[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 111th Congress]
[111st Congress]
[House Document 110-162]
[Miscellaneous Provisions Of Congressional Budget Laws]
[Pages 1013-1090]
[From the U.S. Government Printing Office, www.gpo.gov]


[[Page 1013]]
 
                        CONGRESSIONAL BUDGET ACT


                                                               Sec. 1127


excerpts relating to legislative procedure from the congressional budget 
                               __________


                   act of 1974 (2 u.s.c. 601 et seq.)


                         declaration of purposes

  Sec. 2. The Congress declares that it is essential--

          (1) to assure effective congressional control over the 

        budgetary process;

          (2) to provide for the congressional determination each year 

        of the appropriate level of Federal revenues and expenditures;

          (3) to provide a system of impoundment control;

          (4) to establish national budget priorities; and

          (5) to provide for the furnishing of information by the 

        executive branch in a manner that will assist the Congress in 


        discharging its duties.


                               definitions

  Sec. 3. In General.--For purposes of this Act--

  (1) The terms ``budget outlays'' and ``outlays'' mean, with respect to 
any fiscal year, expenditures and net lending of funds under budget 
authority during such year.

  (2) Budget authority and new budget authority.--

          (A) In general.--The term ``budget authority'' means the 

        authority provided by Federal law to incur financial 

        obligations, as follows:

                  (i) provisions of law that make funds available for 

                obligation and expenditure (other than borrowing 

                authority), including the authority to obligate and 

                expend the proceeds of offsetting receipts and 

                collections;

                  (ii) borrowing authority, which means authority 

                granted to a Federal entity to borrow and obligate and 

                expend the borrowed funds, including through the 


[[Page 1014]]

                issuance of promissory notes or other monetary credits;

                  (iii) contract authority, which means the making of 

                funds available for obligation but not for expenditure; 

                and

                  (iv) offsetting receipts and collections as negative 

                budget authority, and the reduction thereof as positive 

                budget authority.

          (B) Limitations on budget authority.--With respect to the 

        Federal Hospital Insurance Trust Fund, the Supplementary Medical 

        Insurance Trust Fund, the Unemployment Trust Fund, and the 

        railroad retirement account, any amount that is precluded from 

        obligation in a fiscal year by a provision of law (such as a 

        limitation or a benefit formula) shall not be budget authority 

        in that year.

          (C) New budget authority.--The term ``new budget authority'' 

        means, with respect to a fiscal year--

                  (i) budget authority that first becomes available for 

                obligation in that year, including budget authority that 

                becomes available in that year as a result of a 

                reappropriation; or

                  (ii) a change in any account in the availability of 

                unobligated balances of budget authority carried over 

                from a prior year, resulting from a provision of law 

                first effective in that year;

        and includes a change in the estimated level of new budget 

        authority provided in indefinite amounts by existing law.

  (3) The term ``tax expenditures'' means those revenue losses 
attributable to provisions of the Federal tax laws which allow a special 
exclusion, exemption, or deduction from gross income or which provide a 
special credit, a preferential rate of tax, or a deferral of tax 
liability, and the term ``tax expenditures budget'' means an enumeration 
of such tax expenditures.

  (4) The term ``concurrent resolution on the budget'' means--

          (A) a concurrent resolution setting forth the congressional 

        budget for the United States Government for a fiscal year as 

        provided in section 301; and

          (B) any other concurrent resolution revising the congressional 

        budget for the United States Government for a fiscal year as 

        described in section 304.


[[Page 1015]]

  (5) The term ``appropriation Act'' means an Act referred to in section 
105 of title 1, United States Code.

  (6) The term ``deficit'' means, with respect to a fiscal year, the 
amount by which outlays exceeds receipts during that year.

  (7) The term ``surplus'' means, with respect to a fiscal year, the 
amount by which receipts exceeds outlays during that year.

  (8) The term ``government-sponsored enterprise'' means a corporate 
entity created by a law of the United States that--

          (A)(i) has a Federal charter authorized by law;

          (ii) is privately owned, as evidenced by capital stock owned 

        by private entities or individuals;

          (iii) is under the direction of a board of directors, a 

        majority of which is elected by private owners;

          (iv) is a financial institution with power to--

                  (I) make loans or loan guarantees for limited purposes 

                such as to provide credit for specific borrowers or one 

                sector; and

                  (II) raise funds by borrowing (which does not carry 

                the full faith and credit of the Federal Government) or 

                to guarantee the debt of others in unlimited amounts; 

                and

          (B)(i) does not exercise powers that are reserved to the 

        Government as sovereign (such as the power to tax or to regulate 

        interstate commerce);

          (ii) does not have the power to commit the Government 

        financially (but it may be a recipient of a loan guarantee 

        commitment made by the Government); and

          (iii) has employees whose salaries and expenses are paid by 

        the enterprise and are not Federal employees subject to title 5 

        of the United States Code.

  (9) The term ``entitlement authority'' means--

          (A) the authority to make payments (including loans and 

        grants), the budget authority for which is not provided for in 

        advance by appropriation Acts, to any person or government if, 

        under the provisions of the law containing that authority, the 

        United States is obligated to make such payments to persons or 

        governments who meet the requirements established by that law; 

        and

          (B) the food stamp program.



[[Page 1016]]


  (10) The term ``credit authority'' means authority to incur direct 
loan obligations or to incur primary loan guarantee commitments.

  The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) modified 
paragraphs (2) and (6) of this section and added paragraphs (7) and (8). 
Two separate sections of the 1990 Act amended paragraph (2): section 
13201 added a new sentence at the end of the paragraph; section 13211 
rewrote the paragraph entirely, effective for fiscal years after 1991. 
The text depicted here attempts to harmonize the two; but see 2 U.S.C. 
622(2). The Balanced Budget and Emergency Deficit Control Act of 1985 
(tit. II of P.L. 99-177) added paragraphs (9) and (10). The Budget 
Enforcement Act of 1997 (sec. 10101 of P.L. 105-33) amended the 
definition of ``entitlement authority'' in paragraph (9) in conjunction 
with amendments to section 401.


  Amounts of liquidating cash provided in the annual bill making 
appropriations for the Department of Transportation are not new budget 
authority within the meaning of this section, but are merely funds to 
liquidate contractual obligations previously incurred pursuant to new 
discretionary contract authority previously reported from and scored 
against allocations to the Committee on Public Works and Transportation 
(now Transportation and Infrastructure) as the authority to enter into 
obligations that will result in immediate or future outlays (July 30, 
1986, p. 18154).
* * * * *


                 TITLE III--CONGRESSIONAL BUDGET PROCESS


                                timetable



 
 
  Sec. 300. The timetable with respect to the congressional budget 
process for any fiscal year is as follows:

 
First Monday in February......................  President submits his
                 On or before:                   Action to be completed:

                                                 budget.
February 15...................................  Congressional Budget

                                                 Office submits report

                                                 to Budget Committees.
Not later than 6 weeks after President submits  Committees submit views
 budget.                                         and estimates to Budget

                                                 Committees.
April 1.......................................  Senate Budget Committee

                                                 reports concurrent

                                                 resolution on the

                                                 budget.
April 15......................................  Congress completes

                                                 action on concurrent

                                                 resolution on the

                                                 budget.
May 15........................................  Annual appropriation

                                                 bills may be considered

                                                 in the House.
June 10.......................................  House Appropriations

                                                 Committee reports last

                                                 annual appropriation


[[Page 1017]]

 
June 15.......................................  Congress completes
                                                 bill.

                                                 action on

                                                 reconciliation

                                                 legislation.
June 30.......................................  House completes action

                                                 on annual appropriation

 


                                                 bills.
October 1.....................................  Fiscal year begins.


  The date for committees' submissions of views and estimates was 
amended by the Budget Enforcement Act of 1997 (sec. 10104, P.L. 105-33).


         annual adoption of concurrent resolution on the budget

  Sec. 301. (a) Content of Concurrent Resolution on the Budget.--On or 
before April 15 of each year, the Congress shall complete action on a 
concurrent resolution on the budget for the fiscal year beginning on 
October 1 of such year. The concurrent resolution shall set forth 
appropriate levels for the fiscal year beginning on October 1 of such 
year and for at least each of the 4 ensuing fiscal years for the 
following--

          (1) totals of new budget authority and outlays;

          (2) total Federal revenues and the amount, if any, by which 

        the aggregate level of Federal revenues should be increased or 

        decreased by bills and resolutions to be reported by the 

        appropriate committees;

          (3) the surplus or deficit in the budget;

          (4) new budget authority and outlays for each major functional 

        category, based on allocations of the total levels set forth 

        pursuant to paragraph (1);

          (5) the public debt;

          (6) for purposes of Senate enforcement under this title, 

        outlays of the old-age, survivors, and disability insurance 

        program established under title II of the Social Security Act 

        for the fiscal year of the resolution and for each of the 4 

        succeeding fiscal years; and

          (7) for purposes of Senate enforcement under this title, 

        revenues of the old-age, survivors, and disability insurance 

        program established under title II of the Social Security Act 

        (and the related provisions of the Internal Revenue Code of 

        1986) for the fiscal year of the resolution and for each of the 


[[Page 1018]]

Security Act or the related provisions of the Internal Revenue Code of 
1986 in the surplus or deficit totals required by this subsection or in 
any other surplus or deficit totals required by this title.

        4 succeeding fiscal years.
The concurrent resolution shall not include the outlays and revenue 
totals of the old age, survivors, and disability insurance program 
established under title II of the Social

  (b) Additional Matters in Concurrent Resolution.--The concurrent 
resolution on the budget may--

          (1) set forth, if required by subsection (f), the calendar 

        year in which, in the opinion of the Congress, the goals for 

        reducing unemployment set forth in section 4(b) of the 

        Employment Act of 1946 should be achieved;

          (2) include reconciliation directives described in section 

        310;

          (3) require a procedure under which all or certain bills or 

        resolutions providing new budget authority or new entitlement 

        authority for such fiscal year shall not be enrolled until the 

        Congress has completed action on any reconciliation bill or 

        reconciliation resolution or both required by such concurrent 

        resolution to be reported in accordance with section 310(b);

          (4) set forth such other matters, and require such other 

        procedures, relating to the budget, as may be appropriate to 

        carry out the purposes of this Act;

          (5) include a heading entitled ``Debt Increase as Measure of 

        Deficit'' in which the concurrent resolution shall set forth the 

        amounts by which the debt subject to limit (in section 3101 of 

        title 31 of the United States Code) has increased or would 

        increase in each of the relevant fiscal years;

          (6) include a heading entitled ``Display of Federal Retirement 

        Trust Fund Balances'' in which the concurrent resolution shall 

        set forth the balances of the Federal retirement trust funds;

          (7) set forth procedures in the Senate whereby committee 

        allocations, aggregates, and other levels can be revised for 

        legislation if that legislation would not increase the deficit, 

        or would not increase the deficit when taken with other 

        legislation enacted after the adoption of the resolution, for 

        the first fiscal year or the total period of fiscal years 

        covered by the resolution;

          (8) set forth procedures to effectuate pay-as-you-go in the 

        House of Representatives; and

          (9) set forth direct loan obligation and primary loan 



[[Page 1019]]


        guarantee commitment levels.

  The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) added 
paragraphs (6) and (7) and a new last sentence to subsection (a), added 
paragraphs (5)-(8) to subsection (b), and added former section 606 
(repealed by the Budget Enforcement Act of 1997 (sec. 10118, P.L. 105-
33)), requiring that a concurrent resolution on the budget set forth 
appropriate levels for five fiscal years for the matters described in 
subsection (a). Title III had previously been comprehensively amended by 
the Balanced Budget and Emergency Deficit Control Act of 1985 (tit. II, 
P.L. 99-177). Sections 301(a) and 301(b) were amended by the Budget 
Enforcement Act of 1997 (sec. 10105, P.L. 105-33) to extend the 
requirement that the term of budget resolutions be at least five years 
and to eliminate the requirement that budget resolutions contain direct 
loan and loan guarantee levels.


[[Page 1020]]

cerning its section 302(b) allocation (now section 302(c)) and a 
direction that if a second concurrent resolution on the budget for 
fiscal year 1983 was not finally adopted by October 1, then the 
aggregate amounts in that first concurrent resolution would become the 
spending ceilings and revenue floor for the purposes of section 311 (S. 
Con. Res. 92, 97th Cong.). The first concurrent resolution on the budget 
for fiscal year 1984 likewise contained the latter provision, but also 
provided that a point of order under section 311 of the Budget Act would 
not apply if spending contained in a bill remained within the reporting 
committee's discretionary allocation under section 302 (section 311(b) 
contains a similar exception). The 1984 resolution also contained a new 
provision reserving specific amounts of budget authority and outlays for 
subsequent allocation to committees by the Budget Committee (H. Con. 
Res. 91, 98th Cong.; see also Mar. 6, 1984, p. 4621, for a statement by 
Speaker O'Neill describing the operation and effect of the latter 
provision). The first concurrent resolution on the budget for fiscal 
year 1985 included a similar provision that it be treated as the second 
budget resolution for that year on October 1, 1984, for the purposes of 
the section 311 spending ceilings and revenue levels, but that a point 
of order not apply where the committee in question had not exceeded its 
section 302(a) allocations. The resolution also provided that 
legislation providing budget authority, entitlement authority, or credit 
authority not be considered until the reporting committee filed the 
requisite report concerning its section 302(b) allocations (H. Con. Res. 
280, 98th Cong.).
  The prescribed content of a concurrent resolution on the budget under 
the prior version of section 301 evolved over time. Pursuant to the 
authority to include other ``appropriate procedures'' under then section 
301(b)(2) of the Budget Act, the first concurrent resolution on the 
budget for fiscal year 1981 (which also contained the third concurrent 
resolution on the budget for fiscal year 1980, budget targets for fiscal 
years 1981 and 1983, and other related matters) contained new provisions 
directing House and Senate committees to report to their respective 
Budget Committees reconciliation legislation reducing spending for 
fiscal year 1981 (H. Con. Res. 307, 96th Cong.). Under rule XXVIII the 
final adoption of that concurrent resolution has the effect of 
triggering the automatic engrossment of a joint resolution setting the 
public debt limit (see Sec. 1104, supra). The first concurrent 
resolution on the budget for fiscal year 1982, in addition to other new 
``appropriate procedures,'' included in its reconciliation instructions 
directions to several House and Senate committees to report reductions 
in both entitlement spending authority and discretionary authorization 
programs sufficient to reduce budget authority and outlays separately 
for each of three fiscal years, and included a ``deferred enrollment'' 
procedure relating to bills containing new budget authority and 
entitlement spending authority in excess of allocations to committees 
(H. Con. Res. 115, 97th Cong.). The first concurrent resolution on the 
budget for fiscal year 1983, in addition to other new ``appropriate 
procedures,'' included a binding Federal credit budget for two fiscal 
years, containing not only aggregate and functional category targets for 
new direct loan obligations and new primary and secondary loan guarantee 
commitments, but also (1) prohibiting consideration of bills authorizing 
new loan obligations or new loan guarantee commitments not subject to 
the appropriations process with certain exceptions (now section 402(a)), 
and (2) establishing a ceiling on total new direct loan obligations and 
new primary or secondary loan guarantee commitments for the ensuing 
fiscal year upon adoption of the second concurrent resolution on the 
budget for that year (similar to the section 311 ceiling for direct 
budget authority). Also included was a prohibition against consideration 
in either House of measures providing new budget or entitlement 
authority until the reporting committee filed a report in the House con

  In 1986, the first concurrent resolution on the budget since the 
enactment of the Balanced Budget and Emergency Deficit Control Act of 
1985 (P.L. 99-177), the recommended deficit level for fiscal year 1987 
was below the maximum deficit amount as then specified, thus permitting 
consideration of the conference reported amendment in disagreement 
pursuant to then section 301(i) without a waiver by three-fifths vote in 
either House (June 26, 1986, p. 15740). That concurrent resolution also 
contained a ``contingency fund'' for deficit reduction and unmet 
critical needs, additional general revenue-sharing funding beyond levels 
contained therein if deficits were not increased and authorization 
enacted, and a provision authorizing a report to be filed by the chair 
of the House Budget Committee by a date certain to be printed and to 
constitute allocations of new budget authority and outlays required by 
section 302(a) (where the conferees did not have time to prepare 
allocations prior to filing of the conference report).


[[Page 1021]]

stating that, for purposes of allocations and points of order under 
section 302, amounts realized from asset sales and prepayments of loans 
would not be allocated or scored as affecting budget authority or 
outlays (H. Con. Res. 268, 100th Cong.; H. Con. Res. 106, 101st Cong.). 
The concurrent resolution on the budget for fiscal years 1989-1991 also 
contained a section providing for a subsequent allocation of budget 
authority and outlays for fiscal year 1989 upon the reporting by 
appropriate committees of an anti-drug initiative (H. Con. Res. 268, 
101st Cong.). The concurrent resolution on the budget for fiscal years 
1995-1999 included provisions (1) adjusting allocations of budget 
authority, new entitlement authority, and outlays and adjusting total 
levels of budget authority, outlays, and revenues for health care reform 
in the House (within a maximum aggregate deficit for fiscal years 1995-
1999), and (2) adjusting committee allocations, budget aggregates, and 
the maximum deficit amount contingent on certain IRS compliance 
initiatives (H. Con. Res. 218, 103d Cong.). The concurrent resolution on 
the budget for fiscal years 1996-2002 established a budget surplus 
allowance contemplating tax reductions only as part of a legislative 
package producing a balanced budget by fiscal year 2002; corrected a 
disparity that had arisen under the Federal Credit Reform Act of 1990 
for the scoring of student loans; and established a process for 
certifying a balanced budget before the House could consider a 
reconciliation bill reducing taxes (H. Con. Res. 67, 104th Cong.).
  The concurrent resolution on the budget for fiscal years 1988-1990 
contained a provision permitting the first concurrent resolution to 
``become'' a second binding concurrent resolution only at the beginning 
of the fiscal year. It also contained a provision encouraging sales of 
Government assets to non-Government buyers but providing that amounts 
realized not be treated as revenues, receipts, or negative outlays for 
purposes of specified budget enforcement and scorekeeping procedures (H. 
Con. Res. 93, 100th Cong.). The concurrent resolutions on the budget for 
fiscal years 1989-1991 and for fiscal years 1990-1992, respectively, 
each contained a section

  Concurrent resolutions on the budget have included reconciliation 
instructions that contemplated reductions in revenues (e.g., H. Con. 
Res. 95, 109th Cong.), including one that contemplated two bills 
reducing revenues (H. Con. Res. 178, 104th Cong.).

  The concurrent resolutions on the budget for fiscal years 2000 and 
2001 included a point of order against consideration in the House or 
Senate of a concurrent resolution on the budget for the next fiscal 
year, or any amendment thereto or conference report thereon, that sets 
forth a deficit for any fiscal year (as determined by the Budget 
Committee) (sec. 201, H. Con. Res. 68, 106th Cong.; sec. 201, H. Con. 
Res. 290, 106th Cong.).

