§ 633. — Committee allocations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC633]
TITLE 2--THE CONGRESS
CHAPTER 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
SUBCHAPTER I--CONGRESSIONAL BUDGET PROCESS
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
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) of this section 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) of this section 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) of this section 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) of this section.
(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) of this
section and the subdivisions under subsection (b) of this section 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.
(e) Alteration of allocations
At any time after a committee reports the allocations required to be
made under subsection (b) of this section, 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) of this section 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) of this section 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) of this section to be exceeded.
(g) Pay-as-you-go exception in the House
(1) In general
(A) Subsection (f)(1) of this section 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.
(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) of this section 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 \1\ on
the Budget of the House of Representatives shall file with the House
appropriately revised allocations under subsection (a) of this
section and revised functional levels and budget aggregates to
reflect that bill.
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\1\ So in original. Probably should be capitalized.
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(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, Secs. 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.)
References in Text
This Act, referred to in subsec. (g)(2)(B), 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, and 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.
Codification
Section was formerly classified to section 1323 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. 10106(a), added subsec. (a)
and struck out former subsec. (a) which required inclusion of certain
allocations to committees of the House of Representatives and of the
Senate in the joint explanatory statement accompanying a conference
report on a concurrent resolution on the budget.
Subsec. (b). Pub. L. 105-33, Sec. 10106(a), added subsec. (b) and
struck out former subsec. (b) which required committees of each House to
subdivide among their subcommittees the allocations of budget outlays
and new budget authority allocated to them in joint explanatory
statement accompanying conference report on concurrent resolution on
budget and required further subdivisions of such allocations by
subcommittees.
Subsec. (c). Pub. L. 105-33, Sec. 10106(b), reenacted heading
without change and amended text generally. Prior to amendment, text read
as follows: ``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, providing--
``(1) new budget authority for a fiscal year; or
``(2) new spending authority as described in section 651(c)(2)
of this title for a fiscal year;
within the jurisdiction of any committee which has received an
appropriate allocation of such authority pursuant to subsection (a) of
this section for such fiscal year, unless and until such committee makes
the allocation or subdivisions required by subsection (b) of this
section, in connection with the most recently agreed to concurrent
resolution on the budget for such fiscal year.''
Subsec. (f)(1). Pub. L. 105-33, Sec. 10106(c)(1), substituted
``providing new budget authority for any fiscal year'' for ``providing
new budget authority for such fiscal year or new entitlement authority
effective during such fiscal year'' in introductory provisions and
``applicable allocation of new budget authority made under subsection
(a) or (b) of this section for the first fiscal year or the total of
fiscal years to be exceeded.'' for ``appropriate allocation made
pursuant to subsection (b) of this section for such fiscal year of new
discretionary budget authority or new entitlement authority to be
exceeded.'' in concluding provisions.
Subsec. (f)(2). Pub. L. 105-33, Sec. 10106(c)(2), reenacted heading
without change and amended text generally. Prior to amendment, text
provided that consideration in the Senate was not in order for certain
bills, joint resolutions, amendments, motions, or conference reports
that provided for budget outlays, new budget authority, or new spending
authority in excess of certain allocations.
Subsec. (g). Pub. L. 105-33, Sec. 10106(d), amended heading and text
of subsec. (g) generally. Prior to amendment, text read as follows:
``For purposes of this section, the levels of new budget authority,
spending authority as described in section 651(c)(2) of this title,
outlays, and new credit authority 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 the case may be.''
1990--Subsec. (a)(1). Pub. L. 101-508, Sec. 13201(b)(3)(A),
substituted ``and total entitlement authority'' for ``total entitlement
authority, and total credit authority'', ``or such entitlement
authority'' for ``such entitlement authority, or such credit
authority'', and ``and entitlement authority'' for ``entitlement
authority, and credit authority''.
Subsec. (a)(2). Pub. L. 101-508, Sec. 13303(c)(1), inserted ``social
security outlays for the fiscal year of the resolution and for each of
the 4 succeeding fiscal years,'' after ``appropriate levels of''.
Pub. L. 101-508, Sec. 13201(b)(3)(B), substituted ``total budget
outlays and total new budget authority'' for ``total budget outlays,
total new budget authority and new credit authority''.
Pub. L. 101-508, Sec. 13112(a)(6), struck out ``the House of
Representatives and'' after ``among each committee of''.
Subsec. (b)(1)(A). Pub. L. 101-508, Sec. 13201(b)(3)(C), substituted
``budget outlays and new budget authority'' for ``budget outlays, new
budget authority, and new credit authority''.
