BBEDCA (Contents)
Balanced Budget and Emergency Deficit Control Act of 1985
Section 201
(Full Section from BBEDCA)
Title II—Deficit Reduction Procedures
PART A—CONGRESSIONAL BUDGET PROCESS
SUBPART I—CONGRESSIONAL BUDGET
SEC. 201. CONGRESSIONAL BUDGET.
(a) Definitions.—
(1) Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end thereof the following new paragraphs:
“(6) The term ‘deficit’ means, with respect to any fiscal year, the amount by which total budget outlays for such fiscal year exceed total revenues for such fiscal year. In calculating the deficit for purposes of comparison with the maximum deficit amount under the Balanced Budget and Emergency Deficit Control Act of 1985 and in calculating the excess deficit for purposes of sections 251 and 252 of such Act (notwithstanding section 710(a) of the Social Security Act[1]), for any fiscal year, the receipts of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for such fiscal year and the taxes payable under sections 1401(a), 3101(a), and 3111(a) of the Internal Revenue Code of 1954[2] during such, fiscal year shall be included in total revenues for such fiscal year, and the disbursements of each such Trust Fund for such fiscal year shall be included in total budget outlays for such fiscal year. Notwithstanding any other provision of law except to the extent provided by section 710(a) of the Social Security Act,[3] the receipts, revenues, disbursements, budget authority, and outlays of each off-budget Federal entity for a fiscal year shall be included in total budget authority, total budget outlays, and total revenues and the amounts of budget authority and outlays set forth for each major functional category, for such fiscal year. Amounts paid by the Federal Financing Bank[4] for the purchase of loans made or guaranteed by a department, agency, or instrumentality of the Government of the United States shall be treated as outlays of such department, agency, or instrumentality.
“(7) The term ‘maximum deficit amount’ means—
“(A) with respect to the fiscal year beginning October 1, 1985, $171,900,000,000;
“(B) with respect to the fiscal year beginning October 1, 1986, $144,000,000,000;
“(C) with respect to the fiscal year beginning October 1, 1987, $108,000,000,000;
“(D) with respect to the fiscal year beginning October 1, 1988, $72,000,000,000;
“(E) with respect to the fiscal year beginning October 1, 1989, $36,000,000,000; and
“(F) with respect to the fiscal year beginning October 1, 1990, zero.
“(8) The term ‘off-budget Federal entity’ means any entity (other than a privately-owned Government-sponsored entity)—
“(A) which is established by Federal law, and
“(B) the receipts and disbursements of which are required by law to be excluded from the totals of—
“(i) the budget of the United States Government submitted by the President pursuant to section 1105 of title 31, United States Code, or
“(ii) the budget adopted by the Congress pursuant to title III of this Act.
“(9) The term ‘entitlement authority’ means spending authority described by section 401(c)(2)(C).[5]
“(10) The term ‘credit authority’ means authority to incur direct loan obligations or to incur primary loan guarantee commitments.”
(2) Paragraph (2) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting before the comma the following: “or to collect offsetting receipts.”.
(b) Congressional Budget Process.—Title III of the Congressional Budget Act of 1974 is amended to read as follows:
“TITLE III-CONGRESSIONAL BUDGET PROCESS
“Sec. 300. The timetable with respect to the congressional budget process for any fiscal year is as follows:
| “On or before: | Action to be completed: |
| First Monday after January 3 | President submits his budget. |
| February 15 | Congressional Budget Office submits report to Budget Committees. |
| February 25 | Committees submit views and estimates to Budget Committees. |
| April 1 | Senate Budget Committee reports concurrent resolution on the budget |
| April 15 | Congress completes action on concurrent resolution on the budget. |
| May 15 | Annual appropriation bills may be considered in the House. |
| June 10 | House Appropriations Committee reports last annual appropriation bill. |
| June 15 | Congress completes action on reconciliation Legislation. |
| June 30 | House completes action on annual appropriation bills. |
| October 1 | Fiscal year begins. |
“annual adoption of concurrent resolution on the budget
“Sec. 301. (a) Content of Concurrent Resolution on the Budget.—On or before April 15 of each year, the Congress shall complete action on a concurrent resolution on the budget for the fiscal year on October 1 of such year. The concurrent resolution shall set-forth appropriate levels for the fiscal year beginning on October 1of such year, and planning levels for each of the two ensuing fiscal years, for the following—
“(1) totals of new budget authority, budget outlays, direct loan obligations, and primary loan guarantee commitments;
“(2) total Federal revenues and the amount, if any, by which the aggregate level of Federal revenues should be increased or decreased by bills and resolutions to be reported by the appropriate committees;
“(3) the surplus or deficit in the budget;
“(4) new budget authority, budget outlays, direct loan obligations, and primary Loan guarantee commitments for each major functional category, based on allocations of the total levels set forth pursuant to paragraph (l); and
“(5) the public debt.
“(b) Additional Matters in Concurrent Resolution on the Budget.—The concurrent resolution on the budget may—
“(1) set forth, if required by subsection (t), the calendar year in which, in the opinion of the Congress, the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 should be achieved;
“(2) include reconciliation directives described in section 310; “(3) require a procedure under which all or certain bills or resolutions providing new budget authority or new entitlement authority for such fiscal year shall not be enrolled until the Congress has completed action on any reconciliation bill or reconciliation resolution or both required by such concurrent resolution to be reported in accordance with section 310(b); and “(4) set forth such other matters, and require such other procedures, relating to the budget, as may be appropriate to carry out the purposes of this Act.
“(c) Consideration of Procedures or Matters Which Have the Effect of Changing Any Rule of the House of Representatives.—If the Committee on the Budget of the House of Representatives reports any concurrent resolution on the budget which includes any procedure or matter which has the effect of changing any rule of the House of Representatives, such concurrent resolution shall then be referred to the Committee on Rules with instructions to report it within five calendar days (not counting any day on which the House is not in session). The Committee on Rules shall have jurisdiction to report any concurrent resolution referred to it under this paragraph with an amendment or amendment.& changing or striking out any such procedure or matter.
“(d) Views and Estimates of Other Committees.—On or before February 25 of each year, each committee of the House of Representatives having legislative jurisdiction shall submit to the Committee on the Budget of the House and each committee of the Senate having legislative jurisdiction shall submit to the Committee on the Budget of the Senate its views and estimates (as determined by the committee making such submission) with respect to all matters set forth in subsections (a) and (b) which relate to matters within the jurisdiction or functions of such committee. The Joint Economic Committee shall submit to the Committees on the Budget of both Houses its recommendations as to the fiscal policy appropriate to the goals of the Employment Act of 1946. Any other committee of the House of Representatives or the Senate may submit to the Committee on the Budget of its House, and any joint committee of the Congress may submit to the Committees on the Budget of both Houses, its views and estimates with respect to all matters set forth in subsections (a) and (b) which relate to matters within its jurisdiction or functions.