  The concurrent resolution on the budget for fiscal year 2001 also 
included points of order against consideration in the House of a 
reported bill or joint resolution, or any amendment thereto or 
conference report thereon: (1) that would cause a surplus for fiscal 
year 2001 to be less than the level established in the resolution; and 
(2) that, until January 1, 2001, contained a directed scorekeeping 
provision (secs. 202, 203, H. Con. Res. 290, 106th Cong.).


[[Page 1022]]

Cong., May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May 
19, 2004, p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 
2005, p. _; sec. 401, H. Con. Res. 95, 109th Cong.; sec. 206, S. Con. 
Res. 21, 110th Cong.; sec. 302, S. Con. Res. 70, 110th Cong.).
  Budget resolutions have established a point of order against a measure 
that would cause the total level of discretionary advance appropriations 
to exceed a set amount (secs. 202, 203, H. Con. Res. 290, 106th Cong.; 
sec. 201, H. Con. Res. 83, 107th Cong.; sec. 301, H. Con. Res. 353, 
107th Cong., deemed in place by H. Res. 428, 107th Cong., May 22, 2002, 
pp. 8675, 8676, and by sec. 3(a)(4), H. Res. 5, 108th Cong., Jan. 7, 
2003, p. 10; sec. 501, H. Con. Res. 95, 108th Cong.; sec. 401, S. Con. 
Res. 95, 108th

  Budget resolutions have provided that new budget authority, new 
entitlement authority, outlays, and receipts designated as an emergency 
in bills, joint resolutions, amendments, or conference reports are not 
cognizable under specified sections of titles III and IV of the Budget 
Act. The budget resolutions also have required to be included in a 
committee report, joint statement of managers, or the Congressional 
Record an explanation of how an emergency item meets certain criteria 
(sec. 502, H. Con. Res. 95, 108th Cong.; sec. 402, S. Con. Res. 95, 
108th Cong., May 19, 2004, deemed in place by H. Res. 649, 108th Cong., 
May 19, 2004, p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 
2005, p. _; sec. 402, H. Con. Res. 95, 109th Cong.; sec. 204, S. Con. 
Res. 21, 110th Cong.; sec. 301, S. Con. Res. 70, 110th Cong.). The 
concurrent resolution on the budget for fiscal year 2005 also provided 
that new budget authority, new entitlement authority, and outlays 
contained in a supplemental appropriation bill for fiscal year 2005 for 
overseas contingency operations related to the war or terrorism were not 
cognizable under sections 302, 303 and 401 of the Budget Act (sec. 403, 
S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in place by H. Res. 
649, 108th Cong., May 19, 2004, p. _, and by sec. 3(a)(4), H. Res. 5, 
109th Cong., Jan. 4, 2005, p. _). Budget resolutions have also provided 
that new budget authority, outlays, or receipts resulting from 
appropriations for overseas deployments and related activities are not 
cognizable under titles III and IV of the Budget Act (sec. 207, S. Con. 
Res. 21, 110th Cong.; sec. 301, S. Con. Res. 70, 110th Cong.).


  The concurrent resolution on the budget for fiscal year 2006 included 
a provision permitting the chair of the Budget Committee to make 
adjustments to levels and allocations to conform to changes in concepts 
or definitions and a provision providing for a section 302(b) 
suballocation to the full Appropriations Committee for appropriations 
for the Legislative Branch (secs. 406, 410, H. Con. Res. 95, 109th 
Cong.).


[[Page 1023]]

amendment or amendments changing or striking out any such procedure or 
matter.

  (c) Consideration of Procedures or Matters Which Have the Effect of 
Changing any Rule of the House of Representatives.--If the Committee on 
the Budget of the House of Representatives reports any concurrent 
resolution on the budget which includes any procedure or matter which 
has the effect of changing any rule of the House of Representatives, 
such concurrent resolution shall then be referred to the Committee on 
Rules with instructions to report it within five calendar days (not 
counting any day on which the House is not in session). The Committee on 
Rules shall have jurisdiction to report any concurrent resolution 
referred to it under this paragraph with an


  (d) Views and Estimates of Other Committees.--Within 6 weeks after the 
President submits a budget under section 1105(a) of title 31, United 
States Code, or at such time as may be requested by the Committee on the 
Budget, each committee of the House of Representatives having 
legislative jurisdiction shall submit to the Committee on the Budget of 
the House and each committee of the Senate having legislative 
jurisdiction shall submit to the Committee on the Budget of the Senate 
its views and estimates (as determined by the committee making such 
submission) with respect to all matters set forth in subsections (a) and 
(b) which relate to matters within the jurisdiction or functions of such 
committee. The Joint Economic Committee shall submit to the Committees 
on the Budget of both Houses its recommendations as to the fiscal policy 
appropriate to the goals of the Employment Act of 1946. Any other 
committee of the House of Representatives or the Senate may submit to 
the Committee on the Budget of its House, and any joint committee of the 
Congress may submit to the Committees on the Budget of both Houses, its 
views and estimates with respect to all matters set forth in subsections 
(a) and (b) which relate to matters within its jurisdiction or 
functions. Any Committee of the House of Representatives or the Senate 
that anticipates that the committee will consider any proposed 
legislation establishing, amending, or reauthorizing any Federal program 
likely to have a significant budgetary impact on any State, local, or 
tribal government, or likely to have a significant financial impact on 
the private sector, including any legislative proposal submitted by the 
executive branch likely to have such a budgetary or financial impact, 
shall include its views and estimates on that proposal to the Committee 
on the Budget of the applicable House.


  Section 301(d) was amended by the Budget Enforcement Act of 1997 (sec. 
10105, P.L. 105-33) to permit the Budget Committees to set an alternate 
deadline for submission of committee views and estimates.

  (e) Hearings and Report.--

          (1) In general.--In developing the concurrent resolution on 

        the budget referred to in subsection (a) for each fiscal year, 

        the Committee on the Budget of each House shall hold hearings 

        and shall receive testimony from Members of Congress and such 


[[Page 1024]]

        appropriate rep

        resentatives of Federal departments and agencies, the general 

        public, and national organizations as the committee deems 

        desirable. Each of the recommendations as to short-term and 

        medium-term goals set forth in the report submitted by the 

        members of the Joint Economic Committee under subsection (d) may 

        be considered by the Committee on the Budget of each House as 

        part of its consideration of such concurrent resolution, and its 

        report may reflect its views thereon, including its views on how 

        the estimates of revenues and levels of budget authority and 

        outlays set forth in such concurrent resolution are designed to 

        achieve any goals it is recommending.

          (2) Required contents of report.--The report accompanying the 

        resolution shall include--

                  (A) a comparison of the levels of total new budget 

                authority, total outlays, total revenues, and the 

                surplus or deficit for each fiscal year set forth in the 

                resolution with those requested in the budget submitted 

                by the President;

                  (B) with respect to each major functional category, an 

                estimate of total new budget authority and total 

                outlays, with the estimates divided between 

                discretionary and mandatory amounts;

                  (C) the economic assumptions that underlie each of the 

                matters set forth in the resolution and any alternative 

                economic assumptions and objectives the committee 

                considered;

                  (D) information, data, and comparisons indicating the 

                manner in which, and the basis on which, the committee 

                determined each of the matters set forth in the 

                resolution;

                  (E) the estimated levels of tax expenditures (the tax 

                expenditures budget) by major items and functional 

                categories for the President's budget and in the 

                resolution; and

                  (F) allocations described in section 302(a).

          (3) Additional contents of report.--The report accompanying 

        the resolution may include--

                  (A) a statement of any significant changes in the 

                proposed levels of Federal assistance to State and local 

                governments;

                  (B) an allocation of the level of Federal revenues 

                recommended in the resolution among the major sources of 


[[Page 1025]]

                such revenues;

                  (C) information, data, and comparisons on the share of 

                total Federal budget outlays and of gross domestic 

                product devoted to investment in the budget submitted by 

                the President and in the resolution;

                  (D) the assumed levels of budget authority and outlays 

                for public buildings, with a division between amounts 

                for construction and repair and for rental payments; and

                  (E) other matters, relating to the budget and to 


                fiscal policy, that the committee deems appropriate.


  The contents required of a report accompanying a budget resolution 
were modified by the Budget Enforcement Act of 1997 (sec. 10105, P.L. 
105-33).

  (f) Achievement of Goals for Reducing Unemployment.--

          (1) If, pursuant to section 4(c) of the Employment Act of 

        1946, the President recommends in the Economic Report that the 

        goals for reducing unemployment set forth in section 4(b) of 

        such Act be achieved in a year after the close of the five-year 

        period prescribed by such subsection, the concurrent resolution 

        on the budget for the fiscal year beginning after the date on 

        which such Economic Report is received by the Congress may set 

        forth the year in which, in the opinion of the Congress, such 

        goals can be achieved.

          (2) After the Congress has expressed its opinion pursuant to 

        paragraph (1) as to the year in which the goals for reducing 

        unemployment set forth in section 4(b) of the Employment Act of 

        1946 can be achieved, if, pursuant to section 4(e) of such Act, 

        the President recommends in the Economic Report that such goals 

        be achieved in a year which is different from the year in which 

        the Congress has expressed its opinion that such goals should be 

        achieved, either in its action pursuant to paragraph (1) or in 

        its most recent action pursuant to this paragraph, the 

        concurrent resolution on the budget for the fiscal year 

        beginning after the date on which such Economic Report is 

        received by the Congress may set forth the year in which, in the 

        opinion of the Congress, such goals can be achieved.

          (3) It shall be in order to amend the provision of such 

        resolution setting forth such year only if the amendment thereto 


[[Page 1026]]

        also proposes to alter the esti

        mates, amounts, and levels (as described in subsection (a)) set 

        forth in such resolution in germane fashion in order to be 

        consistent with the economic goals (as described in sections 

        3(a)(2) and (4)(b) of the Employment Act of 1946) which such 

        amendment proposes can be achieved by the year specified in such 


        amendment.

  (g) Economic Assumptions.--

          (1) It shall not be in order in the Senate to consider any 

        concurrent resolution on the budget for a fiscal year, or any 

        amendment thereto, or any conference report thereon, that sets 

        forth amounts and levels that are determined on the basis or 

        more than one set of economic and technical assumptions.

          (2) The joint explanatory statement accompanying a conference 

        report on a concurrent resolution on the budget shall set forth 

        the common economic assumptions upon which such joint statement 

        and conference report are based, or upon which any amendment 

        contained in the joint explanatory statement to be proposed by 

        the conferees in the case of technical disagreement, is based.

          (3) Subject to periodic reestimation based on changed economic 

        conditions or technical estimates, determinations under titles 

        III and IV of the Congressional Budget Act of 1974 shall be 

        based upon such common economic and technical assumptions.

  (h) Budget Committee's Consultation With Committees.--The Committee on 
the Budget of the House of Representatives shall consult with the 
committees of its House having legislative jurisdiction during the 
preparation, consideration, and enforcement of the concurrent resolution 
on the budget with respect to all matters which relate to the 
jurisdiction or functions of such committees.



[[Page 1027]]


  (i) Social Security Point of Order.--It shall not be in order in the 
Senate to consider any concurrent resolution on the budget (or 
amendment, motion, or conference report on the resolution) that would 
decrease the excess of social security revenues over social security 
outlays in any of the fiscal years covered by the concurrent resolution. 
No change in chapter 1 of the Internal Revenue Code of 1986 shall be 
treated as affecting the amount of social security revenues unless such 
provision changes the income tax treatment of social security benefits.

  The Balanced Budget and Emergency Deficit Control Act of 1985 (tit. 
II, P.L. 99-177) modified this portion of section 301 by: (1) inserting 
a new subsection on referral of budget resolutions to the Rules 
Committee; (2) amending and redesignating existing subsections (c), (d), 
and (e) as (d), (e), and (f), respectively; and (3) adding new 
subsections (g) (which was amended by Public Law 100-119) and (h). It 
also added a former subsection (i), which precluded consideration of a 
concurrent resolution on the budget exceeding the pertinent maximum 
deficit amount absent a three-fifths vote. That point of order was 
amended by Public Law 100-119 and was eliminated by the Budget 
Enforcement Act of 1990 (tit. XIII, P.L. 101-508). The Omnibus Trade and 
Competitiveness Act of 1988 (P.L. 100-418) added paragraph (10) to 
subsection (e), effective only for fiscal years 1989 through 1992. 
Previously, the Full Employment and Balanced Growth Act of 1978 (P.L. 
95-523) amended this section by: (1) adding a new paragraph (6) to 
subsection (a) and redesignating the succeeding paragraph (both of which 
were later repealed by P.L. 99-177); (2) adding a new second sentence to 
subsection (c) (now contained in subsection (d)); and (3) adding a new 
subsection (e) (now designated as (f)), relating to the review of the 
Economic Report as part of the congressional budget process, and 
allowing the inclusion in the budget resolution of a timetable for 
achieving unemployment goals under the Employment Act of 1946. The last 
sentence of subsection (d) was added by the Unfunded Mandates Reform Act 
of 1995 (sec. 102(2), P.L. 104-4; 109 Stat. 62). The Social Security 
point of order contained in paragraph (i) was added by the Budget 
Enforcement Act of 1990 (tit. XIII, P.L. 101-508) and later expanded by 
the Budget Enforcement Act of 1997 (sec. 10105, P.L. 105-33).

  The House and Senate completed final action on the first concurrent 
resolution on the budget considered under the Congressional Budget Act 
by adopting a conference report thereon on May 14, 1975 (p. 14329). That 
concurrent resolution contained aggregate figures only for revenues, 
budget authority, budget outlays, deficit and public debt, because the 
Budget Committee had not implemented the functional categories 
provisions of the Act for fiscal year 1976.


  On May 13, 1976, the House and Senate completed final action on the 
first concurrent resolution for fiscal year 1977, the first year of full 
implementation of title III of the Congressional Budget Act (p. 13776).


                          committee allocations

  Sec. 302. (a) Committee Spending Allocations.--

          (1) Allocation among committees.--The joint explanatory 

        statement accompanying a conference report on a concurrent 

        resolution on the budget shall include an allocation, consistent 

        with the resolution recommended in the conference report, of the 

        levels for the first fiscal year of the resolution, for at least 


[[Page 1028]]

        each of the ensuing 4 fiscal years, and a total for that pe

        riod of fiscal years (except in the case of the Committee on 

        Appropriations only for the fiscal year of that resolution) of--

                  (A) total new budget authority; and

                  (B) total outlays;

        among each committee of the House of Representatives or the 

        Senate that has jurisdiction over legislation providing or 

        creating such amounts.

          (2) No double counting.--In the House of Representatives, any 

        item allocated to one committee may not be allocated to another 

        committee.

          (3) Further division of amounts.--

                  (A) In the senate.--In the Senate, the amount 

                allocated to the Committee on Appropriations shall be 

                further divided among the categories specified in 

                section 250(c)(4) of the Balanced Budget and Emergency 

                Deficit Control Act of 1985 and shall not exceed the 

                limits for each category set forth in section 251(c) of 

                that Act.

                  (B) In the house.--In the House of Representatives, 

                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 shall be 

                further divided--

                        (i) between discretionary and mandatory amounts 

                    or programs, as appropriate; and

                        (ii) consistent with the categories specified in 

                    section 250(c)(4) of the Balanced Budget and 

                    Emergency Deficit Control Act of 1985.

          (4) Amounts not allocated.--In the House of Representatives or 

        the Senate, if a committee receives no allocation of new budget 

        authority or outlays, that committee shall be deemed to have 

        received an allocation equal to zero for new budget authority or 

        outlays.

          (5) Adjusting allocation of discretionary spending in the 

        house of representatives.--(A) If a concurrent resolution on the 

        budget is not adopted by April 15, the chairman of the Committee 

        on the Budget of the House of Representatives shall submit to 

        the House, as soon as practicable, an allocation under paragraph 

        (1) to the Committee on Appropriations consistent with the 


[[Page 1029]]

        discretionary spending levels

        in the most recently agreed to concurrent resolution on the 

        budget for the appropriate fiscal year covered by that 

        resolution.

          (B) As soon as practicable after an allocation under paragraph 

        (1) is submitted under this section, the Committee on 

        Appropriations shall make suballocations and report those 


        suballocations to the House of Representatives.


  (b) Suballocations by Appropriations Committees.--As soon as 
practicable after a concurrent resolution on the budget 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) among 
its subcommittees. Each Committee on Appropriations shall promptly 
report to its House suballocations made or revised under this 
subsection. The Committee on Appropriations of the House of 
Representatives shall further divide among its subcommittees the 
divisions made under subsection (a)(3)(B) and promptly report those 
divisions to the House.


  (c) Point of Order.--After the Committee on Appropriations has 
received an allocation pursuant to subsection (a) for a fiscal year, it 
shall not be in order in the House of Representatives or the Senate to 
consider any bill, joint resolution, amendment, motion, or conference 
report within the jurisdiction of that committee providing new budget 
authority for that fiscal year, until that committee makes the 
suballocations required by subsection (b).


  (d) Subsequent Concurrent Resolutions.--In the case of a concurrent 
resolution on the budget referred to in section 304, the allocations 
under subsection (a) and the subdivisions under subsection (b) shall be 
required only to the extent necessary to take into account revisions 
made in the most recently agreed to concurrent resolution on the budget.


  (e) Alteration of Allocations.--At any time after a committee reports 
the allocations required to be made under subsection (b), such committee 
may report to its House an alteration of such allocations. Any 
alteration of such allocations must be consistent with any actions 
already taken by its House on legislation within the committee's 
jurisdiction.


[[Page 1030]]

  (f) Legislation Subject to Point of Order.--

          (1) In the house of representatives.--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, or 

        amendment providing new budget authority for any fiscal year, or 

        any conference report on any such bill or joint resolution, if--

                  (A) the enactment of such bill or resolution as 

                reported;

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

                  (C) the enactment of such bill or resolution in the 

                form recommended in such conference report,

        would cause the applicable allocation of new budget authority 

        made under subsection (a) or (b) for the first fiscal year or 

        the total of fiscal years to be exceeded.

          (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 would cause--

                  (A) in the case of any committee except the Committee 

                on Appropriations, the applicable allocation of new 

                budget authority or outlays under subsection (a) for the 

                first fiscal year or the total of fiscal years to be 

                exceeded; or

                  (B) in the case of the Committee on Appropriations, 

                the applicable suballocation of new budget authority or 


                outlays under subsection (b) to be exceeded.

