2 U.S.C. § 641 — Reconciliation

Page 192 TITLE 2—THE CONGRESS § 640 in section 651(c)(2) of this title, or new credit author- ity,’’ after ‘‘continuing appropriations)’’. Subsec. (a)(1)(B). Pub. L. 105–33, § 10110(1)(C), sub- stituted ‘‘revenues, or tax expenditures’’ for ‘‘spending authority, revenues, tax expenditures, direct loan obli- gations, or primary loan guarantee commitments’’. Pub. L. 105–33, § 10110(1)(B), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: ‘‘including an identification of any new spend- ing authority described in section 651(c)(2) of this title which is contained in such measure and a justification for the use of such financing method instead of annual appropriations;’’. Subsec. (a)(1)(C), (D). Pub. L. 105–33, § 10110(1)(B), re- designated subpars. (C) and (D) as (B) and (C), respec- tively. Subsec. (a)(2). Pub. L. 105–33, § 10110(4), substituted ‘‘bill or joint resolution’’ for ‘‘bill or resolution’’. Pub. L. 105–33, § 10110(1)(D), struck out ‘‘, new spend- ing authority described in section 651(c)(2) of this title, or new credit authority,’’ after ‘‘continuing appropria- tions)’’. Subsec. (b)(1). Pub. L. 105–33, § 10110(4), substituted ‘‘bills and joint resolutions’’ for ‘‘bills and resolutions’’ in two places. Pub. L. 105–33, § 10110(2), struck out ‘‘, new spending authority described in section 651(c)(2) of this title, or new credit authority,’’ after ‘‘new budget authority’’. Subsec. (c)(3) to (5). Pub. L. 105–33, § 10110(3), inserted ‘‘and’’ at end of par. (3), substituted a period for ‘‘; and’’ at end of par. (4), and struck out par. (5) which read as follows: ‘‘credit authority for each fiscal year in such period.’’ 1990—Subsec. (a)(1). Pub. L. 101–508, § 13206(a)(1), in- serted ‘‘(or fiscal years)’’ after ‘‘fiscal year’’ in intro- ductory provisions and in subpars. (A) and (C). Subsec. (a)(2). Pub. L. 101–508, § 13206(b), inserted ‘‘(or fiscal years)’’ after ‘‘fiscal year’’. Subsec. (b)(1). Pub. L. 101–508, § 13206(c), substituted ‘‘for each fiscal year covered by a concurrent resolution on the budget’’ for ‘‘for a fiscal year’’ in first sentence, and ‘‘the first fiscal year covered by the appropriate concurrent resolution’’ for ‘‘such fiscal year’’ in second sentence. 1985—Subsec. (a). Pub. L. 99–177, in amending subsec. (a) generally, designated existing provisions as par. (1), substituted provisions relating to reports on legislation providing new budget authority, new spending author- ity, or new credit authority, or providing an increase or decrease in revenues or tax expenditures, for provisions relating to reports on legislation providing new budget authority or tax expenditures, and added par. (2). Subsec. (b). Pub. L. 99–177, in amending subsec. (b) generally, designated existing provisions as par. (1), substituted provisions relating to issuance of reports on a monthly basis and contents of such reports, for provisions relating to issuance of reports on a periodic basis and contents of such reports, and added par. (2). Subsec. (c). Pub. L. 99–177 amended subsec. (c) gen- erally, adding pars. (4) and (5). 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 Termi- nation 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. § 640. House approval of regular appropriation bills It shall not be in order in the House of Rep- resentatives to consider any resolution pro- viding for an adjournment period of more than three calendar days during the month of July until the House of Representatives has approved annual appropriation bills providing new budget authority under the jurisdiction of all the sub- committees of the Committee on Appropriations for the fiscal year beginning on October 1 of such year. For purposes of this section, the chairman of the Committee on Appropriations of the House of Representatives shall periodi- cally advise the Speaker as to changes in juris- diction among its various subcommittees. (Pub. L. 93–344, title III, § 309, July 12, 1974, 88 Stat. 314; Pub. L. 99–177, title II, § 201(b), Dec. 12, 1985, 99 Stat. 1052.) Editorial Notes CODIFICATION Section was formerly classified to section 1330 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 1985—Pub. L. 99–177 substituted ‘‘House approval of regular appropriation bills’’ for ‘‘Completion of action on bills providing new budget authority and certain new spending authority’’ in section catchline, and amended section generally. Prior to amendment, sec- tion read as follows: ‘‘Except as otherwise provided pur- suant to this subchapter, not later than the seventh day after Labor Day of each year, the Congress shall complete action on all bills and resolutions— ‘‘(1) providing new budget authority for the fiscal year beginning on October 1 of such year, other than supplemental, deficiency, and continuing appropria- tion bills and resolutions, and other than the rec- onciliation bill for such year, if required to be re- ported under section 641(c) of this title; and ‘‘(2) providing new spending authority described in section 651(c)(2)(C) of this title which is to become ef- fective during such fiscal year. Paragraph (1) shall not apply to any bill or resolution if legislation authorizing the enactment of new budget authority to be provided in such bill or resolution has not been timely enacted.’’ 