“(e) Hearings and Report.—In developing the concurrent resolution on the budget referred to in subsection (a) for each fiscal year, the Committee on the Budget of each House shall hold hearings and shall receive testimony from Members of Congress and such appropriate representatives of Federal departments agencies, the general public, and national organizations as the committee deems desirable. Each of the recommendations as to short-term and medium-term goals set forth in the report submitted by the members of the Joint Economic Committee under subsection (d) may be considered by the Committee on the Budget of each House as part of its consideration of such concurrent resolution, and its report may reflect its views thereon, including its views on how the estimates of revenues and levels of budget authority and outlays set forth in such concurrent resolution are designed to achieve any goals it is recommending. The report accompanying such concurrent resolution shall include, but not be limited to-
“(1) a comparison of revenues estimated by the committee with those estimated in the budget submitted by the President;
“(2) a comparison of the appropriate levels of total budget outlays and total new budget authority, total direct loan obligations, total primary loan guarantee commitments.as set forth in such concurrent resolution, with those estimated or requested in the budget submitted by the President;
“(3) with respect to each major functional category, an estimate of budget outlays and an appropriate level of new budget authority for all proposed programs and for all existing programs (including renewals thereof), with the estimate and level for existing programs being divided between permanent authority and funds provided in appropriation Acts, and with each such division being subdivided between controllable amounts and all other amounts;
“(4) an allocation of the level of Federal revenues recommended in the concurrent resolution among the major sources of such revenues;
“(5) the economic assumptions and objectives which underlie each of the matters set forth in such concurrent resolution and any alternative economic assumptions and objectives which the committee considered;
“(6) projections (not limited to the following), for the period of five fiscal years beginning with such fiscal year” of the esti mated levels of total budget outlays and total new budget authority, the estimated revenues to be received, and the esti mated surplus or deficit, if any, for each fiscal year in such period, and the estimated levels of tax expenditures (the tax expenditures budget) by major functional categories;
‘(7) a statement of any significant changes in the proposed levels of Federal assistance to State and local governments;
“(8) information, data, and comparisons indicating the manner in which, and the basis on which, the committee determined each of the matters set forth in the concurrent resolution; and
“(9) allocations described in section 302(a).
“(f) Achievement of Goals for Reducing Unemployment.—
“(1) If, pursuant to section 4(c) of the Employment Act of 1946, the President recommends in the Economic Report that the goals for reducing unemployment set forth in section 4(b) of such Act be achieved in a year after the close of the five-year period prescribed by such subsection, the concurrent resolution on the budget for the fiscal year beginning after the date on which such Economic Report is received by the Congress may set forth the year in which, in the opinion of the Congress, such goals can be achieved.
“(2) After the Congress has expressed its opinion pursuant to paragraph (1) as to the year in which the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 can be achieved, if, pursuant to section 4(e) of such Act, the President recommends in the Economic Report that such goals be achieved in a year which is different from the year in which the Congress has expressed its opinion that such goals should be achieved, either in its action pursuant to paragraph (1) or in its most recent action pursuant to this paragraph, the concurrent resolution on the budget for the fiscal year beginning after the date on which such Economic Report is received by the Congress may set forth the year in which, in the opinion of the Congress, such goals can be achieved.
“(3) It shall be in order to amend the provision of such resolution setting forth such year only if the amendment thereto also proposes to alter the estimates, amounts, and levels (as described in subsection (a)) set forth in such resolution in germane fashion in order to be consistent with the economic goals (as described in sections 3(a)(2) and 4(b) of the Employment Act of 1946) which such amendment proposes can be achieved by the year specified in such amendment.
“(g) Common Economic Assumptions.—The joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall set forth the common economic assumptions upon which such joint statement and conference report are based, or upon which any amendment contained in the joint explanatory statement to be proposed by the conferees in the case of technical disagreement is based.
“(h) Budget Committees Consultation With Committees.—The Committee on the Budget of the House of Representatives shall consult with the committees of its House having legislative jurisdiction during the preparation, consideration, and enforcement of the concurrent resolution on the budget with respect to all matters which relate to the jurisdiction or functions of such committees,
“(i) Maximum Deficit Amount May Not Be Exceeded.—
“(1)(A) Except as provided in paragraph (2), it shall not be in order in either the House of Representatives or the Senate to consider any concurrent resolution on the budget for a fiscal year under this section, or to consider any amendment to such a concurrent resolution, or to consider a conference report on such a concurrent resolution, if the level of total budget outlays for such fiscal year that is set forth in such concurrent resolution or conference report exceeds the recommended level of Federal revenues set forth for that year by an amount that is greater than the maximum deficit amount for such fiscal year as determined under section 3(7), or if the adoption of such amendment would result in a level of total budget outlays for that fiscal year which exceeds the recommended level of Federal revenues for that fiscal year, by an amount that is greater than the maximum deficit amount for such fiscal year as determined under section 3(7).
“(B) In the House of Representatives the point of order established under subparagraph (A) with respect to the consideration of a conference report or with respect to the consideration of a motion to concur, with or without an amendment or amendments, in a Senate amendment, the stage of disagreement having been reached, may be waived only by a vote of three-fifths of the Members present and voting, a quorum being present.
“(2) Paragraph (1) of this subsection shall not apply if a declaration of war by the Congress is in effect.
“committee allocations
“Sec. 302. (a) Allocation of Totals.—
“(1) For the House of Representatives, the joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall include an estimated allocation, based upon such concurrent resolution as recommended in such conference report, of the appropriate levels of total budget outlays, total new budget authority, total entitlement authority, and total credit authority among each committee of the House of Representatives which has jurisdiction over laws, bills and resolutions providing such new budget authority, such entitlement authority, or such credit authority. The allocation shall, for each committee, divide new budget authority, entitlement authority, and credit authority between amounts provided or required by law on the date of such conference report (mandatory or uncontrollable amounts), and amounts not so provided or required (discretionary or controllable amounts), and shall make the same division for estimated outlays that would result from such new budget authority.
“(2) For the Senate, the joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall include an estimated allocation, based upon such concurrent resolution as recommended in such conference report, of the appropriate levels of total budget outlays, total new budget authority and new credit authority among each committee of the House of Representatives and the Senate which has jurisdiction over bills and resolutions providing such new budget authority.
“(b) Reports by Committees.—As soon as practicable after a concurrent resolution on the budget is agreed to—
“(1) the Committee on Appropriations of each House shall, after consulting with the Committee on Appropriations of the other House, (A) subdivide among its subcommittees the allocation of budget outlays, new budget authority, and new credit authority allocated to it in the joint explanatory statement accompanying the conference report on such concurrent resolution, and (B) further subdivide the amount with respect to each such subcommittee between controllable amounts and all other amounts; and
“(2) every other committee of the House and Senate to which an allocation was made in such joint explanatory statement shall, after consulting with the committee or committees of the other House to which all or part of its allocation was made, (A) subdivide such allocation among its subcommittees or among programs over which it has jurisdiction, and (B) further subdivide the amount with respect to each subcommittee or program between controllable amounts and all other amounts.
Each such committee shall promptly report to its House the subdivisions made by it pursuant to this subsection.
“(c) Point of Order.—It shall not be in order in the House of Representatives or the Senate to consider any bill or resolution, or amendment thereto, providing—
“(1) new budget authority for a fiscal year;
“(2) new spending authority as described in section 401(c)(2) for a fiscal year; or
“(3) new credit authority for a fiscal year;
within the jurisdiction of any committee which has received an appropriate allocation of such authority pursuant to subsection (a) for such fiscal year, unless and until such committee makes the allocation or subdivisions required by subsection (b), in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year.
