CHAPTER 17A —CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
SUBCHAPTER I—CONGRESSIONAL BUDGET PROCESS
SUBCHAPTER II—FISCAL PROCEDURES
Part A—General Provisions
Part B—Federal Mandates
SUBCHAPTER III—CREDIT REFORM
SUBCHAPTER IV—BUDGET AGREEMENT ENFORCEMENT PROVISIONS
§621. Congressional declaration of purpose
The Congress declares that it is essential—
(1) to assure effective congressional control over the budgetary process;
(2) to provide for the congressional determination each year of the appropriate level of Federal revenues and expenditures;
(3) to provide a system of impoundment control;
(4) to establish national budget priorities; and
(5) to provide for the furnishing of information by the executive branch in a manner that will assist the Congress in discharging its duties.
(
Editorial Notes
Codification
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Effective Date
Short Title of 1999 Amendment
Short Title of 1981 Amendment
Short Title
[Amendment of section 1(a) of
Financial Safety and Soundness of Government-Sponsored Enterprises
"(a)
"(b)
"(1) The Department of the Treasury shall prepare and submit to Congress no later than April 30, 1991, a study of GSEs and recommended legislation.
"(2) The study shall include an objective assessment of the financial soundness of GSEs, the adequacy of the existing regulatory structure for GSEs, the financial exposure of the Federal Government posed by GSEs, and the effects of GSE activities on Treasury borrowing.
"(c)
"(1) The Congressional Budget Office shall prepare and submit to Congress no later than April 30, 1991, a study of GSEs.
"(2) The study shall include an analysis of the financial risks each GSE assumes, how Congress may improve its understanding of those risks, the supervision and regulation of GSEs' risk management, the financial exposure of the Federal Government posed by GSEs, and the effects of GSE activities on Treasury borrowing. The study shall also include an analysis of alternative models for oversight of GSEs and of the costs and benefits of each alternative model to the Government and to the markets and beneficiaries served by GSEs.
"(d)
"(1) For the studies required by this section, each GSE shall provide full and prompt access to the Secretary of the Treasury and the Director of the Congressional Budget Office to its books and records and other information requested by the Secretary of the Treasury or the Director of the Congressional Budget Office.
"(2) In preparing the studies required by this section, the Secretary of the Treasury and the Director of the Congressional Budget Office may request information from, or the assistance of, any Federal department or agency authorized by law to supervise the activities of a GSE.
"(e)
"(1) The Secretary of the Treasury and the Director of the Congressional Budget Office shall determine and maintain the confidentiality of any book, record, or information made available by a GSE under this section in a manner consistent with the level of confidentiality established for the material by the GSE involved.
"(2) The Department of the Treasury shall be exempt from
"(3) Any officer or employee of the Department of the Treasury shall be subject to the penalties set forth in
"(A) by virtue of his or her employment or official position, he or she has possession of or access to any book, record, or information made available under and determined to be confidential under this section; and
"(B) he or she discloses the material in any manner other than—
"(i) to an officer or employee of the Department of the Treasury; or
"(ii) pursuant to the exception set forth in such section 1906.
"(4) The Congressional Budget Office shall be exempt from section 203 of the Congressional Budget Act of 1974 [
"(f)
"(2) It is the sense of the Senate that the committees of jurisdiction in the Senate shall prepare and report to the Senate no later than September 15, 1991, legislation to ensure the financial safety and soundness of GSEs and to minimize the possibility that a GSE might require future assistance from the Government.
"(f) [sic]
Multiyear Authorizations and 2-Year Appropriations for Selected Agencies and Accounts
Financial Management Reform
Exercise of Congressional Rulemaking Power
"(a) The provisions of this title and of titles I, III, IV, and V and the provisions of sections 701, 703, and 1017 [enacting this chapter (except subchapter IV) and
"(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and
"(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.
"(b) Any provision of title III or IV [enacting subchapters I and II of this chapter] may be waived or suspended in the Senate by a majority vote of the Members voting, a quorum being present, or by the unanimous consent of the Senate.
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(3)
"(e)
[Amendment of section 904 of
§622. Definitions
For purposes of this Act—
(1) The terms "budget outlays" and "outlays" mean, with respect to any fiscal year, expenditures and net lending of funds under budget authority during such year.
(2)
(A)
(i) provisions of law that make funds available for obligation and expenditure (other than borrowing authority), including the authority to obligate and expend the proceeds of offsetting receipts and collections;
(ii) borrowing authority, which means authority granted to a Federal entity to borrow and obligate and expend the borrowed funds, including through the issuance of promissory notes or other monetary credits;
(iii) contract authority, which means the making of funds available for obligation but not for expenditure; and
(iv) offsetting receipts and collections as negative budget authority, and the reduction thereof as positive budget authority.
(B)
(C)
(i) budget authority that first becomes available for obligation in that year, including budget authority that becomes available in that year s 1 a result of a reappropriation; or
(ii) a change in any account in the availability of unobligated balances of budget authority carried over from a prior year, resulting from a provision of law first effective in that year;
and includes a change in the estimated level of new budget authority provided in indefinite amounts by existing law.
(3) The term "tax expenditures" means those revenue losses attributable to provisions of the Federal tax laws which allow a special exclusion, exemption, or deduction from gross income or which provide a special credit, a preferential rate of tax, or a deferral of tax liability; and the term "tax expenditures budget" means an enumeration of such tax expenditures.
(4) The term "concurrent resolution on the budget" means—
(A) a concurrent resolution setting forth the congressional budget for the United States Government for a fiscal year as provided in
(B) any other concurrent resolution revising the congressional budget for the United States Government for a fiscal year as described in
(5) The term "appropriation Act" means an Act referred to in
(6) The term "deficit" means, with respect to a fiscal year, the amount by which outlays exceeds 2 receipts during that year.
(7) The term "surplus" means, with respect to a fiscal year, the amount by which receipts exceeds 2 outlays during that year.
(8) The term "government-sponsored enterprise" means a corporate entity created by a law of the United States that—
(A)(i) has a Federal charter authorized by law;
(ii) is privately owned, as evidenced by capital stock owned by private entities or individuals;
(iii) is under the direction of a board of directors, a majority of which is elected by private owners;
(iv) is a financial institution with power to—
(I) make loans or loan guarantees for limited purposes such as to provide credit for specific borrowers or one sector; and
(II) raise funds by borrowing (which does not carry the full faith and credit of the Federal Government) or to guarantee the debt of others in unlimited amounts; and
(B)(i) does not exercise powers that are reserved to the Government as sovereign (such as the power to tax or to regulate interstate commerce);
(ii) does not have the power to commit the Government financially (but it may be a recipient of a loan guarantee commitment made by the Government); and
(iii) has employees whose salaries and expenses are paid by the enterprise and are not Federal employees subject to title 5.
(9) The term "entitlement authority" means—
(A) the authority to make payments (including loans and grants), the budget authority for which is not provided for in advance by appropriation Acts, to any person or government if, under the provisions of the law containing that authority, the United States is obligated to make such payments to persons or governments who meet the requirements established by that law; and
(B) the food stamp program.
(10) The term "credit authority" means authority to incur direct loan obligations or to incur primary loan guarantee commitments.
(11) The terms "emergency" and "unanticipated" have the meanings given to such terms in
(
Editorial Notes
References in Text
This Act, referred to in text, means
Codification
Section was formerly classified to
Amendments
2011—Par. (11).
1997—Par. (9).
1990—Par. (2).
Pars. (6) to (8).
1987—Par. (7)(C).
Par. (7)(D) to (I).
"(D) with respect to the fiscal year beginning October 1, 1988, $72,000,000,000;
"(E) with respect to the fiscal year beginning October 1, 1989, $36,000,000,000; and
"(F) with respect to the fiscal year beginning October 1, 1990, zero."
1986—Par. (6).
1985—Par. (2).
Par. (4).
Pars. (6) to (10).
1977—
Statutory Notes and Related Subsidiaries
Change of Name
References to the food stamp program established under the Food and Nutrition Act of 2008 considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of
Effective Date of 1990 Amendment
Effective Date of 1985 Amendment
Amendment by sections 201(a)(1) and 232(b) of
1 So in original. Probably should be "as".
2 So in original. Probably should be "exceed".
§623. Continuing study of additional budget reform proposals
(a) The Committees on the Budget of the House of Representatives and the Senate shall study on a continuing basis proposals designed to improve and facilitate methods of congressional budgetmaking. The proposals to be studied shall include, but are not limited to, proposals for—
(1) improving the information base required for determining the effectiveness of new programs by such means as pilot testing, survey research, and other experimental and analytical techniques;
(2) improving analytical and systematic evaluation of the effectiveness of existing programs;
(3) establishing maximum and minimum time limitations for program authorization; and
(4) developing techniques of human resource accounting and other means of providing noneconomic as well as economic evaluation measures.
(b) The Committee on the Budget of each House shall, from time to time, report to its House the results of the study carried on by it under subsection (a), together with its recommendations.
(c) Nothing in this section shall preclude studies to improve the budgetary process by any other committee of the House of Representatives or the Senate or any joint committee of the Congress.
(
Editorial Notes
Codification
Section was formerly classified to
SUBCHAPTER I—CONGRESSIONAL BUDGET PROCESS
§631. Timetable
The timetable with respect to the congressional budget process for any fiscal year is as follows:
| On or before: | Action to be completed: |
|---|---|
| First Monday in February | President submits his budget. |
| February 15 | Congressional Budget Office submits report to Budget Committees. |
| Not later than 6 weeks after President submits budget | Committees submit views and estimates to Budget Committees. |
| April 1 | Senate Budget Committee reports concurrent resolution on the budget. |
| April 15 | Congress completes action on concurrent resolution on the budget. |
| May 15 | Annual appropriation bills may be considered in the House. |
| June 10 | House Appropriations Committee reports last annual appropriation bill. |
| June 15 | Congress completes action on reconciliation legislation. |
| June 30 | House completes action on annual appropriation bills. |
| October 1 | Fiscal year begins. |
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
1997—
1990—
1985—
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
Effective Date
Subchapter applicable with respect to the fiscal year beginning Oct. 1, 1976, and succeeding fiscal years, except as section 906 of
Senate Budget Enforcement
"(a)
"(1) For the purpose of enforcing the Congressional Budget Act of 1974 [see Short Title note set out under
"(2) For the purpose of enforcing the Congressional Budget Act of 1974 after April 15, 2012, including section 300 of that Act, and enforcing budgetary points of order in prior concurrent resolutions on the budget, the allocations, aggregates, and levels set in subsection (b)(2) shall apply in the Senate in the same manner as for a concurrent resolution on the budget for fiscal year 2013 with appropriate budgetary levels for fiscal years 2012 and 2014 through 2022.
"(b)
"(1) As soon as practicable after the date of enactment of this section [Aug. 2, 2011], the Chairman of the Committee on the Budget shall file—
"(A) for the Committee on Appropriations, committee allocations for fiscal years 2011 and 2012 consistent with the discretionary spending limits set forth in this Act [see Short Title of 2011 Amendment note set out under
"(B) for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2011, 2012, 2012 through 2016, and 2012 through 2021 consistent with the Congressional Budget Office's March 2011 baseline adjusted to account for the budgetary effects of this Act and legislation enacted prior to this Act but not included in the Congressional Budget Office's March 2011 baseline, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;
"(C) aggregate spending levels for fiscal years 2011 and 2012 and aggregate revenue levels for fiscal years 2011, 2012, 2012 through 2016, 2012 through 2021 consistent with the Congressional Budget Office's March 2011 baseline adjusted to account for the budgetary effects of this Act and legislation enacted prior to this Act but not included in the Congressional Budget Office's March 2011 baseline, and the discretionary spending limits set forth in this Act for the purpose of enforcing section 311 of the Congressional Budget Act of 1974 [
"(D) levels of Social Security revenues and outlays for fiscal years 2011, 2012, 2012 through 2016, and 2012 through 2021 consistent with the Congressional Budget Office's March 2011 baseline adjusted to account for the budgetary effects of this Act and legislation enacted prior to this Act but not included in the Congressional Budget Office's March 2011 baseline, for the purpose of enforcing sections 302 and 311 of the Congressional Budget Act of 1974.
"(2) Not later than April 15, 2012, the Chairman of the Committee on the Budget shall file—
"(A) for the Committee on Appropriations, committee allocations for fiscal years 2012 and 2013 consistent with the discretionary spending limits set forth in this Act for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;
"(B) for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2012, 2013, 2013 through 2017, and 2013 through 2022 consistent with the Congressional Budget Office's March 2012 baseline for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;
"(C) aggregate spending levels for fiscal years 2012 and 2013 and aggregate revenue levels for fiscal years 2012, 2013, 2013–2017, and 2013–2022 consistent with the Congressional Budget Office's March 2012 baseline and the discretionary spending limits set forth in this Act for the purpose of enforcing section 311 of the Congressional Budget Act of 1974; and
"(D) levels of Social Security revenues and outlays for fiscal years 2012 and 2013, 2013–2017, and 2013–2022 consistent with the Congressional Budget Office's March 2012 baseline budget for the purpose of enforcing sections 302 and 311 of the Congressional Budget Act of 1974 [
"(c)
"(1) Effective on the date of enactment of this section [Aug. 2, 2011], for the purpose of enforcing section 201 of S. Con. Res. 21 (110th Congress), the Chairman of the Senate Committee on the Budget shall reduce any balances of direct spending and revenues for any fiscal year to 0 (zero).
