    [United States Senate Manual, 118th Congress]
    [S. Doc. 118-1]
    [Cleaves Manual of Conferences and Conference Reports]
    [Pages 247-320]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 247]]
                                            [275]

                ____________________________________________________________

                       UNITED STATES SENATE PROCEDURES ENACTED IN LAW

                          Excerpts 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 118th Congress,
                                        2nd 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);

    [[Page 248]]

                                    (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

    [[Page 251]]

                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.)

                   Chapter 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

           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--

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                                            (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 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--

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                                    (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 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.)
           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

    [[Page 254]]

                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--
                                (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 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
                                (7) for 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.

                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;
                                (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;

    [[Page 255]]

                                (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 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 256]]

                (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 257]]

                (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 258]]

                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 259]]

                                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 260]]

                (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 261]]

                                (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 262]]

                                (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 263]]

           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 264]]

                    (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 265]]

                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 266]]

           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 267]]

                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 268]]

                (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 269]]

                                (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 270]]

                    (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 271]]

                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 272]]

                                    (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 273]]

                                (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 274]]

                (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 275]]

                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 276]]

                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 277]]

                (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 278]]

                                (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 279]]

                                            (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 280]]

                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 281]]

                    (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 282]]

                                                    (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 283]]

                                                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 284]]

                                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 285]]

           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 286]]

                                (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 287]]

                                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 288]]

                                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
                    It shall not be in order in the Senate or the House of
                Representatives to consider--
                                (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

    [[Page 289]]

                            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

                                            (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

    [[Page 290]]

                                                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
                            disagreement, 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

    [[Page 291]]

                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 292]]

                    (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 293]]

                            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 294]]

                            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 295]]

                (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 296]]

                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 297]]

                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),
                            314(e) and 314(f) of this Act and sections
                            258(a)(4)(C), 258A(b)(3)(C)(i)\2\, 258B(f)(1),
                            258B(h)(1), 258B(h)(3)\3\, 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.
                    \2\ So in law. Probably should read
                    ``258A(b)(3)(C)(i)''.
                    \3\ So in law. Probably should read ``258B(h)(3)''.
                    (d) Appeals.--

    [[Page 298]]

                                (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), 314(e) and 314(f) of this Act and
                            sections 258(a)(4)(C), 258A(b)(3)(C)(i) ,
                            258B(f)(1), 258B(h)(1), 258B(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.)\4\

                    \4\ 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.

    [[Page 299]]

                    (3) If any Committee to which a bill or resolution has
                been referred recommends its passage, the Appropriations
                Committee shall report that 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];

    [[Page 300]]

                    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
                    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 \5\
                    \5\ The Congressional Budget Office (CBO) is no longer
                    required to issue such a low growth report. Subsection
                    254(i) was made not applicable to CBO by Sec. 104(b) of
                    Pub. L. 112-25, the Budget Control Act of 2011.
                    (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

    [[Page 301]]

                                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 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.

    [[Page 302]]

                                (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;
                    (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

    [[Page 303]]

                                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 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.

    [[Page 304]]

                    (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 receives
                                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

    [[Page 305]]

                                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 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 sub

    [[Page 306]]

                section. 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 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.

    [[Page 307]]

                    (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.
                    (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

    [[Page 308]]

                                        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 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 para

    [[Page 309]]

                                graph (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 reconciliation
                                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.

    [[Page 310]]

                    (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.

                    (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

    [[Page 311]]

                            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 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

    [[Page 312]]

                            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.''.
                                (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

    [[Page 313]]

                                            (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).

                                (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)

    [[Page 314]]

                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 enacted 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.

    [[Page 315]]

                (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.
                    (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, 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

    [[Page 316]]

                                (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 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

    [[Page 317]]

                            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.

                                (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.)

    [[Page 318]]

                          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 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

    [[Page 319]]

                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 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 resolu

    [[Page 320]]

                            tion 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 Workplace 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.)

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                                   3 u.s.c.--the president

                       united states senate procedures enacted in law