“(d) Subsequent Concurrent Resolutions.—In the case of a concurrent resolution on the budget referred to in section 304, the allocations under subsection (a) and the subdivisions under subsection (b) shall be required only to the extent necessary to take into account revisions made in the most recently agreed to concurrent resolution on the budget.
“(e) Alteration of Allocations.—At any time after a committee reports the allocations required to be made under subsection (b) such committee may report to its House an alteration of such allocations. Any alteration of such allocations must be consistent with any actions already taken by its House on legislation within the committee’s jurisdiction.
“(f) Legislation Subject to Point of Order.—
“(1) In the house of representatives.—After the Congress has completed action on a concurrent resolution on the budget for a fiscal year, it shall not be in order in the House of Representatives to consider any bill, resolution, or amendment providing new budget authority for such fiscal year, new entitlement authority effective during such fiscal year, or new credit authority for such fiscal year, or any conference report on any such bill or resolution, if—
“(A) the enactment of such bill or resolution as reported;
“(B) the adoption and enactment of such amendment; or
“(C) the enactment of such bill or resolution in the form recommended in such conference report, would cause the appropriate allocation made pursuant to subsection (b) for such fiscal year of new discretionary budget authority, new entitlement authority, or new credit authority to be exceeded.
“(2) In the senate.—At any time after the Congress has completed action on the concurrent resolution on the budget required to be reported under section 301(a) for a fiscal year, it shall not be in order in the Senate to consider any bill or resolution (including a conference report thereon), or any amendment to a bill or resolution, that provides for budget outlays or new budget authority in excess of the appropriate allocation of such outlays or authority reported under subsection (b) in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year.
“(g) Determination by Budget Committees.—For purposes of this section, the levels of new budget authority, spending authority as described in section 401(c)(2), outlays, and new credit authority for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or the Senate, as the case may be.
“concurrent resolution on the budget must be adopted before legislation providing new budget authority, new spending authority, new credit authority, or changes in revenues or the public debt limit is considered
“Sec. 303. (a) In General.—It shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution (or amendment thereto) as reported to the House or Senate which provides—
“(1) new budget authority for a fiscal year;
“(2) an increase or decrease in revenues to become effective during a fiscal year;
“(3) an increase or decrease in the public debt limit to become effective during a fiscal year;
“(4) new entitlement authority to become effective during a fiscal year; or
“(5) new credit authority for a fiscal year, until the concurrent resolution on the budget for such fiscal year has been agreed to pursuant to section 301.
“(b) Exceptions.—Subsection (a) does not apply to any bill or resolution—
“(1) providing new budget authority which first becomes available in a fiscal year following the fiscal year to which the concurrent resolution applies; or
“(2) increasing or decreasing revenues which first become effective in a fiscal year following the fiscal year to which the concurrent resolution applies. After May 15 of any calendar year, subsection (a) does not apply in the House of Representatives to any general appropriation bill, or amendment thereto, which provides new budget authority for the fiscal year beginning in such calendar year.
“(c) Waiver in the Senate.—
“(1) The Committee of the Senate which reports any bill or resolution (or amendment thereto) to which subsection (a) applies may at or after the time it reports such bill or resolution (or amendment), report a resolution to the Senate (A) providing for the waiver of subsection (a) with respect to such bill or resolution (or amendment), and (B) stating the reasons why the waiver is necessary. The resolution shall then be referred to the Committee on the Budget of the Senate. That committee shall report the resolution to the Senate within 10 days after the resolution is referred to it (not counting any day on which the Senate is not in session) beginning with the day following the day on which it is so referred, accompanied by that committee’s recommendations and reasons for such recommendations with respect to the resolution. If the committee does not report the resolution within such 10-day period, it shall automatically be discharged from further consideration of the resolution and the resolution shall be placed on the calendar.
“(2) During the consideration of any such resolution, debate shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the resolution. In the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of such resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. No amendment to the resolution is in order.
“(3) If, after the Committee on the Budget has reported (or been discharged from further consideration of) the resolution, the Senate agrees to the resolution, then subsection (a) shall not apply with respect to the bill or resolution (or amendment thereto) to which the resolution so agreed to applies.
“permissible revisions of concurrent resolutions on the budget
“Sec. 304. (a) In General.—At any time after the concurrent resolution on the budget for a fiscal year has been agreed to pursuant to section 301, and before the end of such fiscal year, the two Houses may adopt a concurrent resolution on the budget which revises or reaffirms the concurrent resolution on the budget for such fiscal year most recently agreed to.
“(b) Maximum Deficit Amount May Not Be Exceeded.—The provisions of section 301(i) shall apply with respect to concurrent resolutions on the budget under this section (and amendments thereto and conference reports thereon) in the same way they apply to concurrent resolutions on the budget under such section 301(i) (and amendments thereto and conference reports thereon).
“provisions relating to the consideration of concurrent resolutions on the budget
“Sec. 305. (a) Procedure in House of Representatives After Report of Committee; Debate.—
“(1) When the Committee on the Budget of the House of Representatives has reported any concurrent resolution on the budget, it is in order at any time after the fifth day (excluding Saturdays, Sundays, and legal holidays) following the day on which the report upon such resolution by the Committee on the Budget has been available to Members of the House and, if applicable, after the first day (excluding Saturdays, Sundays, and legal holidays) following the day on which a report upon such resolution by the Committee on Rules pursuant to section 301(c) has been available to Members of the House (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the concurrent resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
“(2) General debate on any concurrent resolution on the budget in the House of Representatives shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority parties, plus such additional hours of debate as are consumed pursuant to paragraph (3). A motion further to limit debate is not debatable. A motion to recommit the concurrent resolution is not in order, and it is not in order to move to reconsider the vote by which the concurrent resolution is agreed to or disagreed to.
“(3) Following the presentation of opening statements on the concurrent resolution on the budget for a fiscal year by the chairman and ranking minority member of the Committee on the Budget of the House, there shall be a period of up to four hours for debate on economic goals and policies.
“(4) Only if a concurrent resolution on the budget reported by the Committee on the Budget of the House sets forth the economic goals (as described in sections 3(a)(2)[7] and 4(b)[8] of the Full Employment Act of 1946) which the estimates, amounts, and levels (as described in section 301(a)) set forth in such resolution are designed to achieve, shall it be in order to offer to such resolution an amendment relating to such goals, and such amendment shall be in order only if it also proposes to alter such estimates, amounts, and levels in germane fashion in order to be consistent with the goals proposed in such amendment.
“(5) Consideration of any concurrent resolution on the budget by the House of Representatives shall be in the Committee of the Whole, and the resolution shall be considered for amendment under the five-minute rule in accordance with the applicable provisions of rule XXIII of the Rules of the House of Representatives. After the Committee rises and reports the resolution back to the House, the previous question shall be considered as ordered on the resolution and any amendments thereto to final passage without intervening motion; except that it shall be in order at any time prior to final passage (notwithstanding any other rule or provision of law) to adopt an amendment (or a series of amendments) changing any figure or figures in the resolution as so reported to the extent necessary to achieve mathematical consistency.
“(6) Debate in the House of Representatives on the conference report on any concurrent resolution on the budget shall be limited to not more than 5 hours, which shall be divided equally between the majority and minority parties. A motion further to limit debate is not debatable. A motion to recommit the conference report is not in order, and it is not in order to move to reconsider the vote by which the conference report is agreed to or disagreed to.
