2 U.S.C. § 907d — Special reconciliation process

Page 281 TITLE 2—THE CONGRESS § 907d ment, any amendment to an amendment, or any debatable motion or appeal is debatable for not to exceed 30 minutes to be equally divided be- tween, and controlled by, the mover and the ma- jority leader (or their designees), except that in the event that the majority leader favors the amendment, motion, or appeal, the minority leader (or the minority leader’s designee) shall control the time in opposition to the amend- ment, motion, or appeal. (2) In the Senate, an amendment that is other- wise in order shall be in order notwithstanding the fact that it amends the joint resolution in more than one place or amends language pre- viously amended, so long as the amendment makes or maintains mathematical consistency. It shall not be in order in the Senate to vote on the question of agreeing to such a joint resolu- tion or any amendment thereto unless the fig- ures then contained in such joint resolution or amendment are mathematically consistent. (3) It shall not be in order in the Senate to consider any amendment to any joint resolution introduced under subsection (d) or any con- ference report thereon if such amendment or conference report would have the effect of de- creasing any specific budget outlay reductions below the level of such outlay reductions pro- vided in such joint resolution unless such amendment or conference report makes a reduc- tion in other specific budget outlays at least equivalent to any increase in outlays provided by such amendment or conference report. (4) For purposes of the application of para- graph (3), the level of outlays and specific budg- et outlay reductions provided in an amendment shall be determined on the basis of estimates made by the Committee on the Budget of the Senate. (i) Vote on final passage of joint resolution Immediately following the conclusion of the debate on a joint resolution introduced under subsection (d), a single quorum call at the con- clusion of the debate if requested in accordance with the rules of the Senate, and the disposition of any pending amendments under subsection (h), the vote on final passage of the joint resolu- tion shall occur. (j) Appeal from decision of Chair Appeals from the decisions of the Chair relat- ing to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (d) shall be decided with- out debate. (k) Conference reports In the Senate, points of order under titles III and IV of the Congressional Budget Act of 1974 [2 U.S.C. 631 et seq., 651 et seq.] (including points of order under sections 302(c), 303(a), 306, and 401(b)(1) [2 U.S.C. 633(c), 634(a), 637, 651(b)(1)]) are applicable to a conference report on the joint resolution or any amendments in disagreement thereto. (l) Resolution from other House If, before the passage by the Senate of a joint resolution of the Senate introduced under sub- section (d), the Senate receives from the House of Representatives a joint resolution introduced under subsection (d), then the following proce- dures shall apply: (1) The joint resolution of the House of Rep- resentatives shall not be referred to a com- mittee. (2) With respect to a joint resolution intro- duced under subsection (d) in the Senate— (A) the procedure in the Senate shall be the same as if no joint resolution had been received from the House; but (B)(i) the vote on final passage shall be on the joint resolution of the House if it is iden- tical to the joint resolution then pending for passage in the Senate; or (ii) if the joint resolution from the House is not identical to the joint resolution then pending for passage in the Senate and the Senate then passes the Senate joint resolu- tion, the Senate shall be considered to have passed the House joint resolution as amend- ed by the text of the Senate joint resolution. (3) Upon disposition of the joint resolution received from the House, it shall no longer be in order to consider the joint resolution origi- nated in the Senate. (m) Senate action on House resolution If the Senate receives from the House of Rep- resentatives a joint resolution introduced under subsection (d) after the Senate has disposed of a Senate originated joint resolution which is iden- tical to the House passed joint resolution, the action of the Senate with regard to the disposi- tion of the Senate originated joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolu- tion. If it is not identical to the House passed joint resolution, then the Senate shall be con- sidered to have passed the joint resolution of the House as amended by the text of the Senate joint resolution. (Pub. L. 99–177, title II, § 258B, as added Pub. L. 101–508, title XIII, § 13101(g), Nov. 5, 1990, 104 Stat. 1388–597.) Editorial Notes REFERENCES IN TEXT Section 258B, referred to in subsec. (e)(1), (2), means section 258B of Pub. L. 99–177, which is classified to this section. The Congressional Budget Act of 1974, referred to in subsec. (k), is titles I to IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297. Titles III and IV of the Act are classi- fied generally to subchapters I (§ 631 et seq.) and II (§ 651 et seq.) of chapter 17A of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 621 of this title and Tables. § 907d. Special reconciliation process (a) Reporting of resolutions and reconciliation bills and resolutions, in Senate (1) Committee alternatives to Presidential order After the submission of an OMB sequestra- tion update report under section 904 of this title that envisions a sequestration under sec- tion 902 or 903 of this title, each standing com- mittee of the Senate may, not later than Octo- ber 10, submit to