Congressional Budget Reform Act

317. Special reconciliation instructions

(a) In general. If the Director of the Congressional Budget Office submits a report under section 202(h) indicating that the fiscal targets of the United States by the end of the last fiscal year covered by the most recently agreed to concurrent resolution on the budget will not be achieved, not later than April 15 of the first fiscal year covered by such resolution, the Committee on the Budget of the Senate shall report to the Senate a simple resolution—

(1) specifying a total level of deficit reduction to be achieved and the period during which such reduction is to be achieved; and

(2) containing directives to 1 or more committees of the Senate specifying the total amount by which new budget authority or new entitlement authority contained in laws within the jurisdiction of each such committee is to be changed or revenues are to be changed to achieve the total level of deficit reduction.

(b) Consideration of special reconciliation resolution

(1) Placement on calendar. A resolution reported under subsection (a) by the Committee on the Budget of the Senate shall be placed immediately on the calendar.

(2) Motion to proceed

(A) In general. In the Senate, 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) to move to proceed to the consideration of a resolution reported under subsection (a) and all points of order against the resolution (and against consideration of the resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. 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 a resolution reported under subsection (a) is agreed to, the resolution shall remain the unfinished business of the Senate until disposed of.

(B) Resolution from the Committee on the Budget. It shall not be in order to move to proceed to the consideration of a resolution containing the matter described in paragraphs (1) and (2) of subsection (a) that was not reported by the Committee on the Budget of the Senate.

(3) Consideration

(A) In general. In the Senate, consideration of a resolution reported under subsection (a), and on all amendments, debatable motions, and appeals in connection therewith, shall be limited to not more than 10 hours.

(B) General debate. After the Senate proceeds to a resolution reported under subsection (a), there shall be period of not more than 2 hours for general debate on the resolution, which shall be divided equally between those favoring and those opposing the resolution.

(C) Amendments

(i) Period. In the Senate, consideration of any amendment to a resolution reported under subsection (a) shall be limited to 1 hour, which shall be divided equally between those favoring and those opposing the amendment.

(ii) Alternating opportunity to offer

(I) In general. The opportunity to offer and have immediately considered an amendment to a resolution reported under subsection (a) shall alternate between the members of the majority and the members of the minority.

(II) Elect not to offer. If the members of the majority or the members of the minority elect not to offer an amendment when presented an opportunity under this clause (including under subclause (III) of this clause), the members of the minority or the members of the majority, respectively, shall have the opportunity to offer and have immediately considered an amendment to the resolution reported under subsection (a).

(III) Return to alternating opportunity. After an amendment offered under subclause (II) by the members of the majority or the members of the minority is disposed of, the members of the minority or the members of the majority, respectively, shall have the opportunity to offer and have immediately considered an amendment to the resolution reported under subsection (a).

(iii) Requirements for amendments. The only amendments in order to a resolution reported under subsection (a) shall be—

(I) an amendment proposing to change an amount specified in the resolution;

(II) an amendment proposing to add directives described in subsection (a)(2) for 1 or more committees; and

(III) an amendment proposing to strike directives described in subsection (a)(2) for 1 or more committees.

(D) Further limit on consideration. A motion further to limit consideration is in order and not debatable. A motion to postpone, a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order.

(E) Time during votes not counted. For purposes of determining the end of the period of consideration of a resolution reported under subsection (a), or an amendment thereto, any time during a vote of the Senate shall not be counted.

(4) Vote on passage. After the conclusion of the period for consideration of a resolution reported under subsection (a), the Senate shall proceed, without any further debate on any question, to vote on the final disposition thereof to the exclusion of all amendments not then actually pending before the Senate at that time and to the exclusion of all motions, except a motion to table or to reconsider and 1 quorum call on demand to establish the presence of a quorum (and motions required to establish a quorum) immediately before the vote on adoption of the resolution begins.

(5) Rulings of the chair on procedure. Appeals from the decisions of the Chair relating to the application of this subsection or the rules of the Senate, as the case may be, to the procedure relating to a resolution reported under subsection (a) shall be decided without debate.

(c) Recommendations of committees. If a resolution is reported under subsection (a), not later than May 15 of the year in which the resolution is reported, each committee for which the resolution contains directives shall submit to the Committee on the Budget of the Senate recommended changes in laws within the jurisdiction of the committee that comply with subsection (a)(2).

(d) Special reconciliation procedure

(1) In general. Subject to paragraph (2), after each committee for which a resolution reported under subsection (a) contained directives has reported recommended changes to the Committee on the Budget of the Senate, the Committee shall report to the Senate special reconciliation legislation carrying out all such recommendations without any substantive revision.

