§ 641. — Reconciliation.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 2USC641]
TITLE 2--THE CONGRESS
CHAPTER 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
SUBCHAPTER I--CONGRESSIONAL BUDGET PROCESS
Sec. 641. Reconciliation
(a) Inclusion of reconciliation directives in concurrent 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
resolution, 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 changed and direct that committee to determine
and recommend changes to accomplish a change of such total amount;
(2) 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;
(3) 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
(4) specify and direct any combination of the matters described
in paragraphs (1), (2), and (3) (including a direction to achieve
deficit reduction).
(b) Legislative procedure
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) of this
section, and--
(1) 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
(2) 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.
(c) Compliance with reconciliation directions
(1) 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) of this section with respect to laws within
its jurisdiction, shall be deemed to have complied with such
directions--
(A) if--
(i) 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 such paragraph by more than \1\
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\1\ So in original. Probably should be ``than--''.
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(I) 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
(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 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 \1\
(I) 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
(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 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.
(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 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.
(C) 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.
(D) 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.
(d) Limitation on amendments to reconciliation bills and resolutions
(1) 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.
(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 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.
(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
estimates 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 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.
(e) Procedure in Senate
(1) 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) of this section and conference reports
thereon.
(2) Debate in the Senate on any reconciliation bill reported under
subsection (b) of this section, and all amendments thereto and debatable
motions and appeals in connection therewith, shall be limited to not
more than 20 hours.
(f) Completion of reconciliation process
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.
(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
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.].
(Pub. L. 93-344, title III, Sec. 310, July 12, 1974, 88 Stat. 315; Pub.
L. 99-177, title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1053; Pub. L.
101-508, title XIII, Secs. 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,
Sec. 10111, Aug. 5, 1997, 111 Stat. 685.)
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 (Sec. 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, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
Amendments
1997--Subsec. (c)(1)(A)(i). Pub. L. 105-33, Sec. 10111(1),
substituted subcls. (I) and (II) for ``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, and''.
Subsec. (c)(1)(A)(ii). Pub. L. 105-33, Sec. 10111(2), substituted
subcls. (I) and (II) for ``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; and''.
1990--Subsec. (a)(4). Pub. L. 101-508, Sec. 13207(d), inserted
before period at end ``(including a direction to achieve deficit
reduction)''.
Subsec. (c). Pub. L. 101-508, Sec. 13207(c), designated existing
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, Sec. 13210(2), struck out par. (1)
heading ``In general'' and text which directed Congress 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''.
Subsec. (g). Pub. L. 101-508, Sec. 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 reconciliation process'' in section
catchline.
Subsec. (a). Pub. L. 99-177 amended subsec. (a) generally, 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 session on the day on which
such concurrent resolution is reported.
Subsec. (b). Pub. L. 99-177 amended subsec. (b) generally,
substituting provisions relating to legislative procedure respecting
concurrent resolutions with directives to committees to determine and
recommend changes in laws, etc., for provisions relating to completion
of action on concurrent resolutions.
Subsec. (c). Pub. L. 99-177 amended subsec. (c) generally,
substituting provisions relating to compliance with reconciliation
directives, for provisions relating to the reconciliation process.
Subsec. (d). Pub. L. 99-177 amended subsec. (d) generally,
substituting provisions relating to limitations on amendments to
reconciliation bills and resolutions, for provisions relating to
completion of the reconciliation process.
Subsec. (e). Pub. L. 99-177 amended subsec. (e) generally,
substituting references to subsec. (b) for references to subsec. (c)
wherever appearing, and deleting references to reconciliation
resolutions.
Subsec. (f). Pub. L. 99-177 amended subsec. (f) generally, inserting
provision that Congress complete action 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 completion of action on fiscal
year reconciliation legislation.
Subsec. (g). Pub. L. 99-177, in amending section generally, added
subsec. (g).
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, insofar as it relates to subsecs. (c), (d), and (g) of
this section, to become effective Apr. 15, 1986, see section 275(a)(1),
(2)(A) 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 632, 644, 907a, 907d of this
title.
