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social security revenues specified in the most

EFFECTIVE DATE OF 1990 AMENDMENT recently adopted concurrent resolution on the

Amendment by section 13303(d) of Pub. L. 101-508 budget; and

applicable with respect to fiscal years beginning on or (II) estimated social security revenues shall after Oct. 1, 1990, see section 13306 of Pub. L. 101-508, be deemed to be reduced by the excess of esti- set out as a note under section 632 of this title. mated social security outlays (including social security outlays provided for in the bill, reso

EFFECTIVE DATE OF 1985 AMENDMENT lution, amendment, or conference report with Amendment by Pub. L. 99-177 effective Dec. 12, respect to which this subsection is applied)

1985, and applicable with respect to fiscal years begin. above the appropriate level of social security

ning after Sept. 30, 1985, see section 275(a)(1) of Pub. ol tlays specified in the most recently adopted

L. 99-177, set out as an Effective and Termination

Dates note under section 900 of this title. concurrent resolution on the budget; and (iii) no provision of any bill or resolution, or

SECTION REFERRED TO IN OTHER SECTIONS any amendment thereto or conference report

This section is referred to in sections 6650, 665e, thereon, involving a change in chapter 1 of

907a of this title. the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) shall be treated as affecting the 8 643. Effects of points of order amount of social security revenues unless such provision changes the income tax treat- (a) · Points of order in Senate against amendments ment of social security benefits.

between Houses The chairman of the Committee on the Budget

Each provision of this Act that establishes a of the Senate may file with the Senate appro

point of order against an amendment also espriately revised allocations under section 633(a)

tablishes a point of order in the Senate against of this title and revised functional levels and

an amendment between the Houses. If a point aggregates to reflect the application of the pre

of order under this Act is raised in the Senate ceding sentence. Such revised allocations, func

against an amendment between the Houses, tional levels, and aggregates shall be considered

and the Presiding Officer sustains the point of as allocations, functional levels, and aggregates

order, the effect shall be the same as if the contained in the most recently agreed to con

Senate had disagreed to the amendment. current resolution on the budget, and the ap- (b) Effect of a point of order on a bill in Senate propriate committees shall report revised allo

In the Senate, if the Chair sustains a point of cations pursuant to section 633(b) of this title.

order under this Act against a bill, the Chair [See main edition for text of (b) and (c)]

shall then send the bill to the committee of ap

propriate jurisdiction for further consideration. (As amended Pub. L. 101-508, title XIII, $$ 13112(a)(10), 13207(a)(1)(E), 13303(d), Nov. 5,

(Pub. L. 93-344, title III, § 312, as added Pub. L. 1990, 104 Stat. 1388-608, 1388-617, 1388-626.)

101-508, title XIII, § 13207(b)(1), Nov. 5, 1990,

104 Stat. 1388-618.) REFERENCES IN TEXT

REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in subsec. (a)(2)(B)(iii), is classified generally to Title 26, This Act, referred to in text, means Pub. L. 93-344, Internal Revenue Code.

July 12, 1974, 88 Stat. 297, as amended, known as the

Congressional Budget and Impoundment Control Act AMENDMENTS

of 1974, which enacted chapters 17, 17A and 17B, and 1990--Subsec. (a). Pub. L. 101-508, § 13303(d), desig

section 190a-3 of this title and sections 11a, 11c, 11d, nated existing provisions as par. (1), redesignated

1020a of former Title 31, Money and Finance, amendformer pars. (1) to (3) thereof as subpars. (A) to (C),

ed sections 11, 665, 701, 1020, 1151, 1152, 1153, and respectively, and added par. (2).

