governments who meet the requirements established by that law;
and
(B) the food stamp program.
[[Page 1078]]
(10) The term ``credit authority'' means authority to incur direct
loan obligations or to incur primary loan guarantee commitments.
(11) The terms ``emergency'' and ``unanticipated'' have the meanings
given to such terms in section 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) modified
paragraphs (2) and (6) of this section and added paragraphs (7) and (8).
Two separate sections of the 1990 Act amended paragraph (2): section
13201 added a new sentence at the end of the paragraph; section 13211
rewrote the paragraph entirely, effective for fiscal years after 1991.
The text depicted here attempts to harmonize the two; but see 2 U.S.C.
622(2). The Balanced Budget and Emergency Deficit Control Act of 1985
(tit. II of P.L. 99-177) added paragraphs (9) and (10). The Budget
Enforcement Act of 1997 (sec. 10101 of P.L. 105-33) amended the
definition of ``entitlement authority'' in paragraph (9) in conjunction
with amendments to section 401. The Budget Control Act of 2011 (sec. 105
of P.L. 112-25) added paragraph (11).
Amounts of liquidating cash provided in the annual bill making
appropriations for the Department of Transportation are not new budget
authority within the meaning of this section, but are merely funds to
liquidate contractual obligations previously incurred pursuant to new
discretionary contract authority previously reported from and scored
against allocations to the Committee on Public Works and Transportation
(now Transportation and Infrastructure) as the authority to enter into
obligations that will result in immediate or future outlays (July 30,
1986, p. 18154).
* * * * *
TITLE III--CONGRESSIONAL BUDGET PROCESS
timetable
Sec. 300. The timetable with respect to the congressional budget
process for any fiscal year is as follows:
First Monday in February...................... President submits his
On or before: Action to be completed:
budget.
February 15................................... Congressional Budget
Office submits report
to Budget Committees.
Not later than 6 weeks after President submits Committees submit views
budget. and estimates to Budget
Committees.
April 1....................................... Senate Budget Committee
reports concurrent
resolution on the
budget.
April 15...................................... Congress completes
action on concurrent
resolution on the
[[Page 1079]]
May 15........................................ Annual appropriation
budget.
bills may be considered
in the House.
June 10....................................... House Appropriations
Committee reports last
annual appropriation
bill.
June 15....................................... Congress completes
action on
reconciliation
legislation.
June 30....................................... House completes action
on annual appropriation
bills.
October 1..................................... Fiscal year begins.
The date for committees' submissions of views and estimates was
amended by the Budget Enforcement Act of 1997 (sec. 10104, P.L. 105-33).
annual adoption of concurrent resolution on the budget
Sec. 301. (a) Content of Concurrent Resolution on the Budget.--On or
before April 15 of each year, the Congress shall complete action on a
concurrent resolution on the budget for the fiscal year beginning on
October 1 of such year. The concurrent resolution shall set forth
appropriate levels for the fiscal year beginning on October 1 of such
year and for at least each of the 4 ensuing fiscal years for the
following--
(1) totals of new budget authority and outlays;
(2) total Federal revenues and the amount, if any, by which
the aggregate level of Federal revenues should be increased or
decreased by bills and resolutions to be reported by the
appropriate committees;
(3) the surplus or deficit in the budget;
(4) new budget authority and outlays for each major functional
category, based on allocations of the total levels set forth
pursuant to paragraph (1);
(5) the public debt;
(6) for purposes of Senate enforcement under this title,
outlays of the old-age, survivors, and disability insurance
program established under title II of the Social Security Act
for the fiscal year of the resolution and for each of the 4
succeeding fiscal years; and
(7) for purposes of Senate enforcement under this title,
revenues of the old-age, survivors, and disability insurance
program established under title II of the Social Security Act
(and the related provisions of the Internal Revenue Code of
[[Page 1080]]
1986) for the fiscal year of
the resolution and for each of the 4 succeeding fiscal years.
The concurrent resolution shall not include the outlays and revenue
totals of the old-age, survivors, and disability insurance program
established under title II of the Social Security Act or the related
provisions of the Internal Revenue Code of 1986 in the surplus or
deficit totals required by this subsection or in any other surplus or
deficit totals required by this title.
(b) Additional Matters in Concurrent Resolution.--The concurrent
resolution on the budget may--
(1) set forth, if required by subsection (f), the calendar
year in which, in the opinion of the Congress, the goals for
reducing unemployment set forth in section 4(b) of the
Employment Act of 1946 should be achieved;
(2) include reconciliation directives described in section
310;
(3) require a procedure under which all or certain bills or
resolutions providing new budget authority or new entitlement
authority for such fiscal year shall not be enrolled until the
Congress has completed action on any reconciliation bill or
reconciliation resolution or both required by such concurrent
resolution to be reported in accordance with section 310(b);
(4) set forth such other matters, and require such other
procedures, relating to the budget, as may be appropriate to
carry out the purposes of this Act;
(5) include a heading entitled ``Debt Increase as Measure of
Deficit'' in which the concurrent resolution shall set forth the
amounts by which the debt subject to limit (in section 3101 of
title 31 of the United States Code) has increased or would
increase in each of the relevant fiscal years;
(6) include a heading entitled ``Display of Federal Retirement
Trust Fund Balances'' in which the concurrent resolution shall
set forth the balances of the Federal retirement trust funds;
(7) set forth procedures in the Senate whereby committee
allocations, aggregates, and other levels can be revised for
legislation if that legislation would not increase the deficit,
or would not increase the deficit when taken with other
legislation enacted after the adoption of the resolution, for
the first fiscal year or the total period of fiscal years
[[Page 1081]]
covered by the resolution;
(8) set forth procedures to effectuate pay-as-you-go in the
House of Representatives; and
(9) set forth direct loan obligation and primary loan
guarantee commitment levels.
The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) added
paragraphs (6) and (7) and a new last sentence to subsection (a), added
paragraphs (5)-(8) to subsection (b), and added former section 606
(repealed by the Budget Enforcement Act of 1997 (sec. 10118, P.L. 105-
33)), requiring that a concurrent resolution on the budget set forth
appropriate levels for five fiscal years for the matters described in
subsection (a). Title III had previously been comprehensively amended by
the Balanced Budget and Emergency Deficit Control Act of 1985 (tit. II,
P.L. 99-177). Sections 301(a) and 301(b) were amended by the Budget
Enforcement Act of 1997 (sec. 10105, P.L. 105-33) to extend the
requirement that the term of budget resolutions be at least five years
and to eliminate the requirement that budget resolutions contain direct
loan and loan guarantee levels. In the 113th and 114th Congresses, the
House prohibited consideration of a budget resolution not containing
specified information on certain direct spending programs (sec. 3(e), H.
Res. 5, Jan. 3, 2013, p. 27; sec. 3(h), H. Res. 5, Jan. 6, 2015, p. 22).
[[Page 1082]]
primary or secondary loan guarantee commitments for the ensuing fiscal
year upon adoption of the second concurrent resolution on the budget for
that year (similar to the section 311 ceiling for direct budget
authority). Also included was a prohibition against consideration in
either House of measures providing new budget or entitlement authority
until the reporting committee filed a report in the House concerning its
section 302(b) allocation (now section 302(c)) and a direction that if a
second concurrent resolution on the budget for fiscal year 1983 was not
finally adopted by October 1, then the aggregate amounts in that first
concurrent resolution would become the spending ceilings and revenue
floor for the purposes of section 311 (S. Con. Res. 92, 97th Cong.). The
first concurrent resolution on the budget for fiscal year 1984 likewise
contained the latter provision, but also provided that a point of order
under section 311 of the Budget Act would not apply if spending
contained in a bill remained within the reporting committee's
discretionary allocation under section 302 (section 311(b) contains a
similar exception). The 1984 resolution also contained a new provision
reserving specific amounts of budget authority and outlays for
subsequent allocation to committees by the Committee on the Budget (H.
Con. Res. 91, 98th Cong.; see also Mar. 6, 1984, p. 4621, for a
statement by Speaker O'Neill describing the operation and effect of the
latter provision). The first concurrent resolution on the budget for
fiscal year 1985 included a similar provision that it be treated as the
second budget resolution for that year on October 1, 1984, for the
purposes of the section 311 spending ceilings and revenue levels, but
that a point of order not apply where the committee in question had not
exceeded its section 302(a) allocations. The resolution also provided
that legislation providing budget authority, entitlement authority, or
credit authority not be considered until the reporting committee filed
the requisite report concerning its section 302(b) allocations (H. Con.
Res. 280, 98th Cong.).
The prescribed content of a concurrent resolution on the budget under
the prior version of section 301 evolved over time. Pursuant to the
authority to include other ``appropriate procedures'' under then section
301(b)(2) of the Budget Act, the first concurrent resolution on the
budget for fiscal year 1981 (which also contained the third concurrent
resolution on the budget for fiscal year 1980, budget targets for fiscal
years 1981 and 1983, and other related matters) contained new provisions
directing House and Senate committees to report to their respective
Committees on the Budget reconciliation legislation reducing spending
for fiscal year 1981 (H. Con. Res. 307, 96th Cong.). The first
concurrent resolution on the budget for fiscal year 1982, in addition to
other new ``appropriate procedures,'' included in its reconciliation
instructions directions to several House and Senate committees to report
reductions in both entitlement spending authority and discretionary
authorization programs sufficient to reduce budget authority and outlays
separately for each of three fiscal years, and included a ``deferred
enrollment'' procedure relating to bills containing new budget authority
and entitlement spending authority in excess of allocations to
committees (H. Con. Res. 115, 97th Cong.). The first concurrent
resolution on the budget for fiscal year 1983, in addition to other new
``appropriate procedures,'' included a binding Federal credit budget for
two fiscal years, containing not only aggregate and functional category
targets for new direct loan obligations and new primary and secondary
loan guarantee commitments, but also (1) prohibiting consideration of
bills authorizing new loan obligations or new loan guarantee commitments
not subject to the appropriations process with certain exceptions (now
section 402(a)), and (2) establishing a ceiling on total new direct loan
obligations and new
In 1986, the first concurrent resolution on the budget since the
enactment of the Balanced Budget and Emergency Deficit Control Act of
1985 (P.L. 99-177), the recommended deficit level for fiscal year 1987
was below the maximum deficit amount as then specified, thus permitting
consideration of the conference reported amendment in disagreement
pursuant to then section 301(i) without a waiver by three-fifths vote in
either House (June 26, 1986, p. 15740). That concurrent resolution also
contained a ``contingency fund'' for deficit reduction and unmet
critical needs, additional general revenue-sharing funding beyond levels
contained therein if deficits were not increased and authorization
enacted, and a provision authorizing a report to be filed by the chair
of the House Committee on the Budget by a date certain to be printed and
to constitute allocations of new budget authority and outlays required
by section 302(a) (where the conferees did not have time to prepare
allocations prior to filing of the conference report).
[[Page 1083]]
year. It also contained a provision encouraging sales of Government
assets to non-Government buyers but providing that amounts realized not
be treated as revenues, receipts, or negative outlays for purposes of
specified budget enforcement and scorekeeping procedures (H. Con. Res.
93, 100th Cong.). The concurrent resolutions on the budget for fiscal
years 1989-1991 and for fiscal years 1990-1992, respectively, each
contained a section stating that, for purposes of allocations and points
of order under section 302, amounts realized from asset sales and
prepayments of loans would not be allocated or scored as affecting
budget authority or outlays (H. Con. Res. 268, 100th Cong.; H. Con. Res.
106, 101st Cong.). The concurrent resolution on the budget for fiscal
years 1989-1991 also contained a section providing for a subsequent
allocation of budget authority and outlays for fiscal year 1989 upon the
reporting by appropriate committees of an anti-drug initiative (H. Con.
Res. 268, 101st Cong.). The concurrent resolution on the budget for
fiscal years 1995-1999 included provisions (1) adjusting allocations of
budget authority, new entitlement authority, and outlays and adjusting
total levels of budget authority, outlays, and revenues for health care
reform in the House (within a maximum aggregate deficit for fiscal years
1995-1999), and (2) adjusting committee allocations, budget aggregates,
and the maximum deficit amount contingent on certain IRS compliance
initiatives (H. Con. Res. 218, 103d Cong.). The concurrent resolution on
the budget for fiscal years 1996-2002 established a budget surplus
allowance contemplating tax reductions only as part of a legislative
package producing a balanced budget by fiscal year 2002; corrected a
disparity that had arisen under the Federal Credit Reform Act of 1990
for the scoring of student loans; and established a process for
certifying a balanced budget before the House could consider a
reconciliation bill reducing taxes (H. Con. Res. 67, 104th Cong.).
The concurrent resolution on the budget for fiscal years 1988-1990
contained a provision permitting the first concurrent resolution to
``become'' a second binding concurrent resolution only at the beginning
of the fiscal
Concurrent resolutions on the budget have included reconciliation
instructions that contemplated reductions in revenues (e.g., H. Con.
Res. 95, 109th Cong.), including one that contemplated two bills
reducing revenues (H. Con. Res. 178, 104th Cong.).
The concurrent resolutions on the budget for fiscal years 2000 and
2001 included a point of order against consideration in the House or
Senate of a concurrent resolution on the budget for the next fiscal
year, or any amendment thereto or conference report thereon, that sets
forth a deficit for any fiscal year (as determined by the Committee on
the Budget) (sec. 201, H. Con. Res. 68, 106th Cong.; sec. 201, H. Con.
Res. 290, 106th Cong.).
[[Page 1084]]
The concurrent resolution on the budget for fiscal year 2001 also
included points of order against consideration in the House of a
reported bill or joint resolution, or any amendment thereto or
conference report thereon: (1) that would cause a surplus for fiscal
year 2001 to be less than the level established in the resolution; and
(2) that, until January 1, 2001, contained a directed scorekeeping
provision (secs. 202, 203, H. Con. Res. 290, 106th Cong.).
Budget resolutions have established a point of order against a measure
that would cause the total level of discretionary advance appropriations
to exceed a set amount (secs. 202, 203, H. Con. Res. 290, 106th Cong.;
sec. 201, H. Con. Res. 83, 107th Cong.; sec. 301, H. Con. Res. 353,
107th Cong., deemed in place by H. Res. 428, 107th Cong., May 22, 2002,
pp. 8675, 8676, and by sec. 3(a)(4), H. Res. 5, 108th Cong., Jan. 7,
2003, p. 10; sec. 501, H. Con. Res. 95, 108th Cong.; sec. 401, S. Con.
Res. 95, 108th Cong., May 19, 2004, deemed in place by H. Res. 649,
108th Cong., May 19, 2004, p. 10105, and by sec. 3(a)(4), H. Res. 5,
109th Cong., Jan. 4, 2005, p. 44; sec. 401, H. Con. Res. 95, 109th
Cong.; sec. 206, S. Con. Res. 21, 110th Cong.; sec. 302, S. Con. Res.
70, 110th Cong.; sec. 424, S. Con. Res. 13, 111th Cong. (carried forward
by H. Res. 1493, 111th Cong.); sec. 402, H. Con. Res. 34, 112th Cong.,
deemed in place by H. Res. 287, 112th Cong., June 1, 2011; sec. 501, H.
Con. Res. 112, 112th Cong., deemed in place by H. Res. 614, 112th Cong.,
Apr. 17, 2012; sec. 601, H. Con. Res. 25, 113th Cong., deemed in place
by H. Res. 243, 113th Cong., June 4, 2013; sec. 3304, S. Con. Res. 11,
114th Cong.; sec. 5104, H. Con. Res. 71, 115th Cong.; sec. 4006, S. Con.
Res. 5, 117th Cong.). Such point of order has also been established for
a Congress in the absence of a budget resolution (sec. 3(e), H. Res. 5,
Jan. 5, 2011, p. 809; sec. 3(g), H. Res. 5, Jan. 3, 2017, p. _; sec.
103(c), H. Res. 6, Jan. 3, 2019, p. _; sec. 2, H. Res. 293, Apr. 9,
2019, p. _) and by law (sec. 203, P.L. 116-37).
[[Page 1085]]
Budget resolutions have provided that new budget authority, new
entitlement authority, outlays, and receipts designated as an emergency
in bills, joint resolutions, amendments, or conference reports are not
cognizable under specified sections of titles III and IV of the Budget
Act. The budget resolutions also have required to be included in a
committee report, joint statement of managers, or the Congressional
Record an explanation of how an emergency item meets certain criteria
(sec. 502, H. Con. Res. 95, 108th Cong.; sec. 402, S. Con. Res. 95,
108th Cong., May 19, 2004, deemed in place by H. Res. 649, 108th Cong.,
May 19, 2004, p. 10105, and by sec. 3(a)(4), H. Res. 5, 109th Cong.,
Jan. 4, 2005, p. 44; sec. 402, H. Con. Res. 95, 109th Cong.; sec. 204,
S. Con. Res. 21, 110th Cong.; sec. 301, S. Con. Res. 70, 110th Cong.).
The concurrent resolution on the budget for fiscal year 2005 also
provided that new budget authority, new entitlement authority, and
outlays contained in a supplemental appropriation bill for fiscal year
2005 for overseas contingency operations related to the war on terrorism
were not cognizable under sections 302, 303 and 401 of the Budget Act
(sec. 403, S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in place
by H. Res. 649, 108th Cong., May 19, 2004, p. 10105, and by sec.
3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. 44). Budget
resolutions have also provided that new budget authority, outlays, or
receipts resulting from appropriations for overseas deployments and
related activities are not cognizable under titles III and IV of the
Budget Act (sec. 207, S. Con. Res. 21, 110th Cong.; sec. 301, S. Con.
Res. 70, 110th Cong.).
The concurrent resolution on the budget for fiscal year 2006 included
a provision permitting the chair of the Committee on the Budget to make
adjustments to levels and allocations to conform to changes in concepts
or definitions and a provision providing for a section 302(b)
suballocation to the full Appropriations Committee for appropriations
for the Legislative Branch (secs. 406, 410, H. Con. Res. 95, 109th
Cong.).
[[Page 1086]]
rent resolution on the budget for fiscal year 2021) (sec. 3(p), H. Res.
8, Jan. 4, 2021, p. _).
The House has adopted resolutions to deem budget resolutions, portions
thereof, or other budgetary parameters to be in place for temporary
enforcement (H. Res. 231, July 24, 1985, p. 20181; H. Res. 413, June 19,
1990, p. 14612; H. Res. 477, June 19, 1998, p. 12991; H. Res. 428, May
22, 2002, pp. 8675, 8676; sec. 3(a)(4), H. Res. 5, Jan. 7, 2003, p. 10;
H. Res. 649, May 19, 2004, p. 10105; sec. 3(a)(4), H. Res. 5, Jan. 4,
2005, p. 44; sec. 2(a), H. Res. 818, May 18, 2006, p. 8651; sec.
511(a)(4), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007); H.
Res. 1493, July 1, 2010, p. 12572; H. Res. 287, June 1, 2011, pp. 8438,
8439; H. Res. 614, Apr. 17, 2012, p. 4937 (amended by H. Res. 643, May
8, 2012, p. 6152); sec. 3(c), H. Res. 5, Jan. 3, 2013, p. 27; H. Res.
243, June 4, 2013, p. 7917; H. Res. 557, Apr. 30, 2014, p. 6551; sec.
3(e)(1), H. Res. 5, Jan. 6, 2015, p. 35; H. Res. 223, Apr. 29, 2015, pp.
5762, 5763; sec. 103(m), H. Res. 6, Jan. 3, 2019, p. _; H. Res. 293,
Apr. 9, 2019, p. _; sec. 3(p), H. Res. 8, Jan. 4, 2021, p. _). The House
has also directed the chair of the Committee on the Budget to publish in
the Congressional Record budget aggregates and allocations and provided
that such figures be treated as completion of a budget resolution (sec.
2(a), H. Res. 5, Jan. 6, 1999, p. 47; sec. 3(b), H. Res. 5, Jan. 5,
2011, p. 80; H. Res. 293, Apr. 9, 2019, p. _) and in one case further
specified the level of an allocation to be so published by reference to
a given fiscal year (H. Res. 38, Jan. 25, 2011, p. 627). For fiscal year
2014, the Bipartisan Budget Act of 2013 (div. A, P.L. 113-67) provided
by statute for such a publication and required that certain levels be
set by reference to statutory discretionary spending caps or to a
published baseline (sec. 111), and in the next Congress the levels in
that publication (as subsequently adjusted) were deemed to be in force
for the first session (sec. 3(e)(1), H. Res. 5, Jan. 6, 2015, p. 35).