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 Termi- nation 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. § 641. Reconciliation (a) Inclusion of reconciliation directives in con- current resolutions on the budget A concurrent resolution on the budget for any fiscal year, to the extent necessary to effectuate the provisions and requirements of such resolu- tion, shall— (1) specify the total amount by which— (A) new budget authority for such fiscal year; (B) budget authority initially provided for prior fiscal years; (C) new entitlement authority which is to become effective during such fiscal year; and (D) credit authority for such fiscal year, contained in laws, bills, and resolutions within the jurisdiction of a committee, is to be Page 193 TITLE 2—THE CONGRESS § 641 changed and direct that committee to deter- mine and recommend changes to accomplish a change of such total amount; (2) specify the total amount by which reve- nues are to be changed and direct that the committees having jurisdiction to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount; (3) specify the amounts by which the statu- tory limit on the public debt is to be changed and direct the committee having jurisdiction to recommend such change; or (4) specify and direct any combination of the matters described in paragraphs (1), (2), and (3) (including a direction to achieve deficit reduc- tion). (b) Legislative procedure If a concurrent resolution containing direc- tives to one or more committees to determine and recommend changes in laws, bills, or resolu- tions is agreed to in accordance with subsection (a), and— (1) only one committee of the House or the Senate is directed to determine and rec- ommend changes, that committee shall promptly make such determination and rec- ommendations and report to its House rec- onciliation legislation containing such rec- ommendations; or (2) more than one committee of the House or the Senate is directed to determine and rec- ommend changes, each such committee so di- rected shall promptly make such determina- tion and recommendations and submit such recommendations to the Committee on the Budget of its House, which, upon receiving all such recommendations, shall report to its House reconciliation legislation carrying out all such recommendations without any sub- stantive revision. For purposes of this subsection, a reconciliation resolution is a concurrent resolution directing the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be, to make specified changes in bills and resolutions which have not been enrolled. (c) Compliance with reconciliation directions (1) Any committee of the House of Representa- tives or the Senate that is directed, pursuant to a concurrent resolution on the budget, to deter- mine and recommend changes of the type de- scribed in paragraphs (1) and (2) of subsection (a) with respect to laws within its jurisdiction, shall be deemed to have complied with such di- rections— (A) if— (i) the amount of the changes of the type described in paragraph (1) of such subsection recommended by such committee do not ex- ceed or fall below the amount of the changes such committee was directed by such con- current resolution to recommend under that paragraph by more than— (I) in the Senate, 20 percent of the total of the amounts of the changes such com- mittee was directed to make under para- graphs (1) and (2) of such subsection; or (II) in the House of Representatives, 20 percent of the sum of the absolute value of the changes the committee was directed to make under paragraph (1) and the absolute value of the changes the committee was directed to make under paragraph (2); and (ii) the amount of the changes of the type described in paragraph (2) of such subsection recommended by such committee do not ex- ceed or fall below the amount of the changes such committee was directed by such con- current resolution to recommend under that paragraph by more than— (I) in the Senate, 20 percent of the total of the amounts of the changes such com- mittee was directed to make under para- graphs (1) and (2) of such subsection; or (II) in the House of Representatives, 20 percent of the sum of the absolute value of the changes the