1154 of former Title 31, section 105 of Title 1, General Pub. L. 101-508, $ 13207(a)(1)(E), substituted "bill,

Provisions, sections 190b and 190d of this title, rejoint resolution, amendment, motion, or conference pealed sections 571 and 5810-1 of former Title 31 and report" for "bill, resolution, or amendment” and

sections 66 and 81 of this title, and enacted provisions struck out "or any conference report on any such bill

set out as notes under sections 190a-1, 621, 632, and or resolution” after "reducing revenues for such fiscal 682 of this title, section 105 of Title 1, and section 1020 year,”.

of former Title 31. For complete classification of this Pub. L. 101-508, § 13112(a)(10), in closing provisions, Act to the Code, see Short Title note set out under substituted "except in the case that a declaration of section 621 of this title and Tables. war by the Congress is in effect" for “or, in the Senate, would otherwise result in a deficit for such 8 644. Extraneous matter in reconciliation legislation fiscal year that"(A) for fiscal year 1989 or any subsequent fiscal

(a) In general year, exceeds the maximum deficit amount specified When the Senate is considering a reconciliafor such fiscal year in section 622(7) of this title; and

tion bill or a reconciliation resolution pursuant "(B) for fiscal year 1988 or 1989, exceeds the

to section 641 of this title (whether that bill or amount of the estimated deficit for such fiscal year

resolution originated in the Senate or the based on laws and regulations in effect on January 1

House) or section 907d of this title, upon a of the calendar year in which such fiscal year begins as measured using the budget baseline specified in

point of order being made by any Senator section 901(a)(6) of this title minus $23,000,000,000 against material extraneous to the instructions for fiscal year 1988 or $36,000,000,000 for fiscal year to a committee which is contained in any title 1989;

or provision of the bill or resolution or offered except to the extent that paragraph (1) of section as an amendment to the bill or resolution, and 632(i) of this title or section 635(b) of this title, as the case may be, does not apply by reason of paragraph (2) of such subsection.”

1 Subsection designation editorially supplied.

101-58 nữ ca 101-52

sion will be likely to produce a significant reduction in outlays or increase in revenues but, due to insufficient data, such reduction or increase cannot be reliably estimated.

(3) A provision reported by a committee shall not be considered extraneous under paragraph (1)(C) if (A) the provision is an integral part of a provision or title, which if introduced as a bill or resolution would be referred to such committee, and the provision sets forth the procedure to carry out or implement the substantive provisions that were reported and which fall within the jurisdiction of such committee; or (B) the provision states an exception to, or a special application of, the general provision or title of which it is a part and such general provision or title if introduced as a bill or resolution would be referred to such committee.

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the point of order is sustained by the Chair, any part of said title or provision that contains material extraneous to the instructions to said Committee as defined in subsection (b) of this section shall be deemed stricken from the bill and may not be offered as an amendment from the floor. (b) Extraneous provisions

(1)(A) Except as provided in paragraph (2), a provision of a reconciliation bill or reconciliation resolution considered pursuant to section 641 of this title shall be considered extraneous if such provision does not produce a change in outlays or revenues, including changes in outlays and revenues brought about by changes in the terms and conditions under which outlays are made or revenues are required to be collected (but a provision in which outlay decreases or revenue increases exactly offset outlay increases or revenue decreases shall not be considered extraneous by virtue of this subparagraph); (B) any provision producing an increase in outlays or decrease in revenues shall be considered extraneous if the net effect of provisions reported by the committee reporting the title containing the provision is that the committee fails to achieve its reconciliation instructions; (C) a provision that is not in the jurisdiction of the committee with jurisdiction over said title or provision shall be considered extraneous; (D) a provision shall be considered extraneous if it produces changes in outlays or revenues which are merely incidental to the nonbudgetary components of the provision; (E) a provision shall be considered to be extraneous if it increases, or would increase, net outlays, or if it decreases, or would decrease, revenues during a fiscal year after the fiscal years covered by such reconciliation bill or reconciliation resolution, and such increases or decreases are greater than outlay reductions or revenue increases resulting from other provisions in such title in such year; and (F) a provision shall be considered extraneous if it violates section 641(g) of this title.

