§ 691d. — Expedited congressional consideration of disapproval bills.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC691d]
TITLE 2--THE CONGRESS
CHAPTER 17B--IMPOUNDMENT CONTROL AND LINE ITEM VETO
SUBCHAPTER III--LINE ITEM VETO
Sec. 691d. Expedited congressional consideration of disapproval
bills
(a) Receipt and referral of special message
Each special message transmitted under this subchapter shall be
referred to the Committee on the Budget and the appropriate committee or
committees of the Senate and the Committee on the Budget and the
appropriate committee or committees of the House of Representatives.
Each such message shall be printed as a document of the House of
Representatives.
(b) Time period for expedited procedures
(1) There shall be a congressional review period of 30 calendar days
of session, beginning on the first calendar day of session after the
date on which the special message is received in the House of
Representatives and the Senate, during which the procedures contained in
this section shall apply to both Houses of Congress.
(2) In the House of Representatives the procedures set forth in this
section shall not apply after the end of the period described in
paragraph (1).
(3) If Congress adjourns at the end of a Congress prior to the
expiration of the period described in paragraph (1) and a disapproval
bill was then pending in either House of Congress or a committee thereof
(including a conference committee of the two Houses of Congress), or was
pending before the President, a disapproval bill for the same special
message may be introduced within the first five calendar days of session
of the next Congress and shall be treated as a disapproval bill under
this subchapter, and the time period described in paragraph (1) shall
commence on the day of introduction of that disapproval bill.
(c) Introduction of disapproval bills
(1) In order for a disapproval bill to be considered under the
procedures set forth in this section, the bill must meet the definition
of a disapproval bill and must be introduced no later than the fifth
calendar day of session following the beginning of the period described
in subsection (b)(1) of this section.
(2) In the case of a disapproval bill introduced in the House of
Representatives, such bill shall include in the first blank space
referred to in section 691e(6)(C) of this title a list of the reference
numbers for all cancellations made by the President in the special
message to which such disapproval bill relates.
(d) Consideration in House of Representatives
(1) Any committee of the House of Representatives to which a
disapproval bill is referred shall report it without amendment, and with
or without recommendation, not later than the seventh calendar day of
session after the date of its introduction. If any committee fails to
report the bill within that period, it is in order to move that the
House discharge the committee from further consideration of the bill,
except that such a motion may not be made after the committee has
reported a disapproval bill with respect to the same special message. A
motion to discharge may be made only by a Member favoring the bill (but
only at a time or place designated by the Speaker in the legislative
schedule of the day after the calendar day on which the Member offering
the motion announces to the House his intention to do so and the form of
the motion). The motion is highly privileged. Debate thereon shall be
limited to not more than one hour, the time to be divided in the House
equally between a proponent and an opponent. The previous question shall
be considered as ordered on the motion to its adoption without
intervening motion. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order.
(2) After a disapproval bill is reported or a committee has been
discharged from further consideration, it is in order to move that the
House resolve into the Committee of the Whole House on the State of the
Union for consideration of the bill. If reported and the report has been
available for at least one calendar day, all points of order against the
bill and against consideration of the bill are waived. If discharged,
all points of order against the bill and against consideration of the
bill are waived. The motion is highly privileged. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall not be
in order. During consideration of the bill in the Committee of the
Whole, the first reading of the bill shall be dispensed with. General
debate shall proceed, shall be confined to the bill, and shall not
exceed one hour equally divided and controlled by a proponent and an
opponent of the bill. The bill shall be considered as read for amendment
under the five-minute rule. Only one motion to rise shall be in order,
except if offered by the manager. No amendment to the bill is in order,
except any Member if supported by 49 other Members (a quorum being
present) may offer an amendment striking the reference number or numbers
of a cancellation or cancellations from the bill. Consideration of the
bill for amendment shall not exceed one hour excluding time for recorded
votes and quorum calls. No amendment shall be subject to further
amendment, except pro forma amendments for the purposes of debate only.
At the conclusion of the consideration of the bill for amendment, the
Committee shall rise and report the bill to the House with such
amendments as may have been adopted. The previous question shall be
considered as ordered on the bill and amendments thereto to final
passage without intervening motion. A motion to reconsider the vote on
passage of the bill shall not be in order.
(3) Appeals from decisions of the Chair regarding application of the
rules of the House of Representatives to the procedure relating to a
disapproval bill shall be decided without debate.
(4) It shall not be in order to consider under this subsection more
than one disapproval bill for the same special message except for
consideration of a similar Senate bill (unless the House has already
rejected a disapproval bill for the same special message) or more than
one motion to discharge described in paragraph (1) with respect to a
disapproval bill for that special message.
(e) Consideration in Senate
(1) Referral and reporting
Any disapproval bill introduced in the Senate shall be referred
to the appropriate committee or committees. A committee to which a
disapproval bill has been referred shall report the bill not later
than the seventh day of session following the date of introduction
of that bill. If any committee fails to report the bill within that
period, that committee shall be automatically discharged from
further consideration of the bill and the bill shall be placed on
the Calendar.
