BEA 1997 (Contents)

Budget Enforcement Act of 1997

Section 10106

Title X—Budget Enforcement and Process Provisions

Subtitle A—Amendments to the Congressional Budget and Impoundment Control Act of 1974

SEC. 10106. AMENDMENTS TO SECTION 302.

(a) Allocations and Suballocations.—Section 302 of the Congressional Budget Act of 1974 is amended by striking subsections (a) and (b) and inserting the following:

‘‘(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 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 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 sub- allocations 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.’’.

(b) Point of Order.—Section 302(c) of the Congressional Budget Act of 1974 is amended to read as follows:

‘‘(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).’’.

(c) Enforcement of Point of Order.—

(1) In the house.—Section 302(f)(1) of the Congressional Budget Act of 1974 is amended by—

(A) striking ‘‘providing new budget authority for such fiscal year or new entitlement authority effective during such fiscal year’’ and inserting ‘‘providing new budget authority for any fiscal year’’; and

(B) striking ‘‘appropriate allocation made pursuant to subsection (b)’’ and all that follows through ‘‘exceeded.’’ and inserting ‘‘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.—Section 302(f)(2) of the Congressional Budget Act of 1974 is amended to read as follows:

‘‘(2) In the senate.—After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to con- sider 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.’’.

(d) Pay-as-You-Go Exception in the House.—Section 302(g) of the Congressional Budget Act of 1974 is amended to read as follows:

‘‘(g) Pay-as-you-go Exception in the House.—

‘‘(1) In general.—(A) Subsection (f)(1) and, after April 15, 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 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 10106 (PDF)]
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COUNSEL NOTES

Codification

This section was not classified to the U.S. Code.

EXPLANATORY STATEMENT OF MANAGERS
(H. CONF. REPT. 105-217)

The joint explanatory statement of managers for the conference committee on H.R. 2014 summarized this section as follows:

U.S. Congress, Joint Explanatory Statement on the Committee of Conference on the Balanced Budget Act of 1997; (Conference Report), Committee on the Budget, House of Representatives, 105th Congress, 1st Session, Washington D.C. 1997, p.

Congressional Research service report

CRS issued a report on the Budget Enforcement Act of 1997 (Pub. L. 105-33), including this description of this section:

Section 10106. Amendments to Section 302. Section 302 of the CBA sets forth procedures for the allocation and suballocation of spending levels in the budget resolution to committees and for the enforcement of these levels. The BEA of 1990 added a new Title VI to the CBA of 1974 which, in part, established new allocation and enforcement procedures that temporarily superseded those in Section 302. The temporary procedures in Title VI were scheduled to expire at the end of FY1998. (See the discussion of the repeal of Title VI of the act, below.)

Section 10106 of the act, for the most part, replaces the old allocation and enforcement procedures under Section 302 with the newer procedures under Title VI and makes them permanent. Allocations must be made for the period covered by the budget resolution, except that allocations of appropriations are made for one year. The allocations and suballocations of appropriations must conform to the categories used for the discretionary spending limits (including defense, nondefense, and violent crime reduction spending, as appropriate). In addition, various technical modifications are made, such as deleting references to the allocation of “entitlement authority” due to the fact that the term is subsumed under the revised definition of budget authority (see the discussion of Section 3 of the act, above).

Further, Section 10106 changes the procedure for contingent allocations to the House Appropriations Committee. When a budget resolution is not adopted by the April 15 deadline, any contingent allocations are based on the discretionary spending limits (for the applicable fiscal year) in the prior year’s budget resolution rather than those in the President’s most recent budget.

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LEGISLATIVE HISTORY NOTES

Pub. L. 105–33, title X, §10000, Nov. 5, 1990, 111 Stat. 677; (Budget Enforcement Act of 1997).

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[BCR § 278]