-CITE-

2 USC CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL

OPERATIONS 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

.

-HEAD-

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

-MISC1-

Sec.

621. Congressional declaration of purpose.

622. Definitions.

623. Continuing study of additional budget reform proposals.

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

631. Timetable.

632. Annual adoption of concurrent resolution on the budget.

(a) Content of concurrent resolution on the budget.

(b) Additional matters in concurrent resolution.

(c) Consideration of procedures or matters which have

effect of changing any rule of House.

(d) Views and estimates of other committees.

(e) Hearings and report.

(f) Achievement of goals for reducing unemployment.

(g) Economic assumptions.

(h) Budget Committee's consultation with committees.

(i) Social security point of order.

633. Committee allocations.

(a) Committee spending allocations.

(b) Suballocations by Appropriations Committees.

(c) Point of order.

(d) Subsequent concurrent resolutions.

(e) Alteration of allocations.

(f) Legislation subject to point of order.

(g) Pay-as-you-go exception in the House.

634. Concurrent resolution on the budget must be adopted before

budget-related legislation is considered.

(a) In general.

(b) Exceptions in House.

(c) Application to appropriation measures in Senate.

635. Permissible revisions of concurrent resolutions on the budget.

636. Provisions relating to consideration of concurrent resolutions

on the budget.

(a) Procedure in House after report of Committee;

debate.

(b) Procedure in Senate after report of Committee;

debate; amendments.

(c) Action on conference reports in Senate.

(d) Concurrent resolution must be consistent in

Senate.

637. Legislation dealing with Congressional budget must be handled

by Budget Committees.

638. House Committee action on all appropriation bills to be

completed by June 10.

639. Reports, summaries, and projections of Congressional budget

actions.

(a) Reports on legislation providing new budget

authority or providing increase or decrease in

revenues or tax expenditures.

(b) Up-to-date tabulations of Congressional budget

action.

(c) Five-year projection of Congressional budget

action.

640. House approval of regular appropriation bills.

641. Reconciliation.

(a) Inclusion of reconciliation directives in

concurrent resolutions on the budget.

(b) Legislative procedure.

(c) Compliance with reconciliation directions.

(d) Limitation on amendments to reconciliation bills

and resolutions.

(e) Procedure in Senate.

(f) Completion of reconciliation process.

(g) Limitation on changes to Social Security Act.

642. Budget-related legislation must be within appropriate levels.

(a) Enforcement of budget aggregates.

(b) Social security levels.

(c) Exception in House of Representatives.

643. Determinations and points of order.

(a) Budget Committee determinations.

(b) Discretionary spending point of order in Senate.

(c) Maximum deficit amount point of order in Senate.

(d) Timing of points of order in Senate.

(e) Points of order in Senate against amendments

between Houses.

(f) Effect of point of order in Senate.

644. Extraneous matter in reconciliation legislation.

(a) In general.

(b) Extraneous provisions.

(c) Extraneous materials.

(d) Conference reports.

(e) General point of order.

645. Adjustments.

(a) Adjustments.

(b) Amounts of adjustments.

(c) Application of adjustments.

(d) Reporting revised suballocations.

(e) Definitions for CDRs.

645a. Effect of adoption of special order of business in House of

Representatives.

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.

(b) Legislation providing new entitlement authority.

(c) Exceptions.

652. Repealed.

653. Analysis by Congressional Budget Office.

654. Study by General Accounting Office of forms of Federal

financial commitment not reviewed annually by Congress.

655. Off-budget agencies, programs, and activities.

656. Member User Group.

PART B - FEDERAL MANDATES

658. Definitions.

658a. Exclusions.

658b. Duties of Congressional committees.

(a) In general.

(b) Submission of bills to Director.

(c) Reports on Federal mandates.

(d) Intergovernmental mandates.

(e) Preemption clarification and information.

(f) Publication of statement from Director.

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.

(b) Federal private sector mandates in reported bills

and joint resolutions.

(c) Legislation falling below direct costs

thresholds.

(d) Amended bills and joint resolutions; conference

reports.

658d. Legislation subject to point of order.

(a) In general.

(b) Rule of construction.

(c) Committee on Appropriations.

(d) Determinations of applicability to pending

legislation.

(e) Determinations of Federal mandate levels.

658e. Provisions relating to House of Representatives.

(a) Enforcement in House of Representatives.

(b) Disposition of points of order.

658f. Requests to Congressional Budget Office from Senators.

658g. Clarification of application.

(a) In general.

(b) Direct costs.

SUBCHAPTER III - CREDIT REFORM

661. Purposes.

661a. Definitions.

661b. OMB and CBO analysis, coordination, and review.

(a) In general.

(b) Delegation.

(c) Coordination with Congressional Budget Office.

(d) Improving cost estimates.

(e) Historical credit program costs.

(f) Administrative costs.

661c. Budgetary treatment.

(a) President's budget.

(b) Appropriations required.

(c) Exemption for mandatory programs.

(d) Budget accounting.

(e) Modifications.

(f) Reestimates.

(g) Administrative expenses.

661d. Authorizations.

(a) Authorization of appropriations for costs.

(b) Authorization for financing accounts.

(c) Treasury transactions with financing accounts.

(d) Authorization for liquidating accounts.

(e) Authorization of appropriations for

implementation expenses.

(f) Reinsurance.

(g) Eligibility and assistance.

661e. Treatment of Deposit Insurance and agencies and other

insurance programs.

(a) In general.

(b) Study.

(c) Access to data.

661f. Effect on other laws.

(a) Effect on other laws.

(b) Crediting of collections.

SUBCHAPTER IV - BUDGET AGREEMENT ENFORCEMENT PROVISIONS

665 to 665e. Repealed.

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2 USC Sec. 621 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

-HEAD-

Sec. 621. Congressional declaration of purpose

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-344, Sec. 2, July 12, 1974, 88 Stat. 298.)

-COD-

CODIFICATION

Section was formerly classified to section 1301 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

EFFECTIVE DATE

Section 905 of Pub. L. 93-344 provided effective dates for Pub.

L. 93-344 prior to repeal by Pub. L. 105-33, title X, Sec.

10120(a), Aug. 5, 1997, 111 Stat. 696.

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-141, Sec. 1, Dec. 7, 1999, 113 Stat. 1699, provided

that: ''This Act (amending sections 658b and 658c of this title)

may be cited as the 'State Flexibility Clarification Act'.''

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-108, Sec. 1, Dec. 23, 1981, 95 Stat. 1510, provided:

''That this Act (amending section 653 of this title and enacting

provisions set out as notes under section 653 of this title) may be

cited as the 'State and Local Government Cost Estimate Act of

1981'.''

SHORT TITLE

Section 1(a) of Pub. L. 93-344, as amended by Pub. L. 104-130,

Sec. 4(a), Apr. 9, 1996, 110 Stat. 1211, provided that: ''This Act

(enacting chapters 17, 17A and 17B, and section 190a-3 of this

title, and sections 11a, 11c, 11d, and 1020a of former Title 31,

amending section 105 of Title 1, General Provisions, sections 190b

and 190d of this title, and sections 11, 665, 701, 1020, and 1151,

1152, 1153, and 1154 of former Title 31, repealing sections 66 and

81 of this title, and sections 571 and 581c-1 of former Title 31,

and enacting provisions set out as notes under sections 190a-1,

621, 632, and 682 of this title, section 105 of Title 1, General

Provisions, and 1020 of former Title 31) may be cited as the

'Congressional Budget and Impoundment Control Act of 1974'. Titles

I through IX may be cited as the 'Congressional Budget Act of

1974'. Parts A and B of title X (enacting subchapters I and II of

chapter 17B of this title) may be cited as the 'Impoundment Control

Act of 1974'. Part C of title X (enacting subchapter III of chapter

17B of this title) may be cited as the 'Line Item Veto Act of

1996'.''

Pub. L. 93-344, title V, Sec. 500, as added Pub. L. 101-508,

title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-609,

provided that: ''This title (enacting subchapter III of this

chapter) may be cited as the 'Federal Credit Reform Act of 1990'.''

FINANCIAL SAFETY AND SOUNDNESS OF GOVERNMENT-SPONSORED ENTERPRISES

Pub. L. 101-508, title XIII, Sec. 13501, Nov. 5, 1990, 104 Stat.

1388-628, provided that:

''(a) Definition. - For purposes of this section, the terms

'Government-sponsored enterprise' and 'GSE' mean the Farm Credit

System (including the Farm Credit Banks, Banks for Cooperatives,

and Federal Agricultural Mortgage Corporation), the Federal Home

Loan Bank System, the Federal Home Loan Mortgage Corporation, the

Federal National Mortgage Association, and the Student Loan

Marketing Association.

''(b) Treasury Department Study and Proposed Legislation. -

''(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) Congressional Budget Office Study. -

''(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) Access to Relevant Information. -

''(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) Confidentiality of Relevant Information. -

''(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

section 552 of title 5, United States Code, for any book, record,

or information made available under subsection (d) and determined

by the Secretary of the Treasury to be confidential under this

subsection.

''(3) Any officer or employee of the Department of the Treasury

shall be subject to the penalties set forth in section 1906 of

title 18, United States Code, if -

''(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 (2 U.S.C.

603) with respect to any book, record, or information made

available under this subsection and determined by the Director to

be confidential under paragraph (1).

''(f) Requirement to Report Legislation. - (1) The committees of

jurisdiction in the House shall prepare and report to the House no

later than September 15, 1991, legislation to ensure the financial

soundness of GSEs and to minimize the possibility that a GSE might

require future assistance from the Government.

''(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) President's Budget. - The President's annual budget

submission shall include an analysis of the financial condition of

the GSEs and the financial exposure of the Government, if any,

posed by GSEs.''

MULTIYEAR AUTHORIZATIONS AND 2-YEAR APPROPRIATIONS FOR SELECTED

AGENCIES AND ACCOUNTS

Pub. L. 100-119, title II, Sec. 201, Sept. 29, 1987, 101 Stat.

784, provided that: ''It is the sense of the Congress that the

Congress should undertake an experiment with multiyear

authorizations and 2-year appropriations for selected agencies and

accounts. An evaluation of the efficacy and desirability of such

experiment should be conducted at the end of the 2-year period.

The appropriate committees are directed to develop a plan in

consultation with the leadership of the House and Senate to

implement this experiment.''

FINANCIAL MANAGEMENT REFORM

Pub. L. 100-119, title II, Sec. 203, Sept. 29, 1987, 101 Stat.

784, provided that: ''It is the sense of the Congress that the

Congress should undertake a coordinated effort to identify problems

and develop specific recommendations to reform the financial

management systems of the United States Government, including

consideration of the use of generally accepted accounting

principles.''

EXERCISE OF CONGRESSIONAL RULEMAKING POWER

Section 904 of Pub. L. 93-344, as amended by Pub. L. 99-177,

title II, Sec. 271(a), Dec. 12, 1985, 99 Stat. 1094; Pub. L.

101-508, title XIII, Sec. 13112(a)(11), 13208(a), Nov. 5, 1990, 104

Stat. 1388-608, 1388-619; Pub. L. 104-130, Sec. 4(c), Apr. 9, 1996,

110 Stat. 1212; Pub. L. 105-33, title X, Sec. 10119, Aug. 5, 1997,

111 Stat. 695, provided that:

''(a) The provisions of this title and of titles I, III, IV, and

V and the provisions of sections 701, 703,, (sic) 1017, 1025, and

1027 (enacting this chapter (except subchapter IV) and sections

190a-3, 688, 691d, and 691f of this title, amending the Rules of

the House of Representatives and the Standing Rules of the Senate,

and sections 190b and 190d of this title, and enacting provisions

set out as notes under this section and sections 190a-1 and 632 of

this title) are enacted by the Congress -

''(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) Waivers. -

''(1) Permanent. - Sections 305(b)(2), 305(c)(4), 306,

310(d)(2), 313, 904(c), and 904(d) of this Act (sections

636(b)(2), (c)(4), 637, 641(d)(2), and 644 of this title and

subsecs. (c) and (d) of this note) may be waived or suspended in

the Senate only by the affirmative vote of three-fifths of the

Members, duly chosen and sworn.

''(2) Temporary. - Sections 301(i), 302(c), 302(f), 310(g),

311(a), 312(b), and 312(c) of this Act (sections 632(i), 633(c),

(f), 641(g), 642(a), and 643(b), (c) of this title) and sections

258(a)(4)(C), 258A(b)(3)(C)(I) ((i)), 258B(f)(1), 258B(h)(1),

258(h)(3) (258B(h)(3)), 258C(a)(5), and 258C(b)(1) of the

Balanced Budget and Emergency Deficit Control Act of 1985

(sections 907a(a)(4)(C), 907b(b)(3)(C)(i), 907c(f)(1), (h)(1),

(3), and 907d(a)(5), (b)(1) of this title) may be waived or

suspended in the Senate only by the affirmative vote of

three-fifths of the Members, duly chosen and sworn.

''(d) Appeals. -

''(1) Procedure. - Appeals in the Senate from the decisions of

the Chair relating to any provision of title III or IV (enacting

subchapters I and II of this chapter) or section 1017 (section

688 of this title) shall, except as otherwise provided therein,

be limited to 1 hour, to be equally divided between, and

controlled by, the mover and the manager of the resolution,

concurrent resolution, reconciliation bill, or rescission bill,

as the case may be.

''(2) Permanent. - An affirmative vote of three-fifths of the

Members, duly chosen and sworn, shall be required in the Senate

to sustain an appeal of the ruling of the Chair on a point of

order raised under sections 305(b)(2), 305(c)(4), 306, 310(d)(2),

313, 904(c), and 904(d) of this Act (sections 636(b)(2), (c)(4),

637, 641(d)(2), 644 of this title and subsecs. (c) and (d) of

this note).

''(3) Temporary. - An affirmative vote of three-fifths of the

Members, duly chosen and sworn, shall be required in the Senate

to sustain an appeal of the ruling of the Chair on a point of

order raised under sections 301(i), 302(c), 302(f), 310(g),

311(a), 312(b), and 312(c) of this Act and sections 258(a)(4)(C),

258A(b)(3)(C)(I) ((i)), 258B(f)(1), 258B(h)(1), 258(h)(3)

(258B(h)(3)), 258C(a)(5), and 258C(b)(1) of the Balanced Budget

and Emergency Deficit Control Act of 1985.

''(e) Expiration of Certain Supermajority Voting Requirements. -

Subsections (c)(2) and (d)(3) shall expire on September 30, 2002.''

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Congressional Budget Act of 1974 is referred to in sections

907a, 907b, 907c, of this title; title 7 section 1446c-1; title 22

sections 2718, 4715; title 33 section 2326a; title 50 App. sections

1989b-8, 1989c-7.

The Congressional Budget and Impoundment Control Act of 1974 is

referred to in section 907a of this title; title 16 sections 544l,

1606; title 22 sections 2295b, 5857; title 42 section 11303.

-CITE-

2 USC Sec. 622 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

-HEAD-

Sec. 622. Definitions

-STATUTE-

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) Budget authority and new budget authority. -

(A) In general. - The term ''budget authority'' means the

authority provided by Federal law to incur financial

obligations, as follows:

(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) Limitations on budget authority. - With respect to the

Federal Hospital Insurance Trust Fund, the Supplementary

Medical Insurance Trust Fund, the Unemployment Trust Fund, and

the railroad retirement account, any amount that is precluded

from obligation in a fiscal year by a provision of law (such as

a limitation or a benefit formula) shall not be budget

authority in that year.

(C) New budget authority. - The term ''new budget authority''

means, with respect to a fiscal year -

(i) budget authority that first becomes available for

obligation in that year, including budget authority that

becomes available in that year s (FOOTNOTE 1) a result of a

reappropriation; or

(FOOTNOTE 1) So in original. Probably should be ''as''.

(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 section 632 of this title; and

(B) any other concurrent resolution revising the

congressional budget for the United States Government for a

fiscal year as described in section 635 of this title.

(5) The term ''appropriation Act'' means an Act referred to in

section 105 of title 1.

(6) The term ''deficit'' means, with respect to a fiscal year,

the amount by which outlays exceeds (FOOTNOTE 2) receipts during

that year.

(FOOTNOTE 2) So in original. Probably should be ''exceed''.

(7) The term ''surplus'' means, with respect to a fiscal year,

the amount by which receipts exceeds (FOOTNOTE 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.

-SOURCE-

(Pub. L. 93-344, Sec. 3, July 12, 1974, 88 Stat. 299; Aug. 1, 1946,

ch. 724, title I, Sec. 302(c), as added Aug. 30, 1954, ch. 1073,

Sec. 1, as added Pub. L. 95-110, Sec. 1, Sept. 20, 1977, 91 Stat.

884, renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8),

Oct. 24, 1992, 106 Stat. 2944; Pub. L. 99-177, title II, Sec.

201(a), 232(b), Dec. 12, 1985, 99 Stat. 1039, 1062; Pub. L. 99-514,

Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-119, title I,

Sec. 106(a), Sept. 29, 1987, 101 Stat. 780; Pub. L. 100-203, title

VIII, Sec. 8003(c), Dec. 22, 1987, 101 Stat. 1330-282; Pub. L.

101-508, title XIII, Sec. 13112(a)(2), 13201(b)(1), 13211(a), Nov.

5, 1990, 104 Stat. 1388-607, 1388-614, 1388-620; Pub. L. 105-33,

title X, Sec. 10101, Aug. 5, 1997, 111 Stat. 678.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 93-344, July 12,

1974, 88 Stat. 297, as amended, known as the Congressional Budget

and Impoundment Control Act of 1974, which enacted chapters 17, 17A

and 17B, and section 190a-3 of this title and sections 11a, 11c,

11d, 1020a of former Title 31, Money and Finance, amended sections

11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31,

section 105 of Title 1, General Provisions, sections 190b and 190d

of this title, repealed sections 571 and 581c-1 of former Title 31,

and sections 66 and 81 of this title, and enacted provisions set

out as notes under sections 190a-1, 621, 632, and 682 of this

title, section 105 of Title 1, and section 1020 of former Title 31.

