2 U.S.C. § 900 (2024) — Title 2: THE CONGRESS / Chapter 20: EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS / Subchapter I: ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT AMOUNT / Section 900: Statement of budget enforcement through sequestration; definitions
Statement of budget enforcement through sequestration; definitions
Status: in_force

(a) Omitted

(b) General statement of budget enforcement through sequestration

This subchapter provides for budget enforcement as called for in House Concurrent Resolution 84 (105th Congress, 1st session).

(c) Definitions

As used in this subchapter:

(1) The terms "budget authority", "new budget authority", "outlays", and "deficit" have the meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control Act of 1974 [2 U.S.C. 622] and "discretionary spending limit" shall mean the amounts specified in section 901 of this title.

(2) The terms "sequester" and "sequestration" refer to or mean the cancellation of budgetary resources provided by discretionary appropriations or direct spending law.

(3) The term "breach" means, for any fiscal year, the amount (if any) by which new budget authority or outlays for that year (within a category of discretionary appropriations) is above that category's discretionary spending limit for new budget authority or outlays for that year, as the case may be.

(4)(A) The term "nonsecurity category" means all discretionary appropriations not included in the security category defined in subparagraph (B).

(B) The term "security category" includes discretionary appropriations associated with agency budgets for the Department of Defense, the Department of Homeland Security, the Department of Veterans Affairs, the National Nuclear Security Administration, the intelligence community management account (95–0401–0–1–054), and all budget accounts in budget function 150 (international affairs).

(C) The term "discretionary category" includes all discretionary appropriations.

(D) The term "revised security category" means discretionary appropriations in budget function 050.

(E) The term "revised nonsecurity category" means discretionary appropriations other than in budget function 050.

(F) The term "category" means the subsets of discretionary appropriations in section 901(c) of this title. Discretionary appropriations in each of the categories shall be those designated in the joint explanatory statement accompanying the conference report on the Balanced Budget Act of 1997. New accounts or activities shall be categorized only after consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate and that consultation shall, to the extent practicable, include written communication to such committees that affords such committees the opportunity to comment before official action is taken with respect to new accounts or activities.

(5) The term "baseline" means the projection (described in section 907 of this title) of current-year levels of new budget authority, outlays, receipts, and the surplus or deficit into the budget year and the outyears.

(6) The term "budgetary resources" means new budget authority, unobligated balances, direct spending authority, and obligation limitations.

(7) The term "discretionary appropriations" means budgetary resources (except to fund direct-spending programs) provided in appropriation Acts.

(8) The term "direct spending" means—

(A) budget authority provided by law other than appropriation Acts;

(B) entitlement authority; and

(C) the Supplemental Nutrition Assistance Program.

(9) The term "current" means, with respect to OMB estimates included with a budget submission under section 1105(a) of title 31, the estimates consistent with the economic and technical assumptions underlying that budget and with respect to estimates made after that budget submission that are not included with it, estimates consistent with the economic and technical assumptions underlying the most recently submitted President's budget.

(10) The term "real economic growth", with respect to any fiscal year, means the growth in the gross national product during such fiscal year, adjusted for inflation, consistent with Department of Commerce definitions.

(11) The term "account" means an item for which appropriations are made in any appropriation Act and, for items not provided for in appropriation Acts, such term means an item for which there is a designated budget account identification code number in the President's budget.

(12) The term "budget year" means, with respect to a session of Congress, the fiscal year of the Government that starts on October 1 of the calendar year in which that session begins.

(13) The term "current year" means, with respect to a budget year, the fiscal year that immediately precedes that budget year.

(14) The term "outyear" means a fiscal year one or more years after the budget year.

(15) The term "OMB" means the Director of the Office of Management and Budget.

(16) The term "CBO" means the Director of the Congressional Budget Office.

(17) As used in this subchapter, all references to entitlement authority shall include the list of mandatory appropriations included in the joint explanatory statement of managers accompanying the conference report on the Balanced Budget Act of 1997.

(18) The term "deposit insurance" refers to the expenses of the Federal deposit insurance agencies, and other Federal agencies supervising insured depository institutions, resulting from full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates.

(19) The term "asset sale" means the sale to the public of any asset (except for those assets covered by title V of the Congressional Budget Act of 1974 [2 U.S.C. 661 et seq.]), whether physical or financial, owned in whole or in part by the United States.

(20) The term "emergency" means a situation that—

(A) requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and

(B) is unanticipated.

(21) The term "unanticipated" means that the underlying situation is—

(A) sudden, which means quickly coming into being or not building up over time;

(B) urgent, which means a pressing and compelling need requiring immediate action;

(C) unforeseen, which means not predicted or anticipated as an emerging need; and

(D) temporary, which means not of a permanent duration.

(Pub. L. 99–177, title II, §250, as added Pub. L. 101–508, title XIII, §13101(a), Nov. 5, 1990, 104 Stat. 1388–574, and Pub. L. 99–177, title II, §250(c)(21), formerly §257(12), as added Pub. L. 100–119, title I, §102(b)(7), Sept. 29, 1987, 101 Stat. 774, renumbered §250(c)(21), Pub. L. 101–508, title XIII, §13101(b), Nov. 5, 1990, 104 Stat. 1388–589; amended Pub. L. 105–33, title X, §§10202, 10204(a)(2), 10208(a)(2), Aug. 5, 1997, 111 Stat. 697, 702, 708; Pub. L. 105–178, title VIII, §8101(c), (f), June 9, 1998, 112 Stat. 489; Pub. L. 105–206, title IX, §9013(b), July 22, 1998, 112 Stat. 865; Pub. L. 106–291, title VIII, §801(c), Oct. 11, 2000, 114 Stat. 1028; Pub. L. 108–88, §10(c), Sept. 30, 2003, 117 Stat. 1127; Pub. L. 108–310, §10(c), Sept. 30, 2004, 118 Stat. 1160; Pub. L. 109–59, title VIII, §8001(b), Aug. 10, 2005, 119 Stat. 1915; Pub. L. 111–139, title I, §9(a), Feb. 12, 2010, 124 Stat. 21; Pub. L. 112–25, title I, §102, Aug. 2, 2011, 125 Stat. 245; Pub. L. 113–67, div. A, title I, §101(d)(1), Dec. 26, 2013, 127 Stat. 1168.)

Editorial Notes

References in Text

House Concurrent Resolution 84, referred to in subsec. (b), is H. Con. Res. 84, June 5, 1997, 111 Stat. 2710, which is not classified to the Code.

The Balanced Budget Act of 1997, referred to in subsec. (c)(4)(F), (17), is Pub. L. 105–33, Aug. 5, 1997, 111 Stat. 251. For complete classification of this Act to the Code, see Tables.

The Congressional Budget Act of 1974, referred to in subsec. (c)(19), is titles I through IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Title V of the Act, known as the Federal Credit Reform Act of 1990, was added by Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–609, and is classified generally to subchapter III (§661 et seq.) of chapter 17A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Tables.

Codification

Subsection (a) of this section, which provided a partial table of contents for this subchapter, was omitted from the Code.

Pub. L. 101–508, §13101(b), transferred section 257(12) of Pub. L. 99–177, which was classified to section 907(12) of this title, to subsec. (c)(21) (now (c)(19)) of this section.

Amendments

2013—Subsec. (c)(4)(D) to (F). Pub. L. 113–67 added subpars. (D) to (F).

2011—Subsec. (c)(4). Pub. L. 112–25, §102(1), added par. (4) and struck out former par. (4) which defined the terms "category", "highway category", "mass transit category", "conservation spending category", "Federal and State Land and Water Conservation Fund sub-category", "State and Other Conservation sub-category", "Urban and Historic Preservation sub-category", "Payments in Lieu of Taxes sub-category", "Federal Deferred Maintenance sub-category", and "Coastal Assistance sub-category" and provided a special rule for outlays in excess of the discretionary spending limit for the highway or mass transit category.

Subsec. (c)(8)(C). Pub. L. 112–25, §102(2), substituted "the Supplemental Nutrition Assistance Program" for "the food stamp program".

Subsec. (c)(14). Pub. L. 112–25, §102(3), added par. (14) and struck out former par. (14) which read as follows: "The term 'outyear' means, with respect to a budget year, any of the first 4 fiscal years that follow the budget year."

Subsec. (c)(20), (21). Pub. L. 112–25, §102(4), added pars. (20) and (21).

2010—Subsec. (c)(18). Pub. L. 111–139 substituted "the expenses of the Federal deposit insurance agencies" for "the expenses the Federal deposit insurance agencies".

2005—Subsec. (c)(4)(B). Pub. L. 109–59, §8001(b)(1)(A), substituted "the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users:" for "the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2004, Part V and the Surface Transportation Extension Act of 2003:" in introductory provisions.

Subsec. (c)(4)(B)(v) to (vii). Pub. L. 109–59, §8001(b)(1)(B), added cls. (v) to (vii).

Subsec. (c)(4)(C). Pub. L. 109–59, §8001(b)(2), added heading and text of subpar. (C) and struck out former subpar. (C) which provided that the term "mass transit category" referred to the budget accounts as listed in cls. (i) to (vi) that were subject to the obligation limitations on contract authority provided in the Transportation Equity Act for the 21st Century, the Surface Transportation Extension Act of 2004, Part V, and the Surface Transportation Extension Act of 2003, or for which appropriations were provided pursuant to authorizations contained in those Acts, with certain exceptions, and that such term also referred to the Washington Metropolitan Transit Authority account (69–1128–0–1–401) only for fiscal year 1999 only for appropriations provided pursuant to authorizations contained in section 14 of Public Law 96–184 and Public Law 101–551.

2004—Subsec. (c)(4)(B). Pub. L. 108–310, §10(c)(1), inserted "and the Surface Transportation Extension Act of 2004, Part V" after "Century".

Subsec. (c)(4)(C). Pub. L. 108–310, §10(c)(2)(A), inserted "and the Surface Transportation Extension Act of 2004, Part V" after "provided in the Transportation Equity Act for the 21st Century".

Pub. L. 108–310, §10(c)(2)(B), which directed the substitution of "those Acts" for "that Act", could not be executed because the words "that Act" did not appear subsequent to amendment by Pub. L. 108–88. See 2003 Amendment note below.

2003—Subsec. (c)(4)(B). Pub. L. 108–88, §10(c)(1), inserted "and the Surface Transportation Extension Act of 2003" after "Century".

Subsec. (c)(4)(C). Pub. L. 108–88, §10(c)(2), inserted "and the Surface Transportation Extension Act of 2003" after "Century" the first place it appears and substituted "those Acts" for "that Act".

2000—Subsec. (c)(4)(E) to (K). Pub. L. 106–291 added subpars. (E) to (K).

1998—Subsec. (c)(4). Pub. L. 105–178, §8101(c), designated existing provisions as subpar. (A) and added subpars. (B) to (D).

Subsec. (c)(4)(C). Pub. L. 105–178, §8101(f), as added by Pub. L. 105–206, §9013(b), in introductory provisions, substituted "Century or" for "Century and" and "as amended by the Transportation Equity Act for the 21st Century" for "as amended by this section", and inserted concluding provisions.

1997—Subsec. (a). Pub. L. 105–33, §§10204(a)(2), 10208(a)(2), amended table of contents. See Codification note above.

Subsec. (b). Pub. L. 105–33, §10202(a), substituted present text for former text which read as follows: "This subchapter provides for the enforcement of the deficit reduction assumed in House Concurrent Resolution 310 (101st Congress, second session) and the applicable deficit targets for fiscal years 1991 through 1995. Enforcement, as necessary, is to be implemented through sequestration—

"(1) to enforce discretionary spending levels assumed in that resolution (with adjustments as provided hereinafter);

"(2) to enforce the requirement that any legislation increasing direct spending or decreasing revenues be on a pay-as-you-go basis; and

"(3) to enforce the deficit targets specifically set forth in the Congressional Budget and Impoundment Control Act of 1974 (with adjustments as provided hereinafter);

applied in the order set forth above."

Subsec. (c)(1). Pub. L. 105–33, §10202(b)(1), struck out "(but including the treatment specified in section 907(b)(3) of this title of the Hospital Insurance Trust Fund) and the terms 'maximum deficit amount' " before "and 'discretionary" and substituted "section 901" for "section 601 of that Act as adjusted under sections 901 and 903".

Subsec. (c)(4). Pub. L. 105–33, §10202(b)(2), added par. (4) and struck out former par. (4) which read as follows: "The term 'category' means:

"(A) For fiscal years 1991, 1992, and 1993, any of the following subsets of discretionary appropriations: defense, international, or domestic. Discretionary appropriations in each of the three categories shall be those so designated in the joint statement of managers accompanying the conference report on the Omnibus Budget Reconciliation Act of 1990. New accounts or activities shall be categorized in consultation with the Committees on Appropriations and the Budget of the House of Representatives and the Senate.

"(B) For fiscal years 1994 and 1995, all discretionary appropriations.

Contributions to the United States to offset the cost of Operation Desert Shield shall not be counted within any category."

Subsec. (c)(6). Pub. L. 105–33, §10202(b)(3), added par. (6) and struck out former par. (6) which read as follows: "The term 'budgetary resources' means—

"(A) with respect to budget year 1991, new budget authority; unobligated balances; new loan guarantee commitments or limitations; new direct loan obligations, commitments, or limitations; direct spending authority; and obligation limitations; or

"(B) with respect to budget year 1992, 1993, 1994, or 1995, new budget authority; unobligated balances; direct spending authority; and obligation limitations."

Subsec. (c)(9). Pub. L. 105–33, §10202(b)(4), substituted "that budget submission that are not included with it" for "submission of the fiscal year 1992 budget that are not included with a budget submission".

Subsec. (c)(14). Pub. L. 105–33, §10202(b)(5), inserted "first 4" before "fiscal years" and struck out "through fiscal year 1995" after "the budget year".

Subsec. (c)(17). Pub. L. 105–33, §10202(b)(6), (7), redesignated par. (18) as (17), substituted "Balanced Budget Act of 1997" for "Omnibus Budget Reconciliation Act of 1990", and struck out former par. (17) which read as follows: "For purposes of sections 902 and 903 of this title, legislation enacted during the second session of the One Hundred First Congress shall be deemed to have been enacted before November 5, 1990."

Subsec. (c)(18). Pub. L. 105–33, §10202(b)(6), (8), redesignated par. (19) as (18) and substituted "the Federal deposit insurance agencies, and other Federal agencies supervising insured depository institutions, resulting from full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates." for "of the Federal Deposit Insurance Corporation and the funds it incorporates, the Resolution Trust Corporation, the National Credit Union Administration and the funds it incorporates, the Office of Thrift Supervision, the Comptroller of the Currency Assessment Fund, and the RTC Office of Inspector General." Former par. (18) redesignated (17).

Subsec. (c)(19). Pub. L. 105–33, §10202(b)(9), added par. (19) and struck out former par. (19) which read as follows: "The sale of an asset means the sale to the public of any asset, whether physical or financial, owned in whole or in part by the United States. The term 'prepayment of a loan' means payments to the United States made in advance of the schedules set by law or contract when the financial asset is first acquired, such as the prepayment to the Federal Financing Bank of loans guaranteed by the Rural Electrification Administration. If a law or contract allows a flexible payment schedule, the term 'in advance' shall mean in advance of the slowest payment schedule allowed under such law or contract."

Pub. L. 105–33, §10202(b)(6), redesignated par. (21) as (19). Former par. (19) redesignated (18).

Subsec. (c)(20). Pub. L. 105–33, §10202(b)(6), struck out par. (20) which read as follows: "The term 'composite outlay rate' means the percent of new budget authority that is converted to outlays in the fiscal year for which the budget authority is provided and subsequent fiscal years, as follows:

"(A) For the international category, 46 percent for the first year, 20 percent for the second year, 16 percent for the third year, and 8 percent for the fourth year.

"(B) For the domestic category, 53 percent for the first year, 31 percent for the second year, 12 percent for the third year, and 2 percent for the fourth year."

Subsec. (c)(21). Pub. L. 105–33, §10202(b)(6), redesignated par. (21) as (19).

1990—Subsec. (c)(21). Pub. L. 101–508, §13101(b), redesignated section 907(12) of this title as par. (21).

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Effective and Termination Dates

Pub. L. 103–66, title XIV, §14002(c)(3)(A), Aug. 10, 1993, 107 Stat. 684, which provided that, notwithstanding section 275(b) of Pub. L. 99–177, formerly set out below, sections 900, 901, 902, and 904 to 908 of this title were to expire on Sept. 30, 1998, was repealed by Pub. L. 105–33, title X, §10212(b), Aug. 5, 1997, 111 Stat. 712.

