2 U.S.C. § 632 — Annual adoption of concurrent resolution

Page 178 TITLE 2—THE CONGRESS § 632 ‘‘(2) Not later than April 15, 2012, the Chairman of the Committee on the Budget shall file— ‘‘(A) for the Committee on Appropriations, com- mittee allocations for fiscal years 2012 and 2013 con- sistent with the discretionary spending limits set forth in this Act for the purpose of enforcing sec- tion 302 of the Congressional Budget Act of 1974; ‘‘(B) for all committees other than the Com- mittee on Appropriations, committee allocations for fiscal years 2012, 2013, 2013 through 2017, and 2013 through 2022 consistent with the Congressional Budget Office’s March 2012 baseline for the purpose of enforcing section 302 of the Congressional Budget Act of 1974; ‘‘(C) aggregate spending levels for fiscal years 2012 and 2013 and aggregate revenue levels for fiscal years 2012, 2013, 2013–2017, and 2013–2022 consistent with the Congressional Budget Office’s March 2012 baseline and the discretionary spending limits set forth in this Act for the purpose of enforcing sec- tion 311 of the Congressional Budget Act of 1974; and ‘‘(D) levels of Social Security revenues and out- lays for fiscal years 2012 and 2013, 2013–2017, and 2013–2022 consistent with the Congressional Budget Office’s March 2012 baseline budget for the purpose of enforcing sections 302 and 311 of the Congres- sional Budget Act of 1974 [2 U.S.C. 633, 642]. ‘‘(c) SENATE PAY-AS-YOU-GO SCORECARD.— ‘‘(1) Effective on the date of enactment of this sec- tion [Aug. 2, 2011], for the purpose of enforcing sec- tion 201 of S. Con. Res. 21 (110th Congress), the Chair- man of the Senate Committee on the Budget shall re- duce any balances of direct spending and revenues for any fiscal year to 0 (zero). ‘‘(2) Not later than April 15, 2012, for the purpose of enforcing section 201 of S. Con. Res. 21 (110th Con- gress), the Chairman of the Senate Committee on the Budget shall reduce any balances of direct spending and revenues for any fiscal year to 0 (zero). ‘‘(3) Upon resetting the Senate paygo scorecard pur- suant to paragraph (2), the Chairman shall publish a notification of such action in the Congressional Record. ‘‘(d) FURTHER ADJUSTMENTS.— ‘‘(1) The Chairman of the Committee on the Budget of the Senate may revise any allocations, aggregates, or levels set pursuant to this section to account for any subsequent adjustments to discretionary spend- ing limits made pursuant to this Act. ‘‘(2) With respect to any allocations, aggregates, or levels set or adjustments made pursuant to this sec- tion, sections 412 through 414 of S. Con. Res. 13 (111th Congress) shall remain in effect. ‘‘(e) EXPIRATION.— ‘‘(1) Subsections (a)(1), (b)(1), and (c)(1) shall expire if a concurrent resolution on the budget for fiscal year 2012 is agreed to by the Senate and House of Rep- resentatives pursuant to section 301 of the Congres- sional Budget Act of 1974 [2 U.S.C. 632]. ‘‘(2) Subsections (a)(2), (b)(2), and (c)(2) shall expire if a concurrent resolution on the budget for fiscal year 2013 is agreed to by the Senate and House of Rep- resentatives pursuant to section 301 of the Congres- sional Budget Act of 1974.’’ § 632. 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 Con- gress shall complete action on a concurrent res- olution on the budget for the fiscal year begin- ning 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 out- lays; (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 ap- propriate committees; (3) the surplus or deficit in the budget; (4) new budget authority and outlays for each major functional category, based on allo- cations 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, sur- vivors, and disability insurance program es- tablished under title II of the Social Security Act [42 U.S.C. 401 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, sur- vivors, and disability insurance program es- tablished under title II of the Social Security Act (and the related provisions of the Internal Revenue Code of 1986 [26 U.S.C. 1 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, sur- vivors, and disability insurance program estab- lished under title II of the Social Security Act or the related provisions of the Internal Rev- enue Code of 1986 in the surplus or deficit totals required by this subsection or in any other sur- plus or deficit totals required by this sub- chapter. (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 unemploy- ment set forth in section 4(b) of the Employ- ment Act of 1946 [15 U.S.C. 1022a(b)] should be achieved; (2) include reconciliation directives de- scribed in section 641 of this title; (3) require a procedure under which all or certain bills or resolutions providing new budget authority or new entitlement author- ity for such fiscal year shall not be enrolled until the Congress has completed action on any reconciliation bill or reconciliation reso- lution or both required by such concurrent resolution to be reported in accordance with section 641(b) of this title; (4) set forth