  (g) Pay-as-You-Go Exception in the House.--

          (1) In general.--(A) Subsection (f)(1) and, after April 15, 

        section 303(a) shall not apply to any bill or joint resolution, 

        as reported, amendment thereto, or conference report thereon if, 

        for each fiscal year covered by the most recently agreed to 

        concurrent resolution on the budget--

                  (i) the enactment of that bill or resolution as 

                reported;

                  (ii) the adoption and enactment of that amendment; or

                  (iii) the enactment of that bill or resolution in the 

                form recommended in that conference report,

        would not increase the deficit, and, if the sum of any revenue 

        increases provided in legislation already enacted during the 


[[Page 1031]]

        current session (when added to rev

        enue 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.

          (B) Section 311(a), as that section applies to revenues, 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--

                  (i) the enactment of that bill or resolution as 

                reported;

                  (ii) the adoption and enactment of that amendment; or

                  (iii) the enactment of that bill or resolution in the 

                form recommended in that conference report,

        would not increase the deficit, and, if the sum of any outlay 

        reductions provided in legislation already enacted during the 

        current session (when added to outlay reductions, if any, in 

        excess of any revenue reduction 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 

        outlays should be reduced as required by that concurrent 

        resolution and the amount, if any, by which outlays are to be 

        reduced 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 subsection (f)(1) but for 

        the exception provided in paragraph (1)(A) or would have been 

        subject to a point of order under section 311(a) but for the 

        exception provided in paragraph (1)(B), the chairman of the 

        Committee on the Budget of the House of Representatives shall 

        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 


[[Page 1032]]

        allocations, functional levels, and

        budget aggregates contained in the most recently agreed to 


        concurrent resolution on the budget.

  Section 302 was amended by the Balanced Budget and Emergency Deficit 
Control Act of 1985 (tit. II, P.L. 99-177) to: (1) add appropriate 
levels of total entitlement authority and total credit authority to the 
allocations required by subsection (a), with all levels further divided 
into mandatory and discretionary amounts; (2) add new credit authority 
to the subdivisions required of the Appropriations Committees by 
subsection (b)(1); (3) redesignate subsection (c) as (d); and (4) add 
new subsections (c), (e), (f), and (g). The Budget Enforcement Act of 
1990 (tit. XIII, P.L. 101-508) removed credit authority from the purview 
of points of order under this section by deleting all references to 
credit authority in subsections (a), (b), (c), and (f), effective for 
fiscal years beginning after September 30, 1991. That law also amended 
subsections (c) and (f) to standardize their application to bills, joint 
resolutions, amendments, motions, or conference reports. Section 302 was 
further amended by the Budget Enforcement Act of 1997 (sec. 10106, P.L. 
105-33) to: (1) permanently extend the requirement that allocations to 
the authorizing committees cover at least a five-year period and to 
revert the temporary allocations under former section 602 into section 
302; (2) permit a further allocation among defense, nondefense, and 
violent crime reduction funding; (3) modify the Appropriation 
Committee's default allocation; and (4) clarify the Appropriation 
Committee's suballocations to its subcommittees.

  Clause 8 of rule XXI, adopted in the 110th Congress, provides that 
points of order under title III of the Budget Act apply to unreported 
measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 
2007)). Previously, a point of order under section 302(f) operated with 
respect to a bill or joint resolution in its reported state and thus did 
not lie against consideration of an unreported measure (Mar. 21, 1995, 
p. 8491). The budget resolution deemed in place for fiscal year 2005 
provided that, for purposes of titles II and III of the Budget Act, the 
term ``amendment'' or ``amendment thereto'' means an amendment offered 
or an amendment made in order as original text or considered as adopted 
by special order of the House (sec. 406, S. Con. Res. 95, 108th Cong., 
May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May 19, 2004, 
p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. _.


[[Page 1033]]

had not reported section 302(b) suballocations (Jan. 8, 2003, p. 225; 
Jan. 28, 2003, p. 2009 (both sustained by tabling of appeal)).
  Points of order under section 302(c) apply separately to the 
consideration of bills and amendments, and thus a waiver of points of 
order against consideration of an appropriation bill before the filing 
of a report from the Appropriations Committee allocating new budget 
authority among its subcommittees does not extend to an amendment 
providing new budget authority in addition to the amounts contained in 
the bill (July 13, 1987, p. 19514). Where the House deemed the adoption 
of section 302(a) allocations for the 108th Congress (sec. 3, H. Res. 5, 
Jan. 7, 2003, p. 10), the Chair sustained a point of order under section 
302(c) against an amendment providing new budget authority where the 
Appropriations Committee

  By way of example, the Chair has held the following as providing new 
budget authority in excess of the relevant allocations under section 
302(a), as authoritatively estimated by the Budget Committee pursuant to 
section 312(a), in violation of section 302(f): (1) a motion to recommit 
a bill establishing a Medicare prescription drug benefit program with 
instructions to report forthwith an amendment in the nature of 
substitute containing a different program (sustained by tabling of 
appeal) (June 28, 2000, pp. 12736, 12751); (2) an amendment extending 
eligibility for Foster Care Maintenance Payments to a new class (Sept. 
14, 2005, p. _); (3) an amendment delaying the imposition of a monetary 
penalty resulting in a loss of offsetting receipts (July 18, 1991, p. 
18860).

  An amendment that proposes offsetting increases and decreases in new 
budget authority is not subject to a point of order under section 302(f) 
(May 9, 1995, p. 12175). Amendments to an appropriation bill making a 
series of figure changes intended to offset one another and considered 
en bloc are subject to points of order under section 302(f) where the 
intended reductions in new discretionary budget authority fail to offset 
increases in such authority, so that the net effect of the amendments is 
to cause the bill to exceed the appropriate allocation of new 
discretionary budget authority made pursuant to section 302(b) for the 
fiscal year (July 30, 1986, p. 18154).

  Where a Senate amendment proposed to increase certain loan guarantees 
that were estimated by the Budget Committee to breach the subcommittee 
subdivision of new credit authority (as then required by this section), 
the Chair sustained a point of order under section 302(f) against a 
motion to concur therein (Oct. 20, 1990, p. 31517).


[[Page 1034]]

pursuant to section 312(a) to determine whether an amendment to a 
general appropriation bill provides new budget authority in excess of 
the relevant allocation under section 302(b) in violation of section 
302(f) (e.g., June 8, 2000, pp. 9942, 9943; June 12, 2000, pp. 10377, 
10378; Apr. 2, 2004, p. _).
  Where a limitation on funds in a general appropriation bill was 
estimated under former section 302(g) (current section 312(a)) to 
provide negative new budget authority in an amount sufficient to avoid a 
breach of the pertinent allocation of such authority, an amendment 
striking the limitation from the bill was held to provide new budget 
authority causing such a breach, in violation of section 302(f) (June 
26, 1991, p. 16474; June 13, 2000, p. 10501). An amendment proposing to 
strike from a general appropriation bill a proviso stating that a 
specified increment of new discretionary budget authority ostensibly 
provided by the bill would ``become available for obligation only upon 
the enactment of future appropriations legislation'' was held to cause 
the bill to provide additional new discretionary budget authority in 
that incremental amount, in breach of the pertinent allocation under 
sections 302 and 602, and therefore in violation of section 302(f) (June 
26, 1996, p. 15563). An amendment proposing to strike from a general 
appropriation bill a rescission scored as negative budget authority was 
held to provide new budget authority in excess of the relevant 
allocation under section 302(b) (June 20, 2001, pp. 11248, 11249). The 
Chair relies on authoritative estimates from the Budget Committee

  For a point of order against the motion to rise and report an 
appropriation bill to the House where the bill, as proposed to be 
amended, exceeds an applicable allocation of new budget authority under 
section 302(b) of the Congressional Budget Act of 1974, and procedures 
in the Committee of the Whole in the event that the point of order is 
sustained, see Sec. 1044b, infra.


[[Page 1035]]

  The 104th Congress authorized the chair of the Budget Committee to 
revise existing allocations under this section among committees of the 
House to reflect changes in jurisdiction under clause 1 of rule X and to 
publish the revised allocations in the Congressional Record, to the end 
that the revised allocations be effective in the House as though made 
pursuant to sections 302(a) and 602(a) of the Congressional Budget Act 
of 1974 (sec. 202(c), H. Res. 6, Jan. 4, 1995, p. 467). The House has 
adopted resolutions to deem budget resolutions, or portions thereof, to 
be in place for temporary enforcement (H. Res. 231, July 24, 1985, p. 
20181; H. Res. 413, June 19, 1990, p. 14612; H. Res. 477, June 19, 1998, 
p. 12991; sec. 2(a), H. Res. 5, Jan. 6, 1999, p. 47; H. Res. 428, May 
22, 2002, pp. 8675, 8676; sec. 3(a)(4), H. Res. 5, Jan. 7, 2003, p. 10; 
H. Res. 649, May 19, 2004, p. _; sec. 3(a)(4), H. Res. 5, Jan. 4, 2005, 
p. _; sec. 2(a), H. Res. 818, May 18, 2006, p. _; sec. 511(a)(4), H. 
Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)). The budget 
resolution deemed adopted for fiscal year 2003 established a reserve 
fund in the House to support an extra allocation for propositions 
providing for specified increases in obligation levels for highway 
spending, with a special application of section 302(f) to enforce levels 
of outlays (as well as budget authority) in that area, and provided for 
a separate, exclusive section 302(a) allocation for medicare spending 
(on one-year and 10-year bases) (sec. 204, H. Con. Res. 353, 107th 
Cong., deemed in place by H. Res. 428, 107th Cong., May 22, 2002, pp. 
8675, 8676, and by sec. 3, H. Res. 5, 108th Cong., Jan. 7, 2003, p. 10). 
The special allocation for surface transportation was carried in the 
budget resolution for fiscal year 2004 (sec. 501, H. Con. Res. 95, 108th 
Cong.) and in the budget resolution deemed in place for fiscal year 2005 
(sec. 401, S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in place 
by H. Res. 649, 108th Cong., May 19, 2004, p. _, and by sec. 3(a)(4), H. 
Res. 5, 109th Cong., Jan. 4, 2005, p. _). Budget resolutions have 
established reserve funds in the House to support extra allocations for 
various propositions covering a broad range of subjects (e.g., secs. 
201-220, S. Con. Res. 70, 110th Cong.).

   concurrent resolution on the budget must be adopted before budget-


                    related legislation is considered

  Sec. 303. (a) In General.--Until the concurrent resolution on the 
budget for a fiscal year has been agreed to, it shall not be in order in 
the House of Representatives, with respect to the first fiscal year 
covered by that resolution, or the Senate, with respect to any fiscal 
year covered by that resolution, to consider any bill or joint 
resolution, amendment or motion thereto, or conference report thereon 
that--

          (1) first provides new budget authority for that fiscal year;

          (2) first provides an increase or decrease in revenues during 

        that fiscal year;

          (3) provides an increase or decrease in the public debt limit 

        to become effective during that fiscal year;

          (4) in the Senate only, first provides new entitlement 

        authority for that fiscal year; or

          (5) in the Senate only, first provides for an increase or 

        decrease in outlays for that fiscal year.

  (b) Exceptions in the House.--In the House of Representatives, 
subsection (a) does not apply--

          (1)(A) to any bill or joint resolution, as reported, providing 

        advance discretionary new budget authority that first becomes 

        available for the first or second fiscal year after the budget 

        year; or

          (B) to any bill or joint resolution, as reported, first 

        increasing or decreasing revenues in a fiscal year following the 

        fiscal year to which the concurrent resolution applies;

          (2) after May 15, to any general appropriation bill or 

        amendment thereto; or

          (3) to any bill or joint resolution unless it is reported by a 

        committee.

  (c) Application to Appropriation Measures in the Senate.--

          (1) In general.--Until the concurrent resolution on the budget 

        for a fiscal year has been agreed to and an allocation has been 

        made to the Committee on Appropriations of the Senate under 

        section 302(a) for that year, it shall not be in order in the 

        Senate to consider any appropriation bill or joint resolution, 

        amendment or motion thereto, or conference report thereon for 

        that year or any subsequent year.

          (2) Exception.--Paragraph (1) does not apply to appropriations 


[[Page 1036]]

        legislation making advance appropria

        tions for the first or second fiscal year after the year the 


        allocation referred to in that paragraph is made.

  The Balanced Budget and Emergency Deficit Control Act of 1985 (tit. 
II, P.L. 99-177) amended subsection 303(a) by: (1) adding the phrase 
``as reported to the House or Senate''; (2) modifying paragraph (4) to 
apply to new entitlement authority; and (3) adding a paragraph (5) 
relating to new credit authority. The same law amended subsection (b) by 
adding the May 15th exception for general appropriation bills. The 
Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended 
subsection (a) to standardize its application to bills, joint 
resolutions, amendments, motions, and conference reports, and by 
deleting the reference in paragraph (5) to new credit authority. That 
law also subdivided subsection (b) into paragraphs relating to 
exceptions in the House and Senate. Section 303 was rewritten by the 
Budget Enforcement Act of 1997 (sec. 10107, P.L. 105-33) to simplify the 
section, drop obsolete provisions, make certain conforming changes, and 
eliminate references to ``new entitlement authority'' in the House and 
``new credit authority.''

  Clause 8 of rule XXI, adopted in the 110th Congress, provides that 
points of order under title III of the Budget Act apply to unreported 
measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 
2007)). Previously, a point of order under section 303(a) operated with 
respect to a bill or joint resolution in its reported state and thus did 
not lie against consideration of an unreported measure (Mar. 21, 1995, 
p. 8491), although it did lie against consideration of an amendment to 
an unreported measure (July 24, 1998, p. 17278). The budget resolution 
deemed in place for fiscal year 2005 provided that, for purposes of 
titles II and III of the Budget Act, the term ``amendment'' or 
``amendment thereto'' means an amendment offered or an amendment made in 
order as original text or considered as adopted by special order of the 
House (sec. 406, S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in 
place by H. Res. 649, 108th Cong., May 19, 2004, p. _, and by sec. 
3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. _).


[[Page 1037]]

against the pending bill but not against amendments (Aug. 1, 1984, p. 
21871; July 17, 1985, pp. 19435, 19463 (amendment contained in motion to 
recommit with instructions)).
  A conference report containing revenue-sharing provisions in the form 
of new entitlement authority as described in section 401(c)(2)(C) of the 
Budget Act to become effective in fiscal years 1978 through 1980 in 
amounts greater than the amount in fiscal year 1977 was ruled out on a 
point of order under section 303(a), because the first concurrent 
resolution on the budget for those future fiscal years had not yet been 
adopted and the increased entitlements could not be considered mere 
continuations of entitlement authority that became effective in fiscal 
year 1977 (for which a concurrent resolution had been adopted), and 
because the section 303(b) exception permitting certain advance budget 
authority does not apply in the case of new entitlement authority 
(Speaker Albert, Sept. 30, 1976, p. 34074). An amendment providing new 
budget authority for a fiscal year before adoption of a budget 
resolution for that year was held to violate section 303, where points 
of order under that section had been waived

  To a bill providing eligibility for certain entitlement benefits to 
become effective in the fiscal year for which a budget resolution had 
been adopted, an amendment allowing a deduction in computing household 
income to determine eligibility effective in the next following fiscal 
year, to reflect changes in shelter and utility costs, was ruled out as 
providing new entitlement authority to become effective in a fiscal year 
for which a concurrent resolution on the budget had not been adopted, in 
violation of section 303(a)(4) (July 27, 1977, p. 25222).

  To a bill partially replacing an existing mandatory student loan 
(entitlement) program with a new discretionary program, an amendment 
reducing the discretionary program and commensurately restoring the 
mandatory program was held to violate section 303(a) by providing new 
entitlement authority for the ensuing fiscal year before the adoption of 
a concurrent resolution on the budget for that fiscal year (Mar. 26, 
1992, p. 7173). Amendments enlarging the class of persons eligible for, 
or increasing the amount of, a Government subsidy (lower interest 
payments on student loans) have been held to violate section 303(a) by 
providing new entitlement authority for the ensuing fiscal year before 
the adoption of a concurrent resolution on the budget for that fiscal 
year (Mar. 26, 1992, pp. 7184, 7186, 7227, 7231, 7236).

  An amendment repealing an agricultural marketing (entitlement) program 
for peanuts over a five-year period was nevertheless held to provide new 
budget authority for the ensuing fiscal year before the adoption of the 
budget resolution for that year, in violation of section 303(a), where 
the Chair was persuaded by estimates from the Congressional Budget 
Office that economic conditions under that repeal would result in 
decreased receipts and increased Federal outlays during that first 
fiscal year (July 25, 1990, p. 19155).

  An amendment imposing fees on generated electric energy, to be 
deposited in a trust fund, and effective in the ensuing fiscal year, was 
held to violate section 303(a) by increasing revenues effective in the 
ensuing fiscal year, for which a budget resolution had yet to be adopted 
(July 23, 1985, p. 20041). An amendment striking a revenue provision in 
a pending unreported bill and proposing to insert an alternative revenue 
provision was held to violate section 303(a) (July 24, 1998, p. 17278).


[[Page 1038]]

adoption in May of the first concurrent resolution on the budget for 
fiscal year 1977. But the Senate in the 95th Congress overruled a 
decision of its presiding officer holding that the section 303(b) 
exemption ceased to apply after the beginning of the fiscal year 
preceding the fiscal year for which revenue changes were proposed (Oct. 
5, 1978, pp. 33945-50).
  The Budget Committee of the House determined, as stated in its second 
report on the implementation of congressional budget procedures for 
fiscal year 1976 (H. Rept. No. 94-457, Oct. 8, 1975), that the section 
303(b) exemption for certain advance budget or revenue authority ceases 
to apply with the beginning of the fiscal year in question. Therefore, 
on or after October 1, 1975, the beginning of fiscal year 1976, budget 
authority or revenue measures to become effective in fiscal year 1977, 
could no longer be considered under the 303(b) exception but would have 
to await the final

  In the 106th through 111th Congresses, the House adopted an order to 
enforce a 303(a) point of order against a reported bill or joint 
resolution considered under a special order of business on the basis of 
text made in order as original text (sec. 2(a)(3), H. Res. 5, Jan. 6, 
1999, p. 47; sec. 3(b)(2), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(2), 
H. Res. 5, Jan. 7, 2003, p. 10; sec. 3(a)(2), H. Res. 5, Jan. 4, 2005, 
p. _; sec. 511(a)(2), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 
2007); sec. 3(a)(2), H. Res. 5, Jan. 6, 2009, p. _).


