§ 907b. — Modification of Presidential order.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC907b]
TITLE 2--THE CONGRESS
CHAPTER 20--EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS
SUBCHAPTER I--ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT
AMOUNT
Sec. 907b. Modification of Presidential order
(a) Introduction of joint resolution
At any time after the Director of OMB issues a final sequestration
report under section 904 of this title for a fiscal year, but before the
close of the twentieth calendar day of the session of Congress beginning
after the date of issuance of such report, the majority leader of either
House of Congress may introduce a joint resolution which contains
provisions directing the President to modify the most recent order
issued under section 904 of this title or provide an alternative to
reduce the deficit for such fiscal year. After the introduction of the
first such joint resolution in either House of Congress in any calendar
year, then no other joint resolution introduced in such House in such
calendar year shall be subject to the procedures set forth in this
section.
(b) Procedures for consideration of joint resolutions
(1) Referral to committee
A joint resolution introduced in the Senate under subsection (a)
of this section shall not be referred to a committee of the Senate
and shall be placed on the calendar pending disposition of such
joint resolution in accordance with this subsection.
(2) Consideration in Senate
On or after the third calendar day (excluding Saturdays,
Sundays, and legal holidays) beginning after a joint resolution is
introduced under subsection (a) of this section, notwithstanding any
rule or precedent of the Senate, including Rule XXII of the Standing
Rules of the Senate, it is in order (even though a previous motion
to the same effect has been disagreed to) for any Member of the
Senate to move to proceed to the consideration of the joint
resolution. The motion is not in order after the eighth calendar day
(excluding Saturdays, Sundays, and legal holidays) beginning after a
joint resolution (to which the motion applies) is introduced. The
joint resolution is privileged in the Senate. A motion to reconsider
the vote by which the motion is agreed to or disagreed to shall not
be in order. If a motion to proceed to the consideration of the
joint resolution is agreed to, the Senate shall immediately proceed
to consideration of the joint resolution without intervening motion,
order, or other business, and the joint resolution shall remain the
unfinished business of the Senate until disposed of.
(3) Debate in Senate
(A) In the Senate, debate on a joint resolution introduced under
subsection (a) of this section, amendments thereto, and all
debatable motions and appeals in connection therewith shall be
limited to not more than 10 hours, which shall be divided equally
between the majority leader and the minority leader (or their
designees).
(B) A motion to postpone, or a motion to proceed to the
consideration of other business is not in order. A motion to
reconsider the vote by which the joint resolution is agreed to or
disagreed to is not in order, and a motion to recommit the joint
resolution is not in order.
(C)(i) No amendment that is not germane to the provisions of the
joint resolution or to the order issued under section 904 of this
title shall be in order in the Senate. In the Senate, an amendment,
any amendment to an amendment, or any debatable motion or appeal is
debatable for not to exceed 30 minutes to be equally divided
between, and controlled by, the mover and the majority leader (or
their designees), except that in the event that the majority leader
favors the amendment, motion, or appeal, the minority leader (or the
minority leader's designee) shall control the time in opposition to
the amendment, motion, or appeal.
(ii) In the Senate, an amendment that is otherwise in order
shall be in order notwithstanding the fact that it amends the joint
resolution in more than one place or amends language previously
amended. It shall not be in order in the Senate to vote on the
question of agreeing to such a joint resolution or any amendment
thereto unless the figures then contained in such joint resolution
or amendment are mathematically consistent.
(4) Vote on final passage
Immediately following the conclusion of the debate on a joint
resolution introduced under subsection (a) of this section, a single
quorum call at the conclusion of the debate if requested in
accordance with the rules of the Senate, and the disposition of any
pending amendments under paragraph (3), the vote on final passage of
the joint resolution shall occur.
(5) Appeals
Appeals from the decisions of the Chair shall be decided without
debate.
(6) Conference reports
In the Senate, points of order under titles III, IV, and VI \1\
of the Congressional Budget Act of 1974 [2 U.S.C. 631 et seq., 651
et seq.] are applicable to a conference report on the joint
resolution or any amendments in disagreement thereto.
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\1\ See References in Text note below.
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(7) Resolution from other House
If, before the passage by the Senate of a joint resolution of
the Senate introduced under subsection (a) of this section, the
Senate receives from the House of Representatives a joint resolution
introduced under subsection (a) of this section, then the following
procedures shall apply:
(A) The joint resolution of the House of Representatives
shall not be referred to a committee and shall be placed on the
calendar.
(B) With respect to a joint resolution introduced under
subsection (a) of this section in the Senate--
(i) the procedure in the Senate shall be the same as if
no joint resolution had been received from the House; but
(ii)(I) the vote on final passage shall be on the joint
resolution of the House if it is identical to the joint
resolution then pending for passage in the Senate; or
(II) if the joint resolution from the House is not
identical to the joint resolution then pending for passage
in the Senate and the Senate then passes the Senate joint
resolution, the Senate shall be considered to have passed
the House joint resolution as amended by the text of the
Senate joint resolution.
(C) Upon disposition of the joint resolution received from
the House, it shall no longer be in order to consider the
resolution originated in the Senate.
(8) Senate action on House resolution
If the Senate receives from the House of Representatives a joint
resolution introduced under subsection (a) of this section after the
Senate has disposed of a Senate originated resolution which is
identical to the House passed joint resolution, the action of the
Senate with regard to the disposition of the Senate originated joint
resolution shall be deemed to be the action of the Senate with
regard to the House originated joint resolution. If it is not
identical to the House passed joint resolution, then the Senate
shall be considered to have passed the joint resolution of the House
as amended by the text of the Senate joint resolution.
(Pub. L. 99-177, title II, Sec. 258A, as added Pub. L. 101-508, title
XIII, Sec. 13101(f), Nov. 5, 1990, 104 Stat. 1388-595.)
Termination of Section
For termination of section by section 275(b) of Pub. L. 99-177,
as amended, see Effective and Termination Dates note set out under
section 900 of this title.
References in Text
The Congressional Budget Act of 1974, referred to in subsec. (b)(6),
is titles I to IX of Pub. L. 93-344, July 12, 1974, 88 Stat. 297, as
amended. Titles III and IV of the Act are classified generally to
subchapters I (Sec. 631 et seq.) and II (Sec. 651 et seq.),
respectively, of chapter 17A of this title. Title VI of the Act was
classified generally to subchapter IV (Sec. 665 et seq.) of chapter 17A
of this title prior to repeal by Pub. L. 105-33, title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695. For complete classification of this Act to
the Code, see Short Title note set out under section 621 of this title
and Tables.
