CBA (Contents)

Congressional Budget Act of 1974

Section 310

TITLE III – CONGRESSIONAL BUDGET PROCESS

reconciliation

Sec. 310.^[1] (a) Inclusion of Reconciliation Directives in Concurrent Resolution on the Budget.^[2]—A concurrent resolution on the budget for any fiscal year, to the extent necessary to effectuate the provisions and requirements of such resolution shall—

(1) specify the total amount by which—

(A) new budget authority for such fiscal year;

(B) budget authority initially provided for prior fiscal years;

(C) new entitlement authority which is to become effective during such fiscal year; and

(D) credit authority for such fiscal year,

contained in laws, bills, and resolutions within the jurisdiction of a committee is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount;

(2) specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount;

(3) specify the amounts by which the statutory limit on the public debt is to be changed and direct the committee having jurisdiction to recommend such change; or

(4) specify and direct any combination of the matters described in paragraphs (1), (2), and (3) (including a direction to achieve deficit reduction).

(b) Legislative Procedure.—If a concurrent resolution containing directives to one or more committees to deter­mine and recommend changes in laws, bills, or resolutions is agreed to in accordance with subsection (a), and—

(1) only one committee of the House or the Senate is directed to determine and recommend changes, that committee shall promptly make such determination and recommendations and report to its House reconciliation legislation containing such recommendations; or

(2) more than one committee of the House or the Senate is directed to determine and recommend changes, each such committee so directed shall promptly make such determination and recommenda­tions and submit such recommendations to the Commit­tee on the Budget of its House, which upon receiving all such recommendations, shall report to its House reconciliation legislation carrying out all such recom­mendations without any substantive revision.

For purposes of this subsection, a reconciliation resolution is a concurrent resolution directing the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be, to make specified changes in bills and resolutions which have not been enrolled.

(c) Compliance with Reconciliation Directions.—

(1) Any committee of the House of Representatives or the Senate that is directed, pursuant to a concurrent resolution on the budget, to determine and recommend changes of the type described in paragraphs (1) and (2) of subsection (a) with respect to laws within its jurisdiction, shall be deemed to have complied with such directions—

(A) if—

(i) the amount of the changes of the type described in paragraph (1) of such subsection recommended by such committee do not exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under that paragraph by more than—

(I) in the Senate, 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection; or

(II) in the House of Representatives, 20 percent of the sum of the absolute value of the changes the committee was directed to make under paragraph (1) and the absolute value of the changes the committee was directed to make under paragraph (2); and

(ii) the amount of the changes of the type described in paragraph (2) of such subsection recommended by such committee do not exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under that paragraph by more than—

(I) in the Senate, 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection; or

(II) in the House of Representatives, 20 percent of the sum of the absolute value of the changes the committee was directed to make under paragraph (1) and the absolute value of the changes the committee was directed to make under paragraph (2); and

(B) if the total amount of the changes recommended by such committee is not less than the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection.

(2)(A) Upon the reporting to the Committee on the Budget of the Senate of a recommendation that shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of that committee may file with the Senate appropriately revised allocations under section 302(a) and revised functional levels and aggregates to carry out this subsection.

(B) Upon the submission to the Senate of a conference report recommending a reconciliation bill or resolution in which a committee shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of the Committee on the Budget of the Senate may file with the Senate appropriately revised allocations under section 302(a) and revised functional levels and aggregates to carry out this subsection.

(C) Allocations, functional levels, and aggregates revised pursuant to this paragraph shall be considered to be allocations, functional levels, and aggregates contained in the concurrent resolution on the budget pursuant to section 301.

(D) Upon the filing of revised allocations pursuant to this paragraph, the reporting committee shall report revised allocations pursuant to section 302(b) to carry out this subsection.

(d) Limitation on Amendments to Reconciliation Bills and Resolutions.—

(1) It shall not be in order in the House of Representatives to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of increasing any specific budget outlays above the level of such outlays provided in the bill or resolution (for the fiscal years covered by the reconciliation instructions set forth in the most recently agreed to concurrent resolution on the budget), or would have the effect of reducing any specific Federal revenues below the level of such revenues provided in the bill or resolution (for such fiscal years), unless such amendment makes at least an equivalent reduction in other specific budget outlays, an equivalent increase in other specific Federal revenues, or an equivalent combination thereof (for such fiscal years), except that a motion to strike a provision providing new budget authority or new entitlement authority may be in order.

