2 U.S.C. § 644 — Extraneous matter in reconciliation legisla-

Page 197 TITLE 2—THE CONGRESS § 644 for a fiscal year, or to consider any amendment to that concurrent resolution, or to consider a conference report on that concurrent resolution, if— (1) the level of total outlays for the first fis- cal year set forth in that concurrent resolu- tion or conference report exceeds; or (2) the adoption of that amendment would result in a level of total outlays for that fiscal year that exceeds; the recommended level of Federal revenues for that fiscal year, by an amount that is greater than the maximum deficit amount, if any, speci- fied in the Balanced Budget and Emergency Def- icit Control Act of 1985 for that fiscal year. (d) Timing of points of order in Senate A point of order under this Act may not be raised against a bill, resolution, amendment, motion, or conference report while an amend- ment or motion, the adoption of which would remedy the violation of this Act, is pending be- fore the Senate. (e) Points of order in Senate against amend- ments between Houses Each provision of this Act that establishes a point of order against an amendment also estab- lishes a point of order in the Senate against an amendment between the Houses. If a point of order under this Act is raised in the Senate against an amendment between the Houses and the point of order is sustained, the effect shall be the same as if the Senate had disagreed to the amendment. (f) Effect of point of order in Senate In the Senate, if a point of order under this Act against a bill or resolution is sustained, the Presiding Officer shall then recommit the bill or resolution to the committee of appropriate ju- risdiction for further consideration. (Pub. L. 93–344, title III, § 312, as added Pub. L. 101–508, title XIII, § 13207(b)(1), Nov. 5, 1990, 104 Stat. 1388–618; amended Pub. L. 105–33, title X, § 10113(a), Aug. 5, 1997, 111 Stat. 687.) Editorial Notes REFERENCES IN TEXT The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (c), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of this title, amended sections 602, 622, 631 to 642, and 651 to 653 of this title, sections 1104 to 1106 and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of this title, enacted provisions set out as notes under section 900 of this title and section 911 of Title 42, and amended provisions set out as a note under section 621 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 900 of this title and Tables. This Act, referred to in subsecs. (d) to (f), means Pub. L. 93–344, July 12, 1974, 88 Stat. 297, known as the Con- gressional Budget and Impoundment Control Act of 1974, which enacted chapters 17, 17A, and 17B and sec- tion 190a–3 of this title and sections 11a, 11c, 11d, 1020a of former Title 31, Money and Finance, amended sec- tions 11, 665, 701, 1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of Title 1, General Provisions, and sections 190b and 190d of this title, repealed sections 571 and 581c–1 of former Title 31 and sections 66 and 81 of this title, and enacted provisions set out as notes under sections 190a–1, 621, 632, and 682 of this title, section 105 of Title 1, and section 1020 of former Title 31. For com- plete classification of this Act to the Code, see Short Title note set out under section 621 of this title and Ta- bles. AMENDMENTS 1997—Pub. L. 105–33 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) and (b) and provided that each provision of this Act that established point of order against an amendment also established point of order in Senate against an amendment between Houses and prescribed effect of sustaining point of order against an amend- ment or bill under this Act. § 644. Extraneous matter in reconciliation legisla- tion (a) In general When the Senate is considering a reconcili- ation bill or a reconciliation resolution pursu- ant to section 641 of this title (whether that bill or resolution originated in the Senate or the House) or section 907d of this title, upon a point of order being made by any Senator against ma- terial extraneous to the instructions to a com- mittee which is contained in any title or provi- sion of the bill or resolution or offered as an amendment to the bill or resolution, and the point of order is sustained by the Chair, any part of said title or provision that contains ma- terial extraneous to the instructions to said Committee as defined in subsection (b) shall be deemed stricken from the bill and may not be offered as an amendment from the floor. (b) Extraneous provisions (1)(A) Except as provided in paragraph (2), a provision of a reconciliation bill or reconcili- ation resolution considered pursuant to section 641 of this title shall be considered