CBA (Contents)
Congressional Budget Act of 1974
Section 311
TITLE III – CONGRESSIONAL BUDGET PROCESS
budget-related legislation must be within appropriate levels
Sec. 311.[1] (a) Enforcement of Budget Aggregates.—
(1) In the house of representatives.—Except as provided by subsection (c), 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, amendment, motion, or conference report providing new budget authority or reducing revenues, if—
(A) the enactment of that bill or resolution as reported;
(B) the adoption and enactment of that amendment; or
(C) the enactment of that bill or resolution in the form recommended in that conference report;
would cause the level of total new budget authority or total outlays set forth in the applicable concurrent resolution on the budget for the first fiscal year to be exceeded, or would cause revenues to be less than the level of total revenues set forth in that concurrent resolution for the first fiscal year or for the total of that first fiscal year and the ensuing fiscal years for which allocations are provided under section 302(a), except when a declaration of war by the Congress is in effect.
(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—
(A) would cause the level of total new budget authority or total outlays set forth for the first fiscal year in the applicable resolution to be exceeded; or
(B) would cause revenues to be less than the level of total revenues set forth for that first fiscal year or for the total of that first fiscal year and the ensuing fiscal years in the applicable resolution for which allocations are provided under section 302(a).
(3) Enforcement of social security levels 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 decrease in social security surpluses or an increase in social security deficits relative to the levels set forth in the applicable resolution for the first fiscal year or for the total of that fiscal year and the ensuing fiscal years for which allocations are provided under section 302(a).
(b) Social Security Levels.—
(1) In general.—For purposes of subsection (a)(3), social security surpluses equal the excess of social security revenues over social security outlays in a fiscal year or years with such an excess and social security deficits equal the excess of social security outlays over social security revenues in a fiscal year or years with such an excess.
(2) Tax treatment.—For purposes of subsection (a)(3), no provision of any legislation involving a change in chapter 1 of the Internal Revenue Code of 1986 shall be treated as affecting the amount of social security revenues or outlays unless that provision changes the income tax treatment of social security benefits.
(c) Exception in the House of Representatives.—Subsection (a)(1) shall not apply in the House of Representatives to any bill, joint resolution, or amendment that provides new budget authority for a fiscal year or to any conference report on any such bill or resolution, if—
(1) the enactment of that bill or resolution as reported;
(2) the adoption and enactment of that amendment; or
(3) the enactment of that bill or resolution in the form recommended in that conference report;
would not cause the appropriate allocation of new budget authority made pursuant to section 302(a) for that fiscal year to be exceeded.
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COUNSEL NOTES
Endnotes
[1] This section is classified to the U.S. Code at 2 U.S.C. 642.
Deschler’s Precedents
[GPO Link to Chapter 41, § 10. Section 311]
LEGISLATIVE HISTORY NOTES
Public Laws
Pub. L. 93–344, title III, §311, July 12, 1974, 88 Stat. 316 (Congressional Budget Act of 1974 enacted this section into law).
Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1055 (Balanced Budget and Emergency Deficit Control Act of 1985).
Pub. L. 100–119, title I, §106(e)(1), Sept. 29, 1987, 101 Stat. 781 (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987).
Pub. L. 101–508, title XIII, §§13112(a)(10), 13207(a)(1)(E), 13303(d), Nov. 5, 1990, 104 Stat. 1388–608 , 1388-617, 1388-626 (Budget Enforcement Act of 1990).
Pub. L. 105–33, title X, §10112(a), Aug. 5, 1997, 111 Stat. 686 (Budget Enforcement Act of 1997).
References in Text
The Internal Revenue Code of 1986, referred to in subsection (b)(2), is classified generally to Title 26, Internal Revenue Code, of the U.S. Code.
Codification
This section was formerly classified to section 1332 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 Law of 1982).[1]
Amendments
1997
Pub. L. 105–33 (BEA 1997) amended the section catchline and text generally. Prior to the amendment, the section provided that new budget authority, new spending authority, and revenue legislation had to be within appropriate levels.
1990
Subsection (a).
Pub. L. 101–508, §13303(d) (BEA 1990), designated existing provisions as paragraph (1), redesignated former paragraphs (1) to (3) thereof as subparagraphs (A) to (C), respectively, and added paragraph (2).
Pub. L. 101–508, §13207(a)(1)(E) (BEA 1990), substituted “bill, joint resolution, amendment, motion, or conference report” for “bill, resolution, or amendment” and struck out “or any conference report on any such bill or resolution” after “reducing revenues for such fiscal year,”.