committee was directed to make under paragraph (1) and the absolute value of the changes the committee was directed to make under paragraph (2); and (B) if the total amount of the changes rec- ommended by such committee is not less than the total of the amounts of the changes such committee was directed to make under para- graphs (1) and (2) of such subsection. (2)(A) Upon the reporting to the Committee on the Budget of the Senate of a recommendation that shall be deemed to have complied with such directions solely by virtue of this subsection, the chairman of that committee may file with the Senate appropriately revised allocations under section 633(a) of this title and revised functional levels and aggregates to carry out this subsection. (B) Upon the submission to the Senate of a conference report recommending a reconcili- ation bill or resolution in which a committee shall be deemed to have complied with such di- rections solely by virtue of this subsection, the chairman of the Committee on the Budget of the Senate may file with the Senate appropriately revised allocations under section 633(a) of this title and revised functional levels and aggre- gates to carry out this subsection. (C) Allocations, functional levels, and aggre- gates revised pursuant to this paragraph shall be considered to be allocations, functional levels, and aggregates contained in the concurrent res- olution on the budget pursuant to section 632 of this title. (D) Upon the filing of revised allocations pur- suant to this paragraph, the reporting com- mittee shall report revised allocations pursuant to section 633(b) of this title to carry out this subsection. (d) Limitation on amendments to reconciliation bills and resolutions (1) It shall not be in order in the House of Rep- resentatives to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of in- creasing any specific budget outlays above the level of such outlays provided in the bill or reso- lution (for the fiscal years covered by the rec- onciliation instructions set forth in the most re- cently agreed to concurrent resolution on the budget), or would have the effect of reducing any specific Federal revenues below the level of Page 194 TITLE 2—THE CONGRESS § 641 such revenues provided in the bill or resolution (for such fiscal years), unless such amendment makes at least an equivalent reduction in other specific budget outlays, an equivalent increase in other specific Federal revenues, or an equiva- lent combination thereof (for such fiscal years), except that a motion to strike a provision pro- viding new budget authority or new entitlement authority may be in order. (2) It shall not be in order in the Senate to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of decreasing any specific budget outlay reductions below the level of such outlay reductions provided (for the fiscal years covered) in the reconciliation instructions which relate to such bill or resolution set forth in a resolution providing for reconciliation, or would have the effect of reducing Federal rev- enue increases below the level of such revenue increases provided (for such fiscal years) in such instructions relating to such bill or resolution, unless such amendment makes a reduction in other specific budget outlays, an increase in other specific Federal revenues, or a combina- tion thereof (for such fiscal years) at least equivalent to any increase in outlays or de- crease in revenues provided by such amendment, except that a motion to strike a provision shall always be in order. (3) Paragraphs (1) and (2) shall not apply if a declaration of war by the Congress is in effect. (4) For purposes of this section, the levels of budget outlays and Federal revenues for a fiscal year shall be determined on the basis of esti- mates made by the Committee on the Budget of the House of Representatives or of the Senate, as the case may be. (5) The Committee on Rules of the House of Representatives may make in order amend- ments to achieve changes specified by reconcili- ation directives contained in a concurrent reso- lution on the budget if a committee or commit- tees of the House fail to submit recommended changes to its Committee on the Budget pursu- ant to its instruction. (e) Procedure in Senate (1) Except as provided in paragraph (2), the provisions of section 636 of this title for the con- sideration in the Senate of concurrent resolu- tions on the budget and conference reports thereon shall also apply to the consideration in the Senate of reconciliation bills reported under subsection (b) and conference reports thereon. (2) Debate in the Senate on any reconciliation bill reported under subsection (b), and all amendments thereto and debatable motions and appeals in connection therewith, shall