CBA (Contents)
Congressional Budget Act of 1974
Section 301
TITLE III – CONGRESSIONAL BUDGET PROCESS
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 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 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.
(b) Additional Matters in the 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 guarantee commitment levels.
(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 amendment or amendments changing or striking out any such procedure or matter.
(d) Views and Estimates of Other Committees.[1]—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,[2] 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.
(e) Hearings and Report.—[3]
(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 appropriate representatives 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 goal 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 reports.—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 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.
(f) Achievement of Goals for Reducing Unemployment.—
(1) If, pursuant to section 4(c) of the Employment Act of 1946,[4][5] the President recommends in the Economic Report that the goals for reducing unemployment set forth in section 4(b)[6] 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 also proposes to alter the estimates, 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 of 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 Committees 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.
(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.
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COUNSEL NOTES
Codification
This section is classified in the U.S. Code as 2 U.S.C. 632.
Endnotes
[1] See Rule X, clauses 4(f) and 11(c)(3), House Rules and Manual, in this section, infra.
[2] Rule X clause 4 of the 114th Congress. House Rules and Manual § 756 (2015):
The deadline for submitting views and estimates to the Budget Committee has changed several times (Balanced Budget and Emergency Deficit Control Act of 1985, sec. 232(c), P.L. 99–177; Budget Enforcement Act of 1997, sec. 10104, P.L. 105–33; H. Res. 5, 106th Cong., Jan. 6, 1999, p. 47).
[3] A paragraph (10) was added to subsection (b) by section 5302 of Pub. L. 100-418, but it was limited in duration and expired after fiscal year 1992.
Subsection (e) was generally reorganized by section 10105 of the Budget Enforcement Act of 1997, dividing the contents of the report between required contents in paragraph (2) and optional contents in paragraph (3).
[4] Section (4)(b) from the “Employment Act of 1946”:
“(c) Achievement of full employment, balanced budget, zero inflation rate, and 20 per centum level of Federal outlays as a proportion of gross national product for succeeding Economic Reports.—
“(1) Upon achievement of the 3 and 4 per centum goals specified in subsection (b)(1) of this section, each succeeding Economic Report shall have the goal of achieving as soon as practicable and maintaining thereafter full employment and a balanced budget.
“(2) Upon achievement of the 3 per centum goal specified in subsection (b)(2) of this section, each succeeding Economic Report shall have the goal of achieving by 1988 a rate of inflation of zero per centum: Provided, That policies and programs for reducing the rate of inflation shall be designed so as not to impede achievement of the goals and timetables specified in clause (1) of this subsection for the reduction of unemployment.
“(3) Upon achievement of the 20 per centum goal specified in subsection (b)(3) of this section, each succeeding Economic Report shall have the goal of establishing the share of an expanding gross national product accounted for by Federal outlays at a level of 20 per centum or less, or the lowest level consistent with national needs and priorities: Provided, That policies and programs for achieving the goal specified in this clause shall be designed so as not to impede achievement of the goals and timetables specified in subsection (b)(1) of this section for the reduction of unemployment.
[5] The following is from Section (4)(b) from the “Employment Act of 1946:”
“(c) Achievement of full employment, balanced budget, zero inflation rate, and 20 per centum level of Federal outlays as a proportion of gross national product for succeeding Economic Reports.—
“(1) Upon achievement of the 3 and 4 per centum goals specified in subsection (b)(1) of this section, each succeeding Economic Report shall have the goal of achieving as soon as practicable and maintaining thereafter full employment and a balanced budget.
“(2) Upon achievement of the 3 per centum goal specified in subsection (b)(2) of this section, each succeeding Economic Report shall have the goal of achieving by 1988 a rate of inflation of zero per centum: Provided, That policies and programs for reducing the rate of inflation shall be designed so as not to impede achievement of the goals and timetables specified in clause (1) of this subsection for the reduction of unemployment.
“(3) Upon achievement of the 20 per centum goal specified in subsection (b)(3) of this section, each succeeding Economic Report shall have the goal of establishing the share of an expanding gross national product accounted for by Federal outlays at a level of 20 per centum or less, or the lowest level consistent with national needs and priorities: Provided, That policies and programs for achieving the goal specified in this clause shall be designed so as not to impede achievement of the goals and timetables specified in subsection (b)(1) of this section for the reduction of unemployment.
