2 U.S.C. § 641 — Reconciliation
submitted 52 years ago by Pub. L. 93-344 to r/title-2-THE-CONGRESS · 1,632 words · no verdicts yet
A concurrent budget resolution may direct committees to recommend changes to spending authority, revenues, public debt, or combinations of these, including deficit reduction. This section sets procedures and limits for reconciliation legislation in the House and Senate, including a bar on reconciliation measures concerning the Social Security Act's old-age, survivors, and disability insurance program.
(a) Inclusion of reconciliation directives in concurrent resolutions on the budget. A concurrent resolution on the budget for a fiscal year must, as needed to carry out its provisions and requirements: (1) state the total amount by which the following are to change, and direct the relevant committee to decide and recommend changes that achieve that total: (A) new budget authority for that fiscal year; (B) budget authority first provided for earlier fiscal years; (C) new entitlement authority that will take effect during that fiscal year; and (D) credit authority for that fiscal year, in laws, bills, and resolutions within the committee's jurisdiction; (2) state the total amount by which revenues are to change and direct the committees with jurisdiction to decide and recommend changes in revenue laws, bills, and resolutions that achieve that total; (3) state the amount by which the statutory public-debt limit is to change and direct the committee with jurisdiction to recommend that change; or (4) state and direct any combination of paragraphs (1), (2), and (3), including a direction to reduce the deficit.
(b) Legislative procedure. If the two Houses agree to a concurrent resolution containing these directions, then: (1) if it directs only one House committee to decide and recommend changes, that committee must promptly do so and report reconciliation legislation to its House containing its recommendations; or (2) if it directs more than one committee of either House, each directed committee must promptly decide and recommend changes and submit them to that House's Committee on the Budget. After receiving all recommendations, that Budget Committee must report reconciliation legislation carrying out all of them without substantive revision. For this subsection, a reconciliation resolution is a concurrent resolution directing the Clerk of the House or the Secretary of the Senate to make specified changes in bills and resolutions that have not been enrolled.
(c) Compliance with reconciliation directions. (1) A House or Senate committee directed by a budget resolution to decide and recommend changes of the kinds described in subsection (a)(1) and (2) is considered to have followed the directions if: (A) (i) its recommended change to the items in paragraph (1) is no more than 20 percent above or below the directed amount, measured in the Senate against the total of the directed amounts under paragraphs (1) and (2), and in the House against the sum of the absolute values of the directed changes under paragraphs (1) and (2); (ii) its recommended change to the items in paragraph (2) is also no more than 20 percent above or below the directed amount, using the same Senate or House measurement; and (B) the total of its recommended changes is at least the total amount it was directed to make under paragraphs (1) and (2). (2)(A) When the Senate Budget Committee receives a recommendation considered compliant only because of this subsection, its chairman may file appropriately revised allocations under section 633(a) and revised functional levels and aggregates. (B) When the Senate receives a conference report recommending a reconciliation bill or resolution in which a committee is considered compliant only because of this subsection, the Senate Budget Committee chairman may file those revised allocations, functional levels, and aggregates. (C) Revisions under this paragraph are treated as allocations, functional levels, and aggregates contained in the concurrent budget resolution under section 632. (D) After revised allocations are filed under this paragraph, the reporting committee must report revised allocations under section 633(b) to carry out this subsection.
(d) Limitation on amendments to reconciliation bills and resolutions. (1) In the House, it is not in order to consider an amendment to a reconciliation bill or resolution if, for the fiscal years covered by the latest agreed budget instructions, it would increase any specific budget outlays above the bill or resolution's level, or reduce any specific Federal revenues below that level, unless it makes at least an equal reduction in other specific outlays, an equal increase in other specific Federal revenues, or an equal combination for those years. A motion to strike a provision providing new budget or entitlement authority may nevertheless be in order. (2) In the Senate, it is not in order to consider an amendment if, for the covered fiscal years, it would reduce specific budget-outlay reductions below the reductions in the applicable reconciliation instructions, or reduce specific Federal-revenue increases below those instructions, unless it makes other specific outlay reductions, revenue increases, or a combination at least equal to the amendment's increase in outlays or decrease in revenues. A motion to strike a provision is always in order. (3) Paragraphs (1) and (2) do not apply while a congressional declaration of war is in effect. (4) For this section, the House or Senate Budget Committee, as applicable, determines fiscal-year outlay and revenue levels from its estimates. (5) The House Rules Committee may make amendments in order to achieve reconciliation-directed changes if a House committee or committees fail to submit recommended changes to the House Budget Committee as directed.
(e) Procedure in Senate. (1) Except as paragraph (2) provides, the Senate procedures in section 636 for considering concurrent budget resolutions and conference reports also apply to Senate consideration of reconciliation bills reported under subsection (b) and conference reports on them. (2) Senate debate on a reconciliation bill reported under subsection (b), its amendments, and debatable motions and appeals connected with it may last no more than 20 hours.
(f) Completion of reconciliation process. In July, the House may not consider a resolution providing for an adjournment period longer than three calendar days until it completes action on reconciliation legislation for the fiscal year beginning October 1 of the calendar year covered by the adjournment resolution, if the budget resolution for that fiscal year requires reconciliation legislation to be reported.
