[United States Senate Manual, 116th Congress]
[S. Doc. 116-1]
[Cleaves Manual of Conferences and Conference Reports]
[Pages 241-314]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 241]]
                                        [275]
            ____________________________________________________________
 
                   UNITED STATES SENATE PROCEDURES ENACTED IN LAW

                      Extracts from the United States Code \1\

                \1\ Since some provisions of the most recently enacted 
            statutes may receive slightly different editorial treatment 
            in the codification process, and since a few stylistic 
            changes have been made in this Manual to achieve more 
            convenient adaptation to Senate needs, some pro forma 
            deviations from the exact format of the United States Code 
            may be noted.

                      [Data collected through 116th Congress, 
                                    1st Session]

            ____________________________________________________________

                               2 u.s.c.--the congress

                   united states senate procedures enacted in law

                                TITLE 2--THE CONGRESS

                       Chapter 2--ORGANIZATION OF THE CONGRESS

       275  Sec. 30b. Notice of objecting to proceeding
            (a) In general
                The Majority and Minority Leaders of the Senate or their 
            designees shall recognize a notice of intent of a Senator 
            who is a member of their caucus to object to proceeding to a 
            measure or matter only if the Senator--
                            (1) following the objection to a unanimous 
                        consent to proceeding to, and, or passage of, a 
                        measure or matter on their behalf, submits the 
                        notice of intent in writing to the appropriate 
                        leader or their designee; and
                            (2) not later than 6 session days after the 
                        submission under paragraph (1), submits for 
                        inclusion in the Congressional Record and in the 
                        applicable calendar section described in 
                        subsection (b) the following notice:

                ``I, Senator_____, intend to object to proceedings 
            to_____, dated_____for the following reasons_____.''
            (b) Calendar
                (1) In general
                            The Secretary of the Senate shall establish 
                        for both the Senate Calendar of Business and the 
                        Senate Executive Calendar a separate section 
                        entitled ``Notice of Intent to Object to 
                        Proceeding''.
                (2) Content
                            The section required by paragraph (1) shall 
                        include--

                                (A) the name of each Senator filing a 
                            notice under subsection (a)(2);

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                                (B) the measure or matter covered by the 
                            calendar that the Senator objects to; and

                                (C) the date the objection was filed.

                (3) Notice
                            A Senator who has notified their respective 
                        leader and who has withdrawn their objection 
                        within the 6 session day period is not required 
                        to submit a notification under subsection 
                        (a)(2).
            (c) Removal
                A Senator may have an item with respect to the Senator 
            removed from a calendar to which it was added under 
            subsection (b) by submitting for inclusion in the 
            Congressional Record the following notice:

                ``I, Senator_____, do not object to proceed to_____, 
            dated_____.'' (Pub. L. 110-81, Title V, Sec. 512, Sept. 14, 
            2007, 121 Stat. 759.)

                   Chapter 9D--OFFICE OF THE SENATE LEGAL COUNSEL

       276  Sec. 288d. Enforcement of Senate subpena or order
            (a) Institution of civil actions
                When directed to do so pursuant to section 288b(b) of 
            this title, the Counsel shall bring a civil action under any 
            statute conferring jurisdiction on any court of the United 
            States (including section 1365 of title 28), to enforce, to 
            secure a declaratory judgment concerning the validity of, or 
            to prevent a threatened failure or refusal to comply with, 
            any subpena or order issued by the Senate or a committee or 
            a subcommittee of the Senate authorized to issue a subpena 
            or order.
            (b) Actions in name of committees and subcommittees
                Any directive to the Counsel to bring a civil action 
            pursuant to subsection (a) in the name of a committee or 
            subcommittee of the Senate shall, for such committee or 
            subcommittee, constitute authorization to bring such action 
            within the meaning of any statute conferring jurisdiction on 
            any court of the United States.
            (c) Consideration of resolutions authorizing actions
                It shall not be in order in the Senate to consider a 
            resolution to direct the Counsel to bring a civil action 
            pursuant to subsection (a) in the name of a committee or 
            subcommittee unless--
                            (1) such resolution is reported by a 
                        majority of the members voting, a majority being 
                        present, of such committee or committee of which 
                        such subcommittee is a subcommittee, and
                            (2) the report filed by such committee or 
                        committee of which such subcommittee is a 
                        subcommittee contains a statement of--

                                (A) the procedure followed in issuing 
                            such subpena;

                                (B) the extent to which the party 
                            subpenaed has complied with such subpena;

                                (C) any objections or privileges raised 
                            by the subpenaed party; and

                                (D) the comparative effectiveness of 
                            bringing a civil action under this section, 
                            certification of a criminal action for 
                            contempt of Congress, and initiating a 
                            contempt proceeding before the Senate.

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            (d) Rules of Senate
                The provisions of subsection (c) are enacted--
                            (1) as an exercise of the rulemaking power 
                        of the Senate, and, as such, they shall be 
                        considered as part of the rules of the Senate, 
                        and such rules shall supersede any other rule of 
                        the Senate only to the extent that rule is 
                        inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of the Senate to change 
                        such rules (so far as relating to the procedure 
                        in the Senate) at any time, in the same manner, 
                        and to the same extent as in the case of any 
                        other rule of the Senate. (Pub. L. 95-521, Title 
                        VII, Sec. 705, Oct. 26, 1978, 92 Stat. 1878; 
                        Pub. L. 99-336, Sec. 6(a)(2), June 19, 1986, 100 
                        Stat. 639.)

                                    * * * * * * *

       277  Sec. 288j. Consideration of resolutions to direct counsel
            (a) Procedure; rules
                (1) A resolution introduced pursuant to section 288b of 
            this title shall not be referred to a committee, except as 
            otherwise required under section 288d(c) of this title. Upon 
            introduction, or upon being reported if required under 
            section 288d(c) of this title, whichever is later, it shall 
            at any time thereafter be in order (even though a previous 
            motion to the same effect has been disagreed to) to move to 
            proceed to the consideration of such resolution. A motion to 
            proceed to the consideration of a resolution shall be highly 
            privileged and not debatable. An amendment to such motion 
            shall not be in order, and it shall not be in order to move 
            to reconsider the vote by which such motion is agreed to.
                (2) With respect to a resolution pursuant to section 
            288b(a) of this title, the following rules apply:
                            (A) If the motion to proceed to the 
                        consideration of the resolution is agreed to, 
                        debate thereon shall be limited to not more than 
                        ten hours, which shall be divided equally 
                        between, and controlled by, those favoring and 
                        those opposing the resolution. A motion further 
                        to limit debate shall not be debatable. No 
                        amendment to the resolution shall be in order. 
                        No motion to recommit the resolution shall be in 
                        order, and it shall not be in order to 
                        reconsider the vote by which the resolution is 
                        agreed to.
                            (B) Motions to postpone, made with respect 
                        to the consideration of the resolution, and 
                        motions to proceed to the consideration of other 
                        business, shall be decided without debate.
                            (C) All appeals from the decisions of the 
                        Chair relating to the application of the rules 
                        of the Senate to the procedure relating to the 
                        resolution shall be decided without debate.
            (b) ``Committee'' defined
                For purposes of this chapter, other than section 288b of 
            this title, the term ``committee'' includes standing, 
            select, and special committees of the Senate established by 
            law or resolution.
            (c) Rules of the Senate
                The provisions of this section are enacted--
                            (1) as an exercise of the rulemaking power 
                        of the Senate, and, as such, they shall be 
                        considered as part of the rules of the Senate,

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                        and such rules shall supersede any other rule of 
                        the Senate only to the extent that rule is 
                        inconsistent therewith; and
                            (2) with full recognition of the 
                        constitutional right of the Senate to change 
                        such rules at any time, in the same manner, and 
                        to the same extent as in the case of any other 
                        rule of the Senate. (Pub. L. 95-521, Title VII, 
                        Sec. 711, Oct. 26, 1978, 92 Stat. 1882.)

               Chapter 11--CITIZENS' COMMISSION ON PUBLIC SERVICE AND 
                                    COMPENSATION

       278  Sec. 358. Recommendations of President with respect to pay
                (1) After considering the report and recommendations of 
            the Commission submitted under section 357 of this title, 
            the President shall transmit to Congress his recommendations 
            with respect to the exact rates of pay, for offices and 
            positions within the purview of subparagraphs (A), (B), (C), 
            and (D) of section 356 of this title, which the President 
            considers to be fair and reasonable in light of the 
            Commission's report and recommendations, the prevailing 
            market value of the services rendered in the offices and 
            positions involved, the overall economic condition of the 
            country, and the fiscal condition of the Federal Government.
                (2) The President shall transmit his recommendations 
            under this section to Congress on the first Monday after 
            January 3 of the first calendar year beginning after the 
            date on which the Commission submits its report and 
            recommendations to the President under section 357 of this 
            title. (Pub. L. 90-206, Sec. 225(h), Dec. 16, 1967, 81 Stat. 
            644; Pub. L. 99-190, Sec. 135(d), Dec. 19, 1985, 99 Stat. 
            1322; Pub. L. 101-194, Title VII, Sec. 701(f), Nov. 30, 
            1989, 103 Stat. 1765.)
       279  Sec. 359. Effective date of recommendations of President
                (1) None of the President's recommendations under 
            section 358 of this title shall take effect unless approved 
            under paragraph (2).
                (2)(A) The recommendations of the President under 
            section 358 of this title shall be considered approved under 
            this paragraph if there is enacted into law a bill or joint 
            resolution approving such recommendations in their entirety. 
            This bill or joint resolution shall be passed by recorded 
            vote to reflect the vote of each Member of Congress thereon.
                (B)(i) The provisions of this subparagraph are enacted 
            by the Congress--
                            (I) as an exercise of the rulemaking power 
                        of the Senate and the House of Representatives 
                        and as such shall be considered as part of the 
                        rules of each House, and shall supersede other 
                        rules only to the extent that they are 
                        inconsistent therewith; and
                            (II) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as they relate to the 
                        procedures of that House) at any time, in the 
                        same manner, and to the same extent as in the 
                        case of any other rule of that House.
                (ii) During the 60-calendar-day period beginning on the 
            date that the President transmits his recommendations to the 
            Congress under section 358 of this title, it shall be in 
            order as a matter of highest privilege in each House of 
            Congress to consider a bill or joint resolution, if offered 
            by the majority leader of such House (or a designee), 
            approving such recommendations in their entirety.
                (3) Except as provided in paragraph (4), any recommended 
            pay adjustment approved under paragraph (2) shall take 
            effect as of the date

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            proposed by the President under section 358 of this title 
            with respect to such adjustment.
                (4)(A) Notwithstanding the approval of the President's 
            pay recommendations in accordance with paragraph (2), none 
            of those recommendations shall take effect unless, between 
            the date on which the bill or resolution approving those 
            recommendations is signed by the President (or otherwise 
            becomes law) and the earliest date as of which the President 
            proposes (under section 358 of this title) that any of those 
            recommendations take effect, an election of Representatives 
            shall have intervened.
                (B) For purposes of this paragraph, the term ``election 
            of Representatives'' means an election held on the Tuesday 
            following the first Monday of November in any even-numbered 
            calendar year. (Pub. L. 90-206, Sec. 225(i), Dec. 16, 1967, 
            81 Stat. 644; Pub. L. 95-19, Sec. 401(a), Apr. 12, 1977, 91 
            Stat. 45; Pub. L. 99-190, Sec. 135(e), Dec. 19, 1985, 99 
            Stat. 1322; Pub. L. 101-194, Title VII, Sec. 701(g), Nov. 
            30, 1989, 103 Stat. 1765.)
       280  Sec. 622. Definitions
                For purposes of this Act--
                            (1) The terms ``budget outlays'' and 
                        ``outlays'' mean, with respect to any fiscal 
                        year, expenditures and net lending of funds 
                        under budget authority during such year.
                            (2) Budget authority and new budget 
                        authority.--

                                (A) In general.--The term ``budget 
                            authority'' means the authority provided by 
                            Federal law to incur financial obligations, 
                            as follows:

                                        (i) provisions of law that make 
                                    funds available for obligation and 
                                    expenditure (other than borrowing 
                                    authority), including the authority 
                                    to obligate and expend the proceeds 
                                    of offsetting receipts and 
                                    collections;

                                        (ii) borrowing authority, which 
                                    means authority granted to a Federal 
                                    entity to borrow and obligate and 
                                    expend the borrowed funds, including 
                                    through the issuance of promissory 
                                    notes or other monetary credits;

                                        (iii) contract authority, which 
                                    means the making of funds available 
                                    for obligation but not for 
                                    expenditure; and

                                        (iv) offsetting receipts and 
                                    collections as negative budget 
                                    authority, and the reduction thereof 
                                    as positive budget authority.

                                (B) Limitations on budget authority.--
                            With respect to the Federal Hospital 
                            Insurance Trust Fund, the Supplementary 
                            Medical Insurance Trust Fund, the 
                            Unemployment Trust Fund, and the railroad 
                            retirement account, any amount that is 
                            precluded from obligation in a fiscal year 
                            by a provision of law (such as a limitation 
                            or a benefit formula) shall not be budget 
                            authority in that year.

                                (C) New budget authority.--The term 
                            ``new budget authority'' means, with respect 
                            to a fiscal year--

                                        (i) budget authority that first 
                                    becomes available for obligation in 
                                    that year, including budget 
                                    authority that becomes available in 
                                    that year as a result of a 
                                    reappropriation; or

                                        (ii) a change in any account in 
                                    the availability of unobligated 
                                    balances of budget authority carried 
                                    over from a prior

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                                    year, resulting from a provision of 
                                    law first effective in that year; 
                                    and includes a change in the 
                                    estimated level of new budget 
                                    authority provided in indefinite 
                                    amounts by existing law.

                            (3) The term ``tax expenditures'' means 
                        those revenue losses attributable to provisions 
                        of the Federal tax laws which allow a special 
                        exclusion, exemption, or deduction from gross 
                        income or which provide a special credit, a 
                        preferential rate of tax, or a deferral of tax 
                        liability; and the term ``tax expenditures 
                        budget'' means an enumeration of such tax 
                        expenditures.
                            (4) The term ``concurrent resolution on the 
                        budget'' means--

                                (A) a concurrent resolution setting 
                            forth the congressional budget for the 
                            United States Government for a fiscal year 
                            as provided in section 632 of this title; 
                            and

                                (B) any other concurrent resolution 
                            revising the congressional budget for the 
                            United States Government for a fiscal year 
                            as described in section 635 of this title.

                            (5) The term ``appropriation act'' means an 
                        Act referred to in section 105 of title 1.
                            (6) The term ``deficit'' means, with respect 
                        to a fiscal year, the amount by which outlays 
                        exceeds receipts during that year.
                            (7) The term ``surplus'' means, with respect 
                        to a fiscal year, the amount by which receipts 
                        exceeds outlays during that year.
                            (8) The term ``government-sponsored 
                        enterprise'' means a corporate entity created by 
                        a law of the United States that--

                                (A)(i) has a Federal charter authorized 
                            by law;

                                (ii) is privately owned, as evidenced by 
                            capital stock owned by private entities or 
                            individuals;

                                (iii) is under the direction of a board 
                            of directors, a majority of which is elected 
                            by private owners;

                                (iv) is a financial institution with 
                            power to--

                                        (I) make loans or loan 
                                    guarantees for limited purposes such 
                                    as to provide credit for specific 
                                    borrowers or one sector; and

                                        (II) raise funds by borrowing 
                                    (which does not carry the full faith 
                                    and credit of the Federal 
                                    Government) or to guarantee the debt 
                                    of others in unlimited amounts; and

                                (B)(i) does not exercise powers that are 
                            reserved to the Government as sovereign 
                            (such as the power to tax or to regulate 
                            interstate commerce);

                                (ii) does not have the power to commit 
                            the Government financially (but it may be a 
                            recipient of a loan guarantee commitment 
                            made by the Government); and

                                (iii) has employees whose salaries and 
                            expenses are paid by the enterprise and are 
                            not Federal employees subject to title 5.

                            (9) The term ``entitlement authority'' 
                        means--

                                (A) the authority to make payments 
                            (including loans and grants), the budget 
                            authority for which is not provided for in 
                            advance by appropriation Acts, to any person 
                            or government if, under the provisions of 
                            the law containing that authority, the 
                            United States is obligated to make such 
                            payments to persons

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                            or governments who meet the requirements 
                            established by that law; and

                                (B) the food stamp program.

                            (10) The term ``credit authority'' means 
                        authority to incur direct loan obligations or to 
                        incur primary loan guarantee commitments.
                            (11) The terms ``emergency'' and 
                        ``unanticipated'' have the meanings given to 
                        such terms in section 900(c) of this title. 
                        (Pub. L. 93-344, Sec. 3, July 12, 1974, 88 Stat. 
                        299; Aug. 1, 1946, ch. 724, Title I, 
                        Sec. 302(c), as added Pub. L. 95-110, Sec. 1, 
                        Sept. 20, 1977, 91 Stat. 884, renumbered Title 
                        I, Pub. L. 102-486, Title IX, Sec. 902(a)(8), 
                        Oct. 24, 1992, 106 Stat. 2944; Pub. L. 99-177, 
                        Title II, Sec. Sec. 201(a), 232(b), Dec. 12, 
                        1985, 99 Stat. 1039, 1062; Pub. L. 99-514, 
                        Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 
                        100-119, Title I, Sec. 106(a), Sept. 29, 1987, 
                        101 Stat. 780; Pub. L. 100-203, Title VIII, 
                        Sec. 8003(c), Dec. 22, 1987, 101 Stat. 1330-282; 
                        Pub. L. 101-508, Title XIII, 
                        Sec. Sec. 13112(a)(2), 13201(b)(1), 13211(a), 
                        Nov. 5, 1990, 104 Stat. 1388-607, 1388-614, 
                        1388-620; Pub. L. 105-33, Title X, Sec. 10101, 
                        Aug. 5, 1997, 111 Stat. 678; Pub. L. 112-25, 
                        Title I, Sec. 105(b), Aug. 2, 2011, 125 Stat. 
                        247.)
            
               Chapter 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

       281  Sec. 631. Timetable
                The timetable with respect to the congressional budget 
            process for any fiscal year is as follows:

------------------------------------------------------------------------
            On or before:                   Action to be completed:
------------------------------------------------------------------------
First Monday in February.............  President submits his budget.
February 15..........................  Congressional Budget Office
                                        submits report to Budget
                                        Committees.
Not later than 6 weeks after           Committees submit views and
 President submits budget.              estimates to Budget Committees.
April 1..............................  Senate Budget Committee reports
                                        concurrent resolution on the
                                        budget.
April 15.............................  Congress completes action on
                                        concurrent resolution on the
                                        budget.
May 15...............................  Annual appropriation bills may be
                                        considered in the House.
June 10..............................  House Appropriations Committee
                                        reports last annual
                                        appropriation bill.
June 15..............................  Congress completes action on
                                        reconciliation legislation.
June 30..............................  House completes action on annual
                                        appropriation bills.
October 1............................  Fiscal year begins.
------------------------------------------------------------------------

            (Pub. L. 93-344, Title III, Sec. 300, July 12, 1974, 88 
            Stat. 306; Pub. L. 99-177, Title II, Sec. 201(b), Dec. 12, 
            1985, 99 Stat. 1040; Pub. L. 101-508, Title XIII, 
            13112(a)(4), Nov. 5, 1990, 104 Stat. 1388-608; Pub. L. 105-
            33, Title X, Sec. 10104(a), Aug. 5, 1997, 111 Stat. 679.)

       282  Sec. 632. Annual adoption of concurrent resolution on the 
                budget
            (a) Content of concurrent resolution on the budget
                On or before April 15 of each year, the Congress shall 
            complete action on a concurrent resolution on the budget for 
            the fiscal year beginning on October 1 of such year. The 
            concurrent resolution shall set forth appropriate levels for 
            the fiscal year beginning on October 1 of such year and for 
            at least each of the 4 ensuing fiscal years for the 
            following--

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                            (1) totals of new budget authority and 
                        outlays;
                            (2) total Federal revenues and the amount, 
                        if any, by which the aggregate level of Federal 
                        revenues should be increased or decreased by 
                        bills and resolutions to be reported by the 
                        appropriate committees;
                            (3) the surplus or deficit in the budget;
                            (4) new budget authority and outlays for 
                        each major functional category, based on 
                        allocations of the total levels set forth 
                        pursuant to paragraph (1);
                            (5) the public debt;
                            (6) For \2\ purposes of Senate enforcement 
                        under this subchapter, outlays of the old-age, 
                        survivors, and disability insurance program 
                        established under title II of the Social 
                        Security Act [42 U.S.C. 401 et seq.] for the 
                        fiscal year of the resolution and for each of 
                        the 4 succeeding fiscal years; and
                \2\ So in original. Probably should be for.
                            (7) For \3\ purposes of Senate enforcement 
                        under this subchapter, revenues of the old-age, 
                        survivors, and disability insurance program 
                        established under title II of the Social 
                        Security Act (and the related provisions of the 
                        Internal Revenue Code of 1986 [26 U.S.C. 1 et 
                        seq.]) for the fiscal year of the resolution and 
                        for each of the 4 succeeding fiscal years.
                \3\ So in original. Probably should be for.

            The concurrent resolution shall not include the outlays and 
            revenue totals of the old-age, survivors, and disability 
            insurance program established under title II of the Social 
            Security Act or the related provisions of the Internal 
            Revenue Code of 1986 in the surplus or deficit totals 
            required by this subsection or in any other surplus or 
            deficit totals required by this subchapter.

            (b) Additional matters in concurrent resolution
                The concurrent resolution on the budget may--
                            (1) set forth, if required by subsection 
                        (f), the calendar year in which, in the opinion 
                        of the Congress, the goals for reducing 
                        unemployment set forth in section 4(b) of the 
                        Employment Act of 1946 [15 U.S.C. 1022a(b)] 
                        should be achieved;
                            (2) include reconciliation directives 
                        described in section 641 of this title;
                            (3) require a procedure under which all or 
                        certain bills or resolutions providing new 
                        budget authority or new entitlement authority 
                        for such fiscal year shall not be enrolled until 
                        the Congress has completed action on any 
                        reconciliation bill or reconciliation resolution 
                        or both required by such concurrent resolution 
                        to be reported in accordance with section 641(b) 
                        of this title;
                            (4) set forth such other matters, and 
                        require such other procedures, relating to the 
                        budget, as may be appropriate to carry out the 
                        purposes of this Act;
                            (5) include a heading entitled ``Debt 
                        Increase as Measure of Deficit'' in which the 
                        concurrent resolution shall set forth the 
                        amounts by which the debt subject to limit (in 
                        section 3101 of title 31) has increased or would 
                        increase in each of the relevant fiscal years;

[[Page 249]]

                            (6) include a heading entitled ``Display of 
                        Federal Retirement Trust Fund Balances'' in 
                        which the concurrent resolution shall set forth 
                        the balances of the Federal retirement trust 
                        funds;
                            (7) set forth procedures in the Senate 
                        whereby committee allocations, aggregates, and 
                        other levels can be revised for legislation if 
                        that legislation would not increase the deficit, 
                        or would not increase the deficit when taken 
                        with other legislation enacted after the 
                        adoption of the resolution, for the first fiscal 
                        year or the total period of fiscal years covered 
                        by the resolution;
                            (8) set forth procedures to effectuate pay-
                        as-you-go in the House of Representatives; and
                            (9) set forth direct loan obligation and 
                        primary loan guarantee commitment levels.
            (c) Consideration of procedures or matters which have effect 
                of changing any rule of House
                If the Committee on the Budget of the House of 
            Representatives reports any concurrent resolution on the 
            budget which includes any procedure or matter which has the 
            effect of changing any rule of the House of Representatives, 
            such concurrent resolution shall then be referred to the 
            Committee on Rules with instructions to report it within 
            five calendar days (not counting any day on which the House 
            is not in session). The Committee on Rules shall have 
            jurisdiction to report any concurrent resolution referred to 
            it under this paragraph with an amendment or amendments 
            changing or striking out any such procedure or matter.
            (d) Views and estimates of other committees
                Within 6 weeks after the President submits a budget 
            under section 1105(a) of title 31, or at such time as may be 
            requested by the Committee on the Budget, each committee of 
            the House of Representatives having legislative jurisdiction 
            shall submit to the Committee on the Budget of the House and 
            each committee of the Senate having legislative jurisdiction 
            shall submit to the Committee on the Budget of the Senate 
            its views and estimates (as determined by the committee 
            making such submission) with respect to all matters set 
            forth in subsections (a) and (b) which relate to matters 
            within the jurisdiction or functions of such committee. The 
            Joint Economic Committee shall submit to the Committees on 
            the Budget of both Houses its recommendations as to the 
            fiscal policy appropriate to the goals of the Employment Act 
            of 1946 [15 U.S.C. 1021 et seq.]. Any other committee of the 
            House of Representatives or the Senate may submit to the 
            Committee on the Budget of its House, and any joint 
            committee of the Congress may submit to the Committees on 
            the Budget of both Houses, its views and estimates with 
            respect to all matters set forth in subsections (a) and (b) 
            which relate to matters within its jurisdiction or 
            functions. Any Committee 1 of the House of Representatives 
            or the Senate that anticipates that the committee will 
            consider any proposed legislation establishing, amending, or 
            reauthorizing any Federal program likely to have a 
            significant budgetary impact on any State, local, or tribal 
            government, or likely to have a significant financial impact 
            on the private sector, including any legislative proposal 
            submitted by the executive branch likely to have such a 
            budgetary or financial impact, shall include its views and 
            estimates on that proposal to the Committee on the Budget of 
            the applicable House.

