2 U.S.C. § 907b: Modification of Presidential…

Summary

The majority leader of either the House or the Senate may, after the Director of OMB issues a final sequestration report for a fiscal year and before the 20th calendar day of the next session of Congress, introduce a joint resolution that directs the President to change the most recent sequestration order or to offer a different way to cut the deficit for that fiscal year. Once the first such joint resolution is filed in a House in a calendar year, no other similar resolution in that same House that year gets these special fast-track rules. If the Senate gets one of these resolutions, it is not sent to committee and is put on the calendar. Any Senator may move to take up the resolution starting on the third calendar day after it is filed (Saturdays, Sundays, and legal holidays do not count) but not after the eighth such day. Debate is limited to 10 hours total, split equally between the majority and minority leaders. Amendments must be related to the resolution or the sequestration order and each amendment’s debate is limited to 30 minutes. No motions to postpone, reconsider, or recommit are allowed. The final vote happens right after debate and handling any amendments, with one quorum call allowed. Appeals of the Chair’s rulings are decided without debate. Budget Act rules apply to conference reports, and if the House and Senate file similar resolutions, the rules explain which version is voted on and how the texts are combined.

Title 2, §907b

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(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) 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), 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), 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), 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 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.

(7)Resolution from other House

If, before the passage by the Senate of a joint resolution of the Senate introduced under subsection (a), the Senate receives from the House of Representatives a joint resolution introduced under subsection (a), 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) 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) 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.

Notes & Related Subsidiaries

Editorial Notes

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. Titles III and IV of the Act are classified generally to subchapters I (§ 631 et seq.) and II (§ 651 et seq.), respectively, of chapter 17A of this title. Title VI of the Act was classified generally to subchapter IV (§ 665 et seq.) of chapter 17A of this title prior to repeal by Pub. L. 105–33, title X, § 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.

§907b Modification of Presidential Order