2 U.S.C. § 653 — Analysis by Congressional Budget Office

Page 203 TITLE 2—THE CONGRESS § 653 lows: ‘‘It shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference re- port, as reported to its House, which provides new spending authority described in subsection (c)(2)(C) of this section which is to become effective before the first day of the fiscal year which begins during the cal- endar year in which such bill or resolution is reported.’’ Subsec. (b)(2). Pub. L. 105–33, § 10116(a)(2)(C), sub- stituted ‘‘new entitlement authority’’ for ‘‘new spend- ing authority described in subsection (c)(2)(C) of this section’’ and ‘‘of the Senate or may then be referred to the Committee on Appropriations of the House, as the case may be,’’ for ‘‘of that House’’. Subsec. (c). Pub. L. 105–33, § 10116(a)(5), redesignated subsec. (d) as (c). Pub. L. 105–33, § 10116(a)(3), struck out subsec. (c) which defined terms ‘‘new spending authority’’ and ‘‘spending authority’’. Subsec. (d). Pub. L. 105–33, § 10116(a)(5), redesignated subsec. (d) as (c). Subsec. (d)(1). Pub. L. 105–33, § 10116(a)(4)(A), which di- rected substitution of ‘‘new authority described in those subsections if outlays from that new authority will flow’’ for ‘‘new spending authority if the budget authority for outlays which result from such new spending authority is derived’’, was executed by mak- ing the substitution for ‘‘new spending authority if the budget authority for outlays which will result from such new spending authority is derived’’ in introduc- tory provisions to reflect the probable intent of Con- gress. Subsec. (d)(2), (3). Pub. L. 105–33, § 10116(a)(4)(B), (C), redesignated par. (3) as (2), substituted ‘‘new authority described in those subsections’’ for ‘‘new spending au- thority’’ in introductory provisions, and struck out former par. (2) which read as follows: ‘‘Subsections (a) and (b) of this section shall not apply to new spending authority which is an amendment to or extension of chapter 67 of title 31, or a continuation of the program of fiscal assistance to State and local governments pro- vided by that chapter, to the extent so provided in the bill or resolution providing such authority.’’ 1990—Subsec. (a). Pub. L. 101–508, § 13207(a)(1)(F), sub- stituted ‘‘bill, joint resolution, amendment, motion, or conference report’’ for ‘‘bill, resolution, or conference report’’ and struck out ‘‘(or any amendment which pro- vides such new spending authority)’’ after ‘‘subsection (c)(2)(A) or (B) of this section’’. Subsec. (b)(1). Pub. L. 101–508, § 13207(a)(1)(G), sub- stituted ‘‘bill, joint resolution, amendment, motion, or conference report, as reported to its House’’ for ‘‘bill or resolution’’ and struck out ‘‘(or any amendment which provides such new spending authority)’’ after ‘‘sub- section (c)(2)(C) of this section’’. 1986—Subsec. (d)(1)(B). Pub. L. 99–514 substituted ‘‘In- ternal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. 1985—Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, inserting provisions relating to applicability to conference reports. Subsec. (b). Pub. L. 99–177, in amending section gen- erally, reenacted subsec. (b) without change. Subsec. (c). Pub. L. 99–177, in amending subsec. (c) generally, added pars. (2)(D) and (E). Subsec. (d). Pub. L. 99–177, in amending subsec. (d) generally, reenacted pars. (1) and (2) without change, and inserted reference to December 12, 1985, in par. (3). 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. EFFECTIVE DATE Pub. L. 93–344, title IX, § 905(c), July 12, 1974, 88 Stat. 331 (formerly set out as a note under section 621 of this title), provided that except as provided in section 906 of Pub. L. 93–344 (formerly set out as a note under section 632 of this title) this section shall take effect on the first day of the second regular session of the Ninety- fourth Congress. § 652. Repealed. Pub. L. 105–33, title X, § 10116(b), Aug. 5, 1997, 111 Stat. 692 Section, Pub. L. 93–344, title IV, § 402, July 12, 1974, 88 Stat. 318; Pub. L. 99–177, title II, § 212, Dec. 12, 1985, 99 Stat. 1058; Pub. L. 101–508, title XIII, § 13207(a)(1)(H), Nov. 5, 1990, 104 Stat. 1388–618, related to legislation providing new credit authority. § 653. Analysis by Congressional Budget Office The Director of the Congressional Budget Of- fice shall, to the extent practicable, prepare for each bill or resolution of a public character re- ported by any committee of the House of Rep- resentatives or the Senate (except the Com- mittee on Appropriations of each House), and submit to such committee— (1) an estimate of the costs which would be incurred in carrying out such bill or resolution in the fiscal year in which it is to become ef- fective and in each of the 4 fiscal years fol- lowing such fiscal year, together with the basis for each such estimate; (2) a comparison of the estimates of costs de- scribed in paragraph (1) with any available es- timates of costs made by such committee or by any Federal agency; and (3) a description of each method for estab- lishing a Federal financial commitment con- tained in such bill or resolution. The estimates, comparison, and description so submitted shall be included in the report accom- panying such bill or resolution if timely sub- mitted to such committee before such report is filed. (Pub. L. 93–344, title IV, § 402, formerly § 403, July 12, 1974, 88 Stat. 320; Pub. L. 97–108, § 2(a), Dec. 23, 1981, 95 Stat. 1510; Pub. L. 99–177, title II, § 213, Dec. 12, 1985, 99 Stat. 1059; Pub. L. 104–4, title I, § 104, Mar. 22, 1995, 109 Stat. 62; renumbered § 402, Pub. L. 105–33, title X, § 10116(c)(1), Aug. 5, 1997, 111 Stat. 692.) Editorial Notes CODIFICATION Section was formerly classified to section 1353 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. PRIOR PROVISIONS A prior section 402 of Pub. L. 93–344 was classified to section 652 of this