That act had a similar provision for fiscal year 2015 (sec. 115), but
contingent on Congress not adopting a budget resolution for that fiscal
year. For fiscal year 2019, the Bipartisan Budget Act of 2018 (P.L. 115-
123) similarly provided by statute for such a publication with the same
requirements by reference to discretionary spending caps, and in the
116th Congress, the levels in that publication (and subsequently
adjusted) were deemed to be in force for the first session (sec. 103(m),
H. Res. 6, Jan. 3, 2019, p. _). For fiscal years 2020 and 2021, the
Bipartisan Budget Act of 2019 (P.L. 116-37) provided by statute for such
a publication with the same requirements by reference to discretionary
spending caps for two consecutive fiscal years, and in the 117th
Congress, the levels in that publication (and subsequently adjusted)
were deemed to be in force for the first session (pending the adoption
of a concur
(c) Consideration of Procedures or Matters Which Have the Effect of
Changing any Rule of the House of Representatives.--If the Committee on
the Budget of the House of Representatives reports any concurrent
resolution on the budget which includes any procedure or matter which
has the effect of changing any rule of the House of Representatives,
such concurrent resolution shall then be referred to the Committee on
Rules with instructions to report it within five calendar days (not
counting any day on which the House is not in session). The Committee on
Rules shall have jurisdiction to report any concurrent resolution
referred to it under this paragraph with an amendment or amendments
changing or striking out any such procedure or matter.
[[Page 1087]]
mitted by the executive branch likely to have such a budgetary or
financial impact, shall include its views and estimates on that proposal
to the Committee on the Budget of the applicable House.
(d) Views and Estimates of Other Committees.--Within 6 weeks after the
President submits a budget under section 1105(a) of title 31, United
States Code, or at such time as may be requested by the Committee on the
Budget, each committee of the House of Representatives having
legislative jurisdiction shall submit to the Committee on the Budget of
the House and each committee of the Senate having legislative
jurisdiction shall submit to the Committee on the Budget of the Senate
its views and estimates (as determined by the committee making such
submission) with respect to all matters set forth in subsections (a) and
(b) which relate to matters within the jurisdiction or functions of such
committee. The Joint Economic Committee shall submit to the Committees
on the Budget of both Houses its recommendations as to the fiscal policy
appropriate to the goals of the Employment Act of 1946. Any other
committee of the House of Representatives or the Senate may submit to
the Committee on the Budget of its House, and any joint committee of the
Congress may submit to the Committees on the Budget of both Houses, its
views and estimates with respect to all matters set forth in subsections
(a) and (b) which relate to matters within its jurisdiction or
functions. Any Committee of the House of Representatives or the Senate
that anticipates that the committee will consider any proposed
legislation establishing, amending, or reauthorizing any Federal program
likely to have a significant budgetary impact on any State, local, or
tribal government, or likely to have a significant financial impact on
the private sector, including any legislative proposal sub
Section 301(d) was amended by the Budget Enforcement Act of 1997 (sec.
10105, P.L. 105-33) to permit the Committees on the Budget to set an
alternate deadline for submission of committee views and estimates.
(e) Hearings and Report.--
(1) In general.--In developing the concurrent resolution on
the budget referred to in subsection (a) for each fiscal year,
the Committee on the Budget of each House shall hold hearings
and shall receive testimony from Members of Congress and such
appropriate representatives of Federal departments and agencies,
the general public, and national organizations as the committee
deems desirable. Each of the recommendations as to short-term
and medium-term goals set forth in the report submitted by the
members of the Joint Economic Committee under subsection (d) may
be considered by the Committee on the Budget of each House as
part of its consideration of such concurrent resolution, and its
report may reflect its views thereon, including its views on how
the estimates of revenues and levels of budget authority and
outlays set forth in such concurrent resolution are designed to
achieve any goals it is recommending.
(2) Required contents of report.--The report accompanying the
resolution shall include--
(A) a comparison of the levels of total new budget
authority, total outlays, total revenues, and the
surplus or deficit for each fiscal year set forth in the
resolution with those requested in the budget submitted
by the President;
(B) with respect to each major functional category, an
estimate of total new budget authority and total
outlays, with the estimates divided between
discretionary and mandatory amounts;
(C) the economic assumptions that underlie each of the
matters set forth in the resolution and any alternative
economic assumptions and objectives the committee
considered;
(D) information, data, and comparisons indicating the
manner in which, and the basis on which, the committee
determined each of the matters set forth in the
[[Page 1088]]
resolution;
(E) the estimated levels of tax expenditures (the tax
expenditures budget) by major items and functional
categories for the President's budget and in the
resolution; and
(F) allocations described in section 302(a).
(3) Additional contents of report.--The report accompanying
the resolution may include--
(A) a statement of any significant changes in the
proposed levels of Federal assistance to State and local
governments;
(B) an allocation of the level of Federal revenues
recommended in the resolution among the major sources of
such revenues;
(C) information, data, and comparisons on the share of
total Federal budget outlays and of gross domestic
product devoted to investment in the budget submitted by
the President and in the resolution;
(D) the assumed levels of budget authority and outlays
for public buildings, with a division between amounts
for construction and repair and for rental payments; and
(E) other matters, relating to the budget and to
fiscal policy, that the committee deems appropriate.
The contents required of a report accompanying a budget resolution
were modified by the Budget Enforcement Act of 1997 (sec. 10105, P.L.
105-33).
(f) Achievement of Goals for Reducing Unemployment.--
(1) If, pursuant to section 4(c) of the Employment Act of
1946, the President recommends in the Economic Report that the
goals for reducing unemployment set forth in section 4(b) of
such Act be achieved in a year after the close of the five-year
period prescribed by such subsection, the concurrent resolution
on the budget for the fiscal year beginning after the date on
which such Economic Report is received by the Congress may set
forth the year in which, in the opinion of the Congress, such
goals can be achieved.
(2) After the Congress has expressed its opinion pursuant to
paragraph (1) as to the year in which the goals for reducing
unemployment set forth in section 4(b) of the Employment Act of
1946 can be achieved, if, pursuant to section 4(e) of such Act,
[[Page 1089]]
the President
recommends in the Economic Report that such goals be achieved in
a year which is different from the year in which the Congress
has expressed its opinion that such goals should be achieved,
either in its action pursuant to paragraph (1) or in its most
recent action pursuant to this paragraph, the concurrent
resolution on the budget for the fiscal year beginning after the
date on which such Economic Report is received by the Congress
may set forth the year in which, in the opinion of the Congress,
such goals can be achieved.
(3) It shall be in order to amend the provision of such
resolution setting forth such year only if the amendment thereto
also proposes to alter the estimates, amounts, and levels (as
described in subsection (a)) set forth in such resolution in
germane fashion in order to be consistent with the economic
goals (as described in sections 3(a)(2) and (4)(b) of the
Employment Act of 1946) which such amendment proposes can be
achieved by the year specified in such amendment.
(g) Economic Assumptions.--
(1) It shall not be in order in the Senate to consider any
concurrent resolution on the budget for a fiscal year, or any
amendment thereto, or any conference report thereon, that sets
forth amounts and levels that are determined on the basis of
more than one set of economic and technical assumptions.
(2) The joint explanatory statement accompanying a conference
report on a concurrent resolution on the budget shall set forth
the common economic assumptions upon which such joint statement
and conference report are based, or upon which any amendment
contained in the joint explanatory statement to be proposed by
the conferees in the case of technical disagreement, is based.
(3) Subject to periodic reestimation based on changed economic
conditions or technical estimates, determinations under titles
III and IV of the Congressional Budget Act of 1974 shall be
based upon such common economic and technical assumptions.
[[Page 1090]]
olution on the budget with respect to all matters which relate to the
jurisdiction or functions of such committees.
(h) Budget Committee's Consultation With Committees.--The Committee on
the Budget of the House of Representatives shall consult with the
committees of its House having legislative jurisdiction during the
preparation, consideration, and enforcement of the concurrent res
(i) Social Security Point of Order.--It shall not be in order in the
Senate to consider any concurrent resolution on the budget (or
amendment, motion, or conference report on the resolution) that would
decrease the excess of social security revenues over social security
outlays in any of the fiscal years covered by the concurrent resolution.
No change in chapter 1 of the Internal Revenue Code of 1986 shall be
treated as affecting the amount of social security revenues unless such
provision changes the income tax treatment of social security benefits.
The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
II, P.L. 99-177) modified this portion of section 301 by: (1) inserting
a new subsection on referral of budget resolutions to the Committee on
Rules; (2) amending and redesignating existing subsections (c), (d), and
(e) as (d), (e), and (f), respectively; and (3) adding new subsections
(g) (which was amended by Public Law 100-119) and (h). It also added a
former subsection (i), which precluded consideration of a concurrent
resolution on the budget exceeding the pertinent maximum deficit amount
absent a three-fifths vote. That point of order was amended by Public
Law 100-119 and was eliminated by the Budget Enforcement Act of 1990
(tit. XIII, P.L. 101-508). The Omnibus Trade and Competitiveness Act of
1988 (P.L. 100-418) added paragraph (10) to subsection (e), effective
only for fiscal years 1989 through 1992. Previously, the Full Employment
and Balanced Growth Act of 1978 (P.L. 95-523) amended this section by:
(1) adding a new paragraph (6) to subsection (a) and redesignating the
succeeding paragraph (both of which were later repealed by P.L. 99-177);
(2) adding a new second sentence to subsection (c) (now contained in
subsection (d)); and (3) adding a new subsection (e) (now designated as
(f)), relating to the review of the Economic Report as part of the
congressional budget process, and allowing the inclusion in the budget
resolution of a timetable for achieving unemployment goals under the
Employment Act of 1946. The last sentence of subsection (d) was added by
the Unfunded Mandates Reform Act of 1995 (sec. 102(2), P.L. 104-4; 109
Stat. 62). The Social Security point of order contained in paragraph (i)
was added by the Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-
508) and later expanded by the Budget Enforcement Act of 1997 (sec.
10105, P.L. 105-33).
[[Page 1091]]
The House and Senate completed final action on the first concurrent
resolution on the budget considered under the Congressional Budget Act
by adopting a conference report thereon on May 14, 1975 (p. 14329). That
concurrent resolution contained aggregate figures only for revenues,
budget authority, budget outlays, deficit and public debt, because the
Committee on the Budget had not implemented the functional categories
provisions of the Act for fiscal year 1976.
On May 13, 1976, the House and Senate completed final action on the
first concurrent resolution for fiscal year 1977, the first year of full
implementation of title III of the Congressional Budget Act (p. 13776).
committee allocations
Sec. 302. (a) Committee Spending Allocations.--
(1) Allocation among committees.--The joint explanatory
statement accompanying a conference report on a concurrent
resolution on the budget shall include an allocation, consistent
with the resolution recommended in the conference report, of the
levels for the first fiscal year of the resolution, for at least
each of the ensuing 4 fiscal years, and a total for that period
of fiscal years (except in the case of the Committee on
Appropriations only for the fiscal year of that resolution) of--
(A) total new budget authority; and
(B) total outlays;
among each committee of the House of Representatives or the
Senate that has jurisdiction over legislation providing or
creating such amounts.
(2) No double counting.--In the House of Representatives, any
item allocated to one committee may not be allocated to another
committee.
(3) Further division of amounts.--
(A) In the senate.--In the Senate, the amount
allocated to the Committee on Appropriations shall be
further divided among the categories specified in
section 250(c)(4) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and shall not exceed the
limits for each category set forth in section 251(c) of
that Act.
(B) In the house.--In the House of Representatives,
the amounts allocated to each committee for each fiscal
year, other than the Committee on Appropriations, shall
be further divided between amounts provided or required
by law on the date of filing of that conference report
and amounts not so provided or required. The amounts
allocated to the Committee on Appropriations shall be
further divided--
(i) between discretionary and mandatory amounts
or programs, as appropriate; and
(ii) consistent with the categories specified in
section 250(c)(4) of the Balanced Budget and
[[Page 1092]]
Emergency Deficit Control Act of 1985.
(4) Amounts not allocated.--In the House of Representatives or
the Senate, if a committee receives no allocation of new budget
authority or outlays, that committee shall be deemed to have
received an allocation equal to zero for new budget authority or
outlays.
(5) Adjusting allocation of discretionary spending in the
house of representatives.--(A) If a concurrent resolution on the
budget is not adopted by April 15, the chairman of the Committee
on the Budget of the House of Representatives shall submit to
the House, as soon as practicable, an allocation under paragraph
(1) to the Committee on Appropriations consistent with the
discretionary spending levels in the most recently agreed to
concurrent resolution on the budget for the appropriate fiscal
year covered by that resolution.
(B) As soon as practicable after an allocation under paragraph
(1) is submitted under this section, the Committee on
Appropriations shall make suballocations and report those
suballocations to the House of Representatives.
(b) Suballocations by Appropriations Committees.--As soon as
practicable after a concurrent resolution on the budget is agreed to,
the Committee on Appropriations of each House (after consulting with the
Committee on Appropriations of the other House) shall suballocate each
amount allocated to it for the budget year under subsection (a) among
its subcommittees. Each Committee on Appropriations shall promptly
report to its House suballocations made or revised under this
subsection. The Committee on Appropriations of the House of
Representatives shall further divide among its subcommittees the
divisions made under subsection (a)(3)(B) and promptly report those
divisions to the House.
(c) Point of Order.--After the Committee on Appropriations has
received an allocation pursuant to subsection (a) for a fiscal year, it
shall not be in order in the House of Representatives or the Senate to
consider any bill, joint resolution, amendment, motion, or conference
report within the jurisdiction of that committee providing new budget
authority for that fiscal year, until that committee makes the
suballocations required by subsection (b).
[[Page 1093]]
subdivisions under subsection (b) shall be required only to the extent
necessary to take into account revisions made in the most recently
agreed to concurrent resolution on the budget.
(d) Subsequent Concurrent Resolutions.--In the case of a concurrent
resolution on the budget referred to in section 304, the allocations
under subsection (a) and the
(e) Alteration of Allocations.--At any time after a committee reports
the allocations required to be made under subsection (b), such committee
may report to its House an alteration of such allocations. Any
alteration of such allocations must be consistent with any actions
already taken by its House on legislation within the committee's
jurisdiction.
(f) Legislation Subject to Point of Order.--
(1) In the house of representatives.--After the Congress has
completed action on a concurrent resolution on the budget for a
fiscal year, it shall not be in order in the House of
Representatives to consider any bill, joint resolution, or
amendment providing new budget authority for any fiscal year, or
any conference report on any such bill or joint resolution, if--
(A) the enactment of such bill or resolution as
reported;
(B) the adoption and enactment of such amendment; or
(C) the enactment of such bill or resolution in the
form recommended in such conference report,
would cause the applicable allocation of new budget authority
made under subsection (a) or (b) for the first fiscal year or
the total of fiscal years to be exceeded.
(2) In the senate.--After a concurrent resolution on the
budget is agreed to, it shall not be in order in the Senate to
consider any bill, joint resolution, amendment, motion, or
conference report that would cause--
(A) in the case of any committee except the Committee
on Appropriations, the applicable allocation of new
budget authority or outlays under subsection (a) for the
first fiscal year or the total of fiscal years to be
exceeded; or
(B) in the case of the Committee on Appropriations,
the applicable suballocation of new budget authority or
outlays under subsection (b) to be exceeded.
(g) Pay-as-You-Go Exception in the House.--
(1) In general.--(A) Subsection (f)(1) and, after April 15,
[[Page 1094]]
section 303(a) shall not apply to any bill or
joint resolution, as reported, amendment thereto, or conference
report thereon if, for each fiscal year covered by the most
recently agreed to concurrent resolution on the budget--
(i) the enactment of that bill or resolution as
reported;
(ii) the adoption and enactment of that amendment; or
(iii) the enactment of that bill or resolution in the
form recommended in that conference report,
would not increase the deficit, and, if the sum of any revenue
increases provided in legislation already enacted during the
current session (when added to revenue increases, if any, in
excess of any outlay increase provided by the legislation
proposed for consideration) is at least as great as the sum of
the amount, if any, by which the aggregate level of Federal
revenues should be increased as set forth in that concurrent
resolution and the amount, if any, by which revenues are to be
increased pursuant to pay-as-you-go procedures under section
301(b)(8), if included in that concurrent resolution.
(B) Section 311(a), as that section applies to revenues, shall
not apply to any bill, joint resolution, amendment thereto, or
conference report thereon if, for each fiscal year covered by
the most recently agreed to concurrent resolution on the
budget--
(i) the enactment of that bill or resolution as
reported;
(ii) the adoption and enactment of that amendment; or
(iii) the enactment of that bill or resolution in the
form recommended in that conference report,
would not increase the deficit, and, if the sum of any outlay
reductions provided in legislation already enacted during the
current session (when added to outlay reductions, if any, in
excess of any revenue reduction provided by the legislation
proposed for consideration) is at least as great as the sum of
the amount, if any, by which the aggregate level of Federal
outlays should be reduced as required by that concurrent
resolution and the amount, if any, by which outlays are to be
reduced pursuant to pay-as-you-go procedures under section
[[Page 1095]]
301(b)(8), if included in that concurrent resolution.
(2) Revised allocations.--(A) As soon as practicable after
Congress agrees to a bill or joint resolution that would have
been subject to a point of order under subsection (f)(1) but for
the exception provided in paragraph (1)(A) or would have been
subject to a point of order under section 311(a) but for the
exception provided in paragraph (1)(B), the chairman of the
Committee on the Budget of the House of Representatives shall
file with the House appropriately revised allocations under
section 302(a) and revised functional levels and budget
aggregates to reflect that bill.
(B) Such revised allocations, functional levels, and budget
aggregates shall be considered for the purposes of this Act as
allocations, functional levels, and budget aggregates contained
in the most recently agreed to concurrent resolution on the
budget.
Section 302 was amended by the Balanced Budget and Emergency Deficit
Control Act of 1985 (tit. II, P.L. 99-177) to: (1) add appropriate
levels of total entitlement authority and total credit authority to the
allocations required by subsection (a), with all levels further divided
into mandatory and discretionary amounts; (2) add new credit authority
to the subdivisions required of the Committees on Appropriations by
subsection (b)(1); (3) redesignate subsection (c) as (d); and (4) add
new subsections (c), (e), (f), and (g). The Budget Enforcement Act of
1990 (tit. XIII, P.L. 101-508) removed credit authority from the purview
of points of order under this section by deleting all references to
credit authority in subsections (a), (b), (c), and (f), effective for
fiscal years beginning after September 30, 1991. That law also amended
subsections (c) and (f) to standardize their application to bills, joint
resolutions, amendments, motions, or conference reports. Section 302 was
further amended by the Budget Enforcement Act of 1997 (sec. 10106, P.L.
105-33) to: (1) permanently extend the requirement that allocations to
the authorizing committees cover at least a five-year period and to
revert the temporary allocations under former section 602 into section
302; (2) permit a further allocation among defense, nondefense, and
violent crime reduction funding; (3) modify the Committee on
Appropriations' default allocation; and (4) clarify that committee's
suballocations to its subcommittees.
[[Page 1096]]
as original text or considered as adopted by special order of the House
(sec. 406, S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in place
by H. Res. 649, 108th Cong., May 19, 2004, p. 10105, and by sec.
3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. 44).
Clause 8 of rule XXI, adopted in the 110th Congress, provides that
points of order under title III of the Budget Act apply to unreported
measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5,
2007)). Previously, a point of order under section 302(f) operated with
respect to a bill or joint resolution in its reported state and thus did
not lie against consideration of an unreported measure (Mar. 21, 1995,
p. 8491). The budget resolution deemed in place for fiscal year 2005
provided that, for purposes of titles II and III of the Budget Act, the
term ``amendment'' or ``amendment thereto'' means an amendment offered
or an amendment made in order
Points of order under section 302(c) apply separately to the
consideration of bills and amendments, and thus a waiver of points of
order against consideration of an appropriation bill before the filing
of a report from the Appropriations Committee allocating new budget
authority among its subcommittees does not extend to an amendment
providing new budget authority in addition to the amounts contained in
the bill (July 13, 1987, p. 19514). Where the House deemed the adoption
of new section 302(a) allocations for the 108th Congress (sec. 3, H.
Res. 5, Jan. 7, 2003, p. 10), the Chair sustained a point of order under
section 302(c) against an amendment providing new budget authority where
the Appropriations Committee had not reported section 302(b)
suballocations (Jan. 8, 2003, p. 225; Jan. 28, 2003, p. 2009 (both
sustained by tabling of appeal)).
