House Organizing Resolutions

Budget-Related Provisions from
H. Res. 6 (116th Congress)

In the House of Representatives, U. S.,

Adopting the Rules of the House of Representatives for the One Hundred Sixteenth Congress, and for other purposes.

Resolved, 

TITLE I—RULES OF THE ONE HUNDRED SIXTEENTH CONGRESS

SEC. 101. ADOPTION OF THE RULES OF THE ONE HUNDRED FIFTEENTH CONGRESS.

The Rules of the House of Representatives of the One Hundred Fifteenth Congress, including applicable provisions of law or concurrent resolution that constituted rules of the House at the end of the One Hundred Fifteenth Congress, are adopted as the Rules of the House of Representatives of the One Hundred Sixteenth Congress, with amendments to the standing rules as provided in section 102, and with other orders as provided in this resolution.

SEC. 102. CHANGES TO THE STANDING RULES.

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(f) Designating Committee on Oversight and Reform.In the standing rules, strike ‘‘Committee on Oversight and Government Reform’’ each place it appears.


Counsel Notes

The newly renamed Committee on Oversight and Reform (formerly the “Committee on Oversight and Government Reform”) has jurisdiction over a significant number of budget law-oriented programs such as the Government Performance and Results Act of 1993 (Pub. L. 103-62) and related issues about the efficient use of government resources.

Prior to the advent of the 104th Congress, this Committee, then named the Committee on Government Reform and Oversight, had most jurisdiction related to statutory budget process. It retains most jurisdiction over general regulatory matters of government agencies, which have a significant impact on government expenses.

(m) Removing Certain Committee Term Limits.—

(1) In clause 5(a)(2) of rule X—

(A) strike subdivisions (B) and (C); and

(B) in subdivision (A), strike ‘‘(A)’’ and redesignate items (i), (ii), and (iii) as subdivisions (A), (B), and (C).

(2) In clause 5(c) of rule X—

(A) strike the designation of subparagraph (1); and

(B) strike subparagraph (2).


Counsel Notes

Prior to the 116th Congress, clause 5 of rule X contained term lim-its for the House Budget Committee. A Member of the Committee could “not serve on the committee during more than four Congresses in a period of six successive Congresses (disregarding for this purpose any service for less than a full session in a Congress).” This limitation did not apply to the Members designated by the elected leader-ship of the majority and minority parties, and the Chairman and Ranking Member was allowed to serve an extra term if it was as a “second consecutive Congress” in that position.

These term limits were first put in place by section 101 (CBA) when the House Budget Committee was first established, they were originally intended to keep the Committee weak out of concern it might become more influential than other committees deemed desirable. When this concern faded, leadership staff, particular under Re-publican Majorities, found it useful to have Budget Committee slots to mete out to Members, and so the forced turnover was preserved despite attempts to overturn the policy.

Forcing Members to “rotate off” the Committee was damaging to the House insofar as the expertise gained by Members after serving for just four terms (originally it was three) was lost. With the complexities of budget law, this loss of experience harmed the ability of the Committee to perform its responsibilities.

Changes to existing law.
[Clause 5(a)(2) of Rule X]
758. Composition of the Budget Committee.

5. (2)[(A)] The Committee on the Budget shall be composed of members as follows:

(A) [(i)] Members, Delegates, or the Resident Commissioner who are members of other standing committees, including five from the Committee on Appropriations, five from the Committee on Ways and Means, and one from the Committee on Rules;

(B) [(ii)] one Member designated by the elected leadership of the majority party; and

(C) [(iii)]  one Member designated by the elected leadership of the minority party.

[(B) Except as permitted by subdivision (C), a member of the Committee on the Budget other than one described in subdivision (A)(ii) or (A)(iii) may not serve on the committee during more than four Congresses in a period of six successive Congresses (disregarding for this purpose any service for less than a full session in a Congress).