For complete classification of this Act to the Code, see Short

Title note set out under section 621 of this title and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 1302 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1997 - Par. (9). Pub. L. 105-33 amended par. (9) generally.

Prior to amendment, par. (9) read as follows: ''The term

'entitlement authority' means spending authority described by

section 651(c)(2)(C) of this title.''

1990 - Par. (2). Pub. L. 101-508, Sec. 13211(a), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''The

term 'budget authority' means authority provided by law to enter

into obligations which will result in immediate or future outlays

involving Government funds or to collect offsetting receipts.,

except that such term does not include authority to insure or

guarantee the repayment of indebtedness incurred by another person

or government. The term includes the cost for direct loan and loan

guarantee programs, as those terms are defined by subchapter III of

this chapter''.

Pub. L. 101-508, Sec. 13201(b)(1), inserted at end: ''The term

includes the cost for direct loan and loan guarantee programs, as

those terms are defined by subchapter III of this chapter''.

Pars. (6) to (8). Pub. L. 101-508, Sec. 13112(a)(2), added pars.

(6) to (8) and struck out former par. (6) which defined ''deficit''

and contained provisions relating to calculation of the deficit,

former par. (7) which defined ''maximum deficit amount'', and

former par. (8) which defined ''off-budget Federal entity''.

1987 - Par. (7)(C). Pub. L. 100-203, Sec. 8003(c)(1), (2),

redesignated subpar. (D) as (C). Former subpar. (C), which provided

for maximum deficit amount of $108,000,000,000 for fiscal year

beginning Oct. 1, 1987, was struck out.

Par. (7)(D) to (I). Pub. L. 100-203, Sec. 8003(c)(2)-(7),

redesignated subpars. (E) to (I) as (D) to (H), respectively.

Former subpar. (D) redesignated (C).

Pub. L. 100-119 inserted subpars. (D) to (I) and struck out

former subpars. (D) to (F) which read as follows:

''(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). Pub. L. 99-514 substituted ''Internal Revenue

Code of 1986'' for ''Internal Revenue Code of 1954'', which for

purposes of codification was translated as ''title 26'' thus

requiring no change in text.

1985 - Par. (2). Pub. L. 99-177, Sec. 201(a)(2), inserted

reference to the collection of offsetting receipts, effective Apr.

15, 1986.

Par. (4). Pub. L. 99-177, Sec. 232(b), struck out subpar. (B)

relating to concurrent resolutions as provided in section 641 of

this title, and redesignated subpar. (C) as (B).

Pars. (6) to (10). Pub. L. 99-177, Sec. 201(a)(1), added pars.

(6) to (10).

1977 - Pub. L. 95-110 struck out designation ''(a)'' before ''For

the purpose of this chapter'' and struck out subsec. (b) which

provided that Members of the respective Houses of Congress who were

members of the Joint Committee on Atomic Energy were to be treated

as standing committees of their respective Houses of Congress.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 13211(b) of Pub. L. 101-508 provided that: ''The

amendment made by subsection (a) (amending this section) shall be

effective for fiscal year 1992 and subsequent fiscal years.''

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by sections 201(a)(1) and 232(b) of Pub. L. 99-177

effective Dec. 12, 1985, and applicable with respect to fiscal

years beginning after Sept. 30, 1985, and amendment by section

201(a)(2) of Pub. L. 99-177 effective Apr. 15, 1986, see section

275(a)(1), (2)(A) of Pub. L. 99-177, as amended, set out as an

Effective and Termination Dates note under section 900 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 900, 1602 of this title;

title 39 section 2009a; title 50 section 403f.

-CITE-

2 USC Sec. 623 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

-HEAD-

Sec. 623. Continuing study of additional budget reform proposals

-STATUTE-

(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) of this section, 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.

-SOURCE-

(Pub. L. 93-344, title VII, Sec. 703, July 12, 1974, 88 Stat. 326.)

-COD-

CODIFICATION

Section was formerly classified to section 1303 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-CITE-

2 USC SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

.

-HEAD-

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 632, 907a, 907b, 907c

of this title; title 42 section 6247.

-CITE-

2 USC Sec. 631 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 631. Timetable

-STATUTE-

The timetable with respect to the congressional budget process

for any fiscal year is as follows:

---------------------------------------------------------------------

^LOn or before: ^LAction 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 Committees submit views and

President submits budget 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.

-------------------------------

-SOURCE-

(Pub. L. 93-344, title III, Sec. 300, July 12, 1974, 88 Stat. 306;

Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat.

1040; Pub. L. 101-508, title XIII, Sec. 13112(a)(4), Nov. 5, 1990,

104 Stat. 1388-608; Pub. L. 105-33, title X, Sec. 10104(a), Aug. 5,

1997, 111 Stat. 679.)

-COD-

CODIFICATION

Section was formerly classified to section 1321 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1997 - Pub. L. 105-33 substituted ''Not later than 6 weeks after

President submits budget'' for ''February 25''.

1990 - Pub. L. 101-508 substituted ''First Monday in February''

for ''First Monday after January 3''.

1985 - Pub. L. 99-177 amended section generally. Prior to the

amendment the timetable was on or before: November 10 - President

submits current services budget; 15th day after Congress meets -

President submits his budget; March 15 - Committees and joint

committees submit reports to Budget Committees; April 1 -

Congressional Budget Office submits reports to Budget Committees;

April 15 - Budget Committees report first concurrent resolution on

the budget to their Houses; May 15 - Committees report bills and

resolutions authorizing new budget authority; May 15 - Congress

completes action on first concurrent resolution on the budget; 7th

day after Labor Day - Congress completes action on bills and

resolutions providing new budget authority and new spending

authority; September 15 - Congress completes action on second

required concurrent resolution on the budget; September 25 -

Congress completes action on reconciliation bill or resolution, or

both, implementing second required concurrent resolution; October 1

- Fiscal year begins.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of this

title.

EFFECTIVE DATE

Subchapter applicable with respect to the fiscal year beginning

Oct. 1, 1976, and succeeding fiscal years, except as section 906 of

Pub. L. 93-344, formerly set out as a note under section 632 of

this title, makes provision for possible application of this

section to the fiscal year beginning July 1, 1975, see section

905(c) of Pub. L. 93-344, formerly set out as an Effective Date

note under section 621 of this title.

-CITE-

2 USC Sec. 632 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 632. Annual adoption of concurrent resolution on the budget

-STATUTE-

(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 (FOOTNOTE 1) 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 (42 U.S.C. 401 et seq.) for the fiscal year of the

resolution and for each of the 4 succeeding fiscal years; and

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(7) For (FOOTNOTE 1) 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 (26 U.S.C. 1 et seq.)) for the fiscal year of the

resolution and for each of the 4 succeeding fiscal years.

The concurrent resolution shall not include the outlays and revenue

totals of the old age, (FOOTNOTE 2) 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.

(FOOTNOTE 2) So in original. Probably should be ''old-age,''.

(b) Additional matters in concurrent resolution

The concurrent resolution on the budget may -

(1) set forth, if required by subsection (f) of this section,

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 (15 U.S.C. 1022a(b)) should be achieved;

(2) include reconciliation directives described in section 641

of this title;

(3) require a procedure under which all or certain bills or

resolutions providing new budget authority or new entitlement

authority for such fiscal year shall not be enrolled until the

Congress has completed action on any reconciliation bill or

reconciliation resolution or both required by such concurrent

resolution to be reported in accordance with section 641(b) of

this title;

(4) set forth such other matters, and require such other

procedures, relating to the budget, as may be appropriate to

carry out the purposes of this Act;

(5) include a heading entitled ''Debt Increase as Measure of

Deficit'' in which the concurrent resolution shall set forth the

amounts by which the debt subject to limit (in section 3101 of

title 31) has increased or would increase in each of the relevant

fiscal years;

(6) include a heading entitled ''Display of Federal Retirement

Trust Fund Balances'' in which the concurrent resolution shall

set forth the balances of the Federal retirement trust funds;

(7) set forth procedures in the Senate whereby committee

allocations, aggregates, and other levels can be revised for

legislation if that legislation would not increase the deficit,

or would not increase the deficit when taken with other

legislation enacted after the adoption of the resolution, for the

first fiscal year or the total period of fiscal years covered by

the resolution;

(8) set forth procedures to effectuate pay-as-you-go in the

House of Representatives; and

(9) set forth direct loan obligation and primary loan guarantee

commitment levels.

(c) Consideration of procedures or matters which have 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 section

1105(a) of title 31, or at such time as may be requested by the

Committee on the Budget, each committee of the House of

Representatives having legislative jurisdiction shall submit to the

Committee on the Budget of the House and each committee of the

Senate having legislative jurisdiction shall submit to the

Committee on the Budget of the Senate its views and estimates (as

determined by the committee making such submission) with respect to

all matters set forth in subsections (a) and (b) of this section

which relate to matters within the jurisdiction or functions of

such committee. The Joint Economic Committee shall submit to the

Committees on the Budget of both Houses its recommendations as to

the fiscal policy appropriate to the goals of the Employment Act of

1946 (15 U.S.C. 1021 et seq.). Any other committee of the House of

Representatives or the Senate may submit to the Committee on the

Budget of its House, and any joint committee of the Congress may

submit to the Committees on the Budget of both Houses, its views

and estimates with respect to all matters set forth in subsections

(a) and (b) of this section which relate to matters within its

jurisdiction or functions. Any Committee (FOOTNOTE 3) of the House

of Representatives or the Senate that anticipates that the

committee will consider any proposed legislation establishing,

amending, or reauthorizing any Federal program likely to have a

significant budgetary impact on any State, local, or tribal

government, or likely to have a significant financial impact on the

private sector, including any legislative proposal submitted by the

executive branch likely to have such a budgetary or financial

impact, shall include its views and estimates on that proposal to

the Committee on the Budget of the applicable House.

(FOOTNOTE 3) So in original. Probably should not be

capitalized.

(e) Hearings and report

(1) In general

In developing the concurrent resolution on the budget referred

to in subsection (a) of this section 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) of

this section may be considered by the Committee on the Budget of

each House as part of its consideration of such concurrent

resolution, and its report may reflect its views thereon,

including its views on how the estimates of revenues and levels

of budget authority and outlays set forth in such concurrent

resolution are designed to achieve any goals it is recommending.

(2) Required contents of report

The report accompanying the resolution shall include -

(A) a comparison of the levels of total new budget authority,

total outlays, total revenues, and the surplus or deficit for

each fiscal year set forth in the resolution with those

requested in the budget submitted by the President;

(B) with respect to each major functional category, an

estimate of total new budget authority and total outlays, with

the estimates divided between discretionary and mandatory

amounts;

(C) the economic assumptions that underlie each of the

matters set forth in the resolution and any alternative

economic assumptions and objectives the committee considered;

(D) information, data, and comparisons indicating the manner

in which, and the basis on which, the committee determined each

of the matters set forth in the resolution;

(E) the estimated levels of tax expenditures (the tax

expenditures budget) by major items and functional categories

for the President's budget and in the resolution; and

(F) allocations described in section 633(a) of this title.

(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

(15 U.S.C. 1022a(c)), the President recommends in the Economic

Report that the goals for reducing unemployment set forth in

section 4(b) of such Act (15 U.S.C. 1022a(b)) be achieved in a year

after the close of the five-year period prescribed by such

subsection, the concurrent resolution on the budget for the fiscal

year beginning after the date on which such Economic Report is

received by the Congress may set forth the year in which, in the

opinion of the Congress, such goals can be achieved.

(2) After the Congress has expressed its opinion pursuant to

paragraph (1) as to the year in which the goals for reducing

unemployment set forth in section 4(b) of the Employment Act of

1946 (15 U.S.C. 1022a(b)) can be achieved, if, pursuant to section

4(e) of such Act (15 U.S.C. 1022a(e)), the President recommends in

the Economic Report that such goals be achieved in a year which is

different from the year in which the Congress has expressed its

opinion that such goals should be achieved, either in its action

pursuant to paragraph (1) or in its most recent action pursuant to

this paragraph, the concurrent resolution on the budget for the

fiscal year beginning after the date on which such Economic Report

is received by the Congress may set forth the year in which, in the

opinion of the Congress, such goals can be achieved.

(3) It shall be in order to amend the provision of such

resolution setting forth such year only if the amendment thereto

also proposes to alter the estimates, amounts, and levels (as

described in subsection (a) of this section) 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 (15 U.S.C. 1022(a)(2), 1022a(b))) which such

amendment proposes can be achieved by the year specified in such

amendment.

(g) Economic assumptions

(1) It shall not be in order in the Senate to consider any

concurrent resolution on the budget for a fiscal year, or any

amendment thereto, or any conference report thereon, that sets

forth amounts and levels that are determined on the basis of more

than one set of economic and technical assumptions.

(2) The joint explanatory statement accompanying a conference

report on a concurrent resolution on the budget shall set forth the

common economic assumptions upon which such joint statement and

conference report are based, or upon which any amendment contained

in the joint explanatory statement to be proposed by the conferees

in the case of technical disagreement, is based.

(3) Subject to periodic reestimation based on changed economic

conditions or technical estimates, determinations under titles III

and IV of the Congressional Budget Act of 1974 (2 U.S.C. 631 et

seq., 651 et seq.) shall be based upon such common economic and

technical assumptions.

(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 chapter 1

of the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) shall be

treated as affecting the amount of social security revenues unless

such provision changes the income tax treatment of social security

benefits.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 301, July 12, 1974, 88 Stat. 306;

Pub. L. 95-523, title III, Sec. 303(a), 304, Oct. 27, 1978, 92

Stat. 1905, 1906; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12,

1985, 99 Stat. 1040; Pub. L. 100-119, title I, Sec. 106(d), title

II, Sec. 208(a), Sept. 29, 1987, 101 Stat. 781, 786; Pub. L.

100-418, title V, Sec. 5302, Aug. 23, 1988, 102 Stat. 1462; Pub. L.

101-508, title XIII, Sec. 13112(a)(5), 13203, 13204, 13301(b),

13303(a), (b), Nov. 5, 1990, 104 Stat. 1388-608, 1388-615,

1388-616, 1388-623, 1388-625; Pub. L. 104-4, title I, Sec. 102(2),

Mar. 22, 1995, 109 Stat. 62; Pub. L. 105-33, title X, Sec.

10105(a)-(f)(1), Aug. 5, 1997, 111 Stat. 679, 680.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the

Social Security Act is classified generally to subchapter II (Sec.

401 et seq.) of chapter 7 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

section 1305 of Title 42 and Tables.

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 Pub. L. 93-344,

July 12, 1974, 88 Stat. 297, as amended, known as the Congressional

Budget and Impoundment Control Act of 1974, which enacted chapters

17, 17A and 17B, and section 190a-3 of this title and sections 11a,

11c, 11d, 1020a of former Title 31, Money and Finance, amended

sections 11, 665, 701, 1020, 1151, 1152, 1153 and 1154 of former

Title 31, section 105 of Title 1, General Provisions, sections 190b

and 190d of this title, repealed sections 571 and 581c-1 of former

Title 31 and sections 66 and 81 of this title, and enacted

provisions set out as notes under sections 190a-1, 621, 632, and

682 of this title, section 105 of Title 1, and section 1020 of

former Title 31. For complete classification of this Act to the

Code, see Short Title note set out under section 621 of this title

and Tables.

The Employment Act of 1946, referred to in subsec. (d), is act

Feb. 20, 1946, ch. 33, 60 Stat. 23, as amended, which is classified

generally to chapter 21 (Sec. 1021 et seq.) of Title 15, Commerce

and Trade. For complete classification of this Act to the Code, see

Short Title note set out under section 1021 of Title 15 and Tables.

The Congressional Budget Act of 1974, referred to in subsec.

(g)(3), is titles I through IX of Pub. L. 93-344, July 12, 1974, 88

Stat. 297, as amended. Titles III and IV of the Act are classified

generally to this subchapter (Sec. 631 et seq.) and subchapter II

(Sec. 651 et seq.) of this chapter. For complete classification of

this Act to the Code, see Short Title note set out under section

621 of this title and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 1322 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-33, Sec. 10105(a), in

introductory provisions, substituted ''and for at least each of the

4 ensuing fiscal years'' for '', and planning levels for each of

the two ensuing fiscal years,''.

Subsec. (a)(1), (4). Pub. L. 105-33, Sec. 10105(b), substituted

''and outlays'' for '', budget outlays, direct loan obligations,

and primary loan guarantee commitments''.

Subsec. (b)(7). Pub. L. 105-33, Sec. 10105(c)(1), added par. (7)

and struck out former par. (7) which related to setting forth

pay-as-you-go procedures for the Senate.

Subsec. (b)(9). Pub. L. 105-33, Sec. 10105(c)(2), (3), added par.

(9).

Subsec. (d). Pub. L. 105-33, Sec. 10105(d), in first sentence,

inserted ''or at such time as may be requested by the Committee on

the Budget,'' after ''title 31,''.

Subsec. (e). Pub. L. 105-33, Sec. 10105(e), designated existing

provisions as par. (1), inserted par. heading, added pars. (2) and

(3), and struck out former last sentence consisting of pars. (1) to

(9) which contained requirements for contents of report to

accompany the concurrent resolution on the budget.

Subsec. (i). Pub. L. 105-33, Sec. 10105(f)(1), inserted heading

and substituted ''(or amendment, motion, or conference report on

the resolution)'' for ''as reported to the Senate''.

1995 - Subsec. (d). Pub. L. 104-4 inserted at end ''Any Committee

of the House of Representatives or the Senate that anticipates that

the committee will consider any proposed legislation establishing,

amending, or reauthorizing any Federal program likely to have a

significant budgetary impact on any State, local, or tribal

government, or likely to have a significant financial impact on the

private sector, including any legislative proposal submitted by the

executive branch likely to have such a budgetary or financial

impact, shall include its views and estimates on that proposal to

the Committee on the Budget of the applicable House.''

