239

240

243

reported under section 301(a)239 for a fiscal year, it shall not be in order240 in the Senate to consider any bill,241 joint resolution, amendment,242 motion, or conference report, that provides for budget outlays,' new budget authority,2 or new spending authority (as defined in section 401(c)(2))247 or new credit authority248 in excess of

246

See supra pp. 46-51.

245

See, e.g., 132 CONG. REC. S14,716 (1986); Senate Precedent PRL19861002-003 (Oct. 2, 1986) (amendment causing allocation to Agriculture Subcommittee to be exceeded ruled out of order); 132 CONG. REC. S14,410 (1986); Senate Precedent PRL19861001-002 (Oct. 1, 1986) (amendment causing allocation to be exceeded ruled out of order).

Congressional Budget Act prohibitions are not self-enforcing, and require points of order from the floor for their enforcement. Cf. infra note 273 (regarding section 303(a)).

241 Because section 302(f) does not contain the words "as reported" here, points of order under section 302(f) will apply to bills and resolutions as amended by amendments against which points of order would lie under section 302(f). Cf. infra note 488 (regarding the meaning of "as reported" in section 311(a)).

242 An amendment is subject to points of order under the Congressional Budget Act even if the Senate has specified by unanimous consent that the amendment is one of the amendments in order and the yeas and nays have been ordered. Cf. infra note 275 (regarding section 303).

243 Section 13207(a)(1)(B) of the Budget Enforcement Act struck the words "bill or resolution (including a conference report thereon), or any amendment to a bill or resolution" here and inserted "bill, joint resolution, amendment, motion, or conference report." See infra p. 639.

244 Senate Budget Committee staff have advised (for example, in August 1990) that legislation will "provide[] for budget outlays or new budget authority in excess of the appropriate allocation" if it will, when added other legislation passed by the Senate, cause the appropriate allocation to be exceeded. Senate Budget Committee staff will not add into that calculation other legislation merely reported by a committee that the Senate has not passed.

245

Section 3(1) defines "budget outlays." See supra p. 11.

A point of order lies under section 302(f) against an amendment that would increase outlays above the appropriate allocation by increasing an obligation ceiling. 132 CONG. REC. S13,521-23 (1986); Senate Precedent PRL19860924-001 (Sept. 24, 1986) (LEGIS, Rules database).

246 Section 3(2) defines "budget authority." See supra pp. 11-13.

247 Section 13207(a)(2) of the Budget Enforcement Act added the reference to "new

(A)249 the appropriate allocation250 of such outlays or authority reported under subsection (a),2

or

251

248 Section 402(b) defines "new credit authority" (see infra p. 212), in part by reference to the definition of "credit authority" in section 3(10) (see supra p. 19).

Section 13201(b)(2) of the Budget Enforcement Act (see infra p. 629) added this reference to new credit authority for fiscal year 1991 only, as a stopgap for the period before the fiscal year 1992 effective date for the credit reform provisions of title V. See infra pp. 225-250. The words "or new credit authority" will drop from this paragraph after fiscal year 1991. See infra p. 629. Thereafter, the provision of what is now credit authority will become the provision of either budget authority or entitlement authority.

249 Section 13112(a)(7)(A) of the Budget Enforcement Act added the letter "(A)" here. See infra p. 625. Note that section 13303(c)(3) of the Budget Enforcement Act (see infra p. 670) added another subsection (A) below. See infra 80.

250 The appropriate allocation setting the ceiling may be an allocation of no dollars. See 132 CONG. REC. S13,521-23 (1986); Senate Precedent PRL19860924-001 (Sept. 24, 1986) (LEGIS, Rules database).

The Congressional Budget Act makes no exception for violations of negligible amounts. Cf. infra note 494 (regarding section 311(a)).

251 See supra pp. 70-71.

Note that a later sentence of this paragraph (see infra p. 80) exempts appropriations from the point of order under this subparagraph.

Before enactment of the Budget Enforcement Act, the point of order under this paragraph lay only against exceeding a committee's allocation to a subcommittee or program, not against exceeding the budget resolution's allocation to a committee. Section 13112(a)(7) of the Budget Enforcement Act extended the point of order to legislation that would exceed either. See infra p. 625.

Before enactment of the Budget Enforcement Act, if a committee had not yet filed its allocation under section 302(b), no point of order could lie under section 302(f), because no basis would exist on which to determine whether the Committee had exceeded its allocation. In such a case, the point of order would lie under section 302(c). 132 CONG. REC. S10,693 (1986); Senate Precedent PRL19860807-003 (Aug. 7, 1986) (LEGIS, Rules database). This precedent may have continuing application only for appropriations, which a later sentence of this paragraph (see infra p. 80) exempts from the point of order against

252

(B) 252 the appropriate allocation (if any) of such outlays or authority reported 253 under subsection (b)254 in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year

or provides for social security outlays 255 in excess of the appropriate allocation of social security outlays under subsection (a)256 for the fiscal year of the resolution or for the total of that year and the 4 succeeding fiscal years.

