§ 13. Section 401(b)
Deschler’s Notes on Former Section 402
Congressional Budget Act of 1974

Deschler’s Precedents Notes  

§ 13. Section 401(b) 

Section 401(b) of the Congressional Budget Act [of 1974][1] precludes the consideration of ‘‘new entitlement authority’’[2] that becomes effective during the current fiscal year (i.e., before the start of the next fiscal year). This ‘‘timing’’ point of order is applicable to bills or joint resolutions (in the House, as reported), amendments, motions,[3] or conference reports.[4]

Prior to the Budget Enforcement Act of 1997, section 401(b) used a different terminology when referring to the fiscal year covered by its prohibition. The previous formulation of section 401(b) prohibited the consideration of measures containing new entitlement authority that became effective ‘‘before the first day of the fiscal year which begins during the calendar year in which such bill or resolution is reported.’’[5] The Budget Enforcement Act of 1997 clarified the definition by referring simply to the ‘‘current’’ fiscal year in which such measure is considered.

As noted earlier,[6] section 401(c) provides an exception to section 401(b) points of order for new budget authority the outlays of which are derived from certain trust funds, including the Social Security Trust Fund.

[1]  2 USC § 651(b).

[2]  In recent Congresses, the House has adopted an order of the House excluding Federal compensation from the definition of entitlement authority. See, e.g., 157 CONG. REC. H9 [Daily Ed.], 112th Cong. 1st Sess., Jan. 5, 2011 (H. Res. 5, sec. 3(a)(3)).

[3] For example, motions to concur in Senate amendments containing new entitlement authority. See § 13.2, infra.

[4] See § 13.3, infra.

[5] See Parliamentarian’s Note at § 13.3, infra.

[6] See § 12, supra.

[Deschler’s Precedents of the U.S. House of Representatives, Volume 18, Chapter 41.]