[6] Section (4)(b) from the “Employment Act of 1946:”
“(b) Interim numerical goals for initial Economic Reports.—The medium-term goals in the first three Economic Reports and, subject to the provisions of subsection (d) of this section, in each Economic Report thereafter shall include (as part of the five-year goals in each Economic Report) interim numerical goals for—
“(1) reducing the rate of unemployment, as set forth pursuant to section 1022(d) of this t, to not more than 3 per centum among individuals aged twenty and over and 4 per centum among individuals aged sixteen and over within a period not extending beyond the fifth calendar year after the first such Economic Report;
“(2) reducing the rate of inflation, as set forth pursuant to section 1022(e) of this title, to not more than 3 per centum within a period not extending beyond the fifth calendar year after the first such Economic Report: Provided, That policies and programs for reducing the rate of inflation shall be designed so as not to impede achievement of the goals and timetables specified in clause (1) of this subsection for the reduction of unemployment; and
“(3) reducing the share of the Nation’s gross national product accounted for by Federal outlays to 21 per centum or less by 1981, and to 20 per centum or less by 1983 and thereafter, or the lowest level consistent with national needs and priorities: Provided, That policies and programs for achieving the goal specified in this clause shall be designed so as not to impede achievement of the goals and timetables specified in clause (1) of this subsection for the reduction of unemployment.
“For purposes of this subsection, the first Economic Report shall be the Report issued in the first calendar year after October 27, 1978.
SECTION 301, AS ENACTED
This section was enacted as section 301 of the Congressional Budget and Impoundment Control Act of 1974 (Pub. L. 93-344) and signed into law on July 12, 1974.
Views and Estimates Under Section 301(d)
See BCR section on Views and Estimates.
The Views and Estimates are documents section 301 of the Congressional Budget Act of 1974 requires the committees of Congress send to the Congressional Budget Committee as part of budget process, and used in the preparation of the annual (theoretically) budget resolution. These documents are similar legislative measure insofar as they are subject to amendment, and voted on by the Committees.
While committees are made aware of the requirements, it is common knowledge that they do no always comply. If it is discovered that they have not brought their views and estimates to a vote, but rather were sent without common consent of the Committee, then they are not supposed to be included in the Committee Print that the Budget Committees make public each year.
References
LEGISLATIVE HISTORY NOTES
Public Laws
Pub. L. 93–344, title III, §301, July 12, 1974, 88 Stat. 306 (Congressional Budget and Impoundment Control Act of 1974). This law first set subsection 301 in law.
Pub. L. 95–523, title III, §§303(a), 304, Oct. 27, 1978, 92 Stat. 1905 , 1906 (Full Employment and balanced Growth Act of 1978), added subsection (e) which requires a single set of economic assumptions for concurrent resolutions on the budget.
Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1040 (Balanced Budget and Emergency Deficit Control Act of 1985).
Pub. L. 100–119, title I, §106(d), title II, §208(a), Sept. 29, 1987, 101 Stat. 781, 786 (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987).
Pub. L. 100–418, title V, §5302, Aug. 23, 1988, 102 Stat. 1462 (Omnibus Trade and Competitiveness Act of 1988) added a new paragraph to subsection (e), later amended.
Pub. L. 101–508, title XIII, §§13112(a)(5), 13203, 13204, 13301(b), 13303(a), (b), Nov. 5, 1990, 104 Stat. 1388–608 , 1388-615, 1388-616, 1388-623, 1388-625 (Budget Enforcement Act of 1990).
Pub. L. 104–4, title I, §102(2), Mar. 22, 1995, 109 Stat. 62 (Unfunded Mandates Reform Act of 1996).
Pub. L. 105–33, title X, §10105(a)–(f)(1), Aug. 5, 1997, 111 Stat. 679 , 680 (Budget Enforcement Act of 1997).
Pub. L. 113–67, div. A, title I, §122(1), (2), Dec. 26, 2013, 127 Stat. 1175 (Bipartisan Budget Act of 2013) made technical changes.
References in Text
The “Social Security Act”, referred to in subsection (a), is the Social Security Act of 1935 and was enacted Pub. L. 74-271, August 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social Security Act is classified generally to subchapter II (§401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare.[1]
The Internal Revenue Code of 1986, referred to in Subsections (a) and (i), is classified generally to Title 26, Internal Revenue Code.