(2) It shall not be in order in the Senate to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided (for the fiscal years covered) in the reconciliation instructions which relate to such bill or resolution set forth in a resolution providing for reconciliation, or would have the effect of reducing Federal revenue increases below the level of such revenue increases provided (for such fiscal years) in such instructions relating to such bill or resolution, unless such amendment makes a reduction in other specific budget outlays, an increase in other specific Federal revenues, or a combination thereof (for such fiscal years) at least equivalent to any increase in outlays or decrease in revenues provided by such amendment, except that a motion to strike a provision shall always be in order.

(3) Paragraphs (1) and (2) shall not apply if a declaration of war by the Congress is in effect.

(4) For purposes of this section, the levels of budget outlays and Federal 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 of the Senate, as the case may be.

(5) The Committee on Rules of the House of Representatives may make in order amendments to achieve changes specified by reconciliation directives contained in a concurrent resolution on the budget if a committee or committees of the House fail to submit recommended changes to its Committee on the Budget pursuant to its instruction.

 (e) Procedure in the Senate.—

(1) Except as provided in paragraph (2), the provisions of section 305 for the consideration in the Senate of concurrent resolutions on the budget and conference reports thereon shall also apply to the consideration in the Senate of reconciliation bills reported under subsection (b) and conference reports thereon.

(2) Debate in the Senate on any reconciliation bill reported under subsection (b), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours.

(f) Completion of Reconciliation Process.—It shall not be in order in the House of Representatives to consider any resolution providing for an adjournment period of more than three calendar days during the month of July until the House of Representatives has completed action on the reconciliation legislation for the fiscal year beginning on October 1 of the calendar year to which the adjournment resolution pertains, if reconciliation legislation is required to be reported by the concurrent resolution on the budget for such fiscal year.

(g) Limitation on Changes to the Social Security Act.— Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconciliation bill or reconciliation resolution reported pursuant to a concurrent resolution on the budget agreed to under section 301 or 304, or a joint resolution pursuant to section 258C of the Balanced Budget and Emergency Deficit Control Act of 1985, or any amendment thereto or conference report thereon, that contains recommendations with respect to the old-age, survivors, and disability insurance program established under title II of the Social Security Act.

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COUNSEL NOTES

[1] This section was classified to the U.S. Code at 2 U.S.C. 641.

[2] A point of order now lays against a concurrent resolution on the budget which includes directives to a committee to increase direct spending. Clause 7 of rule XXI of the Rules of the House of Representatives for the 112th Congress provides as follows:

“7. It shall not be in order to consider a concurrent resolution on the budget, or an amendment thereto, or a conference report thereon that contains reconciliation directives under section 310 of the Congressional Budget Act of 1974 that specify changes in law such that the reconciliation legislation reported pursuant to such directives would cause an increase in net direct spending (as such term is defined in clause 10) for the period covered by such concurrent resolution.”

Section 310 (CBA), as Enacted

Section 310 (CBA), as enacted by the Congressional Budget Act of 1974 (Pub. L. 97-344).

Section 310 (CBA) from the BPLA

Section 310 (BPLA), as set out in the Budget Process Law Annotated (1993).

Previous Ruling by Senate Parliamentarian on Number of Reconciliation Bill

In May of 1996 during a parliamentarian exchange between Senator Tom Daschle (SD), the Chair advised that there was no limit to the number of reconciliation bills. This was reversed without revisiting the ruling by the Senate Parliamentarian several years later. See the Congressional Record:  “Reconciliation Debate Senate Point of Order May 21, 1996 (pp. S5418-5419)“

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LEGISLATIVE HISTORY NOTES

Public Laws

Pub. L. 93–344, title III, §310, July 12, 1974, 88 Stat. 315 (Congressional Budget Act of 1974).

Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1053 (Balanced Budget and Emergency Deficit Control Act of 1985).

Pub. L. 101–508, title XIII, §§13112(a)(9), 13207(c), (d), 13210(2), Nov. 5, 1990, 104 Stat. 1388–608 , 1388-618 to 1388-620 (Budget Enforcement Act of 1990).

Pub. L. 105–33, title X, §10111, Aug. 5, 1997, 111 Stat. 685  (Budget Enforcement Act of 1997).

Pub. L. 113–67, div. A, title I, §122(9), Dec. 26, 2013, 127 Stat. 1175 (Bipartisan Budget Act of 2013).