[(C) A Member, Delegate, or Resident Commissioner may exceed the limitation of subdivision (B) if elected to serve a second consecutive Congress as the chair or a second consecutive Congress as the ranking minority member.]

(c) Limitation on Advance Appropriations.—

(1) Except as provided in paragraph (2), any general appropriation bill or bill or joint resolution continuing appropriations, or amendment thereto or conference report thereon, may not provide an advance appropriation.

(2) An advance appropriation may be provided for programs, activities or accounts identified in lists submitted for printing in the Congressional Record by the chair of the Committee on the Budget (when elected)—

(A) for fiscal year 2020, under the heading ‘‘Accounts Identified for Advance Appropriations’’ in an aggregate amount not to exceed $28,852,000,000 in new budget authority, and for 2021, accounts separately identified under the same heading; and

(B) for fiscal year 2020, under the heading ‘‘Veterans Accounts Identified for Advance Appropriations’’ in an aggregate amount not to exceed $75,550,600,000 in new budget authority.

(3) Definition.—The term ‘‘advance appropriation’’ means any new discretionary budget authority provided in a general appropriation bill or bill or joint resolution continuing appropriations for fiscal year 2019, or any amendment thereto or conference report thereon, that first becomes available following fiscal year 2019.

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(i) Requiring committee hearing and markup on bills and joint resolutions.—

(1) Effective March 1, 2019, during the One Hundred Sixteenth Congress, it shall not be in order to consider a bill or joint resolution pursuant to a special order of business reported by the Committee on Rules that—

(A) has not been reported by a committee; or

(B) has been reported by a committee unless the report includes a list of related committee and subcommittee hearings and a designation of at least one committee or subcommittee hearing that was used to develop or consider such bill or joint resolution.

(2) This subsection shall not apply to a bill or joint resolution—

(A) continuing appropriations for a fiscal year;

(B) containing an emergency designation under section 251(b)(2)[364] or section 252(e)[365] of the Balanced Budget and Emergency Deficit Control Act; or

(C) designated pursuant to clause 7(a) of rule XV.[366]

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(m) Budget Matters.—During the first session of the One Hundred Sixteenth Congress, pending the adoption of a concurrent resolution on the budget for fiscal year 2019—

(1) the allocations, aggregates, and other appropriate levels as contained in the statement of the chair of the Committee on the Budget of the House of Representatives in the Congressional Record of May 10, 2018, as adjusted in the One Hundred Fifteenth Congress, shall be considered for all purposes in the House to be the allocations, aggregates, and other appropriate levels under titles III and IV of the Congressional Budget Act of 1974;[367] and

(2) the provisions of House Concurrent Resolution 71, One Hundred Fifteenth Congress, specified in section 30104(f)(1) of the Bipartisan Budget Act of 2018 shall have no force or effect except for sections 5201, 5202, 5203, and 5401 of such concurrent resolution.[368]

Counsel Notes for H. Res. 6 (116th Congress)

The resolution providing for the organization of the 116th Congress (H. Res. 6, adopted on January 9, 2019), made a number of changes to the budgetary rules governing House budget enforcement. These are notable for the provisions that were added, amended, extended, and also the ones allowed to lapse – what is not there in some cases is as interesting as what is explicit. See the below for major items:

Additions to the Standing House Rules

Public Debt Limit: A variation of “The Gephardt Rule” was added to the House Rules. This rule, repealed in the 112th Congress, required separate legislation increasing the public debt limit be sent to the Senate when the House voted on the final budget resolution. In this new version, debt legislation is sent to the Senate but it happens when the House agrees to a budget resolution, not when both House and Senate do. This is a big difference insofar as the House normally can agree to a budget resolution but getting both House and Senate agreement has been difficult. Also different is that it suspends the application of the public debt limit for a time rather than increasing it by a specific amount. The changes make it hard to call it the “Gephardt Rule”. Republicans are likely to start calling it the “Pelosi Rule”.