"(2) Not later than April 15, 2012, for the purpose of enforcing section 201 of S. Con. Res. 21 (110th Congress), the Chairman of the Senate Committee on the Budget shall reduce any balances of direct spending and revenues for any fiscal year to 0 (zero).
"(3) Upon resetting the Senate paygo scorecard pursuant to paragraph (2), the Chairman shall publish a notification of such action in the Congressional Record.
"(d)
"(1) The Chairman of the Committee on the Budget of the Senate may revise any allocations, aggregates, or levels set pursuant to this section to account for any subsequent adjustments to discretionary spending limits made pursuant to this Act.
"(2) With respect to any allocations, aggregates, or levels set or adjustments made pursuant to this section, sections 412 through 414 of S. Con. Res. 13 (111th Congress) shall remain in effect.
"(e)
"(1) Subsections (a)(1), (b)(1), and (c)(1) shall expire if a concurrent resolution on the budget for fiscal year 2012 is agreed to by the Senate and House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974 [
"(2) Subsections (a)(2), (b)(2), and (c)(2) shall expire if a concurrent resolution on the budget for fiscal year 2013 is agreed to by the Senate and House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974."
§632. Annual adoption of concurrent resolution on the budget
(a) Content of concurrent resolution on the budget
On or before April 15 of each year, the Congress shall complete action on a concurrent resolution on the budget for the fiscal year beginning on October 1 of such year. The concurrent resolution shall set forth appropriate levels for the fiscal year beginning on October 1 of such year and for at least each of the 4 ensuing fiscal years for the following—
(1) totals of new budget authority and outlays;
(2) total Federal revenues and the amount, if any, by which the aggregate level of Federal revenues should be increased or decreased by bills and resolutions to be reported by the appropriate committees;
(3) the surplus or deficit in the budget;
(4) new budget authority and outlays for each major functional category, based on allocations of the total levels set forth pursuant to paragraph (1);
(5) the public debt;
(6) for purposes of Senate enforcement under this subchapter, outlays of the old-age, survivors, and disability insurance program established under title II of the Social Security Act [
(7) for purposes of Senate enforcement under this subchapter, 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 [
The concurrent resolution shall not include the outlays and revenue totals of the old-age, survivors, and disability insurance program established under title II of the Social Security Act or the related provisions of the Internal Revenue Code of 1986 in the surplus or deficit totals required by this subsection or in any other surplus or deficit totals required by this subchapter.
(b) Additional matters in concurrent resolution
The concurrent resolution on the budget may—
(1) set forth, if required by subsection (f), the calendar year in which, in the opinion of the Congress, the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 [
(2) include reconciliation directives described in
(3) require a procedure under which all or certain bills or resolutions providing new budget authority or new entitlement authority for such fiscal year shall not be enrolled until the Congress has completed action on any reconciliation bill or reconciliation resolution or both required by such concurrent resolution to be reported in accordance with
(4) set forth such other matters, and require such other procedures, relating to the budget, as may be appropriate to carry out the purposes of this Act;
(5) include a heading entitled "Debt Increase as Measure of Deficit" in which the concurrent resolution shall set forth the amounts by which the debt subject to limit (in
(6) include a heading entitled "Display of Federal Retirement Trust Fund Balances" in which the concurrent resolution shall set forth the balances of the Federal retirement trust funds;
(7) set forth procedures in the Senate whereby committee allocations, aggregates, and other levels can be revised for legislation if that legislation would not increase the deficit, or would not increase the deficit when taken with other legislation enacted after the adoption of the resolution, for the first fiscal year or the total period of fiscal years covered by the resolution;
(8) set forth procedures to effectuate pay-as-you-go in the House of Representatives; and
(9) set forth direct loan obligation and primary loan guarantee commitment levels.
(c) Consideration of procedures or matters which have effect of changing any rule of House
If the Committee on the Budget of the House of Representatives reports any concurrent resolution on the budget which includes any procedure or matter which has the effect of changing any rule of the House of Representatives, such concurrent resolution shall then be referred to the Committee on Rules with instructions to report it within five calendar days (not counting any day on which the House is not in session). The Committee on Rules shall have jurisdiction to report any concurrent resolution referred to it under this paragraph with an amendment or amendments changing or striking out any such procedure or matter.
(d) Views and estimates of other committees
Within 6 weeks after the President submits a budget under
(e) Hearings and report
(1) In general
In developing the concurrent resolution on the budget referred to in subsection (a) for each fiscal year, the Committee on the Budget of each House shall hold hearings and shall receive testimony from Members of Congress and such appropriate representatives of Federal departments and agencies, the general public, and national organizations as the committee deems desirable. Each of the recommendations as to short-term and medium-term goals set forth in the report submitted by the members of the Joint Economic Committee under subsection (d) may be considered by the Committee on the Budget of each House as part of its consideration of such concurrent resolution, and its report may reflect its views thereon, including its views on how the estimates of revenues and levels of budget authority and outlays set forth in such concurrent resolution are designed to achieve any goals it is recommending.
(2) Required contents of report
The report accompanying the resolution shall include—
(A) a comparison of the levels of total new budget authority, total outlays, total revenues, and the surplus or deficit for each fiscal year set forth in the resolution with those requested in the budget submitted by the President;
(B) with respect to each major functional category, an estimate of total new budget authority and total outlays, with the estimates divided between discretionary and mandatory amounts;
(C) the economic assumptions that underlie each of the matters set forth in the resolution and any alternative economic assumptions and objectives the committee considered;
(D) information, data, and comparisons indicating the manner in which, and the basis on which, the committee determined each of the matters set forth in the resolution;
(E) the estimated levels of tax expenditures (the tax expenditures budget) by major items and functional categories for the President's budget and in the resolution; and
(F) allocations described in
(3) Additional contents of report
The report accompanying the resolution may include—
(A) a statement of any significant changes in the proposed levels of Federal assistance to State and local governments;
(B) an allocation of the level of Federal revenues recommended in the resolution among the major sources of such revenues;
(C) information, data, and comparisons on the share of total Federal budget outlays and of gross domestic product devoted to investment in the budget submitted by the President and in the resolution;
(D) the assumed levels of budget authority and outlays for public buildings, with a division between amounts for construction and repair and for rental payments; and
(E) other matters, relating to the budget and to fiscal policy, that the committee deems appropriate.
(f) Achievement of goals for reducing unemployment
(1) If, pursuant to section 4(c) of the Employment Act of 1946 [
(2) After the Congress has expressed its opinion pursuant to paragraph (1) as to the year in which the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 [
(3) It shall be in order to amend the provision of such resolution setting forth such year only if the amendment thereto also proposes to alter the estimates, amounts, and levels (as described in subsection (a)) set forth in such resolution in germane fashion in order to be consistent with the economic goals (as described in sections 3(a)(2) and 4(b) of the Employment Act of 1946 [
(g) Economic assumptions
(1) It shall not be in order in the Senate to consider any concurrent resolution on the budget for a fiscal year, or any amendment thereto, or any conference report thereon, that sets forth amounts and levels that are determined on the basis of more than one set of economic and technical assumptions.
(2) The joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall set forth the common economic assumptions upon which such joint statement and conference report are based, or upon which any amendment contained in the joint explanatory statement to be proposed by the conferees in the case of technical disagreement, is based.
(3) Subject to periodic reestimation based on changed economic conditions or technical estimates, determinations under titles III and IV of the Congressional Budget Act of 1974 [
(h) Budget Committee's consultation with committees
The Committee on the Budget of the House of Representatives shall consult with the committees of its House having legislative jurisdiction during the preparation, consideration, and enforcement of the concurrent resolution on the budget with respect to all matters which relate to the jurisdiction or functions of such committees.
(i) Social security point of order
It shall not be in order in the Senate to consider any concurrent resolution on the budget (or amendment, motion, or conference report on the resolution) that would decrease the excess of social security revenues over social security outlays in any of the fiscal years covered by the concurrent resolution. No change in
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531,
The Internal Revenue Code of 1986, referred to in subsecs. (a) and (i), is classified generally to Title 26, Internal Revenue Code.
This Act, referred to in subsec. (b)(4), means
The Employment Act of 1946, referred to in subsec. (d), is act Feb. 20, 1946, ch. 33,
The Congressional Budget Act of 1974, referred to in subsec. (g)(3), is titles I through IX of
Codification
Section was formerly classified to
Amendments
2013—Subsec. (a).
Subsec. (a)(6), (7).
1997—Subsec. (a).
Subsec. (a)(1), (4).
Subsec. (b)(7).
Subsec. (b)(9).
Subsec. (d).
Subsec. (e).
Subsec. (i).
1995—Subsec. (d).
1990—Subsec. (a).
Subsec. (a)(6), (7).
Subsec. (b)(5), (6).
Subsec. (b)(7), (8).
Subsec. (d).
Subsec. (i).
1988—Subsec. (e)(10).
1987—Subsec. (g).
Subsec. (i)(2).
1985—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsecs. (f) to (i).
1978—Subsec. (a)(6), (7).
Subsec. (d).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by
Effective Date of 1990 Amendment
Effective and Termination Dates of 1988 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
Exclusion of Social Security From All Budgets
"(1) the budget of the United States Government as submitted by the President,
"(2) the congressional budget, or
"(3) the Balanced Budget and Emergency Deficit Control Act of 1985 [see Short Title note set out under
Protection of OASDI Trust Funds in House of Representatives
"(a)
"(1)(A) such legislation under consideration would provide for a net increase in OASDI benefits of at least 0.02 percent of the present value of future taxable payroll for the 75-year period utilized in the most recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security Act [
"(2)(A) such legislation under consideration would provide for a net increase in OASDI benefits (for the 5-year estimating period for such legislation under consideration), (B) such net increase, together with the net increases in OASDI benefits resulting from previous legislation enacted during that fiscal year or any of the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, exceeds $250,000,000, and (C) such legislation under consideration does not provide at least a net increase, for the 5-year estimating period for such legislation under consideration, in OASDI taxes which, together with net increases in OASDI taxes resulting from such previous legislation which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, equals the amount by which the net increase derived under subparagraph (B) exceeds $250,000,000;
"(3)(A) such legislation under consideration would provide for a net decrease in OASDI taxes of at least 0.02 percent of the present value of future taxable payroll for the 75-year period utilized in the most recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security Act, and (B) such legislation under consideration does not provide at least a net decrease, for such 75-year period, in OASDI benefits of the amount by which the net decrease in such taxes exceeds 0.02 percent of the present value of future taxable payroll for such 75-year period, or
"(4)(A) such legislation under consideration would provide for a net decrease in OASDI taxes (for the 5-year estimating period for such legislation under consideration), (B) such net decrease, together with the net decreases in OASDI taxes resulting from previous legislation enacted during that fiscal year or any of the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, exceeds $250,000,000, and (C) such legislation under consideration does not provide at least a net decrease, for the 5-year estimating period for such legislation under consideration, in OASDI benefits which, together with net decreases in OASDI benefits resulting from such previous legislation which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, equals the amount by which the net decrease derived under subparagraph (B) exceeds $250,000,000.
"(b)
"(c)
"(1) The term 'OASDI benefits' means the benefits under the old-age, survivors, and disability insurance programs under title II of the Social Security Act [
"(2) The term 'OASDI taxes' means—
"(A) the taxes imposed under sections 1401(a), 3101(a), and 3111(a) of the Internal Revenue Code of 1986 [
"(B) the taxes imposed under
"(3) The term 'medicare taxes' means the taxes imposed under sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue Code of 1986.
"(4) The term 'previous legislation' shall not include legislation enacted before fiscal year 1991.
"(5) The term '5-year estimating period' means, with respect to any legislation, the fiscal year in which such legislation becomes or would become effective and the next 4 fiscal years.
"(6) No provision of any bill or resolution, or any amendment thereto or conference report thereon, involving a change in
Balanced Federal Budgets; Congressional Budget Committee Reports by April 15, 1979, 1980, and 1981, of Balanced Fiscal Year Budgets for 1981 and 1982
Application of Congressional Budget Process to Fiscal Year Beginning July 1, 1975
1 So in original. Probably should not be capitalized.
§633. Committee allocations
(a) Committee spending allocations
(1) Allocation among committees
The joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall include an allocation, consistent with the resolution recommended in the conference report, of the levels for the first fiscal year of the resolution, for at least each of the ensuing 4 fiscal years, and a total for that period of fiscal years (except in the case of the Committee on Appropriations only for the fiscal year of that resolution) of—
(A) total new budget authority; and
(B) total outlays;
among each committee of the House of Representatives or the Senate that has jurisdiction over legislation providing or creating such amounts.