  The House has adopted resolutions to deem budget resolutions, or 
portions thereof, to be in place for temporary enforcement (July 24, 
1985, p. 20181; June 19, 1990, p. 14612; June 19, 1998, p. 12991; sec. 
2(a)(1), H. Res. 5, Jan. 6, 1999, p. 47; May 22, 2002, pp. 8675, 8676; 
sec. 3(a)(4), H. Res. 5, Jan. 7, 2003, p. 10; May 19, 2004, p. _; sec. 
3(a)(4), H. Res. 5, Jan. 4, 2005, p. _; May 18, 2006, p. _; sec. 
511(a)(4), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)).


      permissible revisions of concurrent resolutions on the budget


  Sec. 304. At any time after the concurrent resolution on the budget 
for a fiscal year has been agreed to pursuant to section 301, and before 
the end of such fiscal year, the two Houses may adopt a concurrent 
resolution on the budget which revises or reaffirms the concurrent 
resolution on the budget for such fiscal year most recently agreed to.


 provisions relating to the consideration of concurrent resolutions on 
  The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) deleted a 
subsection (b), relating to maximum deficit amount requirements for 
revised budget resolutions, that had been added by the Balanced Budget 
and Emergency Deficit Control Act of 1985 (tit. II, P.L. 99-177), and 
redesignated the subsection on economic assumptions, originally added by 
Public Law 100-119, as (b). The latter subsection (b) was deleted by the 
Budget Enforcement Act of 1997 (sec. 10108, P.L. 105-33).


                               the budget

  Sec. 305. (a) Procedure in House of Representatives After Report of 
Committee; Debate.--

          (1) When a concurrent resolution on the budget has been 

        reported by the Committee on the Budget of the House of 

        Representatives and has been referred to the appropriate 


[[Page 1039]]

        calendar of the House, it shall be in order

        on any day thereafter, subject to clause 2(l)(6) of rule XI of 

        the Rules of the House of Representatives, to move to proceed to 

        the consideration of the concurrent resolution. The motion is 

        highly privileged and is not debatable. An amendment to the 

        motion is not in order and it is not in order to move to 

        reconsider the vote by which the motion is agreed to or 

        disagreed to.

          (2) General debate on any concurrent resolution on the budget 

        in the House of Representatives shall be limited to not more 

        than 10 hours, which shall be divided equally between the 

        majority and minority parties, plus such additional hours of 

        debate as are consumed pursuant to paragraph (3). A motion 

        further to limit debate is not debatable. A motion to recommit 

        the concurrent resolution is not in order, and it is not in 

        order to move to reconsider the vote by which the concurrent 

        resolution is agreed to or disagreed to.

          (3) Following the presentation of opening statements on the 

        concurrent resolution on the budget for a fiscal year by the 

        chairman and ranking minority member of the Committee on the 

        Budget of the House, there shall be a period of up to four hours 

        for debate on economic goals and policies.

          (4) Only if a concurrent resolution on the budget reported by 

        the Committee on the Budget of the House sets forth the economic 

        goals (as described in sections 3(a)(2) and (4)(b) of the Full 

        Employment Act of 1946) which the estimates, amounts, and levels 

        (as described in section 301(a)) set forth in such resolution 

        are designed to achieve, shall it be in order to offer to such 

        resolution an amendment relating to such goals, and such 

        amendment shall be in order only if it also proposes to alter 

        such estimates, amounts, and levels in germane fashion in order 

        to be consistent with the goals proposed in such amendment.

          (5) Consideration of any concurrent resolution on the budget 

        by the House of Representatives shall be in the Committee of the 

        Whole, and the resolution shall be considered for amendment 

        under the five-minute rule in accordance with the applicable 

        provisions of rule XXIII of the Rules of the House of 

        Representatives. After the Committee rises and reports the 

        resolution back to the House, the previous question shall be 

        considered as ordered on the resolution and any amendments 

        thereto to final passage without intervening motion; except that 


[[Page 1040]]

        it shall be in order at

        any time prior to final passage (notwithstanding any other rule 

        or provision of law) to adopt an amendment (or a series of 

        amendments) changing any figure or figures in the resolution as 

        so reported to the extent necessary to achieve mathematical 

        consistency.

          (6) Debate in the House of Representatives on the conference 

        report on any concurrent resolution on the budget shall be 

        limited to not more than 5 hours, which shall be divided equally 

        between the majority and minority parties. A motion further to 

        limit debate is not debatable. A motion to recommit the 

        conference report is not in order, and it is not in order to 

        move to reconsider the vote by which the conference report is 

        agreed to or disagreed to.

          (7) Appeals from decisions of the Chair relating to the 

        application of the Rules of the House of Representatives to the 

        procedure relating to any concurrent resolution on the budget 


        shall be decided without debate.

  The Balanced Budget and Emergency Deficit Control Act of 1985 (tit. 
II, P.L. 99-177) amended section 305 in several places, with the most 
important changes being the reduction in the availability requirement 
for the committee report on a budget resolution to five days (from 10) 
and the addition of a one-day availability requirement for any report 
thereon from the Rules Committee. The Full Employment and Balanced 
Growth Act of 1978 (P.L. 95-523) amended this subsection by adding 
subparagraphs (3) and (4) and making conforming changes relating to 
debate and amendments on economic goals and policies during 
consideration of the first concurrent resolution on the budget in the 
House. A similar addition relating to Senate procedure was made in 
subparagraphs (3) and (4). The Budget Enforcement Act of 1997 (sec. 
10109, P.L. 105-33) amended section 305(a)(1) to provide a three-day 
layover requirement for the concurrent resolution on the budget.


[[Page 1041]]

the chair of the Budget Committee offered a ``mathematical consistency'' 
amendment in Committee of the Whole, rather than in the House (Apr. 29, 
1976, p. 11916).
  General debate on economic goals and policies under subsection (a)(3) 
must be confined to that subject (Apr. 23, 1980, p. 8815). Clause 10 of 
rule XVIII (former clause 8 of rule XXVIII), as added in the 95th 
Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) requires that any 
concurrent resolution on the budget (consisting of both aggregate totals 
and functional categories) be considered as read and open to amendment 
at any point, and unanimous consent is required to read such a 
concurrent resolution by section in order to allow amendments to 
aggregates to be considered before amendments to functional categories 
(May 2, 1978, pp. 12074, 12075). Clause 10 of rule XVIII (former clause 
8 of rule XXIII) was further amended in the 96th Congress (H. Res. 5, 
Jan. 15, 1979, pp. 7-16) to require that amendments to budget 
resolutions achieve mathematical consistency and contain all the matter 
set forth in subsections 301(a)(1) through (5). On one occasion,

  A concurrent resolution on the budget is subject to a demand for a 
division of the question if, for example, the resolution grammatically 
and substantively relates to different fiscal years (May 7, 1980, pp. 
10185-87) or includes a separate, hortatory section having its own 
grammatical and substantive meaning (Mar. 5, 1992, p. 4675).

  Where a perfecting amendment changing several figures in a concurrent 
resolution on the budget was pending in Committee of the Whole, the 
Chair indicated that adoption of that amendment would preclude a further 
amendment merely changing those figures but would not preclude a more 
comprehensive amendment changing other (unamended) portions of the 
resolution (Apr. 28, 1976, p. 11599).

  Although under this paragraph there can be up to five hours of debate 
on a conference report on a concurrent resolution on the budget, where 
the conferees report in total disagreement, debate on the motion to 
dispose of the amendment in disagreement is under the ``hour rule'' and 
is equally divided and controlled between the majority and minority 
parties under clause 8(d) of rule XXII (former clause 2 of rule XXVIII) 
(May 13, 1976, p. 13756; Sept. 16, 1976, p. 30182).

  A concurrent resolution on the budget providing for the production of 
three separate reconciliation bills, including a reconciliation bill 
that lowers revenues, is privileged in the Senate under section 305(b) 
(May 21, 1996, pp. 11937-41).


  In the 96th Congress, for the first time, the Rules Committee reported 
and the House adopted a special order permitting only certain designated 
amendments to be offered to a concurrent resolution on the budget (H. 
Res. 642, Apr. 23, 1980, p. 8789). The House has adopted similar 
``modified-closed rules'' for the consideration of concurrent 
resolutions on the budget in each subsequent Congress. In the 98th 
Congress, a special order (H. Res. 144, Mar. 22, 1983, p. 6503) waiving 
the existing 10-day layover requirement of section 305(a)(1) was 
construed not to have waived the separate three-day layover requirement 
of clause 4 of rule XIII (former clause 2(l)(6) of rule XI, amended in 
the 102d Congress (H. Res. 5, Jan. 3, 1991, p. 39) to conform to the 
five-day layover requirement of this section). The House has adopted 
resolutions to deem budget resolutions, or portions thereof, to be in 
place for temporary enforcement (July 24, 1985, p. 20181; June 19, 1990, 
p. 14612; June 19, 1998, p. 12991; sec. 2(a)(1), H. Res. 5, Jan. 6, 
1999, p. 47; May 22, 2002, pp. 8675, 8676; sec. 3(a)(4), H. Res. 5, Jan. 
7, 2003, p. 10; May 19, 2004, p. _; sec. 3(a)(4), H. Res. 5, 109th 
Cong., Jan. 4, 2005, p. _; May 18, 2006, p. _; sec. 511(a)(4), H. Res. 
6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)).


[[Page 1042]]

  (b) Procedure in Senate After Report of Committee; Debate; 
Amendments.--

          (1) Debate in the Senate on any concurrent resolution on the 

        budget, and all amendments thereto and debatable motions and 

        appeals in connection therewith, shall be limited to not more 

        than 50 hours, except that with respect to any concurrent 

        resolution referred to in section 304(a) all such debate shall 

        be limited to not more than 15 hours. The time shall be equally 

        divided between, and controlled by, the majority leader and the 

        minority leader or their designees.

          (2) Debate in the Senate on any amendment to a concurrent 

        resolution on the budget shall be limited to 2 hours, to be 

        equally divided between, and controlled by, the mover and the 

        manager of the concurrent resolution, and debate on any 

        amendment to an amendment, debatable motion, or appeal shall be 

        limited to 1 hour, to be equally divided between, and controlled 

        by, the mover and the manager of the concurrent resolution, 

        except that in the event the manager of the concurrent 

        resolution is in favor of any such amendment, motion, or appeal, 

        the time in opposition thereto shall be controlled by the 

        minority leader or his designee. No amendment that is not 

        germane to the provisions of such concurrent resolution shall be 

        received. Such leaders, or either of them, may, from the time 

        under their control on the passage of the concurrent resolution, 

        allot additional time to any Senator during the consideration of 

        any amendment, debatable motion, or appeal.

          (3) Following the presentation of opening statements on the 

        concurrent resolution on the budget for a fiscal year by the 

        chairman and ranking minority member of the Committee on the 

        Budget of the Senate, there shall be a period of up to four 

        hours for debate on economic goals and policies.

          (4) Subject to the other limitations of this Act, only if a 

        concurrent resolution on the budget reported by the Committee on 

        the Budget of the Senate sets forth the economic goals (as 

        described in sections 3(a)(2) and 4(b) of the Employment Act of 

        1946) which the estimates, amounts, and levels (as described in 

        section 301(a)) set forth in such resolution are designed to 

        achieve, shall it be in order to offer to such resolution an 

        amendment relating to such goals, and such amendment shall be in 

        order only if it also proposes to alter such estimates, amounts, 


[[Page 1043]]

        and levels in ger

        mane fashion in order to be consistent with the goals proposed 

        in such amendment.

          (5) A motion to further limit debate is not debatable. A 

        motion to recommit (except a motion to recommit with 

        instructions to report back within a specified number of days, 

        not to exceed 3, not counting any day on which the Senate is not 

        in session) is not in order. Debate on any such motion to 

        recommit shall be limited to 1 hour, to be equally divided 

        between, and controlled by, the mover and the manager of the 

        concurrent resolution.

          (6) Notwithstanding any other rule, an amendment or series of 

        amendments to a concurrent resolution on the budget proposed in 

        the Senate shall always be in order if such amendment or series 

        of amendments proposes to change any figure or figures then 

        contained in such concurrent resolution so as to make such 

        concurrent resolution mathematically consistent or so as to 


        maintain such consistency.

  (c) Action on Conference Reports in the Senate.--

          (1) A motion to proceed to the consideration of the conference 

        report on any concurrent resolution on the budget (or a 

        reconciliation bill or resolution) may be made even though a 

        previous motion to the same effect has been disagreed to.

          (2) During the consideration in the Senate of the conference 

        report (or a message between Houses) on any concurrent 

        resolution on the budget, and all amendments in disagreement, 

        and all amendments thereto, and debatable motions and appeals in 

        connection therewith, debate shall be limited to 10 hours, to be 

        equally divided between, and controlled by, the majority leader 

        and minority leader or their designees. Debate on any debatable 

        motion or appeal related to the conference report (or a message 

        between Houses) shall be limited to 1 hour, to be equally 

        divided between, and controlled by, the mover and the manager of 

        the conference report (or a message between Houses).

          (3) Should the conference report be defeated, debate on any 

        request for a new conference and the appointment of conferees 

        shall be limited to 1 hour, to be equally divided between, and 

        controlled by, the manager of the conference report and the 

        minority leader or his designee, and should any motion be made 


[[Page 1044]]

        to instruct the conferees before the conferees are named,

        debate on such motion shall be limited to one-half hour, to be 

        equally divided between, and controlled by, the mover and the 

        manager of the conference report. Debate on any amendment to any 

        such instructions shall be limited to 20 minutes, to be equally 

        divided between and controlled by the mover and the manager of 

        the conference report. In all cases when the manager of the 

        conference report is in favor of any motion, appeal, or 

        amendment, the time in opposition shall be under the control of 

        the minority leader or his designee.

          (4) In any case in which there are amendments in disagreement, 

        time on each amendment shall be limited to 30 minutes, to be 

        equally divided between, and controlled by, the manager of the 

        conference report and the minority leader or his designee. No 

        amendment that is not germane to the provisions of such 


        amendments shall be received.

  (d) Concurrent Resolution Must Be Consistent in the Senate.--It shall 
not be in order in the Senate to vote on the question of agreeing to--

          (1) a concurrent resolution on the budget unless the figures 

        then contained in such resolution are mathematically consistent; 

        or

          (2) a conference report on a concurrent resolution on the 

        budget unless the figures contained in such resolution, as 

        recommended in such conference report, are mathematically 


        consistent.


legislation dealing with congressional budget must be handled by budget 
  The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) deleted a 
subsection (d), which required action by budget conferees within seven 
days, and redesignated the succeeding subsection.


                               committees


  Sec. 306. No bill, resolution, amendment, motion, or conference 
report, dealing with any matter which is within the jurisdiction of the 
Committee on the Budget of either House shall be considered in that 
House unless it is a bill or resolution which has been reported by the 
Committee on the Budget of that House (or from the consideration of 
which such committee has been discharged) or unless it is an amendment 
to such a bill or resolution.


[[Page 1045]]

the House adopted orders construing the term ``resolution'' as ``joint 
resolution'' (sec. 3(b), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(1), 
H. Res. 5, Jan. 7, 2003, p. 10; sec. 3(a)(1), H. Res. 5, Jan. 4, 2005, 
p. _; sec. 511(a)(1), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 
2007); sec. 3(a)(1), H. Res. 5, Jan. 6, 2009, p. _). The 104th and 105th 
Congresses expanded the legislative jurisdiction of the Budget Committee 
(sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 463; sec. 5, H. Res. 5, Jan. 
7, 1997, p. 121). See clause 1(e) of rule X, supra.
  The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended 
this section by standardizing its application to any bill, resolution, 
amendment, motion, or conference report. In the 107th through 111th 
Congresses,

  A special order of business adopted by the House providing for 
consideration of an unreported concurrent resolution on the budget upon 
the Speaker's declaration that the House be resolved into the Committee 
of the Whole has the effect of discharging the Budget Committee when so 
announced by the Speaker, and need not contain the term ``discharge'' or 
waive points of order under this section, because the concurrent 
resolution is effectively discharged consistent with, and not in 
violation of, this section (Mar. 13, 1986, p. 4638).

  The following were held to violate this section: (1) an amendment 
directing that certain lease-purchase agreements be scored on an annual 
basis for budget purposes (July 19, 1999, p. 16615); and (2) an 
amendment designating an appropriation as ``emergency spending'' within 
the meaning of the budget-enforcement laws (Sept. 8, 1999, p. 20930).


  In the Senate, to an omnibus revenue bill reported from the Senate 
Committee on Finance containing certain tax credits, an amendment 
expressing the sense of Congress that under the Congressional Budget Act 
process the continuation of tax credits would be offset by reductions in 
Federal spending was held to violate section 306 and was ruled out of 
order (June 18, 1976, pp. 19089-97). In the Senate, to a bill making 
comprehensive amendments to the Social Security Act, an amendment 
removing social security trust funds from the ``unified budget'' and 
establishing separate aggregate and functional categories in all 
concurrent resolutions on the budget for social security trust funds was 
held to be a matter within the jurisdiction of the Senate Budget 
Committee and ruled out of order under section 306 (Mar. 22, 1983, p. 
6590).

  house committee action on all appropriation bills to be completed by 


                                 june 10


  Sec. 307. On or before June 10 of each year, the Committee on 
Appropriations of the House of Representatives shall report annual 
appropriation bills providing new budget authority under the 
jurisdiction of all of its subcommittees for the fiscal year which 
begins on October 1 of that year.


[[Page 1046]]

  This section was rewritten by the Balanced Budget and Emergency 
Deficit Control Act of 1985 (tit. II, P.L. 99-177) to establish June 
10th as the annual target date for completion of House committee action 
on all regular appropriation bills.


   reports, summaries, and projections of congressional budget actions

  Sec. 308. (a) Reports on Legislation Providing New Budget Authority or 
Providing an Increase or Decrease in Revenues or Tax Expenditures.--

          (1) Whenever a committee of either House reports to its House 

        a bill or joint resolution, or committee amendment thereto, 

        providing new budget authority (other than continuing 

        appropriations) or providing an increase or decrease in revenues 

        or tax expenditures for a fiscal year (or fiscal years), the 

        report accompanying that bill or joint resolution shall contain 

        a statement, or the committee shall make available such a 

        statement in the case of an approved committee amendment which 

        is not reported to its House, prepared after consultation with 

        the Director of the Congressional Budget Office--

                  (A) comparing the levels in such measure to the 

                appropriate allocations in the reports submitted under 

                section 302(b) for the most recently agreed to 

                concurrent resolution on the budget for such fiscal year 

                (or fiscal years);

                  (B) containing a projection by the Congressional 

                Budget Office of how such measure will affect the levels 

                of such budget authority, budget outlays, revenues, or 

                tax expenditures under existing law for such fiscal year 

                (or fiscal years) and each of the four ensuing fiscal 

                years, if timely submitted before such report is filed; 

                and

                  (C) containing an estimate by the Congressional Budget 

                Office of the level of new budget authority for 

                assistance to State and local governments provided by 

                such measure, if timely submitted before such report is 

                filed.

          (2) Whenever a conference report is filed in either House and 

        such conference report or any amendment reported in disagreement 

        or any amendment contained in the joint statement of managers to 

        be proposed by the conferees in the case of technical 

        disagreement on such bill or joint resolution provides new 

        budget authority (other than continuing appropriations) or 

        provides an increase or decrease in revenues for a fiscal year 

        (or fiscal years), the statement of managers accompanying such 

        conference report shall contain the information described in 

        paragraph (1), if available on a timely basis. If such 


[[Page 1047]]

        information

        is not available when the conference report is filed, the 

        committee shall make such information available to Members as 

        soon as practicable prior to the consideration of such 


        conference report.

