2 U.S.C. § 643 — Determinations and points of order

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 Page 197 TITLE 2—THE CONGRESS § 644 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 fis- cal year set forth in that concurrent resolu- tion 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, speci- fied in the Balanced Budget and Emergency Def- icit 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 amend- ment or motion, the adoption of which would remedy the violation of this Act, is pending be- fore the Senate. (e) Points of order in Senate against amend- ments between Houses Each provision of this Act that establishes a point of order against an amendment also estab- lishes 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 ju- risdiction for further consideration. (Pub. L. 93–344, title III, § 312, as added Pub. L. 101–508, title XIII, § 13207(b)(1), Nov. 5, 1990, 104 Stat. 1388–618; amended Pub. L. 105–33, title X, § 10113(a), Aug. 5, 1997, 111 Stat. 687.) Editorial Notes REFERENCES IN TEXT The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (c), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of this title, amended sections 602, 622, 631 to 642, and 651 to 653 of this title, sections 1104 to 1106 and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of this title, enacted provisions set out as notes under section 900 of this title and section 911 of Title 42, and amended provisions set out as a note under section 621 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 900 of this title and Tables. This Act, referred to in subsecs. (d) to (f), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Con- gressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A, and 17B and sec- tion 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended sec- tions 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, and 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 sections 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. AMENDMENTS 1997—Pub. L. 105–33 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) and (b) and provided that each provision of this Act that established point of order against an amendment also established point of order in Senate against an amendment between Houses and prescribed effect of sustaining point of order against an amend- ment or bill under this Act. § 644. Extraneous matter in reconciliation legisla- tion (a) In general When the Senate is considering a reconcili- ation bill or a reconciliation resolution pursu- ant to section 641 of this title (whether that bill or resolution originated in the Senate or the House) or section 907d of this title, upon a point of order being made by any Senator against ma- terial extraneous to the instructions to a com- mittee which is contained in any title or provi- sion of the bill or resolution or offered as an amendment to the bill or resolution, and the point of order is sustained by the Chair, any part of said title or provision that contains ma- terial extraneous to the instructions to said Committee as defined in subsection (b) shall be deemed stricken from the bill and may not be offered as an amendment from the floor. (b) Extraneous provisions (1)(A) Except as provided in paragraph (2), a provision of a reconciliation bill or reconcili- ation resolution considered pursuant to section 641 of this title shall be considered extraneous if such provision does not produce a change in out- lays or revenues, including changes in outlays and revenues brought about by changes in the terms and conditions under which outlays are made or revenues are required to be collected (but a provision in which outlay decreases or revenue increases exactly offset outlay increases or revenue decreases shall not be considered ex- traneous by virtue of this subparagraph); (B) any provision producing an increase in outlays or decrease in revenues shall be considered ex- traneous if the net effect of provisions reported by the committee reporting the title containing the provision is that the committee fails to achieve its reconciliation instructions; (C) a pro- vision that is not in the jurisdiction of the com- mittee with jurisdiction over said title or provi- sion shall be considered extraneous; (D) a provi- sion shall be considered extraneous if it pro- duces changes in outlays or revenues which are merely incidental to the non-budgetary compo- nents of the provision; (E) a provision shall be considered to be extraneous if it increases, or would increase, net outlays, or if it decreases, or would decrease, revenues during a fiscal year after the fiscal years covered by such reconcili- ation bill or reconciliation resolution, and such increases or decreases are greater than outlay reductions or revenue increases resulting from other provisions in such title in such year; and