(2) No double counting
In the House of Representatives, any item allocated to one committee may not be allocated to another committee.
(3) Further division of amounts
(A) In the Senate
In the Senate, the amount allocated to the Committee on Appropriations shall be further divided among the categories specified in
(B) In the House
In the House of Representatives, the amounts allocated to each committee for each fiscal year, other than the Committee on Appropriations, shall be further divided between amounts provided or required by law on the date of filing of that conference report and amounts not so provided or required. The amounts allocated to the Committee on Appropriations shall be further divided—
(i) between discretionary and mandatory amounts or programs, as appropriate; and
(ii) consistent with the categories specified in
(4) Amounts not allocated
In the House of Representatives or the Senate, if a committee receives no allocation of new budget authority or outlays, that committee shall be deemed to have received an allocation equal to zero for new budget authority or outlays.
(5) Adjusting allocation of discretionary spending in the House of Representatives
(A) If a concurrent resolution on the budget is not adopted by April 15, the chairman of the Committee on the Budget of the House of Representatives shall submit to the House, as soon as practicable, an allocation under paragraph (1) to the Committee on Appropriations consistent with the discretionary spending levels in the most recently agreed to concurrent resolution on the budget for the appropriate fiscal year covered by that resolution.
(B) As soon as practicable after an allocation under paragraph (1) is submitted under this section, the Committee on Appropriations shall make suballocations and report those suballocations to the House of Representatives.
(b) Suballocations by Appropriations Committees
As soon as practicable after a concurrent resolution on the budget is agreed to, the Committee on Appropriations of each House (after consulting with the Committee on Appropriations of the other House) shall suballocate each amount allocated to it for the budget year under subsection (a) among its subcommittees. Each Committee on Appropriations shall promptly report to its House suballocations made or revised under this subsection. The Committee on Appropriations of the House of Representatives shall further divide among its subcommittees the divisions made under subsection (a)(3)(B) and promptly report those divisions to the House.
(c) Point of order
After the Committee on Appropriations has received an allocation pursuant to subsection (a) for a fiscal year, it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report within the jurisdiction of that committee providing new budget authority for that fiscal year, until that committee makes the suballocations required by subsection (b).
(d) Subsequent concurrent resolutions
In the case of a concurrent resolution on the budget referred to in
(e) Alteration of allocations
At any time after a committee reports the allocations required to be made under subsection (b), such committee may report to its House an alteration of such allocations. Any alteration of such allocations must be consistent with any actions already taken by its House on legislation within the committee's jurisdiction.
(f) Legislation subject to point of order
(1) In the House of Representatives
After the Congress has completed action on a concurrent resolution on the budget for a fiscal year, it shall not be in order in the House of Representatives to consider any bill, joint resolution, or amendment providing new budget authority for any fiscal year, or any conference report on any such bill or joint resolution, if—
(A) the enactment of such bill or resolution as reported;
(B) the adoption and enactment of such amendment; or
(C) the enactment of such bill or resolution in the form recommended in such conference report,
would cause the applicable allocation of new budget authority made under subsection (a) or (b) for the first fiscal year or the total of fiscal years to be exceeded.
(2) In the Senate
After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause—
(A) in the case of any committee except the Committee on Appropriations, the applicable allocation of new budget authority or outlays under subsection (a) for the first fiscal year or the total of fiscal years to be exceeded; or
(B) in the case of the Committee on Appropriations, the applicable suballocation of new budget authority or outlays under subsection (b) to be exceeded.
(g) Pay-as-you-go exception in the House
(1) In general
(A) Subsection (f)(1) and, after April 15,
(i) the enactment of that bill or resolution as reported;
(ii) the adoption and enactment of that amendment; or
(iii) the enactment of that bill or resolution in the form recommended in that conference report,
would not increase the deficit, and, if the sum of any revenue increases provided in legislation already enacted during the current session (when added to revenue increases, if any, in excess of any outlay increase provided by the legislation proposed for consideration) is at least as great as the sum of the amount, if any, by which the aggregate level of Federal revenues should be increased as set forth in that concurrent resolution and the amount, if any, by which revenues are to be increased pursuant to pay-as-you-go procedures under
(B)
(i) the enactment of that bill or resolution as reported;
(ii) the adoption and enactment of that amendment; or
(iii) the enactment of that bill or resolution in the form recommended in that conference report,
would not increase the deficit, and, if the sum of any outlay reductions provided in legislation already enacted during the current session (when added to outlay reductions, if any, in excess of any revenue reduction provided by the legislation proposed for consideration) is at least as great as the sum of the amount, if any, by which the aggregate level of Federal outlays should be reduced as required by that concurrent resolution and the amount, if any, by which outlays are to be reduced pursuant to pay-as-you-go procedures under
(2) Revised allocations
(A) As soon as practicable after Congress agrees to a bill or joint resolution that would have been subject to a point of order under subsection (f)(1) but for the exception provided in paragraph (1)(A) or would have been subject to a point of order under
(B) Such revised allocations, functional levels, and budget aggregates shall be considered for the purposes of this Act as allocations, functional levels, and budget aggregates contained in the most recently agreed to concurrent resolution on the budget.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (g)(2)(B), means
Codification
Section was formerly classified to
Amendments
2013—Subsec. (g)(2)(A).
1997—Subsec. (a).
Subsec. (b).
Subsec. (c).
"(1) new budget authority for a fiscal year; or
"(2) new spending authority as described in
within the jurisdiction of any committee which has received an appropriate allocation of such authority pursuant to subsection (a) of this section for such fiscal year, unless and until such committee makes the allocation or subdivisions required by subsection (b) of this section, in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year."
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (g).
1990—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1)(A).
Subsec. (c).
Subsec. (c)(3).
Subsec. (f)(1).
Subsec. (f)(2).
1985—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d) to (g).
Statutory Notes and Related Subsidiaries
Effective and Termination Dates of 1990 Amendment
Amendment by section 13303(c) of
Effective Date of 1985 Amendment
Amendment by
§634. Concurrent resolution on the budget must be adopted before budget-related legislation is considered
(a) In general
Until the concurrent resolution on the budget for a fiscal year has been agreed to, it shall not be in order in the House of Representatives, with respect to the first fiscal year covered by that resolution, or the Senate, with respect to any fiscal year covered by that resolution, to consider any bill or joint resolution, amendment or motion thereto, or conference report thereon that—
(1) first provides new budget authority for that fiscal year;
(2) first provides an increase or decrease in revenues during that fiscal year;
(3) provides an increase or decrease in the public debt limit to become effective during that fiscal year;
(4) in the Senate only, first provides new entitlement authority for that fiscal year; or
(5) in the Senate only, first provides for an increase or decrease in outlays for that fiscal year.
(b) Exceptions in House
In the House of Representatives, subsection (a) does not apply—
(1)(A) to any bill or joint resolution, as reported, providing advance discretionary new budget authority that first becomes available for the first or second fiscal year after the budget year; or
(B) to any bill or joint resolution, as reported, first increasing or decreasing revenues in a fiscal year following the fiscal year to which the concurrent resolution applies;
(2) after May 15, to any general appropriation bill or amendment thereto; or
(3) to any bill or joint resolution unless it is reported by a committee.
(c) Application to appropriation measures in Senate
(1) In general
Until the concurrent resolution on the budget for a fiscal year has been agreed to and an allocation has been made to the Committee on Appropriations of the Senate under
(2) Exception
Paragraph (1) does not apply to appropriations legislation making advance appropriations for the first or second fiscal year after the year the allocation referred to in that paragraph is made.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
1997—
1990—Subsec. (a).
Subsec. (a)(5), (6).
Subsec. (b).
1985—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
§635. Permissible revisions of concurrent resolutions on the budget
At any time after the concurrent resolution on the budget for a fiscal year has been agreed to pursuant to
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
1997—
1990—Subsecs. (b), (c).
1987—Subsec. (c).
1985—
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
§636. Provisions relating to consideration of concurrent resolutions on the budget
(a) Procedure in House after report of Committee; debate
(1) When a concurrent resolution on the budget has been reported by the Committee on the Budget of the House of Representatives and has been referred to the appropriate calendar of the House, it shall be in order on any day thereafter, subject to clause 4 of rule XIII of the Rules of the House of Representatives, to move to proceed to the consideration of the concurrent resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) General debate on any concurrent resolution on the budget in the House of Representatives shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority parties, plus such additional hours of debate as are consumed pursuant to paragraph (3). A motion further to limit debate is not debatable. A motion to recommit the concurrent resolution is not in order, and it is not in order to move to reconsider the vote by which the concurrent resolution is agreed to or disagreed to.
(3) Following the presentation of opening statements on the concurrent resolution on the budget for a fiscal year by the chairman and ranking minority member of the Committee on the Budget of the House, there shall be a period of up to four hours for debate on economic goals and policies.
(4) Only if a concurrent resolution on the budget reported by the Committee on the Budget of the House sets forth the economic goals (as described in
(5) Consideration of any concurrent resolution on the budget by the House of Representatives shall be in the Committee of the Whole, and the resolution shall be considered for amendment under the five-minute rule in accordance with the applicable provisions of rule XVIII of the Rules of the House of Representatives. After the Committee rises and reports the resolution back to the House, the previous question shall be considered as ordered on the resolution and any amendments thereto to final passage without intervening motion; except that it shall be in order at any time prior to final passage (notwithstanding any other rule or provision of law) to adopt an amendment (or a series of amendments) changing any figure or figures in the resolution as so reported to the extent necessary to achieve mathematical consistency.
(6) Debate in the House of Representatives on the conference report on any concurrent resolution on the budget shall be limited to not more than 5 hours, which shall be divided equally between the majority and minority parties. A motion further to limit debate is not debatable. A motion to recommit the conference report is not in order, and it is not in order to move to reconsider the vote by which the conference report is agreed to or disagreed to.
(7) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any concurrent resolution on the budget shall be decided without debate.
(b) Procedure in Senate after report of Committee; debate; amendments
(1) Debate in the Senate on any concurrent resolution on the budget, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 50 hours, except that with respect to any concurrent resolution referred to in
(2) Debate in the Senate on any amendment to a concurrent resolution on the budget shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, and debate on any amendment to an amendment, debatable motion, or appeal shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, except that in the event the manager of the concurrent resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of such concurrent resolution shall be received. Such leaders, or either of them, may, from the time under their control on the passage of the concurrent resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal.
(3) Following the presentation of opening statements on the concurrent resolution on the budget for a fiscal year by the chairman and ranking minority member of the Committee on the Budget of the Senate, there shall be a period of up to four hours for debate on economic goals and policies.
(4) Subject to the other limitations of this Act, only if a concurrent resolution on the budget reported by the Committee on the Budget of the Senate sets forth the economic goals (as described in
(5) A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution.
(6) Notwithstanding any other rule, an amendment or series of amendments to a concurrent resolution on the budget proposed in the Senate shall always be in order if such amendment or series of amendments proposes to change any figure or figures then contained in such concurrent resolution so as to make such concurrent resolution mathematically consistent or so as to maintain such consistency.
(c) Action on conference reports in Senate
(1) A motion to proceed to the consideration of the conference report on any concurrent resolution on the budget (or a reconciliation bill or resolution) may be made even though a previous motion to the same effect has been disagreed to.
(2) During the consideration in the Senate of the conference report (or a message between Houses) on any concurrent resolution on the budget, and all amendments in disagreement, and all amendments thereto, and debatable motions and appeals in connection therewith, debate shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report (or a message between Houses) shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report (or a message between Houses).
(3) Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to 1 hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to one-half hour, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between and controlled by the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee.
(4) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received.
(d) Concurrent resolution must be consistent in Senate
It shall not be in order in the Senate to vote on the question of agreeing to—
(1) a concurrent resolution on the budget unless the figures then contained in such resolution are mathematically consistent; or
(2) a conference report on a concurrent resolution on the budget unless the figures contained in such resolution, as recommended in such conference report, are mathematically consistent.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (b)(4), means
Codification
Section was formerly classified to
Amendments
2013—Subsec. (a)(1).
Subsec. (a)(5).
Subsec. (b)(1).
1997—Subsec. (a)(1).
1990—Subsec. (c)(1).
Subsec. (c)(2).
Subsecs. (d), (e).
"(1) a conference report recommending those matters on which they have agreed and reporting in disagreement those matters on which they have not agreed; or
"(2) a conference report in disagreement, if the matter in disagreement is an amendment which strikes out the entire text of the concurrent resolution and inserts a substitute text."
1987—Subsec. (c)(2).
1985—Subsec. (a).
Subsec. (b).
Subsecs. (c) to (e).
1978—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
§637. Legislation dealing with Congressional budget must be handled by Budget Committees
(a) In the Senate
In the Senate, no bill, resolution, amendment, motion, or conference report, dealing with any matter which is within the jurisdiction of the Committee on the Budget shall be considered unless it is a bill or resolution which has been reported by the Committee on the Budget (or from the consideration of which such committee has been discharged) or unless it is an amendment to such a bill or resolution.
