§112a. Section 302. Committee Allocations.

Congressional Budget Act of 1974

Section 302

TITLE III – CONGRESSIONAL BUDGET PROCESS

Committee Allocations

Sec. 302. (a) Committee Spending Allocations.—

(1) Allocations among committees.—The joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall include an allocation, consistent with the resolution recommended in the conference report, of the levels for the first fiscal year of the resolution, for at least each of the ensuing 4 fiscal years, and a total for that period of fiscal years (except in the case of the Committee on Appropriations only for the fiscal year of that resolution) of—

(A) total new budget authority; and

(B) total outlays;

among each committee of the House of Representatives or the Senate that has jurisdiction over legislation providing or creating such amounts.

(2) No double counting.—In the House of Representatives, any item allocated to one committee may not be allocated to another committee.

(3) Further division of amounts.—

(A) In the senate.—In the Senate, the amount allocated to the Committee on Appropriations shall be further divided among the categories specified in section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 and shall not exceed the limits for each category set forth in section 251(c) of that Act.

(B) In the house.—In the House of Representatives, the amounts allocated to each committee for each fiscal year, other than the Committee on Appropriations, shall be further divided between amounts provided or required by law on the date of filing of that conference report and amounts not so provided or required. The amounts allocated to the Committee on Appropriations shall be further divided—

(i) between discretionary and mandatory amounts or programs, as appropriate; and

(ii) consistent with the categories specified in section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985.

(4) Amounts not allocated.—In the House of Representatives or the Senate, if a committee receives no allocation of new budget authority or outlays, that committee shall be deemed to have received an allocation equal to zero for new budget authority or outlays.

(5) Adjusting allocation of discretionary spending in the house of representatives.—

(A) If a concurrent resolution on the budget is not adopted by April 15, the chairman of the Committee on the Budget of the House of Representatives shall submit to the House, as soon as practicable, an allocation under paragraph (1) to the Committee on Appropriations consistent with the discretionary spending levels in the most recently agreed to concurrent resolution on the budget for the appropriate fiscal year covered by that resolution.^[1]

(B) As soon as practicable after an allocation under paragraph (1) is submitted under this section, the Committee on Appropriations shall make suballocations and report those suballocations to the House of Representatives.

(b) Suballocations by Appropriations Committees.—As soon as practicable after a concurrent resolution on the budget is agreed to, the Committee on Appropriations of each House (after consulting with the Committee on Appropriations of the other House) shall suballocate each amount allocated to it for the budget year under subsection (a) among its subcommittees. Each Committee on Appropriations shall promptly report to its House suballocations made or revised under this subsection. The Committee on Appropriations of the House of Representatives shall further divide among its subcommittees the divisions made under subsection (a)(3)(B) and promptly report those divisions to the House.

(c) Point of Order.—After the Committee on Appropriations has received an allocation pursuant to subsection (a) for a fiscal year, it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report within the jurisdiction of that committee providing new budget authority for that fiscal year, until that committee makes the suballocations required by subsection (b).

(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 a 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, joint resolution, or amendment providing new budget authority for any fiscal year, or any conference report on any such bill or joint 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 applicable allocation of new budget authority made under subsection (a) or (b) for the first fiscal year or the total of fiscal years to be exceeded.^[2]

(2) In the senate.—After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause—

(A) in the case of any committee except the Committee on Appropriations, the applicable allocation of new budget authority or outlays under subsection (a) for the first fiscal year or the total of fiscal years to be exceeded; or

(B) in the case of the Committee on Appropriations, the applicable suballocation of new budget authority or outlays under subsection (b) to be exceeded.

(g) Pay-As-You-Go Exception in the House.—

(1) In general.—

(A) Subsection (f)(1) and, after April 15, section 303(a) shall not apply to any bill or joint resolution, as reported, amendment thereto, or conference report thereon if, for each fiscal year covered by the most recently agreed to concurrent resolution on the budget—

(i) the enactment of that bill or resolution as reported;

(ii) the adoption and enactment of that amendment; or

(iii) the enactment of that bill or resolution in the form recommended in that conference report,

would not increase the deficit, and, if the sum of any revenue increases provided in legislation already enacted during the current session (when added to revenue increases, if any, in excess of any outlay increase provided by the legislation proposed for consideration) is at least as great as the sum of the amount, if any, by which the aggregate level of Federal revenues should be increased as set forth in that concurrent resolution and the amount, if any, by which revenues are to be increased pursuant to pay-as-you-go procedures under section 301(b)(8), if included in that concurrent resolution.

