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2 U.S.C. § 645a — Determinations and points of order
Federal law — U.S. Code and appendices · legal_authorities
**(a) Budget Committee determinations** For purposes of this subchapter and subchapter II, the levels of new budget authority, outlays, direct spending, new entitlement authority, and revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or the Senate, as applicable.
**(b) Discretionary spending point of order in Senate**
(1) **In general** — Except as otherwise provided in this subsection, it shall not be in order in the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that would exceed any of the discretionary spending limits in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 [[2 U.S.C. 901(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901/c&num=0&edition=prelim)].
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section907a&num=0&edition=prelim)] 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 re
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Source location: Title 2, Chapter 17A, § 645a; chapter-17a-congressional-budget-and-fiscal-operations.md
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**(a) Budget Committee determinations** For purposes of this subchapter and subchapter II, the levels of new budget authority, outlays, direct spending, new entitlement authority, and revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or the Senate, as applicable.
**(b) Discretionary spending point of order in Senate**
(1) **In general** — Except as otherwise provided in this subsection, it shall not be in order in the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that would exceed any of the discretionary spending limits in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 [[2 U.S.C. 901(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901/c&num=0&edition=prelim)].
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section907a&num=0&edition=prelim)] 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section658d&num=0&edition=prelim) 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 amendm
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedures in event of low-growth report**
(1) **Trigger** — Whenever CBO issues a low-growth report under section 254(i) [[2 U.S.C. 904(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section904/i&num=0&edition=prelim)], the Majority Leader of the House of Representatives may, and the Majority Leader of the Senate shall, introduce a joint resolution (in the form set forth in paragraph (2)) declaring that the conditions specified in section 254(i) are met and suspending the relevant provisions of this title,11 See References in Text note below. titles III and VI 1 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.], and [section 1103 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1103&num=0&edition=prelim).
(2) **Form of joint resolution**
(A) The matter after the resolving clause in any joint resolution introduced pursuant to paragraph (1) shall be as follows: “That the Congress declares that the conditions specified in section 254(j) 1 of the Balanced Budget and Emergency Deficit Control Act of 1985 are met, and the implementation of the Congressional Budget and Impoundment Control Act of 1974, chapter 11 of title 31, United States Code, and part C of the Balanced Budget and Emergency Deficit Control Act of 1985 are modified as described in section 258(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.”
(B) The title of the joint resolution shall be “Joint resolution suspending certain provisions of law pursuant to section 258(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985.”; and the joint resolution shall not contain any preamble.
(3)
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Federal law — U.S. Code and appendices · legal_authorities
The style and title of all Acts making appropriations for the support of Government shall be as follows: “An Act making appropriations (here insert the object) for the year ending September 30 (here insert the calendar year).”
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Omitted**
**(b) General statement of budget enforcement through sequestration** This subchapter provides for budget enforcement as called for in House Concurrent Resolution 84 (105th Congress, 1st session).
**(c) Definitions** As used in this subchapter:
(1) The terms “budget authority”, “new budget authority”, “outlays”, and “deficit” have the meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control Act of 1974 [[2 U.S.C. 622](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section622&num=0&edition=prelim)] and “discretionary spending limit” shall mean the amounts specified in [section 901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim).
(2) The terms “sequester” and “sequestration” refer to or mean the cancellation of budgetary resources provided by discretionary appropriations or direct spending law.
(3) The term “breach” means, for any fiscal year, the amount (if any) by which new budget authority or outlays for that year (within a category of discretionary appropriations) is above that category’s discretionary spending limit for new budget authority or outlays for that year, as the case may be.
(4)
(A) The term “nonsecurity category” means all discretionary appropriations not included in the security category defined in subparagraph (B).
(B) The term “security category” includes discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs).
(C
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** This subchapter shall not apply to the credit or insurance activities of the Federal Deposit Insurance Corporation, National Credit Union Administration, Resolution Trust Corporation, Pension Benefit Guaranty Corporation, National Flood Insurance, National Insurance Development Fund, Crop Insurance, or Tennessee Valley Authority.