be lim- ited to not more than 20 hours. (f) Completion of reconciliation process It shall not be in order in the House of Rep- resentatives to consider any resolution pro- viding for an adjournment period of more than three calendar days during the month of July until the House of Representatives has com- pleted action on the reconciliation legislation for the fiscal year beginning on October 1 of the calendar year to which the adjournment resolu- tion pertains, if reconciliation legislation is re- quired to be reported by the concurrent resolu- tion on the budget for such fiscal year. (g) Limitation on changes to Social Security Act Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconcili- ation bill or reconciliation resolution reported pursuant to a concurrent resolution on the budget agreed to under section 632 or 635 of this title, or a joint resolution pursuant to section 907d of this title, or any amendment thereto or conference report thereon, that contains rec- ommendations with respect to the old-age, sur- vivors, and disability insurance program estab- lished under title II of the Social Security Act [42 U.S.C. 401 et seq.]. (Pub. L. 93–344, title III, § 310, July 12, 1974, 88 Stat. 315; Pub. L. 99–177, title II, § 201(b), Dec. 12, 1985, 99 Stat. 1053; Pub. L. 101–508, title XIII, §§ 13112(a)(9), 13207(c), (d), 13210(2), Nov. 5, 1990, 104 Stat. 1388–608, 1388–618 to 1388–620; Pub. L. 105–33, title X, § 10111, Aug. 5, 1997, 111 Stat. 685; Pub. L. 113–67, div. A, title I, § 122(9), Dec. 26, 2013, 127 Stat. 1175.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (g), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Social Security Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 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. CODIFICATION Section was formerly classified to section 1331 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 2013—Subsec. (c)(1)(A)(i). Pub. L. 113–67, which di- rected amendment of cl. (i) by substituting ‘‘under that paragraph by more than—’’ for ‘‘under that paragraph by more than’’, was executed by making the substi- tution for ‘‘under such paragraph by more than’’ to re- flect the probable intent of Congress. Subsec. (c)(1)(A)(ii). Pub. L. 113–67 substituted ‘‘under that paragraph by more than—’’ for ‘‘under that para- graph by more than’’. 1997—Subsec. (c)(1)(A)(i). Pub. L. 105–33, § 10111(1), sub- stituted subcls. (I) and (II) for ‘‘20 percent of the total of the amounts of the changes such committee was di- rected to make under paragraphs (1) and (2) of such sub- section, and’’. Subsec. (c)(1)(A)(ii). Pub. L. 105–33, § 10111(2), sub- stituted subcls. (I) and (II) for ‘‘20 percent of the total of the amounts of the changes such committee was di- rected to make under paragraphs (1) and (2) of such sub- section; and’’. 1990—Subsec. (a)(4). Pub. L. 101–508, § 13207(d), inserted before period at end ‘‘(including a direction to achieve deficit reduction)’’. Subsec. (c). Pub. L. 101–508, § 13207(c), designated ex- isting provisions as par. (1), redesignated former par. (1) and subpars. (A) and (B) thereof as subpar. (A) and cls. (i) and (ii), respectively, redesignated former par. (2) as subpar. (B) of par. (1), and added par. (2). Subsec. (f). Pub. L. 101–508, § 13210(2), struck out par. (1) heading ‘‘In general’’ and text which directed Con- gress to complete action on any reconciliation bill or reconciliation resolution reported under subsec. (b) of this section not later than June 15 of each year, and struck out the par. (2) designation and heading ‘‘Point of order in the House of Representatives’’. Page 195 TITLE 2—THE CONGRESS § 642 Subsec. (g). Pub. L. 101–508, § 13112(a)(9), substituted ‘‘joint resolution pursuant’’ for ‘‘resolution pursuant’’ and ‘‘section 907d of this title’’ for ‘‘section 904(b) of this title’’. 1985—Pub. L. 99–177 substituted ‘‘Reconciliation’’ for ‘‘Second required concurrent resolution and reconcili- ation process’’ in section catchline. Subsec. (a). Pub. L. 99–177 amended subsec. (a) gen- erally, inserting provisions relating to new entitlement authority and credit authority, and deleting provision that any such concurrent resolution could be reported, and the report accompanying it could be filed, in either House notwithstanding that that House was not in ses- sion on the day on which such concurrent resolution is reported. Subsec. (b). Pub. L. 99–177 amended subsec. (b) gen- erally, substituting provisions relating to legislative procedure respecting concurrent resolutions with direc- tives to committees to determine and recommend changes in laws, etc., for provisions relating to comple- tion of action on concurrent resolutions. Subsec. (c). Pub. L. 99–177 amended subsec. (c) gen- erally, substituting