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

Concurrent Resolution on the Budget for Fiscal Year 2018

Section 5205

TITLE V—BUDGET PROCESS IN THE HOUSE OF REPRESENTATIVES
Subtitle B—Other Provisions
SEC. 5205. 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[1] 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[2] to the Committee on Appropriations for fiscal year 2018 to be exceeded.


Counsel Notes
H. Con. Res. 71, as Passed by the House

This section was included as section 325 of H. Con. Res. 71 (115th Congress), as it was adopted by the House of Representatives.

Endnotes

[1] This is oddly written in that the list of measures, as a general matter, would include four items, including a conference report. Here the list treats conference reports, needless, in a separate fashion. Though it likely has no substantive effect, the additional language is unnecessary.  The language also diverges from section 314 (f) that lists the following as to the measures the point of order applies to: “bill, joint resolution, amendment, motion, or conference report.” The term “motion” is omitted here, though the use of “motions” in the House is different than for the Senate, so this is done purposefully — though, again, needlessly.

[2] This remarkably poor drafting, but the reference here is to section 302(a) of the Congressional Budget Act of 1974.

Section Summary

Under section 314(f) (CBA), the total amount of discretionary budget authority appropriated may not exceed either of the two spending limits included in section 251(c) (BBEDCA): the “revised security” and the “revised non-security” spending categories.

It is under this section that the budget resolution provides to committees of Congress, in this case the Committee on Appropriations (here it is presumed to be the House Appropriations Committee, but that also should have been specified). Section 5205 herein turns this point of order off if either of the category limits are exceeded, as log as the total amount of discretionary spending level provided for by this budget resolution, the 302(a) allocation to the House Appropriations Committee, is not exceeded. 

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H. Con. Res. 71 (Final)

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[BCR  § 010.43]