  (b) Up-To-Date Tabulations of Congressional Budget Action.--

          (1) The Director of the Congressional Budget Office shall 

        issue to the committees of the House of Representatives and the 

        Senate reports on at least a monthly basis detailing and 

        tabulating the progress of congressional action on bills and 

        joint resolutions providing new budget authority or providing an 

        increase or decrease in revenues or tax expenditures for each 

        fiscal year covered by a concurrent resolution on the budget. 

        Such reports shall include but are not limited to an up-to-date 

        tabulation comparing the appropriate aggregate and functional 

        levels (including outlays) included in the most recently adopted 

        concurrent resolution on the budget with the levels provided in 

        bills and joint resolutions reported by committees or adopted by 

        either House or by the Congress, and with the levels provided by 

        law for the fiscal year preceding the first fiscal year covered 

        by the appropriate concurrent resolution.

          (2) The Committee on the Budget of each House shall make 

        available to Members of its House summary budget scorekeeping 

        reports. Such reports--

                  (A) shall be made available on at least a monthly 

                basis, but in any case frequently enough to provide 

                Members of each House an accurate representation of the 

                current status of congressional consideration of the 

                budget;

                  (B) shall include, but are not limited to summaries of 

                tabulations provided under subsection (b)(1); and

                  (C) shall be based on information provided under 


                subsection (b)(1) without substantive revision.
The chairman of the Committee on the Budget of the House of 
Representatives shall submit such reports to the Speaker.


[[Page 1048]]

  (c) Five-Year Projection of Congressional Budget Act.--As soon as 
practicable after the beginning of each fiscal year, the Director of the 
Congressional Budget Office shall issue a report projecting for the 
period of 5 fiscal years beginning with such fiscal year--

          (1) total new budget authority and total budget outlays for 

        each fiscal year in such period;

          (2) revenues to be received and the major sources thereof, and 

        the surplus or deficit, if any, for each fiscal year in such 

        period;

          (3) tax expenditures for each fiscal year in such period; and


          (4) entitlement authority for each fiscal year in such period.

  The Balanced Budget and Emergency Deficit Control Act of 1985 (tit. 
II, P.L. 99-177) expanded the scope of subsection (a) to apply not only 
to reports on legislation providing budget authority and tax 
expenditures but also to reports on legislation providing new spending 
authority, new credit authority, and changes in revenues. That law also 
added the requirement that the same information be available to Members 
before consideration of conference reports or amendments in disagreement 
on such legislation, as well as subsections (b) and (c). The Budget 
Enforcement Act of 1990 (tit. XIII, P.L. 101-508) made conforming 
changes to subsections (a) and (b) to reflect the advent of five-year 
budget resolutions. Certain technical and conforming changes were made 
to this section by the Budget Enforcement Act of 1997 (sec. 10110, P.L. 
105-33).


  Section 308(a)(1) does not apply either to the consideration or to the 
adoption of a special order reported from the Rules Committee ``self-
executing'' the adoption in the House of an amendment providing new 
budget authority, because the amendment is not separately before the 
House during consideration of the special order (but only when the bill 
of which it becomes a part is before the House), and because it is the 
amendment itself, and not the special order resolution, that provides 
the new budget authority (Feb. 24, 1993, p. 3543). A committee cost 
estimate identifying certain spending authority as recurring annually 
and indefinitely was held necessarily to address the five-year period 
required by this section (Nov. 20, 1993, p. 31354).


              house approval of regular appropriation bills


[[Page 1049]]

odically advise the Speaker as to changes in jurisdiction among its 
various subcommittees.

  Sec. 309. 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 approved annual appropriation bills providing new 
budget authority under the jurisdiction of all the subcommittees of the 
Committee on Appropriations for the fiscal year beginning on October 1 
of such year. For purposes of this section, the chairman of the 
Committee on Appropriations of the House of Representatives shall peri


  The Balanced Budget and Emergency Deficit Control Act of 1985 (tit. 
II, P.L. 99-177) added this section. See also section 310(f), infra.


                             reconciliation

  Sec. 310. (a) Inclusion of Reconciliation Directives in Concurrent 
Resolutions on the Budget.--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 


[[Page 1050]]

        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 


[[Page 1051]]

                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 


[[Page 1052]]

        reconciliation resolution if such amend

        ment 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 


[[Page 1053]]

        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.


[[Page 1054]]

subsection (a) to eliminate the requirement for subsequent budget 
resolutions and specified the reconciliation process in greater detail 
by adding paragraph (1)(D) to subsection (a) along with new subsections 
(b) through (g). The Budget Enforcement Act of 1990 (tit. XIII, P.L. 
101-508) amended subsection (c), relating to adjustments to allocations 
in the Senate, and deleted from subsection (f) a June 15 deadline for 
congressional action on reconciliation. The Budget Enforcement Act of 
1997 (sec. 10111, P.L. 105-33) amended section 310(c)(1)(A) to clarify 
that committees, in meeting their reconciliation targets, may 
alternatively substitute revenue and spending changes by up to 20 
percent of the sum of the absolute value of reconciled changes as long 
as the result does not increase the deficit relative to the 
reconciliation instructions. Clause 7 of rule XXI, adopted in the 110th 
Congress, places restrictions on reconciliation directives relative to 
the surplus or deficit (sec. 402, H. Res. 6, Jan. 4, 2007, p. _ (adopted 
Jan. 5, 2007)).

  Until the enactment of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (tit. II, P.L. 99-177) this section required the 
Congress to complete action on a concurrent resolution on the budget, 
normally the second for that fiscal year, reaffirming or revising the 
most recently agreed to concurrent resolution on the budget. It also 
permitted the second budget resolution to implement the reconciliation 
process (instructions to committees to make changes in law necessary to 
achieve the changes in spending or revenues contemplated by the budget 
resolution). The Balanced Budget and Emergency Deficit Control Act of 
1985 (tit. II, P.L. 99-177) amended


      budget-related legislation must be within appropriate levels

  Sec. 311. (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 


[[Page 1055]]

        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;


[[Page 1056]]

          (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.

  The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended 
subsection (a) by: (1) standardizing its application to any bill, joint 
resolution, amendment, motion, or conference report; (2) adding the 
exception for the case of a declaration of war; and (3) adding a new 
paragraph (2) relating to Senate procedure. The Balanced Budget and 
Emergency Deficit Control Act of 1985 (tit. II, P.L. 99-177) made 
important changes in this section by codifying in subsection (b) the 
exception for the House that previously had appeared in the budget 
resolution, and by adding subsection (c). The Budget Enforcement Act of 
1997 (sec. 10112, P.L. 105-33) further amended this section by: (1) 
eliminating references to ``new entitlement authority''; (2) modifying 
Senate procedure; and (3) enforcing the revenue level for the same 
multiyear period covered by the allocations under section 302(a).

  Clause 8 of rule XXI, adopted in the 110th Congress, provides that 
points of order under title III of the Budget Act apply to unreported 
measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 
2007)). Previously, a point of order under section 311(a) operated with 
respect to a bill or joint resolution in its reported state and thus did 
not lie against consideration of an unreported measure (Mar. 21, 1995, 
p. 8491). The budget resolution deemed in place for fiscal year 2005 
provided that, for purposes of titles II and III of the Budget Act, the 
term ``amendment'' or ``amendment thereto'' means an amendment offered 
or an amendment made in order as original text or considered as adopted 
by special order of the House (sec. 406, S. Con. Res. 95, 108th Cong., 
May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May 19, 2004, 
p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. _). 
The House has adopted resolutions to deem budget resolutions, or 
portions thereof, to be in place for temporary enforcement (H. Res. 231, 
July 24, 1985, p. 20181; H. Res. 413, June 19, 1990, p. 14612; H. Res. 
477, June 19, 1998, p. 12991; sec. 2(a)(1), H. Res. 5, Jan. 6, 1999, p. 
47; H. Res. 428, May 22, 2002, pp. 8675, 8676; sec. 3(a)(4), H. Res. 5, 
Jan. 7, 2003, p. 10; H. Res. 649, May 19, 2004, p. _; sec. 3(a)(4), H. 
Res. 5, Jan. 4, 2005, p. _; sec 2(a), H. Res. 818, May 18, 2006, p. _; 
sec. 511(a)(4), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)).


[[Page 1057]]

the total budget outlay ceiling in the second concurrent resolution on 
the budget (May 12, 1981, pp. 9314, 15). An amendment that provides no 
new budget authority or outlays but instead results in outlay savings is 
not subject to a point of order under section 311(a) (June 30, 1987, p. 
18308).
  To an appropriation bill already containing new budget outlays in 
excess of the total level permitted by the second concurrent resolution 
on the budget for that fiscal year, where the bill was considered under 
a waiver of section 311(a) of the Budget Act, an amendment striking out 
a proposed rescission of existing budget authority that had the effect 
of causing the net total of new budget authority in the bill to be 
increased was ruled out in the House as in violation of section 311(a), 
as further exceeding

  The Chair relied on estimates furnished by the Budget Committee to 
hold that a motion to amend a Senate amendment providing new budget 
authority for official mail costs to be available immediately violated 
section 311(a) because the appropriate level of new budget authority 
contained in the budget resolution had already been exceeded and because 
the Appropriations Committee had exceeded its section 302(a) allocation 
(thereby rendering the section 311(b) exception inapplicable) (Sept. 28, 
1989, p. 22267).


[[Page 1058]]

and to breach the applicable budget total, in violation of section 311 
(July 13, 1983, p. 19018).

  In the Senate, the Chair sustained a point of order (later withdrawn) 
against an amendment that had the effect of reducing revenues for fiscal 
year 1977 below the total level of revenues contained in the final 
concurrent resolution on the budget for that year, in violation of 
section 311(a) (Oct. 1, 1976, p. 34557). Similarly, a motion in the 
Senate to recommit a bill with instructions to report it back with an 
amendment to the Internal Revenue Code delaying the implementation of 
withholding on interest and dividends was held (in response to a 
parliamentary inquiry) to be subject to a point of order because the 
amendment would cause revenues to be less than the appropriate level 
provided in the budget resolution for that year (where S. Con. Res. 92 
of the 97th Congress, the first budget resolution for fiscal year 1985, 
provided that if a second budget resolution was not adopted by October 
1, 1982, then section 311 would be enforced based on the aggregate 
figures contained in that resolution) (Apr. 20, 1983, pp. 9131, 9151). A 
point of order was sustained (and upheld on appeal) in the Senate 
against consideration of an amendment reducing the amount of a 
rescission of appropriated funds where the effect was to increase the 
net amount of total budget outlays contained in the bill to a level 
that, when taken together with other spending actions already completed 
by Congress, exceeded the total amount of budget outlays provided for 
the current fiscal year in the third budget resolution, in violation of 
section 311 (June 27, 1980, pp. 17478, 17479). Also in the Senate, to a 
bill making comprehensive changes in the Social Security Act being 
considered at a time when the revenue floor established by the second 
concurrent resolution on the budget for that fiscal year had already 
been breached, an amendment to the Internal Revenue Code to delay 
interest and dividend withholding during that fiscal year was held to 
constitute a further revenue reduction and to violate section 311 (Vice 
President Bush, Mar. 22, 1983, p. 6573). An amendment in the Senate to a 
Defense Department authorization bill, providing a new entitlement 
program of educational assistance to members and veterans of the armed 
forces, to become effective in a future fiscal year or at any earlier 
time if so determined by the President, was held to allow new 
entitlement spending for the current fiscal year


                   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 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.


[[Page 1059]]

would remedy the violation of this Act, is pending before the Senate.
  (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

  (e) Points 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.


  Section 312 was added by the Budget Enforcement Act of 1990 (tit. 
XIII, P.L. 101-508). The section was amended by the Budget Enforcement 
Act of 1997 (sec. 10113, P.L. 105-33) to: (1) clarify the responsibility 
of the Budget Committee to provide estimates to the Chair upon which 
points of order under the Congressional Budget Act are evaluated; and 
(2) modify Senate procedure. The concurrent resolution on the budget for 
fiscal year 2000 included a point of order against consideration in the 
House or Senate of a concurrent resolution on the budget for fiscal year 
2001, or any amendment thereto or conference report thereon, that sets 
forth a deficit for any fiscal year (as determined by the Budget 
Committee) (sec. 201, H. Con. Res. 68, 106th Cong., Apr. 13, 1999, p. 
6337). Clause 10 of rule XXI, adopted in the 110th Congress, provides 
for estimates from the Committee on the Budget on the effect of a 
measure on the surplus or deficit.


             extraneous matter in reconciliation legislation


[[Page 1060]]

the bill and may not be offered as an amendment from the floor.

  Sec. 313. (a) In General.--When the Senate is considering a 
reconciliation bill or a reconciliation resolution pursuant to section 
310 (whether that bill or resolution originated in the Senate or the 
House) or section 258C of the Balanced Budget and Emergency Deficit 
Control Act of 1985, upon a point of order being made by any Senator 
against material extraneous to the instructions to a committee which is 
contained in any title or provision of the bill or resolution or offered 
as an amendment to the bill or resolution, and the point of order is 
sustained by the Chair, any part of said title or provision that 
contains material extraneous to the instructions to said Committee as 
defined in subsection (b) shall be deemed stricken from

  (b) Extraneous Provisions.--(1)(A) Except as provided in paragraph 
(2), a provision of a reconciliation bill or reconciliation resolution 
considered pursuant to section 310 shall be considered extraneous if 
such provision does not produce a change in outlays or revenue, 
including changes in outlays and revenues brought about by changes in 
the terms and conditions under which outlays are made or revenues are 
required to be collected (but a provision in which outlay decreases or 
revenue increases exactly offset outlay increases or revenue decreases 
shall not be considered extraneous by virtue of this subparagraph); (B) 
any provision producing an increase in outlays or decrease in revenues 
shall be considered extraneous if the net effect of provisions reported 
by the Committee reporting the title containing the provision is that 
the Committee fails to achieve its reconciliation instructions; (C) a 
provision that is not in the jurisdiction of the Committee with 
jurisdiction over said title or provision shall be considered 
extraneous; (D) a provision shall be considered extraneous if it 
produces changes in outlays or revenues which are merely incidental to 
the non-budgetary components of the provision; (E) a provision shall be 
considered to be extraneous if it increases, or would increase, net 
outlays, or if it decreases, or would decrease, revenues during a fiscal 
year after the fiscal years covered by such reconciliation bill or 
reconciliation resolution, and such increases or decreases are greater 
than outlay reductions or revenue increases resulting from other 
provisions in such title in such year; and (F) a provision shall be 
considered extraneous if it violates section 310(g).


[[Page 1061]]

authorized by the provision or likely to be proposed, court rulings on 
pending litigation, or relationships between economic indices and 
stipulated statutory triggers pertaining to the provision, other than 
the regulations, court rulings or relationships currently projected by 
the Congressional Budget Office for scorekeeping purposes; or (D) such 
provision will be likely to produce a significant reduction in outlays 
or increase in revenues but, due to insufficient data, such reduction or 
increase cannot be reliably estimated.
  (2) A Senate-originated provision shall not be considered extraneous 
under paragraph (1)(A) if the Chairman and Ranking Minority Member of 
the Committee on the Budget and the Chairman and Ranking Minority Member 
of the Committee which reported the provision certify that: (A) the 
provision mitigates direct effects clearly attributable to a provision 
changing outlays or revenue and both provisions together produce a net 
reduction in the deficit; (B) the provision will result in a substantial 
reduction in outlays or a substantial increase in revenues during fiscal 
years after the fiscal years covered by the reconciliation bill or 
reconciliation resolution; (C) a reduction of outlays or an increase in 
revenues is likely to occur as a result of the provision, in the event 
of new regulations


  (3) A provision reported by a committee shall not be considered 
extraneous under paragraph (1)(C) if (A) the provision is an integral 
part of a provision or title, which if introduced as a bill or 
resolution would be referred to such committee, and the provision sets 
forth the procedure to carry out or implement the substantive provisions 
that were reported and which fall within the jurisdiction of such 
committee; or (B) the provision states an exception to, or a special 
application of, the general provision or title of which it is a part and 
such general provision or title if introduced as a bill or resolution 
would be referred to such committee.


  (c) Extraneous Materials.--Upon the reporting or discharge of a 
reconciliation bill or resolution pursuant to section 310 in the Senate, 
and again upon the submission of a conference report on such a 
reconciliation bill or resolution, the Committee on the Budget of the 
Senate shall submit for the record a list of material considered to be 
extraneous under subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this 
section to the instructions of a committee as provided in this section. 
The inclusion or exclusion of a provision shall not constitute a 
determination of extraneousness by the Presiding Officer of the Senate.

  (d) Conference Reports.--When the Senate is considering a conference 
report on, or an amendment between the Houses in relation to, a 
reconciliation bill or reconciliation resolution pursuant to section 
310, upon--

          (1) a point of order being made by any Senator against 

        extraneous material meeting the definition of subsections 

        (b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F), and


[[Page 1062]]

consider the question of whether the Senate shall recede from its 
amendment and concur with a further amendment, or concur in the House 
amendment with a further amendment, as the case may be, which further 
amendment shall consist of only that portion of the conference report or 
House amendment, as the case may be, not so stricken. Any such motion in 
the Senate shall be debatable for two hours. In any case in which such 
point of order is sustained against a conference report (or Senate 
amendment derived from such conference report by operation of this 
subsection), no further amendment shall be in order.

          (2) such point of order being sustained,
such material contained in such conference report or amendment shall be 
deemed stricken, and the Senate shall proceed, without intervening 
action or motion, to


  (e) General Point of Order.--Notwithstanding any other law or rule of 
the Senate, it shall be in order for a Senator to raise a single point 
of order that several provisions of a bill, resolution, amendment, 
motion, or conference report violate this section. The Presiding Officer 
may sustain the point of order as to some or all of the provisions 
against which the Senator raised the point of order. If the Presiding 
Officer so sustains the point of order as to some of the provisions 
(including provisions of an amendment, motion, or conference report) 
against which the Senator raised the point of order, then only those 
provisions (including provisions of an amendment, motion, or conference 
report) against which the Presiding Officer sustains the point of order 
shall be deemed stricken pursuant to this section. Before the Presiding 
Officer rules on such a point of order, any Senator may move to waive 
such a point of order as it applies to some or all of the provisions 
against which the point of order was raised. Such a motion to waive is 
amendable in accordance with the rules and precedents of the Senate. 
After the Presiding Officer rules on such a point of order, any Senator 
may appeal the ruling of the Presiding Officer on such a point of order 
as it applies to some or all of the provisions on which the Presiding 
Officer ruled.


[[Page 1063]]

guage with no budgetary effect and is, therefore, in violation of this 
section (Oct. 27, 1995, p. 30379).

