Enforceable Spending Allocations in the Congressional Budget Process: 302(a)s and 302(b)s
Enforceable Spending Allocations in the
January 18, 2023
Congressional Budget Process: 302(a)s and
Drew C. Aherne
302(b)s
Analyst on Congress and
the Legislative Process
The Congressional Budget Act of 1974 (the Budget Act) stipulates a system for enforcing the
spending levels established in the budget resolution that focuses on the individual committees
and subcommittees that make budgetary decisions.
The Budget Act requires that the total spending levels set forth in the budget resolution be allocated among all committees
with jurisdiction over spending legislation. The Budget Act also requires that the Committees on Appropriations in the House
and Senate subdivide their total allocations among their subcommittees. Once reported, these suballocations effectively
establish separate enforceable levels for each of the 12 regular appropriations bills. These allocations are known as “302(a)”
allocations and “302(b)” suballocations, respectively, based on the sections of the Budget Act that establish the requirements.
These allocations and suballocations serve as the primary means of enforcement for spending levels in the congressional
budget process.
The 302(a) and 302(b) levels are not self-enforcing. Members can enforce them by raising points of order during the
consideration of budgetary legislation. The Budget Act establishes multiple points of order for enforcing 302(a) and 302(b)
levels, including prohibitions on the consideration of budgetary measures in the absence of 302 allocations and the
consideration of legislation that would cause spending to exceed the allocations. Budget Act points of order enforcing 302(a)
and 302(b) levels can be waived in the House and Senate, and each chamber has different procedures for doing so.
Congress has historically allowed for adjustments to or revisions of budgetary aggregates and 302 allocations under certain,
specified circumstances. For example, these levels are adjusted to accommodate spending designated as an emergency,
effectively exempting it from budget enforcement. In some cases, Congress has also given authority to adjust budget
aggregates and allocations to accommodate certain specified budgetary legislation through “reserve fund” provisions in
budget resolutions. In the case of 302(b) suballocations, the Budget Act provides that the Appropriations Committees may
revise their suballocations.
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Contents
Introduction ............................................................................................................................... 1
The Budget Resolution, Spending Levels, and Committee Allocations ................................... 1
The Budget Resolution ....................................................................................................... 1
302(a) Allocations and 302(b) Suballocations .................................................................... 2
302 Allocations in Relation to Direct and Discretionary Spending .................................... 5
302(a)s and 302(b)s in Years Without a Budget Resolution ............................................... 7
Enforcement of 302(a)s and 302(b)s ......................................................................................... 7
Adjustments and Revisions ....................................................................................................... 9
Figures
Figure 1. 302(a) Example ................................................................................................................ 3
Figure 2. Appropriations Committee 302(a) Example .................................................................... 4
Figure 3. 302(b) Example ................................................................................................................ 5
Figure 4. 302(a) Discretionary Adjustment Example .................................................................... 10
Figure 5. 302(b) Adjustment Example .......................................................................................... 10
Figure 6. Reserve Fund Example ................................................................................................... 11
Figure 7. Reserve Fund Adjustment Example ............................................................................... 12
Tables
Table 1. Budget Act Points of Order Enforcing 302(a)s and 302(b)s .............................................. 8
Contacts
Author Information ........................................................................................................................ 12
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Enforceable Spending Allocations in the Congressional Budget Process
Introduction
The Congressional Budget Act of 1974 (the Budget Act) provides for the adoption of a concurrent
resolution on the budget to serve as an agreement between the House and Senate on a budget plan
for the upcoming fiscal year (and at least four fiscal years thereafter).1 The budget resolution,
among other things, allows Congress to establish a fiscal framework for the consideration of
legislation affecting the federal budget. As a concurrent resolution, the budget resolution is not
signed into law and does not make direct changes to spending and revenues. Furthermore, it
represents a broad budget framework that does not allocate funds to specific programs or
accounts. Instead, the Budget Act establishes various procedural and legislative mechanisms that
allow Congress to enforce the budgetary levels adopted in the budget resolution. One such
mechanism is the enforcement of spending levels on a committee-by-committee basis through
allocations established in relation to the budget resolution.
The Budget Act requires that Congress allocate the aggregate spending levels set forth in the
budget resolution among committees in the House and Senate with jurisdiction over spending
legislation (commonly referred to as “302(a)” allocations). The Budget Act also requires the
Appropriations Committees in the House and Senate to subdivide their 302(a) allocations among
their subcommittees to create enforceable levels for each of the regular, annual appropriations
bills (commonly referred to as “302(b)” suballocations).2 These allocations and suballocations
can be enforced through points of order raised by Members during the consideration of budgetary
legislation on the House or Senate floor and serve as the primary means of enforcing spending
levels in the congressional budget process.
This report provides an overview of the use of 302(a) allocations and 302(b) suballocations as
enforceable spending limits in the congressional budget process. First, it discusses 302 allocations
in the context of the budget resolution and spending levels more generally, as well as the
processes for making them both as established in the Budget Act and in recent practice. Next, it
discusses the enforcement of 302(a)s and 302(b)s through points of order and the processes for
waiving their application in the House and Senate. Lastly, it outlines the contexts within which
Congress generally allows for revisions or adjustments to 302(a)s and 302(b)s.
The Budget Resolution, Spending Levels, and Committee
Allocations
The Budget Resolution
The Budget Act provides for the adoption of a concurrent resolution on the budget to set forth
budgetary parameters and coordinate budgetary decisions for the upcoming fiscal year.3 The
Budget Act requires that the budget resolution include a number of budgetary levels for the
upcoming fiscal year and at least the four ensuing fiscal years, including:
total new budget authority and outlays;
1 Titles I-IX of P.L. 93-344, codified as amended at 2 U.S.C. §601-§661f.
2 These allocations and suballocations are known as “302(a)” allocations and “302(b)” suballocations, respectively,
based on the sections of the Budget Act that establish the requirements. Sections 302(a) and 302(b) of the Budget Act,
codified as amended at 2 U.S.C. §633.
3 Section 301 of the Budget Act, codified as amended at 2 U.S.C. §632. For more on budget resolutions, see CRS
Report R47336, Content and Consideration of the Budget Resolution: In Brief, by Sarah B. Solomon.
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total federal revenues and, if necessary, the amount by which the total is to be
changed by legislative action;
the surplus or deficit;
new budget authority and outlays for each major functional category (based on
the total levels set forth);
the public debt; and
outlays and revenues of the Social Security trust funds.4
As already noted, the Budget Act establishes procedural mechanisms that allow Congress to
enforce the budgetary levels adopted in the budget resolution while considering legislation over
the course of a fiscal year. One of the primary mechanisms for doing so is based on enforceable
spending levels, allocated from the aggregate levels set forth in the budget resolution, to the
individual committees that make spending decisions.
302(a) Allocations and 302(b) Suballocations
302(a) Allocations
Section 302(a) of the Budget Act requires that the total spending levels adopted in the budget
resolution be allocated among each committee in the House and Senate with jurisdiction over
spending legislation. These allocations are required to cover both the upcoming fiscal year and at
least the four ensuing fiscal years for all committees other than the Committees on
Appropriations. In practice, allocations to these committees generally cover the whole budget
window included in the budget resolution, which has often been 10 fiscal years in recent budget
resolutions. The Budget Act requires that allocations made to the House and Senate Committees
on Appropriations cover only the upcoming fiscal year.