“(7) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any concurrent resolution on the budget shall be decided without debate.
“(b) Procedure In Senate After Report Of Committee; Debate; Amendments.—
“(1) Debate in the Senate on any concurrent resolution on the budget, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 50 hours, except that with respect to any concurrent resolution referred to in section 304(a) all such debate shall be limited to not more than 15 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
“(2) Debate in the Senate on any amendment to a concurrent resolution on the budget shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, and debate on any amendment to an amendment, debatable motion, or appeal shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, except that in the event the manager of the concurrent resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of such concurrent resolution shall be received. Such leaders, or either of them, may, from the time under their control on the passage of the concurrent resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal.
“(3) Following the presentation of opening statements on the concurrent resolution on the budget for a fiscal year by the chairman and ranking minority member of the Committee on the Budget of the Senate, there shall be a period of up to four hours for debate on economic goals and policies.
“(4) Subject to the other limitations of this Act, only if a concurrent resolution on the budget reported by the Committee on the Budget of the Senate sets forth the economic goals (as described in sections 3(a)(2) and 4(b) of the Employment Act of 1946) which the estimates, amounts, and levels (as described in section 301(a)) set forth in such resolution are designed to achieve, shall it be in order to offer to such resolution an amendment relating to such goals, and such amendment shall be in order only if it also proposes to alter such estimates, amounts, and levels in germane fashion in order to be consistent with the goals proposed in such amendment.
“(5) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution.
“(6) Notwithstanding any other rule, an amendment or series of amendments to a concurrent resolution on the budget proposed in the Senate shall always be in order if such amendment or series of amendments proposes to change any figure or figures then contained in such concurrent resolution so as to make such concurrent resolution mathematically consistent or so as to maintain such consistency.
“(c) Action On Conference Reports In The Senate.—
“(1) The conference report on any concurrent resolution on the budget shall be in order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to.
“(2) During the consideration in the Senate of the conference report on any concurrent resolution on the budget, debate shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report.
“(3) Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to 1 hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to one-half hour, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between and controlled by the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee.
“(4) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received.
“(d) Required Action By Conference Committee.—If at the end of 7 days (excluding Saturdays, Sundays, and legal holidays) after the conferees of both Houses have been appointed to a committee of conference on a concurrent resolution on the budget, the conferees are unable to reach agreement with respect to all matters in disagreement between the two Houses, then the conferees shall submit to their respective Houses, on the first day thereafter on which their House is in session—
“(1) a conference report recommending those matters on which they have agreed and reporting in disagreement those matters on which they have not agreed; or
“(2) a conference report in disagreement, if the matter in disagreement is an amendment which strikes out the entire text of the concurrent resolution and inserts a substitute text.
“(e) Concurrent Resolution Must Be Consistent In The Senate.—It shall not be in order in the Senate to vote on the question of agreeing to—
“(1) a concurrent resolution on the budget unless the figures then contained in such resolution are mathematically consistent; or
“(2) a conference report on a concurrent resolution on the budget unless the figures contained in such resolution, as recommended in such conference report, are mathematically consistent.
“legislation dealing with congressional budget must be handled by budget committees
”Sec. 306. No bill or resolution, and no amendment to any bill or resolution, dealing with any matter which is within the jurisdiction of the Committee on the Budget of either House shall be considered in that House unless it is a bill or resolution which has been reported by the Committee on the Budget of that House (or from the consideration of which such committee has been discharged) or unless it is an amendment to such a bill or resolution.
“house committee action on all appropriation bills to be completed by june 10
“Sec. 307. On or before June 10 of each year, the Committee on Appropriations of the House of Representatives shall report annual appropriation bills providing new budget authority under the juris diction of all of its subcommittees for the fiscal year which begins on October 1 of that year.
“reports, summaries, and projections of congressional budget actions
“Sec. 308. (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 report$ to its House a bill or resolution, or committee amendment thereto, providing new budget authority (other than continuing appropriations), new spending authority described in section 401(c)(2), or new credit authority, or providing an increase or decrease in revenues or tax expenditures for a fiscal year, 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 under section 302(b) for the most recently agreed to concurrent resolution on the budget for such fiscal year;
“(B) including an identification of any new spending authority described in section 401{c)(2) 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, budget outlays, spending authority, revenues, tax expenditures, direct loan obligations, or primary loan guarantee commitments under existing law for such fiscal year and each of the four ensuing fiscal years, if timely submitted before such report is filed; and
“(D) containing an estimate by the Congressional Budget Office of the level of new budget authority 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 authority (other than continuing appropriations), new spending authority described in section 401(c)(2), or new credit authority, or provides an increase or decrease in revenues for a fiscal year, the statement of managers accompanying such con ference report shall contain the information described in para graph (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.
“(b) Up-To-Date Tabulations Of Congressional Budget Action.—
“(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 monthly basis detailing and tabulating the progress of congressional action on bills and resolutions providing new budget authority, new spending authority described in section 401(c)(2). or new credit authority, or providing an increase or decrease in revenues or tax expenditures for a fiscal year. Such reports shall include but are not limited to an up-to-date tabulation comparing the appropriate aggregate and functional levels (including outlays) 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 such fiscal year.
“(2) The Committee on the Budget of each House shall make available to Members of its House summary budget scorekeeping reports. 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;
“(B) shall include, but are not limited to, summaries of tabulations provided under subsection (b)(l); and
“(C) shall be based on information provided under subsection (b)(1) without substantive revision.
The chairman of the Committee on the Budget of the House of Representatives shall submit such reports to the Speaker.
(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 authority and total budget outlays for each fiscal year in such period;
“(2) revenues to be received and the major sources thereof, and the surplus or deficit, if any, for each fiscal year in such period;
“(3) tax expenditures for each fiscal year in such period;
“(4) entitlement authority for each fiscal year in each period; and
“(5) credit authority for each fiscal year in such period.
“house approval of regular appropriation bills
“Sec. 309. It shall not be in order in the House of Representatives to consider any resolution providing for an adjournment period of more than three calendar days during the month of July until the House of Representatives has approved annual appropriation bills providing new budget authority under the jurisdiction of all the subcommittees of the Committee on Appropriations for the fiscal year beginning on October 1 of such year. For purposes of this section, the chairman of the Committee on Appropriations of the House of Representatives shall periodically advise the Speaker as to changes in jurisdiction among its various subcommittees.
“reconciliation
“Sec. 310. (a) Inclusion of Reconciliation Directives in Concurrent Resolutions on the Budget.—A concurrent resolution on the budget for any fiscal year, to the extent necessary to effectuate the provisions and requirements of such resolution, shall-
“(1) specify the total amount by which—
“(A) new budget authority for such fiscal year;
“(B) budget authority initially provided for prior fiscal years;
“(C) new entitlement authority which is to become effective during such fiscal year; and
“(D) credit authority for such fiscal year,
contained in laws, bills, and resolutions within the jurisdiction of a committee, is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount;
“(2) specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount;
“(3) specify the amounts by which the statutory limit on the public debt is to be changed and direct the committee having jurisdiction to recommend such change; or
“(4) specify and direct any combination of the matters described in paragraphs (1), (2), and (3).
