2 U.S.C. § 688 — Procedure in House of Representatives and

Page 221 TITLE 2—THE CONGRESS § 688 section until the expiration of 25 calendar days of continuous session of the Congress following the date on which an explanatory statement by the Comptroller General of the circumstances giving rise to the action contemplated has been filed with the Speaker of the House of Rep- resentatives and the President of the Senate. (Pub. L. 93–344, title X, § 1016, July 12, 1974, 88 Stat. 336; Pub. L. 98–620, title IV, § 402(35), Nov. 8, 1984, 98 Stat. 3360; Pub. L. 100–119, title II, § 206(b), Sept. 29, 1987, 101 Stat. 786.) Editorial Notes CODIFICATION Section was formerly classified to section 1406 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 1987—Pub. L. 100–119 substituted ‘‘If, under this chap- ter’’ for ‘‘If, under section 683(b) or 684(b) of this title’’. 1984—Pub. L. 98–620 struck out provision requiring that the courts give precedence to civil actions brought under this section, and to appeals and writs from deci- sions in such actions, over all other civil actions, ap- peals, and writs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure. REAFFIRMATION For provision reaffirming this section, see section 206(c) of Pub. L. 100–119, set out as a note under section 686 of this title. § 688. Procedure in House of Representatives and Senate (a) Referral Any rescission bill introduced with respect to a special message or impoundment resolution introduced with respect to a proposed deferral of budget authority shall be referred to the appro- priate committee of the House of Representa- tives or the Senate, as the case may be. (b) Discharge of committee (1) If the committee to which a rescission bill or impoundment resolution has been referred has not reported it at the end of 25 calendar days of continuous session of the Congress after its introduction, it is in order to move either to dis- charge the committee from further consider- ation of the bill or resolution or to discharge the committee from further consideration of any other rescission bill with respect to the same special message or impoundment resolution with respect to the same proposed deferral, as the case may be, which has been referred to the committee. (2) A motion to discharge may be made only by an individual favoring the bill or resolution, may be made only if supported by one-fifth of the Members of the House involved (a quorum being present), and is highly privileged in the House and privileged in the Senate (except that it may not be made after the committee has re- ported a bill or resolution with respect to the same special message or the same proposed de- ferral, as the case may be); and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the bill or resolution, and to be divided in the Senate equally between, and controlled by, the major- ity leader and the minority leader or their des- ignees. An amendment to the motion is not in order, and it is not in order to move to recon- sider the vote by which the motion is agreed to or disagreed to. (c) Floor consideration in House (1) When the committee of the House of Rep- resentatives has reported, or has been dis- charged from further consideration of, a rescis- sion bill or impoundment resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been dis- agreed to) to move to proceed to the consider- ation of the bill or resolution. The motion shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or dis- agreed to. (2) Debate on a rescission bill or impoundment resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable. In the case of an im- poundment resolution, no amendment to, or mo- tion to recommit, the resolution shall be in order. It shall not be in order to move to recon- sider the vote by which a rescission bill or im- poundment resolution is agreed to or disagreed to. (3) Motions to postpone, made with respect to the consideration of a rescission bill or im- poundment resolution, and motions to proceed to the consideration of other business, shall be decided without debate. (4) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relat- ing to any rescission bill or impoundment reso- lution shall be decided without debate. (5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any rescission bill or impound- ment resolution and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives ap- plicable to other bills and resolutions, amend- ments, and conference reports in similar cir- cumstances. (d) Floor consideration in Senate (1) Debate in the Senate on any rescission bill or impoundment resolution, and all amendments thereto (in the case of a rescission bill) and de- batable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided be- tween, and controlled by, the majority leader and the minority leader or their designees. (2) Debate in the Senate on any amendment to a rescission bill shall be limited to 2 hours, to be Page 222 TITLE 2—THE