(B) Section 311(a), as that section applies to revenues, shall not apply to any bill, joint resolution, amendment thereto, or conference report thereon if, for each fiscal year covered by the most recently agreed to concurrent resolution on the budget—

(i) the enactment of that bill or resolution as reported;

(ii) the adoption and enactment of that amendment; or

(iii) the enactment of that bill or resolution in the form recommended in that conference report,

would not increase the deficit, and, if the sum of any outlay reductions provided in legislation already enacted during the current session (when added to outlay reductions, if any, in excess of any revenue reduction provided by the legislation proposed for consideration) is at least as great as the sum of the amount, if any, by which the aggregate level of Federal outlays should be reduced as required by that concurrent resolution and the amount, if any, by which outlays are to be reduced pursuant to pay-as-you-go procedures under section 301(b)(8), if included in that concurrent resolution.

(2) Revised allocations.—

(A) As soon as practicable after Congress agrees to a bill or joint resolution that would have been subject to a point of order under subsection (f)(1) but for the exception provided in paragraph (1)(A) or would have been subject to a point of order under section 311(a) but for the exception provided in paragraph (1)(B), the chairman of the Committee on the Budget of the House of Representatives shall file with the House appropriately revised allocations under section 302(a) and revised functional levels and budget aggregates to reflect that bill.

(B) Such revised allocations, functional levels, and budget aggregates shall be considered for the purposes of this Act as allocations, functional levels, and budget aggregates contained in the most recently agreed to concurrent resolution on the budget.

Section 303 (CBA)

Counsel Notes

Codification

This section is classified in the U.S. Code at 2 U.S.C. 633.

Endnotes

[1] If a budget resolution is not adopted by the April 15 deadline, this subparagraph requires an interim allocation to be transmitted by the House Budget Chairman to the House Appropriations Committee that is at the level (“consistent with”) of the second year of the previous budget resolution. After discussions between the House Budget Counsel and the House Parliamentarians, an agreement was reached that while the transmittal must occur, this interim allocation is unenforceable. Under the terms of section 302(f), the point of order under that subsection is only activated for a fiscal year upon the adoption of a final budget resolution, which under this subparagraph, by definition, has not occurred.

[2] In the House, the allocations (a) and suballocations (b) are each independently enforceable. Hence, a measure could be in compliance with the suballocation provided to it under subsection (b), but still cause a breach in the allocation under subsection (a). Contrast with paragraph (2)(B) – in the Senate, only the suballocation provided under subsection (b) will cause a violation in the case of the Committee on Appropriations.

Notes on the Breaching the allocation (point of order)

The allocations provided under this section are enforced in the House and Senate through “Points of Order” that apply against measures that violate the levels provided. This is found in section 302(f) (CBA).

Section 302(f) Against Committee Breaches of Allocations

In the House, if a committee is already in breach of its allocation of budget authority, and a bill comes to the floor that both increases and decreases budget authority, if the net effect is zero or a reduction in budget authority, the bill will not cause a violation of section 302(f). This is a “net” test, so the individual provisions are not considered, but rather their overall effect. A “gross” test would be that all decreases in budget authority should count first toward bringing the committee back into compliance before any increases in budget authority may be allowed to be offset. This is conceived of bringing the committee “closer to compliance” and therefore not causing a breach.

Amendments Causing a Breach

A key question is whether an amendment is considered as causing a breach if it increases net spending. If a committee is in breach of its allocation and a bill comes to the floor reducing budget authority, but still doesn’t not bring a committee into compliance, then what occurs if an amendment causes a net increase in budget authority, but does not cause the bill to have a net increase.

