CBA (Contents)

Congressional Budget Act of 1974

Section 312

TITLE III – CONGRESSIONAL BUDGET PROCESS

determinations and points of order

Sec. 312. (a) Budget Committee Determinations.—For purposes of this title and title IV, the levels of new budget authority, outlays, direct spending, 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 the Senate, as applicable.

(b) Discretionary Spending Point of Order in the Senate.—

(1) In general.—Except as otherwise provided in this subsection, it shall not be in order in the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that would exceed any of the discretionary spending limits in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985.

(2) Exceptions.—This subsection shall not apply if a declaration of war by the Congress is in effect or if a joint resolution pursuant to section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985^[1] has been enacted.

(c) Maximum Deficit Amount Point of Order in the Senate.—It shall not be in order in the Senate to consider any concurrent resolution on the budget for a fiscal year, or to consider any amendment to that concurrent resolution, or to consider a conference report on that concurrent resolution, if—

(1) the level of total outlays for the first fiscal year set forth in that concurrent resolution or conference report exceeds; or

(2) the adoption of that amendment would result in a level of total outlays for that fiscal year that exceeds;

the recommended level of Federal revenues for that fiscal year, by an amount that is greater than the maximum deficit amount, if any, specified in the Balanced Budget and Emergency Deficit Control Act of 1985 for that fiscal year.

(d) Timing of Points of Order in the Senate.—A point of order under this Act may not be raised against a bill, resolution, amendment, motion, or conference report while an amendment or motion, the adoption of which would remedy the violation of this Act, is pending before the Senate.

(e) Point of Order in the Senate Against Amendments Between the Houses.—Each provision of this Act that establishes a point of order against an amendment also establishes a point of order in the Senate against an amendment between the Houses. If a point of order under this Act is raised in the Senate against an amendment between the Houses and the point of order is sustained, the effect shall be the same as if the Senate had disagreed to the amendment.

(f) Effect of a Point of Order in the Senate.—In the Senate, if a point of order under this Act against a bill or resolution is sustained, the Presiding Officer shall then recommit the bill or resolution to the committee of appropriate jurisdiction for further consideration.

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COUNSEL NOTES

Codification

This section was classified to the U.S. Code at 2 U.S.C. 643.

Endnotes

[1] The Congressional Budget Office is not required to prepare a report under section 258 pursuant to section 104(b) of the Budget Control Act of 2011 (Pub. L. 112–25).

General Note on House Rules

Clause 4 of rule XXIX of the House Rules generally replicates the authority provided to the House Budget Committee, except that it extends to the authority specifically to the Chairman of the Committee. This confirmed the common interpretation, precedent, and practice before its inclusion in the House Rules in the 112th Congress.

Clause 4 of rule XXIX codified the accepted practice that the Chair of the Committee on the Budget was responsible for providing authoritative guidance as to budgetary levels related to legislation considered on the floor. No question ever arose prior to the adoption of this clause related to the conditions of the authority. Still, section 312 of the Congressional Budget Act of 1974 states that the budgetary levels “shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives.”

Under standard House practice, this would be construed as requiring a “collegial” action by the entire Committee, entailing a separate vote. Since convening the House Budget Committee each time a budget question arose was impractical to say the least, it was held that the Budget Chairman would speak for the committee in this regard. This was the practice from the enactment of the Congressional Budget Act of 1974 and re-mains the case.

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LEGISLATIVE HISTORY NOTES

Public Laws

Pub. L. 93–344, July 12, 1974, 88 Stat. 297 (The Congressional Budget Act of 1974 (CBA) did not include this section when it was originally enacted. It was added to the CBA by section 13207 of the Budget Enforcement Act of 1990).

Pub. L. 101–508, title XIII, §13207(b)(1), Nov. 5, 1990, 104 Stat. 1388–618 (Budget Enforcement Act of 1990) added §312 to Pub. L. 93–344, title III (Congressional Budget Act of 1974).

Pub. L. 105–33, title X, §10113(a), Aug. 5, 1997, 111 Stat. 687 (Budget Enforcement Act of 1997) amended §312 by clarifying the authority of the Committee on the Budget to provide guidance regarding budgetary levels.

References in Text

The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsection (c), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, as amended.

Amendments 

1997 

Pub. L. 105–33 (BEA 1997) amended section catchline and text generally. Prior to amendment, section consisted of subsections (a) and (b) and provided that each provision of this Act that established a point of order against an amendment also established a point of order in Senate against an amendment between the Houses and prescribed the effect of sustaining a point of order against an amendment or bill under this Act.

1990

Section 13207 of Pub. L. 101-508 (BEA 1990) added this section to the end of title III of the Congressional Budget Act of 1974. It was subsequently amended by sec. 10113 of the Budget Enforcement Act of 1997 (Pub. L. 105-33). Prior to its amendment, the section provided that each provision of the Congressional Budget Act of 1974 establishing a point of order against an amendment also established point of order in the Senate against an amendment between Houses and prescribed the effect of sustaining a point of order against an amendment or bill under that Act. 

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[BCR § 122]