such other matters, and require such other procedures, relating to the budget, as may be appropriate to carry out the pur- poses of this Act; (5) include a heading entitled ‘‘Debt Increase as Measure of Deficit’’ in which the concur- rent resolution shall set forth the amounts by which the debt subject to limit (in section 3101 of title 31) 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 Page 179 TITLE 2—THE CONGRESS § 632 1 So in original. Probably should not be capitalized. the balances of the Federal retirement trust funds; (7) set forth procedures in the Senate where- by 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 adop- tion 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 pri- mary 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 reso- lution on the budget which includes any proce- dure 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 re- port 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, or at such time as may be requested by the Com- mittee on the Budget, each committee of the House of Representatives having legislative ju- risdiction shall submit to the Committee on the Budget of the House and each committee of the Senate having legislative jurisdiction shall sub- mit to the Committee on the Budget of the Sen- ate 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 appro- priate to the goals of the Employment Act of 1946 [15 U.S.C. 1021 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 Con- gress may submit to the Committees on the Budget of both Houses, its views and estimates with respect to all matters set forth in sub- sections (a) and (b) which relate to matters within its jurisdiction or functions. Any Com- mittee 1 of the House of Representatives or the Senate that anticipates that the committee will consider any proposed legislation establishing, amending, or reauthorizing any Federal pro- gram likely to have a significant budgetary im- pact 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 im- pact, 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 re- ceive testimony from Members of Congress and such appropriate representatives of Fed- eral departments and agencies, the general public, and national organizations as the com- mittee deems desirable. Each of the rec- ommendations as to short-term and medium- term goals set forth in the report submitted by the members of the Joint Economic Com- mittee under subsection (d) may be considered by the Committee on the Budget of each House as part of its consideration of such con- current 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 con- current 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 reve- nues, and the surplus or deficit for each fis- cal 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 esti- mates divided between discretionary and mandatory amounts; (C) the economic assumptions that under- lie each of the matters set forth in the reso- lution and any alternative economic as- sumptions and objectives the committee considered; (D) information, data, and comparisons in- dicating 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 expendi- tures (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. (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 in- Page 180 TITLE 2—THE CONGRESS § 632 vestment 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 divi- sion 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 unemploy- ment (1) If, pursuant to section 4(c) of the Employ- ment Act of 1946 [15 U.S.C. 1022a(c)], the Presi- dent 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)] 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 fis- cal 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 opin- ion 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)] can be achieved, if, pur- suant to section 4(e) of such Act [15 U.S.C. 1022a(e)], the President recommends in the Eco- nomic 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 concur- rent resolution on the budget for the fiscal year beginning after the date on which such Eco- nomic 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), 1022a(b)]) which such amend- ment proposes can be achieved by the year spec- ified in such amendment. (g) Economic assumptions (1) It shall not be in order in the Senate to consider any concurrent resolution on the budg- et 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 tech- nical assumptions. (2) The joint explanatory statement accom- panying a conference report on a concurrent res- olution on the budget shall set forth the com- mon 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 disagree- ment, is based. (3) Subject to periodic reestimation based on changed economic conditions or technical esti- mates, determinations under titles III and IV of the Congressional Budget Act of 1974 [2 U.S.C. 631 et seq., 651 et seq.] shall be based upon such common economic and technical assumptions. (h) Budget Committee’s consultation with com- mittees The Committee on the Budget of the House of Representatives shall