Subsec. (c). Pub. L. 101-508, Sec. 13207(a)(1)(A), substituted
``bill, joint resolution, amendment, motion, or conference report'' for
``bill or resolution, or amendment thereto''.
Subsec. (c)(3). Pub. L. 101-508, Sec. 13201(b)(3)(D), struck out
par. (3) which read as follows: ``new credit authority for a fiscal
year;''.
Subsec. (f)(1). Pub. L. 101-508, Sec. 13207(a)(1)(B), inserted
``joint'' before ``resolution'' the second and third places appearing in
introductory provisions.
Pub. L. 101-508, Sec. 13201(b)(3)(E), substituted ``year or new
entitlement authority effective during such fiscal year,'' for ``year,
new entitlement authority effective during such fiscal year, or new
credit authority for such fiscal year,'' in introductory provisions and
``authority or new entitlement authority'' for ``authority, new
entitlement authority, or new credit authority'' in closing provisions.
Subsec. (f)(2). Pub. L. 101-508, Sec. 13303(c)(3), inserted three
sentences at end beginning with ``In applying this paragraph--''.
Pub. L. 101-508, Sec. 13303(c)(2), which directed the insertion of
``or provides for social security outlays in excess of the appropriate
allocation of social security outlays under subsection (a) of this
section for the fiscal year of the resolution or for the total of that
year and the 4 succeeding fiscal years'' before the period, was executed
by making the insertion before the period at end of first sentence, as
the probable intent of Congress, in view of the applicability of the
amendment. See Effective and Termination Dates of 1990 Amendment note
below.
Pub. L. 101-508, Sec. 13207(a)(2), substituted ``outlays, new budget
authority, or new spending authority (as defined in section 651(c)(2) of
this title)'' for ``outlays or new budget authority''.
Pub. L. 101-508, Sec. 13207(a)(1)(B), substituted ``bill, joint
resolution, amendment, motion, or conference report'' for ``bill or
resolution (including a conference report thereon), or any amendment to
a bill or resolution''.
Pub. L. 101-508, Sec. 13201(b)(2), temporarily inserted ``or new
credit authority'' after ``new budget authority''. See Effective and
Termination Dates of 1990 Amendment note below.
Pub. L. 101-508, Sec. 13112(a)(7), inserted ``(A)'' after ``in
excess of'', substituted ``under subsection (a) of this section, or (B)
the appropriate allocation (if any) of such outlays or authority
reported under subsection (b) of this section'' for ``under subsection
(b) of this section'', and inserted after first sentence ``Subparagraph
(A) shall not apply to any bill, resolution, amendment, motion, or
conference report that is within the jurisdiction of the Committee on
Appropriations.''
1985--Pub. L. 99-177 substituted ``Committee allocations'' for
``Matters to be included in joint statement of managers; reports by
committees'' in section catchline.
Subsec. (a). Pub. L. 99-177 amended subsec. (a) generally, providing
for separate provisions relating to allocations of totals for the House
of Representatives and for the Senate, with respect to the joint
explanatory statement accompanying the conference report on a concurrent
resolution on the budget.
Subsec. (b). Pub. L. 99-177 amended subsec. (b) generally, inserting
applicability to new credit authority.
Subsec. (c). Pub. L. 99-177 amended subsec. (c) generally,
substituting provisions relating to point of order for provisions
relating to subsequent concurrent resolutions.
Subsecs. (d) to (g). Pub. L. 99-177, in amending section generally,
added subsecs. (d) to (g).
Effective and Termination Dates of 1990 Amendment
Section 13201(b)(2) of Pub. L. 101-508 provided that the amendment
made by that section is effective Jan. 1, 1991, for fiscal year 1991
only.
Section 13201(b)(3) of Pub. L. 101-508 provided that the amendment
made by that section is effective for fiscal years beginning after Sept.
30, 1991.
Amendment by section 13303(c) of Pub. L. 101-508 applicable with
respect to fiscal years beginning on or after Oct. 1, 1990, see section
13306 of Pub. L. 101-508, set out as an Effective Date of 1990 Amendment
note under section 632 of this title.
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, except that
such amendment, insofar as it relates to subsecs. (c), (f), and (g) of
this section, to become effective Apr. 15, 1986, see section 275(a)(1),
(2)(A) of Pub. L. 99-177, set out as an Effective and Termination Dates
note under section 900 of this title.
Section Referred to in Other Sections
This section is referred to in sections 632, 634, 639, 641, 642,
645, 651, 907a, 907c of this title.
