§ 632. — Annual adoption of concurrent resolution on the budget.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC632]
TITLE 2--THE CONGRESS
CHAPTER 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
SUBCHAPTER I--CONGRESSIONAL BUDGET PROCESS
Sec. 632. Annual adoption of concurrent resolution on the budget
(a) Content of concurrent resolution on the budget
On or before April 15 of each year, the Congress shall complete
action on a concurrent resolution on the budget for the fiscal year
beginning on October 1 of such year. The concurrent resolution shall set
forth appropriate levels for the fiscal year beginning on October 1 of
such year and for at least each of the 4 ensuing fiscal years for the
following--
(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 \1\ 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
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\1\ So in original. Probably should not be capitalized.
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(7) For \1\ 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,\2\ 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.
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\2\ So in original. Probably should be ``old-age,''.
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(b) Additional matters in concurrent resolution
The concurrent resolution on the budget may--
(1) set forth, if required by subsection (f) of this section,
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;
(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) of this section 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) of this
section which relate to matters within its jurisdiction or functions.
Any Committee \3\ 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.
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\3\ So in original. Probably should not be capitalized.
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(e) Hearings and report
(1) In general
In developing the concurrent resolution on the budget referred
to in subsection (a) of this section 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) of this section 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.
(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)
of this section) 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
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, Secs. 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,
Secs. 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.)
References in Text
The Social Security Act, referred to in subsec. (a), is act Aug. 14,
1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social Security
Act is classified generally to subchapter II (Sec. 401 et seq.) of
chapter 7 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title 42 and
Tables.
The Internal Revenue Code of 1986, referred to in subsecs. (a) and
(i), is classified generally to Title 26, Internal Revenue Code.
This Act, referred to in subsec. (b)(4), means Pub. L. 93-344, July
12, 1974, 88 Stat. 297, as amended, known as the Congressional Budget
and Impoundment Control Act of 1974, which enacted chapters 17, 17A and
17B, and section 190a-3 of this title and sections 11a, 11c, 11d, 1020a
of former Title 31, Money and Finance, amended sections 11, 665, 701,
1020, 1151, 1152, 1153 and 1154 of former Title 31, section 105 of Title
1, General Provisions, sections 190b and 190d of this title, repealed
sections 571 and 581c-1 of former Title 31 and sections 66 and 81 of
this title, and enacted provisions set out as notes under sections 190a-
1, 621, 632, and 682 of this title, section 105 of Title 1, and section
1020 of former Title 31. For complete classification of this Act to the
Code, see Short Title note set out under section 621 of this title and
Tables.
The Employment Act of 1946, referred to in subsec. (d), is act Feb.
20, 1946, ch. 33, 60 Stat. 23, as amended, which is classified generally
to chapter 21 (Sec. 1021 et seq.) of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see Short Title note
set out under section 1021 of Title 15 and Tables.
The Congressional Budget Act of 1974, referred to in subsec. (g)(3),
is titles I through IX of Pub. L. 93-344, July 12, 1974, 88 Stat. 297,
as amended. Titles III and IV of the Act are classified generally to
this subchapter (Sec. 631 et seq.) and subchapter II (Sec. 651 et seq.)
of this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 621 of this title and Tables.
Codification
Section was formerly classified to section 1322 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1997--Subsec. (a). Pub. L. 105-33, Sec. 10105(a), in introductory
provisions, substituted ``and for at least each of the 4 ensuing fiscal
years'' for ``, and planning levels for each of the two ensuing fiscal
years,''.
Subsec. (a)(1), (4). Pub. L. 105-33, Sec. 10105(b), substituted
``and outlays'' for ``, budget outlays, direct loan obligations, and
primary loan guarantee commitments''.
Subsec. (b)(7). Pub. L. 105-33, Sec. 10105(c)(1), added par. (7) and
struck out former par. (7) which related to setting forth pay-as-you-go
procedures for the Senate.
Subsec. (b)(9). Pub. L. 105-33, Sec. 10105(c)(2), (3), added par.
(9).
