CBA (Contents)

Congressional Budget Act of 1974

Section 305

TITLE III – CONGRESSIONAL BUDGET PROCESS

provisions relating to the consideration of concurrent resolutions on the budget

Sec. 305.^[1] (a) Procedure in the House of Representatives; Debate.^[2]—

(1) When a concurrent resolution on the budget has been reported by the Committee on the Budget of the House of Representatives and has been referred to the appropriate calendar of the House, it shall be in order on any day thereafter, subject to clause 4 of rule XIII of the Rules of the House of Representatives,^[3] 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]

(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) and (4)(b) 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 XVIII of the Rules of the House of Representatives.^[5] 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 the 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 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) A motion to proceed to the consideration of the conference report on any concurrent resolution on the budget (or a reconciliation bill or resolution) 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 (or a message between Houses) on any concurrent resolution on the budget, and all amendments in disagreement, and all amendments thereto, and debatable motions and appeals in connection therewith, 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 (or a message between Houses) shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report (or a message between Houses).

(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) 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.

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COUNSEL NOTES

[1] This section is classified to the U.S. Code at 2 U.S.C. 636.

[2] See clause 10(a) of Rule XVIII of the Rules of the House of Representatives.

[3] This reference was recodified at the beginning of the 106th Congress as clause 4 of Rule XIII.

[4] A Special Order of Business reported by the Committee on the Rules of the House typically supersedes the time period for debate. The Chairman and Ranking Member (or designees) of the Joint Economic Committee typically controls this time.

[5] See rule XVIII of the House of Representatives.

Reconciliation

If a concurrent resolution on the budget includes reconciliation instructions, the Senate Parliamentarian has advised that this may only provide for legislation which changes revenue, spending, or the public debt. This means a maximum of three bills is allowed, or fewer if a single bill changes more than one of those subject areas, such as both spending and revenue.

If a concurrent resolution is revised under this section, the Senate Parliamentarian has advised this may allow for additional bills to be considered under the reconciliation process. As with all matter related to reconciliation, the Senate Parliamentarian may change these advisories without notice.

References

This section is referred to in the Congressional Budget Act of 1974 in section 310(e), where the procedures set forth here are also applied to reconciliation bills in the Senate, with certain differences.

CRS – Consideration of the Budget Resolution (98-511) May 1, 2007

Senate Debate

Debate in the Senate is governed under section 305 (CBA) which provides for 50 hours. For a concurrent resolution considered under this section, this time limit is reduced to 15 hours. According to section 305(b)(1): “… with respect to any concurrent resolution referred to in section 304 all such debate shall be limited to not more than 15 hours.”

SECTION 305, AS ENACTED

Section 305, as enacted by the Congressional Budget Act of 1974 (Pub. L. 97-344).

SECTION 305 FROM THE BPLA

Section 305 (BPLA), as set out in the Budget Process Law Annotated (1993).

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LEGISLATIVE HISTORY NOTES

Public Laws

Pub. L. 93–344, title III, §305, July 12, 1974, 88 Stat. 310 (Congressional Budget Act of 1974).

Pub. L. 95–523, title III, §303(b), (c), Oct. 27, 1978, 92 Stat. 1905, 1906 (Full Employment and Balanced Growth Act of 1978).

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, §209, Sept. 29, 1987, 101 Stat. 787 (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1985).

Pub. L. 100–203, title VIII, §8003(d), Dec. 22, 1987, 101 Stat. 1330–282 (Omnibus Budget Reconciliation Act of 1987).

Pub. L. 101–508, title XIII, §§13209, 13210(1), Nov. 5, 1990, 104 Stat. 1388–619, 1388-620; (Budget Enforcement Act of 1990).

Pub. L. 105–33, title X, §10109(a), Aug. 5, 1997, 111 Stat. 684  (Budget Enforcement Act of 1997).

Pub. L. 113–67, div. A, title I, §122(4)–(6), Dec. 26, 2013, 127 Stat. 1175 (Bipartisan Budget Act of 2013).

References in Text

When this section indicates “this Act”, referred to in subsection (b)(4), it means Pub. L. 93–344, July 12, 1974, 88 Stat. 297 (CBA), as amended, known as the Congressional Budget and Impoundment Control Act of 1974: This law:

• enacted chapters 17, 17A and 17B, and section 190a–3 of this Title 2, The Congress, and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance,
• amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190b and 190d of this title,
• repealed sections 571 and 581c–1 of former Title 31 and sections 66 and 81 of this title, and
• enacted provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31.