When the section refers to “this Act” in subsection (b)(4), it means the Congressional Budget and Impoundment Control Act of 1974, which was enacted as Pub. L. 93–344, July 12, 1974, 88 Stat. 297, as amended. This Act:
- Enacted chapters 17, 17A and 17B, and section 190a–3 of Title 2, The Congress, and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance;
- Amended sections 11, 665, 701, 1020, 1151, 1152, 1153 and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190b and 190d of Title 2, The Congress;
- Repealed sections 571 and 581c–1 of former Title 31 and sections 66 and 81 of Title 2, The Congress; and
- Enacted provisions set out as notes under sections 190a–1, 621, 632, and 682 of Title 2, The Congress, section 105 of Title 1, and section 1020 of former Title 31.
For complete classification of this Act to the Code, see Short Title note set out under section 6215 of Title 2, The Congress, and Tables.
The “Employment Act of 1946”, referred to in Subsection (d), was enacted as Pub. L. 79-304 on Feb. 20, 1946. The Act (79th Congress, 2nd Session – Ch. 32 and Ch. 33, 60 Stat. 23), as amended, is classified generally to chapter 21 (§1021 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1021 of Title 15.
The Congressional Budget Act of 1974, referred to in Subsection (g)(3), is titles I through IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297, as amended. Titles III and IV of the Act are classified generally to this subchapter (§631 et seq.) and subchapter II (§651 et seq.) of this Chapter 17A (Congressional Budget and Fiscal Operations). For classification of this Act to the Code, see Short Title note set out under section 621 of title 2 of the U.S. Code[2].
Codification
Section was formerly classified to section 1322 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97–258, §1, Sept. 13, 1982, 96 Stat. 877.
Amendments
2013
Subsection (a).
Pub. L. 113–67, §122(2) (Bipartisan Budget Act of 2013 (BBA 2013)) substituted “old-age” for “old age” in concluding provisions.
Subsection (a)(6) and (7).
Pub. L. 113–67, §122(1) (BBA 2013) substituted “for purposes” for “For purposes”.
1997
General.
See Sec. 10105 (BEA 1997)
Subsection (a).
Pub. L. 105–33 (Budget Enforcement Act of 1997); §10105(a); (BEA 1997), in introductory provisions, substituted “and for at least each of the 4 ensuing fiscal years” for “, and planning levels for each of the two ensuing fiscal years,”.
Subsection (a)(1) and (4).
Pub. L. 105–33 (Budget Enforcement Act of 1997); §10105(b); (BEA 1997),substituted “and outlays” for “, budget outlays, direct loan obligations, and primary loan guarantee commitments”.
Subsection (b)(7).
Pub. L. 105–33 (Budget Enforcement Act of 1997); §10105(c); (BEA 1997), added paragraph (7) and struck out former paragraph (7) that related to setting forth pay-as-you-go procedures for the Senate.
Subsection (b)(9).
Pub. L. 105–33 (Budget Enforcement Act of 1997); §10105(c)(2) and (3); (BEA 1997), added paragraph (9).
Subsection (d).
Pub. L. 105–33 (Budget Enforcement Act of 1997); §10105(d); (BEA 1997), in first sentence, inserted “or at such time as may be requested by the Committee on the Budget,” after “title 31,”.
Subsection (e).
Pub. L. 105–33 (Budget Enforcement Act of 1997); §10105(e); (BEA 1997), designated existing provisions as paragraph (1), inserted paragraph heading, added pars. (2) and (3), and struck out the (former) last sentence consisting of paragraphs (1) to (9) which contained requirements for contents of report to accompany the concurrent resolution on the budget.
Subsection (i).
Pub. L. 105–33 (Budget Enforcement Act of 1997); §10105(f)(1); (BEA 1997), inserted heading and substituted “(or amendment, motion, or conference report on the resolution)” for “as reported to the Senate”.
1995
Subsection (d).
Pub. L. 104–4 (UMRA 1996) inserted at end “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.”
1990
Subsection (a).
Pub. L. 101–508 (Budget Enforcement Act of 1990 (BEA 1990)), §13301(b), inserted at end:
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 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 subchapter.
Subsection (a)(6) and (7).
Pub. L. 101–508, §13303(a), added pars. (6) and (7).
Subsection (b)(5) and (6).
Pub. L. 101–508, §13203, added pars. (5) and (6).
Subsection (b)(7) and (8).
Pub. L. 101–508, §13204, added pars. (7) and (8).
Subsection (d).
