BBA 2019 (Contents)

Bipartisan Budget Act of 2019

Section 202

TITLE II—Establishing A Congressional Budget
SEC. 202. AUTHORITY FOR FISCAL YEAR 2021 BUDGET RESOLUTION IN THE HOUSE OF REPRESENTATIVES.

(a) Fiscal Year 2021.—If a concurrent resolution on the budget for fiscal year 2021 has not been adopted by April 15, 2020, for the purpose of enforcing the Congressional Budget Act of 1974 for fiscal year 2021, the allocations, aggregates, and levels provided for in subsection (b) shall apply in the House of Representatives after April 15, 2020, in the same manner as for a concurrent resolution on the budget for fiscal year 2021 with appropriate budgetary levels for fiscal year 2021 and for fiscal years 2022 through 2030.

(b) Committee Allocations, Aggregates, and Levels.—In the House of Representatives, the Chair of the Committee on the Budget shall submit a statement for publication in the Congressional Record after April 15, 2020, but not later than May 15, 2020, containing—

(1) For the Committee on Appropriations, committee allocations for fiscal year 2021 consistent with discretionary spending limits set forth in section 251(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this Act, and the outlays flowing therefrom, and committee allocations for fiscal year 2021 for current law mandatory budget authority and outlays, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;

(2) For all committees of the House of Representatives other than the Committee on Appropriations, committee allocations for fiscal year 2021 and for the period of fiscal years 2021 through 2030 consistent with the most recent baseline of the Congressional Budget Office, as adjusted, to the extent practicable, 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 302 of the Congressional Budget Act of 1974;

(3) Aggregate spending levels for fiscal year 2021 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; and

(4) Aggregate revenue levels for fiscal year 2021 and for the period of fiscal years 2021 through 2030 consistent with the most recent baseline of the Congressional Budget Office, as adjusted, to the extent practicable, 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.

(c) Additional Matter.—The statement referred to in subsection (b) may also include for fiscal year 2021 the matter contained in the provisions referred to in subsection (e).

(d) Adjustments.—The Chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other budgetary levels included in the statement referred to in subsection (b)—

(1) to reflect changes resulting from the Congressional Budget Office’s updates to its baseline for fiscal years 2021 through 2030; or

(2) for any bill, joint resolution, amendment, or conference report by the amounts provided in such measure if such measure would not increase the deficit for either of the following time periods: fiscal year 2021 to fiscal year 2025 or fiscal year 2021 to fiscal year 2030.

(e) Application.—

(1) Upon submission of the statement referred to in subsection (b), all references to allocations, aggregates, or other appropriate levels in “this concurrent resolution” in sections 5201, 5202, and 5203 of the House Concurrent Resolution 71 (115th Congress), specified in section 30104(f)(1) of the Bipartisan Budget Act of 2018, and continued in effect by section 103(m) of House Resolution 6 (116th Congress) and section 1(h)(1) of House Resolution 293 (116th Congress), shall be treated for all purposes in the House of Representatives as references to the allocations, aggregates, or other appropriate levels contained in the statement referred to in subsection (b), as adjusted in accordance with this or any other Act.

(2) The provisions of House Concurrent Resolution 71 (115th Congress), specified in section 30104(f)(1) of the Bipartisan Budget Act of 2018, shall have no force or effect in the House of Representatives except for the sections of such concurrent resolution identified in paragraph (1).

(f) Expiration.—Subsections (a) through (e) shall no longer apply if a concurrent resolution on the budget for fiscal year 2021 is agreed to by the Senate and House of Representatives.


Counsel Notes
PRIOR LEgislation

Each Bipartisan Budget Act contained some “deeming” language in order to establish budgetary enforcement procedures for at least one House of Congress, usually both, for at least one year, sometimes two. Under section 301 of the Congressional Budget Act of 1974, an annual budget resolution must be adopted by mid-April of each year. Since that has become a difficult task, deeming resolutions have often taken their place. The agreements reached between the two political parties, and more often directly between the Congress and the President, have had the effect of setting or assuming spending and revenue levels for two years. Hence, with the raising of the discretionary spending limits for two fiscal years, one of the primary purposes of a budget resolution, which is to set that level, was effectuated. Section 202 (BBA 2019) has set a deeming resolution in place for fiscal year 2021, far in advance of its requirement. This alleviates the need for the Budget Committees of House and Senate to produce a budget for that fiscal year, and the more cynical voices might say it alleviates the need for the Budget Committees completely. 

Though many deeming resolutions were adopted prior to the Budget Control Act of 2011, section 106 of that Act deemed a budget resolution for the Senate, though not the House. Though it was not intended at the time, it set in motion this trend of placing budget resolutions text in statute, otherwise known as a “Joint Resolution”, though in an informal sense. To see the context in which the BBA 2019 was enacted, see the Budget Control Act and Its Progeny.

Bipartisan Budget Act of 2013

Section 202 (BBA 2019) corresponds to section 115 of the BBA 2013. This section set the terms for a deeming resolution for the House for fiscal year 2015. Even though a deeming resolution was in place for that fiscal year, the House Budget Committee still reported, and the full House adopted, a budget resolution for fiscal year 2015 in the form of H. Con. Res. 96 (113th Congress). In a spectacular blunder, the House Leadership, advised by a House Budget staff director in fear of budget shadows and the unknown, decided to use section 115 (BBA 2013) as the deeming resolution rather than deem the just passed budget resolution , the aforementioned H. Con. Res. 96,  in force. Nothing evil came of it, except to make it look like budget decisions were made by incompetents.

Bipartisan Budget Act of 2015

Section 202 (BBA 2019) does not correspond to any section of the BBA 2015. The House Budget Committee objected to the inclusion of a deeming provision for the House to apply either of the two fiscal years for which discretionary spending levels were set: fiscal year 2016 and fiscal year 2017.

Bipartisan Budget Act of 2018

Section 202 (BBA 2019) corresponds to section 30104 of the BBA 2018. This section set enforcement procedures for the House of Representatives for fiscal year 2019, obviating the need for a budget resolution for that year, or for a deeming resolution to be written specifically for the House. See Fiscal Year 2019 Budget Resolution for further information.


Bipartisan Budget Act of 2019, Pub. L. 116-37; 133 Stat. 1049; August 2, 2019; H.R. 3877 (116th Congress)[Page View

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Bipartisan Budget Act 2019

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 [BCR § 296D]