Pub. L. 99–177, title II, §275, Dec. 12, 1985, 99 Stat. 1100, as amended by Pub. L. 100–119, title I, §106(c), title II, §210(b), Sept. 29, 1987, 101 Stat. 780, 787; Pub. L. 101–508, title XIII, §§13112(b), 13208(b), Nov. 5, 1990, 104 Stat. 1388–608, 1388–619; Pub. L. 105–33, title X, §10212(a), Aug. 5, 1997, 111 Stat. 712, which provided that, except as otherwise provided in section 275, amendments by title II of Pub. L. 99–177 were effective Dec. 12, 1985, and applicable to fiscal years beginning after Sept. 30, 1985; that amendment by section 201(a)(2) of Pub. L. 99–177 (amending section 622(2) of this title), and amendment by section 201(b) of Pub. L. 99–177 (insofar as it relates to section 633(c), (f), and (g) of this title and to section 641(c), (d), and (g) of this title), were effective Apr. 15, 1986; that amendment by section 212 of Pub. L. 99–177 (amending section 652 of this title) was effective Feb. 1, 1986; that sections 251, 253, 258B, and 271(b) of Pub. L. 99–177 (sections 901, 903, and 907c of this title and provisions set out as a note below), and sections 1105(f) and 1106(c) of title 31, United States Code, were to expire Sept. 30, 2002; that the remaining sections of part C of title II of Pub. L. 99–177 (enacting this subchapter) were to expire Sept. 30, 2006; and that amendments by part D of title II of Pub. L. 99–177 (amending section 911 of Title 42, The Public Health and Welfare, and enacting provisions set out as a note under section 911 of Title 42) were applicable as provided in that part, was repealed by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.

Short Title of 2023 Amendment

Pub. L. 118–5, §1, June 3, 2023, 137 Stat. 10, provided that: "This Act [enacting sections 4336 to 4336e of Title 42, the Public Health and Welfare, amending sections 901 and 904 of this title, section 801 of Title 5, Government Organization and Employees, sections 2011 and 2015 of Title 7, Agriculture, and sections 607, 611, 4332, and 4370m of Title 42, and enacting provisions set out as notes under section 551 of Title 5, section 2015 of Title 7, section 3101 of Title 31, Money and Finance, and section 607 of Title 42] may be cited as the 'Fiscal Responsibility Act of 2023'."

Short Title of 2021 Amendment

Pub. L. 117–71, §1, Dec. 10, 2021, 135 Stat. 1506, provided that: "This Act [amending section 901a of this title and sections 1395m–1, 1395w–4, and 1395iii of Title 42, The Public Health and Welfare, and enacting and amending provisions set out as notes under section 901a of this title] may be cited as the 'Protecting Medicare and American Farmers from Sequester Cuts Act'."

Short Title of 2019 Amendment

Pub. L. 116–37, §1, Aug. 2, 2019, 133 Stat. 1049, provided that: "This Act [amending sections 901 and 901a of this title and section 58c of Title 19, Customs Duties, enacting provisions set out as a note under section 3101 of Title 31, Money and Finance, and amending provisions set out as a note under section 3805 of Title 19] may be cited as the 'Bipartisan Budget Act of 2019'."

Short Title of 2013 Amendment

Pub. L. 113–67, div. A, §1(a), Dec. 26, 2013, 127 Stat. 1165, provided that: "This division [see Tables for classification] may be cited as the 'Bipartisan Budget Act of 2013'."

Short Title of 2011 Amendment

Pub. L. 112–25, §1(a), Aug. 2, 2011, 125 Stat. 240, provided that: "This Act [enacting section 901a of this title and section 3101A of Title 31, Money and Finance, amending this section and sections 622, 645, 901, and 904 of this title, sections 1070a and 1087e of Title 20, Education, and section 3101 of Title 31, enacting provisions set out as notes under this section and sections 631 and 902 of this title and section 1089 of Title 20, amending provisions set out as a note under section 621 of this title, and repealing provisions set out as a note under this section] may be cited as the 'Budget Control Act of 2011'."

Short Title of 1997 Amendment

Pub. L. 105–33, title X, §10001(a), Aug. 5, 1997, 111 Stat. 677, provided that: "This title [enacting sections 645 and 645a of this title, amending this section, sections 601, 602, 622, 631 to 636, 639, 641 to 644, 651, 654, 661a, 661c to 661e, 691a, 691c, 691e, 901, 902, 904 to 907, and 922 of this title, section 1105 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealing sections 652, 665 to 665e, 901a, and 908 of this title and section 14212 of Title 42, enacting provisions set out as notes under this section and section 902 of this title, amending provisions set out as notes under this section and section 621 of this title, and repealing provisions set out as notes under this section and sections 621, 631, and 665 of this title] may be cited as the 'Budget Enforcement Act of 1997'."

Short Title of 1990 Amendment

Pub. L. 101–508, title XIII, §13001(a), Nov. 5, 1990, 104 Stat. 1388–573, provided that: "This title [enacting this section and sections 643, 661 to 661f, 665 to 665e, and 907a to 907d of this title, amending sections 601, 602, 622, 631 to 637, 639, 641, 642, 644, 651, 652, and 901 to 907 of this title, section 1022 of Title 15, Commerce and Trade, sections 1105, 1341, and 1342 of Title 31, Money and Finance, and section 401 of Title 42, The Public Health and Welfare, transferring section 921 of this title to section 601(g) of this title, repealing section 909 of this title, enacting provisions set out as notes under this section and sections 621, 622, 632, 633, 665, and 902 of this title, and amending provisions set out as notes under this section and sections 621 and 632 of this title] may be cited as the 'Budget Enforcement Act of 1990'."

Short Title of 1987 Amendment

Pub. L. 100–119, title I, §101(b), Sept. 29, 1987, 101 Stat. 754, provided that: "This title [enacting section 908 of this title, amending sections 622, 632, 642, 901 to 907, and 922 of this title and section 1105 of Title 31, Money and Finance, enacting provisions set out as notes under section 1395ww of Title 42, The Public Health and Welfare, and amending provisions set out as notes under section 901 of this title and sections 1320b–8 and 1395ww of Title 42] may be cited as the 'Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987'."

Short Title

Pub. L. 99–177, title II, §200(a), Dec. 12, 1985, 99 Stat. 1038, provided that: "This title [enacting this chapter and sections 654 to 656 of this title, amending 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, repealing section 661 of this title, enacting provisions set out as notes under this section and section 911 of Title 42, and amending provisions set out as a note under section 621 of this title] may be cited as the 'Balanced Budget and Emergency Deficit Control Act of 1985'."

Severability

Pub. L. 112–25, §2, Aug. 2, 2011, 125 Stat. 240, provided that: "If any provision of this Act [see Short Title of 2011 Amendment note above], or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of this Act to any other person or circumstance shall not be affected."

Joint Select Committee on Deficit Reduction

Pub. L. 112–25, title IV, Aug. 2, 2011, 125 Stat. 259, provided that:

"SEC. 401. ESTABLISHMENT OF JOINT SELECT COMMITTEE.

"(a) Definitions.—In this title:

"(1) Joint committee.—The term 'joint committee' means the Joint Select Committee on Deficit Reduction established under subsection (b)(1).

"(2) Joint committee bill.—The term 'joint committee bill' means a bill consisting of the proposed legislative language of the joint committee recommended under subsection (b)(3)(B) and introduced under section 402(a).

"(b) Establishment of Joint Select Committee.—

"(1) Establishment.—There is established a joint select committee of Congress to be known as the 'Joint Select Committee on Deficit Reduction'.

"(2) Goal.—The goal of the joint committee shall be to reduce the deficit by at least $1,500,000,000,000 over the period of fiscal years 2012 to 2021.

"(3) Duties.—

"(A) In general.—

"(i) Improving the short-term and long-term fiscal imbalance.—The joint committee shall provide recommendations and legislative language that will significantly improve the short-term and long-term fiscal imbalance of the Federal Government.

"(ii) Recommendations of committees.—Not later than October 14, 2011, each committee of the House of Representatives and the Senate may transmit to the joint committee its recommendations for changes in law to reduce the deficit consistent with the goal described in paragraph (2) for the joint committee's consideration.

"(B) Report, recommendations, and legislative language.—

"(i) In general.—Not later than November 23, 2011, the joint committee shall vote on—

     "(I) a report that contains a detailed statement of the findings, conclusions, and recommendations of the joint committee and the estimate of the Congressional Budget Office required by paragraph (5)(D)(ii); and

     "(II) proposed legislative language to carry out such recommendations as described in subclause (I), which shall include a statement of the deficit reduction achieved by the legislation over the period of fiscal years 2012 to 2021.

 Any change to the Rules of the House of Representatives or the Standing Rules of the Senate included in the report or legislative language shall be considered to be merely advisory.

"(ii) Approval of report and legislative language.—The report of the joint committee and the proposed legislative language described in clause (i) shall require the approval of a majority of the members of the joint committee.

"(iii) Additional views.—A member of the joint committee who gives notice of an intention to file supplemental, minority, or additional views at the time of final joint committee vote on the approval of the report and legislative language under clause (ii) shall be entitled to 3 calendar days in which to file such views in writing with the staff director of the joint committee. Such views shall then be included in the joint committee report and printed in the same volume, or part thereof, and their inclusion shall be noted on the cover of the report. In the absence of timely notice, the joint committee report may be printed and transmitted immediately without such views.

"(iv) Transmission of report and legislative language.—If the report and legislative language are approved by the joint committee pursuant to clause (ii), then not later than December 2, 2011, the joint committee shall submit the joint committee report and legislative language described in clause (i) to the President, the Vice President, the Speaker of the House of Representatives, and the majority and minority Leaders of each House of Congress.

"(v) Report and legislative language to be made public.—Upon the approval or disapproval of the joint committee report and legislative language pursuant to clause (ii), the joint committee shall promptly make the full report and legislative language, and a record of the vote, available to the public.

"(4) Membership.—

"(A) In general.—The joint committee shall be composed of 12 members appointed pursuant to subparagraph (B).

"(B) Appointment.—Members of the joint committee shall be appointed as follows:

"(i) The majority leader of the Senate shall appoint three members from among Members of the Senate.

"(ii) The minority leader of the Senate shall appoint three members from among Members of the Senate.

"(iii) The Speaker of the House of Representatives shall appoint three members from among Members of the House of Representatives.

"(iv) The minority leader of the House of Representatives shall appoint three members from among Members of the House of Representatives.

"(C) Co-chairs.—

"(i) In general.—There shall be two Co-Chairs of the joint committee. The majority leader of the Senate shall appoint one Co-Chair from among the members of the joint committee. The Speaker of the House of Representatives shall appoint the second Co-Chair from among the members of the joint committee. The Co-Chairs shall be appointed not later than 14 calendar days after the date of enactment of this Act [Aug. 2, 2011].

"(ii) Staff director.—The Co-Chairs, acting jointly, shall hire the staff director of the joint committee.

"(D) Date.—Members of the joint committee shall be appointed not later than 14 calendar days after the date of enactment of this Act.

"(E) Period of appointment.—Members shall be appointed for the life of the joint committee. Any vacancy in the joint committee shall not affect its powers, but shall be filled not later than 14 calendar days after the date on which the vacancy occurs, in the same manner as the original designation was made. If a member of the joint committee ceases to be a Member of the House of Representatives or the Senate, as the case may be, the member is no longer a member of the joint committee and a vacancy shall exist.

"(5) Administration.—

"(A) In general.—To enable the joint committee to exercise its powers, functions, and duties, there are authorized to be disbursed by the Senate the actual and necessary expenses of the joint committee approved by the co-chairs, subject to the rules and regulations of the Senate.

"(B) Expenses.—In carrying out its functions, the joint committee is authorized to incur expenses in the same manner and under the same conditions as the Joint Economic Committee is authorized by section 11[(d)] of Public Law 79–304 (15 U.S.C. 1024(d)).

"(C) Quorum.—Seven members of the joint committee shall constitute a quorum for purposes of voting, meeting, and holding hearings.

"(D) Voting.—

"(i) Proxy voting.—No proxy voting shall be allowed on behalf of the members of the joint committee.

"(ii) Congressional budget office estimates.—The Congressional Budget Office shall provide estimates of the legislation (as described in paragraph (3)(B)) in accordance with sections 308(a) and 201(f) of the Congressional Budget Act of 1974 (2 U.S.C. 639(a) and 601(f)) (including estimates of the effect of interest payment on the debt). In addition, the Congressional Budget Office shall provide information on the budgetary effect of the legislation beyond the year 2021. The joint committee may not vote on any version of the report, recommendations, or legislative language unless such estimates are available for consideration by all members of the joint committee at least 48 hours prior to the vote as certified by the Co-Chairs.

"(E) Meetings.—

"(i) Initial meeting.—Not later than 45 calendar days after the date of enactment of this Act [Aug. 2, 2011], the joint committee shall hold its first meeting.

"(ii) Agenda.—The Co-Chairs of the joint committee shall provide an agenda to the joint committee members not less than 48 hours in advance of any meeting.

"(F) Hearings.—

"(i) In general.—The joint committee may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the joint committee considers advisable.

"(ii) Hearing procedures and responsibilities of co-chairs.—

     "(I) Announcement.—The Co-Chairs of the joint committee shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted, not less than 7 days in advance of such hearing, unless the Co-Chairs determine that there is good cause to begin such hearing at an earlier date.

     "(II) Written statement.—A witness appearing before the joint committee shall file a written statement of proposed testimony at least 2 calendar days before the appearance of the witness, unless the requirement is waived by the Co-Chairs, following their determination that there is good cause for failure to comply with such requirement.

"(G) Technical assistance.—Upon written request of the Co-Chairs, a Federal agency shall provide technical assistance to the joint committee in order for the joint committee to carry out its duties.

"(c) Staff of Joint Committee.—

"(1) In general.—The Co-Chairs of the joint committee may jointly appoint and fix the compensation of staff as they deem necessary, within the guidelines for employees of the Senate and following all applicable rules and employment requirements of the Senate.

"(2) Ethical standards.—Members on the joint committee who serve in the House of Representatives shall be governed by the ethics rules and requirements of the House. Members of the Senate who serve on the joint committee and staff of the joint committee shall comply with the ethics rules of the Senate.

"(d) Termination.—The joint committee shall terminate on January 31, 2012.

"SEC. 402. EXPEDITED CONSIDERATION OF JOINT COMMITTEE RECOMMENDATIONS.

"(a) Introduction.—If approved by the majority required by section 401(b)(3)(B)(ii), the proposed legislative language submitted pursuant to section 401(b)(3)(B)(iv) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House.

"(b) Consideration in the House of Representatives.—

"(1) Referral and reporting.—Any committee of the House of Representatives to which the joint committee bill is referred shall report it to the House without amendment not later than December 9, 2011. If a committee fails to report the joint committee bill within that period, it shall be in order to move that the House discharge the committee from further consideration of the bill. Such a motion shall not be in order after the last committee authorized to consider the bill reports it to the House or after the House has disposed of a motion to discharge the bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the joint committee bill in accordance with paragraphs (2) and (3). A motion to reconsider the vote by which the motion is disposed of shall not be in order.

"(2) Proceeding to consideration.—After the last committee authorized to consider a joint committee bill reports it to the House or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the joint committee bill in the House. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to the joint committee bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order.

"(3) Consideration.—The joint committee bill shall be considered as read. All points of order against the joint committee bill and against its consideration are waived. The previous question shall be considered as ordered on the joint committee bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the joint committee bill. A motion to reconsider the vote on passage of the joint committee bill shall not be in order.

"(4) Vote on passage.—The vote on passage of the joint committee bill shall occur not later than December 23, 2011.

"(c) Expedited Procedure in the Senate.—

"(1) Committee consideration.—A joint committee bill introduced in the Senate under subsection (a) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than December 9, 2011. If any committee fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar.

"(2) Motion to proceed.—Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a joint committee bill is reported or discharged from all committees to which it was referred, for the majority leader of the Senate or the majority leader's designee to move to proceed to the consideration of the joint committee bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the joint committee bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the joint committee bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint committee bill is agreed to, the joint committee bill shall remain the unfinished business until disposed of.

"(3) Consideration.—All points of order against the joint committee bill and against consideration of the joint committee bill are waived. Consideration of the joint committee bill and of all debatable motions and appeals in connection therewith shall not exceed a total of 30 hours which shall be divided equally between the Majority and Minority Leaders or their designees. A motion further to limit debate on the joint committee bill is in order, shall require an affirmative vote of three-fifths of the Members duly chosen and sworn, and is not debatable. Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. All time used for consideration of the joint committee bill, including time used for quorum calls and voting, shall be counted against the total 30 hours of consideration.

"(4) No amendments.—An amendment to the joint committee bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint committee bill, is not in order.

"(5) Vote on passage.—If the Senate has voted to proceed to the joint committee bill, the vote on passage of the joint committee bill shall occur immediately following the conclusion of the debate on a joint committee bill, and a single quorum call at the conclusion of the debate if requested. The vote on passage of the joint committee bill shall occur not later than December 23, 2011.

"(6) Rulings of the chair on procedure.—Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint committee bill shall be decided without debate.

"(d) Amendment.—The joint committee bill shall not be subject to amendment in either the House of Representatives or the Senate.

