§ 907c. — Flexibility among defense programs, projects, and activities.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 2USC907c]
TITLE 2--THE CONGRESS
CHAPTER 20--EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS
SUBCHAPTER I--ELIMINATION OF DEFICITS IN EXCESS OF MAXIMUM DEFICIT
AMOUNT
Sec. 907c. Flexibility among defense programs, projects, and
activities
(a) Reductions beyond amount specified in Presidential order
Subject to subsections (b), (c), and (d) of this section, new budget
authority and unobligated balances for any programs, projects, or
activities within major functional category 050 (other than a military
personnel account) may be further reduced beyond the amount specified in
an order issued by the President under section 904 of this title for
such fiscal year. To the extent such additional reductions are made and
result in additional outlay reductions, the President may provide for
lesser reductions in new budget authority and unobligated balances for
other programs, projects, or activities within major functional category
050 for such fiscal year, but only to the extent that the resulting
outlay increases do not exceed the additional outlay reductions, and no
such program, project, or activity may be increased above the level
actually made available by law in appropriation Acts (before taking
sequestration into account). In making calculations under this
subsection, the President shall use account outlay rates that are
identical to those used in the report by the Director of OMB under
section 904 of this title.
(b) Base closures prohibited
No actions taken by the President under subsection (a) of this
section for a fiscal year may result in a domestic base closure or
realignment that would otherwise be subject to section 2687 of title 10.
(c) Report and joint resolution required
The President may not exercise the authority provided by this
paragraph \1\ for a fiscal year unless--
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\1\ So in original. Probably should be ``section''.
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(1) the President submits a single report to Congress
specifying, for each account, the detailed changes proposed to be
made for such fiscal year pursuant to this section;
(2) that report is submitted within 5 calendar days of the start
of the next session of Congress; and
(3) a joint resolution affirming or modifying the changes
proposed by the President pursuant to this paragraph \1\ becomes
law.
(d) Introduction of joint resolution
Within 5 calendar days of session after the President submits a
report to Congress under subsection (c)(1) of this section for a fiscal
year, the majority leader of each House of Congress shall (by request)
introduce a joint resolution which contains provisions affirming the
changes proposed by the President pursuant to this paragraph.\1\
(e) Form and title of joint resolution
(1) The matter after the resolving clause in any joint resolution
introduced pursuant to subsection (d) of this section shall be as
follows: ``That the report of the President as submitted on [Insert
Date] under section 258B is hereby approved.''
(2) The title of the joint resolution shall be ``Joint resolution
approving the report of the President submitted under section 258B of
the Balanced Budget and Emergency Deficit Control Act of 1985.''
(3) Such joint resolution shall not contain any preamble.
(f) Calendaring and consideration of joint resolution in Senate
(1) A joint resolution introduced in the Senate under subsection (d)
of this section shall be referred to the Committee on Appropriations,
and if not reported within 5 calendar days (excluding Saturdays,
Sundays, and legal holidays) from the date of introduction shall be
considered as having been discharged therefrom and shall be placed on
the appropriate calendar pending disposition of such joint resolution in
accordance with this subsection. In the Senate, no amendment proposed in
the Committee on Appropriations shall be in order other than an
amendment (in the nature of a substitute) that is germane or relevant to
the provisions of the joint resolution or to the order issued under
section 904 of this title. For purposes of this paragraph, an amendment
shall be considered to be relevant if it relates to function 050
(national defense).
(2) On or after the third calendar day (excluding Saturdays,
Sundays, and legal holidays) beginning after a joint resolution is
placed on the Senate calendar, 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 such joint resolution is placed on the
appropriate calendar. The motion is not debatable. 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.
(g) Debate of joint resolution; motions
(1) In the Senate, debate on a joint resolution introduced under
subsection (d) 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).
(2) 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. In the Senate, a motion to recommit the joint resolution
is not in order.
(h) Amendment of joint resolution
(1) No amendment that is not germane or relevant 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. For purposes of this paragraph,
an amendment shall be considered to be relevant if it relates to
function 050 (national defense). 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.
(2) 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, so long as
the amendment makes or maintains mathematical consistency. 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.
(3) It shall not be in order in the Senate to consider any amendment
to any joint resolution introduced under subsection (d) of this section
or any conference report thereon if such amendment or conference report
would have the effect of decreasing any specific budget outlay
reductions below the level of such outlay reductions provided in such
joint resolution unless such amendment or conference report makes a
reduction in other specific budget outlays at least equivalent to any
increase in outlays provided by such amendment or conference report.
(4) For purposes of the application of paragraph (3), the level of
outlays and specific budget outlay reductions provided in an amendment
shall be determined on the basis of estimates made by the Committee on
the Budget of the Senate.
(i) Vote on final passage of joint resolution
Immediately following the conclusion of the debate on a joint
resolution introduced under subsection (d) 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 subsection (h) of this section, the vote on final
passage of the joint resolution shall occur.
(j) Appeal from decision of Chair
Appeals from the decisions of the Chair relating to the application
of the rules of the Senate to the procedure relating to a joint
resolution described in subsection (d) of this section shall be decided
without debate.
(k) Conference reports
In the Senate, points of order under titles III and IV of the
Congressional Budget Act of 1974 [2 U.S.C. 631 et seq., 651 et seq.]
(including points of order under sections 302(c), 303(a), 306, and
401(b)(1) [2 U.S.C. 633(c), 634(a), 637, 651(b)(1)]) are applicable to a
conference report on the joint resolution or any amendments in
disagreement thereto.
(l) Resolution from other House
If, before the passage by the Senate of a joint resolution of the
Senate introduced under subsection (d) of this section, the Senate
receives from the House of Representatives a joint resolution introduced
under subsection (d) of this section, then the following procedures
shall apply:
(1) The joint resolution of the House of Representatives shall
not be referred to a committee.
(2) With respect to a joint resolution introduced under
subsection (d) of this section in the Senate--
(A) the procedure in the Senate shall be the same as if no
joint resolution had been received from the House; but
(B)(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.
(3) Upon disposition of the joint resolution received from the
House, it shall no longer be in order to consider the joint
resolution originated in the Senate.
(m) Senate action on House resolution
If the Senate receives from the House of Representatives a joint
resolution introduced under subsection (d) of this section after the
Senate has disposed of a Senate originated joint 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. 258B, as added Pub. L. 101-508, title
XIII, Sec. 13101(g), Nov. 5, 1990, 104 Stat. 1388-597.)
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
Section 258B, referred to in subsec. (e)(1), (2), means section 258B
of Pub. L. 99-177, which is classified to this section.
The Congressional Budget Act of 1974, referred to in subsec. (k), 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.) of chapter
17A of this title. For complete classification of this Act to the Code,
see Short Title note set out under section 621 of this title and Tables.