257

Section 13112(a)(7)(B) of the Budget Enforcement Act added the letter (B) and some of subparagraph (B) here. See infra p. 625. Note that section 13303(c)(3) of the Budget Enforcement Act (see infra p. 670) added another subsection (B) below. See infra 81.

253 Section 13112(a)(7)(B) of the Budget Enforcement Act added the words "under subsection (a), or (B) the appropriate allocation (if any) of such outlays or authority reported" here. See infra p. 625.

255 Section 301(a)(6) implicitly defines the term "social security outlays" as "outlays of the old-age, survivors, and disability insurance program established under title II of the Social Security Act." See supra note 134.

256 See supra pp. 70-71.

Note that the last sentence of this paragraph (see infra p. 80) exempts appropriations from the point of order under this subparagraph.

Before enactment of the Budget Enforcement Act, the point of order under this paragraph lay only against exceeding a committee's allocation to a subcommittee or program, not against exceeding the budget resolution's allocation to a committee. Section 13112(a)(7) of the Budget Enforcement Act extended the point of order to legislation that would exceed either. See infra p. 625.

Before enactment of the Budget Enforcement Act, if a committee had not yet filed its allocation under section 302(b), no point of order could lie under section 302(f), because no basis would exist on which to determine whether the Committee had exceeded its allocation. In such a case, the point of order would lie under section 302(c). 132 CONG. REC. S10,693 (1986); Senate Precedent PRL19860807-003 (Aug. 7, 1986) (LEGIS, Rules database). This precedent may have continuing application only for appropriations, which the last sentence of this paragraph (see infra p. 80) exempts from the point of order against exceeding the budget resolution's allocation to a committee.

257 Section 13303(c)(2) of the Budget Enforcement Act added the words "or provides for social security outlays in excess of the appropriate allocation of social security outlays

Subparagraph (A)258 shall not apply to any bill, resolution, amendment, motion, or conference report that is within the jurisdiction of the Committee on Appropriations." applying this paragraph260

(A) 261 estimated social security outlays 262 shall be deemed to be reduced by the excess of estimated social security revenues (including social security revenues provided for in the bill, resolution, amendment, or conference report with respect to which this paragraph is applied) over the appropriate level of social security revenues specified in the most recently adopted concurrent resolution on the budget;

259

In

257 (...continued)

under subsection (a) for the fiscal year of the resolution or for the total of that year and the 4 succeeding fiscal years." See infra p. 670.

258 There are two subparagraphs (A) in this paragraph, above and below. This reference relates to the subparagraph (A) above. See supra p. 78. Section 13112(a)(7) of the Budget Enforcement Act added both this sentence and the letter (A) above. See infra p. 625.

259

Section 13112(a)(7)(C) of the Budget Enforcement Act added this sentence. See

infra p. 625.

260

Section 13303(c)(3) of the Budget Enforcement Act added the balance of this paragraph. See infra p. 670.

261 Section 13303(c)(3) of the Budget Enforcement Act added this subparagraph (A). See infra p. 670. Note that section 13112(a)(7)(A) of the Budget Enforcement Act (see infra p. 625) added another subparagraph (A) above. See supra p. 78.

262

Section 301(a)(6) implicitly defines the term "social security outlays" as "outlays of the old-age, survivors, and disability insurance program established under title II of the Social Security Act." See supra note 134.

263 Section 301(a)(7) implicitly defines the term "social security revenues" as "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)."

(B) 264 estimated social security outlays shall be deemed increased by the shortfall of estimated social security revenues (including social security revenues provided for in the bill, resolution, amendment, or conference report with respect to which this paragraph is applied) below the appropriate level of social security revenues specified in the most recently adopted concurrent resolution on the budget; and

(C) 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 social security revenues unless such provision changes the income tax treatment of social security benefits.

The Chairman of the Committee on the Budget of the
Senate may file with the Senate appropriately revised
allocations under subsection (a)265 and revised func-
tional levels and aggregates to reflect the application
of the preceding sentence. Such revised allocations,
functional levels, and aggregates shall be considered
as allocations, functional levels, and aggregates
contained in the most recently agreed to concurrent
resolution on the budget, and the appropriate com-
mittees shall report revised allocations pursuant to
subsection (b).2

264 Section 13303(c)(3) of the Budget Enforcement Act added this subparagraph (B). See infra p. 670. Note that section 13112(a)(7)(B) of the Budget Enforcement Act (see infra p. 625) added another subparagraph (B) above. See supra p. 78.