1990 - Subsec. (a). Pub. L. 101-508, Sec. 13301(b), inserted at

end: ''The concurrent resolution shall not include the outlays and

revenue totals of the old age, survivors, and disability insurance

program established under title II of the Social Security Act or

the related provisions of the Internal Revenue Code of 1986 in the

surplus or deficit totals required by this subsection or in any

other surplus or deficit totals required by this subchapter.''

Subsec. (a)(6), (7). Pub. L. 101-508, Sec. 13303(a), added pars.

(6) and (7).

Subsec. (b)(5), (6). Pub. L. 101-508, Sec. 13203, added pars. (5)

and (6).

Subsec. (b)(7), (8). Pub. L. 101-508, Sec. 13204, added pars. (7)

and (8).

Subsec. (d). Pub. L. 101-508, Sec. 13112(a)(5), substituted

''Within 6 weeks after the President submits a budget under section

1105(a) of title 31'' for ''On or before February 25 of each

year''.

Subsec. (i). Pub. L. 101-508, Sec. 13303(b), amended subsec. (i)

generally, substituting present provisions for former provisions

relating to maximum deficit amounts.

1988 - Subsec. (e)(10). Pub. L. 100-418 temporarily added par.

(10). See Effective and Termination Dates of 1988 Amendment note

below.

1987 - Subsec. (g). Pub. L. 100-119, Sec. 208(a), amended subsec.

(g) generally. Prior to amendment, subsec. (g) read as follows:

''The joint explanatory statement accompanying a conference report

on a concurrent resolution on the budget shall set forth the common

economic assumptions upon which such joint statement and conference

report are based, or upon which any amendment contained in the

joint explanatory statement to be proposed by the conferees in the

case of technical disagreement is based.''

Subsec. (i)(2). Pub. L. 100-119, Sec. 106(d), designated existing

provisions as subpar. (A) and added subpars. (B) and (C).

1985 - Pub. L. 99-177 substituted ''Adoption of concurrent

resolution on the budget'' for ''Adoption of first concurrent

resolution'' in section catchline.

Subsec. (a). Pub. L. 99-177 amended subsec. (a) generally,

substituting provisions relating to content of concurrent

resolution on the budget, for provisions relating to action

required to be completed by May 15 of each year.

Subsec. (b). Pub. L. 99-177 amended subsec. (b) generally,

inserting provisions relating to achievement of goals for reducing

unemployment and provisions relating to reconciliation directives

described in section 641 of this title.

Subsec. (c). Pub. L. 99-177 amended subsec. (c) generally,

substituting provisions relating to consideration of procedures or

matters which have the effect of changing any rule of the House of

Representatives, for provisions relating to submission on or before

March 15 of each year of the views and estimates of other

committees.

Subsec. (d). Pub. L. 99-177 amended subsec. (d) generally,

substituting provisions relating to views and estimates of other

committees, for provisions relating to hearings and report in

developing the first concurrent resolution on the budget.

Subsec. (e). Pub. L. 99-177 amended subsec. (e) generally,

substituting provisions relating to hearings and report in

developing the concurrent resolution on the budget, for provisions

relating to achievement of goals for reducing unemployment.

Subsecs. (f) to (i). Pub. L. 99-177, Sec. 201(b), 275(b)(2)(B),

in amending section generally, added subsecs. (f) to (i).

1978 - Subsec. (a)(6), (7). Pub. L. 95-523, Sec. 304(a), added

par. (6) and redesignated former par. (6) as (7).

Subsec. (d). Pub. L. 95-523, Sec. 303(a), which directed

insertion in subsec. (c) provisions relating to consideration by

the Committee on the Budget of each House respecting short-term and

medium-term goals set forth in the Joint Economic Committee report

and the reflection of its views in its report and insertion of

''also'' after ''concurrent resolution shall'' was executed to

subsec. (d) to reflect the probable intent of Congress.

Subsec. (e). Pub. L. 95-523, Sec. 304(b), added subsec. (e).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-4 effective Jan. 1, 1996, or on the date

90 days after appropriations are made available as authorized under

section 1516 of this title, whichever is earlier, and applicable to

legislation considered on and after such date, see section 110 of

Pub. L. 104-4, set out as an Effective Date note under section 1511

of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 13306 of Pub. L. 101-508 provided that: ''Sections 13301,

13302, and 13303 and any amendments made by such sections (amending

this section and sections 633 and 642 of this title and enacting

provisions set out as notes under this section) shall apply with

respect to fiscal years beginning on or after October 1, 1990.

Section 13304 (amending section 401 of Title 42, The Public Health

and Welfare) shall be effective for annual reports of the Board of

Trustees issued in or after calendar year 1991.''

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective for fiscal years 1989,

1990, 1991, and 1992, see section 5303 of Pub. L. 100-418, set out

as a note under section 1105 of Title 31, Money and Finance.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of this

title.

EXCLUSION OF SOCIAL SECURITY FROM ALL BUDGETS

Section 13301(a) of Pub. L. 101-508 provided that:

''Notwithstanding any other provision of law, the receipts and

disbursements of the Federal Old-Age and Survivors Insurance Trust

Fund and the Federal Disability Insurance Trust Fund shall not be

counted as new budget authority, outlays, receipts, or deficit or

surplus for purposes of -

''(1) the budget of the United States Government as submitted

by the President,

''(2) the congressional budget, or

''(3) the Balanced Budget and Emergency Deficit Control Act of

1985 (see Short Title note set out under section 900 of this

title).''

PROTECTION OF OASDI TRUST FUNDS IN HOUSE OF REPRESENTATIVES

Section 13302 of Pub. L. 101-508 provided that:

''(a) In General. - It shall not be in order in the House of

Representatives to consider any bill or joint resolution, as

reported, or any amendment thereto or conference report thereon,

if, upon enactment -

''(1)(A) such legislation under consideration would provide for

a net increase in OASDI benefits of at least 0.02 percent of the

present value of future taxable payroll for the 75-year period

utilized in the most recent annual report of the Board of

Trustees provided pursuant to section 201(c)(2) of the Social

Security Act (42 U.S.C. 401(c)(2)), and (B) such legislation

under consideration does not provide at least a net increase, for

such 75-year period, in OASDI taxes of the amount by which the

net increase in such benefits exceeds 0.02 percent of the present

value of future taxable payroll for such 75-year period,

''(2)(A) such legislation under consideration would provide for

a net increase in OASDI benefits (for the 5-year estimating

period for such legislation under consideration), (B) such net

increase, together with the net increases in OASDI benefits

resulting from previous legislation enacted during that fiscal

year or any of the previous 4 fiscal years (as estimated at the

time of enactment) which are attributable to those portions of

the 5-year estimating periods for such previous legislation that

fall within the 5-year estimating period for such legislation

under consideration, exceeds $250,000,000, and (C) such

legislation under consideration does not provide at least a net

increase, for the 5-year estimating period for such legislation

under consideration, in OASDI taxes which, together with net

increases in OASDI taxes resulting from such previous legislation

which are attributable to those portions of the 5-year estimating

periods for such previous legislation that fall within the 5-year

estimating period for such legislation under consideration,

equals the amount by which the net increase derived under

subparagraph (B) exceeds $250,000,000;

''(3)(A) such legislation under consideration would provide for

a net decrease in OASDI taxes of at least 0.02 percent of the

present value of future taxable payroll for the 75-year period

utilized in the most recent annual report of the Board of

Trustees provided pursuant to section 201(c)(2) of the Social

Security Act, and (B) such legislation under consideration does

not provide at least a net decrease, for such 75-year period, in

OASDI benefits of the amount by which the net decrease in such

taxes exceeds 0.02 percent of the present value of future taxable

payroll for such 75-year period, or

''(4)(A) such legislation under consideration would provide for

a net decrease in OASDI taxes (for the 5-year estimating period

for such legislation under consideration), (B) such net decrease,

together with the net decreases in OASDI taxes resulting from

previous legislation enacted during that fiscal year or any of

the previous 4 fiscal years (as estimated at the time of

enactment) which are attributable to those portions of the 5-year

estimating periods for such previous legislation that fall within

the 5-year estimating period for such legislation under

consideration, exceeds $250,000,000, and (C) such legislation

under consideration does not provide at least a net decrease, for

the 5-year estimating period for such legislation under

consideration, in OASDI benefits which, together with net

decreases in OASDI benefits resulting from such previous

legislation which are attributable to those portions of the

5-year estimating periods for such previous legislation that fall

within the 5-year estimating period for such legislation under

consideration, equals the amount by which the net decrease

derived under subparagraph (B) exceeds $250,000,000.

''(b) Application. - In applying paragraph (3) or (4) of

subsection (a), any provision of any bill or joint resolution, as

reported, or any amendment thereto, or conference report thereon,

the effect of which is to provide for a net decrease for any period

in taxes described in subsection (c)(2)(A) shall be disregarded if

such bill, joint resolution, amendment, or conference report also

includes a provision the effect of which is to provide for a net

increase of at least an equivalent amount for such period in

medicare taxes.

''(c) Definitions. - For purposes of this subsection:

''(1) The term 'OASDI benefits' means the benefits under the

old-age, survivors, and disability insurance programs under title

II of the Social Security Act (42 U.S.C. 401 et seq.).

''(2) The term 'OASDI taxes' means -

''(A) the taxes imposed under sections 1401(a), 3101(a), and

3111(a) of the Internal Revenue Code of 1986 (26 U.S.C.

1401(a), 3101(a), 3111(a)), and

''(B) the taxes imposed under chapter 1 of such Code (26

U.S.C. 1 et seq.) (to the extent attributable to section 86 of

such Code (26 U.S.C. 86)).

''(3) The term 'medicare taxes' means the taxes imposed under

sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue

Code of 1986.

''(4) The term 'previous legislation' shall not include

legislation enacted before fiscal year 1991.

''(5) The term '5-year estimating period' means, with respect

to any legislation, the fiscal year in which such legislation

becomes or would become effective and the next 4 fiscal years.

''(6) No provision of any bill or resolution, or any amendment

thereto or conference report thereon, involving a change in

chapter 1 of the Internal Revenue Code of 1986 shall be treated

as affecting the amount of OASDI taxes referred to in paragraph

(2)(B) unless such provision changes the income tax treatment of

OASDI benefits.''

BALANCED FEDERAL BUDGETS; CONGRESSIONAL BUDGET COMMITTEE REPORTS BY

APRIL 15, 1979, 1980, AND 1981, OF BALANCED FISCAL YEAR BUDGETS FOR

1981 AND 1982

Pub. L. 96-5, Sec. 5, Apr. 2, 1979, 93 Stat. 8, which provided

that Congress shall balance the Federal budget, that the Budget

Committees were to report, by April 15, 1979, a fiscal year budget

for 1981 that would be in balance, and also a fiscal year budget

for 1982 that would be in balance, and by April 15, 1980, a fiscal

year budget for 1981 that would be in balance, and by April 15,

1981, a fiscal year budget for 1982 that would be in balance, and

that the Budget Committees were to show the consequences of each

budget on each budget function and on the economy, setting forth

the effects on revenues, spending, employment, inflation, and

national security, was repealed by Pub. L. 97-258, Sec. 5(b), Sept.

13, 1982, 96 Stat. 1068.

APPLICATION OF CONGRESSIONAL BUDGET PROCESS TO FISCAL YEAR

BEGINNING JULY 1, 1975

Section 906 of Pub. L. 93-344 provided for application of

provisions of this subchapter and sections 602(f), 651, and 652 of

this title with respect to the fiscal year beginning July 1, 1975,

to the extent agreed to by the Committees on the Budget of the

House of Representatives and the Senate, prior to repeal by Pub. L.

105-33, title X, Sec. 10120(a), Aug. 5, 1997, 111 Stat. 696.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 622, 633, 635, 636, 641,

655, 907d of this title; title 31 section 1105.

-CITE-

2 USC Sec. 633 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 633. Committee allocations

-STATUTE-

(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 section 900(c)(4) of this title and shall not

exceed the limits for each category set forth in section 901(c)

of this title.

(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 section

900(c)(4) of this title.

(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) of this section 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) of this section 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) of this section 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) of

this section.

(d) Subsequent concurrent resolutions

In the case of a concurrent resolution on the budget referred to

in section 635 of this title, the allocations under subsection (a)

of this section and the subdivisions under subsection (b) of this

section shall be required only to the extent necessary to take into

account revisions made in the most recently agreed to concurrent

resolution on the budget.

(e) Alteration of allocations

At any time after a committee reports the allocations required to

be made under subsection (b) of this section, 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) of this section 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) of this section 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) of this section to be exceeded.

(g) Pay-as-you-go exception in the House

(1) In general

(A) Subsection (f)(1) of this section and, after April 15,

section 634(a) of this title shall not apply to any bill or joint

resolution, as reported, amendment thereto, or conference report

thereon if, for each fiscal year covered by the most recently

agreed to concurrent resolution on the budget -

(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 section

632(b)(8) of this title, if included in that concurrent

resolution.

(B) Section 642(a) of this title, as that section applies to

revenues, shall not apply to any bill, joint resolution,

amendment thereto, or conference report thereon if, for each

fiscal year covered by the most recently agreed to concurrent

resolution on the budget -

(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 section

632(b)(8) of this title, if included in that concurrent

resolution.

(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) of this section but for the exception

provided in paragraph (1)(A) or would have been subject to a

point of order under section 642(a) of this title but for the

exception provided in paragraph (1)(B), the chairman of the

committee (FOOTNOTE 1) on the Budget of the House of

Representatives shall file with the House appropriately revised

allocations under subsection (a) of this section and revised

functional levels and budget aggregates to reflect that bill.

(FOOTNOTE 1) So in original. Probably should be capitalized.

(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.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 302, July 12, 1974, 88 Stat. 308;

Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat.

1044; Pub. L. 101-508, title XIII, Sec. 13112(a)(6), (7),

13201(b)(2), (3), 13207(a)(1)(A), (B), (2), 13303(c), Nov. 5, 1990,

104 Stat. 1388-608, 1388-614, 1388-617, 1388-618, 1388-625; Pub. L.

105-33, title X, Sec. 10106, Aug. 5, 1997, 111 Stat. 680.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (g)(2)(B), means Pub. L. 93-344,

July 12, 1974, 88 Stat. 297, as amended, known as the Congressional

Budget and Impoundment Control Act of 1974, which enacted chapters

17, 17A, and 17B and section 190a-3 of this title and sections 11a,

11c, 11d, 1020a of former Title 31, Money and Finance, amended

sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former

Title 31, section 105 of Title 1, General Provisions, and sections

190b and 190d of this title, repealed sections 571 and 581c-1 of

former Title 31, and sections 66 and 81 of this title, and enacted

provisions set out as notes under sections 190a-1, 621, 632, and

682 of this title, section 105 of Title 1, and section 1020 of

former Title 31. For complete classification of this Act to the

Code, see Short Title note set out under section 621 of this title

and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 1323 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-33, Sec. 10106(a), added subsec.

(a) and struck out former subsec. (a) which required inclusion of

certain allocations to committees of the House of Representatives

and of the Senate in the joint explanatory statement accompanying a

conference report on a concurrent resolution on the budget.

Subsec. (b). Pub. L. 105-33, Sec. 10106(a), added subsec. (b) and

struck out former subsec. (b) which required committees of each

House to subdivide among their subcommittees the allocations of

budget outlays and new budget authority allocated to them in joint

explanatory statement accompanying conference report on concurrent

resolution on budget and required further subdivisions of such

allocations by subcommittees.

Subsec. (c). Pub. L. 105-33, Sec. 10106(b), reenacted heading

without change and amended text generally. Prior to amendment,

text read as follows: ''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, providing -

''(1) new budget authority for a fiscal year; or

''(2) new spending authority as described in section 651(c)(2)

of this title for a fiscal year;

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). Pub. L. 105-33, Sec. 10106(c)(1), substituted

''providing new budget authority for any fiscal year'' for

''providing new budget authority for such fiscal year or new

entitlement authority effective during such fiscal year'' in

introductory provisions and ''applicable allocation of new budget

authority made under subsection (a) or (b) of this section for the

first fiscal year or the total of fiscal years to be exceeded.''

for ''appropriate allocation made pursuant to subsection (b) of

this section for such fiscal year of new discretionary budget

authority or new entitlement authority to be exceeded.'' in

concluding provisions.

Subsec. (f)(2). Pub. L. 105-33, Sec. 10106(c)(2), reenacted

heading without change and amended text generally. Prior to

amendment, text provided that consideration in the Senate was not

in order for certain bills, joint resolutions, amendments, motions,

or conference reports that provided for budget outlays, new budget

authority, or new spending authority in excess of certain

allocations.

Subsec. (g). Pub. L. 105-33, Sec. 10106(d), amended heading and

text of subsec. (g) generally. Prior to amendment, text read as

follows: ''For purposes of this section, the levels of new budget

authority, spending authority as described in section 651(c)(2) of

this title, outlays, and new credit authority 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 the

case may be.''

1990 - Subsec. (a)(1). Pub. L. 101-508, Sec. 13201(b)(3)(A),

substituted ''and total entitlement authority'' for ''total

entitlement authority, and total credit authority'', ''or such

entitlement authority'' for ''such entitlement authority, or such

credit authority'', and ''and entitlement authority'' for

''entitlement authority, and credit authority''.

Subsec. (a)(2). Pub. L. 101-508, Sec. 13303(c)(1), inserted

''social security outlays for the fiscal year of the resolution and

for each of the 4 succeeding fiscal years,'' after ''appropriate

levels of''.

Pub. L. 101-508, Sec. 13201(b)(3)(B), substituted ''total budget

outlays and total new budget authority'' for ''total budget

outlays, total new budget authority and new credit authority''.

Pub. L. 101-508, Sec. 13112(a)(6), struck out ''the House of

Representatives and'' after ''among each committee of''.

Subsec. (b)(1)(A). Pub. L. 101-508, Sec. 13201(b)(3)(C),

substituted ''budget outlays and new budget authority'' for

''budget outlays, new budget authority, and new credit authority''.

Subsec. (c). Pub. L. 101-508, Sec. 13207(a)(1)(A), substituted

''bill, joint resolution, amendment, motion, or conference report''

for ''bill or resolution, or amendment thereto''.