By way of example, the Chair has held the following as providing new
budget authority in excess of the relevant allocations under section
302(a), as authoritatively estimated by the Committee on the Budget
pursuant to section 312(a), in violation of section 302(f): (1) a motion
to recommit a bill establishing a Medicare prescription drug benefit
program with instructions to report forthwith an amendment in the nature
of substitute containing a different program (sustained by tabling of
appeal) (June 28, 2000, pp. 12736, 12751); (2) an amendment extending
eligibility for Foster Care Maintenance Payments to a new class (Sept.
14, 2005, pp. 20218-20); (3) an amendment delaying the imposition of a
monetary penalty resulting in a loss of offsetting receipts (July 18,
1991, p. 18860); (4) where a subcommittee of the Committee on
Appropriations had received two separate allocations of budget
authority, an amendment transferring funds from accounts under one
allocation to accounts under the other, thereby exceeding the level of
the latter allocation (July 18, 2012, pp. 11599, 11600).
An amendment that proposes offsetting increases and decreases in new
budget authority is not subject to a point of order under section 302(f)
(May 9, 1995, p. 12175). Amendments to an appropriation bill making a
series of figure changes intended to offset one another and considered
en bloc are subject to points of order under section 302(f) where the
intended reductions in new discretionary budget authority fail to offset
increases in such authority, so that the net effect of the amendments is
to cause the bill to exceed the appropriate allocation of new
discretionary budget authority made pursuant to section 302(b) for the
fiscal year (July 30, 1986, p. 18154).
[[Page 1097]]
Where a Senate amendment proposed to increase certain loan guarantees
that were estimated by the Committee on the Budget to breach the
subcommittee subdivision of new credit authority (as then required by
this section), the Chair sustained a point of order under section 302(f)
against a motion to concur therein (Oct. 20, 1990, p. 31517).
Where a limitation on funds in a general appropriation bill was
estimated under former section 302(g) (current section 312(a)) to
provide negative new budget authority in an amount sufficient to avoid a
breach of the pertinent allocation of such authority, an amendment
striking the limitation from the bill was held to provide new budget
authority causing such a breach, in violation of section 302(f) (June
26, 1991, p. 16474; June 13, 2000, p. 10501). An amendment proposing to
strike from a general appropriation bill a proviso stating that a
specified increment of new discretionary budget authority ostensibly
provided by the bill would ``become available for obligation only upon
the enactment of future appropriations legislation'' was held to cause
the bill to provide additional new discretionary budget authority in
that incremental amount, in breach of the pertinent allocation under
sections 302 and 602, and therefore in violation of section 302(f) (June
26, 1996, p. 15563). An amendment proposing to strike from a general
appropriation bill a rescission scored as negative budget authority was
held to provide new budget authority in excess of the relevant
allocation under section 302(b) (June 20, 2001, pp. 11248, 11249). The
Chair relies on authoritative estimates from the Committee on the Budget
pursuant to section 312(a) to determine whether an amendment to a
general appropriation bill provides new budget authority in excess of
the relevant allocation under section 302(b) in violation of section
302(f) (e.g., June 8, 2000, pp. 9942, 9943; June 12, 2000, pp. 10377,
10378; Apr. 2, 2004, pp. 6355, 6374). Such estimates may be provided by
the chair of the Committee on the Budget pursuant to clause 4 of rule
XXIX.
[[Page 1098]]
p. 10105, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p.
44). Budget resolutions have established reserve funds in the House to
support extra allocations for various propositions covering a broad
range of subjects (e.g., secs. 201-220, S. Con. Res. 70, 110th Cong.).
The House has provided that, for purposes of subsection (f), certain
off-budget discretionary amounts be included in estimates of budget
authority and outlays (sec. 3(f)(2), H. Res. 5, Jan. 5, 2011, p. 80).
The 104th Congress authorized the chair of the Committee on the Budget
to revise existing allocations under this section among committees of
the House to reflect changes in jurisdiction under clause 1 of rule X
and to publish the revised allocations in the Congressional Record, to
the end that the revised allocations be effective in the House as though
made pursuant to sections 302(a) and 602(a) of the Congressional Budget
Act of 1974 (sec. 202(c), H. Res. 6, Jan. 4, 1995, p. 467). The House
has adopted resolutions to deem budget resolutions, or portions thereof,
to be in place for temporary enforcement (see annotations under section
301(b) of this Act). The budget resolution deemed adopted for fiscal
year 2003 established a reserve fund in the House to support an extra
allocation for propositions providing for specified increases in
obligation levels for highway spending, with a special application of
section 302(f) to enforce levels of outlays (as well as budget
authority) in that area, and provided for a separate, exclusive section
302(a) allocation for medicare spending (on one-year and 10-year bases)
(sec. 204, H. Con. Res. 353, 107th Cong., deemed in place by H. Res.
428, 107th Cong., May 22, 2002, pp. 8675, 8676, and by sec. 3, H. Res.
5, 108th Cong., Jan. 7, 2003, p. 10). The special allocation for surface
transportation was carried in the budget resolution for fiscal year 2004
(sec. 501, H. Con. Res. 95, 108th Cong.) and in the budget resolution
deemed in place for fiscal year 2005 (sec. 401, S. Con. Res. 95, 108th
Cong., May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May
19, 2004,
concurrent resolution on the budget must be adopted before budget-
related legislation is considered
Sec. 303. (a) In General.--Until the concurrent resolution on the
budget for a fiscal year has been agreed to, it shall not be in order in
the House of Representatives, with respect to the first fiscal year
covered by that resolution, or the Senate, with respect to any fiscal
year covered by that resolution, to consider any bill or joint
resolution, amendment or motion thereto, or conference report thereon
that--
(1) first provides new budget authority for that fiscal year;
(2) first provides an increase or decrease in revenues during
that fiscal year;
(3) provides an increase or decrease in the public debt limit
to become effective during that fiscal year;
(4) in the Senate only, first provides new entitlement
authority for that fiscal year; or
(5) in the Senate only, first provides for an increase or
decrease in outlays for that fiscal year.
(b) Exceptions in the House.--In the House of Representatives,
subsection (a) does not apply--
(1)(A) to any bill or joint resolution, as reported, providing
advance discretionary new budget authority that first becomes
available for the first or second fiscal year after the budget
year; or
(B) to any bill or joint resolution, as reported, first
increasing or decreasing revenues in a fiscal year following the
fiscal year to which the concurrent resolution applies;
(2) after May 15, to any general appropriation bill or
amendment thereto; or
(3) to any bill or joint resolution unless it is reported by a
committee.
(c) Application to Appropriation Measures in the Senate.--
(1) In general.--Until the concurrent resolution on the budget
[[Page 1099]]
for a fiscal year has been agreed to and an
allocation has been made to the Committee on Appropriations of
the Senate under section 302(a) for that year, it shall not be
in order in the Senate to consider any appropriation bill or
joint resolution, amendment or motion thereto, or conference
report thereon for that year or any subsequent year.
(2) Exception.--Paragraph (1) does not apply to appropriations
legislation making advance appropriations for the first or
second fiscal year after the year the allocation referred to in
that paragraph is made.
The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
II, P.L. 99-177) amended subsection 303(a) by: (1) adding the phrase
``as reported to the House or Senate''; (2) modifying paragraph (4) to
apply to new entitlement authority; and (3) adding a paragraph (5)
relating to new credit authority. The same law amended subsection (b) by
adding the May 15th exception for general appropriation bills. The
Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
subsection (a) to standardize its application to bills, joint
resolutions, amendments, motions, and conference reports, and by
deleting the reference in paragraph (5) to new credit authority. That
law also subdivided subsection (b) into paragraphs relating to
exceptions in the House and Senate. Section 303 was rewritten by the
Budget Enforcement Act of 1997 (sec. 10107, P.L. 105-33) to simplify the
section, drop obsolete provisions, make certain conforming changes, and
eliminate references to ``new entitlement authority'' in the House and
``new credit authority.''
Clause 8 of rule XXI, adopted in the 110th Congress, provides that
points of order under title III of the Budget Act apply to unreported
measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5,
2007)). Previously, a point of order under section 303(a) operated with
respect to a bill or joint resolution in its reported state and thus did
not lie against consideration of an unreported measure (Mar. 21, 1995,
p. 8491), although it did lie against consideration of an amendment to
an unreported measure (July 24, 1998, p. 17278). The budget resolution
deemed in place for fiscal year 2005 provided that, for purposes of
titles II and III of the Budget Act, the term ``amendment'' or
``amendment thereto'' means an amendment offered or an amendment made in
order as original text or considered as adopted by special order of the
House (sec. 406, S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in
place by H. Res. 649, 108th Cong., May 19, 2004, p. 10105, and by sec.
3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. 44).
[[Page 1100]]
the increased entitlements could not be considered mere continuations of
entitlement authority that became effective in fiscal year 1977 (for
which a concurrent resolution had been adopted), and because the section
303(b) exception permitting certain advance budget authority does not
apply in the case of new entitlement authority (Speaker Albert, Sept.
30, 1976, p. 34074). An amendment providing new budget authority for a
fiscal year before adoption of a budget resolution for that year was
held to violate section 303, where points of order under that section
had been waived against the pending bill but not against amendments
(Aug. 1, 1984, p. 21871; July 17, 1985, pp. 19435, 19463 (amendment
contained in motion to recommit with instructions)).
A conference report containing revenue-sharing provisions in the form
of new entitlement authority as described in section 401(c)(2)(C) of the
Budget Act to become effective in fiscal years 1978 through 1980 in
amounts greater than the amount in fiscal year 1977 was ruled out on a
point of order under section 303(a), because the first concurrent
resolution on the budget for those future fiscal years had not yet been
adopted and
To a bill providing eligibility for certain entitlement benefits to
become effective in the fiscal year for which a budget resolution had
been adopted, an amendment allowing a deduction in computing household
income to determine eligibility effective in the next following fiscal
year, to reflect changes in shelter and utility costs, was ruled out as
providing new entitlement authority to become effective in a fiscal year
for which a concurrent resolution on the budget had not been adopted, in
violation of section 303(a)(4) (July 27, 1977, p. 25222).
To a bill partially replacing an existing mandatory student loan
(entitlement) program with a new discretionary program, an amendment
reducing the discretionary program and commensurately restoring the
mandatory program was held to violate section 303(a) by providing new
entitlement authority for the ensuing fiscal year before the adoption of
a concurrent resolution on the budget for that fiscal year (Mar. 26,
1992, p. 7173). Amendments enlarging the class of persons eligible for,
or increasing the amount of, a Government subsidy (lower interest
payments on student loans) have been held to violate section 303(a) by
providing new entitlement authority for the ensuing fiscal year before
the adoption of a concurrent resolution on the budget for that fiscal
year (Mar. 26, 1992, pp. 7184, 7186, 7227, 7231, 7236).
An amendment repealing an agricultural marketing (entitlement) program
for peanuts over a five-year period was nevertheless held to provide new
budget authority for the ensuing fiscal year before the adoption of the
budget resolution for that year, in violation of section 303(a), where
the Chair was persuaded by estimates from the Congressional Budget
Office that economic conditions under that repeal would result in
decreased receipts and increased Federal outlays during that first
fiscal year (July 25, 1990, p. 19155).
[[Page 1101]]
An amendment imposing fees on generated electric energy, to be
deposited in a trust fund, and effective in the ensuing fiscal year, was
held to violate section 303(a) by increasing revenues effective in the
ensuing fiscal year, for which a budget resolution had yet to be adopted
(July 23, 1985, p. 20041). An amendment striking a revenue provision in
a pending unreported bill and proposing to insert an alternative revenue
provision was held to violate section 303(a) (July 24, 1998, p. 17278).
The Committee on the Budget of the House determined, as stated in its
second report on the implementation of congressional budget procedures
for fiscal year 1976 (H. Rept. No. 94-457, Oct. 8, 1975), that the
section 303(b) exemption for certain advance budget or revenue authority
ceases to apply with the beginning of the fiscal year in question.
Therefore, on or after October 1, 1975, the beginning of fiscal year
1976, budget authority or revenue measures to become effective in fiscal
year 1977, could no longer be considered under the 303(b) exception but
would have to await the final adoption in May of the first concurrent
resolution on the budget for fiscal year 1977. But the Senate in the
95th Congress overruled a decision of its presiding officer holding that
the section 303(b) exemption ceased to apply after the beginning of the
fiscal year preceding the fiscal year for which revenue changes were
proposed (Oct. 5, 1978, pp. 33945-50).
In the 106th through 113th Congresses, the House adopted an order to
enforce a 303(a) point of order against a reported bill or joint
resolution considered under a special order of business on the basis of
text made in order as original text (sec. 2(a)(3), H. Res. 5, Jan. 6,
1999, p. 47; sec. 3(b)(2), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(2),
H. Res. 5, Jan. 7, 2003, p. 10; sec. 3(a)(2), H. Res. 5, Jan. 4, 2005,
p. 44; sec. 511(a)(2), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5,
2007); sec. 3(a)(2), H. Res. 5, Jan. 6, 2009, p. 9; sec. 3(a)(2), H.
Res. 5, Jan. 5, 2011, p. 80; sec. 3(b)(2), H. Res. 5, Jan. 3, 2013, p.
26). These orders were no longer necessary after the enactment of an
amendment to section 315 by the Bipartisan Budget Act of 2013 (div. A,
P.L. 113-67).
The House has adopted resolutions to deem budget resolutions, or
portions thereof, to be in place for temporary enforcement (see
annotations under section 301(b) of this Act).
permissible revisions of concurrent resolutions on the budget
Sec. 304. At any time after the concurrent resolution on the budget
for a fiscal year has been agreed to pursuant to section 301, and before
the end of such fiscal year, the two Houses may adopt a concurrent
resolution on the budget which revises or reaffirms the concurrent
resolution on the budget for such fiscal year most recently agreed to.
[[Page 1102]]
provisions relating to the consideration of concurrent resolutions on
The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) deleted a
subsection (b), relating to maximum deficit amount requirements for
revised budget resolutions, that had been added by the Balanced Budget
and Emergency Deficit Control Act of 1985 (tit. II, P.L. 99-177), and
redesignated the subsection on economic assumptions, originally added by
Public Law 100-119, as (b). The latter subsection (b) was deleted by the
Budget Enforcement Act of 1997 (sec. 10108, P.L. 105-33). Although not a
section 304 revision, the House has by simple resolution modified
amounts in House enforcement provisions of a concurrent resolution on
the budget (sec. 2, H. Res. 665, July 22, 2009, p. 18581).
the budget
Sec. 305. (a) Procedure in House of Representatives After Report of
Committee; Debate.--
(1) When a concurrent resolution on the budget has been
reported by the Committee on the Budget of the House of
Representatives and has been referred to the appropriate
calendar of the House, it shall be in order on any day
thereafter, subject to clause 4 of rule XIII of the Rules of the
House of Representatives, to move to proceed to the
consideration of the concurrent resolution. The motion is highly
privileged and is not debatable. An amendment to the motion is
not in order and it is not in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
(2) General debate on any concurrent resolution on the budget
in the House of Representatives shall be limited to not more
than 10 hours, which shall be divided equally between the
majority and minority parties, plus such additional hours of
debate as are consumed pursuant to paragraph (3). A motion
further to limit debate is not debatable. A motion to recommit
the concurrent resolution is not in order, and it is not in
order to move to reconsider the vote by which the concurrent
resolution is agreed to or disagreed to.
(3) Following the presentation of opening statements on the
concurrent resolution on the budget for a fiscal year by the
chairman and ranking minority member of the Committee on the
Budget of the House, there shall be a period of up to four hours
for debate on economic goals and policies.
(4) Only if a concurrent resolution on the budget reported by
the Committee on the Budget of the House sets forth the economic
goals (as described in sections 3(a)(2) and (4)(b) of the Full
Employment Act of 1946) which the estimates, amounts, and levels
(as described in section 301(a)) set forth in such resolution
are designed to achieve, shall it be in order to offer to such
resolution an amendment relating to such goals, and such
amendment shall be in order only if it also proposes to alter
such estimates, amounts, and levels in germane fashion in order
to be consistent with the goals proposed in such amendment.
(5) Consideration of any concurrent resolution on the budget
by the House of Representatives shall be in the Committee of the
[[Page 1103]]
Whole, and the resolution
shall be considered for amendment under the five-minute rule in
accordance with the applicable provisions of rule XVIII of the
Rules of the House of Representatives. After the Committee rises
and reports the resolution back to the House, the previous
question shall be considered as ordered on the resolution and
any amendments thereto to final passage without intervening
motion; except that it shall be in order at any time prior to
final passage (notwithstanding any other rule or provision of
law) to adopt an amendment (or a series of amendments) changing
any figure or figures in the resolution as so reported to the
extent necessary to achieve mathematical consistency.
(6) Debate in the House of Representatives on the conference
report on any concurrent resolution on the budget shall be
limited to not more than 5 hours, which shall be divided equally
between the majority and minority parties. A motion further to
limit debate is not debatable. A motion to recommit the
conference report is not in order, and it is not in order to
move to reconsider the vote by which the conference report is
agreed to or disagreed to.
(7) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to any concurrent resolution on the budget
shall be decided without debate.
The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
II, P.L. 99-177) amended section 305 in several places, with the most
important changes being the reduction in the availability requirement
for the committee report on a budget resolution to five days (from 10)
and the addition of a one-day availability requirement for any report
thereon from the Committee on Rules. The Full Employment and Balanced
Growth Act of 1978 (P.L. 95-523) amended this subsection by adding
subparagraphs (3) and (4) and making conforming changes relating to
debate and amendments on economic goals and policies during
consideration of the first concurrent resolution on the budget in the
House. A similar addition relating to Senate procedure was made in
subparagraphs (3) and (4). The Budget Enforcement Act of 1997 (sec.
10109, P.L. 105-33) amended section 305(a)(1) to provide a three-day
layover requirement for the concurrent resolution on the budget.
[[Page 1104]]
be considered as read and open to amendment at any point, and unanimous
consent is required to read such a concurrent resolution by section in
order to allow amendments to aggregates to be considered before
amendments to functional categories (May 2, 1978, pp. 12074, 12075).
Clause 10 of rule XVIII (former clause 8 of rule XXIII) was further
amended in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) to
require that amendments to budget resolutions achieve mathematical
consistency and contain all the matter set forth in subsections
301(a)(1) through (5). On one occasion, the chair of the Committee on
the Budget offered a ``mathematical consistency'' amendment in the
Committee of the Whole, rather than in the House (Apr. 29, 1976, p.
11916).
General debate on economic goals and policies under subsection (a)(3)
must be confined to that subject (Apr. 23, 1980, p. 8815). Clause 10 of
rule XVIII (former clause 8 of rule XXVIII), as added in the 95th
Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) requires that any
concurrent resolution on the budget (consisting of both aggregate totals
and functional categories)
A concurrent resolution on the budget is subject to a demand for a
division of the question if, for example, the resolution grammatically
and substantively relates to different fiscal years (May 7, 1980, pp.
10185-87) or includes a separate, hortatory section having its own
grammatical and substantive meaning (Mar. 5, 1992, p. 4675).
Where a perfecting amendment changing several figures in a concurrent
resolution on the budget was pending in the Committee of the Whole, the
Chair indicated that adoption of that amendment would preclude a further
amendment merely changing those figures but would not preclude a more
comprehensive amendment changing other (unamended) portions of the
resolution (Apr. 28, 1976, p. 11599).
Although under this paragraph there can be up to five hours of debate
on a conference report on a concurrent resolution on the budget, where
the conferees report in total disagreement, debate on the motion to
dispose of the amendment in disagreement is under the ``hour rule'' and
is equally divided and controlled between the majority and minority
parties under clause 8(d) of rule XXII (former clause 2 of rule XXVIII)
(May 13, 1976, p. 13756; Sept. 16, 1976, p. 30182).
A concurrent resolution on the budget providing for the production of
three separate reconciliation bills, including a reconciliation bill
that lowers revenues, is privileged in the Senate under section 305(b)
(May 21, 1996, pp. 11937-41).
[[Page 1105]]
for consideration of such concurrent resolution in the House instead of
in the Committee of the Whole as provided by this section of law (H.
Res. 85, Feb. 2, 2021, p. _), and the House subsequently adopted a
special order of business providing directly for the hereby adoption of
a Senate concurrent resolution on the budget (H. Res. 101, Feb. 5, 2021,
p. _). The House has adopted resolutions to deem budget resolutions, or
portions thereof, to be in place for temporary enforcement (see
annotations under section 301(b) of this Act).
