§ 653. Analysis by Congressional Budget Office

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 § 402 · 88 Stat. 297

   Enacted · 2 U.S.C. § 653

   Pub. L. 93–344, title IV, § 402, formerly § 403, July 12, 1974, 88 Stat. 320

   Source evidence

   Code source credit
   Pub. L. 93–344, title IV, § 402, formerly § 403, July 12, 1974, 88 Stat. 320

   Enacted provision · exact public law section
   Sec. 402. (a) Required Reporting Date.— Except as otherwise provided 31 USC 1352. in this section, it shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution which, directly or indirectly, authorizes the enactment of new budget authority for a fiscal year, unless that bill or resolution is reported in the House or the Senate, as the case may be, on or before May 15 preceding the beginning of such fiscal year. (b) Emergency Waiver in the House.— If the Committee on Rules of the House of Representatives determines that emergency conditions require a waiver of subsection (a) with respect to any bill or resolution, such committee may report, and the House may consider and adopt, a resolution waiving the application of subsection (a) in the case of such bill or resolution. (c) Waiver in the Senate.— (1) The committee of the Senate which reports any bill or resolution may, at or after the time it reports such bill or resolution, report a resolution to the Senate (A) providing for the waiver of subsection (a) with respect to such bill or resolution, and (B) stating the reasons why the waiver is necessary. The Referral to Budget Committee. resolution shall then be referred to the Committee on the Budget of the Senate. That committee shall report the resolution to the Senate, within 10 days after the resolution is referred to it (not Report to Senate. counting any day on which the Senate is not in session) beginning with the day following the day on which it is so referred accompanied by that committee’s recommendations and reasons for such recommendations with respect to the resolution. If the committee Discharge from consideration. does not report the resolution within such 10-day period, it shall automatically be discharged from further consideration of the resolution and the resolution shall be placed on the calendar. (2) During the consideration of any such resolution, debate shall be limited to one hour, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees, and the time on any debatable motion or appeal shall be limited to 20 minutes, to be equally divided between, Placement on calendar. Debate, time limitation. and controlled by, the mover and the manager of the resolution. In the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of such resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. No amendment to the resolution is in order. (3) If, after the Committee on the Budget has reported (or been discharged from further consideration of) the resolution, the Senate agrees to the resolution, then subsection (a) of this section shall not apply with respect to that bill or resolution referred to in the resolution. (d) Certain Bills and Resolutions Received From Other House.— Notwithstanding the provisions of subsection (a), if under that subsection it is in order in the House of Representatives to consider a bill or resolution of the House, then it shall be in order to consider a companion or similar bill or resolution of the Senate; and if under that subsection it is in order in the ’Senate to consider a bill or resolution of the Senate, then it shall be in order to consider a companion or similar bill of the House of Representatives. (e) Exceptions.— (1) Subsection (a) shall not apply with respect to new spending authority described in section 401(c) (2)(C). (2) Subsection (a) shall not apply with respect to new budget authority authorized in a bill or resolution for any provision of the Social Security Act if such bill or resolution also provides new spending authority described in section 401(c)(2)(C) which, under section 401(d) (1) (A) , is excluded from the application of section 401(b). (f) Study of Existing Spending Authority and Permanent Appropriations.— The Committees on Appropriations of the House of Representatives and the Senate shall study on a continuing basis those provisions of law, in effect on the effective date of this section, which provide spending authority or permanent budget authority. Each Report to Congress. committee shall, from time to time, report to its House its recommendations for terminating or modifying such provisions.

2. 1981

   State and Local Government Cost Estimate Act of 1981

   Pub. L. 97–108 § 2(a)(1) · 95 Stat. 1510

   1. Amended · 2 U.S.C. § 653(a)

      Pub. L. 97–108, § 2(a)(1)–(6), designated existing provisions as subsec. (a)

   2. Added · 2 U.S.C. § 653(a)

      Pub. L. 97–108, § 2(a)(1)–(6), added par. (2)

   3. Redesignated · 2 U.S.C. § 653(a)

      Pub. L. 97–108, § 2(a)(1)–(6), redesignated former par. (2) as (3), in par. (3) as so redesignated

   4. Substituted · 2 U.S.C. § 653(a)

      Pub. L. 97–108, § 2(a)(1)–(6), substituted “estimates” for “estimate” in two places

   5. Substituted · 2 U.S.C. § 653(a)

      Pub. L. 97–108, § 2(a)(1)–(6), substituted reference to pars. (1) and (2) for reference to par. (1), and in provision following par. (3) substituted “estimates” for “estimate”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–108, § 2(a)(1)–(6), designated existing provisions as subsec. (a), added par. (2), redesignated former par. (2) as (3), in par. (3) as so redesignated, substituted “estimates” for “estimate” in two places, and substituted reference to pars. (1) and (2) for reference to par. (1), and in provision following par. (3) substituted “estimates” for “estimate”.

   Enacted provision · exact public law section
   (1) by inserting “(a)” before “The”;

3. 1981

   State and Local Government Cost Estimate Act of 1981

   Pub. L. 97–108 § 2(a)(7) · 95 Stat. 1510

   Added · 2 U.S.C. § 653(b); 2 U.S.C. § 653(c)

   Pub. L. 97–108, § 2(a)(7), added subsecs. (b) and (c)

   Source evidence

   Code amendment note
   Subsecs. (b) and (c). Pub. L. 97–108, § 2(a)(7), added subsecs. (b) and (c).

   Enacted provision · exact public law section
   (7) by inserting at the end thereof the following new subsections: “(b) For purposes of subsection (a)(2), the term ‘local government’ has the same meaning as in section 103 of the Intergovernmental Cooperation Act of 1968. “(c) For purposes of subsection (a)(2), the term ‘significant bill or resolution’ is defined as any bill or resolution which in the judgment of the Director of the Congressional Budget Office is likely to result in an annual cost to State and local governments of $200,000,000 or more, or is likely to have exceptional fiscal consequences for a geographic region or a particular level of government.”.

