BBA 2018 (Contents)
Bipartisan Budget Act of 2018
Section 30103
DIVISION C—BUDGETARY AND OTHER MATTERS
TITLE I—BUDGET ENFORCEMENT
Sec. 30103. Authority for fiscal year 2019 budget resolution in the Senate.
(a) Fiscal Year 2019.—For purposes of enforcing the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) after April 15, 2018, and enforcing budgetary points of order in prior concurrent resolutions on the budget, the allocations, aggregates, and levels provided for in subsection (b) shall apply in the Senate in the same manner as for a concurrent resolution on the budget for fiscal year 2019 with appropriate budgetary levels for fiscal years 2020 through 2028.
(b) Committee Allocations, Aggregates, and Levels.—After April 15, 2018, but not later than May 15, 2018, the Chairman of the Committee on the Budget of the Senate shall file—
(1) for the Committee on Appropriations, committee allocations for fiscal year 2019 consistent with discretionary spending limits set forth in section 251(c)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this Act, for the purposes of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633);[1]
(2) for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2019, 2019 through 2023, and 2019 through 2028 consistent with the most recent baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purposes of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633);[2]
(3) aggregate spending levels for fiscal year 2019 in accordance with the allocations established under paragraphs (1) and (2), for the purpose of enforcing section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642);[3]
(4) aggregate revenue levels for fiscal years 2019, 2019 through 2023, and 2019 through 2028 consistent with the most recent baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642);[4] and
(5) levels of Social Security revenues and outlays for fiscal years 2019, 2019 through 2023, and 2019 through 2028 consistent with the most recent baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642).
(c) Additional Matter.—The filing referred to in subsection (b) may also include for fiscal year 2019 the deficit-neutral reserve funds contained in title III of H. Con. Res. 71 (115th Congress) updated by one fiscal year.[5]
(d) Expiration.—This section shall expire if a concurrent resolution on the budget for fiscal year 2019 is agreed to by the Senate and the House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632).
Counsel Notes
Endnotes
[1] This paragraph requires the 302(a) allocations to the Senate Appropriations Committee for fiscal year 2019 inserted into the Congressional Record by the Senate Budget Chairman to be at the levels of the two categories set in section 251(c)(6) as amended by the BBA 2018. . Section 302(a)(3)(A) requires these allocations be subdivided using this method for concurrent resolutions on the budget.
[2] This paragraph requires the 302(a) allocations for Congressional authorizing committees for fiscal year 2019, the five-year period and the ten-year period starting with that year, inserted into the Congressional Record by the Senate Budget Chairman be at baselines levels, as prepared by the Congressional Budget Office. CBO issues the baseline for a fiscal year in the preceding March.
[3] This paragraph requires the aggregate spending levels made public in the Congressional Record by the Senate Budget Chairman for the aggregate spending and revenue levels to be at the CBO baseline. These levels are required to enforce section 311 of the Congressional Budget Act of 1974. The aggregate here is the sum of the direct spending levels as provided to the authorizing committees and the discretionary spending levels as provided to the Appropriations Committees. Though “appropriated entitlements” are included in appropriation bills, they are for practical purposes treated as direct spending.
[4] This paragraph requires the aggregate spending levels made public in the Congressional Record by the Senate Budget Chairman for the aggregate spending and revenue levels to be at the CBO baseline. These levels are required to enforce section 311 of the Congressional Budget Act of 1974.
Baseline Levels: When the phrase “consistent with the most recent baseline of the Congressional Budget Office” is used in this section, it means that all direct spending and revenue levels are set at baseline levels. In particular it specifies that the CBO baseline levels is to adjust for effects of the enactment of the BBA 2018 and any other laws enacted prior to the date on which the statement is entered into the record, and hence affords no flexibility on the part of the Budget Chairman. This is the method by which the deeming resolutions require a baseline budget.
[5] Reserve funds. This section allows the material filed by the Senate Budget Committee Chairman to include “deficit-neutral” reserve funds included in the budget resolution for fiscal year 2018, H. Con. Res. 71 (115th Congress) to be in force, moved forward by a year to account for the passage of time. Of the 31 reserve funds in title III of that concurrent resolution, 28 have “deficit-neutral” in their headings and are substantively so. Section 3002 is a tax reform related “revenue-neutral” reserve fund in name, but is also substantively deficit-neutral by its terms and hence presumably would be also deemed to be in force. Section 3003 is a reserve fund for a reconciliation bill, but is neither termed deficit neutral nor is it substantively so by its terms, and hence would not be deemed in force. Section 3020 is a reserve fund for disaster assistance and would not be deemed in force. The authority provided here is permissive insofar as it uses the term “may also include” rather than using the term “shall include”. The language lacks the specific authority providing the authority to make adjustments for these levels, it only indicates that the amounts may be included, and it is ambiguous as to whether all of the reserve funds fitting the definition must be included if the authority is employed, or if some may be included and others not at the discretion of the Senate Budget Chairman.
Bipartisan Budget Act of 2018, Pub. L. 115-123; 132 Stat. 64; February 9, 2018; H.R. 1892 (115th Congress)
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