Subsec. (c)(3). Pub. L. 101-508, Sec. 13201(b)(3)(D), struck out

par. (3) which read as follows: ''new credit authority for a fiscal

year;''.

Subsec. (f)(1). Pub. L. 101-508, Sec. 13207(a)(1)(B), inserted

''joint'' before ''resolution'' the second and third places

appearing in introductory provisions.

Pub. L. 101-508, Sec. 13201(b)(3)(E), substituted ''year or new

entitlement authority effective during such fiscal year,'' for

''year, new entitlement authority effective during such fiscal

year, or new credit authority for such fiscal year,'' in

introductory provisions and ''authority or new entitlement

authority'' for ''authority, new entitlement authority, or new

credit authority'' in closing provisions.

Subsec. (f)(2). Pub. L. 101-508, Sec. 13303(c)(3), inserted three

sentences at end beginning with ''In applying this paragraph - ''.

Pub. L. 101-508, Sec. 13303(c)(2), which directed the insertion

of ''or provides for social security outlays in excess of the

appropriate allocation of social security outlays under subsection

(a) of this section for the fiscal year of the resolution or for

the total of that year and the 4 succeeding fiscal years'' before

the period, was executed by making the insertion before the period

at end of first sentence, as the probable intent of Congress, in

view of the applicability of the amendment. See Effective and

Termination Dates of 1990 Amendment note below.

Pub. L. 101-508, Sec. 13207(a)(2), substituted ''outlays, new

budget authority, or new spending authority (as defined in section

651(c)(2) of this title)'' for ''outlays or new budget authority''.

Pub. L. 101-508, Sec. 13207(a)(1)(B), substituted ''bill, joint

resolution, amendment, motion, or conference report'' for ''bill or

resolution (including a conference report thereon), or any

amendment to a bill or resolution''.

Pub. L. 101-508, Sec. 13201(b)(2), temporarily inserted ''or new

credit authority'' after ''new budget authority''. See Effective

and Termination Dates of 1990 Amendment note below.

Pub. L. 101-508, Sec. 13112(a)(7), inserted ''(A)'' after ''in

excess of'', substituted ''under subsection (a) of this section, or

(B) the appropriate allocation (if any) of such outlays or

authority reported under subsection (b) of this section'' for

''under subsection (b) of this section'', and inserted after first

sentence ''Subparagraph (A) shall not apply to any bill,

resolution, amendment, motion, or conference report that is within

the jurisdiction of the Committee on Appropriations.''

1985 - Pub. L. 99-177 substituted ''Committee allocations'' for

''Matters to be included in joint statement of managers; reports by

committees'' in section catchline.

Subsec. (a). Pub. L. 99-177 amended subsec. (a) generally,

providing for separate provisions relating to allocations of totals

for the House of Representatives and for the Senate, with respect

to the joint explanatory statement accompanying the conference

report on a concurrent resolution on the budget.

Subsec. (b). Pub. L. 99-177 amended subsec. (b) generally,

inserting applicability to new credit authority.

Subsec. (c). Pub. L. 99-177 amended subsec. (c) generally,

substituting provisions relating to point of order for provisions

relating to subsequent concurrent resolutions.

Subsecs. (d) to (g). Pub. L. 99-177, in amending section

generally, added subsecs. (d) to (g).

EFFECTIVE AND TERMINATION DATES OF 1990 AMENDMENT

Section 13201(b)(2) of Pub. L. 101-508 provided that the

amendment made by that section is effective Jan. 1, 1991, for

fiscal year 1991 only.

Section 13201(b)(3) of Pub. L. 101-508 provided that the

amendment made by that section is effective for fiscal years

beginning after Sept. 30, 1991.

Amendment by section 13303(c) of Pub. L. 101-508 applicable with

respect to fiscal years beginning on or after Oct. 1, 1990, see

section 13306 of Pub. L. 101-508, set out as an Effective Date of

1990 Amendment note under section 632 of this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, except that such amendment, insofar as it relates to subsecs.

(c), (f), and (g) of this section, to become effective Apr. 15,

1986, see section 275(a)(1), (2)(A) of Pub. L. 99-177, set out as

an Effective and Termination Dates note under section 900 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 632, 634, 639, 641, 642,

645, 651, 907a, 907c of this title.

-CITE-

2 USC Sec. 634 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 634. Concurrent resolution on the budget must be adopted

before budget-related legislation is considered

-STATUTE-

(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) of this section

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 section 633(a) of

this title for that year, it shall not be in order in the Senate

to consider any appropriation bill or joint resolution, amendment

or motion thereto, or conference report thereon for that year or

any subsequent year.

(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.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 303, July 12, 1974, 88 Stat. 309;

Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat.

1046; Pub. L. 101-508, title XIII, Sec. 13205, 13207(a)(1)(C), Nov.

5, 1990, 104 Stat. 1388-616, 1388-617; Pub. L. 105-33, title X,

Sec. 10107(a), Aug. 5, 1997, 111 Stat. 683.)

-COD-

CODIFICATION

Section was formerly classified to section 1324 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1997 - Pub. L. 105-33 amended section catchline and text

generally. Prior to amendment, text provided that concurrent

resolution on the budget must be adopted before legislation

providing new budget authority, new spending authority, new credit

authority, or changes in revenues or public debt limit could be

considered.

1990 - Subsec. (a). Pub. L. 101-508, Sec. 13207(a)(1)(C),

substituted ''bill, joint resolution, amendment, motion, or

conference report'' for ''bill or resolution (or amendment

thereto)''.

Pub. L. 101-508, Sec. 13205(a)(4), inserted ''(or, in the Senate,

a concurrent resolution on the budget covering such fiscal year)''

after ''fiscal year'' in closing provisions.

Subsec. (a)(5), (6). Pub. L. 101-508, Sec. 13205(a)(1)-(3), added

pars. (5) and (6) and struck out former par. (5) which read as

follows: ''new credit authority for a fiscal year,''.

Subsec. (b). Pub. L. 101-508, Sec. 13205(b), designated existing

provisions as par. (1) and substituted ''In the House of

Representatives, subsection (a)'' for ''Subsection (a)'',

redesignated former pars. (1) and (2) as subpars. (A) and (B),

respectively, and added par. (2).

1985 - Pub. L. 99-177 inserted reference to new credit authority

in section catchline.

Subsec. (a). Pub. L. 99-177 amended subsec. (a) generally,

substituting provisions respecting new entitlement authority or new

credit authority, for provisions respecting new spending authority.

Subsec. (b). Pub. L. 99-177 amended subsec. (b) generally,

inserting provisions relating to applicability of subsec. (a) after

May 15 of any calendar year.

Subsec. (c). Pub. L. 99-177 amended subsec. (c) generally,

inserting references to amendments of bills or resolutions wherever

appearing.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 633, 907c of this title.

-CITE-

2 USC Sec. 635 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 635. Permissible revisions of concurrent resolutions on the

budget

-STATUTE-

At any time after the concurrent resolution on the budget for a

fiscal year has been agreed to pursuant to section 632 of this

title, and before the end of such fiscal year, the two Houses may

adopt a concurrent resolution on the budget which revises or

reaffirms the concurrent resolution on the budget for such fiscal

year most recently agreed to.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 304, July 12, 1974, 88 Stat. 310;

Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat.

1047; Pub. L. 100-119, title II, Sec. 208(b), Sept. 29, 1987, 101

Stat. 786; Pub. L. 101-508, title XIII, Sec. 13112(a)(8), Nov. 5,

1990, 104 Stat. 1388-608; Pub. L. 105-33, title X, Sec. 10108, Aug.

5, 1997, 111 Stat. 684.)

-COD-

CODIFICATION

Section was formerly classified to section 1325 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1997 - Pub. L. 105-33 designated subsec. (a) as entire section

and struck out subsec. (a) heading ''In general'' and subsec. (b)

heading and text. Prior to amendment, text of subsec. (b) read as

follows: ''The provisions of section 632(g) of this title shall

apply with respect to concurrent resolutions on the budget under

this section (and amendments thereto and conference reports

thereon) in the same way they apply to concurrent resolutions on

the budget under such section 632(g) of this title (and amendments

thereto and conference reports thereon).''

1990 - Subsecs. (b), (c). Pub. L. 101-508 redesignated subsec.

(c) as (b) and struck out former subsec. (b) which read as follows:

''The provisions of section 632(i) of this title shall apply with

respect to concurrent resolutions on the budget under this section

(and amendments thereto and conference reports thereon) in the same

way they apply to concurrent resolutions on the budget under such

section 632(i) of this title (and amendments thereto and conference

reports thereon).''

1987 - Subsec. (c). Pub. L. 100-119 added subsec. (c).

1985 - Pub. L. 99-177, in amending section generally, inserted

''Permissible'' before ''revisions'' in section catchline,

designated existing provisions as subsec. (a), struck out ''first''

after ''after the'', and added subsec. (b).

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 622, 633, 636, 641, 655

of this title.

-CITE-

2 USC Sec. 636 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 636. Provisions relating to consideration of concurrent

resolutions on the budget

-STATUTE-

(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 2(l)(6)

of rule XI (FOOTNOTE 1) 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.

(FOOTNOTE 1) See References in Text note below.

(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 sections 1022(a)(2) and 1022a(b) of title 15)

which the estimates, amounts, and levels (as described in section

632(a) of this title) set forth in such resolution are designed to

achieve, shall it be in order to offer to such resolution an

amendment relating to such goals, and such amendment shall be in

order only if it also proposes to alter such estimates, amounts,

and levels in germane fashion in order to be consistent with the

goals proposed in such amendment.

(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 XXIII (FOOTNOTE 1) 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 section 635(a) (FOOTNOTE 1) of this title all such

debate shall be limited to not more than 15 hours. The time shall

be equally divided between, and controlled by, the majority leader

and the minority leader or their designees.

(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 sections 1022(a)(2) and 1022a(b) of title 15) which

the estimates, amounts, and levels (as described in section 632(a)

of this title) set forth in such resolution are designed to

achieve, shall it be in order to offer to such resolution an

amendment relating to such goals, and such amendment shall be in

order only if it also proposes to alter such estimates, amounts,

and levels in germane fashion in order to be consistent with the

goals proposed in such amendment.

(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.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 305, July 12, 1974, 88 Stat. 310;

Pub. L. 95-523, title III, Sec. 303(b), (c), Oct. 27, 1978, 92

Stat. 1905, 1906; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12,

1985, 99 Stat. 1047; Pub. L. 100-119, title II, Sec. 209, Sept. 29,

1987, 101 Stat. 787; Pub. L. 100-203, title VIII, Sec. 8003(d),

Dec. 22, 1987, 101 Stat. 1330-282; Pub. L. 101-508, title XIII,

Sec. 13209, 13210(1), Nov. 5, 1990, 104 Stat. 1388-619, 1388-620;

Pub. L. 105-33, title X, Sec. 10109(a), Aug. 5, 1997, 111 Stat.

684.)

-REFTEXT-

REFERENCES IN TEXT

The Rules of the House of Representatives for the One Hundred

Sixth Congress were adopted and amended generally by House

Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

Provisions formerly appearing in clause 2(l)(6) of rule XI,

referred to in subsec. (a)(1), are now contained in clause 4 of

rule XIII. Provisions formerly appearing in rule XXIII, referred to

in subsec. (a)(5), are now contained in rule XVIII.

Section 635(a) of this title, referred to in subsec. (b)(1), was

redesignated section 635 of this title by Pub. L. 105-33, title X,

Sec. 10108(1), Aug. 5, 1997, 111 Stat. 684.

This Act, referred to in subsec. (b)(4), means Pub. L. 93-344,

July 12, 1974, 88 Stat. 297, as amended, known as the Congressional

Budget and Impoundment Control Act of 1974, which enacted chapters

17, 17A and 17B, and section 190a-3 of this title and sections 11a,

11c, 11d, 1020a of former Title 31, Money and Finance, amended

sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former

Title 31, section 105 of Title 1, General Provisions, sections 190b

and 190d of this title, repealed sections 571 and 581c-1 of former

Title 31 and sections 66 and 81 of this title, and enacted

provisions set out as notes under sections 190a-1, 621, 632, and

682 of this title, section 105 of Title 1, and section 1020 of

former Title 31. For complete classification of this Act to the

Code, see Short Title note set out under section 621 of this title

and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 1326 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1997 - Subsec. (a)(1). Pub. L. 105-33 amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''When

the Committee on the Budget of the House of Representatives has

reported any concurrent resolution on the budget, it is in order at

any time after the fifth day (excluding Saturdays, Sundays, and

legal holidays) following the day on which the report upon such

resolution by the Committee on the Budget has been available to

Members of the House and, if applicable, after the first day

(excluding Saturdays, Sundays, and legal holidays) following the

day on which a report upon such resolution by the Committee on

Rules pursuant to section 632(c) of this title has been available

to Members of the House (even though a previous motion to the same

effect has been disagreed to) 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.''

1990 - Subsec. (c)(1). Pub. L. 101-508, Sec. 13209(1), struck out

at beginning ''The conference report on any concurrent resolution

on the budget shall be in order in the Senate at any time after the

third day (excluding Saturdays, Sundays, and legal holidays)

following the day on which such conference report is reported and

is available to Members of the Senate.'' and inserted ''on any

concurrent resolution on the budget (or a reconciliation bill or

resolution)'' after ''consideration of the conference report''.

Subsec. (c)(2). Pub. L. 101-508, Sec. 13209(2), inserted ''(or a

message between Houses)'' after ''conference report'' wherever

appearing.

Subsecs. (d), (e). Pub. L. 101-508, Sec. 13210(1), redesignated

subsec. (e) as (d) and struck out former subsec. (d) which read as

follows: ''If at the end of 7 days (excluding Saturdays, Sundays,

and legal holidays) after the conferees of both Houses have been

appointed to a committee of conference on a concurrent resolution

on the budget, the conferees are unable to reach agreement with

respect to all matters in disagreement between the two Houses, then

the conferees shall submit to their respective Houses, on the first

day thereafter on which their House is in session -

''(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). Pub. L. 100-203, Sec. 8003(d), inserted a

comma after ''therewith''.

Pub. L. 100-119 inserted ''and all amendments in disagreement,

and all amendments thereto, and debatable motions and appeals in

connection therewith'' after ''budget,''.

1985 - Subsec. (a). Pub. L. 99-177, in amending subsec. (a)

generally, in par. (1) inserted provisions relating to

applicability of report after first day and substituted ''fifth

day'' for ''tenth day'', in par. (3) struck out ''first'' before

''concurrent'', in par. (5) substituted ''considered for'' for

''read for'', struck out par. (7) relating to motions to postpone,

and redesignated par. (8) as (7).

Subsec. (b). Pub. L. 99-177, in amending subsec. (b) generally,

in par. (1) substituted ''any concurrent'' for ''the second

required concurrent'' and ''635(a)'' for ''641(a)'', in par. (3)

struck out ''first'' before ''concurrent'', and in par. (4)

inserted provisions relating to applicability of other limitations

of this Act.

Subsecs. (c) to (e). Pub. L. 99-177, in amending section

generally, reenacted subsecs. (c) to (e) without change.

1978 - Subsec. (a). Pub. L. 95-523, Sec. 303(b), inserted in par.

(2) '', plus such additional hours of debate as are consumed

pursuant to paragraph (3)'' after ''and minority parties'', added

pars. (3) and (4) and redesignated existing pars. (3) to (6) as (6)

to (9), respectively. Existing pars. (3) to (6) were renumbered

(5) to (8), respectively, as the probable intent of Congress,

notwithstanding the language of section 303(b)(2) of Pub. L. 95-523

directing that existing pars. (3) to (6) be redesignated (6) to

(9), respectively.

Subsec. (b). Pub. L. 95-523, Sec. 303(c), added pars. (3) and (4)

and redesignated existing pars. (3) and (4) as (6) and (7),

respectively. Existing pars. (3) and (4) were renumbered (5) and

(6), respectively, as the probable intent of Congress,

notwithstanding the language of section 303(c)(1) of Pub. L. 95-523

directing that existing pars. (3) and (4) be redesignated (6) and

(7), respectively.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 641, 907d of this title.

-CITE-

2 USC Sec. 637 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 637. Legislation dealing with Congressional budget must be

handled by Budget Committees

-STATUTE-

No bill, resolution, amendment, motion, or conference report,

dealing with any matter which is within the jurisdiction of the

Committee on the Budget of either House shall be considered in that

House unless it is a bill or resolution which has been reported by

the Committee on the Budget of that House (or from the

consideration of which such committee has been discharged) or

unless it is an amendment to such a bill or resolution.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 306, July 12, 1974, 88 Stat. 313;

Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat.

1050; Pub. L. 101-508, title XIII, Sec. 13207(a)(1)(D), Nov. 5,

1990, 104 Stat. 1388-617.)

-COD-

CODIFICATION

Section was formerly classified to section 1327 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1990 - Pub. L. 101-508 substituted ''bill, resolution, amendment,

motion, or conference report'' for ''bill or resolution, and no

amendment to any bill or resolution''.

1985 - Pub. L. 99-177 reenacted section without change.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 907c of this title.

-CITE-

2 USC Sec. 638 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 638. House committee action on all appropriation bills to be

completed by June 10

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 307, July 12, 1974, 88 Stat. 313;

Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat.

1051.)

-COD-

CODIFICATION

Section was formerly classified to section 1328 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1985 - Pub. L. 99-177 substituted ''by June 10'' for ''before

first appropriation bill is reported'' in section catchline, and

amended section generally. Prior to amendment, section read as

follows: ''Prior to reporting the first regular appropriation bill

for each fiscal year, the Committee on Appropriations of the House

of Representatives shall, to the extent practicable, complete

subcommittee markup and full committee action on all regular

appropriation bills for that year and submit to the House a summary

report comparing the committee's recommendations with the

appropriate levels of budget outlays and new budget authority as

set forth in the most recently agreed to concurrent resolution on

the budget for that year.''

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of this

title.