(2) A Senate-originated provision shall not be considered extraneous under paragraph (1)(A) if the Chairman and Ranking Minority Member of the Committee on the Budget and the Chairman and Ranking Minority Member of the Committee which reported the provision certify that: (A) the provision mitigates direct effects clearly attributable to a provision changing outlays or revenues and both provisions together produce a net reduction in the deficit; (B) the provision will result in a substantial reduction in outlays or a substantial increase in revenues during fiscal years after the fiscal years covered by the reconciliation bill or reconciliation resolution; (C) a reduction of outlays or an increase in revenues is likely to occur as a result of the provision, in the event of new regulations authorized by the provision or likely to be proposed, court rulings on pending litigation, or relationships between economic indices and stipulated statutory triggers pertaining to the provision, other than the regulations, court rulings or relationships currently projected by the Congressional Budget Office for scorekeeping purposes; or (D) such provi

(c) i Point of order

When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a reconciliation bill or reconciliation resolution pursuant to section 641 of this title, upon

(1) a point of order being made by any Senator against extraneous material meeting the definition of subsections (b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F) of this section, and

(2) such point of order being sustained, such material contained in such conference report or amendment shall be deemed stricken, and the Senate shall proceed, without intervening action or motion, 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 for two hours. 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 subsection), no further amendment shall be in order.

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(c) 1 Extraneous materials

Upon the reporting or discharge of a reconciliation bill or resolution pursuant to section 641 of this title in the Senate, and again upon the submission of a conference report on such a reconciliation bill or resolution, the Committee on the Budget of the Senate shall submit for the record a list of material considered to be extraneous under subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this section to the instructions of a committee as provided in this section. The inclusion or exclusion of a provision shall not constitute a determination of extraneousness by the Presiding Officer of the Senate, (d) General point of order

Notwithstanding any other law or rule of the Senate, it shall be in order for a Senator to

So in original. Two subsecs. (c) have been enacted.

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(2) Whenever a conference report is filed in (4) specify and direct any combination of either House and such conference report or any the matters described in paragraphs (1), (2), amendment reported in disagreement or any and (3) (including a direction to achieve defiamendment contained in the joint statement of cit reduction). managers to be proposed by the conferees in the case of technical disagreement on such bill

[See main edition for text of (6)] or resolution provides new budget authority (other than continuing appropriations), new (c) Compliance with reconciliation directions spending authority described in section

(1) Any committee of the House of Repre651(c)(2) of this title, or new credit authority,

sentatives or the Senate that is directed, pursu. or provides an increase or decrease in revenues

ant to a concurrent resolution on the budget, to for a fiscal year (or fiscal years), the statement

determine and recommend changes of the type of managers accompanying such conference report shall contain the information described

described in paragraphs (1) and (2) of subsec

tion (a) of this section with respect to laws in paragraph (1), if available on a timely basis.

within its jurisdiction, shall be deemed to have If such information is not available when the conference report is filed, the committee shall

complied with such directions

(A) ifmake such information available to Members as soon as practicable prior to the consideration of

(i) the amount of the changes of the type such conference report.

described in paragraph (1) of such subsec

tion recommended by such committee do (b) Up-to-date tabulations of Congressional budget not exceed or fall below the amount of the action

changes such committee was directed by (1) The Director of the Congressional Budget such concurrent resolution to recommend Office shall issue to the committees of the under such paragraph by more than 20 perHouse of Representatives and the Senate re- cent of the total of the amounts of the ports on at least a monthly basis detailing and changes such committee was directed to tabulating the progress of congressional action make under paragraphs (1) and (2) of such on bills and resolutions providing new budget subsection, and authority, new spending authority described in (ii) the amount of the changes of the type section 651(c)(2) of this title, or new credit au- described in paragraph (2) of such subsecthority, or providing an increase or decrease in tion recommended by such committee do revenues or tax expenditures for each fiscal not exceed or fall below the amount of the year covered by a concurrent resolution on the changes such committee was directed by budget. Such reports shall include but are not such concurrent resolution to recommend limited to an up-to-date tabulation comparing under that paragraph by more than 20 perthe appropriate aggregate and functional levels cent of the total of the amounts of the (including outlays) included in the most recent- changes such committee was directed to ly adopted concurrent resolution on the budget make under paragraphs (1) and (2) of such with the levels provided in bills and resolutions subsection; and reported by committees or adopted by either

