§ 651. Budget-related legislation not subject to appropriations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Pub. L. 93–344 title IV § 401 · 88 Stat. 297

   Enacted · 2 U.S.C. § 651

   Pub. L. 93–344, title IV, § 401, July 12, 1974, 88 Stat. 317

   Source evidence

   Code source credit
   Pub. L. 93–344, title IV, § 401, July 12, 1974, 88 Stat. 317

   Enacted provision · exact public law section
   Sec. 401. (a) Legislation Providing Contract or Borrowing Authority.— It shall not be in order in either the House of Representatives 31 USC 1351. or the Senate to consider any bill or resolution which provides new spending authority described in subsection (c) (2) (A) or (B) (or any amendment which provides such new spending authority), unless that bill, resolution, or amendment also provides that such new spending authority is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. (b) Legislation Providing Entitlement Authority.— (1) It shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution which provides new spending authority described in subsection (c)(2)(C) (or any amendment which provides such new spending authority) which is to become effective before the first day of the fiscal year which begins during the calendar year in which such bill or resolution is reported. (2) If any committee of the House of Representatives or the Senate reports any bill or resolution which provides new spending authority described in subsection (c) (2) (C) which is to become effective during a fiscal year and the amount of new budget authority which will be required for such fiscal year if such bill or resolution is enacted as so reported exceeds the appropriate allocation of new budget authority reported under section 302(b) in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year, such bill or resolution shall then be Referral to Appropriations Committee. referred to the Committee on Appropriations of that House with instructions to report it, with the committee’s recommendations, within 15 calendar days (not counting any day on which that House is not in session) beginning with the day following the day on which it is so referred. If the Committee on Appropriations of Discharge from consideration. either House fails to report a bill or resolution referred to it under this paragraph within such 15-day period, the committee shall automatically be discharged from further consideration of such bill or resolution and such bill or resolution shall be placed on the Placement on calendar. appropriate calendar. (3) The Committee on Appropriations of each House shall have Committee jurisdiction. jurisdiction to report any bill or resolution referred to it under paragraph (2) with an amendment which limits the total amount of new spending authority provided in such bill or resolution. (c) Definitions.— (1) For purposes of this section, the term “new spending authority” means spending authority not provided by law on the effective date of this section, including any increase in or addition to spending authority provided by law on such date. (2) For purposes of paragraph (1), the term “spending authority” means authority (whether temporary or permanent) — (A) to enter into contracts under which the United States is obligated to make outlays, the budget authority for which is not provided in advance by appropriation Acts; (B) to incur indebtedness (other than indebtedness incurred under the Second Liberty Bond Act) for the repayment 31 USC 774. of which the United States is liable, the budget authority for which is not provided in advance by appropriation Acts; and (C) to make payments (including loans and grants), the budget authority for which is not provided for in advance by appropriation Acts, to any person or government if, under the provisions of the law containing such authority, the United States is obligated to make such payments to persons or governments who meet the requirements established by such law. Such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government, (d) Exceptions.— (1) Subsections (a) and (b) shall not apply to new spending authority if the budget authority for outlays which will result from such new spending authority is derived— (A) from a trust fund established by the Social Security Act (as in effect on the date of the enactment of this Act); 42 USC 1305. or (B) from any other trust fund, 90 percent or more of the receipts of which consist or will consist of amounts (transferred from the general fund of the Treasury) equivalent to amounts of taxes (related to the purposes for which such outlays are or will be made) received in the Treasury under specified provisions of the Internal Revenue Code of 1954. 26 USC 1 et seq. (2) Subsections (a) and (b) shall not apply to new spending authority which is an amendment to or extension of the State and Local Fiscal Assistance Act of 1972, or a continuation of 31 USC 1221 note. the program of fiscal assistance to State and local governments provided by that Act, to the extent so provided in the bill or resolution providing such authority. (3) Subsections (a) and (b) shall not apply to new spending authority to the extent that— (A) the outlays resulting therefrom are made by an organization which is (i) a mixed-ownership Government corporation (as defined in section 201 of the Government Corporation Control Act) , or (ii) a wholly owned Government 31 USC 856. 31 USC 846. corporation (as defined in section 101 of such Act) which is specifically exempted by law from compliance with any or all of the provisions of that Act; or (B) the outlays resulting therefrom consist exclusively of the proceeds of gifts or bequests made to the United States for a specific purpose.

2. 1985

   Balanced Budget and Emergency Deficit Control Act of 1985

   Pub. L. 99–177 title II § 211 · 99 Stat. 1037

   1. Amended · 2 U.S.C. § 651(a)

      Pub. L. 99–177 amended subsec. (a) generally

   2. Inserted · 2 U.S.C. § 651(a)

      Pub. L. 99–177 inserting provisions relating to applicability to conference reports

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–177 amended subsec. (a) generally, inserting provisions relating to applicability to conference reports.