Former Committee on Oversight and Government Reform: While hardly substantively important, the renamed “Committee on Oversight and Reform” retains significant jurisdiction over budget-related laws, particularly in Federal regulations and the unfunded mandate issue. Section 102(f) of H. Res. 6 renamed the former “Ogre” Committee.

Amendments to the Rules

Pay-As-You-Go Point of Order: The “Cutgo” point of order is replaced with the “Paygo” Point of Order that was in place during the 110th and 111th Congresses. The text is the same as the latter, which had amended the former. It is similar to Cutgo but applies to the net effect of direct spending and revenue rather than just spending.

Repeal of Budget Committee Term Limits: Since the enactment of section 101 (CBA), Membership on the Budget Committee has been limited to a certain number of Congresses. Once the limit was reached, Members “rotated off”, taking their experience gained with them. The ended when H. Res. 6 (116th Congress) repealed clause 5(a)(2) of rule X.

Repeal of Discretionary Spending Point of Order:  Section 103(dd) of H. Res. 6 eliminated the point of order prohibiting any net increase in budget authority by an amendment to an appropriation bill.

Repeal of Tax Increase Supermajorities: Clause 5(b) of rule XXI was repealed, which required a three-fifths vote to increase individual income taxes.

Repeal of Macroeconomic Cost Estimates: The resolution repeals clause 8 of rule XIII. This had required the Congressional Budget Office to provide macroeconomic cost estimates (usually called “dynamic scoring”). These estimates incorporated the “budgetary effects of changes in economic output, employment, capital stock, and other macroeconomic variables resulting from such legislation” for major legislation.”

Extensions of the Rules

In the Fiscal Year 2018 budget resolution, H. Con. Res. 71 (115th Congress): Sections 5201, 5203, 5203, and 5401 were extended:

sec. 5201. budgetary treatment of administrative expenses.

(a) In General.—In the House of Representatives, notwithstanding section 302(a)(1) of the Congressional Budget Act of 1974, section 13301 of the Budget Enforcement Act of 1990, and section 2009a of title 39, United States Code, the report or the joint explanatory statement, as applicable, accompanying this concurrent resolution shall include in its allocation to the Committee on Appropriations under section 302(a) of the Congressional Budget Act of 1974 amounts for the discretionary administrative expenses of the Social Security Administration and the United States Postal Service.

(b) Special Rule.—In the House of Representatives, for purposes of enforcing section 302(f) of the Congressional Budget Act of 1974, estimates of the levels of total new budget authority and total outlays provided by a measure shall include any discretionary amounts described in subsection (a).

sec. 5202. application and effect of changes in allocations and aggregates.

(a) Application.—In the House of Representatives, any adjustments of the allocations, aggregates, and other budgetary levels made pursuant to this concurrent resolution shall—

(1) apply while that measure is under consideration;

(2) take effect upon the enactment of that measure; and

(3) be published in the Congressional Record as soon as practicable.

(b) Effect of Changed Allocations and Aggregates.—Revised allocations and aggregates resulting from these adjustments shall be considered for the purposes of the Congressional Budget Act of 1974 as the allocations and aggregates contained in this concurrent resolution.

(c) Budget Committee Determinations.—For purposes of this concurrent resolution, the budgetary levels for a fiscal year or period of fiscal years shall be determined on the basis of estimates made by the chair of the Committee on the Budget of the House of Representatives.

(d) Aggregates, Allocations and Application.—In the House of Representatives, for purposes of this concurrent resolution and budget enforcement, the consideration of any bill or joint resolution, or amendment thereto or conference report thereon, for which the chair of the Committee on the Budget makes adjustments or revisions in the allocations, aggregates, and other budgetary levels of this concurrent resolution shall not be subject to the points of order set forth in clause 10 of rule XXI of the Rules of the House of Representatives or section 5101[6] of this concurrent resolution.

(e) Other Adjustments.—The chair of the Committee on the Budget of the House of Representatives may adjust other appropriate levels in this concurrent resolution depending on congressional action on pending reconciliation legislation.

sec. 5203. adjustments to reflect changes in concepts and definitions.

