§633. Committee allocations

(a) Allocation of totals

(1) For the House of Representatives, the joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall include an estimated allocation, based upon such concurrent resolution as recommended in such conference report, of the appropriate levels of total budget outlays, total new budget authority, and total entitlement authority among each committee of the House of Representatives which has jurisdiction over laws, bills and resolutions providing such new budget authority,¹ or such entitlement authority. The allocation shall, for each committee, divide new budget authority,¹ and entitlement authority between amounts provided or required by law on the date of such conference report (mandatory or uncontrollable amounts), and amounts not so provided or required (discretionary or controllable amounts), and shall make the same division for estimated outlays that would result from such new budget authority.

(2) For the Senate, the joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall include an estimated allocation, based upon such concurrent resolution as recommended in such conference report, of the appropriate levels of social security outlays for the fiscal year of the resolution and for each of the 4 succeeding fiscal years, total budget outlays and total new budget authority among each committee of the Senate which has jurisdiction over bills and resolutions providing such new budget authority.

(b) Reports by committees

As soon as practicable after a concurrent resolution on the budget is agreed to-

(1) the Committee on Appropriations of each House shall, after consulting with the Committee on Appropriations of the other House, (A) subdivide among its subcommittees the allocation of budget outlays and new budget authority allocated to it in the joint explanatory statement accompanying the conference report on such concurrent resolution, and (B) further subdivide the amount with respect to each such subcommittee between controllable amounts and all other amounts; and

(2) every other committee of the House and Senate to which an allocation was made in such joint explanatory statement shall, after consulting with the committee or committees of the other House to which all or part of its allocation was made, (A) subdivide such allocation among its subcommittees or among programs over which it has jurisdiction, and (B) further subdivide the amount with respect to each subcommittee or program between controllable amounts and all other amounts.

Each such committee shall promptly report to its House the subdivisions made by it pursuant to this subsection.

(c) Point of order

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.

(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 such fiscal year or new entitlement authority effective during such 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 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.

(2) In the Senate

At any time after the Congress has completed action on the concurrent resolution on the budget required to be reported under section 632(a) of this title for a fiscal year, it shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report, that provides for budget outlays, new budget authority, or new spending authority (as defined in section 651(c)(2) of this title) in excess of (A) the appropriate allocation of such outlays or authority reported 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 in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year 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. Subparagraph (A) shall not apply to any bill, resolution, amendment, motion, or conference report that is within the jurisdiction of the Committee on Appropriations. In applying this paragraph-

(A) estimated social security outlays shall be deemed to be reduced by the excess of estimated social security revenues (including social security revenues provided for in the bill, resolution, amendment, or conference report with respect to which this paragraph is applied) over the appropriate level of social security revenues specified in the most recently adopted concurrent resolution on the budget;

(B) estimated social security outlays shall be deemed increased by the shortfall of estimated social security revenues (including social security revenues provided for in the bill, resolution, amendment, or conference report with respect to which this paragraph is applied) below the appropriate level of social security revenues specified in the most recently adopted concurrent resolution on the budget; and

(C) 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 [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.

The Chairman of the Committee on the Budget of the Senate may file with the Senate appropriately revised allocations under subsection (a) of this section and revised functional levels and aggregates to reflect the application of the preceding sentence. Such revised allocations, functional levels, and aggregates shall be considered as allocations, functional levels, and aggregates contained in the most recently agreed to concurrent resolution on the budget, and the appropriate committees shall report revised allocations pursuant to subsection (b) of this section.

(g) Determinations by Budget Committees

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.

( Pub. L. 93–344, title III, §302, July 12, 1974, 88 Stat. 308 ; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1044 ; Pub. L. 101–508, title XIII, §§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.)

References in Text

The Internal Revenue Code of 1986, referred to in subsec. (f)(2)(C), is classified generally to Title 26, Internal Revenue Code.

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, §1, Sept. 13, 1982, 96 Stat. 877 .

Amendments

1990-Subsec. (a)(1). Pub. L. 101–508, §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, §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, §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, §13112(a)(6), struck out "the House of Representatives and" after "among each committee of".

Subsec. (b)(1)(A). Pub. L. 101–508, §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, §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, §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, §13207(a)(1)(B), inserted "joint" before "resolution" the second and third places appearing in introductory provisions.

Pub. L. 101–508, §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, §13303(c)(3), inserted three sentences at end beginning with "In applying this paragraph-".

Pub. L. 101–508, §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, §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, §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, §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, §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.

Senate Waiver of Point of Order Provision

Waiver or suspension of subsec. (c) or (f) of this section only by affirmative vote of three-fifths of the Senate, except with regard to joint resolutions reported or discharged pursuant to section 904(a) of this title, see section 271(b) of Pub. L. 99–177, set out as a Waivers and Suspensions in the Senate note under section 901 of this title.

Appeals of Rulings

Appeal of ruling of the Chair on point of order raised under subsec. (c) or (f) of this section sustained only by affirmative vote of three-fifths of the Senate, see section 271(c) of Pub. L. 99–177, set out as a note under section 901 of this title.

Section Referred to in Other Sections

This section is referred to in sections 632, 639, 641, 642, 651, 665a, 665e, 907a, 907c, 908 of this title.

¹ So in original. The comma probably should not appear.