The Budget Act establishes that 302(a) allocations be included in the joint explanatory statement
accompanying a House-Senate conference report on the budget resolution. Recent practice,
however, has most often been for the budget resolution (or an alternative legislative measure) to
include instructions for the chairs of the House and Senate Budget Committees to submit a
statement containing 302(a) allocations for printing in the Congressional Record.5 The Budget
Act does not specify an exact format for 302(a) allocations, and their presentation may vary
between the House and Senate in some years. Despite any potential differences, all 302(a)
allocations contain total budget authority and outlays for the required period for all House and
Senate committees with jurisdiction over spending legislation. See Figure 1 for an example of
302(a) allocations printed in the Congressional Record.
4 These amounts are set forth separately in the budget resolution for enforcement purposes in the Senate. The Social
Security trust funds are considered off-budget and are not reflected in the aggregate spending and revenue amounts in
the budget resolution.
5 In recent years, 302(a) allocations in the House have been printed in the Congressional Record under the heading
“Publication of Budgetary Material.” In the Senate, they have been printed under various headings in recent years,
including “Budget Committee Submissions,” “Fiscal Year 2018 Enforcement Filing,” “Enforcing Budgetary Levels for
Fiscal Year 2020,” and “Budget Enforcement Levels for Fiscal Year 2021,” among others.
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Figure 1. 302(a) Example
Senate FY2022 Excerpt
Source: Congressional Record, daily edition, vol. 167, no. 165 (September 23, 2021), pp. S6667-S6668.
Notes: For ease of readability, this figure does not show 302(a) al ocations made to all Senate committees for
FY2022. Congress enacted S.Con.Res. 14, the concurrent resolution on the budget for FY2022, on August 24,
2021. Section 4006 of S.Con.Res. 14, in part, instructed the chairs of the House and Senate Budget Committees
to submit a statement for publication in the Congressional Record containing 302(a) allocations to committees for
FY2022. On September 23, 2021, the chairman of the Senate Budget Committee submitted the above 302(a)
allocations for printing in the Congressional Record.
302(b) Suballocations
Section 302(b) of the Budget Act requires that the House and Senate Appropriations Committees
further divide their 302(a) allocation among their subcommittees. The House and Senate
Appropriations Committees currently have 12 identical subcommittees, each responsible for
developing one of the regular, annual appropriations bills.6 These 302(b) suballocations
effectively establish separate enforceable levels for each of the regular appropriations bills. The
House and Senate Appropriations Committees each meet as a full committee to adopt and report
302(b) suballocations, which contain the required total budget authority and outlays for the
upcoming fiscal year for each subcommittee.7 Figure 2 and Figure 3 provide an example of a
302(a) allocation to the House Appropriations Committee as well as the associated 302(b)s to its
subcommittees.
6 For more on the subcommittee structure of the House and Senate Appropriations Committees, see CRS Report
RL31572, Appropriations Subcommittee Structure: History of Changes from 1920 to 2021, by James V. Saturno.
7 Senate 302(b) suballocations have also distinguished between security and non-security discretionary spending for
informational purposes in recent fiscal years.
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Figure 2. Appropriations Committee 302(a) Example
House FY2022
Source: Congressional Record, daily edition, vol. 167, no. 110 (June 24, 2021), pp. H3130.
Notes: The House adopted H.Res. 467 on June 14, 2021. Section 1 of H.Res. 467, in part, directed the chairman
of the House Budget Committee to submit a statement for publication in the Congressional Record containing the
302(a) allocation for the Committee on Appropriations for FY2022. On June 24, 2021, the chairman of the
House Budget Committee submitted the above 302(a) allocation to the Appropriations Committee for printing
in the Congressional Record.
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Figure 3. 302(b) Example
House FY2022
Source: H.Rept. 117-78, p. 2.
Notes: The House Committee on Appropriations reported the 302(b) suballocations for its subcommittees
associated with the 302(a) allocation in Figure 2 on July 1, 2021. The budgetary totals made up from these
302(b) suballocations—including for discretionary budget authority and outlays, mandatory budget authority and
outlays, and total budget authority and outlays—are identical to those established in the 302(a) allocation in
Figure 2.
302 Allocations in Relation to Direct and Discretionary Spending
Congress distinguishes between two types of spending for budget enforcement purposes, direct
(or mandatory) spending and discretionary spending.8 Direct spending is generally defined as any
budget authority provided in a law other than an appropriations act.9 This type of spending
commonly takes the form of a requirement for the government to make payments to eligible
8 For more on the types of spending in the federal budget, see CRS Report R44582, Overview of Funding Mechanisms
in the Federal Budget Process, and Selected Examples, by Jessica Tollestrup.
9 Section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA, P.L. 99-351)
defines direct spending as (a) budget authority provided by law other than appropriations acts, (b) entitlement authority,
and (c) the Supplemental Nutrition Assistance Program.
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recipients according to a formula that establishes criteria and benefits (known as an entitlement,
such as Medicare). Direct spending makes up around two-thirds of federal spending and is
controlled through authorizing statutes, which are within the jurisdiction of the legislative
committees of Congress (such as the Senate Finance Committee and the House Energy and
Commerce Committee). Although direct spending programs can be established in permanent laws
that provide budget authority until they are revised or terminated, some programs sunset or
expire, and to continue, they must be re-authorized or extended through newly enacted legislation
(such as the Children’s Health Insurance Program or the Temporary Assistance for Needy
Families program).
Congress uses an existing-law baseline for informational and scoring purposes. The baseline is a
projection of federal spending, revenues, and the deficit or surplus that are estimated to occur if
current laws are maintained into the future, adjusted for various economic and technical
assumptions. The baseline plays a role in determining the budgetary levels set forth in the budget
resolution, including the associated 302(a) allocations. Since direct spending generally continues
each year barring any changes to the laws that control it, the majority, if not all, of a legislative
committee’s 302(a) allocation may consist of spending already assumed to occur under the
baseline. A legislative committee’s 302(a) allocation signals how the budgetary levels adopted in
the budget resolution fit Congress’s legislative agenda with respect to issues within a committee’s
jurisdiction. For example, a 302(a) allocation above baseline levels may allow a committee to
consider legislation that would increase direct spending under its jurisdiction (such as expanding
or creating programs or activities within its jurisdiction).
Discretionary spending makes up roughly one-third of federal spending and is controlled through
appropriations acts within the jurisdiction of the House and Senate Committees on
Appropriations. The appropriations process occurs on an annual basis, with budget authority for
discretionary spending typically determined for each fiscal year through the 12 regular
appropriations bills.10 Congress sets the total enforceable limit for spending contained in the
regular appropriations bills through the 302(a) allocations to the House and Senate Appropriations
Committees. The Appropriations Committees are then required to set enforceable limits for each
of the 12 regular appropriations bills “as soon as practicable” through 302(b) suballocations to
their subcommittees.
The 302(b) suballocations serve as the primary enforcement mechanism for discretionary
spending in the congressional budget process. Each appropriations subcommittee in the House
and Senate receives a 302(b) suballocation, thus setting a top line limit for all discretionary
spending under its jurisdiction. Each appropriations bill must then fund the agencies, programs,
and activities under its jurisdiction at levels that, in total, do not exceed its subcommittee’s 302(b)
suballocation. Regular appropriations bills also provide budget authority to finance some direct
spending programs (known as appropriated entitlements). Spending on appropriated entitlements
is reflected in the amount allocated to the Appropriations Committees as well as their
suballocations. The Budget Act requires that allocations be divided between direct and
discretionary amounts (as seen in Figure 2 and Figure 3), though only the overall level of each
302(b) suballocation is enforceable.