In the House of Representatives, the chair of the Committee on the Budget may adjust the appropriate aggregates, allocations, and other budgetary levels in this concurrent resolution for any change in budgetary concepts and definitions consistent with section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985.

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sec. 5401. reserve fund for investments in national infrastructure.

In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other appropriate levels in this concurrent resolution for any bill or joint resolution, or amendment thereto or conference report thereon, that invests in national infrastructure to the extent that such measure is deficit neutral for the total of fiscal years 2018 through 2027.


Limitation on Advance Appropriations: Section 103(c) of H. Res. 6 extends the point of order against advance appropriations but extends it to any appropriation for a fiscal year following the budget resolution year. The provision had formerly only applied to the single fiscal year following that year. This latter narrow effect allowed the issue of the Corporation for Public Broadcasting to be evaded. The prohibition allows a list of exceptions. CPB is on the list but stands out as the only program getting a two-years advance appropriation. With the prohibition applicable to only one-year advances, the exceptions could be silent on CPB Funding. A clever dodge, but Democrats like CPB so unneeded.

Enforcement Provisions Not Extended by H. Res. 6 (116th Congress)

One of the complexities of budget law is that it is somewhat dispersed among statute, standing rules of the House and Senate, semi-permanent rules in the Separate Orders of the House, and budget resolutions which are tantamount to permanent law in the Senate but are often only effective from Congress to Congress in the House, depending on how they are written. The following are the items that had been in effect in the 115th Congress, but were not renewed by the rules package of the organizing resolution for the 116th Congress; these do not include reserve funds which are simple policy-oriented adjustment that:

Long Term Point of Order: This discontinued provision existed in the House for the 112th and 115th Congresses, and included in budget resolutions for those Congresses and the ones in between. It prohibited consideration of a measure increasing direct spending above a certain threshold over four 10-fiscal-year periods. It has been drafted in different ways, some not very well. The below version is from H. Con. Res. 27 (114th Congress), the House-passed concurrent resolution on the budget for fiscal year 2016. It is the best drafted and has a limit of $5 billion for each estimating decade, which was reduced to $2.5 billion in later iterations.

sec. 407. limitation on long-term spending.

(a) In General.—In the House, it shall not be in order to consider a bill or joint resolution reported by a committee (other than the Committee on Appropriations), or an amendment thereto or a conference report thereon, if the provisions of such measure have the net effect of increasing direct spending in excess of $5,000,000,000 for any period described in subsection (b).

(b) Time Periods.—The applicable periods for purposes of this section are any of the four consecutive ten fiscal-year periods beginning in the fiscal year following the last fiscal year of this concurrent resolution.

Motion to Rise and Report: Not extended in the 116th Congress, this provision was first established in the 109th Congress by section 2 of H. Res. 248 (adopted April 28, 2005). It created a point of order against the motion to “rise and report” an appropriation bill to the House where the bill, as proposed to be amended, exceeded an applicable allocation of new budget authority under section 302(b) of the Congressional Budget Act of 1974. It set forth procedures in the Committee of the Whole in the event that the point of order was sustained. The 110th through 115th Congresses adopted the same procedure. The following is section 3(f) of the Separate Orders for H. Res. 5 (115th Congress):

sec. 3. (f) point of order against motion to rise and report.—

(1) During the One Hundred Fifteenth Congress, except as provided in paragraph (3), a motion that the Committee of the Whole rise and report a bill to the House shall not be in order if the bill, as amended, exceeds an applicable allocation of new budget authority under section 302(b) of the Congressional Budget Act of 1974, as estimated by the Committee on the Budget.

(2) If a point of order under paragraph (1) is sustained, the Chair shall put the question: “Shall the Committee of the Whole rise and report the bill to the House with such amendments as may have been adopted notwithstanding that the bill exceeds its allocation of new budget authority under section 302(b) of the Congressional Budget Act of 1974?”. Such question shall be debatable for 10 minutes equally divided and controlled by a proponent of the question and an opponent but shall be decided without intervening motion.