the Committee on the Budget of the Senate information of the type de- Page 282 TITLE 2—THE CONGRESS § 908 scribed in section 632(d) of this title with re- spect to alternatives to the order envisioned by such report insofar as such order affects laws within the jurisdiction of the committee. (2) Initial Budget Committee action After the submission of such a report, the Committee on the Budget of the Senate may, not later than October 15, report to the Senate a resolution. The resolution may affirm the impact of the order envisioned by such report, in whole or in part. To the extent that any part is not affirmed, the resolution shall state which parts are not affirmed and shall contain instructions to committees of the Senate of the type referred to in section 641(a) of this title, sufficient to achieve at least the total level of deficit reduction contained in those sections which are not affirmed. (3) Response of committees Committees instructed pursuant to para- graph (2), or affected thereby, shall submit their responses to the Budget Committee no later than 10 days after the resolution referred to in paragraph (2) is agreed to, except that if only one such Committee is so instructed such Committee shall, by the same date, report to the Senate a reconciliation bill or reconcili- ation resolution containing its recommenda- tions in response to such instructions. A com- mittee shall be considered to have complied with all instructions to it pursuant to a reso- lution adopted under paragraph (2) if it has made recommendations with respect to mat- ters within its jurisdiction which would result in a reduction in the deficit at least equal to the total reduction directed by such instruc- tions. (4) Budget Committee action Upon receipt of the recommendations re- ceived in response to a resolution referred to in paragraph (2), the Budget Committee shall report to the Senate a reconciliation bill or reconciliation resolution, or both, carrying out all such recommendations without any substantive revisions. In the event that a com- mittee instructed in a resolution referred to in paragraph (2) fails to submit any recommenda- tion (or, when only one committee is in- structed, fails to report a reconciliation bill or resolution) in response to such instructions, the Budget Committee shall include in the reconciliation bill or reconciliation resolution reported pursuant to this subparagraph legis- lative language within the jurisdiction of the noncomplying committee to achieve the amount of deficit reduction directed in such instructions. (5) Point of order It shall not be in order in the Senate to con- sider any reconciliation bill or reconciliation resolution reported under paragraph (4) with respect to a fiscal year, any amendment there- to, or any conference report thereon if— (A) the enactment of such bill or resolu- tion as reported; (B) the adoption and enactment of such amendment; or (C) the enactment of such bill or resolu- tion in the form recommended in such con- ference report, would cause the amount of the deficit for such fiscal year to exceed the maximum deficit amount for such fiscal year, unless the low- growth report submitted under section 904 of this title projects negative real economic growth for such fiscal year, or for each of any two consecutive quarters during such fiscal year. (6) Treatment of certain amendments In the Senate, an amendment which adds to a resolution reported under paragraph (2) an instruction of the type referred to in such paragraph shall be in order during the consid- eration of such resolution if such amendment would be in order but for the fact that it would be held to be non-germane on the basis that the instruction constitutes new matter. (7) ‘‘Day’’ defined For purposes of paragraphs (1), (2), and (3), the term ‘‘day’’ shall mean any calendar day on which the Senate is in session. (b) Procedures (1) In general Except as provided in paragraph (2), in the Senate the provisions of sections 636 and 641 of this title for the consideration of concurrent resolutions on the budget and conference re- ports thereon shall also apply to the consider- ation of resolutions, and reconciliation bills and reconciliation resolutions reported under this paragraph and conference reports thereon. (2) Limit on debate Debate in the Senate on any resolution re- ported pursuant to subsection (a)(2), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to 10 hours. (3) Limitation on amendments Section 641(d)(2) of this title shall apply to reconciliation bills and reconciliation resolu- tions reported under this subsection. (4) Bills and resolutions received from the House Any bill or resolution received in the Senate from the House, which is a companion to a reconciliation bill or reconciliation resolution of the Senate for the purposes of this sub- section, shall be considered in the Senate pur- suant to the provisions of this subsection. (5) ‘‘Resolution’’ defined For purposes of this subsection, the term ‘‘resolution’’ means a simple, joint, or concur- rent resolution. (Pub. L. 99–177, title II, § 258C, as added Pub. L. 101–508, title XIII, § 13101(g), Nov. 5, 1990, 104 Stat. 1388–600.) § 908. Repealed. Pub. L. 105–33, title X, § 10210, Aug. 5, 1997, 111 Stat. 711 Section, Pub. L. 99–177, title II, § 258, as added Pub. L. 100–119, title I, § 105(a), Sept. 29, 1987, 101 Stat. 778, re- lated to modification of Presidential order. § 909. Repealed. Pub. L. 101–508, title XIII, § 13212, Nov. 5, 1990, 104 Stat. 1388–621 Section, Pub. L. 100–119, title II, § 202, Sept. 29, 1987, 101 Stat. 784, prohibited counting as savings transfer of Government actions from one year to another.