References in Text

The Social Security Act, referred to in subsection (g), is was enacted on Aug. 14, 1935, (chapter 531, 49 Stat. 620), referring to it as amended. Title II of the Social Security Act is classified to the U.S. Code generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare.

Codification

This section was formerly classified to section 1331 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.

Amendments

2013 

Subsection (c)(1)(A)(i).

Pub. L. 113–67 (BBA 2013), which directed amendment of clause (i) by substituting “under that paragraph by more than-” for “under that paragraph by more than”, was executed by making the substitution for “under such paragraph by more than” to reflect the probable intent of Congress.

Subsection (c)(1)(A)(ii).

Pub. L. 113–67 (BBA 2013) substituted “under that paragraph by more than-” for “under that paragraph by more than”.

1997 

Subsection (c)(1)(A)(i).

Pub. L. 105–33, §10111(1) (BEA 1997), substituted subclauses (I) and (II) for “20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection, and”.

Subsection (c)(1)(A)(ii).

Pub. L. 105–33, §10111(2) (BEA 1997), substituted subclauses (I) and (II) for “20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection; and”.

1990 

Subsection (a)(4).

Pub. L. 101–508, §13207(d) (BEA 1990), inserted before period at end “(including a direction to achieve deficit reduction)”.

Subsection (c).

Pub. L. 101–508, §13207(c) (BEA 1990), designated existing provisions as paragraph (1), redesignated former paragraph (1) and subparagraphs (A) and (B) thereof as subparagraph (A) and clauses (i) and (ii), respectively, redesignated former paragraph (2) as subparagraph (B) of paragraph (1), and added paragraph (2).

Subsection (f).

Pub. L. 101–508, §13210(2) (BEA 1990), struck out paragraph (1) heading “In general” and text which directed Congress to complete action on any reconciliation bill or reconciliation resolution reported under subsection (b) of this section not later than June 15 of each year, and struck out the paragraph (2) designation and heading “Point of order in the House of Representatives”.

Subsection (g).

Pub. L. 101–508, §13112(a)(9) (BEA 1990), substituted “joint resolution pursuant” for “resolution pursuant” and “section 907d of this title” for “section 904(b) of this title”.

1985 

Pub. L. 99–177 (BBEDCA) substituted “Reconciliation” for “Second required concurrent resolution and reconciliation process” in section catchline.

Subsection (a).

Pub. L. 99–177 (BBEDCA) amended subsection (a) generally, inserting provisions relating to new entitlement authority and credit authority, and deleting provision that any such concurrent resolution could be reported, and the report accompanying it could be filed, in either House notwithstanding that that House was not in session on the day on which such concurrent resolution is reported.

Subsection (b).

Pub. L. 99–177 (BBEDCA) amended subsection (b) generally, substituting provisions relating to legislative procedure respecting concurrent resolutions with directives to committees to determine and recommend changes in laws, etc., for provisions relating to completion of action on concurrent resolutions.

Subsection (c).

Pub. L. 99–177 (BBEDCA) amended subsection (c) generally, substituting provisions relating to compliance with reconciliation directives, for provisions relating to the reconciliation process.

Subsection (d).

Pub. L. 99–177 (BBEDCA) amended subsection (d) generally, substituting provisions relating to limitations on amendments to reconciliation bills and resolutions, for provisions relating to completion of the reconciliation process.

Subsection (e).

Pub. L. 99–177 (BBEDCA) amended subsection (e) generally, substituting references to subsection (b) for references to subsection (c) wherever appearing, and deleting references to reconciliation resolutions.

Subsection (f).

Pub. L. 99–177 (BBEDCA) amended subsection (f) generally, inserting provision that Congress complete action on reconciliation bills or resolutions reported under subsection (b) not later than June 15 of each year and revising provisions relating to adjournment periods of the House of Representatives with respect to completion of action on fiscal year reconciliation legislation.

Subsection (g).

Pub. L. 99–177 (BBEDCA), in amending section generally, added subsection (g).

Effective Date of 1985 Amendment

The amendment made by Pub. L. 99–177 was effective Dec. 12, 1985, and was applicable with respect to fiscal years beginning after September 30, 1985, except that such amendment, insofar as it relates to subsections (c), (d), and (g) of this section, to become effective April 15, 1986. Section 275(a)(1), (2)(A) of Pub. L. 99–177, set out a termination date. This is 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).

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