"(e) Consideration by the Other House.—

"(1) In general.—If, before passing the joint committee bill, one House receives from the other a joint committee bill—

"(A) the joint committee bill of the other House shall not be referred to a committee; and

"(B) the procedure in the receiving House shall be the same as if no joint committee bill had been received from the other House until the vote on passage, when the joint committee bill received from the other House shall supplant the joint committee bill of the receiving House.

"(2) Revenue measure.—This subsection shall not apply to the House of Representatives if the joint committee bill received from the Senate is a revenue measure.

"(f) Rules to Coordinate Action With Other House.—

"(1) Treatment of joint committee bill of other house.—If the Senate fails to introduce or consider a joint committee bill under this section, the joint committee bill of the House shall be entitled to expedited floor procedures under this section.

"(2) Treatment of companion measures in the senate.—If following passage of the joint committee bill in the Senate, the Senate then receives the joint committee bill from the House of Representatives, the House-passed joint committee bill shall not be debatable. The vote on passage of the joint committee bill in the Senate shall be considered to be the vote on passage of the joint committee bill received from the House of Representatives.

"(3) Vetoes.—If the President vetoes the joint committee bill, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees.

"(g) Loss of Privilege.—The provisions of this section shall cease to apply to the joint committee bill if—

"(1) the joint committee fails to vote on the report or proposed legislative language required under section 401(b)(3)(B)(i) not later than November 23, 2011; or

"(2) the joint committee bill does not pass both Houses not later than December 23, 2011.

"SEC. 403. FUNDING.

"Funding for the joint committee shall be derived in equal portions from—

"(1) the applicable accounts of the House of Representatives; and

"(2) the contingent fund of the Senate from the appropriations account 'Miscellaneous Items', subject to the rules and regulations of the Senate.

"SEC. 404. RULEMAKING.

"The provisions of this title are enacted by Congress—

"(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

"(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House."

Habitat Conservation Activities Considered Within Coastal Assistance Sub-Category

Pub. L. 108–7, div. B, title II, §214, Feb. 20, 2003, 117 Stat. 82, provided that:

"(a) Hereafter, habitat conservation activities, enforcement and surveillance—cooperative enforcement and vessel monitoring, stock assessments—data collection, and highly migratory shark fishery research under the heading, 'National Oceanic and Atmospheric Administration, Operations, Research and Facilities', shall be considered to be within the 'Coastal Assistance sub-category' in [former] section 250(c)(4)(K) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended [former 2 U.S.C. 900(c)(4)(K)].

"(b) For fiscal year 2004 and thereafter, response and restoration activities, Cooperative Research, Protected Species activities, Endangered Species Act—Marine Mammals, Sea Turtles and Other Species, Endangered Species Act—Right Whales, Marine Mammal Protection, and Sea Grant (except for the fellowship program) under the heading, 'National Oceanic and Atmospheric Administration, Operations, Research, and Facilities', shall be considered to be within the 'Coastal Assistance sub-category' in [former] section 250(c)(4)(K) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended [former 2 U.S.C. 900(c)(4)(K)].

"(c) All references to outlays in title VIII of Public Law 106–291 [amending this section and section 901 of this title] are repealed."

Similar provisions were contained in the following prior appropriation act:

Pub. L. 107–77, title II, Nov. 28, 2001, 115 Stat. 775.

Purpose of Subtitle B of Title X of Pub. L. 105–33

Pub. L. 105–33, title X, §10201, Aug. 5, 1997, 111 Stat. 697, provided that: "The purpose of this subtitle [subtitle B (§§10201–10213) of title X of Pub. L. 105–33, amending this section, sections 901, 902, 904 to 907, and 922 of this title, section 1105 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealing sections 901a and 908 of this title and section 14212 of Title 42, enacting provisions set out as a note under section 902 of this title, and amending and repealing provisions set out as notes under this section] is to extend discretionary spending limits and pay-as-you-go requirements."

Restriction on Elimination or Reduction of Programs Relating to Energy and Water Development

Pub. L. 102–377, title V, §503, Oct. 2, 1992, 106 Stat. 1342, provided that: "None of the programs, projects or activities as defined in the reports accompanying this Act or subsequent Energy and Water Development Appropriations Acts, may be eliminated or disproportionately reduced due to the application of 'Savings and Slippage', 'general reduction', or the provision of Public Law 99–177 [see Short Title note above] or Public Law 100–119 [see section 213 of Pub. L. 100–119 set out below] unless such reports expressly provide otherwise."

Waivers and Suspensions in the Senate

Pub. L. 99–177, title II, §271(b), Dec. 12, 1985, 99 Stat. 1094, as amended by Pub. L. 100–119, title II, §211, Sept. 29, 1987, 101 Stat. 787, provided that: "Sections 301(i), 302(c), 302(f), 304(b), 310(d), 310(g), and 311(a) of the Congressional Budget Act of 1974 [sections 632(i), 633(c), 633(f), former 635(b), 641(d), 641(g), and 642(a) of this title] may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. This subsection shall not apply to any joint resolution reported or discharged pursuant to section 254(a) of this joint resolution [section 904(a) of this title]."

Appeals of Rulings

Pub. L. 99–177, title II, §271(c), as added by Pub. L. 100–119, title II, §210(a), Sept. 29, 1987, 101 Stat. 787, provided that: "An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under section 301(i), 302(c), 302(f), 304(b), 306, 310(d), 310(g), or 311(a) of the Congressional Budget Act of 1974 [sections 632(i), 633(c), 633(f), 635(b), 637, 641(d), 641(g), or 642(a) of this title]."

Exercise of Congressional Rulemaking Power

Pub. L. 103–66, title XIV, §14004, Aug. 10, 1993, 107 Stat. 685, provided that: "The Congress enacts the provisions of this part [probably should be "this title", amending sections 665, 901, 902, and 904 of this title, enacting provisions set out as notes under this section and section 902 of this title, and amending provisions set out as notes under section 665 of this title]—

"(1) as an exercise of the rule-making power of the Senate and the House of Representatives, respectively, and as such these provisions shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

"(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House."

Pub. L. 101–508, title XIII, §13305, Nov. 5, 1990, 104 Stat. 1388–627, provided that: "This title and the amendments made by it [see Short Title of 1990 Amendment note above] are enacted by the Congress—

"(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

"(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House."

Pub. L. 100–119, title II, §213, Sept. 29, 1987, 101 Stat. 787, provided that: "This Act and the amendments made by this Act [enacting sections 908 and 909 of this title, amending sections 622, 632, 635, 636, 642, 683, 684, 687, 901 to 907, and 922 of this title and sections 1105 and 3101 of Title 31, Money and Finance, enacting provisions set out as notes under sections 602, 621, 686, and 901 of this title and section 1395ww of Title 42, The Public Health and Welfare, amending provisions set out as notes under section 901 of this title and sections 1320b–8 and 1395ww of Title 42, and repealing provisions set out as a note under section 653 of this title], other than those relating to the activities of the executive and judicial branches of the Government, are enacted by Congress—

"(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

"(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House."

Pub. L. 99–177, title II, §271(d), formerly §271(c), Dec. 12, 1985, 99 Stat. 1094, as redesignated by Pub. L. 100–119, title II, §210(a), Sept. 29, 1987, 101 Stat. 787, provided that: "The provisions of this title [see Short Title note above], other than those relating to the activities of the executive and judicial branches of the Government, are enacted by the Congress—

"(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

"(2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House."

Restoration of Trust Fund Investments; Funds Borrowed or Not Invested During Delays in Raising Public Debt Limit

For provisions restoring various trust and retirement funds administered by the Secretary of the Treasury to the position in which they would have been if debt limit increases had been delayed, including transferring amounts to the funds to compensate those funds for current and prospective losses arising from premature redemption of some long term securities when the debt limit was reached, see notes set out under section 3101 of Title 31, Money and Finance.

Executive Documents

Executive Order No. 12857

Ex. Ord. No. 12857, Aug. 4, 1993, 58 F.R. 42181, which provided for direct spending targets for fiscal years 1994 through 1997, expired at the end of fiscal year 1997.

Ex. Ord. No. 12858. Deficit Reduction Fund

Ex. Ord. No. 12858, Aug. 4, 1993, 58 F.R. 42185, provided:

By the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, including sections 1104 and 1105 of title 31, United States Code, it is hereby ordered as follows:

Section 1. Purpose. It is essential to guarantee that the net deficit reduction achieved by the Omnibus Budget Reconciliation Act of 1993 [Pub. L. 103–66, see Tables for classification] is dedicated exclusively to reducing the deficit.

Sec. 2. Deficit Reduction Fund.

(a) Establishment of the Fund. There is established a separate account in the Treasury, known as the Deficit Reduction Fund, which shall receive the net deficit reduction achieved by the Omnibus Budget Reconciliation Act of 1993 [Pub. L. 103–66, see Tables for classification] as called for in subsection (b) of this order.

(b) Amounts in Fund. Beginning upon enactment of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993], the Deficit Reduction Fund shall receive any increases in total revenues resulting from enactment of such Act on a daily basis. In addition, on a daily basis, the Secretary of the Treasury shall enter into such account an amount equivalent to the net deficit reduction achieved as a result of all spending reductions resulting from such Act. The cumulative fiscal year amounts for the combination of all such revenue increases and spending reductions shall be equal to:

(1) for fiscal year 1994, $60,292,000,000;

(2) for fiscal year 1995, $70,437,000,000;

(3) for fiscal year 1996, $92,061,000,000;

(4) for fiscal year 1997, $125,881,000,000;

(5) for fiscal year 1998, $146,939,000,000.

Within 30 days of enactment of the Omnibus Budget Reconciliation Act of 1993, the foregoing amounts may be adjusted by the Director of the Office of Management and Budget to reflect the final scoring of such Act.

(c) Status of Amounts in Fund. (i) The amounts in the Deficit Reduction Fund shall be used exclusively to redeem maturing debt obligations of the Treasury of the United States held by foreign governments in the amounts specified in subsection (b).

(ii) The amounts in the Deficit Reduction Fund as set forth in subsection (b) that result from increases in total revenues and spending reductions shall not be available for new spending or to finance measures that increase the deficit for purposes of budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901–922 [900–922]).

(d) Effect on Other Funds. Establishment of and transfers to the Deficit Reduction Fund shall not affect trust fund transfers that may be authorized or required by provisions of the Omnibus Reconciliation Act of 1993 or any other provision of law.

Sec. 3. Requirement for the President To Report Annually on the Status of the Fund. The Director of the Office of Management and Budget shall include in the President's Budget transmitted under section 1105 of title 31, United States Code, information about the Deficit Reduction Fund, including a separate statement of amounts in and Federal debt redeemed by that Fund.

Sec. 4. Implementation. The Secretary of the Treasury and the Director of the Office of Management and Budget shall each take such actions as may be necessary, within their respective authorities, promptly to carry out this order.

Sec. 5. Effective Date. This order shall take effect upon enactment of the Omnibus Budget Reconciliation Act of 1993 [Aug. 10, 1993].

William J. Clinton.
2 U.S.C. § 4316 (2024) — Title 2: THE CONGRESS / Chapter 43: CONGRESSIONAL COMMITTEES / Subchapter II: HOUSE OF REPRESENTATIVES / Section 4316: Allowances for compensation of interns in House committee offices
Allowances for compensation of interns in House committee offices
Status: in_force

(a) Establishment of allowances

There are established for the House of Representatives the following allowances:

(1) An allowance which shall be available for the compensation of interns who serve in offices of a standing, special, or select committee of the House (other than the Committee on Appropriations).

(2) An allowance which shall be available for the compensation of interns who serve in offices of the Committee on Appropriations.

(b) Benefit exclusion

Section 5321(b) of this title shall apply with respect to an intern who is compensated under an allowance under this section in the same manner as such section applies with respect to an intern who is compensated under the Members' Representational Allowance.

(c) Definitions

In this section, the term "intern", with respect to a committee of the House, has the meaning given such term with respect to a Member of the House of Representatives in section 5321(c)(2) of this title.

(d) Omitted

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2022 and each succeeding fiscal year.

(Pub. L. 117–103, div. I, title I, §113, Mar. 15, 2022, 136 Stat. 510.)

Editorial Notes

Codification

Section is comprised of section 113 of div. I of Pub. L. 117–103. Subsec. (d) of section 113 of div. I of Pub. L. 117–103 amended section 5507 of this title.
2 U.S.C. § 1434 (2024) — Title 2: THE CONGRESS / Chapter 24: CONGRESSIONAL ACCOUNTABILITY / Subchapter V: MISCELLANEOUS PROVISIONS / Section 1434: Judicial branch coverage study
Judicial branch coverage study
Status: in_force

The Judicial Conference of the United States shall prepare a report for submission by the Chief Justice of the United States to the Congress on the application to the judicial branch of the Federal Government of—

(1) the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.);

(2) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);

(3) the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);

(4) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.);

(5) the Family and Medical Leave Act of 1993 (29 U.S.C. 2611 et seq.);

(6) the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.);

(7) chapter 71 (relating to Federal service labor-management relations) of title 5;

(8) the Employee Polygraph Protection Act of 1988 (29 U.S.C. 2001 et seq.);

(9) the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.);

(10) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); and

(11) chapter 43 (relating to veterans' employment and reemployment) of title 38.

The report shall be submitted to Congress not later than December 31, 1996, and shall include any recommendations the Judicial Conference may have for legislation to provide to employees of the judicial branch the rights, protections, and procedures under the listed laws, including administrative and judicial relief, that are comparable to those available to employees of the legislative branch under subchapters I through IV of this chapter.

(Pub. L. 104–1, title V, §505, Jan. 23, 1995, 109 Stat. 41.)

Editorial Notes

References in Text

The Fair Labor Standards Act of 1938, referred to in par. (1), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

The Civil Rights Act of 1964, referred to in par. (2), is Pub. L. 88–352, July 2, 1964, 78 Stat. 252. Title VII of the Act is classified generally to subchapter VI (§2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.

The Americans with Disabilities Act of 1990, referred to in par. (3), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.

The Age Discrimination in Employment Act of 1967, referred to in par. (4), is Pub. L. 90–202, Dec. 15, 1967, 81 Stat. 602, which is classified generally to chapter 14 (§621 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 29 and Tables.

The Family and Medical Leave Act of 1993, referred to in par. (5), is Pub. L. 103–3, Feb. 5, 1993, 107 Stat. 6, which enacted sections 60m and 60n of this title, sections 6381 to 6387 of Title 5, Government Organization and Employees, and chapter 28 (§2601 et seq.) of Title 29, Labor, amended section 2105 of Title 5, and enacted provisions set out as notes under section 2601 of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables.

The Occupational Safety and Health Act of 1970, referred to in par. (6), is Pub. L. 91–596, Dec. 29, 1970, 84 Stat. 1590, which is classified principally to chapter 15 (§651 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 651 of Title 29 and Tables.

The Employee Polygraph Protection Act of 1988, referred to in par. (8), is Pub. L. 100–347, June 27, 1988, 102 Stat. 646, which is classified generally to chapter 22 (§2001 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 29 and Tables.

The Worker Adjustment and Retraining Notification Act, referred to in par. (9), is Pub. L. 100–379, Aug. 4, 1988, 102 Stat. 890, which is classified generally to chapter 23 (§2101 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 29 and Tables.

The Rehabilitation Act of 1973, referred to in par. (10), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§701 et seq.) of Title 29. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Subchapter II of this chapter, referred to in text, was in the original a reference to title II of this Act, meaning title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to subchapter II of this chapter. For complete classification of title II to the Code, see Tables.
2 U.S.C. § 142l (2024) — Title 2: THE CONGRESS / Chapter 5: LIBRARY OF CONGRESS / Section 142l: Disbursing Officer of Library of Congress; disbursements for Office of Congressional Workplace Rights; voucher certifications, accountability and relief by Comptroller General
Disbursing Officer of Library of Congress; disbursements for Office of Congressional Workplace Rights; voucher certifications, accountability and relief by Comptroller General
Status: in_force

From and after October 1, 1996, the Disbursing Officer of the Library of Congress is authorized to disburse funds appropriated for the Office of Compliance,1 and the Library of Congress shall provide financial management support to the Office of Compliance 1 as may be required and mutually agreed to by the Librarian of Congress and the Executive Director of the Office of Compliance.1 The Library of Congress is further authorized to compute and disburse the basic pay of all personnel of the Office of Compliance 1 pursuant to the provisions of section 5504 of title 5.

All vouchers certified for payment by duly authorized certifying officers of the Library of Congress shall be supported with a certification by an officer or employee of the Office of Compliance 1 duly authorized in writing by the Executive Director of the Office of Compliance 1 to certify payments from appropriations of the Office of Compliance.1 The Office of Compliance 1 certifying officers shall (1) be held responsible for the existence and correctness of the facts recited in the certificate or otherwise stated on the voucher or its supporting paper and the legality of the proposed payment under the appropriation or fund involved, (2) be held responsible and accountable for the correctness of the computations of certifications made, and (3) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by them, as well as for any payment prohibited by law which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds (1) that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained the actual facts, or (2) that the obligation was incurred in good faith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General shall relieve such certifying officer or employee of liability for an overpayment for transportation services made to any common carrier covered by section 3726 of title 31, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of the transportation bill did not include a verification of transportation rates, freight classifications, or land grant deductions.

