§ 643. — Determinations and points of order.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC643]
TITLE 2--THE CONGRESS
CHAPTER 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
SUBCHAPTER I--CONGRESSIONAL BUDGET PROCESS
Sec. 643. Determinations and points of order
(a) Budget Committee determinations
For purposes of this subchapter and subchapter II of this chapter,
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.
(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; amended Pub.
L. 105-33, title X, Sec. 10113(a), Aug. 5, 1997, 111 Stat. 687.)
References in Text
The Balanced Budget and Emergency Deficit Control Act of 1985,
referred to in subsec. (c), is title II of Pub. L. 99-177, Dec. 12,
1985, 99 Stat. 1038, as amended, which enacted chapter 20 (Sec. 900 et
seq.) and sections 654 to 656 of this title, amended sections 602, 622,
631 to 642, and 651 to 653 of this title, sections 1104 to 1106 and 1109
of Title 31, Money and Finance, and section 911 of Title 42, The Public
Health and Welfare, repealed section 661 of this title, enacted
provisions set out as notes under section 900 of this title and section
911 of Title 42, and amended provisions set out as a note under section
621 of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 900 of this title and Tables.
This Act, referred to in subsecs. (d) to (f), 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.
Amendments
1997--Pub. L. 105-33 amended section catchline and text generally.
Prior to amendment, section consisted of subsecs. (a) and (b) and
provided that each provision of this Act that established point of order
against an amendment also established point of order in Senate against
an amendment between Houses and prescribed effect of sustaining point of
order against an amendment or bill under this Act.