“(b) Legislative Procedure.—If a concurrent resolution containing directives to one or more committees to determine and recommend changes in laws, bills, or resolutions is agreed to in accordance with subsection (a), and-
“(1) only one committee of the House or the Senate is directed to determine and recommend changes, that committee shall promptly make such determination and recommendations and report to its House reconciliation legislation containing such recommendations; or
“(2) more than one committee of the House or the Senate is directed to determine and recommend changes, each such committee so directed shall promptly make such determination and recommendations and submit such recommendations to the Committee on the Budget of its House, which, upon receiving all such recommendations, shall report to its House reconciliation legislation carrying out all such recommendations without any substantive revision.
For purposes of this subsection, a reconciliation resolution is a concurrent resolution directing the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be, to make specified changes in bills and resolutions which have not been enrolled.
“(c) Compliance With Reconciliation Directions.—Any committee of the House of Representatives or the Senate that is directed, pursuant to a concurrent resolution on the budget, to determine and recommend changes of the type described in paragraphs (1) and (2) of subsection (a) with respect to laws within its jurisdiction, shall be deemed to have complied with such directions-
“(1) if-
“(A) the amount of the changes of the type described in paragraph (1) of such subsection recommended by such committee do not exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under such paragraph by more than 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection, and
“(B) the amount of the changes of the type described in paragraph (2) of such subsection recommended by such committee do not exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under that paragraph by more than 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection; and
“(2) if the total amount of the changes recommended by such committee is not less than the total of the amounts of the changes such committee was directed to make under para graphs (1) and (2) of such subsection.
“(d) Limitation on Amendments to Reconciliation Bills and Resolutions.—
“(1) It shall not be in order in the House of Representatives to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of increasing any specific budget outlays above the level of such outlays provided in the bill or resolution (for the fiscal years covered by the reconciliation instructions set forth in the most recently agreed to concurrent resolution on the budget), or would have the effect of reducing any specific Federal revenues below the level of such revenues provided in the bill or resolution (for such fiscal years), unless such amendment makes at least an equivalent reduction in other specific budget outlays, an equivalent increase in other specific Federal revenues. or an equivalent combination thereof (for such fiscal years), except that a motion to strike a provision providing new budget author ity or new entitlement authority may be in order.
“(2) It shall not be in order in the Senate to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided (for the fiscal years covered) in the reconciliation instructions which relate to such bill or resolution set forth in a resolution providing for reconciliation, or would have the effect of reducing Federal revenue increases below the level of such revenue increases provided (for such fiscal years) in such instructions relating to such bill or resolution, unless such amendment makes a reduction in other specific budget outlays, an increase in other specific Federal revenues, or a combination thereof (for such fiscal years) at least equivalent to any increase in outlays or decrease in revenues provided by such amendment, except that a motion to strike a provision shall always be in order.
“(3) Paragraphs (1) and (2) shall not apply if a declaration of war by the Congress is in effect.
“(4) For purposes of this section, the levels of budget outlays and Federal revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or of the Senate, as the case may be.
“(5) The Committee on Rules of the House of Representatives may make in order amendments to achieve changes specified by reconciliation directives contained in a concurrent resolution on the budget if a committee or committees of the House fail to submit recommended changes to its Committee on the Budget pursuant to its instruction.
“(e) Procedure in the Senate.—
“(1) Except as provided in paragraph (2), the provisions of section 305 for the consideration in the Senate of concurrent resolutions on the budget and conference reports thereon shall also apply to the consideration in the Senate of reconciliation bills reported under subsection (b) and conference reports thereon .
“(2) Debate in the Senate on any reconciliation bill reported under subsection (b), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than O hours.
“(f) Completion of Reconciliation.
“(1) In general.—Congress shall complete action on any reconciliation bill or reconciliation resolution reported under subsection (b) not later than June 15 of each year.
“(2) Point of order in the house of representatives.—It shall not be in order in the House of Representatives to consider any resolution providing for an adjournment period of more than three calendar days during the month of July until the House of Representatives has completed action on the reconciliation legislation for the fiscal year beginning on October 1 of the calendar year to which the adjournment resolution pertains, if reconciliation legislation is required to be reported by the concurrent resolution on the budget for such fiscal year.
“(g) Limitation on Changes to the Social Security Act. Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconciliation bill or reconciliation resolution reported pursuant to a concurrent resolution on the budget agreed to under section 301 or 304. or a resolution pursuant to section 254(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, or any amendment thereto or conference report thereon, that contains recommendations with respect to the old-age, survivors, and disability insurance program established under title II of the Social Security Act.
“new budget authority, new spending authority, and revenue legislation must be within appropriate levels
“Sec. 311. (a) Legislation Subject to Point of Order.—Except as provided by subsection (b), after the Congress has completed action on a concurrent resolution on the budget for a fiscal year, it shall not be in order in either the House of Representatives or the Senate to consider any bill, resolution, or amendment providing new budget authority for such fiscal year, providing new entitlement authority effective during such fiscal year, or reducing revenues for such fiscal year, or any conference report on any such bill or resolution, if-
“(1) the enactment of such bill or resolution as reported;
“(2) the adoption and enactment of such amendment; or
“(3) the enactment of such bill or resolution in the form recommended in such conference report;
would cause the appropriate level of total new budget authority or total budget outlays set forth in the most recently agreed to concur rent resolution on the budget for such fiscal year to be exceeded, or would cause revenues to be less than the appropriate level of total revenues set forth in such concurrent resolution or, in the Senate, would otherwise result in a deficit for such fiscal year that exceeds the maximum deficit amount specified for such fiscal year in section 3(7) (except to the extent that paragraph (1) of section 301(i) or section 304(b), as the case may be, does not apply by reason of paragraph (2) of such subsection).
“(b) Exception in the House of Representatives.—Subsection (a) shall not apply in the House of Representatives to any bill, resolution, or amendment which provides new budget authority or new entitlement authority effective during such fiscal year, or to any conference report on any such bill or resolution, if-
“(1) the enactment of such bill or resolution as reported;
“(2) the adoption and enactment of such amendment; or “(3) the enactment of such bill or resolution in the form recommended in such conference report,
would not cause the appropriate allocation of new discretionary budget authority or new entitlement authority made pursuant to section 302(a) for such fiscal year, for the committee within whose jurisdiction such bill, resolution, or amendment falls, to be exceeded.
“(c) Determination of Budget Levels.—For purposes of this section, the levels of new budget authority, budget outlays, new entitlement authority, and revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or of the Senate, as the case may be.”
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COUNSEL NOTES
[4] See Notes on the Joint Statement from BBEDCA 1985.
EXPLANATORY NOTES
The Joint Explanatory Statement of the Managers of Conference on the Balanced Budget and Emergency Deficit Control Act of 1985 included this description:
VIII. BUDGET ACT PROCEDURES AND CHANGES IN THE RULES OF THE HOUSE AND SENATE
The legislation adopts many of the congressional budget reforms proposed in the 98th Congress by the Task Force on the Budget Process, the Committee on Rules, which is commonly called “the Beilenson Task Force” in reference to its Chairman. (See House Report 98-1152, Part 1). Specifically, the legislation provides for an accelerated congressional and executive branch timetable, expands the application of the Budget Act to cover credit authority, includes off-budget programs in the congressional and executive budgets, and streamlines the congressional budget process by providing for an annual budget resolution and by removing unnecessary obstacles to the consideration of authorization and appropriation bills.
