§008. BPLA §118. CBA Sec. 308 (PAR)

BPLA (Contents)

Budget Process Law Annotated (1993)

Congressional Budget and Impoundment Control Act of  1974

 [Pages 150-156]
reports, summaries, and projections of congressional budget actions

Sec. 308.388, [1] (a) Reports on Legislation Providing New Budget Authority, New Spending Authority, or New Credit Authority, or Providing an Increase or Decrease In Revenues or Tax Expenditures.—

(1) Whenever a committee of either House reports to its House a bill or resolution, or committee amendment thereto, providing new budget authority389 (other than continuing appropriations), new spending authority described in section 401(c)(2),390 or new credit authority,391 or providing an increase or decrease in revenues or tax expenditures392 for a fiscal year (or fiscal years),393 the report accompanying that bill or resolution shall contain a statement, or the committee shall make available such a statement in the case of an approved committee amendment which is not reported to its House, prepared after consultation with the Director of the Congressional Budget Office—

(A) comparing the levels in such measure to the appropriate allocations in the reports submitted [p. 151] under section 302(b), for the most recently agreed to concurrent resolution on the budget for such fiscal year (or fiscal years);

(B) including an identification of any new spending authority described in section 401(c)(2)396 which is contained in such measure and a justification for the use of such financing method instead of annual appropriations;

(C) containing a projection by the Congressional Budget Office of how such measure will affect the levels of such budget authority,397 budget outlays,398 spending authority,399 revenues, tax expenditures,400 direct loan obligations, or primary loan guarantee commitments under existing law for such fiscal year (or fiscal years)401 and each of the four ensuing fiscal years, if timely submitted before such report is filed; and

(D) containing an estimate by the Congressional [p. 152] Budget Office of the level of new budget authority402 for assistance to State and local governments provided by such measure, if timely submitted before such report is filed.

(2) Whenever a conference report is filed in either House and such conference report or any amendment reported in disagreement or any amendment contained In the joint statement of managers to be proposed by the conferees in the case of technical disagreement on such bill or resolution provides new budget authority403 (other than continuing appropriations), new spending authority described in section 401(c)(2),404 or new credit authority,405 or provides an increase or decrease in revenues for a fiscal year (or fiscal years),406 the statement of managers accompanying such conference report shall contain the information described in paragraph (1), if available on a timely basis. If such information is not available when the conference report is filed, the committee shall make such information available to Members as soon as practicable prior to the consideration of such conference report.

[Notes to Subsection (a)]

388. Section 308 is codified as amended at 2 U.S.C. § 639 (1988 and Supp. IV 1992).

389. Section 3(2) defines “budget authority”. See supra pp. 11-13.

390. See infra pp. 251-254.

391. Section 402(b) defines “new credit authority” (see infra p. 261), in part by reference to the definition of “credit authority” in section 3(10) (see supra p. 19).

392. Section 3(2) defines “tax expenditures”. See supra p.13.

393. Section 13206(a) of the Budget Enforcement Act of 1990 added the parenthetical “(or fiscal years). See infra  p. 722.

394. See supra pp. 90-91.

395. Section 13206(a) of the Budget Enforcement Act of 1990 added the parenthetical “(or fiscal years). See infra p. 722.

396. See infra pp. 251-254.

397. Section 3(2) defines “budget authority”. See supra pp. 11-13.

398. Section 3(1) defines “budget outlays”. See supra p. 11.

399. Section 401(c)(2) defines “spending authority”. See infra pp. 251-254.

400. Section 3(3) defines “tax expenditures”. See supra p. 13.

401. Section 13206(a) of the Budget Enforcement Act of 1990 added the parenthetical “(or fiscal years)”. See infra p. 722.

402. Section 3(2) defines “budget authority”. See supra pp. 11-13.

403. Section 3(2) defines “budget authority”. See supra pp. 11-13.

404. See infra pp. 251-254.

405. Section 402(b) defines “new credit authority” (see infra p. 261), in part by reference to the definition or “credit authority” in section 3(10) (see supra p. 19).

406. Section 13206(b) of the Budget Enforcement Act of 1990 added the parenthetical “(or fiscal years)”. See infra p. 722.