(2) Failure to report compliant recommendations. If 1 or more committees do not report recommendations that comply with subsections (a)(2) and (c), the Committee on the Budget of the Senate—

(A) shall report to the Senate special reconciliation legislation carrying out all reported recommendations that comply with subsections (a)(2) and (c), without any substantive revision; and

(B) may include in the legislation reported under subparagraph (A) changes in laws within the jurisdiction of each noncompliant committee, if the changes in law comply with subsection (a)(2).

(e) Limits on special reconciliation bills

(1) Extraneous material

(A) In general. It shall not be in order to consider any provision in legislation reported under subsection (d) that contains material extraneous (within the meaning given that term under section 313) to the directives to the applicable committee.

(B) Point of order sustained. If a point of order is made by a Senator against a provision described in subparagraph (A), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor.

(C) Form of the point of order. A point of order under subparagraph (A) may be raised by a Senator as provided in section 313(e).

(D) Conference reports. When the Senate is considering a conference report on, or an amendment between the Houses in relation to, legislation reported under subsection (d), upon a point of order being made by any Senator pursuant to subparagraph (A), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed 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. 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 subparagraph), no further amendment shall be in order.

(E) Supermajority waiver and appeal. In the Senate, this paragraph may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of Members of the Senate, 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 paragraph.

(2) Deficit reduction required

(A) Each title reduces the deficit

(i) In general. It shall not be in order to consider any title in legislation reported under subsection (d) that would increase the deficit over—

(I) the period during which the level of deficit reduction specified in subsection (a)(1) is to be achieved; or

(II) the period covered by the most recently agreed to concurrent resolution on the budget.

(ii) Point of order sustained. If a point of order is made by a Senator against a title described in clause (i), and the point of order is sustained by the Chair, that title shall be stricken from the measure and may not be offered as an amendment from the floor.

(iii) Form of the point of order. A point of order under clause (i) may be raised by a Senator as provided in section 313(e).

(iv) Conference reports. When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to clause (i), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed 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. 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 clause), no further amendment shall be in order.

(v) Supermajority waiver and appeal. In the Senate, this subparagraph may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of Members of the Senate, 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 subparagraph.

(B) No amendments reducing the amount of deficit reduction

(i) In general. It shall not be in order to consider an amendment to legislation reported under subsection (d) that would reduce the amount of the decrease in the deficit, as compared to the legislation as reported by the Committee on the Budget of the Senate, over—

(I) the period during which the level of deficit reduction specified in subsection (a)(1) is to be achieved; or

(II) the period covered by the most recently agreed to concurrent resolution on the budget.

(ii) Supermajority waiver and appeal. In the Senate, this subparagraph may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of Members of the Senate, 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 subparagraph.

(f) Consideration of special reconciliation bills

(1) Deadline. Not later than July 30 of the first fiscal year to which the applicable concurrent resolution applies, the Senate shall proceed to consideration of legislation reported under subsection (d).

(2) Procedures

(A) In general. Except as provided in subparagraph (B), and subject to subsection (e), if the Committee on the Budget of the Senate reports legislation under subsection (d), the provisions of section 305 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 such legislation and conference reports thereon.

(B) Exceptions

(i) Debate. Debate in the Senate on any legislation reported under subsection (d), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours.

(ii) Amendments. Paragraph (6) of section 305(b) shall not apply to legislation reported under subsection (d).

(C) Vetoes. If the President vetoes legislation reported under subsection (d), in the Senate there shall be not more than 1 hour of debate on the veto message, equally divided between the majority and minority leaders or their designees.

(3) Special rules for revenue measures

(A) In general. If the legislation reported under subsection (d) is a revenue measure, the majority leader shall submit for publication in the Congressional Record a written statement identifying a bill of the House of Representatives that is a revenue measure and that shall be used as the vehicle for consideration of the legislation reported under subsection (d).

(B) Motion to proceed. A motion to proceed to the consideration of a bill of the House of Representatives identified in a written statement under subparagraph (A) shall not be debatable.

(C) Substitute amendment

(i) In general. If a motion to proceed to a bill of the House of Representatives identified in a written statement under subparagraph (A) is agreed to, the majority leader shall offer an amendment in the nature of a substitute to the bill, which shall consist only of the text of the legislation reported under subsection (d).

(ii) Treatment of text. An amendment in the nature of a substitute offered under clause (i) shall be—

(I) deemed to be agreed to, subject to further amendment;

(II) treated as original text for purposes of germaneness and further amendment; and

(III) considered in the same manner as legislation reported under subsection (d), in accordance with paragraph (2) of this subsection.

(D) No effect on points of order. The fact that legislation reported under subsection (d) is considered as an amendment in the nature of a substitute to a bill of the House of Representatives shall not preclude any point of order that would lie against the legislation if the legislation were considered as a bill of the Senate reported by the Committee on the Budget under subsection (d).

(g) Limitation. The procedures in the Senate for consideration of any legislation under this section shall only apply during the first fiscal year covered by the applicable concurrent resolution on the budget.

Sec. 317. Special reconciliation instructions.