[[Page 250]]

            (e) Hearings and report
                (1) In general
                            In developing the concurrent resolution on 
                        the budget referred to in subsection (a) for 
                        each fiscal year, the Committee on the Budget of 
                        each House shall hold hearings and shall receive 
                        testimony from Members of Congress and such 
                        appropriate representatives of Federal 
                        departments and agencies, the general public, 
                        and national organizations as the committee 
                        deems desirable. Each of the recommendations as 
                        to short-term and medium-term goals set forth in 
                        the report submitted by the members of the Joint 
                        Economic Committee under subsection (d) may be 
                        considered by the Committee on the Budget of 
                        each House as part of its consideration of such 
                        concurrent resolution, and its report may 
                        reflect its views thereon, including its views 
                        on how the estimates of revenues and levels of 
                        budget authority and outlays set forth in such 
                        concurrent resolution are designed to achieve 
                        any goals it is recommending.
                (2) Required contents of report
                            The report accompanying the resolution shall 
                        include--

                                (A) a comparison of the levels of total 
                            new budget authority, total outlays, total 
                            revenues, and the surplus or deficit for 
                            each fiscal year set forth in the resolution 
                            with those requested in the budget submitted 
                            by the President;

                                (B) with respect to each major 
                            functional category, an estimate of total 
                            new budget authority and total outlays, with 
                            the estimates divided between discretionary 
                            and mandatory amounts;

                                (C) the economic assumptions that 
                            underlie each of the matters set forth in 
                            the resolution and any alternative economic 
                            assumptions and objectives the committee 
                            considered;

                                (D) information, data, and comparisons 
                            indicating the manner in which, and the 
                            basis on which, the committee determined 
                            each of the matters set forth in the 
                            resolution;

                                (E) the estimated levels of tax 
                            expenditures (the tax expenditures budget) 
                            by major items and functional categories for 
                            the President's budget and in the 
                            resolution; and

                                (F) allocations described in section 
                            633(a) of this title.

                (3) Additional contents of report
                            The report accompanying the resolution may 
                        include--

                                (A) a statement of any significant 
                            changes in the proposed levels of Federal 
                            assistance to State and local governments;

                                (B) an allocation of the level of 
                            Federal revenues recommended in the 
                            resolution among the major sources of such 
                            revenues;

                                (C) information, data, and comparisons 
                            on the share of total Federal budget outlays 
                            and of gross domestic product devoted to 
                            investment in the budget submitted by the 
                            President and in the resolution;

                                (D) the assumed levels of budget 
                            authority and outlays for public buildings, 
                            with a division between amounts for 
                            construction and repair and for rental 
                            payments; and

                                (E) other matters, relating to the 
                            budget and to fiscal policy, that the 
                            committee deems appropriate.

[[Page 251]]

            (f) Achievement of goals for reducing unemployment
                (1) If, pursuant to section 4(c) of the Employment Act 
            of 1946 [15 U.S.C. 1022a(c)], the President recommends in 
            the Economic Report that the goals for reducing unemployment 
            set forth in section 4(b) of such Act [15 U.S.C. 1022a(b)] 
            be achieved in a year after the close of the five-year 
            period prescribed by such subsection, the concurrent 
            resolution on the budget for the fiscal year beginning after 
            the date on which such Economic Report is received by the 
            Congress may set forth the year in which, in the opinion of 
            the Congress, such goals can be achieved.
                (2) After the Congress has expressed its opinion 
            pursuant to paragraph (1) as to the year in which the goals 
            for reducing unemployment set forth in section 4(b) of the 
            Employment Act of 1946 [15 U.S.C. 1022a(b)] can be achieved, 
            if, pursuant to section 4(e) of such Act [15 U.S.C. 
            1022a(e)], the President recommends in the Economic Report 
            that such goals be achieved in a year which is different 
            from the year in which the Congress has expressed its 
            opinion that such goals should be achieved, either in its 
            action pursuant to paragraph (1) or in its most recent 
            action pursuant to this paragraph, the concurrent resolution 
            on the budget for the fiscal year beginning after the date 
            on which such Economic Report is received by the Congress 
            may set forth the year in which, in the opinion of the 
            Congress, such goals can be achieved.
                (3) It shall be in order to amend the provision of such 
            resolution setting forth such year only if the amendment 
            thereto also proposes to alter the estimates, amounts, and 
            levels (as described in subsection (a)) set forth in such 
            resolution in germane fashion in order to be consistent with 
            the economic goals (as described in sections 3(a)(2) and 
            4(b) of the Employment Act of 1946 [15 U.S.C. 1022(a)(2), 
            1022a(b)]) which such amendment proposes can be achieved by 
            the year specified in such amendment.
            (g) Economic assumptions
                (1) It shall not be in order in the Senate to consider 
            any concurrent resolution on the budget for a fiscal year, 
            or any amendment thereto, or any conference report thereon, 
            that sets forth amounts and levels that are determined on 
            the basis of more than one set of economic and technical 
            assumptions.
                (2) The joint explanatory statement accompanying a 
            conference report on a concurrent resolution on the budget 
            shall set forth the common economic assumptions upon which 
            such joint statement and conference report are based, or 
            upon which any amendment contained in the joint explanatory 
            statement to be proposed by the conferees in the case of 
            technical disagreement, is based.
                (3) Subject to periodic reestimation based on changed 
            economic conditions or technical estimates, determinations 
            under titles III and IV of the Congressional Budget Act of 
            1974 [2 U.S.C. 631 et seq., 651 et seq.] shall be based upon 
            such common economic and technical assumptions.
            (h) Budget Committee's consultation with committees
                The Committee on the Budget of the House of 
            Representatives shall consult with the committees of its 
            House having legislative jurisdiction during the 
            preparation, consideration, and enforcement of the 
            concurrent

[[Page 252]]

            resolution on the budget with respect to all matters which 
            relate to the jurisdiction or functions of such committees.
            (i) Social security point of order
                It shall not be in order in the Senate to consider any 
            concurrent resolution on the budget (or amendment, motion, 
            or conference report on the resolution) that would decrease 
            the excess of social security revenues over social security 
            outlays in any of the fiscal years covered by the concurrent 
            resolution. No 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 unless such 
            provision changes the income tax treatment of social 
            security benefits. (Pub. L. 93-344, Title III, Sec. 301, 
            July 12, 1974, 88 Stat. 306; Pub. L. 95-523, Title III, 
            Sec. Sec. 303(a), 304, Oct. 27, 1978, 92 Stat. 1905, 1906; 
            Pub. L. 99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99 
            Stat. 1040; Pub. L. 100-119, Title I, Sec. 106(d), Title II, 
            Sec. 208(a), Sept. 29, 1987, 101 Stat. 781, 786; Pub. L. 
            100-418, Title V, Sec. 5302, Aug. 23, 1988, 102 Stat. 1462; 
            Pub. L. 101-508, Title XIII, Sec. 13112(a)(5), 13203, 13204, 
            13301(b), 13303(a), (b), Nov. 5, 1990, 104 Stat. 1388-608, 
            1388-615, 1388-616, 1388-623, 1388-625; Pub. L. 104-4, Title 
            I, Sec. 102(2), Mar. 22, 1995, 109 Stat. 62; Pub. L. 105-33, 
            Title X, Sec. 10105(a)-(f)(1), Aug. 5, 1997, 111 Stat. 679, 
            680; Pub. L. 113-67, div. A, title I, Sec. 122(1), (2), Dec. 
            26, 2013, 127 Stat. 1175.)
       283  Sec. 633. Committee allocations
            (a) Committee spending allocations
                (1) Allocation among committees
                            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--

                                (A) total new budget authority; and

                                (B) total outlays;

                    among each committee of the House of Representatives 
                    or the Senate that has jurisdiction over legislation 
                    providing or creating such amounts.
                (2) No double counting
                            In the House of Representatives, any item 
                        allocated to one committee may not be allocated 
                        to another committee.
                (3) Further division of amounts
                            (A) In the Senate

                                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.

                            (B) In the House

                                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

[[Page 253]]

                            amounts allocated to the Committee on 
                            Appropriations shall be further divided--

                                        (i) between discretionary and 
                                    mandatory amounts or programs, as 
                                    appropriate; and

                                        (ii) consistent with the 
                                    categories specified in section 
                                    900(c)(4) of this title.

                (4) Amounts not allocated
                            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.
                (5) Adjusting allocation of discretionary spending in 
            the House of Representatives
                            (A) 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.
                            (B) 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.
            (b) Suballocations by Appropriations Committees
                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.
            (c) Point of order
                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).
            (d) Subsequent concurrent resolutions
                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.

[[Page 254]]

            (e) Alteration of allocations
                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.
            (f) Legislation subject to point of order
                (1) In the House of Representatives
                            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--

                                (A) the enactment of such bill or 
                            resolution as reported;

                                (B) the adoption and enactment of such 
                            amendment; or

                                (C) 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.
                (2) In the Senate
                            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) 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

                                (B) in the case of the Committee on 
                            Appropriations, the applicable suballocation 
                            of new budget authority or outlays under 
                            subsection (b) to be exceeded.

            (g) Pay-as-you-go exception in the House
                (1) In general
                            (A) 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--

                                (i) the enactment of that bill or 
                            resolution as reported;

                                (ii) the adoption and enactment of that 
                            amendment; or

                                (iii) 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.

[[Page 255]]

                            (B) 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--

                                (i) the enactment of that bill or 
                            resolution as reported;

                                (ii) the adoption and enactment of that 
                            amendment; or

                                (iii) 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.
                (2) Revised allocations
                            (A) 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.
                            (B) 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. (Pub. L. 
                        93-344, Title III, Sec. 302, July 12, 1974, 88 
                        Stat. 308; Pub. L. 99-177, Title II, 
                        Sec. 201(b), Dec. 12, 1985, 99 Stat. 1044; Pub. 
                        L. 101-508, Title XIII, Sec. Sec. 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, Sec. 10106, Aug. 5, 1997, 111 
                        Stat. 680; Pub. L. 113-67, div. A, title I, 
                        Sec. 122(3), Dec. 26, 2013, 127 Stat. 1175.)
       284  Sec. 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 
            consider 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;

[[Page 256]]

                            (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 
                        entitlement 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 
                        reported, 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 
                        reported, 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 
                        appropriation 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 
                        budget 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 
                        appropriation 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 
                        appropriations legislation making advance 
                        appropriations 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, Sec. 303, July 12, 1974, 88 Stat. 
                        309; Pub. L. 99-177, Title II, Sec. 201(b), Dec. 
                        12, 1985, 99 Stat. 1046; Pub. L. 101-508, Title 
                        XIII, Sec. Sec. 13205, 13207(a)(1)(C), Nov. 5, 
                        1990, 104 Stat. 1388-616, 1388-617; Pub. L. 105-
                        33, Title X, Sec. 10107(a), Aug. 5, 1997, 111 
                        Stat. 683.)
       285  Sec. 635. Permissible revisions of concurrent resolutions 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 
            resolution on the budget for such fiscal year most recently 
            agreed to. (Pub. L. 93-344, Title III, Sec. 304, July 12, 
            1974, 88 Stat. 310; Pub. L. 99-177, Title II, Sec. 201(b), 
            Dec. 12, 1985, 99 Stat. 1047; Pub. L. 100-119, Title II, 
            Sec. 208(b), Sept. 29, 1987, 101 Stat. 786; Pub. L. 101-508, 
            Title XIII, Sec. 13112(a)(8), Nov. 5, 1990, 104 Stat. 1388-
            608; Pub. L. 105-33, Title X, Sec. 10108, Aug. 5, 1997, 111 
            Stat. 684.)

[[Page 257]]

       286  Sec. 636. Provisions relating to consideration of concurrent 
                resolutions on the budget
            (a) Procedure in House after report of Committee; debate
                (1) When a concurrent resolution on the budget 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 proceed to the 
            consideration of the concurrent resolution. 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 
            reconsider the vote by which the motion is agreed to or 
            disagreed to.
                (2) General debate on any concurrent resolution on the 
            budget in the House of Representatives shall be limited to 
            not more than 10 hours, which shall be divided equally 
            between the majority 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 concurrent 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 
            disagreed 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 Budget 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 levels (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 resolution 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 consistent with the goals proposed in such amendment.
                (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 considered as ordered 
            on the resolution and any amendments thereto to final 
            passage without intervening motion; except that it shall be 
            in order at any time prior to final passage (notwithstanding 
            any other rule or provision of law) to adopt an amendment 
            (or a series of amendments) changing any figure or figures 
            in the resolution as so reported to the extent necessary to 
            achieve mathematical consistency.
                (6) Debate in the House of Representatives on the 
            conference report on any concurrent resolution on the budget 
            shall be limited to not more than 5 hours, which shall be 
            divided equally between the majority and minority parties. A 
            motion further to limit debate is not debatable. A motion to 
            recommit the conference report is not in order, and it is 
            not in order to move to reconsider the vote by which the 
            conference report is agreed to or disagreed to.

[[Page 258]]

                (7) Appeals from decisions of the Chair relating to the 
            application of the Rules of the House of Representatives to 
            the procedure relating to any concurrent resolution on the 
            budget shall be decided without debate.
            (b) Procedure in Senate after report of Committee; debate; 
                amendments
                (1) Debate in the Senate on any concurrent resolution on 
            the budget, and all amendments thereto and debatable motions 
            and appeals in connection therewith, shall be limited to not 
            more than 50 hours, except that with respect to any 
            concurrent resolution referred to in section 635 of this 
            title all such debate shall be limited to not more than 15 
            hours. The time shall be equally divided between, and 
            controlled by, the majority leader and the minority leader 
            or their designees.
                (2) Debate in the Senate on any amendment to a 
            concurrent resolution on the budget shall be limited to 2 
            hours, to be equally divided between, and controlled by, the 
            mover and the manager of the concurrent resolution, and 
            debate on any amendment to an amendment, debatable motion, 
            or appeal shall be limited to 1 hour, to be equally divided 
            between, and controlled by, the mover and the manager of the 
            concurrent resolution, except that in the event the manager 
            of the concurrent resolution is in favor of any such 
            amendment, motion, or appeal, the time in opposition thereto 
            shall be controlled by the minority leader or his designee. 
            No amendment that is not germane to the provisions of such 
            concurrent resolution shall be received. Such leaders, or 
            either of them, may, from the time under their control on 
            the passage of the concurrent resolution, allot additional 
            time to any Senator during the consideration of any 
            amendment, debatable motion, or appeal.
                (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 Senate, there shall be a period of up to 
            four hours for debate on economic goals and policies.
                (4) Subject to the other limitations of this Act, only 
            if a concurrent resolution on the budget reported by the 
            Committee on the Budget of the Senate sets forth the 
            economic goals (as described in sections 1022(a)(2) and 
            1022a(b) of title 15) which the estimates, amounts, and 
            levels (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 resolution 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 consistent with 
            the goals proposed in such amendment.
                (5) A motion to further limit debate is not debatable. A 
            motion to recommit (except a motion to recommit with 
            instructions to report back within a specified number of 
            days, not to exceed 3, not counting any day on which the 
            Senate is not in session) is not in order. Debate on any 
            such motion to recommit shall be limited to 1 hour, to be 
            equally divided between, and controlled by, the mover and 
            the manager of the concurrent resolution.
                (6) Notwithstanding any other rule, an amendment or 
            series of amendments to a concurrent resolution on the 
            budget proposed in the Senate shall always be in order if 
            such amendment or series of amendments proposes to change 
            any figure or figures then contained in such concur

[[Page 259]]

            rent resolution so as to make such concurrent resolution 
            mathematically consistent or so as to maintain such 
            consistency.
            (c) Action on conference reports in Senate
                (1) A motion to proceed to the consideration of the 
            conference report on any concurrent resolution on the budget 
            (or a reconciliation bill or resolution) may be made even 
            though a previous motion to the same effect has been 
            disagreed to.
                (2) During the consideration in the Senate of the 
            conference report (or a message between Houses) on any 
            concurrent resolution on the budget, and all amendments in 
            disagreement, and all amendments thereto, and debatable 
            motions and appeals in connection therewith, debate shall be 
            limited to 10 hours, to be equally divided between, and 
            controlled by, the majority leader and minority leader or 
            their designees. Debate on any debatable motion or appeal 
            related to the conference report (or a message between 
            Houses) shall be limited to 1 hour, to be equally divided 
            between, and controlled by, the mover and the manager of the 
            conference report (or a message between Houses).
                (3) Should the conference report be defeated, debate on 
            any request for a new conference and the appointment of 
            conferees shall be limited to 1 hour, to be equally divided 
            between, and controlled by, the manager of the conference 
            report and the minority leader or his designee, and should 
            any motion be made to instruct the conferees before the 
            conferees are named, debate on such motion shall be limited 
            to one-half hour, to be equally divided between, and 
            controlled by, the mover and the manager of the conference 
            report. Debate on any amendment to any such instructions 
            shall be limited to 20 minutes, to be equally divided 
            between and controlled by the mover and the manager of the 
            conference report. In all cases when the manager of the 
            conference report is in favor of any motion, appeal, or 
            amendment, the time in opposition shall be under the control 
            of the minority leader or his designee.
                (4) In any case in which there are amendments in 
            disagreement, time on each amendment shall be limited to 30 
            minutes, to be equally divided between, and controlled by, 
            the manager of the conference report and the minority leader 
            or his designee. No amendment that is not germane to the 
            provisions of such amendments shall be received.
            (d) Concurrent resolution must be consistent in Senate
                It shall not be in order in the Senate to vote on the 
            question of agreeing to--
                            (1) a concurrent resolution on the budget 
                        unless the figures then contained in such 
                        resolution are mathematically consistent; or
                            (2) a conference report on a concurrent 
                        resolution on the budget unless the figures 
                        contained in such resolution, as recommended in 
                        such conference report, are mathematically 
                        consistent. (Pub. L. 93-344, Title III, 
                        Sec. 305, July 12, 1974, 88 Stat. 310; Pub. L. 
                        95-523, Title III, Sec. 303(b), (c), Oct. 27, 
                        1978, 92 Stat. 1905, 1906; Pub. L. 99-177, Title 
                        II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1047; 
                        Pub. L. 100-119, Title II, Sec. 209, Sept. 29, 
                        1987, 101 Stat. 787; Pub. L. 100-203 Title VIII, 
                        Sec. 8003(d), Dec. 22, 1987, 101 Stat. 1330-282; 
                        Pub. L. 101-508, Title XIII, Sec. 13209, 
                        13210(1), Nov. 5, 1990, 104 Stat. 1388-619, 
                        1388-620; Pub. L. 105-33, Title X, 
                        Sec. 10109(a), Aug. 5, 1997, 111 Stat. 684; Pub. 
                        L. 113-67, div. A, title I, 122(4)-(6), Dec. 26, 
                        2013, 127 Stat. 1175. )

[[Page 260]]

       287  Sec. 637. Legislation dealing with Congressional budget must 
                be handled by Budget Committees
            (a) In the Senate
                In the Senate, no bill, resolution, amendment, motion, 
            or conference report, dealing with any matter which is 
            within the jurisdiction of the Committee on the Budget shall 
            be considered unless it is a bill or resolution which has 
            been reported by the Committee on the Budget (or from the 
            consideration of which such committee has been discharged) 
            or unless it is an amendment to such a bill or resolution.
            (b) In the House of Representatives
                In the House of Representatives, no bill or joint 
            resolution, or amendment thereto, or conference report 
            thereon, dealing with any matter which is within the 
            jurisdiction of the Committee on the Budget shall be 
            considered unless it is a bill or joint resolution which has 
            been reported by the Committee on the Budget (or from the 
            consideration of which such committee has been discharged) 
            or unless it is an amendment to such a bill or joint 
            resolution. (Pub. L. 93-344, Title III, Sec. 306, July 12, 
            1974, 88 Stat. 313; Pub. L. 99-177, Title II, Sec. 201(b), 
            Dec. 12, 1985, 99 Stat. 1050; Pub. L. 101-508, Title XIII, 
            Sec. 13207(a)(1)(D), Nov. 5, 1990, 104 Stat. 1388-617; Pub. 
            L. 113-67, div. A, title I, Sec. 122(7), Dec. 26, 2013, 127 
            Stat. 1175.)

                                    * * * * * * *

       288  Sec. 639. Reports, summaries, and projections of 
                Congressional budget actions
            (a) Legislation providing new budget authority or providing 
                increase or decrease in revenues or tax expenditures
                (1) Whenever a committee of either House reports to its 
            House a bill or joint resolution, or committee amendment 
            thereto, providing new budget authority (other than 
            continuing appropriations) or providing an increase or 
            decrease in revenues or tax expenditures for a fiscal year 
            (or fiscal years), the report accompanying that bill or 
            joint resolution shall contain a statement, or the committee 
            shall make available such a statement in the case of an 
            approved committee amendment which is not reported to its 
            House, prepared after consultation with the Director of the 
            Congressional Budget Office--
                            (A) comparing the levels in such measure to 
                        the appropriate allocations in the reports 
                        submitted under section 633(b) of this title for 
                        the most recently agreed to concurrent 
                        resolution on the budget for such fiscal year 
                        (or fiscal years);
                            (B) containing a projection by the 
                        Congressional Budget Office of how such measure 
                        will affect the levels of such budget authority, 
                        budget outlays, revenues, or tax expenditures 
                        under existing law for such fiscal year (or 
                        fiscal years) and each of the four ensuing 
                        fiscal years, if timely submitted before such 
                        report is filed; and
                            (C) containing an estimate by the 
                        Congressional Budget Office of the level of new 
                        budget authority for assistance to State and 
                        local governments provided by such measure, if 
                        timely submitted before such report is filed.
                (2) Whenever a conference report is filed in either 
            House and such conference report or any amendment reported 
            in disagreement or any

[[Page 261]]

            amendment contained in the joint statement of managers to be 
            proposed by the conferees in the case of technical 
            disagreement on such bill or joint resolution provides new 
            budget authority (other than continuing appropriations) or 
            provides an increase or decrease in revenues for a fiscal 
            year (or fiscal years), the statement of managers 
            accompanying such conference report shall contain the 
            information described in paragraph (1), if available on a 
            timely basis. If such information is not available when the 
            conference report is filed, the committee shall make such 
            information available to Members as soon as practicable 
            prior to the consideration of such conference report.
                (3) CBO PAYGO estimates.--
                            (A) The Chairs of the Committees on the 
                        Budget of the House and Senate, as applicable, 
                        shall request from the Director of the 
                        Congressional Budget Office an estimate of the 
                        budgetary effects of PAYGO legislation.
                            (B) Estimates shall be prepared using 
                        baseline estimates supplied by the Congressional 
                        Budget Office, consistent with section 907 of 
                        this title.
                            (C) The Director shall not count timing 
                        shifts, as that term is defined at section 
                        932(8) of this title, in estimates of the 
                        budgetary effects of PAYGO Legislation.
            (b) Up-to-date tabulations of Congressional budget action
                (1) The Director of the Congressional Budget Office 
            shall issue to the committees of the House of 
            Representatives and the Senate reports on at least a monthly 
            basis detailing and tabulating the progress of congressional 
            action on bills and joint resolutions providing new budget 
            authority or providing an increase or decrease in revenues 
            or tax expenditures for each fiscal year covered by a 
            concurrent resolution on the budget. Such reports shall 
            include but are not limited to an up-to-date tabulation 
            comparing the appropriate aggregate and functional levels 
            (including outlays) included in the most recently adopted 
            concurrent resolution on the budget with the levels provided 
            in bills and joint resolutions reported by committees or 
            adopted by either House or by the Congress, and with the 
            levels provided by law for the fiscal year preceding the 
            first fiscal year covered by the appropriate concurrent 
            resolution.
                (2) The Committee on the Budget of each House shall make 
            available to Members of its House summary budget 
            scorekeeping reports. Such reports--
                            (A) shall be made available on at least a 
                        monthly basis, but in any case frequently enough 
                        to provide Members of each House an accurate 
                        representation of the current status of 
                        congressional consideration of the budget;
                            (B) shall include, but are not limited to, 
                        summaries of tabulations provided under 
                        subsection (b)(1); and
                            (C) shall be based on information provided 
                        under subsection (b)(1) without substantive 
                        revision.