The Disbursing Officer of the Library of Congress shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for which is imposed upon a certifying officer or employee of the Office of Compliance.1

(Pub. L. 104–197, title II, §208, Sept. 16, 1996, 110 Stat. 2409.)

Statutory Notes and Related Subsidiaries

Change of Name

Office of Compliance changed, as of Dec. 21, 2018, and considered to refer and apply, to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as an Effective Date of 2018 Amendment note under section 1381 of this title.

1 See Change of Name note below.
2 U.S.C. § 296 (2024) — Title 2: THE CONGRESS / Chapter 10: CLASSIFICATION OF EMPLOYEES OF HOUSE OF REPRESENTATIVES / Section 296: Step increases; waiting periods; service in Armed Forces; automatic advancement
Step increases; waiting periods; service in Armed Forces; automatic advancement
Status: in_force

(a) Each employee in a compensation level of the House Employees Schedule (HS), who has not attained the highest scheduled rate of compensation for the compensation level (HS level) in which his position is placed, shall be advanced successively to the next higher step of such HS level, as follows:

(1) to steps 2, 3, and 4, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of one year of satisfactory service in the next lower step;

(2) to steps 5, 6, and 7, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of two years of satisfactory service in the next lower step;

(3) to steps 8, 9, and 10, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of three years of satisfactory service in the next lower step; and

(4) to steps 11 and 12, respectively—at the beginning of the first pay period following the completion, without break in service of more than thirty months, of five years of satisfactory service in the next lower step.

(b) The receipt of an increase in compensation during any of the waiting periods of service specified in subsection (a) of this section shall cause a new full waiting period of service to commence for further step increases under such subsection.

(c) Any increase in compensation granted by law, or granted by reason of an increase made by the committee in the rates of compensation of the House Employees Schedule, to employees within the purview of subsection (a) of this section shall not be held or considered to be an increase in compensation for the purposes of subsection (b) of this section.

(d) The benefit of successive step increases under subsection (a) of this section shall be preserved, under regulations prescribed by the committee, for employees whose continuous service is interrupted by service in the Armed Forces of the United States.

(e) The committee shall establish and maintain, and, from time to time, may revise, a system of automatic advancement, by successive step increases in compensation, on the basis of satisfactory service performed, without break in service of more than thirty months, for employees subject to the House Wage Schedule (HWS). In the operation of such system of step increases the committee may prescribe regulations to the effect that—

(1) the receipt of an increase in compensation during any of the waiting periods of service required for advancement by step increases under such system shall cause a new full waiting period of service to commence for further step increases under such system;

(2) any increase in compensation granted by law, or granted by reason of an increase made by the committee in the rates of compensation of the House Wage Schedule, to employees within the purview of such system of step increases shall not be held or considered to be an increase in compensation for the purposes of subparagraph (1) of this subsection; and

(3) the benefit of successive step increases under such system of step increases shall be preserved, under regulations prescribed by the committee, for employees whose continuous service is interrupted by service in the Armed Forces of the United States.

(Pub. L. 88–652, §7, Oct. 13, 1964, 78 Stat. 1081.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1965, see section 17 of Pub. L. 88–652, set out as a note under section 291 of this title.
2 U.S.C. § 933 (2024) — Title 2: THE CONGRESS / Chapter 20A: STATUTORY PAY-AS-YOU-GO / Section 933: PAYGO estimates and PAYGO scorecards
PAYGO estimates and PAYGO scorecards
Status: in_force

(a) PAYGO estimates

(1) Required designation in PAYGO Acts

(A) House of Representatives

To establish the budgetary effects of a PAYGO Act consistent with the determination made by the Chairman of the House Budget Committee, a PAYGO Act originated in or amended by the House of Representatives may include the following statement: "The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act 1 of 2010, shall be determined by reference to the latest statement titled 'Budgetary Effects of PAYGO Legislation' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.".

(B) Senate

To establish the budgetary effects of a PAYGO Act consistent with the determination made by the Chairman of the Senate Budget Committee, a PAYGO Act originated in or amended by the Senate shall include the following statement: "The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act 1 of 2010, shall be determined by reference to the latest statement titled 'Budgetary Effects of PAYGO Legislation' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.".

(C) Conference reports and amendments between the Houses

To establish the budgetary effects of the conference report on a PAYGO Act, or an amendment to an amendment between Houses on a PAYGO Act, which if estimated shall be estimated jointly by the Chairmen of the House and Senate Budget Committees, the conference report or amendment between the Houses shall include the following statement: "The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act 1 of 2010, shall be determined by reference to the latest statement titled 'Budgetary Effects of PAYGO Legislation' for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on this conference report or amendment between the Houses.".

(2) Determination of budgetary effects of PAYGO Acts

(A) Original legislation

(i) Statement and estimate

Prior to a vote on passage of a PAYGO Act originated or amended by one House, the Chairman of the Budget Committee of that House may submit for printing in the Congressional Record a statement titled "Budgetary Effects of PAYGO Legislation" which shall include an estimate of the budgetary effects of that Act, if available prior to passage of the Act by that House and shall submit, if applicable, an identification of any current policy adjustments made pursuant to section 936 of this title. The timely submission of such a statement, in conjunction with the appropriate designation made pursuant to paragraph (1)(A) or (1)(B), as applicable, shall establish the budgetary effects of the PAYGO Act for the purposes of this Act.

(ii) Effect

The latest statement submitted by the Chairman of the Budget Committee of that House prior to passage shall supersede any prior statements submitted in the Congressional Record and shall be valid only if the PAYGO Act is not further amended by either House.

(iii) Failure to submit estimate

If—

(I) the estimate required by clause (i) has not been submitted prior to passage by that House;

(II) such estimate has been submitted but is no longer valid due to a subsequent amendment to the PAYGO Act; or

(III) the designation required pursuant to this subsection has not been made;

 the budgetary effects of the PAYGO Act shall be determined under subsection (d)(3), provided that this clause shall not apply if a valid designation is subsequently included in that PAYGO Act pursuant to paragraph (1)(C) and a statement is submitted pursuant to subparagraph (B).

(B) Conference reports and amendments between Houses

(i) In general

Prior to the adoption of a report of a committee of conference on a PAYGO Act in either House, or disposition of an amendment to an amendment between Houses on a PAYGO Act, the Chairmen of the Budget Committees of the House and Senate may jointly submit for printing in the Congressional Record a statement titled "Budgetary Effects of PAYGO Legislation" which shall include an estimate of the budgetary effects of that Act if available prior to passage of the Act by the House acting first on the legislation and shall submit, if applicable, an identification of any current policy adjustments made pursuant to section 936 of this title. The timely submission of such a statement, in conjunction with the appropriate designation made pursuant to paragraph (1)(C), shall establish the budgetary effects of the PAYGO Act for the purposes of this Act.

(ii) Failure to submit estimate

If such estimate has not been submitted prior to the adoption of a report of a committee of conference by either House, or if the designation required pursuant to this subsection has not been made, the budgetary effects of the PAYGO Act shall be determined under subsection (d)(3).

(3) Procedure in the Senate

In the Senate, upon submission of a statement titled "Budgetary Effects of PAYGO Legislation" by the Chairman of the Senate Budget Committee for printing in the Congressional Record, the Legislative Clerk shall read the statement.

(4) Jurisdiction of the Budget Committees

For the purposes of enforcing section 637 of this title, a designation made pursuant to paragraph (1)(A), (1)(B), or (1)(C), that includes only the language specifically prescribed therein, shall not be considered a matter within the jurisdiction of either the Senate or House Committees on the Budget.

(b) Omitted

(c) Current policy adjustments for certain legislation

(1) In general

For any provision of legislation that meets the criteria in subsection (c), (d), (e) or (f) of section 936 of this title, the Chairs of the Committees on the Budget of the House and Senate, as applicable, shall request that CBO adjust the estimate of budgetary effects of that legislation pursuant to paragraph (2) for the purposes of this chapter. A single piece of legislation may contain provisions that meet criteria in more than one of the subsections referred to in the preceding sentence. CBO shall adjust estimates for legislation designated under subsection (a) and estimated under subsection (b). OMB shall adjust estimates for legislation estimated under subsection (d)(3).

(2) Adjustments

(A) Estimates

CBO or OMB, as applicable, shall exclude from the estimate of budgetary effects any budgetary effects of a provision that meets the criteria in subsection (c), (d), (e) or (f) of section 936 of this title, to the extent that those budgetary effects, when combined with all other excluded budgetary effects of any other previously designated provisions of enacted legislation under the same subsection of section 936 of this title, do not exceed the maximum applicable current policy adjustment defined under the applicable subsection of section 936 of this title for the applicable 10-year period.

(B) Baseline

Any estimate made pursuant to subparagraph (A) shall be prepared using baseline estimates supplied by the Congressional Budget Office, consistent with section 907 of this title. CBO estimates of legislation adjusted for current policy shall include a separate presentation of costs excluded from the calculation of budgetary effects for the legislation, as well as an updated total of all excluded costs of provisions within subsection (c), (d), or (e) of section 936 of this title, as applicable, and in the case of paragraph (1) of section 936(f) of this title, within any of the subparagraphs (A) through (L) of such paragraph, as applicable.

(3) Limitation on availability of excess savings

(A) Prohibition on use of excess saving 2 for ineligible policies

To the extent the adjustment for current policy of any provision estimated under this subsection exceeds the estimated budgetary effects of that provision, these excess savings shall not be available to offset the costs of any provisions not otherwise eligible for a current policy adjustment under section 936 of this title, and shall not be counted on the PAYGO scorecards established pursuant to subsections (d)(4) and (d)(5).

(B) Prohibition on use of excess savings across budget areas

For provisions eligible for a current policy adjustment under subsections (c) through (f) of section 936 of this title, to the extent the adjustment for current policy of any provision exceeds the estimated budgetary effects of that same provision, the excess savings shall be available only to offset the costs of other provisions that qualify for a current policy adjustment in that same subsection. Each paragraph in section 936(f)(1) of this title shall be considered a separate subsection for purposes of this section.

(4) Further guidance on estimating budgetary effects

Estimates of budgetary effects under this subsection shall be consistent with the guidance provided at section 936(h) of this title.

(5) Inclusion of statement

For PAYGO legislation adjusted pursuant to section 936 of this title, the Chairman of the House or Senate Budget Committee, as applicable, shall include in any statement titled "Budgetary Effects of PAYGO Legislation", submitted for that legislation pursuant to this section, an explanation of the current policy designation and adjustments.

(d) OMB PAYGO scorecards

(1) In general

OMB shall maintain and make publicly available a continuously updated document containing two PAYGO scorecards displaying the budgetary effects of PAYGO legislation as determined under section 639 of this title, applying the look-back requirement in subsection (e) and the averaging requirement in subsection (f), and a separate addendum displaying the estimates of the costs of provisions designated in statute as emergency requirements.

(2) Estimates in legislation

Except as provided in paragraph (3), in making the calculations for the PAYGO scorecards, OMB shall use the budgetary effects included by reference in the applicable legislation pursuant to subsection (a).

(3) OMB PAYGO estimates

If a PAYGO Act does not contain a valid reference to its budgetary effects consistent with subsection (a), OMB shall estimate the budgetary effects of that legislation upon its enactment. The OMB estimate shall be based on the approaches to scorekeeping set forth in section 639 of this title, as amended by this title,3 and subsection (g)(4), and shall use the same economic and technical assumptions as used in the most recent budget submitted by the President under section 1105(a) of title 31.

(4) 5-year scorecard

The first scorecard shall display the budgetary effects of PAYGO legislation in each year over the 5-year period beginning in the budget year.

(5) 10-year scorecard

The second scorecard shall display the budgetary effects of PAYGO legislation in each year over the 10-year period beginning in the budget year.

(6) Community Living Assistance Services and Supports Act

Neither scorecard maintained by OMB pursuant to this subsection shall include net savings from any provisions of legislation titled "Community Living Assistance Services and Supports Act", which establishes a Federal insurance program for long-term care, if such legislation is enacted into law, or amended, subsequent to February 12, 2010.

(e) Look-back to capture current-year effects

For purposes of this section, OMB shall treat the budgetary effects of PAYGO legislation enacted during a session of Congress that occur during the current year as though they occurred in the budget year.

(f) Averaging used to measure compliance over 5-year and 10-year periods

OMB shall cumulate the budgetary effects of a PAYGO Act over the budget year (which includes any look-back effects under subsection (e)) and—

(1) for purposes of the 5-year scorecard referred to in subsection (d)(4), the four subsequent outyears, divide that cumulative total by five, and enter the quotient in the budget-year column and in each subsequent column of the 5-year PAYGO scorecard; and

(2) for purposes of the 10-year scorecard referred to in subsection (d)(5), the nine subsequent outyears, divide that cumulative total by ten, and enter the quotient in the budget-year column and in each subsequent column of the 10-year PAYGO scorecard.

(g) Emergency legislation

(1) Designation in statute

If a provision of direct spending or revenue legislation in a PAYGO Act is enacted as an emergency requirement that the Congress so designates in statute pursuant to this section, the amounts of new budget authority, outlays, and revenue in all fiscal years resulting from that provision shall be treated as an emergency requirement for the purposes of this Act.

(2) Designation in the House of Representatives

If a PAYGO Act includes a provision expressly designated as an emergency for the purposes of this chapter, the Chair shall put the question of consideration with respect thereto.

(3) Point of order in the Senate

(A) In general

When the Senate is considering a PAYGO Act, if a point of order is made by a Senator against an emergency designation in that measure, that provision making such a designation shall be stricken from the measure and may not be offered as an amendment from the floor.

(B) Supermajority waiver and appeals

(i) Waiver

Subparagraph (A) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.

(ii) Appeals

Appeals in the Senate from the decisions of the Chair relating to any provision of this subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection.

(C) Definition of an emergency designation

For purposes of subparagraph (A), a provision shall be considered an emergency designation if it designates any item as an emergency requirement pursuant to this subsection.

(D) Form of the point of order

A point of order under subparagraph (A) may be raised by a Senator as provided in section 644(e) of this title.

(E) Conference reports

When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a PAYGO Act, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.

(4) Effect of designation on scoring

If a provision is designated as an emergency requirement under this Act, CBO or OMB, as applicable, shall not include the budgetary effects of such a provision in its estimate of the budgetary effects of that PAYGO legislation.

(Pub. L. 111–139, title I, §4, Feb. 12, 2010, 124 Stat. 9.)

Editorial Notes

References in Text

The Statutory Pay-As-You-Go Act of 2010, referred to in subsec. (a)(1), is title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 931 of this title and Tables.

This Act, referred to in subsecs. (a)(2)(A)(i), (B)(i) and (g)(1), (4), is Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which enacted this chapter, amended sections 639, 900, 905, and 906 of this title and section 3101 of Title 31, Money and Finance, and enacted provisions set out as a note under section 712 of Title 31. For complete classification of this Act to the Code, see Tables.

This chapter, referred to in subsecs. (c)(1) and (g)(2), was in the original "this title", meaning title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 931 of this title and Tables.

As amended by this title, referred to in subsec. (d)(3), means as amended by title I of Pub. L. 111–139.

Legislation titled the "Community Living Assistance Services and Supports Act", referred to in subsec. (d)(6), was enacted as title VIII of Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 828. Title VIII, which was also known as the "CLASS Act", enacted subchapter XXX of chapter 6A of Title 42, The Public Health and Welfare, amended section 1396a of Title 42, enacted provisions set out as notes under section 300ll of Title 42, and amended provisions set out as a note under section 1396p of Title 42, prior to repeal by Pub. L. 112–240, title VI, §642(b)(1), Jan. 2, 2013, 126 Stat. 2358.

Codification

Section is comprised of section 4 of Pub. L. 111–139. Subsec. (b) of section 4 of Pub. L. 111–139 amended section 639 of this title.

1 So in original. Probably should be "Pay-As-You-Go Act".

2 So in original. Probably should be "savings".

3 See References in Text note below.
2 U.S.C. § 6536 (2024) — Title 2: THE CONGRESS / Chapter 65: SENATE OFFICERS AND ADMINISTRATION / Subchapter II: SECRETARY OF THE SENATE / Section 6536: Compensation of Financial Clerk of Senate
Compensation of Financial Clerk of Senate
Status: in_force

The Financial Clerk of the Senate may be paid at a maximum annual rate of compensation not to exceed $39,000.

(Pub. L. 93–371, §4, Aug. 13, 1974, 88 Stat. 429; Pub. L. 94–59, title I, §105, July 25, 1975, 89 Stat. 275; Pub. L. 116–94, div. E, title II, §212(a)(3)(A), Dec. 20, 2019, 133 Stat. 2775.)

Editorial Notes

Codification

Section was formerly classified to section 64a–1 of this title prior to editorial reclassification and renumbering as this section.

Amendments

2019—Pub. L. 116–94 repealed Pub. L. 94–59, §105. See 1975 Amendment note below.