   Enacted provision · exact public law section
   SEC. 211. NEW SPENDING AUTHORITY. Section 401 of the Congressional Budget Act of 1974 is amended to read as follows: “Sec. 401. “bills providing new spending authority (a) Controls on Legislation Providing Spending Authority.— It shall not be in order in either the House of Representatives or the Senate to consider any bill, resolution, or conference report, as reported to its House which provides new spending authority described in subsection (c)(2) (A) or (B) (or any amendment which provides such new spending authority), unless that bill, resolution, conference report, or amendment also provides that such new spending authority as described in subsection (c)(2) (A) or (B) is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. “(b) Legislation Providing Entitlement Authority.— “(1) It shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution which provides new spending authority described in subsection (c)(2)(C) (or any amendment which provides such new spending authority) which is to become effective before the first day of the fiscal year which begins during the calendar year in which such bill or resolution is reported. “(2) If any committee of the House of Representatives or the Senate reports any bill or resolution which provides new spending authority described in subsection (c)(2)(C) which is to become effective during a fiscal year and the amount of new budget authority which will be required for such fiscal year if such bill or resolution is enacted as so reported exceeds the appropriate allocation of new budget authority reported under section 302(b) Ante, p. 1044. in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year, such bill or resolution shall then be referred to the Committee on Appropriations of that House with instructions to report it, with the committee’s recommendations, within 15 calendar days (not counting any day on which that House is not in session) beginning with the day following the day on which it is so referred. If the Committee on Appropriations of either House fails to report a bill or resolution referred to it under this paragraph within such 15-day period, the committee shall automatically be discharged from further consideration of such bill or resolution and such bill or resolution shall be placed on the appropriate calendar. “(3) The Committee on Appropriations of each House shall have jurisdiction to report any bill or resolution referred to it under paragraph (2) with an amendment which limits the total amount of new spending authority provided in such bill or resolution. “(c) Definitions.— “(1) For purposes of this section, the term ‘new spending authority’ means spending authority not provided by law on the effective date of this Act, including any increase in or addition to spending authority provided by law on such date. “(2) For purposes of paragraph (1), the term ‘spending authority’ means authority (whether temporary or permanent)— “(A) to enter into contracts under which the United States is obligated to make outlays, the budget authority for which is not provided in advance by appropriation Acts; “(B) to incur indebtedness (other than indebtedness incurred under chapter 31 of title 31 of the United States Code) for the repayment of which the United States is 31 USC 3101 et seq. liable, the budget authority for which is not provided in advance by appropriation Acts; “(C) to make payments (including loans and grants), the budget authority for which is not provided for in advance by appropriation Acts, to any person or government if, under the provisions of the law containing such authority, the United States is obligated to make such payments to persons or governments who meet the requirements established by such law; “(D) to forego the collection by the United States of proprietary offsetting receipts, the budget authority for which is not provided in advance by appropriation Acts to offset such foregone receipts; and “(E) to make payments by the United States (including loans, grants, and payments from revolving funds) other than those covered by subparagraph (A), (B), (C), or (D), the budget authority for which is not provided in advance by appropriation Acts. Such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government. “(d) Exceptions.— “(1) Subsections (a) and (b) shall not apply to new spending authority if the budget authority for outlays which will result from such new spending authority is derived— “(A) from a trust fund established by the Social Security 42 USC 1305. Act (as in effect on the date of the enactment of this Act); or “(B) from any other trust fund, 90 percent or more of the receipts of which consist or will consist of amounts (transferred from the general fund of the Treasury) equivalent to amounts of taxes (related to the purposes for which such outlays are or will be made) received in the Treasury under 26 USC 1 et seq. specified provisions of the Internal Revenue Code of 1954. “(2) Subsections (a) and (b) shall not apply to new spending authority which is an amendment to or extension of the State 31 USC 6702. and Local Fiscal Assistance Act of 1972, or a continuation of the program of fiscal assistance to State and local governments provided by that Act, to the extent so provided in the bill or resolution providing such authority. “(3) Subsections (a) and (b) shall not apply to new spending authority to the extent that— “(A) the outlays resulting therefrom are made by an organization which is (i) a mixed-ownership Government corporation (as defined in section 201 of the Government 31 USC 9101. 31 USC 9101. Corporation Control Act), or (ii) a wholly owned Government corporation (as defined in section 101 of such Act) which is specifically exempted by law from compliance with any or all of the provisions of that Act, as of the date of enactment of the Balanced Budget and Emergency Deficit Control Act of 1985; or “(B) the outlays resulting therefrom consist exclusively of the proceeds of gifts or bequests made to the United States for a specific purpose.”.

