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2 U.S.C. § 636 — Committee allocations

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2 U.S.C. § 636 — Committee allocations

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Source location: Title 2, Chapter 17A, § 636; chapter-17a-congressional-budget-and-fiscal-operations.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section900/c/4&num=0&edition=prelim) and shall not exceed the limits for each category set forth in [section 901(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901/c&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section900/c/4&num=0&edition=prelim). (4) **Amounts not allocated** — In the House of Representatives or the Senate, if a committee receives no allocation of new budget authority or outlays, that committee shall be deemed to have received an allocation equal to zero for new budget authority or outlays. (5) **Adjusting allocation of discretionary spending in the House of Representatives** (A) If a concurrent resolution on the budget is not adopted by April 15, the chairman of the Committee on the Budget of the House of Representatives shall submit to the House, as soon as practicable, an allocation under paragraph (1) to the Committee on Appropriations consistent with the discretionary spending levels in the most recently agreed to concurrent resolution on the budget for the appropriate fiscal year covered by that resolution. (B) As soon as practicable after an allocation under paragraph (1) is submitted under this section, the Committee on Appropriations shall make suballocations and report those suballocations to the House of Representatives. **(b) Suballocations by Appropriations Committees** As soon as practicable after a concurrent resolution on the budget is agreed to, the Committee on Appropriations of each House (after consulting with the Committee on Appropriations of the other House) shall suballocate each amount allocated to it for the budget year under subsection (a) among its subcommittees. Each Committee on Appropriations shall promptly report to its House suballocations made or revised under this subsection. The Committee on Appropriations of the House of Representatives shall further divide among its subcommittees the divisions made under subsection (a)(3)(B) and promptly report those divisions to the House. **(c) Point of order** After the Committee on Appropriations has received an allocation pursuant to subsection (a) for a fiscal year, it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report within the jurisdiction of that committee providing new budget authority for that fiscal year, until that committee makes the suballocations required by subsection (b). **(d) Subsequent concurrent resolutions** In the case of a concurrent resolution on the budget referred to in [section 635 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section635&num=0&edition=prelim), the allocations under subsection (a) and the subdivisions under subsection (b) 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), such committee may report to its House an alteration of such allocations. Any alteration of such allocations must be consistent with any actions already taken by its House on legislation within the committee’s jurisdiction. **(f) Legislation subject to point of order** (1) **In the House of Representatives** — After the Congress has completed action on a concurrent resolution on the budget for a fiscal year, it shall not be in order in the House of Representatives to consider any bill, joint resolution, or amendment providing new budget authority for any fiscal year, or any conference report on any such bill or joint resolution, if— (A) the enactment of such bill or resolution as reported; (B) the adoption and enactment of such amendment; or (C) the enactment of such bill or resolution in the form recommended in such conference report, would cause the applicable allocation of new budget authority made under subsection (a) or (b) for the first fiscal year or the total of fiscal years to be exceeded. (2) **In the Senate** — After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause— (A) in the case of any committee except the Committee on Appropriations, the applicable allocation of new budget authority or outlays under subsection (a) for the first fiscal year or the total of fiscal years to be exceeded; or (B) in the case of the Committee on Appropriations, the applicable suballocation of new budget authority or outlays under subsection (b) to be exceeded. **(g) Pay-as-you-go exception in the House** (1) **In general** (A) Subsection (f)(1) and, after April 15, [section 634(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section634/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section632/b/8&num=0&edition=prelim), if included in that concurrent resolution. (B) [Section 642(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section642/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section632/b/8&num=0&edition=prelim), 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section642/a&num=0&edition=prelim) but for the exception provided in paragraph (1)(B), the chairman of the Committee on the Budget of the House of Representatives shall file with the House appropriately revised allocations under subsection (a) and revised functional levels and budget aggregates to reflect that bill. (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.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1323 — Trust funds for certain fees, donations, quasi-public amounts, and unearned amounts

**(a)** Amounts from the following sources held in checking accounts of disbursing officials shall be deposited in the Treasury to the appropriate trust fund receipt accounts: (1) unearned money, lands (Department of the Interior). (2) reentry permit fees (Department of Justice). (3) naturalization fees (Department of Justice). (4) registry fees (Department of Justice). **(b)** Amounts deposited under subsection (a) of this section are appropriated for refunds. Earned parts of those amounts shall be transferred and credited to the appropriate receipt fund accounts. **(c)** Donations, quasi-public amounts, and unearned amounts shall be deposited in the Treasury as trust funds and are appropriated for disbursement under the terms of the trusts when the donation or amount is— (1) administered by officers and employees of the United States Government; and (2) carried in checking accounts of disbursing officials or others required to account to the Comptroller General (except clerks and marshals of the United States district courts).