(2) Disapproval bill from House
When the Senate receives from the House of Representatives a
disapproval bill, such bill shall not be referred to committee and
shall be placed on the Calendar.
(3) Consideration of single disapproval bill
After the Senate has proceeded to the consideration of a
disapproval bill for a special message, then no other disapproval
bill originating in that same House relating to that same message
shall be subject to the procedures set forth in this subsection.
(4) Amendments
(A) Amendments in order
The only amendments in order to a disapproval bill are--
(i) an amendment that strikes the reference number of a
cancellation from the disapproval bill; and
(ii) an amendment that only inserts the reference number
of a cancellation included in the special message to which
the disapproval bill relates that is not already contained
in such bill.
(B) Waiver or appeal
An affirmative vote of three-fifths of the Senators, duly
chosen and sworn, shall be required in the Senate--
(i) to waive or suspend this paragraph; or
(ii) to sustain an appeal of the ruling of the Chair on
a point of order raised under this paragraph.
(5) Motion nondebatable
A motion to proceed to consideration of a disapproval bill under
this subsection shall not be debatable. It shall not be in order to
move to reconsider the vote by which the motion to proceed was
adopted or rejected, although subsequent motions to proceed may be
made under this paragraph.
(6) Limit on consideration
(A) After no more than 10 hours of consideration of a
disapproval bill, the Senate shall proceed, without intervening
action or debate (except as permitted under paragraph (9)), to vote
on the final disposition thereof to the exclusion of all amendments
not then pending and to the exclusion of all motions, except a
motion to reconsider or to table.
(B) A single motion to extend the time for consideration under
subparagraph (A) for no more than an additional five hours is in
order prior to the expiration of such time and shall be decided
without debate.
(C) The time for debate on the disapproval bill shall be equally
divided between the Majority Leader and the Minority Leader or their
designees.
(7) Debate on amendments
Debate on any amendment to a disapproval bill shall be limited
to one hour, equally divided and controlled by the Senator proposing
the amendment and the majority manager, unless the majority manager
is in favor of the amendment, in which case the minority manager
shall be in control of the time in opposition.
(8) No motion to recommit
A motion to recommit a disapproval bill shall not be in order.
(9) Disposition of Senate disapproval bill
If the Senate has read for the third time a disapproval bill
that originated in the Senate, then it shall be in order at any time
thereafter to move to proceed to the consideration of a disapproval
bill for the same special message received from the House of
Representatives and placed on the Calendar pursuant to paragraph
(2), strike all after the enacting clause, substitute the text of
the Senate disapproval bill, agree to the Senate amendment, and vote
on final disposition of the House disapproval bill, all without any
intervening action or debate.
(10) Consideration of House message
Consideration in the Senate of all motions, amendments, or
appeals necessary to dispose of a message from the House of
Representatives on a disapproval bill shall be limited to not more
than four hours. Debate on each motion or amendment shall be limited
to 30 minutes. Debate on any appeal or point of order that is
submitted in connection with the disposition of the House message
shall be limited to 20 minutes. Any time for debate shall be equally
divided and controlled by the proponent and the majority manager,
unless the majority manager is a proponent of the motion, amendment,
appeal, or point of order, in which case the minority manager shall
be in control of the time in opposition.
(f) Consideration in conference
(1) Convening of conference
In the case of disagreement between the two Houses of Congress
with respect to a disapproval bill passed by both Houses, conferees
should be promptly appointed and a conference promptly convened, if
necessary.
(2) House consideration
(A) Notwithstanding any other rule of the House of
Representatives, it shall be in order to consider the report of a
committee of conference relating to a disapproval bill provided such
report has been available for one calendar day (excluding Saturdays,
Sundays, or legal holidays, unless the House is in session on such a
day) and the accompanying statement shall have been filed in the
House.
(B) Debate in the House of Representatives on the conference
report and any amendments in disagreement on any disapproval bill
shall each be limited to not more than one hour equally divided and
controlled by a proponent and an opponent. A motion to further 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.
(3) Senate consideration
Consideration in the Senate of the conference report and any
amendments in disagreement on a disapproval bill shall be limited to
not more than four hours equally divided and controlled by the
Majority Leader and the Minority Leader or their designees. A motion
to recommit the conference report is not in order.
(4) Limits on scope
(A) When a disagreement to an amendment in the nature of a
substitute has been referred to a conference, the conferees shall
report those cancellations that were included in both the bill and
the amendment, and may report a cancellation included in either the
bill or the amendment, but shall not include any other matter.
(B) When a disagreement on an amendment or amendments of one
House to the disapproval bill of the other House has been referred
to a committee of conference, the conferees shall report those
cancellations upon which both Houses agree and may report any or all
of those cancellations upon which there is disagreement, but shall
not include any other matter.
(Pub. L. 93-344, title X, Sec. 1025, as added Pub. L. 104-130,
Sec. 2(a), Apr. 9, 1996, 110 Stat. 1203.)
Termination of Section
For termination of section by section 5 of Pub. L. 104-130, see
Effective and Termination Dates note set out under section 691 of
this title.
Section Referred to in Other Sections
This section is referred to in section 691c of this title.