   Effective date note
   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.

3. 1985

   Balanced Budget and Emergency Deficit Control Act of 1985

   Pub. L. 99–177 title II § 211 · 99 Stat. 1037

   Changed · 2 U.S.C. § 651(b)

   Pub. L. 99–177, in amending section generally, reenacted subsec. (b) without change

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–177, in amending section generally, reenacted subsec. (b) without change.

   Enacted provision · exact public law section
   SEC. 211. NEW SPENDING AUTHORITY. Section 401 of the Congressional Budget Act of 1974 is amended to read as follows: “Sec. 401. “bills providing new spending authority (a) Controls on Legislation Providing Spending Authority.— It shall not be in order in either the House of Representatives or the Senate to consider any bill, resolution, or conference report, as reported to its House which provides new spending authority described in subsection (c)(2) (A) or (B) (or any amendment which provides such new spending authority), unless that bill, resolution, conference report, or amendment also provides that such new spending authority as described in subsection (c)(2) (A) or (B) is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. “(b) Legislation Providing Entitlement Authority.— “(1) It shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution which provides new spending authority described in subsection (c)(2)(C) (or any amendment which provides such new spending authority) which is to become effective before the first day of the fiscal year which begins during the calendar year in which such bill or resolution is reported. “(2) If any committee of the House of Representatives or the Senate reports any bill or resolution which provides new spending authority described in subsection (c)(2)(C) which is to become effective during a fiscal year and the amount of new budget authority which will be required for such fiscal year if such bill or resolution is enacted as so reported exceeds the appropriate allocation of new budget authority reported under section 302(b) Ante, p. 1044. in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year, such bill or resolution shall then be referred to the Committee on Appropriations of that House with instructions to report it, with the committee’s recommendations, within 15 calendar days (not counting any day on which that House is not in session) beginning with the day following the day on which it is so referred. If the Committee on Appropriations of either House fails to report a bill or resolution referred to it under this paragraph within such 15-day period, the committee shall automatically be discharged from further consideration of such bill or resolution and such bill or resolution shall be placed on the appropriate calendar. “(3) The Committee on Appropriations of each House shall have jurisdiction to report any bill or resolution referred to it under paragraph (2) with an amendment which limits the total amount of new spending authority provided in such bill or resolution. “(c) Definitions.— “(1) For purposes of this section, the term ‘new spending authority’ means spending authority not provided by law on the effective date of this Act, including any increase in or addition to spending authority provided by law on such date. “(2) For purposes of paragraph (1), the term ‘spending authority’ means authority (whether temporary or permanent)— “(A) to enter into contracts under which the United States is obligated to make outlays, the budget authority for which is not provided in advance by appropriation Acts; “(B) to incur indebtedness (other than indebtedness incurred under chapter 31 of title 31 of the United States Code) for the repayment of which the United States is 31 USC 3101 et seq. liable, the budget authority for which is not provided in advance by appropriation Acts; “(C) to make payments (including loans and grants), the budget authority for which is not provided for in advance by appropriation Acts, to any person or government if, under the provisions of the law containing such authority, the United States is obligated to make such payments to persons or governments who meet the requirements established by such law; “(D) to forego the collection by the United States of proprietary offsetting receipts, the budget authority for which is not provided in advance by appropriation Acts to offset such foregone receipts; and “(E) to make payments by the United States (including loans, grants, and payments from revolving funds) other than those covered by subparagraph (A), (B), (C), or (D), the budget authority for which is not provided in advance by appropriation Acts. Such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government. “(d) Exceptions.— “(1) Subsections (a) and (b) shall not apply to new spending authority if the budget authority for outlays which will result from such new spending authority is derived— “(A) from a trust fund established by the Social Security 42 USC 1305. Act (as in effect on the date of the enactment of this Act); or “(B) from any other trust fund, 90 percent or more of the receipts of which consist or will consist of amounts (transferred from the general fund of the Treasury) equivalent to amounts of taxes (related to the purposes for which such outlays are or will be made) received in the Treasury under 26 USC 1 et seq. specified provisions of the Internal Revenue Code of 1954. “(2) Subsections (a) and (b) shall not apply to new spending authority which is an amendment to or extension of the State 31 USC 6702. and Local Fiscal Assistance Act of 1972, or a continuation of the program of fiscal assistance to State and local governments provided by that Act, to the extent so provided in the bill or resolution providing such authority. “(3) Subsections (a) and (b) shall not apply to new spending authority to the extent that— “(A) the outlays resulting therefrom are made by an organization which is (i) a mixed-ownership Government corporation (as defined in section 201 of the Government 31 USC 9101. 31 USC 9101. Corporation Control Act), or (ii) a wholly owned Government corporation (as defined in section 101 of such Act) which is specifically exempted by law from compliance with any or all of the provisions of that Act, as of the date of enactment of the Balanced Budget and Emergency Deficit Control Act of 1985; or “(B) the outlays resulting therefrom consist exclusively of the proceeds of gifts or bequests made to the United States for a specific purpose.”.