In the Senate, it is unclear what their current practice is, but in Dauster’s Budget Process Law Annotated (1993) indicates in Note #258, that the Senate Budget Committee assumes “Congress has already enacted the pending bill (to which the amendment has been offered) into law. Therefore, the amendment would cause a breach if there is any net increase at all in spending. This was written before section 302(f) was rewritten by section 10106 of the Budget Enforcement Act of 1997 (Pub. L. 105-33)),

Deschler’s Precedents

[GPO Link to Chapter 41, § 12. Section 302]

Subsection (g)

Previous Version of subsection (g) from section 602(e) (CBA)

In 1997, this text was added to section 302 by the Budget Enforcement Act of 1997, but it was derived from section 602(e) of the Congressional Budget Act of 1974. It was amended for inclusion in title III as section 302(g), but before the repeal of title VI (CBA), section 602(e) read as follows:

(e) Pay-As-You-Go Exception in the House. [(1))—Section 302(f)(1) and, after April 15 of any calendar year section 303(a), shall not apply to any bill, joint resolution, amendment thereto, or conference report thereon if, for each fiscal year covered by the most recently agreed to concurrent resolution on the budget—

(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 increase the deficit for any such fiscal year, and, if the sum of any revenue increases provided in legislation already enacted during the current session (when added to revenue increases, if any, in excess of any outlay increase provided by the legislation proposed for consideration) is at least as great as the sum of the amount, if any, by which the aggregate level of Federal revenues should be increased as set forth in that concurrent resolution and the amount, if any, by which revenues are to be increased pursuant to pay-as-you-go procedures under section 301(b)(8) if included in that concur” rent resolution.

(2) Revised allocations.—

(A) As soon as practicable after Congress agrees to “a bill or joint resolution that would have been subject to a point of order under section 302(f)(1) but for the exception provided in paragraph (1), the chairman or the Committee on the Budget of the House or Representatives may file with the House appropriately revised allocations under section 302(a) and revised functional levels and budget aggregates to reflect that bill.

(B) such revised allocations, functional levels, and budget aggregates shall be considered for the purposes or this Act as allocations, functional levels, and budget aggregates contained in the most recently agreed to concurrent resolution on the budget.

Amendment by the Budget Enforcement Act of 1997

This section was amended by the Budget Enforcement Act of 1997 (Pub. L. 105-33). The Joint Statement of Managers on conference report on the Act described the amendments as follows:

Explanatory Statement of Managers of Committee of Conference
H. Conf. Rept. 105-217)

7. Amendments to section 302 of the Congressional Budget Act

House Bill (Section 11106)

The House bill permanently extends the requirement that allocations to the authorizing committees cover at least a five-year period. In the process, it collapses the temporary allocations under section 602 into section 302, generally conforming to the structure set forth in section 602.

It also modifies the default allocation in which an interim allocation is provided to the Appropriations Committee in the House if the budget resolution is not agreed to by April 15. Under the modified default allocation, the Appropriations Committee would be allocated an amount based on the prior year’s budget resolution (instead of the President’s budget). It clarifies that the Appropriations Committee shall subdivide its allocation among its 13 subcommittees. It provides that the allocations and suballocations shall be divided between defense, non-defense, and the violent crime reduction category as long as separate spending limits are in effect.

Senate Amendment (Section 1605)

The Senate amendment is essentially identical to the House bill, though it does not contain the provision regarding temporary allocations to the House Appropriations Committee in section 302.

Conference Agreement (Section 10106)

The Conference agreement reflects the House bill with modifications. As with section 301 regarding the scope of the timeframes in a budget resolution, the conference agreement also requires that section 302 allocations made to committees cover at least five years.

Interim allocations only apply in the House.

The conference agreement also provides that the Budget Committee must make separate allocations of defense, nondefense, and violent crime reduction funding. Section 302(a)(3) requires that the allocation of budget authority and outlays to the Appropriations Committees will be further divided among the categories specified in section 250(c)(4) of GRH. Under section 302(b), the Appropriations Committees are required to allocate these separate categories among its 13 subcommittees. These separate divisions of the allocations are enforced in the Senate pursuant to section 302(f) of the Budget Act.

As modified, section 302(f) of the Budget Act refers to the ‘applicable’ allocation. The word ‘applicable’ is used in part to recognize the fact that two budget resolutions will often be in force at the same time.

