2 U.S.C. § 634 — Concurrent resolution on the budget must

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. Page 187 TITLE 2—THE CONGRESS § 636 Subsec. (a). Pub. L. 99–177 amended subsec. (a) gen- erally, substituting provisions respecting new entitle- ment authority or new credit authority, for provisions respecting new spending authority. Subsec. (b). Pub. L. 99–177 amended subsec. (b) gen- erally, inserting provisions relating to applicability of subsec. (a) after May 15 of any calendar year. Subsec. (c). Pub. L. 99–177 amended subsec. (c) gen- erally, inserting references to amendments of bills or resolutions wherever appearing. 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. § 635. Permissible revisions of concurrent resolu- tions on the budget At any time after the concurrent resolution on the budget for a fiscal year has been agreed to pursuant to section 632 of this title, and before the end of such fiscal year, the two Houses may adopt a concurrent resolution on the budget which revises or reaffirms the concurrent reso- lution on the budget for such fiscal year most recently agreed to. (Pub. L. 93–344, title III, § 304, July 12, 1974, 88 Stat. 310; Pub. L. 99–177, title II, § 201(b), Dec. 12, 1985, 99 Stat. 1047; Pub. L. 100–119, title II, § 208(b), Sept. 29, 1987, 101 Stat. 786; Pub. L. 101–508, title XIII, § 13112(a)(8), Nov. 5, 1990, 104 Stat. 1388–608; Pub. L. 105–33, title X, § 10108, Aug. 5, 1997, 111 Stat. 684.) Editorial Notes CODIFICATION Section was formerly classified to section 1325 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 designated subsec. (a) as entire section and struck out subsec. (a) heading ‘‘In general’’ and subsec. (b) heading and text. Prior to amendment, text of subsec. (b) read as follows: ‘‘The provisions of section 632(g) of this title shall apply with respect to concurrent resolutions on the budget under this section (and amendments thereto and conference reports there- on) in the same way they apply to concurrent resolu- tions on the budget under such section 632(g) of this title (and amendments thereto and conference reports thereon).’’ 1990—Subsecs. (b), (c). Pub. L. 101–508 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘The provisions of section 632(i) of this title shall apply with respect to concurrent reso- lutions on the budget under this section (and amend- ments thereto and conference reports thereon) in the same way they apply to concurrent resolutions on the budget under such section 632(i) of this title (and amendments thereto and conference reports thereon).’’ 1987—Subsec. (c). Pub. L. 100–119 added subsec. (c). 1985—Pub. L. 99–177, in amending section generally, inserted ‘‘Permissible’’ before ‘‘revisions’’ in section catchline, designated existing provisions as subsec. (a), struck out ‘‘first’’ after ‘‘after the’’, and added subsec. (b). 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. § 636. Provisions relating to consideration of con- current resolutions on the budget (a) Procedure in House after report of Com- mittee; debate (1) When a concurrent resolution on the budg- et has been reported by the Committee on the Budget of the House of Representatives and has been referred to the appropriate calendar of the House, it shall be in order on any day thereafter, subject to clause 4 of rule XIII of the Rules of the House of Representatives, to move to pro- ceed to the consideration of the concurrent reso- lution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order and it is not in order to move to re- consider the vote by which the motion is agreed to or disagreed to. (2) General debate on any concurrent resolu- tion on the budget in the House of Representa- tives shall be limited to not more than 10 hours, which shall be divided equally between the ma- jority and minority parties, plus such additional hours of debate as are consumed pursuant to paragraph (3). A motion further to limit debate is not debatable. A motion to recommit the con- current resolution is not in order, and it is not in order to move to reconsider the vote by which the concurrent resolution is agreed to or dis- agreed to. (3) Following the presentation of opening statements on the concurrent resolution on the budget for a fiscal year by the chairman and ranking minority member of the Committee on the Budget of the House, there shall be a period of up to four hours for debate on economic goals and policies. (4) Only if a concurrent resolution on the budget reported by the Committee on the Budg- et of the House sets forth the economic goals (as described in sections 1022(a)(2) and 1022a(b) of title 15) which the estimates, amounts, and lev- els (as described in section 632(a) of this title) set forth in such resolution are designed to achieve, shall it be in order to offer to such reso- lution an amendment relating to such goals, and such amendment shall be in order only if it also proposes to alter such estimates, amounts, and levels in germane fashion in order to be con- sistent with the goals proposed in such amend- ment. (5) Consideration of any concurrent resolution on the budget by the House of Representatives shall be in the Committee of the Whole, and the resolution shall be considered for amendment under the five-minute rule in accordance with the applicable provisions of rule XVIII of the Rules of the House of Representatives. After the Committee rises and reports the resolution back to the House, the previous question shall be con- sidered as ordered on the resolution and any