H. Con. Res. 71 (115th Congress)

Concurrent Resolution on the Budget
for Fiscal Year 2018

Section 5113

TITLE V—BUDGET PROCESS IN THE HOUSE OF REPRESENTATIVES

Subtitle A—Budget Enforcement

SEC. 5113. MODIFICATION OF RECONCILIATION IN THE HOUSE OF REPRESENTATIVES.

(a) In General.—Section 2002 shall have no force or effect.

(b) Reconciliation in the House of Representatives.—Not later than November 13, 2017, the Committee on Ways and Means of the House of Representatives shall report to the House of Representatives changes in laws within its jurisdiction that increase the deficit by not more than $1,500,000,000,000 for the period of fiscal years 2018 through 2027.

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Counsel Notes

H. Con. Res. 71, as Passed by the House

This section does not reflect the reconciliation instructions included in H. Con. Res. 71 (115th Congress), which were included in section 201 of that resolution.

Deactivation of Reconciliation Instruction Earlier in the Concurrent Resolution

Section 2002, which contains reconciliation instructions for the House Ways and Means Committee and the House Resources Committee,  was originally included in S. Con. Res. 25 (115th Congress), the Concurrent Resolution on the Budget for Fiscal Year 2018, reported by the Senate Budget Committee on October 13, 2017. The Senate received H. Con. Res. 71 (115th Congress), after it the House passed it on October  on October 5, 2017, and amended it by replacing its text with S. Con. Res 25. This version of the resolution was considered, debated and amended, but late in the process, House and Senate Leadership, likely in order to avoid a time consuming conference process, decided to add a new title V at the end of the Senate amendment.

Instead of amending the underlying inconsistent reconciliation instructions, title V, which was provided to the Senate by House Leadership, deactivated the inconsistent section 2002 using section 5113(a) as set forth here. While this leads to confusion, shows sloppy drafting, and could have been easily avoided with small effort, this section had the desired effect of replacing the House reconciliation instructions for multiple committees in section 2002 with these instructions only to the House Ways and Means Committee.

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[BCR  § 010.43]