2 U.S.C. § 635 — Annual adoption of concurrent resolution on the budget

**(a) Content of concurrent resolution on the budget** On or before April 15 of each year, the Congress shall complete action on a concurrent resolution on the budget for the fiscal year beginning on October 1 of such year. The concurrent resolution shall set forth appropriate levels for the fiscal year beginning on October 1 of such year and for at least each of the 4 ensuing fiscal years for the following— (1) totals of new budget authority and outlays; (2) total Federal revenues and the amount, if any, by which the aggregate level of Federal revenues should be increased or decreased by bills and resolutions to be reported by the appropriate committees; (3) the surplus or deficit in the budget; (4) new budget authority and outlays for each major functional category, based on allocations of the total levels set forth pursuant to paragraph (1); (5) the public debt; (6) for purposes of Senate enforcement under this subchapter, outlays of the old-age, survivors, and disability insurance program established under title II of the Social Security Act [[42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.] for the fiscal year of the resolution and for each of the 4 succeeding fiscal years; and (7) for purposes of Senate enforcement under this subchapter, revenues of the old-age, survivors, and disability insurance program established under title II of the Social Security Act (and the related provisions of the Internal Revenue Code of 1986 [[26 U.S.C. 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1&num=0&edition=prelim) 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, survivors, and disability insurance program established under title II of the Social Security Act or the related provisions of the Internal Revenue Code of 1986 in the surplus or deficit totals required by this subsection or in any other surplus or deficit totals required by this subchapter. **(b) Additional matters in concurrent resolution** The concurrent resolution on the budget may— (1) set forth, if required by subsection (f), the calendar year in which, in the opinion of the Congress, the goals for reducing unemployment set forth in section 4(b) of the Employment Act of 1946 [[15 U.S.C. 1022a(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1022a/b&num=0&edition=prelim)] should be achieved; (2) include reconciliation directives described in [section 641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section641&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section641/b&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3101&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1021&num=0&edition=prelim) 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) which relate to matters within its jurisdiction or functions. Any Committee 11 So in original. Probably should not be capitalized. 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. **(e) Hearings and report** (1) **In general** — In developing the concurrent resolution on the budget referred to in subsection (a) for each fiscal year, the Committee on the Budget of each House shall hold hearings and shall receive testimony from Members of Congress and such appropriate representatives of Federal departments and agencies, the general public, and national organizations as the committee deems desirable. Each of the recommendations as to short-term and medium-term goals set forth in the report submitted by the members of the Joint Economic Committee under subsection (d) may be considered by the Committee on the Budget of each House as part of its consideration of such concurrent resolution, and its report may reflect its views thereon, including its views on how the estimates of revenues and levels of budget authority and outlays set forth in such concurrent resolution are designed to achieve any goals it is recommending. (2) **Required contents of report** — The report accompanying the resolution shall include— (A) a comparison of the levels of total new budget authority, total outlays, total revenues, and the surplus or deficit for each fiscal year set forth in the resolution with those requested in the budget submitted by the President; (B) with respect to each major functional category, an estimate of total new budget authority and total outlays, with the estimates divided between discretionary and mandatory amounts; (C) the economic assumptions that underlie each of the matters set forth in the resolution and any alternative economic assumptions and objectives the committee considered; (D) information, data, and comparisons indicating the manner in which, and the basis on which, the committee determined each of the matters set forth in the resolution; (E) the estimated levels of tax expenditures (the tax expenditures budget) by major items and functional categories for the President’s budget and in the resolution; and (F) allocations described in [section 633(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section633/a&num=0&edition=prelim). (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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1022a/c&num=0&edition=prelim)], 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1022a/b&num=0&edition=prelim)] 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1022a/b&num=0&edition=prelim)] can be achieved, if, pursuant to section 4(e) of such Act [[15 U.S.C. 1022a(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1022a/e&num=0&edition=prelim)], 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)) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1022/a/2&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section631&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1&num=0&edition=prelim) 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.