Pub. L. 101–508, §13112(a)(5), substituted “Within 6 weeks after the President submits a budget under section 1105(a) of title 31” for “On or before February 25 of each year”.
Subsection (i).
Pub. L. 101–508, §13303(b), amended Subsection (i) generally, substituting present provisions for former provisions relating to maximum deficit amounts.
1988
Subsection (e)(10).
Pub. L. 100–418, section 5302, temporarily added paragraph (10). See Effective and Termination Dates of 1988 Amendment note below. Section 5303 (Effective Date) of that Act provided that “the amendment made by section 5302 shall be effective for fiscal years 1989, 1990, 1991, and 1992.”
1987
Subsection (g).
Pub. L. 100–119, §208(a), amended Subsection (g) generally. Prior to amendment, Subsection (g) read as follows:
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.
Subsection (i)(2).
Pub. L. 100–119, §106(d), designated existing provisions as subparagraph (A) and added subparagraphs (B) and (C).
1985
Pub. L. 99–177 substituted “Adoption of concurrent resolution on the budget” for “Adoption of first concurrent resolution” in section catchline.
Subsection (a).
Pub. L. 99–177 amended Subsection (a) generally, substituting provisions relating to content of concurrent resolution on the budget, for provisions relating to action required to be completed by May 15 of each year.
Subsection (b).
Pub. L. 99–177 amended Subsection (b) generally, inserting provisions relating to achievement of goals for reducing unemployment and provisions relating to reconciliation directives described in section 641 of Title 2, The Congress.
Subsection (c).
Pub. L. 99–177 amended Subsection (c) generally, substituting provisions relating to consideration of procedures or matters which have the effect of changing any rule of the House of Representatives, for provisions relating to submission on or before March 15 of each year of the views and estimates of other committees.
Subsection (d).
Pub. L. 99–177 amended Subsection (d) generally, substituting provisions relating to views and estimates of other committees, for provisions relating to hearings and report in developing the first concurrent resolution on the budget.
Subsection (e).
Pub. L. 99–177 amended Subsection (e) generally, substituting provisions relating to hearings and report in developing the concurrent resolution on the budget, for provisions relating to achievement of goals for reducing unemployment.
Subsections. (f) to (i).
Pub. L. 99–177, §§201(b), 275(b)(2)(B), in amending section generally, added Subsections. (f) to (i).
1978
Subsection (a)(6) and (7).
Pub. L. 95–523, §304(a). Public Law 95-523 renumbered original paragraph (6) of subsection (a) as paragraph (7), and inserted new paragraph (6) relating to the calendar year in which goals for reducing unemployment under the Employment Act should be achieved.
Subsection (d).
Pub. L. 95–523, §303(a), which directed insertion in Subsection (c) provisions relating to consideration by the Committee on the Budget of each House respecting short-term and medium-term goals set forth in the Joint Economic Committee report and the reflection of its views in its report and insertion of “also” after “concurrent resolution shall” was executed to Subsection (d) to reflect the probable intent of Congress.
Subsection (e).
Pub. L. 95–523, §304(b), added Subsection (e).
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–4 effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of Title 2, The Congress, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Pub. L. 104–4, set out as an Effective Date note under section 1511 of Title 2, The Congress.
Effective Date of 1990 Amendment
Pub. L. 101–508, title XIII, §13306, Nov. 5, 1990, 104 Stat. 1388–628 (BEA 1990) provided that:
Sec. 13306. Effective date.
“Sections 13301, 13302, and 13303 and any amendments made by such sections[3] shall apply with respect to fiscal years beginning on or after October 1, 1990. Section 13304 [amending section 401 of Title 42, The Public Health and Welfare] shall be effective for annual reports of the Board of Trustees issued in or after calendar year 1991.”
Effective and Termination Dates of 1988 Amendment
Amendment by Pub. L. 100–418 effective for fiscal years 1989, 1990, 1991, and 1992, see section 5303 of Pub. L. 100–418, set out as a note under section 1105 of Title 31, Money and Finance.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–177 effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of Pub. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of Title 2, The Congress, prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246 .
Exclusion of Social Security From All Budgets
Pub. L. 101–508, title XIII, §13301(a), Nov. 5, 1990, 104 Stat. 1388–623 (BEA 1990), provided that:
Sec. 13301. Off-budget status of oasdi trust funds.
