PART E MISCELLANEOUS AND RELATED PROVISIONS SEC. 271. WAIVERS AND SUSPENSIONS; RULEMAKING POWERS. (a) BUDGET ACT WAIVERS IN THE SENATE. -- Section 904 of the Congressional Budget Act of 1974 is amended by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following new subsection: "(c) Sections 305(b) (2) and 306 of this Act may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.". - (b) OTHER WAIVERS AND SUSPENSIONS IN THE SENATE. Sections 301(i), 302(c), 302(f), 304(b), 310(d), 310(g), and 311(a) of the Congressional Budget Act of 1974 may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. This subsection shall not apply to any joint resolution reported or discharged pursuant to section 254(a) of this joint resolution.' 1617 1617 Section 13208(a)(1) of the Budget Enforcement Act (see infra p. 643) amended section 904(c) of the Congressional Budget Act (see supra p. 298) to address many of the matters addressed by this subsection. Congress meant for section 904(c) of the Congressional Budget Act to supersede this subsection, although when section 13208 of the Budget Enforcement Act (see infra pp. 643-644) added the material to section 904(c), it mistakenly did not repeal this subsection. To the extent that direct conflicts exist, however, the later-enacted language of section 904(c) of the Congressional Budget Act takes precedence over that of this subsection. Section 904(c) of the Congressional Budget Act provides: (c) WAIVER. -- Sections 305(b)(2), 305(c)(4), 306, 904(c), and 904(d) may be waived or suspended in the Senate only by the affirmative vote of (c) APPEALS OF RULINGS. An affirmative vote of threefifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under section 301(i), 302(c), 302(f), 304(b), 306, 310(d), 310(g), or 311(a) of the Congressional Budget Act of 1974. 1618 1617 (...continued) three-fifths of the Members, duly chosen and sworn. Sections 301(i), 302(c), See supra p. 298 1618 Section 210 of the Balanced Budget and Emergency Deficit Reduction Reaffirmation Act of 1987 added this subsection. Section 13208(a)(1) of the Budget Enforcement Act (see infra p. 643) amended section 904(d) of the Congressional Budget Act (see supra p. 302) to address many of the matters addressed by this subsection. Congress meant for section 904(d) of the Congressional Budget Act to supersede this subsection, although when section 13208 of the Budget Enforcement Act (see infra pp. 643-644) added the material to section 904(d), it mistakenly did not repeal this subsection. To the extent that direct conflicts exist, however, the later-enacted language of section 904(d) of the Congressional Budget Act takes precedence over that of this subsection. Section 904(d) of the Congressional Budget Act provides: (d) Appeals in the Senate from the decisions of the Chair relating to any provision of title III or IV or section 1017 shall, except as otherwise provided therein, be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, concurrent resolution, reconciliation bill, or rescission bill, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under sections 305(b)(2), 305(c)(4), 306, 904(c), and 904(d). An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under sections 301(i), 302(c), 302(f), 310(d)(2), 310(f), 311(a), 313, 601(b), and 606(c) of this Act and sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1), 258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (d) 1619 RULEMAKING POWERS. The provisions of this title, other than those relating to the activities of the executive and judicial branches of the Government, are enacted by the Congress (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House. 1619 This was originally subsection (c). Section 210 of the Balanced Budget and Emergency Deficit Reduction Reaffirmation Act of 1987 redesignated this subsection as SEC. 272. RESTORATION OF TRUST FUND INVESTMENTS. (a) RESTORATION OF SOCIAL SECURITY TRUST FUNDS AND CERTAIN OTHER FUNDS. (1) REISSUANCE OF OBLIGATIONS. -- The Secretary of the Treasury shall immediately reissue to each fund listed in paragraph (3) obligations under chapter 31 of title 31, United States Code, which are identical, with respect to interest rate and maturity, to public debt obligations held by such fund which - (A) were redeemed during the period beginning with September 1, 1985, and ending with September 29, 1985, and (B) as determined by such Secretary on the basis of standard investment procedures for such fund in effect on September 1, 1985, would not have been redeemed if H.J. Res. 372 (99th Congress, 1st Session), as deemed passed by the House of Representatives on August 1, 1985, had been enacted into law on August 1, 1985. Such obligations shall be substituted for obligations which are held by such fund on the date of the enactment of this joint resolution in a manner which will ensure that, after such substitution, the holdings of such fund will replicate to the maximum extent practicable the holdings which would have been held by such fund on such date if H.J. Res. 372 (99th Congress, 1st Session), as deemed passed by the House of Representatives on August 1, 1985, had been enacted into law on August 1, 1985. |