2 U.S.C. § 651 — Budget-related legislation not subject to

Page 201 TITLE 2—THE CONGRESS § 651 (iv) for fiscal year 2025, $533,000,000; (v) for fiscal year 2026, $608,000,000; and (vi) for fiscal year 2027, $633,000,000. (E) Definition As used in this subsection, the term ‘‘addi- tional new budget authority’’ means the amount provided for a fiscal year, in excess of $117,000,000, in an appropriation measure or conference report (as the case may be) and specified to pay for grants to States under section 506 of title 42. (2) Report on 633(b) level Following any adjustment made under para- graph (1), the Committees on Appropriations of the Senate and the House of Representa- tives may report appropriately revised sub- allocations pursuant to section 633(b) of this title to carry out this subsection. (Pub. L. 93–344, title III, § 314, as added Pub. L. 105–33, title X, § 10114(a), Aug. 5, 1997, 111 Stat. 688; amended Pub. L. 105–89, title II, § 201(b)(2), Nov. 19, 1997, 111 Stat. 2125; Pub. L. 112–25, title I, § 105(a), Aug. 2, 2011, 125 Stat. 246; Pub. L. 112–78, title V, § 511, Dec. 23, 2011, 125 Stat. 1291; Pub. L. 113–67, div. A, title I, § 122(10), Dec. 26, 2013, 127 Stat. 1176; Pub. L. 115–123, div. C, title II, § 30206(d), Feb. 9, 2018, 132 Stat. 131.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (g)(1)(C), is Pub. L. 115–123, Feb. 9, 2018, 132 Stat. 64, known as the Bipar- tisan Budget Act of 2018. For complete classification of this Act to the Code, see Short Title of 2018 Amend- ment note set out under section 1305 of Title 42, The Public Health and Welfare, and Tables. AMENDMENTS 2018—Subsec. (g). Pub. L. 115–123 added subsec. (g). 2013—Subsec. (d)(2). Pub. L. 113–67 redesignated sub- par. (B) as (A) and substituted ‘‘under paragraph (1)’’ for ‘‘under subparagraph (A)’’, redesignated subpar. (C) as (B) and substituted ‘‘under subparagraph (A)’’ for ‘‘under subparagraph (B)’’, and struck out former sub- par. (A) which read as follows: ‘‘In the House of Rep- resentatives, if a reported bill or joint resolution, or amendment thereto or conference report thereon, con- tains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency pursuant to paragraph (1), the chair of the Committee on the Budget shall not count the budgetary effects of such provision for pur- poses of this subchapter and subchapter II and the Rules of the House of Representatives.’’ 2011—Subsec. (a). Pub. L. 112–25, § 105(a)(1), added sub- sec. (a) and struck out former subsec. (a) which related to general adjustment provisions and described the matters to be adjusted. Subsecs. (b) to (d). Pub. L. 112–25, § 105(a)(2), (3), added subsec. (d), redesignated former subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to amounts of adjustments. Subsec. (e). Pub. L. 112–78, § 511(2), added subsec. (e). Former subsec. (e) redesignated (f). Pub. L. 112–25, § 105(a)(2), (3), added subsec. (e) and struck out former subsec. (e) which defined ‘‘continuing disability reviews’’ and ‘‘new budget authority’’ as used in former subsec. (b)(2). Subsec. (f). Pub. L. 112–78, § 511(1), redesignated sub- sec. (e) as (f). 1997—Subsec. (b)(6). Pub. L. 105–89 added par. (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–89 effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Pub. L. 105–89, set out as a note under section 622 of Title 42, The Public Health and Welfare. § 645a. Effect of adoption of special order of busi- ness in House of Representatives For purposes of a reported bill or joint resolu- tion considered in the House of Representatives pursuant to a special order of business, the term ‘‘as reported’’ in this subchapter or subchapter II shall be considered to refer to the text made in order as an original bill or joint resolution for the purpose of amendment or to the text on which the previous question is ordered directly to passage, as the case may be. In the case of a reported bill or joint resolution considered pur- suant to a special order of business, a point of order under section 634 of this title shall be de- termined on the basis of the text made in order as an original bill or joint resolution for the purpose of amendment or to the text on which the previous question is ordered directly to pas- sage, as the case may be. (Pub. L. 93–344, title III, § 315, as added Pub. L. 105–33, title X, § 10115(a), Aug. 5, 1997, 111 Stat. 690; amended Pub. L. 113–67, div. A, title I, § 122(11), Dec. 26, 2013, 127 Stat. 1176.) Editorial Notes AMENDMENTS 2013—Pub. L. 113–67 inserted at end ‘‘In the case of a reported bill or joint resolution considered pursuant to a special order of business, a point of order under sec- tion 634 of this title shall be determined on the basis of the text made in order as an original bill or joint reso- lution for the purpose of amendment or to the text on which the previous question is ordered directly to pas- sage, as the case may be.’’ SUBCHAPTER II—FISCAL PROCEDURES PART A—GENERAL PROVISIONS § 651. Budget-related legislation not subject to appropriations (a) Controls on certain budget-related legislation not subject to appropriations It shall not be in order in either the House of Representatives or the Senate to consider any bill or joint resolution (in the House of Rep- resentatives only, as reported), amendment, mo- tion, or conference report that provides— (1) new authority to enter into contracts under which the United States is obligated to make outlays; (2) new authority to incur indebtedness (other than indebtedness incurred under chap- ter 31 of title 31) for the repayment of which the United States is liable; or (3) new credit authority; unless that bill, joint resolution, amendment, motion, or conference report also provides that the new authority is to be effective for any fis- cal year only to the extent or in the amounts provided in advance in appropriation Acts. Page 202 TITLE 2—THE CONGRESS § 651 (b) Legislation providing new entitlement au- thority (1) POINT OF ORDER.