10 For more on the appropriations process, see CRS Report R47106, The Appropriations Process: A Brief Overview, by
James V. Saturno and Megan S. Lynch.
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302(a)s and 302(b)s in Years Without a Budget Resolution
Congress has not always adopted a concurrent resolution on the budget, including in 11 of the 20
fiscal years between FY2003 and FY2022. In these years, Congress has used alternative
legislative measures to establish enforceable budget levels in accordance with the requirements
set forth in the Budget Act. These measures are collectively referred to as “deeming resolutions”
since they are deemed to serve in place of a budget resolution for the upcoming fiscal year.11
There is no formal definition or required content for deeming resolutions, and they have
historically varied in both form and function. Furthermore, the House and Senate have often
adopted deeming resolutions separately and, as a result, may work with different budget
aggregates for some part of the budget process. Despite variations, deeming resolutions all
include language setting forth certain budgetary levels and holding that such levels are to be
considered enforceable under the Budget Act as if they had been included in a budget resolution.
This includes the authority to establish and enforce 302(a) allocations. In recent years, the chairs
of the House and Senate Budget Committees have filed 302(a) allocations made in association
with deeming resolutions for printing in the Congressional Record. The House and Senate
Appropriations Committees generally follow the same practice for 302(b) suballocations under a
deeming resolution as they would under a budget resolution.
Enforcement of 302(a)s and 302(b)s
Allocations made in association with the budget resolution are not self-enforcing. A Member must
raise a point of order on the floor of the chamber during consideration of budgetary legislation
before the presiding officer can rule on its application and, thus, for its enforcement.12 Broadly,
points of order are prohibitions against the consideration or content of certain legislation,
amendments, or congressional action.13 Congress has created a number of points of order for the
purposes of budget enforcement through the Budget Act and various budget resolutions. This
includes points of order enforcing the budgetary levels set forth in the budget resolution, with
302(a) and 302(b) levels generally serving as the primary focus of enforcement.14
Budget Act points of order enforcing 302(a) and 302(b) levels may influence the timing of
consideration and the budgetary effect of spending legislation either directly through their use on
the floor or indirectly through the potential for their use. Budget Act points of order generally
enforce 302(a) and 302(b) levels by creating certain prohibitions on the consideration of
budgetary measures. This includes prohibitions on the consideration of certain budgetary
measures before allocations are made, as well as prohibitions on the consideration of legislation
or amendments that would cause spending levels to exceed the allocations. Table 1 identifies
points of order established by the Budget Act associated with the enforcement of 302(a)s and
302(b)s.
11 For more on deeming resolutions, see CRS Report R44296, Deeming Resolutions: Budget Enforcement in the
Absence of a Budget Resolution, by Megan S. Lynch.
12 For more on points of order in the congressional budget process, see CRS Report 97-865, Points of Order in the
Congressional Budget Process, by James V. Saturno.
13 For more on points of order in the House and Senate, see CRS Report 98-307, Points of Order, Rulings, and Appeals
in the House of Representatives, by Valerie Heitshusen; and CRS Report 98-306, Points of Order, Rulings, and
Appeals in the Senate, by Valerie Heitshusen.
14 For example, although Section 311(a)(1) of the Budget Act establishes a point of order for enforcing aggregate
spending levels set forth in the budget resolution, Section 311(c) creates an exception in the House allowing aggregate
levels to be exceeded so long as a committee’s 302(a) allocation has not been breached.
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Table 1. Budget Act Points of Order Enforcing 302(a)s and 302(b)s
Senate
Section
Description
Waiver Vote
Threshold
302(c)
In the House and Senate, prohibits the consideration of any
Three-fifths
measure within the jurisdiction of the Appropriations Committees
that provides new budget authority for a fiscal year until the
committees have made 302(b) suballocations to their
subcommittees (after the committees receive their 302(a)
allocations).
302(f)(1)
In the House, once a budget resolution has been adopted, prohibits
n/a
consideration of legislation providing new budget authority for any
fiscal year that would cause the allocation of new budget authority
made in the applicable 302(a)s or 302(b)s for the first fiscal year or
for the total of all fiscal years included in the budget resolution to
be exceeded.
302(f)(2)(a)
In the Senate, once a budget resolution has been adopted, prohibits
Three-fifths
consideration of legislation from any committee other than the
Appropriations Committee that would cause the allocation of new
budget authority or outlays made in the applicable 302(a) allocation
for the first fiscal year or for the total of all fiscal years included in
the budget resolution to be exceeded.
302(f)(2)(b)
In the Senate, once a budget resolution has been adopted, prohibits
Three-fifths
consideration of legislation from the Appropriations Committee
that would cause the allocation of new budget authority made in
the applicable 302(b) suballocation to be exceeded.
303(c)
In the Senate, prohibits consideration of any appropriations
Simple majority
measure until a budget resolution for that fiscal year has been
adopted and a 302(a) allocation to the Appropriations Committee
has been made.
Source: The Congressional Budget Act of 1974, Titles I-IX of P.L. 93-344, codified as amended at 2 U.S.C.
§§601-688.
The House and Senate each have procedures for waiving Budget Act points of order. The Budget
Act sets forth procedures for waiving points of order under the act in the Senate.15 Under these
procedures, a Senator may make a motion to waive the application of a point of order either
before it can be raised or after one has been raised, but must do so before the presiding officer
rules on the merits of an already-raised point of order. The Budget Act also establishes vote
thresholds by which points of order under the act may be waived in the Senate. As indicated in
Table 1, most points of order related to the enforcement of 302(a) and 302(b) levels can be
waived by a vote of at least three-fifths of all Senators duly chosen and sworn (60 votes if there
are no vacancies). The three-fifths requirement for these points of order is temporary and
currently set to expire on September 30, 2025.16 Furthermore, a Budget Act point of order may
15 Section 904 of the Budget Act.
16 The three-fifths requirement for waiving Budget Act points of order was originally established in Section 271 of
BBEDCA (Title II of P.L. 99-177). The waiver procedure for Budget Act points of order was then amended by Section
10119 of the Balanced Budget Act of 1997 (P.L. 105-33), including a provision setting an expiration date for the three-
fifths requirement of September 30, 2002. The three-fifths requirement—except for the point of order in Section
302(f)(2)(b)—was then extended through April 15, 2003, by Section 2 of S.Res. 304 (107th Congress). The
requirement, including the point of order in Section 302(f)(2)(b), was further extended through September 30, 2008, by
Section 503 of H.Con.Res. 95 (108th Congress); through September 30, 2010, by Section 403 of H.Con.Res. 95 (109th
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not be raised against a measure while an amendment that would remedy the violation is pending
before the Senate.17
The mechanism most commonly used by the House to waive Budget Act points of order is
through the adoption of special rules providing for the consideration of relevant bills. Special
rules require adoption through the affirmative vote of a majority of the House. Other means, such
as suspension of the rules or unanimous consent, may also be used to waive points of order.
Waivers in the House may be granted for a bill, specified provisions in a bill, or an amendment.