**(b) Study** The Director and the Director of the Congressional Budget Office shall each study whether the accounting for Federal deposit insurance programs should be on a cash basis on the same basis as loan guarantees, or on a different basis. Each Director shall report findings and recommendations to the President and the Congress on or before May 31, 1991.
**(c) Access to data** For the purposes of subsection (b), the Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate these studies.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and the taxes imposed under sections 1401 and 3101 of the Internal Revenue Code of 1986 shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government.
**(b)** No provision of law enacted after December 12, 1985 (other than a provision of an appropriation Act that appropriated funds authorized under this chapter as in effect on December 12, 1985) may provide for payments from the general fund of the Treasury to any Trust Fund specified in subsection (a) or for payments from any such Trust Fund to the general fund of the Treasury.
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Federal law — U.S. Code and appendices · legal_authorities
Page 201
TITLE 2—THE CONGRESS
§ 651
(iv) for fiscal year 2025, $533,000,000;
(v) for fiscal year 2026, $608,000,000; and
(vi) for fiscal year 2027, $633,000,000.
(E) Definition
As used in this subsection, the term ‘‘addi-
tional new budget authority’’ means the
amount provided for a fiscal year, in excess
of $117,000,000, in an appropriation measure
or conference report (as the case may be)
and specified to pay for grants to States
under section 506 of title 42.
(2) Report on 633(b) level
Following any adjustment made under para-
graph (1), the Committees on Appropriations
of the Senate and the House of Representa-
tives may report appropriately revised sub-
allocations pursuant to section 633(b) of this
title to carry out this subsection.
(Pub. L. 93–344, title III, § 314, as added Pub. L.
105–33, title X, § 10114(a), Aug. 5, 1997, 111 Stat.
688; amended Pub. L. 105–89, title II, § 201(b)(2),
Nov. 19, 1997, 111 Stat. 2125; Pub. L. 112–25, title
I, § 105(a), Aug. 2, 2011, 125 Stat. 246; Pub. L.
112–78, title V, § 511, Dec. 23, 2011, 125 Stat. 1291;
Pub. L. 113–67, div. A, title I, § 122(10), Dec. 26,
2013, 127 Stat. 1176; Pub. L. 115–123, div. C, title
II, § 30206(d), Feb. 9, 2018, 132 Stat. 131.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsec. (g)(1)(C), is Pub. L.
115–123, Feb. 9, 2018, 132 Stat. 64, known as the Bipar-
tisan Budget Act of 2018. For complete classification of
this Act to the Code, see Short Title of 2018 Amend-
ment note set out under section 1305 of Title 42, The
Public Health and Welfare, and Tables.
AMENDMENTS
2018—Subsec. (g). Pub. L. 115–123 added subsec. (g).
2013—Subsec. (d)(2). Pub. L. 113–67 redesignated sub-
par. (B) as (A) and substituted ‘‘under paragraph (1)’’
for ‘‘under subparagraph (A)
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement**
(1) **Sequestration** — Within 15 calendar days after Congress adjourns to end a session there shall be a sequestration to eliminate a budget-year breach, if any, within any category.
(2) **Eliminating a breach** — Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to eliminate a breach within that category.
(3) **Military personnel** — If the President uses the authority to exempt any personnel account from sequestration under [section 905(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section905/f&num=0&edition=prelim), each account within subfunctional category 051 (other than those military personnel accounts for which the authority provided under [section 905(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section905/f&num=0&edition=prelim) has been exercised) shall be further reduced by a dollar amount calculated by multiplying the enacted level of non-exempt budgetary resources in that account at that time by the uniform percentage necessary to offset the total dollar amount by which outlays are not reduced in military personnel accounts by reason of the use of such authority.