Section 201. Congressional Budget (a) Definitions
(1) Deficit.—The Congressional Budget and Impoundment Control Act of 1974 (hereinafter referred to as “current law”) does not include a definition of the term “deficit”.
The House amendment contained a definition of the term “deficit”.
The Senate amendment contained a definition of the term “deficit”.
The conference agreement contains a definition of the term “deficit” which is similar to that found in both amendments. “Deficit” is defined as the amount by which outlays exceed revenues for a fiscal year. The definition includes all off-budget Federal entities.
The definition also includes, for the purposes of the Balanced Budget and Emergency Deficit Reduction Act of 1985, receipts and disbursements of the Social Security trust funds.
The conferees are aware that this requirement conflicts with the mathematical consistency requirement for budget resolutions contained in the Congressional Budget Act and the House rules. The Balanced Budget and Emergency Deficit Control Act prohibits the budget resolution from setting forth social security spending and revenues. The mathematical consistency rule requires that the budget resolution therefore show a deficit which is computed without social security. The conferees intend that budget resolutions which are considered during the operation of the Balanced Budget and Emergency Deficit Control Act will contain two deficit computations: one will exclude social security so as to comply with the mathematical consistency rule. The other will include social security and will be the deficit level used for purposes of determining compliance with the maximum deficit amount under the Balanced Budget and Emergency Deficit Control Act.
(2) Maximum Deficit Amount.—Current law does not contain a definition of “maximum deficit amount”.
The House amendment contained a definition of “maximum deficit amount”.
The Senate amendment contained a definition of “maximum deficit amount”.
The conference agreement defines “maximum deficit amount” to mean $171.9 billion in fiscal year 1986, $144 billion in fiscal year 1987, $108 billion in fiscal year 1988, $72 billion in fiscal year 1989, $36 billion in fiscal year 1990, and zero in fiscal year 1991.
(3) Off-budget Federal entity.—Current law does not contain a definition of off-budget Federal entity”.
The House amendment did not define “off-budget Federal entity”.
The Senate amendment did not define “off-budget Federal entity”.
The conference agreement defines “off-budget Federal entity” as any entity (other than a privately-owned Government-sponsored entity) which is established by Federal law, and the budget receipts and disbursements of which would, but for this Act, be required to be excluded from the President’s budget and the congressional budget. (See also discussion of “Off-Budget Federal Entities”.
(4) Entitlement authority.—Current law does not contain an explicit definition of “entitlement authority”.
The House amendment contained a definition of “entitlement authority”.
The Senate amendment did not contain a definition of “entitlement authority”.
The conference agreement contains the House provision defining “entitlement authority” so as to specifically reference spending authority as described in section 401(c)(2)(C) of the Budget Act, which is the working definition under current interpretation.
(5) Credit Authority.—Current law does not contain a definition of “credit authority”.
The House amendment defined “credit authority” as authority to incur direct loan obligations or primary loan guarantee commitments.
The Senate amendment contained an identical provision.
The conference agreement incorporates this language.
(6) Budget Authority to include Offsetting Receipts.—Current law does not define “budget authority” as including the authority to collect offsetting receipts.
The House amendment defined “budget authority” to include the authority to collect offsetting receipts.
The Senate amendment did not include such a provision.
The conference agreement contains the House provision clarifying the definition of budget authority by specifically including the authority to collect offsetting receipts. Offsetting receipts are amount deposited in receipt accounts. These amounts generally are deducted from budget authority by function and by agency. This provision would not change that scorekeeping practice. A reduction in offsetting receipts increases budget authority. Under the new definition, legislation that decreases offsetting receipts will be treated as legislation providing budget authority. The new definition does not affect the treatment of offsetting collections credited to an account, such as TVA power proceeds.
(b) Congressional Budget Process
The House amendment contained a complete substitute for Title III of the Congressional Budget Act.
The Senate amendment contained a series of amendments to that title.
The conference agreement contains a complete substitute for Title III, as follows:Section 300. Timetable
This section displays the main steps in the congressional budget process by setting forth ten major dates for completion of budget related action.
Section 301. Annual Adoption of Concurrent Resolution on the Budget
(a) Content of Concurrent Resolution on the Budget.—This subsection requires Congress to complete action by April 15 of each year on a concurrent budget resolution. The budget resolution sets forth appropriate budgetary levels for the coming fiscal year and planning levels for the two ensuing fiscal years, including aggregate levels for total new budget authority, budget outlays, direct loan obligations, primary loan guarantee commitments, revenues, the surplus or deficit and the public debt. The budget resolution also sets forth the recommended amount by which revenues should be changed and includes a distribution of total new budget authority, budget outlays, direct loan obligations and primary loan guarantees among functional categories representing major program areas of federal budgetary activity.
(b) Additional Matters in Concurrent Resolution on the Budget.—This subsection provides that the budget resolution may also include reconciliation directives, deferred enrollment of spending bills, other matters and procedures appropriate to carry out the purposes of the Budget Act, and may specify the calendar year in which Congress believes the unemployment goals of the Employment Act of 1946 should be achieved.
(c) Consideration of Procedures or Matters which have the Effect of Changing any Rule of the House of Representatives.—This subsection provides that a budget resolution reported by the House Budget Committee which has the effect of changing any rule of the House of Representatives shall be referred to the Committee on Rules. The Rules Committee then must report it within five calendar days during which the House is in session. The Committee on Rules has the authority to report that budget resolution with an amendment to strike or change the provision affecting the rules.
(d) Views and Estimates of Other Committees.—This subsection requires each standing committee of the House or of the Senate having legislative jurisdiction to submit its views and estimates with regard to any matter in the budget resolution relating to its jurisdiction to its Budget Committee by February 25. All other committees of the House or of the Senate, and all joint committees may also submit such views and estimates. The Joint Economic Committee is required to submit to both Budget Committees its fiscal policy recommendations for achieving the goals of the Employment Act of 1946.
(e) Hearings and Report.—This subsection requires the Budget
Committee of each House to hold hearings and receive testimony from Members of Congress and appropriate representatives of Federal departments and agencies, the general public, and national organizations. The report accompanying a budget resolution must include a comparison of the budget aggregates in the budget resolution with those requested by the President, an analysis for each functional category for spending for each program and of the controllability of such expenditures, an allocation of total revenues among major sources, a statement of economic assumptions and objectives, five year projections, a tax expenditures budget, an analysis of Federal assistance to State and local governments, information on how the Budget Committees determined the content of the budget resolution, and allocations pursuant to section 302(a). The Budget Committees may consider in developing their reports the recommendations of the Joint Economic Committee under subsection (d) and the Budget Committees may also include matters other than those required and listed above.
The House amendment would have required “a comparison of federal priorities” showing the levels of spending, credit activity and tax expenditures in each functional category. The conferees dropped this provision because of technical difficulties in making such a comparison. The conferees urge the Budget Committees to make every effort to overcome these difficulties and to include such comparisons as soon as practicable.
(f) Achievement of Goals for Reducing Unemployment.—This subsection is the same as of current law, except references in the Act to “the first concurrent resolution on the budget” are changed to “the concurrent resolution on the budget”.
(g) Common Economic Assumptions.—This subsection creates a new requirement that the joint explanatory statement accompanying a conference report on a budget resolution include a statement of common economic assumptions on which it is based. This codifies existing practice.