Subsec. (d). Pub. L. 105-33, Sec. 10105(d), in first sentence,
inserted ``or at such time as may be requested by the Committee on the
Budget,'' after ``title 31,''.
Subsec. (e). Pub. L. 105-33, Sec. 10105(e), designated existing
provisions as par. (1), inserted par. heading, added pars. (2) and (3),
and struck out former last sentence consisting of pars. (1) to (9) which
contained requirements for contents of report to accompany the
concurrent resolution on the budget.
Subsec. (i). Pub. L. 105-33, Sec. 10105(f)(1), inserted heading and
substituted ``(or amendment, motion, or conference report on the
resolution)'' for ``as reported to the Senate''.
1995--Subsec. (d). Pub. L. 104-4 inserted at end ``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.''
1990--Subsec. (a). Pub. L. 101-508, Sec. 13301(b), inserted at end:
``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.''
Subsec. (a)(6), (7). Pub. L. 101-508, Sec. 13303(a), added pars. (6)
and (7).
Subsec. (b)(5), (6). Pub. L. 101-508, Sec. 13203, added pars. (5)
and (6).
Subsec. (b)(7), (8). Pub. L. 101-508, Sec. 13204, added pars. (7)
and (8).
Subsec. (d). Pub. L. 101-508, Sec. 13112(a)(5), substituted ``Within
6 weeks after the President submits a budget under section 1105(a) of
title 31'' for ``On or before February 25 of each year''.
Subsec. (i). Pub. L. 101-508, Sec. 13303(b), amended subsec. (i)
generally, substituting present provisions for former provisions
relating to maximum deficit amounts.
1988--Subsec. (e)(10). Pub. L. 100-418 temporarily added par. (10).
See Effective and Termination Dates of 1988 Amendment note below.
1987--Subsec. (g). Pub. L. 100-119, Sec. 208(a), amended subsec. (g)
generally. Prior to amendment, subsec. (g) read as follows: ``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.''
Subsec. (i)(2). Pub. L. 100-119, Sec. 106(d), designated existing
provisions as subpar. (A) and added subpars. (B) and (C).
1985--Pub. L. 99-177 substituted ``Adoption of concurrent resolution
on the budget'' for ``Adoption of first concurrent resolution'' in
section catchline.
Subsec. (a). Pub. L. 99-177 amended subsec. (a) generally,
substituting provisions relating to content of concurrent resolution on
the budget, for provisions relating to action required to be completed
by May 15 of each year.
Subsec. (b). Pub. L. 99-177 amended subsec. (b) generally, inserting
provisions relating to achievement of goals for reducing unemployment
and provisions relating to reconciliation directives described in
section 641 of this title.
Subsec. (c). Pub. L. 99-177 amended subsec. (c) generally,
substituting provisions relating to consideration of procedures or
matters which have the effect of changing any rule of the House of
Representatives, for provisions relating to submission on or before
March 15 of each year of the views and estimates of other committees.
Subsec. (d). Pub. L. 99-177 amended subsec. (d) generally,
substituting provisions relating to views and estimates of other
committees, for provisions relating to hearings and report in developing
the first concurrent resolution on the budget.
Subsec. (e). Pub. L. 99-177 amended subsec. (e) generally,
substituting provisions relating to hearings and report in developing
the concurrent resolution on the budget, for provisions relating to
achievement of goals for reducing unemployment.
Subsecs. (f) to (i). Pub. L. 99-177, Secs. 201(b), 275(b)(2)(B), in
amending section generally, added subsecs. (f) to (i).
1978--Subsec. (a)(6), (7). Pub. L. 95-523, Sec. 304(a), added par.
(6) and redesignated former par. (6) as (7).
Subsec. (d). Pub. L. 95-523, Sec. 303(a), which directed insertion
in subsec. (c) provisions relating to consideration by the Committee on
the Budget of each House respecting short-term and medium-term goals set
forth in the Joint Economic Committee report and the reflection of its
views in its report and insertion of ``also'' after ``concurrent
resolution shall'' was executed to subsec. (d) to reflect the probable
intent of Congress.
Subsec. (e). Pub. L. 95-523, Sec. 304(b), added subsec. (e).