(3) Paragraph (1) shall not apply—

(A) to a motion offered under clause 2(d) of rule XXI; or

(B) after disposition of a question under paragraph (2) on a given bill.

(4) If a question under paragraph (2) is decided in the negative, no further amendment shall be in order except—

(A) one proper amendment, which shall be debatable for 10 minutes equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole; and

(B) pro forma amendments, if offered by the chair or ranking minority member of the Committee on Appropriations or their designees, for the purpose of debate.

Allocation for Overseas Contingency Operations/Global War on Terrorism: While the most recent version of this special allocation for OCO/GWOT designated spending is from section 5102 of H. Res. 71 (115th Congress), this text was poorly redrafted by an out-of-practice former House Budget Committee Counsel in the 115th Congress. The appropriate version can be found in section 509 of H. Con. Res. 96 (113th Congress):

sec. 509. separate allocation for overseas contingency operations/global war on terrorism.

(a) Allocation.—In the House, there shall be a separate allocation to the Committee on Appropriations for overseas contingency operations/global war on terrorism. For purposes of enforcing such separate allocation under section 302(f) of the Congressional Budget Act of 1974, the ‘‘first fiscal year’’ and the ‘‘total of fiscal years’’ shall be deemed to refer to fiscal year 2015. Such separate allocation shall be the exclusive allocation for overseas contingency operations/global war on terrorism under section 302(a) of such Act. Section 302(c) of such Act shall not apply to such separate allocation. The Committee on Appropriations may provide suballocations of such separate allocation under section 302(b) of such Act. Spending that counts toward the allocation established by this section shall be designated pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

(b) Adjustment.—In the House, for purposes of subsection (a) for fiscal year 2015, no adjustment shall be made under section 314(a) of the Congressional Budget Act of 1974 if any adjustment would be made under section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Changes in Mandatory Programs (Chimps): While relatively ineffective and poorly written, this provision was designed to control changes to direct spending programs included in appropriation bills (the term “mandatory programs” is a misnomer). The changes are either in the form of legislative text (impermissible under clause 2 of House rule XXI) or limitations (permitted) that have the effect of reducing direct spending by altering the way discretionary spending occurs in certain programs. By scoring those reductions to an appropriation act, Chimps allow more spending within the allocation provided to the Appropriation Committees. While an abuse of the budget process, they have been used without control, so any attempt to rein in the practice is useful. Unfortunately, the Democratic Majority did not extend the provision in H. Res. 6 (116th Congress). This below version of the Chimp provision was included in H. Con. Res. 71 (115th Congress), the fiscal year 2018 budget resolution (deemed in force for fiscal year 2019):

sec. 5103. limitation on changes in certain mandatory programs.

(a) Definition.—In this section, the term “change in mandatory programs” means a provision that—

(1) would have been estimated as affecting direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (as in effect prior to September 30, 2002) if the provision were included in legislation other than appropriation Acts; and

(2) results in a net decrease in budget authority in the budget year, but does not result in a net decrease in outlays over the total of the current year, the budget year, and all fiscal years covered under the most recently agreed to concurrent resolution on the budget.

(b) Point of Order in the House of Representatives.—

(1) In general.—A provision in a bill or joint resolution making appropriations for a full fiscal year that proposes a change in mandatory programs that, if enacted, would cause the absolute value of the total budget authority of all such changes in mandatory programs enacted in relation to a full fiscal year to be more than the amount specified in paragraph (3), shall not be in order in the House of Representatives.

(2) Amendments and conference reports.—It shall not be in order in the House of Representatives to consider an amendment to, or a conference report on, a bill or joint resolution making appropriations for a full fiscal year if such amendment thereto or conference report thereon proposes a change in mandatory programs that, if enacted, would cause the absolute value of the total budget authority of all such changes in mandatory programs enacted in relation to a full fiscal year to be more than the amount specified in paragraph (3).