(h) Budget Committees Consultation with Standing Committees. This subsection is new. It requires the House Committee on the Budget to consult with its standing committees during the preparation, consideration and enforcement of the budget resolution.
(i) Maximium Deficit Amount may not be exceeded.—This provision creates a new point of order against the consideration of a budget resolution, amendments thereto, and conference report thereon, if the effect of such measure would be to produce a recommended level of deficit for a fiscal year which exceeds the maximum deficit amount for that year.
In the House, this point of order, insofar as it applies to conference reports and amendments in disagreement, can only be waived by a vote of three-fifths of the Members present and voting, a quorum being present.
Section 302. Committee Allocations
(a)(1) Allocations of Totals in the House ofRepresentatives. Section 302(a)(1) of the Budget Act provides that the statement of managers accompanying a conference report on a budget resolution shall allocate the appropriate amounts of spending and credit contained in the resolution to the committees with jurisdiction over such spending and credit.
Amounts allocated to committees
The method for allocating budget resolution totals, pursuant to section 302(a)(1), reflects current House practice, with the inclusion of credit authority. New budget authority, outlays, entitlement authority, new direct loan obligations, and new loan guarantee commitments are allocated. All permanent appropriations of budget authority and/or outlays are allocated to the committee that wrote the permanent law. All “current” appropriations-amounts to be provided by appropriations bills-are allocated to the Appropriations Committee. Entitlement authority is also allocated to committees. All amounts associated with an existing entitlement law are allocated to the authorizing committee that wrote the law. This is the case whether the entitlement is funded by permanent or current appropriations. New credit authority is allocated to the Committee on Appropriations where that committee provides or limits such authority. Otherwise, new credit authority is allocated to the authorizing committee that wrote the law providing such authority.
Separation between current level and discretionary action
All amounts-new budget authority, outlays, entitlement authority, and new credit authority-are allocated in two separate components, “Current Level” and “Discretionary Action”. Current level refers to amounts provided or required by law as a result of permanent appropriations, advance appropriations, existing entitlement authority, and “prior-year” outlays from discretionary appropriations. Some of these laws can also provide credit authority, which is allocated in the “current level” category, as are direct loans that result from defaults on guaranteed loans. Discretionary action refers to all amounts assumed in the budget resolution but not yet enacted into law for “direct spending” legislation and for discretionary appropriations for such fiscal year. There is only one target for discretionary action entitlement authority, applying to all entitlement legislation whether funded through Federal, revolving, or trust funds. The discretionary action allocation of budget authority, outlays, and entitlement authority would include any assumed legislative increase or decrease to existing permanent or entitlement law, and all new discretionary appropriations for such fiscal year. Such assumed action also includes new credit legislation and new loan limitations to be established by the Committee on Appropriations. The term “discretionary action” corresponds to “new discretionary budget authority” and to “new entitlement authority” as used in the Budget Act.
(2) Allocation of Totals in the Senate.—This subsection provides for allocations of budget totals in the joint explanatory statement accompanying a conference report to each of the Senate committees which have jurisdiction over legislation providing budget authority. It is identical to current law except that allocations are to include credit authority.
(b) Reports by Committees.—This subsection is identical to current law, which requires committees to subdivide their section 302(a) allocations.
(c) Legislation Subject to Point of Order.—This subsection creates a new point of order prohibiting consideration of any bill, resolution, amendment, or conference report providing new budget authority, new spending authority as defined in section 401(c)(2), or new credit authority until the committee of jurisdiction submits to its House the subdivisions required under section 302(b).
(d) Subsequent Concurrent Resolution.—This subsection provides that in the case of any subsequent budget resolution, the allocations and subdivisions described in subsections (a) and (b) are required only to the extent necessary to cover revisions in such subsequent budget resolution for a fiscal year.
(e) Alteration of Allocations.—This section codifies current practice and authority of committees to alter their subsection (b) suballocation.
(f) Legislation Subject Point of Order.
(1) In the House of Representatives.—This subsection creates a new point of order in the House prohibiting the consideration of bills, amendments, or conference report providing new discretionary budget authority, new entitlement authority, or new credit authority for a fiscal year in excess of a committee’s section 302(a) allocation of such authority. This point of order would make binding upon a committee its section 302(a) total allocation of new discretionary budget authority, new entitlement authority, and new credit authority. Any outlay allocation pursuant to section 302(a) is not relevant in determining the application of this point of order.
(2) In the Senate.—This subsection creates a new point of order in the Senate prohibiting the consideration of bills, amendments and conference reports providing budget authority or outlays for a fiscal year in excess of a committee’s section 302(b) suballocation of budget authority or outlays for such fiscal year. (g) Determinations by Budget Committees.—This subsection provides that estimates of spending and credit legislation are to be determined by the Budget Committees. This is consistent with the existing duties of the Budget Committees under section 311.
Section 303. Concurrent Resolution on the Budget Must be Adopted Before Legislation Providing New Budget Authority, New Spending Authority, New Credit Authority, or Changes in Revenues or the Public Debt Limit is Considered
(a) In General.—This subsection prohibits consideration in either House of any bill, resolution or amendment providing new budget authority, new credit authority, new entitlement authority, or providing for increases or decreases in revenues or the public debt for a fiscal year, until the budget resolution for that fiscal year has been adopted by Congress.
(b) Exceptions.—This subsection is identical to current law, except it adds a provision allowing regular appropriation bills to be considered in the House after May 15 of each calendar year.
(c) Waiver in the Senate.—This subsection is identical to current law to provide for Senate waivers of section 303(a).
Section 304. Permissible Revisions of Concurrent Resolutions on the Budget
(a) In General.—This subsection retains current law by providing that Congress may revise or reaffirm a budget resolution for a fiscal year at any time after the annual budget resolution required by section 301 is adopted.
(b) Maximum Deficit Amount May Not be Exceeded.—This subsection provides that the point of order established in section 301(i) regarding deficits in excess of the maximum deficit amount will also apply to a revised resolution.
Section 305. Provisions Relating to the Consideration of Concurrent Resolutions on the Budget
(a) Procedure in House of Representatives after Report of Committee.—This subsection establishes the procedure for consideration of budget resolutions in the House of Representatives. The conference agreement makes only two changes to section 305(a). The ten-day layover currently required for budget resolutions is reduced to a five-day required layover. This is consistent with the new accelerated timetable and with current practice.
The layover period is consistent with the possibility, under section 301(c), of a five-day referral of the resolution to the Committee on Rules. This allows Members an opportunity to see the Rules Committee report if such report is necessitated by new matters or procedures contained in a budget resolution which have the effect of changing the rules of the House.
(b) Procedure in Senate After Report of Committee.—This subsection establishing procedures for consideration of budget resolutions in the Senate is identical to the language include in the Congressional Budget Act of 1974 for this purpose, with one addition: Subsection (b)(2)(B) provides a new point of order against an amendment which increases the deficit.
(c) Action on Conference Reports in the Senate.—This subsection is identical to current law.
(d) Required Action by Conference Committee.—This subsection is identical to current law.
(e) Concurrent Resolution Must Be Consistent in the Senate.—This subsection is identical to current law.
Section 306. Legislation Dealing with Congressional Budget Must Be Handled by Budget Committees
Section 306 is identical to current law.