The House may grant a waiver for one or more specific points of order in a special rule, or it can
include a “blanket waiver” that would apply to all points of order that might otherwise be raised
against a bill, provision, or amendment.
Adjustments and Revisions
Historically, Congress has generally allowed for adjustments to the budget aggregates and
allocations associated with the budget resolution to accommodate certain spending.
The most commonly used adjustments to 302(a)s and 302(b)s are those related to certain
discretionary spending. The authority to adjust allocations to accommodate certain discretionary
spending originated in the Balanced Budget and Emergency Deficit Control Act of 1985.18 More
recently, however, this authority has most often been established in provisions adopted through
budget resolutions. These authorities allow relevant budgetary levels to be adjusted upward
during consideration of a measure containing certain, specified discretionary spending, effectively
exempting certain types of spending from budget enforcement. Some common examples of such
spending include that which Congress has designated to be for an emergency, disaster relief, or
overseas contingency operations. Congress has historically permitted adjustments for
discretionary spending related to other specified purposes as well, such as certain program
integrity activities.19 Congress may provide specific terms for some allowable adjustments, such
as including a specified dollar amount that adjustments may not exceed or only allowing them for
certain fiscal years.20 House and Senate Budget Committee chairs generally submit 302(a)
adjustments as a statement for printing in the Congressional Record, while the House and Senate
Appropriations Committees generally communicate the requisite adjustments to 302(b) levels
through committee reports. Figure 4 and Figure 5 provide an example of an adjustment to the
302(a) allocation to the House Appropriations Committee and the corresponding adjustment to its
302(b) levels to accommodate certain discretionary spending.
Congress); through September 30, 2017, by Section 205 of S.Con.Res. 21 (110th Congress); and through September 30,
2025, by Section 3201(a)(1) of S.Con.Res. 11 (114th Congress).
17 Section 312(d) of the Budget Act, codified as amended at 2 U.S.C. §643.
18 Section 251 of BBEDCA, codified as amended at 2 U.S.C. §901.
19 For example, Section 4004 of S.Con.Res. 14 (117th Congress), the budget resolution for FY2022, allows for the
adjustment of aggregates and allocations to accommodate spending on the health care fraud and abuse control program
at the Department of Health and Human Services.
20 For example, Congress established that the adjustment for the health care fraud and abuse control program at the
Department of Health and Human Services (described in footnote 19) may not exceed $556 million for FY2022.
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Figure 4. 302(a) Discretionary Adjustment Example
House Wildfire Suppression FY2023 (H.R. 8262)
Source: Congressional Record, daily edition, vol. 168, no. 114 (July 12, 2022), pp. H5973.
Notes: Section 1 of H.Res. 1151 (117th Congress), the House deeming resolution for FY2023, in part provides
for adjustments to allocations, aggregates, and other budgetary levels to accommodate discretionary
appropriations of up to $2,550,000,000 for wildfire suppression operations. On July 1, 2022, the House
Appropriations Committee reported H.R. 8262, the Department of the Interior, Environment, and Related
Agencies Appropriations Act for FY2023, which included $2,550,000,000 for wildfire suppression operations. On
July 12, 2022, the chair of the House Budget Committee submitted for printing in the Congressional Record
adjustments to the 302(a) allocation to the House Appropriations Committee to accommodate certain
discretionary spending, including the $2,550,000,000 for wildfire suppression operations in H.R. 8262 (outlined in
red).
Figure 5. 302(b) Adjustment Example
House Wildfire Suppression FY2023 (H.R. 8262)
Source: H.Rept. 117-398, p. 2.
Notes: On July 1, 2022, the House Appropriations Committee adjusted its 302(b) suballocations to
“incorporate anticipated adjustments to the Committee’s 302(a) al ocations for amounts provided for fiscal year
2023 in legislation that has been ordered reported by the Committee on Appropriations.” The committee
adjusted the 302(b) suballocation to the Interior, Environment, and Related Agencies Subcommittee upward by
$2,550,000,000 to accommodate the discretionary appropriations for wildfire suppression operations provided
in H.R. 8262 (117th Congress). The adjustments to the budget authority and outlays are identical to those made
to the ful committee’s 302(a) allocation in Figure 4. Although Section 314 of the Budget Act establishes that
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adjustments to 302(b) suballocations should take place fol owing adjustments to the 302(a) allocation to the
Appropriations Committee, the House Appropriations Committee has sometimes reported adjusted 302(b)
levels prior to the adjustment of their 302(a) allocation in recent years.
Another way that Congress allows for adjustments to budgetary levels is through provisions in
budget resolutions providing for adjustments to accommodate legislation (most often involving
direct spending) under certain circumstances. Provisions permitting such adjustments are often
called “reserve funds” and generally allow for the adjustment of budget aggregates and
allocations if certain legislation is reported or if other conditions are met.21 Adjustments made in
association with a reserve fund provision may be exercised only under the circumstances and
budgetary parameters specified in the budget resolution. It is common for reserve funds to include
a requirement that the specified legislation be deficit-neutral, for example. Furthermore, the
inclusion of a reserve fund in a budget resolution does not mandate future action on the specified
legislation. Reserve fund provisions may indicate Congress’s intention to consider certain
legislation and accommodate its budgetary effects, but they have also generally been included in
budget resolutions for messaging purposes with no subsequent legislative action. Figure 6 and
Figure 7 provide an example of a reserve fund provision included in a budget resolution and the
subsequent adjustment to 302(a) levels to accommodate legislation related to that reserve fund.
Figure 6. Reserve Fund Example
Senate FY2022 (S.Con.Res. 14)
Source: Section 3002 of S.Con.Res. 14 (117th Congress).
Notes: Congress adopted S.Con.Res. 14, the concurrent resolution on the budget for FY2022, on August 24,
2021. Section 3002 of S.Con.Res. 14 included a reserve fund provision allowing the chairman of the Senate
Budget Committee to adjust committee allocations and aggregates to accommodate reconciliation legislation
pursuant to the instructions set forth in Section 2001 of the budget resolution.
21 For more on reserve funds, see CRS Report R47277, Reserve Funds in the Congressional Budget Process:
Frequently Asked Questions, by Megan S. Lynch.
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Figure 7. Reserve Fund Adjustment Example
Senate FY2022 (S.Con.Res. 14)
Source: Congressional Record, daily edition, vol. 168, no. 146 (September 12, 2022), pp. S4537.
Notes: Congress enacted the Inflation Reduction Act (P.L. 117-169), a reconciliation act pursuant to the
instructions set forth in the FY2022 budget resolution, in August 2022. On September 12, 2022, the chairman of
the Senate Budget Committee filed a statement for printing in the Congressional Record making the requisite
adjustments to budgetary aggregates and the 302(a) allocations of eight committees to accommodate P.L. 117-
169. As noted in the statement, the adjustment levels reflect cost estimates of the law provided by the
Congressional Budget Office.
Lastly, the Budget Act also provides authority for the House and Senate Appropriations
Committees to revise their 302(b) suballocations within the limits of their 302(a) allocations at
any time. This allows the Appropriations Committees to revise the enforceable level for each
appropriations bill to reflect developments during the appropriations process so long as the total
amount for all 12 subcommittees does not exceed their 302(a) allocations. The House and Senate
Appropriations Committees generally communicate revisions reported by their respective
committees through committee reports.
Author Information
Drew C. Aherne
Analyst on Congress and the Legislative Process
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Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.
