§159.602 Section 602 – Committee Spending Allocations.

Congressional Budget Act of 1974

Section 602
Budget Agreement Enforcement Provisions
[Repealed]

Congressional Budget Act of 1974

TITLE VI—BUDGET AGREEMENT ENFORCEMENT PROVISIONS

SEC. 602. COMMITTEE ALLOCATIONS AND ENFORCEMENT.

(a) Committee Spending Allocations.—

(1) House of representatives.—

(A) Allocation among committees.—The joint explanatory statement accompanying a conference report on a budget resolution shall include allocations, consistent with the resolution recommended in the conference report, of the appropriate levels (for each fiscal year covered by that resolution and a total for all such years) of—

(i) total new budget authority,

(ii) total entitlement authority, and

(iii) total outlays;

(iv) new budget authority from the Violent Crime Reduction Trust Fund, and

(v) outlays from the Violent Crime Reduction Trust Fund;

among each committee of the House of Representatives that has jurisdiction over legislation providing or creating such amounts.

(B) No double counting.—Any item allocated to one committee of the House of Representatives may not be allocated to another such committee.

(C) Further division of amounts.—The amounts allocated to each committee for each fiscal year, other than the Committee on Appropriations, shall be further divided between amounts provided or required by law on the date of filing of that conference report and amounts not so provided or required. The amounts allocated to the Committee on Appropriations for each fiscal year shall be further divided between discretionary and mandatory amounts or programs, as appropriate.

(2) Senate allocation among committees.—The joint explanatory statement accompanying a conference report on a budget resolution shall include an allocation, consistent with the resolution recommended in the conference report, of the appropriate levels of—

(A) total new budget authority;

(B) total outlays; and

(C) social security outlays

(D) new budget authority from the Violent Crime Reduction Trust Fund; and

(E) outlays from the Violent Crime Reduction Trust Fund;

among each committee of the Senate that has jurisdiction over legislation providing or creating such amounts.

(3) Amounts not allocated.—(A) In the House of Representatives, if a committee receives no allocation of new budget authority, entitlement authority, or outlays, that committee shall be deemed to have received an allocation equal to zero for new budget authority, entitlement authority, or outlays.

(B) In the Senate, if a committee receives no allocation of new budget authority, outlays, or social security outlays, that committee shall be deemed to have received an allocation equal to zero for new budget authority, outlays, or social security outlays.

(4) No double counting.—Amounts allocated among committees under clause (iv) or (v) of paragraph (1)(A) or under subparagraph (D) or (E) of paragraph (2) shall not be included within any other allocation under that paragraph.

(b) Suballocations By Committees.—

(1) Suballocations by appropriations committees.—As soon as practicable after a budget resolution is agreed to, the Committee on Appropriations of each House (after consulting with the Committee on Appropriations of the other House) shall suballocate each amount allocated to it for the budget year under subsection (a)(1)(A) or (a)(2) among its subcommittees. Each Committee on Appropriations shall promptly report to its House suballocations made or revised under this paragraph.

(2) Suballocations by committees of the senate.—Each other committee of the Senate to which an allocation under subsection (a)(2) is made in the joint explanatory statement may subdivide each amount allocated to it under subsection (a) among its subcommittees or among programs over which it has jurisdiction and shall promptly report any such suballocations to the Senate. Section 302(c) shall not apply in the Senate to committees other than the Committee on Appropriations.

(c) Application of Section 302(f) to this section.—In fiscal years through 1995, reference in section 302(f) to the appropriate allocation made pursuant to section 302(b) for a fiscal year shall, for purposes of this section, be deemed to be a reference to any allocation made under subsection (a) or any suballocation made under subsection (b), as applicable, for the fiscal year of the resolution or for the total of all fiscal years made by the joint explanatory statement accompanying the applicable concurrent resolution on the budget. In the House of Representatives, the preceding sentence shall not apply with respect to fiscal year 1991.

(d) Application of Subsections (a) and (b) to Fiscal Years 1992 to 1995.—In the case of concurrent resolutions on the budget for fiscal years 1992 through 1995, allocations shall be made under subsection (a) instead of section 302(a) and shall be made under subsection (b) instead of section 302(b). For those fiscal years, all references in sections 302(c), (d), (e), (f), and (g) to section 302(a) shall be deemed to be to subsection (a) (including revisions made under section 604) and all such references to section 302(b) shall be deemed to be to subsection (b) (including revisions made under section 604).

(e) Pay-As-You-Go Exception in the House.—Section 302(f)(1) and, after April 15 of any calendar year section 303(a), shall not apply to any bill, joint resolution, amendment thereto, or conference report thereon if, for each fiscal year covered by the most recently agreed to concurrent resolution on the budget.

