2 U.S.C. § 642 — Budget-related legislation must be within appropriate levels
submitted 52 years ago by Pub. L. 93-344 to r/title-2-THE-CONGRESS · 618 words · no verdicts yet
After a budget resolution, House and Senate procedures can block legislation that would exceed specified spending or revenue levels, and Senate procedures also protect specified Social Security surplus and deficit levels. The House has an exception for certain new budget authority, and the restrictions do not apply to qualifying legislation during a congressional declaration of war.
(a) Enforcement of budget aggregates. (1) In House of Representatives. Except as subsection (c) provides, after Congress completes action on a concurrent budget resolution for a fiscal year, the House may not consider a bill, joint resolution, amendment, motion, or conference report that provides new budget authority or reduces revenues if: (A) enacting the bill or resolution as reported; (B) adopting and enacting the amendment; or (C) enacting the bill or resolution in the form recommended by the conference report would exceed the total new budget authority or total outlays for the first fiscal year in the applicable budget resolution, or would make revenues lower than the resolution's total-revenue level for that first year, or for that year plus the later years for which section 633(a) provides allocations. This restriction does not apply while a congressional declaration of war is in effect. (2) In Senate. After agreement to a concurrent budget resolution, the Senate may not consider a bill, joint resolution, amendment, motion, or conference report that would exceed the resolution's total new budget authority or total outlays for the first fiscal year, or make revenues lower than the resolution's total revenues for that year or for that year plus the later years for which section 633(a) provides allocations. (3) Enforcement of Social Security levels in Senate. After agreement to a concurrent budget resolution, the Senate may not consider a bill, joint resolution, amendment, motion, or conference report that would reduce Social Security surpluses or increase Social Security deficits compared with the levels in the applicable resolution for the first fiscal year, or for that year plus the later years for which section 633(a) provides allocations.
(b) Social security levels. (1) In general. For subsection (a)(3), a Social Security surplus is the excess of Social Security revenues over Social Security outlays in a fiscal year or years with an excess. A Social Security deficit is the excess of Social Security outlays over Social Security revenues in a fiscal year or years with an excess. (2) Tax treatment. For subsection (a)(3), a provision changing chapter 1 of the Internal Revenue Code of 1986 is not treated as changing Social Security revenues or outlays unless it changes how Social Security benefits are taxed.
(c) Exception in House of Representatives. Subsection (a)(1) does not apply in the House to a bill, joint resolution, or amendment providing new budget authority for a fiscal year, or to a conference report on one, if enacting the bill or resolution as reported, adopting and enacting the amendment, or enacting the bill or resolution in the conference-report form would not exceed the appropriate allocation of new budget authority made under section 633(a) for that fiscal year.
Except as provided by subsection (c), 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, amendment, motion, or conference report providing new budget authority or reducing revenues, if—
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 cause the level of total new budget authority or total outlays set forth in the applicable concurrent resolution on the budget for the first fiscal year to be exceeded, or would cause revenues to be less than the level of total revenues set forth in that concurrent resolution for the first fiscal year or for the total of that first fiscal year and the ensuing fiscal years for which allocations are provided under section 633(a) of this title, except when a declaration of war by the Congress is in effect.
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 the level of total new budget authority or total outlays set forth for the first fiscal year in the applicable resolution to be exceeded; or
would cause revenues to be less than the level of total revenues set forth for that first fiscal year or for the total of that first fiscal year and the ensuing fiscal years in the applicable resolution for which allocations are provided under section 633(a) of this title.
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 a decrease in social security surpluses or an increase in social security deficits relative to the levels set forth in the applicable resolution for the first fiscal year or for the total of that fiscal year and the ensuing fiscal years for which allocations are provided under section 633(a) of this title.
For purposes of subsection (a)(3), social security surpluses equal the excess of social security revenues over social security outlays in a fiscal year or years with such an excess and social security deficits equal the excess of social security outlays over social security revenues in a fiscal year or years with such an excess.
For purposes of subsection (a)(3), no provision of any legislation involving a change in chapter 1 of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] shall be treated as affecting the amount of social security revenues or outlays unless that provision changes the income tax treatment of social security benefits.
Subsection (a)(1) shall not apply in the House of Representatives to any bill, joint resolution, or amendment that provides new budget authority for a fiscal year or to any conference report on any such bill or resolution, if—
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 cause the appropriate allocation of new budget authority made pursuant to section 633(a) of this title for that fiscal year to be exceeded.
Source credit: (Pub. L. 93–344, title III, § 311, July 12, 1974, 88 Stat. 316; Pub. L. 99–177, title II, § 201(b), Dec. 12, 1985, 99 Stat. 1055; Pub. L. 100–119, title I, § 106(e)(1), Sept. 29, 1987, 101 Stat. 781; Pub. L. 101–508, title XIII, §§ 13112(a)(10), 13207(a)(1)(E), 13303(d), Nov. 5, 1990, 104 Stat. 1388–608, 1388–617, 1388–626; Pub. L. 105–33, title X, § 10112(a), Aug. 5, 1997, 111 Stat. 686.)
- 1974Enacted · Pub. L. 93-344 · 88 Stat. 316
- 1985Amended · Pub. L. 99-177 · 99 Stat. 1055
- 1987Amended · Pub. L. 100-119 · 101 Stat. 781
- 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
- 1997Amended · Pub. L. 105-33 · 111 Stat. 686
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-344 on 1974-07-12.
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