            The chairman of the Committee on the Budget of the House of 
            Representatives shall submit such reports to the Speaker.

[[Page 262]]

            (c) Five-year projection of Congressional budget action
                As soon as practicable after the beginning of each 
            fiscal year, the Director of the Congressional Budget Office 
            shall issue a report projecting for the period of 5 fiscal 
            years beginning with such fiscal year--
                            (1) total new budget authority and total 
                        budget outlays for each fiscal year in such 
                        period;
                            (2) revenues to be received and the major 
                        sources thereof, and the surplus or deficit, if 
                        any, for each fiscal year in such period;
                            (3) tax expenditures for each fiscal year in 
                        such period; and
                            (4) entitlement authority for each fiscal 
                        year in such period.
            (d) Scorekeeping guidelines
                Estimates under this section shall be provided in 
            accordance with the scorekeeping guidelines determined under 
            section 902(d)(5) of this title. (Pub. L. 93-344, Title III, 
            Sec. 308, July 12, 1974, 88 Stat. 313; Pub. L. 99-177, Title 
            II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1051; Pub. L. 101-
            508, Title XIII, Sec. 13206, Nov. 5, 1990, 104 Stat. 1388-
            617; Pub. L. 105-33, Title X, Sec. 10110, Aug. 5, 1997, 111 
            Stat. 685; Pub. L. 111-139, Title I, Sec. 4(b), Feb. 12, 
            2010, 124 Stat. 11; Pub. L. 113-67, div. A, Title I, 
            Sec. 122(8), Dec. 26, 2013, 127 Stat. 1175.)

                                    * * * * * * *

       289  Sec. 641. Reconciliation
            (a) Inclusion of reconciliation directives in concurrent 
                resolutions on the budget
                A concurrent resolution on the budget for any fiscal 
            year, to the extent necessary to effectuate the provisions 
            and requirements of such resolution, shall--
                            (1) specify the total amount by which--

                                (A) new budget authority for such fiscal 
                            year;

                                (B) budget authority initially provided 
                            for prior fiscal years;

                                (C) new entitlement authority which is 
                            to become effective during such fiscal year; 
                            and

                                (D) credit authority for such fiscal 
                            year, contained in laws, bills, and 
                            resolutions within the jurisdiction of a 
                            committee, is to be changed and direct that 
                            committee to determine and recommend changes 
                            to accomplish a change of such total amount;

                            (2) specify the total amount by which 
                        revenues are to be changed and direct that the 
                        committees having jurisdiction to determine and 
                        recommend changes in the revenue laws, bills, 
                        and resolutions to accomplish a change of such 
                        total amount;
                            (3) specify the amounts by which the 
                        statutory limit on the public debt is to be 
                        changed and direct the committee having 
                        jurisdiction to recommend such change; or
                            (4) specify and direct any combination of 
                        the matters described in paragraphs (1), (2), 
                        and (3) (including a direction to achieve 
                        deficit reduction).
            (b) Legislative procedure
                If a concurrent resolution containing directives to one 
            or more committees to determine and recommend changes in 
            laws, bills, or resolutions is agreed to in accordance with 
            subsection (a), and--

[[Page 263]]

                            (1) only one committee of the House or the 
                        Senate is directed to determine and recommend 
                        changes, that committee shall promptly make such 
                        determination and recommendations and report to 
                        its House reconciliation legislation containing 
                        such recommendations; or
                            (2) more than one committee of the House or 
                        the Senate is directed to determine and 
                        recommend changes, each such committee so 
                        directed shall promptly make such determination 
                        and recommendations and submit such 
                        recommendations to the Committee on the Budget 
                        of its House, which, upon receiving all such 
                        recommendations, shall report to its House 
                        reconciliation legislation carrying out all such 
                        recommendations without any substantive 
                        revision.

            For purposes of this subsection, a reconciliation resolution 
            is a concurrent resolution directing the Clerk of the House 
            of Representatives or the Secretary of the Senate, as the 
            case may be, to make specified changes in bills and 
            resolutions which have not been enrolled.

            (c) Compliance with reconciliation directions
                (1) Any committee of the House of Representatives or the 
            Senate that is directed, pursuant to a concurrent resolution 
            on the budget, to determine and recommend changes of the 
            type described in paragraphs (1) and (2) of subsection (a) 
            with respect to laws within its jurisdiction, shall be 
            deemed to have complied with such directions--
                            (A) if--

                                (i) the amount of the changes of the 
                            type described in paragraph (1) of such 
                            subsection recommended by such committee do 
                            not exceed or fall below the amount of the 
                            changes such committee was directed by such 
                            concurrent resolution to recommend under 
                            that paragraph by more than--

                                        (I) in the Senate, 20 percent of 
                                    the total of the amounts of the 
                                    changes such committee was directed 
                                    to make under paragraphs (1) and (2) 
                                    of such subsection; or

                                        (II) in the House of 
                                    Representatives, 20 percent of the 
                                    sum of the absolute value of the 
                                    changes the committee was directed 
                                    to make under paragraph (1) and the 
                                    absolute value of the changes the 
                                    committee was directed to make under 
                                    paragraph (2); and

                                (ii) the amount of the changes of the 
                            type described in paragraph (2) of such 
                            subsection recommended by such committee do 
                            not exceed or fall below the amount of the 
                            changes such committee was directed by such 
                            concurrent resolution to recommend under 
                            that paragraph by more than--

                                        (I) in the Senate, 20 percent of 
                                    the total of the amounts of the 
                                    changes such committee was directed 
                                    to make under paragraphs (1) and (2) 
                                    of such subsection; or

                                        (II) in the House of 
                                    Representatives, 20 percent of the 
                                    sum of the absolute value of the 
                                    changes the committee was directed 
                                    to make under paragraph (1) and the 
                                    absolute value of the changes the 
                                    committee was directed to make under 
                                    paragraph (2); and

                            (B) if the total amount of the changes 
                        recommended by such committee is not less than 
                        the total of the amounts of the changes such 
                        committee was directed to make under paragraphs 
                        (1) and (2) of such subsection.

[[Page 264]]

                (2)(A) Upon the reporting to the Committee on the Budget 
            of the Senate of a recommendation that shall be deemed to 
            have complied with such directions solely by virtue of this 
            subsection, the chairman of that committee may file with the 
            Senate appropriately revised allocations under section 
            633(a) of this title and revised functional levels and 
            aggregates to carry out this subsection.
                (B) Upon the submission to the Senate of a conference 
            report recommending a reconciliation bill or resolution in 
            which a committee shall be deemed to have complied with such 
            directions solely by virtue of this subsection, the chairman 
            of the Committee on the Budget of the Senate may file with 
            the Senate appropriately revised allocations under section 
            633(a) of this title and revised functional levels and 
            aggregates to carry out this subsection.
                (C) Allocations, functional levels, and aggregates 
            revised pursuant to this paragraph shall be considered to be 
            allocations, functional levels, and aggregates contained in 
            the concurrent resolution on the budget pursuant to section 
            632 of this title.
                (D) Upon the filing of revised allocations pursuant to 
            this paragraph, the reporting committee shall report revised 
            allocations pursuant to section 633(b) of this title to 
            carry out this subsection.
            (d) Limitation on amendments to reconciliation bills and 
                resolutions
                (1) It shall not be in order in the House of 
            Representatives to consider any amendment to a 
            reconciliation bill or reconciliation resolution if such 
            amendment would have the effect of increasing any specific 
            budget outlays above the level of such outlays provided in 
            the bill or resolution (for the fiscal years covered by the 
            reconciliation instructions set forth in the most recently 
            agreed to concurrent resolution on the budget), or would 
            have the effect of reducing any specific Federal revenues 
            below the level of such revenues provided in the bill or 
            resolution (for such fiscal years), unless such amendment 
            makes at least an equivalent reduction in other specific 
            budget outlays, an equivalent increase in other specific 
            Federal revenues, or an equivalent combination thereof (for 
            such fiscal years), except that a motion to strike a 
            provision providing new budget authority or new entitlement 
            authority may be in order.
                (2) It shall not be in order in the Senate to consider 
            any amendment to a reconciliation bill or reconciliation 
            resolution if such amendment would have the effect of 
            decreasing any specific budget outlay reductions below the 
            level of such outlay reductions provided (for the fiscal 
            years covered) in the reconciliation instructions which 
            relate to such bill or resolution set forth in a resolution 
            providing for reconciliation, or would have the effect of 
            reducing Federal revenue increases below the level of such 
            revenue increases provided (for such fiscal years) in such 
            instructions relating to such bill or resolution, unless 
            such amendment makes a reduction in other specific budget 
            outlays, an increase in other specific Federal revenues, or 
            a combination thereof (for such fiscal years) at least 
            equivalent to any increase in outlays or decrease in 
            revenues provided by such amendment, except that a motion to 
            strike a provision shall always be in order.
                (3) Paragraphs (1) and (2) shall not apply if a 
            declaration of war by the Congress is in effect.
                (4) For purposes of this section, the levels of budget 
            outlays and Federal revenues for a fiscal year shall be 
            determined on the basis

[[Page 265]]

            of estimates made by the Committee on the Budget of the 
            House of Representatives or of the Senate, as the case may 
            be.
                (5) The Committee on Rules of the House of 
            Representatives may make in order amendments to achieve 
            changes specified by reconciliation directives contained in 
            a concurrent resolution on the budget if a committee or 
            committees of the House fail to submit recommended changes 
            to its Committee on the Budget pursuant to its instruction.
            (e) Procedure in Senate
                (1) Except as provided in paragraph (2), the provisions 
            of section 636 of this title for the consideration in the 
            Senate of concurrent resolutions on the budget and 
            conference reports thereon shall also apply to the 
            consideration in the Senate of reconciliation bills reported 
            under subsection (b) and conference reports thereon.
                (2) Debate in the Senate on any reconciliation bill 
            reported under subsection (b), and all amendments thereto 
            and debatable motions and appeals in connection therewith, 
            shall be limited to not more than 20 hours.
            (f) Completion of reconciliation process
                It shall not be in order in the House of Representatives 
            to consider any resolution providing for an adjournment 
            period of more than three calendar days during the month of 
            July until the House of Representatives has completed action 
            on the reconciliation legislation for the fiscal year 
            beginning on October 1 of the calendar year to which the 
            adjournment resolution pertains, if reconciliation 
            legislation is required to be reported by the concurrent 
            resolution on the budget for such fiscal year.
            (g) Limitation on changes to Social Security Act
                Notwithstanding any other provision of law, it shall not 
            be in order in the Senate or the House of Representatives to 
            consider any reconciliation bill or reconciliation 
            resolution reported pursuant to a concurrent resolution on 
            the budget agreed to under section 632 or 635 of this title, 
            or a joint resolution pursuant to section 907d of this 
            title, or any amendment thereto or conference report 
            thereon, that contains recommendations with respect to the 
            old-age, survivors, and disability insurance program 
            established under title II of the Social Security Act [42 
            U.S.C. 401 et seq.]. (Pub. L. 93-344, Title III, Sec. 310, 
            July 12, 1974, 88 Stat. 315; Pub. L. 99-177, Title II, 
            Sec. 201(b), Dec. 12, 1985, 99 Stat. 1053; Pub. L. 101-508, 
            Title XIII, Sec. Sec. 13112(a)(9), 13207(c), (d), 13210(2), 
            Nov. 5, 1990, 104 Stat. 1388-608, 1388-618 to 1388-620; Pub. 
            L. 105-33, Title X, Sec. 10111, Aug. 5, 1997, 111 Stat. 685; 
            Pub. L. 113-67, div. A, Title I, Sec. 122(9), Dec. 26, 2013, 
            127 Stat. 1175.)
       290  Sec. 642. Budget-related legislation must be within 
                appropriate levels
            (a) Enforcement of budget aggregates
                (1) In House of Representatives
                            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--

                                (A) the enactment of that bill or 
                            resolution as reported;

[[Page 266]]

                                (B) the adoption and enactment of that 
                            amendment; or

                                (C) 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.
                (2) In Senate
                            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--

                                (A) 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

                                (B) 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.

                (3) Enforcement of social security levels in Senate
                            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.
            (b) Social security levels
                (1) In general
                            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.
                (2) Tax treatment
                            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.
            (c) Exception in House of Representatives
                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--
                            (1) the enactment of that bill or resolution 
                        as reported;
                            (2) the adoption and enactment of that 
                        amendment; or

[[Page 267]]

                            (3) 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. (Pub. L. 93-344, Title III, 
            Sec. 311, July 12, 1974, 88 Stat. 316; Pub. L. 99-177, Title 
            II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1055; Pub. L. 100-
            119, Title I, Sec. 106(e)(1), Sept. 29, 1987, 101 Stat. 781; 
            Pub. L. 101-508, Title XIII, Sec. Sec. 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, Sec. 10112(a), 
            Aug. 5, 1997, 111 Stat. 686.)

       291  Sec. 643. Determinations and points of order
            (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.

[[Page 268]]

            (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. (Pub. L. 93-344, Title III, Sec. 312, as 
            added Pub. L. 101-508, Title XIII, Sec. 13207(b)(1), Nov. 5, 
            1990, 104 Stat. 1388-618, and amended Pub. L. 105-33, Title 
            X, Sec. 10113(a), Aug. 5, 1997, 111 Stat. 687.)
       292  Sec. 644. Extraneous matter in reconciliation legislation
            (a) In general
                When the Senate is considering a reconciliation bill or 
            a reconciliation resolution pursuant to section 641 of this 
            title (whether that bill or resolution originated in the 
            Senate or the House) or section 907d of this title, upon a 
            point of order being made by any Senator against material 
            extraneous to the instructions to a committee which is 
            contained in any title or provision of the bill or 
            resolution or offered as an amendment to the bill or 
            resolution, and the point of order is sustained by the 
            Chair, any part of said title or provision that contains 
            material extraneous to the instructions to said Committee as 
            defined in subsection (b) shall be deemed stricken from the 
            bill and may not be offered as an amendment from the floor.
            (b) Extraneous provisions
                (1)(A) Except as provided in paragraph (2), a provision 
            of a reconciliation bill or reconciliation resolution 
            considered pursuant to section 641 of this title shall be 
            considered extraneous if such provision does not produce a 
            change in outlays or revenues, including changes in outlays 
            and revenues brought about by changes in the terms and 
            conditions under which outlays are made or revenues are 
            required to be collected (but a provision in which outlay 
            decreases or revenue increases exactly offset outlay 
            increases or revenue decreases shall not be considered 
            extraneous by virtue of this subparagraph); (B) any 
            provision producing an increase in outlays or decrease in 
            revenues shall be considered extraneous if the net effect of 
            provisions reported by the committee reporting the title 
            containing the provision is that the committee fails to 
            achieve its reconciliation instructions; (C) a provision 
            that is not in the jurisdiction of the committee with 
            jurisdiction over said title or provision shall be 
            considered extraneous; (D) a provision shall be considered 
            extraneous if it produces changes in outlays or revenues 
            which are merely incidental to the non-budgetary components 
            of the provision; (E) a provision shall be considered to be 
            extraneous if it increases, or would increase, net outlays, 
            or if it decreases, or would decrease, revenues during a 
            fiscal year after the fiscal years covered by such 
            reconciliation bill or reconciliation resolution, and such 
            increases or decreases are greater than outlay

[[Page 269]]

            reductions or revenue increases resulting from other 
            provisions in such title in such year; and (F) a provision 
            shall be considered extraneous if it violates section 641(g) 
            of this title.
                (2) A Senate-originated provision shall not be 
            considered extraneous under paragraph (1)(A) if the Chairman 
            and Ranking Minority Member of the Committee on the Budget 
            and the Chairman and Ranking Minority Member of the 
            Committee which reported the provision certify that: (A) the 
            provision mitigates direct effects clearly attributable to a 
            provision changing outlays or revenues and both provisions 
            together produce a net reduction in the deficit; (B) the 
            provision will result in a substantial reduction in outlays 
            or a substantial increase in revenues during fiscal years 
            after the fiscal years covered by the reconciliation bill or 
            reconciliation resolution; (C) a reduction of outlays or an 
            increase in revenues is likely to occur as a result of the 
            provision, in the event of new regulations authorized by the 
            provision or likely to be proposed, court rulings on pending 
            litigation, or relationships between economic indices and 
            stipulated statutory triggers pertaining to the provision, 
            other than the regulations, court rulings or relationships 
            currently projected by the Congressional Budget Office for 
            scorekeeping purposes; or (D) such provision will be likely 
            to produce a significant reduction in outlays or increase in 
            revenues but, due to insufficient data, such reduction or 
            increase cannot be reliably estimated.
                (3) A provision reported by a committee shall not be 
            considered extraneous under paragraph (1)(C) if (A) the 
            provision is an integral part of a provision or title, which 
            if introduced as a bill or resolution would be referred to 
            such committee, and the provision sets forth the procedure 
            to carry out or implement the substantive provisions that 
            were reported and which fall within the jurisdiction of such 
            committee; or (B) the provision states an exception to, or a 
            special application of, the general provision or title of 
            which it is a part and such general provision or title if 
            introduced as a bill or resolution would be referred to such 
            committee.
            (c) Extraneous materials
                Upon the reporting or discharge of a reconciliation bill 
            or resolution pursuant to section 641 of this title in the 
            Senate, and again upon the submission of a conference report 
            on such a reconciliation bill or resolution, the Committee 
            on the Budget of the Senate shall submit for the record a 
            list of material considered to be extraneous under 
            subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this 
            section to the instructions of a committee as provided in 
            this section. The inclusion or exclusion of a provision 
            shall not constitute a determination of extraneousness by 
            the Presiding Officer of the Senate.
            (d) Conference reports
                When the Senate is considering a conference report on, 
            or an amendment between the Houses in relation to, a 
            reconciliation bill or reconciliation resolution pursuant to 
            section 641 of this title, upon--
                            (1) a point of order being made by any 
                        Senator against extraneous material meeting the 
                        definition of subsections (b)(1)(A), (b)(1)(B), 
                        (b)(1)(D), (b)(1)(E), or (b)(1)(F), and
                            (2) such point of order being sustained,

            such material contained in such conference report or 
            amendment shall be deemed stricken, and the Senate shall 
            proceed, without intervening

[[Page 270]]

            action or motion, to consider the question of whether the 
            Senate shall recede from its amendment and concur with a 
            further amendment, or concur in the House amendment with a 
            further amendment, as the case may be, which further 
            amendment shall consist of only that portion of the 
            conference report or House amendment, as the case may be, 
            not so stricken. Any such motion in the Senate shall be 
            debatable for two hours. In any case in which such point of 
            order is sustained against a conference report (or Senate 
            amendment derived from such conference report by operation 
            of this subsection), no further amendment shall be in order.

            (e) General point of order
                Notwithstanding any other law or rule of the Senate, it 
            shall be in order for a Senator to raise a single point of 
            order that several provisions of a bill, resolution, 
            amendment, motion, or conference report violate this 
            section. The Presiding Officer may sustain the point of 
            order as to some or all of the provisions against which the 
            Senator raised the point of order. If the Presiding Officer 
            so sustains the point of order as to some of the provisions 
            (including provisions of an amendment, motion, or conference 
            report) against which the Senator raised the point of order, 
            then only those provisions (including provisions of an 
            amendment, motion, or conference report) against which the 
            Presiding Officer sustains the point of order shall be 
            deemed stricken pursuant to this section. Before the 
            Presiding Officer rules on such a point of order, any 
            Senator may move to waive such a point of order as it 
            applies to some or all of the provisions against which the 
            point of order was raised. Such a motion to waive is 
            amendable in accordance with the rules and precedents of the 
            Senate. After the Presiding Officer rules on such a point of 
            order, any Senator may appeal the ruling of the Presiding 
            Officer on such a point of order as it applies to some or 
            all of the provisions on which the Presiding Officer ruled. 
            (Pub. L. 93-344, Title III, Sec. 313, as added and amended 
            Pub. L. 101-508, Title XIII, Sec. 13214(a)-(b)(4), Nov. 5, 
            1990, 104 Stat. 1388-621, 1388-622; Pub. L. 105-33, Title X, 
            Sec. 10113(b)(1), Aug. 5, 1997, 111 Stat. 688.)
       293  Sec. 645. Adjustments
            (a) Adjustments
                After the reporting of a bill or joint resolution or the 
            offering of an amendment thereto or the submission of a 
            conference report thereon, the chairman of the Committee on 
            the Budget of the House of Representatives or the Senate may 
            make appropriate budgetary adjustments of new budget 
            authority and the outlays flowing therefrom in the same 
            amount as required by section 901(b) of this title.
            (b) Application of adjustments
                The adjustments made pursuant to subsection (a) for 
            legislation shall--
                            (1) apply while that legislation is under 
                        consideration;
                            (2) take effect upon the enactment of that 
                        legislation; and
                            (3) be published in the Congressional Record 
                        as soon as practicable.

[[Page 271]]

            (c) Reporting revised suballocations
                Following any adjustment made under subsection (a), the 
            Committees on Appropriations of the Senate and the House of 
            Representatives may report appropriately revised 
            suballocations under section 633(b) of this title to carry 
            out this section.
            (d) Emergencies in the House of Representatives
                            (1) In the House of Representatives, if a 
                        reported bill or joint resolution, or amendment 
                        thereto or conference report thereon, contains a 
                        provision providing new budget authority and 
                        outlays or reducing revenue, and a designation 
                        of such provision as an emergency requirement 
                        pursuant to 901(b)(2)(A) of this title, the 
                        chair of the Committee on the Budget of the 
                        House of Representatives shall not count the 
                        budgetary effects of such provision for purposes 
                        of this subchapter and subchapter II and the 
                        Rules of the House of Representatives.
                            (2)(A) In the House of Representatives, a 
                        proposal to strike a designation under paragraph 
                        (1) shall be excluded from an evaluation of 
                        budgetary effects for purposes of this 
                        subchapter and subchapter II and the Rules of 
                        the House of Representatives.
                              (B) An amendment offered under 
                              subparagraph (A) that also proposes to 
                              reduce each amount appropriated or 
                              otherwise made available by the pending 
                              measure that is not required to be 
                              appropriated or otherwise made available 
                              shall be in order at any point in the 
                              reading of the pending measure.
                  
            (e) Senate point of order against an emergency designation
                            (1) In general
                When the Senate is considering a bill, resolution, 
            amendment, motion, amendment between the Houses, or 
            conference report, if a point of order is made by a Senator 
            against an emergency designation in that measure, that 
            provision making such a designation shall be stricken from 
            the measure and may not be offered as an amendment from the 
            floor.
                            (2) Supermajority waiver and appeals

                                        (A) Waiver

                                                Paragraph (1) may be 
                                            waived or suspended in the 
                                            Senate only by an 
                                            affirmative vote of three-
                                            fifths of the Members, duly 
                                            chosen and sworn.