(1) the enactment of such bill or resolution as reported;

(2) the adoption and enactment of such amendment; or

(3) the enactment of such bill or resolution in the form recommended in such conference report,

would not increase the deficit for any such fiscal year, and, if the sum of any revenue increases provided in legislation already enacted during the current session (when added to revenue increases, if any, in excess of any outlay increase provided by the legislation proposed for consideration) is at least as great as the sum of the amount, if any, by which the aggregate level of Federal revenues should be increased as set forth in that concurrent resolution and the amount, if any, by which revenues are to be increased pursuant to pay-as-you-go procedures under section 301(b)(8) if included in that concurrent resolution.

(2) Revised allocations.—

(A) As soon as practicable after Congress agrees to a bill or joint resolution that would have been subject to a point of order under section 302(f)(1) but for the exception provided in paragraph (1), the chairman of the Committee on the Budget of the House of Representatives may file with the House appropriately revised allocations under section 302(a) and revised functional levels and budget aggregates to reflect that bill.

(B) such revised allocations, functional levels, and budget aggregates shall be considered for the purposes of this Act as allocations, functional levels, and budget aggregates contained in the most recently agreed to concurrent resolution on the budget.

Sec. 603 (1990)

COUNSEL NOTES

Codification

This section was classified to 2 U.S.C. 665a (U.S. Code 1996), prior to its repeal.

BEA 1990 and Repeal

Section 13111 of the Budget Enforcement Act of 1990 (Pub. L. 101-508; 104 Stat. 1388-603) amended Title VI of the Congressional Budget Act of 1974, thereby enacting the legislative procedural provisions of the bipartisan budget summit agreement of 1990 into law.

Section 10118 of the Budget Enforcement Act of 1997 (Pub. L. 105-33, 111 Stat. 251, 695, Aug. 5, 1997) repealed Title VI (CBA) in its entirety, including this section.

Legislative History Notes

Public Laws

The Congressional Budget and Impoundment Control Act of 1974 (Pub. L. 93–344) enacted this section as “Section 602. Midyear Review.”

The Budget Enforcement Act of 1990 (Pub. L. 101–508) amended the Congressional Budget Act of 1974, adding this as a new section 602. The amendment was made pursuant to section 13111 of title XIII of the Omnibus Budget Reconciliation Act of 1990. The short title of title XIII is the BEA 1990. See 104 Stat. 1388–603; November 5, 1990.

The Violent Crime Control and Law Enforcement Act of 1994 (Pub. L. 103–322) under title XXXI, §310001(f)(1), Sept. 13, 1994, 108 Stat. 2103-2104.

The Budget Enforcement Act of 1997 (Pub. L. 105-33) repealed this section when it repealed all of title VI. See section 10118 (BEA 1997); 111 Stat. 251, 695, August 5, 1997.

References in Text

When subsection (e)(2)(B) refers to “this Act”, this means the Congressional Budget Act of 1974 (Pub. L. 93–344)

Prior Provisions

The prior section 602 (CBA), as enacted, was classified to section 11 of former Title 31. It was repealed and reenacted as section 1106(a) of Title 31, Money and Finance, by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068. The new section 1106 was reenacted by Pub. L. 297-58 here: 96 U.S.C. 911. The repeal is displayed in a table on page 1082 listing the sections of Pub. L. 93-344 (CBA) repealed by Pub. L. 97-258.

The first section of the Pub. L. 97-258 (96 Stat. 877) enacted Title 31 of the U.S. Code as “Money and Finance”.

Amendments

1994

The Violent Crime Control and Law Enforcement Act of 1994 (Pub. L. 103-322) amended the section as follows:

Subsections (a)(1)(A)(iv) and (v).

Pub. L. 103–322, §310001(f)(1)(A) added clauses (iv) and (v). These clauses required budget authority and outlays, respectively, of the Violent Crime Reduction Trust Fund to be specifically set apart in the budget resolution allocations for the House.

Subsections (a)(2)(D) and (E).

Pub. L. 103–322, §310001(f)(1)(B) added subparagraphs (D) and (E). These subparagraphs required budget authority and outlays, respectively, of the Violent Crime Reduction Trust Fund to be specifically set apart in the budget resolution allocations for the Senate.

Subsection (a)(4).

Pub. L. 103–322, §310001(f)(1)(C) added paragraph (4). This new paragraph made clear that the amounts allocated in the budget resolution for the Violent Crime Reduction Trust Fund should not also be included in the other allocations provided to Congressional committees, thereby avoiding “double counting.”

Cross References

The Violent Crime Reduction Trust Fund is established under section 12631(c) of Title 34, Crime Control and Law Enforcement, and refers to this section.

This section was referred to by section 603 (CBA) [2 U.S.C. 665b] and section 606 (CBA) [2 U.S.C. 665e].