Congressional Research Service
R47388 · VERSION 1 · NEW
13
January 18, 2023
Congressional Budget Process: 302(a)s and
Drew C. Aherne
302(b)s
Analyst on Congress and
the Legislative Process
The Congressional Budget Act of 1974 (the Budget Act) stipulates a system for enforcing the
spending levels established in the budget resolution that focuses on the individual committees
and subcommittees that make budgetary decisions.
The Budget Act requires that the total spending levels set forth in the budget resolution be allocated among all committees
with jurisdiction over spending legislation. The Budget Act also requires that the Committees on Appropriations in the House
and Senate subdivide their total allocations among their subcommittees. Once reported, these suballocations effectively
establish separate enforceable levels for each of the 12 regular appropriations bills. These allocations are known as “302(a)”
allocations and “302(b)” suballocations, respectively, based on the sections of the Budget Act that establish the requirements.
These allocations and suballocations serve as the primary means of enforcement for spending levels in the congressional
budget process.
The 302(a) and 302(b) levels are not self-enforcing. Members can enforce them by raising points of order during the
consideration of budgetary legislation. The Budget Act establishes multiple points of order for enforcing 302(a) and 302(b)
levels, including prohibitions on the consideration of budgetary measures in the absence of 302 allocations and the
consideration of legislation that would cause spending to exceed the allocations. Budget Act points of order enforcing 302(a)
and 302(b) levels can be waived in the House and Senate, and each chamber has different procedures for doing so.
Congress has historically allowed for adjustments to or revisions of budgetary aggregates and 302 allocations under certain,
specified circumstances. For example, these levels are adjusted to accommodate spending designated as an emergency,
effectively exempting it from budget enforcement. In some cases, Congress has also given authority to adjust budget
aggregates and allocations to accommodate certain specified budgetary legislation through “reserve fund” provisions in
budget resolutions. In the case of 302(b) suballocations, the Budget Act provides that the Appropriations Committees may
revise their suballocations.
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Contents
Introduction ............................................................................................................................... 1
The Budget Resolution, Spending Levels, and Committee Allocations ................................... 1
The Budget Resolution ....................................................................................................... 1
302(a) Allocations and 302(b) Suballocations .................................................................... 2
302 Allocations in Relation to Direct and Discretionary Spending .................................... 5
302(a)s and 302(b)s in Years Without a Budget Resolution ............................................... 7
Enforcement of 302(a)s and 302(b)s ......................................................................................... 7
Adjustments and Revisions ....................................................................................................... 9
Figures
Figure 1. 302(a) Example ................................................................................................................ 3
Figure 2. Appropriations Committee 302(a) Example .................................................................... 4
Figure 3. 302(b) Example ................................................................................................................ 5
Figure 4. 302(a) Discretionary Adjustment Example .................................................................... 10
Figure 5. 302(b) Adjustment Example .......................................................................................... 10
Figure 6. Reserve Fund Example ................................................................................................... 11
Figure 7. Reserve Fund Adjustment Example ............................................................................... 12
Tables
Table 1. Budget Act Points of Order Enforcing 302(a)s and 302(b)s .............................................. 8
Contacts
Author Information ........................................................................................................................ 12
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Introduction
The Congressional Budget Act of 1974 (the Budget Act) provides for the adoption of a concurrent
resolution on the budget to serve as an agreement between the House and Senate on a budget plan
for the upcoming fiscal year (and at least four fiscal years thereafter).1 The budget resolution,
among other things, allows Congress to establish a fiscal framework for the consideration of
legislation affecting the federal budget. As a concurrent resolution, the budget resolution is not
signed into law and does not make direct changes to spending and revenues. Furthermore, it
represents a broad budget framework that does not allocate funds to specific programs or
accounts. Instead, the Budget Act establishes various procedural and legislative mechanisms that
allow Congress to enforce the budgetary levels adopted in the budget resolution. One such
mechanism is the enforcement of spending levels on a committee-by-committee basis through
allocations established in relation to the budget resolution.
The Budget Act requires that Congress allocate the aggregate spending levels set forth in the
budget resolution among committees in the House and Senate with jurisdiction over spending
legislation (commonly referred to as “302(a)” allocations). The Budget Act also requires the
Appropriations Committees in the House and Senate to subdivide their 302(a) allocations among
their subcommittees to create enforceable levels for each of the regular, annual appropriations
bills (commonly referred to as “302(b)” suballocations).2 These allocations and suballocations
can be enforced through points of order raised by Members during the consideration of budgetary
legislation on the House or Senate floor and serve as the primary means of enforcing spending
levels in the congressional budget process.
This report provides an overview of the use of 302(a) allocations and 302(b) suballocations as
enforceable spending limits in the congressional budget process. First, it discusses 302 allocations
in the context of the budget resolution and spending levels more generally, as well as the
processes for making them both as established in the Budget Act and in recent practice. Next, it
discusses the enforcement of 302(a)s and 302(b)s through points of order and the processes for
waiving their application in the House and Senate. Lastly, it outlines the contexts within which
Congress generally allows for revisions or adjustments to 302(a)s and 302(b)s.
The Budget Resolution, Spending Levels, and Committee
Allocations
The Budget Resolution
The Budget Act provides for the adoption of a concurrent resolution on the budget to set forth
budgetary parameters and coordinate budgetary decisions for the upcoming fiscal year.3 The
Budget Act requires that the budget resolution include a number of budgetary levels for the
upcoming fiscal year and at least the four ensuing fiscal years, including:
total new budget authority and outlays;
1 Titles I-IX of P.L. 93-344, codified as amended at 2 U.S.C. §601-§661f.
2 These allocations and suballocations are known as “302(a)” allocations and “302(b)” suballocations, respectively,
based on the sections of the Budget Act that establish the requirements. Sections 302(a) and 302(b) of the Budget Act,
codified as amended at 2 U.S.C. §633.
3 Section 301 of the Budget Act, codified as amended at 2 U.S.C. §632. For more on budget resolutions, see CRS
Report R47336, Content and Consideration of the Budget Resolution: In Brief, by Sarah B. Solomon.
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total federal revenues and, if necessary, the amount by which the total is to be
changed by legislative action;
the surplus or deficit;
new budget authority and outlays for each major functional category (based on
the total levels set forth);
the public debt; and
outlays and revenues of the Social Security trust funds.4
As already noted, the Budget Act establishes procedural mechanisms that allow Congress to
enforce the budgetary levels adopted in the budget resolution while considering legislation over
the course of a fiscal year. One of the primary mechanisms for doing so is based on enforceable
spending levels, allocated from the aggregate levels set forth in the budget resolution, to the
individual committees that make spending decisions.
302(a) Allocations and 302(b) Suballocations
302(a) Allocations
Section 302(a) of the Budget Act requires that the total spending levels adopted in the budget
resolution be allocated among each committee in the House and Senate with jurisdiction over
spending legislation. These allocations are required to cover both the upcoming fiscal year and at
least the four ensuing fiscal years for all committees other than the Committees on
Appropriations. In practice, allocations to these committees generally cover the whole budget
window included in the budget resolution, which has often been 10 fiscal years in recent budget
resolutions. The Budget Act requires that allocations made to the House and Senate Committees
on Appropriations cover only the upcoming fiscal year.
