§ 644. — Extraneous matter in reconciliation legislation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC644]
TITLE 2--THE CONGRESS
CHAPTER 17A--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
SUBCHAPTER I--CONGRESSIONAL BUDGET PROCESS
Sec. 644. Extraneous matter in reconciliation legislation
(a) In general
When the Senate is considering a reconciliation bill or a
reconciliation resolution pursuant 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 material extraneous to the instructions to a committee
which is contained in any title or provision 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 material extraneous to the instructions to said Committee
as defined in subsection (b) of this section 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 reconciliation resolution considered pursuant to
section 641 of this title shall be considered extraneous if such
provision does not produce a change in outlays 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 extraneous by virtue of this subparagraph); (B) any
provision producing an increase in outlays or decrease in revenues shall
be considered extraneous 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
provision that is not in the jurisdiction of the committee with
jurisdiction over said title or provision shall be considered
extraneous; (D) a provision shall be considered extraneous if it
produces changes in outlays or revenues which are merely incidental to
the non-budgetary components 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 reconciliation 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 (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 Committee which reported the provision certify that: (A) the
provision mitigates direct effects clearly attributable to a provision
changing outlays 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 resolution; (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 authorized by the provision or likely to be proposed,
court rulings on pending litigation, or relationships between economic
indices and stipulated statutory triggers pertaining to the provision,
other than the regulations, court rulings or relationships currently
projected by the Congressional Budget Office for scorekeeping purposes;
or (D) such provision will be likely to produce a significant reduction
in outlays or increase in revenues but, due to insufficient data, such
reduction or increase cannot be reliably estimated.
(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 committee, and the provision sets
forth the procedure 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 reconciliation 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
reconciliation bill or resolution, the Committee on the Budget of the
Senate shall submit for the record a list of material considered to be
extraneous 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 inclusion or exclusion of a provision shall not constitute 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
reconciliation resolution pursuant to section 641 of this title, upon--
(1) a point of order being made by any Senator against
extraneous material meeting the definition of subsections (b)(1)(A),
(b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F) of this section, and
(2) such point of order being sustained,
such material contained in such conference report or amendment shall be
deemed stricken, and the Senate shall proceed, without intervening
action or motion, to consider the question of whether the Senate shall
recede from its amendment and concur with a further amendment, 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 debatable 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 subsection), 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 conference
report violate this section. The Presiding 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 Presiding 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
provisions of an amendment, motion, or conference report) against which
the Presiding Officer sustains the point of order shall be deemed
stricken pursuant to this section. Before the Presiding Officer rules on
such a point of order, any Senator 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
accordance with the rules and precedents of the Senate. After the
Presiding Officer rules on such a point of order, any Senator may appeal
the ruling of the Presiding Officer on such a point of order as it
applies to some or all of the provisions on which the Presiding Officer
ruled.
(Pub. L. 93-344, title III, Sec. 313, formerly Pub. L. 99-272, title XX,
Sec. 20001, Apr. 7, 1986, 100 Stat. 390, as amended Pub. L. 99-509,
title VII, Sec. 7006, Oct. 21, 1986, 100 Stat. 1949; Pub. L. 100-119,
title II, Sec. 205(a), (b), Sept. 29, 1987, 101 Stat. 784; renumbered
Sec. 313 of Pub. L. 93-344 and amended Pub. L. 101-508, title XIII,
Sec. 13214(a)-(b)(4), Nov. 5, 1990, 104 Stat. 1388-621, 1388-622; Pub.
L. 105-33, title X, Sec. 10113(b)(1), Aug. 5, 1997, 111 Stat. 688.)
Codification
Prior to redesignation by Pub. L. 101-508, this section was section
20001 of Pub. L. 99-272, which was not classified to the Code, and
subsec. (c) (now (d)) of this section (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, Sec. 10113(b)(1)(A), redesignated
subsec. (c), relating to point of order, as (d).
Subsec. (d). Pub. L. 105-33, Sec. 10113(b)(1)(A), redesignated
subsec. (c), relating to point of order, as (d) and inserted heading.
Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 105-33, Sec. 10113(b)(1)(B), redesignated
subsec. (d) as (e) and struck out heading and text of former subsec.
(e). Text read as follows: ``For purposes of this section, the levels of
new budget authority, 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 Budget of the Senate.''
1990--Pub. L. 101-508, Sec. 13214(b)(2)(A), inserted ``Extraneous
matter in reconciliation legislation'' as section catchline.
Pub. L. 101-508, Sec. 13214(b)(1), redesignated section 20001 of
Pub. L. 99-272 as this section.
Subsec. (a). Pub. L. 101-508, Sec. 13214(a)(1)(A), inserted heading
``In general''.
Pub. L. 101-508, Sec. 13214(b)(4)(B), substituted ``subsection (b)
of this section'' for ``subsection (d) of this section''.
Pub. L. 101-508, Sec. 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, Sec. 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 appeal 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, Sec. 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, Sec. 13214(b)(2)(B), (C), redesignated
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, Sec. 13214(a)(2), inserted heading ``Extraneous
provisions''.
Subsec. (b)(1)(A). Pub. L. 101-508, Sec. 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, Sec. 13214(a)(3), inserted before semicolon ``(but
a provision in which outlay decreases or revenue increases exactly
offset outlay increases or revenue decreases shall not be considered
extraneous by virtue of this subparagraph)''.
Subsec. (b)(1)(F). Pub. L. 101-508, Sec. 13214(a)(4)-(6), added
subpar. (F).
Subsec. (b)(2). Pub. L. 101-508, Sec. 13214(a)(7), substituted ``A
Senate-originated provision'' for ``A provision''.
Subsec. (b)(2)(C). Pub. L. 101-508, Sec. 13214(b)(4)(C), inserted
``or'' after ``scorekeeping purposes;''.
Subsec. (c). Pub. L. 101-508, Sec. 13214(b)(4)(F), which directed
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, Sec. 13214(b)(4)(E), substituted ``(b)(1)(A),
(b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F) of this section'' for
``(d)(1)(A) or (d)(1)(D) of section 20001 of the Consolidated Omnibus
Budget Reconciliation Act of 1985''.
Pub. L. 101-508, Sec. 13214(b)(4)(D), substituted ``When'' for
``when''.
Pub. L. 101-508, Sec. 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, Sec. 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 Congress, Dec. 19, 1985, as amended by
Senate Resolution No. 509, Ninety-ninth Congress, Oct. 16, 1986.
Pub. L. 101-508, Sec. 13214(b)(2)(C), redesignated subsec. (e),
relating to extraneous materials, as (c).
Pub. L. 101-508, Sec. 13214(b)(2)(B), struck out subsec. (c) which
provided for effective and termination dates of this section.
Subsec. (d). Pub. L. 101-508, Sec. 13214(b)(2)(C), redesignated
subsec. (f) as (d). Former subsec. (d) redesignated (b).
Subsecs. (e) to (g). Pub. L. 101-508, Sec. 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, Sec. 205(a), substituted
``September 30, 1992'' for ``January 2, 1988''.
Subsec. (d)(1)(E). Pub. L. 100-119, Sec. 205(b), which directed that
cl. (E) be added to subsec. (d)(1)(A), was executed to subsec. (d)(1),
as the probable intent of Congress.
1986--Subsec. (c). Pub. L. 99-509, Sec. 7006(b), substituted
``January 2, 1988'' for ``January 2, 1987''.
Pub. L. 99-509, Sec. 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, Sec. 7006(a)(1), substituted
``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 Committee which reported the provision certify that'' for ``(1)(A)
above if'' in introductory provisions.
Subsec. (d)(2)(A). Pub. L. 99-509, Sec. 7006(a)(2), substituted
``the provision mitigates'' for ``it is designed to mitigate the''.
Subsec. (d)(2)(B). Pub. L. 99-509, Sec. 7006(a)(3), substituted
``the provision'' for ``it''.
Subsec. (d)(3). Pub. L. 99-509, Sec. 7006(a)(4), added par. (3).