In the 96th Congress, for the first time, the Committee on Rules
reported and the House adopted a special order permitting only certain
designated amendments to be offered to a concurrent resolution on the
budget (H. Res. 642, Apr. 23, 1980, p. 8789). The House has adopted
similar ``modified-closed rules'' for the consideration of concurrent
resolutions on the budget in each subsequent Congress. In the 98th
Congress, a special order (H. Res. 144, Mar. 22, 1983, p. 6503) waiving
the existing 10-day layover requirement of section 305(a)(1) was
construed not to have waived the separate layover requirement of clause
4 of rule XIII (former clause 2(l)(6) of rule XI, amended in the 102d
Congress (H. Res. 5, Jan. 3, 1991, p. 39) to conform to the five-day
layover requirement of this section). In the 117th Congress, the House
adopted a special order foreclosing any amendment from being offered to
a concurrent resolution on the budget and providing
(b) Procedure in Senate After Report of Committee; Debate;
Amendments.--
(1) Debate in the Senate on any concurrent resolution on the
budget, and all amendments thereto and debatable motions and
appeals in connection therewith, shall be limited to not more
than 50 hours, except that with respect to any concurrent
resolution referred to in section 304 all such debate shall be
limited to not more than 15 hours. The time shall be equally
divided between, and controlled by, the majority leader and the
minority leader or their designees.
(2) Debate in the Senate on any amendment to a concurrent
resolution on the budget shall be limited to 2 hours, to be
equally divided between, and controlled by, the mover and the
manager of the concurrent resolution, and debate on any
amendment to an amendment, debatable motion, or appeal shall be
limited to 1 hour, to be equally divided between, and controlled
by, the mover and the manager of the concurrent resolution,
except that in the event the manager of the concurrent
resolution is in favor of any such amendment, motion, or appeal,
the time in opposition thereto shall be controlled by the
minority leader or his designee. No amendment that is not
germane to the provisions of such concurrent resolution shall be
received. Such leaders, or either of them, may, from the time
under their control on the passage of the concurrent resolution,
allot additional time to any Senator during the consideration of
any amendment, debatable motion, or appeal.
(3) Following the presentation of opening statements on the
concurrent resolution on the budget for a fiscal year by the
chairman and ranking minority member of the Committee on the
Budget of the Senate, there shall be a period of up to four
hours for debate on economic goals and policies.
(4) Subject to the other limitations of this Act, only if a
[[Page 1106]]
concurrent resolution on the budget reported by
the Committee on the Budget of the Senate sets forth the
economic goals (as described in sections 3(a)(2) and 4(b) of the
Employment Act of 1946) which the estimates, amounts, and levels
(as described in section 301(a)) set forth in such resolution
are designed to achieve, shall it be in order to offer to such
resolution an amendment relating to such goals, and such
amendment shall be in order only if it also proposes to alter
such estimates, amounts, and levels in germane fashion in order
to be consistent with the goals proposed in such amendment.
(5) A motion to further limit debate is not debatable. A
motion to recommit (except a motion to recommit with
instructions to report back within a specified number of days,
not to exceed 3, not counting any day on which the Senate is not
in session) is not in order. Debate on any such motion to
recommit shall be limited to 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the
concurrent resolution.
(6) Notwithstanding any other rule, an amendment or series of
amendments to a concurrent resolution on the budget proposed in
the Senate shall always be in order if such amendment or series
of amendments proposes to change any figure or figures then
contained in such concurrent resolution so as to make such
concurrent resolution mathematically consistent or so as to
maintain such consistency.
(c) Action on Conference Reports in the Senate.--
(1) A motion to proceed to the consideration of the conference
report on any concurrent resolution on the budget (or a
reconciliation bill or resolution) may be made even though a
previous motion to the same effect has been disagreed to.
(2) During the consideration in the Senate of the conference
report (or a message between Houses) on any concurrent
resolution on the budget, and all amendments in disagreement,
and all amendments thereto, and debatable motions and appeals in
connection therewith, debate shall be limited to 10 hours, to be
equally divided between, and controlled by, the majority leader
and minority leader or their designees. Debate on any debatable
motion or appeal related to the conference report (or a message
between Houses) shall be limited to 1 hour, to be equally
[[Page 1107]]
divided between, and controlled by, the mover and the manager
of the conference report (or a message between Houses).
(3) Should the conference report be defeated, debate on any
request for a new conference and the appointment of conferees
shall be limited to 1 hour, to be equally divided between, and
controlled by, the manager of the conference report and the
minority leader or his designee, and should any motion be made
to instruct the conferees before the conferees are named, debate
on such motion shall be limited to one-half hour, to be equally
divided between, and controlled by, the mover and the manager of
the conference report. Debate on any amendment to any such
instructions shall be limited to 20 minutes, to be equally
divided between and controlled by the mover and the manager of
the conference report. In all cases when the manager of the
conference report is in favor of any motion, appeal, or
amendment, the time in opposition shall be under the control of
the minority leader or his designee.
(4) In any case in which there are amendments in disagreement,
time on each amendment shall be limited to 30 minutes, to be
equally divided between, and controlled by, the manager of the
conference report and the minority leader or his designee. No
amendment that is not germane to the provisions of such
amendments shall be received.
(d) Concurrent Resolution Must Be Consistent in the Senate.--It shall
not be in order in the Senate to vote on the question of agreeing to--
(1) a concurrent resolution on the budget unless the figures
then contained in such resolution are mathematically consistent;
or
(2) a conference report on a concurrent resolution on the
budget unless the figures contained in such resolution, as
recommended in such conference report, are mathematically
consistent.
legislation dealing with congressional budget must be handled by budget
The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) deleted a
subsection (d), which required action by budget conferees within seven
days, and redesignated the succeeding subsection.
committees
[[Page 1108]]
ing with any matter which is within the jurisdiction of the Committee on
the Budget shall be considered unless it is a bill or resolution which
has been reported by the Committee on the Budget (or from the
consideration of which such committee has been discharged) or unless it
is an amendment to such a bill or resolution.
Sec. 306. (a) In the Senate.--In the Senate, no bill, resolution,
amendment, motion, or conference report, deal
(b) In the House of Representatives.--In the House of Representatives,
no bill or joint resolution, or amendment thereto, or conference report
thereon, dealing with any matter which is within the jurisdiction of the
Committee on the Budget shall be considered unless it is a bill or joint
resolution which has been reported by the Committee on the Budget (or
from the consideration of which such committee has been discharged) or
unless it is an amendment to such a bill or joint resolution.
The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
this section to standardize its application to any bill, resolution,
amendment, motion, or conference report. The Bipartisan Budget Act of
2013 (div. A, P.L. 113-67) separated the section into two subsections to
provide that the point of order applies in the House to a joint
resolution but not any other resolution. This change codified separate
orders adopted by the House from the 107th through 113th Congresses that
construed the term ``resolution'' in the former unified section as
``joint resolution'' (sec. 3(b), H. Res. 5, Jan. 3, 2001, p. 24; sec.
3(a)(1), H. Res. 5, Jan. 7, 2003, p. 10; sec. 3(a)(1), H. Res. 5, Jan.
4, 2005, p. 44; sec. 511(a)(1), H. Res. 6, Jan. 4, 2007, p. 19 (adopted
Jan. 5, 2007); sec. 3(a)(1), H. Res. 5, Jan. 6, 2009, p. 9; sec.
3(a)(1), H. Res. 5, Jan. 5, 2011, p. 80; sec. 3(b)(1), H. Res. 5, Jan.
3, 2013, p. 26). The 104th and 105th Congresses expanded the legislative
jurisdiction of the Committee on the Budget (sec. 202(a), H. Res. 6,
Jan. 4, 1995, p. 463; sec. 5, H. Res. 5, Jan. 7, 1997, p. 121). Pursuant
to section 4(a)(4) of the Statutory Pay-As-You-Go Act of 2010 (tit. I,
P.L. 111-139), a designation regarding budgetary effects under that Act
is not considered a matter within the jurisdiction of the Committee on
the Budget for purposes of section 306 enforcement.
A special order of business adopted by the House providing for
consideration of an unreported concurrent resolution on the budget upon
the Speaker's declaration that the House be resolved into the Committee
of the Whole has the effect of discharging the Committee on the Budget
when so announced by the Speaker, and need not contain the term
``discharge'' or waive points of order under this section, because the
concurrent resolution is effectively discharged consistent with, and not
in violation of, this section (Mar. 13, 1986, p. 4638).
[[Page 1109]]
nating an appropriation as ``emergency spending'' within the meaning of
the budget-enforcement laws (Sept. 8, 1999, p. 20930).
The following were held to violate this section: (1) an amendment
directing that certain lease-purchase agreements be scored on an annual
basis for budget purposes (July 19, 1999, p. 16615); and (2) an
amendment desig
house committee action on all appropriation bills to be completed by
june 10
Sec. 307. On or before June 10 of each year, the Committee on
Appropriations of the House of Representatives shall report annual
appropriation bills providing new budget authority under the
jurisdiction of all of its subcommittees for the fiscal year which
begins on October 1 of that year.
This section was rewritten by the Balanced Budget and Emergency
Deficit Control Act of 1985 (tit. II, P.L. 99-177) to establish June
10th as the annual target date for completion of House committee action
on all regular appropriation bills.
reports, summaries, and projections of congressional budget actions
Sec. 308. (a) Legislation Providing New Budget Authority or Providing
an Increase or Decrease in Revenues or Tax Expenditures.--
(1) Whenever a committee of either House reports to its House
a bill or joint resolution, or committee amendment thereto,
providing new budget authority (other than continuing
appropriations) or providing an increase or decrease in revenues
or tax expenditures for a fiscal year (or fiscal years), the
report accompanying that bill or joint resolution shall contain
a statement, or the committee shall make available such a
statement in the case of an approved committee amendment which
is not reported to its House, prepared after consultation with
the Director of the Congressional Budget Office--
(A) comparing the levels in such measure to the
appropriate allocations in the reports submitted under
section 302(b) for the most recently agreed to
concurrent resolution on the budget for such fiscal year
(or fiscal years);
(B) containing a projection by the Congressional
Budget Office of how such measure will affect the levels
of such budget authority, budget outlays, revenues, or
tax expenditures under existing law for such fiscal year
(or fiscal years) and each of the four ensuing fiscal
years, if timely submitted before such report is filed;
[[Page 1110]]
and
(C) containing an estimate by the Congressional Budget
Office of the level of new budget authority for
assistance to State and local governments provided by
such measure, if timely submitted before such report is
filed.
(2) Whenever a conference report is filed in either House and
such conference report or any amendment reported in disagreement
or any amendment contained in the joint statement of managers to
be proposed by the conferees in the case of technical
disagreement on such bill or joint resolution provides new
budget authority (other than continuing appropriations) or
provides an increase or decrease in revenues for a fiscal year
(or fiscal years), the statement of managers accompanying such
conference report shall contain the information described in
paragraph (1), if available on a timely basis. If such
information is not available when the conference report is
filed, the committee shall make such information available to
Members as soon as practicable prior to the consideration of
such conference report.
(3) CBO paygo estimates.--
(A) The Chairs of the Committees on the Budget of the
House and Senate, as applicable, shall request from the
Director of the Congressional Budget Office an estimate
of the budgetary effects of PAYGO legislation.
(B) Estimates shall be prepared using baseline
estimates supplied by the Congressional Budget Office,
consistent with section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(C) The Director shall not count timing shifts, as
that term is defined at section 3(8) of the Statutory
Pay-As-You-Go Act of 2010, in estimates of the budgetary
effects of PAYGO Legislation.
(b) Up-To-Date Tabulations of Congressional Budget Action.--
(1) The Director of the Congressional Budget Office shall
issue to the committees of the House of Representatives and the
Senate reports on at least a monthly basis detailing and
tabulating the progress of congressional action on bills and
joint resolutions providing new budget authority or providing an
increase or decrease in revenues or tax expenditures for each
[[Page 1111]]
fiscal year covered by a concurrent resolution on the
budget. Such reports shall include but are not limited to an up-
to-date tabulation comparing the appropriate aggregate and
functional levels (including outlays) included in the most
recently adopted concurrent resolution on the budget with the
levels provided in bills and joint resolutions reported by
committees or adopted by either House or by the Congress, and
with the levels provided by law for the fiscal year preceding
the first fiscal year covered by the appropriate concurrent
resolution.
(2) The Committee on the Budget of each House shall make
available to Members of its House summary budget scorekeeping
reports. Such reports--
(A) shall be made available on at least a monthly
basis, but in any case frequently enough to provide
Members of each House an accurate representation of the
current status of congressional consideration of the
budget;
(B) shall include, but are not limited to summaries of
tabulations provided under subsection (b)(1); and
(C) shall be based on information provided under
subsection (b)(1) without substantive revision.
The chairman of the Committee on the Budget of the House of
Representatives shall submit such reports to the Speaker.
(c) Five-Year Projection of Congressional Budget Act.--As soon as
practicable after the beginning of each fiscal year, the Director of the
Congressional Budget Office shall issue a report projecting for the
period of 5 fiscal years beginning with such fiscal year--
(1) total new budget authority and total budget outlays for
each fiscal year in such period;
(2) revenues to be received and the major sources thereof, and
the surplus or deficit, if any, for each fiscal year in such
period;
(3) tax expenditures for each fiscal year in such period; and
(4) entitlement authority for each fiscal year in such period.
[[Page 1112]]
(d) Scorekeeping Guidelines.--Estimates under this section shall be
provided in accordance with the scorekeeping guidelines determined under
section 252(d)(5) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
II, P.L. 99-177) expanded the scope of subsection (a) to apply not only
to reports on legislation providing budget authority and tax
expenditures but also to reports on legislation providing new spending
authority, new credit authority, and changes in revenues. That law also
added the requirement that the same information be available to Members
before consideration of conference reports or amendments in disagreement
on such legislation, as well as subsections (b) and (c). The Budget
Enforcement Act of 1990 (tit. XIII, P.L. 101-508) made conforming
changes to subsections (a) and (b) to reflect the advent of five-year
budget resolutions. Certain technical and conforming changes were made
to this section by the Budget Enforcement Act of 1997 (sec. 10110, P.L.
105-33). The Statutory Pay-As-You-Go Act of 2010 (tit. I, P.L. 111-139)
added subsections (a)(3) and (d).
Section 308(a)(1) does not apply either to the consideration or to the
adoption of a special order reported from the Committee on Rules ``self-
executing'' the adoption in the House of an amendment providing new
budget authority, because the amendment is not separately before the
House during consideration of the special order (but only when the bill
of which it becomes a part is before the House), and because it is the
amendment itself, and not the special order resolution, that provides
the new budget authority (Feb. 24, 1993, p. 3543). A committee cost
estimate identifying certain spending authority as recurring annually
and indefinitely was held necessarily to address the five-year period
required by this section (Nov. 20, 1993, p. 31354).
house approval of regular appropriation bills
Sec. 309. It shall not be in order in the House of Representatives to
consider any resolution providing for an adjournment period of more than
three calendar days during the month of July until the House of
Representatives has approved annual appropriation bills providing new
budget authority under the jurisdiction of all the subcommittees of the
Committee on Appropriations for the fiscal year beginning on October 1
of such year. For purposes of this section, the chairman of the
Committee on Appropriations of the House of Representatives shall
periodically advise the Speaker as to changes in jurisdiction among its
various subcommittees.
The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
II, P.L. 99-177) added this section. See also section 310(f), infra.
reconciliation
[[Page 1113]]
rent resolution on the budget for any fiscal year, to the extent
necessary to effectuate the provisions and requirements of such
resolution, shall--
Sec. 310. (a) Inclusion of Reconciliation Directives in Concurrent
Resolutions on the Budget.--A concur
(1) specify the total amount by which--
(A) new budget authority for such fiscal year;
(B) budget authority initially provided for prior
fiscal years;
(C) new entitlement authority which is to become
effective during such fiscal year; and
(D) credit authority for such fiscal year,
contained in laws, bills, and resolutions within the
jurisdiction of a committee is to be changed and direct that
committee to determine and recommend changes to accomplish a
change of such total amount;
(2) specify the total amount by which revenues are to be
changed and direct that the committees having jurisdiction to
determine and recommend changes in the revenue laws, bills, and
resolutions to accomplish a change of such total amount;
(3) specify the amounts by which the statutory limit on the
public debt is to be changed and direct the committee having
jurisdiction to recommend such change; or
(4) specify and direct any combination of the matters
described in paragraphs (1), (2), and (3) (including a direction
to achieve deficit reduction).
(b) Legislative Procedure.--If a concurrent resolution containing
directives to one or more committees to determine and recommend changes
in laws, bills, or resolutions is agreed to in accordance with
subsection (a), and--
(1) only one committee of the House or the Senate is directed
to determine and recommend changes, that committee shall
promptly make such determination and recommendations and report
to its House reconciliation legislation containing such
recommendations; or
(2) more than one committee of the House or the Senate is
directed to determine and recommend changes, each such committee
so directed shall promptly make such determination and
recommendations and submit such recommendations to the Committee
on the Budget of its House, which upon receiving all such
recommendations, shall report to its House reconciliation
legislation carrying out all such recommendations without any
[[Page 1114]]
For purposes of this subsection, a reconciliation resolution is a
concurrent resolution directing the Clerk of the House of
Representatives or the Secretary of the Senate, as the case may be, to
make specified changes in bills and resolutions which have not been
enrolled.
substantive revision.
(c) Compliance With Reconciliation Directions.--(1) Any committee of
the House of Representatives or the Senate that is directed, pursuant to
a concurrent resolution on the budget, to determine and recommend
changes of the type described in paragraphs (1) and (2) of subsection
(a) with respect to laws within its jurisdiction, shall be deemed to
have complied with such directions--
(A) if--
(i) the amount of the changes of the type described in
paragraph (1) of such subsection recommended by such
committee do not exceed or fall below the amount of the
changes such committee was directed by such concurrent
resolution to recommend under that paragraph by more
than--
(I) in the Senate, 20 percent of the total of
the amounts of the changes such committee was
directed to make under paragraphs (1) and (2) of
such subsection; or
(II) in the House of Representatives, 20 percent
of the sum of the absolute value of the changes the
committee was directed to make under paragraph (1)
and the absolute value of the changes the committee
was directed to make under paragraph (2); and
(ii) the amount of the changes of the type described
in paragraph (2) of such subsection recommended by such
committee do not exceed or fall below the amount of the
changes such committee was directed by such concurrent
resolution to recommend under that paragraph by more
than--
(I) in the Senate, 20 percent of the total of
the amounts of the changes such committee was
directed to make under paragraphs (1) and (2) of
such subsection; or
(II) in the House of Representatives, 20 percent
of the sum of the absolute value of the changes the
committee was directed to make under paragraph (1)
[[Page 1115]]
and the absolute value of
the changes the committee was directed to make under
paragraph (2); and
(B) if the total amount of the changes recommended by such
committee is not less than the total of the amounts of the
changes such committee was directed to make under paragraphs (1)
and (2) of such subsection.
(2)(A) Upon the reporting to the Committee on the Budget of
the Senate of a recommendation that shall be deemed to have
complied with such directions solely by virtue of this
subsection, the chairman of that committee may file with the
Senate appropriately revised allocations under section 302(a)
and revised functional levels and aggregates to carry out this
subsection.
(B) Upon the submission to the Senate of a conference
report recommending a reconciliation bill or resolution in
which a committee shall be deemed to have complied with such
directions solely by virtue of this subsection, the chairman
of the Committee on the Budget of the Senate may file with
the Senate appropriately revised allocations under section
302(a) and revised functional levels and aggregates to carry
out this subsection.
(C) Allocations, functional levels, and aggregates revised
pursuant to this paragraph shall be considered to be
allocations, functional levels, and aggregates contained in
the concurrent resolution on the budget pursuant to section
301.
(D) Upon the filing of revised allocations pursuant to
this paragraph, the reporting committee shall report revised
allocations pursuant to section 302(b) to carry out this
subsection.
(d) Limitation on Amendments to Reconciliation Bills and
Resolutions.--
(1) It shall not be in order in the House of Representatives
to consider any amendment to a reconciliation bill or
reconciliation resolution if such amendment would have the
effect of increasing any specific budget outlays above the level
of such outlays provided in the bill or resolution (for the
fiscal years covered by the reconciliation instructions set
forth in the most recently agreed to concurrent resolution on
the budget), or would have the effect of reducing any specific
Federal revenues below the level of such revenues provided in
[[Page 1116]]
the bill or resolution (for such fiscal
years), unless such amendment makes at least an equivalent
reduction in other specific budget outlays, an equivalent
increase in other specific Federal revenues, or an equivalent
combination thereof (for such fiscal years), except that a
motion to strike a provision providing new budget authority or
new entitlement authority may be in order.
