2 U.S.C. § 633 — Committee allocations

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on the economy, setting forth the effects on revenues, spending, employment, inflation, and national secu- rity, was repealed by Pub.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. Page 184 TITLE 2—THE CONGRESS § 633 (e) Alteration of allocations At any time after a committee reports the al- locations 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 ac- tions 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 fis- cal year, it shall not be in order in the House of Representatives to consider any bill, joint resolution, or amendment providing new budg- et authority for any fiscal year, or any con- ference report on any such bill or joint resolu- tion, if— (A) the enactment of such bill or resolu- tion as reported; (B) the adoption and enactment of such amendment; or (C) the enactment of such bill or resolu- tion in the form recommended in such con- ference 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 Sen- ate 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 appli- cable allocation of new budget authority or outlays under subsection (a) for the first fis- cal year or the total of fiscal years to be ex- ceeded; or (B) in the case of the Committee on Appro- priations, the applicable suballocation of new budget authority or outlays under sub- section (b) to be exceeded. (g) Pay-as-you-go exception in the House (1) In general (A) Subsection (f)(1) and, after April 15, sec- tion 634(a) of this title shall not apply to any bill or joint resolution, as reported, amend- ment thereto, or conference report thereon if, for each fiscal year covered by the most re- cently 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 resolu- tion in the form recommended in that con- ference report, would not increase the deficit, and, if the sum of any revenue increases provided in legisla- tion already enacted during the current ses- sion (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, if included in that concurrent resolution. (B) Section 642(a) of this title, as that sec- tion 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 resolu- tion in the form recommended in that con- ference report, would not increase the deficit, and, if the sum of any outlay reductions provided in legisla- tion already enacted during the current ses- sion (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, if included in that con- current 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 but for the exception provided in para- graph (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 re- flect that bill. (B) Such revised allocations, functional lev- els, and budget aggregates shall be considered for the purposes of this Act as allocations, functional levels, and budget aggregates con- tained in the most recently agreed to concur- rent resolution on the budget. (Pub. L. 93–344, title III, § 302, July 12, 1974, 88 Stat. 308; Pub. L. 99–177, title II, § 201(b), Dec. 12, 1985, 99 Stat. 1044; Pub. L. 101–508, title XIII, §§ 13112(a)(6), (7), 13201(b)(2), (3), 13207(a)(1)(A), (B), (2), 13303(c), Nov. 5, 1990, 104 Stat. 1388–608, 1388–614, 1388–617, 1388–618, 1388–625; Pub. L. 105–33, title X, § 10106, Aug. 5, 1997, 111 Stat. 680; Pub. L. 113–67, div. A, title I, § 122(3), Dec. 26, 2013, 127 Stat. 1175.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (g)(2)(B), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Con- Page 185 TITLE 2—THE CONGRESS § 633 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. CODIFICATION Section was formerly classified to section 1323 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. (g)(2)(A). Pub. L. 113–67 substituted ‘‘Committee on the Budget’’ for ‘‘committee on the Budget’’. 1997—Subsec. (a). Pub. L. 105–33, § 10106(a), added sub- sec. (a) and struck out former subsec. (a) which re- quired inclusion of certain allocations to committees of the House of Representatives and of the Senate in the joint explanatory statement accompanying a con- ference report on a concurrent resolution on the budg- et. Subsec. (b). Pub. L. 105–33, § 10106(a), added subsec. (b) and struck out former subsec. (b) which required com- mittees of each House to subdivide among their sub- committees the allocations of budget outlays and new budget authority allocated to them in joint explana- tory statement accompanying conference report on concurrent resolution on budget and required further subdivisions of such allocations by subcommittees. Subsec. (c). Pub. L. 105–33, § 10106(b), reenacted head- ing without change and amended text generally. Prior to amendment, text read as follows: ‘‘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, providing— ‘‘(1) new budget authority for a fiscal year; or ‘‘(2) new spending authority as described in section 651(c)(2) of this title for a fiscal year; within the jurisdiction of any committee which has re- ceived an appropriate allocation of such authority pur- suant to subsection (a) of this section for such fiscal year, unless and until such committee makes the allo- cation or subdivisions required by subsection (b) of this section, in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year.’’ Subsec. (f)(1). Pub. L. 105–33, § 10106(c)(1), substituted ‘‘providing new budget authority for any fiscal year’’ for ‘‘providing new budget authority for such fiscal year or new entitlement authority effective during such fiscal year’’ in introductory provisions and ‘‘appli- cable 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.’’ for ‘‘appropriate alloca- tion made pursuant to subsection (b) of this section for such fiscal year of new discretionary budget authority or new entitlement authority to be exceeded.’’ in con- cluding provisions. Subsec. (f)(2). Pub. L. 105–33, § 10106(c)(2), reenacted heading without change and amended text generally. Prior to amendment, text provided that consideration in the Senate was not in order for certain bills, joint resolutions, amendments, motions, or conference re- ports that provided for budget outlays, new budget au- thority, or new spending authority in excess of certain allocations. Subsec. (g). Pub. L. 105–33, § 10106(d), amended heading and text of subsec. (g) generally. Prior to amendment, text read as follows: ‘‘For purposes of this section, the levels of new budget authority, spending authority as described in section 651(c)(2) of this title, outlays, and new credit authority for a fiscal year shall be deter- mined on the basis of estimates made by the Com- mittee on the Budget of the House of Representatives or the Senate, as the case may be.’’ 1990—Subsec. (a)(1). Pub. L. 101–508, § 13201(b)(3)(A), substituted ‘‘and total entitlement authority’’ for ‘‘total entitlement authority, and total credit author- ity’’, ‘‘or such entitlement authority’’ for ‘‘such enti- tlement authority, or such credit authority’’, and ‘‘and entitlement authority’’ for ‘‘entitlement authority, and credit authority’’. Subsec. (a)(2). Pub. L. 101–508, § 13303(c)(1), inserted ‘‘social security outlays for the fiscal year of the reso- lution and for each of the 4 succeeding fiscal years,’’ after ‘‘appropriate levels of’’. Pub. L. 101–508, § 13201(b)(3)(B), substituted ‘‘total budget outlays and total new budget authority’’ for ‘‘total budget outlays, total new budget authority and new credit authority’’. Pub. L. 101–508, § 13112(a)(6), struck out ‘‘the House of Representatives and’’ after ‘‘among each committee of’’. Subsec. (b)(1)(A). Pub. L. 101–508, § 13201(b)(3)(C), sub- stituted ‘‘budget outlays and new budget authority’’ for ‘‘budget outlays, new budget authority, and new credit authority’’. Subsec. (c). Pub. L. 101–508, § 13207(a)(1)(A), sub- stituted ‘‘bill, joint resolution, amendment, motion, or conference report’’ for ‘‘bill or resolution, or amend- ment thereto’’. Subsec. (c)(3). Pub. L. 101–508, § 13201(b)(3)(D), struck out par. (3) which read as follows: ‘‘new credit author- ity for a fiscal year;’’. Subsec. (f)(1). Pub. L. 101–508, § 13207(a)(1)(B), inserted ‘‘joint’’ before ‘‘resolution’’ the second and third places appearing in introductory provisions. Pub. L. 101–508, § 13201(b)(3)(E), substituted ‘‘year or new entitlement authority effective during such fiscal year,’’ for ‘‘year, new entitlement authority effective during such fiscal year, or new credit authority for such fiscal year,’’ in introductory provisions and ‘‘au- thority or new entitlement authority’’ for ‘‘authority, new entitlement authority, or new credit authority’’ in closing provisions. Subsec. (f)(2). Pub. L. 101–508, § 13303(c)(3), inserted three sentences at end beginning with ‘‘In applying this paragraph—’’. Pub. L. 101–508, § 13303(c)(2), which directed the inser- tion of ‘‘or provides for social security outlays in ex- cess of the appropriate allocation of social security outlays under subsection (a) of this section for the fis- cal year of the resolution or for the total of that year and the 4 succeeding fiscal years’’ before the period, was executed by making the insertion before the period at end of first sentence, as the probable intent of Con- gress, in view of the applicability of the amendment. See Effective and Termination Dates of 1990 Amend- ment note below. Pub. L. 101–508, § 13207(a)(2), substituted ‘‘outlays, new budget authority, or new spending authority (as de- fined in section 651(c)(2) of this title)’’ for ‘‘outlays or new budget authority’’. Pub. L. 101–508, § 13207(a)(1)(B), substituted ‘‘bill, joint resolution, amendment, motion, or conference report’’ for ‘‘bill or resolution (including a conference report thereon), or any amendment to a bill or resolution’’. Pub. L. 101–508, § 13201(b)(2), temporarily inserted ‘‘or new credit authority’’ after ‘‘new budget authority’’. See Effective and Termination Dates of 1990 Amend- ment note below. Pub. L. 101–508, § 13112(a)(7), inserted ‘‘(A)’’ after ‘‘in excess of’’, substituted ‘‘under subsection (a) of this section, or (B) the appropriate allocation (if any) of such outlays or authority reported under subsection (b) of this section’’ for ‘‘under subsection (b) of this sec- tion’’, and inserted after first sentence ‘‘Subparagraph (A) shall not apply to any bill, resolution, amendment, Page 186 TITLE 2—THE CONGRESS § 634 motion, or conference report that is within the juris- diction of the Committee on Appropriations.’’ 