   Effective date note
   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.

4. 1985

   Balanced Budget and Emergency Deficit Control Act of 1985

   Pub. L. 99–177 title II § 211 · 99 Stat. 1037

   1. Changed · 2 U.S.C. § 651(c)

      Pub. L. 99–177, in amending subsec. (c) generally

   2. Added · 2 U.S.C. § 651(c)

      Pub. L. 99–177, in added pars. (2)(D) and (E)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–177, in amending subsec. (c) generally, added pars. (2)(D) and (E).

   Enacted provision · exact public law section
   SEC. 211. NEW SPENDING AUTHORITY. Section 401 of the Congressional Budget Act of 1974 is amended to read as follows: “Sec. 401. “bills providing new spending authority (a) Controls on Legislation Providing Spending Authority.— It shall not be in order in either the House of Representatives or the Senate to consider any bill, resolution, or conference report, as reported to its House which provides new spending authority described in subsection (c)(2) (A) or (B) (or any amendment which provides such new spending authority), unless that bill, resolution, conference report, or amendment also provides that such new spending authority as described in subsection (c)(2) (A) or (B) is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. “(b) Legislation Providing Entitlement Authority.— “(1) It shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution which provides new spending authority described in subsection (c)(2)(C) (or any amendment which provides such new spending authority) which is to become effective before the first day of the fiscal year which begins during the calendar year in which such bill or resolution is reported. “(2) If any committee of the House of Representatives or the Senate reports any bill or resolution which provides new spending authority described in subsection (c)(2)(C) which is to become effective during a fiscal year and the amount of new budget authority which will be required for such fiscal year if such bill or resolution is enacted as so reported exceeds the appropriate allocation of new budget authority reported under section 302(b) Ante, p. 1044. in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year, such bill or resolution shall then be referred to the Committee on Appropriations of that House with instructions to report it, with the committee’s recommendations, within 15 calendar days (not counting any day on which that House is not in session) beginning with the day following the day on which it is so referred. If the Committee on Appropriations of either House fails to report a bill or resolution referred to it under this paragraph within such 15-day period, the committee shall automatically be discharged from further consideration of such bill or resolution and such bill or resolution shall be placed on the appropriate calendar. “(3) The Committee on Appropriations of each House shall have jurisdiction to report any bill or resolution referred to it under paragraph (2) with an amendment which limits the total amount of new spending authority provided in such bill or resolution. “(c) Definitions.— “(1) For purposes of this section, the term ‘new spending authority’ means spending authority not provided by law on the effective date of this Act, including any increase in or addition to spending authority provided by law on such date. “(2) For purposes of paragraph (1), the term ‘spending authority’ means authority (whether temporary or permanent)— “(A) to enter into contracts under which the United States is obligated to make outlays, the budget authority for which is not provided in advance by appropriation Acts; “(B) to incur indebtedness (other than indebtedness incurred under chapter 31 of title 31 of the United States Code) for the repayment of which the United States is 31 USC 3101 et seq. liable, the budget authority for which is not provided in advance by appropriation Acts; “(C) to make payments (including loans and grants), the budget authority for which is not provided for in advance by appropriation Acts, to any person or government if, under the provisions of the law containing such authority, the United States is obligated to make such payments to persons or governments who meet the requirements established by such law; “(D) to forego the collection by the United States of proprietary offsetting receipts, the budget authority for which is not provided in advance by appropriation Acts to offset such foregone receipts; and “(E) to make payments by the United States (including loans, grants, and payments from revolving funds) other than those covered by subparagraph (A), (B), (C), or (D), the budget authority for which is not provided in advance by appropriation Acts. Such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government. “(d) Exceptions.— “(1) Subsections (a) and (b) shall not apply to new spending authority if the budget authority for outlays which will result from such new spending authority is derived— “(A) from a trust fund established by the Social Security 42 USC 1305. Act (as in effect on the date of the enactment of this Act); or “(B) from any other trust fund, 90 percent or more of the receipts of which consist or will consist of amounts (transferred from the general fund of the Treasury) equivalent to amounts of taxes (related to the purposes for which such outlays are or will be made) received in the Treasury under 26 USC 1 et seq. specified provisions of the Internal Revenue Code of 1954. “(2) Subsections (a) and (b) shall not apply to new spending authority which is an amendment to or extension of the State 31 USC 6702. and Local Fiscal Assistance Act of 1972, or a continuation of the program of fiscal assistance to State and local governments provided by that Act, to the extent so provided in the bill or resolution providing such authority. “(3) Subsections (a) and (b) shall not apply to new spending authority to the extent that— “(A) the outlays resulting therefrom are made by an organization which is (i) a mixed-ownership Government corporation (as defined in section 201 of the Government 31 USC 9101. 31 USC 9101. Corporation Control Act), or (ii) a wholly owned Government corporation (as defined in section 101 of such Act) which is specifically exempted by law from compliance with any or all of the provisions of that Act, as of the date of enactment of the Balanced Budget and Emergency Deficit Control Act of 1985; or “(B) the outlays resulting therefrom consist exclusively of the proceeds of gifts or bequests made to the United States for a specific purpose.”.