(2) It shall not be in order in the Senate to consider any
amendment to a reconciliation bill or reconciliation resolution
if such amendment would have the effect of decreasing any
specific budget outlay reductions below the level of such outlay
reductions provided (for the fiscal years covered) in the
reconciliation instructions which relate to such bill or
resolution set forth in a resolution providing for
reconciliation, or would have the effect of reducing Federal
revenue increases below the level of such revenue increases
provided (for such fiscal years) in such instructions relating
to such bill or resolution, unless such amendment makes a
reduction in other specific budget outlays, an increase in other
specific Federal revenues, or a combination thereof (for such
fiscal years) at least equivalent to any increase in outlays or
decrease in revenues provided by such amendment, except that a
motion to strike a provision shall always be in order.
(3) Paragraphs (1) and (2) shall not apply if a declaration of
war by the Congress is in effect.
(4) For purposes of this section, the levels of budget outlays
and Federal revenues for a fiscal year shall be determined on
the basis of estimates made by the Committee on the Budget of
the House of Representatives or of the Senate, as the case may
be.
(5) The Committee on Rules of the House of Representatives may
make in order amendments to achieve changes specified by
reconciliation directives contained in a concurrent resolution
on the budget if a committee or committees of the House fail to
submit recommended changes to its Committee on the Budget
pursuant to its instruction.
(e) Procedure in the Senate.--
(1) Except as provided in paragraph (2), the provisions of
section 305 for the consideration in the Senate of concurrent
resolutions on the budget and conference reports thereon shall
[[Page 1117]]
also apply to the consid
eration in the Senate of reconciliation bills reported under
subsection (b) and conference reports thereon.
(2) Debate in the Senate on any reconciliation bill reported
under subsection (b), and all amendments thereto and debatable
motions and appeals in connection therewith, shall be limited to
not more than 20 hours.
(f) Completion of Reconciliation Process.--It shall not be in order in
the House of Representatives to consider any resolution providing for an
adjournment period of more than three calendar days during the month of
July until the House of Representatives has completed action on the
reconciliation legislation for the fiscal year beginning on October 1 of
the calendar year to which the adjournment resolution pertains, if
reconciliation legislation is required to be reported by the concurrent
resolution on the budget for such fiscal year.
(g) Limitation on Changes to the Social Security Act.--Notwithstanding
any other provision of law, it shall not be in order in the Senate or
the House of Representatives to consider any reconciliation bill or
reconciliation resolution reported pursuant to a concurrent resolution
on the budget agreed to under section 301 or 304, or a joint resolution
pursuant to section 258C of the Balanced Budget and Emergency Deficit
Control Act of 1985, or any amendment thereto or conference report
thereon, that contains recommendations with respect to the old-age,
survivors, and disability insurance program established under title II
of the Social Security Act.
[[Page 1118]]
relative to the reconciliation instructions. A former clause 7 of rule
XXI placed restrictions on reconciliation directives relative to direct
spending.
The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
II, P.L. 99-177) amended subsection (a) to eliminate a requirement that
Congress complete action on a subsequent concurrent resolution on the
budget, normally the second for that fiscal year, reaffirming or
revising the most recently agreed to concurrent resolution on the
budget. It also added paragraph (1)(D) to subsection (a) along with new
subsections (b) through (g) to specify the reconciliation process in
greater detail (which previously was permitted in the subsequent budget
resolution of a fiscal year). The Budget Enforcement Act of 1990 (tit.
XIII, P.L. 101-508) amended subsection (c), relating to adjustments to
allocations in the Senate, and deleted from subsection (f) a June 15
deadline for congressional action on reconciliation. The Budget
Enforcement Act of 1997 (sec. 10111, P.L. 105-33) amended section
310(c)(1)(A) to clarify that committees, in meeting their reconciliation
targets, may alternatively substitute revenue and spending changes by up
to 20 percent of the sum of the absolute value of reconciled changes as
long as the result does not increase the deficit
budget-related legislation must be within appropriate levels
Sec. 311. (a) Enforcement of Budget Aggregates.--
(1) In the house of representatives.--Except as provided by
subsection (c), after the Congress has completed action on a
concurrent resolution on the budget for a fiscal year, it shall
not be in order in the House of Representatives to consider any
bill, joint resolution, amendment, motion, or conference report
providing new budget authority or reducing revenues, if--
(A) the enactment of that bill or resolution as
reported;
(B) the adoption and enactment of that amendment; or
(C) the enactment of that bill or resolution in the
form recommended in that conference report;
would cause the level of total new budget authority or total
outlays set forth in the applicable concurrent resolution on the
budget for the first fiscal year to be exceeded, or would cause
revenues to be less than the level of total revenues set forth
in that concurrent resolution for the first fiscal year or for
the total of that first fiscal year and the ensuing fiscal years
for which allocations are provided under section 302(a), except
when a declaration of war by the Congress is in effect.
(2) In the senate.--After a concurrent resolution on the
budget is agreed to, it shall not be in order in the Senate to
consider any bill, joint resolution, amendment, motion, or
conference report that--
(A) would cause the level of total new budget
authority or total outlays set forth for the first
fiscal year in the applicable resolution to be exceeded;
or
(B) would cause revenues to be less than the level of
total revenues set forth for that first fiscal year or
for the total of that first fiscal year and the ensuing
fiscal years in the applicable resolution for which
allocations are provided under section 302(a).
(3) Enforcement of social security levels in the senate.--
After a concurrent resolution on the budget is agreed to, it
shall not be in order in the Senate to consider any bill, joint
[[Page 1119]]
resolution, amendment,
motion, or conference report that would cause a decrease in
social security surpluses or an increase in social security
deficits relative to the levels set forth in the applicable
resolution for the first fiscal year or for the total of that
fiscal year and the ensuing fiscal years for which allocations
are provided under section 302(a).
(b) Social Security Levels.--
(1) In General.--For purposes of subsection (a)(3), social
security surpluses equal the excess of social security revenues
over social security outlays in a fiscal year or years with such
an excess and social security deficits equal the excess of
social security outlays over social security revenues in a
fiscal year or years with such an excess.
(2) Tax Treatment.--For purposes of subsection (a)(3), no
provision of any legislation involving a change in chapter 1 of
the Internal Revenue Code of 1986 shall be treated as affecting
the amount of social security revenues or outlays unless that
provision changes the income tax treatment of social security
benefits.
(c) Exception in the House of Representatives.--Subsection (a)(1)
shall not apply in the House of Representatives to any bill, joint
resolution, or amendment that provides new budget authority for a fiscal
year or to any conference report on any such bill or resolution, if--
(1) the enactment of that bill or resolution as reported;
(2) the adoption and enactment of that amendment; or
(3) the enactment of that bill or resolution in the form
recommended in that conference report;
would not cause the appropriate allocation of new budget authority made
pursuant to section 302(a) for that fiscal year to be exceeded.
[[Page 1120]]
authority''; (2) modifying Senate procedure; and (3) enforcing the
revenue level for the same multiyear period covered by the allocations
under section 302(a).
The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
subsection (a) by: (1) standardizing its application to any bill, joint
resolution, amendment, motion, or conference report; (2) adding the
exception for the case of a declaration of war; and (3) adding a new
paragraph (2) relating to Senate procedure. The Balanced Budget and
Emergency Deficit Control Act of 1985 (tit. II, P.L. 99-177) made
important changes in this section by codifying in subsection (b) the
exception for the House that previously had appeared in the budget
resolution, and by adding subsection (c). The Budget Enforcement Act of
1997 (sec. 10112, P.L. 105-33) further amended this section by: (1)
eliminating references to ``new entitlement
Clause 8 of rule XXI, adopted in the 110th Congress, provides that
points of order under title III of the Budget Act apply to unreported
measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5,
2007)). Previously, a point of order under section 311(a) operated with
respect to a bill or joint resolution in its reported state and thus did
not lie against consideration of an unreported measure (Mar. 21, 1995,
p. 8491). The budget resolution deemed in place for fiscal year 2005
provided that, for purposes of titles II and III of the Budget Act, the
term ``amendment'' or ``amendment thereto'' means an amendment offered
or an amendment made in order as original text or considered as adopted
by special order of the House (sec. 406, S. Con. Res. 95, 108th Cong.,
May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May 19, 2004,
p. 10105, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p.
44). The House has adopted resolutions to deem budget resolutions, or
portions thereof, to be in place for temporary enforcement (see
annotations under section 301(b) of this Act). A point of order under
this section is untimely after consideration of the measure has begun
(July 11, 2014, p. 11815).
To an appropriation bill already containing new budget outlays in
excess of the total level permitted by the second concurrent resolution
on the budget for that fiscal year, where the bill was considered under
a waiver of section 311(a) of the Budget Act, an amendment striking a
proposed rescission of existing budget authority that had the effect of
causing the net total of new budget authority in the bill to be
increased was ruled out in the House as in violation of section 311(a),
as further exceeding the total budget outlay ceiling in the second
concurrent resolution on the budget (May 12, 1981, pp. 9314, 15). An
amendment that provides no new budget authority or outlays but instead
results in outlay savings is not subject to a point of order under
section 311(a) (June 30, 1987, p. 18308).
The Chair relied on estimates furnished by the Committee on the Budget
to hold that a motion to amend a Senate amendment providing new budget
authority for official mail costs to be available immediately violated
section 311(a) because the appropriate level of new budget authority
contained in the budget resolution had already been exceeded and because
the Appropriations Committee had exceeded its section 302(a) allocation
(thereby rendering the section 311(b) exception inapplicable) (Sept. 28,
1989, p. 22267).
determinations and points of order
[[Page 1121]]
mittee on the Budget of the House of Representatives or the Senate, as
applicable.
Sec. 312. (a) Budget Committee Determinations.--For purposes of this
title and title IV, the levels of new budget authority, outlays, direct
spending, new entitlement authority, and revenues for a fiscal year
shall be determined on the basis of estimates made by the Com
(b) Discretionary Spending Point of Order in the Senate.--
(1) In General.--Except as otherwise provided in this
subsection, it shall not be in order in the Senate to consider
any bill or resolution (or amendment, motion, or conference
report on that bill or resolution) that would exceed any of the
discretionary spending limits in section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(2) Exceptions.--This subsection shall not apply if a
declaration of war by the Congress is in effect or if a joint
resolution pursuant to section 258 of the Balanced Budget and
Emergency Deficit Control Act of 1985 has been enacted.
(c) Maximum Deficit Amount Point of Order in the Senate.--It shall not
be in order in the Senate to consider any concurrent resolution on the
budget for a fiscal year, or to consider any amendment to that
concurrent resolution, or to consider a conference report on that
concurrent resolution, if--
(1) the level of total outlays for the first fiscal year set
forth in that concurrent resolution or conference report
exceeds; or
(2) the adoption of that amendment would result in a level of
total outlays for that fiscal year that exceeds;
the recommended level of Federal revenues for that fiscal year, by an
amount that is greater than the maximum deficit amount, if any,
specified in the Balanced Budget and Emergency Deficit Control Act of
1985 for that fiscal year.
(d) Timing of Points of Order in the Senate.--A point of order under
this Act may not be raised against a bill, resolution, amendment,
motion, or conference report while an amendment or motion, the adoption
of which would remedy the violation of this Act, is pending before the
Senate.
[[Page 1122]]
effect shall be the same as if the Senate had disagreed to the
amendment.
(e) Points of Order in the Senate Against Amendments Between the
Houses.--Each provision of this Act that establishes a point of order
against an amendment also establishes a point of order in the Senate
against an amendment between the Houses. If a point of order under this
Act is raised in the Senate against an amendment between the Houses and
the point of order is sustained, the
(f) Effect of a Point of Order in the Senate.--In the Senate, if a
point of order under this Act against a bill or resolution is sustained,
the Presiding Officer shall then recommit the bill or resolution to the
committee of appropriate jurisdiction for further consideration.
Section 312 was added by the Budget Enforcement Act of 1990 (tit.
XIII, P.L. 101-508). The section was amended by the Budget Enforcement
Act of 1997 (sec. 10113, P.L. 105-33) to: (1) clarify the responsibility
of the Committee on the Budget to provide estimates to the Chair upon
which points of order under the Congressional Budget Act are evaluated;
and (2) modify Senate procedure. Pursuant to clause 4 of rule XXIX,
estimates may be provided by the chair of the Committee on the Budget.
The concurrent resolution on the budget for fiscal year 2000 included
a point of order against consideration in the House or Senate of a
concurrent resolution on the budget for fiscal year 2001, or any
amendment thereto or conference report thereon, that sets forth a
deficit for any fiscal year (as determined by the Committee on the
Budget) (sec. 201, H. Con. Res. 68, 106th Cong., Apr. 13, 1999, p.
6337). The House in the 115th Congress provided that certain conveyances
of Federal land not be considered as providing new budget authority,
decreasing revenues, increasing mandatory spending, or increasing
outlays (sec. 3(q), H. Res. 5, Jan. 3, 2017, p. _).
extraneous matter in reconciliation legislation
Sec. 313. (a) In General.--When the Senate is considering a
reconciliation bill or a reconciliation resolution pursuant to section
310 (whether that bill or resolution originated in the Senate or the
House) or section 258C of the Balanced Budget and Emergency Deficit
Control Act of 1985, upon a point of order being made by any Senator
against material extraneous to the instructions to a committee which is
contained in any title or provision of the bill or resolution or offered
as an amendment to the bill or resolution, and the point of order is
sustained by the Chair, any part of said title or provision that
contains material extraneous to the instructions to said Committee as
defined in subsection (b) shall be deemed stricken from the bill and may
not be offered as an amendment from the floor.
[[Page 1123]]
produce a change in outlays or revenue, including changes in outlays and
revenues brought about by changes in the terms and conditions under
which outlays are made or revenues are required to be collected (but a
provision in which outlay decreases or revenue increases exactly offset
outlay increases or revenue decreases shall not be considered extraneous
by virtue of this subparagraph); (B) any provision producing an increase
in outlays or decrease in revenues shall be considered extraneous if the
net effect of provisions reported by the Committee reporting the title
containing the provision is that the Committee fails to achieve its
reconciliation instructions; (C) a provision that is not in the
jurisdiction of the Committee with jurisdiction over said title or
provision shall be considered extraneous; (D) a provision shall be
considered extraneous if it produces changes in outlays or revenues
which are merely incidental to the non-budgetary components of the
provision; (E) a provision shall be considered to be extraneous if it
increases, or would increase, net outlays, or if it decreases, or would
decrease, revenues during a fiscal year after the fiscal years covered
by such reconciliation bill or reconciliation resolution, and such
increases or decreases are greater than outlay reductions or revenue
increases resulting from other provisions in such title in such year;
and (F) a provision shall be considered extraneous if it violates
section 310(g).
(b) Extraneous Provisions.--(1)(A) Except as provided in paragraph
(2), a provision of a reconciliation bill or reconciliation resolution
considered pursuant to section 310 shall be considered extraneous if
such provision does not
[[Page 1124]]
sion will be likely to produce a significant reduction in outlays or
increase in revenues but, due to insufficient data, such reduction or
increase cannot be reliably estimated.
(2) A Senate-originated provision shall not be considered extraneous
under paragraph (1)(A) if the Chairman and Ranking Minority Member of
the Committee on the Budget and the Chairman and Ranking Minority Member
of the Committee which reported the provision certify that: (A) the
provision mitigates direct effects clearly attributable to a provision
changing outlays or revenue and both provisions together produce a net
reduction in the deficit; (B) the provision will result in a substantial
reduction in outlays or a substantial increase in revenues during fiscal
years after the fiscal years covered by the reconciliation bill or
reconciliation resolution; (C) a reduction of outlays or an increase in
revenues is likely to occur as a result of the provision, in the event
of new regulations authorized by the provision or likely to be proposed,
court rulings on pending litigation, or relationships between economic
indices and stipulated statutory triggers pertaining to the provision,
other than the regulations, court rulings or relationships currently
projected by the Congressional Budget Office for scorekeeping purposes;
or (D) such provi
(3) A provision reported by a committee shall not be considered
extraneous under paragraph (1)(C) if (A) the provision is an integral
part of a provision or title, which if introduced as a bill or
resolution would be referred to such committee, and the provision sets
forth the procedure to carry out or implement the substantive provisions
that were reported and which fall within the jurisdiction of such
committee; or (B) the provision states an exception to, or a special
application of, the general provision or title of which it is a part and
such general provision or title if introduced as a bill or resolution
would be referred to such committee.
(c) Extraneous Materials.--Upon the reporting or discharge of a
reconciliation bill or resolution pursuant to section 310 in the Senate,
and again upon the submission of a conference report on such a
reconciliation bill or resolution, the Committee on the Budget of the
Senate shall submit for the record a list of material considered to be
extraneous under subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this
section to the instructions of a committee as provided in this section.
The inclusion or exclusion of a provision shall not constitute a
determination of extraneousness by the Presiding Officer of the Senate.
(d) Conference Reports.--When the Senate is considering a conference
report on, or an amendment between the Houses in relation to, a
reconciliation bill or reconciliation resolution pursuant to section
310, upon--
(1) a point of order being made by any Senator against
extraneous material meeting the definition of subsections
(b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F), and
[[Page 1125]]
stricken. Any such motion in the Senate shall be debatable for two
hours. In any case in which such point of order is sustained against a
conference report (or Senate amendment derived from such conference
report by operation of this subsection), no further amendment shall be
in order.
(2) such point of order being sustained,
such material contained in such conference report or amendment shall be
deemed stricken, and the Senate shall proceed, without intervening
action or motion, to consider the question of whether the Senate shall
recede from its amendment and concur with a further amendment, or concur
in the House amendment with a further amendment, as the case may be,
which further amendment shall consist of only that portion of the
conference report or House amendment, as the case may be, not so
(e) General Point of Order.--Notwithstanding any other law or rule of
the Senate, it shall be in order for a Senator to raise a single point
of order that several provisions of a bill, resolution, amendment,
motion, or conference report violate this section. The Presiding Officer
may sustain the point of order as to some or all of the provisions
against which the Senator raised the point of order. If the Presiding
Officer so sustains the point of order as to some of the provisions
(including provisions of an amendment, motion, or conference report)
against which the Senator raised the point of order, then only those
provisions (including provisions of an amendment, motion, or conference
report) against which the Presiding Officer sustains the point of order
shall be deemed stricken pursuant to this section. Before the Presiding
Officer rules on such a point of order, any Senator may move to waive
such a point of order as it applies to some or all of the provisions
against which the point of order was raised. Such a motion to waive is
amendable in accordance with the rules and precedents of the Senate.
After the Presiding Officer rules on such a point of order, any Senator
may appeal the ruling of the Presiding Officer on such a point of order
as it applies to some or all of the provisions on which the Presiding
Officer ruled.
Section 313, popularly known as the ``Byrd Rule,'' was added by the
Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508). The Budget
Enforcement Act of 1997 effected a technical correction to this section
(sec. 10113, P.L. 105-33).
adjustments
[[Page 1126]]
Sec. 314. (a) Adjustments.--After the reporting of a bill or joint
resolution or the offering of an amendment thereto or the submission of
a conference report thereon, the chairman of the Committee on the Budget
of the House of Representatives or the Senate may make appropriate
budgetary adjustments of new budget authority and the outlays flowing
therefrom in the same amount as required by section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
(b) Application of Adjustments.--The adjustments made pursuant to
subsection (a) for legislation shall--
(1) apply while that legislation is under consideration;
(2) take effect upon the enactment of that legislation; and
(3) be published in the Congressional Record as soon as
practicable.
(c) Reporting Revised Suballocations.--Following any adjustment made
under subsection (a), the Committees on Appropriations of the Senate and
the House of Representatives may report appropriately revised
suballocations under section 302(b) to carry out this section.
(d) Emergencies in the House of Representatives.--(1) In the House of
Representatives, if a reported bill or joint resolution, or amendment
thereto or conference report thereon, contains a provision providing new
budget authority and outlays or reducing revenue, and a designation of
such provision as an emergency requirement pursuant to 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, the chair
of the Committee on the Budget of the House of Representatives shall not
count the budgetary effects of such provision for purposes of title III
and title IV of the Congressional Budget Act of 1974 and the Rules of
the House of Representatives.