title prior to repeal by Pub. L. 105–33. AMENDMENTS 1995—Subsec. (a). Pub. L. 104–4, § 104(2), struck out subsection designation. Subsec. (a)(2). Pub. L. 104–4, § 104(1)(A), (C), redesig- nated par. (3) as (2) and struck out former par. (2), which read as follows: ‘‘an estimate of the cost which would be incurred by State and local governments in carrying out or complying with any significant bill or resolution in the fiscal year in which it is to become ef- Page 204 TITLE 2—THE CONGRESS § 654 fective and in each of the four fiscal years following such fiscal year, together with the basis for each such estimate;’’. Subsec. (a)(3). Pub. L. 104–4, § 104(1)(C), redesignated par. (4) as (3). Former par. (3) redesignated (2). Pub. L. 104–4, § 104(1)(B), which directed the substi- tution of ‘‘paragraph (1)’’ for ‘‘paragraphs (1) and (2)’’, was executed by making the substitution for ‘‘para- graph (1) and (2)’’ to reflect the probable intent of Con- gress. Subsec. (a)(4). Pub. L. 104–4, § 104(1)(C), redesignated par. (4) as (3). Subsecs. (b), (c). Pub. L. 104–4, § 104(3), struck out sub- secs. (b) and (c) which read as follows: ‘‘(b) For purposes of subsection (a)(2) of this section, the term ‘local government’ has the same meaning as in section 6501 of title 31. ‘‘(c) For purposes of subsection (a)(2) of this section, the term ‘significant bill or resolution’ is defined as any bill or resolution which in the judgment of the Di- rector of the Congressional Budget Office is likely to result in an annual cost to State and local governments of $200,000,000 or more, or is likely to have exceptional fiscal consequences for a geographic region or a par- ticular level of government.’’ 1985—Subsec. (a). Pub. L. 99–177 added par. (4) and substituted ‘‘estimates, comparison, and description’’ for ‘‘estimates and comparison’’ in last sentence. 1981—Subsec. (a). Pub. L. 97–108, § 2(a)(1)–(6), des- ignated existing provisions as subsec. (a), added par. (2), redesignated former par. (2) as (3), in par. (3) as so re- designated, substituted ‘‘estimates’’ for ‘‘estimate’’ in two places, and substituted reference to pars. (1) and (2) for reference to par. (1), and in provision following par. (3) substituted ‘‘estimates’’ for ‘‘estimate’’. Subsecs. (b) and (c). Pub. L. 97–108, § 2(a)(7), added subsecs. (b) and (c). 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 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. EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–108, § 2(b), Dec. 23, 1981, 95 Stat. 1511, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to bills or resolutions reported by committees of the House of Representatives and the Senate after September 30, 1982.’’ EFFECTIVE DATE Amendment by Pub. L. 93–344 effective on day on which first Director of Congressional Budget Office is appointed under section 601(a) of this title, see section 905(b) of Pub. L. 93–344, formerly set out as an Effective Date note under section 621 of this title. AUTHORIZATION OF APPROPRIATIONS Pub. L. 97–108, § 3, Dec. 23, 1981, 95 Stat. 1511, provided that: ‘‘There are authorized to be appropriated such sums as may be necessary to carry out this Act [amending this section and enacting provisions set out as notes under this section and section 621 of this title].’’ EXPIRATION OF AUTHORIZATION Pub. L. 97–108, § 4, Dec. 23, 1981, 95 Stat. 1511, which provided for expiration on Sept. 30, 1987, of authoriza- tion granted under Pub. L. 97–108, which amended this section and enacted provisions set out as notes under sections 621 and 653 of this title, was repealed by Pub. L. 100–119, title II, § 204, Sept. 29, 1987, 101 Stat. 784. § 654. Study by Government Accountability Of- fice of forms of Federal financial commit- ment not reviewed annually by Congress The Government Accountability Office shall study those provisions of law which provide mandatory spending and report to the Congress its recommendations for the appropriate form of financing for activities or programs financed by such provisions not later than eighteen months after December 12, 1985. Such report shall be re- vised from time to time. (Pub. L. 93–344, title IV, § 404, formerly § 405, as added Pub. L. 99–177, title II, § 214, Dec. 12, 1985, 99 Stat. 1059; renumbered § 404 and amended Pub. L. 105–33, title X, § 10116(c)(1), (2), Aug. 5, 1997, 111 Stat. 692; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes PRIOR PROVISIONS A prior section 404 of Pub. L. 93–344, which is not clas- sified to the Code, was renumbered section 403 by Pub. L. 105–33, title X, § 10116(c)(1), Aug. 5, 1997, 111 Stat. 692. AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’ in section catchline and text. 1997—Pub. L. 105–33, § 10116(c)(2), substituted ‘‘manda- tory spending’’ for ‘‘spending authority as described by section 651(c)(2) of this title and which provide perma- nent appropriations,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 12, 1985, and applicable with re- spect 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 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. § 655. Off-budget agencies, programs, and activi- ties (a) Notwithstanding any other provision of law, budget authority, credit authority, and es- timates of outlays and receipts for activities of the Federal budget which are off-budget imme- diately prior to December 12, 1985, not including activities of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, shall be included in a budget sub- mitted pursuant to section 1105 of title 31 and in a concurrent resolution on the budget reported pursuant to section 632 or section 635 of this title and shall be considered, for purposes of this Act, budget authority, outlays, and spending au- thority in accordance with definitions set forth in this Act. (b) All receipts and disbursements of the Fed- eral Financing Bank with respect to any obliga-