   Effective date note
   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.

5. 1985

   Balanced Budget and Emergency Deficit Control Act of 1985

   Pub. L. 99–177 title II § 211 · 99 Stat. 1037

   1. Changed · 2 U.S.C. § 651(d)

      Pub. L. 99–177, in amending subsec. (d) generally, reenacted pars. (1) and (2) without change

   2. Inserted · 2 U.S.C. § 651(d)

      Pub. L. 99–177, in inserted reference to December 12, 1985, in par. (3)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–177, in amending subsec. (d) generally, reenacted pars. (1) and (2) without change, and inserted reference to December 12, 1985, in par. (3).

   Enacted provision · exact public law section
   SEC. 211. NEW SPENDING AUTHORITY. Section 401 of the Congressional Budget Act of 1974 is amended to read as follows: “Sec. 401. “bills providing new spending authority (a) Controls on Legislation Providing Spending Authority.— It shall not be in order in either the House of Representatives or the Senate to consider any bill, resolution, or conference report, as reported to its House which provides new spending authority described in subsection (c)(2) (A) or (B) (or any amendment which provides such new spending authority), unless that bill, resolution, conference report, or amendment also provides that such new spending authority as described in subsection (c)(2) (A) or (B) is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. “(b) Legislation Providing Entitlement Authority.— “(1) It shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution which provides new spending authority described in subsection (c)(2)(C) (or any amendment which provides such new spending authority) which is to become effective before the first day of the fiscal year which begins during the calendar year in which such bill or resolution is reported. “(2) If any committee of the House of Representatives or the Senate reports any bill or resolution which provides new spending authority described in subsection (c)(2)(C) which is to become effective during a fiscal year and the amount of new budget authority which will be required for such fiscal year if such bill or resolution is enacted as so reported exceeds the appropriate allocation of new budget authority reported under section 302(b) Ante, p. 1044. in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year, such bill or resolution shall then be referred to the Committee on Appropriations of that House with instructions to report it, with the committee’s recommendations, within 15 calendar days (not counting any day on which that House is not in session) beginning with the day following the day on which it is so referred. If the Committee on Appropriations of either House fails to report a bill or resolution referred to it under this paragraph within such 15-day period, the committee shall automatically be discharged from further consideration of such bill or resolution and such bill or resolution shall be placed on the appropriate calendar. “(3) The Committee on Appropriations of each House shall have jurisdiction to report any bill or resolution referred to it under paragraph (2) with an amendment which limits the total amount of new spending authority provided in such bill or resolution. “(c) Definitions.— “(1) For purposes of this section, the term ‘new spending authority’ means spending authority not provided by law on the effective date of this Act, including any increase in or addition to spending authority provided by law on such date. “(2) For purposes of paragraph (1), the term ‘spending authority’ means authority (whether temporary or permanent)— “(A) to enter into contracts under which the United States is obligated to make outlays, the budget authority for which is not provided in advance by appropriation Acts; “(B) to incur indebtedness (other than indebtedness incurred under chapter 31 of title 31 of the United States Code) for the repayment of which the United States is 31 USC 3101 et seq. liable, the budget authority for which is not provided in advance by appropriation Acts; “(C) to make payments (including loans and grants), the budget authority for which is not provided for in advance by appropriation Acts, to any person or government if, under the provisions of the law containing such authority, the United States is obligated to make such payments to persons or governments who meet the requirements established by such law; “(D) to forego the collection by the United States of proprietary offsetting receipts, the budget authority for which is not provided in advance by appropriation Acts to offset such foregone receipts; and “(E) to make payments by the United States (including loans, grants, and payments from revolving funds) other than those covered by subparagraph (A), (B), (C), or (D), the budget authority for which is not provided in advance by appropriation Acts. Such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government. “(d) Exceptions.— “(1) Subsections (a) and (b) shall not apply to new spending authority if the budget authority for outlays which will result from such new spending authority is derived— “(A) from a trust fund established by the Social Security 42 USC 1305. Act (as in effect on the date of the enactment of this Act); or “(B) from any other trust fund, 90 percent or more of the receipts of which consist or will consist of amounts (transferred from the general fund of the Treasury) equivalent to amounts of taxes (related to the purposes for which such outlays are or will be made) received in the Treasury under 26 USC 1 et seq. specified provisions of the Internal Revenue Code of 1954. “(2) Subsections (a) and (b) shall not apply to new spending authority which is an amendment to or extension of the State 31 USC 6702. and Local Fiscal Assistance Act of 1972, or a continuation of the program of fiscal assistance to State and local governments provided by that Act, to the extent so provided in the bill or resolution providing such authority. “(3) Subsections (a) and (b) shall not apply to new spending authority to the extent that— “(A) the outlays resulting therefrom are made by an organization which is (i) a mixed-ownership Government corporation (as defined in section 201 of the Government 31 USC 9101. 31 USC 9101. Corporation Control Act), or (ii) a wholly owned Government corporation (as defined in section 101 of such Act) which is specifically exempted by law from compliance with any or all of the provisions of that Act, as of the date of enactment of the Balanced Budget and Emergency Deficit Control Act of 1985; or “(B) the outlays resulting therefrom consist exclusively of the proceeds of gifts or bequests made to the United States for a specific purpose.”.

