ed 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 in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year 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. Subparagraph (A) shall not apply to any bill, resolution, amendment, motion, or conference report that is within the jurisdiction of the Committee on Appropriations. In applying this paragraph

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

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

(C) no provision of any bill or resolution, or any amendment thereto or conference report thereon, involving a change in chapter 1 of the Internal Revenue Code of 1986 [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.

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

[See main edition for text of (g)]

(As amended Pub. L. 101-508, title XIII, §§ 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.)

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (f)(2)(C), is classified generally to Title 26, Internal Revenue Code.

AMENDMENTS

Pub.

1990-Subsec. (a)(1). L. 101-508, § 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, § 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, § 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, § 13112(a)(6), struck out "the House of Representatives and" after "among each committee of".

Subsec. (b)(1)(A). Pub. L. 101-508, § 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, § 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, § 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, § 13207(a)(1)(B), inserted "joint" before "resolution" the second and third places appearing in introductory provisions.

Pub. L. 101-508, § 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, § 13303(c)(3), inserted three sentences at end beginning with "In applying this paragraph—”.

Pub. L. 101-508, § 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, § 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, § 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, § 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, § 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."

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 632, 639, 641, 642, 651, 665a, 665e, 907a, 907c, 908 of this title.

§ 634. 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 the public debt limit is considered

(a) In general

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 the House or Senate which provides—

[See main edition for text of (1) to (3)]

(4) new entitlement authority to become effective during a fiscal year;

(5) in the Senate only, new spending authority (as defined in section 651(c)(2) of this title) for a fiscal year; or

(6) in the Senate only, outlays,

until the concurrent resolution on the budget for such fiscal year (or, in the Senate, a concurrent resolution on the budget covering such fiscal year) has been agreed to pursuant to section 632 of this title.

(b) Exceptions

(1) In the House of Representatives, subsection (a) of this section does not apply to any bill or resolution

(A) providing new budget authority which first becomes available in a fiscal year following the fiscal year to which the concurrent resolution applies; or

(B) increasing or decreasing revenues which first become effective in a fiscal year following the fiscal year to which the concurrent resolution applies.

After May 15 of any calendar year, subsection (a) of this section does not apply in the House of Representatives to any general appropriation bill, or amendment thereto, which provides new budget authority for the fiscal year beginning in such calendar year.

(2) In the Senate, subsection (a) of this section does not apply to any bill or resolution making advance appropriations for the fiscal year to which the concurrent resolution applies and the two succeeding fiscal years.

[See main edition for text of (c)]

(As amended Pub. L. 101-508, title XIII, §§ 13205, 13207(a)(1)(C), Nov. 5, 1990, 104 Stat. 1388-616, 1388-617.)

AMENDMENTS

1990 Subsec. (a). Pub. L. 101-508, § 13207(a)(1)(C), substituted “bill, joint resolution, amendment, motion, or conference report" for "bill or resolution (or amendment thereto)".

Pub. L. 101-508, § 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, § 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, § 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).

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 665a, 665e, 907c, 908 of this title.

§ 635. Permissible revisions of concurrent resolutions on the budget

[See main edition for text of (a)] (b) Economic assumptions

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).

(As amended Pub. L. 101-508, title XIII, § 13112(a)(8), Nov. 5, 1990, 104 Stat. 1388-608.)

AMENDMENTS

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)."

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 622, 633, 636, 641, 655, 665e of this title.

§ 636. Provisions relating to consideration of concurrent resolutions on the budget

[See main edition for text of (a) and (b)]

(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 previ

ous 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).

[See main edition for text of (3) and (4)]

(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.

(As amended Pub. L. 101-508, title XIII, §§ 13209, 13210(1), Nov. 5, 1990, 104 Stat. 1388-619, 1388-620.)

AMENDMENTS

1990-Subsec. (c)(1). Pub. L. 101-508, § 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, § 13209(2), inserted "(or a message between Houses)" after "conference report" wherever appearing.

Subsecs. (d), (e). Pub. L. 101-508, § 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."

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 637. Legislation dealing with Congressional budget must be handled by Budget Committees

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.

(As amended Pub. L. 101-508, title XIII, § 13207(a)(1)(D), Nov. 5, 1990, 104 Stat. 1388-617.)

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".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 907c, 908 of this title.