(b) In the House of Representatives
In the House of Representatives, no bill or joint resolution, or amendment thereto, or conference report thereon, dealing with any matter which is within the jurisdiction of the Committee on the Budget shall be considered unless it is a bill or joint resolution which has been reported by the Committee on the Budget (or from the consideration of which such committee has been discharged) or unless it is an amendment to such a bill or joint resolution.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—
1990—
1985—
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
§638. House committee action on all appropriation bills to be completed by June 10
On or before June 10 of each year, the Committee on Appropriations of the House of Representatives shall report annual appropriation bills providing new budget authority under the jurisdiction of all of its subcommittees for the fiscal year which begins on October 1 of that year.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
1985—
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
§639. Reports, summaries, and projections of Congressional budget actions
(a) Legislation providing new budget authority or providing increase or decrease in revenues or tax expenditures
(1) Whenever a committee of either House reports to its House a bill or joint resolution, or committee amendment thereto, providing new budget authority (other than continuing appropriations) or providing an increase or decrease in revenues or tax expenditures for a fiscal year (or fiscal years), the report accompanying that bill or joint resolution shall contain a statement, or the committee shall make available such a statement in the case of an approved committee amendment which is not reported to its House, prepared after consultation with the Director of the Congressional Budget Office—
(A) comparing the levels in such measure to the appropriate allocations in the reports submitted under
(B) containing a projection by the Congressional Budget Office of how such measure will affect the levels of such budget authority, budget outlays, revenues, or tax expenditures under existing law for such fiscal year (or fiscal years) and each of the four ensuing fiscal years, if timely submitted before such report is filed; and
(C) containing an estimate by the Congressional Budget Office of the level of new budget authority for assistance to State and local governments provided by such measure, if timely submitted before such report is filed.
(2) Whenever a conference report is filed in either House and such conference report or any amendment reported in disagreement or any amendment contained in the joint statement of managers to be proposed by the conferees in the case of technical disagreement on such bill or joint resolution provides new budget authority (other than continuing appropriations) or provides an increase or decrease in revenues for a fiscal year (or fiscal years), the statement of managers accompanying such conference report shall contain the information described in paragraph (1), if available on a timely basis. If such information is not available when the conference report is filed, the committee shall make such information available to Members as soon as practicable prior to the consideration of such conference report.
(3) CBO
(A) The Chairs of the Committees on the Budget of the House and Senate, as applicable, shall request from the Director of the Congressional Budget Office an estimate of the budgetary effects of PAYGO legislation.
(B) Estimates shall be prepared using baseline estimates supplied by the Congressional Budget Office, consistent with
(C) The Director shall not count timing shifts, as that term is defined at
(b) Up-to-date tabulations of Congressional budget action
(1) The Director of the Congressional Budget Office shall issue to the committees of the House of Representatives and the Senate reports on at least a monthly basis detailing and tabulating the progress of congressional action on bills and joint resolutions providing new budget authority or providing an increase or decrease in revenues or tax expenditures for each fiscal year covered by a concurrent resolution on the budget. Such reports shall include but are not limited to an up-to-date tabulation comparing the appropriate aggregate and functional levels (including outlays) included in the most recently adopted concurrent resolution on the budget with the levels provided in bills and joint resolutions reported by committees or adopted by either House or by the Congress, and with the levels provided by law for the fiscal year preceding the first fiscal year covered by the appropriate concurrent resolution.
(2) The Committee on the Budget of each House shall make available to Members of its House summary budget scorekeeping reports. Such reports—
(A) shall be made available on at least a monthly basis, but in any case frequently enough to provide Members of each House an accurate representation of the current status of congressional consideration of the budget;
(B) shall include, but are not limited to, summaries of tabulations provided under subsection (b)(1); and
(C) shall be based on information provided under subsection (b)(1) without substantive revision.
The chairman of the Committee on the Budget of the House of Representatives shall submit such reports to the Speaker.
(c) Five-year projection of Congressional budget action
As soon as practicable after the beginning of each fiscal year, the Director of the Congressional Budget Office shall issue a report projecting for the period of 5 fiscal years beginning with such fiscal year—
(1) total new budget authority and total budget outlays for each fiscal year in such period;
(2) revenues to be received and the major sources thereof, and the surplus or deficit, if any, for each fiscal year in such period;
(3) tax expenditures for each fiscal year in such period; and
(4) entitlement authority for each fiscal year in such period.
(d) Scorekeeping guidelines
Estimates under this section shall be provided in accordance with the scorekeeping guidelines determined under
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
2013—Subsec. (d).
2010—Subsec. (a).
Subsec. (a)(3).
Subsec. (d).
1997—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(1)(B).
Subsec. (a)(1)(C), (D).
Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (c)(3) to (5).
1990—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (b)(1).
1985—Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
§640. House approval of regular appropriation bills
It shall not be in order in the House of Representatives to consider any resolution providing for an adjournment period of more than three calendar days during the month of July until the House of Representatives has approved annual appropriation bills providing new budget authority under the jurisdiction of all the subcommittees of the Committee on Appropriations for the fiscal year beginning on October 1 of such year. For purposes of this section, the chairman of the Committee on Appropriations of the House of Representatives shall periodically advise the Speaker as to changes in jurisdiction among its various subcommittees.
(
Editorial Notes
Codification
Section was formerly classified to
Amendments
1985—
"(1) providing new budget authority for the fiscal year beginning on October 1 of such year, other than supplemental, deficiency, and continuing appropriation bills and resolutions, and other than the reconciliation bill for such year, if required to be reported under
"(2) providing new spending authority described in
Paragraph (1) shall not apply to any bill or resolution if legislation authorizing the enactment of new budget authority to be provided in such bill or resolution has not been timely enacted."
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
§641. Reconciliation
(a) Inclusion of reconciliation directives in concurrent resolutions on the budget
A concurrent resolution on the budget for any fiscal year, to the extent necessary to effectuate the provisions and requirements of such resolution, shall—
(1) specify the total amount by which—
(A) new budget authority for such fiscal year;
(B) budget authority initially provided for prior fiscal years;
(C) new entitlement authority which is to become effective during such fiscal year; and
(D) credit authority for such fiscal year,
contained in laws, bills, and resolutions within the jurisdiction of a committee, is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount;
(2) specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount;
(3) specify the amounts by which the statutory limit on the public debt is to be changed and direct the committee having jurisdiction to recommend such change; or
(4) specify and direct any combination of the matters described in paragraphs (1), (2), and (3) (including a direction to achieve deficit reduction).
(b) Legislative procedure
If a concurrent resolution containing directives to one or more committees to determine and recommend changes in laws, bills, or resolutions is agreed to in accordance with subsection (a), and—
(1) only one committee of the House or the Senate is directed to determine and recommend changes, that committee shall promptly make such determination and recommendations and report to its House reconciliation legislation containing such recommendations; or
(2) more than one committee of the House or the Senate is directed to determine and recommend changes, each such committee so directed shall promptly make such determination and recommendations and submit such recommendations to the Committee on the Budget of its House, which, upon receiving all such recommendations, shall report to its House reconciliation legislation carrying out all such recommendations without any substantive revision.
For purposes of this subsection, a reconciliation resolution is a concurrent resolution directing the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be, to make specified changes in bills and resolutions which have not been enrolled.
(c) Compliance with reconciliation directions
(1) Any committee of the House of Representatives or the Senate that is directed, pursuant to a concurrent resolution on the budget, to determine and recommend changes of the type described in paragraphs (1) and (2) of subsection (a) with respect to laws within its jurisdiction, shall be deemed to have complied with such directions—
(A) if—
(i) the amount of the changes of the type described in paragraph (1) of such subsection recommended by such committee do not exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under that paragraph by more than—
(I) in the Senate, 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection; or
(II) in the House of Representatives, 20 percent of the sum of the absolute value of the changes the committee was directed to make under paragraph (1) and the absolute value of the changes the committee was directed to make under paragraph (2); and
(ii) the amount of the changes of the type described in paragraph (2) of such subsection recommended by such committee do not exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under that paragraph by more than—
(I) in the Senate, 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection; or
(II) in the House of Representatives, 20 percent of the sum of the absolute value of the changes the committee was directed to make under paragraph (1) and the absolute value of the changes the committee was directed to make under paragraph (2); and
(B) if the total amount of the changes recommended by such committee is not less than the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection.
(2)(A) Upon the reporting to the Committee on the Budget of the Senate of a recommendation that shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of that committee may file with the Senate appropriately revised allocations under
(B) Upon the submission to the Senate of a conference report recommending a reconciliation bill or resolution in which a committee shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of the Committee on the Budget of the Senate may file with the Senate appropriately revised allocations under
(C) Allocations, functional levels, and aggregates revised pursuant to this paragraph shall be considered to be allocations, functional levels, and aggregates contained in the concurrent resolution on the budget pursuant to
(D) Upon the filing of revised allocations pursuant to this paragraph, the reporting committee shall report revised allocations pursuant to
(d) Limitation on amendments to reconciliation bills and resolutions
(1) It shall not be in order in the House of Representatives to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of increasing any specific budget outlays above the level of such outlays provided in the bill or resolution (for the fiscal years covered by the reconciliation instructions set forth in the most recently agreed to concurrent resolution on the budget), or would have the effect of reducing any specific Federal revenues below the level of such revenues provided in the bill or resolution (for such fiscal years), unless such amendment makes at least an equivalent reduction in other specific budget outlays, an equivalent increase in other specific Federal revenues, or an equivalent combination thereof (for such fiscal years), except that a motion to strike a provision providing new budget authority or new entitlement authority may be in order.
(2) It shall not be in order in the Senate to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided (for the fiscal years covered) in the reconciliation instructions which relate to such bill or resolution set forth in a resolution providing for reconciliation, or would have the effect of reducing Federal revenue increases below the level of such revenue increases provided (for such fiscal years) in such instructions relating to such bill or resolution, unless such amendment makes a reduction in other specific budget outlays, an increase in other specific Federal revenues, or a combination thereof (for such fiscal years) at least equivalent to any increase in outlays or decrease in revenues provided by such amendment, except that a motion to strike a provision shall always be in order.
(3) Paragraphs (1) and (2) shall not apply if a declaration of war by the Congress is in effect.
(4) For purposes of this section, the levels of budget outlays and Federal revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or of the Senate, as the case may be.
(5) The Committee on Rules of the House of Representatives may make in order amendments to achieve changes specified by reconciliation directives contained in a concurrent resolution on the budget if a committee or committees of the House fail to submit recommended changes to its Committee on the Budget pursuant to its instruction.
(e) Procedure in Senate
(1) Except as provided in paragraph (2), the provisions of
(2) Debate in the Senate on any reconciliation bill reported under subsection (b), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours.
(f) Completion of reconciliation process
It shall not be in order in the House of Representatives to consider any resolution providing for an adjournment period of more than three calendar days during the month of July until the House of Representatives has completed action on the reconciliation legislation for the fiscal year beginning on October 1 of the calendar year to which the adjournment resolution pertains, if reconciliation legislation is required to be reported by the concurrent resolution on the budget for such fiscal year.
(g) Limitation on changes to Social Security Act
Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconciliation bill or reconciliation resolution reported pursuant to a concurrent resolution on the budget agreed to under
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (g), is act Aug. 14, 1935, ch. 531,
Codification
Section was formerly classified to
Amendments
2013—Subsec. (c)(1)(A)(i).
Subsec. (c)(1)(A)(ii).
1997—Subsec. (c)(1)(A)(i).
Subsec. (c)(1)(A)(ii).
1990—Subsec. (a)(4).
Subsec. (c).
Subsec. (f).
Subsec. (g).
1985—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
§642. Budget-related legislation must be within appropriate levels
(a) Enforcement of budget aggregates
(1) In House of Representatives
Except as provided by subsection (c), after the Congress has completed action on a concurrent resolution on the budget for a fiscal year, it shall not be in order in the House of Representatives to consider any bill, joint resolution, amendment, motion, or conference report providing new budget authority or reducing revenues, if—
(A) the enactment of that bill or resolution as reported;
(B) the adoption and enactment of that amendment; or
(C) the enactment of that bill or resolution in the form recommended in that conference report;
would cause the level of total new budget authority or total outlays set forth in the applicable concurrent resolution on the budget for the first fiscal year to be exceeded, or would cause revenues to be less than the level of total revenues set forth in that concurrent resolution for the first fiscal year or for the total of that first fiscal year and the ensuing fiscal years for which allocations are provided under
(2) In Senate
After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report that—
(A) would cause the level of total new budget authority or total outlays set forth for the first fiscal year in the applicable resolution to be exceeded; or
(B) would cause revenues to be less than the level of total revenues set forth for that first fiscal year or for the total of that first fiscal year and the ensuing fiscal years in the applicable resolution for which allocations are provided under
(3) Enforcement of social security levels in Senate
After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause a decrease in social security surpluses or an increase in social security deficits relative to the levels set forth in the applicable resolution for the first fiscal year or for the total of that fiscal year and the ensuing fiscal years for which allocations are provided under
(b) Social security levels
(1) In general
For purposes of subsection (a)(3), social security surpluses equal the excess of social security revenues over social security outlays in a fiscal year or years with such an excess and social security deficits equal the excess of social security outlays over social security revenues in a fiscal year or years with such an excess.