extraneous if such provision does not produce a change in out- lays or revenues, including changes in outlays and revenues brought about by changes in the terms and conditions under which outlays are made or revenues are required to be collected (but a provision in which outlay decreases or revenue increases exactly offset outlay increases or revenue decreases shall not be considered ex- traneous by virtue of this subparagraph); (B) any provision producing an increase in outlays or decrease in revenues shall be considered ex- traneous if the net effect of provisions reported by the committee reporting the title containing the provision is that the committee fails to achieve its reconciliation instructions; (C) a pro- vision that is not in the jurisdiction of the com- mittee with jurisdiction over said title or provi- sion shall be considered extraneous; (D) a provi- sion shall be considered extraneous if it pro- duces changes in outlays or revenues which are merely incidental to the non-budgetary compo- nents of the provision; (E) a provision shall be considered to be extraneous if it increases, or would increase, net outlays, or if it decreases, or would decrease, revenues during a fiscal year after the fiscal years covered by such reconcili- ation bill or reconciliation resolution, and such increases or decreases are greater than outlay reductions or revenue increases resulting from other provisions in such title in such year; and Page 198 TITLE 2—THE CONGRESS § 644 (F) a provision shall be considered extraneous if it violates section 641(g) of this title. (2) A Senate-originated provision shall not be considered extraneous under paragraph (1)(A) if the Chairman and Ranking Minority Member of the Committee on the Budget and the Chairman and Ranking Minority Member of the Com- mittee which reported the provision certify that: (A) the provision mitigates direct effects clearly attributable to a provision changing out- lays or revenues and both provisions together produce a net reduction in the deficit; (B) the provision will result in a substantial reduction in outlays or a substantial increase in revenues during fiscal years after the fiscal years covered by the reconciliation bill or reconciliation reso- lution; (C) a reduction of outlays or an increase in revenues is likely to occur as a result of the provision, in the event of new regulations au- thorized by the provision or likely to be pro- posed, court rulings on pending litigation, or re- lationships between economic indices and stipu- lated statutory triggers pertaining to the provi- sion, other than the regulations, court rulings or relationships currently projected by the Con- gressional Budget Office for scorekeeping pur- poses; or (D) such provision will be likely to produce a significant reduction in outlays or in- crease in revenues but, due to insufficient data, such reduction or increase cannot be reliably es- timated. (3) A provision reported by a committee shall not be considered extraneous under paragraph (1)(C) if (A) the provision is an integral part of a provision or title, which if introduced as a bill or resolution would be referred to such com- mittee, and the provision sets forth the proce- dure to carry out or implement the substantive provisions that were reported and which fall within the jurisdiction of such committee; or (B) the provision states an exception to, or a special application of, the general provision or title of which it is a part and such general provision or title if introduced as a bill or resolution would be referred to such committee. (c) Extraneous materials Upon the reporting or discharge of a reconcili- ation bill or resolution pursuant to section 641 of this title in the Senate, and again upon the submission of a conference report on such a rec- onciliation bill or resolution, the Committee on the Budget of the Senate shall submit for the record a list of material considered to be extra- neous under subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this section to the instructions of a committee as provided in this section. The in- clusion or exclusion of a provision shall not con- stitute a determination of extraneousness by the Presiding Officer of the Senate. (d) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a reconciliation bill or reconcili- ation resolution pursuant to section 641 of this title, upon— (1) a point of order being made by any Sen- ator against extraneous material meeting the definition of subsections (b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F), and (2) such point of order being sustained, such material contained in such conference re- port or amendment shall be deemed stricken, and the Senate shall proceed, without inter- vening action or motion, to consider the ques- tion of whether the Senate shall recede from its amendment and concur with a further amend- ment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debat- able for two hours. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this sub- section), no further amendment shall be in order. (e) General point of order Notwithstanding any other law or rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a bill, resolution, amendment, motion, or con- ference report violate this section. The Pre- siding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Pre- siding Officer so sustains the point of order as to some of the provisions (including provisions of an amendment, motion, or conference report) against which the Senator raised the point of order, then only those provisions (including pro- visions of an amendment, motion, or conference report) against which the Presiding Officer sus- tains the point of order shall be deemed stricken pursuant to this section. Before the Presiding Officer rules on such a point of order, any Sen- ator may move to waive such a point of order as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accord- ance with the rules and precedents of the Sen- ate. After the Presiding Officer rules on such a point of order, any Senator may appeal the rul- ing of the Presiding Officer on such a point of order as it applies to some or all of the provi- sions on which the Presiding Officer ruled. (Pub. L. 93–344, title III, § 313, formerly Pub. L. 99–272, title XX, § 20001, Apr. 7, 1986, 100 Stat. 390, as amended Pub. L. 99–509, title VII, § 7006, Oct. 21, 1986, 100 Stat. 1949; Pub. L. 100–119, title II, § 205(a), (b), Sept. 29, 1987, 101 Stat. 784; renum- bered § 313 of Pub. L. 93–344 and amended Pub. L. 101–508, title XIII, § 13214(a)–(b)(4), Nov. 5, 1990, 104 Stat. 1388–621, 1388–622; Pub. L. 105–33, title X, § 10113(b)(1), Aug. 5, 1997, 111 Stat. 688.) Editorial Notes CODIFICATION Prior to redesignation by Pub. L. 101–508, this section was section 20001 of Pub. L. 99–272, which was not clas- sified to the Code, and subsec. (c) (now (d)) of this sec- tion (relating to point of order) was subsec. (a) of the first section of Senate Resolution No. 286, Ninety-ninth Congress, Dec. 19, 1985. AMENDMENTS 1997—Subsec. (c). Pub. L. 105–33, § 10113(b)(1)(A), redes- ignated subsec. (c), relating to point of order, as (d). Subsec. (d). Pub. L. 105–33, § 10113(b)(1)(A), redesig- nated subsec. (c), relating to point of order, as (d) and inserted heading. Former subsec. (d) redesignated (e). Page 199 TITLE 2—THE CONGRESS § 645 1 So in original. Probably should be preceded by the word ‘‘sec- tion’’. Subsec. (e). Pub. L. 105–33, § 10113(b)(1)(B), redesig- nated subsec. (d) as (e) and struck out heading and text of former subsec. (e). Text read as follows: ‘‘For pur- poses of this section, the levels of new budget author- ity, budget outlays, new entitlement authority, and revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budg- et of the Senate.’’ 1990—Pub. L. 101–508, § 13214(b)(2)(A), inserted ‘‘Extra- neous matter in reconciliation legislation’’ as section catchline. Pub. L. 101–508, § 13214(b)(1), redesignated section 20001 of Pub. L. 99–272 as this section. Subsec. (a). Pub. L. 101–508, § 13214(a)(1)(A), inserted heading ‘‘In general’’. Pub. L. 101–508, § 13214(b)(4)(B), substituted ‘‘sub- section (b)’’ for ‘‘subsection (d)’’. Pub. L. 101–508, § 13214(b)(4)(A), made technical amendment to reference to section 641 of this title to reflect change in reference to corresponding section of original act. Pub. L. 101–508, § 13214(b)(2)(B), struck out at end ‘‘An affirmative vote of three-fifths of the Members, duly chosen and sworn, shall be required to sustain an ap- peal of the ruling of the Chair on a point of order raised under this section, as well as to waive or suspend the provisions of this subsection.’’ Pub. L. 101–508, § 13214(a)(1)(B), inserted ‘‘(whether that bill or resolution originated in the Senate or the House) or section 907d of this title’’ after ‘‘section 641 of this title’’. Subsec. (b). Pub. L. 101–508, § 13214(b)(2)(B), (C), redes- ignated subsec. (d) as (b) and struck out former subsec. (b) which provided that no motion to waive or suspend the requirement of section 636(b)(2) of this title, as it related to germaneness with respect to a reconciliation bill or resolution, could be agreed to unless supported by an affirmative vote of three-fifths of the Members, duly chosen and sworn, which super-majority was to be required to successfully appeal the ruling of the Chair on a point of order raised under that section, as well as to waive or suspend the provisions of this subsection. Pub. L. 