  Section 313, popularly known as the ``Byrd Rule,'' was added by the 
Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508). The Budget 
Enforcement Act of 1997 effected a technical correction to this section 
(sec. 10113, P.L. 105-33). Changes in outlays or revenues are not 
rendered incidental under this section simply by their insusceptibility 
to measurement (Aug. 6, 1993, p. 19764). A provision that achieved a net 
reduction in revenue beyond the 10-year directive of the concurrent 
resolution on the budget was stricken under this section (July 28, 1999, 
pp. 18172, 18178). An amendment expressing the sense of the Senate 
presents nonbinding lan


                               adjustments

  Sec. 314. (a) Adjustments.--

          (1) In general.--After the reporting of a bill or joint 

        resolution, the offering of an amendment thereto, or the 

        submission of a conference report thereon, the chairman of the 

        Committee on the Budget of the House of Representatives or the 

        Senate shall make the adjustments set forth in paragraph (2) for 

        the amount of new budget authority in that measure (if that 

        measure meets the requirements set forth in subsection (b)) and 

        the outlays flowing from that budget authority.

          (2) Matters to be adjusted.--The adjustments referred to in 

        paragraph (1) are to be made to--

                  (A) the discretionary spending limits, if any, set 

                forth in the appropriate concurrent resolution on the 

                budget;

                  (B) the allocations made pursuant to the appropriate 

                concurrent resolution on the budget pursuant to section 

                302(a); and

                  (C) the budgetary aggregates as set forth in the 

                appropriate concurrent resolution on the budget.

  (b) Amounts of Adjustments.--The adjustment referred to in subsection 
(a) shall be--

          (1) an amount provided and designated as an emergency 

        requirement pursuant to section 251(b)(2)(A) or 252(e) of the 

        Balanced Budget and Emergency Deficit Control Act of 1985;

          (2) an amount provided for continuing disability reviews 

        subject to the limitations in section 251(b)(2)(C) of that Act;

          (3) for any fiscal year through 2002, an amount provided that 

        is the dollar equivalent of the Special Drawing Rights with 

        respect to--

                  (A) an increase in the United States quota as part of 

                the International Monetary Fund Eleventh General Review 

                of Quotas (United States Quota); or

                  (B) any increase in the maximum amount available to 

                the Secretary of the Treasury pursuant to section 17 of 

                the Bretton Woods Agreements Act, as amended from time 


[[Page 1064]]

                to time (New Arrangements to Borrow);

          (4) an amount provided not to exceed $1,884,000,000 for the 

        period of fiscal years 1998 through 2000 for arrearages for 

        international organizations, international peacekeeping, and 

        multilateral development banks;

          (5) an amount provided for an earned income tax credit 

        compliance initiative but not to exceed--

                  (A) with respect to fiscal year 1998, $138,000,000 in 

                new budget authority;

                  (B) with respect to fiscal year 1999, $143,000,000 in 

                new budget authority;

                  (C) with respect to fiscal year 2000, $144,000,000 in 

                new budget authority;

                  (D) with respect to fiscal year 2001, $145,000,000 in 

                new budget authority; and

                  (E) with respect to fiscal year 2002, $146,000,000 in 

                new budget authority; or

          (6) in the case of an amount for adoption incentive payments 

        (as defined in section 251(b)(2)(G) of the Balanced Budget and 

        Emergency Deficit Control Act of 1985) for fiscal year 1999, 

        2000, 2001, 2002, or 2003 for the Department of Health and Human 

        Services, an amount not to exceed $20,000,000.

  (c) Application of Adjustments.--The adjustments made pursuant to 
subsection (a) for legislation shall--

          (1) apply while that legislation is under consideration;

          (2) take effect upon the enactment of that legislation; and

          (3) be published in the Congressional Record as soon as 

        practicable.

  (d) Reporting Revised Suballocations.--Following any adjustment made 
under subsection (a), the Committees on Appropriations of the Senate and 
the House of Representatives may report appropriately revised 
suballocations under section 302(b) to carry out this section.

  (e) Definitions for CDRs.--As used in subsection (b)(2)--

          (1) the term ``continuing disability reviews'' shall have the 

        same meaning as provided in section 251(b)(2)(C)(ii) of the 

        Balanced Budget and Emergency Deficit Control Act of 1985; and

          (2) the term ``new budget authority'' shall have the same 

        meaning as the term ``additional new budget authority'' and the 

        term ``outlays'' shall have the same meaning as ``additional 



[[Page 1065]]


        outlays'' in that section.


  This section was added by the Budget Enforcement Act of 1997 (sec. 
10114, P.L. 105-33). Subsection (b)(6) was added by the Adoption and 
Safe Families Act of 1997 (sec. 201(b), P.L. 105-89). Emergency 
designations for discretionary budget authority under section 314 are 
ineffectual because section 251 of the Balanced Budget and Emergency 
Deficit Control Act of 1985 has expired pursuant to Sec. 275 of that 
Act. Budget resolutions have provided that new budget authority, new 
entitlement authority, outlays, and receipts designated as an emergency 
in bills, joint resolutions, amendments, or conference reports are not 
cognizable under specified sections of title III and IV of the Budget 
Act. The budget resolutions also have required to be included in a 
committee report, joint statement of managers, or the Congressional 
Record an explanation of how an emergency item meets certain criteria 
(sec. 502, H. Con. Res. 95, 108th Cong.; sec. 402, S. Con. Res. 95, 
108th Cong., May 19, 2004, deemed in place by H. Res. 649, 108th Cong., 
May 19, 2004, p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 
2005, p. _; sec. 402, H. Con. Res. 95, 109th Cong.; sec. 204, S. Con. 
Res. 21, 110th Cong.; sec. 301, S. Con. Res. 70, 110th Cong.). The 
budget resolution adopted by the House in 2006 provided a specific 
amount of emergency spending that, to be exceeded, would require a vote 
of the Committee on the Budget to raise the relevant 302 allocation 
(sec. 501, H. Con. Res. 376, 109th Cong., May 18, 2006).

   effect of adoption of a special order of business in the house of 


                             representatives


  Sec. 315. For purposes of a reported bill or joint resolution 
considered in the House of Representatives pursuant to a special order 
of business, the term ``as reported'' in this title or title IV shall be 
considered to refer to the text made in order as an original bill or 
joint resolution for the purpose of amendment or to the text on which 
the previous question is ordered directly to passage, as the case may 
be.

  This section was added by the Budget Enforcement Act of 1997 (sec. 
10115, P.L. 105-33). In the 106th, 107th, 108th, 109th, and 110th 
Congresses, the House adopted an order to enforce a 303(a) point of 
order against a reported bill or joint resolution considered under a 
special order of business on the basis of text made in order as original 
text (sec. 2(a)(3), H. Res. 5, Jan. 6, 1999, p. 47; sec. 3(b)(2), H. 
Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(2), H. Res. 5, Jan. 7, 2003, p. 
10; sec. 3(a)(2), H. Res. 5, Jan. 4, 2005, p. _; sec. 511(a)(2), H. Res. 
6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)). See clause 8 of rule XXI 
for similar treatment of unreported bills under title III.


[[Page 1066]]

III of the Congressional Budget Act, which was extended by the Omnibus 
Budget Reconciliation Act of 1993 (tit. XIV, P.L. 103-66). Title VI was 
repealed by the Budget Enforcement Act of 1997 (sec. 10118, P.L. 105-
33). For the text of title VI, see the House Rules and Manual for the 
104th Congress (H. Doc. 103-342).

  The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) 
established a new title VI that placed temporary limits on discretionary 
spending and provided mechanisms for enforcement that included those 
found in title


      TITLE IV--ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES


                       Part A--General Provisions


        budget-related legislation not subject to appropriations

  Sec. 401. (a) Controls on Certain Budget-related Legislation Not 
Subject to Appropriations.--It shall not be in order in either the House 
of Representatives or the Senate to consider any bill or joint 
resolution (in the House of Representatives only, as reported), 
amendment, motion, or conference report that provides--

          (1) new authority to enter into contracts under which the 

        United States is obligated to make outlays;

          (2) new authority to incur indebtedness (other than 

        indebtedness incurred under chapter 31 of title 31 of the United 

        States Code) for the repayment of which the United States is 

        liable; or

          (3) new credit authority;
unless that bill, joint resolution, amendment, motion, or conference 
report also provides that the new authority is to be effective for any 
fiscal year only to the extent or in the amounts provided in advance in 
appropriation Acts.

  (b) Legislation Providing New Entitlement Authority.--

          (1) Point of order.--It shall not be in order in either the 

        House of Representatives or the Senate to consider any bill or 

        joint resolution (in the House of Representatives only, as 

        reported), amendment, motion, or conference report that provides 

        new entitlement authority that is to become effective during the 

        current fiscal year.

          (2) If any committee of the House of Representatives or the 

        Senate reports any bill or resolution which provides new 

        entitlement authority which is to become effective during a 

        fiscal year and the amount of new budget authority which will be 

        required for such fiscal year if such bill or resolution is 

        enacted as so reported exceeds the appropriate allocation of new 


[[Page 1067]]

        budget authority reported under section 302(b) in con

        nection with the most recently agreed to concurrent resolution 

        on the budget for such fiscal year, such bill or resolution 

        shall then be referred to the Committee on Appropriations of the 

        Senate or may then be referred to the Committee on 

        Appropriations of the House, as the case may be, with 

        instructions to report it, with the committee's recommendations, 

        within 15 calendar days (not counting any day on which that 

        House is not in session) beginning with the day following the 

        day on which it is so referred. If the Committee on 

        Appropriations of either House fails to report a bill or 

        resolution referred to it under this paragraph within such 15-

        day period, the committee shall automatically be discharged from 

        further consideration of such bill or resolution and such bill 

        or resolution shall be placed on the appropriate calendar.

          (3) The Committee on Appropriations of each House shall have 

        jurisdiction to report any bill or resolution referred to it 

        under paragraph (2) with an amendment which limits the total 

        amount of new spending authority provided in such bill or 

        resolution.

  (c) Exceptions.--

          (1) Subsections (a) and (b) shall not apply to new authority 

        described in those subsections if outlays from that new 

        authority [will]\1\ flow--
---------------------------------------------------------------------------

  \1\ Paragraph (4)(A) of section 10116(a) of Public Law 105-
33 amended this provision as shown above. However, the word ``will'' 
probably should have appeared in the matter proposed to be stricken by 
that public law.
---------------------------------------------------------------------------

                  (A) from a trust fund established by the Social 

                Security Act (as in effect on the date of the enactment 

                of this Act); or

                  (B) from any other trust fund, 90 percent or more of 

                the receipts of which consist or will consist of amounts 

                (transferred from the general fund of the Treasury) 

                equivalent to amounts of taxes (related to the purposes 

                for which such outlays are or will be made) received in 

                the Treasury under specified provisions of the Internal 

                Revenue Code of 1954.

          (2) Subsections (a) and (b) shall not apply to new authority 

        described in those subsections to the extent that--

                  (A) the outlays resulting therefrom are made by an 

                organization which is (i) a mixed-ownership Government 


[[Page 1068]]

                corporation (as defined in section 201

                of the Government Corporation Control Act), or (ii) a 

                wholly owned Government corporation (as defined in 

                section 101 of such Act) which is specifically exempted 

                by law from compliance with any or all of the provisions 

                of that Act, as of the date of enactment of the Balanced 

                Budget and Emergency Deficit Control Act of 1985; or

                  (B) the outlays resulting therefrom consist 

                exclusively of the proceeds of gifts or bequests made to 


                the United States for a specific purpose.

  The Balanced Budget and Emergency Deficit Control Act of 1985 (tit. 
II, P.L. 99-177) amended subsection (a) by substituting the phrase 
``spending authority'' for ``contract or borrowing authority'' and 
extended the point of order to conference reports, consistent with House 
precedent. The Balanced Budget and Emergency Deficit Control Act of 1985 
(tit. II, P.L. 99-177) left the subsection entitled ``exceptions'' 
intact except to clarify the application of section 401 to Government 
corporations created after December 12, 1985. The Budget Enforcement Act 
of 1990 (tit. XIII, P.L. 101-508) amended subsections (a) and (b)(1) to 
standardize their application to any bill, joint resolution, amendment, 
motion, or conference report. The Budget Enforcement Act of 1997 (sec. 
10116, P.L. 105-33): (1) repealed section 402, collapsing the point of 
order under that section into section 401; (2) repealed the definition 
of ``new spending authority,'' while shifting the definition of new 
entitlement authority to section 3; and (3) converted the mandatory 
referral of measures providing new entitlement authority to the 
Appropriations Committee to discretionary referral of such measures.


[[Page 1069]]

  Language in a bill authorizing receipts from loans under certain 
legislation to be made available for designated purposes was held not to 
be ``new spending authority'' that would prohibit the consideration of 
the bill under section 401(a) of the Congressional Budget Act, where it 
was shown from the term ``authorized'' and from the committee report on 
the bill that the amounts of repaid loans must again be appropriated in 
appropriation acts before the funds could be expended (Speaker Albert, 
Sept. 10, 1975, p. 28270). A point of order under section 401(a) 
operates with respect to a bill or joint resolution in reported state 
and thus does not lie against consideration of an unreported measure 
(Mar. 21, 1995, p. 8491). Section 401(a) prohibits the consideration of 
a bill or amendment, including a conference report, containing new 
spending authority to incur indebtedness for the repayment of which the 
United States is primarily liable, the budget authority for which is not 
provided in advance by appropriation acts. Thus a conference report 
authorizing a Secretary to borrow funds by issuing Government notes as a 
public debt transaction to make payments in connection with defaults on 
loans by medical students, not subject to amounts specified in advance 
by appropriation acts, was ruled out of order as violating section 
401(a) (Sept. 27, 1976, pp. 32655-704).

  A point of order under section 401(b) operates with respect to a bill 
or joint resolution in reported state and thus does not lie against 
consideration of an unreported measure (Mar. 21, 1995, p. 8491). A 
conference report (filed in 1976 to accompany a bill originally reported 
in the House in calendar year 1975) requiring the Secretary of 
Agriculture to pay a cost of transporting agricultural commodities to 
major disaster areas upon the date of enactment was held to constitute 
new spending ``entitlement'' authority that could become effective 
before the fiscal year beginning during the calendar year in which the 
bill had been reported from conference, in violation of section 
401(b)(1), and the conference report was ruled out of order (Speaker 
Albert, Sept. 23, 1976, pp. 3209, 3210). A Senate amendment providing 
new spending ``entitlement'' authority for adjustment assistance under 
the Trade Act of 1974, by requiring the Secretary of Labor to certify a 
new group of workers as eligible beginning on the day before to the 
start of the ensuing fiscal year, was conceded to violate section 
401(b)(1), and a motion to concur was ruled out on that point of order 
(June 26, 1986, p. 15729). Where an amendment contained new entitlement 
authority in the form of retirement benefits to certain Federal 
employees, the Chair contemplated immediate enactment in his 
determination that the new entitlement authority became effective before 
the fiscal year beginning during the calendar year in which the pending 
bill was reported (May 9, 1995, p. 12178).


[[Page 1070]]

Committee on Ways and Means increasing eligibility and payments for 
child welfare and social services under the Social Security Act, 
providing new entitlement authority in excess of the net amount of such 
authority allocated to that committee under the first budget resolution, 
were discharged from the Union Calendar by the Speaker and referred to 
the Appropriations Committee pursuant to section 401(b) (Speaker 
O'Neill, June 5, 1979, p. 13385; June 6, 1979, p. 13665). The Speaker 
may exercise the referral authority under section 401(b), whether or not 
the committee has filed its report under section 302(b) of the Budget 
Act, where the budget authority for the entitlement bill has been 
assumed in the budget resolution and would be included in the 
committee's 302(b) report, but where the budget authority for such bill 
exceeds the net amount of such authority allocated to the reporting 
committee, because the budget resolution assumes the reporting of other 
legislation, decreasing other programs for the year in question, that 
has yet to be reported (Speaker O'Neill, June 6, 1979, p. 13665).
  Where a committee had not yet filed with the House a report 
subdividing among its subcommittees or by programs new entitlement 
authority allocated to that committee in the joint statement 
accompanying a conference report on a concurrent resolution on the 
budget, formerly required under section 302(a), the Speaker under 
section 401(b) referred to the Appropriations Committee for the 15-day 
period a bill reported by that committee that exceeded the total 
entitlement authority allocated to that committee in the joint 
statement, and also referred a subsequent bill reported by that 
committee that contained new entitlement authority (Speaker Albert, May 
17, 1976, p. 14093; Aug. 25, 1976, p. 27775). During the efficacy of 
title VI, section 401(b)(2) had no practical effect because that section 
remained linked to section 302 rather than the overriding section 602. 
Before consideration of a bill in Committee of the Whole, the Speaker 
may discharge from the Union Calendar and refer to the Appropriations 
Committee for 15 days, pursuant to section 401(b), a bill that has been 
reported providing new entitlement authority in excess of the total 
amount allocated to the reporting committee (Speaker O'Neill, Sept. 8, 
1977, p. 28153; Sept. 8, 1978, p. 28543) even if the bill was reported 
before final adoption of the first budget resolution (Speaker O'Neill, 
July 19, 1978, pp. 21786, 21787; May 21, 1981, p. 10622). A bill 
reported from the Committee on Agriculture amending the Food and 
Agriculture Act to increase certain commodity target prices of 1979 
crops, thereby providing new entitlement authority for fiscal year 1980 
in excess of the amount allocated to that committee under the first 
budget resolution, and a bill reported from the

  Although the former definition of new spending authority in section 
401(c)(2) did not include the authority to insure or guarantee the 
repayment of indebtedness incurred by another person or government (as 
where the authority to incur contractual obligations to insure or 
guarantee another person's debt is a contingent liability of the United 
States), the authority to make payments in connection with defaults that 
have already occurred was conceded to constitute a primary liability of 
the United States to incur indebtedness and to require budget authority 
in advance in appropriation acts (Sept. 27, 1976, pp. 32655-704). A 
provision that requires payments to individuals meeting certain 
qualifications, but that also contains an authorization for 
appropriations to make such payments and a provision that if sums 
appropriated pursuant thereto are insufficient to make payments, then 
payments be ratably reduced to the amounts of appropriations actually 
made, does not constitute new entitlement authority (Sept. 13, 1983, p. 
23884). An amendment establishing a new executive position at 
compensation level II but subjecting its salary to the appropriation 
process was held not to provide new entitlement authority (Mar. 26, 
1992, p. 7203). The 106th Congress adopted a temporary rule excluding 
Federal compensation from the definition of entitlement authority (sec. 
2(a)(2), H. Res. 5, Jan. 6, 1999, p. 47), which expired upon the 
adoption of the budget resolution for fiscal year 2000. The 107th, 
108th, and 111th Congresses adopted that rule for the entire Congress 
(sec. 3(b)(3), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(3), H. Res. 5, 
Jan. 7, 2003, p. 10; sec. 3(a)(3), H. Res. 5, Jan. 6, 2009, p. _). The 
109th and 110th Congresses adopted that rule for the entire Congress but 
limited its applicability to section 401 (sec. 3(a)(3), H. Res. 5, Jan. 
4, 2005, p. _; sec. 511(a)(3), H. Res. 6, Jan. 4, 2007, p. _ (adopted 
Jan. 5, 2007)).