(g) Limitation on changes to Social Security Act. Despite any other law, the House or Senate may not consider a reconciliation bill or resolution reported under a concurrent budget resolution agreed to under section 632 or 635, or a joint resolution under section 907d, or any amendment or conference report on one, if it contains recommendations concerning the old-age, survivors, and disability insurance program established under title II of the Social Security Act. This section does not define that program.
A concurrent resolution on the budget for any fiscal year, to the extent necessary to effectuate the provisions and requirements of such resolution, shall—
specify the total amount by which—
new budget authority for such fiscal year;
budget authority initially provided for prior fiscal years;
new entitlement authority which is to become effective during such fiscal year; and
credit authority for such fiscal year,
contained in laws, bills, and resolutions within the jurisdiction of a committee, is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount;
specify the total amount by which revenues 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;
specify the amounts by which the statutory limit on the public debt is to be changed and direct the committee having jurisdiction to recommend such change; or
specify and direct any combination of the matters described in paragraphs (1), (2), and (3) (including a direction to achieve deficit reduction).
If a concurrent resolution containing directives to one or more committees to determine and recommend changes in laws, bills, or resolutions is agreed to in accordance with subsection (a), and—
only one committee of the House or the Senate is directed to determine and recommend changes, that committee shall promptly make such determination and recommendations and report to its House reconciliation legislation containing such recommendations; or
more than one committee of the House or the Senate is directed to determine and recommend changes, each such committee so directed shall promptly make such determination 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 substantive 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.
Any committee of the House of Representatives or the Senate that is directed, pursuant to a concurrent resolution on the budget, to determine and recommend changes of the type described in paragraphs (1) and (2) of subsection (a) with respect to laws within its jurisdiction, shall be deemed to have complied with such directions—
if—
the amount of the changes of the type described in paragraph (1) of such subsection recommended by such committee do not exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under that paragraph by more than—
in the Senate, 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection; or
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
the amount of the changes of the type described in paragraph (2) of such subsection recommended by such committee do not exceed or fall below the amount of the changes such committee was directed by such concurrent resolution to recommend under that paragraph by more than—
in the Senate, 20 percent of the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection; or
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
if the total amount of the changes recommended by such committee is not less than the total of the amounts of the changes such committee was directed to make under paragraphs (1) and (2) of such subsection.
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.
Upon the submission to the Senate of a conference report recommending a reconciliation bill or resolution in which a committee shall be deemed to have complied with such directions 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 aggregates to carry out this subsection.
Allocations, functional levels, and aggregates revised pursuant to this paragraph shall be considered to be allocations, functional levels, and aggregates contained in the concurrent resolution on the budget pursuant to section 632 of this title.
Upon the filing of revised allocations pursuant to this paragraph, the reporting committee shall report revised allocations pursuant to section 633(b) of this title to carry out this subsection.
It shall not be in order in the House of Representatives to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment would have the effect of increasing any specific budget outlays above the level of such outlays provided in the bill or resolution (for the fiscal years covered by the reconciliation instructions set forth in the most recently agreed to concurrent resolution on the budget), or would have the effect of reducing any specific Federal revenues below the level of 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 equivalent combination thereof (for such fiscal years), except that a motion to strike a provision providing new budget authority or new entitlement authority may be in order.
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 revenue 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 combination thereof (for such fiscal years) at least equivalent to any increase in outlays or decrease in revenues provided by such amendment, except that a motion to strike a provision shall always be in order.
Paragraphs (1) and (2) shall not apply if a declaration of war by the Congress is in effect.
For purposes of this section, the levels of budget outlays and Federal revenues for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or of the Senate, as the case may be.
The Committee on Rules of the House of Representatives may make in order amendments to achieve changes specified by reconciliation directives contained in a concurrent resolution on the budget if a committee or committees of the House fail to submit recommended changes to its Committee on the Budget pursuant to its instruction.
Except as provided in paragraph (2), the provisions of section 636 of this title for the consideration in the Senate of concurrent resolutions 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.
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 limited to not more than 20 hours.
It shall not be in order in the House of Representatives to consider any resolution providing for an adjournment period of more than three calendar days during the month of July until the House of Representatives has completed action on the reconciliation legislation for the fiscal year beginning on October 1 of the calendar year to which the adjournment resolution pertains, if reconciliation legislation is required to be reported by the concurrent resolution on the budget for such fiscal year.
Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconciliation 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 recommendations with respect to the old-age, survivors, and disability insurance program established under title II of the Social Security Act [42 U.S.C. 401 et seq.].
Source credit: (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.)
- 1974Enacted · Pub. L. 93-344 · 88 Stat. 315
- 1985Amended · Pub. L. 99-177 · 99 Stat. 1053
- 1990Amended · Pub. L. 101-508 · 104 Stat. 1388
- 1997Amended · Pub. L. 105-33 · 111 Stat. 685
- 2013Amended · Pub. L. 113-67 · 127 Stat. 1175
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-344 on 1974-07-12.
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