2 USC 632 - Annual adoption of concurrent resolution on the budget

1 So in original. Probably should not be capitalized.

of the House of Representatives or the Senate that anticipates that the committee will consider any proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on any State, local, or tribal government, or likely to have a significant financial impact on the private sector, including any legislative proposal submitted by the executive branch likely to have such a budgetary or financial impact, shall include its views and estimates on that proposal to the Committee on the Budget of the applicable House.

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

The Internal Revenue Code of 1986, referred to in subsecs. (a) and (i), is classified generally to Title 26, Internal Revenue Code.

This Act, referred to in subsec. (span)(4), means Puspan. 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 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1153 and 1154 of former Title 31, section 105 of Title 1, General Provisions, sections 190span and 190d of this title, repealed sections 571 and 581c–1 of former Title 31 and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632, and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.

The Employment Act of 1946, referred to in subsec. (d), is act Fespan. 20, 1946, ch. 33, 60 Stat. 23, which is classified generally to chapter 21 (§ 1021 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1021 of Title 15 and Tables.

The Congressional Budget Act of 1974, referred to in subsec. (g)(3), is titles I through IX of Puspan. L. 93–344, July 12, 1974, 88 Stat. 297. Titles III and IV of the Act are classified generally to this subchapter (§ 631 et seq.) and subchapter II (§ 651 et seq.) of this chapter. 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 1322 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Puspan. L. 97–258, § 1, Sept. 13, 1982, 96 Stat. 877.

Amendments

2013—Subsec. (a). Puspan. L. 113–67, § 122(2), substituted “old-age” for “old age” in concluding provisions.

Subsec. (a)(6), (7). Puspan. L. 113–67, § 122(1), substituted “for purposes” for “For purposes”.

1997—Subsec. (a). Puspan. L. 105–33, § 10105(a), in introductory provisions, substituted “and for at least each of the 4 ensuing fiscal years” for “, and planning levels for each of the two ensuing fiscal years,”.

Subsec. (a)(1), (4). Puspan. L. 105–33, § 10105(span), substituted “and outlays” for “, budget outlays, direct loan obligations, and primary loan guarantee commitments”.

Subsec. (span)(7). Puspan. L. 105–33, § 10105(c)(1), added par. (7) and struck out former par. (7) which related to setting forth pay-as-you-go procedures for the Senate.

Subsec. (span)(9). Puspan. L. 105–33, § 10105(c)(2), (3), added par. (9).

Subsec. (d). Puspan. L. 105–33, § 10105(d), in first sentence, inserted “or at such time as may be requested by the Committee on the Budget,” after “title 31,”.

Subsec. (e). Puspan. L. 105–33, § 10105(e), designated existing provisions as par. (1), inserted par. span, added pars. (2) and (3), and struck out former last sentence consisting of pars. (1) to (9) which contained requirements for contents of report to accompany the concurrent resolution on the budget.

Subsec. (i). Puspan. L. 105–33, § 10105(f)(1), inserted span and substituted “(or amendment, motion, or conference report on the resolution)” for “as reported to the Senate”.

1995—Subsec. (d). Puspan. L. 104–4 inserted at end “Any Committee of the House of Representatives or the Senate that anticipates that the committee will consider any proposed legislation establishing, amending, or reauthorizing any Federal program likely to have a significant budgetary impact on any State, local, or tribal government, or likely to have a significant financial impact on the private sector, including any legislative proposal submitted by the executive branch likely to have such a budgetary or financial impact, shall include its views and estimates on that proposal to the Committee on the Budget of the applicable House.”

1990—Subsec. (a). Puspan. L. 101–508, § 13301(span), inserted at end: “The concurrent resolution shall not include the outlays and revenue totals of the old age, survivors, and disability insurance program established under title II of the Social Security Act or the related provisions of the Internal Revenue Code of 1986 in the surplus or deficit totals required by this subsection or in any other surplus or deficit totals required by this subchapter.”

Subsec. (a)(6), (7). Puspan. L. 101–508, § 13303(a), added pars. (6) and (7).

Subsec. (span)(5), (6). Puspan. L. 101–508, § 13203, added pars. (5) and (6).

Subsec. (span)(7), (8). Puspan. L. 101–508, § 13204, added pars. (7) and (8).

Subsec. (d). Puspan. L. 101–508, § 13112(a)(5), substituted “Within 6 weeks after the President submits a budget under section 1105(a) of title 31” for “On or before February 25 of each year”.

Subsec. (i). Puspan. L. 101–508, § 13303(span), amended subsec. (i) generally, substituting present provisions for former provisions relating to maximum deficit amounts.

1988—Subsec. (e)(10). Puspan. L. 100–418 temporarily added par. (10). See Effective and Termination Dates of 1988 Amendment note below.

