(g) DETERMINATIONS BY BUDGET COMMITTEES. -- For purposes of this section, the levels of new budget authority,267 spending authority as described in section 401(c) (2),268 outlays269 and new credit authority270 for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget271 of the House of Representatives or the Senate, as the case may be.

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

268 See infra pp. 203-206.

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

270 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).

271 This subsection reflects the normal scorekeeping convention that Congress turns to its Budget Committees to assess the costs of legislation. See also section 201(g), supra p. 32; section 310(d)(4), infra p. 142; section 311(c), infra p. 157; section 313(e), infra p. 182;

CONCURRENT RESOLUTION ON THE BUD-
GET MUST BE ADOPTED BEFORE LEGIS-
LATION PROVIDING NEW BUDGET
AUTHORITY, NEW SPENDING AUTHOR-
ITY, NEW
NEW CREDIT AUTHORITY, OR
CHANGES IN REVENUES OR THE PUB-
LIC DEBT LIMIT IS CONSIDERED

SEC. 303.272 (a) IN GENERAL. -- It shall not be in order273 in either the House of Representatives or the Senate to consider any bill,274 joint resolution, amendment, motion, or conference report276 as

275

272 Section 303 is codified as amended at 2 U.S.C. § 634.

273

Although section 303 sets forth a prohibition, that prohibition is not self-enforcing, and requires a point of order from the floor for its enforcement. 130 CONG. REC. S7,919 (1984); Senate Precedent PRL19840621-001 (June 21, 1984) (LEGIS, Rules database).

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

274 If a bill violates section 303, the point of order will lie notwithstanding that a complete substitute that would not violate section 303 is pending. 132 CONG. REC. S31819 (1986); Senate Precedent PRL19860127-001 (Jan. 27, 1986) (LEGIS, Rules database) (inquiry of Sen. Metzenbaum; bill that would reduce revenues).

275

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. See 132 CONG. REC. S7,973-74, S8,169, S8,207-09 (June 19, 23 & 24, 1986); Senate Precedent PRL19860624001 (June 24, 1986) (LEGIS, Rules database) (point of order by Sen. Packwood on amendment by Sen. Melcher that would reduce revenues in violation of section 303(a)).

276 Section 13207(a)(1)(C) of the Budget Enforcement Act struck "bill or resolution (or amendment thereto)" here and inserted "bill, joint resolution, amendment, motion, or conference report." See infra p. 639. Before enactment of the Budget Enforcement Act, by virtue of its application to "amendments," section 303 also applied to conference reports by precedent where amendments made in conference contain new matter not previously considered by the Senate. 124 CONG. REC. S9,383-403 (1978); Senate Precedent PRL19780410-001 (Apr. 10, 1978) (LEGIS, Rules database); see also 131 CONG. REC. S6,367-68 (1985); Senate Precedent PRL19850516-001 (May 16, 1985) (LEGIS, Rules data

reported277 to the House or Senate which provides

-

(1) new budget authority278 for a fiscal year;

(2) an increase or decrease in revenues279 to become effective during a fiscal year;

(3) an increase or decrease in the public debt limit to become effective during a fiscal year;

280

(4) new entitlement authority281 to become effective

276 (...continued)

base) (the Chair responded that a particular conference report would violate section 303(a)); 132 CONG. REC. S16,419-20, S16,611-13 (1986); Senate Precedent PRL19861016002 (Oct. 16, 1986) (LEGIS, Rules database) (precedent headnote states that a point of order would lie against a conference report; point of order waived).

277

Cf. infra note 488 (by virtue of the words "as reported," a point of order will not lie under section 311(a) against a deficit-neutral bill that has been amended by an amendment that reduces revenues below the revenue floor).

278

See, e.g., 133 CONG. REC. $5,381-83 (1987) (point of order by Sen. Chiles on amendment by Sen. Boschwitz).

279

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

See, e.g., 132 CONG. REC. S8,207-09 (1986); Senate Precedent PRL19860624-001 (June 24, 1986) (LEGIS, Rules database) (point of order by Sen. Packwood on amendment by Sen. Melcher that would reduce revenues); 132 CONG. REC. S318-19 (1986); Senate Precedent PRL19860127-001 (Jan. 27, 1986) (LEGIS, Rules database) (inquiry of Sen. Metzenbaum; bill that would reduce revenues); 131 CONG. REC. S8,806-07 (1985); Senate Precedent PRL19850626-001 (June 26, 1985) (LEGIS, Rules database) (inquiry of Sen. Chafee; amendment that would reduce revenues); 131 CONG. REC. S6,367-68 (1985); Senate Precedent PRL19850516-001 (May 16, 1985) (LEGIS, Rules database) (inquiry of Sen. Metzenbaum; conference report that would raises revenues).

