H. Con. Res. 71 (115th Congress)

Concurrent Resolution on the Budget for
Fiscal Year 2018


TITLE III—BUDGET ENFORCEMENT IN THE HOUSE OF REPRESENTATIVES
Subtitle B—Other Provisions
sec. 325. application of rule regarding limits on discretionary spending.

Section 314(f) of the Congressional Budget Act of 1974 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;

(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 302(a) allocation to the Committee on Appropriations for fiscal year 2018 to be exceeded.


Counsel notes

The last clause of the this section indicates that section 314 (CBA) does not apply if measures “would not cause the 302(a) allocation to the Committee on Appropriations for fiscal year 2018 to be exceeded.” This is an example of sloppy drafting insofar as it is inadequate in its formal reference. It should read as follows:

“would not cause the allocations provided to the Committee on Appropriations of the House of Representatives for fiscal year 2018 under section 302(a) of the Congressional Budget Act of 1974 to be exceeded.”

This is wordier, but it gives all the information the reader requires to understand the reference.


House Budget Committee Report on Budget Resolution
(H. Rept. 115-240, Report on H. Con. Res. 71 (115th Congress))

Section 325. Application of Rule Regarding Limits on Discretionary Spending.

Section 325 waives the point of order that would otherwise apply to an appropriation measure that exceeds the statutory limits on discretionary spending, as long as the measure is within the limits established pursuant to this budget resolution. This waiver is necessary because the budget resolution reflects security spending that is higher than the current statutory limits, and reflects non-security spending that is lower than the current statutory limits.

More specifically, this section provides that Section 314(f) of the Budget Act shall not apply in the House to any bill, joint resolution, or amendment or conference report, providing new budget authority for a fiscal year if it would not cause the Committee on Appropriations’ 302(a) allocation to be exceeded.

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Section 324. (HCR71)

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