                                        (B) Appeals

                                                Appeals in the Senate 
                                            from the decisions of the 
                                            Chair relating to any 
                                            provision of this subsection 
                                            shall be limited to 1 hour, 
                                            to be equally divided 
                                            between, and controlled by, 
                                            the appellant and the 
                                            manager of the bill or joint 
                                            resolution, as the case may 
                                            be. An affirmative vote of 
                                            three-fifths of the Members 
                                            of the Senate, duly chosen 
                                            and sworn, shall be required 
                                            to sustain an appeal of the 
                                            ruling of the Chair on a 
                                            point of order raised under 
                                            this subsection.

                            (3) Definition of an emergency designation
                For purposes of paragraph (1), a provision shall be 
            considered an emergency designation if it designates any 
            item pursuant to section 901(b)(2)(A)(i) of this title.

[[Page 272]]

                            (4) Form of the point of order
                A point of order under paragraph (1) may be raised by a 
            Senator as provided in section 644(e) of this title.
                            (5) Conference reports
                When the Senate is considering a conference report on, 
            or an amendment between the Houses in relation to, a bill, 
            upon a point of order being made by any Senator pursuant to 
            this section, and such point of order being sustained, such 
            material contained in such conference report shall be deemed 
            stricken, and the Senate shall proceed to consider the 
            question of whether the Senate shall recede from its 
            amendment and concur with a further amendment, or concur in 
            the House amendment with a further amendment, as the case 
            may be, which further amendment shall consist of only that 
            portion of the conference report or House amendment, as the 
            case may be, not so stricken. Any such motion in the Senate 
            shall be debatable. In any case in which such point of order 
            is sustained against a conference report (or Senate 
            amendment derived from such conference report by operation 
            of this subsection), no further amendment shall be in order.
            (f) Enforcement of discretionary spending caps
                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 that would cause the 
            discretionary spending limits as set forth in section 901 of 
            this title to be exceeded.
            (g) Adjustment for reemployment services and eligibility 
                assessments
                            (1) In general

                                        (A) Adjustments

                                                If the Committee on 
                                            Appropriations of either 
                                            House reports an 
                                            appropriation measure for 
                                            any of fiscal years 2022 
                                            through 2027 that provides 
                                            budget authority for grants 
                                            under section 506 of title 
                                            42, or if a conference 
                                            committee submits a 
                                            conference report thereon, 
                                            the chairman of the 
                                            Committee on the Budget of 
                                            the House of Representatives 
                                            or the Senate shall make the 
                                            adjustments referred to in 
                                            subparagraph (B) to reflect 
                                            the additional new budget 
                                            authority provided for such 
                                            grants in that measure or 
                                            conference report and the 
                                            outlays resulting therefrom, 
                                            consistent with subparagraph 
                                            (D).

                                        (B) Types of adjustments

                                                The adjustments referred 
                                            to in this subparagraph 
                                            consist of adjustments to--

                                          (i) the discretionary spending 
                                    limits for that fiscal year as set 
                                    forth in the most recently adopted 
                                    concurrent resolution on the budget;

                                          (ii) the allocations to the 
                                    Committees on Appropriations of the 
                                    Senate and the House of 
                                    Representatives for that fiscal year 
                                    under section 633(a) of this title; 
                                    and

                                          (iii) the appropriate budget 
                                    aggregates for that fiscal year in 
                                    the most recently adopted concurrent 
                                    resolution on the budget.

[[Page 273]]

                                        (C) Enforcement

                                                The adjusted 
                                            discretionary spending 
                                            limits, allocations, and 
                                            aggregates under this 
                                            paragraph shall be 
                                            considered the appropriate 
                                            limits, allocations, and 
                                            aggregates for purposes of 
                                            congressional enforcement of 
                                            this Act and concurrent 
                                            budget resolutions under 
                                            this Act.

                                        (D) Limitation

                                                No adjustment may be 
                                            made under this subsection 
                                            in excess of--

                                          (i) for fiscal year 2022, 
                                    $133,000,000;

                                          (ii) for fiscal year 2023, 
                                    $258,000,000;

                                          (iii) for fiscal year 2024, 
                                    $433,000,000;

                                          (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 
                                            ``additional 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 paragraph (1), the 
            Committees on Appropriations of the Senate and the House of 
            Representatives may report appropriately revised 
            suballocations pursuant to section 633(b) of this title to 
            carry out this subsection. (Pub. L. 93-344, Title III, 
            Sec. 314, as added Pub. L. 105-33, Title X, Sec. 10114(a), 
            Aug. 5, 1997, 111 Stat. 688; amended Pub. L. 105-89, Title 
            II, Sec. 201(b)(2), Nov. 19, 1997, 111 Stat. 2125; Pub. L. 
            112-25, Title I, Sec. 105(a), Aug. 2, 2011, 125 Stat. 246; 
            Pub. L. 112-78, Title V, Sec. 511, Dec. 23, 2011, 125 Stat. 
            1291; Pub. L. 113-67, div. A, Title I, Sec. 122(10), Dec. 
            26, 2013, 127 Stat. 1176; Pub. L. 115-123, div. C, Title II, 
            Sec. 30206(d), Feb. 9, 2018, 132 Stat. 131.)

                                    * * * * * * *

       294  Sec. 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 Representatives only, as 
            reported), amendment, motion, 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 chapter 
                        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

[[Page 274]]

            fiscal year only to the extent or in the amounts provided in 
            advance in appropriation Acts.

            (b) Legislation providing new entitlement authority
                (1) Point of order.--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 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 Representatives or 
            the Senate reports any bill or resolution which provides new 
            entitlement authority which is to become effective during a 
            fiscal year and the amount of new budget authority 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 Appropriations 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 automatically be discharged from further consideration 
            of such bill or resolution and such bill or resolution 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 
                        Social 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 general 
                        fund of the Treasury) equivalent to amounts of 
                        taxes (related to the purposes for which such 
                        outlays are or will be made) received in the 
                        Treasury under specified provisions 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 
                        purpose.

[[Page 275]]

                (3) In the House of Representatives, subsections (a) and 
            (b) shall not apply to new authority described in those 
            subsections to the extent that a provision in a bill or 
            joint resolution, or an amendment thereto or a conference 
            report thereon, establishes prospectively for a Federal 
            office or position a specified or minimum level of 
            compensation to be funded by annual discretionary 
            appropriations. (Pub. L. 93-344, Title IV, Sec. 401, July 
            12, 1974, 88 Stat. 317; Pub. L. 99-177, Title II, Sec. 211, 
            Dec. 12, 1985, 99 Stat. 1056; Pub. L. 99-514, Sec. 2, Oct. 
            22, 1986, 100 Stat. 2095; Pub. L. 101-508, Title XIII, 
            Sec. 13207(a)(1)(F), (G), Nov. 5, 1990, 104 Stat. 1388-617, 
            1388-618; Pub. L. 105-33, Title X, Sec. 10116(a)(1)-(5), 
            Aug. 5, 1997, 111 Stat. 690, 691; Pub. L. 113-67, div. A, 
            Title I, Sec. 122(12), (13), Dec. 26, 2013, 127 Stat. 1176.)

                                    * * * * * * *

            
                              Part B.--Federal Mandates

       295  Sec. 658. Definitions
                For purposes of this part:
                            (1) Agency

                                The term ``agency'' has the same meaning 
                            as defined in section 551(1) of title 5, but 
                            does not include independent regulatory 
                            agencies.

                            (2) Amount

                                The term ``amount'', with respect to an 
                            authorization of appropriations for Federal 
                            financial assistance, means the amount of 
                            budget authority for any Federal grant 
                            assistance program or any Federal program 
                            providing loan guarantees or direct loans.

                            (3) Direct costs

                                The term ``direct costs''--

                                        (A)(i) in the case of a Federal 
                                    intergovernmental mandate, means the 
                                    aggregate estimated amounts that all 
                                    State, local, and tribal governments 
                                    would be required to spend or would 
                                    be prohibited from raising in 
                                    revenues in order to comply with the 
                                    Federal intergovernmental mandate; 
                                    or

                                        (ii) in the case of a provision 
                                    referred to in paragraph (5)(A)(ii), 
                                    means the amount of Federal 
                                    financial assistance eliminated or 
                                    reduced;

                                        (B) in the case of a Federal 
                                    private sector mandate, means the 
                                    aggregate estimated amounts that the 
                                    private sector will be required to 
                                    spend in order to comply with the 
                                    Federal private sector mandate;

                                        (C) shall be determined on the 
                                    assumption that--

                                                (i) State, local, and 
                                            tribal governments, and the 
                                            private sector will take all 
                                            reasonable steps necessary 
                                            to mitigate the costs 
                                            resulting from the Federal 
                                            mandate, and will comply 
                                            with applicable standards of 
                                            practice and conduct 
                                            established by recognized 
                                            professional or trade 
                                            associations; and
                                                (ii) reasonable steps to 
                                            mitigate the costs shall not 
                                            include increases in State, 
                                            local, or tribal taxes or 
                                            fees; and

                                        (D) shall not include--

[[Page 276]]

                                                (i) estimated amounts 
                                            that the State, local, and 
                                            tribal governments (in the 
                                            case of a Federal 
                                            intergovernmental mandate) 
                                            or the private sector (in 
                                            the case of a Federal 
                                            private sector mandate) 
                                            would spend--
                                                  (I) to comply with or 
                                            carry out all applicable 
                                            Federal, State, local, and 
                                            tribal laws and regulations 
                                            in effect at the time of the 
                                            adoption of the Federal 
                                            mandate for the same 
                                            activity as is affected by 
                                            that Federal mandate; or
                                                  (II) to comply with or 
                                            carry out State, local, and 
                                            tribal governmental 
                                            programs, or private-sector 
                                            business or other activities 
                                            in effect at the time of the 
                                            adoption of the Federal 
                                            mandate for the same 
                                            activity as is affected by 
                                            that mandate; or
                                                (ii) expenditures to the 
                                            extent that such 
                                            expenditures will be offset 
                                            by any direct savings to the 
                                            State, local, and tribal 
                                            governments, or by the 
                                            private sector, as a result 
                                            of--
                                                  (I) compliance with 
                                            the Federal mandate; or
                                                  (II) other changes in 
                                            Federal law or regulation 
                                            that are enacted or adopted 
                                            in the same bill or joint 
                                            resolution or proposed or 
                                            final Federal regulation and 
                                            that govern the same 
                                            activity as is affected by 
                                            the Federal mandate.

                            (4) Direct savings

                                The term ``direct savings'', when used 
                            with respect to the result of compliance 
                            with the Federal mandate--

                                        (A) in the case of a Federal 
                                    intergovernmental mandate, means the 
                                    aggregate estimated reduction in 
                                    costs to any State, local, or tribal 
                                    government as a result of compliance 
                                    with the Federal intergovernmental 
                                    mandate; and

                                        (B) in the case of a Federal 
                                    private sector mandate, means the 
                                    aggregate estimated reduction in 
                                    costs to the private sector as a 
                                    result of compliance with the 
                                    Federal private sector mandate.

                            (5) Federal intergovernmental mandate

                                The term ``Federal intergovernmental 
                            mandate'' means--

                                        (A) any provision in 
                                    legislation, statute, or regulation 
                                    that--

                                                (i) would impose an 
                                            enforceable duty upon State, 
                                            local, or tribal 
                                            governments, except--
                                                  (I) a condition of 
                                            Federal assistance; or
                                                  (II) a duty arising 
                                            from participation in a 
                                            voluntary Federal program, 
                                            except as provided in 
                                            subparagraph (B); or
                                                (ii) would reduce or 
                                            eliminate the amount of 
                                            authorization of 
                                            appropriations for--
                                                  (I) Federal financial 
                                            assistance that would be 
                                            provided to State, local, or 
                                            tribal governments for the 
                                            purpose of complying with 
                                            any such previously imposed 
                                            duty unless such duty is 
                                            reduced or eliminated by a 
                                            corresponding amount; or
                                                  (II) the control of 
                                            borders by the Federal 
                                            Government; or reimbursement 
                                            to State, local, or tribal 
                                            govern

[[Page 277]]

                                            ments for the net cost 
                                            associated with illegal, 
                                            deportable, and excludable 
                                            aliens, including court-
                                            mandated expenses related to 
                                            emergency health care, 
                                            education or criminal 
                                            justice; when such a 
                                            reduction or elimination 
                                            would result in increased 
                                            net costs to State, local, 
                                            or tribal governments in 
                                            providing education or 
                                            emergency health care to, or 
                                            incarceration of, illegal 
                                            aliens; except that this 
                                            subclause shall not be in 
                                            effect with respect to a 
                                            State, local, or tribal 
                                            government, to the extent 
                                            that such government has not 
                                            fully cooperated in the 
                                            efforts of the Federal 
                                            Government to locate, 
                                            apprehend, and deport 
                                            illegal aliens;

                                        (B) any provision in 
                                    legislation, statute, or regulation 
                                    that relates to a then-existing 
                                    Federal program under which 
                                    $500,000,000 or more is provided 
                                    annually to State, local, and tribal 
                                    governments under entitlement 
                                    authority, if the provision--

                                                (i)(I) would increase 
                                            the stringency of conditions 
                                            of assistance to State, 
                                            local, or tribal governments 
                                            under the program; or
                                                (II) would place caps 
                                            upon, or otherwise decrease, 
                                            the Federal Government's 
                                            responsibility to provide 
                                            funding to State, local, or 
                                            tribal governments under the 
                                            program; and
                                                (ii) the State, local, 
                                            or tribal governments that 
                                            participate in the Federal 
                                            program lack authority under 
                                            that program to amend their 
                                            financial or programmatic 
                                            responsibilities to continue 
                                            providing required services 
                                            that are affected by the 
                                            legislation, statute, or 
                                            regulation.

                            (6) Federal mandate

                                The term ``Federal mandate'' means a 
                            Federal intergovernmental mandate or a 
                            Federal private sector mandate, as defined 
                            in paragraphs (5) and (7).

                            (7) Federal private sector mandate

                                The term ``Federal private sector 
                            mandate'' means any provision in 
                            legislation, statute, or regulation that--

                                        (A) would impose an enforceable 
                                    duty upon the private sector 
                                    except--

                                                (i) a condition of 
                                            Federal assistance; or
                                                (ii) a duty arising from 
                                            participation in a voluntary 
                                            Federal program; or

                                        (B) would reduce or eliminate 
                                    the amount of authorization of 
                                    appropriations for Federal financial 
                                    assistance that will be provided to 
                                    the private sector for the purposes 
                                    of ensuring compliance with such 
                                    duty.

                            (8) Local government

                                The term ``local government'' has the 
                            same meaning as defined in section 6501(6) 
                            of title 31.

                            (9) Private sector

                                The term ``private sector'' means all 
                            persons or entities in the United States, 
                            including individuals, partnerships, associa

[[Page 278]]

                            tions, corporations, and educational and 
                            nonprofit institutions, but shall not 
                            include State, local, or tribal governments.

                            (10) Regulation; rule

                                The term ``regulation'' or ``rule'' 
                            (except with respect to a rule of either 
                            House of the Congress) has the meaning of 
                            ``rule'' as defined in section 601(2) of 
                            title 5.

                            (11) Small government

                                The term ``small government'' means any 
                            small governmental jurisdictions defined in 
                            section 601(5) of title 5 and any tribal 
                            government.

                            (12) State

                                The term ``State'' has the same meaning 
                            as defined in section 6501(9) of title 31.

                            (13) Tribal government

                                The term ``tribal government'' means any 
                            Indian tribe, band, nation, or other 
                            organized group or community, including any 
                            Alaska Native village or regional or village 
                            corporation as defined in or established 
                            pursuant to the Alaska Native Claims 
                            Settlement Act (85 Stat. 688; 43 U.S.C. 1601 
                            et seq.) which is recognized as eligible for 
                            the special programs and services provided 
                            by the United States to Indians because of 
                            their special status as Indians. (Pub. L. 
                            93-344, Title IV, Sec. 421, as added Pub. L. 
                            104-4, Title I, Sec. 101(a)(2), Mar. 22, 
                            1995, 109 Stat. 50; amended Pub. L. 113-67, 
                            div. A, Title I, Sec. 122(14), Dec. 26, 
                            2013, 127 Stat. 1176.)

       296  Sec. 658a. Exclusions
                This part shall not apply to any provision in a bill, 
            joint resolution, amendment, motion, or conference report 
            before Congress that--
                            (1) enforces constitutional rights of 
                        individuals;
                            (2) establishes or enforces any statutory 
                        rights that prohibit discrimination on the basis 
                        of race, color, religion, sex, national origin, 
                        age, handicap, or disability;
                            (3) requires compliance with accounting and 
                        auditing procedures with respect to grants or 
                        other money or property provided by the Federal 
                        Government;
                            (4) provides for emergency assistance or 
                        relief at the request of any State, local, or 
                        tribal government or any official of a State, 
                        local, or tribal government;
                            (5) is necessary for the national security 
                        or the ratification or implementation of 
                        international treaty obligations;
                            (6) the President designates as emergency 
                        legislation and that the Congress so designates 
                        in statute; or
                            (7) relates to the old-age, survivors, and 
                        disability insurance program under title II of 
                        the Social Security Act [42 U.S.C. 401 et seq.] 
                        (including taxes imposed by sections 3101(a) and 
                        3111(a) of title 26 (relating to old-age, 
                        survivors, and disability insurance)). (Pub. L. 
                        93-344, Title IV, Sec. 422, as added Pub. L. 
                        104-4, Title I, Sec. 101(a)(2), Mar. 22, 1995, 
                        109 Stat. 53.)

[[Page 279]]

       297  Sec. 658b. Duties of Congressional committees
            (a) In general
                When a committee of authorization of the Senate or the 
            House of Representatives reports a bill or joint resolution 
            of public character that includes any Federal mandate, the 
            report of the committee accompanying the bill or joint 
            resolution shall contain the information required by 
            subsections (c) and (d).
            (b) Submission of bills to Director
                When a committee of authorization of the Senate or the 
            House of Representatives orders reported a bill or joint 
            resolution of a public character, the committee shall 
            promptly provide the bill or joint resolution to the 
            Director of the Congressional Budget Office and shall 
            identify to the Director any Federal mandates contained in 
            the bill or resolution.
            (c) Reports on Federal mandates
                Each report described under subsection (a) shall 
            contain--
                            (1) an identification and description of any 
                        Federal mandates in the bill or joint 
                        resolution, including the direct costs to State, 
                        local, and tribal governments, and to the 
                        private sector, required to comply with the 
                        Federal mandates;
                            (2) a qualitative, and if practicable, a 
                        quantitative assessment of costs and benefits 
                        anticipated from the Federal mandates (including 
                        the effects on health and safety and the 
                        protection of the natural environment); and
                            (3) a statement of the degree to which a 
                        Federal mandate affects both the public and 
                        private sectors and the extent to which Federal 
                        payment of public sector costs or the 
                        modification or termination of the Federal 
                        mandate as provided under section 658d(a)(2) of 
                        this title would affect the competitive balance 
                        between State, local, or tribal governments and 
                        the private sector including a description of 
                        the actions, if any, taken by the committee to 
                        avoid any adverse impact on the private sector 
                        or the competitive balance between the public 
                        sector and the private sector.
            (d) Intergovernmental mandates
                If any of the Federal mandates in the bill or joint 
            resolution are Federal intergovernmental mandates, the 
            report required under subsection (a) shall also contain--
                            (1)(A) a statement of the amount, if any, of 
                        increase or decrease in authorization of 
                        appropriations under existing Federal financial 
                        assistance programs, or of authorization of 
                        appropriations for new Federal financial 
                        assistance, provided by the bill or joint 
                        resolution and usable for activities of State, 
                        local, or tribal governments subject to the 
                        Federal intergovernmental mandates;
                            (B) a statement of whether the committee 
                        intends that the Federal intergovernmental 
                        mandates be partly or entirely unfunded, and if 
                        so, the reasons for that intention; and
                            (C) if funded in whole or in part, a 
                        statement of whether and how the committee has 
                        created a mechanism to allocate the funding in a 
                        manner that is reasonably consistent with the 
                        expected direct costs among and between the 
                        respective levels of State, local, and tribal 
                        government;

[[Page 280]]

                            (2) any existing sources of Federal 
                        assistance in addition to those identified in 
                        paragraph (1) that may assist State, local, and 
                        tribal governments in meeting the direct costs 
                        of the Federal intergovernmental mandates; and
                            (3) if the bill or joint resolution would 
                        make the reduction specified in section 
                        658(5)(B)(i)(II) of this title, a statement of 
                        how the committee specifically intends the 
                        States to implement the reduction and to what 
                        extent the legislation provides additional 
                        flexibility, if any, to offset the reduction.
            (e) Preemption clarification and information
                When a committee of authorization of the Senate or the 
            House of Representatives reports a bill or joint resolution 
            of public character, the committee report accompanying the 
            bill or joint resolution shall contain, if relevant to the 
            bill or joint resolution, an explicit statement on the 
            extent to which the bill or joint resolution is intended to 
            preempt any State, local, or tribal law, and, if so, an 
            explanation of the effect of such preemption.
            (f) Publication of statement from Director
                (1) In general
                            Upon receiving a statement from the Director 
                        under section 658c of this title, a committee of 
                        the Senate or the House of Representatives shall 
                        publish the statement in the committee report 
                        accompanying the bill or joint resolution to 
                        which the statement relates if the statement is 
                        available at the time the report is printed.
                (2) Other publication of statement of Director
                            If the statement is not published in the 
                        report, or if the bill or joint resolution to 
                        which the statement relates is expected to be 
                        considered by the Senate or the House of 
                        Representatives before the report is published, 
                        the committee shall cause the statement, or a 
                        summary thereof, to be published in the 
                        Congressional Record in advance of floor 
                        consideration of the bill or joint resolution. 
                        (Pub. L. 93-344, Title IV, Sec. 423, as added 
                        Pub. L. 104-4, Title I, Sec. 101(a)(2), Mar. 22, 
                        1995, 109 Stat. 53; amended Pub. L. 106-141, 
                        Sec. 2(a), Dec. 7, 1999, 113 Stat. 1699.)
       298  Sec. 658c. Duties of Director; statements on bills and joint 
                resolutions other than appropriations bills and joint 
                resolutions
            (a) Federal intergovernmental mandates in reported bills and 
                resolutions
                For each bill or joint resolution of a public character 
            reported by any committee of authorization of the Senate or 
            the House of Representatives, the Director of the 
            Congressional Budget Office shall prepare and submit to the 
            committee a statement as follows:
                            (1) Contents

                                If the Director estimates that the 
                            direct cost of all Federal intergovernmental 
                            mandates in the bill or joint resolution 
                            will equal or exceed $50,000,000 (adjusted 
                            annually for inflation) in the fiscal year 
                            in which any Federal intergovernmental 
                            mandate in the bill or joint resolution (or 
                            in any necessary implementing regulation) 
                            would first be effective or in any of the 4 
                            fiscal years following such fiscal year, the 
                            Director shall so

[[Page 281]]

                            state, specify the estimate, and briefly 
                            explain the basis of the estimate.

                            (2) Estimates

                                Estimates required under paragraph (1) 
                            shall include estimates (and brief 
                            explanations of the basis of the estimates) 
                            of--

                                        (A) the total amount of direct 
                                    cost of complying with the Federal 
                                    intergovernmental mandates in the 
                                    bill or joint resolution;

                                        (B) if the bill or resolution 
                                    contains an authorization of 
                                    appropriations under section 
                                    658d(a)(2)(B) of this title, the 
                                    amount of new budget authority for 
                                    each fiscal year for a period not to 
                                    exceed 10 years beyond the effective 
                                    date necessary for the direct cost 
                                    of the intergovernmental mandate; 
                                    and

                                        (C) the amount, if any, of 
                                    increase in authorization of 
                                    appropriations under existing 
                                    Federal financial assistance 
                                    programs, or of authorization of 
                                    appropriations for new Federal 
                                    financial assistance, provided by 
                                    the bill or joint resolution and 
                                    usable by State, local, or tribal 
                                    governments for activities subject 
                                    to the Federal intergovernmental 
                                    mandates.