1987—Subsec. (g). Puspan. L. 100–119, § 208(a), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “The joint explanatory statement accompanying a conference report on a concurrent resolution on the budget shall set forth the common economic assumptions upon which such joint statement and conference report are based, or upon which any amendment contained in the joint explanatory statement to be proposed by the conferees in the case of technical disagreement is based.”

Subsec. (i)(2). Puspan. L. 100–119, § 106(d), designated existing provisions as subpar. (A) and added subpars. (B) and (C).

1985—Puspan. L. 99–177 substituted “Adoption of concurrent resolution on the budget” for “Adoption of first concurrent resolution” in section catchline.

Subsec. (a). Puspan. L. 99–177 amended subsec. (a) generally, substituting provisions relating to span of concurrent resolution on the budget, for provisions relating to action required to be completed by May 15 of each year.

Subsec. (span). Puspan. L. 99–177 amended subsec. (span) generally, inserting provisions relating to achievement of goals for reducing unemployment and provisions relating to reconciliation directives described in section 641 of this title.

Subsec. (c). Puspan. L. 99–177 amended subsec. (c) generally, substituting provisions relating to consideration of procedures or matters which have the effect of changing any rule of the House of Representatives, for provisions relating to submission on or before March 15 of each year of the views and estimates of other committees.

Subsec. (d). Puspan. L. 99–177 amended subsec. (d) generally, substituting provisions relating to views and estimates of other committees, for provisions relating to hearings and report in developing the first concurrent resolution on the budget.

Subsec. (e). Puspan. L. 99–177 amended subsec. (e) generally, substituting provisions relating to hearings and report in developing the concurrent resolution on the budget, for provisions relating to achievement of goals for reducing unemployment.

Subsecs. (f) to (i). Puspan. L. 99–177, §§ 201(span), 275(span)(2)(B), in amending section generally, added subsecs. (f) to (i).

1978—Subsec. (a)(6), (7). Puspan. L. 95–523, § 304(a), added par. (6) and redesignated former par. (6) as (7).

Subsec. (d). Puspan. L. 95–523, § 303(a), which directed insertion in subsec. (c) provisions relating to consideration by the Committee on the Budget of each House respecting short-term and medium-term goals set forth in the Joint Economic Committee report and the reflection of its views in its report and insertion of “also” after “concurrent resolution shall” was executed to subsec. (d) to reflect the probable intent of Congress.

Subsec. (e). Puspan. L. 95–523, § 304(span), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Amendment by Puspan. L. 104–4 effective Jan. 1, 1996, or on the date 90 days after appropriations are made available as authorized under section 1516 of this title, whichever is earlier, and applicable to legislation considered on and after such date, see section 110 of Puspan. L. 104–4, set out as an Effective Date note under section 1511 of this title.

Effective Date of 1990 Amendment

Puspan. L. 101–508, title XIII, § 13306, Nov. 5, 1990, 104 Stat. 1388–628, provided that: “Sections 13301, 13302, and 13303 and any amendments made by such sections [amending this section and sections 633 and 642 of this title and enacting provisions set out as notes under this section] shall apply with respect to fiscal years beginning on or after October 1, 1990. Section 13304 [amending section 401 of Title 42, The Public Health and Welfare] shall be effective for annual reports of the Board of Trustees issued in or after calendar year 1991.”

Effective and Termination Dates of 1988 Amendment

Amendment by Puspan. L. 100–418 effective for fiscal years 1989, 1990, 1991, and 1992, see section 5303 of Puspan. L. 100–418, set out as a note under section 1105 of Title 31, Money and Finance.

Effective Date of 1985 Amendment

Amendment by Puspan. 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 Puspan. L. 99–177, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Puspan. L. 112–25, title I, § 104(a), Aug. 2, 2011, 125 Stat. 246.

Exclusion of Social Security From All Budgets

Puspan. L. 101–508, title XIII, § 13301(a), Nov. 5, 1990, 104 Stat. 1388–623, provided that: “Notwithstanding any other provision of law, the receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of—

“(1) the budget of the United States Government as submitted by the President,

“(2) the congressional budget, or

“(3) the Balanced Budget and Emergency Deficit Control Act of 1985 [see Short Title note set out under section 900 of this title].”

Protection of OASDI Trust Funds in House of Representatives

Puspan. L. 101–508, title XIII, § 13302, Nov. 5, 1990, 104 Stat. 1388–623, provided that:

“(a)In General.—It shall not be in order in the House of Representatives to consider any bill or joint resolution, as reported, or any amendment thereto or conference report thereon, if, upon enactment—

“(1)

(A) such legislation under consideration would provide for a net increase in OASDI benefits of at least 0.02 percent of the present value of future taxable payroll for the 75-year period utilized in the most recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security Act [42 U.S.C. 401(c)(2)], and (B) such legislation under consideration does not provide at least a net increase, for such 75-year period, in OASDI taxes of the amount by which the net increase in such benefits exceeds 0.02 percent of the present value of future taxable payroll for such 75-year period,