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-4 effective Jan. 1, 1996, or on the date 90
days after appropriations are made available as authorized under section
1516 of this title, whichever is earlier, and applicable to legislation
considered on and after such date, see section 110 of Pub. L. 104-4, set
out as an Effective Date note under section 1511 of this title.
Effective Date of 1990 Amendment
Section 13306 of Pub. L. 101-508 provided that: ``Sections 13301,
13302, and 13303 and any amendments made by such sections [amending this
section and sections 633 and 642 of this title and enacting provisions
set out as notes under this section] shall apply with respect to fiscal
years beginning on or after October 1, 1990. Section 13304 [amending
section 401 of Title 42, The Public Health and Welfare] shall be
effective for annual reports of the Board of Trustees issued in or after
calendar year 1991.''
Effective and Termination Dates of 1988 Amendment
Amendment by Pub. L. 100-418 effective for fiscal years 1989, 1990,
1991, and 1992, see section 5303 of Pub. L. 100-418, set out as a note
under section 1105 of Title 31, Money and Finance.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-177 effective Dec. 12, 1985, and applicable
with respect to fiscal years beginning after Sept. 30, 1985, see section
275(a)(1) of Pub. L. 99-177, set out as an Effective and Termination
Dates note under section 900 of this title.
Exclusion of Social Security From All Budgets
Section 13301(a) of Pub. L. 101-508 provided that: ``Notwithstanding
any other provision of law, the receipts and disbursements of the
Federal Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund shall not be counted as new budget
authority, outlays, receipts, or deficit or surplus for purposes of--
``(1) the budget of the United States Government as submitted by
the President,
``(2) the congressional budget, or
``(3) the Balanced Budget and Emergency Deficit Control Act of
1985 [see Short Title note set out under section 900 of this
title].''
Protection of OASDI Trust Funds in House of Representatives
Section 13302 of Pub. L. 101-508 provided that:
``(a) In General.--It shall not be in order in the House of
Representatives to consider any bill or joint resolution, as reported,
or any amendment thereto or conference report thereon, if, upon
enactment--
``(1)(A) such legislation under consideration would provide for
a net increase in OASDI benefits of at least 0.02 percent of the
present value of future taxable payroll for the 75-year period
utilized in the most recent annual report of the Board of Trustees
provided pursuant to section 201(c)(2) of the Social Security Act
[42 U.S.C. 401(c)(2)], and (B) such legislation under consideration
does not provide at least a net increase, for such 75-year period,
in OASDI taxes of the amount by which the net increase in such
benefits exceeds 0.02 percent of the present value of future taxable
payroll for such 75-year period,
``(2)(A) such legislation under consideration would provide for
a net increase in OASDI benefits (for the 5-year estimating period
for such legislation under consideration), (B) such net increase,
together with the net increases in OASDI benefits resulting from
previous legislation enacted during that fiscal year or any of the
previous 4 fiscal years (as estimated at the time of enactment)
which are attributable to those portions of the 5-year estimating
periods for such previous legislation that fall within the 5-year
estimating period for such legislation under consideration, exceeds
$250,000,000, and (C) such legislation under consideration does not
provide at least a net increase, for the 5-year estimating period
for such legislation under consideration, in OASDI taxes which,
together with net increases in OASDI taxes resulting from such
previous legislation which are attributable to those portions of the
5-year estimating periods for such previous legislation that fall
within the 5-year estimating period for such legislation under
consideration, equals the amount by which the net increase derived
under subparagraph (B) exceeds $250,000,000;
``(3)(A) such legislation under consideration would provide for
a net decrease in OASDI taxes of at least 0.02 percent of the
present value of future taxable payroll for the 75-year period
utilized in the most recent annual report of the Board of Trustees
provided pursuant to section 201(c)(2) of the Social Security Act,
and (B) such legislation under consideration does not provide at
least a net decrease, for such 75-year period, in OASDI benefits of
the amount by which the net decrease in such taxes exceeds 0.02
percent of the present value of future taxable payroll for such 75-
year period, or
``(4)(A) such legislation under consideration would provide for
a net decrease in OASDI taxes (for the 5-year estimating period for
such legislation under consideration), (B) such net decrease,
together with the net decreases in OASDI taxes resulting from
previous legislation enacted during that fiscal year or any of the
previous 4 fiscal years (as estimated at the time of enactment)
which are attributable to those portions of the 5-year estimating
periods for such previous legislation that fall within the 5-year
estimating period for such legislation under consideration, exceeds
$250,000,000, and (C) such legislation under consideration does not
provide at least a net decrease, for the 5-year estimating period
for such legislation under consideration, in OASDI benefits which,
together with net decreases in OASDI benefits resulting from such
previous legislation which are attributable to those portions of the
5-year estimating periods for such previous legislation that fall
within the 5-year estimating period for such legislation under
consideration, equals the amount by which the net decrease derived
under subparagraph (B) exceeds $250,000,000.
