§ 636. — Provisions relating to consideration of concurrent resolutions on the budget.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 2USC636]
TITLE 2--THE CONGRESS
CHAPTER 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
SUBCHAPTER I--CONGRESSIONAL BUDGET PROCESS
Sec. 636. Provisions relating to consideration of concurrent
resolutions on the budget
(a) Procedure in House after report of Committee; debate
(1) When a concurrent resolution on the budget has been reported by
the Committee on the Budget of the House of Representatives and has been
referred to the appropriate calendar of the House, it shall be in order
on any day thereafter, subject to clause 2(l)(6) of rule XI \1\ of the
Rules of the House of Representatives, to move to proceed to the
consideration of the concurrent resolution. The motion is highly
privileged and is not debatable. An amendment to the motion is not in
order and it is not in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
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\1\ See References in Text note below.
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(2) General debate on any concurrent resolution on the budget in the
House of Representatives shall be limited to not more than 10 hours,
which shall be divided equally between the majority and minority
parties, plus such additional hours of debate as are consumed pursuant
to paragraph (3). A motion further to limit debate is not debatable. A
motion to recommit the concurrent resolution is not in order, and it is
not in order to move to reconsider the vote by which the concurrent
resolution is agreed to or disagreed to.
(3) Following the presentation of opening statements on the
concurrent resolution on the budget for a fiscal year by the chairman
and ranking minority member of the Committee on the Budget of the House,
there shall be a period of up to four hours for debate on economic goals
and policies.
(4) Only if a concurrent resolution on the budget reported by the
Committee on the Budget of the House sets forth the economic goals (as
described in sections 1022(a)(2) and 1022a(b) of title 15) which the
estimates, amounts, and levels (as described in section 632(a) of this
title) set forth in such resolution are designed to achieve, shall it be
in order to offer to such resolution an amendment relating to such
goals, and such amendment shall be in order only if it also proposes to
alter such estimates, amounts, and levels in germane fashion in order to
be consistent with the goals proposed in such amendment.
(5) Consideration of any concurrent resolution on the budget by the
House of Representatives shall be in the Committee of the Whole, and the
resolution shall be considered for amendment under the five-minute rule
in accordance with the applicable provisions of rule XXIII \1\ of the
Rules of the House of Representatives. After the Committee rises and
reports the resolution back to the House, the previous question shall be
considered as ordered on the resolution and any amendments thereto to
final passage without intervening motion; except that it shall be in
order at any time prior to final passage (notwithstanding any other rule
or provision of law) to adopt an amendment (or a series of amendments)
changing any figure or figures in the resolution as so reported to the
extent necessary to achieve mathematical consistency.
(6) Debate in the House of Representatives on the conference report
on any concurrent resolution on the budget shall be limited to not more
than 5 hours, which shall be divided equally between the majority and
minority parties. A motion further to limit debate is not debatable. A
motion to recommit the conference report is not in order, and it is not
in order to move to reconsider the vote by which the conference report
is agreed to or disagreed to.
(7) Appeals from decisions of the Chair relating to the application
of the Rules of the House of Representatives to the procedure relating
to any concurrent resolution on the budget shall be decided without
debate.
(b) Procedure in Senate after report of Committee; debate; amendments
(1) Debate in the Senate on any concurrent resolution on the budget,
and all amendments thereto and debatable motions and appeals in
connection therewith, shall be limited to not more than 50 hours, except
that with respect to any concurrent resolution referred to in section
635(a) \1\ of this title all such debate shall be limited to not more
than 15 hours. The time shall be equally divided between, and controlled
by, the majority leader and the minority leader or their designees.
(2) Debate in the Senate on any amendment to a concurrent resolution
on the budget shall be limited to 2 hours, to be equally divided
between, and controlled by, the mover and the manager of the concurrent
resolution, and debate on any amendment to an amendment, debatable
motion, or appeal shall be limited to 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the concurrent
resolution, except that in the event the manager of the concurrent
resolution is in favor of any such amendment, motion, or appeal, the
time in opposition thereto shall be controlled by the minority leader or
his designee. No amendment that is not germane to the provisions of such
concurrent resolution shall be received. Such leaders, or either of
them, may, from the time under their control on the passage of the
concurrent resolution, allot additional time to any Senator during the
consideration of any amendment, debatable motion, or appeal.
(3) Following the presentation of opening statements on the
concurrent resolution on the budget for a fiscal year by the chairman
and ranking minority member of the Committee on the Budget of the
Senate, there shall be a period of up to four hours for debate on
economic goals and policies.