“(2)

(A) such legislation under consideration would provide for a net increase in OASDI benefits (for the 5-year estimating period for such legislation under consideration), (B) such net increase, together with the net increases in OASDI benefits resulting from previous legislation enacted during that fiscal year or any of the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, exceeds $250,000,000, and (C) such legislation under consideration does not provide at least a net increase, for the 5-year estimating period for such legislation under consideration, in OASDI taxes which, together with net increases in OASDI taxes resulting from such previous legislation which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, equals the amount by which the net increase derived under subparagraph (B) exceeds $250,000,000;

“(3)

(A) such legislation under consideration would provide for a net decrease in OASDI taxes of at least 0.02 percent of the present value of future taxable payroll for the 75-year period utilized in the most recent annual report of the Board of Trustees provided pursuant to section 201(c)(2) of the Social Security Act, and (B) such legislation under consideration does not provide at least a net decrease, for such 75-year period, in OASDI benefits of the amount by which the net decrease in such taxes exceeds 0.02 percent of the present value of future taxable payroll for such 75-year period, or

“(4)

(A) such legislation under consideration would provide for a net decrease in OASDI taxes (for the 5-year estimating period for such legislation under consideration), (B) such net decrease, together with the net decreases in OASDI taxes resulting from previous legislation enacted during that fiscal year or any of the previous 4 fiscal years (as estimated at the time of enactment) which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, exceeds $250,000,000, and (C) such legislation under consideration does not provide at least a net decrease, for the 5-year estimating period for such legislation under consideration, in OASDI benefits which, together with net decreases in OASDI benefits resulting from such previous legislation which are attributable to those portions of the 5-year estimating periods for such previous legislation that fall within the 5-year estimating period for such legislation under consideration, equals the amount by which the net decrease derived under subparagraph (B) exceeds $250,000,000.

“(span)Application.—In applying paragraph (3) or (4) of subsection (a), any provision of any bill or joint resolution, as reported, or any amendment thereto, or conference report thereon, the effect of which is to provide for a net decrease for any period in taxes described in subsection (c)(2)(A) shall be disregarded if such bill, joint resolution, amendment, or conference report also includes a provision the effect of which is to provide for a net increase of at least an equivalent amount for such period in medicare taxes.

“(c)Definitions.—For purposes of this subsection:

“(1) The term ‘OASDI benefits’ means the benefits under the old-age, survivors, and disability insurance programs under title II of the Social Security Act [42 U.S.C. 401 et seq.].

“(2) The term ‘OASDI taxes’ means—

“(A) the taxes imposed under sections 1401(a), 3101(a), and 3111(a) of the Internal Revenue Code of 1986 [26 U.S.C. 1401(a), 3101(a), 3111(a)], and

“(B) the taxes imposed under chapter 1 of such Code [26 U.S.C. 1 et seq.] (to the extent attributable to section 86 of such Code [26 U.S.C. 86]).

“(3) The term ‘medicare taxes’ means the taxes imposed under sections 1401(span), 3101(span), and 3111(span) of the Internal Revenue Code of 1986.

“(4) The term ‘previous legislation’ shall not include legislation enacted before fiscal year 1991.

“(5) The term ‘5-year estimating period’ means, with respect to any legislation, the fiscal year in which such legislation becomes or would become effective and the next 4 fiscal years.

“(6) 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 shall be treated as affecting the amount of OASDI taxes referred to in paragraph (2)(B) unless such provision changes the income tax treatment of OASDI benefits.”

Balanced Federal Budgets; Congressional Budget Committee Reports by April 15, 1979, 1980, and 1981, of Balanced Fiscal Year Budgets for 1981 and 1982

Puspan. L. 96–5, § 5, Apr. 2, 1979, 93 Stat. 8, which provided that Congress shall balance the Federal budget, that the Budget Committees were to report, by April 15, 1979, a fiscal year budget for 1981 that would be in balance, and also a fiscal year budget for 1982 that would be in balance, and by April 15, 1980, a fiscal year budget for 1981 that would be in balance, and by April 15, 1981, a fiscal year budget for 1982 that would be in balance, and that the Budget Committees were to show the consequences of each budget on each budget function and on the economy, setting forth the effects on revenues, spending, employment, inflation, and national security, was repealed by Puspan. L. 97–258, § 5(span), Sept. 13, 1982, 96 Stat. 1068.

Application of Congressional Budget Process to Fiscal Year Beginning July 1, 1975

Puspan. L. 93–344, title IX, § 906, July 12, 1974, 88 Stat. 332, provided for application of provisions of this subchapter and sections 602(f), 651, and 652 of this title with respect to the fiscal year beginning July 1, 1975, to the extent agreed to by the Committees on the Budget of the House of Representatives and the Senate, prior to repeal by Puspan. L. 105–33, title X, § 10120(a), Aug. 5, 1997, 111 Stat. 696.