-CITE-

2 USC Sec. 639 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 639. Reports, summaries, and projections of Congressional

budget actions

-STATUTE-

(a) Reports on 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 section 633(b) of this

title for the most recently agreed to concurrent resolution on

the budget for such fiscal year (or fiscal years);

(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.

(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) of this section; and

(C) shall be based on information provided under subsection

(b)(1) of this section 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.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 308, July 12, 1974, 88 Stat. 313;

Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat.

1051; Pub. L. 101-508, title XIII, Sec. 13206, Nov. 5, 1990, 104

Stat. 1388-617; Pub. L. 105-33, title X, Sec. 10110, Aug. 5, 1997,

111 Stat. 685.)

-COD-

CODIFICATION

Section was formerly classified to section 1329 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-33, Sec. 10110(1)(A), struck out

'', new spending authority, or new credit authority,'' after ''new

budget authority'' in heading.

Subsec. (a)(1). Pub. L. 105-33, Sec. 10110(4), in introductory

provisions, substituted ''bill or joint resolution'' for ''bill or

resolution'' in two places.

Pub. L. 105-33, Sec. 10110(1)(D), in introductory provisions,

struck out '', new spending authority described in section

651(c)(2) of this title, or new credit authority,'' after

''continuing appropriations)''.

Subsec. (a)(1)(B). Pub. L. 105-33, Sec. 10110(1)(C), substituted

''revenues, or tax expenditures'' for ''spending authority,

revenues, tax expenditures, direct loan obligations, or primary

loan guarantee commitments''.

Pub. L. 105-33, Sec. 10110(1)(B), redesignated subpar. (C) as (B)

and struck out former subpar. (B) which read as follows:

''including an identification of any new spending authority

described in section 651(c)(2) of this title which is contained in

such measure and a justification for the use of such financing

method instead of annual appropriations;''.

Subsec. (a)(1)(C), (D). Pub. L. 105-33, Sec. 10110(1)(B),

redesignated subpars. (C) and (D) as (B) and (C), respectively.

Subsec. (a)(2). Pub. L. 105-33, Sec. 10110(4), substituted ''bill

or joint resolution'' for ''bill or resolution''.

Pub. L. 105-33, Sec. 10110(1)(D), struck out '', new spending

authority described in section 651(c)(2) of this title, or new

credit authority,'' after ''continuing appropriations)''.

Subsec. (b)(1). Pub. L. 105-33, Sec. 10110(4), substituted

''bills and joint resolutions'' for ''bills and resolutions'' in

two places.

Pub. L. 105-33, Sec. 10110(2), struck out '', new spending

authority described in section 651(c)(2) of this title, or new

credit authority,'' after ''new budget authority''.

Subsec. (c)(3) to (5). Pub. L. 105-33, Sec. 10110(3), inserted

''and'' at end of par. (3), substituted a period for ''; and'' at

end of par. (4), and struck out par. (5) which read as follows:

''credit authority for each fiscal year in such period.''

1990 - Subsec. (a)(1). Pub. L. 101-508, Sec. 13206(a)(1),

inserted ''(or fiscal years)'' after ''fiscal year'' in

introductory provisions and in subpars. (A) and (C).

Subsec. (a)(2). Pub. L. 101-508, Sec. 13206(b), inserted ''(or

fiscal years)'' after ''fiscal year''.

Subsec. (b)(1). Pub. L. 101-508, Sec. 13206(c), substituted ''for

each fiscal year covered by a concurrent resolution on the budget''

for ''for a fiscal year'' in first sentence, and ''the first fiscal

year covered by the appropriate concurrent resolution'' for ''such

fiscal year'' in second sentence.

1985 - Subsec. (a). Pub. L. 99-177, in amending subsec. (a)

generally, designated existing provisions as par. (1), substituted

provisions relating to reports on legislation providing new budget

authority, new spending authority, or new credit authority, or

providing an increase or decrease in revenues or tax expenditures,

for provisions relating to reports on legislation providing new

budget authority or tax expenditures, and added par. (2).

Subsec. (b). Pub. L. 99-177, in amending subsec. (b) generally,

designated existing provisions as par. (1), substituted provisions

relating to issuance of reports on a monthly basis and contents of

such reports, for provisions relating to issuance of reports on a

periodic basis and contents of such reports, and added par. (2).

Subsec. (c). Pub. L. 99-177 amended subsec. (c) generally, adding

pars. (4) and (5).

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of this

title.

-CITE-

2 USC Sec. 640 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 640. House approval of regular appropriation bills

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 309, July 12, 1974, 88 Stat. 314;

Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat.

1052.)

-COD-

CODIFICATION

Section was formerly classified to section 1330 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1985 - Pub. L. 99-177 substituted ''House approval of regular

appropriation bills'' for ''Completion of action on bills providing

new budget authority and certain new spending authority'' in

section catchline, and amended section generally. Prior to

amendment, section read as follows: ''Except as otherwise provided

pursuant to this subchapter, not later than the seventh day after

Labor Day of each year, the Congress shall complete action on all

bills and resolutions -

''(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 section 641(c) of this title; and

''(2) providing new spending authority described in section

651(c)(2)(C) of this title which is to become effective during

such fiscal year.

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.''

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of this

title.

-CITE-

2 USC Sec. 641 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 641. Reconciliation

-STATUTE-

(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) of this

section, 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) of this section 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 such paragraph by more than (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''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 (FOOTNOTE 1)

(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 section 633(a) of this title and revised

functional levels and aggregates to carry out this subsection.

(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 section 633(a) of this title and revised

functional levels and aggregates to carry out this subsection.

(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 section 632 of this title.

(D) Upon the filing of revised allocations pursuant to this

paragraph, the reporting committee shall report revised allocations

pursuant to section 633(b) of this title to carry out this

subsection.

(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

section 636 of this title for the consideration in the Senate of

concurrent resolutions on the budget and conference reports thereon

shall also apply to the consideration in the Senate of

reconciliation bills reported under subsection (b) of this section

and conference reports thereon.

(2) Debate in the Senate on any reconciliation bill reported

under subsection (b) of this section, 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 section

632 or 635 of this title, or a joint resolution pursuant to section

907d of this title, or any amendment thereto or conference report

thereon, that contains recommendations with respect to the old-age,

survivors, and disability insurance program established under title

II of the Social Security Act (42 U.S.C. 401 et seq.).

-SOURCE-

(Pub. L. 93-344, title III, Sec. 310, July 12, 1974, 88 Stat. 315;

Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat.

1053; Pub. L. 101-508, title XIII, Sec. 13112(a)(9), 13207(c), (d),

13210(2), Nov. 5, 1990, 104 Stat. 1388-608, 1388-618 to 1388-620;

Pub. L. 105-33, title X, Sec. 10111, Aug. 5, 1997, 111 Stat. 685.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (g), is act Aug.

14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the

Social Security Act is classified generally to subchapter II (Sec.

401 et seq.) of chapter 7 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

section 1305 of Title 42 and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 1331 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1997 - Subsec. (c)(1)(A)(i). Pub. L. 105-33, Sec. 10111(1),

substituted subcls. (I) and (II) for ''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, and''.

Subsec. (c)(1)(A)(ii). Pub. L. 105-33, Sec. 10111(2), substituted

subcls. (I) and (II) for ''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; and''.

1990 - Subsec. (a)(4). Pub. L. 101-508, Sec. 13207(d), inserted

before period at end ''(including a direction to achieve deficit

reduction)''.

Subsec. (c). Pub. L. 101-508, Sec. 13207(c), designated existing

provisions as par. (1), redesignated former par. (1) and subpars.

(A) and (B) thereof as subpar. (A) and cls. (i) and (ii),

respectively, redesignated former par. (2) as subpar. (B) of par.

(1), and added par. (2).

Subsec. (f). Pub. L. 101-508, Sec. 13210(2), struck out par. (1)

heading ''In general'' and text which directed Congress to complete

action on any reconciliation bill or reconciliation resolution

reported under subsec. (b) of this section not later than June 15

of each year, and struck out the par. (2) designation and heading

''Point of order in the House of Representatives''.

Subsec. (g). Pub. L. 101-508, Sec. 13112(a)(9), substituted

''joint resolution pursuant'' for ''resolution pursuant'' and

''section 907d of this title'' for ''section 904(b) of this

title''.

1985 - Pub. L. 99-177 substituted ''Reconciliation'' for ''Second

required concurrent resolution and reconciliation process'' in

section catchline.

Subsec. (a). Pub. L. 99-177 amended subsec. (a) generally,

inserting provisions relating to new entitlement authority and

credit authority, and deleting provision that any such concurrent

resolution could be reported, and the report accompanying it could

be filed, in either House notwithstanding that that House was not

in session on the day on which such concurrent resolution is

reported.

Subsec. (b). Pub. L. 99-177 amended subsec. (b) generally,

substituting provisions relating to legislative procedure

respecting concurrent resolutions with directives to committees to

determine and recommend changes in laws, etc., for provisions

relating to completion of action on concurrent resolutions.

Subsec. (c). Pub. L. 99-177 amended subsec. (c) generally,

substituting provisions relating to compliance with reconciliation

directives, for provisions relating to the reconciliation process.

Subsec. (d). Pub. L. 99-177 amended subsec. (d) generally,

substituting provisions relating to limitations on amendments to

reconciliation bills and resolutions, for provisions relating to

completion of the reconciliation process.

Subsec. (e). Pub. L. 99-177 amended subsec. (e) generally,

substituting references to subsec. (b) for references to subsec.

(c) wherever appearing, and deleting references to reconciliation

resolutions.

Subsec. (f). Pub. L. 99-177 amended subsec. (f) generally,

inserting provision that Congress complete action on reconciliation

bills or resolutions reported under subsec. (b) not later than June

15 of each year and revising provisions relating to adjournment

periods of the House of Representatives with respect to completion

of action on fiscal year reconciliation legislation.

Subsec. (g). Pub. L. 99-177, in amending section generally, added

subsec. (g).

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, except that such amendment, insofar as it relates to subsecs.

(c), (d), and (g) of this section, to become effective Apr. 15,

1986, see section 275(a)(1), (2)(A) of Pub. L. 99-177, set out as

an Effective and Termination Dates note under section 900 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 632, 644, 907a, 907d of

this title.

-CITE-

2 USC Sec. 642 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 642. Budget-related legislation must be within appropriate

levels

-STATUTE-

(a) Enforcement of budget aggregates

(1) In House of Representatives

Except as provided by subsection (c) of this section, 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 section 633(a) of this

title, except when a declaration of war by the Congress is in

effect.

(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

section 633(a) of this title.

(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 section 633(a) of this title.

(b) Social security levels

(1) In general

For purposes of subsection (a)(3) of this section, 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) of this section, no provision

of any legislation involving a change in chapter 1 of the

Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) shall be

treated as affecting the amount of social security revenues or

outlays unless that provision changes the income tax treatment of

social security benefits.

(c) Exception in House of Representatives

Subsection (a)(1) of this section 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 section 633(a) of this title for that fiscal year

to be exceeded.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 311, July 12, 1974, 88 Stat. 316;

Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat.

1055; Pub. L. 100-119, title I, Sec. 106(e)(1), Sept. 29, 1987, 101

Stat. 781; Pub. L. 101-508, title XIII, Sec. 13112(a)(10),

13207(a)(1)(E), 13303(d), Nov. 5, 1990, 104 Stat. 1388-608,

1388-617, 1388-626; Pub. L. 105-33, title X, Sec. 10112(a), Aug. 5,

1997, 111 Stat. 686.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (b)(2),

is classified generally to Title 26, Internal Revenue Code.

-COD-

CODIFICATION

Section was formerly classified to section 1332 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1997 - Pub. L. 105-33 amended section catchline and text

generally. Prior to amendment, section provided that new budget

authority, new spending authority, and revenue legislation had to

be within appropriate levels.

1990 - Subsec. (a). Pub. L. 101-508, Sec. 13303(d), designated

existing provisions as par. (1), redesignated former pars. (1) to

(3) thereof as subpars. (A) to (C), respectively, and added par.

(2).

Pub. L. 101-508, Sec. 13207(a)(1)(E), substituted ''bill, joint

resolution, amendment, motion, or conference report'' for ''bill,

resolution, or amendment'' and struck out ''or any conference

report on any such bill or resolution'' after ''reducing revenues

for such fiscal year,''.

Pub. L. 101-508, Sec. 13112(a)(10), in closing provisions,

substituted ''except in the case that a declaration of war by the

Congress is in effect'' for ''or, in the Senate, would otherwise

result in a deficit for such fiscal year that -

''(A) for fiscal year 1989 or any subsequent fiscal year,

exceeds the maximum deficit amount specified for such fiscal year

in section 622(7) of this title; and

''(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 section 901(a)(6) of this title minus

$23,000,000,000 for fiscal year 1988 or $36,000,000,000 for

fiscal year 1989;

except to the extent that paragraph (1) of section 632(i) of this

title or section 635(b) of this title, as the case may be, does not

apply by reason of paragraph (2) of such subsection.''

1987 - Subsec. (a). Pub. L. 100-119 substituted ''would otherwise

result in a deficit for such fiscal year that -

''(A) for fiscal year 1989 or any subsequent fiscal year,

exceeds the maximum deficit amount specified for such fiscal year

in section 622(7) of this title; and

''(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 section 901(a)(6) of this title minus

$23,000,000,000 for fiscal year 1988 or $36,000,000,000 for

fiscal year 1989;

except to the extent that paragraph (1) of section 632(i) of this

title or section 635(b) of this title, as the case may be, does not

apply by reason of paragraph (2) of such subsection'' for ''would

otherwise result in a deficit for such fiscal year that exceeds the

maximum deficit amount specified for such fiscal year in section

622(7) of this title (except to the extent that paragraph (1) of

section 632(i) of this title or section 635(b) of this title, as

the case may be, does not apply by reason of paragraph (2) of such

subsection)''.

1985 - Subsec. (a). Pub. L. 99-177 amended subsec. (a) generally,

striking out references to sections 641 and 651 of this title, and

inserting provisions relating to nonconsideration in Senate of any

bill, resolution, etc., resulting in a fiscal year deficit

exceeding maximum deficit amount specified in section 622(7) of

this title, with certain exceptions.

Subsec. (b). Pub. L. 99-177 amended subsec. (b) generally,

substituting provisions setting forth exceptions in the House of

Representatives for certain bills, etc., under subsec. (a) of this

section, for provisions relating to determination of outlays and

revenues.

Subsec. (c). Pub. L. 99-177, in amending section generally, added

subsec. (c).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 13303(d) of Pub. L. 101-508 applicable with

respect to fiscal years beginning on or after Oct. 1, 1990, see

section 13306 of Pub. L. 101-508, set out as a note under section

632 of this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 633, 907a of this title.

-CITE-

2 USC Sec. 643 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 643. Determinations and points of order

-STATUTE-

(a) Budget Committee determinations

For purposes of this subchapter and subchapter II of this

chapter, 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 U.S.C. 901(c)).

(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 (2 U.S.C. 907a) has been enacted.

(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.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 312, as added Pub. L. 101-508,

title XIII, Sec. 13207(b)(1), Nov. 5, 1990, 104 Stat. 1388-618;

amended Pub. L. 105-33, title X, Sec. 10113(a), Aug. 5, 1997, 111

Stat. 687.)

-REFTEXT-

REFERENCES IN TEXT

The Balanced Budget and Emergency Deficit Control Act of 1985,

referred to in subsec. (c), is title II of Pub. L. 99-177, Dec. 12,

1985, 99 Stat. 1038, as amended, which enacted chapter 20 (Sec. 900

et seq.) and sections 654 to 656 of this title, amended sections

602, 622, 631 to 642, and 651 to 653 of this title, sections 1104

to 1106 and 1109 of Title 31, Money and Finance, and section 911 of

Title 42, The Public Health and Welfare, repealed section 661 of

this title, enacted provisions set out as notes under section 900

of this title and section 911 of Title 42, and amended provisions

set out as a note under section 621 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 900 of this title and Tables.

This Act, referred to in subsecs. (d) to (f), means Pub. L.

93-344, July 12, 1974, 88 Stat. 297, as amended, known as the

Congressional Budget and Impoundment Control Act of 1974, which

enacted chapters 17, 17A, and 17B and section 190a-3 of this title

and sections 11a, 11c, 11d, 1020a of former Title 31, Money and

Finance, amended sections 11, 665, 701, 1020, 1151, 1152, 1153, and

1154 of former Title 31, section 105 of Title 1, General

Provisions, and sections 190b and 190d of this title, repealed

sections 571 and 581c-1 of former Title 31 and sections 66 and 81

of this title, and enacted provisions set out as notes under

sections 190a-1, 621, 632, and 682 of this title, section 105 of

Title 1, and section 1020 of former Title 31. For complete

classification of this Act to the Code, see Short Title note set

out under section 621 of this title and Tables.

-MISC2-

AMENDMENTS

1997 - Pub. L. 105-33 amended section catchline and text

generally. Prior to amendment, section consisted of subsecs. (a)

and (b) and provided that each provision of this Act that

established point of order against an amendment also established

point of order in Senate against an amendment between Houses and

prescribed effect of sustaining point of order against an amendment

or bill under this Act.

-CITE-

2 USC Sec. 644 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 644. Extraneous matter in reconciliation legislation

-STATUTE-

(a) In general

When the Senate is considering a reconciliation bill or a

reconciliation resolution pursuant to section 641 of this title

(whether that bill or resolution originated in the Senate or the

House) or section 907d of this title, upon a point of order being

made by any Senator against material extraneous to the instructions

to a committee which is contained in any title or provision of the

bill or resolution or offered as an amendment to the bill or

resolution, and the point of order is sustained by the Chair, any

part of said title or provision that contains material extraneous

to the instructions to said Committee as defined in subsection (b)

of this section shall be deemed stricken from the bill and may not

be offered as an amendment from the floor.