280 The public debt limit is set at 31 U.S.C. § 3101.

281 Section 303(a) prohibits legislation that would create entitlement authority that would become effective before Congress has agreed to a budget resolution for the appropriate fiscal year, and such legislation would not fall within an exception un section 303(b). 129 CONG. REC. S9,826, S9,845, S9,852 (1983); Senate Precedent PRL19830713-004 (July 13, 1983) (LEGIS, Rules database). In other words, an entitlement that begins in a year beyond the budget resolution violates section 303(a). 130 CONG. REC. S7,070-71, S7,10212, S7,175, S7,181 (1984); Senate Precedent PRL19840613-002 (June 13, 1984) (LEGIS, Rules database); see also 132 CONG. REC. S16,419-20, S16,611-13 (1986); Senate Precedent

during a fiscal year;

(5)282 in the Senate only, new spending authority (as defined in section 401(c) (2)283) for a fiscal year; or

until the concurrent resolution on the budget for such fiscal year (or, in the Senate, a concurrent resolution on the budget covering such fiscal year) 286 has been agreed to pursuant to

281 (...continued)

287

PRL19861016-002 (Oct. 16, 1986) (LEGIS, Rules database) (precedent headnote states that a point of order would lie against a conference report if that conference report contained entitlements to become effective in years beyond the resolution; point of order waived).

Entitlements begin in the year payments are made, not when benefits vest. 130 CONG. REC. S7,107 (1984); Senate Precedent PRL19840613-002 (June 13, 1984) (LEGIS, Rules database) (inquiry of Sen. Armstrong).

Section 3(9) (see supra p. 18) defines "entitlement authority" to mean that authority described in section 401(c)(2)(C) (see infra p. 204). For a discussion of language that ensures that authority will not constitute entitlement authority, see infra note 609.

282

Section 13205(a)(3) of the Budget Enforcement Act amended this paragraph to read as it does now. See infra p. 636. Section 13205(a)(1) of the Budget Enforcement Act repealed what used to be paragraph (5). See infra p. 636. Before enactment of the Budget Enforcement Act, paragraph (5) read as follows: "(5) new credit authority for a fiscal year." Effective for fiscal year 1992 and after, title V will address credit (see infra pp. 225-250), and the provision of what is now credit authority will become the provision of either budget authority or entitlement authority.

284 Section 13205(a)(3) of the Budget Enforcement Act added this paragraph. See infra

286 Section 13205(a)(4) of the Budget Enforcement Act added the parenthetical "(or, in the Senate, a concurrent resolution on the budget covering such fiscal year)." See infra p. 636. Thus, for Senate committees other than the Appropriations Committee (for which subsection (b)(2) provides an explicit exception), no point of order will lie if the spending provided begins in any one of the five years covered by the most recent budget resolution.

287 On a number of occasions, the House and the Senate have passed simple resolutions providing that the Congress shall be deemed to have agreed to a budget resolution for the fiscal year. As a consequence of these resolutions, points of order would

287 (...continued)

not lie under section 303, but would lie under sections 302 and 311.

On July 16, 1985, the House passed H. Res. 221, which waived points of order under section 303(a) against consideration of any appropriations bill. That resolution stated (in relevant part):

Sec. 2. All points of order for failure to comply with the provisions of section 303(a) of the Congressional Budget Act of 1974 (Public Law 93-344) are hereby waived against the consideration of any general appropriation bill making appropriations for fiscal year 1986 reported by the Committee on Appropriations before July 12, 1985.

H. Res. 221, 99th Cong., 1st Sess., 131 CONG. REC. H5,666-75 (July 16, 1985).

Eight days later, the House passed H. Res. 231, which deemed the Congress to have adopted the House-passed budget resolution for purposes of applying points of order in the House. H. Res. 231 stated:

H. RES. 231

Resolved, That, for the purposes of the provisions of the Congressional Budget Act of 1974 (Public Law 93-344), as they apply to the House of Representatives, the Congress shall be considered to have adopted H. Con. Res. 152, revising the congressional budget for the United States Government for the fiscal year 1985 and setting forth the congressional budget for the United States Government for the fiscal years 1986, 1987, and 1988, as adopted by the House on May 23, 1985. For the purposes of this resolution, the allocations of budget authority and new entitlement authority printed in the Congressional Record of July 23, 1985 by Representative Gray of Pennsylvania, shall be considered as allocations made pursuant to section 302(a) of the Congressional Budget Act of 1974 (Public Law 93-344).

SEC. 2. This resolution shall cease to apply upon final adoption by the House and the Senate of a concurrent resolution on the budget for the applicable fiscal year or years.

H. Res. 231, 99th Cong., 1st Sess., 131 CONG. REC. H6,171 (July 24, 1985).

On June 17, 1987, the House Rules Committee reported to the House H. Res. 197, a similar resolution. H. Res. 197, 100th, 1st Sess., 134 CONG. REC. H5,212, D837 (June 17, 1987). The next day, however, the Rules Committee reported a rule (H. Res. 201) for the consideration of the conference report on the budget resolution for that year (H. Con. Res. 93) that also provided for laying H. Res. 197 on the table. See 134 CONG. REC. D847-48 (June 18, 1987). The House passed that rule on June 23. See 134 CONG. REC. H5,398-407 (June 24, 1987).

On June 19, 1990, the House passed another resolution, H. Res. 413, to deem the House-passed budget resolution to govern the House. H. Res. 413 stated (in relevant part):