Section 307. House Committee Action on All Appropriation Bills To Be Completed by June 10
This section requires all annual appropriations bills for the coming fiscal year to be reported by the House Committee on Appropriations by June 10.
Section 308. Reports, Summaries, and Projections of Congressional Budget Action
(a) Reports on Legislation ProvidingNew Budget Authority, New Spending Authority, or New Credit Authority, or Providing an Increase or Decrease in Revenues or Tax Expenditures.—This subsection provides that any report filed in either House on legislation providing new budget authority, new spending authority, new direct loan obligations, new primary loan guarantee commitments, or providing for an increase or decrease in revenues or tax expenditures shall include the following information prepared after consultation with the Director of the Congressional Budget Office: a comparison of the measure with the section 302(b) report submitted pursuant to the latest budget resolution; an identification and justification of any new spending authority (described in section 401(c)(2)), provided by the measure; a Congressional Budget Office five-year projection of how the measure will affect levels of budget authority, outlays, spending authority, revenues, tax expenditures, and credit authority available under existing law; and a Congressional Budget Office estimate of new budget authority provided for assistance to State and local governments. This subsection also requires, for the first time, that the same information as it pertains to conference reports or amendments in disagreement must be available to Members prior to consideration of such conference report or amendments in disagreement.
Section 308(a) as amended by the conference agreement expands the scope of those comparisons. In current law, only legislation providing budget authority and tax expenditures required this information. The conference agreement provides that reports on legislation providing new spending authority, new credit activity or changes in the levels of revenue would also be required to include information necessary for budget scorekeeping.
(b) Up-to-Date Tabulations of Congressional Budget Actions. This subsection requires the Congressional Budget Office to issue monthly budget status reports to the committees of the House and the Senate on measures providing new budget authority, new spending authority, new direct loan obligations, new primary loan guarantee commitments, and making changes in revenues or tax expenditures. The Budget Committees are required to make available to members of their respective Houses summary scorekeeping reports based on the CBO tabulations. The Budget Committee summary scorekeeping reports must be made available frequently enough (at least monthly) to provide an up-to-date, accurate representation of congressional budget action. In the House, the Budget Committee summary scorekeeping reports must be submitted to the Speaker.
This provision does not preclude the ability to the Budget Committees and others to request scorekeeping reports on a more frequent basis than once a month.
(c) Five-year Projection of Congressional Budget Action.—This subsection requires the Congressional Budget Office to issue at the start of each fiscal year a report projecting for each of the next five years new budget authority, outlays, revenues and their major sources, the surplus or deficit, tax expenditures, entitlement authority and credit authority.
Nothing in this section is intended to alter the Congressional Budget Office’s current practice of consulting with the Joint Committee on Taxation in the preparation of tax expenditure estimates.
Section 309. Approval of Regular Appropriation Bills
Approval by the House.—This subsection prohibits the House form considering a resolution providing for an Independence Day district work resolution until the House has approved all the annual appropriation bills for the coming fiscal year.
Section 310. Reconciliation
(a) Inclusion on Reconciliation Directives in Concurrent Resolutions on the Budget.—This subsection requires a budget resolution, to the extent necessary to effectuate the resolution, to direct committees to recommend legislation that achieves specified changes in the amounts of new budget authority, prior-year budget authority, new entitlement authority, credit authority, revenues, or the public debt limit level contained in laws within its jurisdiction.
(b) Legislative Procedure.—In either House, if the changes specified by the budget resolution are within the jurisdiction of only one committee, that committee shall promptly report a reconciliation bill or resolution to its House. If more than one committee in either House has been directed to make changes in matters within its jurisdiction, then all such committees shall submit their recommendations to the Budget Committee of their House. The Budget Committee shall then report the reconciliation legislation, without substantive change. This subsection is substantially the same as current law.
(c) Compliance with Reconciliation Directions.—This subsection allows a committee which receives a reconciliation directive consisting of spending reductions and revenue increases to substitute up to 20% of its total amount of savings in spending reductions for revenue increases, and vice versa.
(d) Limitation on Amendments to Reconciliation Bills and Resolutions.—(1) In the House of Representatives this subsection creates a new point of order in the House against an amendment to a reconciliation bill or resolution if that amendment’s net impact is to increase spending or to decrease revenues. A motion to strike provisions containing new budget authority or new entitlement authority may be allowed.
(2) In the Senate this paragraph provides a point of order against amendments to a reconciliation bill which would cause the bill to reduce the deficit less than was required by the instructions in the most recently agreed to resolution containing reconciliates [sic] instructions, unless that amendment is internally deficit neutral.
This subsection also states the existing authority of the House Committee on Rules to make in order amendments to reconciliation bills achieving deficit reduction for committees failing to respond to reconciliation instructions.
(e) Procedure in the Senate.—This subsection is identical to current law.
(f) Completion of Reconciliation Process in the House of Representatives and in the Senate.—This subsection establishes June 15 as the completion date for reconciliation and prohibits the House from considering a resolution providing for the Independence Day district work period until the House has completed action on reconciliation legislation for the coming fiscal year.
(g) Limitations on changes to the Social Security Act.—this subsection provides a point of order against the consideration of a reconciliation bill, amendment thereto, or conference report thereon which contains changes in Social Security benefits.
Section 311. New Budget Authority, New Spending Authority, and Revenue Legislation Must Be Within Appropriate Levels
(a) Legislation Subject to Point of Order.—This subsection prohibits consideration in the House or the Senate of legislation providing budget authority or entitlement authority, or reducing revenues for the fiscal year to which the most recently agreed to budget resolution applies if enactment of such legislation would cause the totals for such authorities, or for revenues, or the total for budget outlays set forth in such budget resolution to be breached. A point of order also lies in the Senate against legislation that would cause the maximum deficit amount to be exceeded.
Section 311(a) applies immediately upon adoption of the budget resolution.
(b) Exception.—This subsection provides that the point of order established by subsection (a) shall not apply in the House of Representatives to legislation if that legislation would not cause the committee’s appropriate allocation of new discretionary budget authority, new entitlement authority, and new credit authority to be exceeded.
Under current law, there is no similar exception. However, pursuant to recent budget resolutions if Congress has not completed action on a second resolution by the start of a new fiscal year and section 311(a) applies to the aggregates in the first resolution, then a similar exception applies.
The purpose of the exception is to maintain the principle of committee accountability. Committee accountability implies that if a committee lives within the limits set for it by Congress in a budget resolution, the committee should not face procedural impediments to the consideration of its legislation.
(c) Determination of Budget Levels.—This subsection provides that estimates prepared by the Budget Committees of the appropriate House shall be the basis for determining whether legislation is subject to the point of order established by subsection (a) or the exception pursuant to subsection (b).
Section 311(c) is similar to section 311(b) of current law.
U.S. House of Representatives, Balanced Budget and Emergency Deficit Control Act of 1985: Conference Report to Accompany H. J. Res. 372, House Report 99-433 (December 10, 1985).
Back to Section 201 (BBEDCA) with Notes
LEGISLATIVE HISTORY NOTES
PUBLIC LAWS
Pub. L. 99–177, title II, §201, Dec. 12, 1985, 99 Stat. 1039 (Balanced Budget and Emergency Deficit Control Act of 1985).
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