(b) Extraneous provisions

(1)(A) Except as provided in paragraph (2), a provision of a

reconciliation bill or reconciliation resolution considered

pursuant to section 641 of this title shall be considered

extraneous if such provision does not produce a change in outlays

or revenues, including changes in outlays and revenues brought

about by changes in the terms and conditions under which outlays

are made or revenues are required to be collected (but a provision

in which outlay decreases or revenue increases exactly offset

outlay increases or revenue decreases shall not be considered

extraneous by virtue of this subparagraph); (B) any provision

producing an increase in outlays or decrease in revenues shall be

considered extraneous if the net effect of provisions reported by

the committee reporting the title containing the provision is that

the committee fails to achieve its reconciliation instructions; (C)

a provision that is not in the jurisdiction of the committee with

jurisdiction over said title or provision shall be considered

extraneous; (D) a provision shall be considered extraneous if it

produces changes in outlays or revenues which are merely incidental

to the non-budgetary components of the provision; (E) a provision

shall be considered to be extraneous if it increases, or would

increase, net outlays, or if it decreases, or would decrease,

revenues during a fiscal year after the fiscal years covered by

such reconciliation bill or reconciliation resolution, and such

increases or decreases are greater than outlay reductions or

revenue increases resulting from other provisions in such title in

such year; and (F) a provision shall be considered extraneous if it

violates section 641(g) of this title.

(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 section 641 of this title in the Senate, and

again upon the submission of a conference report on such a

reconciliation bill or resolution, the Committee on the Budget of

the Senate shall submit for the record a list of material

considered to be extraneous under subsections (b)(1)(A), (b)(1)(B),

and (b)(1)(E) of this section to the instructions of a committee as

provided in this section. The inclusion or exclusion of a

provision shall not constitute a determination of extraneousness by

the Presiding Officer of the Senate.

(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 section 641 of this title,

upon -

(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) of this

section, 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.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 313, formerly Pub. L. 99-272,

title XX, Sec. 20001, Apr. 7, 1986, 100 Stat. 390, as amended Pub.

L. 99-509, title VII, Sec. 7006, Oct. 21, 1986, 100 Stat. 1949;

Pub. L. 100-119, title II, Sec. 205(a), (b), Sept. 29, 1987, 101

Stat. 784; renumbered Sec. 313 of Pub. L. 93-344 and amended Pub.

L. 101-508, title XIII, Sec. 13214(a)-(b)(4), Nov. 5, 1990, 104

Stat. 1388-621, 1388-622; Pub. L. 105-33, title X, Sec.

10113(b)(1), Aug. 5, 1997, 111 Stat. 688.)

-COD-

CODIFICATION

Prior to redesignation by Pub. L. 101-508, this section was

section 20001 of Pub. L. 99-272, which was not classified to the

Code, and subsec. (c) (now (d)) of this section (relating to point

of order) was subsec. (a) of the first section of Senate Resolution

No. 286, Ninety-ninth Congress, Dec. 19, 1985.

-MISC3-

AMENDMENTS

1997 - Subsec. (c). Pub. L. 105-33, Sec. 10113(b)(1)(A),

redesignated subsec. (c), relating to point of order, as (d).

Subsec. (d). Pub. L. 105-33, Sec. 10113(b)(1)(A), redesignated

subsec. (c), relating to point of order, as (d) and inserted

heading. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 105-33, Sec. 10113(b)(1)(B), redesignated

subsec. (d) as (e) and struck out heading and text of former

subsec. (e). Text read as follows: ''For purposes of this section,

the levels of new budget authority, budget outlays, 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

Senate.''

1990 - Pub. L. 101-508, Sec. 13214(b)(2)(A), inserted

''Extraneous matter in reconciliation legislation'' as section

catchline.

Pub. L. 101-508, Sec. 13214(b)(1), redesignated section 20001 of

Pub. L. 99-272 as this section.

Subsec. (a). Pub. L. 101-508, Sec. 13214(a)(1)(A), inserted

heading ''In general''.

Pub. L. 101-508, Sec. 13214(b)(4)(B), substituted ''subsection

(b) of this section'' for ''subsection (d) of this section''.

Pub. L. 101-508, Sec. 13214(b)(4)(A), made technical amendment to

reference to section 641 of this title to reflect change in

reference to corresponding section of original act.

Pub. L. 101-508, Sec. 13214(b)(2)(B), struck out at end ''An

affirmative vote of three-fifths of the Members, 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 section, as well as to

waive or suspend the provisions of this subsection.''

Pub. L. 101-508, Sec. 13214(a)(1)(B), inserted ''(whether that

bill or resolution originated in the Senate or the House) or

section 907d of this title'' after ''section 641 of this title''.

Subsec. (b). Pub. L. 101-508, Sec. 13214(b)(2)(B), (C),

redesignated subsec. (d) as (b) and struck out former subsec. (b)

which provided that no motion to waive or suspend the requirement

of section 636(b)(2) of this title, as it related to germaneness

with respect to a reconciliation bill or resolution, could be

agreed to unless supported by an affirmative vote of three-fifths

of the Members, duly chosen and sworn, which super-majority was to

be required to successfully appeal the ruling of the Chair on a

point of order raised under that section, as well as to waive or

suspend the provisions of this subsection.

Pub. L. 101-508, Sec. 13214(a)(2), inserted heading ''Extraneous

provisions''.

Subsec. (b)(1)(A). Pub. L. 101-508, Sec. 13214(b)(4)(A), made

technical amendment to reference to section 641 of this title to

reflect change in reference to corresponding section of original

act.

Pub. L. 101-508, Sec. 13214(a)(3), inserted before semicolon

''(but a provision in which outlay decreases or revenue increases

exactly offset outlay increases or revenue decreases shall not be

considered extraneous by virtue of this subparagraph)''.

Subsec. (b)(1)(F). Pub. L. 101-508, Sec. 13214(a)(4)-(6), added

subpar. (F).

Subsec. (b)(2). Pub. L. 101-508, Sec. 13214(a)(7), substituted

''A Senate-originated provision'' for ''A provision''.

Subsec. (b)(2)(C). Pub. L. 101-508, Sec. 13214(b)(4)(C), inserted

''or'' after ''scorekeeping purposes;''.

Subsec. (c). Pub. L. 101-508, Sec. 13214(b)(4)(F), which directed

the substitution of ''this subsection'' for ''this resolution'' in

par. (2), was executed to last sentence of subsec. (c) as the

probable intent of Congress.

Pub. L. 101-508, Sec. 13214(b)(4)(E), substituted ''(b)(1)(A),

(b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F) of this section'' for

''(d)(1)(A) or (d)(1)(D) of section 20001 of the Consolidated

Omnibus Budget Reconciliation Act of 1985''.

Pub. L. 101-508, Sec. 13214(b)(4)(D), substituted ''When'' for

''when''.

Pub. L. 101-508, Sec. 13214(b)(4)(A), made technical amendment to

reference to section 641 of this title to reflect change in

reference to corresponding section of original act.

Pub. L. 101-508, Sec. 13214(b)(3), redesignated as subsec. (c),

relating to point of order, subsec. (a) of the first section of

Senate Resolution No. 286, Ninety-ninth Congress, Dec. 19, 1985, as

amended by Senate Resolution No. 509, Ninety-ninth Congress, Oct.

16, 1986.

Pub. L. 101-508, Sec. 13214(b)(2)(C), redesignated subsec. (e),

relating to extraneous materials, as (c).

Pub. L. 101-508, Sec. 13214(b)(2)(B), struck out subsec. (c)

which provided for effective and termination dates of this section.

Subsec. (d). Pub. L. 101-508, Sec. 13214(b)(2)(C), redesignated

subsec. (f) as (d). Former subsec. (d) redesignated (b).

Subsecs. (e) to (g). Pub. L. 101-508, Sec. 13214(a)(8),

(b)(2)(C), added subsecs. (e) to (g) and redesignated them as

subsecs. (c) to (e), respectively.

1987 - Subsec. (c). Pub. L. 100-119, Sec. 205(a), substituted

''September 30, 1992'' for ''January 2, 1988''.

Subsec. (d)(1)(E). Pub. L. 100-119, Sec. 205(b), which directed

that cl. (E) be added to subsec. (d)(1)(A), was executed to subsec.

(d)(1), as the probable intent of Congress.

1986 - Subsec. (c). Pub. L. 99-509, Sec. 7006(b), substituted

''January 2, 1988'' for ''January 2, 1987''.

Pub. L. 99-509, Sec. 7006(c), substituted ''section 20001'' for

''section 1201'' in Senate Resolution No. 286, Ninety-ninth

Congress, Dec. 19, 1985. See 1990 Amendment note above.

Subsec. (d)(2). Pub. L. 99-509, Sec. 7006(a)(1), substituted

''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''

for ''(1)(A) above if'' in introductory provisions.

Subsec. (d)(2)(A). Pub. L. 99-509, Sec. 7006(a)(2), substituted

''the provision mitigates'' for ''it is designed to mitigate the''.

Subsec. (d)(2)(B). Pub. L. 99-509, Sec. 7006(a)(3), substituted

''the provision'' for ''it''.

Subsec. (d)(3). Pub. L. 99-509, Sec. 7006(a)(4), added par. (3).

-CITE-

2 USC Sec. 645 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 645. Adjustments

-STATUTE-

(a) Adjustments

(1) In general

After the reporting of a bill or joint resolution, 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 shall make the adjustments set

forth in paragraph (2) for the amount of new budget authority in

that measure (if that measure meets the requirements set forth in

subsection (b) of this section) and the outlays flowing from that

budget authority.

(2) Matters to be adjusted

The adjustments referred to in paragraph (1) are to be made to

-

(A) the discretionary spending limits, if any, set forth in

the appropriate concurrent resolution on the budget;

(B) the allocations made pursuant to the appropriate

concurrent resolution on the budget pursuant to section 633(a)

of this title; and

(C) the budgetary aggregates as set forth in the appropriate

concurrent resolution on the budget.

(b) Amounts of adjustments

The adjustment referred to in subsection (a) of this section

shall be -

(1) an amount provided and designated as an emergency

requirement pursuant to section 901(b)(2)(A) or 902(e) of this

title;

(2) an amount provided for continuing disability reviews

subject to the limitations in section 901(b)(2)(C) of this title;

(3) for any fiscal year through 2002, an amount provided that

is the dollar equivalent of the Special Drawing Rights with

respect to -

(A) an increase in the United States quota as part of the

International Monetary Fund Eleventh General Review of Quotas

(United States Quota); or

(B) any increase in the maximum amount available to the

Secretary of the Treasury pursuant to section 286e-2 of title

22, as amended from time to time (New Arrangements to Borrow);

(4) an amount provided not to exceed $1,884,000,000 for the

period of fiscal years 1998 through 2000 for arrearages for

international organizations, international peacekeeping, and

multilateral development banks;

(5) an amount provided for an earned income tax credit

compliance initiative but not to exceed -

(A) with respect to fiscal year 1998, $138,000,000 in new

budget authority;

(B) with respect to fiscal year 1999, $143,000,000 in new

budget authority;

(C) with respect to fiscal year 2000, $144,000,000 in new

budget authority;

(D) with respect to fiscal year 2001, $145,000,000 in new

budget authority; and

(E) with respect to fiscal year 2002, $146,000,000 in new

budget authority; or

(6) in the case of an amount for adoption incentive payments

(as defined in section 901(b)(2)(G) of this title) for fiscal

year 1999, 2000, 2001, 2002, or 2003 for the Department of Health

and Human Services, an amount not to exceed $20,000,000.

(c) Application of adjustments

The adjustments made pursuant to subsection (a) of this section

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.

(d) Reporting revised suballocations

Following any adjustment made under subsection (a) of this

section, the Committees on Appropriations of the Senate and the

House of Representatives may report appropriately revised

suballocations under section 633(b) of this title to carry out this

section.

(e) Definitions for CDRs

As used in subsection (b)(2) of this section -

(1) the term ''continuing disability reviews'' shall have the

same meaning as provided in section 901(b)(2)(C)(ii) of this

title; and

(2) the term ''new budget authority'' shall have the same

meaning as the term ''additional new budget authority'' and the

term ''outlays'' shall have the same meaning as ''additional

outlays'' in that section.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 314, as added Pub. L. 105-33,

title X, Sec. 10114(a), Aug. 5, 1997, 111 Stat. 688; amended Pub.

L. 105-89, title II, Sec. 201(b)(2), Nov. 19, 1997, 111 Stat.

2125.)

-STATAMEND-

APPLICABILITY OF SUBSECTION (B)(1)

H. Con. Res. 83, Sec. 5(f), Mar. 26, 2001, 115 Stat. - - ,

provided: ''Section 314(b)(1) of the Congressional Budget Act of

1974 (2 U.S.C. 645(b)(1)) shall not apply in the House -

''(1) for fiscal year 2001; or

''(2) for fiscal year 2002 or any subsequent fiscal year,

except for emergencies affecting national security.''

-MISC1-

AMENDMENTS

1997 - Subsec. (b)(6). Pub. L. 105-89 added par. (6).

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-89 effective Nov. 19, 1997, except as

otherwise provided, with delay permitted if State legislation is

required, see section 501 of Pub. L. 105-89, set out as a note

under section 622 of Title 42, The Public Health and Welfare.

-CITE-

2 USC Sec. 645a 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER I - CONGRESSIONAL BUDGET PROCESS

-HEAD-

Sec. 645a. Effect of adoption of special order of business in House

of Representatives

-STATUTE-

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 of this chapter 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.

-SOURCE-

(Pub. L. 93-344, title III, Sec. 315, as added Pub. L. 105-33,

title X, Sec. 10115(a), Aug. 5, 1997, 111 Stat. 690.)

-CITE-

2 USC SUBCHAPTER II - FISCAL PROCEDURES 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

.

-HEAD-

SUBCHAPTER II - FISCAL PROCEDURES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 632, 643, 645a, 907b,

907c of this title.

-CITE-

2 USC Part A - General Provisions 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part A - General Provisions

.

-HEAD-

Part A - General Provisions

-CITE-

2 USC Sec. 651 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part A - General Provisions

-HEAD-

Sec. 651. Budget-related legislation not subject to appropriations

-STATUTE-

(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 chapter 31 of title 31) for the

repayment of which the United States is liable; or

(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) Point of order. - 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

new entitlement authority that is to become effective during the

current fiscal year.

(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 section 633(b) of this title in connection with the

most recently agreed to concurrent resolution on the budget for

such fiscal year, such bill or resolution shall then be referred to

the Committee on Appropriations of the Senate or may then be

referred to the Committee on Appropriations of the House, as the

case may be, with instructions to report it, with the committee's

recommendations, within 15 calendar days (not counting any day on

which that House is not in session) beginning with the day

following the day on which it is so referred. If the Committee on

Appropriations of either House fails to report a bill or resolution

referred to it under this paragraph within such 15-day period, the

committee shall automatically be discharged from further

consideration of such bill or resolution and such bill or

resolution shall be placed on the appropriate calendar.

(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) of this section 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) (42 U.S.C. 301 et seq.); or

(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 (26 U.S.C. 1 et seq.).

(2) Subsections (a) and (b) of this section 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 section 9101(2) of title 31), or (ii) a wholly owned

Government corporation (as defined in section 9101(3) of title

31) which is specifically exempted by law from compliance with

any or all of the provisions of chapter 91 of title 31, as of

December 12, 1985; or

(B) the outlays resulting therefrom consist exclusively of the

proceeds of gifts or bequests made to the United States for a

specific purpose.

-SOURCE-

(Pub. L. 93-344, title IV, Sec. 401, July 12, 1974, 88 Stat. 317;

Pub. L. 99-177, title II, Sec. 211, Dec. 12, 1985, 99 Stat. 1056;

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

101-508, title XIII, Sec. 13207(a)(1)(F), (G), Nov. 5, 1990, 104

Stat. 1388-617, 1388-618; Pub. L. 105-33, title X, Sec.

10116(a)(1)-(5), Aug. 5, 1997, 111 Stat. 690, 691.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (c)(1)(A), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is

classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,

The Public Health and Welfare. For complete classification of this

Act to the Code, see section 1305 of Title 42 and Tables.

The Internal Revenue Code of 1986, referred to in subsec.

(c)(1)(B), is classified generally to Title 26, Internal Revenue

Code.

-COD-

CODIFICATION

In subsec. (c)(2)(A), ''section 9101(2) of title 31'', ''section

9101(3) of title 31'', and ''chapter 91 of title 31'' were

substituted for ''section 201 of the Government Corporation Control

Act (31 U.S.C. 856)'', ''section 101 of such Act (31 U.S.C. 846)'',

and ''that Act'', respectively, on authority of Pub. L. 97-258,

Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of

which enacted Title 31, Money and Finance.

Section was formerly classified to section 1351 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

AMENDMENTS

1997 - Pub. L. 105-33, Sec. 10116(a)(1)(A), substituted

''Budget-related legislation not subject to appropriations'' for

''Bills providing new spending authority'' as section catchline.

Subsec. (a). Pub. L. 105-33, Sec. 10116(a)(1)(B), added subsec.

(a) and struck out heading and text of former subsec. (a). Text

read as follows: ''It shall not be in order in either the House of

Representatives or the Senate to consider any bill, joint

resolution, amendment, motion, or conference report, as reported to

its House which provides new spending authority described in

subsection (c)(2)(A) or (B) of this section, unless that bill,

resolution, conference report, or amendment also provides that such

new spending authority as described in subsection (c)(2)(A) or (B)

of this section is to be effective for any fiscal year only to such

extent or in such amounts as are provided in appropriation Acts.''

Subsec. (b). Pub. L. 105-33, Sec. 10116(a)(2)(A), inserted

''new'' before ''entitlement'' in heading.

Subsec. (b)(1). Pub. L. 105-33, Sec. 10116(a)(2)(B), added par.

(1) and struck out former par. (1) which read as follows: ''It

shall not be in order in either the House of Representatives or the

Senate to consider any bill, joint resolution, amendment, motion,

or conference report, as reported to its House, which provides new

spending authority described in subsection (c)(2)(C) of this

section which is to become effective before the first day of the

fiscal year which begins during the calendar year in which such

bill or resolution is reported.''