(4) Subject to the other limitations of this Act, only if a
concurrent resolution on the budget reported by the Committee on the
Budget of the Senate sets forth the economic goals (as described in
sections 1022(a)(2) and 1022a(b) of title 15) which the estimates,
amounts, and levels (as described in section 632(a) of this title) set
forth in such resolution are designed to achieve, shall it be in order
to offer to such resolution an amendment relating to such goals, and
such amendment shall be in order only if it also proposes to alter such
estimates, amounts, and levels in germane fashion in order to be
consistent with the goals proposed in such amendment.
(5) A motion to further limit debate is not debatable. 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 recommit shall be limited to 1 hour, to be equally
divided between, and controlled by, the mover and the manager of the
concurrent resolution.
(6) Notwithstanding any other rule, an amendment or series of
amendments to a concurrent resolution on the budget proposed in the
Senate shall always be in order if such amendment or series of
amendments proposes to change any figure or figures then contained in
such concurrent resolution so as to make such concurrent resolution
mathematically consistent or so as to maintain such consistency.
(c) Action on conference reports in Senate
(1) A motion to proceed to the consideration of the conference
report on any concurrent resolution on the budget (or a reconciliation
bill or resolution) may be made even though a previous motion to the
same effect has been disagreed to.
(2) During the consideration in the Senate of the conference report
(or a message between Houses) on any concurrent resolution on the
budget, and all amendments in disagreement, and all amendments thereto,
and debatable motions and appeals in connection therewith, debate shall
be limited to 10 hours, to be equally divided between, and controlled
by, the majority leader and minority leader or their designees. Debate
on any debatable motion or appeal related to the conference report (or a
message between Houses) shall be limited to 1 hour, to be equally
divided between, and controlled by, the mover and the manager of the
conference report (or a message between Houses).
(3) Should the conference report be defeated, debate on any request
for a new conference and the appointment of conferees shall be limited
to 1 hour, to be equally divided between, and controlled by, the manager
of the conference report 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 one-half hour, to
be equally divided between, and controlled by, the mover and the manager
of the conference report. Debate on any amendment to any such
instructions shall be limited to 20 minutes, to be equally divided
between and controlled by the mover and the manager of the conference
report. In all cases when the manager of the conference report is in
favor of any motion, appeal, or amendment, the time in opposition shall
be under the control of the minority leader or his designee.
(4) 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 received.
(d) Concurrent resolution must be consistent in Senate
It shall not be in order in the Senate to vote on the question of
agreeing to--
(1) a concurrent resolution on the budget unless the figures
then contained in such resolution are mathematically consistent; or
(2) a conference report on a concurrent resolution on the budget
unless the figures contained in such resolution, as recommended in
such conference report, are mathematically consistent.
(Pub. L. 93-344, title III, Sec. 305, July 12, 1974, 88 Stat. 310; Pub.
L. 95-523, title III, Sec. 303(b), (c), Oct. 27, 1978, 92 Stat. 1905,
1906; Pub. L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat.
1047; Pub. L. 100-119, title II, Sec. 209, Sept. 29, 1987, 101 Stat.
787; Pub. L. 100-203, title VIII, Sec. 8003(d), Dec. 22, 1987, 101 Stat.
1330-282; Pub. L. 101-508, title XIII, Secs. 13209, 13210(1), Nov. 5,
1990, 104 Stat. 1388-619, 1388-620; Pub. L. 105-33, title X,
Sec. 10109(a), Aug. 5, 1997, 111 Stat. 684.)
References in Text
The Rules of the House of Representatives for the One Hundred Sixth
Congress were adopted and amended generally by House Resolution No. 5,
One Hundred Sixth Congress, Jan. 6, 1999. Provisions formerly appearing
in clause 2(l)(6) of rule XI, referred to in subsec. (a)(1), are now
contained in clause 4 of rule XIII. Provisions formerly appearing in
rule XXIII, referred to in subsec. (a)(5), are now contained in rule
XVIII.
Section 635(a) of this title, referred to in subsec. (b)(1), was
redesignated section 635 of this title by Pub. L. 105-33, title X,
Sec. 10108(1), Aug. 5, 1997, 111 Stat. 684.
This Act, referred to in subsec. (b)(4), means Pub. L. 93-344, July
12, 1974, 88 Stat. 297, as amended, known as the Congressional Budget
and Impoundment Control Act of 1974, which enacted chapters 17, 17A and
17B, and section 190a-3 of this title and sections 11a, 11c, 11d, 1020a
of former Title 31, Money and Finance, amended sections 11, 665, 701,
1020, 1151, 1152, 1153, and 1154 of former Title 31, section 105 of
Title 1, General Provisions, 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 complete classification of this Act
to the Code, see Short Title note set out under section 621 of this
title and Tables.