(2) Tax treatment
For purposes of subsection (a)(3), no provision of any legislation involving a change in
(c) Exception in House of Representatives
Subsection (a)(1) shall not apply in the House of Representatives to any bill, joint resolution, or amendment that provides new budget authority for a fiscal year or to any conference report on any such bill or resolution, if—
(1) the enactment of that bill or resolution as reported;
(2) the adoption and enactment of that amendment; or
(3) the enactment of that bill or resolution in the form recommended in that conference report;
would not cause the appropriate allocation of new budget authority made pursuant to
(
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (b)(2), is classified generally to Title 26, Internal Revenue Code.
Codification
Section was formerly classified to
Amendments
1997—
1990—Subsec. (a).
"(A) for fiscal year 1989 or any subsequent fiscal year, exceeds the maximum deficit amount specified for such fiscal year in
"(B) for fiscal year 1988 or 1989, exceeds the amount of the estimated deficit for such fiscal year based on laws and regulations in effect on January 1 of the calendar year in which such fiscal year begins as measured using the budget baseline specified in
except to the extent that paragraph (1) of
1987—Subsec. (a).
"(A) for fiscal year 1989 or any subsequent fiscal year, exceeds the maximum deficit amount specified for such fiscal year in
"(B) for fiscal year 1988 or 1989, exceeds the amount of the estimated deficit for such fiscal year based on laws and regulations in effect on January 1 of the calendar year in which such fiscal year begins as measured using the budget baseline specified in
except to the extent that paragraph (1) of
1985—Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by section 13303(d) of
Effective Date of 1985 Amendment
Amendment by
§643. Determinations and points of order
(a) Budget Committee determinations
For purposes of this subchapter and subchapter II, the levels of new budget authority, outlays, direct spending, new entitlement authority, and revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or the Senate, as applicable.
(b) Discretionary spending point of order in Senate
(1) In general
Except as otherwise provided in this subsection, it shall not be in order in the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that would exceed any of the discretionary spending limits in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 [
(2) Exceptions
This subsection shall not apply if a declaration of war by the Congress is in effect or if a joint resolution pursuant to section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985 [
(c) Maximum deficit amount point of order in Senate
It shall not be in order in the Senate to consider any concurrent resolution on the budget for a fiscal year, or to consider any amendment to that concurrent resolution, or to consider a conference report on that concurrent resolution, if—
(1) the level of total outlays for the first fiscal year set forth in that concurrent resolution or conference report exceeds; or
(2) the adoption of that amendment would result in a level of total outlays for that fiscal year that exceeds;
the recommended level of Federal revenues for that fiscal year, by an amount that is greater than the maximum deficit amount, if any, specified in the Balanced Budget and Emergency Deficit Control Act of 1985 for that fiscal year.
(d) Timing of points of order in Senate
A point of order under this Act may not be raised against a bill, resolution, amendment, motion, or conference report while an amendment or motion, the adoption of which would remedy the violation of this Act, is pending before the Senate.
(e) Points of order in Senate against amendments between Houses
Each provision of this Act that establishes a point of order against an amendment also establishes a point of order in the Senate against an amendment between the Houses. If a point of order under this Act is raised in the Senate against an amendment between the Houses and the point of order is sustained, the effect shall be the same as if the Senate had disagreed to the amendment.
(f) Effect of point of order in Senate
In the Senate, if a point of order under this Act against a bill or resolution is sustained, the Presiding Officer shall then recommit the bill or resolution to the committee of appropriate jurisdiction for further consideration.
(
Editorial Notes
References in Text
The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (c), is title II of
This Act, referred to in subsecs. (d) to (f), means
Amendments
1997—
§644. Extraneous matter in reconciliation legislation
(a) In general
When the Senate is considering a reconciliation bill or a reconciliation resolution pursuant to
(b) Extraneous provisions
(1)(A) Except as provided in paragraph (2), a provision of a reconciliation bill or reconciliation resolution considered pursuant to
(2) A Senate-originated provision shall not be considered extraneous under paragraph (1)(A) if the Chairman and Ranking Minority Member of the Committee on the Budget and the Chairman and Ranking Minority Member of the Committee which reported the provision certify that: (A) the provision mitigates direct effects clearly attributable to a provision changing outlays or revenues and both provisions together produce a net reduction in the deficit; (B) the provision will result in a substantial reduction in outlays or a substantial increase in revenues during fiscal years after the fiscal years covered by the reconciliation bill or reconciliation resolution; (C) a reduction of outlays or an increase in revenues is likely to occur as a result of the provision, in the event of new regulations authorized by the provision or likely to be proposed, court rulings on pending litigation, or relationships between economic indices and stipulated statutory triggers pertaining to the provision, other than the regulations, court rulings or relationships currently projected by the Congressional Budget Office for scorekeeping purposes; or (D) such provision will be likely to produce a significant reduction in outlays or increase in revenues but, due to insufficient data, such reduction or increase cannot be reliably estimated.
(3) A provision reported by a committee shall not be considered extraneous under paragraph (1)(C) if (A) the provision is an integral part of a provision or title, which if introduced as a bill or resolution would be referred to such committee, and the provision sets forth the procedure to carry out or implement the substantive provisions that were reported and which fall within the jurisdiction of such committee; or (B) the provision states an exception to, or a special application of, the general provision or title of which it is a part and such general provision or title if introduced as a bill or resolution would be referred to such committee.
(c) Extraneous materials
Upon the reporting or discharge of a reconciliation bill or resolution pursuant to
(d) Conference reports
When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a reconciliation bill or reconciliation resolution pursuant to
(1) a point of order being made by any Senator against extraneous material meeting the definition of subsections (b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F), and
(2) such point of order being sustained,
such material contained in such conference report or amendment shall be deemed stricken, and the Senate shall proceed, without intervening action or motion, to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable for two hours. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.
(e) General point of order
Notwithstanding any other law or rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a bill, resolution, amendment, motion, or conference report violate this section. The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains the point of order as to some of the provisions (including provisions of an amendment, motion, or conference report) against which the Senator raised the point of order, then only those provisions (including provisions of an amendment, motion, or conference report) against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this section. Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. After the Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding Officer on such a point of order as it applies to some or all of the provisions on which the Presiding Officer ruled.
(
Editorial Notes
Codification
Prior to redesignation by
Amendments
1997—Subsec. (c).
Subsec. (d).
Subsec. (e).
1990—
Subsec. (a).
Subsec. (b).
Subsec. (b)(1)(A).
Subsec. (b)(1)(F).
Subsec. (b)(2).
Subsec. (b)(2)(C).
Subsec. (c).
Subsec. (d).
Subsecs. (e) to (g).
1987—Subsec. (c).
Subsec. (d)(1)(E).
1986—Subsec. (c).
Subsec. (d)(2).
Subsec. (d)(2)(A).
Subsec. (d)(2)(B).
Subsec. (d)(3).
§645. Adjustments
(a) Adjustments
After the reporting of a bill or joint resolution or the offering of an amendment thereto or the submission of a conference report thereon, the chairman of the Committee on the Budget of the House of Representatives or the Senate may make appropriate budgetary adjustments of new budget authority and the outlays flowing therefrom in the same amount as required by
(b) Application of adjustments
The adjustments made pursuant to subsection (a) for legislation shall—
(1) apply while that legislation is under consideration;
(2) take effect upon the enactment of that legislation; and
(3) be published in the Congressional Record as soon as practicable.
(c) Reporting revised suballocations
Following any adjustment made under subsection (a), the Committees on Appropriations of the Senate and the House of Representatives may report appropriately revised suballocations under
(d) Emergencies in the House of Representatives
(1) In the House of Representatives, if a reported bill or joint resolution, or amendment thereto or conference report thereon, contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency requirement pursuant to 901(b)(2)(A) 1 of this title, the chair of the Committee on the Budget of the House of Representatives shall not count the budgetary effects of such provision for purposes of this subchapter and subchapter II and the Rules of the House of Representatives.
(2)(A) In the House of Representatives, a proposal to strike a designation under paragraph (1) shall be excluded from an evaluation of budgetary effects for purposes of this subchapter and subchapter II and the Rules of the House of Representatives.
(B) An amendment offered under subparagraph (A) that also proposes to reduce each amount appropriated or otherwise made available by the pending measure that is not required to be appropriated or otherwise made available shall be in order at any point in the reading of the pending measure.
(e) Senate point of order against an emergency designation
(1) In general
When the Senate is considering a bill, resolution, amendment, motion, amendment between the Houses, or conference report, if a point of order is made by a Senator against an emergency designation in that measure, that provision making such a designation shall be stricken from the measure and may not be offered as an amendment from the floor.
(2) Supermajority waiver and appeals
(A) Waiver
Paragraph (1) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.
(B) Appeals
Appeals in the Senate from the decisions of the Chair relating to any provision of this subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection.
(3) Definition of an emergency designation
For purposes of paragraph (1), a provision shall be considered an emergency designation if it designates any item pursuant to
(4) Form of the point of order
A point of order under paragraph (1) may be raised by a Senator as provided in
(5) Conference reports
When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.
(f) Enforcement of discretionary spending caps
It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause the discretionary spending limits as set forth in
(g) Adjustment for reemployment services and eligibility assessments
(1) In general
(A) Adjustments
If the Committee on Appropriations of either House reports an appropriation measure for any of fiscal years 2022 through 2027 that provides budget authority for grants under
(B) Types of adjustments
The adjustments referred to in this subparagraph consist of adjustments to—
(i) the discretionary spending limits for that fiscal year as set forth in the most recently adopted concurrent resolution on the budget;
(ii) the allocations to the Committees on Appropriations of the Senate and the House of Representatives for that fiscal year under
(iii) the appropriate budget aggregates for that fiscal year in the most recently adopted concurrent resolution on the budget.
(C) Enforcement
The adjusted discretionary spending limits, allocations, and aggregates under this paragraph shall be considered the appropriate limits, allocations, and aggregates for purposes of congressional enforcement of this Act and concurrent budget resolutions under this Act.
(D) Limitation
No adjustment may be made under this subsection in excess of—
(i) for fiscal year 2022, $133,000,000;
(ii) for fiscal year 2023, $258,000,000;
(iii) for fiscal year 2024, $433,000,000;
(iv) for fiscal year 2025, $533,000,000;
(v) for fiscal year 2026, $608,000,000; and
(vi) for fiscal year 2027, $633,000,000.
(E) Definition
As used in this subsection, the term "additional new budget authority" means the amount provided for a fiscal year, in excess of $117,000,000, in an appropriation measure or conference report (as the case may be) and specified to pay for grants to States under
(2) Report on 633(b) level
Following any adjustment made under paragraph (1), the Committees on Appropriations of the Senate and the House of Representatives may report appropriately revised suballocations pursuant to
(
Editorial Notes
References in Text
This Act, referred to in subsec. (g)(1)(C), is
Amendments
2018—Subsec. (g).
2013—Subsec. (d)(2).
2011—Subsec. (a).
Subsecs. (b) to (d).
Subsec. (e).
Subsec. (f).
1997—Subsec. (b)(6).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 Amendment
Amendment by
1 So in original. Probably should be preceded by the word "section".
§645a. Effect of adoption of special order of business in House of Representatives
For purposes of a reported bill or joint resolution considered in the House of Representatives pursuant to a special order of business, the term "as reported" in this subchapter or subchapter II shall be considered to refer to the text made in order as an original bill or joint resolution for the purpose of amendment or to the text on which the previous question is ordered directly to passage, as the case may be. In the case of a reported bill or joint resolution considered pursuant to a special order of business, a point of order under
(
Editorial Notes
Amendments
2013—
SUBCHAPTER II—FISCAL PROCEDURES
Part A—General Provisions
§651. Budget-related legislation not subject to appropriations
(a) Controls on certain budget-related legislation not subject to appropriations
It shall not be in order in either the House of Representatives or the Senate to consider any bill or joint resolution (in the House of Representatives only, as reported), amendment, motion, or conference report that provides—
(1) new authority to enter into contracts under which the United States is obligated to make outlays;
(2) new authority to incur indebtedness (other than indebtedness incurred under
(3) new credit authority;
unless that bill, joint resolution, amendment, motion, or conference report also provides that the new authority is to be effective for any fiscal year only to the extent or in the amounts provided in advance in appropriation Acts.