provisions relating to compliance with reconciliation directives, for provisions relating to the reconciliation process. Subsec. (d). Pub. L. 99–177 amended subsec. (d) gen- erally, substituting provisions relating to limitations on amendments to reconciliation bills and resolutions, for provisions relating to completion of the reconcili- ation process. Subsec. (e). Pub. L. 99–177 amended subsec. (e) gen- erally, substituting references to subsec. (b) for ref- erences to subsec. (c) wherever appearing, and deleting references to reconciliation resolutions. Subsec. (f). Pub. L. 99–177 amended subsec. (f) gen- erally, inserting provision that Congress complete ac- tion on reconciliation bills or resolutions reported under subsec. (b) not later than June 15 of each year and revising provisions relating to adjournment periods of the House of Representatives with respect to comple- tion of action on fiscal year reconciliation legislation. Subsec. (g). Pub. L. 99–177, in amending section gen- erally, added subsec. (g). 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, except that such amendment, inso- far as it relates to subsecs. (c), (d), and (g) of this sec- tion, to become effective Apr. 15, 1986, see section 275(a)(1), (2)(A) 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. § 642. Budget-related legislation must be within appropriate levels (a) Enforcement of budget aggregates (1) In House of Representatives Except as provided by subsection (c), after the Congress has completed action on a con- current resolution on the budget for a fiscal year, it shall not be in order in the House of Representatives to consider any bill, joint res- olution, amendment, motion, or conference re- port providing new budget authority or reduc- ing revenues, if— (A) the enactment of that bill or resolu- tion as reported; (B) the adoption and enactment of that amendment; or (C) the enactment of that bill or resolution in the form recommended in that conference report; would cause the level of total new budget au- thority or total outlays set forth in the appli- cable concurrent resolution on the budget for the first fiscal year to be exceeded, or would cause revenues to be less than the level of total revenues set forth in that concurrent resolution for the first fiscal year or for the total of that first fiscal year and the ensuing fiscal years for which allocations are provided under section 633(a) of this title, except when a declaration of war by the Congress is in ef- fect. (2) In Senate After a concurrent resolution on the budget is agreed to, it shall not be in order in the Sen- ate to consider any bill, joint resolution, amendment, motion, or conference report that— (A) would cause the level of total new budget authority or total outlays set forth for the first fiscal year in the applicable res- olution to be exceeded; or (B) would cause revenues to be less than the level of total revenues set forth for that first fiscal year or for the total of that first fiscal year and the ensuing fiscal years in the applicable resolution for which alloca- tions are provided under section 633(a) of this title. (3) Enforcement of social security levels in Senate After a concurrent resolution on the budget is agreed to, it shall not be in order in the Sen- ate to consider any bill, joint resolution, amendment, motion, or conference report that would cause a decrease in social security sur- pluses or an increase in social security deficits relative to the levels set forth in the applica- ble resolution for the first fiscal year or for the total of that fiscal year and the ensuing fiscal years for which allocations are provided under section 633(a) of this title. (b) Social security levels (1) In general For purposes of subsection (a)(3), social secu- rity surpluses equal the excess of social secu- rity revenues over social security outlays in a fiscal year or years with such an excess and social security deficits equal the excess of so- cial security outlays over social security reve- nues in a fiscal year or years with such an ex- cess. (2) Tax treatment For purposes of subsection (a)(3), no provi- sion of any legislation involving a change in chapter 1 of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] shall be treated as affect- ing the amount of social security revenues or outlays unless that provision changes the in- come tax treatment of social security benefits. (c) Exception in House of Representatives Subsection (a)(1) shall not apply in the House of Representatives to any bill, joint resolution, or amendment that provides new budget author- ity for a fiscal year or to any conference report on any such bill or resolution, if— (1) the enactment of that bill or resolution as reported;