2 U.S.C. § 642 — Budget-related legislation must be within

Page 195 TITLE 2—THE CONGRESS § 642 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’’. 1985—Pub. L. 99–177 substituted ‘‘Reconciliation’’ for ‘‘Second required concurrent resolution and reconcili- ation process’’ in section catchline. Subsec. (a). Pub. L. 99–177 amended subsec. (a) gen- erally, 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 ses- sion on the day on which such concurrent resolution is reported. Subsec. (b). Pub. L. 99–177 amended subsec. (b) gen- erally, substituting provisions relating to legislative procedure respecting concurrent resolutions with direc- tives to committees to determine and recommend changes in laws, etc., for provisions relating to comple- tion of action on concurrent resolutions. Subsec. (c). Pub. L. 99–177 amended subsec. (c) gen- erally, substituting provisions relating to compliance with reconciliation directives, for provisions relating to the reconciliation process. Subsec. (d). Pub. L. 99–177 amended subsec. (d) gen- erally, substituting provisions relating to limitations on amendments to reconciliation bills and resolutions, for provisions relating to completion of the reconcili- ation process. Subsec. (e). Pub. L. 99–177 amended subsec. (e) gen- erally, substituting references to subsec. (b) for ref- erences to subsec. (c) wherever appearing, and deleting references to reconciliation resolutions. Subsec. (f). Pub. L. 99–177 amended subsec. (f) gen- erally, inserting provision that Congress complete ac- tion 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 comple- tion of action on fiscal year reconciliation legislation. Subsec. (g). Pub. L. 99–177, in amending section gen- erally, added subsec. (g). 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, except that such amendment, inso- far as it relates to subsecs. (c), (d), and (g) of this sec- tion, to become effective Apr. 15, 1986, see section 275(a)(1), (2)(A) of Pub. L. 99–177, formerly set out as an Effective and Termination 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. § 642. Budget-related legislation must be within appropriate levels (a) Enforcement of budget aggregates (1) In House of Representatives Except as provided by subsection (c), after the Congress has completed action on a con- current resolution on the budget for a fiscal year, it shall not be in order in the House of Representatives to consider any bill, joint res- olution, amendment, motion, or conference re- port providing new budget authority or reduc- ing revenues, if— (A) the enactment of that bill or resolu- tion 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 au- thority or total outlays set forth in the appli- cable 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 ef- fect. (2) In Senate After a concurrent resolution on the budget is agreed to, it shall not be in order in the Sen- ate 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 res- olution 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 alloca- tions 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 Sen- ate to consider any bill, joint resolution, amendment, motion, or conference report that would cause a decrease in social security sur- pluses or an increase in social security deficits relative to the levels set forth in the applica- ble 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), social secu- rity surpluses equal the excess of social secu- rity revenues over social security outlays in a fiscal year or years with such an excess and social security deficits equal the excess of so- cial security outlays over social security reve- nues in a fiscal year or years with such an ex- cess. (2) Tax treatment For purposes of subsection (a)(3), no provi- sion 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 affect- ing the amount of social security revenues or outlays unless that provision changes the in- come tax treatment of social security benefits. (c) Exception in House of Representatives Subsection (a)(1) shall not apply in the House of Representatives to any bill, joint resolution, or amendment that provides new budget author- ity 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; Page 196 TITLE 2—THE CONGRESS § 643 (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 ex- ceeded. (Pub. L. 93–344, title III, § 311, July 12, 1974, 88 Stat. 316; Pub. L. 99–177, title II, § 201(b), Dec. 12, 1985, 99 Stat. 1055; Pub. L. 100–119, title I, § 106(e)(1), Sept. 29, 1987, 101 Stat. 781; Pub. L. 101–508, title XIII, §§ 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, § 10112(a), Aug. 5, 1997, 111 Stat. 686.) Editorial Notes REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in sub- sec. (b)(2), is classified generally to Title 26, Internal Revenue Code. 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, § 1, Sept. 13, 1982, 96 Stat. 877. 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, § 13303(d), designated existing provisions as par. (1), redesignated former pars. (1) to (3) thereof as subpars. (A) to (C), respec- tively, and added par. (2). Pub. L. 101–508, § 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 resolu- tion’’ after ‘‘reducing revenues for such fiscal year,’’. Pub. L. 101–508, § 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 cal- endar year in which such fiscal year begins as meas- ured 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 cal- endar year in which such fiscal year begins as meas- ured 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 def- icit for such fiscal year that exceeds the maximum def- icit 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) gen- erally, 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 gen- erally, added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 13303(d) of Pub. L. 101–508 ap- plicable 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, 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. § 643. Determinations and points of order (a) Budget Committee determinations For purposes of this subchapter and sub- chapter II, the levels of new budget authority, outlays, direct spending, new entitlement au- thority, 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 Sen- ate (1) In general Except as otherwise provided in this sub- section, it shall not be in order in the Senate to consider any bill or resolution (or amend- ment, 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 declara- tion of war by the Congress is in effect or if a joint resolution pursuant to section 258 of the Balanced Budget and Emergency Deficit Con- trol Act of 1985 [2 U.S.C. 907a] has been en- acted. (c) Maximum deficit amount point of order in Senate It shall not be in order in the Senate to con- sider any concurrent resolution on the budget