(2)(A) In the House of Representatives, a proposal to strike a
designation under paragraph (1) shall be excluded from an evaluation of
budgetary effects for purposes of this title and title IV and the Rules
of the House of Representatives.
(B) An amendment offered under subparagraph (A) that also proposes to
reduce each amount appropriated or otherwise made available by the
pending measure that is not required to be appropriated or otherwise
made available shall be in order at any point in the reading of the
pending measure.
(e) Senate Point of Order Against an Emergency Designation.--
(1) In General.--When the Senate is considering a bill,
resolution, amendment, motion, amendment between the Houses, or
conference report, if a point of order is made by a Senator
against an emergency designation in that measure, that provision
making such a designation shall be stricken from the measure and
[[Page 1127]]
may not be offered as an amendment from the floor.
(2) Supermajority Waiver and Appeals.--
(A) Waiver.--Paragraph (1) may be waived or suspended
in the Senate only by an affirmative vote of three-
fifths of the Members, duly chosen and sworn.
(B) Appeals.--Appeals in the Senate from the decisions
of the Chair relating to any provision of this
subsection shall be limited to 1 hour, to be equally
divided between, and controlled by, the appellant and
the manager of the bill or joint resolution, as the case
may be. An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn, shall be
required to sustain an appeal of the ruling of the Chair
on a point of order raised under this subsection.
(3) Definition of an Emergency Designation.--For purposes of
paragraph (1), a provision shall be considered an emergency
designation if it designates any item pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(4) Form of the point of order.--A point of order under
paragraph (1) may be raised by a Senator as provided in section
313(e) of the Congressional Budget Act of 1974.
(5) Conference Reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a bill, upon a point of order being made by any
Senator pursuant to this section, and such point of order being
sustained, such material contained in such conference report
shall be deemed stricken, and the Senate shall proceed to
consider the question of whether the Senate shall recede from
its amendment and concur with a further amendment, or concur in
the House amendment with a further amendment, as the case may
be, which further amendment shall consist of only that portion
of the conference report or House amendment, as the case may be,
not so stricken. Any such motion in the Senate shall be
debatable. In any case in which such point of order is sustained
against a conference report (or Senate amendment derived from
such conference report by operation of this subsection), no
further amendment shall be in order.
[[Page 1128]]
the Senate to consider any bill, joint resolution, amendment, motion, or
conference report that would cause the discretionary spending limits as
set forth in section 251 of the Balanced Budget and Emergency Deficit
Control Act to be exceeded.
(f) Enforcement of Discretionary Spending Caps.--It shall not be in
order in the House of Representatives or
(g) Adjustment for Reemployment Services and Eligibilty Assessments.--
(1) In General.--
(A) Adjustments.--If the Committee on Appropriations
of either House reports an appropriation measure for any
of fiscal years 2022 through 2027 that provides budget
authority for grants under section 306 of the Social
Security Act, or if a conference committee submits a
conference report thereon, the chairman of the Committee
on the Budget of the House of Representatives or the
Senate shall make the adjustments referred to in
subparagraph (B) to reflect the additional new budget
authority provided for such grants in that measure or
conference report and the outlays resulting therefrom,
consistent with subparagraph (D).
(B) Types of Adjustments.--The adjustments referred to
in this subparagraph consist of adjustments to--
(i) the discretionary spending limits for that
fiscal year as set forth in the most recently
adopted concurrent resolution on the budget;
(ii) the allocations to the Committee on
Appropriations of the Senate and the House of
Representatives for that fiscal year under section
302(a); and
(iii) the appropriate budget aggregates for that
fiscal year in the most recently adopted concurrent
resolution on the budget.
(C) Enforcement.--The adjusted discretionary spending
limits, allocations, and aggregates under this paragraph
shall be considered the appropriate limits, allocations,
and aggregates for purposes of congressional enforcement
of this Act and concurrent budget resolutions under this
Act.
(D) Limitation.--No adjustment may be made under this
subsection in excess of--
(i) for fiscal year 2022, $133,000,000;
(ii) for fiscal year 2023, $258,000,000;
[[Page 1129]]
(iii) for fiscal year 2024, $433,000,000;
(iv) for fiscal year 2025, $533,000,000;
(v) for fiscal year 2026, $608,000,000; and
(vi) for fiscal year 2027, $633,000,000.
(E) Definition.--As used in this subsection, the term
``additional new budget authority'' means the amount
provided for a fiscal year, in excess of $117,000,000,
in an appropriation measure or conference report (as the
case may be) and specified to pay for grants to States
under section 306 of the Social Security Act.
(2) Report on 302(b) Level.-- Following any adjustment made
under paragraph (1), the Committees on Appropriations of the
Senate and the House of Representatives may report appropriately
revised suballocations pursuant to section 302(b) to carry out
this subsection.
[[Page 1130]]
This section was added by the Budget Enforcement Act of 1997 (sec.
10114, P.L. 105-33). Subsection (b)(6) was added by the Adoption and
Safe Families Act of 1997 (sec. 201(b), P.L. 105-89). Subsection (a) was
amended and subsections (d) and (e) (later redesignated as (f)) were
added by the Budget Control Act of 2011 (sec. 105, P.L. 112-25).
Subsection (d)(2) was amended by the Bipartisan Budget Act of 2013 (div.
A, P.L. 113-67) to strike a subparagraph (A) that was erroneously
duplicative of subsection (d)(1). Subsection (e) was added by the
Temporary Payroll Tax Cut Continuation Act of 2011 (sec. 511, P.L. 112-
78). Subsection (g) was added by the Bipartisan Budget Act of 2018 (sec.
30206(d), P.L. 115-123). Budget resolutions have provided that new
budget authority, new entitlement authority, outlays, and receipts
designated as an emergency in bills, joint resolutions, amendments, or
conference reports are not cognizable under specified sections of title
III and IV of the Budget Act. The budget resolutions also have required
to be included in a committee report, joint statement of managers, or
the Congressional Record an explanation of how an emergency item meets
certain criteria (sec. 502, H. Con. Res. 95, 108th Cong.; sec. 402, S.
Con. Res. 95, 108th Cong., May 19, 2004, deemed in place by H. Res. 649,
108th Cong., May 19, 2004, p. 10105, and by sec. 3(a)(4), H. Res. 5,
109th Cong., Jan. 4, 2005, p. 44; sec. 402, H. Con. Res. 95, 109th
Cong.; sec. 204, S. Con. Res. 21, 110th Cong.; sec. 301, S. Con. Res.
70, 110th Cong.). The budget resolution adopted by the House in 2006
provided a specific amount of emergency spending that, to be exceeded,
would require a vote of the Committee on the Budget to raise the
relevant 302 allocation (sec. 501, H. Con. Res. 376, 109th Cong., May
18, 2006). In the absence of a budget resolution, the House has enabled
the designation of budget authority or revenue as an emergency (sec.
3(c), H. Res. 5, Jan. 5, 2011, p. 80).
effect of adoption of a special order of business in the house of
representatives
Sec. 315. For purposes of a reported bill or joint resolution
considered in the House of Representatives pursuant to a special order
of business, the term ``as reported'' in this title or title IV shall be
considered to refer to the text made in order as an original bill or
joint resolution for the purpose of amendment or to the text on which
the previous question is ordered directly to passage, as the case may
be. In the case of a reported bill or joint resolution considered
pursuant to a special order of business, a point of order under section
303 shall be determined on the basis of the text made in order as an
original bill or joint resolution for the purpose of amendment or to the
text on which the previous question is ordered directly to passage, as
the case may be.
This section was added by the Budget Enforcement Act of 1997 (sec.
10115, P.L. 105-33). The second sentence was added by the Bipartisan
Budget Act of 2013 (div. A, P.L. 113-67), codifying separate orders
adopted by the House from the 106th through 113th Congresses (see
annotations under section 303 of this Act). See clause 8 of rule XXI for
similar treatment of unreported bills under title III of the
Congressional Budget Act.
The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508)
established a new title VI that placed temporary limits on discretionary
spending and provided mechanisms for enforcement that included those
found in title III of the Congressional Budget Act, which was extended
by the Omnibus Budget Reconciliation Act of 1993 (tit. XIV, P.L. 103-
66). Title VI was repealed by the Budget Enforcement Act of 1997 (sec.
10118, P.L. 105-33). For the text of title VI, see the House Rules and
Manual for the 104th Congress (H. Doc. 103-342).
TITLE IV--ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES
Part A--General Provisions
budget-related legislation not subject to appropriations
Sec. 401. (a) Controls on Certain Budget-related Legislation Not
Subject to Appropriations.--It shall not be in order in either the House
of Representatives or the Senate to consider any bill or joint
resolution (in the House of Representatives only, as reported),
amendment, motion, or conference report that provides--
(1) new authority to enter into contracts under which the
[[Page 1131]]
United States is obligated to make outlays;
(2) new authority to incur indebtedness (other than
indebtedness incurred under chapter 31 of title 31 of the United
States Code) for the repayment of which the United States is
liable; or
(3) new credit authority;
unless that bill, joint resolution, amendment, motion, or conference
report also provides that the new authority is to be effective for any
fiscal year only to the extent or in the amounts provided in advance in
appropriation Acts.
(b) Legislation Providing New Entitlement Authority.--
(1) Point of order.--It shall not be in order in either the
House of Representatives or the Senate to consider any bill or
joint resolution (in the House of Representatives only, as
reported), amendment, motion, or conference report that provides
new entitlement authority that is to become effective during the
current fiscal year.
(2) If any committee of the House of Representatives or the
Senate reports any bill or resolution which provides new
entitlement authority which is to become effective during a
fiscal year and the amount of new budget authority which will be
required for such fiscal year if such bill or resolution is
enacted as so reported exceeds the appropriate allocation of new
budget authority reported under section 302(a) in connection
with the most recently agreed to concurrent resolution on the
budget for such fiscal year, such bill or resolution shall then
be referred to the Committee on Appropriations of the Senate or
may then be referred to the Committee on Appropriations of the
House, as the case may be, with instructions to report it, with
the committee's recommendations, within 15 calendar days (not
counting any day on which that House is not in session)
beginning with the day following the day on which it is so
referred. If the Committee on Appropriations of either House
fails to report a bill or resolution referred to it under this
paragraph within such 15-day period, the committee shall
automatically be discharged from further consideration of such
bill or resolution and such bill or resolution shall be placed
on the appropriate calendar.
(3) The Committee on Appropriations of each House shall have
jurisdiction to report any bill or resolution referred to it
[[Page 1132]]
under paragraph (2) with an amendment
which limits the total amount of new spending authority provided
in such bill or resolution.
(c) Exceptions.--
(1) Subsections (a) and (b) shall not apply to new authority
described in those subsections if outlays from that new
authority [will]\1\ flow--
---------------------------------------------------------------------------
\1\Paragraph (4)(A) of section 10116(a) of Public Law 105-
33 amended this provision as shown above. However, the word ``will''
probably should have appeared in the matter proposed to be stricken by
that public law.
---------------------------------------------------------------------------
(A) from a trust fund established by the Social
Security Act (as in effect on the date of the enactment
of this Act); or
(B) from any other trust fund, 90 percent or more of
the receipts of which consist or will consist of amounts
(transferred from the general fund of the Treasury)
equivalent to amounts of taxes (related to the purposes
for which such outlays are or will be made) received in
the Treasury under specified provisions of the Internal
Revenue Code of 1954.
(2) Subsections (a) and (b) shall not apply to new authority
described in those subsections to the extent that--
(A) the outlays resulting therefrom are made by an
organization which is (i) a mixed-ownership Government
corporation (as defined in section 201 of the Government
Corporation Control Act), or (ii) a wholly owned
Government corporation (as defined in section 101 of
such Act) which is specifically exempted by law from
compliance with any or all of the provisions of that
Act, as of the date of enactment of the Balanced Budget
and Emergency Deficit Control Act of 1985; or
(B) the outlays resulting therefrom consist
exclusively of the proceeds of gifts or bequests made to
the United States for a specific purpose.
(3) In the House of Representatives, subsections (a) and (b)
shall not apply to new authority described in those subsections
to the extent that a provision in a bill or joint resolution, or
an amendment thereto or a conference report thereon, establishes
prospectively for a Federal office or position a specified or
minimum level of compensation to be funded by annual
[[Page 1133]]
discretionary appropriations.
The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
II, P.L. 99-177) amended subsection (a) by substituting the phrase
``spending authority'' for ``contract or borrowing authority'' and
extended the point of order to conference reports, consistent with House
precedent. The Balanced Budget and Emergency Deficit Control Act of 1985
(tit. II, P.L. 99-177) left the subsection entitled ``exceptions''
intact except to clarify the application of section 401 to Government
corporations created after December 12, 1985. The Budget Enforcement Act
of 1990 (tit. XIII, P.L. 101-508) amended subsections (a) and (b)(1) to
standardize their application to any bill, joint resolution, amendment,
motion, or conference report. The Budget Enforcement Act of 1997 (sec.
10116, P.L. 105-33): (1) repealed section 402, collapsing the point of
order under that section into section 401; (2) repealed the definition
of ``new spending authority,'' while shifting the definition of new
entitlement authority to section 3; and (3) converted the mandatory
referral of measures providing new entitlement authority to the
Appropriations Committee to discretionary referral of such measures. The
Bipartisan Budget Act of 2013 (div. A, P.L. 113-67) added subsection
(c)(3), codifying separate orders adopted by the House in the 109th and
110th Congresses (sec. 3(a)(3), H. Res. 5, Jan. 4, 2005, p. 44; sec.
511(a)(3), H. Res. 6, Jan. 4, 2007, p. 19 (adopted Jan. 5, 2007)). The
107th, 108th, 111th, 112th, and 113th Congresses had adopted similar
orders regarding entitlement authority, but they were not limited to
section 401 (sec. 3(b)(3), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(3),
H. Res. 5, Jan. 7, 2003, p. 10; sec. 3(a)(3), H. Res. 5, Jan. 6, 2009,
p. 9; sec. 3(a)(3), H. Res. 5, Jan. 5, 2011, p. 80; sec. 3(b)(3), H.
Res. 5, Jan. 3, 2013, p. 26). The 106th Congress adopted a temporary
version of that order (sec. 2(a)(2), H. Res. 5, Jan. 6, 1999, p. 47),
which expired upon the adoption of the budget resolution for fiscal year
2000. Before these orders, an amendment establishing a new executive
position at compensation level II but subjecting its salary to the
appropriation process was held not to provide new entitlement authority
(Mar. 26, 1992, p. 7203).
[[Page 1134]]
Government notes as a public debt transaction to make payments in
connection with defaults on loans by medical students, not subject to
amounts specified in advance by appropriation Acts, was ruled out of
order as violating section 401(a) (Sept. 27, 1976, pp. 32655-704).
Language in a bill authorizing receipts from loans under certain
legislation to be made available for designated purposes was held not to
be ``new spending authority'' that would prohibit the consideration of
the bill under section 401(a) of the Congressional Budget Act, where it
was shown from the term ``authorized'' and from the committee report on
the bill that the amounts of repaid loans must again be appropriated in
appropriation Acts before the funds could be expended (Speaker Albert,
Sept. 10, 1975, p. 28270). A point of order under section 401(a)
operates with respect to a bill or joint resolution in reported state
and thus does not lie against consideration of an unreported measure
(Mar. 21, 1995, p. 8491). Section 401(a) prohibits the consideration of
a bill or amendment, including a conference report, containing new
spending authority to incur indebtedness for the repayment of which the
United States is primarily liable, the budget authority for which is not
provided in advance by appropriation Acts. Thus a conference report
authorizing a Secretary to borrow funds by issuing
A point of order under section 401(b) operates with respect to a bill
or joint resolution in reported state and thus does not lie against
consideration of an unreported measure (Mar. 21, 1995, p. 8491).
A conference report (filed in 1976 to accompany a bill originally
reported in the House in calendar year 1975) requiring the Secretary of
Agriculture to pay a cost of transporting agricultural commodities to
major disaster areas upon the date of enactment was held to constitute
new spending ``entitlement'' authority that could become effective
before the fiscal year beginning during the calendar year in which the
bill had been reported from conference, in violation of section
401(b)(1), and the conference report was ruled out of order (Speaker
Albert, Sept. 23, 1976, pp. 32099, 32100). A Senate amendment providing
new spending ``entitlement'' authority for adjustment assistance under
the Trade Act of 1974, by requiring the Secretary of Labor to certify a
new group of workers as eligible beginning on the day before to the
start of the ensuing fiscal year, was conceded to violate section
401(b)(1), and a motion to concur was ruled out on that point of order
(June 26, 1986, p. 15729). Where an amendment contained new entitlement
authority in the form of retirement benefits to certain Federal
employees, the Chair contemplated immediate enactment in his
determination that the new entitlement authority became effective before
the fiscal year beginning during the calendar year in which the pending
bill was reported (May 9, 1995, p. 12178).
[[Page 1135]]
Agriculture amending the Food and Agriculture Act to increase certain
commodity target prices of 1979 crops, thereby providing new entitlement
authority for fiscal year 1980 in excess of the amount allocated to that
committee under the first budget resolution, and a bill reported from
the Committee on Ways and Means increasing eligibility and payments for
child welfare and social services under the Social Security Act,
providing new entitlement authority in excess of the net amount of such
authority allocated to that committee under the first budget resolution,
were discharged from the Union Calendar by the Speaker and referred to
the Appropriations Committee pursuant to section 401(b) (Speaker
O'Neill, June 5, 1979, p. 13385; June 6, 1979, p. 13665). The Speaker
may exercise the referral authority under section 401(b), whether or not
the committee has filed its report under section 302(b) of the Budget
Act, where the budget authority for the entitlement bill has been
assumed in the budget resolution and would be included in the
committee's 302(b) report, but where the budget authority for such bill
exceeds the net amount of such authority allocated to the reporting
committee, because the budget resolution assumes the reporting of other
legislation, decreasing other programs for the year in question, that
has yet to be reported (Speaker O'Neill, June 6, 1979, p. 13665).
Where a committee had not yet filed with the House a report
subdividing among its subcommittees or by programs new entitlement
authority allocated to that committee in the joint statement
accompanying a conference report on a concurrent resolution on the
budget, formerly required under section 302(a), the Speaker under
section 401(b) referred to the Appropriations Committee for the 15-day
period a bill reported by that committee that exceeded the total
entitlement authority allocated to that committee in the joint
statement, and also referred a subsequent bill reported by that
committee that contained new entitlement authority (Speaker Albert, May
17, 1976, p. 14093; Aug. 25, 1976, p. 27775). During the efficacy of
title VI, section 401(b)(2) had no practical effect because that section
remained linked to section 302 rather than the overriding section 602.
Before consideration of a bill in the Committee of the Whole, the
Speaker may discharge from the Union Calendar and refer to the
Appropriations Committee for 15 days, pursuant to section 401(b), a bill
that has been reported providing new entitlement authority in excess of
the total amount allocated to the reporting committee (Speaker O'Neill,
Sept. 8, 1977, p. 28153; Sept. 8, 1978, p. 28543) even if the bill was
reported before final adoption of the first budget resolution (Speaker
O'Neill, July 19, 1978, pp. 21786, 21787; May 21, 1981, p. 10622). A
bill reported from the Committee on
Although the former definition of new spending authority in section
401(c)(2) did not include the authority to insure or guarantee the
repayment of indebtedness incurred by another person or government (as
where the authority to incur contractual obligations to insure or
guarantee another person's debt is a contingent liability of the United
States), the authority to make payments in connection with defaults that
have already occurred was conceded to constitute a primary liability of
the United States to incur indebtedness and to require budget authority
in advance in appropriation Acts (Sept. 27, 1976, pp. 32655-704). A
provision that requires payments to individuals meeting certain
qualifications, but that also contains an authorization for
appropriations to make such payments and a provision that if sums
appropriated pursuant thereto are insufficient to make payments, then
payments be ratably reduced to the amounts of appropriations actually
made, does not constitute new entitlement authority (Sept. 13, 1983, p.
23884).