“Notwithstanding any other provision of law, the receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-
“(1) the budget of the United States Government as submitted by the President,
“(2) the congressional budget, or
“(3) the Balanced Budget and Emergency Deficit Control Act of 1985.”
Protection of OASDI Trust Funds in House of Representatives
Pub. L. 101–508, title XIII, §13302, Nov. 5, 1990, 104 Stat. 1388–623 (BEA 1990), provided that:
Sec. 13302. Protection of OASDI Trust Funds in the House of Representatives.
(a) In General.—It shall not be in order in the House of Representatives to consider any bill or joint resolution, as reported, or any amendment thereto or conference report thereon, if, upon enactment-
“(1)(A) such legislation under consideration would provide for a net increase in OASDI benefits of at least 0.02 percent of the present value of future taxable payroll for the 75-year period utilized in the most recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security Act [42 U.S.C. 401(c)(2)], and (B) such legislation under consideration does not provide at least a net increase, for such 75-year period, in OASDI taxes of the amount by which the net increase in such benefits exceeds 0.02 percent of the present value of future taxable payroll for such 75-year period,
“(2)(A) such legislation under consideration would provide for a net increase in OASDI benefits (for the 5-year estimating period for such legislation under consideration), (B) such net increase, together with the net increases in OASDI benefits resulting from previous legislation enacted during that fiscal year or any of the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, exceeds $250,000,000, and (C) such legislation under consideration does not provide at least a net increase, for the 5-year estimating period for such legislation under consideration, in OASDI taxes which, together with net increases in OASDI taxes resulting from such previous legislation which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, equals the amount by which the net increase derived under subparagraph (B) exceeds $250,000,000;
“(3)(A) such legislation under consideration would provide for a net decrease in OASDI taxes of at least 0.02 percent of the present value of future taxable payroll for the 75-year period utilized in the most recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security Act, and (B) such legislation under consideration does not provide at least a net decrease, for such 75-year period, in OASDI benefits of the amount by which the net decrease in such taxes exceeds 0.02 percent of the present value of future taxable payroll for such 75-year period, or
“(4)(A) such legislation under consideration would provide for a net decrease in OASDI taxes (for the 5-year estimating period for such legislation under consideration), (B) such net decrease, together with the net decreases in OASDI taxes resulting from previous legislation enacted during that fiscal year or any of the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, exceeds $250,000,000, and (C) such legislation under consideration does not provide at least a net decrease, for the 5-year estimating period for such legislation under consideration, in OASDI benefits which, together with net decreases in OASDI benefits resulting from such previous legislation which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, equals the amount by which the net decrease derived under subparagraph (B) exceeds $250,000,000.
(b) Application.—In applying paragraph (3) or (4) of subsection (a), any provision of any bill or joint resolution, as reported, or any amendment thereto, or conference report thereon, the effect of which is to provide for a net decrease for any period in taxes described in subsection (c)(2)(A) shall be disregarded if such bill, joint resolution, amendment, or conference report also includes a provision the effect of which is to provide for a net increase of at least an equivalent amount for such period in medicare taxes.
(c) Definitions.—For purposes of this subsection:
(1) The term ‘OASDI benefits’ means the benefits under the old-age, survivors, and disability insurance programs under title II of the Social Security Act [42 U.S.C. 401 et seq.].
(2) The term ‘OASDI taxes’ means—
“(A) the taxes imposed under sections 1401(a), 3101(a), and 3111(a) of the Internal Revenue Code of 1986 [26 U.S.C. 1401(a), 3101(a), 3111(a)], and
“(B) the taxes imposed under chapter 1 of such Code [26 U.S.C. 1 et seq.] (to the extent attributable to section 86 of such Code [26 U.S.C. 86]).
(3) The term ‘medicare taxes’ means the taxes imposed under sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue Code of 1986.
(4) The term ‘previous legislation’ shall not include legislation enacted before fiscal year 1991.
(5) The term ‘5-year estimating period’ means, with respect to any legislation, the fiscal year in which such legislation becomes or would become effective and the next 4 fiscal years.
(6) No provision of any bill or resolution, or any amendment thereto or conference report thereon, involving a change in chapter 1 of the Internal Revenue Code of 1986 shall be treated as affecting the amount of OASDI taxes referred to in paragraph (2)(B) unless such provision changes the income tax treatment of OASDI benefits.”