1985—Pub. L. 99–177 substituted ‘‘Committee alloca- tions’’ for ‘‘Matters to be included in joint statement of managers; reports by committees’’ in section catchline. Subsec. (a). Pub. L. 99–177 amended subsec. (a) gen- erally, providing for separate provisions relating to al- locations of totals for the House of Representatives and for the Senate, with respect to the joint explanatory statement accompanying the conference report on a concurrent resolution on the budget. Subsec. (b). Pub. L. 99–177 amended subsec. (b) gen- erally, inserting applicability to new credit authority. Subsec. (c). Pub. L. 99–177 amended subsec. (c) gen- erally, substituting provisions relating to point of order for provisions relating to subsequent concurrent resolutions. Subsecs. (d) to (g). Pub. L. 99–177, in amending section generally, added subsecs. (d) to (g). Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 1990 AMENDMENT Pub. L. 101–508, title XIII, § 13201(b)(2), Nov. 5, 1990, 104 Stat. 1388–614, provided that the amendment made by section 13201(b)(2) is effective Jan. 1, 1991, for fiscal year 1991 only. Pub. L. 101–508, title XIII, § 13201(b)(3), Nov. 5, 1990, 104 Stat. 1388–614, provided that the amendment made by section 13201(b)(3) is effective for fiscal years beginning after Sept. 30, 1991. Amendment by section 13303(c) 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 an Effective Date of 1990 Amendment 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, except that such amendment, inso- far as it relates to subsecs. (c), (f), 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. § 634. Concurrent resolution on the budget must be adopted before budget-related legislation is considered (a) In general Until the concurrent resolution on the budget for a fiscal year has been agreed to, it shall not be in order in the House of Representatives, with respect to the first fiscal year covered by that resolution, or the Senate, with respect to any fiscal year covered by that resolution, to con- sider any bill or joint resolution, amendment or motion thereto, or conference report thereon that— (1) first provides new budget authority for that fiscal year; (2) first provides an increase or decrease in revenues during that fiscal year; (3) provides an increase or decrease in the public debt limit to become effective during that fiscal year; (4) in the Senate only, first provides new en- titlement authority for that fiscal year; or (5) in the Senate only, first provides for an increase or decrease in outlays for that fiscal year. (b) Exceptions in House In the House of Representatives, subsection (a) does not apply— (1)(A) to any bill or joint resolution, as re- ported, providing advance discretionary new budget authority that first becomes available for the first or second fiscal year after the budget year; or (B) to any bill or joint resolution, as re- ported, first increasing or decreasing revenues in a fiscal year following the fiscal year to which the concurrent resolution applies; (2) after May 15, to any general appropria- tion bill or amendment thereto; or (3) to any bill or joint resolution unless it is reported by a committee. (c) Application to appropriation measures in Senate (1) In general Until the concurrent resolution on the budg- et for a fiscal year has been agreed to and an allocation has been made to the Committee on Appropriations of the Senate under section 633(a) of this title for that year, it shall not be in order in the Senate to consider any appro- priation bill or joint resolution, amendment or motion thereto, or conference report thereon for that year or any subsequent year. (2) Exception Paragraph (1) does not apply to appropria- tions legislation making advance appropria- tions for the first or second fiscal year after the year the allocation referred to in that paragraph is made. (Pub. L. 93–344, title III, § 303, July 12, 1974, 88 Stat. 309; Pub. L. 99–177, title II, § 201(b), Dec. 12, 1985, 99 Stat. 1046; Pub. L. 101–508, title XIII, §§ 13205, 13207(a)(1)(C), Nov. 5, 1990, 104 Stat. 1388–616, 1388–617; Pub. L. 105–33, title X, § 10107(a), Aug. 5, 1997, 111 Stat. 683.) Editorial Notes CODIFICATION Section was formerly classified to section 1324 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, text provided that concurrent resolution on the budget must be adopted before legislation providing new budget authority, new spending authority, new credit authority, or changes in revenues or public debt limit could be considered. 1990—Subsec. (a). Pub. L. 101–508, § 13207(a)(1)(C), sub- stituted ‘‘bill, joint resolution, amendment, motion, or conference report’’ for ‘‘bill or resolution (or amend- ment thereto)’’. Pub. L. 101–508, § 13205(a)(4), inserted ‘‘(or, in the Sen- ate, a concurrent resolution on the budget covering such fiscal year)’’ after ‘‘fiscal year’’ in closing provi- sions. Subsec. (a)(5), (6). Pub. L. 101–508, § 13205(a)(1)–(3), added pars. (5) and (6) and struck out former par. (5) which read as follows: ‘‘new credit authority for a fiscal year,’’. Subsec. (b). Pub. L. 101–508, § 13205(b), designated ex- isting provisions as par. (1) and substituted ‘‘In the House of Representatives, subsection (a)’’ for ‘‘Sub- section (a)’’, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2). 1985—Pub. L. 99–177 inserted reference to new credit authority in section catchline.