4. 1985

   Balanced Budget and Emergency Deficit Control Act of 1985

   Pub. L. 99–177 title II § 213 · 99 Stat. 1037

   1. Added · 2 U.S.C. § 653(a)

      Pub. L. 99–177 added par. (4)

   2. Substituted · 2 U.S.C. § 653(a)

      Pub. L. 99–177 substituted “estimates, comparison, and description” for “estimates and comparison” in last sentence

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–177 added par. (4) and substituted “estimates, comparison, and description” for “estimates and comparison” in last sentence.

   Enacted provision · exact public law section
   SEC. 213. DESCRIPTION BY CONGRESSIONAL BUDGET OFFICE. (a) Congressional Budget Office Analysis.— Section 403(a) of 2 USC 653. the Congressional Budget Act of 1974 is amended by striking out “and” at the end of paragraph (2), by striking out the period and inserting and” at the end of paragraph (3), and by inserting at the end thereof the following new paragraph: “(4) a description of each method for establishing a Federal financial commitment contained in such bill or resolution.”. (b) Conforming Amendment.— The second sentence of section 403(a) of such Act is amended by striking out “estimates and comparison” and inserting in lieu thereof “estimates, comparison, and description”.

5. 1995

   Unfunded Mandates Reform Act of 1995

   Pub. L. 104–4 § 104(2) · 109 Stat. 48

   Struck · 2 U.S.C. § 653(a)

   Pub. L. 104–4, § 104(2), struck out subsection designation

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–4, § 104(2), struck out subsection designation.

   Enacted provision · exact public law section
   (2) by striking out “(a)”; and

   Effective date note
   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.

6. 1995

   Unfunded Mandates Reform Act of 1995

   Pub. L. 104–4 § 104(1)(A) · 109 Stat. 48

   1. Redesignated · 2 U.S.C. § 653(a)(2)

      Pub. L. 104–4, § 104(1)(A), (C), redesignated par. (3) as (2)

   2. Struck · 2 U.S.C. § 653(a)(2)

      Pub. L. 104–4, § 104(1)(A), (C), struck out former par. (2), which read as follows: “an estimate of the cost which would be incurred by State and local governments in carrying out or complying with any significant bill or resolution in the fiscal year in which it is to become effective and in each of the four fiscal years following such fiscal year, together with the basis for each such estimate;”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–4, § 104(1)(A), (C), redesignated par. (3) as (2) and struck out former par. (2), which read as follows: “an estimate of the cost which would be incurred by State and local governments in carrying out or complying with any significant bill or resolution in the fiscal year in which it is to become effective and in each of the four fiscal years following such fiscal year, together with the basis for each such estimate;”.

   Enacted provision · exact public law section
   (A) by striking out paragraph (2);

   Effective date note
   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.

7. 1995

   Unfunded Mandates Reform Act of 1995

   Pub. L. 104–4 § 104(1)(C) · 109 Stat. 48

   Redesignated · 2 U.S.C. § 653(a)(3)

   Pub. L. 104–4, § 104(1)(C), redesignated par. (4) as (3). Former par. (3) redesignated (2)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 104–4, § 104(1)(C), redesignated par. (4) as (3). Former par. (3) redesignated (2).

   Enacted provision · exact public law section
   (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;

   Effective date note
   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.

8. 1995

   Unfunded Mandates Reform Act of 1995

   Pub. L. 104–4 § 104(1)(B) · 109 Stat. 48

   Substituted · 2 U.S.C. § 653(a)(3)

   Pub. L. 104–4, § 104(1)(B), which directed the substitution of “paragraph (1)” for “paragraphs (1) and (2)”, was executed by making the substitution for “paragraph (1) and (2)” to reflect the probable intent of Congress

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–4, § 104(1)(B), which directed the substitution of “paragraph (1)” for “paragraphs (1) and (2)”, was executed by making the substitution for “paragraph (1) and (2)” to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (B) in paragraph (3) by striking out “paragraphs (1) and (2)” and inserting in lieu thereof “paragraph (1)”; and

   Effective date note
   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.

9. 1995

   Unfunded Mandates Reform Act of 1995

   Pub. L. 104–4 § 104(1)(C) · 109 Stat. 48

   Redesignated · 2 U.S.C. § 653(a)(4)

   Pub. L. 104–4, § 104(1)(C), redesignated par. (4) as (3)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 104–4, § 104(1)(C), redesignated par. (4) as (3).

   Enacted provision · exact public law section
   (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively;

   Effective date note
   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.

10. 1995

    Unfunded Mandates Reform Act of 1995

    Pub. L. 104–4 § 104(3) · 109 Stat. 48

    Struck · 2 U.S.C. § 653(b); 2 U.S.C. § 653(c)

    Pub. L. 104–4, § 104(3), struck out subsecs. (b) and (c) which read as follows:

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 104–4, § 104(3), struck out subsecs. (b) and (c) which read as follows:

    “(b) For purposes of subsection (a)(2) of this section, the term ‘local government’ has the same meaning as in section 6501 of title 31. “(c) For purposes of subsection (a)(2) of this section, the term ‘significant bill or resolution’ is defined as any bill or resolution which in the judgment of the Director of the Congressional Budget Office is likely to result in an annual cost to State and local governments of $200,000,000 or more, or is likely to have exceptional fiscal consequences for a geographic region or a particular level of government.”

    Enacted provision · exact public law section
    (3) by striking out subsections (b) and (c).

    Effective date note
    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.

16 of 16 references resolved to an enrolled provision