(4) **Part-year appropriations** — If, on the date specified in paragraph (1), there is in effect an Act making or continuing appropriations for part of a fiscal year for any budget account, then the dollar sequestration calculated for that account under paragraphs (2) and (3) shall be subtracted from—
(A) the annualized amount otherwise available by law in that account under that or a subsequent part-year appropriation
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Federal law — U.S. Code and appendices · legal_authorities
Page 241
TITLE 2—THE CONGRESS
§ 901
Budget shall each take such actions as may be nec-
essary, within their respective authorities, promptly to
carry out this order.
SEC. 5. Effective Date. This order shall take effect
upon enactment of the Omnibus Budget Reconciliation
Act of 1993 [Aug. 10, 1993].
WILLIAM J. CLINTON.
§ 901. Enforcing discretionary spending limits
(a) Enforcement
(1) Sequestration
Within 15 calendar days after Congress ad-
journs to end a session there shall be a seques-
tration to eliminate a budget-year breach, if
any, within any category.
(2) Eliminating a breach
Each non-exempt account within a category
shall be reduced by a dollar amount calculated
by
multiplying
the
enacted
level
of
sequestrable budgetary resources in that ac-
count at that time by the uniform percentage
necessary to eliminate a breach within that
category.
(3) Military personnel
If the President uses the authority to ex-
empt any personnel account from sequestra-
tion under section 905(f) of this title, each ac-
count within subfunctional category 051 (other
than those military personnel accounts for
which the authority provided under section
905(f) of this title has been exercised) shall be
further reduced by a dollar amount calculated
by multiplying the enacted level of non-ex-
empt budgetary resources in that account at
that time by the uniform percentage nec-
essary to offset the total dollar amount by
which outlays are not reduced in military per-
sonnel accounts by reason of the use of such
authority.
(4) Part-year appropriations
If, on the date specified in paragraph (1),
there is in effect an Act making or continuing
appropriations for part of a fiscal year for any
budget account, then the dollar sequestration
calculated for that acco
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Federal law — U.S. Code and appendices · legal_authorities
Page 277
TITLE 2—THE CONGRESS
§ 907a
1 See References in Text note below.
‘‘The terms ‘sequester’ and ‘sequestration’ (subject to
section 902(a)(4) of this title) refer to or mean the can-
cellation of new budget authority, unobligated bal-
ances, obligated balances, new loan guarantee commit-
ments, new direct loan obligations, and spending au-
thority as defined in section 651(c)(2) of this title, and
the reduction of obligation limitations.’’
Par. (9). Pub. L. 100–119, § 102(b)(5), added par. (9).
Par. (10). Pub. L. 100–119, § 106(b), added par. (10).
Par. (11). Pub. L. 100–119, § 102(b)(6), added par. (11).
Par. (12). Pub. L. 100–119, § 102(b)(7), added par. (12).
Pars. (13), (14). Pub. L. 100–119, § 102(b)(8), added pars.
(13) and (14).
Statutory Notes and Related Subsidiaries
DEFINITION OF TERMS USED IN BALANCED BUDGET AND
EMERGENCY DEFICIT CONTROL ACT OF 1985
Pub. L. 101–163, title III, § 315, Nov. 21, 1989, 103 Stat.
1066, provided that: ‘‘Effective in the case of this Act
and any subsequent Act making appropriations for the
Legislative Branch, for purposes of the Balanced Budg-
et and Emergency Deficit Control Act of 1985 (Public
Law 99–177), as amended [see Short Title note set out
under section 900 of this title], or any other Act which
requires a uniform percentage reduction in accounts in
this Act and any subsequent Act making appropria-
tions for the Legislative Branch, the accounts under
the general heading ‘Senate’, and the accounts under
the general heading ‘House of Representatives’, shall
each be considered to be one appropriation account and
one ‘program, project, and activity’.’’
Pub. L. 100–202, § 101(i) [title III, § 306], Dec. 22, 1987,
101 Stat. 1329–290, 1329–309, provided that: ‘‘Hereafter,
for purposes of the Balanced
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