(B) if the total amount of the changes recHouse or by the Congress, and with the levels

ommended by such committee is not less than provided by law for the fiscal year preceding

the total of the amounts of the changes such the first fiscal year covered by the appropriate

committee was directed to make under paraconcurrent resolution.

graphs (1) and (2) of such subsection. [See main edition for text of (2); (c)]

(2)(A) Upon the reporting to the Committee (As amended Pub. L. 101-508, title XIII,

on the Budget of the Senate of a recommenda$ 13206, Nov. 5, 1990, 104 Stat. 1388-617.)

tion that shall be deemed to have complied

with such directions solely by virtue of this subAMENDMENTS

section, the chairman of that committee may 1990_Subsec. (a)(1). Pub. L. 101-508, § 13206(a)(1), file with the Senate appropriately revised alloinserted “(or fiscal years)" after “fiscal year" in intro- cations under section 633(a) of this title and reductory provisions and in subpars. (A) and (C).

vised functional levels and aggregates to carry Subsec. (aX2). Pub. L. 101-508, § 13206(b), inserted

out this subsection. "(or fiscal years)" after “fiscal year". Subsec. (b)(1). Pub. L. 101-508, § 13206(c), substitut

(B) Upon the submission to the Senate of a ed "for each fiscal year covered by a concurrent reso

conference report recommending a reconcilialution on the budget" for "for a fiscal year" in first tion bill or resolution in which a committee sentence, and "the first fiscal year covered by the ap- shall be deemed to have complied with such dipropriate concurrent resolution” for “such fiscal year" rections solely by virtue of this subsection, the in second sentence.

chairman of the Committee on the Budget of

the Senate may file with the Senate appropri8 641. Reconciliation

ately revised allocations under section 633(a) of (a) Inclusion of reconciliation directives in concur. this title and revised functional levels and ag. rent resolutions on the budget

gregates to carry out this subsection. A concurrent resolution on the budget for (C) Allocations, functional levels, and aggre. any fiscal year, to the extent necessary to effec- gates revised pursuant to this paragraph shall tuate the provisions and requirements of such

be considered to be allocations, functional resolution, shall

levels, and aggregates contained in the concur

rent resolution on the budget pursuant to sec(See main edition for text of (1) to (3)] tion 632 of this title.

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(See main edition for text of (d) and (e)] (f) Completion of reconciliation process

It shall not be in order in the House of Representatives to consider any resolution providing for an adjournment period of more than three calendar days during the month of July until the House of Representatives has completed action on the reconciliation legislation for the fiscal year beginning on October 1 of the calendar year to which the adjournment resolution pertains, if reconciliation legislation is required to be reported by the concurrent resolution on the budget for such fiscal year. (g) Limitation on changes to Social Security Act

Notwithstanding any other provision of law, it shall not be in order in the Senate or the House of Representatives to consider any reconciliation bill or reconciliation resolution reported pursuant to a concurrent resolution on the budget agreed to under section 632 or 635 of this title, or a joint resolution pursuant to section 907d of this title, or any amendment thereto or conference report thereon, that contains recommendations with respect to the oldage, survivors, and disability insurance program established under title II of the Social Security Act (42 U.S.C. 401 et seq.). (As amended Pub. L. 101-508, title XIII, $$ 13112(a)(9), 13207(c), (d), 13210(2), Nov. 5, 1990, 104 Stat. 1388-608, 1388-618 to 1388-620.)

AMENDMENTS 1990-Subsec. (a) 4). Pub. L. 101-508, § 13207(d), inserted before period at end "(including a direction to achieve deficit reduction)".

Subsec. (c). Pub. L. 101-508, § 13207(c), designated existing provisions as par. (1), redesignated former par. (1) and subpars. (A) and (B) thereof as subpar. (A) and cls. (i) and (ii), respectively, redesignated former par. (2) as subpar. (B) of par. (1), and added par. (2).

Subsec. (f). Pub. L. 101-508, § 13210(2), struck out par. (1) heading “In general" and text which directed Congress to complete action on any reconciliation bill or reconciliation resolution reported under subsec. (b) of this section not later than June 15 of each year, and struck out the par. (2) designation and heading “Point of order in the House of Representatives”.

