§015t. (CB) Three Section 311 Congressional Budget Act of 1974

Cyclopedia

Section 311
Congressional Budget Act of 1974

Summary

Section 311 of the Congressional Budget Act of 1974 applies limits to total amounts of spending and receipts in the House and Senate. These are termed “aggregates” in budget terminology, In the House, prohibits consideration of legislation that would cause new budget authority or outlays to exceed the levels set forth in the budget resolution for the first fiscal year or revenues to fall below the levels set forth in the budget resolution for the first fiscal year or for the total of all fiscal years for which allocations are made pursuant to Section 302(a) (CBA).

Aggregate spending and Revenue in House and Senate. The point of order prohibits consideration of legislation that would cause new budget authority or outlays to exceed the levels set forth in the budget resolution for the first fiscal year, or revenues to fall below the levels set forth in the budget resolution for the first fiscal year, or for the period of fiscal years, to which the budget resolution applies).

Social Security (Senate only). The point of order prohibits consideration of legislation causing a decrease in Social Security surpluses or an increase in Social Security deficits relative to the level set forth in the budget resolution for the first fiscal year, or for the period of fiscal years, to which the budget resolution applies).

Rosty Exception (Paygo): Section 302(g) of the Congressional Budget Act (known as the Pay-As-You-Go exception) provides that Sections 302(f)(1), 303(a) (after April 15), and 311(a), as it applies to revenues, shall not apply in the House to legislation (bill, joint resolution, amendment, or conference report) if for each fiscal year covered by the most recently agreed to budget resolution such legislation would not increase the deficit if added to other changes in revenues or direct spending provided in the budget resolution pursuant to pay-as-you-go procedures included under Section 301(b)(8).

Fazio Exception. Section 311(c) provides that 311(a) shall not apply in the House to legislation that would not cause a committee’s spending allocation under 302(a) to be exceeded. See the Fazio Exception for more information.

Section 311 is classified to the U.S. Code at 2 U.S.C. 641.

Deschler’s Precedents: Chapter 41 (Budget Process)

§ 10. Section 311

Section 311 of the Congressional Budget Act^[1] provides a point of order against the consideration of legislation providing budget authority that exceeds the spending ceiling or reduces revenues below the revenue floor established by the most recent concurrent resolution on the budget. The point of order addresses budget aggregates (i.e., total levels of budget authority and revenues), rather than committee allocations (which are governed by section 302(f)) or individual functional categories.

[See Section 10 of Deschler’s for complete information related to House Parliamentarian interpretation on section 311 (CBA)]

Deschler’s Precedents of the U.S. House of Representatives, Volume 18, Chapter 41, §10, p. 145-164.