1975—Pub. L. 94–59, which substituted "$39,000" for "$37,620", effective July 1, 1975, was repealed by Pub. L. 116–94. See above.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Amendment by Pub. L. 116–94 effective on the later of the first day of the first applicable pay period beginning on or after Jan. 1, 2020, or the first day of the first applicable pay period beginning on or after Dec. 20, 2019, see section 212(c) of Pub. L. 116–94, set out as a note under section 282b of this title.

Effective Date

Section effective July 1, 1974, see section 4 of Pub. L. 93–371, set out in part as an Effective Date of 1974 Amendment note under section 273 of this title.

1974 Adjustment in Compensation Not To Supersede Adjustments in Compensation or Limitations by President Pro Tempore of the Senate

Adjustment in compensation by Pub. L. 93–371 not to supersede order of President pro tempore of the Senate authorizing higher rate of compensation or any authority of the President pro tempore to adjust rates of compensation or limitations under section 4 of the Federal Pay Comparability Act of 1970, see section 4 of Pub. L. 93–371, set out in part as a note under section 273 of this title.

Increases in Compensation

Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.
2 U.S.C. § 685 (2024) — Title 2: THE CONGRESS / Chapter 17B: IMPOUNDMENT CONTROL / Subchapter II: CONGRESSIONAL CONSIDERATION OF PROPOSED RESCISSIONS, RESERVATIONS, AND DEFERRALS OF BUDGET AUTHORITY / Section 685: Transmission of messages; publication
Transmission of messages; publication
Status: in_force

(a) Delivery to House and Senate

Each special message transmitted under section 683 or 684 of this title shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each special message so transmitted shall be referred to the appropriate committee of the House of Representatives and the Senate. Each such message shall be printed as a document of each House.

(b) Delivery to Comptroller General

A copy of each special message transmitted under section 683 or 684 of this title, shall be transmitted to the Comptroller General on the same day it is transmitted to the House of Representatives and the Senate. In order to assist the Congress in the exercise of its functions under section 683 or 684 of this title, the Comptroller General shall review each such message and inform the House of Representatives and the Senate as promptly as practicable with respect to—

(1) in the case of a special message transmitted under section 683 of this title, the facts surrounding the proposed rescission or the reservation of budget authority (including the probable effects thereof); and

(2) in the case of a special message transmitted under section 684 of this title, (A) the facts surrounding each proposed deferral of budget authority (including the probable effects thereof) and (B) whether or not (or to what extent), in his judgment, such proposed deferral is in accordance with existing statutory authority.

(c) Transmission of supplementary messages

If any information contained in a special message transmitted under section 683 or 684 of this title is subsequently revised, the President shall transmit to both Houses of Congress and the Comptroller General a supplementary message stating and explaining such revision. Any such supplementary message shall be delivered, referred, and printed as provided in subsection (a). The Comptroller General shall promptly notify the House of Representatives and the Senate of any changes in the information submitted by him under subsection (b) which may be necessitated by such revision.

(d) Printing in Federal Register

Any special message transmitted under section 683 or 684 of this title, and any supplementary message transmitted under subsection (c), shall be printed in the first issue of the Federal Register published after such transmittal.

(e) Cumulative reports of proposed rescissions, reservations, and deferrals of budget authority

(1) The President shall submit a report to the House of Representatives and the Senate, not later than the 10th day of each month during a fiscal year, listing all budget authority for that fiscal year with respect to which, as of the first day of such month—

(A) he has transmitted a special message under section 683 of this title with respect to a proposed rescission or a reservation; and

(B) he has transmitted a special message under section 684 of this title proposing a deferral.

Such report shall also contain, with respect to each such proposed rescission or deferral, or each such reservation, the information required to be submitted in the special message with respect thereto under section 683 or 684 of this title.

(2) Each report submitted under paragraph (1) shall be printed in the first issue of the Federal Register published after its submission.

(Pub. L. 93–344, title X, §1014, July 12, 1974, 88 Stat. 335.)

Editorial Notes

Codification

Section was formerly classified to section 1404 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.

Executive Documents

Ex. Ord. No. 11845. Delegation of Certain Reporting Functions to Director of Office of Management and Budget

Ex. Ord. No. 11845, Mar. 24, 1975, 40 F.R. 13299, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

By virtue of the authority vested in me by the Impoundment Control Act of 1974 (Public Law 93–344; 88 Stat. 332, (2 U.S.C. 681 et seq.), hereinafter referred to as the Act) [subchapters I and II of this chapter], and section 301 of title 3 of the United States Code, the Director of the Office of Management and Budget is hereby designated and empowered to exercise, as of October 1, 1974 without ratification or other action of the President (1) the functions required by sections 1014(b) and 1014(d) of the Act [subsecs. (b) and (d) of this section] of transmitting to the Comptroller General of the United States and to the Office of the Federal Register copies of special messages transmitted pursuant to section 1012 or 1013 (2 U.S.C. 683 and 684) of the Act; and (2) the function conferred upon the President by section 1014(e) of the Act (2 U.S.C. 685(e)) of submitting to the Congress cumulative reports of proposed rescissions, reservations, and deferrals of budget authority.
2 U.S.C. § 394 (2024) — Title 2: THE CONGRESS / Chapter 12: CONTESTED ELECTIONS / Section 394: Computation of time
Computation of time
Status: in_force

(a) Method of computing time

In computing any period of time prescribed or allowed by this chapter or by the rules or any order of the committee, the day of the act, event, or default after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. For the purposes of this chapter, "legal holiday" shall mean New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, and any other day appointed as a holiday by the President or the Congress of the United States.

(b) Service by mail

Whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after the service of a pleading, motion, notice, brief, or other paper upon him, which is served upon him by mail, three days shall be added to the prescribed period.

(c) Enlargement of time

When by this chapter or by the rules or any order of the committee an act is required or allowed to be done at or within a specified time, the committee, for good cause shown, may at any time in its discretion (1) with or without motion or notice, order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or (2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect, but it shall not extend the time for serving and filing the notice of contest under section 382 of this title.

(Pub. L. 91–138, §15, Dec. 5, 1969, 83 Stat. 290.)

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to any general or special election for Representative in, or Resident Commissioner to, the Congress of the United States occurring after Dec. 5, 1969, see section 19 of Pub. L. 91–138, set out as a note under section 381 of this title.
2 U.S.C. § 5563 (2024) — Title 2: THE CONGRESS / Chapter 55: HOUSE OF REPRESENTATIVES OFFICERS AND ADMINISTRATION / Subchapter IV: CLERK / Section 5563: Index to House daily calendar
Index to House daily calendar
Status: in_force

The index to the daily calendar of business of the House of Representatives shall be printed only on Monday of each week.

(Mar. 1, 1921, ch. 89, §1, 41 Stat. 1181.)

Editorial Notes

Codification

Section was formerly classified to section 115 of this title prior to editorial reclassification and renumbering as this section.
2 U.S.C. § 1411 (2024) — Title 2: THE CONGRESS / Chapter 24: CONGRESSIONAL ACCOUNTABILITY / Subchapter IV: ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES / Section 1411: Effect of failure to issue regulations
Effect of failure to issue regulations
Status: in_force

In any proceeding under section 1405, 1406, 1407, or 1408 of this title, except a proceeding to enforce section 1351 of this title with respect to offices listed under section 1351(e)(2) of this title, if the Board has not issued a regulation on a matter for which this chapter requires a regulation to be issued, the hearing officer, Board, or court, as the case may be, shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provision at issue in the proceeding.

(Pub. L. 104–1, title IV, §411, Jan. 23, 1995, 109 Stat. 37.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables.
2 U.S.C. § 130i (2024) — Title 2: THE CONGRESS / Chapter 4: OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES / Section 130i: Repealed. Pub. L. 112-74, div. G, title I, §105(1), Dec. 23, 2011, 125 Stat. 1123
Repealed. Pub. L. 112-74, div. G, title I, §105(1), Dec. 23, 2011, 125 Stat. 1123
Status: repealed

Section, Pub. L. 107–117, div. B, §905, Jan. 10, 2002, 115 Stat. 2318, established House of Representatives Office of Emergency Planning, Preparedness, and Operations.

Statutory Notes and Related Subsidiaries

Transfer of House Emergency Planning, Preparedness, and Operations Functions to Sergeant at Arms

Pub. L. 112–74, div. G, title I, §105, Dec. 23, 2011, 125 Stat. 1123, provided that: "Effective February 1, 2010—

"(1) section 905 of the Emergency Supplemental Act, 2002 (2 U.S.C. 130i) is repealed; and

"(2) the functions and responsibilities of the Office of Emergency Planning, Preparedness and Operations under section 905 of such Act are transferred and assigned to the Sergeant at Arms of the House of Representatives."
2 U.S.C. § 4725 (2024) — Title 2: THE CONGRESS / Chapter 47: CONGRESSIONAL ETHICS / Subchapter III: SENATE / Section 4725: Gifts and travel
Gifts and travel
Status: in_force

(a) Gifts

(1) No Member, officer, or employee of the Senate, or the spouse or dependent thereof, shall knowingly accept, directly or indirectly, any gift or gifts in any calendar year aggregating more than the minimal value as established by section 7342(a)(5) of title 5 or $250, whichever is greater 1 from any person, organization, or corporation unless, in an unusual case, a waiver is granted by the Select Committee on Ethics.

(2) The prohibitions of this subsection do not apply to gifts—

(A) from relatives;

(B) with a value of $100 or less, as adjusted under section 13104(a)(2)(A) of title 5; or

(C) of personal hospitality of an individual.

(3) For purposes of this subsection—

(A) the term "gift" means a payment, subscription, advance, forbearance, rendering, or deposit of money, services, or anything of value, including food, lodging, transportation, or entertainment, and reimbursement for other than necessary expenses, unless consideration of equal or greater value is received, but does not include (1) a political contribution otherwise reported as required by law, (2) a loan made in a commercially reasonable manner (including requirements that the loan be repaid and that a reasonable rate of interest be paid), (3) a bequest, inheritance, or other transfer at death, (4) a bona fide award presented in recognition of public service and available to the general public, (5) a reception at which the Member, officer, or employee is to be honored, provided such individual receives no other gifts that exceed the restrictions in this rule, other than a suitable memento, (6) meals or beverages consumed or enjoyed, provided the meals or beverages are not consumed or enjoyed in connection with a gift of overnight lodging, or (7) anything of value given to a spouse or dependent of a reporting individual by the employer of such spouse or dependent in recognition of the service provided by such spouse or dependent; and

(B) the term "relative" has the same meaning given to such term in section 13101(16) of title 5.

(4) If a Member, officer, or employee, after exercising reasonable diligence to obtain the information necessary to comply with this rule, unknowingly accepts a gift described in paragraph (1) such Member, officer, or employee shall, upon learning of the nature of the gift and its source, return the gift or, if it is not possible to return the gift, reimburse the donor for the value of the gift.

(5)(A) Notwithstanding the provisions of this subsection, a Member, officer, or employee of the Senate may participate in a program, the principal objective of which is educational, sponsored by a foreign government or a foreign educational or charitable organization involving travel to a foreign country paid for by that foreign government or organization if such participation is not in violation of any law and if the select 2 Committee on Ethics has determined that participation in such program by Members, officers, or employees of the Senate is in the interests of the Senate and the United States.

(B) Any Member who accepts an invitation to participate in any such program shall notify the Select Committee in writing of his acceptance. A Member shall also notify the Select Committee in writing whenever he has permitted any officer or employee whom he supervises to participate in any such program. The chairman of the Select Committee shall place in the Congressional Record a list of all individuals,3 participating, the supervisors of such individuals where applicable; 4 and the nature and itinerary of such program.

(C) No Member, officer, or employee may accept funds in connection with participation in a program permitted under subparagraph (A) if such funds are not used for necessary food, lodging, transportation, and related expenses of the Member, officer, or employee.

(b) Limits on domestic and foreign travel by Members and staff of Senate

The term "necessary expenses", with respect to limits on domestic and foreign travel by Members and staff of the Senate, means reasonable expenses for food, lodging, or transportation which are incurred by a Member, officer, or employee of the Senate in connection with services provided to (or participation in an event sponsored by) the organization which provides reimbursement for such expenses or which provides the food, lodging, or transportation directly. Necessary expenses do not include the provision of food, lodging, or transportation, or the payment for such expenses, for a continuous period in excess of 3 days exclusive of travel time within the United States or 7 days exclusive of travel time outside of the United States unless such travel is approved by the Committee on Ethics as necessary for participation in a conference, seminar, meeting or similar matter. Necessary expenses do not include the provision of food, lodging, or transportation, or the payment for such expenses, for anyone accompanying a Member, officer, or employee of the Senate, other than the spouse or child of such Member, officer, or employee of the Senate or one Senate employee acting as an aide to a Member.

(Pub. L. 101–194, title IX, §901, Nov. 30, 1989, 103 Stat. 1778; Pub. L. 101–280, §8, May 4, 1990, 104 Stat. 162; Pub. L. 102–90, title III, §314(c), Aug. 14, 1991, 105 Stat. 470; Pub. L. 117–286, §4(c)(5), Dec. 27, 2022, 136 Stat. 4353.)

Editorial Notes

Codification

Section was formerly classified to section 31–2 of this title prior to editorial reclassification and renumbering as this section.

Amendments

2022—Subsec. (a)(2)(B). Pub. L. 117–286, §4(c)(5)(A), substituted "section 13104(a)(2)(A) of title 5;" for "section 102(a)(2)(A) of the Ethics in Government Act of 1978;".

Subsec. (a)(3)(B). Pub. L. 117–286, §4(c)(5)(B), substituted "section 13101(16) of title 5." for "section 107(2) of title I of the Ethics in Government Act of 1978 (Public Law 95–521)."

1991—Subsec. (a)(1). Pub. L. 102–90, §314(c)(1)–(3), redesignated par. (2) as (1), substituted "in any calendar year aggregating more than the minimal value as established by section 7342(a)(5) of title 5 or $250, whichever is greater" for "having an aggregate value exceeding $300 during a calendar year", and struck out former par. (1) which read as follows: "No Member, officer, or employee of the Senate, or the spouse or dependent thereof, shall knowingly accept, directly or indirectly, any gift or gifts having an aggregate value exceeding $100 during a calendar year directly or indirectly from any person, organization, or corporation having a direct interest in legislation before the Congress or from any foreign national unless, in an unusual case, a waiver is granted by the Select Committee on Ethics."

Subsec. (a)(2). Pub. L. 102–90, §314(c)(2), (4), redesignated par. (5) as (2) and, in subpar. (B), substituted "$100 or less, as adjusted under section 102(a)(2)(A) of the Ethics in Government Act of 1978" for "less than $75". Former par. (2) redesignated (1).

Subsec. (a)(3). Pub. L. 102–90, §314(c)(5), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: "the term 'foreign national' means a person acting directly or indirectly on behalf of a foreign corporation, partnership, or business enterprise, a foreign trade, cultural, educational, or other association, a foreign political party, or a foreign government;".

Pub. L. 102–90, §314(c)(1), (2), redesignated par. (6) as (3) and struck out former par. (3) which read as follows: "In determining the aggregate value of any gift or gifts accepted by an individual during a calendar year from any person, organization, or corporation, there may be deducted the aggregate value of gifts (other than gifts described in paragraph (5)) given by such individual to such person, organization, or corporation during that calendar year."

Subsec. (a)(4). Pub. L. 102–90, §314(c)(1), (2), redesignated par. (7) as (4) and struck out former par. (4) which read as follows: "For purposes of this subsection, only the following shall be deemed to have a direct interest in legislation before the Congress:

"(A) a person, organization, or corporation registered under the Federal Regulation of Lobbying Act of 1946, or any successor statute, a person who is an officer or director of such a registered lobbyist, or a person who has been employed or retained by such a registered lobbyist for the purpose of influencing legislation before the Congress; or

"(B) a corporation, labor organization, or other organization which maintains a separate segregated fund for political purposes (within the meaning of section 441b of this title), a person who is an officer or director of such corporation, labor organization, or other organization, or a person who has been employed or retained by such corporation, labor organization, or other organization for the purpose of influencing legislation before the Congress."

Subsec. (a)(5) to (8). Pub. L. 102–90, §314(c)(2), redesignated pars. (5) to (8) as (2) to (5), respectively.

1990—Subsec. (a)(5)(D). Pub. L. 101–280, §8(1)(A), struck out subpar. (D) which read as follows: "from an individual who is a foreign national if that individual is not acting; directly or indirectly, on behalf of a foreign corporation, partnership or business enterprise, a foreign trade, cultural, educational or other association, a foreign political party or a foreign government."

Subsec. (a)(6)(A) to (C). Pub. L. 101–280, §8(1)(B), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.

Subsec. (b). Pub. L. 101–280, §8(2), substituted "or child of such Member" for "of a Member" and struck out "(and 2 nights)" after "of 3 days" and "(and 6 nights)" after "or 7 days".