The Budget Act establishes that 302(a) allocations be included in the joint explanatory statement
accompanying a House-Senate conference report on the budget resolution. Recent practice,
however, has most often been for the budget resolution (or an alternative legislative measure) to
include instructions for the chairs of the House and Senate Budget Committees to submit a
statement containing 302(a) allocations for printing in the Congressional Record.5 The Budget
Act does not specify an exact format for 302(a) allocations, and their presentation may vary
between the House and Senate in some years. Despite any potential differences, all 302(a)
allocations contain total budget authority and outlays for the required period for all House and
Senate committees with jurisdiction over spending legislation. See Figure 1 for an example of
302(a) allocations printed in the Congressional Record.
4 These amounts are set forth separately in the budget resolution for enforcement purposes in the Senate. The Social
Security trust funds are considered off-budget and are not reflected in the aggregate spending and revenue amounts in
the budget resolution.
5 In recent years, 302(a) allocations in the House have been printed in the Congressional Record under the heading
“Publication of Budgetary Material.” In the Senate, they have been printed under various headings in recent years,
including “Budget Committee Submissions,” “Fiscal Year 2018 Enforcement Filing,” “Enforcing Budgetary Levels for
Fiscal Year 2020,” and “Budget Enforcement Levels for Fiscal Year 2021,” among others.
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Figure 1. 302(a) Example
Senate FY2022 Excerpt
Source: Congressional Record, daily edition, vol. 167, no. 165 (September 23, 2021), pp. S6667-S6668.
Notes: For ease of readability, this figure does not show 302(a) al ocations made to all Senate committees for
FY2022. Congress enacted S.Con.Res. 14, the concurrent resolution on the budget for FY2022, on August 24,
2021. Section 4006 of S.Con.Res. 14, in part, instructed the chairs of the House and Senate Budget Committees
to submit a statement for publication in the Congressional Record containing 302(a) allocations to committees for
FY2022. On September 23, 2021, the chairman of the Senate Budget Committee submitted the above 302(a)
allocations for printing in the Congressional Record.
302(b) Suballocations
Section 302(b) of the Budget Act requires that the House and Senate Appropriations Committees
further divide their 302(a) allocation among their subcommittees. The House and Senate
Appropriations Committees currently have 12 identical subcommittees, each responsible for
developing one of the regular, annual appropriations bills.6 These 302(b) suballocations
effectively establish separate enforceable levels for each of the regular appropriations bills. The
House and Senate Appropriations Committees each meet as a full committee to adopt and report
302(b) suballocations, which contain the required total budget authority and outlays for the
upcoming fiscal year for each subcommittee.7 Figure 2 and Figure 3 provide an example of a
302(a) allocation to the House Appropriations Committee as well as the associated 302(b)s to its
subcommittees.
6 For more on the subcommittee structure of the House and Senate Appropriations Committees, see CRS Report
RL31572, Appropriations Subcommittee Structure: History of Changes from 1920 to 2021, by James V. Saturno.
7 Senate 302(b) suballocations have also distinguished between security and non-security discretionary spending for
informational purposes in recent fiscal years.
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Figure 2. Appropriations Committee 302(a) Example
House FY2022
Source: Congressional Record, daily edition, vol. 167, no. 110 (June 24, 2021), pp. H3130.
Notes: The House adopted H.Res. 467 on June 14, 2021. Section 1 of H.Res. 467, in part, directed the chairman
of the House Budget Committee to submit a statement for publication in the Congressional Record containing the
302(a) allocation for the Committee on Appropriations for FY2022. On June 24, 2021, the chairman of the
House Budget Committee submitted the above 302(a) allocation to the Appropriations Committee for printing
in the Congressional Record.
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Figure 3. 302(b) Example
House FY2022
Source: H.Rept. 117-78, p. 2.
Notes: The House Committee on Appropriations reported the 302(b) suballocations for its subcommittees
associated with the 302(a) allocation in Figure 2 on July 1, 2021. The budgetary totals made up from these
302(b) suballocations—including for discretionary budget authority and outlays, mandatory budget authority and
outlays, and total budget authority and outlays—are identical to those established in the 302(a) allocation in
Figure 2.
302 Allocations in Relation to Direct and Discretionary Spending
Congress distinguishes between two types of spending for budget enforcement purposes, direct
(or mandatory) spending and discretionary spending.8 Direct spending is generally defined as any
budget authority provided in a law other than an appropriations act.9 This type of spending
commonly takes the form of a requirement for the government to make payments to eligible
8 For more on the types of spending in the federal budget, see CRS Report R44582, Overview of Funding Mechanisms
in the Federal Budget Process, and Selected Examples, by Jessica Tollestrup.
9 Section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA, P.L. 99-351)
defines direct spending as (a) budget authority provided by law other than appropriations acts, (b) entitlement authority,
and (c) the Supplemental Nutrition Assistance Program.
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recipients according to a formula that establishes criteria and benefits (known as an entitlement,
such as Medicare). Direct spending makes up around two-thirds of federal spending and is
controlled through authorizing statutes, which are within the jurisdiction of the legislative
committees of Congress (such as the Senate Finance Committee and the House Energy and
Commerce Committee). Although direct spending programs can be established in permanent laws
that provide budget authority until they are revised or terminated, some programs sunset or
expire, and to continue, they must be re-authorized or extended through newly enacted legislation
(such as the Children’s Health Insurance Program or the Temporary Assistance for Needy
Families program).
Congress uses an existing-law baseline for informational and scoring purposes. The baseline is a
projection of federal spending, revenues, and the deficit or surplus that are estimated to occur if
current laws are maintained into the future, adjusted for various economic and technical
assumptions. The baseline plays a role in determining the budgetary levels set forth in the budget
resolution, including the associated 302(a) allocations. Since direct spending generally continues
each year barring any changes to the laws that control it, the majority, if not all, of a legislative
committee’s 302(a) allocation may consist of spending already assumed to occur under the
baseline. A legislative committee’s 302(a) allocation signals how the budgetary levels adopted in
the budget resolution fit Congress’s legislative agenda with respect to issues within a committee’s
jurisdiction. For example, a 302(a) allocation above baseline levels may allow a committee to
consider legislation that would increase direct spending under its jurisdiction (such as expanding
or creating programs or activities within its jurisdiction).
Discretionary spending makes up roughly one-third of federal spending and is controlled through
appropriations acts within the jurisdiction of the House and Senate Committees on
Appropriations. The appropriations process occurs on an annual basis, with budget authority for
discretionary spending typically determined for each fiscal year through the 12 regular
appropriations bills.10 Congress sets the total enforceable limit for spending contained in the
regular appropriations bills through the 302(a) allocations to the House and Senate Appropriations
Committees. The Appropriations Committees are then required to set enforceable limits for each
of the 12 regular appropriations bills “as soon as practicable” through 302(b) suballocations to
their subcommittees.
The 302(b) suballocations serve as the primary enforcement mechanism for discretionary
spending in the congressional budget process. Each appropriations subcommittee in the House
and Senate receives a 302(b) suballocation, thus setting a top line limit for all discretionary
spending under its jurisdiction. Each appropriations bill must then fund the agencies, programs,
and activities under its jurisdiction at levels that, in total, do not exceed its subcommittee’s 302(b)
suballocation. Regular appropriations bills also provide budget authority to finance some direct
spending programs (known as appropriated entitlements). Spending on appropriated entitlements
is reflected in the amount allocated to the Appropriations Committees as well as their
suballocations. The Budget Act requires that allocations be divided between direct and
discretionary amounts (as seen in Figure 2 and Figure 3), though only the overall level of each
302(b) suballocation is enforceable.