Subsec. (g). Pub. L. 101-508, § 13112(a)(9), substituted "joint resolution pursuant" for "resolution pursuant" and "section 907d of this title" for "section 904(b) of this title".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 632, 644, 6650, 9072, 907d of this title.

either the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report providing new budget authority for such fiscal year, providing new entitlement authority effective during such fiscal year, or reducing revenues for such fiscal year,,'

i if(A) the enactment of such bill or resolution as reported;

(B) the adoption and enactment of such amendment; or

(C) the enactment of such bill or resolution in the form recommended in such conference

report; would cause the appropriate level of total new budget authority or total budget outlays set forth in the most recently agreed to concurrent resolution on the budget for such fiscal year to be exceeded, or would cause revenues to be less than the appropriate level of total revenues set forth in such concurrent resolution except in the case that a declaration of war by the Congress is in effect.

(2)(A) After the Congress has completed action

concurrent resolution on the budget, it shall not be in order in the Senate to consider any bill, resolution, amendment, motion, or conference report that would cause the appropriate level of total new budget authority or total budget outlays or social security outlays set forth for the first fiscal year in the most recently agreed to concurrent resolution on the budget covering such fiscal year to be exceeded, or would cause revenues to be less than the appropriate level of total revenues (or social security revenues to be less than the appropriate level of social security revenues) set forth for the first fiscal year covered by the resolution and for the period including the first fiscal year plus the following 4 fiscal years in such concurrent resolution. (B) In applying this paragraph

(i)(I) estimated social security outlays shall be deemed to be reduced by the excess of estimated social security revenues (including those provided for in the bill, resolution, amendment, or conference report with respect to which this subsection is applied) over the appropriate level of Social Security revenues specified in the most recently agreed to concurrent resolution on the budget;

(II) estimated social security revenues shall be deemed to be increased to the extent that estimated social security outlays are less (taking into account the effect of the bill, resolution, amendment, or conference report to which this subsection is being applied) than the appropriate level of social security outlays in the most recently agreed to concurrent resolution on the budget; and

(ii)(I) estimated Social Security outlays shall be deemed to be increased by the shortfall of estimated social security revenues (including Social Security revenues provided for in the bill, resolution, amendment, or conference report with respect to which this subsection is applied) below the appropriate level of

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8 642. New budget authority, new spending authority,

and revenue legislation to be within appropriate

levels (a) Legislation subject to point of order

(1) Except as provided by subsection (b) of this section, after the Congress has completed action on a concurrent resolution on the budget for a fiscal year, it shall not be in order in

1 So in original.

social security revenues specified in the most

EFFECTIVE DATE OF 1990 AMENDMENT recently adopted concurrent resolution on the

Amendment by section 13303(d) of Pub. L. 101-508 budget; and

applicable with respect to fiscal years beginning on or (II) estimated social security revenues shall after Oct. 1, 1990, see section 13306 of Pub. L. 101-508, be deemed to be reduced by the excess of esti- set out as a note under section 632 of this title. mated social security outlays (including social security outlays provided for in the bill, reso

EFFECTIVE DATE Or 1985 AMENDMENT lution, amendment, or conference report with Amendment by Pub. L. 99-177 effective Dec. 12, respect to which this subsection is applied) 1985, and applicable with respect to fiscal years begin. above the appropriate level of social security

ning after Sept. 30, 1985, see section 275(a)(1) of Pub. ou tlays specified in the most recently adopted

L. 99-177, set out as an Effective and Termination

Dates note under section 900 of this title. concurrent resolution on the budget; and (ii) no provision of any bill or resolution, or

SECTION REFERRED TO IN OTHER SECTIONS any amendment thereto or conference report

This section is referred to in sections 6650, 665e, thereon, involving a change in chapter 1 of

907a of this title. the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.) shall be treated as affecting the 8 643. Effects of points of order amount of social security revenues unless such provision changes the income tax treat

(a)' Points of order in Senate against amendments ment of social security benefits.