Codification
Section was formerly classified to section 1326 of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1997--Subsec. (a)(1). Pub. L. 105-33 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ``When the Committee on
the Budget of the House of Representatives has reported any concurrent
resolution on the budget, it is in order at any time after the fifth day
(excluding Saturdays, Sundays, and legal holidays) following the day on
which the report upon such resolution by the Committee on the Budget has
been available to Members of the House and, if applicable, after the
first day (excluding Saturdays, Sundays, and legal holidays) following
the day on which a report upon such resolution by the Committee on Rules
pursuant to section 632(c) of this title has been available to Members
of the House (even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the concurrent
resolution. The motion is highly privileged and is not debatable. An
amendment to the motion is not in order, and it is not in order to move
to reconsider the vote by which the motion is agreed to or disagreed
to.''
1990--Subsec. (c)(1). Pub. L. 101-508, Sec. 13209(1), struck out at
beginning ``The conference report on any concurrent resolution on the
budget 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 conference report is reported and is available to Members of
the Senate.'' and inserted ``on any concurrent resolution on the budget
(or a reconciliation bill or resolution)'' after ``consideration of the
conference report''.
Subsec. (c)(2). Pub. L. 101-508, Sec. 13209(2), inserted ``(or a
message between Houses)'' after ``conference report'' wherever
appearing.
Subsecs. (d), (e). Pub. L. 101-508, Sec. 13210(1), redesignated
subsec. (e) as (d) and struck out former subsec. (d) which read as
follows: ``If at the end of 7 days (excluding Saturdays, Sundays, and
legal holidays) after the conferees of both Houses have been appointed
to a committee of conference on a concurrent resolution on the budget,
the conferees are unable to reach agreement with respect to all matters
in disagreement between the two Houses, then the conferees shall submit
to their respective Houses, on the first day thereafter on which their
House is in session--
``(1) a conference report recommending those matters on which
they have agreed and reporting in disagreement those matters on
which they have not agreed; or
``(2) a conference report in disagreement, if the matter in
disagreement is an amendment which strikes out the entire text of
the concurrent resolution and inserts a substitute text.''
1987--Subsec. (c)(2). Pub. L. 100-203, Sec. 8003(d), inserted a
comma after ``therewith''.
Pub. L. 100-119 inserted ``and all amendments in disagreement, and
all amendments thereto, and debatable motions and appeals in connection
therewith'' after ``budget,''.
1985--Subsec. (a). Pub. L. 99-177, in amending subsec. (a)
generally, in par. (1) inserted provisions relating to applicability of
report after first day and substituted ``fifth day'' for ``tenth day'',
in par. (3) struck out ``first'' before ``concurrent'', in par. (5)
substituted ``considered for'' for ``read for'', struck out par. (7)
relating to motions to postpone, and redesignated par. (8) as (7).
Subsec. (b). Pub. L. 99-177, in amending subsec. (b) generally, in
par. (1) substituted ``any concurrent'' for ``the second required
concurrent'' and ``635(a)'' for ``641(a)'', in par. (3) struck out
``first'' before ``concurrent'', and in par. (4) inserted provisions
relating to applicability of other limitations of this Act.
Subsecs. (c) to (e). Pub. L. 99-177, in amending section generally,
reenacted subsecs. (c) to (e) without change.
1978--Subsec. (a). Pub. L. 95-523, Sec. 303(b), inserted in par. (2)
``, plus such additional hours of debate as are consumed pursuant to
paragraph (3)'' after ``and minority parties'', added pars. (3) and (4)
and redesignated existing pars. (3) to (6) as (6) to (9), respectively.
Existing pars. (3) to (6) were renumbered (5) to (8), respectively, as
the probable intent of Congress, notwithstanding the language of section
303(b)(2) of Pub. L. 95-523 directing that existing pars. (3) to (6) be
redesignated (6) to (9), respectively.
Subsec. (b). Pub. L. 95-523, Sec. 303(c), added pars. (3) and (4)
and redesignated existing pars. (3) and (4) as (6) and (7),
respectively. Existing pars. (3) and (4) were renumbered (5) and (6),
respectively, as the probable intent of Congress, notwithstanding the
language of section 303(c)(1) of Pub. L. 95-523 directing that existing
pars. (3) and (4) be redesignated (6) and (7), respectively.
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, set out as an Effective and Termination
Dates note under section 900 of this title.
Section Referred to in Other Sections
This section is referred to in sections 641, 907d of this title.