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Pub. L. 102–90, title III, §314(g), Aug. 14, 1991, 105 Stat. 470, as amended by Pub. L. 102–378, §4(c), Oct. 2, 1992, 106 Stat. 1358, provided that:

"(1) The amendments made by subsections (b) through (f) [amending this section, section 505 of the Ethics in Government Act of 1978, Pub. L. 95–521, set out in the Appendix to Title 5, Government Organization and Employees, and section 7701 of Title 26, Internal Revenue Code] shall take effect on January 1, 1992.

"(2) The amendment made by subsection (a) [amending section 102 of the Ethics in Government Act of 1978, Pub. L. 95–521, set out in the Appendix to Title 5] shall take effect on January 1, 1993."

[Amendment by Pub. L. 102–378 to section 314(g) of Pub. L. 102–90, set out above, effective Dec. 31, 1991, see section 9(b)(1) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under section 6303 of Title 5.]

Effective Date of 1990 Amendment

Pub. L. 101–280, §11, May 4, 1990, 104 Stat. 163, provided that: "Except as otherwise provided in this joint resolution, this Act and the amendments made by this joint resolution [see Tables for classification] take effect on the date of the enactment of this joint resolution [May 4, 1990]."

1 So in original. Probably should be followed by a comma.

2 So in original. Probably should be capitalized.

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

4 So in original. The semicolon probably should be a comma.
2 U.S.C. § 645 (2024) — Title 2: THE CONGRESS / Chapter 17A: CONGRESSIONAL BUDGET AND FISCAL OPERATIONS / Subchapter I: CONGRESSIONAL BUDGET PROCESS / Section 645: Adjustments
Adjustments
Status: in_force

(a) Adjustments

After the reporting of a bill or joint resolution or the offering of an amendment thereto or the submission of a conference report thereon, the chairman of the Committee on the Budget of the House of Representatives or the Senate may make appropriate budgetary adjustments of new budget authority and the outlays flowing therefrom in the same amount as required by section 901(b) of this title.

(b) Application of adjustments

The adjustments made pursuant to subsection (a) for legislation shall—

(1) apply while that legislation is under consideration;

(2) take effect upon the enactment of that legislation; and

(3) be published in the Congressional Record as soon as practicable.

(c) Reporting revised suballocations

Following any adjustment made under subsection (a), the Committees on Appropriations of the Senate and the House of Representatives may report appropriately revised suballocations under section 633(b) of this title to carry out this section.

(d) Emergencies in the House of Representatives

(1) In the House of Representatives, if a reported bill or joint resolution, or amendment thereto or conference report thereon, contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency requirement pursuant to 901(b)(2)(A) 1 of this title, the chair of the Committee on the Budget of the House of Representatives shall not count the budgetary effects of such provision for purposes of this subchapter and subchapter II and the Rules of the House of Representatives.

(2)(A) In the House of Representatives, a proposal to strike a designation under paragraph (1) shall be excluded from an evaluation of budgetary effects for purposes of this subchapter and subchapter II and the Rules of the House of Representatives.

(B) An amendment offered under subparagraph (A) that also proposes to reduce each amount appropriated or otherwise made available by the pending measure that is not required to be appropriated or otherwise made available shall be in order at any point in the reading of the pending measure.

(e) Senate point of order against an emergency designation

(1) In general

When the Senate is considering a bill, resolution, amendment, motion, amendment between the Houses, or conference report, if a point of order is made by a Senator against an emergency designation in that measure, that provision making such a designation shall be stricken from the measure and may not be offered as an amendment from the floor.

(2) Supermajority waiver and appeals

(A) Waiver

Paragraph (1) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn.

(B) Appeals

Appeals in the Senate from the decisions of the Chair relating to any provision of this subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection.

(3) Definition of an emergency designation

For purposes of paragraph (1), a provision shall be considered an emergency designation if it designates any item pursuant to section 901(b)(2)(A)(i) of this title.

(4) Form of the point of order

A point of order under paragraph (1) may be raised by a Senator as provided in section 644(e) of this title.

(5) Conference reports

When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be deemed stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.

(f) Enforcement of discretionary spending caps

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 that would cause the discretionary spending limits as set forth in section 901 of this title to be exceeded.

(g) Adjustment for reemployment services and eligibility assessments

(1) In general

(A) Adjustments

If the Committee on Appropriations of either House reports an appropriation measure for any of fiscal years 2022 through 2027 that provides budget authority for grants under section 506 of title 42, or if a conference committee submits a conference report thereon, the chairman of the Committee on the Budget of the House of Representatives or the Senate shall make the adjustments referred to in subparagraph (B) to reflect the additional new budget authority provided for such grants in that measure or conference report and the outlays resulting therefrom, consistent with subparagraph (D).

(B) Types of adjustments

The adjustments referred to in this subparagraph consist of adjustments to—

(i) the discretionary spending limits for that fiscal year as set forth in the most recently adopted concurrent resolution on the budget;

(ii) the allocations to the Committees on Appropriations of the Senate and the House of Representatives for that fiscal year under section 633(a) of this title; and

(iii) the appropriate budget aggregates for that fiscal year in the most recently adopted concurrent resolution on the budget.

(C) Enforcement

The adjusted discretionary spending limits, allocations, and aggregates under this paragraph shall be considered the appropriate limits, allocations, and aggregates for purposes of congressional enforcement of this Act and concurrent budget resolutions under this Act.

(D) Limitation

No adjustment may be made under this subsection in excess of—

(i) for fiscal year 2022, $133,000,000;

(ii) for fiscal year 2023, $258,000,000;

(iii) for fiscal year 2024, $433,000,000;

(iv) for fiscal year 2025, $533,000,000;

(v) for fiscal year 2026, $608,000,000; and

(vi) for fiscal year 2027, $633,000,000.

(E) Definition

As used in this subsection, the term "additional new budget authority" means the amount provided for a fiscal year, in excess of $117,000,000, in an appropriation measure or conference report (as the case may be) and specified to pay for grants to States under section 506 of title 42.

(2) Report on 633(b) level

Following any adjustment made under paragraph (1), the Committees on Appropriations of the Senate and the House of Representatives may report appropriately revised suballocations pursuant to section 633(b) of this title to carry out this subsection.

(Pub. L. 93–344, title III, §314, as added Pub. L. 105–33, title X, §10114(a), Aug. 5, 1997, 111 Stat. 688; amended Pub. L. 105–89, title II, §201(b)(2), Nov. 19, 1997, 111 Stat. 2125; Pub. L. 112–25, title I, §105(a), Aug. 2, 2011, 125 Stat. 246; Pub. L. 112–78, title V, §511, Dec. 23, 2011, 125 Stat. 1291; Pub. L. 113–67, div. A, title I, §122(10), Dec. 26, 2013, 127 Stat. 1176; Pub. L. 115–123, div. C, title II, §30206(d), Feb. 9, 2018, 132 Stat. 131.)

Editorial Notes

References in Text

This Act, referred to in subsec. (g)(1)(C), is Pub. L. 115–123, Feb. 9, 2018, 132 Stat. 64, known as the Bipartisan Budget Act of 2018. For complete classification of this Act to the Code, see Short Title of 2018 Amendment note set out under section 1305 of Title 42, The Public Health and Welfare, and Tables.

Amendments

2018—Subsec. (g). Pub. L. 115–123 added subsec. (g).

2013—Subsec. (d)(2). Pub. L. 113–67 redesignated subpar. (B) as (A) and substituted "under paragraph (1)" for "under subparagraph (A)", redesignated subpar. (C) as (B) and substituted "under subparagraph (A)" for "under subparagraph (B)", and struck out former subpar. (A) which read as follows: "In the House of Representatives, if a reported bill or joint resolution, or amendment thereto or conference report thereon, contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency pursuant to paragraph (1), the chair of the Committee on the Budget shall not count the budgetary effects of such provision for purposes of this subchapter and subchapter II and the Rules of the House of Representatives."

2011—Subsec. (a). Pub. L. 112–25, §105(a)(1), added subsec. (a) and struck out former subsec. (a) which related to general adjustment provisions and described the matters to be adjusted.

Subsecs. (b) to (d). Pub. L. 112–25, §105(a)(2), (3), added subsec. (d), redesignated former subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to amounts of adjustments.

Subsec. (e). Pub. L. 112–78, §511(2), added subsec. (e). Former subsec. (e) redesignated (f).

Pub. L. 112–25, §105(a)(2), (3), added subsec. (e) and struck out former subsec. (e) which defined "continuing disability reviews" and "new budget authority" as used in former subsec. (b)(2).

Subsec. (f). Pub. L. 112–78, §511(1), redesignated subsec. (e) as (f).

1997—Subsec. (b)(6). Pub. L. 105–89 added par. (6).

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–89 effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Pub. L. 105–89, set out as a note under section 622 of Title 42, The Public Health and Welfare.

1 So in original. Probably should be preceded by the word "section".
2 U.S.C. § 644 (2024) — Title 2: THE CONGRESS / Chapter 17A: CONGRESSIONAL BUDGET AND FISCAL OPERATIONS / Subchapter I: CONGRESSIONAL BUDGET PROCESS / Section 644: Extraneous matter in reconciliation legislation
Extraneous matter in reconciliation legislation
Status: in_force

(a) In general

When the Senate is considering a reconciliation bill or a reconciliation resolution pursuant to section 641 of this title (whether that bill or resolution originated in the Senate or the House) or section 907d of this title, upon a point of order being made by any Senator against material extraneous to the instructions to a committee which is contained in any title or provision of the bill or resolution or offered as an amendment to the bill or resolution, and the point of order is sustained by the Chair, any part of said title or provision that contains material extraneous to the instructions to said Committee as defined in subsection (b) shall be deemed stricken from the bill and may not be offered as an amendment from the floor.

(b) Extraneous provisions

(1)(A) Except as provided in paragraph (2), a provision of a reconciliation bill or reconciliation resolution considered pursuant to section 641 of this title shall be considered extraneous if such provision does not produce a change in outlays or revenues, including changes in outlays and revenues brought about by changes in the terms and conditions under which outlays are made or revenues are required to be collected (but a provision in which outlay decreases or revenue increases exactly offset outlay increases or revenue decreases shall not be considered extraneous by virtue of this subparagraph); (B) any provision producing an increase in outlays or decrease in revenues shall be considered extraneous if the net effect of provisions reported by the committee reporting the title containing the provision is that the committee fails to achieve its reconciliation instructions; (C) a provision that is not in the jurisdiction of the committee with jurisdiction over said title or provision shall be considered extraneous; (D) a provision shall be considered extraneous if it produces changes in outlays or revenues which are merely incidental to the non-budgetary components of the provision; (E) a provision shall be considered to be extraneous if it increases, or would increase, net outlays, or if it decreases, or would decrease, revenues during a fiscal year after the fiscal years covered by such reconciliation bill or reconciliation resolution, and such increases or decreases are greater than outlay reductions or revenue increases resulting from other provisions in such title in such year; and (F) a provision shall be considered extraneous if it violates section 641(g) of this title.

(2) A Senate-originated provision shall not be considered extraneous under paragraph (1)(A) if the Chairman and Ranking Minority Member of the Committee on the Budget and the Chairman and Ranking Minority Member of the Committee which reported the provision certify that: (A) the provision mitigates direct effects clearly attributable to a provision changing outlays or revenues and both provisions together produce a net reduction in the deficit; (B) the provision will result in a substantial reduction in outlays or a substantial increase in revenues during fiscal years after the fiscal years covered by the reconciliation bill or reconciliation resolution; (C) a reduction of outlays or an increase in revenues is likely to occur as a result of the provision, in the event of new regulations authorized by the provision or likely to be proposed, court rulings on pending litigation, or relationships between economic indices and stipulated statutory triggers pertaining to the provision, other than the regulations, court rulings or relationships currently projected by the Congressional Budget Office for scorekeeping purposes; or (D) such provision will be likely to produce a significant reduction in outlays or increase in revenues but, due to insufficient data, such reduction or increase cannot be reliably estimated.

(3) A provision reported by a committee shall not be considered extraneous under paragraph (1)(C) if (A) the provision is an integral part of a provision or title, which if introduced as a bill or resolution would be referred to such committee, and the provision sets forth the procedure to carry out or implement the substantive provisions that were reported and which fall within the jurisdiction of such committee; or (B) the provision states an exception to, or a special application of, the general provision or title of which it is a part and such general provision or title if introduced as a bill or resolution would be referred to such committee.

(c) Extraneous materials

Upon the reporting or discharge of a reconciliation bill or resolution pursuant to section 641 of this title in the Senate, and again upon the submission of a conference report on such a reconciliation bill or resolution, the Committee on the Budget of the Senate shall submit for the record a list of material considered to be extraneous under subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this section to the instructions of a committee as provided in this section. The inclusion or exclusion of a provision shall not constitute a determination of extraneousness by the Presiding Officer of the Senate.

(d) Conference reports

When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a reconciliation bill or reconciliation resolution pursuant to section 641 of this title, upon—

(1) a point of order being made by any Senator against extraneous material meeting the definition of subsections (b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F), and

(2) such point of order being sustained,

such material contained in such conference report or amendment shall be deemed stricken, and the Senate shall proceed, without intervening action or motion, to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable for two hours. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order.

(e) General point of order

Notwithstanding any other law or rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a bill, resolution, amendment, motion, or conference report violate this section. The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains the point of order as to some of the provisions (including provisions of an amendment, motion, or conference report) against which the Senator raised the point of order, then only those provisions (including provisions of an amendment, motion, or conference report) against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this section. Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. After the Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding Officer on such a point of order as it applies to some or all of the provisions on which the Presiding Officer ruled.

(Pub. L. 93–344, title III, §313, formerly Pub. L. 99–272, title XX, §20001, Apr. 7, 1986, 100 Stat. 390, as amended Pub. L. 99–509, title VII, §7006, Oct. 21, 1986, 100 Stat. 1949; Pub. L. 100–119, title II, §205(a), (b), Sept. 29, 1987, 101 Stat. 784; renumbered §313 of Pub. L. 93–344 and amended Pub. L. 101–508, title XIII, §13214(a)–(b)(4), Nov. 5, 1990, 104 Stat. 1388–621, 1388–622; Pub. L. 105–33, title X, §10113(b)(1), Aug. 5, 1997, 111 Stat. 688.)

Editorial Notes

Codification

Prior to redesignation by Pub. L. 101–508, this section was section 20001 of Pub. L. 99–272, which was not classified to the Code, and subsec. (c) (now (d)) of this section (relating to point of order) was subsec. (a) of the first section of Senate Resolution No. 286, Ninety-ninth Congress, Dec. 19, 1985.

Amendments

1997—Subsec. (c). Pub. L. 105–33, §10113(b)(1)(A), redesignated subsec. (c), relating to point of order, as (d).

Subsec. (d). Pub. L. 105–33, §10113(b)(1)(A), redesignated subsec. (c), relating to point of order, as (d) and inserted heading. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 105–33, §10113(b)(1)(B), redesignated subsec. (d) as (e) and struck out heading and text of former subsec. (e). Text read as follows: "For purposes of this section, the levels of new budget authority, budget outlays, 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 Senate."

1990—Pub. L. 101–508, §13214(b)(2)(A), inserted "Extraneous matter in reconciliation legislation" as section catchline.

Pub. L. 101–508, §13214(b)(1), redesignated section 20001 of Pub. L. 99–272 as this section.

Subsec. (a). Pub. L. 101–508, §13214(a)(1)(A), inserted heading "In general".

Pub. L. 101–508, §13214(b)(4)(B), substituted "subsection (b)" for "subsection (d)".

Pub. L. 101–508, §13214(b)(4)(A), made technical amendment to reference to section 641 of this title to reflect change in reference to corresponding section of original act.

Pub. L. 101–508, §13214(b)(2)(B), struck out at end "An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section, as well as to waive or suspend the provisions of this subsection."

Pub. L. 101–508, §13214(a)(1)(B), inserted "(whether that bill or resolution originated in the Senate or the House) or section 907d of this title" after "section 641 of this title".

Subsec. (b). Pub. L. 101–508, §13214(b)(2)(B), (C), redesignated subsec. (d) as (b) and struck out former subsec. (b) which provided that no motion to waive or suspend the requirement of section 636(b)(2) of this title, as it related to germaneness with respect to a reconciliation bill or resolution, could be agreed to unless supported by an affirmative vote of three-fifths of the Members, duly chosen and sworn, which super-majority was to be required to successfully appeal the ruling of the Chair on a point of order raised under that section, as well as to waive or suspend the provisions of this subsection.

Pub. L. 101–508, §13214(a)(2), inserted heading "Extraneous provisions".

Subsec. (b)(1)(A). Pub. L. 101–508, §13214(b)(4)(A), made technical amendment to reference to section 641 of this title to reflect change in reference to corresponding section of original act.

Pub. L. 101–508, §13214(a)(3), inserted before semicolon "(but a provision in which outlay decreases or revenue increases exactly offset outlay increases or revenue decreases shall not be considered extraneous by virtue of this subparagraph)".