(3) Amount.—The amount specified in this paragraph is—

(A) for fiscal year 2018, $19,100,000,000;

(B) for fiscal year 2019, $17,000,000,000; and

(C) for fiscal year 2020, $15,000,000,000.

(c) Determination.—For purposes of this section, budgetary levels shall be determined on the basis of estimates provided by the chair of the Committee on the Budget of the House of Representatives.

Energy Savings Performance Contracts: Section 5109 of H. Con. Res. 71 (115th Congress) included a “scoring rule” for certain kinds of contracts related to programs designed to reduce energy costs of Federal agencies. It was originally considered for S. Con. Res. 11 (114th Congress) but was rejected in favor of further specific study. This further review was never conducted or any House Budget Committee assessment of the idea performed. It somehow was included anyway in H. Con. Res. 27 (114th Congress) and H. Con. Res. 71 (115th Congress). The pressure of connected lobbyists is the likely answer as to how it was included, but it was not extended into the 116th Congress. Since it is such poorly constructed, bad budget policy, and its inclusion possibly unethical, it has been omitted here.

Various Other Provisions from H. Con. Res. 71 (115th Congress): The fiscal year 2019 budget resolution, deemed in force by the Bipartisan Budget Act of 2018 (Pub. L. 115-123) also included the below provisions not extended. Certain boilerplate provisions have been omitted here as and some others that were abysmally drafted and of questionable value (for example, section 5206 related to administrative filing procedures):

sec. 5105. estimates of debt service costs.

In the House of Representatives, the chair of the Committee on the Budget may direct the Congressional Budget Office to include, in any estimate prepared under section 402 of the Congressional Budget Act of 1974 with respect to any bill or joint resolution, an estimate of any change in debt service costs resulting from carrying out such bill or resolution. Any estimate of debt service costs provided under this section shall be advisory and shall not be used for purposes of enforcement of such Act, the Rules of the House of Representatives, or this concurrent resolution. This section shall not apply to authorizations of programs funded by discretionary spending or to appropriation bills or joint resolutions, but shall apply to changes in the authorization level of appropriated entitlements.

Sec. 5106. Fair-value credit estimates.

(a) All Credit Programs.—Whenever the Director of the Congressional Budget Office provides an estimate of any measure that establishes or modifies any program providing loans or loan guarantees, the Director shall also, to the extent practicable, provide a fair-value estimate of such loan or loan guarantee program if requested by the chair of the Committee on the Budget of the House of Representatives.

(b) Student Financial Assistance and Housing Programs.—The Director of the Congressional Budget Office shall provide, to the extent practicable, a fair-value estimate as part of any estimate for any measure that establishes or modifies a loan or loan guarantee program for student financial assistance or housing (including residential mortgage).

(c) Baseline Estimates.—The Congressional Budget Office shall include estimates, on a fair-value and credit reform basis, of loan and loan guarantee programs for student financial assistance, housing (including residential mortgage), and such other major loan and loan guarantee programs, as practicable, in its The Budget and Economic Outlook: 2018 to 2027.

(d) Enforcement in the House of Representatives.—If the Director of the Congressional Budget Office provides an estimate pursuant to subsection (a) or (b), the chair of the Committee on the Budget of the House of Representatives may use such estimate to determine compliance with the Congressional Budget Act of 1974 and other budget enforcement requirements.

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sec. 5108. adjustments for improved control of budgetary re-sources.

(a) Adjustments of Discretionary and Direct Spending Levels.—In the House of Representatives, if a committee (other than the Committee on Appropriations) reports a bill or joint resolution, or an amendment thereto is offered or conference report thereon is submitted, providing for a decrease in direct spending (budget authority and outlays flowing therefrom) for any fiscal year and also provides for an authorization of appropriations for the same purpose, upon the enactment of such measure, the chair of the Committee on the Budget may decrease the allocation to the applicable authorizing committee that reports such measure and increase the allocation of discretionary spending (budget authority and outlays flowing therefrom) to the Committee on Appropriations for fiscal year 2018 by an amount equal to the new budget authority (and outlays flowing therefrom) provided for in a bill or joint resolution making appropriations for the same purpose.