(b) Legislation providing new entitlement authority
(1)
(2) If any committee of the House of Representatives or the Senate reports any bill or resolution which provides new entitlement authority which is to become effective during a fiscal year and the amount of new budget authority which will be required for such fiscal year if such bill or resolution is enacted as so reported exceeds the appropriate allocation of new budget authority reported under
(3) The Committee on Appropriations of each House shall have jurisdiction to report any bill or resolution referred to it under paragraph (2) with an amendment which limits the total amount of new spending authority provided in such bill or resolution.
(c) Exceptions
(1) Subsections (a) and (b) shall not apply to new authority described in those subsections if outlays from that new authority will flow—
(A) from a trust fund established by the Social Security Act (as in effect on July 12, 1974) [
(B) from any other trust fund, 90 percent or more of the receipts of which consist or will consist of amounts (transferred from the general fund of the Treasury) equivalent to amounts of taxes (related to the purposes for which such outlays are or will be made) received in the Treasury under specified provisions of the Internal Revenue Code of 1986 [
(2) Subsections (a) and (b) shall not apply to new authority described in those subsections to the extent that—
(A) the outlays resulting therefrom are made by an organization which is (i) a mixed-ownership Government corporation (as defined in
(B) the outlays resulting therefrom consist exclusively of the proceeds of gifts or bequests made to the United States for a specific purpose.
(3) In the House of Representatives, subsections (a) and (b) shall not apply to new authority described in those subsections to the extent that a provision in a bill or joint resolution, or an amendment thereto or a conference report thereon, establishes prospectively for a Federal office or position a specified or minimum level of compensation to be funded by annual discretionary appropriations.
(
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (c)(1)(A), is act Aug. 14, 1935, ch. 531,
The Internal Revenue Code of 1986, referred to in subsec. (c)(1)(B), is classified generally to Title 26, Internal Revenue Code.
Codification
In subsec. (c)(2)(A), "
Section was formerly classified to
Amendments
2013—Subsec. (b)(2).
Subsec. (c)(3).
1997—
Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2), (3).
1990—Subsec. (a).
Subsec. (b)(1).
1986—Subsec. (d)(1)(B).
1985—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1985 Amendment
Amendment by
Effective Date
§652. Repealed. Pub. L. 105–33, title X, §10116(b), Aug. 5, 1997, 111 Stat. 692
Section,
§653. Analysis by Congressional Budget Office
The Director of the Congressional Budget Office shall, to the extent practicable, prepare for each bill or resolution of a public character reported by any committee of the House of Representatives or the Senate (except the Committee on Appropriations of each House), and submit to such committee—
(1) an estimate of the costs which would be incurred in carrying out such bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, together with the basis for each such estimate;
(2) a comparison of the estimates of costs described in paragraph (1) with any available estimates of costs made by such committee or by any Federal agency; and
(3) a description of each method for establishing a Federal financial commitment contained in such bill or resolution.
The estimates, comparison, and description so submitted shall be included in the report accompanying such bill or resolution if timely submitted to such committee before such report is filed.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 402 of
Amendments
1995—Subsec. (a).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsecs. (b), (c).
"(b) For purposes of subsection (a)(2) of this section, the term 'local government' has the same meaning as in
"(c) For purposes of subsection (a)(2) of this section, the term 'significant bill or resolution' is defined as any bill or resolution which in the judgment of the Director of the Congressional Budget Office is likely to result in an annual cost to State and local governments of $200,000,000 or more, or is likely to have exceptional fiscal consequences for a geographic region or a particular level of government."
1985—Subsec. (a).
1981—Subsec. (a).
Subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1981 Amendment
Effective Date
Amendment by
Authorization of Appropriations
Expiration of Authorization
§654. Study by Government Accountability Office of forms of Federal financial commitment not reviewed annually by Congress
The Government Accountability Office shall study those provisions of law which provide mandatory spending and report to the Congress its recommendations for the appropriate form of financing for activities or programs financed by such provisions not later than eighteen months after December 12, 1985. Such report shall be revised from time to time.
(
Editorial Notes
Prior Provisions
A prior section 404 of
Amendments
2004—
1997—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of
§655. Off-budget agencies, programs, and activities
(a) Notwithstanding any other provision of law, budget authority, credit authority, and estimates of outlays and receipts for activities of the Federal budget which are off-budget immediately prior to December 12, 1985, not including activities of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, shall be included in a budget submitted pursuant to
(b) All receipts and disbursements of the Federal Financing Bank with respect to any obligations which are issued, sold, or guaranteed by a Federal agency shall be treated as a means of financing such agency for purposes of
(
Editorial Notes
References in Text
This Act, referred to in text, means
Prior Provisions
A prior section 405 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of
§656. Member User Group
The Speaker of the House of Representatives, after consulting with the Minority Leader of the House, may appoint a Member User Group for the purpose of reviewing budgetary scorekeeping rules and practices of the House and advising the Speaker from time to time on the effect and impact of such rules and practices.
(
Editorial Notes
Prior Provisions
A prior section 406 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 12, 1985, and applicable with respect to fiscal years beginning after Sept. 30, 1985, see section 275(a)(1) of
Part B—Federal Mandates
§658. Definitions
For purposes of this part:
(1) Agency
The term "agency" has the same meaning as defined in
(2) Amount
The term "amount", with respect to an authorization of appropriations for Federal financial assistance, means the amount of budget authority for any Federal grant assistance program or any Federal program providing loan guarantees or direct loans.
(3) Direct costs
The term "direct costs"—
(A)(i) in the case of a Federal intergovernmental mandate, means the aggregate estimated amounts that all State, local, and tribal governments would be required to spend or would be prohibited from raising in revenues in order to comply with the Federal intergovernmental mandate; or
(ii) in the case of a provision referred to in paragraph (5)(A)(ii), means the amount of Federal financial assistance eliminated or reduced;
(B) in the case of a Federal private sector mandate, means the aggregate estimated amounts that the private sector will be required to spend in order to comply with the Federal private sector mandate;
(C) shall be determined on the assumption that—
(i) State, local, and tribal governments, and the private sector will take all reasonable steps necessary to mitigate the costs resulting from the Federal mandate, and will comply with applicable standards of practice and conduct established by recognized professional or trade associations; and
(ii) reasonable steps to mitigate the costs shall not include increases in State, local, or tribal taxes or fees; and
(D) shall not include—
(i) estimated amounts that the State, local, and tribal governments (in the case of a Federal intergovernmental mandate) or the private sector (in the case of a Federal private sector mandate) would spend—
(I) to comply with or carry out all applicable Federal, State, local, and tribal laws and regulations in effect at the time of the adoption of the Federal mandate for the same activity as is affected by that Federal mandate; or
(II) to comply with or carry out State, local, and tribal governmental programs, or private-sector business or other activities in effect at the time of the adoption of the Federal mandate for the same activity as is affected by that mandate; or
(ii) expenditures to the extent that such expenditures will be offset by any direct savings to the State, local, and tribal governments, or by the private sector, as a result of—
(I) compliance with the Federal mandate; or
(II) other changes in Federal law or regulation that are enacted or adopted in the same bill or joint resolution or proposed or final Federal regulation and that govern the same activity as is affected by the Federal mandate.
(4) Direct savings
The term "direct savings", when used with respect to the result of compliance with the Federal mandate—
(A) in the case of a Federal intergovernmental mandate, means the aggregate estimated reduction in costs to any State, local, or tribal government as a result of compliance with the Federal intergovernmental mandate; and
(B) in the case of a Federal private sector mandate, means the aggregate estimated reduction in costs to the private sector as a result of compliance with the Federal private sector mandate.
(5) Federal intergovernmental mandate
The term "Federal intergovernmental mandate" means—
(A) any provision in legislation, statute, or regulation that—
(i) would impose an enforceable duty upon State, local, or tribal governments, except—
(I) a condition of Federal assistance; or
(II) a duty arising from participation in a voluntary Federal program, except as provided in subparagraph (B); or
(ii) would reduce or eliminate the amount of authorization of appropriations for—
(I) Federal financial assistance that would be provided to State, local, or tribal governments for the purpose of complying with any such previously imposed duty unless such duty is reduced or eliminated by a corresponding amount; or
(II) the control of borders by the Federal Government; or reimbursement to State, local, or tribal governments for the net cost associated with illegal, deportable, and excludable aliens, including court-mandated expenses related to emergency health care, education or criminal justice; when such a reduction or elimination would result in increased net costs to State, local, or tribal governments in providing education or emergency health care to, or incarceration of, illegal aliens; except that this subclause shall not be in effect with respect to a State, local, or tribal government, to the extent that such government has not fully cooperated in the efforts of the Federal Government to locate, apprehend, and deport illegal aliens;
(B) any provision in legislation, statute, or regulation that relates to a then-existing Federal program under which $500,000,000 or more is provided annually to State, local, and tribal governments under entitlement authority, if the provision—
(i)(I) would increase the stringency of conditions of assistance to State, local, or tribal governments under the program; or
(II) would place caps upon, or otherwise decrease, the Federal Government's responsibility to provide funding to State, local, or tribal governments under the program; and
(ii) the State, local, or tribal governments that participate in the Federal program lack authority under that program to amend their financial or programmatic responsibilities to continue providing required services that are affected by the legislation, statute, or regulation.
(6) Federal mandate
The term "Federal mandate" means a Federal intergovernmental mandate or a Federal private sector mandate, as defined in paragraphs (5) and (7).
(7) Federal private sector mandate
The term "Federal private sector mandate" means any provision in legislation, statute, or regulation that—
(A) would impose an enforceable duty upon the private sector except—
(i) a condition of Federal assistance; or
(ii) a duty arising from participation in a voluntary Federal program; or
(B) would reduce or eliminate the amount of authorization of appropriations for Federal financial assistance that will be provided to the private sector for the purposes of ensuring compliance with such duty.
(8) Local government
The term "local government" has the same meaning as defined in
(9) Private sector
The term "private sector" means all persons or entities in the United States, including individuals, partnerships, associations, corporations, and educational and nonprofit institutions, but shall not include State, local, or tribal governments.
(10) Regulation; rule
The term "regulation" or "rule" (except with respect to a rule of either House of the Congress) has the meaning of "rule" as defined in
(11) Small government
The term "small government" means any small governmental jurisdictions defined in
(12) State
The term "State" has the same meaning as defined in
(13) Tribal government
The term "tribal government" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (
(
Editorial Notes
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (13), is
Amendments
2013—Par. (5)(A)(i)(II).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under
§658a. Exclusions
This part shall not apply to any provision in a bill, joint resolution, amendment, motion, or conference report before Congress that—
(1) enforces constitutional rights of individuals;
(2) establishes or enforces any statutory rights that prohibit discrimination on the basis of race, color, religion, sex, national origin, age, handicap, or disability;
(3) requires compliance with accounting and auditing procedures with respect to grants or other money or property provided by the Federal Government;
(4) provides for emergency assistance or relief at the request of any State, local, or tribal government or any official of a State, local, or tribal government;
(5) is necessary for the national security or the ratification or implementation of international treaty obligations;
(6) the President designates as emergency legislation and that the Congress so designates in statute; or
(7) relates to the old-age, survivors, and disability insurance program under title II of the Social Security Act [
(
Editorial Notes
References in Text
The Social Security Act, referred to in par. (7), is act Aug. 14, 1935, ch. 531,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under
§658b. Duties of Congressional committees
(a) In general
When a committee of authorization of the Senate or the House of Representatives reports a bill or joint resolution of public character that includes any Federal mandate, the report of the committee accompanying the bill or joint resolution shall contain the information required by subsections (c) and (d).
(b) Submission of bills to Director
When a committee of authorization of the Senate or the House of Representatives orders reported a bill or joint resolution of a public character, the committee shall promptly provide the bill or joint resolution to the Director of the Congressional Budget Office and shall identify to the Director any Federal mandates contained in the bill or resolution.
(c) Reports on Federal mandates
Each report described under subsection (a) shall contain—
(1) an identification and description of any Federal mandates in the bill or joint resolution, including the direct costs to State, local, and tribal governments, and to the private sector, required to comply with the Federal mandates;
(2) a qualitative, and if practicable, a quantitative assessment of costs and benefits anticipated from the Federal mandates (including the effects on health and safety and the protection of the natural environment); and
(3) a statement of the degree to which a Federal mandate affects both the public and private sectors and the extent to which Federal payment of public sector costs or the modification or termination of the Federal mandate as provided under
(d) Intergovernmental mandates
If any of the Federal mandates in the bill or joint resolution are Federal intergovernmental mandates, the report required under subsection (a) shall also contain—
(1)(A) a statement of the amount, if any, of increase or decrease in authorization of appropriations under existing Federal financial assistance programs, or of authorization of appropriations for new Federal financial assistance, provided by the bill or joint resolution and usable for activities of State, local, or tribal governments subject to the Federal intergovernmental mandates;
(B) a statement of whether the committee intends that the Federal intergovernmental mandates be partly or entirely unfunded, and if so, the reasons for that intention; and
(C) if funded in whole or in part, a statement of whether and how the committee has created a mechanism to allocate the funding in a manner that is reasonably consistent with the expected direct costs among and between the respective levels of State, local, and tribal government;
(2) any existing sources of Federal assistance in addition to those identified in paragraph (1) that may assist State, local, and tribal governments in meeting the direct costs of the Federal intergovernmental mandates; and
(3) if the bill or joint resolution would make the reduction specified in
(e) Preemption clarification and information
When a committee of authorization of the Senate or the House of Representatives reports a bill or joint resolution of public character, the committee report accompanying the bill or joint resolution shall contain, if relevant to the bill or joint resolution, an explicit statement on the extent to which the bill or joint resolution is intended to preempt any State, local, or tribal law, and, if so, an explanation of the effect of such preemption.