The former definition of new entitlement authority did not include
revenue-sharing spending authority in the form of entitlements, because
the exception from the definition of new spending authority for revenue-
sharing programs did not apply to new entitlement authority for future
fiscal years (Speaker Albert, Sept. 30, 1976, pp. 34074-100).
analysis by congressional budget office
[[Page 1136]]
cept the Committee on Appropriations of each House), and submit to such
committee--
Sec. 402. The Director of the Congressional Budget Office shall, to
the extent practicable, prepare for each bill or resolution of a public
character reported by any committee of the House of Representatives or
the Senate (ex
(1) an estimate of the costs which would be incurred in
carrying out such bill or resolution in the fiscal year in which
it is to become effective and in each of the 4 fiscal years
following such fiscal year, together with the basis for each
such estimate;
(2) a comparison of the estimates of costs described in
paragraph (1), with any available estimates of costs made by
such committee or by any Federal agency; and
(3) a description of each method for establishing a Federal
financial commitment contained in such bill or resolution.
The estimates, comparison, and description so submitted shall be
included in the report accompanying such bill or resolution if timely
submitted to such committee before such report is filed.
* * * * *
The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
II, P.L. 99-177) amended this section by adding paragraph (4) to
subsection (a), along with a conforming change to the second sentence of
that subsection. Public Law 97-108 previously amended section 403 by
adding subsections (a)(2), (b), and (c). The Unfunded Mandates Reform
Act of 1995 deleted from this section a requirement that the Director
estimate costs incurred by State and local governments, in favor of a
more particularized requirement in section 424, infra (sec. 104, P.L.
104-4; 109 Stat. 62). The Budget Enforcement Act of 1997 (sec. 10116,
P.L. 105-33) redesignated this section, formerly section 403, as section
402. A committee cost estimate identifying certain spending authority as
recurring annually and indefinitely was held necessarily to address the
five-year period required by section 308 (Nov. 20, 1993, p. 31354).
During the 102d Congress, former clause 8 of rule XXI required that
certain measures contain a statement of cost by the Congressional Budget
Office (H. Res. 5, Jan. 3, 1991, p. 39).
study by the government accountability office of forms of federal
financial commitment that are not reviewed annually by congress
[[Page 1137]]
months after the effective date of this section. Such report shall be
revised from time to time.
Sec. 404. The Government Accountability Office shall study those
provisions of law which provide mandatory spending and report to the
Congress its recommendations for the appropriate form of financing for
activities or programs financed by such provisions not later than
eighteen
This section, formerly section 405, was redesignated by the Budget
Enforcement Act of 1997 (sec. 10116, P.L. 105-33).
off-budget agencies, programs, and activities
Sec. 405. (a) Notwithstanding any other provision of law, budget
authority, credit authority, and estimates of outlays and receipts for
activities of the Federal budget which are off-budget immediately prior
to the date of enactment of this section, not including activities of
the Federal Old-Age and Survivors Insurance and Federal Disability
Insurance Trust Funds, shall be included in a budget submitted pursuant
to section 1105 of title 31, United States Code, and in a concurrent
resolution on the budget reported pursuant to section 301 or section 304
of this Act and shall be considered, for purposes of this Act, budget
authority, outlays, and spending authority in accordance with
definitions set forth in this Act.
(b) All receipts and disbursements of the Federal Financing Bank with
respect to any obligations which are issued, sold, or guaranteed by a
Federal agency shall be treated as a means of financing such agency for
purposes of section 1105 of title 31, United States Code, and for
purposes of this Act.
This section, formerly section 406, was redesignated by the Budget
Enforcement Act of 1997 (sec. 10116, P.L. 105-33).
member user group
Sec. 406. The Speaker of the House of Representatives, after
consulting with the Minority Leader of the House, may appoint a Member
User Group for the purpose of reviewing budgetary scorekeeping rules and
practices of the House and advising the Speaker from time to time on the
effect and impact of such rules and practices.
[[Page 1138]]
The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
II, P.L. 99-177) added sections 405, 406, and 407 as new sections at the
end of title IV. This section, formerly section 407, was redesignated by
the Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33).
* * * * *
SEC. 421. DEFINITIONS.
Part B--Federal Mandates
For purposes of this part:
(1) Agency.--The term ``agency'' has the same meaning as
defined in section 551(1) of title 5, United States Code, but
does not include independent regulatory agencies.
(2) Amount.--The term ``amount'', with respect to an
authorization of appropriations for Federal financial
assistance, means the amount of budget authority for any Federal
grant assistance program or any Federal program providing loan
guarantees or direct loans.
(3) Direct costs.--The term ``direct costs''--
(A)(i) in the case of a Federal intergovernmental
mandate, means the aggregate estimated amounts that all
State, local, and tribal governments would be required
to spend or would be prohibited from raising in revenues
in order to comply with the Federal intergovernmental
mandate; or
(ii) in the case of a provision referred to in
paragraph (5)(A)(ii), means the amount of Federal
financial assistance eliminated or reduced;
(B) in the case of a Federal private sector mandate,
means the aggregate estimated amounts that the private
sector will be required to spend in order to comply with
the Federal private sector mandate;
(C) shall be determined on the assumption that--
(i) State, local, and tribal governments, and
the private sector will take all reasonable steps
necessary to mitigate the costs resulting from the
Federal mandate, and will comply with applicable
standards of practice and conduct established by
recognized professional or trade associations; and
(ii) reasonable steps to mitigate the costs
shall not include increases in State, local, or
tribal taxes or fees; and
(D) shall not include--
(i) estimated amounts that the State, local, and
tribal governments (in the case of a Federal
[[Page 1139]]
intergovernmental mandate) or the private sec
tor (in the case of a Federal private sector
mandate) would spend--
(I) to comply with or carry out all applicable Federal, State, local,
and tribal laws and regulations in effect at the time of the adoption of
the Federal mandate for the same activity as is affected by that Federal
mandate; or
(II) to comply with or carry out State, local, and tribal governmental
programs, or private-sector business or other activities in effect at the
time of the adoption of the Federal mandate for the same activity as is
affected by that mandate; or
(ii) expenditures to the extent that such
expenditures will be offset by any direct savings to
the State, local, and tribal governments, or by the
private sector, as a result of--
(I) compliance with the Federal mandate; or
(II) other changes in Federal law or regulation that are enacted or
adopted in the same bill or joint resolution or proposed or final Federal
regulation and that govern the same activity as is affected by the Federal
mandate.
(4) Direct savings.--The term ``direct savings'', when used
with respect to the result of compliance with the Federal
mandate--
(A) in the case of a Federal intergovernmental
mandate, means the aggregate estimated reduction in
costs to any State, local, or tribal government as a
result of compliance with the Federal intergovernmental
mandate; and
(B) in the case of a Federal private sector mandate,
means the aggregate estimated reduction in costs to the
private sector as a result of compliance with the
Federal private sector mandate.
(5) Federal intergovernmental mandate.--The term ``Federal
intergovernmental mandate'' means--
(A) any provision in legislation, statute, or
regulation that--
(i) would impose an enforceable duty upon State,
local, or tribal governments, except--
[[Page 1140]]
(I) a condition of Federal assistance; or
(II) a duty arising from participation in a voluntary Federal program,
except as provided in subparagraph (B); or
(ii) would reduce or eliminate the amount of
authorization of appropriations for--
(I) Federal financial assistance that would be provided to State,
local, or tribal governments for the purpose of complying with any such
previously imposed duty unless such duty is reduced or eliminated by a
corresponding amount; or
(II) the control of borders by the Federal Government; or reimbursement
to State, local, or tribal governments for the net cost associated with
illegal, deportable, and excludable aliens, including court-mandated
expenses related to emergency health care, education or criminal justice;
when such a reduction or elimination would result in increased net costs to
State, local, or tribal governments in providing education or emergency
health care to, or incarceration of, illegal aliens; except that this
subclause shall not be in effect with respect to a State, local, or tribal
government, to the extent that such government has not fully cooperated in
the efforts of the Federal Government to locate, apprehend, and deport
illegal aliens; [or]
(B) any provision in legislation, statute, or
regulation that relates to a then-existing Federal
program under which $500,000,000 or more is provided
annually to State, local, and tribal governments under
entitlement authority, if the provision--
(i)(I) would increase the stringency of
conditions of assistance to State, local, or tribal
governments under the program; or
(II) would place caps upon, or otherwise
decrease, the Federal Government's responsibility to
provide funding to State, local, or tribal
governments under the program; and
(ii) the State, local, or tribal governments
that participate in the Federal program lack
authority under that program to amend their
[[Page 1141]]
financial or programmatic responsibilities to con
tinue providing required services that are affected
by the legislation, statute, or regulation.
(6) Federal mandate.--The term ``Federal mandate'' means a
Federal intergovernmental mandate or a Federal private sector
mandate, as defined in paragraphs (5) and (7).
(7) Federal private sector mandate.--The term ``Federal
private sector mandate'' means any provision in legislation,
statute, or regulation that--
(A) would impose an enforceable duty upon the private
sector except--
(i) a condition of Federal assistance; or
(ii) a duty arising from participation in a
voluntary Federal program; or
(B) would reduce or eliminate the amount of
authorization of appropriations for Federal financial
assistance that will be provided to the private sector
for the purposes of ensuring compliance with such duty.
(8) Local government.--The term ``local government'' has the
same meaning as defined in section 6501(6) of title 31, United
States Code.
(9) Private sector.--The term ``private sector'' means all
persons or entities in the United States, including individuals,
partnerships, associations, corporations, and educational and
nonprofit institutions, but shall not include State, local, or
tribal governments.
(10) Regulation; rule.--The term ``regulation'' or ``rule''
(except with respect to a rule of either House of the Congress)
has the meaning of ``rule'' as defined in section 601(2) of
title 5, United States Code.
(11) Small government.--The term ``small government'' means
any small governmental jurisdictions defined in section 601(5)
of title 5, United States Code, and any tribal government.
(12) State.--The term ``State'' has the same meaning as
defined in section 6501(9) of title 31, United States Code.
(13) Tribal government.--The term ``tribal government'' means
any Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or regional or
village corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C.
[[Page 1142]]
1601 et seq.) which is recognized as eligible for the special
programs and services provided by the United States to Indians
because of their special status as Indians.
SEC. 422. EXCLUSIONS.
This part shall not apply to any provision in a bill, joint
resolution, amendment, motion, or conference report before Congress
that--
(1) enforces constitutional rights of individuals;
(2) establishes or enforces any statutory rights that prohibit
discrimination on the basis of race, color, religion, sex,
national origin, age, handicap, or disability;
(3) requires compliance with accounting and auditing
procedures with respect to grants or other money or property
provided by the Federal Government;
(4) provides for emergency assistance or relief at the request
of any State, local, or tribal government or any official of a
State, local, or tribal government;
(5) is necessary for the national security or the ratification
or implementation of international treaty obligations;
(6) the President designates as emergency legislation and that
the Congress so designates in statute; or
(7) relates to the old-age, survivors, and disability
insurance program under title II of the Social Security Act
(including taxes imposed by sections 3101(a) and 3111(a) of the
Internal Revenue Code of 1986 (relating to old-age, survivors,
and disability insurance)).
SEC. 423. DUTIES OF CONGRESSIONAL COMMITTEES.
(a) In General.--When a committee of authorization of the Senate or
the House of Representatives reports a bill or joint resolution of
public character that includes any Federal mandate, the report of the
committee accompanying the bill or joint resolution shall contain the
information required by subsections (c) and (d).
(b) Submission of Bills to the Director.--When a committee of
authorization of the Senate or the House of Representatives orders
reported a bill or joint resolution of a public character, the committee
shall promptly provide the bill or joint resolution to the Director of
the Congressional Budget Office and shall identify to the Director any
Federal mandates contained in the bill or resolution.
(c) Reports on Federal Mandates.--Each report described under
subsection (a) shall contain--
(1) an identification and description of any Federal mandates
in the bill or joint resolution, including the direct costs to
[[Page 1143]]
State, local, and tribal governments,
and to the private sector, required to comply with the Federal
mandates;
(2) a qualitative, and if practicable, a quantitative
assessment of costs and benefits anticipated from the Federal
mandates (including the effects on health and safety and the
protection of the natural environment); and
(3) a statement of the degree to which a Federal mandate
affects both the public and private sectors and the extent to
which Federal payment of public sector costs or the modification
or termination of the Federal mandate as provided under section
425(a)(2) would affect the competitive balance between State,
local, or tribal governments and the private sector including a
description of the actions, if any, taken by the committee to
avoid any adverse impact on the private sector or the
competitive balance between the public sector and the private
sector.
(d) Intergovernmental Mandates.--If any of the Federal mandates in the
bill or joint resolution are Federal intergovernmental mandates, the
report required under subsection (a) shall also contain--
(1)(A) a statement of the amount, if any, of increase or
decrease in authorization of appropriations under existing
Federal financial assistance programs, or of authorization of
appropriations for new Federal financial assistance, provided by
the bill or joint resolution and usable for activities of State,
local, or tribal governments subject to the Federal
intergovernmental mandates;
(B) a statement of whether the committee intends that the
Federal intergovernmental mandates be partly or entirely
unfunded, and if so, the reasons for that intention; and
(C) if funded in whole or in part, a statement of whether and
how the committee has created a mechanism to allocate the
funding in a manner that is reasonably consistent with the
expected direct costs among and between the respective levels of
State, local, and tribal government;
(2) any existing sources of Federal assistance in addition to
those identified in paragraph (1) that may assist State, local,
and tribal governments in meeting the direct costs of the
[[Page 1144]]
Federal intergovernmental mandates; and
(3) if the bill or joint resolution would make the reduction
specified in section 421(5)(B)(i)(II), a statement of how the
committee specifically intends the States to implement the
reduction and to what extent the legislation provides additional
flexibility, if any, to offset the reduction.
(e) Preemption Clarification and Information.--When a committee of
authorization of the Senate or the House of Representatives reports a
bill or joint resolution of public character, the committee report
accompanying the bill or joint resolution shall contain, if relevant to
the bill or joint resolution, an explicit statement on the extent to
which the bill or joint resolution is intended to preempt any State,
local, or tribal law, and, if so, an explanation of the effect of such
preemption.
(f) Publication of Statement From the Director.--
(1) In general.--Upon receiving a statement from the Director
under section 424, a committee of the Senate or the House of
Representatives shall publish the statement in the committee
report accompanying the bill or joint resolution to which the
statement relates if the statement is available at the time the
report is printed.
(2) Other publication of statement of director.--If the
statement is not published in the report, or if the bill or
joint resolution to which the statement relates is expected to
be considered by the Senate or the House of Representatives
before the report is published, the committee shall cause the
statement, or a summary thereof, to be published in the
Congressional Record in advance of floor consideration of the
bill or joint resolution.
SEC. 424. DUTIES OF THE DIRECTOR; STATEMENTS ON BILLS AND JOINT
RESOLUTIONS OTHER THAN APPROPRIATIONS BILLS AND JOINT
RESOLUTIONS.
(a) Federal Intergovernmental Mandates in Reported Bills and
Resolutions.--For each bill or joint resolution of a public character
reported by any committee of authorization of the Senate or the House of
Representatives, the Director of the Congressional Budget Office shall
prepare and submit to the committee a statement as follows:
(1) Contents.--If the Director estimates that the direct cost
of all Federal intergovernmental mandates in the bill or joint
resolution will equal or exceed $50,000,000 (adjusted annually
[[Page 1145]]
for inflation) in the
fiscal year in which any Federal intergovernmental mandate in
the bill or joint resolution (or in any necessary implementing
regulation) would first be effective or in any of the 4 fiscal
years following such fiscal year, the Director shall so state,
specify the estimate, and briefly explain the basis of the
estimate.
(2) Estimates.--Estimates required under paragraph (1) shall
include estimates (and brief explanations of the basis of the
estimates) of--
(A) the total amount of direct cost of complying with
the Federal intergovernmental mandates in the bill or
joint resolution;
(B) if the bill or resolution contains an
authorization of appropriations under section
425(a)(2)(B), the amount of new budget authority for
each fiscal year for a period not to exceed 10 years
beyond the effective date necessary for the direct cost
of the intergovernmental mandate; and
(C) the amount, if any, of increase in authorization
of appropriations under existing Federal financial
assistance programs, or of authorization of
appropriations for new Federal financial assistance,
provided by the bill or joint resolution and usable by
State, local, or tribal governments for activities
subject to the Federal intergovernmental mandates.
(3) Additional flexibility information.--The Director shall
include in the statement submitted under this subsection, in the
case of legislation that makes changes as described in section
421(5)(B)(i)(II)--
(A) if no additional flexibility is provided in the
legislation, a description of whether and how the States
can offset the reduction under existing law; or
(B) if additional flexibility is provided in the
legislation, whether the resulting savings would offset
the reductions in that program assuming the States fully
implement that additional flexibility.
(4) Estimate not feasible.--If the Director determines that it
is not feasible to make a reasonable estimate that would be
required under paragraphs (1) and (2), the Director shall not
make the estimate, but shall report in the statement that the
reasonable estimate cannot be made and shall include the reasons
[[Page 1146]]
for that determination in the statement. If such deter
mination is made by the Director, a point of order under this
part shall lie only under section 425(a)(1) and as if the
requirement of section 425(a)(1) had not been met.
(b) Federal Private Sector Mandates in Reported Bills and Joint
Resolutions.--For each bill or joint resolution of a public character
reported by any committee of authorization of the Senate or the House of
Representatives, the Director of the Congressional Budget Office shall
prepare and submit to the committee a statement as follows:
(1) Contents.--If the Director estimates that the direct cost
of all Federal private sector mandates in the bill or joint
resolution will equal or exceed $100,000,000 (adjusted annually
for inflation) in the fiscal year in which any Federal private
sector mandate in the bill or joint resolution (or in any
necessary implementing regulation) would first be effective or
in any of the 4 fiscal years following such fiscal year, the
Director shall so state, specify the estimate, and briefly
explain the basis of the estimate.
(2) Estimates.--Estimates required under paragraph (1) shall
include estimates (and a brief explanation of the basis of the
estimates) of--
(A) the total amount of direct costs of complying with
the Federal private sector mandates in the bill or joint
resolution; and
(B) the amount, if any, of increase in authorization
of appropriations under existing Federal financial
assistance programs, or of authorization of
appropriations for new Federal financial assistance,
provided by the bill or joint resolution usable by the
private sector for the activities subject to the Federal
private sector mandates.
(3) Estimate not feasible.--If the Director determines that it
is not feasible to make a reasonable estimate that would be
required under paragraphs (1) and (2), the Director shall not
make the estimate, but shall report in the statement that the
reasonable estimate cannot be made and shall include the reasons
for that determination in the statement.
[[Page 1147]]
shall so state and shall briefly explain the basis of the estimate.
(c) Legislation Falling Below the Direct Costs Thresholds.--If the
Director estimates that the direct costs of a Federal mandate will not
equal or exceed the thresholds specified in subsections (a) and (b), the
Director
(d) Amended Bills and Joint Resolutions; Conference Reports.--If a
bill or joint resolution is passed in an amended form (including if
passed by one House as an amendment in the nature of a substitute for
the text of a bill or joint resolution from the other House) or is
reported by a committee of conference in amended form, and the amended
form contains a Federal mandate not previously considered by either
House or which contains an increase in the direct cost of a previously
considered Federal mandate, then the committee of conference shall
ensure, to the greatest extent practicable, that the Director shall
prepare a statement as provided in this subsection or a supplemental
statement for the bill or joint resolution in that amended form.
SEC. 425. LEGISLATION SUBJECT TO POINT OF ORDER.