10 For more on the appropriations process, see CRS Report R47106, The Appropriations Process: A Brief Overview, by
James V. Saturno and Megan S. Lynch.
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302(a)s and 302(b)s in Years Without a Budget Resolution
Congress has not always adopted a concurrent resolution on the budget, including in 11 of the 20
fiscal years between FY2003 and FY2022. In these years, Congress has used alternative
legislative measures to establish enforceable budget levels in accordance with the requirements
set forth in the Budget Act. These measures are collectively referred to as “deeming resolutions”
since they are deemed to serve in place of a budget resolution for the upcoming fiscal year.11
There is no formal definition or required content for deeming resolutions, and they have
historically varied in both form and function. Furthermore, the House and Senate have often
adopted deeming resolutions separately and, as a result, may work with different budget
aggregates for some part of the budget process. Despite variations, deeming resolutions all
include language setting forth certain budgetary levels and holding that such levels are to be
considered enforceable under the Budget Act as if they had been included in a budget resolution.
This includes the authority to establish and enforce 302(a) allocations. In recent years, the chairs
of the House and Senate Budget Committees have filed 302(a) allocations made in association
with deeming resolutions for printing in the Congressional Record. The House and Senate
Appropriations Committees generally follow the same practice for 302(b) suballocations under a
deeming resolution as they would under a budget resolution.
Enforcement of 302(a)s and 302(b)s
Allocations made in association with the budget resolution are not self-enforcing. A Member must
raise a point of order on the floor of the chamber during consideration of budgetary legislation
before the presiding officer can rule on its application and, thus, for its enforcement.12 Broadly,
points of order are prohibitions against the consideration or content of certain legislation,
amendments, or congressional action.13 Congress has created a number of points of order for the
purposes of budget enforcement through the Budget Act and various budget resolutions. This
includes points of order enforcing the budgetary levels set forth in the budget resolution, with
302(a) and 302(b) levels generally serving as the primary focus of enforcement.14
Budget Act points of order enforcing 302(a) and 302(b) levels may influence the timing of
consideration and the budgetary effect of spending legislation either directly through their use on
the floor or indirectly through the potential for their use. Budget Act points of order generally
enforce 302(a) and 302(b) levels by creating certain prohibitions on the consideration of
budgetary measures. This includes prohibitions on the consideration of certain budgetary
measures before allocations are made, as well as prohibitions on the consideration of legislation
or amendments that would cause spending levels to exceed the allocations. Table 1 identifies
points of order established by the Budget Act associated with the enforcement of 302(a)s and
302(b)s.
11 For more on deeming resolutions, see CRS Report R44296, Deeming Resolutions: Budget Enforcement in the
Absence of a Budget Resolution, by Megan S. Lynch.
12 For more on points of order in the congressional budget process, see CRS Report 97-865, Points of Order in the
Congressional Budget Process, by James V. Saturno.
13 For more on points of order in the House and Senate, see CRS Report 98-307, Points of Order, Rulings, and Appeals
in the House of Representatives, by Valerie Heitshusen; and CRS Report 98-306, Points of Order, Rulings, and
Appeals in the Senate, by Valerie Heitshusen.
14 For example, although Section 311(a)(1) of the Budget Act establishes a point of order for enforcing aggregate
spending levels set forth in the budget resolution, Section 311(c) creates an exception in the House allowing aggregate
levels to be exceeded so long as a committee’s 302(a) allocation has not been breached.
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Table 1. Budget Act Points of Order Enforcing 302(a)s and 302(b)s
Senate
Section
Description
Waiver Vote
Threshold
302(c)
In the House and Senate, prohibits the consideration of any
Three-fifths
measure within the jurisdiction of the Appropriations Committees
that provides new budget authority for a fiscal year until the
committees have made 302(b) suballocations to their
subcommittees (after the committees receive their 302(a)
allocations).
302(f)(1)
In the House, once a budget resolution has been adopted, prohibits
n/a
consideration of legislation providing new budget authority for any
fiscal year that would cause the allocation of new budget authority
made in the applicable 302(a)s or 302(b)s for the first fiscal year or
for the total of all fiscal years included in the budget resolution to
be exceeded.
302(f)(2)(a)
In the Senate, once a budget resolution has been adopted, prohibits
Three-fifths
consideration of legislation from any committee other than the
Appropriations Committee that would cause the allocation of new
budget authority or outlays made in the applicable 302(a) allocation
for the first fiscal year or for the total of all fiscal years included in
the budget resolution to be exceeded.
302(f)(2)(b)
In the Senate, once a budget resolution has been adopted, prohibits
Three-fifths
consideration of legislation from the Appropriations Committee
that would cause the allocation of new budget authority made in
the applicable 302(b) suballocation to be exceeded.
303(c)
In the Senate, prohibits consideration of any appropriations
Simple majority
measure until a budget resolution for that fiscal year has been
adopted and a 302(a) allocation to the Appropriations Committee
has been made.
Source: The Congressional Budget Act of 1974, Titles I-IX of P.L. 93-344, codified as amended at 2 U.S.C.
§§601-688.
The House and Senate each have procedures for waiving Budget Act points of order. The Budget
Act sets forth procedures for waiving points of order under the act in the Senate.15 Under these
procedures, a Senator may make a motion to waive the application of a point of order either
before it can be raised or after one has been raised, but must do so before the presiding officer
rules on the merits of an already-raised point of order. The Budget Act also establishes vote
thresholds by which points of order under the act may be waived in the Senate. As indicated in
Table 1, most points of order related to the enforcement of 302(a) and 302(b) levels can be
waived by a vote of at least three-fifths of all Senators duly chosen and sworn (60 votes if there
are no vacancies). The three-fifths requirement for these points of order is temporary and
currently set to expire on September 30, 2025.16 Furthermore, a Budget Act point of order may
15 Section 904 of the Budget Act.
16 The three-fifths requirement for waiving Budget Act points of order was originally established in Section 271 of
BBEDCA (Title II of P.L. 99-177). The waiver procedure for Budget Act points of order was then amended by Section
10119 of the Balanced Budget Act of 1997 (P.L. 105-33), including a provision setting an expiration date for the three-
fifths requirement of September 30, 2002. The three-fifths requirement—except for the point of order in Section
302(f)(2)(b)—was then extended through April 15, 2003, by Section 2 of S.Res. 304 (107th Congress). The
requirement, including the point of order in Section 302(f)(2)(b), was further extended through September 30, 2008, by
Section 503 of H.Con.Res. 95 (108th Congress); through September 30, 2010, by Section 403 of H.Con.Res. 95 (109th
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not be raised against a measure while an amendment that would remedy the violation is pending
before the Senate.17
The mechanism most commonly used by the House to waive Budget Act points of order is
through the adoption of special rules providing for the consideration of relevant bills. Special
rules require adoption through the affirmative vote of a majority of the House. Other means, such
as suspension of the rules or unanimous consent, may also be used to waive points of order.
Waivers in the House may be granted for a bill, specified provisions in a bill, or an amendment.
The House may grant a waiver for one or more specific points of order in a special rule, or it can
include a “blanket waiver” that would apply to all points of order that might otherwise be raised
against a bill, provision, or amendment.