   Effective date note
   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.

6. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 § 2 · 100 Stat. 2085

   Substituted · 2 U.S.C. § 651(d)(1)(B)

   Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”

   Source evidence

   Code amendment note
   Subsec. (d)(1)(B). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

   Enacted provision · exact public law section
   SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.

7. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 13207(a)(1)(F) · 104 Stat. 1388

   1. Substituted · 2 U.S.C. § 651(a)

      Pub. L. 101–508, § 13207(a)(1)(F), substituted “bill, joint resolution, amendment, motion, or conference report” for “bill, resolution, or conference report”

   2. Struck · 2 U.S.C. § 651(a)

      Pub. L. 101–508, § 13207(a)(1)(F), struck out “(or any amendment which provides such new spending authority)” after “subsection (c)(2)(A) or (B) of this section”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–508, § 13207(a)(1)(F), substituted “bill, joint resolution, amendment, motion, or conference report” for “bill, resolution, or conference report” and struck out “(or any amendment which provides such new spending authority)” after “subsection (c)(2)(A) or (B) of this section”.

   Enacted provision · exact public law section
   (F) in section 401(a), by— 2 USC 651. (i) striking “bill, resolution, or conference report” and inserting “bill, joint resolution, amendment, motion, or conference report”; and (ii) striking “(or any amendment which provides such new spending authority)”;

8. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 13207(a)(1)(G) · 104 Stat. 1388

   1. Substituted · 2 U.S.C. § 651(b)(1)

      Pub. L. 101–508, § 13207(a)(1)(G), substituted “bill, joint resolution, amendment, motion, or conference report, as reported to its House” for “bill or resolution”

   2. Struck · 2 U.S.C. § 651(b)(1)

      Pub. L. 101–508, § 13207(a)(1)(G), struck out “(or any amendment which provides such new spending authority)” after “subsection (c)(2)(C) of this section”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 101–508, § 13207(a)(1)(G), substituted “bill, joint resolution, amendment, motion, or conference report, as reported to its House” for “bill or resolution” and struck out “(or any amendment which provides such new spending authority)” after “subsection (c)(2)(C) of this section”.

   Enacted provision · exact public law section
   (G) in section 401(b)(D, by— (i) striking “bill or resolution” and inserting “bill, joint resolution, amendment, motion, or conference report, as reported to its House”; and (ii) striking “(or any amendment which provides such new spending authority)”; and

9. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 § 10116(a)(1)(A) · 111 Stat. 251

   Substituted · 2 U.S.C. § 651

   Pub. L. 105–33, § 10116(a)(1)(A), substituted “Budget-related legislation not subject to appropriations” for “Bills providing new spending authority” as section catchline

   Source evidence

   Code amendment note
   Pub. L. 105–33, § 10116(a)(1)(A), substituted “Budget-related legislation not subject to appropriations” for “Bills providing new spending authority” as section catchline.

