§643 — Title 2 The Congress | U.S. Code

Summary

Budget numbers used under these rules must come from the estimates of the House or Senate Budget Committee, whichever body is handling the matter. The Senate may not take up a bill, amendment, motion, or conference report that would push discretionary spending past the caps set in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, unless Congress has declared war or passed the special joint resolution under section 258 of that Act. The Senate also may not consider a budget concurrent resolution (or amendments or a conference report on it) if the total outlays for the first year in that document or amendment go over the allowed level. A point of order about these rules cannot be raised while a correcting amendment or motion that would fix the problem is still pending. The same point-of-order rules apply to amendments sent between the House and Senate; if the Senate sustains such a point of order, the Senate is treated as having disagreed to the amendment. If a point of order against a bill or resolution is sustained, the Presiding Officer must send it back to the proper committee.

Title 2, §643

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(a)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)(1)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)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)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;

(d)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

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, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of this title, amended section 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, 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 section 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended section 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, and section 190b and 190d of this title, repealed section 571 and 581c–1 of former Title 31 and section 66 and 81 of this title, and enacted provisions set out as notes under section 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

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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.

§643 Determinations and Points of Order

Summary

Title 2, §643

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Amendments

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