§ 642. — Budgetrelated legislation must be within appropriate levels.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC642]
TITLE 2--THE CONGRESS
CHAPTER 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
SUBCHAPTER I--CONGRESSIONAL BUDGET PROCESS
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) of this section, 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;
(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) of this section, 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) of this section, 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) of this section 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
(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, Secs. 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.)
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (b)(2), is
classified generally to Title 26, Internal Revenue Code.
Codification
Section was formerly classified to section 1332 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--Pub. L. 105-33 amended section catchline and text generally.
Prior to amendment, section provided that new budget authority, new
spending authority, and revenue legislation had to be within appropriate
levels.
1990--Subsec. (a). Pub. L. 101-508, Sec. 13303(d), designated
existing provisions as par. (1), redesignated former pars. (1) to (3)
thereof as subpars. (A) to (C), respectively, and added par. (2).
Pub. L. 101-508, Sec. 13207(a)(1)(E), substituted ``bill, joint
resolution, amendment, motion, or conference report'' for ``bill,
resolution, or amendment'' and struck out ``or any conference report on
any such bill or resolution'' after ``reducing revenues for such fiscal
year,''.
Pub. L. 101-508, Sec. 13112(a)(10), in closing provisions,
substituted ``except in the case that a declaration of war by the
Congress is in effect'' for ``or, in the Senate, would otherwise result
in a deficit for such fiscal year that--
``(A) for fiscal year 1989 or any subsequent fiscal year,
exceeds the maximum deficit amount specified for such fiscal year in
section 622(7) of this title; and
``(B) for fiscal year 1988 or 1989, exceeds the amount of the
estimated deficit for such fiscal year based on laws and regulations
in effect on January 1 of the calendar year in which such fiscal
year begins as measured using the budget baseline specified in
section 901(a)(6) of this title minus $23,000,000,000 for fiscal
year 1988 or $36,000,000,000 for fiscal year 1989;
except to the extent that paragraph (1) of section 632(i) of this title
or section 635(b) of this title, as the case may be, does not apply by
reason of paragraph (2) of such subsection.''
1987--Subsec. (a). Pub. L. 100-119 substituted ``would otherwise
result in a deficit for such fiscal year that--
``(A) for fiscal year 1989 or any subsequent fiscal year,
exceeds the maximum deficit amount specified for such fiscal year in
section 622(7) of this title; and
``(B) for fiscal year 1988 or 1989, exceeds the amount of the
estimated deficit for such fiscal year based on laws and regulations
in effect on January 1 of the calendar year in which such fiscal
year begins as measured using the budget baseline specified in
section 901(a)(6) of this title minus $23,000,000,000 for fiscal
year 1988 or $36,000,000,000 for fiscal year 1989;
except to the extent that paragraph (1) of section 632(i) of this title
or section 635(b) of this title, as the case may be, does not apply by
reason of paragraph (2) of such subsection'' for ``would otherwise
result in a deficit for such fiscal year that exceeds the maximum
deficit amount specified for such fiscal year in section 622(7) of this
title (except to the extent that paragraph (1) of section 632(i) of this
title or section 635(b) of this title, as the case may be, does not
apply by reason of paragraph (2) of such subsection)''.
1985--Subsec. (a). Pub. L. 99-177 amended subsec. (a) generally,
striking out references to sections 641 and 651 of this title, and
inserting provisions relating to nonconsideration in Senate of any bill,
resolution, etc., resulting in a fiscal year deficit exceeding maximum
deficit amount specified in section 622(7) of this title, with certain
exceptions.
Subsec. (b). Pub. L. 99-177 amended subsec. (b) generally,
substituting provisions setting forth exceptions in the House of
Representatives for certain bills, etc., under subsec. (a) of this
section, for provisions relating to determination of outlays and
revenues.
Subsec. (c). Pub. L. 99-177, in amending section generally, added
subsec. (c).
Effective Date of 1990 Amendment
Amendment by section 13303(d) 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 a 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, 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.
Section Referred to in Other Sections
This section is referred to in sections 633, 907a of this title.