407. See supra pp. 150-152.

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[Subsection (b)]

(b) Up to Date Tabulations Of Congressional Budget Action.— [p. 153]

(1) The Director of the Congressional Budget Office shall issue to the committees of the House of Representatives and the Senate reports on at least a monthly408 basis detailing and tabulating the progress of congressional action on bills and resolutions providing new budget authority,409 new spending authority described in section 401(c)(2),410 or new credit authority,411 or providing an increase or decrease in revenues or tax expenditures412 for each fiscal year covered by a concurrent resolution on the budget.413 Such reports shall Include but are not limited to an up-to-date tabulation comparing the appropriate aggregate and functional levels (including outlays414) included in the most recently adopted concurrent resolution on the budget with the levels provided In bills and resolutions reported by committees or adopted by either House or by the Congress, and with the levels provided by law for the fiscal year preceding the first fiscal year covered by the appropriate concurrent resolution.415 [p. 154]

(2) The Committee on the Budget of each House shall make available to Members of its House summary budget scorekeeping reports.416 Such reports—

(A) shall be made available on at least a monthly basis, but in any case frequently enough to provide Members of each House an accurate representation of the current status of congressional consideration of the budget; [p. 155]

(B) shall include, but are not limited to, summaries of tabulations provided under subsection (b)(1);417 and

(C) shall be based on information provided under subsection (b)(1)418 without substantive revision.

The chairman of the Committee on the Budget of the House of Representatives shall submit such reports to the Speaker.

[Notes to Subsection (b)]

408. As a matter of practice, the Director issues these reports more frequently, as much as weekly during some times of the year. For example, the Director issued at least 29 reports in 1989. See infra note 416.

409. Section 3(2) defines “budget authority”. See supra pp. 11-13.

410. See infra pp. 251-254.

411. Section 402(b) defines “new credit authority” (see infra p. 261), in part by reference to the definition of “credit authority” in section 3(10) (see supra p. 19).

412. Section 3(3) defines “tax expenditures”. See supra p. 13.

413. Section 13206(c)(1) of the Budget Enforcement Act of 1990 struck the words “for a fiscal year” at this point and inserted “for each fiscal year covered by a concurrent resolution on the budget”. See infra p. 722.

414. Section 3(1) defines “outlays”. See supra p. 11.

415. Section 13206(c)(2) of the Budget Enforcement Act of 1990 struck the words “such fiscal year” at this point and inserted “the first fiscal year covered by the appropriate concurrent resolution”. See infra p. 722.