                            (3) Additional flexibility information

                                The Director shall include in the 
                            statement submitted under this subsection, 
                            in the case of legislation that makes 
                            changes as described in section 
                            658(5)(B)(i)(II) of this title--

                                        (A) if no additional flexibility 
                                    is provided in the legislation, a 
                                    description of whether and how the 
                                    States can offset the reduction 
                                    under existing law; or

                                        (B) if additional flexibility is 
                                    provided in the legislation, whether 
                                    the resulting savings would offset 
                                    the reductions in that program 
                                    assuming the States fully implement 
                                    that additional flexibility.

                            (4) Estimate not feasible

                                If the Director determines that it is 
                            not feasible to make a reasonable estimate 
                            that would be required under paragraphs (1) 
                            and (2), the Director shall not make the 
                            estimate, but shall report in the statement 
                            that the reasonable estimate cannot be made 
                            and shall include the reasons for that 
                            determination in the statement. If such 
                            determination is made by the Director, a 
                            point of order under this part shall lie 
                            only under section 658d(a)(1) of this title 
                            and as if the requirement of section 
                            658d(a)(1) of this title had not been met.

            (b) Federal private sector mandates in reported bills and 
                joint resolutions
                For each bill or joint resolution of a public character 
            reported by any committee of authorization of the Senate or 
            the House of Representatives, the Director of the 
            Congressional Budget Office shall prepare and submit to the 
            committee a statement as follows:
                            (1) Contents

                                If the Director estimates that the 
                            direct cost of all Federal private sector 
                            mandates in the bill or joint resolution 
                            will equal or exceed $100,000,000 (adjusted 
                            annually for inflation) in the

[[Page 282]]

                            fiscal year in which any Federal private 
                            sector mandate in the bill or joint 
                            resolution (or in any necessary implementing 
                            regulation) would first be effective or in 
                            any of the 4 fiscal years following such 
                            fiscal year, the Director shall so state, 
                            specify the estimate, and briefly explain 
                            the basis of the estimate.

                            (2) Estimates

                                Estimates required under paragraph (1) 
                            shall include estimates (and a brief 
                            explanation of the basis of the estimates) 
                            of--

                                        (A) the total amount of direct 
                                    costs of complying with the Federal 
                                    private sector mandates in the bill 
                                    or joint resolution; and

                                        (B) the amount, if any, of 
                                    increase in authorization of 
                                    appropriations under existing 
                                    Federal financial assistance 
                                    programs, or of authorization of 
                                    appropriations for new Federal 
                                    financial assistance, provided by 
                                    the bill or joint resolution usable 
                                    by the private sector for the 
                                    activities subject to the Federal 
                                    private sector mandates.

                            (3) Estimate not feasible

                                If the Director determines that it is 
                            not feasible to make a reasonable estimate 
                            that would be required under paragraphs (1) 
                            and (2), the Director shall not make the 
                            estimate, but shall report in the statement 
                            that the reasonable estimate cannot be made 
                            and shall include the reasons for that 
                            determination in the statement.

            (c) Legislation falling below direct costs thresholds
                If the Director estimates that the direct costs of a 
            Federal mandate will not equal or exceed the thresholds 
            specified in subsections (a) and (b), the Director shall so 
            state and shall briefly explain the basis of the estimate.
            (d) Amended bills and joint resolutions; conference reports
                If a bill or joint resolution is passed in an amended 
            form (including if passed by one House as an amendment in 
            the nature of a substitute for the text of a bill or joint 
            resolution from the other House) or is reported by a 
            committee of conference in amended form, and the amended 
            form contains a Federal mandate not previously considered by 
            either House or which contains an increase in the direct 
            cost of a previously considered Federal mandate, then the 
            committee of conference shall ensure, to the greatest extent 
            practicable, that the Director shall prepare a statement as 
            provided in this subsection or a supplemental statement for 
            the bill or joint resolution in that amended form. (Pub. L. 
            93-344, Title IV, Sec. 424, as added Pub. L. 104-4, Title I, 
            Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 55; amended Pub. L. 
            106-141, Sec. 2(b) Dec. 7, 1999, 113 Stat. 1699.)
       299  Sec. 658d. Legislation subject to point of order
            (a) In general \4\
                \4\ Section 3203 of S. Con. Res. 11 (114th Congress) 
                established that this point of order is subject to 
                waiver and appeal by supermajority vote. The resolution 
                states: ``Paragraphs (1) and (2) of section 425(a) of 
                the Congressional Budget Act of 1974 (2 U.S.C. 658d(a)) 
                shall be subject to the waiver and appeal requirements 
                of subsections (c)(2) and (d)(3),respectively, of 
                section 904 of the Congressional Budget Act of 1974 (2 
                U.S.C. 621 note).''
                It shall not be in order in the Senate or the House of 
            Representatives to consider--

[[Page 283]]

                            (1) any bill or joint resolution that is 
                        reported by a committee unless the committee has 
                        published a statement of the Director on the 
                        direct costs of Federal mandates in accordance 
                        with section 658b(f) of this title before such 
                        consideration, except this paragraph shall not 
                        apply to any supplemental statement prepared by 
                        the Director under section 658c(d) of this 
                        title; and
                            (2) any bill, joint resolution, amendment, 
                        motion, or conference report that would increase 
                        the direct costs of Federal intergovernmental 
                        mandates by an amount that causes the thresholds 
                        specified in section 658c(a)(1) of this title to 
                        be exceeded, unless--

                                (A) the bill, joint resolution, 
                            amendment, motion, or conference report 
                            provides new budget authority or new 
                            entitlement authority in the House of 
                            Representatives or direct spending authority 
                            in the Senate for each fiscal year for such 
                            mandates included in the bill, joint 
                            resolution, amendment, motion, or conference 
                            report in an amount equal to or exceeding 
                            the direct costs of such mandate; or

                                (B) the bill, joint resolution, 
                            amendment, motion, or conference report 
                            includes an authorization for appropriations 
                            in an amount equal to or exceeding the 
                            direct costs of such mandate, and--

                                        (i) identifies a specific dollar 
                                    amount of the direct costs of such 
                                    mandate for each year up to 10 years 
                                    during which such mandate shall be 
                                    in effect under the bill, joint 
                                    resolution, amendment, motion or 
                                    conference report, and such estimate 
                                    is consistent with the estimate 
                                    determined under subsection (e) for 
                                    each fiscal year;

                                        (ii) identifies any 
                                    appropriation bill that is expected 
                                    to provide for Federal funding of 
                                    the direct cost referred to under 
                                    clause (i); and

                                        (iii)(I) provides that for any 
                                    fiscal year the responsible Federal 
                                    agency shall determine whether there 
                                    are insufficient appropriations for 
                                    that fiscal year to provide for the 
                                    direct costs under clause (i) of 
                                    such mandate, and shall (no later 
                                    than 30 days after the beginning of 
                                    the fiscal year) notify the 
                                    appropriate authorizing committees 
                                    of Congress of the determination and 
                                    submit either--

                                                (aa) a statement that 
                                            the agency has determined, 
                                            based on a re-estimate of 
                                            the direct costs of such 
                                            mandate, after consultation 
                                            with State, local, and 
                                            tribal governments, that the 
                                            amount appropriated is 
                                            sufficient to pay for the 
                                            direct costs of such 
                                            mandate; or
                                                (bb) legislative 
                                            recommendations for either 
                                            implementing a less costly 
                                            mandate or making such 
                                            mandate ineffective for the 
                                            fiscal year;

                                        (II) provides for expedited 
                                    procedures for the consideration of 
                                    the statement or legislative 
                                    recommendations referred to in 
                                    subclause (I) by Congress no later 
                                    than 30 days after the statement or 
                                    recommendations are submitted to 
                                    Congress; and

[[Page 284]]

                                        (III) provides that such mandate 
                                    shall--

                                                (aa) in the case of a 
                                            statement referred to in 
                                            subclause (I)(aa), cease to 
                                            be effective 60 days after 
                                            the statement is submitted 
                                            unless Congress has approved 
                                            the agency's determination 
                                            by joint resolution during 
                                            the 60-day period;
                                                (bb) cease to be 
                                            effective 60 days after the 
                                            date the legislative 
                                            recommendations of the 
                                            responsible Federal agency 
                                            are submitted to Congress 
                                            under subclause (I)(bb) 
                                            unless Congress provides 
                                            otherwise by law; or
                                                (cc) in the case that 
                                            such mandate that has not 
                                            yet taken effect, continue 
                                            not to be effective unless 
                                            Congress provides otherwise 
                                            by law.
            (b) Rule of construction
                The provisions of subsection (a)(2)(B)(iii) shall not be 
            construed to prohibit or otherwise restrict a State, local, 
            or tribal government from voluntarily electing to remain 
            subject to the original Federal intergovernmental mandate, 
            complying with the programmatic or financial 
            responsibilities of the original Federal intergovernmental 
            mandate and providing the funding necessary consistent with 
            the costs of Federal agency assistance, monitoring, and 
            enforcement.
            (c) Committee on Appropriations
                (1) Application
                            The provisions of subsection (a)--

                                (A) shall not apply to any bill or 
                            resolution reported by the Committee on 
                            Appropriations of the Senate or the House of 
                            Representatives; except

                                (B) shall apply to--

                                        (i) any legislative provision 
                                    increasing direct costs of a Federal 
                                    intergovernmental mandate contained 
                                    in any bill or resolution reported 
                                    by the Committee on Appropriations 
                                    of the Senate or House of 
                                    Representatives;

                                        (ii) any legislative provision 
                                    increasing direct costs of a Federal 
                                    intergovernmental mandate contained 
                                    in any amendment offered to a bill 
                                    or resolution reported by the 
                                    Committee on Appropriations of the 
                                    Senate or House of Representatives;

                                        (iii) any legislative provision 
                                    increasing direct costs of a Federal 
                                    intergovernmental mandate in a 
                                    conference report accompanying a 
                                    bill or resolution reported by the 
                                    Committee on Appropriations of the 
                                    Senate or House of Representatives; 
                                    and

                                        (iv) any legislative provision 
                                    increasing direct costs of a Federal 
                                    intergovernmental mandate contained 
                                    in any amendments in disagreement 
                                    between the two Houses to any bill 
                                    or resolution reported by the 
                                    Committee on Appropriations of the 
                                    Senate or House of Representatives.

                (2) Certain provisions stricken in Senate
                            Upon a point of order being made by any 
                        Senator against any provision listed in 
                        paragraph (1)(B), and the point of order being 
                        sustained by the Chair, such specific provision 
                        shall be deemed stricken from the bill, 
                        resolution, amendment, amendment in dis

[[Page 285]]

                        agreement, or conference report and may not be 
                        offered as an amendment from the floor.
            (d) Determinations of applicability to pending legislation
                For purposes of this section, in the Senate, the 
            presiding officer of the Senate shall consult with the 
            Committee on Governmental Affairs, to the extent 
            practicable, on questions concerning the applicability of 
            this part to a pending bill, joint resolution, amendment, 
            motion, or conference report.
            (e) Determinations of Federal mandate levels
                For purposes of this section, in the Senate, the levels 
            of Federal mandates for a fiscal year shall be determined 
            based on the estimates made by the Committee on the Budget. 
            (Pub. L. 93-344, Title IV, Sec. 425, as added Pub. L. 104-4, 
            Title I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 56.)

                                    * * * * * * *

       300  Sec. 658f. Requests to Congressional Budget Office from 
                Senators
                At the written request of a Senator, the Director shall, 
            to the extent practicable, prepare an estimate of the direct 
            costs of a Federal intergovernmental mandate contained in an 
            amendment of such Senator. (Pub. L. 93-344, Title IV, 
            Sec. 427, as added Pub. L. 104-4, Title I, Sec. 101(a)(2), 
            Mar. 22, 1995, 109 Stat. 59.)
       301  Sec. 658g. Clarification of application
            (a) In general
                This part applies to any bill, joint resolution, 
            amendment, motion, or conference report that reauthorizes 
            appropriations, or that amends existing authorizations of 
            appropriations, to carry out any statute, or that otherwise 
            amends any statute, only if enactment of the bill, joint 
            resolution, amendment, motion, or conference report--
                            (1) would result in a net reduction in or 
                        elimination of authorization of appropriations 
                        for Federal financial assistance that would be 
                        provided to State, local, or tribal governments 
                        for use for the purpose of complying with any 
                        Federal intergovernmental mandate, or to the 
                        private sector for use to comply with any 
                        Federal private sector mandate, and would not 
                        eliminate or reduce duties established by the 
                        Federal mandate by a corresponding amount; or
                            (2) would result in a net increase in the 
                        aggregate amount of direct costs of Federal 
                        intergovernmental mandates or Federal private 
                        sector mandates other than as described in 
                        paragraph (1).
            (b) Direct costs
                (1) In general
                            For purposes of this part, the direct cost 
                        of the Federal mandates in a bill, joint 
                        resolution, amendment, motion, or conference 
                        report that reauthorizes appropriations, or that 
                        amends existing authorizations of 
                        appropriations, to carry out a statute, or that 
                        otherwise amends any statute, means the net 
                        increase, resulting from enactment of the bill, 
                        joint resolution, amendment, motion, or 
                        conference report, in the amount described under 
                        paragraph (2)(A) over the amount described under 
                        paragraph (2)(B).

[[Page 286]]

                (2) Amounts
                            The amounts referred to under paragraph (1) 
                        are--

                                (A) the aggregate amount of direct costs 
                            of Federal mandates that would result under 
                            the statute if the bill, joint resolution, 
                            amendment, motion, or conference report is 
                            enacted; and

                                (B) the aggregate amount of direct costs 
                            of Federal mandates that would result under 
                            the statute if the bill, joint resolution, 
                            amendment, motion, or conference report were 
                            not enacted.

                (3) Extension of authorization of appropriations
                            For purposes of this section, in the case of 
                        legislation to extend authorization of 
                        appropriations, the authorization level that 
                        would be provided by the extension shall be 
                        compared to the authorization level for the last 
                        year in which authorization of appropriations is 
                        already provided. (Pub. L. 93-344, Title IV, 
                        Sec. 428, as added Pub. L. 104-4, Title I, 
                        Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 59.)

                                    * * * * * * *

            
                          Chapter 17B--IMPOUNDMENT CONTROL

            
                          Subchapter I.--General Provisions

       302  Sec. 681. Disclaimer.
                Nothing contained in this Act, or in any amendments made 
            by this Act, shall be construed as--
                            (1) asserting or conceding the 
                        constitutional powers or limitations of either 
                        the Congress or the President;
                            (2) ratifying or approving any impoundment 
                        heretofore or hereafter executed or approved by 
                        the President or any other Federal officer or 
                        employee, except insofar as pursuant to 
                        statutory authorization then in effect;
                            (3) affecting in any way the claims or 
                        defenses of any party to litigation concerning 
                        any impoundment; or
                            (4) superseding any provision of law which 
                        requires the obligation of budget authority or 
                        the making of outlays thereunder. (Pub. L. 93-
                        344, Title X, Sec. 1001, July 12, 1974, 88 Stat. 
                        332.)
            
              Subchapter II.--Congressional Consideration of Proposed 
            Recissions, Reservations, and Deferrals of Budget Authority

       303  Sec. 682. Definitions
                For purposes of sections 682 to 688 of this title--
                            (1) ``deferral of budget authority'' 
                        includes--

                                (A) withholding or delaying the 
                            obligation or expenditure of budget 
                            authority (whether by establishing reserves 
                            or otherwise) provided for projects or 
                            activities; or

                                (B) any other type of Executive action 
                            or inaction which effectively precludes the 
                            obligation or expenditure of budget 
                            authority, including authority to obligate 
                            by contract in advance of appropriations as 
                            specifically authorized by law;

                            (2) ``Comptroller General'' means the 
                        Comptroller General of the United States;
                            (3) ``rescission bill'' means a bill or 
                        joint resolution which only rescinds, in whole 
                        or in part, budget authority proposed to be 
                        rescinded in a special message transmitted by 
                        the President under

[[Page 287]]

                        section 683 of this title, and upon which the 
                        Congress completes action before the end of the 
                        first period of 45 calendar days of continuous 
                        session of the Congress after the date on which 
                        the President's message is received by the 
                        Congress;
                            (4) ``impoundment resolution'' means a 
                        resolution of the House of Representatives or 
                        the Senate which only expresses its disapproval 
                        of a proposed deferral of budget authority set 
                        forth in a special message transmitted by the 
                        President under section 684 of this title; and
                            (5) continuity of a session of the Congress 
                        shall be considered as broken only by an 
                        adjournment of the Congress sine die, and the 
                        days on which either House is not in session 
                        because of an adjournment of more than 3 days to 
                        a day certain shall be excluded in the 
                        computation of the 45-day period referred to in 
                        paragraph (3) of this section and in section 683 
                        of this title, and the 25-day periods referred 
                        to in sections 687 and 688(b)(1) of this title. 
                        If a special message is transmitted under 
                        section 683 of this title during any Congress 
                        and the last session of such Congress adjourns 
                        sine die before the expiration of 45 calendar 
                        days of continuous session (or a special message 
                        is so transmitted after the last session of the 
                        Congress adjourns sine die), the message shall 
                        be deemed to have been retransmitted on the 
                        first day of the succeeding Congress and the 45-
                        day period referred to in paragraph (3) of this 
                        section and in section 683 of this title (with 
                        respect to such message) shall commence on the 
                        day after such first day. (Pub. L. 93-344, Title 
                        X, Sec. 1011, July 12, 1974, 88 Stat. 333.)
       304  Sec. 683. Rescission of budget authority
            (a) Transmittal of special message
                Whenever the President determines that all or part of 
            any budget authority will not be required to carry out the 
            full objectives or scope of programs for which it is 
            provided or that such budget authority should be rescinded 
            for fiscal policy or other reasons (including the 
            termination of authorized projects or activities for which 
            budget authority has been provided), or whenever all or part 
            of budget authority provided for only one fiscal year is to 
            be reserved from obligation for such fiscal year, the 
            President shall transmit to both Houses of Congress a 
            special message specifying--
                            (1) the amount of budget authority which he 
                        proposes to be rescinded or which is to be so 
                        reserved;
                            (2) any account, department, or 
                        establishment of the Government to which such 
                        budget authority is available for obligation, 
                        and the specific project or governmental 
                        functions involved;
                            (3) the reasons why the budget authority 
                        should be rescinded or is to be so reserved;
                            (4) to the maximum extent practicable, the 
                        estimated fiscal, economic, and budgetary effect 
                        of the proposed rescission or of the 
                        reservation; and
                            (5) all facts, circumstances, and 
                        considerations relating to or bearing upon the 
                        proposed rescission or the reservation and the 
                        decision to effect the proposed rescission or 
                        the reservation, and to the maximum extent 
                        practicable, the estimated effect of the 
                        proposed rescis

[[Page 288]]

                        sion or the reservation upon the objects, 
                        purposes, and programs for which the budget 
                        authority is provided.
            (b) Requirement to make available for obligation
                Any amount of budget authority proposed to be rescinded 
            or that is to be reserved as set forth in such special 
            message shall be made available for obligation unless, 
            within the prescribed 45-day period, the Congress has 
            completed action on a rescission bill rescinding all or part 
            of the amount proposed to be rescinded or that is to be 
            reserved. Funds made available for obligation under this 
            procedure may not be proposed for rescission again. (Pub. L. 
            93-344, Title X, Sec. 1012, July 12, 1974, 88 Stat. 333; 
            Pub. L. 100-119, Title II, Sec. 207, Sept. 29, 1987, 101 
            Stat. 786.)
       305  Sec. 684. Proposed deferrals of budget authority
            (a) Transmittal of special message
                Whenever the President, the Director of the Office of 
            Management and Budget, the head of any department or agency 
            of the United States, or any officer or employee of the 
            United States proposes to defer any budget authority 
            provided for a specific purpose or project, the President 
            shall transmit to the House of Representatives and the 
            Senate a special message specifying--
                            (1) the amount of the budget authority 
                        proposed to be deferred;
                            (2) any account, department, or 
                        establishment of the Government to which such 
                        budget authority is available for obligation, 
                        and the specific projects or governmental 
                        functions involved;
                            (3) the period of time during which the 
                        budget authority is proposed to be deferred;
                            (4) the reasons for the proposed deferral, 
                        including any legal authority invoked to justify 
                        the proposed deferral;
                            (5) to the maximum extent practicable, the 
                        estimated fiscal, economic, and budgetary effect 
                        of the proposed deferral; and
                            (6) all facts, circumstances, and 
                        considerations relating to or bearing upon the 
                        proposed deferral and the decision to effect the 
                        proposed deferral, including an analysis of such 
                        facts, circumstances, and considerations in 
                        terms of their application to any legal 
                        authority, including specific elements of legal 
                        authority, invoked to justify such proposed 
                        deferral, and to the maximum extent practicable, 
                        the estimated effect of the proposed deferral 
                        upon the objects, purposes, and programs for 
                        which the budget authority is provided.
                A special message may include one or more proposed 
            deferrals of budget authority. A deferral may not be 
            proposed for any period of time extending beyond the end of 
            the fiscal year in which the special message proposing the 
            deferral is transmitted to the House and the Senate.
            (b) Consistency with legislative policy
                Deferrals shall be permissible only--
                            (1) to provide for contingencies;
                            (2) to achieve savings made possible by or 
                        through changes in requirements or greater 
                        efficiency of operations; or
                            (3) as specifically provided by law.
                No officer or employee of the United States may defer 
            any budget authority for any other purpose.

[[Page 289]]

            (c) Exception
                The provisions of this section do not apply to any 
            budget authority proposed to be rescinded or that is to be 
            reserved as set forth in a special message required to be 
            transmitted under section 683 of this title. (Pub. L. 93-
            344, Title X, Sec. 1013, July 12, 1974, 88 Stat. 334; Pub. 
            L. 100-119, Title II, Sec. 206(a), Sept. 29, 1987, 101 Stat. 
            785.)