Adjustments and Revisions
Historically, Congress has generally allowed for adjustments to the budget aggregates and
allocations associated with the budget resolution to accommodate certain spending.
The most commonly used adjustments to 302(a)s and 302(b)s are those related to certain
discretionary spending. The authority to adjust allocations to accommodate certain discretionary
spending originated in the Balanced Budget and Emergency Deficit Control Act of 1985.18 More
recently, however, this authority has most often been established in provisions adopted through
budget resolutions. These authorities allow relevant budgetary levels to be adjusted upward
during consideration of a measure containing certain, specified discretionary spending, effectively
exempting certain types of spending from budget enforcement. Some common examples of such
spending include that which Congress has designated to be for an emergency, disaster relief, or
overseas contingency operations. Congress has historically permitted adjustments for
discretionary spending related to other specified purposes as well, such as certain program
integrity activities.19 Congress may provide specific terms for some allowable adjustments, such
as including a specified dollar amount that adjustments may not exceed or only allowing them for
certain fiscal years.20 House and Senate Budget Committee chairs generally submit 302(a)
adjustments as a statement for printing in the Congressional Record, while the House and Senate
Appropriations Committees generally communicate the requisite adjustments to 302(b) levels
through committee reports. Figure 4 and Figure 5 provide an example of an adjustment to the
302(a) allocation to the House Appropriations Committee and the corresponding adjustment to its
302(b) levels to accommodate certain discretionary spending.
Congress); through September 30, 2017, by Section 205 of S.Con.Res. 21 (110th Congress); and through September 30,
2025, by Section 3201(a)(1) of S.Con.Res. 11 (114th Congress).
17 Section 312(d) of the Budget Act, codified as amended at 2 U.S.C. §643.
18 Section 251 of BBEDCA, codified as amended at 2 U.S.C. §901.
19 For example, Section 4004 of S.Con.Res. 14 (117th Congress), the budget resolution for FY2022, allows for the
adjustment of aggregates and allocations to accommodate spending on the health care fraud and abuse control program
at the Department of Health and Human Services.
20 For example, Congress established that the adjustment for the health care fraud and abuse control program at the
Department of Health and Human Services (described in footnote 19) may not exceed $556 million for FY2022.
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Figure 4. 302(a) Discretionary Adjustment Example
House Wildfire Suppression FY2023 (H.R. 8262)
Source: Congressional Record, daily edition, vol. 168, no. 114 (July 12, 2022), pp. H5973.
Notes: Section 1 of H.Res. 1151 (117th Congress), the House deeming resolution for FY2023, in part provides
for adjustments to allocations, aggregates, and other budgetary levels to accommodate discretionary
appropriations of up to $2,550,000,000 for wildfire suppression operations. On July 1, 2022, the House
Appropriations Committee reported H.R. 8262, the Department of the Interior, Environment, and Related
Agencies Appropriations Act for FY2023, which included $2,550,000,000 for wildfire suppression operations. On
July 12, 2022, the chair of the House Budget Committee submitted for printing in the Congressional Record
adjustments to the 302(a) allocation to the House Appropriations Committee to accommodate certain
discretionary spending, including the $2,550,000,000 for wildfire suppression operations in H.R. 8262 (outlined in
red).
Figure 5. 302(b) Adjustment Example
House Wildfire Suppression FY2023 (H.R. 8262)
Source: H.Rept. 117-398, p. 2.
Notes: On July 1, 2022, the House Appropriations Committee adjusted its 302(b) suballocations to
“incorporate anticipated adjustments to the Committee’s 302(a) al ocations for amounts provided for fiscal year
2023 in legislation that has been ordered reported by the Committee on Appropriations.” The committee
adjusted the 302(b) suballocation to the Interior, Environment, and Related Agencies Subcommittee upward by
$2,550,000,000 to accommodate the discretionary appropriations for wildfire suppression operations provided
in H.R. 8262 (117th Congress). The adjustments to the budget authority and outlays are identical to those made
to the ful committee’s 302(a) allocation in Figure 4. Although Section 314 of the Budget Act establishes that
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adjustments to 302(b) suballocations should take place fol owing adjustments to the 302(a) allocation to the
Appropriations Committee, the House Appropriations Committee has sometimes reported adjusted 302(b)
levels prior to the adjustment of their 302(a) allocation in recent years.
Another way that Congress allows for adjustments to budgetary levels is through provisions in
budget resolutions providing for adjustments to accommodate legislation (most often involving
direct spending) under certain circumstances. Provisions permitting such adjustments are often
called “reserve funds” and generally allow for the adjustment of budget aggregates and
allocations if certain legislation is reported or if other conditions are met.21 Adjustments made in
association with a reserve fund provision may be exercised only under the circumstances and
budgetary parameters specified in the budget resolution. It is common for reserve funds to include
a requirement that the specified legislation be deficit-neutral, for example. Furthermore, the
inclusion of a reserve fund in a budget resolution does not mandate future action on the specified
legislation. Reserve fund provisions may indicate Congress’s intention to consider certain
legislation and accommodate its budgetary effects, but they have also generally been included in
budget resolutions for messaging purposes with no subsequent legislative action. Figure 6 and
Figure 7 provide an example of a reserve fund provision included in a budget resolution and the
subsequent adjustment to 302(a) levels to accommodate legislation related to that reserve fund.
Figure 6. Reserve Fund Example
Senate FY2022 (S.Con.Res. 14)
Source: Section 3002 of S.Con.Res. 14 (117th Congress).
Notes: Congress adopted S.Con.Res. 14, the concurrent resolution on the budget for FY2022, on August 24,
2021. Section 3002 of S.Con.Res. 14 included a reserve fund provision allowing the chairman of the Senate
Budget Committee to adjust committee allocations and aggregates to accommodate reconciliation legislation
pursuant to the instructions set forth in Section 2001 of the budget resolution.
21 For more on reserve funds, see CRS Report R47277, Reserve Funds in the Congressional Budget Process:
Frequently Asked Questions, by Megan S. Lynch.
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Figure 7. Reserve Fund Adjustment Example
Senate FY2022 (S.Con.Res. 14)
Source: Congressional Record, daily edition, vol. 168, no. 146 (September 12, 2022), pp. S4537.
Notes: Congress enacted the Inflation Reduction Act (P.L. 117-169), a reconciliation act pursuant to the
instructions set forth in the FY2022 budget resolution, in August 2022. On September 12, 2022, the chairman of
the Senate Budget Committee filed a statement for printing in the Congressional Record making the requisite
adjustments to budgetary aggregates and the 302(a) allocations of eight committees to accommodate P.L. 117-
169. As noted in the statement, the adjustment levels reflect cost estimates of the law provided by the
Congressional Budget Office.
Lastly, the Budget Act also provides authority for the House and Senate Appropriations
Committees to revise their 302(b) suballocations within the limits of their 302(a) allocations at
any time. This allows the Appropriations Committees to revise the enforceable level for each
appropriations bill to reflect developments during the appropriations process so long as the total
amount for all 12 subcommittees does not exceed their 302(a) allocations. The House and Senate
Appropriations Committees generally communicate revisions reported by their respective
committees through committee reports.
Author Information
Drew C. Aherne
Analyst on Congress and the Legislative Process
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Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
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copy or otherwise use copyrighted material.
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