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Federal law — U.S. Code and appendices · legal_authorities

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 outlay

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Federal law — U.S. Code and appendices · legal_authorities

1 U.S.C. § 105 — Title of appropriation Acts

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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2 U.S.C. § 632 — Definitions

For purposes of this Act— (1) The terms “budget outlays” and “outlays” mean, with respect to any fiscal year, expenditures and net lending of funds under budget authority during such year. (2) **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 11 So in original. Probably should be “as”. a result of a reappropriation; or (ii) a chan

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 900 — Statement of budget enforcement through sequestration; definitions

**(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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2 U.S.C. § 621 — Treatment of deposit insurance and agencies and other insurance programs

**(a) In general** This subchapter shall not apply to the credit or insurance activities of the Federal Deposit Insurance Corporation, National Credit Union Administration, Resolution Trust Corporation, Pension Benefit Guaranty Corporation, National Flood Insurance, National Insurance Development Fund, Crop Insurance, or Tennessee Valley Authority. **(b) Study** The Director and the Director of the Congressional Budget Office shall each study whether the accounting for Federal deposit insurance programs should be on a cash basis on the same basis as loan guarantees, or on a different basis. Each Director shall report findings and recommendations to the President and the Congress on or before May 31, 1991. **(c) Access to data** For the purposes of subsection (b), the Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate these studies.

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2 U.S.C. § 644 — Reconciliation

**(a) Inclusion of reconciliation directives in concurrent resolutions on the budget** A concurrent resolution on the budget for any fiscal year, to the extent necessary to effectuate the provisions and requirements of such resolution, shall— (1) specify the total amount by which— (A) new budget authority for such fiscal year; (B) budget authority initially provided for prior fiscal years; (C) new entitlement authority which is to become effective during such fiscal year; and (D) credit authority for such fiscal year, contained in laws, bills, and resolutions within the jurisdiction of a committee, is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount; (2) specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount; (3) specify the amounts by which the statutory limit on the public debt is to be changed and direct the committee having jurisdiction to recommend such change; or (4) specify and direct any combination of the matters described in paragraphs (1), (2), and (3) (including a direction to achieve deficit reduction). **(b) Legislative procedure** If a concurrent resolution containing directives to one or more committees to determine and recommend changes in laws, bills, or resolutions is agreed to in accordance with subsection (a), and— (1) only one committee of the House or the Senate is directed to determine and recommend changes, that committee shall promptly make such determination and recommendations and report to its House reconciliation legislation containing such recommendations; or (2) more than

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 636 — Provisions relating to consideration of con-

Page 187 TITLE 2—THE CONGRESS § 636 Subsec. (a). Pub. L. 99–177 amended subsec. (a) gen- erally, substituting provisions respecting new entitle- ment authority or new credit authority, for provisions respecting new spending authority. Subsec. (b). Pub. L. 99–177 amended subsec. (b) gen- erally, inserting provisions relating to applicability of subsec. (a) after May 15 of any calendar year. Subsec. (c). Pub. L. 99–177 amended subsec. (c) gen- erally, inserting references to amendments of bills or resolutions wherever appearing. Statutory Notes and Related Subsidiaries 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, formerly set out as an Effective and Termi- nation Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, § 104(a), Aug. 2, 2011, 125 Stat. 246. § 635. Permissible revisions of concurrent resolu- tions on the budget 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 reso- lution on the budget for such fiscal year most recently agreed to. (Pub. L. 93–344, title III, § 304, July 12, 1974, 88 Stat. 310; Pub. L. 99–177, title II, § 201(b), Dec. 12, 1985, 99 Stat. 1047; Pub. L. 100–119, title II, § 208(b), Sept. 29, 1987, 101 Stat. 786; Pub. L. 101–508, title XIII, § 13112(a)(8), Nov. 5, 1990, 104 Stat. 1388–608; Pub. L. 105–33, title X, § 10108, Aug. 5, 1997, 111 Stat. 684.) Editorial Notes CODIFICATION Section was formerly clas

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