                                    * * * * * * *

       306  Sec. 688. Procedure in House of Representatives and Senate
            (a) Referral
                Any rescission bill introduced with respect to a special 
            message or impoundment resolution introduced with respect to 
            a proposed deferral of budget authority shall be referred to 
            the appropriate committee of the House of Representatives or 
            the Senate, as the case may be.
            (b) Discharge of committee
                (1) If the committee to which a rescission bill or 
            impoundment resolution has been referred has not reported it 
            at the end of 25 calendar days of continuous session of the 
            Congress after its introduction, it is in order to move 
            either to discharge the committee from further consideration 
            of the bill or resolution or to discharge the committee from 
            further consideration of any other rescission bill with 
            respect to the same special message or impoundment 
            resolution with respect to the same proposed deferral, as 
            the case may be, which has been referred to the committee.
                (2) A motion to discharge may be made only by an 
            individual favoring the bill or resolution, may be made only 
            if supported by one-fifth of the Members of the House 
            involved (a quorum being present), and is highly privileged 
            in the House and privileged in the Senate (except that it 
            may not be made after the committee has reported a bill or 
            resolution with respect to the same special message or the 
            same proposed deferral, as the case may be); and debate 
            thereon shall be limited to not more than 1 hour, the time 
            to be divided in the House equally between those favoring 
            and those opposing the bill or resolution, and to be divided 
            in the Senate equally between, and controlled by, the 
            majority leader and the minority leader or their designees. 
            An amendment to the motion is not in order, and it is not in 
            order to move to reconsider the vote by which the motion is 
            agreed to or disagreed to.
            (c) Floor consideration in House
                (1) When the committee of the House of Representatives 
            has reported, or has been discharged from further 
            consideration of, a rescission bill or impoundment 
            resolution, it shall at any time thereafter be in order 
            (even though a previous motion to the same effect has been 
            disagreed to) to move to proceed to the consideration of the 
            bill or resolution. The motion shall be highly privileged 
            and not debatable. An amendment to the motion shall not be 
            in order, nor shall it be in order to move to reconsider the 
            vote by which the motion is agreed to or disagreed to.
                (2) Debate on a rescission bill or impoundment 
            resolution shall be limited to not more than 2 hours, which 
            shall be divided equally between those favoring and those 
            opposing the bill or resolution. A motion further

[[Page 290]]

            to limit debate shall not be debatable. In the case of an 
            impoundment resolution, no amendment to, or motion to 
            recommit, the resolution shall be in order. It shall not be 
            in order to move to reconsider the vote by which a 
            rescission bill or impoundment resolution is agreed to or 
            disagreed to.
                (3) Motions to postpone, made with respect to the 
            consideration of a rescission bill or impoundment 
            resolution, and motions to proceed to the consideration of 
            other business, shall be decided without debate.
                (4) All appeals from the decisions of the Chair relating 
            to the application of the Rules of the House of 
            Representatives to the procedure relating to any rescission 
            bill or impoundment resolution shall be decided without 
            debate.
                (5) Except to the extent specifically provided in the 
            preceding provisions of this subsection, consideration of 
            any rescission bill or impoundment resolution and amendments 
            thereto (or any conference report thereon) shall be governed 
            by the Rules of the House of Representatives applicable to 
            other bills and resolutions, amendments, and conference 
            reports in similar circumstances.
            (d) Floor consideration in Senate
                (1) Debate in the Senate on any rescission bill or 
            impoundment resolution, and all amendments thereto (in the 
            case of a rescission bill) and debatable motions and appeals 
            in connection therewith, shall be limited to not more than 
            10 hours. The time shall be equally divided between, and 
            controlled by, the majority leader and the minority leader 
            or their designees.
                (2) Debate in the Senate on any amendment to a 
            rescission bill shall be limited to 2 hours, to be equally 
            divided between, and controlled by, the mover and the 
            manager of the bill. Debate on any amendment to an 
            amendment, to such a bill, and debate on any debatable 
            motion or appeal in connection with such a bill or an 
            impoundment resolution shall be limited to 1 hour, to be 
            equally divided between, and controlled by, the mover and 
            the manager of the bill or resolution, except that in the 
            event the manager of the bill or resolution is in favor of 
            any such amendment, motion, or appeal, the time in 
            opposition thereto, shall be controlled by the minority 
            leader or his designee. No amendment that is not germane to 
            the provisions of a rescission bill shall be received. Such 
            leaders, or either of them, may, from the time under their 
            control on the passage of a rescission bill or impoundment 
            resolution, allot additional time to any Senator during the 
            consideration of any amendment, debatable motion, or appeal.
                (3) A motion to further limit debate is not debatable. 
            In the case of a rescission bill, a motion to recommit 
            (except a motion to recommit with instructions to report 
            back within a specified number of days, not to exceed 3, not 
            counting any day on which the Senate is not in session) is 
            not in order. Debate on any such motion to recommit shall be 
            limited to one hour, to be equally divided between, and 
            controlled by, the mover and the manager of the concurrent 
            resolution. In the case of an impoundment resolution, no 
            amendment or motion to recommit is in order.
                (4) The conference report on any rescission bill shall 
            be in order in the Senate at any time after the third day 
            (excluding Saturdays, Sundays, and legal holidays) following 
            the day on which such a conference report is reported and is 
            available to Members of the Senate.

[[Page 291]]

            A motion to proceed to the consideration of the conference 
            report may be made even though a previous motion to the same 
            effect has been disagreed to.
                (5) During the consideration in the Senate of the 
            conference report on any rescission bill, debate shall be 
            limited to 2 hours to be equally divided between, and 
            controlled by, the majority leader and minority leader or 
            their designees. Debate on any debatable motion or appeal 
            related to the conference report shall be limited to 30 
            minutes, to be equally divided between, and controlled by, 
            the mover and the manager of the conference report.
                (6) Should the conference report be defeated, debate on 
            any request for a new conference and the appointment of 
            conferees shall be limited to one hour, to be equally 
            divided between, and controlled by, the manager of the 
            conference report and the minority leader or his designee, 
            and should any motion be made to instruct the conferees 
            before the conferees are named, debate on such motion shall 
            be limited to 30 minutes, to be equally divided between, and 
            controlled by, the mover and the manager of the conference 
            report. Debate on any amendment to any such instructions 
            shall be limited to 20 minutes, to be equally divided 
            between, and controlled by, the mover and the manager of the 
            conference report. In all cases when the manager of the 
            conference report is in favor of any motion, appeal, or 
            amendment, the time in opposition shall be under the control 
            of the minority leader or his designee.
                (7) In any case in which there are amendments in 
            disagreement, time on each amendment shall be limited to 30 
            minutes, to be equally divided between, and controlled by, 
            the manager of the conference report and the minority leader 
            or his designee. No amendment that is not germane to the 
            provisions of such amendments shall be received. (Pub. L. 
            93-344, Title X, Sec. 1017, July 12, 1974, 88 Stat. 337.)
            
                                        NOTE

                  
            Supermajority Waiver and Appeal
                (b) Any provision of Title III or IV may be waived or 
            suspended in the Senate by a majority vote of the Members 
            voting, a quorum being present, or by the unanimous consent 
            of the Senate.
                (c) Waivers.--
                            (1) Permanent.--Sections 305(b)(2), 
                        305(c)(4), 306, 310(d)(2), 313, 904(c), and 
                        904(d) of this Act may be waived or suspended in 
                        the Senate only by the affirmative vote of 
                        three-fifths of the Members, duly chosen and 
                        sworn.
                            (2) Temporary.--Sections 301(i), 302(c), 
                        302(f), 310(g), 311(a), 312(b), and 312(c) of 
                        this Act and sections 258(a)(4)(C), 
                        258A(b)(3)(C)(I)\5\, 258B(f)(1), 258B(h)(1), 
                        258(h)(3)\6\, 258C(a)(5), and 258C(b)(1) of the 
                        Balanced Budget and Emergency Deficit Control 
                        Act of 1985 may be waived or suspended in the 
                        Senate only by the affirmative vote of three-
                        fifths of the Members, duly chosen and sworn.
                \5\ So in law. Probably should read 
                ``258A(b)(3)(C)(i)''.
                \6\ So in law. Probably should read ``258B(h)(3)''.
                (d) Appeals.--

[[Page 292]]

                            (1) Procedure.--Appeals in the Senate from 
                        the decisions of the Chair relating to any 
                        provision of Title III or IV or section 1017 
                        shall, except as otherwise provided therein, be 
                        limited to 1 hour, to be equally divided 
                        between, and controlled by, the mover and the 
                        manager of the resolution, concurrent 
                        resolution, reconciliation bill, or rescission 
                        bill, as the case may be.
                            (2) Permanent.--An affirmative vote of 
                        three-fifths of the Members, duly chosen and 
                        sworn, shall be required in the Senate to 
                        sustain an appeal of the ruling of the Chair on 
                        a point of order raised under sections 
                        305(b)(2), 305(c)(4), 306, 310(d)(2), 313, 
                        904(c), and 904(d) of this Act.
                            (3) Temporary.--An affirmative vote of 
                        three-fifths of the Members, duly chosen and 
                        sworn, shall be required in the Senate to 
                        sustain an appeal of the ruling of the Chair on 
                        a point of order raised under sections 301(i), 
                        302(c), 302(f), 310(g), 311(a), 312(b), and 
                        312(c) of this Act and sections 258(a)(4)(C), 
                        258A(b)(3)(C)(I) , 258B(f)(1), 258B(h)(1), 
                        258(h)(3) , 258C(a)(5), and 258C(b)(1) of the 
                        Balanced Budget and Emergency Deficit Control 
                        Act of 1985.
                (e) Expiration of Certain Supermajority Voting 
            Requirements.--Subsections (c)(2) and (d)(3) shall expire on 
            September 30, 2002.

            (2 U.S.C. 621 note.)\7\

                \7\ Section 3201 of S. Con. Res. 11 (114th Congress) 
                extended this expiration date. The resolution states:
                ``Notwithstanding any provision of the Congressional 
                Budget Act of 1974 (2 U.S.C. 621 et seq.), subsections 
                (c)(2) and (d)(3) of section 904 of the Congressional 
                Budget Act of 1974 (2 U.S.C. 621 note) shall remain in 
                effect for purposes of Senate enforcement through 
                September 30, 2025.''
            Referral of matters dealing with rescissions and deferrals.
                On January 30, 1975, the Senate agreed to the following 
            resolution, which provides for the referral of matters 
            dealing with rescissions and deferrals:
                Resolved (1) That messages received pursuant to Title X 
            of the Congressional Budget and Impoundment Control Act [2 
            U.S.C. 681-2 U.S.C. 688] be referred concurrently to the 
            Appropriations Committee, to the Budget Committee, and to 
            any other appropriate authorizing committee.
                (2) That bills, resolutions, and joint resolutions 
            introduced with respect to rescissions and deferrals shall 
            be referred to the Appropriations Committee, the Budget 
            Committee, and pending implementation of section 410 of the 
            Congressional Budget Impoundment Control Act [should be 
            section 401, 2 U.S.C. 651] and subject to section 401(d) [2 
            U.S.C. 651(d)], to any other committee exercising 
            jurisdiction over contract and borrowing authority programs 
            as defined by section 401(c)(2) (A) and (B) [2 U.S.C. 
            651(c)(2) (A) and (B)]. The Budget Committee and such other 
            Committees shall report their views, if any, to the 
            Appropriations Committee within 20 days following referral 
            of such bills, resolutions, or joint resolutions. The Budget 
            Committee's consideration shall extend only to macroeconomic 
            implications, impact on priorities and aggregate spending 
            levels, and the legality of the President's use of the 
            deferral and rescissions mechanism under Title X. The 
            Appropriations and authorizing committees shall exercise 
            their normal responsibilities over programs and priorities.
                (3) If any Committee to which a bill or resolution has 
            been referred recommends its passage, the Appropriations 
            Committee shall report that

[[Page 293]]

            bill or resolution together with its views and reports of 
            the Budget and any appropriate authorizing committees to the 
            Senate within:
                            (A) the time remaining under the Act in the 
                        case of rescissions, or
                            (B) within 20 days in the case of deferrals.
                (4) The 20 day period referred to herein means 20 
            calendar days; and for the purposes of computing the 20 
            days, recesses or adjournments of the Senate for more than 3 
            days to a day certain shall not be counted; and for recesses 
            and adjournments of more than 30 calendar days, continuous 
            duration or the sine die adjournment of a session, the 20 
            day period shall begin anew on the day following the 
            reconvening of the Senate. (S. Res. 45, 94-1, Jan. 30, 1975, 
            121 Cong. Rec. 1917, amended by unanimous consent, Apr. 11, 
            1986, Cong. Rec., p. 4157, daily ed.).
            Joint referral of legislation affecting the budget process.
                On August 4, 1977, the Senate agreed to an order 
            providing that legislation affecting the congressional 
            budget process be referred jointly to the Committee on the 
            Budget and the Committee on Governmental Affairs and that, 
            if one committee reports a jointly referred measure, the 
            other must act on the measure within 30 calendar days of 
            continuous possession or be automatically discharged from 
            further consideration of the measure:
                Legislative proposals affecting the congressional budget 
            process to which this order applies are:
                First. The functions, duties, and powers of the Budget 
            Committee--as described in Title I of the . . . 
            [Congressional Budget and Impoundment Control Act of 1974];
                Second. The functions, duties, and powers of the 
            Congressional Budget Office--as described in Titles II and 
            IV of the Act [2 U.S.C. 601-603; 2 U.S.C. 651-653];
                Third. The process by which Congress annually 
            establishes the appropriate levels of budget authority, 
            outlays, revenues, deficits or surpluses, and public debt--
            including subdivisions thereof. That process includes the 
            establishment of: mandatory ceilings on spending and 
            appropriations; a floor on revenues; timetables for 
            congressional action on concurrent resolutions, on the 
            reporting of authorization bills, and on the enactment of 
            appropriation bills; and enforcement mechanisms for the 
            limits and timetables, all as described in Title III and IV 
            of the act [2 U.S.C. 631-641; 2 U.S.C. 651-653].
                Fourth. The limiting of backdoor spending devices--as 
            described in Title IV of the act [2 U.S.C. 651-653];
                Fifth. The timetables for Presidential submission of 
            appropriations and authorization requests--as described in 
            Title VI of the act [repealed, with portions being codified 
            in sections 1105, 1109, and 1110 of Title 31, United States 
            Code];
                Sixth. The definitions of what constitutes impoundment--
            such as ``rescissions'' and ``deferrals,'' as provided in 
            the Impoundment Control Act, Title X [2 U.S.C. 681-688];
                Seventh. The process and determination by which 
            impoundments must be reported to and considered by 
            Congress--as provided in the Impoundment Control Act, Title 
            X [2 U.S.C. 681-688];
                Eighth. The mechanisms to insure Executive compliance 
            with the provisions of the Impoundment Control Act, Title X 
            [2 U.S.C. 681-688]--such as GAO review and lawsuits; and

[[Page 294]]

                Ninth. The provisions which affect the content or 
            determination of amounts included in or excluded from the 
            congressional budget or the calculation of such amounts, 
            including the definition of terms provided by the Budget 
            Act--as set forth in Title I thereof [2 U.S.C. 622]. (By 
            unanimous consent, Aug. 4, 1977; Cong. Rec., p. S13553, 
            daily ed.)
            
                         Constitutionality of Line Item Veto

                The United States Supreme Court, in Clinton v. City of 
            New York, 524 U.S. 811, 118 S.Ct. 2091, 141 L.Ed. 2d 393 
            (1998), found that the Line Item Veto Act of 1996, Pub. L. 
            104-130, April 9, 1996, 110 Stat. 1200, which is classified 
            generally to Subchapter III of Chapter 17B (section 691 et 
            seq.) of Title 2 was unconstitutional as a violation of the 
            Presentment Clause of the United States Constitution (USCA 
            Const. Art. I Sec. 7, cl. 2).

              Chapter 20--EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS

       307  Sec. 907a. Suspension in event of war or low growth
            (a) Procedures in event of low-growth report
                (1) Trigger

                                Whenever CBO issues a low-growth report 
                            under section 254(i) [2 U.S.C. 904(i)], the 
                            Majority Leader of the House of 
                            Representatives may, and the Majority Leader 
                            of the Senate shall, introduce a joint 
                            resolution (in the form set forth in 
                            paragraph (2)) declaring that the conditions 
                            specified in section 254(i) are met and 
                            suspending the relevant provisions of this 
                            title, titles III and VI of the 
                            Congressional Budget Act of 1974 [2 U.S.C. 
                            631 et seq.], and section 1103 of title 31.

                (2) Form of joint resolution
                            (A) The matter after the resolving clause in 
                        any joint resolution introduced pursuant to 
                        paragraph (1) shall be as follows: ``That the 
                        Congress declares that the conditions specified 
                        in section 254(j) of the Balanced Budget and 
                        Emergency Deficit Control Act of 1985 are met, 
                        and the implementation of the Congressional 
                        Budget and Impoundment Control Act of 1974, 
                        chapter 11 of title 31, United States Code, and 
                        part C of the Balanced Budget and Emergency 
                        Deficit Control Act of 1985 are modified as 
                        described in section 258(b) of the Balanced 
                        Budget and Emergency Deficit Control Act of 
                        1985.''
                            (B) The title of the joint resolution shall 
                        be ``Joint resolution suspending certain 
                        provisions of law pursuant to section 258(a)(2) 
                        of the Balanced Budget and Emergency Deficit 
                        Control Act of 1985.''; and the joint resolution 
                        shall not contain any preamble.
                (3) Committee action

                                Each joint resolution introduced 
                            pursuant to paragraph (1) shall be referred 
                            to the appropriate committees of the House 
                            of Representatives or the Committee on the 
                            Budget of the Senate, as the case may be; 
                            and such Committee shall report the joint 
                            resolution to its House without amendment on 
                            or before the fifth day on which such House 
                            is in session after the date on which the 
                            joint resolution is introduced. If the 
                            Committee fails to report the joint 
                            resolution within the five-day period 
                            referred to in the preceding sentence, it 
                            shall be automatically

[[Page 295]]

                            discharged from further consideration of the 
                            joint resolution, and the joint resolution 
                            shall be placed on the appropriate calendar.

                (4) Consideration of joint resolution
                            (A) A vote on final passage of a joint 
                        resolution reported to the Senate or discharged 
                        pursuant to paragraph (3) shall be taken on or 
                        before the close of the fifth calendar day of 
                        session after the date on which the joint 
                        resolution is reported or after the Committee 
                        has been discharged from further consideration 
                        of the joint resolution. If prior to the passage 
                        by one House of a joint resolution of that 
                        House, that House receives the same joint 
                        resolution from the other House, then--

                                        (i) the procedure in that House 
                                    shall be the same as if no such 
                                    joint resolution had been received 
                                    from the other House, but

                                        (ii) the vote on final passage 
                                    shall be on the joint resolution of 
                                    the other House. When the joint 
                                    resolution is agreed to, the Clerk 
                                    of the House of Representatives (in 
                                    the case of a House joint resolution 
                                    agreed to in the House of 
                                    Representatives) or the Secretary of 
                                    the Senate (in the case of a Senate 
                                    joint resolution agreed to in the 
                                    Senate) shall cause the joint 
                                    resolution to be engrossed, 
                                    certified, and transmitted to the 
                                    other House of the Congress as soon 
                                    as practicable.

                            (B)(i) In the Senate, a joint resolution 
                        under this paragraph shall be privileged. It 
                        shall not be in order to move to reconsider the 
                        vote by which the motion is agreed to or 
                        disagreed to.

                                        (ii) Debate in the Senate on a 
                                    joint resolution under this 
                                    paragraph, and all debatable motions 
                                    and appeals in connection therewith, 
                                    shall be limited to not more than 
                                    five hours. The time shall be 
                                    equally divided between, and 
                                    controlled by, the majority leader 
                                    and the minority leader or their 
                                    designees.

                                        (iii) Debate in the Senate on 
                                    any debatable motion or appeal in 
                                    connection with a joint resolution 
                                    under this paragraph shall be 
                                    limited to not more than one hour, 
                                    to be equally divided between, and 
                                    controlled by, the mover and the 
                                    manager of the joint resolution, 
                                    except that in the event the manager 
                                    of the joint resolution is in favor 
                                    of any such motion or appeal, the 
                                    time in opposition thereto shall be 
                                    controlled by the minority leader or 
                                    his designee.

                                        (iv) A motion in the Senate to 
                                    further limit debate on a joint 
                                    resolution under this paragraph is 
                                    not debatable. A motion to table or 
                                    to recommit a joint resolution under 
                                    this paragraph is not in order.

                            (C) No amendment to a joint resolution 
                        considered under this paragraph shall be in 
                        order in the Senate.
            (b) Suspension of sequestration procedures

                                Upon the enactment of a declaration of 
                            war or a joint resolution described in 
                            subsection (a)--

                (1) the subsequent issuance of any sequestration report 
            or any sequestration order is precluded;

[[Page 296]]

                (2) sections 302(f), 310(d), 311(a), and title VI of the 
            Congressional Budget Act of 1974 [2 U.S.C. 633(f), 641(d), 
            642(a)] are suspended; and
                (3) section 1103 of title 31 is suspended.
            (c) Restoration of sequestration procedures
                (1) In the event of a suspension of sequestration 
            procedures due to a declaration of war, then, effective with 
            the first fiscal year that begins in the session after the 
            state of war is concluded by Senate ratification of the 
            necessary treaties, the provisions of subsection (b) 
            triggered by that declaration of war are no longer 
            effective.
                (2) In the event of a suspension of sequestration 
            procedures due to the enactment of a joint resolution 
            described in subsection (a), then, effective with regard to 
            the first fiscal year beginning at least 12 months after the 
            enactment of that resolution, the provisions of subsection 
            (b) triggered by that resolution are no longer effective. 
            (Pub. L. 99-177, Title II, Sec. 258, as added Pub. L. 101-
            508, Title XIII, Sec. 13101(f), Nov. 5, 1990, 104 Stat. 
            1388-593; amended Pub. L. 113-67, div. A, Title I, 
            Sec. 121(10), Dec. 26, 2013, 127 Stat. 1175.)
       308  Sec. 907b. Modification of Presidential order
            (a) Introduction of joint resolution

                                At any time after the Director of OMB 
                            issues a final sequestration report under 
                            section 904 of this title for a fiscal year, 
                            but before the close of the twentieth 
                            calendar day of the session of Congress 
                            beginning after the date of issuance of such 
                            report, the majority leader of either House 
                            of Congress may introduce a joint resolution 
                            which contains provisions directing the 
                            President to modify the most recent order 
                            issued under section 904 of this title or 
                            provide an alternative to reduce the deficit 
                            for such fiscal year. After the introduction 
                            of the first such joint resolution in either 
                            House of Congress in any calendar year, then 
                            no other joint resolution introduced in such 
                            House in such calendar year shall be subject 
                            to the procedures set forth in this section.

            (b) Procedures for consideration of joint resolutions
                (1) Referral to committee

                                A joint resolution introduced in the 
                            Senate under subsection (a) shall not be 
                            referred to a committee of the Senate and 
                            shall be placed on the calendar pending 
                            disposition of such joint resolution in 
                            accordance with this subsection.

                (2) Consideration in Senate

                                On or after the third calendar day 
                            (excluding Saturdays, Sundays, and legal 
                            holidays) beginning after a joint resolution 
                            is introduced under subsection (a), 
                            notwithstanding any rule or precedent of the 
                            Senate, including Rule XXII of the Standing 
                            Rules of the Senate, it is in order (even 
                            though a previous motion to the same effect 
                            has been disagreed to) for any Member of the 
                            Senate to move to proceed to the 
                            consideration of the joint resolution. The 
                            motion is not in order after the eighth 
                            calendar day (excluding Saturdays, Sundays, 
                            and legal holidays) beginning after a joint 
                            resolution (to which the motion applies) is 
                            introduced. The joint resolution is 
                            privileged in the Senate. A motion to 
                            reconsider the vote by which the motion is 
                            agreed

[[Page 297]]

                            to or disagreed to shall not be in order. If 
                            a motion to proceed to the consideration of 
                            the joint resolution is agreed to, the 
                            Senate shall immediately proceed to 
                            consideration of the joint resolution 
                            without intervening motion, order, or other 
                            business, and the joint resolution shall 
                            remain the unfinished business of the Senate 
                            until disposed of.

                (3) Debate in Senate
                            (A) In the Senate, debate on a joint 
                        resolution introduced under subsection (a), 
                        amendments thereto, and all debatable motions 
                        and appeals in connection therewith shall be 
                        limited to not more than 10 hours, which shall 
                        be divided equally between the majority leader 
                        and the minority leader (or their designees).
                            (B) A motion to postpone, or a motion to 
                        proceed to the consideration of other business 
                        is not in order. A motion to reconsider the vote 
                        by which the joint resolution is agreed to or 
                        disagreed to is not in order, and a motion to 
                        recommit the joint resolution is not in order.
                            (C)(i) No amendment that is not germane to 
                        the provisions of the joint resolution or to the 
                        order issued under section 904 of this title 
                        shall be in order in the Senate. In the Senate, 
                        an amendment, any amendment to an amendment, or 
                        any debatable motion or appeal is debatable for 
                        not to exceed 30 minutes to be equally divided 
                        between, and controlled by, the mover and the 
                        majority leader (or their designees), except 
                        that in the event that the majority leader 
                        favors the amendment, motion, or appeal, the 
                        minority leader (or the minority leader's 
                        designee) shall control the time in opposition 
                        to the amendment, motion, or appeal.

                                        (ii) In the Senate, an amendment 
                                    that is otherwise in order shall be 
                                    in order notwithstanding the fact 
                                    that it amends the joint resolution 
                                    in more than one place or amends 
                                    language previously amended. It 
                                    shall not be in order in the Senate 
                                    to vote on the question of agreeing 
                                    to such a joint resolution or any 
                                    amendment thereto unless the figures 
                                    then contained in such joint 
                                    resolution or amendment are 
                                    mathematically consistent.

