                          TITLE 2--THE CONGRESS
 
         CHAPTER 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
 
                    SUBCHAPTER II--FISCAL PROCEDURES
 
                       Part A--General Provisions
 
Sec. 651. Budget-related legislation not subject to 
        appropriations
        

(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) 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.

(b) Legislation providing new entitlement authority

    (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.
    (2) If any committee of the House of Representatives or the Senate 
reports any bill or resolution which provides new entitlement authority 
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 633(b) of this 
title 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 the Senate 
or may then be referred to the Committee on Appropriations of the House, 
as the case may be, 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) Exceptions

    (1) Subsections (a) and (b) of this section shall not apply to new 
authority described in those subsections if outlays from that new 
authority will flow--
        (A) from a trust fund established by the Social Security Act (as 
    in effect on July 12, 1974) [42 U.S.C. 301 et seq.]; 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 1986 [26 U.S.C. 1 et seq.].

    (2) Subsections (a) and (b) of this section shall not apply to new 
authority described in those subsections 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 9101(2) of title 31), or (ii) a wholly owned Government 
    corporation (as defined in section 9101(3) of title 31) which is 
    specifically exempted by law from compliance with any or all of the 
    provisions of chapter 91 of title 31, as of December 12, 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.

(Pub. L. 93-344, title IV, Sec. 401, July 12, 1974, 88 Stat. 317; Pub. 
L. 99-177, title II, Sec. 211, Dec. 12, 1985, 99 Stat. 1056; Pub. L. 99-
514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 101-508, title XIII, 
Sec. 13207(a)(1)(F), (G), Nov. 5, 1990, 104 Stat. 1388-617, 1388-618; 
Pub. L. 105-33, title X, Sec. 10116(a)(1)-(5), Aug. 5, 1997, 111 Stat. 
690, 691.)

                       References in Text

    The Social Security Act, referred to in subsec. (c)(1)(A), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified 
generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health 
and Welfare. For complete classification of this Act to the Code, see 
section 1305 of Title 42 and Tables.
    The Internal Revenue Code of 1986, referred to in subsec. (c)(1)(B), 
is classified generally to Title 26, Internal Revenue Code.

                          Codification

    In subsec. (c)(2)(A), ``section 9101(2) of title 31'', ``section 
9101(3) of title 31'', and ``chapter 91 of title 31'' were substituted 
for ``section 201 of the Government Corporation Control Act [31 U.S.C. 
856]'', ``section 101 of such Act [31 U.S.C. 846]'', and ``that Act'', 
respectively, on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 
96 Stat. 1067, the first section of which enacted Title 31, Money and 
Finance.
    Section was formerly classified to section 1351 of Title 31 prior to 
the general revision and enactment of Title 31, Money and Finance, by 
Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.


                               Amendments

    1997--Pub. L. 105-33, Sec. 10116(a)(1)(A), substituted ``Budget-
related legislation not subject to appropriations'' for ``Bills 
providing new spending authority'' as section catchline.
    Subsec. (a). Pub. L. 105-33, Sec. 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.''
    Subsec. (b). Pub. L. 105-33, Sec. 10116(a)(2)(A), inserted ``new'' 
before ``entitlement'' in heading.
    Subsec. (b)(1). Pub. L. 105-33, Sec. 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.''
    Subsec. (b)(2). Pub. L. 105-33, Sec. 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''.
    Subsec. (c). Pub. L. 105-33, Sec. 10116(a)(5), redesignated subsec. 
(d) as (c).
    Pub. L. 105-33, Sec. 10116(a)(3), struck out subsec. (c) which 
defined terms ``new spending authority'' and ``spending authority''.
    Subsec. (d). Pub. L. 105-33, Sec. 10116(a)(5), redesignated subsec. 
(d) as (c).
    Subsec. (d)(1). Pub. L. 105-33, Sec. 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.
    Subsec. (d)(2), (3). Pub. L. 105-33, Sec. 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.''
    1990--Subsec. (a). Pub. L. 101-508, Sec. 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''.
    Subsec. (b)(1). Pub. L. 101-508, Sec. 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''.
    1986--Subsec. (d)(1)(B). Pub. L. 99-514 substituted ``Internal 
Revenue Code of 1986'' for ``Internal Revenue Code of 1954''.
    1985--Subsec. (a). Pub. L. 99-177 amended subsec. (a) generally, 
inserting provisions relating to applicability to conference reports.
    Subsec. (b). Pub. L. 99-177, in amending section generally, 
reenacted subsec. (b) without change.
    Subsec. (c). Pub. L. 99-177, in amending subsec. (c) generally, 
added pars. (2)(D) and (E).
    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).


                    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, set out as an Effective and Termination 
Dates note under section 900 of this title.


                             Effective Date

    Section 905(c) of Pub. L. 93-344 (formerly set out as a note under 
section 621 of this title) provided that except as provided in section 
906 of Pub. L. 93-344 (formerly set out as a note under section 632 of 
this title) this section shall take effect on the first day of the 
second regular session of the Ninety-fourth Congress.

                  Section Referred to in Other Sections

    This section is referred to in section 907c of this title; title 7 
section 6617; title 15 section 4110; title 16 section 543h; title 25 
sections 1300h-8, 1771d; title 33 section 2326a; title 42 sections 
1962d-19, 10309, 11713; title 43 section 390g-7; title 50 App. section 
1989b-9.