[Joint Explanatory Statement on the Committee of Conference on the Balanced Budget Act of 1997; (Conference Report), Committee on the Budget, House of Representatives, 105th Congress, 1st Session, Washington D.C. 1997.]

Amendment by the Balanced Budget and EMergency Deficit Control Act of 1985 (BBEDCA )

The following text comes from Joint Statement of Managers accompanying the Balanced Budget and Emergency Deficit Control Act of 1985. The Act significantly amended the Congressional Budget Act of 1974 generally, including section 302 (CBA). Though the section has been amended since, the primary aspects remain the same. This description is helpful in understanding how the overall structure of section 302 moved from its original process from the original enactment to the current system.

Explanatory Statement of Managers of Committee of Conference
H. Conf. Rept. 105-217)

Section 302. Committee Allocations

(a)(1) Allocations of Totals in the House of Representatives. 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.

[Joint Explanatory Statement on the Committee of Conference on the Balanced Budget and Emergency Deficit Control Act of 1985; (Conference Report), Committee on the Budget, House of Representatives, 99th Congress, 1st Session, Washington D.C. 1985.]

Section 302 As Enacted

Section 302. Matters to be Included in Joint Statement of Managers; Reports by Committees.

Legislative History Notes

Public Laws

Pub. L. 93–344, title III, §302, July 12, 1974, 88 Stat. 308; (Congressional Budget and Impoundment Control Act of 1974).

Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1044; (Balanced Budget and Emergency Deficit Control Act of 1985).

Pub. L. 101–508, title XIII, §§13112(a)(6), (7), 13201(b)(2), (3), 13207(a)(1)(A), (B), (2), 13303(c), Nov. 5, 1990, 104 Stat. 1388–608, 1388-614, 1388-617, 1388-618, 1388-625; (Budget Enforcement Act of 1990).

Pub. L. 105–33, title X, §10106, Aug. 5, 1997, 111 Stat. 680; (Budget Enforcement Act of 1997).

Pub. L. 113–67, div. A, title I, §122(3), Dec. 26, 2013, 127 Stat. 1175; (Bipartisan Budget Act of 2013).

References in Text

When this section refers to “this Act”, in subsection (g)(2)(B), it means Congressional Budget and Impoundment Control Act of 1974 (Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Of the amendments made in law, this Act’s primary effect may be found in the in chapters 17, 17A, and 17B of title II of the U.S. Code (The Congress).

Section was formerly classified to section 1323 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877 .

Amendments

2013

Subsection (g)(2)(A).

Pub. L. 113–67 (BBA 2013) substituted “Committee on the Budget” for “committee on the Budget”.

1997

Subsection (a).

Pub. L. 105–33, §10106(a) (BEA 1997), added subsection (a) and struck out former subsection (a) which required inclusion of certain allocations to committees of the House of Representatives and of the Senate in the joint explanatory statement accompanying a conference report on a concurrent resolution on the budget.

Subsection (b).

Pub. L. 105–33, §10106(a) (BEA 1997), added subsection (b) and struck out former subsection (b) which required committees of each House to subdivide among their subcommittees the allocations of budget outlays and new budget authority allocated to them in joint explanatory statement accompanying conference report on concurrent resolution on budget and required further subdivisions of such allocations by subcommittees.

Subsection (c).

Pub. L. 105–33, §10106(b) (BEA 1997), reenacted heading without change and amended text generally. Prior to amendment, text read as follows:

(c) Point of Order.—It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, providing—

“(1) new budget authority for a fiscal year; or

“(2) new spending authority as described in section 401(c)(2) for a fiscal year;

within the jurisdiction of any committee which has received an appropriate allocation of such authority pursuant to subsection (a) of this section for such fiscal year, unless and until such committee makes the allocation or subdivisions required by subsection (b) of this section, in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year.

Subsection (f)(1).

Pub. L. 105–33, §10106(c)(1) (BEA 1997), substituted “providing new budget authority for any fiscal year” for “providing new budget authority for such fiscal year or new entitlement authority effective during such fiscal year” in introductory provisions and “applicable allocation of new budget authority made under subsection (a) or (b) for the first fiscal year or the total of fiscal years to be exceeded.” for “appropriate allocation made pursuant to subsection (b) of this section for such fiscal year of new discretionary budget authority or new entitlement authority to be exceeded.” in concluding provisions.