                (4) Vote on final passage

                                Immediately following the conclusion of 
                            the debate on a joint resolution introduced 
                            under subsection (a), a single quorum call 
                            at the conclusion of the debate if requested 
                            in accordance with the rules of the Senate, 
                            and the disposition of any pending 
                            amendments under paragraph (3), the vote on 
                            final passage of the joint resolution shall 
                            occur.

                (5) Appeals

                                Appeals from the decisions of the Chair 
                            shall be decided without debate.

                (6) Conference reports

                                In the Senate, points of order under 
                            titles III, IV, and VI 1 of the 
                            Congressional Budget Act of 1974 [2 U.S.C. 
                            631 et seq., 651 et seq.] are applicable to 
                            a conference report on the joint resolution 
                            or any amendments in disagreement thereto.

                (7) Resolution from other House

                                If, before the passage by the Senate of 
                            a joint resolution of the Senate introduced 
                            under subsection (a), the Senate re

[[Page 298]]

                            ceives from the House of Representatives a 
                            joint resolution introduced under subsection 
                            (a), then the following procedures shall 
                            apply:

                            (A) The joint resolution of the House of 
                        Representatives shall not be referred to a 
                        committee and shall be placed on the calendar.
                            (B) With respect to a joint resolution 
                        introduced under subsection (a) in the Senate--

                                        (i) the procedure in the Senate 
                                    shall be the same as if no joint 
                                    resolution had been received from 
                                    the House; but

                                        (ii)(I) the vote on final 
                                    passage shall be on the joint 
                                    resolution of the House if it is 
                                    identical to the joint resolution 
                                    then pending for passage in the 
                                    Senate; or

                                          (II) if the joint resolution 
                                    from the House is not identical to 
                                    the joint resolution then pending 
                                    for passage in the Senate and the 
                                    Senate then passes the Senate joint 
                                    resolution, the Senate shall be 
                                    considered to have passed the House 
                                    joint resolution as amended by the 
                                    text of the Senate joint resolution.

                            (C) Upon disposition of the joint resolution 
                        received from the House, it shall no longer be 
                        in order to consider the resolution originated 
                        in the Senate.
                (8) Senate action on House resolution

                                If the Senate receives from the House of 
                            Representatives a joint resolution 
                            introduced under subsection (a) after the 
                            Senate has disposed of a Senate originated 
                            resolution which is identical to the House 
                            passed joint resolution, the action of the 
                            Senate with regard to the disposition of the 
                            Senate originated joint resolution shall be 
                            deemed to be the action of the Senate with 
                            regard to the House originated joint 
                            resolution. If it is not identical to the 
                            House passed joint resolution, then the 
                            Senate shall be considered to have passed 
                            the joint resolution of the House as amended 
                            by the text of the Senate joint resolution. 
                            (Pub. L. 99-177, Title II, Sec. 258A, as 
                            added Pub. L. 101-508, Title XIII, 
                            Sec. 13101(f), Nov. 5, 1990, 104 Stat. 1388-
                            595.)

       309  Sec. 907c. Flexibility among defense programs, projects, and 
                activities
            (a) Reductions beyond amount specified in Presidential order

                                Subject to subsections (b), (c), and 
                            (d), new budget authority and unobligated 
                            balances for any programs, projects, or 
                            activities within major functional category 
                            050 (other than a military personnel 
                            account) may be further reduced beyond the 
                            amount specified in an order issued by the 
                            President under section 904 of this title 
                            for such fiscal year. To the extent such 
                            additional reductions are made and result in 
                            additional outlay reductions, the President 
                            may provide for lesser reductions in new 
                            budget authority and unobligated balances 
                            for other programs, projects, or activities 
                            within major functional category 050 for 
                            such fiscal year, but only to the extent 
                            that the resulting outlay increases do not 
                            exceed the additional outlay reductions, and 
                            no such program, project, or activity may be 
                            increased above the level actually made 
                            available by law in appropriation Acts 
                            (before

[[Page 299]]

                            taking sequestration into account). In 
                            making calculations under this subsection, 
                            the President shall use account outlay rates 
                            that are identical to those used in the 
                            report by the Director of OMB under section 
                            904 of this title.

            (b) Base closures prohibited

                                No actions taken by the President under 
                            subsection (a) for a fiscal year may result 
                            in a domestic base closure or realignment 
                            that would otherwise be subject to section 
                            2687 of title 10.

            (c) Report and joint resolution required

                                The President may not exercise the 
                            authority provided by this paragraph for a 
                            fiscal year unless--

                (1) the President submits a single report to Congress 
            specifying, for each account, the detailed changes proposed 
            to be made for such fiscal year pursuant to this section;
                (2) that report is submitted within 5 calendar days of 
            the start of the next session of Congress; and
                (3) a joint resolution affirming or modifying the 
            changes proposed by the President pursuant to this paragraph 
            becomes law.
            (d) Introduction of joint resolution

                                Within 5 calendar days of session after 
                            the President submits a report to Congress 
                            under subsection (c)(1) for a fiscal year, 
                            the majority leader of each House of 
                            Congress shall (by request) introduce a 
                            joint resolution which contains provisions 
                            affirming the changes proposed by the 
                            President pursuant to this paragraph.

            (e) Form and title of joint resolution
                (1) The matter after the resolving clause in any joint 
            resolution introduced pursuant to subsection (d) shall be as 
            follows: ``That the report of the President as submitted on 
            [Insert Date] under section 258B is hereby approved.''
                (2) The title of the joint resolution shall be ``Joint 
            resolution approving the report of the President submitted 
            under section 258B of the Balanced Budget and Emergency 
            Deficit Control Act of 1985.''
                (3) Such joint resolution shall not contain any 
            preamble.
            (f) Calendaring and consideration of joint resolution in 
                Senate
                (1) A joint resolution introduced in the Senate under 
            subsection (d) shall be referred to the Committee on 
            Appropriations, and if not reported within 5 calendar days 
            (excluding Saturdays, Sundays, and legal holidays) from the 
            date of introduction shall be considered as having been 
            discharged therefrom and shall be placed on the appropriate 
            calendar pending disposition of such joint resolution in 
            accordance with this subsection. In the Senate, no amendment 
            proposed in the Committee on Appropriations shall be in 
            order other than an amendment (in the nature of a 
            substitute) that is germane or relevant to the provisions of 
            the joint resolution or to the order issued under section 
            904 of this title. For purposes of this paragraph, an 
            amendment shall be considered to be relevant if it relates 
            to function 050 (national defense).
                (2) On or after the third calendar day (excluding 
            Saturdays, Sundays, and legal holidays) beginning after a 
            joint resolution is placed on the

[[Page 300]]

            Senate calendar, notwithstanding any rule or precedent of 
            the Senate, including Rule XXII of the Standing Rules of the 
            Senate, it is in order (even though a previous motion to the 
            same effect has been disagreed to) for any Member of the 
            Senate to move to proceed to the consideration of the joint 
            resolution. The motion is not in order after the eighth 
            calendar day (excluding Saturdays, Sundays, and legal 
            holidays) beginning after such joint resolution is placed on 
            the appropriate calendar. The motion is not debatable. The 
            joint resolution is privileged in the Senate. A motion to 
            reconsider the vote by which the motion is agreed to or 
            disagreed to shall not be in order. If a motion to proceed 
            to the consideration of the joint resolution is agreed to, 
            the Senate shall immediately proceed to consideration of the 
            joint resolution without intervening motion, order, or other 
            business, and the joint resolution shall remain the 
            unfinished business of the Senate until disposed of.
            (g) Debate of joint resolution; motions
                (1) In the Senate, debate on a joint resolution 
            introduced under subsection (d), amendments thereto, and all 
            debatable motions and appeals in connection therewith shall 
            be limited to not more than 10 hours, which shall be divided 
            equally between the majority leader and the minority leader 
            (or their designees).
                (2) A motion to postpone, or a motion to proceed to the 
            consideration of other business is not in order. A motion to 
            reconsider the vote by which the joint resolution is agreed 
            to or disagreed to is not in order. In the Senate, a motion 
            to recommit the joint resolution is not in order.
            (h) Amendment of joint resolution
                (1) No amendment that is not germane or relevant to the 
            provisions of the joint resolution or to the order issued 
            under section 904 of this title shall be in order in the 
            Senate. For purposes of this paragraph, an amendment shall 
            be considered to be relevant if it relates to function 050 
            (national defense). In the Senate, an amendment, any 
            amendment to an amendment, or any debatable motion or appeal 
            is debatable for not to exceed 30 minutes to be equally 
            divided between, and controlled by, the mover and the 
            majority leader (or their designees), except that in the 
            event that the majority leader favors the amendment, motion, 
            or appeal, the minority leader (or the minority leader's 
            designee) shall control the time in opposition to the 
            amendment, motion, or appeal.
                (2) In the Senate, an amendment that is otherwise in 
            order shall be in order notwithstanding the fact that it 
            amends the joint resolution in more than one place or amends 
            language previously amended, so long as the amendment makes 
            or maintains mathematical consistency. It shall not be in 
            order in the Senate to vote on the question of agreeing to 
            such a joint resolution or any amendment thereto unless the 
            figures then contained in such joint resolution or amendment 
            are mathematically consistent.
                (3) It shall not be in order in the Senate to consider 
            any amendment to any joint resolution introduced under 
            subsection (d) or any conference report thereon if such 
            amendment or conference report would have the effect of 
            decreasing any specific budget outlay reductions below the 
            level of such outlay reductions provided in such joint 
            resolution unless such amendment or conference report makes 
            a reduction in other specific budget outlays at least 
            equivalent to any increase in outlays provided by such 
            amendment or conference report.

[[Page 301]]

                (4) For purposes of the application of paragraph (3), 
            the level of outlays and specific budget outlay reductions 
            provided in an amendment shall be determined on the basis of 
            estimates made by the Committee on the Budget of the Senate.
            (i) Vote on final passage of joint resolution

                                Immediately following the conclusion of 
                            the debate on a joint resolution introduced 
                            under subsection (d), a single quorum call 
                            at the conclusion of the debate if requested 
                            in accordance with the rules of the Senate, 
                            and the disposition of any pending 
                            amendments under subsection (h), the vote on 
                            final passage of the joint resolution shall 
                            occur.

            (j) Appeal from decision of Chair

                                Appeals from the decisions of the Chair 
                            relating to the application of the rules of 
                            the Senate to the procedure relating to a 
                            joint resolution described in subsection (d) 
                            shall be decided without debate.

            (k) Conference reports

                                In the Senate, points of order under 
                            titles III and IV of the Congressional 
                            Budget Act of 1974 [2 U.S.C. 631 et seq., 
                            651 et seq.] (including points of order 
                            under sections 302(c), 303(a), 306, and 
                            401(b)(1) [2 U.S.C. 633(c), 634(a), 637, 
                            651(b)(1)]) are applicable to a conference 
                            report on the joint resolution or any 
                            amendments in disagreement thereto.

            (l) Resolution from other House

                                If, before the passage by the Senate of 
                            a joint resolution of the Senate introduced 
                            under subsection (d), the Senate receives 
                            from the House of Representatives a joint 
                            resolution introduced under subsection (d), 
                            then the following procedures shall apply:

                (1) The joint resolution of the House of Representatives 
            shall not be referred to a committee.
                (2) With respect to a joint resolution introduced under 
            subsection (d) in the Senate--
                            (A) the procedure in the Senate shall be the 
                        same as if no joint resolution had been received 
                        from the House; but
                            (B)(i) the vote on final passage shall be on 
                        the joint resolution of the House if it is 
                        identical to the joint resolution then pending 
                        for passage in the Senate; or

                                        (ii) if the joint resolution 
                                    from the House is not identical to 
                                    the joint resolution then pending 
                                    for passage in the Senate and the 
                                    Senate then passes the Senate joint 
                                    resolution, the Senate shall be 
                                    considered to have passed the House 
                                    joint resolution as amended by the 
                                    text of the Senate joint resolution.

                (3) Upon disposition of the joint resolution received 
            from the House, it shall no longer be in order to consider 
            the joint resolution originated in the Senate.
            (m) Senate action on House resolution

                                If the Senate receives from the House of 
                            Representatives a joint resolution 
                            introduced under subsection (d) after the 
                            Senate

[[Page 302]]

                            has disposed of a Senate originated joint 
                            resolution which is identical to the House 
                            passed joint resolution, the action of the 
                            Senate with regard to the disposition of the 
                            Senate originated joint resolution shall be 
                            deemed to be the action of the Senate with 
                            regard to the House originated joint 
                            resolution. If it is not identical to the 
                            House passed joint resolution, then the 
                            Senate shall be considered to have passed 
                            the joint resolution of the House as amended 
                            by the text of the Senate joint resolution. 
                            (Pub. L. 99-177, Title II, Sec. 258B, as 
                            added Pub. L. 101-508, Title XIII, 
                            Sec. 13101(g), Nov. 5, 1990, 104 Stat. 1388-
                            597.)

       310  Sec. 907d. Special reconciliation process
            (a) Reporting of resolutions and reconciliation bills and 
                resolutions, in Senate
                (1) Committee alternatives to Presidential order

                                After the submission of an OMB 
                            sequestration update report under section 
                            904 of this title that envisions a 
                            sequestration under section 902 or 903 of 
                            this title, each standing committee of the 
                            Senate may, not later than October 10, 
                            submit to the Committee on the Budget of the 
                            Senate information of the type described in 
                            section 632(d) of this title with respect to 
                            alternatives to the order envisioned by such 
                            report insofar as such order affects laws 
                            within the jurisdiction of the committee.

                (2) Initial Budget Committee action

                                After the submission of such a report, 
                            the Committee on the Budget of the Senate 
                            may, not later than October 15, report to 
                            the Senate a resolution. The resolution may 
                            affirm the impact of the order envisioned by 
                            such report, in whole or in part. To the 
                            extent that any part is not affirmed, the 
                            resolution shall state which parts are not 
                            affirmed and shall contain instructions to 
                            committees of the Senate of the type 
                            referred to in section 641(a) of this title, 
                            sufficient to achieve at least the total 
                            level of deficit reduction contained in 
                            those sections which are not affirmed.

                (3) Response of committees

                                Committees instructed pursuant to 
                            paragraph (2), or affected thereby, shall 
                            submit their responses to the Budget 
                            Committee no later than 10 days after the 
                            resolution referred to in paragraph (2) is 
                            agreed to, except that if only one such 
                            Committee is so instructed such Committee 
                            shall, by the same date, report to the 
                            Senate a reconciliation bill or 
                            reconciliation resolution containing its 
                            recommendations in response to such 
                            instructions. A committee shall be 
                            considered to have complied with all 
                            instructions to it pursuant to a resolution 
                            adopted under paragraph (2) if it has made 
                            recommendations with respect to matters 
                            within its jurisdiction which would result 
                            in a reduction in the deficit at least equal 
                            to the total reduction directed by such 
                            instructions.

                (4) Budget Committee action

                                Upon receipt of the recommendations 
                            received in response to a resolution 
                            referred to in paragraph (2), the Budget 
                            Committee shall report to the Senate a 
                            reconciliation bill or reconcili

[[Page 303]]

                            ation resolution, or both, carrying out all 
                            such recommendations without any substantive 
                            revisions. In the event that a committee 
                            instructed in a resolution referred to in 
                            paragraph (2) fails to submit any 
                            recommendation (or, when only one committee 
                            is instructed, fails to report a 
                            reconciliation bill or resolution) in 
                            response to such instructions, the Budget 
                            Committee shall include in the 
                            reconciliation bill or reconciliation 
                            resolution reported pursuant to this 
                            subparagraph legislative language within the 
                            jurisdiction of the noncomplying committee 
                            to achieve the amount of deficit reduction 
                            directed in such instructions.

                (5) Point of order

                                It shall not be in order in the Senate 
                            to consider any reconciliation bill or 
                            reconciliation resolution reported under 
                            paragraph (4) with respect to a fiscal year, 
                            any amendment thereto, or any conference 
                            report thereon if--

                            (A) the enactment of such bill or resolution 
                        as reported;
                            (B) the adoption and enactment of such 
                        amendment; or
                            (C) the enactment of such bill or resolution 
                        in the form recommended in such conference 
                        report,

                                would cause the amount of the deficit 
                            for such fiscal year to exceed the maximum 
                            deficit amount for such fiscal year, unless 
                            the low-growth report submitted under 
                            section 904 of this title projects negative 
                            real economic growth for such fiscal year, 
                            or for each of any two consecutive quarters 
                            during such fiscal year.

                (6) Treatment of certain amendments

                                In the Senate, an amendment which adds 
                            to a resolution reported under paragraph (2) 
                            an instruction of the type referred to in 
                            such paragraph shall be in order during the 
                            consideration of such resolution if such 
                            amendment would be in order but for the fact 
                            that it would be held to be non-germane on 
                            the basis that the instruction constitutes 
                            new matter.

                (7) ``Day'' defined

                                For purposes of paragraphs (1), (2), and 
                            (3), the term ``day'' shall mean any 
                            calendar day on which the Senate is in 
                            session.

            (b) Procedures
                (1) In general

                                Except as provided in paragraph (2), in 
                            the Senate the provisions of sections 636 
                            and 641 of this title for the consideration 
                            of concurrent resolutions on the budget and 
                            conference reports thereon shall also apply 
                            to the consideration of resolutions, and 
                            reconciliation bills and reconciliation 
                            resolutions reported under this paragraph 
                            and conference reports thereon.

                (2) Limit on debate

                                Debate in the Senate on any resolution 
                            reported pursuant to subsection (a)(2), and 
                            all amendments thereto and debatable motions 
                            and appeals in connection therewith, shall 
                            be limited to 10 hours.

                (3) Limitation on amendments

                                Section 641(d)(2) of this title shall 
                            apply to reconciliation bills and 
                            reconciliation resolutions reported under 
                            this subsection.

[[Page 304]]

                (4) Bills and resolutions received from the House

                                Any bill or resolution received in the 
                            Senate from the House, which is a companion 
                            to a reconciliation bill or reconciliation 
                            resolution of the Senate for the purposes of 
                            this subsection, shall be considered in the 
                            Senate pursuant to the provisions of this 
                            subsection.

                (5) ``Resolution'' defined

                                For purposes of this subsection, the 
                            term ``resolution'' means a simple, joint, 
                            or concurrent resolution. (Pub. L. 99-177, 
                            Title II, Sec. 258C, as added Pub. L. 101-
                            508, Title XIII, Sec. 13101(g), Nov. 5, 
                            1990, 104 Stat. 1388-600.)

                                    * * * * * * *

                        Chapter 20A--STATUTORY PAY-AS-YOU-GO

       311  Sec. 931. Purpose
                The purpose of this chapter is to reestablish a 
            statutory procedure to enforce a rule of budget neutrality 
            on new revenue and direct spending legislation. (Pub. L. 
            111-139, Title I, Sec. 2, Feb. 12, 2010, 124 Stat. 8.)
       312  Sec. 932. Definitions and applications
                As used in this chapter--
                            (1) The term ``BBEDCA'' means the Balanced 
                        Budget and Emergency Deficit Control Act of 
                        1985.
                            (2) The definitions set forth in section 622 
                        of this title and in section 250 of BBEDCA [2 
                        U.S.C. 900] shall apply to this chapter, except 
                        to the extent that they are specifically 
                        modified as follows:

                                (A) The term ``outyear'' means a fiscal 
                            year one or more years after the budget 
                            year.

                                (B) In section 250(c)(8)(C) [2 U.S.C. 
                            900(c)(8)(C)], the reference to the food 
                            stamp program shall be deemed to be a 
                            reference to the Supplemental Nutrition 
                            Assistance Program.

                            (3) The term ``AMT'' means the Alternative 
                        Minimum Tax for individuals under sections 55-59 
                        of title 26, the term ``EGTRRA'' means the 
                        Economic Growth and Tax Relief Reconciliation 
                        Act of 2001 (Public Law 107-16), and the term 
                        ``JGTRRA'' means the Jobs and Growth Tax Relief 
                        and 1 Reconciliation Act of 2003 (Public Law 
                        108-27).
                            (4)(A) The term ``budgetary effects'' means 
                        the amount by which PAYGO legislation changes 
                        outlays flowing from direct spending or revenues 
                        relative to the baseline and shall be determined 
                        on the basis of estimates prepared under section 
                        933 of this title. Budgetary effects that 
                        increase outlays flowing from direct spending or 
                        decrease revenues are termed ``costs'' and 
                        budgetary effects that increase revenues or 
                        decrease outlays flowing from direct spending 
                        are termed ``savings''. Budgetary effects shall 
                        not include any costs associated with debt 
                        service.
                            (B) For purposes of these definitions, off-
                        budget effects shall not be counted as budgetary 
                        effects.
                            (C) Solely for purposes of recording entries 
                        on a PAYGO scorecard, provisions in 
                        appropriation Acts are also considered to be 
                        budgetary effects for purposes of this chapter 
                        if such provisions make outyear modifications to 
                        substantive law, except that provisions for 
                        which

[[Page 305]]

                        the outlay effects net to zero over a period 
                        consisting of the current year, the budget year, 
                        and the 4 subsequent years shall not be 
                        considered budgetary effects. For purposes of 
                        this paragraph, the term, ``modifications to 
                        substantive law'' refers to changes to or 
                        restrictions on entitlement law or other 
                        mandatory spending contained in appropriations 
                        Acts, notwithstanding section 250(c)(8) of 
                        BBEDCA [2 U.S.C. 900(c)(8)]. Provisions in 
                        appropriations Acts that are neither outyear 
                        modifications to substantive law nor changes in 
                        revenues have no budgetary effects for purposes 
                        of this chapter.
                            (5) The term ``debit'' refers to the net 
                        total amount, when positive, by which costs 
                        recorded on the PAYGO scorecards for a fiscal 
                        year exceed savings recorded on those scorecards 
                        for that year.
                            (6) The term ``entitlement law'' refers to a 
                        section of law which provides entitlement 
                        authority.
                            (7) The term ``PAYGO legislation'' or a 
                        ``PAYGO Act'' refers to a bill or joint 
                        resolution that affects direct spending or 
                        revenue relative to the baseline. The budgetary 
                        effects of changes in revenues and outyear 
                        modifications to substantive law included in 
                        appropriation Acts as defined in paragraph (4) 
                        shall be treated as if they were contained in 
                        PAYGO legislation or a PAYGO Act.
                            (8) The term ``timing shift'' refers to a 
                        delay of the date on which outlays flowing from 
                        direct spending would otherwise occur from the 
                        ninth outyear to the tenth outyear or an 
                        acceleration of the date on which revenues would 
                        otherwise occur from the tenth outyear to the 
                        ninth outyear. (Pub. L. 111-139, Title I, 
                        Sec. 3, Feb. 12, 2010, 124 Stat. 8.)
       313  Sec. 933. PAYGO estimates and PAYGO scorecards
            (a) PAYGO estimates
                (1) Required designation in PAYGO Acts
                            (A) House of Representatives
                            To establish the budgetary effects of a 
                        PAYGO Act consistent with the determination made 
                        by the Chairman of the House Budget Committee, a 
                        PAYGO Act originated in or amended by the House 
                        of Representatives may include the following 
                        statement: ``The budgetary effects of this Act, 
                        for the purpose of complying with the Statutory 
                        Pay-As-You-Go-Act of 2010, shall be determined 
                        by reference to the latest statement titled 
                        `Budgetary Effects of PAYGO Legislation' for 
                        this Act, submitted for printing in the 
                        Congressional Record by the Chairman of the 
                        House Budget Committee, provided that such 
                        statement has been submitted prior to the vote 
                        on passage.''.
                            (B) Senate
                            To establish the budgetary effects of a 
                        PAYGO Act consistent with the determination made 
                        by the Chairman of the Senate Budget Committee, 
                        a PAYGO Act originated in or amended by the 
                        Senate shall include the following statement: 
                        ``The budgetary effects of this Act, for the 
                        purpose of complying with the Statutory Pay-As-
                        You-Go-Act of 2010, shall be determined by 
                        reference to the latest statement titled 
                        `Budgetary Effects of PAYGO Legislation' for 
                        this Act, submitted for printing in the 
                        Congressional Record by the Chairman of the 
                        Senate Budget Committee, provided that such 
                        statement has been submitted prior to the vote 
                        on passage.''.

