BBA 2013 (General)

Bipartisan Budget Act of 2013

Section 122

TITLE I—BUDGET ENFORCEMENT

Subtitle C—Technical Corrections

Sec. 122. Technical corrections to the Congressional Budget Act of 1974.

The Congressional Budget Act of 1974 is amended as follows:

(1) In sections 301(a)(6) and 301(a)(7), strike “For purposes” and insert “for purposes”.

(2) In section 301(a), in the matter following paragraph (7), strike “old age” and insert “old-age”.

(3) In section 302(g)(2)(A), strike “committee on the Budget” and insert “Committee on the Budget”.

(4) In section 305(a)(1), strike “clause 2(l)(6) of rule XI” and insert “clause 4 of rule XIII”.

(5) In section 305(a)(5), strike “provisions of rule XXIII” and insert “provisions of rule XVIII”.

(6) In section 305(b)(1), strike “section 304(a)” and insert “section 304”.

(7) In section 306 strike “No” and insert “(a) In The  Senate .—In the Senate, no”, strike “of either House” and “in that House”, strike “of that House”, and add at the end the following new subsection:

“(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.”.[1] 

(8) In section 308(d), in the subsection heading, strike “Scorekeeping Guidelines.—” and insert “Scorekeeping Guidelines.—”.

(9) In section 310(c)(1)(A)(i) and (ii), strike “under that paragraph by more than” and insert “under that paragraph by more than—”.

(10) In section 314(d)(2), strike subparagraph (A), redesignate subparagraphs (B) and (C) as subparagraphs (A) and (B) respectively, in subparagraph (A), as redesignated, strike “under subparagraph (A)” and insert “under paragraph (1)”, and in subparagraph (B), as redesignated, strike “under subparagraph (B)” and insert “under subparagraph (A)”.

(11) In section 315, add at the end the following new sentence: “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.”[2]

(12) In section 401(b)(2), strike “section 302(b)” and insert “section 302(a)”.

(13) In section 401(c), add at the end the following new paragraph:

“(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 discretionary appropriations.”.[3]

(14) In section 421(5)(A)(i)(II), strike “subparagraph (B))” and insert “subparagraph (B)”.

(15) In section 505(c), strike “section 406(b)” both places it appears and insert “section 405(b)”.

(16) In section 904(c)(2), strike “258A(b)(3)(C)(I)” and “258(h)(3)” and insert “258A(b)(3)(C)(i)” and “258B(h)(3)”, respectively, and strike “and 314(e)” and insert “314(e), and 314(f)”.

(17) In section 904(d)(3), strike “258A(b)(3)(C)(I)” and “258(h)(3)” and insert “258A(b)(3)(C)(i)” and “258B(h)(3)”, respectively, and strike “and 312(c)” and insert “312(c), 314(e), and 314(f)”.


Counsel Notes
Endnotes

[1] This technical correction confined the point of order against any violations of the House Budget Committee’s jurisdiction under section 306 (CBA) to legislative measures constituting “bills” or “joint resolutions”. This therefore excludes simple “house resolutions” that usually have no substantive legislative effect. The real difficulty this was intended to address was that the House Rules Committee largely reports such resolutions, and its jurisdiction overlaps to a large degree with the Budget Committee’s. Thus, even though the Budget Committee is largely responsible for budget process law, the Rules Committee technically has the ability to reform such laws (the Congressional Budget and Impoundment Control Act of 1974 was a bill reported by the Committee on Rules in the 93rd Congress). 

[2] Section 10115 of the Budget Enforcement Act of 1997 (Pub. L. 105-33) established section 315 (CBA) establishing a procedure in the House by which a budget violation could be fixed through the “special order of business” to the reported bill, and hence remove the point of order. Because the points of order generally lie against bills “as reported” prior to this change, they could be fixed, but the point of order would still be in effect. However, an error in the drafting did not provide for section 303, which uses different language and was not included in this process. This technical correction added the section 303 point of order to the others under the  Congressional Budget Act of 1974 for purposes of section 315.

[3] This amendment to section 401 (CBA) addressed an unintended consequence of the text related to the creation of “new entitlement authority” any time a new Federal position was created by an authorizing bill. Even if the position was entirely funded through discretionary spending, and would not cause an increase in direct spending, an “entitlement” was considered to be created due to the potential effect on future Federal benefits. This language had been carried in “separate orders” of the organizing resolutions of the House from the 106th Congress through the 113th Congress, when this was enacted. 

References

Section 101 of Pub. L. 113–67; 127 Stat. 1165; Dec. 26, 2013; H.J. Res. 59 (113th Congress)

Committee Print of the Bipartisan Budget Act of 2013 (House Budget Committee) February 2014

CRS – Provisions in the Bipartisan Budget Act of 2013 as an Alternative to a Traditional Budget Resolution (R43535) May 8, 2014


Legislative History Notes
Public Laws

Bipartisan Budget Act of 2013 – Pub. L. 113–67; 127 Stat. 1165; Dec. 26, 2013; H.J. Res. 59 (113th Congress)

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