Subsection (f)(2).

Pub. L. 105–33, §10106(c)(2) (BEA 1997), reenacted heading without change and amended text generally. Prior to the amendment, text provided that consideration in the Senate was not in order for certain bills, joint resolutions, amendments, motions, or conference reports that provided for budget outlays, new budget authority, or new spending authority in excess of certain allocations.

Subsection (g).

Pub. L. 105–33, §10106(d) BEA 1997), amended heading and text of subsection (g) generally. Prior to amendment, text read as follows:

For purposes of this section, the levels of new budget authority, spending authority as described in section 651(c)(2) of this title, 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.

1990

Subsection (a)(1).

Pub. L. 101–508, §13201(b)(3)(A) (BEA 1990), substituted “and total entitlement authority” for “total entitlement authority, and total credit authority”, “or such entitlement authority” for “such entitlement authority, or such credit authority”, and “and entitlement authority” for “entitlement authority, and credit authority”.

Subsection (a)(2).

Pub. L. 101–508, §13303(c)(1) (BEA 1990), inserted “social security outlays for the fiscal year of the resolution and for each of the 4 succeeding fiscal years,” after “appropriate levels of”.

Pub. L. 101–508, §13201(b)(3)(B) (BEA 1990), substituted “total budget outlays and total new budget authority” for “total budget outlays, total new budget authority and new credit authority”.

Pub. L. 101–508, §13112(a)(6) (BEA 1990), struck out “the House of Representatives and” after “among each committee of”.

Subsection (b)(1)(A).

Pub. L. 101–508, §13201(b)(3)(C) (BEA 1990), substituted “budget outlays and new budget authority” for “budget outlays, new budget authority, and new credit authority”.

Subsection (c).

Pub. L. 101–508, §13207(a)(1)(A) (BEA 1990), substituted “bill, joint resolution, amendment, motion, or conference report” for “bill or resolution, or amendment thereto”.

Subsection (c)(3).

Pub. L. 101–508, §13201(b)(3)(D) (BEA 1990), struck out par. (3) which read as follows: “new credit authority for a fiscal year;”.

Subsection (f)(1).

Pub. L. 101–508, §13207(a)(1)(B) (BEA 1990), inserted “joint” before “resolution” the second and third places appearing in introductory provisions.

Pub. L. 101–508, §13201(b)(3)(E) (BEA 1990), substituted “year or new entitlement authority effective during such fiscal year,” for “year, new entitlement authority effective during such fiscal year, or new credit authority for such fiscal year,” in introductory provisions and “authority or new entitlement authority” for “authority, new entitlement authority, or new credit authority” in closing provisions.

Subsection (f)(2).

Pub. L. 101–508, §13303(c)(3) (BEA 1990), inserted three sentences at end beginning with “In applying this paragraph—”.

Pub. L. 101–508, §13303(c)(2) (BEA 1990), which directed the insertion of “or provides for social security outlays in excess of the appropriate allocation of social security outlays under subsection (a) of this section for the fiscal year of the resolution or for the total of that year and the 4 succeeding fiscal years” before the period, was executed by making the insertion before the period at end of first sentence, as the probable intent of Congress, in view of the applicability of the amendment. See Effective and Termination Dates of 1990 Amendment note below.

Pub. L. 101–508, §13207(a)(2) (BEA 1990) substituted “outlays, new budget authority, or new spending authority (as defined in section 651(c)(2) of this title)” for “outlays or new budget authority”.

Pub. L. 101–508, §13207(a)(1)(B) (BEA 1990), substituted “bill, joint resolution, amendment, motion, or conference report” for “bill or resolution (including a conference report thereon), or any amendment to a bill or resolution”.

Pub. L. 101–508, §13201(b)(2) (BEA 1990), temporarily inserted “or new credit authority” after “new budget authority”. See Effective and Termination Dates of 1990 Amendment note below.