[[Page 1071]]

ing programs did not apply to new entitlement authority for future 
fiscal years (Speaker Albert, Sept. 30, 1976, pp. 34074-100).

  The former definition of new entitlement authority did not include 
revenue-sharing spending authority in the form of entitlements, because 
the exception from the definition of new spending authority for revenue-
shar


                 analysis by congressional budget office

  Sec. 402. The Director of the Congressional Budget Office shall, to 
the extent practicable, prepare for each bill or resolution of a public 
character reported by any committee of the House of Representatives or 
the Senate (except the Committee on Appropriations of each House), and 
submit to such committee--

          (1) an estimate of the costs which would be incurred in 

        carrying out such bill or resolution in the fiscal year in which 

        it is to become effective and in each of the 4 fiscal years 

        following such fiscal year, together with the basis for each 

        such estimate;

          (2) a comparison of the estimates of costs described in 

        paragraph (1), with any available estimates of costs made by 

        such committee or by any Federal agency; and

          (3) a description of each method for establishing a Federal 

        financial commitment contained in such bill or resolution.
The estimates, comparison, and description so submitted shall be 
included in the report accompanying such bill or resolution if timely 
submitted to such committee before such report is filed.
* * * * *


[[Page 1072]]

  The Balanced Budget and Emergency Deficit Control Act of 1985 (tit. 
II, P.L. 99-177) amended this section by adding paragraph (4) to 
subsection (a), along with a conforming change to the second sentence of 
that subsection. Public Law 97-108 previously amended section 403 by 
adding subsections (a)(2), (b), and (c). The Unfunded Mandates Reform 
Act of 1995 deleted from this section a requirement that the Director 
estimate costs incurred by State and local governments, in favor of a 
more particularized requirement in section 424, infra (sec. 104, P.L. 
104-4; 109 Stat. 62). The Budget Enforcement Act of 1997 (sec. 10116, 
P.L. 105-33) redesignated this section, formerly section 403, as section 
402. A committee cost estimate identifying certain spending authority as 
recurring annually and indefinitely was held necessarily to address the 
five-year period required by section 308 (Nov. 20, 1993, p. 31354).

  study by the general accounting office of forms of federal financial 


          commitment that are not reviewed annually by congress


  Sec. 404. The General Accounting Office shall study those provisions 
of law which provide mandatory spending and report to the Congress its 
recommendations for the appropriate form of financing for activities or 
programs financed by such provisions not later than eighteen months 
after the effective date of this section. Such report shall be revised 
from time to time.


  This section, formerly section 405, was redesignated by the Budget 
Enforcement Act of 1997 (sec. 10116, P.L. 105-33). The General 
Accounting Office is now designated the Government Accountability Office 
(31 U.S.C. 702 note).


              off-budget agencies, programs, and activities

  Sec. 405. (a) Notwithstanding any other provision of law, budget 
authority, credit authority, and estimates of outlays and receipts for 
activities of the Federal budget which are off-budget immediately prior 
to the date of enactment of this section, not including activities of 
the Federal Old-Age and Survivors Insurance and Federal Disability 
Insurance Trust Funds, shall be included in a budget submitted pursuant 
to section 1105 of title 31, United States Code, and in a concurrent 
resolution on the budget reported pursuant to section 301 or section 304 
of this Act and shall be considered, for purposes of this Act, budget 
authority, outlays, and spending authority in accordance with 
definitions set forth in this Act.


  (b) All receipts and disbursements of the Federal Financing Bank with 
respect to any obligations which are issued, sold, or guaranteed by a 
Federal agency shall be treated as a means of financing such agency for 
purposes of section 1105 of title 31, United States Code, and for 
purposes of this Act.


  This section, formerly section 406, was redesignated by the Budget 
Enforcement Act of 1997 (sec. 10116, P.L. 105-33).


                            member user group



[[Page 1073]]


  Sec. 406. The Speaker of the House of Representatives, after 
consulting with the Minority Leader of the House, may appoint a Member 
User Group for the purpose of reviewing budgetary scorekeeping rules and 
practices of the House and advising the Speaker from time to time on the 
effect and impact of such rules and practices.


  The Balanced Budget and Emergency Deficit Control Act of 1985 (tit. 
II, P.L. 99-177) added sections 405, 406, and 407 as new sections at the 
end of title IV. This section, formerly section 407, was redesignated by 
the Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33).
* * * * *


SEC. 421. DEFINITIONS.
                        Part B--Federal Mandates

  For purposes of this part:

          (1) Agency.--The term ``agency'' has the same meaning as 

        defined in section 551(1) of title 5, United States Code, but 

        does not include independent regulatory agencies.

          (2) Amount.--The term ``amount'', with respect to an 

        authorization of appropriations for Federal financial 

        assistance, means the amount of budget authority for any Federal 

        grant assistance program or any Federal program providing loan 

        guarantees or direct loans.

          (3) Direct costs.--The term ``direct costs''--

                  (A)(i) in the case of a Federal intergovernmental 

                mandate, means the aggregate estimated amounts that all 

                State, local, and tribal governments would be required 

                to spend or would be prohibited from raising in revenues 

                in order to comply with the Federal intergovernmental 

                mandate; or

                  (ii) in the case of a provision referred to in 

                paragraph (5)(A)(ii), means the amount of Federal 

                financial assistance eliminated or reduced;

                  (B) in the case of a Federal private sector mandate, 

                means the aggregate estimated amounts that the private 

                sector will be required to spend in order to comply with 

                the Federal private sector mandate;

                  (C) shall be determined on the assumption that--

                        (i) State, local, and tribal governments, and 

                    the private sector will take all reasonable steps 

                    necessary to mitigate the costs resulting from the 

                    Federal mandate, and will comply with applicable 

                    standards of practice and conduct established by 


[[Page 1074]]

                    recognized professional or trade associations; and

                        (ii) reasonable steps to mitigate the costs 

                    shall not include increases in State, local, or 

                    tribal taxes or fees; and

                  (D) shall not include--

                        (i) estimated amounts that the State, local, and 

                    tribal governments (in the case of a Federal 

                    intergovernmental mandate) or the private sector (in 

                    the case of a Federal private sector mandate) would 


                    spend--


    (I) to comply with or carry out all applicable Federal, State, local, 
and tribal laws and regulations in effect at the time of the adoption of 
the Federal mandate for the same activity as is affected by that Federal 
mandate; or


    (II) to comply with or carry out State, local, and tribal governmental 
programs, or private-sector business or other activities in effect at the 
time of the adoption of the Federal mandate for the same activity as is 
affected by that mandate; or

                        (ii) expenditures to the extent that such 

                    expenditures will be offset by any direct savings to 

                    the State, local, and tribal governments, or by the 


                    private sector, as a result of--


    (I) compliance with the Federal mandate; or


    (II) other changes in Federal law or regulation that are enacted or 
adopted in the same bill or joint resolution or proposed or final Federal 
regulation and that govern the same activity as is affected by the Federal 
mandate.

          (4) Direct savings.--The term ``direct savings'', when used 

        with respect to the result of compliance with the Federal 

        mandate--

                  (A) in the case of a Federal intergovernmental 

                mandate, means the aggregate estimated reduction in 

                costs to any State, local, or tribal government as a 

                result of compliance with the Federal intergovernmental 

                mandate; and

                  (B) in the case of a Federal private sector mandate, 

                means the aggregate estimated reduction in costs to the 

                private sector as a result of compliance with the 


[[Page 1075]]

                Federal private sector mandate.

          (5) Federal intergovernmental mandate.--The term ``Federal 

        intergovernmental mandate'' means--

                  (A) any provision in legislation, statute, or 

                regulation that--

                        (i) would impose an enforceable duty upon State, 


                    local, or tribal governments, except--


    (I) a condition of Federal assistance; or


    (II) a duty arising from participation in a voluntary Federal program, 
except as provided in subparagraph (B); or

                        (ii) would reduce or eliminate the amount of 


                    authorization of appropriations for--


    (I) Federal financial assistance that would be provided to State, 
local, or tribal governments for the purpose of complying with any such 
previously imposed duty unless such duty is reduced or eliminated by a 
corresponding amount; or


    (II) the control of borders by the Federal Government; or reimbursement 
to State, local, or tribal governments for the net cost associated with 
illegal, deportable, and excludable aliens, including court-mandated 
expenses related to emergency health care, education or criminal justice; 
when such a reduction or elimination would result in increased net costs to 
State, local, or tribal governments in providing education or emergency 
health care to, or incarceration of, illegal aliens; except that this 
subclause shall not be in effect with respect to a State, local, or tribal 
government, to the extent that such government has not fully cooperated in 
the efforts of the Federal Government to locate, apprehend, and deport 
illegal aliens; [or]

                  (B) any provision in legislation, statute, or 

                regulation that relates to a then-existing Federal 

                program under which $500,000,000 or more is provided 

                annually to State, local, and tribal governments under 

                entitlement authority, if the provision--

                        (i)(I) would increase the stringency of 

                    conditions of assistance to State, local, or tribal 

                    governments under the program; or

                        (II) would place caps upon, or otherwise 


[[Page 1076]]

                    decrease, the Federal Government's responsibility

                    to provide funding to State, local, or tribal 

                    governments under the program; and

                        (ii) the State, local, or tribal governments 

                    that participate in the Federal program lack 

                    authority under that program to amend their 

                    financial or programmatic responsibilities to 

                    continue providing required services that are 

                    affected by the legislation, statute, or regulation.

          (6) Federal mandate.--The term ``Federal mandate'' means a 

        Federal intergovernmental mandate or a Federal private sector 

        mandate, as defined in paragraphs (5) and (7).

          (7) Federal private sector mandate.--The term ``Federal 

        private sector mandate'' means any provision in legislation, 

        statute, or regulation that--

                  (A) would impose an enforceable duty upon the private 

                sector except--

                        (i) a condition of Federal assistance; or

                        (ii) a duty arising from participation in a 

                    voluntary Federal program; or

                  (B) would reduce or eliminate the amount of 

                authorization of appropriations for Federal financial 

                assistance that will be provided to the private sector 

                for the purposes of ensuring compliance with such duty.

          (8) Local government.--The term ``local government'' has the 

        same meaning as defined in section 6501(6) of title 31, United 

        States Code.

          (9) Private sector.--The term ``private sector'' means all 

        persons or entities in the United States, including individuals, 

        partnerships, associations, corporations, and educational and 

        nonprofit institutions, but shall not include State, local, or 

        tribal governments.

          (10) Regulation; rule.--The term ``regulation'' or ``rule'' 

        (except with respect to a rule of either House of the Congress) 

        has the meaning of ``rule'' as defined in section 601(2) of 

        title 5, United States Code.

          (11) Small government.--The term ``small government'' means 

        any small governmental jurisdictions defined in section 601(5) 

        of title 5, United States Code, and any tribal government.

          (12) State.--The term ``State'' has the same meaning as 


[[Page 1077]]

        defined in section 6501(9) of title 31, United States Code.

          (13) Tribal government.--The term ``tribal government'' means 

        any Indian tribe, band, nation, or other organized group or 

        community, including any Alaska Native village or regional or 

        village corporation as defined in or established pursuant to the 

        Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 

        1601 et seq.) which is recognized as eligible for the special 

        programs and services provided by the United States to Indians 

        because of their special status as Indians.
SEC. 422. EXCLUSIONS.

  This part shall not apply to any provision in a bill, joint 
resolution, amendment, motion, or conference report before Congress 
that--

          (1) enforces constitutional rights of individuals;

          (2) establishes or enforces any statutory rights that prohibit 

        discrimination on the basis of race, color, religion, sex, 

        national origin, age, handicap, or disability;

          (3) requires compliance with accounting and auditing 

        procedures with respect to grants or other money or property 

        provided by the Federal Government;

          (4) provides for emergency assistance or relief at the request 

        of any State, local, or tribal government or any official of a 

        State, local, or tribal government;

          (5) is necessary for the national security or the ratification 

        or implementation of international treaty obligations;

          (6) the President designates as emergency legislation and that 

        the Congress so designates in statute; or

          (7) relates to the old-age, survivors, and disability 

        insurance program under title II of the Social Security Act 

        (including taxes imposed by sections 3101(a) and 3111(a) of the 

        Internal Revenue Code of 1986 (relating to old-age, survivors, 

        and disability insurance)).
SEC. 423. DUTIES OF CONGRESSIONAL COMMITTEES.

  (a) In General.--When a committee of authorization of the Senate or 
the House of Representatives reports a bill or joint resolution of 
public character that includes any Federal mandate, the report of the 
committee accompanying the bill or joint resolution shall contain the 
information required by subsections (c) and (d).


[[Page 1078]]

sional Budget Office and shall identify to the Director any Federal 
mandates contained in the bill or resolution.
  (b) Submission of Bills to the Director.--When a committee of 
authorization of the Senate or the House of Representatives orders 
reported a bill or joint resolution of a public character, the committee 
shall promptly provide the bill or joint resolution to the Director of 
the Congres

  (c) Reports on Federal Mandates.--Each report described under 
subsection (a) shall contain--

          (1) an identification and description of any Federal mandates 

        in the bill or joint resolution, including the direct costs to 

        State, local, and tribal governments, and to the private sector, 

        required to comply with the Federal mandates;

          (2) a qualitative, and if practicable, a quantitative 

        assessment of costs and benefits anticipated from the Federal 

        mandates (including the effects on health and safety and the 

        protection of the natural environment); and

          (3) a statement of the degree to which a Federal mandate 

        affects both the public and private sectors and the extent to 

        which Federal payment of public sector costs or the modification 

        or termination of the Federal mandate as provided under section 

        425(a)(2) would affect the competitive balance between State, 

        local, or tribal governments and the private sector including a 

        description of the actions, if any, taken by the committee to 

        avoid any adverse impact on the private sector or the 

        competitive balance between the public sector and the private 

        sector.

  (d) Intergovernmental Mandates.--If any of the Federal mandates in the 
bill or joint resolution are Federal intergovernmental mandates, the 
report required under subsection (a) shall also contain--

          (1)(A) a statement of the amount, if any, of increase or 

        decrease in authorization of appropriations under existing 

        Federal financial assistance programs, or of authorization of 

        appropriations for new Federal financial assistance, provided by 

        the bill or joint resolution and usable for activities of State, 

        local, or tribal governments subject to the Federal 

        intergovernmental mandates;

          (B) a statement of whether the committee intends that the 

        Federal intergovernmental mandates be partly or entirely 

        unfunded, and if so, the reasons for that intention; and

          (C) if funded in whole or in part, a statement of whether and 

        how the committee has created a mechanism to allocate the 

        funding in a manner that is reasonably consistent with the 


[[Page 1079]]

        expected direct costs

        among and between the respective levels of State, local, and 

        tribal government; and

          (2) any existing sources of Federal assistance in addition to 

        those identified in paragraph (1) that may assist State, local, 

        and tribal governments in meeting the direct costs of the 

        Federal intergovernmental mandates.

  (e) Preemption Clarification and Information.--When a committee of 
authorization of the Senate or the House of Representatives reports a 
bill or joint resolution of public character, the committee report 
accompanying the bill or joint resolution shall contain, if relevant to 
the bill or joint resolution, an explicit statement on the extent to 
which the bill or joint resolution is intended to preempt any State, 
local, or tribal law, and, if so, an explanation of the effect of such 
preemption.

  (f) Publication of Statement From the Director.--

          (1) In general.--Upon receiving a statement from the Director 

        under section 424, a committee of the Senate or the House of 

        Representatives shall publish the statement in the committee 

        report accompanying the bill or joint resolution to which the 

        statement relates if the statement is available at the time the 

        report is printed.

          (2) Other publication of statement of director.--If the 

        statement is not published in the report, or if the bill or 

        joint resolution to which the statement relates is expected to 

        be considered by the Senate or the House of Representatives 

        before the report is published, the committee shall cause the 

        statement, or a summary thereof, to be published in the 

        Congressional Record in advance of floor consideration of the 

        bill or joint resolution.
SEC. 424. DUTIES OF THE DIRECTOR; STATEMENTS ON BILLS AND JOINT 

        RESOLUTIONS OTHER THAN APPROPRIATIONS BILLS AND JOINT 

        RESOLUTIONS.

  (a) Federal Intergovernmental Mandates in Reported Bills and 
Resolutions.--For each bill or joint resolution of a public character 
reported by any committee of authorization of the Senate or the House of 
Representatives, the Director of the Congressional Budget Office shall 
prepare and submit to the committee a statement as follows:

          (1) Contents.--If the Director estimates that the direct cost 

        of all Federal intergovernmental mandates in the bill or joint 


[[Page 1080]]

        resolution will equal or exceed

        $50,000,000 (adjusted annually for inflation) in the fiscal year 

        in which any Federal intergovernmental mandate in the bill or 

        joint resolution (or in any necessary implementing regulation) 

        would first be effective or in any of the 4 fiscal years 

        following such fiscal year, the Director shall so state, specify 

        the estimate, and briefly explain the basis of the estimate.

          (2) Estimates.--Estimates required under paragraph (1) shall 

        include estimates (and brief explanations of the basis of the 

        estimates) of--

                  (A) the total amount of direct cost of complying with 

                the Federal intergovernmental mandates in the bill or 

                joint resolution;

                  (B) if the bill or resolution contains an 

                authorization of appropriations under section 

                425(a)(2)(B), the amount of new budget authority for 

                each fiscal year for a period not to exceed 10 years 

                beyond the effective date necessary for the direct cost 

                of the intergovernmental mandate; and

                  (C) the amount, if any, of increase in authorization 

                of appropriations under existing Federal financial 

                assistance programs, or of authorization of 

                appropriations for new Federal financial assistance, 

                provided by the bill or joint resolution and usable by 

                State, local, or tribal governments for activities 

                subject to the Federal intergovernmental mandates.

          (3) Estimate not feasible.--If the Director determines that it 

        is not feasible to make a reasonable estimate that would be 

        required under paragraphs (1) and (2), the Director shall not 

        make the estimate, but shall report in the statement that the 

        reasonable estimate cannot be made and shall include the reasons 

        for that determination in the statement. If such determination 

        is made by the Director, a point of order under this part shall 

        lie only under section 425(a)(1) and as if the requirement of 

        section 425(a)(1) had not been met.