Pub. L. 101–508, §13112(a)(10) (BEA 1990), in its closing provisions, substituted “except in the case that a declaration of war by the Congress is in effect” for
or, in the Senate, would otherwise result in a deficit for such fiscal year that—
(A) for fiscal year 1989 or any subsequent fiscal year, exceeds the maximum deficit amount specified for such fiscal year in section 3(7)[2][3]; and
(B) for fiscal year 1988 or 1989, exceeds the amount of the estimated deficit for such fiscal year based on laws and regulations in effect on January 1 of the calendar year in which such fiscal year begins as measured using the budget baseline specified in section 901(a)(6) of this title minus $23,000,000,000 for fiscal year 1988 or $36,000,000,000 for fiscal year 1989;
except to the extent that paragraph (1) of section 301(i)[4] section 304(b)[5], as the case may be, does not apply by reason of paragraph (2) of such subsection.
1987
Subsection (a).
Pub. L. 100–119 (BBEDCRA) amended this section allowing for exceptions for specified fiscal years. The conference report statement described the amendment made as follows:
Section 311(a) of the Congressional Budget Act of 1974 is amended to provide that in the Senate legislation will not be subject to a point of order causing a violation of the maximum deficit amount if the legislation would not cause the amount of deficit reduction to be less than $23 billion for FY1988 or $36 billion for FY1989.][6]
The specific text from Pub. L. 100–119 is as follows:
Sec. 106. Maximum Deficit Amounts.
[…]
(e) Section 311(a) Point of Order in the Senate.—
(1) Section 311(a) of the Congressional Budget Act of 1974 is amended by striking out all after “in the Senate,” and by inserting in lieu thereof the following: “would otherwise result in a deficit for such fiscal year that—
“(A) for fiscal year 1989 or any subsequent fiscal year, exceeds the maximum deficit amount specified for such fiscal year in section 3(7); and
“(B) for fiscal year 1988 or 1989, exceeds the amount of the estimated deficit for such fiscal year based on laws and regulations in effect on January 1 of the calendar year in which such fiscal year begins as measured using the budget baseline specified in section 251(a)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 minus $23,000,000,000 for fiscal year 1988 or $36,000,000,000 for fiscal year 1989;
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” for “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)”.
1985
Subsection (a).
Pub. L. 99–177 amended subsection (a) generally, striking out references to sections 641 and 651 of this title, and inserting provisions relating to nonconsideration in Senate of any bill, resolution, etc., resulting in a fiscal year deficit exceeding maximum deficit amount specified in section 622(7) of this title, with certain exceptions.
Subsection (b).
Pub. L. 99–177 amended subsection (b) generally, substituting provisions setting forth exceptions in the House of Representatives for certain bills, etc., under subsection (a) of this section, for provisions relating to determination of outlays and revenues.
Subsection (c).
Pub. L. 99–177, in amending section generally, added subsection (c).
Effective Date of 1990 Amendment
The amendment made by section 13303(d) of Pub. L. 101–508 (BEA 1990) was applicable with respect to fiscal years beginning on or after Oct. 1, 1990. , see section 13306 of Pub. L. 101–508 (BEA 1990), set out as a note under 2 U.S.C. 632 (section 301 of the Congressional Budget Act of 1974).[7]
Effective Date of 1985 Amendment
The amendment by Pub. L. 99–177 (BBEDCA) became effective on Dec. 12, 1985, and was applicable with respect to fiscal years beginning after Sept. 30, 1985. Section 275(a)(1) of Pub. L. 99–177 (BBEDCA) set a termination date for the Act. This was set out as an Effective and Termination Dates note under 2 U.S. C. 900 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).
Legislative History Footnotes
[1] This Act has no short title. HBC uses this reference for convenience.
[3 Paragraph (7) defined the term “maximum deficit amount” before it was repealed by the Budget Enforcement Act of 1990 (BEA 1990). Section 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 still includes language applying maximum deficit amounts, though its enforcement is no longer in effect.
[6] Excerpt from the Joint Explanatory Statement of Managers from the Conference Report on H. J. Res. 324, which was enacted as the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (P.L. 100-119).
[7] Note from 2 U.S.C. 632:
Effective Date of 1990 Amendment
Pub. L. 101–508, title XIII, §13306, Nov. 5, 1990, 104 Stat. 1388–628 , provided that:
“Sections 13301, 13302, and 13303 and any amendments made by such sections [amending this section and sections 302 and 311] shall apply with respect to fiscal years beginning on or after October 1, 1990. Section 13304 shall be effective for annual reports of the Board of Trustees issued in or after calendar year 1991.”
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[BCR § 121]
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