Pub. L. 101–508, §13112(a)(7) (BEA 1990), inserted “(A)” after “in excess of”, substituted “under subsection (a) of this section, or (B) the appropriate allocation (if any) of such outlays or authority reported under subsection (b) of this section” for “under subsection (b) of this section”, and inserted after first sentence “Subparagraph (A) shall not apply to any bill, resolution, amendment, motion, or conference report that is within the jurisdiction of the Committee on Appropriations.”

1985

Pub. L. 99–177, §201(b) (BBEDCA) removed the section’s heading, which read as “Matters to be included in joint statement of managers; reports by committees” and replaced it with “Committee allocations”.

Subsection (a).

Pub. L. 99–177, §201(b) (BBEDCA) amended subsection (a) generally, providing for separate provisions relating to allocations of totals for the House of Representatives and for the Senate, with respect to the joint explanatory statement accompanying the conference report on a concurrent resolution on the budget.

Subsection (b).

Pub. L. 99–177, §201(b) (BBEDCA) amended subsection (b) generally, inserting applicability to new credit authority.

Subsection (c).

Pub. L. 99–177, §201(b) (BBEDCA) amended subsection (c) generally, substituting provisions relating to point of order for provisions relating to subsequent concurrent resolutions.

Subsections (d) through (g).

Pub. L. 99–177 §201(b) (BBEDCA), in amending this section generally, added subsections (d) through (g).

Effective and Termination Dates of 1990 Amendment

Section 13201(b)(2) (BEA1990) made conforming amendments related to the establishment of Federal Credit Reform. In particular, subsection (b)(2), as part of the transition provisions, made “new credit authority” subject to a section 302(f)(2) point of order in the Senate in fiscal year 1991, but limited its application to fiscal year 1991. The text may be seen here: Pub. L. 101–508, title XIII, §13201(b)(2), Nov. 5, 1990, 104 Stat. 1388–614.

Pub. L. 101–508, title XIII, §13201(b)(3), Nov. 5, 1990, 104 Stat. 1388–614 provided that the amendment made by section 13201(b)(3) is effective for fiscal years beginning after Sept. 30, 1991.

Amendment by section 13303(c) of Pub. L. 101–508 (BEA 1990) applicable with respect to fiscal years beginning on or after Oct. 1, 1990, see section 13306 of Pub. L. 101–508 (BEA 1990), which sets the Effective Dates for the sections 13301-13304 of the BEA 1990.

Effective Date of 1985 Amendment

The amendment by the Balanced Budget and Emergency Deficit Control Act of 1985 (Pub. L. 99–177), which became effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, except that such amendment, insofar as it relates to subsections (c), (f), and (g) of this section, to become effective Apr. 15, 1986, see section 275(a)(1), (2)(A) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246 .

Section 301 (CBA)

Section 303 (CBA)

FrillBreak

Section 302

Committee Allocations

Sec. 302. (a) Committee Spending Allocations.—

(A) total new budget authority; and

(B) total outlays;

among each committee of the House of Representatives or the Senate that has jurisdiction over legislation providing or creating such amounts.

(2) No double counting.—In the House of Representatives, any item allocated to one committee may not be allocated to another committee.

(3) Further division of amounts.—

(i) between discretionary and mandatory amounts or programs, as appropriate; and

(ii) consistent with the categories specified in section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985.

(4) Amounts not allocated.—In the House of Representatives or the Senate, if a committee receives no allocation of new budget authority or outlays, that committee shall be deemed to have received an allocation equal to zero for new budget authority or outlays.

(5) Adjusting allocation of discretionary spending in the house of representatives.—

(B) As soon as practicable after an allocation under paragraph (1) is submitted under this section, the Committee on Appropriations shall make suballocations and report those suballocations to the House of Representatives.

(f) Legislation Subject to a Point of Order.—

(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 applicable allocation of new budget authority made under subsection (a) or (b) for the first fiscal year or the total of fiscal years to be exceeded.[2]

(2) In the senate.—After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause—

(A) in the case of any committee except the Committee on Appropriations, the applicable allocation of new budget authority or outlays under subsection (a) for the first fiscal year or the total of fiscal years to be exceeded; or

(B) in the case of the Committee on Appropriations, the applicable suballocation of new budget authority or outlays under subsection (b) to be exceeded.