``(b) Application.--In applying paragraph (3) or (4) of subsection
(a), any provision of any bill or joint resolution, as reported, or any
amendment thereto, or conference report thereon, the effect of which is
to provide for a net decrease for any period in taxes described in
subsection (c)(2)(A) shall be disregarded if such bill, joint
resolution, amendment, or conference report also includes a provision
the effect of which is to provide for a net increase of at least an
equivalent amount for such period in medicare taxes.
``(c) Definitions.--For purposes of this subsection:
``(1) The term `OASDI benefits' means the benefits under the
old-age, survivors, and disability insurance programs under title II
of the Social Security Act [42 U.S.C. 401 et seq.].
``(2) The term `OASDI taxes' means--
``(A) the taxes imposed under sections 1401(a), 3101(a), and
3111(a) of the Internal Revenue Code of 1986 [26 U.S.C. 1401(a),
3101(a), 3111(a)], and
``(B) the taxes imposed under chapter 1 of such Code [26
U.S.C. 1 et seq.] (to the extent attributable to section 86 of
such Code [26 U.S.C. 86]).
``(3) The term `medicare taxes' means the taxes imposed under
sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue Code
of 1986.
``(4) The term `previous legislation' shall not include
legislation enacted before fiscal year 1991.
``(5) The term `5-year estimating period' means, with respect to
any legislation, the fiscal year in which such legislation becomes
or would become effective and the next 4 fiscal years.
``(6) No provision of any bill or resolution, or any amendment
thereto or conference report thereon, involving a change in chapter
1 of the Internal Revenue Code of 1986 shall be treated as affecting
the amount of OASDI taxes referred to in paragraph (2)(B) unless
such provision changes the income tax treatment of OASDI benefits.''
Balanced Federal Budgets; Congressional Budget Committee Reports by
April 15, 1979, 1980, and 1981, of Balanced Fiscal Year Budgets for 1981
and 1982
Pub. L. 96-5, Sec. 5, Apr. 2, 1979, 93 Stat. 8, which provided that
Congress shall balance the Federal budget, that the Budget Committees
were to report, by April 15, 1979, a fiscal year budget for 1981 that
would be in balance, and also a fiscal year budget for 1982 that would
be in balance, and by April 15, 1980, a fiscal year budget for 1981 that
would be in balance, and by April 15, 1981, a fiscal year budget for
1982 that would be in balance, and that the Budget Committees were to
show the consequences of each budget on each budget function and on the
economy, setting forth the effects on revenues, spending, employment,
inflation, and national security, was repealed by Pub. L. 97-258,
Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068.
Application of Congressional Budget Process to Fiscal Year Beginning
July 1, 1975
Section 906 of Pub. L. 93-344 provided for application of provisions
of this subchapter and sections 602(f), 651, and 652 of this title with
respect to the fiscal year beginning July 1, 1975, to the extent agreed
to by the Committees on the Budget of the House of Representatives and
the Senate, prior to repeal by Pub. L. 105-33, title X, Sec. 10120(a),
Aug. 5, 1997, 111 Stat. 696.
Section Referred to in Other Sections
This section is referred to in sections 622, 633, 635, 636, 641,
655, 907d of this title; title 31 section 1105.