§ 639. Reports, summaries, and projections of Congressional budget actions

(a) Reports on legislation providing new budget authority, new spending authority, or new credit 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 resolution, or committee amendment thereto, providing new budget authority (other than continuing appropriations), new spending authority described in section 651(c)(2) of this title, or new credit authority, or providing an increase or decrease in revenues or tax expenditures for a fiscal year (or fiscal years), the report accompanying that bill or 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);

[See main edition for text of (B)]

(C) containing a projection by the Congressional Budget Office of how such measure will affect the levels of such budget authority, budget outlays, spending authority, revenues, tax expenditures, direct loan obligations, or primary loan guarantee commitments 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

[See main edition for text of (D)]

(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 resolution provides new budget authority (other than continuing appropriations), new spending authority described in section 651(c)(2) of this title, or new credit authority, 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 resolutions providing new budget authority, new spending authority described in section 651(c)(2) of this title, or new credit 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 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.

[See main edition for text of (2); (c)] (As amended Pub. L. 101-508, title XIII, § 13206, Nov. 5, 1990, 104 Stat. 1388-617.)

AMENDMENTS

1990 Subsec. (a)(1). Pub. L. 101-508, § 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, § 13206(b), inserted "(or fiscal years)" after “fiscal year”.

Subsec. (b)(1). Pub. L. 101-508, § 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.

§ 641. Reconciliation

(a) Inclusion of reconciliation directives in concurrent resolutions on the budget

A concurrent resolution on the budget for any fiscal year, to the extent necessary to effectuate the provisions and requirements of such resolution, shall—

[See main edition for text of (1) to (3)]

(4) specify and direct any combination of the matters described in paragraphs (1), (2), and (3) (including a direction to achieve deficit reduction).

[See main edition for text of (b)]

(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 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

(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 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

(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.

[See main edition for text of (d) and (e)] (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 oldage, survivors, and disability insurance program established under title II of the Social Security Act [42 U.S.C. 401 et seq.).

(As amended Pub. L. 101-508, title XIII, §§ 13112(a)(9), 13207(c), (d), 13210(2), Nov. 5, 1990, 104 Stat. 1388-608, 1388-618 to 1388-620.)

AMENDMENTS

1990-Subsec. (a)(4). Pub. L. 101-508, § 13207(d), inserted before period at end "(including a direction to achieve deficit reduction)".

Subsec. (c). Pub. L. 101-508, § 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, § 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, § 13112(a)(9), substituted "joint resolution pursuant" for "resolution pursuant" and "section 907d of this title" for "section 904(b) of this title".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 632, 644, 665c, 907a, 907d of this title.

§ 642. New budget authority, new spending authority, and revenue legislation to be within appropriate levels

(a) Legislation subject to point of order

(1) Except as provided by subsection (b) 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

either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report providing new budget authority for such fiscal year, providing new entitlement authority effective during such fiscal year, or reducing revenues for such fiscal year,,1 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 appropriate level of total new budget authority or total budget outlays set forth in the most recently agreed to concurrent resolution on the budget for such fiscal year to be exceeded, or would cause revenues to be less than the appropriate level of total revenues set forth in such concurrent resolution except in the case that a declaration of war by the Congress is in effect.

(2)(A) After the Congress has completed action on a concurrent resolution on the budget, it shall not be in order in the Senate to consider any bill, resolution, amendment, motion, or conference report that would cause the appropriate level of total new budget authority or total budget outlays or social security outlays set forth for the first fiscal year in the most recently agreed to concurrent resolution on the budget covering such fiscal year to be exceeded, or would cause revenues to be less than the appropriate level of total revenues (or social security revenues to be less than the appropriate level of social security revenues) set forth for the first fiscal year covered by the resolution and for the period including the first fiscal year plus the following 4 fiscal years in such concurrent resolution.

(B) In applying this paragraph—

(i)(I) estimated social security outlays shall be deemed to be reduced by the excess of estimated social security revenues (including those provided for in the bill, resolution, amendment, or conference report with respect to which this subsection is applied) over the appropriate level of Social Security revenues specified in the most recently agreed to concurrent resolution on the budget;

(II) estimated social security revenues shall be deemed to be increased to the extent that estimated social security outlays are less (taking into account the effect of the bill, resolution, amendment, or conference report to which this subsection is being applied) than the appropriate level of social security outlays in the most recently agreed to concurrent resolution on the budget; and

(ii)(I) estimated Social Security outlays shall be deemed to be increased by the shortfall of estimated social security revenues (including Social Security revenues provided for in the bill, resolution, amendment, or conference report with respect to which this subsection is applied) below the appropriate level of

1 So in original.