416. The Chairman of the Budget Committee regularly submits these budget scorekeeping reports for printing in the Congressional Record. See, e.g., 138 Cong. Rec. S13,176 (daily ed. Sept. 10, 1992); id. at S11,140 (daily ed. July 31, 1992); id. at S9962 (daily ed. July 20, 1992); id. at S8407 (daily ed. June 17, 1992); id. at S7496 (daily ed. June 3, 1992); id. at S7075 (daily ed. May 20, 1992); id. at S6617 (daily ed. May 13, 1992); id. at S6238 (daily ed. May 6, 1992); id. at S5822 (daily ed. Apr. 29, 1992); id. at S5330 (daily ed. Apr. 9, 1992); id. at S4969 (daily ed. Apr. 7, 1992); id. at S4407 (daily ed. Mar. 26, 1992); id. at S3576 (daily ed. Mar.12, 1992); id. at S2770 (daily ed. Mar. 3, 1992); id. at S2347 (daily ed. Feb. 26, 1992); id. at S2119 (daily ed. Feb. 21, 1992); id. at S933 (daily ed. Feb. 4, 1992); id. at S307 (daily ed. Jan. 23, 1992); 137 Cong. Rec. at S14,095 (daily ed. Oct. 1, 1991); id. at S13,615 (daily ed. Sept. 24, 1991); id. at S13,193 (daily ed. Sept. 17, 1991); id. at S12,811 (daily ed. Sept. 11, 1991); id. at S11,386 (daily ed. July 30, 1991); id. at S10,303 (daily ed. July 17, 1991); id. at S9406 (daily ed. July 9, 1991); id. at S8513 (daily ed. June 24, 1991); id. at S8049 (daily ed. June 18, 1991); id. at S7703 (daily ed. June 12, 1991); id. at S6255 (daily ed. May 21, 1991); id. at S5964 (daily ed. May 15, 1991); id. at S4913 (daily ed. Apr. 23); id at S4509 (daily ed. Apr. 16, 1991); id. at S4139 (daily ed. Mar. 22, 1991); id. at S3118 (daily ed. Mar. 12, 1991); id. S2692-93 (daily ed. Mar. 5, 1991); 136 Cong. Rec. S6266-67 (daily ed. May 15, 1990); id. at S5927-28 (daily ed. May 9, 1990); id. at S5372 (daily ed. Apr. 30, 1990); id. at S4953 (daily ed. Apr. 24, 1990); id. at S3913 (daily ed. Apr. 3, 1990); id. at S3127 (daily ed. Mar. 26, 1990); id. at S29.54-SS (daily ed. Mar. 21, 1990); id. at S2212 (daily ed. Mar. 6, 1990); id. at S1713-74 (daily ed. Feb. 17, 1990); id. at S1648-49 (daily ed. Feb.26, 1990); id. at S1040 (daily ed. Feb. 7, 1990); id. at S924-26 (daily ed. Feb. 6, 1990); 135 Cong. Rec. S16,426-27 (daily ed. Nov. 20, 1989); id. at S15,576-77 (daily ed. Nov. 14, 1989); id at S15,201 (daily ed. Nov. 7, 1989); id. at S14,617 (daily ed. Nov. 2, 1989); id. at S14,616-17 (daily ed. Nov. 2, 1989); id. at S11,916-17 (daily ed. Sept. 26, 1989); id. at S11,915-16 (daily ed. Sept. 26, 1989); id. at S11,395-96 (daily ed. Sept. 19, 1989); id. at S11394-95 (daily ed. Sept. 19, 1989); id. at S10,373 (daily ed. Aug. 4, 1989); id. at S9395-96 (daily ed. Aug. 1, 1989); id. at S8654-56 (daily ed. July 24, 1989); id. at S8074-75 (daily ed. July 17, 1989); id. at S7843-44 (daily ed. July 12, 1989); id. at S7004-05 (daily ed. June 20, 1989); id. at S6566 (daily ed. June 13, 1989); id. at S6346-47 (daily ed. June 7, 1989); id. at S6059 (daily ed. June 1, 1989); id. at S5432 (daily ed. May 16, 1989); id. at S5060-61(daily ed. May 9, 1989); id. at S4648-49 (daily ed. May 2, 1989); id. at S4065 (daily ed. Apr. 17, 1989); id. at S3558-59 (daily ed. Apr. 10, 1989); id. at S3392 (daily ed. Apr. 5, 1989); id. at S2746 (daily ed. Mar. 15, 1989); id. at S2029 (daily ed. Mar. 2, 1989); id. at S1863 (daily ed. Feb. 28, 1989); id. at S1392 (daily ed. Feb. 8, 1989); id. at S1126 (daily ed. Feb. 2, 1989).

417. See supra  p. 153.

418. See supra p. 153.

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[Subsection (c)]

(c) Five-Year Projection of Congressional Budget Action.—As soon as practicable after the beginning of each fiscal year, the Director of the Congressional Budget Office shall issue a report projecting for the period of 5 fiscal years beginning with such fiscal year.

(1) total new budget authority419 and total budget outlays420 for each fiscal year in such period;

(2) revenues to be received and the major sources thereof, and the surplus or deficit,421 if any, for each fiscal year in such period;

(3) tax expenditures422 for each fiscal year in such period; [p. 156]

(4) entitlement authority423 for each fiscal year in such period; and

(5) credit authority424 for each fiscal year in such period.

[Notes to Subsection (c)]

419. Section 3(2) defines “budget authority”. See supra pp. 11-13.

420. Section 3(1) defines “budget outlays”. See supra p. 11.

421. Section 3(6) defines “deficit”. See supra p. 16.

422. Section 3(3) defines “tax expenditures”. See supra p. 13.

423. Section 3(9) (see supra p. 18) defines “entitlement authority” to mean that authority described in section 401(c)(2)(C) (see infra p. 252).

424. Section 3(10) defines “credit authority”. See supra p. 19.

Counsel Notes

[1] Section 10110 of the Budget Enforcement Act of 1997 (BEA 1997) (Pub. L. 105-33) made a number of conforming amendments since BEA 1997 made changes to certain budgetary terms, such as the definition of “new spending authority” and “credit authority”. It repealed subsection(a)(1) (B), and other made other changes. The reference to “section 401(c)(2)” prior to the BEA 1997 usually was a reference to “new spending authority” or “spending authority”, but that definition was repealed by section 10116 (BEA 1997).

 

 

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