[[Page 306]]

                            (C) Conference reports and amendments 
                        between the Houses
                            To establish the budgetary effects of the 
                        conference report on a PAYGO Act, or an 
                        amendment to an amendment between Houses on a 
                        PAYGO Act, which if estimated shall be estimated 
                        jointly by the Chairmen of the House and Senate 
                        Budget Committees, the conference report or 
                        amendment between the Houses shall include the 
                        following statement: ``The budgetary effects of 
                        this Act, for the purpose of complying with the 
                        Statutory Pay-As-You-Go-Act of 2010, shall be 
                        determined by reference to the latest statement 
                        titled `Budgetary Effects of PAYGO Legislation' 
                        for this Act, jointly submitted for printing in 
                        the Congressional Record by the Chairmen of the 
                        House and Senate Budget Committees, provided 
                        that such statement has been submitted prior to 
                        the vote on passage in the House acting first on 
                        this conference report or amendment between the 
                        Houses.''.
                (2) Determination of budgetary effects of PAYGO Acts
                            (A) Original legislation

                                (i) Statement and estimate

                                Prior to a vote on passage of a PAYGO 
                            Act originated or amended by one House, the 
                            Chairman of the Budget Committee of that 
                            House may submit for printing in the 
                            Congressional Record a statement titled 
                            ``Budgetary Effects of PAYGO Legislation'' 
                            which shall include an estimate of the 
                            budgetary effects of that Act, if available 
                            prior to passage of the Act by that House 
                            and shall submit, if applicable, an 
                            identification of any current policy 
                            adjustments made pursuant to section 936 of 
                            this title. The timely submission of such a 
                            statement, in conjunction with the 
                            appropriate designation made pursuant to 
                            paragraph (1)(A) or (1)(B), as applicable, 
                            shall establish the budgetary effects of the 
                            PAYGO Act for the purposes of this Act.

                                (ii) Effect

                                The latest statement submitted by the 
                            Chairman of the Budget Committee of that 
                            House prior to passage shall supersede any 
                            prior statements submitted in the 
                            Congressional Record and shall be valid only 
                            if the PAYGO Act is not further amended by 
                            either House.

                                (iii) Failure to submit estimate

                                If--

                                        (I) the estimate required by 
                                    clause (i) has not been submitted 
                                    prior to passage by that House;

                                        (II) such estimate has been 
                                    submitted but is no longer valid due 
                                    to a subsequent amendment to the 
                                    PAYGO Act; or

                                        (III) the designation required 
                                    pursuant to this subsection has not 
                                    been made;

                                        the budgetary effects of the 
                                    PAYGO Act shall be determined under 
                                    subsection (d)(3), provided that 
                                    this clause shall not apply if a 
                                    valid designation is subsequently 
                                    included in that PAYGO Act pursuant 
                                    to paragraph (1)(C) and a statement 
                                    is submitted pursuant to 
                                    subparagraph (B).

[[Page 307]]

                            (B) Conference reports and amendments 
                        between Houses

                                (i) In general

                Prior to the adoption of a report of a committee of 
            conference on a PAYGO Act in either House, or disposition of 
            an amendment to an amendment between Houses on a PAYGO Act, 
            the Chairmen of the Budget Committees of the House and 
            Senate may jointly submit for printing in the Congressional 
            Record a statement titled ``Budgetary Effects of PAYGO 
            Legislation'' which shall include an estimate of the 
            budgetary effects of that Act if available prior to passage 
            of the Act by the House acting first on the legislation and 
            shall submit, if applicable, an identification of any 
            current policy adjustments made pursuant to section 936 of 
            this title. The timely submission of such a statement, in 
            conjunction with the appropriate designation made pursuant 
            to paragraph (1)(C), shall establish the budgetary effects 
            of the PAYGO Act for the purposes of this Act.

                                (ii) Failure to submit estimate

                If such estimate has not been submitted prior to the 
            adoption of a report of a committee of conference by either 
            House, or if the designation required pursuant to this 
            subsection has not been made, the budgetary effects of the 
            PAYGO Act shall be determined under subsection (d)(3).
                (3) Procedure in the Senate
                In the Senate, upon submission of a statement titled 
            ``Budgetary Effects of PAYGO Legislation'' by the Chairman 
            of the Senate Budget Committee for printing in the 
            Congressional Record, the Legislative Clerk shall read the 
            statement.
                (4) Jurisdiction of the Budget Committees
                For the purposes of enforcing section 637 of this title, 
            a designation made pursuant to paragraph (1)(A), (1)(B), or 
            (1)(C), that includes only the language specifically 
            prescribed therein, shall not be considered a matter within 
            the jurisdiction of either the Senate or House Committees on 
            the Budget.
            (b) Omitted
            (c) Current policy adjustments for certain legislation
                (1) In general
                For any provision of legislation that meets the criteria 
            in subsection (c), (d), (e) or (f) of section 936 of this 
            title, the Chairs of the Committees on the Budget of the 
            House and Senate, as applicable, shall request that CBO 
            adjust the estimate of budgetary effects of that legislation 
            pursuant to paragraph (2) for the purposes of this chapter. 
            A single piece of legislation may contain provisions that 
            meet criteria in more than one of the subsections referred 
            to in the preceding sentence. CBO shall adjust estimates for 
            legislation designated under subsection (a) and estimated 
            under subsection (b). OMB shall adjust estimates for 
            legislation estimated under subsection (d)(3).
                (2) Adjustments
                            (A) Estimates
                CBO or OMB, as applicable, shall exclude from the 
            estimate of budgetary effects any budgetary effects of a 
            provision that meets the criteria in subsection (c), (d), 
            (e) or (f) of section 936 of this title, to the extent that 
            those budgetary effects, when combined with all other 
            excluded budgetary effects of any other previously 
            designated provisions of en

[[Page 308]]

            acted legislation under the same subsection of section 936 
            of this title, do not exceed the maximum applicable current 
            policy adjustment defined under the applicable subsection of 
            section 936 of this title for the applicable 10-year period.
                            (B) Baseline
                Any estimate made pursuant to subparagraph (A) shall be 
            prepared using baseline estimates supplied by the 
            Congressional Budget Office, consistent with section 907 of 
            this title. CBO estimates of legislation adjusted for 
            current policy shall include a separate presentation of 
            costs excluded from the calculation of budgetary effects for 
            the legislation, as well as an updated total of all excluded 
            costs of provisions within subsection (c), (d), or (e) of 
            section 936 of this title, as applicable, and in the case of 
            paragraph (1) of section 936(f) of this title, within any of 
            the subparagraphs (A) through (L) of such paragraph, as 
            applicable.
                (3) Limitation on availability of excess savings
                            (A) Prohibition on use of excess saving for 
                        ineligible policies
                To the extent the adjustment for current policy of any 
            provision estimated under this subsection exceeds the 
            estimated budgetary effects of that provision, these excess 
            savings shall not be available to offset the costs of any 
            provisions not otherwise eligible for a current policy 
            adjustment under section 936 of this title, and shall not be 
            counted on the PAYGO scorecards established pursuant to 
            subsections (d)(4) and (d)(5).
                            (B) Prohibition on use of excess savings 
                        across budget areas
                For provisions eligible for a current policy adjustment 
            under subsections (c) through (f) of section 936 of this 
            title, to the extent the adjustment for current policy of 
            any provision exceeds the estimated budgetary effects of 
            that same provision, the excess savings shall be available 
            only to offset the costs of other provisions that qualify 
            for a current policy adjustment in that same subsection. 
            Each paragraph in section 936(f)(1) of this title shall be 
            considered a separate subsection for purposes of this 
            section.
                (4) Further guidance on estimating budgetary effects
                Estimates of budgetary effects under this subsection 
            shall be consistent with the guidance provided at section 
            936(h) of this title.
                (5) Inclusion of statement
                For PAYGO legislation adjusted pursuant to section 936 
            of this title, the Chairman of the House or Senate Budget 
            Committee, as applicable, shall include in any statement 
            titled ``Budgetary Effects of PAYGO Legislation'', submitted 
            for that legislation pursuant to this section, an 
            explanation of the current policy designation and 
            adjustments.
            (d) OMB PAYGO scorecards
                (1) In general
                            OMB shall maintain and make publicly 
                        available a continuously updated document 
                        containing two PAYGO scorecards displaying the 
                        budgetary effects of PAYGO legislation as 
                        determined under section 639 of this title, 
                        applying the look-back requirement in subsection 
                        (e) and the averaging requirement in subsection 
                        (f), and a separate addendum displaying the 
                        estimates of the costs of provisions designated 
                        in statute as emergency requirements.

[[Page 309]]

                (2) Estimates in legislation
                            Except as provided in paragraph (3), in 
                        making the calculations for the PAYGO 
                        scorecards, OMB shall use the budgetary effects 
                        included by reference in the applicable 
                        legislation pursuant to subsection (a).
                (3) OMB PAYGO estimates
                            If a PAYGO Act does not contain a valid 
                        reference to its budgetary effects consistent 
                        with subsection (a), OMB shall estimate the 
                        budgetary effects of that legislation upon its 
                        enactment. The OMB estimate shall be based on 
                        the approaches to scorekeeping set forth in 
                        section 639 of this title, as amended by this 
                        title,3 and subsection (g)(4), and shall use the 
                        same economic and technical assumptions as used 
                        in the most recent budget submitted by the 
                        President under section 1105(a) of title 31.
                (4) 5-year scorecard
                            The first scorecard shall display the 
                        budgetary effects of PAYGO legislation in each 
                        year over the 5-year period beginning in the 
                        budget year.
                (5) 10-year scorecard
                            The second scorecard shall display the 
                        budgetary effects of PAYGO legislation in each 
                        year over the 10-year period beginning in the 
                        budget year.
                (6) Community Living Assistance Services and Supports 
            Act
                            Neither scorecard maintained by OMB pursuant 
                        to this subsection shall include net savings 
                        from any provisions of legislation titled 
                        ``Community Living Assistance Services and 
                        Supports Act'', which establishes a Federal 
                        insurance program for long-term care, if such 
                        legislation is enacted into law, or amended, 
                        subsequent to February 12, 2010.
            (e) Look-back to capture current-year effects
                For purposes of this section, OMB shall treat the 
            budgetary effects of PAYGO legislation enacted during a 
            session of Congress that occur during the current year as 
            though they occurred in the budget year.
            (f) Averaging used to measure compliance over 5-year and 10-
                year periods
                OMB shall cumulate the budgetary effects of a PAYGO Act 
            over the budget year (which includes any look-back effects 
            under subsection (e)) and--
                            (1) for purposes of the 5-year scorecard 
                        referred to in subsection (d)(4), the four 
                        subsequent outyears, divide that cumulative 
                        total by five, and enter the quotient in the 
                        budget-year column and in each subsequent column 
                        of the 5-year PAYGO scorecard; and
                            (2) for purposes of the 10-year scorecard 
                        referred to in subsection (d)(5), the nine 
                        subsequent outyears, divide that cumulative 
                        total by ten, and enter the quotient in the 
                        budget-year column and in each subsequent column 
                        of the 10-year PAYGO scorecard.
            (g) Emergency legislation
                (1) Designation in statute
                            If a provision of direct spending or revenue 
                        legislation in a PAYGO Act is enacted as an 
                        emergency requirement that the Congress so 
                        designates in statute pursuant to this section, 
                        the amounts of new

[[Page 310]]

                        budget authority, outlays, and revenue in all 
                        fiscal years resulting from that provision shall 
                        be treated as an emergency requirement for the 
                        purposes of this Act.

                (2) Designation in the House of Representatives

                            If a PAYGO Act includes a provision 
                        expressly designated as an emergency for the 
                        purposes of this chapter, the Chair shall put 
                        the question of consideration with respect 
                        thereto.

                (3) Point of order in the Senate

                            (A) In general

                            When the Senate is considering a PAYGO Act, 
                        if a point of order is made by a Senator against 
                        an emergency designation in that measure, that 
                        provision making such a designation shall be 
                        stricken from the measure and may not be offered 
                        as an amendment from the floor.

                            (B) Supermajority waiver and appeals

                                (i) Waiver

                                Subparagraph (A) may be waived or 
                            suspended in the Senate only by an 
                            affirmative vote of three-fifths of the 
                            Members, duly chosen and sworn.

                                (ii) Appeals

                                Appeals in the Senate from the decisions 
                            of the Chair relating to any provision of 
                            this subsection shall be limited to 1 hour, 
                            to be equally divided between, and 
                            controlled by, the appellant and the manager 
                            of the bill or joint resolution, as the case 
                            may be. An affirmative vote of three-fifths 
                            of the Members of the Senate, duly chosen 
                            and sworn, shall be required to sustain an 
                            appeal of the ruling of the Chair on a point 
                            of order raised under this subsection.

                            (C) Definition of an emergency designation

                            For purposes of subparagraph (A), a 
                        provision shall be considered an emergency 
                        designation if it designates any item as an 
                        emergency requirement pursuant to this 
                        subsection.

                            (D) Form of the point of order

                            A point of order under subparagraph (A) may 
                        be raised by a Senator as provided in section 
                        644(e) of this title.

                            (E) Conference reports

                            When the Senate is considering a conference 
                        report on, or an amendment between the Houses in 
                        relation to, a PAYGO Act, upon a point of order 
                        being made by any Senator pursuant to this 
                        section, and such point of order being 
                        sustained, such material contained in such 
                        conference report shall be deemed stricken, and 
                        the Senate shall proceed to consider the 
                        question of whether the Senate shall recede from 
                        its amendment and concur with a further 
                        amendment, or concur in the House amendment with 
                        a further amendment, as the case may be, which 
                        further amendment shall consist of only that 
                        portion of the conference report or House 
                        amendment, as the case may be, not so stricken. 
                        Any such motion in the Senate shall be 
                        debatable. In any case in which such point of 
                        order is sustained against a conference report 
                        (or Senate amendment derived from

[[Page 311]]

                        such conference report by operation of this 
                        subsection), no further amendment shall be in 
                        order.

                            (4) Effect of designation on scoring
                            If a provision is designated as an emergency 
                        requirement under this Act, CBO or OMB, as 
                        applicable, shall not include the budgetary 
                        effects of such a provision in its estimate of 
                        the budgetary effects of that PAYGO legislation. 
                        (Pub. L. 111-139, Title I, Sec. 4, Feb. 12, 
                        2010, 124 Stat. 9.)

                                    * * * * * * *

       314  Sec. 938. Determinations and points of order
                Nothing in this chapter shall be construed as limiting 
            the authority of the chairmen of the Committees on the 
            Budget of the House and Senate under section 643 of this 
            title. CBO may consult with the Chairmen of the House and 
            Senate Budget Committees to resolve any ambiguities in this 
            chapter. (Pub. L. 111-139, Title I, Sec. 12, Feb. 12, 2010, 
            124 Stat. 29.)
       315  Sec. 939. Limitation on changes to the Social Security Act
            (a) Limitation on changes to the Social Security Act
                Notwithstanding any other provision of law, it shall not 
            be in order in the Senate or the House of Representatives to 
            consider any bill or resolution pursuant to any expedited 
            procedure to consider the recommendations of a Task Force 
            for Responsible Fiscal Action or other commission that 
            contains recommendations with respect to the old-age, 
            survivors, and disability insurance program established 
            under title II of the Social Security Act [42 U.S.C. 401 et 
            seq.], or the taxes received under subchapter A of chapter 
            9; the taxes imposed by subchapter E of chapter 1; and the 
            taxes collected under section 86 of part II of subchapter B 
            of chapter 1 of the Internal Revenue Code.
            (b) Waiver
                This section may be waived or suspended in the Senate 
            only by the affirmative vote of three-fifths of the Members, 
            duly chosen and sworn.
            (c) Appeals
                An affirmative vote of three-fifths of the Members of 
            the Senate, duly chosen and sworn, shall be required in the 
            Senate to sustain an appeal of the ruling of the Chair on a 
            point of order raised under this section. (Pub. L. 111-139, 
            Title I, Sec. 13, Feb. 12, 2010, 124 Stat. 29.)

                      Chapter 24--CONGRESSIONAL ACCOUNTABILITY

       316  Sec. 1383. Procedural rules
            (a) In general
                The Executive Director shall, subject to the approval of 
            the Board, adopt rules governing the procedures of the 
            Office, including the procedures of hearing officers, which 
            shall be submitted for publication in the Congressional 
            Record. The rules may be amended in the same manner.
            (b) Procedure
                The Executive Director shall adopt rules referred to in 
            subsection (a) in accordance with the principles and 
            procedures set forth in section

[[Page 312]]

            553 of title 5. The Executive Director shall publish a 
            general notice of proposed rulemaking under section 553(b) 
            of title 5, but, instead of publication of a general notice 
            of proposed rulemaking in the Federal Register, the 
            Executive Director shall transmit such notice to the Speaker 
            of the House of Representatives and the President pro 
            tempore of the Senate for publication in the Congressional 
            Record on the first day on which both Houses are in session 
            following such transmittal. Before adopting rules, the 
            Executive Director shall provide a comment period of at 
            least 30 days after publication of a general notice of 
            proposed rulemaking. Upon adopting rules, the Executive 
            Director shall transmit notice of such action together with 
            a copy of such rules to the Speaker of the House of 
            Representatives and the President pro tempore of the Senate 
            for publication in the Congressional Record on the first day 
            on which both Houses are in session following such 
            transmittal. Rules shall be considered issued by the 
            Executive Director as of the date on which they are 
            published in the Congressional Record. (Pub. L. 104-1, Title 
            III, Sec. 303, Jan. 23, 1995, 109 Stat. 28.)
       317  Sec. 1384. Substantive regulations
            (a) Regulations
                (1) In general
                            The procedures applicable to the regulations 
                        of the Board issued for the implementation of 
                        this chapter, which shall include regulations 
                        the Board is required to issue under subchapter 
                        II (including regulations on the appropriate 
                        application of exemptions under the laws made 
                        applicable in subchapter II) are as prescribed 
                        in this section.
                (2) Rulemaking procedure
                            Such regulations of the Board--

                                (A) shall be adopted, approved, and 
                            issued in accordance with subsection (b); 
                            and

                                (B) shall consist of 3 separate bodies 
                            of regulations, which shall apply, 
                            respectively, to--

                                        (i) the Senate and employees of 
                                    the Senate;

                                        (ii) the House of 
                                    Representatives and employees of the 
                                    House of Representatives; and

                                        (iii) all other covered 
                                    employees and employing offices.

            (b) Adoption by Board
                The Board shall adopt the regulations referred to in 
            subsection (a)(1) in accordance with the principles and 
            procedures set forth in section 553 of title 5 and as 
            provided in the following provisions of this subsection:
                            (1) Proposal

                                The Board shall publish a general notice 
                            of proposed rulemaking under section 553(b) 
                            of title 5, but, instead of publication of a 
                            general notice of proposed rulemaking in the 
                            Federal Register, the Board shall transmit 
                            such notice to the Speaker of the House of 
                            Representatives and the President pro 
                            tempore of the Senate for publication in the 
                            Congressional Record on the first day on 
                            which both Houses are in session following 
                            such transmittal. Such notice shall set 
                            forth the recommendations of the Deputy 
                            Director for the Senate in regard to 
                            regulations under subsection (a)(2)(B)(i), 
                            the recommendations of the

[[Page 313]]

                            Deputy Director for the House of 
                            Representatives in regard to regulations 
                            under subsection (a)(2)(B)(ii), and the 
                            recommendations of the Executive Director 
                            for regulations under subsection 
                            (a)(2)(B)(iii).

                            (2) Comment

                                Before adopting regulations, the Board 
                            shall provide a comment period of at least 
                            30 days after publication of a general 
                            notice of proposed rulemaking.

                            (3) Adoption

                                After considering comments, the Board 
                            shall adopt regulations and shall transmit 
                            notice of such action together with a copy 
                            of such regulations to the Speaker of the 
                            House of Representatives and the President 
                            pro tempore of the Senate for publication in 
                            the Congressional Record on the first day on 
                            which both Houses are in session following 
                            such transmittal.

                            (4) Recommendation as to method of approval

                                The Board shall include a recommendation 
                            in the general notice of proposed rulemaking 
                            and in the regulations as to whether the 
                            regulations should be approved by resolution 
                            of the Senate, by resolution of the House of 
                            Representatives, by concurrent resolution, 
                            or by joint resolution.

            (c) Approval of regulations
                (1) In general
                            Regulations referred to in paragraph 
                        (2)(B)(i) of subsection (a) may be approved by 
                        the Senate by resolution or by the Congress by 
                        concurrent resolution or by joint resolution. 
                        Regulations referred to in paragraph (2)(B)(ii) 
                        of subsection (a) may be approved by the House 
                        of Representatives by resolution or by the 
                        Congress by concurrent resolution or by joint 
                        resolution. Regulations referred to in paragraph 
                        (2)(B)(iii) may be approved by Congress by 
                        concurrent resolution or by joint resolution.
                (2) Referral
                            Upon receipt of a notice of adoption of 
                        regulations under subsection (b)(3), the 
                        presiding officers of the House of 
                        Representatives and the Senate shall refer such 
                        notice, together with a copy of such 
                        regulations, to the appropriate committee or 
                        committees of the House of Representatives and 
                        of the Senate. The purpose of the referral shall 
                        be to consider whether such regulations should 
                        be approved, and, if so, whether such approval 
                        should be by resolution of the House of 
                        Representatives or of the Senate, by concurrent 
                        resolution or by joint resolution.
                (3) Joint referral and discharge in the Senate
                            The presiding officer of the Senate may 
                        refer the notice of issuance of regulations, or 
                        any resolution of approval of regulations, to 
                        one committee or jointly to more than one 
                        committee. If a committee of the Senate acts to 
                        report a jointly referred measure, any other 
                        committee of the Senate must act within 30 
                        calendar days of continuous session, or be 
                        automatically discharged.
                (4) One-House resolution or concurrent resolution
                            In the case of a resolution of the House of 
                        Representatives or the Senate or a concurrent 
                        resolution referred to in paragraph (1), the 
                        matter after the resolving clause shall be the 
                        following: ``The following regulations issued by 
                        the Office of Congressional Work

[[Page 314]]

                        place Rights on _____ are hereby approved:'' 
                        (the blank space being appropriately filled in, 
                        and the text of the regulations being set 
                        forth).
                (5) Joint resolution
                            In the case of a joint resolution referred 
                        to in paragraph (1), the matter after the 
                        resolving clause shall be the following: ``The 
                        following regulations issued by the Office of 
                        Congressional Workplace Rights on _____ are 
                        hereby approved and shall have the force and 
                        effect of law:'' (the blank space being 
                        appropriately filled in, and the text of the 
                        regulations being set forth).
            (d) Issuance and effective date
                (1) Publication
                            After approval of regulations under 
                        subsection (c), the Board shall submit the 
                        regulations to the Speaker of the House of 
                        Representatives and the President pro tempore of 
                        the Senate for publication in the Congressional 
                        Record on the first day on which both Houses are 
                        in session following such transmittal.
                (2) Date of issuance
                            The date of issuance of regulations shall be 
                        the date on which they are published in the 
                        Congressional Record under paragraph (1).
                (3) Effective date
                            Regulations shall become effective not less 
                        than 60 days after the regulations are issued, 
                        except that the Board may provide for an earlier 
                        effective date for good cause found (within the 
                        meaning of section 553(d)(3) of title 5) and 
                        published with the regulation.
            (e) Amendment of regulations
                Regulations may be amended in the same manner as is 
            described in this section for the adoption, approval, and 
            issuance of regulations, except that the Board may, in its 
            discretion, dispense with publication of a general notice of 
            proposed rulemaking of minor, technical, or urgent 
            amendments that satisfy the criteria for dispensing with 
            publication of such notice pursuant to section 553(b)(B) of 
            title 5. (Pub. L. 104-1, Title III, Sec. 304, Jan. 23, 1995, 
            109 Stat. 29; Pub. L. 115-397, Title III, Sec. 308(b)(12), 
            (13), Dec. 21, 2018, 132 Stat. 5326.)

                                    * * * * * * *
                               3 u.s.c.--the president

                   united states senate procedures enacted in law