[[Page 1081]]

  (b) Federal Private Sector Mandates in Reported Bills and Joint 
Resolutions.--For each bill or joint resolution of a public character 
reported by any committee of authorization of the Senate or the House of 
Representatives, the Director of the Congressional Budget Office shall 
prepare and submit to the committee a statement as follows:

          (1) Contents.--If the Director estimates that the direct cost 

        of all Federal private sector mandates in the bill or joint 

        resolution will equal or exceed $100,000,000 (adjusted annually 

        for inflation) in the fiscal year in which any Federal private 

        sector mandate in the bill or joint resolution (or in any 

        necessary implementing regulation) would first be effective or 

        in any of the 4 fiscal years following such fiscal year, the 

        Director shall so state, specify the estimate, and briefly 

        explain the basis of the estimate.

          (2) Estimates.--Estimates required under paragraph (1) shall 

        include estimates (and a brief explanation of the basis of the 

        estimates) of--

                  (A) the total amount of direct costs of complying with 

                the Federal private sector mandates in the bill or joint 

                resolution; and

                  (B) the amount, if any, of increase in authorization 

                of appropriations under existing Federal financial 

                assistance programs, or of authorization of 

                appropriations for new Federal financial assistance, 

                provided by the bill or joint resolution usable by the 

                private sector for the activities subject to the Federal 

                private sector mandates.

          (3) Estimate not feasible.--If the Director determines that it 

        is not feasible to make a reasonable estimate that would be 

        required under paragraphs (1) and (2), the Director shall not 

        make the estimate, but shall report in the statement that the 

        reasonable estimate cannot be made and shall include the reasons 

        for that determination in the statement.

  (c) Legislation Falling Below the Direct Costs Thresholds.--If the 
Director estimates that the direct costs of a Federal mandate will not 
equal or exceed the thresholds specified in subsections (a) and (b), the 
Director shall so state and shall briefly explain the basis of the 
estimate.


[[Page 1082]]

sure, to the greatest extent practicable, that the Director shall 
prepare a statement as provided in this subsection or a supplemental 
statement for the bill or joint resolution in that amended form.
SEC. 425. LEGISLATION SUBJECT TO POINT OF ORDER.
  (d) Amended Bills and Joint Resolutions; Conference Reports.--If a 
bill or joint resolution is passed in an amended form (including if 
passed by one House as an amendment in the nature of a substitute for 
the text of a bill or joint resolution from the other House) or is 
reported by a committee of conference in amended form, and the amended 
form contains a Federal mandate not previously considered by either 
House or which contains an increase in the direct cost of a previously 
considered Federal mandate, then the committee of conference shall en

  (a) In General.--It shall not be in order in the Senate or the House 
of Representatives to consider--

          (1) any bill or joint resolution that is reported by a 

        committee unless the committee has published a statement of the 

        Director on the direct costs of Federal mandates in accordance 

        with section 423(f) before such consideration, except this 

        paragraph shall not apply to any supplemental statement prepared 

        by the Director under section 424(d); and

          (2) any bill, joint resolution, amendment, motion, or 

        conference report that would increase the direct costs of 

        Federal intergovernmental mandates by an amount that causes the 

        thresholds specified in section 424(a)(1) to be exceeded, 

        unless--

                  (A) the bill, joint resolution, amendment, motion, or 

                conference report provides new budget authority or new 

                entitlement authority in the House of Representatives or 

                direct spending authority in the Senate for each fiscal 

                year for such mandates included in the bill, joint 

                resolution, amendment, motion, or conference report in 

                an amount equal to or exceeding the direct costs of such 

                mandate; or

                  (B) the bill, joint resolution, amendment, motion, or 

                conference report includes an authorization for 

                appropriations in an amount equal to or exceeding the 

                direct costs of such mandate, and--

                        (i) identifies a specific dollar amount of the 

                    direct costs of such mandate for each year up to 10 

                    years during which such mandate shall be in effect 

                    under the bill, joint resolution, amendment, motion 

                    or conference report, and such estimate is 

                    consistent with the estimate determined under 

                    subsection (e) for each fiscal year;

                        (ii) identifies any appropriation bill that is 

                    expected to provide for Federal funding of the 

                    direct cost referred to under clause (i); and

                        (iii)(I) provides that for any fiscal year the 

                    responsible Federal agency shall determine whether 

                    there are insufficient appropriations for that 


[[Page 1083]]

                    fiscal year to provide for the direct

                    costs under clause (i) of such mandate, and shall 

                    (no later than 30 days after the beginning of the 

                    fiscal year) notify the appropriate authorizing 

                    committees of Congress of the determination and 


                    submit either--


    (aa) a statement that the agency has determined, based on a re-estimate 
of the direct costs of such mandate, after consultation with State, local, 
and tribal governments, that the amount appropriated is sufficient to pay 
for the direct costs of such mandate; or


    (bb) legislative recommendations for either implementing a less costly 
mandate or making such mandate ineffective for the fiscal year;

                        (II) provides for expedited procedures for the 

                    consideration of the statement or legislative 

                    recommendations referred to in subclause (I) by 

                    Congress no later than 30 days after the statement 

                    or recommendations are submitted to Congress; and


                        (III) provides that such mandate shall--


    (aa) in the case of a statement referred to in subclause (I)(aa), cease 
to be effective 60 days after the statement is submitted unless Congress 
has approved the agency's determination by joint resolution during the 60-
day period;


    (bb) cease to be effective 60 days after the date the legislative 
recommendations of the responsible Federal agency are submitted to Congress 
under subclause (I)(bb) unless Congress provides otherwise by law; or


    (cc) in the case that such mandate that has not yet taken effect, 
continue not to be effective unless Congress provides otherwise by law.


[[Page 1084]]

  (b) Rule of Construction.--The provisions of subsection (a)(2)(B)(iii) 
shall not be construed to prohibit or otherwise restrict a State, local, 
or tribal government from voluntarily electing to remain subject to the 
original Federal intergovernmental mandate, complying with the 
programmatic or financial responsibilities of the original Federal 
intergovernmental mandate and providing the funding necessary consistent 
with the costs of Federal agency assistance, monitoring, and 
enforcement.

  (c) Committee on Appropriations.--

          (1) Application.--The provisions of subsection (a)--

                  (A) shall not apply to any bill or resolution reported 

                by the Committee on Appropriations of the Senate or the 

                House of Representatives; except

                  (B) shall apply to--

                        (i) any legislative provision increasing direct 

                    costs of a Federal intergovernmental mandate 

                    contained in any bill or resolution reported by the 

                    Committee on Appropriations of the Senate or House 

                    of Representatives;

                        (ii) any legislative provision increasing direct 

                    costs of a Federal intergovernmental mandate 

                    contained in any amendment offered to a bill or 

                    resolution reported by the Committee on 

                    Appropriations of the Senate or House of 

                    Representatives;

                        (iii) any legislative provision increasing 

                    direct costs of a Federal intergovernmental mandate 

                    in a conference report accompanying a bill or 

                    resolution reported by the Committee on 

                    Appropriations of the Senate or House of 

                    Representatives; and

                        (iv) any legislative provision increasing direct 

                    costs of a Federal intergovernmental mandate 

                    contained in any amendments in disagreement between 

                    the two Houses to any bill or resolution reported by 

                    the Committee on Appropriations of the Senate or 

                    House of Representatives.

          (2) Certain provisions stricken in senate.--Upon a point of 

        order being made by any Senator against any provision listed in 

        paragraph (1)(B), and the point of order being sustained by the 

        Chair, such specific provision shall be deemed stricken from the 

        bill, resolution, amendment, amendment in disagreement, or 

        conference report and may not be offered as an amendment from 

        the floor.


[[Page 1085]]

  (d) Determinations of Applicability to Pending Legislation.--For 
purposes of this section, in the Senate, the presiding officer of the 
Senate shall consult with the Committee on Governmental Affairs, to the 
extent practicable, on questions concerning the applicability of this 
part to a pending bill, joint resolution, amendment, motion, or 
conference report.

  (e) Determinations of Federal Mandate Levels.--For purposes of this 
section, in the Senate, the levels of Federal mandates for a fiscal year 
shall be determined based on the estimates made by the Committee on the 
Budget.
SEC. 426. PROVISIONS RELATING TO THE HOUSE OF REPRESENTATIVES.

  (a) Enforcement in the House of Representatives.--It shall not be in 
order in the House of Representatives to consider a rule or order that 
waives the application of section 425.

  (b) Disposition of Points of Order.--

          (1) Application to the house of representatives.--This 

        subsection shall apply only to the House of Representatives.

          (2) Threshold burden.--In order to be cognizable by the Chair, 

        a point of order under section 425 or subsection (a) of this 

        section must specify the precise language on which it is 

        premised.

          (3) Question of consideration.--As disposition of points of 

        order under section 425 or subsection (a) of this section, the 

        Chair shall put the question of consideration with respect to 

        the proposition that is the subject of the points of order.

          (4) Debate and intervening motions.--A question of 

        consideration under this section shall be debatable for 10 

        minutes by each Member initiating a point of order and for 10 

        minutes by an opponent on each point of order, but shall 

        otherwise be decided without intervening motion except one that 

        the House adjourn or that the Committee of the Whole rise, as 

        the case may be.

          (5) Effect on amendment in order as original text.--The 

        disposition of the question of consideration under this 

        subsection with respect to a bill or joint resolution shall be 

        considered also to determine the question of consideration under 

        this subsection with respect to an amendment made in order as 

        original text.
SEC. 427. REQUESTS TO THE CONGRESSIONAL BUDGET OFFICE FROM SENATORS.


[[Page 1086]]

SEC. 428. CLARIFICATION OF APPLICATION.
  At the written request of a Senator, the Director shall, to the extent 
practicable, prepare an estimate of the direct costs of a Federal 
intergovernmental mandate contained in an amendment of such Senator.

  (a) In General.--This part applies to any bill, joint resolution, 
amendment, motion, or conference report that reauthorizes 
appropriations, or that amends existing authorizations of 
appropriations, to carry out any statute, or that otherwise amends any 
statute, only if enactment of the bill, joint resolution, amendment, 
motion, or conference report--

          (1) would result in a net reduction in or elimination of 

        authorization of appropriations for Federal financial assistance 

        that would be provided to State, local, or tribal governments 

        for use for the purpose of complying with any Federal 

        intergovernmental mandate, or to the private sector for use to 

        comply with any Federal private sector mandate, and would not 

        eliminate or reduce duties established by the Federal mandate by 

        a corresponding amount; or

          (2) would result in a net increase in the aggregate amount of 

        direct costs of Federal intergovernmental mandates or Federal 

        private sector mandates other than as described in paragraph 

        (1).

  (b) Direct Costs.--

          (1) In general.--For purposes of this part, the direct cost of 

        the Federal mandates in a bill, joint resolution, amendment, 

        motion, or conference report that reauthorizes appropriations, 

        or that amends existing authorizations of appropriations, to 

        carry out a statute, or that otherwise amends any statute, means 

        the net increase, resulting from enactment of the bill, joint 

        resolution, amendment, motion, or conference report, in the 

        amount described under paragraph (2)(A) over the amount 

        described under paragraph (2)(B).

          (2) Amounts.--The amounts referred to under paragraph (1) 

        are--

                  (A) the aggregate amount of direct costs of Federal 

                mandates that would result under the statute if the 

                bill, joint resolution, amendment, motion, or conference 

                report is enacted; and

                  (B) the aggregate amount of direct costs of Federal 

                mandates that would result under the statute if the 

                bill, joint resolution, amendment, motion, or conference 

                report were not enacted.

          (3) Extension of authorization of appropriations.--For 

        purposes of this section, in the case of legislation to extend 

        authorization of appropriations, the authorization level that 


[[Page 1087]]

        would be provided by the

        extension shall be compared to the authorization level for the 

        last year in which authorization of appropriations is already 


        provided.

  Part B of title IV was added by the Unfunded Mandates Reform Act of 
1995 (sec. 101(a), P.L. 104-4; 109 Stat. 50-60). That Act explicitly 
declared that the new part was enacted as an exercise of congressional 
rulemaking powers (sec. 108; 109 Stat. 63-64).


  Pursuant to section 426, a Member raising a point of order under 
section 425 or 426 must specify the precise language upon which the 
point of order is based (see e.g., May 23, 1996, p. 12283; May 14, 2008, 
p. _), and the content of estimates prepared under section 424 is a 
matter for debate (June 8, 2006, p _). A point of order under section 
426 raised against consideration of a resolution providing a special 
order of business must specify the precise language upon which the point 
of order is based (see e.g., June 10, 1998 p. 11853; June 26, 2001, p. 
11906), which may include a waiver of points of order against amendments 
(Jan. 28, 2009, p. _), must be made when the special order is called up 
and comes too late after the resolution has been adopted (July 18, 1996, 
p. 17668), and may be raised against a resolution that, by hereby 
adopting legislative text, effectively waives the application of section 
425 (Feb. 1, 2006, p. _). A point of order under section 425 against 
consideration of a bill is properly raised pending the Speaker's 
declaration that the House resolve into the Committee of the Whole for 
such consideration (Oct. 29, 1997, p. 23712). A statutorily privileged 
joint resolution of approval may be subject to a point of order under 
section 425 (May 8, 2002, p. 7145). Debate on the point of order is on 
the question of considering the underlying text that is the subject of 
the point of order (May 14, 2008, p. _). The Members controlling debate 
on the point of order may reserve their time (Mar. 28, 1996, p. 6932), 
and a manager of a measure who controls time for debate against the 
point of order has the right to close debate (June 10, 1998, p. 11854). 
Under clause 11 of rule XVIII an amendment may be offered in the 
Committee of the Whole that proposes only to strike an unfunded mandate 
unless precluded by specific terms of a special order of the House 
(Sec. 991, supra).


* * * * *

                TITLE VII--PROGRAM REVIEW AND EVALUATION


         continuing study of additional budget reform proposals


[[Page 1088]]

  Sec. 703. (a) The Committees on the Budget of the House of 
Representatives and the Senate shall study on a continuing basis 
proposals designed to improve and facilitate methods of congressional 
budgetmaking. The proposals to be studied shall include, but are not 
limited to, proposals for--

          (1) improving the information base required for determining 

        the effectiveness of new programs by such means as pilot 

        testing, survey research, and other experimental and analytical 

        techniques;

          (2) improving analytical and systematic evaluation of the 

        effectiveness of existing programs;

          (3) establishing maximum and minimum time limitations for 

        program authorization; and

          (4) developing techniques of human resource accounting and 

        other means of providing noneconomic as well as economic 

        evaluation measures.

  (b) The Committee on the Budget of each House shall, from time to 
time, report to its House the results of the study carried on by it 
under subsection (a), together with its recommendations.


  (c) Nothing in this section shall preclude studies to improve the 
budgetary process by any other committee of the House of Representatives 
or the Senate or any joint committee of the Congress.
* * * * *


* * * * *

           TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES


                      exercise of rulemaking powers

  Sec. 904. (a) The provisions of this title and of titles I, III, IV, 
and V and the provisions of sections 701, 703, and 1017 are enacted by 
the Congress--

          (1) as an exercise of the rulemaking power of the House of 

        Representatives and the Senate, respectively, and as such they 

        shall be considered as part of the rules of each House, 

        respectively, or of that House to which they specifically apply, 

        and such rules shall supersede other rules only to the extent 

        that they are inconsistent therewith; and

          (2) with full recognition of the constitutional right of 

        either House to change such rules (so far as relating to such 

        House) at any time, in the same manner, and to the same extent 


        as in the case of any other rule of such House.


[[Page 1089]]

voting, a quorum being present, or by the unanimous consent of the 
Senate.

  (b) Any provision of title III or IV may be waived or suspended in the 
Senate by a majority vote of the Members

  (c) Waivers.--

          (1) Permanent.--Sections 305(b)(2), 305(c)(4), 306, 310(d)(2), 

        313, 904(c), and 904(d) of this Act may be waived or suspended 

        in the Senate only by the affirmative vote of three-fifths of 

        the Members, duly chosen and sworn.

          (2) Temporary.--Sections 301(i), 302(c), 302(f), 310(g), 

        311(a), 312(b), and 312(c) of this Act and sections 

        258(a)(4)(C), 258A(b)(3)(C)(I), 258B(f)(1), 258B(h)(1), 

        258(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and 

        Emergency Deficit Control Act of 1985 may be waived or suspended 

        in the Senate only by the affirmative vote of three-fifths of 


        the Members, duly chosen and sworn.

  (d) Appeals.--

          (1) Procedure.--Appeals in the Senate from the decisions of 

        the Chair relating to any provision of title III or IV or 

        section 1017 shall, except as otherwise provided therein, be 

        limited to 1 hour, to be equally divided between, and controlled 

        by, the mover and the manager of the resolution, concurrent 

        resolution, reconciliation bill, or rescission bill, as the case 

        may be.

          (2) Permanent.--An affirmative vote of three-fifths of the 

        Members, duly chosen and sworn, shall be required in the Senate 

        to sustain an appeal of the ruling of the Chair on a point of 

        order raised under sections 305(b)(2), 305(c)(4), 306, 

        310(d)(2), 313, 904(c), and 904(d) of this Act.

          (3) Temporary.--An affirmative vote of three-fifths of the 

        Members, duly chosen and sworn, shall be required in the Senate 

        to sustain an appeal of the ruling of the Chair on a point of 

        order raised under sections 301(i), 302(c), 302(f), 310(g), 

        311(a), 312(b), and 312(c) of this Act and sections 

        258(a)(4)(C), 258A(b)(3)(C)(I), 258B(f)(1), 258B(h)(1), 

        258(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and 

        Emergency Deficit Control Act of 1985.


  (e) Expiration of Certain Supermajority Voting Requirements.--
Subsections (c)(2) and (d)(3) shall expire on September 30, 2002.


[[Page 1090]]

authority contained in clause 5 of rule XIII (former clause 4(b) of rule 
XI) to report on rules and the order of business, the Rules Committee 
may report as privileged a resolution recommending the temporary waiver 
of the provisions of section 401 of the Congressional Budget Act during 
the consideration of designated legislation in the House (Speaker 
Albert, Mar. 20, 1975, p. 7676). A point of order against consideration 
of a resolution reported from the Rules Committee providing for 
consideration of a concurrent resolution on the budget does not lie 
based upon alleged violation of a statute that merely reaffirms the 
congressional commitment towards achieving balanced Federal budgets 
(P.L. 96-389), because the statute does not constitute a rule of the 
House and because section 904 of the Budget Act acknowledges the 
constitutional authority of either House to change its rules at any time 
(June 10, 1982, pp. 13352, 13353). A unanimous-consent agreement that 
only permits a (nonprivileged) bill to be considered in the House before 
three-day availability of the report thereon, but that does not 
specifically waive points of order against consideration, does not 
preclude a point of order against consideration of the bill when called 
up based upon an alleged violation of the Budget Act (Feb. 4, 1982, p. 
845).


  Section 904 was amended by the Budget Enforcement Act of 1997 (sec. 
10119, P.L. 105-33) to clarify points of order in the Senate that may be 
waived by a supermajority vote. Pursuant to this section, and under its