2 U.S.C. § 633 — Committee allocations
submitted 52 years ago by Pub. L. 93-344 to r/title-2-THE-CONGRESS · 1,456 words · no verdicts yet
This section requires the budget conference statement to allocate new budget authority and outlays among committees. It sets rules for suballocations, changes, points of order, and a House pay-as-you-go exception.
(a) Committee spending allocations. (1) The joint explanatory statement that accompanies a conference report on a concurrent budget resolution must allocate, consistently with the recommended resolution, total new budget authority and total outlays among each House and Senate committee with jurisdiction over legislation that provides or creates those amounts. The allocation must cover the resolution's first fiscal year, at least the next four fiscal years, and the total for that period. For the Committee on Appropriations, it only has to cover the resolution's fiscal year. (2) In the House, an item allocated to one committee cannot also be allocated to another. (3)(A) In the Senate, the amount allocated to Appropriations must be divided among the categories in section 900(c)(4) and cannot exceed the limits for those categories in section 901(c). (B) In the House, each committee's allocation for each fiscal year, except Appropriations, must be divided between amounts already provided or required by law when the conference report is filed and amounts not provided or required then. Appropriations' allocation must be divided between discretionary and mandatory amounts or programs, as appropriate, and consistently with the categories in section 900(c)(4). (4) A committee receiving no allocation is treated as receiving zero for new budget authority or outlays. (5)(A) If no concurrent budget resolution is adopted by April 15, the House Budget Committee chair must submit to the House as soon as practicable an allocation to Appropriations under paragraph (1), consistent with the discretionary spending levels in the latest agreed budget resolution for the appropriate fiscal year. (B) As soon as practicable after such an allocation is submitted, Appropriations must make suballocations and report them to the House.
(b) Suballocations by Appropriations Committees. As soon as practicable after a concurrent budget resolution is agreed to, each House Appropriations Committee, after consulting the other House's committee, must suballocate each amount allocated to it for the budget year among its subcommittees. It must promptly report those suballocations, including revisions, to its House. The House committee must also divide among its subcommittees the divisions made under subsection (a)(3)(B) and promptly report those divisions.
(c) Point of order. After Appropriations receives an allocation for a fiscal year, the House or Senate may not consider a bill, joint resolution, amendment, motion, or conference report within that committee's jurisdiction that provides new budget authority for that year until the committee makes the required suballocations.
(d) Subsequent concurrent resolutions. For a budget resolution referred to in section 635, the allocations and subdivisions are required only as necessary to reflect revisions in the latest agreed budget resolution.
(e) Alteration of allocations. After a committee reports the required allocations under subsection (b), it may report an alteration to its House. The alteration must be consistent with actions its House has already taken on legislation within the committee's jurisdiction.
(f) Legislation subject to point of order. (1) House. After Congress completes action on a fiscal-year budget resolution, the House may not consider a bill, joint resolution, or amendment providing new budget authority for any fiscal year, or a conference report on one, if enacting the reported bill or resolution, adopting and enacting the amendment, or enacting the bill or resolution in the conference-report form would exceed the applicable allocation under (a) or (b) for the first fiscal year or for all covered fiscal years. (2) Senate. After a budget resolution is agreed to, the Senate may not consider a bill, joint resolution, amendment, motion, or conference report that would exceed, for a committee other than Appropriations, its applicable new-budget-authority or outlay allocation under (a) for the first fiscal year or total period, or, for Appropriations, its applicable new-budget-authority or outlay suballocation under (b).
(g) Pay-as-you-go exception in the House. (1)(A) Subsection (f)(1), and section 634(a) after April 15, do not apply to a reported bill or joint resolution, its amendment, or its conference report if, for every fiscal year covered by the latest budget resolution, the proposed action would not increase the deficit and the relevant revenue increases are at least as large as the sum of (i) any increase in aggregate Federal revenues required by that resolution and (ii) any revenue increase required by pay-as-you-go procedures under section 632(b)(8), if included in the resolution. In calculating the relevant revenue increases, include increases in legislation already enacted during the current session and any increases in the proposed legislation that exceed its outlay increase. (B) Section 642(a), as it applies to revenues, does not apply if the proposed action would not increase the deficit for every covered fiscal year and outlay reductions already enacted, plus any proposed reductions exceeding the proposed revenue reduction, are at least as large as the sum of (i) any aggregate Federal-outlay reduction required by the resolution and (ii) any outlay reduction required by pay-as-you-go procedures under section 632(b)(8), if included in the resolution. (2)(A) As soon as practicable after Congress agrees to legislation that would have violated (f)(1) or section 642(a) but for these exceptions, the House Budget Committee chair must file appropriately revised allocations under (a), revised functional levels, and revised budget aggregates reflecting the legislation. (B) For this Act, those revised items are treated as items contained in the latest agreed budget resolution.
The joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall include an allocation, consistent with the resolution recommended in the conference report, of the levels 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 (except in the case of the Committee on Appropriations only for the fiscal year of that resolution) of—
total new budget authority; and
total outlays;
among each committee of the House of Representatives or the Senate that has jurisdiction over legislation providing or creating such amounts.
In the House of Representatives, any item allocated to one committee may not be allocated to another committee.
In the Senate, the amount allocated to the Committee on Appropriations shall be further 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.
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 required. The amounts allocated to the Committee on Appropriations shall be further divided—
between discretionary and mandatory amounts or programs, as appropriate; and
consistent with the categories specified in section 900(c)(4) of this title.
In the House of Representatives or the Senate, if a committee receives no allocation of new budget authority or outlays, that committee shall be deemed to have received an allocation equal to zero for new budget authority or outlays.
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 Representatives shall submit to the House, as soon as practicable, an allocation under paragraph (1) to the Committee on Appropriations consistent with the discretionary spending levels in the most recently agreed to concurrent resolution on the budget for the appropriate fiscal year covered by that resolution.
As soon as practicable after an allocation under paragraph (1) is submitted under this section, the Committee on Appropriations shall make suballocations and report those suballocations to the House of Representatives.
As soon as practicable after a concurrent resolution on the budget is agreed to, the Committee on Appropriations of each House (after consulting with the Committee on Appropriations 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 report to its House suballocations made or revised under this subsection. The Committee on Appropriations of the House of Representatives shall further divide among its subcommittees the divisions made under subsection (a)(3)(B) and promptly report those divisions to the House.
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 consider any bill, joint resolution, amendment, motion, or conference report within the jurisdiction of that committee providing new budget authority for that fiscal year, until that committee makes the suballocations required by subsection (b).
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 subdivisions under subsection (b) shall be required only to the extent necessary to take into account revisions made in the most recently agreed to concurrent resolution on the budget.
At any time after a committee reports the allocations 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 actions already taken by its House on legislation within the committee’s jurisdiction.
After the Congress has completed action on a concurrent resolution on the budget for a fiscal year, it shall not be in order in the House of Representatives to consider any bill, joint resolution, or amendment providing new budget authority for any fiscal year, or any conference report on any such bill or joint resolution, if—
the enactment of such bill or resolution as reported;
the adoption and enactment of such amendment; or
the enactment of such bill or resolution in the form recommended in such conference 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.
After a concurrent resolution on the budget is agreed to, it shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause—
in the case of any committee except the Committee on Appropriations, the applicable allocation of new budget authority or outlays under subsection (a) for the first fiscal year or the total of fiscal years to be exceeded; or
in the case of the Committee on Appropriations, the applicable suballocation of new budget authority or outlays under subsection (b) to be exceeded.
Subsection (f)(1) and, after April 15, section 634(a) of this title shall not apply to any bill or joint resolution, as reported, amendment thereto, or conference report thereon if, for each fiscal year covered by the most recently agreed to concurrent resolution on the budget—
the enactment of that bill or resolution as reported;
the adoption and enactment of that amendment; or
the enactment of that bill or resolution in the form recommended in that conference report,
would not increase the deficit, and, if the sum of any revenue increases provided in legislation already enacted during the current session (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.
Section 642(a) of this title, as that section 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—
the enactment of that bill or resolution as reported;
the adoption and enactment of that amendment; or
the enactment of that bill or resolution in the form recommended in that conference report,
would not increase the deficit, and, if the sum of any outlay reductions provided in legislation already enacted during the current session (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 concurrent resolution.
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 paragraph (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 reflect that bill.
Such revised allocations, functional levels, and budget aggregates shall be considered for the purposes of this Act as allocations, functional levels, and budget aggregates contained in the most recently agreed to concurrent resolution on the budget.
Source credit: (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.)
- 1974Enacted · Pub. L. 93-344 · 88 Stat. 308
- 1985Amended · Pub. L. 99-177 · 99 Stat. 1044
- 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
- 1997Amended · Pub. L. 105-33 · 111 Stat. 680
- 2013Amended · Pub. L. 113-67 · 127 Stat. 1175
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-344 on 1974-07-12.
all 0 arguments · sorted by: best
no arguments yet — make the first case