(g) Pay-As-You-Go Exception in the House.—

(1) In general.—

(A) Subsection (f)(1) and, after April 15, section 303(a) shall not apply to any bill or joint resolution, as reported, amendment thereto, or conference report thereon if, for each fiscal year covered by the most recently agreed to concurrent resolution on the budget—

(i) the enactment of that bill or resolution as reported;

(ii) the adoption and enactment of that amendment; or

(iii) the enactment of that bill or resolution in the form recommended in that conference report,

(B) Section 311(a), as that section applies to revenues, shall not apply to any bill, joint resolution, amendment thereto, or conference report thereon if, for each fiscal year covered by the most recently agreed to concurrent resolution on the budget—

(i) the enactment of that bill or resolution as reported;

(ii) the adoption and enactment of that amendment; or

(iii) the enactment of that bill or resolution in the form recommended in that conference report,

(2) Revised allocations.—

(B) Such revised allocations, functional levels, and budget aggregates shall be considered for the purposes of this Act as allocations, functional levels, and budget aggregates contained in the most recently agreed to concurrent resolution on the budget.

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Counsel Notes

Codification

Endnotes

Notes on the Breaching the allocation (point of order)

Deschler’s Precedents

Subsection (g)

(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,

(2) Revised allocations.—

(B) such revised allocations, functional levels, and budget aggregates shall be considered for the purposes or this Act as allocations, functional levels, and budget aggregates contained in the most recently agreed to concurrent resolution on the budget.

Amendment by the Budget Enforcement Act of 1997

Explanatory Statement of Managers of Committee of Conference H. Conf. Rept. 105-217)

7. Amendments to section 302 of the Congressional Budget Act

House Bill (Section 11106)

The House bill permanently extends the requirement that allocations to the authorizing committees cover at least a five-year period. In the process, it collapses the temporary allocations under section 602 into section 302, generally conforming to the structure set forth in section 602.

Senate Amendment (Section 1605)

The Senate amendment is essentially identical to the House bill, though it does not contain the provision regarding temporary allocations to the House Appropriations Committee in section 302.

Conference Agreement (Section 10106)

The Conference agreement reflects the House bill with modifications. As with section 301 regarding the scope of the timeframes in a budget resolution, the conference agreement also requires that section 302 allocations made to committees cover at least five years.

Interim allocations only apply in the House.

As modified, section 302(f) of the Budget Act refers to the ‘applicable’ allocation. The word ‘applicable’ is used in part to recognize the fact that two budget resolutions will often be in force at the same time.

[Joint Explanatory Statement on the Committee of Conference on the Balanced Budget Act of 1997; (Conference Report), Committee on the Budget, House of Representatives, 105th Congress, 1st Session, Washington D.C. 1997.]

Amendment by the Balanced Budget and EMergency Deficit Control Act of 1985 (BBEDCA )

Explanatory Statement of Managers of Committee of Conference H. Conf. Rept. 105-217)

Section 302. Committee Allocations

Amounts allocated to committees

Separation between current level and discretionary action

(b) Reports by Committees.—This subsection is identical to current law, which requires committees to subdivide their section 302(a) allocations.

(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.

(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.

[Joint Explanatory Statement on the Committee of Conference on the Balanced Budget and Emergency Deficit Control Act of 1985; (Conference Report), Committee on the Budget, House of Representatives, 99th Congress, 1st Session, Washington D.C. 1985.]

Section 302 As Enacted

Legislative History Notes

Public Laws

References in Text

Amendments

(c) Point of Order.—It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, providing—

“(1) new budget authority for a fiscal year; or

“(2) new spending authority as described in section 401(c)(2) for a fiscal year;

Effective and Termination Dates of 1990 Amendment

Effective Date of 1985 Amendment

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would cause the applicable allocation of new budget authority made under subsection (a) or (b) for the first fiscal year or the total of fiscal years to be exceeded.^[2]

(2)the adoption and enactment of such amendment; or

Explanatory Statement of Managers of Committee of Conference
H. Conf. Rept. 105-217)

Explanatory Statement of Managers of Committee of Conference
H. Conf. Rept. 105-217)