Subsec. (b)(1)(F). Pub. L. 101–508, §13214(a)(4)–(6), added subpar. (F).

Subsec. (b)(2). Pub. L. 101–508, §13214(a)(7), substituted "A Senate-originated provision" for "A provision".

Subsec. (b)(2)(C). Pub. L. 101–508, §13214(b)(4)(C), inserted "or" after "scorekeeping purposes;".

Subsec. (c). Pub. L. 101–508, §13214(b)(4)(F), which directed the substitution of "this subsection" for "this resolution" in par. (2), was executed to last sentence of subsec. (c) as the probable intent of Congress.

Pub. L. 101–508, §13214(b)(4)(E), substituted "(b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F)" for "(d)(1)(A) or (d)(1)(D) of section 20001 of the Consolidated Omnibus Budget Reconciliation Act of 1985".

Pub. L. 101–508, §13214(b)(4)(D), substituted "When" for "when".

Pub. L. 101–508, §13214(b)(4)(A), made technical amendment to reference to section 641 of this title to reflect change in reference to corresponding section of original act.

Pub. L. 101–508, §13214(b)(3), redesignated as subsec. (c), relating to point of order, subsec. (a) of the first section of Senate Resolution No. 286, Ninety-ninth Congress, Dec. 19, 1985, as amended by Senate Resolution No. 509, Ninety-ninth Congress, Oct. 16, 1986.

Pub. L. 101–508, §13214(b)(2)(C), redesignated subsec. (e), relating to extraneous materials, as (c).

Pub. L. 101–508, §13214(b)(2)(B), struck out subsec. (c) which provided for effective and termination dates of this section.

Subsec. (d). Pub. L. 101–508, §13214(b)(2)(C), redesignated subsec. (f) as (d). Former subsec. (d) redesignated (b).

Subsecs. (e) to (g). Pub. L. 101–508, §13214(a)(8), (b)(2)(C), added subsecs. (e) to (g) and redesignated them as subsecs. (c) to (e), respectively.

1987—Subsec. (c). Pub. L. 100–119, §205(a), substituted "September 30, 1992" for "January 2, 1988".

Subsec. (d)(1)(E). Pub. L. 100–119, §205(b), which directed that cl. (E) be added to subsec. (d)(1)(A), was executed to subsec. (d)(1), as the probable intent of Congress.

1986—Subsec. (c). Pub. L. 99–509, §7006(b), substituted "January 2, 1988" for "January 2, 1987".

Pub. L. 99–509, §7006(c), substituted "section 20001" for "section 1201" in Senate Resolution No. 286, Ninety-ninth Congress, Dec. 19, 1985. See 1990 Amendment note above.

Subsec. (d)(2). Pub. L. 99–509, §7006(a)(1), substituted "paragraph (1)(A) if the Chairman and Ranking Minority Member of the Committee on the Budget and the Chairman and Ranking Minority Member of the Committee which reported the provision certify that" for "(1)(A) above if" in introductory provisions.

Subsec. (d)(2)(A). Pub. L. 99–509, §7006(a)(2), substituted "the provision mitigates" for "it is designed to mitigate the".

Subsec. (d)(2)(B). Pub. L. 99–509, §7006(a)(3), substituted "the provision" for "it".

Subsec. (d)(3). Pub. L. 99–509, §7006(a)(4), added par. (3).
2 U.S.C. § 6628 (2024) — Title 2: THE CONGRESS / Chapter 65: SENATE OFFICERS AND ADMINISTRATION / Subchapter III: SERGEANT AT ARMS AND DOORKEEPER OF SENATE / Section 6628: Treatment of electronic services provided by Sergeant at Arms
Treatment of electronic services provided by Sergeant at Arms
Status: in_force

(a) In general

In this section—

(1) the term "agent of the Office of the SAA" includes a provider of electronic communication service or remote computing service commissioned or used through the Office of the SAA by a Senate office to provide such services to the Senate office;

(2) the term "electronic communication service" has the meaning given that term in section 2510 of title 18;

(3) the term "Office of the SAA" means the Office of the Sergeant at Arms and Doorkeeper of the Senate;

(4) the term "provider for a Senate office" means a provider of electronic communication service or remote computing service directly commissioned or used by a Senate office to provide such services;

(5) the term "remote computing service" has the meaning given that term in section 2711 of title 18;

(6) the term "Senate data", with respect to a Senate office, means any electronic mail or other electronic or data communication, other data (including metadata), or other information of the Senate office; and

(7) the term "Senate office" means a committee or office of the Senate, including a Senator, an officer of the Senate, or an employee of, intern at, or other agent of a committee or office of the Senate.

(b) Treatment

(1) Retaining possession

(A) In general

A Senate office shall be deemed to retain possession of any Senate data of the Senate office, without regard to the use by the Senate office of any individual or entity described in paragraph (2) for the purposes of any function or service described in paragraph (2).

(B) Rule of construction

Subparagraph (A) shall not be construed to limit the use by an intended recipient of any Senate data from a Senate office.

(2) Sergeant at Arms and providers for a Senate office

The Office of the SAA, any officer, employee, or agent of the Office of the SAA, and any provider for a Senate office shall not be treated as acquiring possession, custody, or control of any Senate data by reason of its being transmitted, processed, or stored (whether temporarily or otherwise) through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, in whole or in part by the Office of the SAA, the officer, employee, or agent of the Office of the SAA, or the provider for the Senate office.

(c) Notification

Notwithstanding any other provision of law or rule of civil or criminal procedure, the Office of the SAA, any officer, employee, or agent of the Office of the SAA, and any provider for a Senate office that is providing services to or used by a Senate office shall not be barred, through operation of any court order or any statutory provision, from notifying the Senate office of any legal process seeking disclosure of Senate data of the Senate office that is transmitted, processed, or stored (whether temporarily or otherwise) through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, in whole or in part by the Office of the SAA, the officer, employee, or agent of the Office of the SAA, or the provider for a Senate office.

(d) Motions to quash or modify

Upon a motion made promptly by a Senate office or provider for a Senate office, a court of competent jurisdiction shall quash or modify any legal process directed to the provider for a Senate office if compliance with the legal process would require the disclosure of Senate data of the Senate office.

(e) Information regarding implications of using providers

The Office of the SAA, in consultation with the Senate Legal Counsel, shall provide information to each Senate office that commissions or uses a provider of electronic communication service or remote computing service to provide such services to the Senate office regarding the potential constitutional implications and the potential impact on privileges that may be asserted by the Senate office.

(f) Applicable privileges

Nothing in this section shall be construed to limit or supersede any applicable privilege, immunity, or other objection that may apply to the disclosure of Senate data.

(g) Preemption

Except as provided in this section, any provision of law or rule of civil or criminal procedure of any State, political subdivision, or agency thereof, which is inconsistent with this section shall be deemed to be preempted and superseded.

(h) Effective date

This section shall apply to fiscal year 2005 and each fiscal year thereafter.

(Pub. L. 108–447, div. G, title I, §10, Dec. 8, 2004, 118 Stat. 3170; Pub. L. 109–289, div. B, title II, §20701(c)(1), as added Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 38; Pub. L. 116–260, div. FF, title IV, §401(a), Dec. 27, 2020, 134 Stat. 3134.)

Editorial Notes

Codification

Section was formerly classified to section 61f–12 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Legislative Branch Appropriations Act, 2005, which is div. G of the Consolidated Appropriations Act, 2005.

Amendments

2020—Pub. L. 116–260 added subsecs. (a) to (g), redesignated former subsec. (b) as (h), and struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: "The Office of the Sergeant at Arms and Doorkeeper of the United States Senate, and any officer, employee, or agent of the Office, shall not be treated as acquiring possession, custody, or control of any electronic mail or other electronic communication, data, or information by reason of its being transmitted, processed, or stored (whether temporarily or otherwise) through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, in whole or in part by the Office."

2007—Pub. L. 109–289, §20701(c)(1), as added by Pub. L. 110–5, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–260, div. FF, title IV, §401(b), Dec. 27, 2020, 134 Stat. 3135, provided that:

"(1) In this subsection, the terms 'Senate data' and 'Senate office' have the meanings given such terms in section 10 of the Legislative Branch Appropriations Act, 2005 [2 U.S.C. 6628], as amended by subsection (a) of this section.

"(2) The amendments made by this section shall—

"(A) take effect as though included in the Legislative Branch Appropriations Act, 2005 (division G of Public Law 108–447; 118 Stat. 3166); and

"(B) apply with respect to—

"(i) any legal process seeking disclosure of Senate data of a Senate office that is filed, issued, or made on or after the date of enactment of this Act [Dec. 27, 2020]; and

"(ii) any matter that is pending on or after the date of enactment of this Act that relates to legal process described in clause (i) that is filed, issued, or made before the date of enactment of this Act, unless the Senate data of the Senate office was disclosed in accordance with such legal process before the date of enactment of this Act."

Effective Date of 2007 Amendment

Pub. L. 109–289, div. B, title II, §20701(c)(2), as added by Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 38, provided that: "The amendments made by this subsection [amending this section] shall take effect as though included in the Legislative Branch Appropriations Act, 2005 [Pub. L. 108–447, div. G]."
2 U.S.C. § 661d (2024) — Title 2: THE CONGRESS / Chapter 17A: CONGRESSIONAL BUDGET AND FISCAL OPERATIONS / Subchapter III: CREDIT REFORM / Section 661d: Authorizations
Authorizations
Status: in_force

(a) Authorization of appropriations for costs

There are authorized to be appropriated to each Federal agency authorized to make direct loan obligations or loan guarantee commitments, such sums as may be necessary to pay the cost associated with such direct loan obligations or loan guarantee commitments.

(b) Authorization for financing accounts

In order to implement the accounting required by this subchapter, the President is authorized to establish such non-budgetary accounts as may be appropriate.

(c) Treasury transactions with financing accounts

The Secretary of the Treasury shall borrow from, receive from, lend to, or pay to the financing accounts such amounts as may be appropriate. The Secretary of the Treasury may prescribe forms and denominations, maturities, and terms and conditions for the transactions described above, except that the rate of interest charged by the Secretary on lending to financing accounts (including amounts treated as lending to financing accounts by the Federal Financing Bank (hereinafter in this subsection referred to as the "Bank") pursuant to section 655(b) of this title) and the rate of interest paid to financing accounts on uninvested balances in financing accounts shall be the same as the rate determined pursuant to section 661a(5)(E) of this title. For guaranteed loans financed by the Bank and treated as direct loans by a Federal agency pursuant to section 655(b) of this title, any fee or interest surcharge (the amount by which the interest rate charged exceeds the rate determined pursuant to section 661a(5)(E) of this title) that the Bank charges to a private borrower pursuant to section 2285(c) of title 12 shall be considered a cash flow to the Government for the purposes of determining the cost of the direct loan pursuant to section 661a(5) of this title. All such amounts shall be credited to the appropriate financing account. The Bank is authorized to require reimbursement from a Federal agency to cover the administrative expenses of the Bank that are attributable to the direct loans financed for that agency. All such payments by an agency shall be considered administrative expenses subject to section 661c(g) of this title. This subsection shall apply to transactions related to direct loan obligations or loan guarantee commitments made on or after October 1, 1991. The authorities described above shall not be construed to supersede or override the authority of the head of a Federal agency to administer and operate a direct loan or loan guarantee program. All of the transactions provided in this subsection shall be subject to the provisions of subchapter II of chapter 15 of title 31. Cash balances of the financing accounts in excess of current requirements shall be maintained in a form of uninvested funds and the Secretary of the Treasury shall pay interest on these funds.

(d) Authorization for liquidating accounts

(1) Amounts in liquidating accounts shall be available only for payments resulting from direct loan obligations or loan guarantee commitments made prior to October 1, 1991, for—

(A) interest payments and principal repayments to the Treasury or the Federal Financing Bank for amounts borrowed;

(B) disbursements of loans;

(C) default and other guarantee claim payments;

(D) interest supplement payments;

(E) payments for the costs of foreclosing, managing, and selling collateral that are capitalized or routinely deducted from the proceeds of sales;

(F) payments to financing accounts when required for modifications;

(G) administrative expenses, if—

(i) amounts credited to the liquidating account would have been available for administrative expenses under a provision of law in effect prior to October 1, 1991; and

(ii) no direct loan obligation or loan guarantee commitment has been made, or any modification of a direct loan or loan guarantee has been made, since September 30, 1991; or

(H) such other payments as are necessary for the liquidation of such direct loan obligations and loan guarantee commitments.

(2) Amounts credited to liquidating accounts in any year shall be available only for payments required in that year. Any unobligated balances in liquidating accounts at the end of a fiscal year shall be transferred to miscellaneous receipts as soon as practicable after the end of the fiscal year.

(3) If funds in liquidating accounts are insufficient to satisfy obligations and commitments of such accounts, there is hereby provided permanent, indefinite authority to make any payments required to be made on such obligations and commitments.

(e) Authorization of appropriations for implementation expenses

There are authorized to be appropriated to existing accounts such sums as may be necessary for salaries and expenses to carry out the responsibilities under this subchapter.

(f) Reinsurance

Nothing in this subchapter shall be construed as authorizing or requiring the purchase of insurance or reinsurance on a direct loan or loan guarantee from private insurers. If any such reinsurance for a direct loan or loan guarantee is authorized, the cost of such insurance and any recoveries to the Government shall be included in the calculation of the cost.

(g) Eligibility and assistance

Nothing in this subchapter shall be construed to change the authority or the responsibility of a Federal agency to determine the terms and conditions of eligibility for, or the amount of assistance provided by a direct loan or a loan guarantee.

(Pub. L. 93–344, title V, §505, as added Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–613; amended Pub. L. 105–33, title X, §10117(c), Aug. 5, 1997, 111 Stat. 694; Pub. L. 113–67, div. A, title I, §122(15), Dec. 26, 2013, 127 Stat. 1176.)

Editorial Notes

Prior Provisions

A prior section 505 of Pub. L. 93–344, title V, July 12, 1974, 88 Stat. 322, repealed sections 66 and 81 of this title.

Amendments

2013—Subsec. (c). Pub. L. 113–67 made technical amendment to reference in original act which appears in text as reference to section 655(b) of this title.

1997—Subsec. (c). Pub. L. 105–33, §10117(c)(2), substituted "supersede" for "supercede".

Pub. L. 105–33, §10117(c)(1), inserted before period at end of second sentence ", except that the rate of interest charged by the Secretary on lending to financing accounts (including amounts treated as lending to financing accounts by the Federal Financing Bank (hereinafter in this subsection referred to as the 'Bank') pursuant to section 655(b) of this title) and the rate of interest paid to financing accounts on uninvested balances in financing accounts shall be the same as the rate determined pursuant to section 661a(5)(E) of this title. For guaranteed loans financed by the Bank and treated as direct loans by a Federal agency pursuant to section 655(b) of this title, any fee or interest surcharge (the amount by which the interest rate charged exceeds the rate determined pursuant to section 661a(5)(E) of this title) that the Bank charges to a private borrower pursuant to section 2285(c) of title 12 shall be considered a cash flow to the Government for the purposes of determining the cost of the direct loan pursuant to section 661a(5) of this title. All such amounts shall be credited to the appropriate financing account. The Bank is authorized to require reimbursement from a Federal agency to cover the administrative expenses of the Bank that are attributable to the direct loans financed for that agency. All such payments by an agency shall be considered administrative expenses subject to section 661c(g) of this title. This subsection shall apply to transactions related to direct loan obligations or loan guarantee commitments made on or after October 1, 1991".

Subsec. (d). Pub. L. 105–33, §10117(c)(3), amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: "If funds in liquidating accounts are insufficient to satisfy the obligations and commitments of said accounts, there is hereby provided permanent, indefinite authority to make any payments required to be made on such obligations and commitments."
2 U.S.C. § 1850 (2024) — Title 2: THE CONGRESS / Chapter 28: ARCHITECT OF THE CAPITOL / Subchapter III: PERSONNEL / Section 1850: Compensation of registered nurses
Compensation of registered nurses
Status: in_force

Notwithstanding any other provision of law, effective on the first day of the first applicable pay period which begins on or after December 27, 1974, the positions of registered nurses compensated under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings, shall be allocated by the Architect of the Capitol at not to exceed grade 12 of the General Schedule.

Notwithstanding any other provision of law, effective January 1, 1975, none of the funds appropriated to the Architect of the Capitol shall thereafter be available for any nursing position unless the position is occupied by a Registered Nurse: Provided, That such provision shall not be applicable to the present incumbents of such positions.

(Pub. L. 93–554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 101–520, title I, §109, Nov. 5, 1990, 104 Stat. 2269; Pub. L. 103–283, title I, §103, July 22, 1994, 108 Stat. 1435.)

Editorial Notes

References in Text

The General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees.

Codification

Section was classified to section 166b–2 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.

Amendments

1994—Pub. L. 103–283 substituted "at not to exceed grade 12" for "to grade 11" in first par.