For this section’s classification to the Code, see “Short Title” note set out under section 621 of Title 2, The Congress, U.S. Code, (section 2 (Declaration of Purposes) of the Congressional Budget Act of 1974).

Codification

This section is classified to the U.S. Code at 2 U.S.C. 636. It was formerly classified to section 1326 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 (Title 31 Revision and Codification Act of 1982).

Amendments 

2013

Subsection (a)(1).

Pub. L. 113–67, §122(4), substituted “clause 4 of rule XIII” for “clause 2(l)(6) of rule XI”.

Subsection (a)(5).

Pub. L. 113–67, §122(5), substituted “provisions of rule XVIII” for “provisions of rule XXIII”.

Subsection (b)(1).

Pub. L. 113–67, §122(6), substituted “section 635” for “section 635(a)”.

1997

Subsection (a)(1).

Pub. L. 105–33 (Budget Enforcement Act of 1997) amended paragraph (1) generally. Prior to amendment, paragraph (1) read as follows:

“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 632(c) of this title 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.” 

1990

Subsection (c)(1).

Pub. L. 101–508, §13209(1) (BEA 1990), struck out at beginning “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.” and inserted “on any concurrent resolution on the budget (or a reconciliation bill or resolution)” after “consideration of the conference report”.

Subsection (c)(2).

Pub. L. 101–508, §13209(2) (BEA 1990), inserted “(or a message between Houses)” after “conference report” wherever appearing.

Subsections (d) and (e).

Pub. L. 101–508, §13210(1) (BEA 1990), redesignated subsection (e) as (d) and struck out former subsection (d) which read as follows:

“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.” 

1987

Subsection (c)(2).

Pub. L. 100–203, §8003(d), inserted a comma after “therewith”.

Pub. L. 100–119 inserted “and all amendments in disagreement, and all amendments thereto, and debatable motions and appeals in connection therewith” after “budget,”. 

1985

Subsection (a).

Pub. L. 99–177 (BBEDCA 1985), in amending subsection (a) generally, in paragraph (1) inserted provisions relating to applicability of report after first day and substituted “fifth day” for “tenth day”, in paragraph (3) struck out “first” before “concurrent”, in paragraph (5) substituted “considered for” for “read for”, struck out paragraph (7) relating to motions to postpone, and redesignated paragraph (8) as (7).

Subsection (b).

Pub. L. 99–177 (BBEDCA 1985), in amending subsection (b) generally, in paragraph (1) substituted “any concurrent” for “the second required concurrent” and “635(a)” for “641(a)”, in paragraph (3) struck out “first” before “concurrent”, and in paragraph (4) inserted provisions relating to applicability of other limitations of this Act.

Subsections (c) to (e).

Pub. L. 99–177 (BBEDCA 1985), in amending section generally, reenacted subsections (c) to (e) without change. 

1978

Historical Note. 

Subsection (a).

Pub. L. 95–523, §303(b), inserted in paragraph (2) “, plus such additional hours of debate as are consumed pursuant to paragraph (3)” after “and minority parties”, added pars. (3) and (4) and redesignated existing pars. (3) to (6) as (6) to (9), respectively. Existing pars. (3) to (6) were renumbered (5) to (8), respectively, as the probable intent of Congress, notwithstanding the language of section 303(b)(2) of Pub. L. 95–523 directing that existing pars. (3) to (6) be redesignated (6) to (9), respectively.

Subsection (b).

Pub. L. 95–523, §303(c), added pars. (3) and (4) and redesignated existing pars. (3) and (4) as (6) and (7), respectively. Existing pars. (3) and (4) were renumbered (5) and (6), respectively, as the probable intent of Congress, notwithstanding the language of section 303(c)(1) of Pub. L. 95–523 directing that existing pars. (3) and (4) be redesignated (6) and (7), respectively.

Effective Date of 1985 Amendment

The amendments made by Pub. L. 99–177 (Balanced Budget and Emergency Deficit Control Act of 1985), effective Dec. 12, 1985, were applicable with respect to fiscal years beginning after Sept. 30, 1985. Section 275(a)(1) of Pub. L. 99–177 was set out as an Effective and Termination Dates  prior to its repeal 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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