101–508, § 13214(a)(2), inserted heading ‘‘Extra- neous provisions’’. Subsec. (b)(1)(A). Pub. L. 101–508, § 13214(b)(4)(A), made technical amendment to reference to section 641 of this title to reflect change in reference to corresponding section of original act. Pub. L. 101–508, § 13214(a)(3), inserted before semicolon ‘‘(but a provision in which outlay decreases or revenue increases exactly offset outlay increases or revenue de- creases shall not be considered extraneous by virtue of this subparagraph)’’. Subsec. (b)(1)(F). Pub. L. 101–508, § 13214(a)(4)–(6), added subpar. (F). Subsec. (b)(2). Pub. L. 101–508, § 13214(a)(7), substituted ‘‘A Senate-originated provision’’ for ‘‘A provision’’. Subsec. (b)(2)(C). Pub. L. 101–508, § 13214(b)(4)(C), in- serted ‘‘or’’ after ‘‘scorekeeping purposes;’’. Subsec. (c). Pub. L. 101–508, § 13214(b)(4)(F), which di- rected the substitution of ‘‘this subsection’’ for ‘‘this resolution’’ in par. (2), was executed to last sentence of subsec. (c) as the probable intent of Congress. Pub. L. 101–508, § 13214(b)(4)(E), substituted ‘‘(b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F)’’ for ‘‘(d)(1)(A) or (d)(1)(D) of section 20001 of the Consolidated Omni- bus Budget Reconciliation Act of 1985’’. Pub. L. 101–508, § 13214(b)(4)(D), substituted ‘‘When’’ for ‘‘when’’. Pub. L. 101–508, § 13214(b)(4)(A), made technical amendment to reference to section 641 of this title to reflect change in reference to corresponding section of original act. Pub. L. 101–508, § 13214(b)(3), redesignated as subsec. (c), relating to point of order, subsec. (a) of the first section of Senate Resolution No. 286, Ninety-ninth Con- gress, Dec. 19, 1985, as amended by Senate Resolution No. 509, Ninety-ninth Congress, Oct. 16, 1986. Pub. L. 101–508, § 13214(b)(2)(C), redesignated subsec. (e), relating to extraneous materials, as (c). Pub. L. 101–508, § 13214(b)(2)(B), struck out subsec. (c) which provided for effective and termination dates of this section. Subsec. (d). Pub. L. 101–508, § 13214(b)(2)(C), redesig- nated subsec. (f) as (d). Former subsec. (d) redesignated (b). Subsecs. (e) to (g). Pub. L. 101–508, § 13214(a)(8), (b)(2)(C), added subsecs. (e) to (g) and redesignated them as subsecs. (c) to (e), respectively. 1987—Subsec. (c). Pub. L. 100–119, § 205(a), substituted ‘‘September 30, 1992’’ for ‘‘January 2, 1988’’. Subsec. (d)(1)(E). Pub. L. 100–119, § 205(b), which di- rected that cl. (E) be added to subsec. (d)(1)(A), was exe- cuted to subsec. (d)(1), as the probable intent of Con- gress. 1986—Subsec. (c). Pub. L. 99–509, § 7006(b), substituted ‘‘January 2, 1988’’ for ‘‘January 2, 1987’’. Pub. L. 99–509, § 7006(c), substituted ‘‘section 20001’’ for ‘‘section 1201’’ in Senate Resolution No. 286, Ninety- ninth Congress, Dec. 19, 1985. See 1990 Amendment note above. Subsec. (d)(2). Pub. L. 99–509, § 7006(a)(1), substituted ‘‘paragraph (1)(A) if the Chairman and Ranking Minor- ity Member of the Committee on the Budget and the Chairman and Ranking Minority Member of the Com- mittee which reported the provision certify that’’ for ‘‘(1)(A) above if’’ in introductory provisions. Subsec. (d)(2)(A). Pub. L. 99–509, § 7006(a)(2), sub- stituted ‘‘the provision mitigates’’ for ‘‘it is designed to mitigate the’’. Subsec. (d)(2)(B). Pub. L. 99–509, § 7006(a)(3), sub- stituted ‘‘the provision’’ for ‘‘it’’. Subsec. (d)(3). Pub. L. 99–509, § 7006(a)(4), added par. (3). § 645. Adjustments (a) Adjustments After the reporting of a bill or joint resolution or the offering of an amendment thereto or the submission of a conference report thereon, the chairman of the Committee on the Budget of the House of Representatives or the Senate may make appropriate budgetary adjustments of new budget authority and the outlays flowing there- from in the same amount as required by section 901(b) of this title. (b) Application of adjustments The adjustments made pursuant to subsection (a) for legislation shall— (1) apply while that legislation is under con- sideration; (2) take effect upon the enactment of that legislation; and (3) be published in the Congressional Record as soon as practicable. (c) Reporting revised suballocations Following any adjustment made under sub- section (a), the Committees on Appropriations of the Senate and the House of Representatives may report appropriately revised suballocations under section 633(b) of this title to carry out this section. (d) Emergencies in the House of Representatives (1) In the House of Representatives, if a re- ported bill or joint resolution, or amendment thereto or conference report thereon, contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as an emergency requirement pursuant to 901(b)(2)(A) 1 of this title, the chair