consult with the commit- tees of its House having legislative jurisdiction during the preparation, consideration, and en- forcement of the concurrent resolution on the budget with respect to all matters which relate to the jurisdiction or functions of such commit- tees. (i) Social security point of order It shall not be in order in the Senate to con- sider 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 et seq.] shall be treated as affecting the amount of social security revenues unless such provision changes the income tax treatment of social se- curity benefits. (Pub. L. 93–344, title III, § 301, July 12, 1974, 88 Stat. 306; Pub. L. 95–523, title III, §§ 303(a), 304, Oct. 27, 1978, 92 Stat. 1905, 1906; Pub. L. 99–177, title II, § 201(b), Dec. 12, 1985, 99 Stat. 1040; Pub. L. 100–119, title I, § 106(d), title II, § 208(a), Sept. 29, 1987, 101 Stat. 781, 786; Pub. L. 100–418, title V, § 5302, Aug. 23, 1988, 102 Stat. 1462; Pub. L. 101–508, title XIII, §§ 13112(a)(5), 13203, 13204, 13301(b), 13303(a), (b), Nov. 5, 1990, 104 Stat. 1388–608, 1388–615, 1388–616, 1388–623, 1388–625; Pub. L. 104–4, title I, § 102(2), Mar. 22, 1995, 109 Stat. 62; Pub. L. 105–33, title X, § 10105(a)–(f)(1), Aug. 5, 1997, 111 Stat. 679, 680; Pub. L. 113–67, div. A, title I, § 122(1), (2), Dec. 26, 2013, 127 Stat. 1175.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the So- cial Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Internal Revenue Code of 1986, referred to in sub- secs. (a) and (i), is classified generally to Title 26, Inter- nal Revenue Code. This Act, referred to in subsec. (b)(4), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Congres- sional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A and 17B, and section 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended sections 11, 665, 701, 1020, 1151, 1152, 1153 and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31 and sections 66 and 81 of this title, and enacted provisions set out as notes under sec- tions 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For com- plete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Ta- bles. The Employment Act of 1946, referred to in subsec. (d), is act Feb. 20, 1946, ch. 33, 60 Stat. 23, which is clas- Page 181 TITLE 2—THE CONGRESS § 632 sified generally to chapter 21 (§ 1021 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1021 of Title 15 and Tables. The Congressional Budget Act of 1974, referred to in subsec. (g)(3), is titles I through IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Titles III and IV of the Act are classified generally to this subchapter (§ 631 et seq.) and subchapter II (§ 651 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables. CODIFICATION Section was formerly classified to section 1322 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 2013—Subsec. (a). Pub. L. 113–67, § 122(2), substituted ‘‘old-age’’ for ‘‘old age’’ in concluding provisions. Subsec. (a)(6), (7). Pub. L. 113–67, § 122(1), substituted ‘‘for purposes’’ for ‘‘For purposes’’. 1997—Subsec. (a). Pub. L. 105–33, § 10105(a), in intro- ductory provisions, substituted ‘‘and for at least each of the 4 ensuing fiscal years’’ for ‘‘, and planning levels for each of the two ensuing fiscal years,’’. Subsec. (a)(1), (4). Pub. L. 105–33, § 10105(b), sub- stituted ‘‘and outlays’’ for ‘‘, budget outlays, direct loan obligations, and primary loan guarantee commit- ments’’. Subsec. (b)(7). Pub. L. 105–33, § 10105(c)(1), added par. (7) and struck out former par. (7) which related to set- ting forth pay-as-you-go procedures for the Senate. Subsec. (b)(9). Pub. L. 105–33, § 10105(c)(2), (3), added par. (9). Subsec. (d). Pub. L. 105–33, § 10105(d), in first sentence, inserted ‘‘or at such time as may be requested by the Committee on the Budget,’’ after ‘‘title 31,’’. Subsec. (e). Pub. L. 105–33, § 10105(e), designated exist- ing provisions as par. (1), inserted par. heading, added pars. (2) and (3), and struck out former last sentence consisting of pars. (1) to (9) which contained require- ments for contents of report to accompany the concur- rent resolution on the budget. Subsec. (i). Pub. L. 105–33, § 10105(f)(1), inserted head- ing and substituted ‘‘(or amendment, motion, or con- ference report on the resolution)’’ for ‘‘as reported to the Senate’’. 1995—Subsec. (d). Pub. L. 104–4 inserted at end ‘‘Any Committee of the House of Representatives or the Sen- ate that anticipates that the committee will consider any proposed legislation establishing, amending, or re- authorizing any Federal program likely to have a sig- nificant 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 in- clude its views and estimates on that proposal to the Committee on the Budget of the applicable House.’’ 1990—Subsec. (a). Pub. L. 101–508, § 13301(b), inserted at end: ‘‘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 provi- sions of the Internal Revenue Code of 1986 in the sur- plus or deficit totals required by this subsection or in any other surplus or deficit totals required by this sub- chapter.’’ Subsec. (a)(6), (7). Pub. L. 101–508, § 13303(a), added pars. (6) and (7). Subsec. (b)(5), (6). Pub. L. 101–508, § 13203, added pars. (5) and (6). Subsec. (b)(7), (8). Pub. L. 101–508, § 13204, added pars. (7) and (8). Subsec. (d). Pub. L. 101–508, § 13112(a)(5), substituted ‘‘Within 6 weeks after the President submits a budget under section 1105(a) of title 31’’ for ‘‘On or before Feb- ruary 25 of each year’’. Subsec. (i). Pub. L. 101–508, § 13303(b), amended subsec. (i) generally, substituting present provisions for former provisions relating to maximum deficit amounts. 1988—Subsec. (e)(10). Pub. L. 100–418 temporarily added par. (10). See Effective and Termination Dates of 1988 Amendment note below. 1987—Subsec. (g). Pub. L. 100–119, § 208(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: ‘‘The joint explanatory statement ac- companying a conference report on a concurrent reso- lution on the budget shall set forth the common eco- nomic assumptions upon which such joint statement and conference report are based, or upon which any amendment contained in the joint explanatory state- ment to be proposed by the conferees in the case of technical disagreement is based.’’ Subsec. (i)(2). Pub. L. 100–119, § 106(d), designated ex- isting provisions as subpar. (A) and added subpars. (B) and (C). 1985—Pub. L. 99–177 substituted ‘‘Adoption of concur- rent resolution on the budget’’ for ‘‘Adoption of first concurrent resolution’’ in section catchline. Subsec. (a). Pub. L. 99–177 amended subsec. (a) gen- erally, substituting provisions relating to content of concurrent resolution on the budget, for provisions re- lating to action required to be completed by May 15 of each year. Subsec. (b). Pub. L. 99–177 amended subsec. (b) gen- erally, inserting provisions relating to achievement of goals for reducing unemployment and provisions relat- ing to reconciliation directives described in section 641 of this title. Subsec. (c). Pub. L. 99–177 amended subsec. (c) gen- erally, substituting provisions relating to consider- ation of procedures or matters which have the effect of changing any rule of the House of Representatives, for provisions relating to submission on or before March 15 of each year of the views and estimates of other com- mittees. Subsec. (d). Pub. L. 99–177 amended subsec. (d) gen- erally, substituting provisions relating to views and es- timates of other committees, for provisions relating to hearings and report in developing the first concurrent resolution on the budget. Subsec. (e). Pub. L. 99–177 amended subsec. (e) gen- erally, substituting provisions relating to hearings and report in developing the concurrent resolution on the budget, for provisions relating to achievement of goals for reducing unemployment. Subsecs. (f) to (i). Pub. L. 99–177, §§ 201(b), 275(b)(2)(B), in amending section generally, added subsecs. (f) to (i). 1978—Subsec. (a)(6), (7). Pub. L. 95–523, § 304(a), added par. (6) and redesignated former par. (6) as (7). Subsec. (d). Pub. L. 95–523, § 303(a), which directed in- sertion in subsec. (c) provisions relating to consider- ation by the Committee on the Budget of each House respecting short-term and medium-term goals set forth in the Joint Economic Committee report and the re- flection of its views in its report and insertion of ‘‘also’’ after ‘‘concurrent resolution shall’’ was exe- cuted to subsec. (d) to reflect the probable intent of Congress. Subsec. (e). Pub. L. 95–523, § 304(b), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104–4 effective Jan. 1, 1996, or on the date 90 days after appropriations are made avail- able as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation con- sidered on and after such date, see section 110 of Pub. L. 104–4, set out as an Effective Date note under section 1511 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–508, title XIII, § 13306, Nov. 5, 1990, 104 Stat. 1388–628, provided that: ‘‘Sections 13301, 13302, and Page 182 TITLE 2—THE CONGRESS § 632 13303 and any amendments made by such sections [amending this section and sections 633 and 642 of this title and enacting provisions set out as notes under this section] shall apply with respect to fiscal years be- ginning on or after October 1, 1990. Section 13304 [amending section 401 of Title 42, The Public Health and Welfare] shall be effective for annual reports of the Board of Trustees issued in or after calendar year 1991.’’ EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT Amendment by Pub. L. 100–418 effective for fiscal years 1989, 1990, 1991, and 1992, see section 5303 of Pub. L. 100–418, set out as a note under section 1105 of Title 31, Money and Finance. 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. EXCLUSION OF SOCIAL SECURITY FROM ALL BUDGETS Pub. L. 101–508, title XIII, § 13301(a), Nov. 5, 1990, 104 Stat. 1388–623, provided that: ‘‘Notwithstanding any other provision of law, the receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of— ‘‘(1) the budget of the United States Government as submitted by the President, ‘‘(2) the congressional budget, or ‘‘(3) the Balanced Budget and Emergency Deficit Control Act of 1985 [see Short Title note set out under section 900 of this title].’’ PROTECTION OF OASDI TRUST FUNDS IN HOUSE OF REPRESENTATIVES Pub. L. 101–508, title XIII, § 13302, Nov. 5, 1990, 104 Stat. 1388–623, provided that: ‘‘(a) IN GENERAL.—It shall not be in order in the House of Representatives to consider any bill or joint resolution, as reported, or any amendment thereto or conference report thereon, if, upon enactment— ‘‘(1)(A) such legislation under consideration would provide for a net increase in OASDI benefits of at least 0.02 percent of the present value of future tax- able payroll for the 75-year period utilized in the most recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security Act [42 U.S.C. 401(c)(2)], and (B) such legisla- tion under consideration does not provide at least a net increase, for such 75-year period, in OASDI taxes of the amount by which the net increase in such ben- efits exceeds 0.02 percent of the present value of fu- ture taxable payroll for such 75-year period, ‘‘(2)(A) such legislation under consideration would provide for a net increase in OASDI benefits (for the 5-year estimating period for such legislation under consideration), (B) such net increase, together with the net increases in OASDI benefits resulting from previous legislation enacted during that fiscal year or any of the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consider- ation, exceeds $250,000,000, and (C) such legislation under consideration does not provide at least a net increase, for the 5-year estimating period for such legislation under consideration, in OASDI taxes which, together with net increases in OASDI taxes re- sulting from such previous legislation which are at- tributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, equals the amount by which the net increase derived under subparagraph (B) exceeds $250,000,000; ‘‘(3)(A) such legislation under consideration would provide for a net decrease in OASDI taxes of at least 0.02 percent of the present value of future taxable payroll for the 75-year period utilized in the most re- cent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security Act, and (B) such legislation under consideration does not provide at least a net decrease, for such 75-year period, in OASDI benefits of the amount by which the net decrease in such taxes exceeds 0.02 percent of the present value of future taxable payroll for such 75- year period, or ‘‘(4)(A) such legislation under consideration would provide for a net decrease in OASDI taxes (for the 5- year estimating period for such legislation under con- sideration), (B) such net decrease, together with the net decreases in OASDI taxes resulting from previous legislation enacted during that fiscal year or any of the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those por- tions of the 5-year estimating periods for such pre- vious legislation that fall within the 5-year esti- mating period for such legislation under consider- ation, exceeds $250,000,000, and (C) such legislation under consideration does not provide at least a net decrease, for the 5-year estimating period for such legislation under consideration, in OASDI benefits which, together with net decreases in OASDI benefits resulting from such previous legislation which are at- tributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, equals the amount by which the net decrease derived under subparagraph (B) exceeds $250,000,000. ‘‘(b) APPLICATION.—In applying paragraph (3) or (4) of subsection (a), any provision of any bill or joint resolu- tion, as reported, or any amendment thereto, or con- ference report thereon, the effect of which is to provide for a net decrease for any period in taxes described in subsection (c)(2)(A) shall be disregarded if such bill, joint resolution, amendment, or conference report also includes a provision the effect of which is to provide for a net increase of at least an equivalent amount for such period in medicare taxes. ‘‘(c) DEFINITIONS.—For purposes of this subsection: ‘‘(1) The term ‘OASDI benefits’ means the benefits under the old-age, survivors, and disability insurance programs under title II of the Social Security Act [42 U.S.C. 401 et seq.]. ‘‘(2) The term ‘OASDI taxes’ means— ‘‘(A) the taxes imposed under sections 1401(a), 3101(a), and 3111(a) of the Internal Revenue Code of 1986 [26 U.S.C. 1401(a), 3101(a), 3111(a)], and ‘‘(B) the taxes imposed under chapter 1 of such Code [26 U.S.C. 1 et seq.] (to the extent attributable to section 86 of such Code [26 U.S.C. 86]). ‘‘(3) The term ‘medicare taxes’ means the taxes im- posed under sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue Code of 1986. ‘‘(4) The term ‘previous legislation’ shall not in- clude legislation enacted before fiscal year 1991. ‘‘(5) The term ‘5-year estimating period’ means, with respect to any legislation, the fiscal year in which such legislation becomes or would become ef- fective and the next 4 fiscal years. ‘‘(6) No provision of any bill or resolution, or any amendment thereto or conference report thereon, in- volving a change in chapter 1 of the Internal Revenue Code of 1986 shall be treated as affecting the amount of OASDI taxes referred to in paragraph (2)(B) unless Page 183 TITLE 2—THE CONGRESS § 633 such provision changes the income tax treatment of OASDI benefits.’’ BALANCED FEDERAL BUDGETS; CONGRESSIONAL BUDGET COMMITTEE REPORTS BY APRIL 15, 1979, 1980, AND 1981, OF BALANCED FISCAL YEAR BUDGETS FOR 1981 AND 1982 Pub. L. 96–5, § 5, Apr. 2, 1979, 93 Stat. 8, which provided that Congress shall balance the Federal budget, that the Budget Committees were to report, by April 15, 1979, a fiscal year budget for 1981 that would be in bal- ance, and also a fiscal year budget for 1982 that would be in balance, and by April 15, 1980, a fiscal year budget for 1981 that would be in balance, and by April 15, 1981, a fiscal year budget for 1982 that would be in balance, and that the Budget Committees were to show the con- sequences of each budget on each budget function and on the economy, setting forth the effects on revenues, spending, employment, inflation, and national secu- rity, was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068. APPLICATION OF CONGRESSIONAL BUDGET PROCESS TO FISCAL YEAR BEGINNING JULY 1, 1975 Pub. L. 93–344, title IX, § 906, July 12, 1974, 88 Stat. 332, provided for application of provisions of this sub- chapter and sections 602(f), 651, and 652 of this title with respect to the fiscal year beginning July 1, 1975, to the extent agreed to by the Committees on the Budget of the House of Representatives and the Senate, prior to repeal by Pub. L. 105–33, title X, § 10120(a), Aug. 5, 1997, 111 Stat. 696. § 633. Committee allocations (a) Committee spending allocations (1) Allocation among committees The joint explanatory statement accom- panying a conference report on a concurrent resolution on the budget shall include an allo- cation, consistent with the resolution rec- ommended in the conference report, of the lev- els 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 (ex- cept in the case of the Committee on Appro- priations only for the fiscal year of that reso- lution) of— (A) total new budget authority; and (B) total outlays; among each committee of the House of Rep- resentatives or the Senate that has jurisdic- tion 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 allo- cated 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 fur- ther divided among the categories specified in section 900(c)(4) of this title and shall not exceed the limits for each category set forth in section 901(c) of this title. (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 re- quired. The amounts allocated to the Com- mittee on Appropriations shall be further di- vided— (i) between discretionary and mandatory amounts or programs, as appropriate; and (ii) consistent with the categories speci- fied in section 900(c)(4) of this title. (4) Amounts not allocated In the House of Representatives or the Sen- ate, if a committee receives no allocation of new budget authority or outlays, that com- mittee shall be deemed to have received an al- location equal to zero for new budget author- ity or outlays. (5) Adjusting allocation of discretionary spend- ing 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 Rep- resentatives shall submit to the House, as soon as practicable, an allocation under para- graph (1) to the Committee on Appropriations consistent with the discretionary spending levels in the most recently agreed to concur- rent resolution on the budget for the appro- priate fiscal year covered by that resolution. (B) As soon as practicable after an alloca- tion under paragraph (1) is submitted under this section, the Committee on Appropriations shall make suballocations and report those suballocations to the House of Representa- tives. (b) Suballocations by Appropriations Committees As soon as practicable after a concurrent reso- lution on the budget is agreed to, the Com- mittee on Appropriations of each House (after consulting with the Committee on Appropria- tions 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 re- port to its House suballocations made or revised under this subsection. The Committee on Appro- priations of the House of Representatives shall further divide among its subcommittees the di- visions 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 con- sider any bill, joint resolution, amendment, mo- tion, or conference report within the jurisdic- tion of that committee providing new budget au- thority for that fiscal year, until that com- mittee 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, the allocations under subsection (a) and the subdivi- sions under subsection (b) shall be required only to the extent necessary to take into account re- visions made in the most recently agreed to con- current resolution on the budget.