Subsec. (b)(2). Pub. L. 105-33, Sec. 10116(a)(2)(C), substituted

''new entitlement authority'' for ''new spending authority

described in subsection (c)(2)(C) of this section'' and ''of the

Senate or may then be referred to the Committee on Appropriations

of the House, as the case may be,'' for ''of that House''.

Subsec. (c). Pub. L. 105-33, Sec. 10116(a)(5), redesignated

subsec. (d) as (c).

Pub. L. 105-33, Sec. 10116(a)(3), struck out subsec. (c) which

defined terms ''new spending authority'' and ''spending

authority''.

Subsec. (d). Pub. L. 105-33, Sec. 10116(a)(5), redesignated

subsec. (d) as (c).

Subsec. (d)(1). Pub. L. 105-33, Sec. 10116(a)(4)(A), which

directed substitution of ''new authority described in those

subsections if outlays from that new authority will flow'' for

''new spending authority if the budget authority for outlays which

result from such new spending authority is derived'', was executed

by making the substitution for ''new spending authority if the

budget authority for outlays which will result from such new

spending authority is derived'' in introductory provisions to

reflect the probable intent of Congress.

Subsec. (d)(2), (3). Pub. L. 105-33, Sec. 10116(a)(4)(B), (C),

redesignated par. (3) as (2), substituted ''new authority described

in those subsections'' for ''new spending authority'' in

introductory provisions, and struck out former par. (2) which read

as follows: ''Subsections (a) and (b) of this section shall not

apply to new spending authority which is an amendment to or

extension of chapter 67 of title 31, or a continuation of the

program of fiscal assistance to State and local governments

provided by that chapter, to the extent so provided in the bill or

resolution providing such authority.''

1990 - Subsec. (a). Pub. L. 101-508, Sec. 13207(a)(1)(F),

substituted ''bill, joint resolution, amendment, motion, or

conference report'' for ''bill, resolution, or conference report''

and struck out ''(or any amendment which provides such new spending

authority)'' after ''subsection (c)(2)(A) or (B) of this section''.

Subsec. (b)(1). Pub. L. 101-508, Sec. 13207(a)(1)(G), substituted

''bill, joint resolution, amendment, motion, or conference report,

as reported to its House'' for ''bill or resolution'' and struck

out ''(or any amendment which provides such new spending

authority)'' after ''subsection (c)(2)(C) of this section''.

1986 - Subsec. (d)(1)(B). Pub. L. 99-514 substituted ''Internal

Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.

1985 - Subsec. (a). Pub. L. 99-177 amended subsec. (a) generally,

inserting provisions relating to applicability to conference

reports.

Subsec. (b). Pub. L. 99-177, in amending section generally,

reenacted subsec. (b) without change.

Subsec. (c). Pub. L. 99-177, in amending subsec. (c) generally,

added pars. (2)(D) and (E).

Subsec. (d). Pub. L. 99-177, in amending subsec. (d) generally,

reenacted pars. (1) and (2) without change, and inserted reference

to December 12, 1985, in par. (3).

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of this

title.

EFFECTIVE DATE

Section 905(c) of Pub. L. 93-344 (formerly set out as a note

under section 621 of this title) provided that except as provided

in section 906 of Pub. L. 93-344 (formerly set out as a note under

section 632 of this title) this section shall take effect on the

first day of the second regular session of the Ninety-fourth

Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 907c of this title; title

7 section 6617; title 15 section 4110; title 16 section 543h; title

25 sections 1300h-8, 1771d; title 33 section 2326a; title 42

sections 1962d-19, 10309, 11713; title 43 section 390g-7; title 50

App. section 1989b-9.

-CITE-

2 USC Sec. 652 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part A - General Provisions

-HEAD-

Sec. 652. Repealed. Pub. L. 105-33, title X, Sec. 10116(b), Aug. 5,

1997, 111 Stat. 692

-MISC1-

Section, Pub. L. 93-344, title IV, Sec. 402, July 12, 1974, 88

Stat. 318; Pub. L. 99-177, title II, Sec. 212, Dec. 12, 1985, 99

Stat. 1058; Pub. L. 101-508, title XIII, Sec. 13207(a)(1)(H), Nov.

5, 1990, 104 Stat. 1388-618, related to legislation providing new

credit authority.

-CITE-

2 USC Sec. 653 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part A - General Provisions

-HEAD-

Sec. 653. Analysis by Congressional Budget Office

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-344, title IV, Sec. 402, formerly Sec. 403, July 12,

1974, 88 Stat. 320; Pub. L. 97-108, Sec. 2(a), Dec. 23, 1981, 95

Stat. 1510; Pub. L. 99-177, title II, Sec. 213, Dec. 12, 1985, 99

Stat. 1059; Pub. L. 104-4, title I, Sec. 104, Mar. 22, 1995, 109

Stat. 62; renumbered Sec. 402, Pub. L. 105-33, title X, Sec.

10116(c)(1), Aug. 5, 1997, 111 Stat. 692.)

-COD-

CODIFICATION

Section was formerly classified to section 1353 of Title 31 prior

to the general revision and enactment of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.

-MISC3-

PRIOR PROVISIONS

A prior section 402 of Pub. L. 93-344 was classified to section

652 of this title prior to repeal by Pub. L. 105-33.

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-4, Sec. 104(2), struck out

subsection designation.

Subsec. (a)(2). Pub. L. 104-4, Sec. 104(1)(A), (C), redesignated

par. (3) as (2) and struck out former par. (2), which read as

follows: ''an estimate of the cost which would be incurred by State

and local governments in carrying out or complying with any

significant bill or resolution in the fiscal year in which it is to

become effective and in each of the four fiscal years following

such fiscal year, together with the basis for each such

estimate;''.

Subsec. (a)(3). Pub. L. 104-4, Sec. 104(1)(C), redesignated par.

(4) as (3). Former par. (3) redesignated (2).

Pub. L. 104-4, Sec. 104(1)(B), which directed the substitution of

''paragraph (1)'' for ''paragraphs (1) and (2)'', was executed by

making the substitution for ''paragraph (1) and (2)'' to reflect

the probable intent of Congress.

Subsec. (a)(4). Pub. L. 104-4, Sec. 104(1)(C), redesignated par.

(4) as (3).

Subsecs. (b), (c). Pub. L. 104-4, Sec. 104(3), struck out

subsecs. (b) and (c) which read as follows:

''(b) For purposes of subsection (a)(2) of this section, the term

'local government' has the same meaning as in section 6501 of title

31.

''(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). Pub. L. 99-177 added par. (4) and substituted

''estimates, comparison, and description'' for ''estimates and

comparison'' in last sentence.

1981 - Subsec. (a). Pub. L. 97-108, Sec. 2(a)(1)-(6), designated

existing provisions as subsec. (a), added par. (2), redesignated

former par. (2) as (3), in par. (3) as so redesignated, substituted

''estimates'' for ''estimate'' in two places, and substituted

reference to pars. (1) and (2) for reference to par. (1), and in

provision following par. (3) substituted ''estimates'' for

''estimate''.

Subsecs. (b) and (c). Pub. L. 97-108, Sec. 2(a)(7), added

subsecs. (b) and (c).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-4 effective Jan. 1, 1996, or on the date

90 days after appropriations are made available as authorized under

section 1516 of this title, whichever is earlier, and applicable to

legislation considered on and after such date, see section 110 of

Pub. L. 104-4, set out as an Effective Date note under section 1511

of this title.

EFFECTIVE DATE OF 1985 AMENDMENT

Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and

applicable with respect to fiscal years beginning after Sept. 30,

1985, see section 275(a)(1) of Pub. L. 99-177, set out as an

Effective and Termination Dates note under section 900 of this

title.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2(b) of Pub. L. 97-108 provided that: ''The amendments

made by subsection (a) (amending this section) shall apply with

respect to bills or resolutions reported by committees of the House

of Representatives and the Senate after September 30, 1982.''

EFFECTIVE DATE

Amendment by Pub. L. 93-344 effective on day on which first

Director of Congressional Budget Office is appointed under section

601(a) of this title, see section 905(b) of Pub. L. 93-344,

formerly set out as an Effective Date note under section 621 of

this title.

AUTHORIZATION OF APPROPRIATIONS

Section 3 of Pub. L. 97-108 provided that: ''There are authorized

to be appropriated such sums as may be necessary to carry out this

Act (amending this section and enacting provisions set out as notes

under this section and section 621 of this title).''

EXPIRATION OF AUTHORIZATION

Section 4 of Pub. L. 97-108, which provided for expiration on

Sept. 30, 1987, of authorization granted under Pub. L. 97-108,

which amended this section and enacted provisions set out as notes

under sections 621 and 653 of this title, was repealed by Pub. L.

100-119, title II, Sec. 204, Sept. 29, 1987, 101 Stat. 784.

-CITE-

2 USC Sec. 654 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part A - General Provisions

-HEAD-

Sec. 654. Study by General Accounting Office of forms of Federal

financial commitment not reviewed annually by Congress

-STATUTE-

The General Accounting 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.

-SOURCE-

(Pub. L. 93-344, title IV, Sec. 404, formerly Sec. 405, as added

Pub. L. 99-177, title II, Sec. 214, Dec. 12, 1985, 99 Stat. 1059;

renumbered Sec. 404 and amended Pub. L. 105-33, title X, Sec.

10116(c)(1), (2), Aug. 5, 1997, 111 Stat. 692.)

-MISC1-

PRIOR PROVISIONS

A prior section 404 of Pub. L. 93-344, which is not classified to

the Code, was renumbered section 403 by Pub. L. 105-33, title X,

Sec. 10116(c)(1), Aug. 5, 1997, 111 Stat. 692.

AMENDMENTS

1997 - Pub. L. 105-33, Sec. 10116(c)(2), substituted ''mandatory

spending'' for ''spending authority as described by section

651(c)(2) of this title and which provide permanent

appropriations,''.

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 Pub. L. 99-177, set out as an Effective and Termination Dates

note under section 900 of this title.

-CITE-

2 USC Sec. 655 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part A - General Provisions

-HEAD-

Sec. 655. Off-budget agencies, programs, and activities

-STATUTE-

(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

section 1105 of title 31 and in a concurrent resolution on the

budget reported pursuant to section 632 or section 635 of this

title and shall be considered, for purposes of this Act, budget

authority, outlays, and spending authority in accordance with

definitions set forth in this Act.

(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 section 1105 of title 31 and

for purposes of this Act.

-SOURCE-

(Pub. L. 93-344, title IV, Sec. 405, formerly Sec. 406, as added

Pub. L. 99-177, title II, Sec. 214, Dec. 12, 1985, 99 Stat. 1059;

renumbered Sec. 405, Pub. L. 105-33, title X, Sec. 10116(c)(1),

Aug. 5, 1997, 111 Stat. 692.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 93-344, July 12,

1974, 88 Stat. 297, as amended, known as the Congressional Budget

and Impoundment Control Act of 1974, which enacted chapters 17,

17A, and 17B, and section 190a-3 of this title and sections 11a,

11c, 11d, 1020a of former Title 31, Money and Finance, amended

sections 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former

Title 31, section 105 of Title 1, General Provisions, sections 190b

and 190d of this title, repealed sections 571 and 581c-1 of former

Title 31, and sections 66 and 81 of this title, and enacted

provisions set out as notes under sections 190a-1, 621, 632, and

682 of this title, section 105 of Title 1, and section 1020 of

former Title 31. For complete classification of this Act to the

Code, see Short Title note set out under section 621 of this title

and Tables.

-MISC2-

PRIOR PROVISIONS

A prior section 405 of Pub. L. 93-344 was renumbered section 404

and is classified to section 654 of this title.

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 Pub. L. 99-177, set out as an Effective and Termination Dates

note under section 900 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661d of this title.

-CITE-

2 USC Sec. 656 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part A - General Provisions

-HEAD-

Sec. 656. Member User Group

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-344, title IV, Sec. 406, formerly Sec. 407, as added

Pub. L. 99-177, title II, Sec. 214, Dec. 12, 1985, 99 Stat. 1060;

renumbered Sec. 406, Pub. L. 105-33, title X, Sec. 10116(c)(1),

Aug. 5, 1997, 111 Stat. 692.)

-MISC1-

PRIOR PROVISIONS

A prior section 406 of Pub. L. 93-344 was renumbered section 405

and is classified to section 655 of this title.

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 Pub. L. 99-177, set out as an Effective and Termination Dates

note under section 900 of this title.

-CITE-

2 USC Part B - Federal Mandates 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part B - Federal Mandates

.

-HEAD-

Part B - Federal Mandates

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1511 of this title.

-CITE-

2 USC Sec. 658 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part B - Federal Mandates

-HEAD-

Sec. 658. Definitions

-STATUTE-

For purposes of this part:

(1) Agency

The term ''agency'' has the same meaning as defined in section

551(1) of title 5, but does not include independent regulatory

agencies.

(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));

(FOOTNOTE 1) or

(FOOTNOTE 1) So in original. Second closing parenthesis

probably should not appear.

(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 section 6501(6) of title 31.

(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 section 601(2) of title 5.

(11) Small government

The term ''small government'' means any small governmental

jurisdictions defined in section 601(5) of title 5 and any tribal

government.

(12) State

The term ''State'' has the same meaning as defined in section

6501(9) of title 31.

(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 (85 Stat. 688; 43 U.S.C. 1601 et seq.) which is

recognized as eligible for the special programs and services

provided by the United States to Indians because of their special

status as Indians.

-SOURCE-

(Pub. L. 93-344, title IV, Sec. 421, as added Pub. L. 104-4, title

I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 50.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par.

(13), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

-MISC2-

EFFECTIVE DATE

Part effective Jan. 1, 1996, or on the date 90 days after

appropriations are made available as authorized under section 1516

of this title, whichever is earlier, and applicable to legislation

considered on and after such date, see section 110 of Pub. L.

104-4, set out as a note under section 1511 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 658b, 658c, 1502, 1515 of

this title.

-CITE-

2 USC Sec. 658a 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part B - Federal Mandates

-HEAD-

Sec. 658a. Exclusions

-STATUTE-

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 (42 U.S.C. 401

et seq.) (including taxes imposed by sections 3101(a) and 3111(a)

of title 26 (relating to old-age, survivors, and disability

insurance)).

-SOURCE-

(Pub. L. 93-344, title IV, Sec. 422, as added Pub. L. 104-4, title

I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 53.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in par. (7), is act Aug. 14,

1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is

classified generally to subchapter II (Sec. 401 et seq.) of chapter

7 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see section 1305 of Title

42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1515 of this title.

-CITE-

2 USC Sec. 658b 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part B - Federal Mandates

-HEAD-

Sec. 658b. Duties of Congressional committees

-STATUTE-

(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) of this

section.

(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) of this section 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 section

658d(a)(2) of this title would affect the competitive balance

between State, local, or tribal governments and the private

sector including a description of the actions, if any, taken by

the committee to avoid any adverse impact on the private sector

or the competitive balance between the public sector and the

private sector.

(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) of this section 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 section 658(5)(B)(i)(II) of this title, a statement

of how the committee specifically intends the States to implement

the reduction and to what extent the legislation provides

additional flexibility, if any, to offset the reduction.

(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 section 658c

of this title, a committee of the Senate or the House of

Representatives shall publish the statement in the committee

report accompanying the bill or joint resolution to which the

statement relates if the statement is available at the time the

report is printed.

(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.

-SOURCE-

(Pub. L. 93-344, title IV, Sec. 423, as added Pub. L. 104-4, title

I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 53; amended Pub. L.

106-141, Sec. 2(a), Dec. 7, 1999, 113 Stat. 1699.)

-MISC1-

AMENDMENTS

1999 - Subsec. (d)(3). Pub. L. 106-141 added par. (3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 658d, 1515 of this title.

-CITE-

2 USC Sec. 658c 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part B - Federal Mandates

-HEAD-

Sec. 658c. Duties of Director; statements on bills and joint

resolutions other than appropriations bills and joint

resolutions

-STATUTE-

(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 section 658d(a)(2)(B) of this title, the

amount of new budget authority for each fiscal year for a

period not to exceed 10 years beyond the effective date

necessary for the direct cost of the intergovernmental mandate;

and

(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 section 658(5)(B)(i)(II) of this title -

(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 section

658d(a)(1) of this title and as if the requirement of section

658d(a)(1) of this title had not been met.

(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) of this section, 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.

-SOURCE-

(Pub. L. 93-344, title IV, Sec. 424, as added Pub. L. 104-4, title

I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 55; amended Pub. L.

106-141, Sec. 2(b), Dec. 7, 1999, 113 Stat. 1699.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a)(3), (4). Pub. L. 106-141 added par. (3) and

redesignated former par. (3) as (4).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 658b, 658d, 1515 of this

title.

-CITE-

2 USC Sec. 658d 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part B - Federal Mandates

-HEAD-

Sec. 658d. Legislation subject to point of order

-STATUTE-

(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 section 658b(f) of this title before such consideration,

except this paragraph shall not apply to any supplemental

statement prepared by the Director under section 658c(d) of this

title; and

(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 section 658c(a)(1) of this title to be

exceeded, unless -

(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) of this section 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) of this section 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) of this section -

(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.

-SOURCE-

(Pub. L. 93-344, title IV, Sec. 425, as added Pub. L. 104-4, title

I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 56.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 658b, 658c, 658e, 1512,

1515 of this title.

-CITE-

2 USC Sec. 658e 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part B - Federal Mandates

-HEAD-

Sec. 658e. Provisions relating to House of Representatives

-STATUTE-

(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 section

658d of this title.

(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

section 658d of this title or subsection (a) of this section must

specify the precise language on which it is premised.

(3) Question of consideration

As disposition of points of order under section 658d of this

title or subsection (a) of this section, the Chair shall put the

question of consideration with respect to the proposition that is

the subject of the points of order.

(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.

-SOURCE-

(Pub. L. 93-344, title IV, Sec. 426, as added Pub. L. 104-4, title

I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 59.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1515 of this title.

-CITE-

2 USC Sec. 658f 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part B - Federal Mandates

-HEAD-

Sec. 658f. Requests to Congressional Budget Office from Senators

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-344, title IV, Sec. 427, as added Pub. L. 104-4, title

I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 59.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1515 of this title.