CONGRESS §§ 691 to 692 equally divided between, and controlled by, the mover and the manager of the bill. Debate on any amendment to an amendment, to such a bill, and debate on any debatable motion or ap- peal in connection with such a bill or an im- poundment resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or res- olution, except that in the event the manager of the bill or resolution is in favor of any such amendment, motion, or appeal, the time in op- position thereto, shall be controlled by the mi- nority leader or his designee. No amendment that is not germane to the provisions of a rescis- sion bill shall be received. Such leaders, or ei- ther of them, may, from the time under their control on the passage of a rescission bill or im- poundment resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal. (3) A motion to further limit debate is not de- batable. In the case of a rescission bill, a motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to re- commit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent reso- lution. In the case of an impoundment resolu- tion, no amendment or motion to recommit is in order. (4) The conference report on any rescission bill shall be in order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is avail- able to Members of the Senate. A motion to pro- ceed to the consideration of the conference re- port may be made even though a previous mo- tion to the same effect has been disagreed to. (5) During the consideration in the Senate of the conference report on any rescission bill, de- bate shall be limited to 2 hours to be equally di- vided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal re- lated to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. (6) Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided between, and controlled by, the manager of the conference re- port and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the con- ference report. Debate on any amendment to any such instructions shall be limited to 20 min- utes, to be equally divided between, and con- trolled by, the mover and the manager of the conference report. In all cases when the man- ager of the conference report is in favor of any motion, appeal, or amendment, the time in op- position shall be under the control of the minor- ity leader or his designee. (7) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be re- ceived. (Pub. L. 93–344, title X, § 1017, July 12, 1974, 88 Stat. 337.) Editorial Notes CODIFICATION Section was formerly classified to section 1407 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. SUBCHAPTER III—LINE ITEM VETO §§ 691 to 692. Omitted Editorial Notes CODIFICATION Sections were omitted pursuant to section 5 of Pub. L. 104–130, set out as an Effective and Termination Dates note below. Section 691, Pub. L. 93–344, title X, § 1021, as added Pub. L. 104–130, § 2(a), Apr. 9, 1996, 110 Stat. 1200, pro- vided line item veto authority. Section 691a, Pub. L. 93–344, title X, § 1022, as added Pub. L. 104–130, § 2(a), Apr. 9, 1996, 110 Stat. 1201; amend- ed Pub. L. 105–33, title X, § 10121(a), Aug. 5, 1997, 111 Stat. 696, required special messages to Congress of can- cellations made. Section 691b, Pub. L. 93–344, title X, § 1023, as added Pub. L. 104–130, § 2(a), Apr. 9, 1996, 110 Stat. 1202, pro- vided that cancellations were to be effective unless dis- approved. Section 691c, Pub. L. 93–344, title X, § 1024, as added Pub. L. 104–130, § 2(a), Apr. 9, 1996, 110 Stat. 1202; amend- ed Pub. L. 105–33, title X, § 10121(b), Aug. 5, 1997, 111 Stat. 696, related to deficit reduction. Section 691d, Pub. L. 93–344, title X, § 1025, as added Pub. L. 104–130, § 2(a), Apr. 9, 1996, 110 Stat. 1203, related to expedited congressional consideration of disapproval bills. Section 691e, Pub. L. 93–344, title X, § 1026, as added Pub. L. 104–130, § 2(a), Apr. 9, 1996, 110 Stat. 1207; amend- ed Pub. L. 105–33, title X, § 10122, Aug. 5, 1997, 111 Stat. 697, defined terms used in this subchapter. Section 691f, Pub. L. 93–344, title X, § 1027, as added Pub. L. 104–130, § 2(a), Apr. 9, 1996, 110 Stat. 1210, related to identification of limited tax benefits. Section 692, Pub. L. 104–130, § 3, Apr. 9, 1996, 110 Stat. 1211, provided for judicial review. Statutory Notes and Related Subsidiaries CONSTITUTIONALITY For information regarding the constitutionality of part C of title X of Pub. L. 93–344, as added by section 2(a) of Pub. L. 104–130, which was classified generally to this subchapter (sections 691 et seq. of this title), see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Anno- tated website, constitution.congress.gov. EFFECTIVE AND TERMINATION DATES Pub. L. 104–130, § 5, Apr. 9, 1996, 110 Stat. 1212, provided that: ‘‘This Act [enacting this subchapter and provi- sions set out as a note under section 681 of this title and amending provisions set out as notes under section 621 of this title] and the amendments made by it shall