[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
[117th Congress]
[House Document 116-177]
[Legislate Procedures Enacted in Law]
[Pages 1321-1328]
[From the U.S. Government Publishing Office, www.gpo.gov]
29. Balanced Budget and Emergency Deficit Control Act [2 U.S.C. 904(i),
907a-907c]
[[Page 1322]]
SEC. 254. REPORTS AND ORDERS.
* * * * *
These excerpts are provided for quick reference. They include the
provisions of the Act that relate directly to House procedure. Sections
258-258C primarily provide for reporting and consideration of
legislation in the Senate; therefore, only portions of those sections
are carried here.
(i) Low-Growth Report.--At any time, CBO shall notify the Congress
if--
(1) during the period consisting of the quarter during which
such notification is given, the quarter preceding such
notification and the 4 quarters following such notification, CBO
or OMB has determined that real economic growth is projected or
estimated to be less than zero with respect to each of any 2
consecutive quarters within such period; or
(2) the most recent of the Department of Commerce's advance
preliminary or final reports of actual real economic growth
indicate that the rate of real economic growth for each of the
most recently reported quarter and the immediately preceding
* * * * *
SEC. 258. SUSPENSION IN THE EVENT OF WAR OR LOW GROWTH.
quarter is less than one percent.
(a) Procedures in the Event of a Low-Growth Report.--
(1) Trigger.--Whenever CBO issues a low-growth report under
section 254(i), the Majority Leader of the House of
Representatives may, and the Majority Leader of the Senate
shall, introduce a joint resolution (in the form set forth in
paragraph (2)) declaring that the conditions specified in
section 254(i) are met and suspending the relevant provisions of
this title, titles III and VI of the Congressional Budget Act of
1974, and section 1103 of title 31, United States Code.
(2) Form of joint resolution.--
(A) The matter after the resolving clause in any joint
resolution introduced pursuant to paragraph (1) shall be
as follows: ``That the Congress declares that the
conditions specified in section 254(j) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are
met, and the implementation of the Congressional Budget
and Impoundment Control Act of 1974, chapter 11 of title
31, United States Code, and part C of the Balanced
Budget and Emergency Deficit Control Act of 1985 are
[[Page 1323]]
modified as described in section
258(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.''.
(B) The title of the joint resolution shall be ``Joint
resolution suspending certain provisions of law pursuant
to section 258(a)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985.''; and the joint
resolution shall not contain any preamble.
(3) Committee action.--Each joint resolution introduced
pursuant to paragraph (1) shall be referred to the appropriate
committees of the House of Representatives or the Committee on
the Budget of the Senate, as the case may be; and such Committee
shall report the joint resolution to its House without amendment
on or before the fifth day on which such House is in session
after the date on which the joint resolution is introduced. If
the Committee fails to report the joint resolution within the
five-day period referred to in the preceding sentence, it shall
be automatically discharged from further consideration of the
joint resolution, and the joint resolution shall be placed on
the appropriate calendar.
(4) Consideration of joint resolution.--(A) A vote on final
passage of a joint resolution reported to the Senate or
discharged pursuant to paragraph (3) shall be taken on or before
the close of the fifth calendar day of session after the date on
which the joint resolution is reported or after the Committee
has been discharged from further consideration of the joint
resolution. If prior to the passage by one House of a joint
resolution of that House, that House receives the same joint
resolution from the other House, then--
(i) the procedure in that House shall be the same as
if no such joint resolution had been received from the
other House, but
(ii) the vote on final passage shall be on the joint
resolution of the other House.
When the joint resolution is agreed to, the Clerk of the House
of Representatives (in the case of a House joint resolution
agreed to in the House of Representatives) or the Secretary of
the Senate (in the case of a Senate joint resolution agreed to
in the Senate) shall cause the joint resolution to be engrossed,
[[Page 1324]]
certified,
and transmitted to the other House of the Congress as soon as
practicable.
* * * * *
(b) Suspension of Sequestration Procedures.--Upon the enactment of a
declaration of war or a joint resolution described in subsection (a)--
(1) the subsequent issuance of any sequestration report or any
sequestration order is precluded;
(2) sections 302(f), 310(d), 311(a), and title VI of the
Congressional Budget Act of 1974 are suspended; and
(3) section 1103 of title 31, United States Code, is
suspended.
(c) Restoration of Sequestration Procedures.--(1) In the event of a
suspension of sequestration procedures due to a declaration of war,
then, effective with the first fiscal year that begins in the session
after the state of war is concluded by Senate ratification of the
necessary treaties, the provisions of subsection (b) triggered by that
declaration of war are no longer effective.
SEC. 258A. MODIFICATION OF PRESIDENTIAL ORDER.
(2) In the event of a suspension of sequestration procedures due to
the enactment of a joint resolution described in subsection (a), then,
effective with regard to the first fiscal year beginning at least 12
months after the enactment of that resolution, the provisions of
subsection (b) triggered by that resolution are no longer effective.
[[Page 1325]]
(a) Introduction of Joint Resolution.--At any time after the Director
of OMB issues a final sequestration report under section 254 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 254 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.--
* * * * *
(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
[[Page 1326]]
SEC. 258B. FLEXIBILITY AMONG DEFENSE PROGRAMS, PROJECTS, AND ACTIVITIES.
text of the Senate joint resolution.
(a) Subject to subsections (b), (c), and (d), 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 254 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 254.
(b) No actions taken by the President under subsection (a) for a
fiscal year may result in a domestic base closure or realignment that
would otherwise be subject to section 2687 of title 10, United States
Code.
(c) The President may not exercise the authority provided by this
paragraph for a fiscal year unless--
(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 becomes
law.
(d) Within 5 calendar days of session after the President submits a
report to Congress under subsection (c)(1) 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.
[[Page 1327]]
as follows: ``That the report of the President as submitted on [Insert
Date] under section 258B is hereby approved.''.
(e)(1) The matter after the resolving clause in any joint resolution
introduced pursuant to subsection (d) shall be
(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.
(l) If, before the passage by the Senate of a joint resolution of the
Senate introduced under subsection (d), the Senate receives from the
House of Representatives a joint resolution introduced under subsection
(d), 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) 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.
[[Page 1328]]
House as amended by the text of the Senate joint resolution.
(m) If the Senate receives from the House of Representatives a joint
resolution introduced under subsection (d) 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
Sec. 1130(30)