between Houses The chairman of the Committee on the Budget

Each provision of this Act that establishes a of the Senate may file with the Senate appro

point of order against an amendment also espriately revised allocations under section 633(a)

tablishes a point of order in the Senate against of this title and revised functional levels and

an amendment between the Houses. If a point

of order under this Act is raised in the Senate aggregates to reflect the application of the preceding sentence. Such revised allocations, func

against an amendment between the Houses, tional levels, and aggregates shall be considered

and the Presiding Officer sustains the point of as allocations, functional levels, and aggregates

order, the effect shall be the same as if the contained in the most recently agreed to con

Senate had disagreed to the amendment. current resolution on the budget, and the ap- (b) Effect of a point of order on a bill in Senate propriate committees shall report revised allo

In the Senate, if the Chair sustains a point of cations pursuant to section 633(b) of this title.

order under this Act against a bill, the Chair [See main edition for text of (b) and (c)]

shall then send the bill to the committee of ap

propriate jurisdiction for further consideration. (As amended Pub. L. 101-508, title XIII, $$ 13112(a)(10), 13207(a)(1)(E), 13303(d), Nov. 5,

(Pub. L. 93-344, title III, § 312, as added Pub. L. 1990, 104 Stat. 1388-608, 1388-617, 1388-626.)

101-508, title XIII, § 13207(b)(1), Nov. 5, 1990,

104 Stat. 1388-618.) REFERENCES IN TEXT

REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in subsec. (a)(2)(B)(iii), is classified generally to Title 26,

This Act, referred to in text, means Pub. L. 93-344, Internal Revenue Code.

July 12, 1974, 88 Stat. 297, as amended, known as the

Congressional Budget and Impoundment Control Act
AMENDMENTS

of 1974, which enacted chapters 17, 17A and 17B, and 1990–Subsec. (a). Pub. L. 101-508, $ 13303(d), desig.

section 190a-3 of this title and sections 11a, 11c, 11d, nated existing provisions as par. (1), redesignated

1020a of former Title 31, Money and Finance, amendformer pars. (1) to (3) thereof as subpars. (A) to (C),

ed sections 11, 665, 701, 1020, 1151, 1152, 1153, and respectively, and added par. (2).

1154 of former Title 31, section 105 of Title 1, General Pub. L. 101-508, § 13207(a)(1)(E), substituted “bill,

Provisions, sections 1905 and 190d of this title, rejoint resolution, amendment, motion, or conference

pealed sections 571 and 5810-1 of former Title 31 and report" for "bill, resolution, or amendment" and sections 66 and 81 of this title, and enacted provisions struck out “or any conference report on any suc bill set out as notes under sections 190a-1, 621, 632, and or resolution" after "reducing revenues for such fiscal 682 of this title, section 105 of Title 1, and section 1020 year,".

of former Title 31. For complete classification of this Pub. L. 101-508, § 13112(a)(10), in closing provisions,

Act to the Code, see Short Title note set out under substituted "except in the case that a declaration of

section 621 of this title and Tables. war by the Congress is in effect” for “or, in the Senate, would otherwise result in a deficit for such

8 644. Extraneous matter in reconciliation legislation fiscal year that(A) for fiscal year 1989 or any subsequent fiscal

(a) In general year, exceeds the maximum deficit amount specified When the Senate is considering a reconciliafor such fiscal year in section 622(7) of this title; and tion bill or a reconciliation resolution pursuant "(B) for fiscal year 1988 or 1989, exceeds the

to section 641 of this title (whether that bill or amount of the estimated deficit for such fiscal year

resolution originated in the Senate or the based on laws and regulations in effect on January 1 of the calendar year in which such fiscal year begins

House) or section 907d of this title, upon a as measured using the budget baseline specified in

point of order being made by any Senator section 901(a)(6) of this title minus $23,000,000,000 against material extraneous to the instructions for fiscal year 1988 or $36,000,000,000 for fiscal year to a committee which is contained in any title 1989;

or provision of the bill or resolution or offered except to the extent that paragraph (1) of section

as an amendment to the bill or resolution, and 632(i) of this title or section 635(b) of this title, as the case may be, does not apply by reason of paragraph (2) of such subsection."

· Subsection designation editorially supplied.

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