(f) Publication of statement from Director
(1) In general
Upon receiving a statement from the Director under
(2) Other publication of statement of Director
If the statement is not published in the report, or if the bill or joint resolution to which the statement relates is expected to be considered by the Senate or the House of Representatives before the report is published, the committee shall cause the statement, or a summary thereof, to be published in the Congressional Record in advance of floor consideration of the bill or joint resolution.
(
Editorial Notes
Amendments
1999—Subsec. (d)(3).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under
§658c. Duties of Director; statements on bills and joint resolutions other than appropriations bills and joint resolutions
(a) Federal intergovernmental mandates in reported bills and resolutions
For each bill or joint resolution of a public character reported by any committee of authorization of the Senate or the House of Representatives, the Director of the Congressional Budget Office shall prepare and submit to the committee a statement as follows:
(1) Contents
If the Director estimates that the direct cost of all Federal intergovernmental mandates in the bill or joint resolution will equal or exceed $50,000,000 (adjusted annually for inflation) in the fiscal year in which any Federal intergovernmental mandate in the bill or joint resolution (or in any necessary implementing regulation) would first be effective or in any of the 4 fiscal years following such fiscal year, the Director shall so state, specify the estimate, and briefly explain the basis of the estimate.
(2) Estimates
Estimates required under paragraph (1) shall include estimates (and brief explanations of the basis of the estimates) of—
(A) the total amount of direct cost of complying with the Federal intergovernmental mandates in the bill or joint resolution;
(B) if the bill or resolution contains an authorization of appropriations under
(C) the amount, if any, of increase in authorization of appropriations under existing Federal financial assistance programs, or of authorization of appropriations for new Federal financial assistance, provided by the bill or joint resolution and usable by State, local, or tribal governments for activities subject to the Federal intergovernmental mandates.
(3) Additional flexibility information
The Director shall include in the statement submitted under this subsection, in the case of legislation that makes changes as described in
(A) if no additional flexibility is provided in the legislation, a description of whether and how the States can offset the reduction under existing law; or
(B) if additional flexibility is provided in the legislation, whether the resulting savings would offset the reductions in that program assuming the States fully implement that additional flexibility.
(4) Estimate not feasible
If the Director determines that it is not feasible to make a reasonable estimate that would be required under paragraphs (1) and (2), the Director shall not make the estimate, but shall report in the statement that the reasonable estimate cannot be made and shall include the reasons for that determination in the statement. If such determination is made by the Director, a point of order under this part shall lie only under
(b) Federal private sector mandates in reported bills and joint resolutions
For each bill or joint resolution of a public character reported by any committee of authorization of the Senate or the House of Representatives, the Director of the Congressional Budget Office shall prepare and submit to the committee a statement as follows:
(1) Contents
If the Director estimates that the direct cost of all Federal private sector mandates in the bill or joint resolution will equal or exceed $100,000,000 (adjusted annually for inflation) in the fiscal year in which any Federal private sector mandate in the bill or joint resolution (or in any necessary implementing regulation) would first be effective or in any of the 4 fiscal years following such fiscal year, the Director shall so state, specify the estimate, and briefly explain the basis of the estimate.
(2) Estimates
Estimates required under paragraph (1) shall include estimates (and a brief explanation of the basis of the estimates) of—
(A) the total amount of direct costs of complying with the Federal private sector mandates in the bill or joint resolution; and
(B) the amount, if any, of increase in authorization of appropriations under existing Federal financial assistance programs, or of authorization of appropriations for new Federal financial assistance, provided by the bill or joint resolution usable by the private sector for the activities subject to the Federal private sector mandates.
(3) Estimate not feasible
If the Director determines that it is not feasible to make a reasonable estimate that would be required under paragraphs (1) and (2), the Director shall not make the estimate, but shall report in the statement that the reasonable estimate cannot be made and shall include the reasons for that determination in the statement.
(c) Legislation falling below direct costs thresholds
If the Director estimates that the direct costs of a Federal mandate will not equal or exceed the thresholds specified in subsections (a) and (b), the Director shall so state and shall briefly explain the basis of the estimate.
(d) Amended bills and joint resolutions; conference reports
If a bill or joint resolution is passed in an amended form (including if passed by one House as an amendment in the nature of a substitute for the text of a bill or joint resolution from the other House) or is reported by a committee of conference in amended form, and the amended form contains a Federal mandate not previously considered by either House or which contains an increase in the direct cost of a previously considered Federal mandate, then the committee of conference shall ensure, to the greatest extent practicable, that the Director shall prepare a statement as provided in this subsection or a supplemental statement for the bill or joint resolution in that amended form.
(
Editorial Notes
Amendments
1999—Subsec. (a)(3), (4).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under
§658d. Legislation subject to point of order
(a) In general
It shall not be in order in the Senate or the House of Representatives to consider—
(1) any bill or joint resolution that is reported by a committee unless the committee has published a statement of the Director on the direct costs of Federal mandates in accordance with
(2) any bill, joint resolution, amendment, motion, or conference report that would increase the direct costs of Federal intergovernmental mandates by an amount that causes the thresholds specified in
(A) the bill, joint resolution, amendment, motion, or conference report provides new budget authority or new entitlement authority in the House of Representatives or direct spending authority in the Senate for each fiscal year for such mandates included in the bill, joint resolution, amendment, motion, or conference report in an amount equal to or exceeding the direct costs of such mandate; or
(B) the bill, joint resolution, amendment, motion, or conference report includes an authorization for appropriations in an amount equal to or exceeding the direct costs of such mandate, and—
(i) identifies a specific dollar amount of the direct costs of such mandate for each year up to 10 years during which such mandate shall be in effect under the bill, joint resolution, amendment, motion or conference report, and such estimate is consistent with the estimate determined under subsection (e) for each fiscal year;
(ii) identifies any appropriation bill that is expected to provide for Federal funding of the direct cost referred to under clause (i); and
(iii)(I) provides that for any fiscal year the responsible Federal agency shall determine whether there are insufficient appropriations for that fiscal year to provide for the direct costs under clause (i) of such mandate, and shall (no later than 30 days after the beginning of the fiscal year) notify the appropriate authorizing committees of Congress of the determination and submit either—
(aa) a statement that the agency has determined, based on a re-estimate of the direct costs of such mandate, after consultation with State, local, and tribal governments, that the amount appropriated is sufficient to pay for the direct costs of such mandate; or
(bb) legislative recommendations for either implementing a less costly mandate or making such mandate ineffective for the fiscal year;
(II) provides for expedited procedures for the consideration of the statement or legislative recommendations referred to in subclause (I) by Congress no later than 30 days after the statement or recommendations are submitted to Congress; and
(III) provides that such mandate shall—
(aa) in the case of a statement referred to in subclause (I)(aa), cease to be effective 60 days after the statement is submitted unless Congress has approved the agency's determination by joint resolution during the 60-day period;
(bb) cease to be effective 60 days after the date the legislative recommendations of the responsible Federal agency are submitted to Congress under subclause (I)(bb) unless Congress provides otherwise by law; or
(cc) in the case that such mandate that has not yet taken effect, continue not to be effective unless Congress provides otherwise by law.
(b) Rule of construction
The provisions of subsection (a)(2)(B)(iii) shall not be construed to prohibit or otherwise restrict a State, local, or tribal government from voluntarily electing to remain subject to the original Federal intergovernmental mandate, complying with the programmatic or financial responsibilities of the original Federal intergovernmental mandate and providing the funding necessary consistent with the costs of Federal agency assistance, monitoring, and enforcement.
(c) Committee on Appropriations
(1) Application
The provisions of subsection (a)—
(A) shall not apply to any bill or resolution reported by the Committee on Appropriations of the Senate or the House of Representatives; except
(B) shall apply to—
(i) any legislative provision increasing direct costs of a Federal intergovernmental mandate contained in any bill or resolution reported by the Committee on Appropriations of the Senate or House of Representatives;
(ii) any legislative provision increasing direct costs of a Federal intergovernmental mandate contained in any amendment offered to a bill or resolution reported by the Committee on Appropriations of the Senate or House of Representatives;
(iii) any legislative provision increasing direct costs of a Federal intergovernmental mandate in a conference report accompanying a bill or resolution reported by the Committee on Appropriations of the Senate or House of Representatives; and
(iv) any legislative provision increasing direct costs of a Federal intergovernmental mandate contained in any amendments in disagreement between the two Houses to any bill or resolution reported by the Committee on Appropriations of the Senate or House of Representatives.
(2) Certain provisions stricken in Senate
Upon a point of order being made by any Senator against any provision listed in paragraph (1)(B), and the point of order being sustained by the Chair, such specific provision shall be deemed stricken from the bill, resolution, amendment, amendment in disagreement, or conference report and may not be offered as an amendment from the floor.
(d) Determinations of applicability to pending legislation
For purposes of this section, in the Senate, the presiding officer of the Senate shall consult with the Committee on Governmental Affairs, to the extent practicable, on questions concerning the applicability of this part to a pending bill, joint resolution, amendment, motion, or conference report.
(e) Determinations of Federal mandate levels
For purposes of this section, in the Senate, the levels of Federal mandates for a fiscal year shall be determined based on the estimates made by the Committee on the Budget.
(
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under
§658e. Provisions relating to House of Representatives
(a) Enforcement in House of Representatives
It shall not be in order in the House of Representatives to consider a rule or order that waives the application of
(b) Disposition of points of order
(1) Application to House of Representatives
This subsection shall apply only to the House of Representatives.
(2) Threshold burden
In order to be cognizable by the Chair, a point of order under
(3) Question of consideration
As disposition of points of order under
(4) Debate and intervening motions
A question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be.
(5) Effect on amendment in order as original text
The disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under
§658f. Requests to Congressional Budget Office from Senators
At the written request of a Senator, the Director shall, to the extent practicable, prepare an estimate of the direct costs of a Federal intergovernmental mandate contained in an amendment of such Senator.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under
§658g. Clarification of application
(a) In general
This part applies to any bill, joint resolution, amendment, motion, or conference report that reauthorizes appropriations, or that amends existing authorizations of appropriations, to carry out any statute, or that otherwise amends any statute, only if enactment of the bill, joint resolution, amendment, motion, or conference report—
(1) would result in a net reduction in or elimination of authorization of appropriations for Federal financial assistance that would be provided to State, local, or tribal governments for use for the purpose of complying with any Federal intergovernmental mandate, or to the private sector for use to comply with any Federal private sector mandate, and would not eliminate or reduce duties established by the Federal mandate by a corresponding amount; or
(2) would result in a net increase in the aggregate amount of direct costs of Federal intergovernmental mandates or Federal private sector mandates other than as described in paragraph (1).
(b) Direct costs
(1) In general
For purposes of this part, the direct cost of the Federal mandates in a bill, joint resolution, amendment, motion, or conference report that reauthorizes appropriations, or that amends existing authorizations of appropriations, to carry out a statute, or that otherwise amends any statute, means the net increase, resulting from enactment of the bill, joint resolution, amendment, motion, or conference report, in the amount described under paragraph (2)(A) over the amount described under paragraph (2)(B).
(2) Amounts
The amounts referred to under paragraph (1) are—
(A) the aggregate amount of direct costs of Federal mandates that would result under the statute if the bill, joint resolution, amendment, motion, or conference report is enacted; and
(B) the aggregate amount of direct costs of Federal mandates that would result under the statute if the bill, joint resolution, amendment, motion, or conference report were not enacted.
(3) Extension of authorization of appropriations
For purposes of this section, in the case of legislation to extend authorization of appropriations, the authorization level that would be provided by the extension shall be compared to the authorization level for the last year in which authorization of appropriations is already provided.
(
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under
SUBCHAPTER III—CREDIT REFORM
§661. Purposes
The purposes of this subchapter are to—
(1) measure more accurately the costs of Federal credit programs;
(2) place the cost of credit programs on a budgetary basis equivalent to other Federal spending;
(3) encourage the delivery of benefits in the form most appropriate to the needs of beneficiaries; and
(4) improve the allocation of resources among credit programs and between credit and other spending programs.
