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2 U.S.C. § 643Determinations and points of order

submitted 36 years ago by Pub. L. 93-344 to r/title-2-THE-CONGRESS · 478 words · no verdicts yet

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This section assigns budget estimates to the House or Senate Budget Committee and creates Senate rules against considering measures that exceed specified spending or deficit limits. It also explains when those objections may be raised, the effect of sustaining them, and how extraneous material in reconciliation legislation is removed.

(a) Budget Committee determinations. For this subchapter and subchapter II, the House or Senate Committee on the Budget, as applicable, determines the levels of new budget authority, outlays, direct spending, new entitlement authority, and revenues for a fiscal year using its estimates. (b) Discretionary spending point of order in Senate. (1) In general. Unless this subsection provides otherwise, the Senate may not consider a bill, resolution, amendment, motion, or conference report that would exceed a discretionary-spending limit in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(c)]. (2) Exceptions. This subsection does not apply while a congressional declaration of war is in effect or after Congress enacts a joint resolution under section 258 of that Act [2 U.S.C. 907a]. (c) Maximum deficit amount point of order in Senate. The Senate may not consider a fiscal-year budget concurrent resolution, an amendment to it, or its conference report if— (1) total outlays for the first fiscal year stated in the resolution or report exceed Federal revenues for that year by more than the maximum deficit amount, if any, specified for that year in the Balanced Budget and Emergency Deficit Control Act of 1985; or (2) adopting the amendment would make total outlays for that year exceed Federal revenues by more than that maximum deficit amount. (d) Timing of points of order in Senate. A point of order under this Act may not be raised against a bill, resolution, amendment, motion, or conference report while the Senate is considering a pending amendment or motion whose adoption would fix the violation. (e) Points of order in Senate against amendments between Houses. Every provision of this Act creating a point of order against an amendment also creates one against an amendment between the Houses. If the Senate sustains such an objection against an amendment between the Houses, the result is the same as if the Senate had disagreed to the amendment. (f) Effect of point of order in Senate. If the Senate sustains a point of order under this Act against a bill or resolution, the Presiding Officer must recommit it to the committee with appropriate jurisdiction for further consideration.
the actual law source: uscode.house.gov ↗public domain
(a) Budget Committee determinations

For purposes of this subchapter and subchapter II, the levels of new budget authority, outlays, direct spending, new entitlement authority, and revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or the Senate, as applicable.

(b) Discretionary spending point of order in Senate
(1) In general

Except as otherwise provided in this subsection, it shall not be in order in the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that would exceed any of the discretionary spending limits in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(c)].

(2) Exceptions

This subsection shall not apply if a declaration of war by the Congress is in effect or if a joint resolution pursuant to section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 907a] has been enacted.

(c) Maximum deficit amount point of order in Senate

It shall not be in order in the Senate to consider any concurrent resolution on the budget for a fiscal year, or to consider any amendment to that concurrent resolution, or to consider a conference report on that concurrent resolution, if—

(1)

the level of total outlays for the first fiscal year set forth in that concurrent resolution or conference report exceeds; or

(2)

the adoption of that amendment would result in a level of total outlays for that fiscal year that exceeds;

the recommended level of Federal revenues for that fiscal year, by an amount that is greater than the maximum deficit amount, if any, specified in the Balanced Budget and Emergency Deficit Control Act of 1985 for that fiscal year.

(d) Timing of points of order in Senate

A point of order under this Act may not be raised against a bill, resolution, amendment, motion, or conference report while an amendment or motion, the adoption of which would remedy the violation of this Act, is pending before the Senate.

(e) Points of order in Senate against amendments between Houses

Each provision of this Act that establishes a point of order against an amendment also establishes a point of order in the Senate against an amendment between the Houses. If a point of order under this Act is raised in the Senate against an amendment between the Houses and the point of order is sustained, the effect shall be the same as if the Senate had disagreed to the amendment.

(f) Effect of point of order in Senate

In the Senate, if a point of order under this Act against a bill or resolution is sustained, the Presiding Officer shall then recommit the bill or resolution to the committee of appropriate jurisdiction for further consideration.

Source credit: (Pub. L. 93–344, title III, § 312, as added Pub. L. 101–508, title XIII, § 13207(b)(1), Nov. 5, 1990, 104 Stat. 1388–618; amended Pub. L. 105–33, title X, § 10113(a), Aug. 5, 1997, 111 Stat. 687.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 93-344 · 104 Stat. 1388
  • 1997Amended · Pub. L. 105-33 · 111 Stat. 687

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-344 on 1990-11-05.

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