(b) Determinations.—In the House of Representatives, for purposes of enforcing this concurrent resolution, the allocations and aggregate levels of new budget authority, outlays, direct spending, revenues, deficits, and surpluses for fiscal year 2018 and the total of fiscal years 2018 through 2027 shall be determined on the basis of estimates made by the chair of the Committee on the Budget and such chair may adjust the applicable levels in this concurrent resolution.

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sec. 5110. limitation on transfers from the general fund of the treasury to the highway trust fund.

In the House of Representatives, for purposes of the Congressional Budget Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, and the rules or orders of the House of Representatives, a bill or joint resolution, or an amendment thereto or conference report thereon, that transfers funds from the general fund of the Treasury to the Highway Trust Fund shall be counted as new budget authority and outlays equal to the amount of the transfer in the fiscal year the transfer occurs.

Sec. 5111. Prohibition on use of Federal Reserve surpluses as an offset.

In the House of Representatives, any provision of a bill or joint resolution, or amendment thereto or conference report thereon, that transfers any portion of the net surplus of the Federal Reserve System to the general fund of the Treasury shall not be counted for purposes of enforcing the Congressional Budget Act of 1974, this concurrent resolution, or clause 10 of rule XXI of the Rules of the House of Representatives.

Sec. 5112. Prohibition on use of guarantee fees as an offset.

In the House of Representatives, any provision of a bill or joint resolution, or amendment thereto or conference report thereon, that increases, or extends the increase of, any guarantee fees of the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac) shall not be counted for purposes of enforcing the Congressional Budget Act of 1974, this concurrent resolution, or clause 10 of rule XXI of the Rules of the House of Representatives.

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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 conference1use the 302(a) allocation[2] to the Committee on Appropriations for fiscal year 2018 to be exceeded.

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sec. 5301. adjustment authority for amendments to statutory caps.

During the 115th Congress, if a measure becomes law that amends the discretionary spending limits established under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)), such as a measure increasing the limit for the revised security category for fiscal year 2018 to be $640,000,000,000, the chair of the Committee on the Budget of the House of Representatives may adjust the allocation called for under section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) to the appropriate committee or committees of the House of Representatives, and may adjust all other budgetary aggregates, allocations, levels, and limits contained in this resolution, as necessary, consistent with such measure.


[364] Section 251(b)(2) (BBEDCA) contains the emergency designation given to discretionary spending in appropriation bills. The spending related to provisions designated as such is not counted for purposes of budgetary enforcement. See § 202, supra.

[365] Section 252(e) (BBEDCA) provides that any provision of direct spending or revenue legislation may be designated by the President and Congress as an “emergency requirement”. A designation by Congress must be made in the statute, and then the President also designates as such. It should be noted that this designation is not effective for the Statutory Pay-As-You-Go Act of 2011, which requires a separate designation. See § 204, supra.

[366] Clause 7(a) is from the “Consensus Calendar”, which requires that at “least once during any week in which the House convenes, the House shall consider a measure on the Consensus Calendar as designated by the Speaker.”

[367] These levels were inserted in the Congressional Record in the House by pursuant to section 30104 (BBA 2018). They were “for the period of fiscal years 2019 through 2028 at the levels included in the most recent baseline of the Congressional Budget Office.”

[368] See Counsel Notes for the text of these sections.

[6] This subsection allows bills that have been planned for by their inclusion in the budget resolution to be excepted from the former “cutgo” and now “Paygo” point of order, and the long-term spending point of order in section 5101. This latter was not extended, is no longer in effect, and hence the reference is rendered inconsequential.