(
Editorial Notes
Prior Provisions
A prior section 661,
A prior section 501 of
Statutory Notes and Related Subsidiaries
Short Title
For short title of title V of
§661a. Definitions
For purposes of this subchapter—
(1) The term "direct loan" means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds with or without interest. The term includes the purchase of, or participation in, a loan made by another lender and financing arrangements that defer payment for more than 90 days, including the sale of a government 1 asset on credit terms. The term does not include the acquisition of a federally guaranteed loan in satisfaction of default claims or the price support loans of the Commodity Credit Corporation.
(2) The term "direct loan obligation" means a binding agreement by a Federal agency to make a direct loan when specified conditions are fulfilled by the borrower.
(3) The term "loan guarantee" means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions.
(4) The term "loan guarantee commitment" means a binding agreement by a Federal agency to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement.
(5)(A) The term "cost" means the estimated long-term cost to the Government of a direct loan or loan guarantee or modification thereof, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays.
(B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following estimated cash flows:
(i) loan disbursements;
(ii) repayments of principal; and
(iii) payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries;
including the effects of changes in loan terms resulting from the exercise by the borrower of an option included in the loan contract.
(C) The cost of a loan guarantee shall be the net present value, at the time when the guaranteed loan is disbursed, of the following estimated cash flows:
(i) payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments; and
(ii) payments to the Government including origination and other fees, penalties and recoveries;
including the effects of changes in loan terms resulting from the exercise by the guaranteed lender of an option included in the loan guarantee contract, or by the borrower of an option included in the guaranteed loan contract.
(D) The cost of a modification is the difference between the current estimate of the net present value of the remaining cash flows under the terms of a direct loan or loan guarantee contract, and the current estimate of the net present value of the remaining cash flows under the terms of the contract, as modified.
(E) In estimating net present values, the discount rate shall be the average interest rate on marketable Treasury securities of similar maturity to the cash flows of the direct loan or loan guarantee for which the estimate is being made.
(F) When funds are obligated for a direct loan or loan guarantee, the estimated cost shall be based on the current assumptions, adjusted to incorporate the terms of the loan contract, for the fiscal year in which the funds are obligated.
(6) The term "credit program account" means the budget account into which an appropriation to cover the cost of a direct loan or loan guarantee program is made and from which such cost is disbursed to the financing account.
(7) The term "financing account" means the non-budget account or accounts associated with each credit program account which holds balances, receives the cost payment from the credit program account, and also includes all other cash flows to and from the Government resulting from direct loan obligations or loan guarantee commitments made on or after October 1, 1991.
(8) The term "liquidating account" means the budget account that includes all cash flows to and from the Government resulting from direct loan obligations or loan guarantee commitments made prior to October 1, 1991.
These accounts shall be shown in the budget on a cash basis.
(9) The term "modification" means any Government action that alters the estimated cost of an outstanding direct loan (or direct loan obligation) or an outstanding loan guarantee (or loan guarantee commitment) from the current estimate of cash flows. This includes the sale of loan assets, with or without recourse, and the purchase of guaranteed loans. This also includes any action resulting from new legislation, or from the exercise of administrative discretion under existing law, that directly or indirectly alters the estimated cost of outstanding direct loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments) such as a change in collection procedures.
(10) The term "current" has the same meaning as in
(11) The term "Director" means the Director of the Office of Management and Budget.
(
Editorial Notes
Prior Provisions
A prior section 502 of
Amendments
1997—Par. (1).
Par. (5)(A).
Par. (5)(B), (C).
"(B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following cash flows:
"(i) loan disbursements;
"(ii) repayments of principal; and
"(iii) payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties and other recoveries.
"(C) The cost of a loan guarantee shall be the net present value when a guaranteed loan is disbursed of the cash flow from—
"(i) estimated payments by the Government to cover defaults and delinquencies, interest subsidies, or other payments, and
"(ii) the estimated payments to the Government including origination and other fees, penalties and recoveries."
Par. (5)(D).
Par. (5)(E).
Par. (5)(F).
Pars. (9) to (11).
1 So in original. Probably should be capitalized.
§661b. OMB and CBO analysis, coordination, and review
(a) In general
For the executive branch, the Director shall be responsible for coordinating the estimates required by this subchapter. The Director shall consult with the agencies that administer direct loan or loan guarantee programs.
(b) Delegation
The Director may delegate to agencies authority to make estimates of costs. The delegation of authority shall be based upon written guidelines, regulations, or criteria consistent with the definitions in this subchapter.
(c) Coordination with Congressional Budget Office
In developing estimation guidelines, regulations, or criteria to be used by Federal agencies, the Director shall consult with the Director of the Congressional Budget Office.
(d) Improving cost estimates
The Director and the Director of the Congressional Budget Office shall coordinate the development of more accurate data on historical performance of direct loan and loan guarantee programs. They shall annually review the performance of outstanding direct loans and loan guarantees to improve estimates of costs. The Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate the development and improvement of estimates of costs.
(e) Historical credit program costs
The Director shall review, to the extent possible, historical data and develop the best possible estimates of adjustments that would convert aggregate historical budget data to credit reform accounting.
(f) Administrative costs
The Director and the Director of the Congressional Budget Office shall each analyze and report to Congress on differences in long-term administrative costs for credit programs versus grant programs by January 31, 1992. Their reports shall recommend to Congress any changes, if necessary, in the treatment of administrative costs under credit reform accounting.
(
Editorial Notes
Prior Provisions
A prior section 503 of
§661c. Budgetary treatment
(a) President's budget
Beginning with fiscal year 1992, the President's budget shall reflect the costs of direct loan and loan guarantee programs. The budget shall also include the planned level of new direct loan obligations or loan guarantee commitments associated with each appropriations request.
(b) Appropriations required
Notwithstanding any other provision of law, new direct loan obligations may be incurred and new loan guarantee commitments may be made for fiscal year 1992 and thereafter only to the extent that—
(1) new budget authority to cover their costs is provided in advance in an appropriations Act;
(2) a limitation on the use of funds otherwise available for the cost of a direct loan or loan guarantee program has been provided in advance in an appropriations Act; or
(3) authority is otherwise provided in appropriation Acts.
(c) Exemption for mandatory programs
Subsections (b) and (e) shall not apply to a direct loan or loan guarantee program that—
(1) constitutes an entitlement (such as the guaranteed student loan program or the veterans' home loan guaranty program); or
(2) all existing credit programs of the Commodity Credit Corporation on November 5, 1990.
(d) Budget accounting
(1) The authority to incur new direct loan obligations, make new loan guarantee commitments, or modify outstanding direct loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments) shall constitute new budget authority in an amount equal to the cost of the direct loan or loan guarantee in the fiscal year in which definite authority becomes available or indefinite authority is used. Such budget authority shall constitute an obligation of the credit program account to pay to the financing account.
(2) The outlays resulting from new budget authority for the cost of direct loans or loan guarantees described in paragraph (1) shall be paid from the credit program account into the financing account and recorded in the fiscal year in which the direct loan or the guaranteed loan is disbursed or its costs altered.
(3) All collections and payments of the financing accounts shall be a means of financing.
(e) Modifications
An outstanding direct loan (or direct loan obligation) or loan guarantee (or loan guarantee commitment) shall not be modified in a manner that increases its costs unless budget authority for the additional cost has been provided in advance in an appropriations Act.
(f) Reestimates
When the estimated cost for a group of direct loans or loan guarantees for a given credit program made in a single fiscal year is reestimated in a subsequent year, the difference between the reestimated cost and the previous cost estimate shall be displayed as a distinct and separately identified subaccount in the credit program account as a change in program costs and a change in net interest. There is hereby provided permanent indefinite authority for these reestimates.
(g) Administrative expenses
All funding for an agency's administration of a direct loan or loan guarantee program shall be displayed as distinct and separately identified subaccounts within the same budget account as the program's cost.
(
Editorial Notes
Prior Provisions
A prior section 504 of
Amendments
1997—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Subsec. (d)(1).
Subsec. (e).
§661d. Authorizations
(a) Authorization of appropriations for costs
There are authorized to be appropriated to each Federal agency authorized to make direct loan obligations or loan guarantee commitments, such sums as may be necessary to pay the cost associated with such direct loan obligations or loan guarantee commitments.
(b) Authorization for financing accounts
In order to implement the accounting required by this subchapter, the President is authorized to establish such non-budgetary accounts as may be appropriate.
(c) Treasury transactions with financing accounts
The Secretary of the Treasury shall borrow from, receive from, lend to, or pay to the financing accounts such amounts as may be appropriate. The Secretary of the Treasury may prescribe forms and denominations, maturities, and terms and conditions for the transactions described above, except that the rate of interest charged by the Secretary on lending to financing accounts (including amounts treated as lending to financing accounts by the Federal Financing Bank (hereinafter in this subsection referred to as the "Bank") pursuant to
(d) Authorization for liquidating accounts
(1) Amounts in liquidating accounts shall be available only for payments resulting from direct loan obligations or loan guarantee commitments made prior to October 1, 1991, for—
(A) interest payments and principal repayments to the Treasury or the Federal Financing Bank for amounts borrowed;
(B) disbursements of loans;
(C) default and other guarantee claim payments;
(D) interest supplement payments;
(E) payments for the costs of foreclosing, managing, and selling collateral that are capitalized or routinely deducted from the proceeds of sales;
(F) payments to financing accounts when required for modifications;
(G) administrative expenses, if—
(i) amounts credited to the liquidating account would have been available for administrative expenses under a provision of law in effect prior to October 1, 1991; and
(ii) no direct loan obligation or loan guarantee commitment has been made, or any modification of a direct loan or loan guarantee has been made, since September 30, 1991; or
(H) such other payments as are necessary for the liquidation of such direct loan obligations and loan guarantee commitments.
(2) Amounts credited to liquidating accounts in any year shall be available only for payments required in that year. Any unobligated balances in liquidating accounts at the end of a fiscal year shall be transferred to miscellaneous receipts as soon as practicable after the end of the fiscal year.
(3) If funds in liquidating accounts are insufficient to satisfy obligations and commitments of such accounts, there is hereby provided permanent, indefinite authority to make any payments required to be made on such obligations and commitments.
(e) Authorization of appropriations for implementation expenses
There are authorized to be appropriated to existing accounts such sums as may be necessary for salaries and expenses to carry out the responsibilities under this subchapter.
(f) Reinsurance
Nothing in this subchapter shall be construed as authorizing or requiring the purchase of insurance or reinsurance on a direct loan or loan guarantee from private insurers. If any such reinsurance for a direct loan or loan guarantee is authorized, the cost of such insurance and any recoveries to the Government shall be included in the calculation of the cost.
(g) Eligibility and assistance
Nothing in this subchapter shall be construed to change the authority or the responsibility of a Federal agency to determine the terms and conditions of eligibility for, or the amount of assistance provided by a direct loan or a loan guarantee.
(
Editorial Notes
Prior Provisions
A prior section 505 of
Amendments
2013—Subsec. (c).
1997—Subsec. (c).
Subsec. (d).
§661e. Treatment of deposit insurance and agencies and other insurance programs
(a) In general
This subchapter shall not apply to the credit or insurance activities of the Federal Deposit Insurance Corporation, National Credit Union Administration, Resolution Trust Corporation, Pension Benefit Guaranty Corporation, National Flood Insurance, National Insurance Development Fund, Crop Insurance, or Tennessee Valley Authority.
(b) Study
The Director and the Director of the Congressional Budget Office shall each study whether the accounting for Federal deposit insurance programs should be on a cash basis on the same basis as loan guarantees, or on a different basis. Each Director shall report findings and recommendations to the President and the Congress on or before May 31, 1991.
(c) Access to data
For the purposes of subsection (b), the Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate these studies.
(
Editorial Notes
Prior Provisions
A prior section 506 of
Amendments
1997—
§661f. Effect on other laws
(a) Effect on other laws
This subchapter shall supersede, modify, or repeal any provision of law enacted prior to November 5, 1990, to the extent such provision is inconsistent with this subchapter. Nothing in this subchapter shall be construed to establish a credit limitation on any Federal loan or loan guarantee program.
(b) Crediting of collections
Collections resulting from direct loans obligated or loan guarantees committed prior to October 1, 1991, shall be credited to the liquidating accounts of Federal agencies. Amounts so credited shall be available, to the same extent that they were available prior to November 5, 1990, to liquidate obligations arising from such direct loans obligated or loan guarantees committed prior to October 1, 1991, including repayment of any obligations held by the Secretary of the Treasury or the Federal Financing Bank. The unobligated balances of such accounts that are in excess of current needs shall be transferred to the general fund of the Treasury. Such transfers shall be made from time to time but, at least once each year.
(
SUBCHAPTER IV—BUDGET AGREEMENT ENFORCEMENT PROVISIONS
§§665 to 665e. Repealed. Pub. L. 105–33, title X, §10118(a), Aug. 5, 1997, 111 Stat. 695
Section 665,
A prior section 601 of
Section 665a,
A prior section 602 of
Section 665b,
A prior section 603 of
Section 665c,
A prior section 604 of
Section 665d,
A prior section 605 of
Section 665e,
A prior section 606 of