   Enacted provision · exact public law section
   (A) striking the heading and inserting the following: “budget-related legislation not subject to appropriations”; and

10. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 10116(a)(1)(B) · 111 Stat. 251

    1. Added · 2 U.S.C. § 651(a)

       Pub. L. 105–33, § 10116(a)(1)(B), added subsec. (a)

    2. Struck · 2 U.S.C. § 651(a)

       Pub. L. 105–33, § 10116(a)(1)(B), struck out heading and text of former subsec. (a). Text read as follows: “It shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, as reported to its House which provides new spending authority described in subsection (c)(2)(A) or (B) of this section, unless that bill, resolution, conference report, or amendment also provides that such new spending authority as described in subsection (c)(2)(A) or (B) of this section is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–33, § 10116(a)(1)(B), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “It shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, as reported to its House which provides new spending authority described in subsection (c)(2)(A) or (B) of this section, unless that bill, resolution, conference report, or amendment also provides that such new spending authority as described in subsection (c)(2)(A) or (B) of this section is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.”

    Enacted provision · exact public law section
    (B) striking subsection (a) and inserting the following: “(a) Controls on Certain Budget-Related Legislation Not Subject to Appropriations.— It shall not be in order in either the House of Representatives or the Senate to consider any bill or joint resolution (in the House of Representatives only, as reported), amendment, motion, or conference report that provides— “(1) new authority to enter into contracts under which the United States is obligated to make outlays; “(2) new authority to incur indebtedness (other than indebtedness incurred under chapter 31 of title 31 of the United States Code) for the repayment of which the United States is liable; or “(3) new credit authority; unless that bill, joint resolution, amendment, motion, or conference report also provides that the new authority is to be effective for any fiscal year only to the extent or in the amounts provided in advance in appropriation Acts.”.

11. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 10116(a)(2)(A) · 111 Stat. 251

    Inserted · 2 U.S.C. § 651(b)

    Pub. L. 105–33, § 10116(a)(2)(A), inserted “new” before “entitlement” in heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–33, § 10116(a)(2)(A), inserted “new” before “entitlement” in heading.

    Enacted provision · exact public law section
    (A) by inserting “new” before “entitlement” in the heading;

12. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 10116(a)(2)(B) · 111 Stat. 251

    1. Added · 2 U.S.C. § 651(b)(1)

       Pub. L. 105–33, § 10116(a)(2)(B), added par. (1)

    2. Struck · 2 U.S.C. § 651(b)(1)

       Pub. L. 105–33, § 10116(a)(2)(B), struck out former par. (1) which read as follows: “It shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, as reported to its House, which provides new spending authority described in subsection (c)(2)(C) of this section which is to become effective before the first day of the fiscal year which begins during the calendar year in which such bill or resolution is reported.”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 105–33, § 10116(a)(2)(B), added par. (1) and struck out former par. (1) which read as follows: “It shall not be in order in either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report, as reported to its House, which provides new spending authority described in subsection (c)(2)(C) of this section which is to become effective before the first day of the fiscal year which begins during the calendar year in which such bill or resolution is reported.”

    Enacted provision · exact public law section
    (B) by striking paragraph (1) and inserting the following: “(1) Point of order.— It shall not be in order in either the House of Representatives or the Senate to consider any bill or joint resolution (in the House of Representatives only, as reported), amendment, motion, or conference report that provides new entitlement authority that is to become effective during the current fiscal year.”; and

13. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 10116(a)(2)(C) · 111 Stat. 251

    1. Substituted · 2 U.S.C. § 651(b)(2)

       Pub. L. 105–33, § 10116(a)(2)(C), substituted “new entitlement authority” for “new spending authority described in subsection (c)(2)(C) of this section”

    2. Substituted · 2 U.S.C. § 651(b)(2)

       Pub. L. 105–33, § 10116(a)(2)(C), substituted “of the Senate or may then be referred to the Committee on Appropriations of the House, as the case may be,” for “of that House”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 105–33, § 10116(a)(2)(C), substituted “new entitlement authority” for “new spending authority described in subsection (c)(2)(C) of this section” and “of the Senate or may then be referred to the Committee on Appropriations of the House, as the case may be,” for “of that House”.

    Enacted provision · exact public law section
    (C) in paragraph (2)— (i) by striking “new spending authority described in subsection (c)(2)(C)” and inserting “new entitlement authority”; and (ii) by striking “of that House” and inserting “of the Senate or may then be referred to the Committee on Appropriations of the House, as the case may be,”.

14. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 10116(a)(5) · 111 Stat. 251

    Redesignated · 2 U.S.C. § 651(c)

    Pub. L. 105–33, § 10116(a)(5), redesignated subsec. (d) as (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–33, § 10116(a)(5), redesignated subsec. (d) as (c).

    Enacted provision · exact public law section
    (5) Redesignation.— Subsection (d) of section 401 of the Congressional Budget Act of 1974 is redesignated as subsection (c).

15. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 10116(a)(3) · 111 Stat. 251

    Struck · 2 U.S.C. § 651(c)

    Pub. L. 105–33, § 10116(a)(3), struck out subsec. (c) which defined terms “new spending authority” and “spending authority”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–33, § 10116(a)(3), struck out subsec. (c) which defined terms “new spending authority” and “spending authority”.

    Enacted provision · exact public law section
    (3) Definitions.— Section 401 of the Congressional Budget Act of 1974 is amended by striking subsection (c).

16. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 10116(a)(5) · 111 Stat. 251

    Redesignated · 2 U.S.C. § 651(d)

    Pub. L. 105–33, § 10116(a)(5), redesignated subsec. (d) as (c)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–33, § 10116(a)(5), redesignated subsec. (d) as (c).

    Enacted provision · exact public law section
    (5) Redesignation.— Subsection (d) of section 401 of the Congressional Budget Act of 1974 is redesignated as subsection (c).

17. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 10116(a)(4)(A) · 111 Stat. 251

    Substituted · 2 U.S.C. § 651(d)(1)

    Pub. L. 105–33, § 10116(a)(4)(A), which directed substitution of “new authority described in those subsections if outlays from that new authority will flow” for “new spending authority if the budget authority for outlays which result from such new spending authority is derived”, was executed by making the substitution for “new spending authority if the budget authority for outlays which will result from such new spending authority is derived” in introductory provisions to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 105–33, § 10116(a)(4)(A), which directed substitution of “new authority described in those subsections if outlays from that new authority will flow” for “new spending authority if the budget authority for outlays which result from such new spending authority is derived”, was executed by making the substitution for “new spending authority if the budget authority for outlays which will result from such new spending authority is derived” in introductory provisions to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “new spending authority if the budget authority for outlays which result from such new spending authority is derived” and inserting “new authority described in those subsections if outlays from that new authority will flow”;

18. 1997

    Balanced Budget Act of 1997

    Pub. L. 105–33 § 10116(a)(4)(B) · 111 Stat. 251

    1. Redesignated · 2 U.S.C. § 651(d)(2); 2 U.S.C. § 651(d)(3)

       Pub. L. 105–33, § 10116(a)(4)(B), (C), redesignated par. (3) as (2)

    2. Substituted · 2 U.S.C. § 651(d)(2); 2 U.S.C. § 651(d)(3)

       Pub. L. 105–33, § 10116(a)(4)(B), (C), substituted “new authority described in those subsections” for “new spending authority” in introductory provisions

    3. Struck · 2 U.S.C. § 651(d)(2); 2 U.S.C. § 651(d)(3)

       Pub. L. 105–33, § 10116(a)(4)(B), (C), struck out former par. (2) which read as follows: “Subsections (a) and (b) of this section shall not apply to new spending authority which is an amendment to or extension of chapter 67 of title 31, or a continuation of the program of fiscal assistance to State and local governments provided by that chapter, to the extent so provided in the bill or resolution providing such authority.”

    Source evidence

    Code amendment note
    Subsec. (d)(2), (3). Pub. L. 105–33, § 10116(a)(4)(B), (C), redesignated par. (3) as (2), substituted “new authority described in those subsections” for “new spending authority” in introductory provisions, and struck out former par. (2) which read as follows: “Subsections (a) and (b) of this section shall not apply to new spending authority which is an amendment to or extension of chapter 67 of title 31, or a continuation of the program of fiscal assistance to State and local governments provided by that chapter, to the extent so provided in the bill or resolution providing such authority.”

    Enacted provision · exact public law section
    (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and

19. 2013

    Bipartisan Budget Act of 2013

    Pub. L. 113–67 § 122(12) · 127 Stat. 1165

    Substituted · 2 U.S.C. § 651(b)(2)

    Pub. L. 113–67, § 122(12), substituted “section 633(a)” for “section 633(b)”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 113–67, § 122(12), substituted “section 633(a)” for “section 633(b)”.

    Enacted provision · exact public law section
    (12) In section 401(b)(2) 2 USC 651. , strike “section 302(b)” and insert “section 302(a)”.

20. 2013

    Bipartisan Budget Act of 2013

    Pub. L. 113–67 § 122(13) · 127 Stat. 1165

    Added · 2 U.S.C. § 651(c)(3)

    Pub. L. 113–67, § 122(13), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 113–67, § 122(13), added par. (3).

    Enacted provision · exact public law section
    (13) In section 401(c), add at the end the following new paragraph: “(3) In the House of Representatives, subsections (a) and (b) shall not apply to new authority described in those subsections to the extent that a provision in a bill or joint resolution, or an amendment thereto or a conference report thereon, establishes prospectively for a Federal office or position a specified or minimum level of compensation to be funded by annual discretionary appropriations.” .

30 of 30 references resolved to an enrolled provision