1990—Pub. L. 101–520 substituted "grade 11" for "grade 10" and struck out "and compensated initially at the same steps in such grade, currently in effect for their present grades, so long as such positions are held by the present incumbents" after "General Schedule" in first par.
2 U.S.C. § 635 (2024) — Title 2: THE CONGRESS / Chapter 17A: CONGRESSIONAL BUDGET AND FISCAL OPERATIONS / Subchapter I: CONGRESSIONAL BUDGET PROCESS / Section 635: Permissible revisions of concurrent resolutions on the budget
Permissible revisions of concurrent resolutions on the budget
Status: in_force

At any time after the concurrent resolution on the budget for a fiscal year has been agreed to pursuant to section 632 of this title, and before the end of such fiscal year, the two Houses may adopt a concurrent resolution on the budget which revises or reaffirms the concurrent resolution on the budget for such fiscal year most recently agreed to.

(Pub. L. 93–344, title III, §304, July 12, 1974, 88 Stat. 310; Pub. L. 99–177, title II, §201(b), Dec. 12, 1985, 99 Stat. 1047; Pub. L. 100–119, title II, §208(b), Sept. 29, 1987, 101 Stat. 786; Pub. L. 101–508, title XIII, §13112(a)(8), Nov. 5, 1990, 104 Stat. 1388–608; Pub. L. 105–33, title X, §10108, Aug. 5, 1997, 111 Stat. 684.)

Editorial Notes

Codification

Section was formerly classified to section 1325 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

1997—Pub. L. 105–33 designated subsec. (a) as entire section and struck out subsec. (a) heading "In general" and subsec. (b) heading and text. Prior to amendment, text of subsec. (b) read as follows: "The provisions of section 632(g) of this title shall apply with respect to concurrent resolutions on the budget under this section (and amendments thereto and conference reports thereon) in the same way they apply to concurrent resolutions on the budget under such section 632(g) of this title (and amendments thereto and conference reports thereon)."

1990—Subsecs. (b), (c). Pub. L. 101–508 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: "The provisions of section 632(i) of this title shall apply with respect to concurrent resolutions on the budget under this section (and amendments thereto and conference reports thereon) in the same way they apply to concurrent resolutions on the budget under such section 632(i) of this title (and amendments thereto and conference reports thereon)."

1987—Subsec. (c). Pub. L. 100–119 added subsec. (c).

1985—Pub. L. 99–177, in amending section generally, inserted "Permissible" before "revisions" in section catchline, designated existing provisions as subsec. (a), struck out "first" after "after the", and added subsec. (b).

Statutory Notes and Related Subsidiaries

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, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.
2 U.S.C. § 6539 (2024) — Title 2: THE CONGRESS / Chapter 65: SENATE OFFICERS AND ADMINISTRATION / Subchapter II: SECRETARY OF THE SENATE / Section 6539: Abolition of statutory positions in Office of Secretary of Senate; Secretary's authority to establish and fix compensation for positions
Abolition of statutory positions in Office of Secretary of Senate; Secretary's authority to establish and fix compensation for positions
Status: in_force

Effective October 1, 1981, all statutory positions in the Office of the Secretary (other than the positions of the Secretary of the Senate, Assistant Secretary of the Senate, Parliamentarian, Financial Clerk, and Director of the Office of Classified National Security Information) are abolished, and in lieu of the positions hereby abolished the Secretary of the Senate is authorized to establish such number of positions as he deems appropriate and appoint and fix the compensation of employees to fill the positions so established; except that the annual rate of compensation payable to any employee appointed to fill any position established by the Secretary of the Senate shall not, for any period of time, be in excess of $1,000 less than the annual rate of compensation of the Secretary of the Senate for that period of time; and except that nothing in this section shall be construed to affect any position authorized by statute, if the compensation for such position is to be paid from the contingent fund of the Senate.

(Pub. L. 97–51, §114, Oct. 1, 1981, 95 Stat. 963.)

Editorial Notes

Codification

Section was formerly classified to section 61a–11 of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Increases in Compensation

Increases in compensation for Senate officers and employees under authority of Federal Pay Comparability Act of 1970 (Pub. L. 91–656), see Salary Directives of President pro tempore of the Senate, set out as notes under section 4571 of this title.
2 U.S.C. § 4713 (2024) — Title 2: THE CONGRESS / Chapter 47: CONGRESSIONAL ETHICS / Subchapter II: HOUSE OF REPRESENTATIVES / Section 4713: Reporting payments made to witnesses before Committee on Standards of Official Conduct
Reporting payments made to witnesses before Committee on Standards of Official Conduct
Status: in_force

Notwithstanding any other provision of law or any other rule or regulation, any information on payments made by the Committee on Standards of Official Conduct of the House of Representatives to an individual for attendance as a witness before the Committee in executive session during a Congress shall be reported not later than the second semiannual report filed under section 5535 of this title in the following Congress.

(Pub. L. 105–275, title I, §105, Oct. 21, 1998, 112 Stat. 2439.)

Editorial Notes

Codification

Section was formerly classified as a note under section 104b of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
2 U.S.C. § 6532 (2024) — Title 2: THE CONGRESS / Chapter 65: SENATE OFFICERS AND ADMINISTRATION / Subchapter II: SECRETARY OF THE SENATE / Section 6532: Death, resignation, or disability of Secretary and Assistant Secretary of Senate; Financial Clerk deemed successor as disbursing officer
Death, resignation, or disability of Secretary and Assistant Secretary of Senate; Financial Clerk deemed successor as disbursing officer
Status: in_force

For any period during which both the Secretary and the Assistant Secretary of the Senate are unable (because of death, resignation, or disability) to discharge such Secretary's duties as disbursing officer of the Senate, the Financial Clerk of the Senate shall be deemed to be the successor of such Secretary as disbursing officer.

(Mar. 3, 1926, ch. 44, §1, 44 Stat. 162; Pub. L. 91–105, §2, Oct. 31, 1969, 83 Stat. 169; Pub. L. 91–382, Aug. 18, 1970, 84 Stat. 810; Pub. L. 92–310, title II, §220(g), June 6, 1972, 86 Stat. 204; Pub. L. 98–367, title I, §2(a), July 17, 1984, 98 Stat. 474.)

Editorial Notes

Codification

Section was formerly classified to section 64a of this title prior to editorial reclassification and renumbering as this section.

Amendments

1984—Pub. L. 98–367 substituted "For any period during which both the Secretary and the Assistant Secretary of the Senate are unable (because of death, resignation, or disability) to discharge such Secretary's duties as disbursing officer of the Senate, the Financial Clerk of the Senate shall be deemed to be the successor of such Secretary as disbursing officer" for "In the event of the death, resignation, or disability of the Secretary of the Senate, the Financial Clerk of the Senate shall be deemed his successor as a disbursing officer and he shall serve as such disbursing officer until the end of the quarterly period during which a new Secretary shall have been elected and qualified, or such disability shall have been ended".

1972—Pub. L. 92–310 struck out provisions which related to the bond of the Financial Clerk.

1970—Pub. L. 91–382 substituted "Financial Clerk" for "Comptroller".

1969—Pub. L. 91–105 substituted the Comptroller of the Senate for the Financial Clerk of the Senate as the successor of the Secretary of the Senate in the event of the death, resignation, or disability of the Secretary.

Statutory Notes and Related Subsidiaries

Effective Date of 1970 Amendment

Pub. L. 91–382 provided that the amendment made by Pub. L. 91–382 is effective Aug. 1, 1970.

Certification of Disability

Secretary of the Senate to be considered as disabled for purposes of this section only during such period of time as the Majority and Minority Leaders and the President pro tempore of the Senate certify jointly to the Senate that he is unable to perform his duties, see section 6533 of this title.
2 U.S.C. § 602 (2024) — Title 2: THE CONGRESS / Chapter 17: CONGRESSIONAL BUDGET OFFICE / Section 602: Duties and functions
Duties and functions
Status: in_force

(a) Assistance to budget committees

It shall be the primary duty and function of the Office to provide to the Committees on the Budget of both Houses information which will assist such committees in the discharge of all matters within their jurisdictions, including (1) information with respect to the budget, appropriation bills, and other bills authorizing or providing new budget authority or tax expenditures, (2) information with respect to revenues, receipts, estimated future revenues and receipts, and changing revenue conditions, and (3) such related information as such Committees may request.

(b) Assistance to Committees on Appropriations, Ways and Means, and Finance

At the request of the Committee on Appropriations of either House, the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate, the Office shall provide to such Committee any information which will assist it in the discharge of matters within its jurisdiction, including information described in clauses (1) and (2) of subsection (a) and such related information as the Committee may request.

(c) Assistance to other committees and Members

(1) At the request of any other committee of the House of Representatives or the Senate or any joint committee of the Congress, the Office shall provide to such committee or joint committee any information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent practicable, such additional information related to the foregoing as may be requested.

(2) At the request of any committee of the Senate or the House of Representatives, the Office shall, to the extent practicable, consult with and assist such committee in analyzing the budgetary or financial impact of any proposed legislation that may have—

(A) a significant budgetary impact on State, local, or tribal governments;

(B) a significant financial impact on the private sector; or

(C) a significant employment impact on the private sector.

(3) At the request of any Member of the House or Senate, the Office shall provide to such Member any information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent available, such additional information related to the foregoing as may be requested.

(d) Assignment of office personnel to committees and joint committees

At the request of the Committee on the Budget of either House, personnel of the Office shall be assigned, on a temporary basis, to assist such committee. At the request of any other committee of either House or any joint committee of the Congress, personnel of the Office may be assigned, on a temporary basis, to assist such committee or joint committee with respect to matters directly related to the applicable provisions of subsection (b) or (c).

(e) Reports to budget committees

(1) On or before February 15 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a report, for the fiscal year commencing on October 1 of that year, with respect to fiscal policy, including (A) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits), (B) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year, and (C) a statement of the levels of budget authority and outlays for each program assumed to be extended in the baseline, as provided in section 907(b)(2)(A) of this title and for excise taxes assumed to be extended under section 907(b)(2)(C) of this title. Such report shall also include a discussion of national budget priorities, including alternative ways of allocating new budget authority and budget outlays for such fiscal year among major programs or functional categories, taking into account how such alternative allocations will meet major national needs and affect balanced growth and development of the United States.

(2) The Director shall from time to time submit to the Committees on the Budget of the House of Representatives and the Senate such further reports (including reports revising the report required by paragraph (1)) as may be necessary or appropriate to provide such Committees with information, data, and analyses for the performance of their duties and functions.

(3) On or before January 15 of each year, the Director, after consultation with the appropriate committees of the House of Representatives and Senate, shall submit to the Congress a report listing (A) all programs and activities funded during the fiscal year ending September 30 of that calendar year for which authorizations for appropriations have not been enacted for that fiscal year, and (B) all programs and activities for which authorizations for appropriations have been enacted for the fiscal year ending September 30 of that calendar year, but for which no authorizations for appropriations have been enacted for the fiscal year beginning October 1 of that calendar year.

(f) Use of computers and other techniques

The Director may equip the Office with up-to-date computer capability (upon approval of the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate), obtain the services of experts and consultants in computer technology, and develop techniques for the evaluation of budgetary requirements.

(g) Studies

(1) Continuing studies

The Director of the Congressional Budget Office shall conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures.

(2) Federal mandate studies

(A) At the request of any Chairman or ranking member of the minority of a Committee of the Senate or the House of Representatives, the Director shall, to the extent practicable, conduct a study of a legislative proposal containing a Federal mandate.

(B) In conducting a study on intergovernmental mandates under subparagraph (A), the Director shall—

(i) solicit and consider information or comments from elected officials (including their designated representatives) of State, local, or tribal governments as may provide helpful information or comments;

(ii) consider establishing advisory panels of elected officials or their designated representatives, of State, local, or tribal governments if the Director determines that such advisory panels would be helpful in performing responsibilities of the Director under this section; and

(iii) if, and to the extent that the Director determines that accurate estimates are reasonably feasible, include estimates of—

(I) the future direct cost of the Federal mandate to the extent that such costs significantly differ from or extend beyond the 5-year period after the mandate is first effective; and

(II) any disproportionate budgetary effects of Federal mandates upon particular industries or sectors of the economy, States, regions, and urban or rural or other types of communities, as appropriate.

(C) In conducting a study on private sector mandates under subparagraph (A), the Director shall provide estimates, if and to the extent that the Director determines that such estimates are reasonably feasible, of—

(i) future costs of Federal private sector mandates to the extent that such mandates differ significantly from or extend beyond the 5-year time period referred to in subparagraph (B)(iii)(I);

(ii) any disproportionate financial effects of Federal private sector mandates and of any Federal financial assistance in the bill or joint resolution upon any particular industries or sectors of the economy, States, regions, and urban or rural or other types of communities; and

(iii) the effect of Federal private sector mandates in the bill or joint resolution on the national economy, including the effect on productivity, economic growth, full employment, creation of productive jobs, and international competitiveness of United States goods and services.

(Pub. L. 93–344, title II, §202, July 12, 1974, 88 Stat. 304; Pub. L. 99–177, title II, §221, Dec. 12, 1985, 99 Stat. 1060; Pub. L. 101–508, title XIII, §13112(a)(3), Nov. 5, 1990, 104 Stat. 1388–608; Pub. L. 104–4, title I, §102(1), Mar. 22, 1995, 109 Stat. 60; Pub. L. 104–186, title II, §213, Aug. 20, 1996, 110 Stat. 1745; Pub. L. 105–33, title X, §10103, Aug. 5, 1997, 111 Stat. 678.)

Editorial Notes

Amendments

1997—Subsec. (a). Pub. L. 105–33, §10103(a), inserted "primary" before "duty" in first sentence.

Subsec. (e). Pub. L. 105–33, §10103(b), redesignated subsec. (f) as (e) and struck out heading and text of former subsec. (e). Text of par. (1) of subsec. (e) read as follows: "The duties, functions, and personnel of the Joint Committee on Reduction of Federal Expenditures are transferred to the Office, and the Joint Committee is abolished." Par. (2) of subsec. (e) repealed section 571 of former Title 31, Money and Finance.

Subsec. (e)(1)(C). Pub. L. 105–33, §10103(c), added subpar. (C).

Subsecs. (f) to (h). Pub. L. 105–33, §10103(b), redesignated subsecs. (g) and (h) as (f) and (g), respectively.

1996—Subsec. (g). Pub. L. 104–186 substituted "House Oversight" for "House Administration".

1995—Subsec. (c)(2), (3). Pub. L. 104–4, §102(1)(A), added par. (2) and redesignated former par. (2) as (3).

Subsec. (h). Pub. L. 104–4, §102(1)(B), amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: "The Director shall conduct continuing studies to enhance comparisons of budget outlays, credit authority, and tax expenditures."

1990—Subsecs. (a)(1), (f)(1). Pub. L. 101–508 substituted "new budget authority" for "budget authority" in subsec. (a)(1) and second sentence of subsec. (f)(1).

1985—Subsec. (f)(1). Pub. L. 99–177, §221(a), substituted "February 15" for "April 1".

Subsec. (f)(3). Pub. L. 99–177, §221(b), added par. (3).

Subsec. (h). Pub. L. 99–177, §221(c), added subsec. (h).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

Effective Date of 1995 Amendment

Amendment by Pub. 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 Pub. L. 104–4, set out as an Effective Date note under section 1511 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, formerly set out as an Effective and Termination Dates note under section 900 of this title prior to repeal by Pub. L. 112–25, title I, §104(a), Aug. 2, 2011, 125 Stat. 246.

Effective Date

Section effective on day on which first Director of Congressional Budget Office is appointed under section 601(a) of this title, see section 905(b) of Pub. L. 93–344, formerly set out as a note under section 621 of this title.

Credit Reform

Pub. L. 100–119, title II, §212, Sept. 29, 1987, 101 Stat. 787, provided that the Congressional Budget Office, in consultation with the General Accounting Office, was to study and report to Congress, as soon as practicable, on Federal direct loan and loan guarantee programs for fiscal years 1987 and 1988.
2 U.S.C. § 437a (2024) — Title 2: THE CONGRESS / Chapter 14: FEDERAL ELECTION CAMPAIGNS / Subchapter I: DISCLOSURE OF FEDERAL CAMPAIGN FUNDS / Section 437a: Repealed. Pub. L. 94-283, title I, §105, May 11, 1976, 90 Stat. 481
Repealed. Pub. L. 94-283, title I, §105, May 11, 1976, 90 Stat. 481
Status: repealed

Section, Pub. L. 92–225, title III, §308, as added Pub. L. 93–443, title II, §208(a), Oct. 15, 1974, 88 Stat. 1279, required the filing of reports with the Commission by certain named persons other than individuals who act to influence others to vote for or against political candidates. See section 30120 et seq. of Title 52, Voting and Elections.

Statutory Notes and Related Subsidiaries

Savings Provision

Repeal by Pub. L. 94–283 not to release or extinguish any penalty, forfeiture, or liability incurred under this section, with this section or penalty to be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of any penalty, forfeiture, or liability, see section 114 of Pub. L. 94–283, set out as a note under section 441 of this title.