Balanced Federal Budgets; Congressional Budget Committee Reports by April 15, 1979, 1980, and 1981, of Balanced Fiscal Year Budgets for 1981 and 1982
Pub. L. 96–5, §5, Apr. 2, 1979, 93 Stat. 8, which provided that Congress shall balance the Federal budget, that the Budget Committees were to report, by April 15, 1979, a fiscal year budget for 1981 that would be in balance, and also a fiscal year budget for 1982 that would be in balance, and by April 15, 1980, a fiscal year budget for 1981 that would be in balance, and by April 15, 1981, a fiscal year budget for 1982 that would be in balance, and that the Budget Committees were to show the consequences of each budget on each budget function and on the economy, setting forth the effects on revenues, spending, employment, inflation, and national security, was repealed by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068.
Application of Congressional Budget Process to
Fiscal Year Beginning July 1, 1975
Pub. L. 93–344, title IX, §906, July 12, 1974, 88 Stat. 332 provided for application of provisions of this subchapter and sections 602(f), 651, and 652 of Title 2, The Congress, with respect to the fiscal year beginning July 1, 1975, to the extent agreed to by the Committees on the Budget of the House of Representatives and the Senate, prior to repeal by Pub. L. 105–33, title X, §10120(a), Aug. 5, 1997, 111 Stat. 696.
Standing Rules of the House of Representatives
Rule XXI clause 4
§ 756 Budget Act responsibilities
(f)(1) Each standing committee shall submit to the Committee on the Budget not later than six weeks after the submission of the budget by the President, or at such time as the Committee on the Budget may request—
(A) its views and estimates with respect to all matters to be set forth in the concurrent resolution on the budget for the ensuing fiscal year that are within its jurisdiction or functions; and
(B) an estimate of the total amounts of new budget authority, and budget outlays resulting therefrom, to be provided or authorized in all bills and resolutions within its jurisdiction that it intends to be effective during that fiscal year.
(2) The views and estimates submitted by the Committee on Ways and Means under subparagraph (1) shall include a specific recommendation, made after holding public hearings, as to the appropriate level of the public debt that should be set forth in the concurrent resolution on the budget.
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Rule XXI clause 11 of the 114th Congress
House Rules and Manual (2015)]
§ 785 Permanent Select Committee on Intelligence
[…]
(3) Within six weeks after the President submits a budget under section 1105(a) of title 31, United States Code, or at such time as the Committee on the Budget may request, the select committee shall submit to the Committee on the Budget the views and estimates described in section 301(d) of the Congressional Budget Act of 1974 regarding matters within the jurisdiction of the select committee.
[1] For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
[2] Section 621 from the U.S. Code (“Short Title” from Notes on the section):
Pub. L. 93–344, §1(a), July 12, 1974, 88 Stat. 297 , as amended by Pub. L. 104–130, §4(a), Apr. 9, 1996, 110 Stat. 1211 , provided that: “This Act [enacting chapters 17, 17A and 17B, and section 190a–3 of Title 2, The Congress, and sections 11a, 11c, 11d, and 1020a of former Title 31, amending section 105 of Title 1, General Provisions, sections 190b and 190d of Title 2, The Congress, and sections 11, 665, 701, 1020, and 1151, 1152, 1153, and 1154 of former Title 31, repealing sections 66 and 81 of Title 2, The Congress, and sections 571 and 581c–1 of former Title 31, and enacting provisions set out as notes under sections 190a–1, 621, 632, and 682 of Title 2, The Congress, section 105 of Title 1, General Provisions, and 1020 of former Title 31] may be cited as the ‘Congressional Budget and Impoundment Control Act of 1974’. Titles I through IX may be cited as the ‘Congressional Budget Act of 1974’, and title X [enacting chapter 17B of Title 2, The Congress,] may be cited as the ‘Impoundment Control Act of 1974’.”
[Amendment of section 1(a) of Pub. L. 93–344, set out above, by Pub. L. 104–130 [Line Item Veto Act of 1996] was reversed pursuant to section 5 of that Act, set out as an Effective and Termination Dates note under section 691 of Title 2, The Congress.]
Pub. L. 93–344, title V, §500, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–609 provided that: “This title [enacting subchapter III of this chapter] may be cited as the ‘Federal Credit Reform Act of 1990’.”
[3] These sections of the Budget Enforcement Act of 1990 amended this section and sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 2 U.S.C. 642) enacting provisions set out as notes under this 2 U.S.C. 632.
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[BCR § 111]
Budget Counsel 