(a) In General.--It shall not be in order in the Senate or the House
of Representatives to consider--
(1) any bill or joint resolution that is reported by a
committee unless the committee has published a statement of the
Director on the direct costs of Federal mandates in accordance
with section 423(f) before such consideration, except this
paragraph shall not apply to any supplemental statement prepared
by the Director under section 424(d); and
(2) any bill, joint resolution, amendment, motion, or
conference report that would increase the direct costs of
Federal intergovernmental mandates by an amount that causes the
thresholds specified in section 424(a)(1) to be exceeded,
unless--
(A) the bill, joint resolution, amendment, motion, or
conference report provides new budget authority or new
entitlement authority in the House of Representatives or
direct spending authority in the Senate for each fiscal
year for such mandates included in the bill, joint
resolution, amendment, motion, or conference report in
an amount equal to or exceeding the direct costs of such
mandate; or
(B) the bill, joint resolution, amendment, motion, or
conference report includes an authorization for
appropriations in an amount equal to or exceeding the
direct costs of such mandate, and--
(i) identifies a specific dollar amount of the
[[Page 1148]]
direct costs of such mandate for each year up to
10 years during which such mandate shall be in
effect under the bill, joint resolution, amendment,
motion or conference report, and such estimate is
consistent with the estimate determined under
subsection (e) for each fiscal year;
(ii) identifies any appropriation bill that is
expected to provide for Federal funding of the
direct cost referred to under clause (i); and
(iii)(I) provides that for any fiscal year the
responsible Federal agency shall determine whether
there are insufficient appropriations for that
fiscal year to provide for the direct costs under
clause (i) of such mandate, and shall (no later than
30 days after the beginning of the fiscal year)
notify the appropriate authorizing committees of
Congress of the determination and submit either--
(aa) a statement that the agency has determined, based on a re-estimate
of the direct costs of such mandate, after consultation with State, local,
and tribal governments, that the amount appropriated is sufficient to pay
for the direct costs of such mandate; or
(bb) legislative recommendations for either implementing a less costly
mandate or making such mandate ineffective for the fiscal year;
(II) provides for expedited procedures for the
consideration of the statement or legislative
recommendations referred to in subclause (I) by
Congress no later than 30 days after the statement
or recommendations are submitted to Congress; and
(III) provides that such mandate shall--
(aa) in the case of a statement referred to in subclause (I)(aa), cease
to be effective 60 days after the statement is submitted unless Congress
has approved the agency's determination by joint resolution during the 60-
day period;
[[Page 1149]]
(bb) cease to be effective 60 days after the date the legislative
recommendations of the responsible Federal agency are submitted to Congress
under subclause (I)(bb) unless Congress provides otherwise by law; or
(cc) in the case that such mandate that has not yet taken effect,
continue not to be effective unless Congress provides otherwise by law.
(b) Rule of Construction.--The provisions of subsection (a)(2)(B)(iii)
shall not be construed to prohibit or otherwise restrict a State, local,
or tribal government from voluntarily electing to remain subject to the
original Federal intergovernmental mandate, complying with the
programmatic or financial responsibilities of the original Federal
intergovernmental mandate and providing the funding necessary consistent
with the costs of Federal agency assistance, monitoring, and
enforcement.
(c) Committee on Appropriations.--
(1) Application.--The provisions of subsection (a)--
(A) shall not apply to any bill or resolution reported
by the Committee on Appropriations of the Senate or the
House of Representatives; except
(B) shall apply to--
(i) any legislative provision increasing direct
costs of a Federal intergovernmental mandate
contained in any bill or resolution reported by the
Committee on Appropriations of the Senate or House
of Representatives;
(ii) any legislative provision increasing direct
costs of a Federal intergovernmental mandate
contained in any amendment offered to a bill or
resolution reported by the Committee on
Appropriations of the Senate or House of
Representatives;
(iii) any legislative provision increasing
direct costs of a Federal intergovernmental mandate
in a conference report accompanying a bill or
resolution reported by the Committee on
Appropriations of the Senate or House of
Representatives; and
(iv) any legislative provision increasing direct
costs of a Federal intergovernmental mandate
contained in any amendments in disagreement between
the two Houses to any bill or resolution reported by
the Committee on Appropriations of the Senate or
House of Representatives.
(2) Certain provisions stricken in senate.--Upon a point of
order being made by any Senator against any provision listed in
[[Page 1150]]
paragraph (1)(B), and
the point of order being sustained by the Chair, such specific
provision shall be deemed stricken from the bill, resolution,
amendment, amendment in disagreement, or conference report and
may not be offered as an amendment from the floor.
(d) Determinations of Applicability to Pending Legislation.--For
purposes of this section, in the Senate, the presiding officer of the
Senate shall consult with the Committee on Governmental Affairs, to the
extent practicable, on questions concerning the applicability of this
part to a pending bill, joint resolution, amendment, motion, or
conference report.
(e) Determinations of Federal Mandate Levels.--For purposes of this
section, in the Senate, the levels of Federal mandates for a fiscal year
shall be determined based on the estimates made by the Committee on the
Budget.
SEC. 426. PROVISIONS RELATING TO THE HOUSE OF REPRESENTATIVES.
(a) Enforcement in the House of Representatives.--It shall not be in
order in the House of Representatives to consider a rule or order that
waives the application of section 425.
(b) Disposition of Points of Order.--
(1) Application to the house of representatives.--This
subsection shall apply only to the House of Representatives.
(2) Threshold burden.--In order to be cognizable by the Chair,
a point of order under section 425 or subsection (a) of this
section must specify the precise language on which it is
premised.
(3) Question of consideration.--As disposition of points of
order under section 425 or subsection (a) of this section, the
Chair shall put the question of consideration with respect to
the proposition that is the subject of the points of order.
(4) Debate and intervening motions.--A question of
consideration under this section shall be debatable for 10
minutes by each Member initiating a point of order and for 10
minutes by an opponent on each point of order, but shall
otherwise be decided without intervening motion except one that
the House adjourn or that the Committee of the Whole rise, as
the case may be.
(5) Effect on amendment in order as original text.--The
[[Page 1151]]
disposition of the question of consideration
under this subsection with respect to a bill or joint resolution
shall be considered also to determine the question of
consideration under this subsection with respect to an amendment
made in order as original text.
SEC. 427. REQUESTS TO THE CONGRESSIONAL BUDGET OFFICE FROM SENATORS.
At the written request of a Senator, the Director shall, to the extent
practicable, prepare an estimate of the direct costs of a Federal
intergovernmental mandate contained in an amendment of such Senator.
SEC. 428. CLARIFICATION OF APPLICATION.
(a) In General.--This part applies to any bill, joint resolution,
amendment, motion, or conference report that reauthorizes
appropriations, or that amends existing authorizations of
appropriations, to carry out any statute, or that otherwise amends any
statute, only if enactment of the bill, joint resolution, amendment,
motion, or conference report--
(1) would result in a net reduction in or elimination of
authorization of appropriations for Federal financial assistance
that would be provided to State, local, or tribal governments
for use for the purpose of complying with any Federal
intergovernmental mandate, or to the private sector for use to
comply with any Federal private sector mandate, and would not
eliminate or reduce duties established by the Federal mandate by
a corresponding amount; or
(2) would result in a net increase in the aggregate amount of
direct costs of Federal intergovernmental mandates or Federal
private sector mandates other than as described in paragraph
(1).
(b) Direct Costs.--
(1) In general.--For purposes of this part, the direct cost of
the Federal mandates in a bill, joint resolution, amendment,
motion, or conference report that reauthorizes appropriations,
or that amends existing authorizations of appropriations, to
carry out a statute, or that otherwise amends any statute, means
the net increase, resulting from enactment of the bill, joint
resolution, amendment, motion, or conference report, in the
amount described under paragraph (2)(A) over the amount
described under paragraph (2)(B).
(2) Amounts.--The amounts referred to under paragraph (1)
[[Page 1152]]
are--
(A) the aggregate amount of direct costs of Federal
mandates that would result under the statute if the
bill, joint resolution, amendment, motion, or conference
report is enacted; and
(B) the aggregate amount of direct costs of Federal
mandates that would result under the statute if the
bill, joint resolution, amendment, motion, or conference
report were not enacted.
(3) Extension of authorization of appropriations.--For
purposes of this section, in the case of legislation to extend
authorization of appropriations, the authorization level that
would be provided by the extension shall be compared to the
authorization level for the last year in which authorization of
appropriations is already provided.
Part B of title IV was added by the Unfunded Mandates Reform Act of
1995 (sec. 101(a), P.L. 104-4; 109 Stat. 50-60). That Act explicitly
declared that the new part was enacted as an exercise of congressional
rulemaking powers (sec. 108; 109 Stat. 63-64).
[[Page 1153]]
Pursuant to section 426, a Member raising a point of order under
section 425 or 426 must specify the precise language upon which the
point of order is based (see e.g., May 23, 1996, p. 12283; May 14, 2008,
p. 9050), and the content of estimates prepared under section 424 is a
matter for debate (June 8, 2006, p. 10457). A point of order under
section 426 raised against consideration of a resolution providing a
special order of business must specify the precise language upon which
the point of order is based (see e.g., June 10, 1998 p. 11853; June 26,
2001, p. 11906), which may include a waiver of points of order against
amendments (Jan. 28, 2009, p. 1796; May 21, 2014, p. 8827), must be made
when the special order is called up and comes too late after the
resolution has been adopted (July 18, 1996, p. 17668), and may be raised
against a resolution that, by hereby adopting legislative text,
effectively waives the application of section 425 (Feb. 1, 2006, pp.
549, 550). A point of order under section 425 against consideration of a
bill is properly raised pending the Speaker's declaration that the House
resolve into the Committee of the Whole for such consideration (Oct. 29,
1997, p. 23712). A statutorily privileged joint resolution of approval
may be subject to a point of order under section 425 (May 8, 2002, p.
7145). Debate on the point of order is on the question of considering
the underlying text that is the subject of the point of order (May 14,
2008, p. 9051). The Members controlling debate on the point of order may
reserve their time (Mar. 28, 1996, p. 6932), and a manager of a measure
who controls time for debate against the point of order that is to be
resolved by a question of consideration has the right to close debate
(May 1, 1997, p. 7011; June 10, 1998, p. 11854).
* * * * *
TITLE VII--PROGRAM REVIEW AND EVALUATION
continuing study of additional budget reform proposals
Sec. 703. (a) The Committees on the Budget of the House of
Representatives and the Senate shall study on a continuing basis
proposals designed to improve and facilitate methods of congressional
budgetmaking. The proposals to be studied shall include, but are not
limited to, proposals for--
(1) improving the information base required for determining
the effectiveness of new programs by such means as pilot
testing, survey research, and other experimental and analytical
techniques;
(2) improving analytical and systematic evaluation of the
effectiveness of existing programs;
(3) establishing maximum and minimum time limitations for
program authorization; and
(4) developing techniques of human resource accounting and
other means of providing noneconomic as well as economic
evaluation measures.
(b) The Committee on the Budget of each House shall, from time to
time, report to its House the results of the study carried on by it
under subsection (a), together with its recommendations.
(c) Nothing in this section shall preclude studies to improve the
budgetary process by any other committee of the House of Representatives
or the Senate or any joint committee of the Congress.
* * * * *
* * * * *
TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES
exercise of rulemaking powers
Sec. 904. (a) The provisions of this title and of titles I, III, IV,
and V and the provisions of sections 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,
[[Page 1154]]
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) Waivers.--
(1) Permanent.--Sections 305(b)(2), 305(c)(4), 306, 310(d)(2),
313, 904(c), and 904(d) of this Act may be waived or suspended
in the Senate only by the affirmative vote of three-fifths of
the Members, duly chosen and sworn.
(2) Temporary.--Sections 301(i), 302(c), 302(f), 310(g),
311(a), 312(b), 312(c), 314(e), and 314(f) of this Act and
sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1),
258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget
and Emergency Deficit Control Act of 1985 may be waived or
suspended in the Senate only by the affirmative vote of three-
fifths of the Members, duly chosen and sworn.
(d) Appeals.--
(1) Procedure.--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.
(2) Permanent.--An affirmative vote of three-fifths of the
Members, duly chosen and sworn, shall be required in the Senate
to sustain an appeal of the ruling of the Chair on a point of
order raised under sections 305(b)(2), 305(c)(4), 306,
310(d)(2), 313, 904(c), and 904(d) of this Act.
(3) Temporary.--An affirmative vote of three-fifths of the
Members, duly chosen and sworn, shall be required in the Senate
to sustain an appeal of the ruling of the Chair on a point of
order raised under sections 301(i), 302(c), 302(f), 310(g),
[[Page 1155]]
311(a), 312(b),
312(c), 314(e), and 314(f) of this Act and sections
258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1),
258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(e) Expiration of Certain Supermajority Voting Requirements.--
Subsections (c)(2) and (d)(3) shall expire on September 30, 2002.
Section 904 was amended by the Budget Enforcement Act of 1997 (sec.
10119, P.L. 105-33) to clarify points of order in the Senate that may be
waived by a supermajority vote. The expiration in subsection (e) was
extended to 2017 in the budget resolution for fiscal year 2008 (sec.
205, S. Con. Res. 21, 110th Cong.) and was further extended to 2025 in
the budget resolution for fiscal year 2016 (sec. 3201, S. Con. Res. 11,
114th Cong.).
[[Page 1157]]
Pursuant to this section, and under its authority contained in clause
5 of rule XIII (former clause 4(b) of rule XI) to report on rules and
the order of business, the Committee on Rules may report as privileged a
resolution recommending the temporary waiver of the provisions of
section 401 of the Congressional Budget Act during the consideration of
designated legislation in the House (Speaker Albert, Mar. 20, 1975, p.
7676). A point of order against consideration of a resolution reported
from the Committee on Rules providing for consideration of a concurrent
resolution on the budget does not lie based upon alleged violation of a
statute that merely reaffirms the congressional commitment towards
achieving balanced Federal budgets (P.L. 96-389), because the statute
does not constitute a rule of the House and because section 904 of the
Budget Act acknowledges the constitutional authority of either House to
change its rules at any time (June 10, 1982, pp. 13352, 13353). A
unanimous-consent agreement that only permits a (nonprivileged) bill to
be considered in the House before availability requirements of the
report thereon have been met, but that does not specifically waive
points of order against consideration, does not preclude a point of
order against consideration of the bill when called up based upon an
alleged violation of the Budget Act (Feb. 4, 1982, p. 845).
BUDGET ENFORCEMENT ACT OF 1990
Sec. 1129
__________
In addition <> to adding titles V and VI to the
Congressional Budget Act of 1974 (relating to credit reform and to
budget agreement enforcement, respectively), the Budget Enforcement Act
of 1990 (tit. XIII, P.L. 101-508) also included these free-standing
provisions addressing the budgetary treatment of social security.
excerpts from title xiii of p.l. 101-508
SEC. 13301. OFF-BUDGET STATUS OF OASDI TRUST FUNDS.
Subtitle C--Social Security
(a) Exclusion of Social Security From All Budgets.--Notwithstanding
any other provision of law, the receipts and disbursements of the
Federal Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund shall not be counted as new budget
authority, outlays, receipts, or deficit or surplus for purposes of--
(1) the budget of the United States Government as submitted by
the President,
(2) the congressional budget, or
(3) the Balanced Budget and Emergency Deficit Control Act of
1985.
* * * * *
SEC. 13302. PROTECTION OF OASDI TRUST FUNDS IN THE HOUSE OF
The House has waived this section in requiring that discretionary
administrative expenses of the Social Security Administration be
included in an allocation under section 302 of the Congressional Budget
Act of 1974 (sec. 3(f)(1), H. Res. 5, Jan. 5, 2011, p. 80).
REPRESENTATIVES.
[[Page 1158]]
(a) In General.--It shall not be in order in the House of
Representatives to consider any bill or joint resolution, as reported,
or any amendment thereto or conference report thereon, if, upon
enactment--
(1)(A) such legislation under consideration would provide for
a net increase in OASDI benefits of at least 0.02 percent of the
present value of future taxable payroll for the 75-year period
utilized in the most recent annual report of the Board of
Trustees provided pursuant to section 201(c)(2) of the Social
Security Act, and (B) such legislation under consideration does
not provide at least a net increase, for such 75-year period, in
OASDI taxes of the amount by which the net increase in such
benefits exceeds 0.02 percent of the present value of future
taxable payroll for such 75-year period,
(2)(A) such legislation under consideration would provide for
a net increase in OASDI benefits (for the 5-year estimating
period for such legislation under consideration), (B) such net
increase, together with the net increases in OASDI benefits
resulting from previous legislation enacted during that fiscal
year or any of the previous 4 fiscal years (as estimated at the
time of enactment) which are attributable to those portions of
the 5-year estimating periods for such previous legislation that
fall within the 5-year estimating period for such legislation
under consideration, exceeds $250,000,000, and (C) such
legislation under consideration does not provide at least a net
increase, for the 5-year estimating period for such legislation
under consideration, in OASDI taxes which, together with net
increases in OASDI taxes resulting from such previous
legislation which are attributable to those portions of the 5-
year estimating periods for such previous legislation that fall
within the 5-year estimating period for such legislation under
consideration, equals the amount by which the net increase
derived under subparagraph (B) exceeds $250,000,000;
(3)(A) such legislation under consideration would provide for
a net decrease in OASDI taxes of at least 0.02 percent of the
present value of future taxable payroll for the 75-year period
utilized in the most recent annual report of the Board of
Trustees provided pursuant to section 201(c)(2) of the Social
Security Act, and (B) such legislation under consideration does
not provide at least a net decrease, for such 75-year period, in
OASDI benefits of the amount by which the net decrease in such
[[Page 1159]]
taxes exceeds 0.02 percent of the
present value of future taxable payroll for such 75-year period,
or
(4)(A) such legislation under consideration would provide for
a net decrease in OASDI taxes (for the 5-year estimating period
for such legislation under consideration), (B) such net
decrease, together with the net decreases in OASDI taxes
resulting from previous legislation enacted during that fiscal
year or any of the previous 4 fiscal years (as estimated at the
time of enactment) which are attributable to those portions of
the 5-year estimating periods for such previous legislation that
fall within the 5-year estimating period for such legislation
under consideration, exceeds $250,000,000, and (C) such
legislation under consideration does not provide at least a net
decrease, for the 5-year estimating period for such legislation
under consideration, in OASDI benefits which, together with net
decreases in OASDI benefits resulting from such previous
legislation which are attributable to those portions of the 5-
year estimating periods for such previous legislation that fall
within the 5-year estimating period for such legislation under
consideration, equals the amount by which the net decrease
derived under subparagraph (B) exceeds $250,000,000.
(b) Application.--In applying paragraph (3) or (4) of subsection (a),
any provision of any bill or joint resolution, as reported, or any
amendment thereto, or conference report thereon, the effect of which is
to provide for a net decrease for any period in taxes described in
subsection (c)(2)(A) shall be disregarded if such bill, joint
resolution, amendment, or conference report also includes a provision
the effect of which is to provide for a net increase of at least an
equivalent amount for such period in medicare taxes.
(c) Definitions.--For purposes of this subsection:
(1) The term ``OASDI benefits'' means the benefits under the
old-age, survivors, and disability insurance programs under
title II of the Social Security Act.
(2) The term ``OASDI taxes'' means--
(A) the taxes imposed under sections 1401(a), 3101(a),
and 3111(a) of the Internal Revenue Code of 1986, and
(B) the taxes imposed under chapter 1 of such Code (to
[[Page 1160]]
the extent attributable to section 86 of such Code).
(3) The term ``medicare taxes'' means the taxes imposed under
sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue
Code of 1986.
(4) The term ``previous legislation'' shall not include
legislation enacted before fiscal year 1991.
(5) The term ``5-year estimating period'' means, with respect
to any legislation, the fiscal year in which such legislation
becomes or would become effective and the next 4 fiscal years.
(6) No provision of any bill or resolution, or any amendment
thereto or conference report thereon, involving a change in
chapter 1 of the Internal Revenue Code of 1986 shall be treated
as affecting the amount of OASDI taxes referred to in paragraph
(2)(B) unless such provision changes the income tax treatment of
OASDI benefits.
* * * * *
The House in the 114th and 115th Congresses established a point of
order against consideration of measures that would reduce the actuarial
balance of the Federal Old-Age and Survivors Insurance Trust Fund by a
specified percentage (sec. 3(q), H. Res. 5, Jan. 6, 2015, p. 37; sec.
3(o), H. Res. 5, Jan. 3, 2017, p. _).
[[Page 1161]]
For a discussion of the Federal budget process, including the Balanced
Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman), which
sets forth executive budget enforcement mechanisms, see House Practice,
ch. 7 and Deschler-Brown-Johnson-Sullivan, ch. 41.
STATUTORY PAY-AS-YOU-GO ACT OF 2010
Sec. 1129a
__________
The Statutory Pay-As-You-Go Act of 2010 (tit. I, P.L. 111-139) included
this provision addressing the budgetary treatment of social security.
SEC. 13. LIMITATION ON CHANGES TO THE SOCIAL SECURITY ACT.
excerpts from title i of p.l. 111-139 (2 u.s.c. 939)
(a) Limitation on Changes to the Social Security Act.--Notwithstanding
any other provision of law, it shall not be in order in the Senate or
the House of Representatives to consider any bill or resolution pursuant
to any expedited procedure to consider the recommendations of a Task
Force for Responsible Fiscal Action or other commission that contains
recommendations with respect to the old-age, survivors, and disability
insurance program established under title II of the Social Security Act,
or the taxes received under subchapter A of chapter 9; the taxes imposed
by subchapter E of chapter 1; and the taxes collected under section 86
of part II of subchapter B of chapter 1 of the Internal Revenue
Code. end segment .015 deg. segment .016 -- expedited
procedures through (15) deg.