CBA (Contents)
Congressional Budget Act of 1974
Section 304
TITLE III – CONGRESSIONAL BUDGET PROCESS
permissible revisions of concurrent resolutions on the budget
Sec. 304. 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.
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COUNSEL NOTES
Codification
This section is classified to the U.S. Code at 2 U.S.C. 635.
Reconciliation
The Senate Parliamentarian has advised that section 310 (CBA) is limited to only changing revenue, outlays and the public debt, with a maximum number of bills of one for each. By revising the budget resolution under this section, the common belief is that the reconciliation instructions are therefore renewed and additional bills for each area could be moved, though it has never been attempted.
Revising Budget Resolutions
This section was used in the adoption of S. Con. Res. 10 (95th Congress), the “Third Budget Resolution” for fiscal year 1977. The resolving clause of that measure is as follows:
Congressional Budget, Fiscal Year 1977
[S. Con. Res. 10 (95th Congress]
Resolved by the Senate {the House of Representatives concurring), That the Congress hereby determines and declares, pursuant to section 304 of the Congressional Budget Act of 1974, that for the fiscal year beginning on October 1,1976—
Section 304, as Enacted
Section 304, as enacted by the Congressional Budget Act of 1974 (Pub. L. 97-344).
Section 304 from the BPLA
Section 304 (BPLA), as set out in the Budget Process Law Annotated (1993).
LEGISLATIVE HISTORY NOTES
Public Laws
Pub. L. 93–344, title III, §304, July 12, 1974, 88 Stat. 310 (Congressional Budget Act of 1974).
Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1047 (Balanced Budget and Emergency Deficit Control Act of 1985).
Pub. L. 100–119, title II, §208(b), Sept. 29, 1987, 101 Stat. 786 (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987).
Pub. L. 101–508, title XIII, §13112(a)(8), Nov. 5, 1990, 104 Stat. 1388–608; (Budget Enforcement Act of 1990).
Pub. L. 105–33, title X, §10108, Aug. 5, 1997, 111 Stat. 684 (Budget Enforcement Act of 1997).
Codification
This section was formerly classified to section 1325 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
1997
Sec. 10106 of the Budget Enforcement Act of 1997 (BEA 1997) (Pub. L. 105-33) amended this section by eliminating the subsections. It designated subsection (a) as the entire section and struck out subsection (a) with the heading “In general” and the subsection (b) heading and text. Prior to amendment, text of subsection (b) read as follows:
The provisions of section 301(g) 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(g) (and amendments thereto and conference reports thereon).
1990
Subsections (b) and (c).
Sec. 13112 of the BEA 1990 (Pub. L. 101–508) redesignated subsection (c) as (b) and struck out former subsection (b) which read as follows:
“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).”
1987
Subsection (c).
Sec. 208 of Pub. L. 100–119 (BBEDCRA) added subsection (c).
1985
Sec. 201 of Pub. L. 99–177 (BBEDCA), in amending section generally, inserted “Permissible” before “revisions” in section catchline, designated existing provisions as subsection (a), struck out “first” after “after the”, and added subsection (b).
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177. Section 275 (BBEDCA) was repealed by the Budget Control Act of 2011 (Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246).
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