-CITE-

2 USC Sec. 658g 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER II - FISCAL PROCEDURES

Part B - Federal Mandates

-HEAD-

Sec. 658g. Clarification of application

-STATUTE-

(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.

-SOURCE-

(Pub. L. 93-344, title IV, Sec. 428, as added Pub. L. 104-4, title

I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 59.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1515 of this title.

-CITE-

2 USC SUBCHAPTER III - CREDIT REFORM 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER III - CREDIT REFORM

.

-HEAD-

SUBCHAPTER III - CREDIT REFORM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 900 of this title;

title 12 sections 635, 635i-6; title 22 sections 2124, 2186, 2197;

title 23 section 181; title 31 section 3720C; title 38 section

3722; title 42 sections 254b, 292i; title 47 section 614; title 49

section 41762.

-CITE-

2 USC Sec. 661 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER III - CREDIT REFORM

-HEAD-

Sec. 661. Purposes

-STATUTE-

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.

-SOURCE-

(Pub. L. 93-344, title V, Sec. 501, as added Pub. L. 101-508, title

XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-610.)

-MISC1-

PRIOR PROVISIONS

A prior section 661, Pub. L. 93-344, title VI, Sec. 606, July 12,

1974, 88 Stat. 325, directed that Budget Committees of House and

Senate study, on a continuing basis, any provisions of law which

exempt agencies or programs from inclusion in the budget and make

recommendations from time to time with regard to terminating or

modifying such provisions, prior to repeal by Pub. L. 99-177, title

II, Sec. 223, 275(a)(1), Dec. 12, 1985, 99 Stat. 1060, 1100,

effective Dec. 12, 1985, and applicable with respect to fiscal

years beginning after Sept. 30, 1985.

A prior section 501 of Pub. L. 93-344, title V, July 12, 1974, 88

Stat. 321, was classified to section 1020 of former Title 31, prior

to repeal and reenactment as section 1102 of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, the first section of which enacted Title 31.

SHORT TITLE

For short title of title V of Pub. L. 93-344, which enacted this

subchapter, as the ''Federal Credit Reform Act of 1990'', see

section 500 of Pub. L. 93-344, set out as a note under section 621

of this title.

-CITE-

2 USC Sec. 661a 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER III - CREDIT REFORM

-HEAD-

Sec. 661a. Definitions

-STATUTE-

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

(FOOTNOTE 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.

(FOOTNOTE 1) So in original. Probably should be capitalized.

(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 section

900(c)(9) of this title.

(11) The term ''Director'' means the Director of the Office of

Management and Budget.

-SOURCE-

(Pub. L. 93-344, title V, Sec. 502, as added Pub. L. 101-508, title

XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-610; amended Pub.

L. 105-33, title X, Sec. 10117(a), Aug. 5, 1997, 111 Stat. 692.)

-MISC1-

PRIOR PROVISIONS

A prior section 502 of Pub. L. 93-344, title V, July 12, 1974, 88

Stat. 321, was set out as a note under section 1020 of former Title

31, prior to repeal by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982,

96 Stat. 1068.

AMENDMENTS

1997 - Par. (1). Pub. L. 105-33, Sec. 10117(a)(1), inserted ''and

financing arrangements that defer payment for more than 90 days,

including the sale of a government asset on credit terms'' after

''another lender''.

Par. (5)(A). Pub. L. 105-33, Sec. 10117(a)(2), inserted ''or

modification thereof'' after ''or loan guarantee''.

Par. (5)(B), (C). Pub. L. 105-33, Sec. 10117(a)(3), added

subpars. (B) and (C) and struck out former subpars. (B) and (C)

which read as follows:

''(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). Pub. L. 105-33, Sec. 10117(a)(4), amended subpar.

(D) generally. Prior to amendment, subpar. (D) read as follows:

''Any Government action that alters the estimated net present value

of an outstanding direct loan or loan guarantee (except

modifications within the terms of existing contracts or through

other existing authorities) shall be counted as a change in the

cost of that direct loan or loan guarantee. The calculation of

such changes shall be based on the estimated present value of the

direct loan or loan guarantee at the time of modification.''

Par. (5)(E). Pub. L. 105-33, Sec. 10117(a)(5), inserted ''the

cash flows of'' after ''similar maturity to''.

Par. (5)(F). Pub. L. 105-33, Sec. 10117(a)(6), added subpar. (F).

Pars. (9) to (11). Pub. L. 105-33, Sec. 10117(a)(7), added pars.

(9) and (10) and redesignated former par. (9) as (11).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661d of this title; title

10 sections 2540d, 2873; title 12 sections 635i-5, 1701z-11, 1715l,

1715z-1, 1715z-13a, 1715z-13b, 1721, 1735f-20, 4707; title 14

section 682; title 15 sections 636, 683, 697; title 22 sections

290m-2, 2151f, 2152b, 2431d, 2431e, 2431f; title 25 section 4195;

title 31 section 3711; title 42 section 1490p-2; title 46 App.

sections 1273, 1279e; title 47 sections 1103, 1109.

-CITE-

2 USC Sec. 661b 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER III - CREDIT REFORM

-HEAD-

Sec. 661b. OMB and CBO analysis, coordination, and review

-STATUTE-

(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.

-SOURCE-

(Pub. L. 93-344, title V, Sec. 503, as added Pub. L. 101-508, title

XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-611.)

-MISC1-

PRIOR PROVISIONS

A prior section 503 of Pub. L. 93-344, title V, July 12, 1974, 88

Stat. 321, was classified to section 701 of former Title 31, prior

to repeal and reenactment in section 1552(a) of Title 31, Money and

Finance, by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, the first section of which enacted Title 31.

-CITE-

2 USC Sec. 661c 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER III - CREDIT REFORM

-HEAD-

Sec. 661c. Budgetary treatment

-STATUTE-

(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) of this section 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.

-SOURCE-

(Pub. L. 93-344, title V, Sec. 504, as added Pub. L. 101-508, title

XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-612; amended Pub.

L. 105-33, title X, Sec. 10117(b), Aug. 5, 1997, 111 Stat. 693.)

-MISC1-

PRIOR PROVISIONS

A prior section 504 of Pub. L. 93-344, title V, July 12, 1974, 88

Stat. 322, was classified to section 1020a of former Title 31,

prior to repeal by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96

Stat. 1068.

AMENDMENTS

1997 - Subsec. (b)(1). Pub. L. 105-33, Sec. 10117(b)(1), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''appropriations of budget authority to cover their costs are made

in advance;''.

Subsec. (b)(2). Pub. L. 105-33, Sec. 10117(b)(2), substituted

''has been provided in advance in an appropriations Act'' for ''is

enacted''.

Subsec. (c). Pub. L. 105-33, Sec. 10117(b)(3), substituted

''Subsections (b) and (e)'' for ''Subsection (b)''.

Subsec. (d)(1). Pub. L. 105-33, Sec. 10117(b)(4), substituted

''modify outstanding direct loans (or direct loan obligations) or

loan guarantees (or loan guarantee commitments)'' for ''directly or

indirectly alter the costs of outstanding direct loans and loan

guarantees''.

Subsec. (e). Pub. L. 105-33, Sec. 10117(b)(5), amended heading

and text of subsec. (e) generally. Prior to amendment, text read

as follows: ''A direct loan obligation or loan guarantee commitment

shall not be modified in a manner that increases its cost unless

budget authority for the additional cost is appropriated, or is

available out of existing appropriations or from other budgetary

resources.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 661d of this title; title

10 section 4555; title 16 section 1854; title 22 sections 2195,

2197; title 31 section 3711; title 42 sections 254b, 4822; title 45

section 822.

-CITE-

2 USC Sec. 661d 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER III - CREDIT REFORM

-HEAD-

Sec. 661d. Authorizations

-STATUTE-

(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 section 655(b) (FOOTNOTE 1) of this

title) and the rate of interest paid to financing accounts on

uninvested balances in financing accounts shall be the same as the

rate determined pursuant to section 661a(5)(E) of this title. For

guaranteed loans financed by the Bank and treated as direct loans

by a Federal agency pursuant to section 655(b) (FOOTNOTE 1) of this

title, any fee or interest surcharge (the amount by which the

interest rate charged exceeds the rate determined pursuant to

section 661a(5)(E) of this title) that the Bank charges to a

private borrower pursuant to section 2285(c) of title 12 shall be

considered a cash flow to the Government for the purposes of

determining the cost of the direct loan pursuant to section 661a(5)

of this title. All such amounts shall be credited to the

appropriate financing account. The Bank is authorized to require

reimbursement from a Federal agency to cover the administrative

expenses of the Bank that are attributable to the direct loans

financed for that agency. All such payments by an agency shall be

considered administrative expenses subject to section 661c(g) of

this title. This subsection shall apply to transactions related to

direct loan obligations or loan guarantee commitments made on or

after October 1, 1991. The authorities described above shall not be

construed to supersede or override the authority of the head of a

Federal agency to administer and operate a direct loan or loan

guarantee program. All of the transactions provided in this

subsection shall be subject to the provisions of subchapter II of

chapter 15 of title 31. Cash balances of the financing accounts in

excess of current requirements shall be maintained in a form of

uninvested funds and the Secretary of the Treasury shall pay

interest on these funds.

(FOOTNOTE 1) See References in Text note below.

(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.

-SOURCE-

(Pub. L. 93-344, title V, Sec. 505, as added Pub. L. 101-508, title

XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-613; amended Pub.

L. 105-33, title X, Sec. 10117(c), Aug. 5, 1997, 111 Stat. 694.)

-REFTEXT-

REFERENCES IN TEXT

Section 655(b) of this title, referred to in subsec. (c), was in

the original ''section 406(b)'' and was translated as reading

''section 405(b)'', meaning section 405(b) of Pub. L. 93-344, to

reflect the probable intent of Congress because of context and

because section 406 does not contain a subsec. (b).

-MISC2-

PRIOR PROVISIONS

A prior section 505 of Pub. L. 93-344, title V, July 12, 1974, 88

Stat. 322, repealed sections 66 and 81 of this title.

AMENDMENTS

1997 - Subsec. (c). Pub. L. 105-33, Sec. 10117(c)(2), substituted

''supersede'' for ''supercede''.

Pub. L. 105-33, Sec. 10117(c)(1), inserted before period at end

of second sentence '', 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 section 655(b) of this title) and the rate of interest

paid to financing accounts on uninvested balances in financing

accounts shall be the same as the rate determined pursuant to

section 661a(5)(E) of this title. For guaranteed loans financed by

the Bank and treated as direct loans by a Federal agency pursuant

to section 655(b) of this title, any fee or interest surcharge (the

amount by which the interest rate charged exceeds the rate

determined pursuant to section 661a(5)(E) of this title) that the

Bank charges to a private borrower pursuant to section 2285(c) of

title 12 shall be considered a cash flow to the Government for the

purposes of determining the cost of the direct loan pursuant to

section 661a(5) of this title. All such amounts shall be credited

to the appropriate financing account. The Bank is authorized to

require reimbursement from a Federal agency to cover the

administrative expenses of the Bank that are attributable to the

direct loans financed for that agency. All such payments by an

agency shall be considered administrative expenses subject to

section 661c(g) of this title. This subsection shall apply to

transactions related to direct loan obligations or loan guarantee

commitments made on or after October 1, 1991''.

Subsec. (d). Pub. L. 105-33, Sec. 10117(c)(3), amended heading

and text of subsec. (d) generally. Prior to amendment, text read

as follows: ''If funds in liquidating accounts are insufficient to

satisfy the obligations and commitments of said accounts, there is

hereby provided permanent, indefinite authority to make any

payments required to be made on such obligations and commitments.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 2197.

-CITE-

2 USC Sec. 661e 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER III - CREDIT REFORM

-HEAD-

Sec. 661e. Treatment of deposit insurance and agencies and other

insurance programs

-STATUTE-

(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) of this section, the Office of

Management and Budget and the Congressional Budget Office shall

have access to all agency data that may facilitate these studies.

-SOURCE-

(Pub. L. 93-344, title V, Sec. 506, as added Pub. L. 101-508, title

XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-614; amended Pub.

L. 105-33, title X, Sec. 10117(d), Aug. 5, 1997, 111 Stat. 695.)

-MISC1-

PRIOR PROVISIONS

A prior section 506 of Pub. L. 93-344, title V, July 12, 1974, 88

Stat. 322, amended section 105 of Title 1, General Provisions, and

enacted provisions set out as a note under section 105 of Title 1,

prior to the general revision of title V of Pub. L. 93-344 by Pub.

L. 101-508.

AMENDMENTS

1997 - Pub. L. 105-33 struck out subsec. (a) designation and

heading, redesignated pars. (1) to (3) of former subsec. (a) as

subsecs. (a) to (c), respectively, inserted subsec. headings, and

substituted ''subsection (b) of this section'' for ''paragraph

(2)'' in subsec. (c).

-CITE-

2 USC Sec. 661f 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER III - CREDIT REFORM

-HEAD-

Sec. 661f. Effect on other laws

-STATUTE-

(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.

-SOURCE-

(Pub. L. 93-344, title V, Sec. 507, as added Pub. L. 101-508, title

XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-614.)

-CITE-

2 USC SUBCHAPTER IV - BUDGET AGREEMENT ENFORCEMENT

PROVISIONS 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER IV - BUDGET AGREEMENT ENFORCEMENT PROVISIONS

.

-HEAD-

SUBCHAPTER IV - BUDGET AGREEMENT ENFORCEMENT PROVISIONS

-CITE-

2 USC Sec. 665 to 665e 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 17A - CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

SUBCHAPTER IV - BUDGET AGREEMENT ENFORCEMENT PROVISIONS

-HEAD-

Sec. 665 to 665e. Repealed. Pub. L. 105-33, title X, Sec. 10118(a),

Aug. 5, 1997, 111 Stat. 695

-MISC1-

Section 665, Pub. L. 93-344, title VI, Sec. 601, as added Pub. L.

101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat. 1388-602;

amended Pub. L. 103-66, title XIV, Sec. 14002(a), (b), Aug. 10,

1993, 107 Stat. 683, defined terms and provided for points of order

in cases where measures would exceed discretionary spending limits.

A prior section 601 of Pub. L. 93-344, title VI, July 12, 1974,

88 Stat. 323, was classified to section 11 of former Title 31,

prior to repeal and reenactment as sections 1105(a)(15), 1106(b),

and 1108(d) of Title 31, Money and Finance, by Pub. L. 97-258, Sec.

5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of which

enacted Title 31.

Section 665a, Pub. L. 93-344, title VI, Sec. 602, as added Pub.

L. 101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat.

1388-603; amended Pub. L. 103-322, title XXXI, Sec. 310001(f)(1),

Sept. 13, 1994, 108 Stat. 2103, related to committee allocations

and enforcement.

A prior section 602 of Pub. L. 93-344, title VI, July 12, 1974,

88 Stat. 324, was classified to section 11 of former Title 31,

prior to repeal and reenactment as section 1106(a) of Title 31,

Money and Finance, by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96

Stat. 1068, the first section of which enacted Title 31.

Section 665b, Pub. L. 93-344, title VI, Sec. 603, as added Pub.

L. 101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat.

1388-605, related to consideration of legislation before adoption

of budget resolution for that fiscal year.

A prior section 603 of Pub. L. 93-344, title VI, July 12, 1974,

88 Stat. 324, was classified to section 11 of former Title 31,

prior to repeal and reenactment in section 1105(a)(1)-(14) of Title

31, Money and Finance, by Pub. L. 97-258, Sec. 5(b), Sept. 13,

1982, 96 Stat. 1068, the first section of which enacted Title 31.

Section 665c, Pub. L. 93-344, title VI, Sec. 604, as added Pub.

L. 101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat.

1388-605, related to reconciliation directives regarding

pay-as-you-go requirements.

A prior section 604 of Pub. L. 93-344, title VI, July 12, 1974,

88 Stat. 324, was classified to section 11 of former Title 31,

prior to repeal and reenactment in section 1105(a)(1)-(14) of Title

31, Money and Finance, by Pub. L. 97-258, Sec. 5(b), Sept. 13,

1982, 96 Stat. 1068, the first section of which enacted Title 31.

Section 665d, Pub. L. 93-344, title VI, Sec. 605, as added Pub.

L. 101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat.

1388-606, related to application of section 642 of this title and

points of order in Senate for measures exceeding specified maximum

deficit amount.

A prior section 605 of Pub. L. 93-344, title VI, July 12, 1974,

88 Stat. 325, was classified to section 11a of former Title 31,

prior to repeal and reenactment in section 1109 of Title 31, Money

and Finance, by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat.

1068, the first section of which enacted Title 31.

Section 665e, Pub. L. 93-344, title VI, Sec. 606, as added Pub.

L. 101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat.

1388-606; amended Pub. L. 104-121, title I, Sec. 103(c), Mar. 29,

1996, 110 Stat. 849; Pub. L. 104-193, title II, Sec. 211(d)(5)(C),

Aug. 22, 1996, 110 Stat. 2192, related to 5-year budget resolutions

and requirement that budget resolutions conform to Balanced Budget

and Emergency Deficit Control Act of 1985.

A prior section 606 of Pub. L. 93-344, title VI, July 12, 1974,

88 Stat. 325, was classified to section 661 of this title, prior to

repeal by Pub. L. 99-177, title II, Sec. 223, Dec. 12, 1985, 99

Stat. 1060.

EFFECTIVE DATE

Section 607 of title VI of Pub. L. 93-344, as added by Pub. L.

101-508, title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat. 1388-607,

and amended by Pub. L. 103-66, title XIV, Sec. 14002(c)(3)(B), Aug.

10, 1993, 107 Stat. 684, provided that title VI of Pub. L. 93-344,

enacting this subchapter, was effective Nov. 5, 1990, and was

applicable to fiscal years 1991 to 1998, prior to repeal by Pub. L.

105-33, title X, Sec. 10118(a), Aug. 5, 1997, 111 Stat. 695.

-CITE-