—It shall not be in order in either the House of Representatives or the Sen- ate to consider any bill or joint resolution (in the House of Representatives only, as reported), amendment, motion, or conference report that provides new entitlement authority that is to become effective during the current fiscal year. (2) If any committee of the House of Rep- resentatives or the Senate reports any bill or resolution which provides new entitlement au- thority which is to become effective during a fis- cal year and the amount of new budget author- ity which will be required for such fiscal year if such bill or resolution is enacted as so reported exceeds the appropriate allocation of new budget authority reported under section 633(a) of this title in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year, such bill or resolution shall then be referred to the Committee on Appropria- tions of the Senate or may then be referred to the Committee on Appropriations of the House, as the case may be, with instructions to report it, with the committee’s recommendations, within 15 calendar days (not counting any day on which that House is not in session) beginning with the day following the day on which it is so referred. If the Committee on Appropriations of either House fails to report a bill or resolution referred to it under this paragraph within such 15-day period, the committee shall automati- cally be discharged from further consideration of such bill or resolution and such bill or resolu- tion shall be placed on the appropriate calendar. (3) The Committee on Appropriations of each House shall have jurisdiction to report any bill or resolution referred to it under paragraph (2) with an amendment which limits the total amount of new spending authority provided in such bill or resolution. (c) Exceptions (1) Subsections (a) and (b) shall not apply to new authority described in those subsections if outlays from that new authority will flow— (A) from a trust fund established by the So- cial Security Act (as in effect on July 12, 1974) [42 U.S.C. 301 et seq.]; or (B) from any other trust fund, 90 percent or more of the receipts of which consist or will consist of amounts (transferred from the gen- eral fund of the Treasury) equivalent to amounts of taxes (related to the purposes for which such outlays are or will be made) re- ceived in the Treasury under specified provi- sions of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.]. (2) Subsections (a) and (b) shall not apply to new authority described in those subsections to the extent that— (A) the outlays resulting therefrom are made by an organization which is (i) a mixed- ownership Government corporation (as defined in section 9101(2) of title 31), or (ii) a wholly owned Government corporation (as defined in section 9101(3) of title 31) which is specifically exempted by law from compliance with any or all of the provisions of chapter 91 of title 31, as of December 12, 1985; or (B) the outlays resulting therefrom consist exclusively of the proceeds of gifts or bequests made to the United States for a specific pur- pose. (3) In the House of Representatives, sub- sections (a) and (b) shall not apply to new au- thority described in those subsections to the ex- tent that a provision in a bill or joint resolu- tion, or an amendment thereto or a conference report thereon, establishes prospectively for a Federal office or position a specified or min- imum level of compensation to be funded by an- nual discretionary appropriations. (Pub. L. 93–344, title IV, § 401, July 12, 1974, 88 Stat. 317; Pub. L. 99–177, title II, § 211, Dec. 12, 1985, 99 Stat. 1056; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101–508, title XIII, § 13207(a)(1)(F), (G), Nov. 5, 1990, 104 Stat. 1388–617, 1388–618; Pub. L. 105–33, title X, § 10116(a)(1)–(5), Aug. 5, 1997, 111 Stat. 690, 691; Pub. L. 113–67, div. A, title I, § 122(12), (13), Dec. 26, 2013, 127 Stat. 1176.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (c)(1)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see section 1305 of Title 42 and Tables. The Internal Revenue Code of 1986, referred to in sub- sec. (c)(1)(B), is classified generally to Title 26, Internal Revenue Code. CODIFICATION In subsec. (c)(2)(A), ‘‘section 9101(2) of title 31’’, ‘‘sec- tion 9101(3) of title 31’’, and ‘‘chapter 91 of title 31’’ were substituted for ‘‘section 201 of the Government Cor- poration Control Act [31 U.S.C. 856]’’, ‘‘section 101 of such Act [31 U.S.C. 846]’’, and ‘‘that Act’’, respectively, on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was formerly classified to section 1351 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. (b)(2). Pub. L. 113–67, § 122(12), sub- stituted ‘‘section 633(a)’’ for ‘‘section 633(b)’’. Subsec. (c)(3). Pub. L. 113–67, § 122(13), added par. (3). 1997—Pub. L. 105–33, § 10116(a)(1)(A), substituted ‘‘Budget-related legislation not subject to appropria- tions’’ for ‘‘Bills providing new spending authority’’ as section catchline. Subsec. (a). Pub. L. 105–33, § 10116(a)(1)(B), added sub- sec. (a) and struck out heading and text of former sub- sec. (a). Text read as follows: ‘‘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 report, as reported to its House which provides new spending authority described in sub- section (c)(2)(A) or (B) of this section, unless that bill, resolution, conference report, or amendment also pro- vides that such new spending authority as described in subsection (c)(2)(A) or (B) of this section is to be effec- tive for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.’’ Subsec. (b). Pub. L. 105–33, § 10116(a)(2)(A), inserted ‘‘new’’ before ‘‘entitlement’’ in heading. Subsec. (b)(1). Pub. L. 105–33, § 10116(a)(2)(B), added par. (1) and struck out former par. (1) which read as fol- 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-