[House Prints 112-3]
[From the U.S. Government Printing Office]






                           [COMMITTEE PRINT]

                     COMPILATION OF LAWS AND RULES

                     RELATING TO THE CONGRESSIONAL

                             BUDGET PROCESS



                   AS AMENDED THROUGH AUGUST 3, 2012

                               ----------                              

                        COMMITTEE ON THE BUDGET

                     U.S. HOUSE OF REPRESENTATIVES




                           Serial No. CP-3

           Printed for the use of the Committee on the Budget










                           [COMMITTEE PRINT]
 
                     COMPILATION OF LAWS AND RULES

                     RELATING TO THE CONGRESSIONAL

                             BUDGET PROCESS



                   AS AMENDED THROUGH AUGUST 3, 2012

                               __________

                        COMMITTEE ON THE BUDGET

                     U.S. HOUSE OF REPRESENTATIVES





                            Serial No. CP-3



           Printed for the use of the Committee on the Budget

                                  _____

                  U.S. GOVERNMENT PRINTING OFFICE

 75-001                   WASHINGTON : 2012
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                        COMMITTEE ON THE BUDGET

                     PAUL RYAN, Wisconsin, Chairman
SCOTT GARRETT, New Jersey            CHRIS VAN HOLLEN, Maryland,
MICHAEL K. SIMPSON, Idaho              Ranking Minority Member
JOHN CAMPBELL, California            ALLYSON Y. SCHWARTZ, Pennsylvania
KEN CALVERT, California              MARCY KAPTUR, Ohio
W. TODD AKIN, Missouri               LLOYD DOGGETT, Texas
TOM COLE, Oklahoma                   EARL BLUMENAUER, Oregon
TOM PRICE, Georgia                   BETTY McCOLLUM, Minnesota
TOM McCLINTOCK, California           JOHN A. YARMUTH, Kentucky
JASON CHAFFETZ, Utah                 BILL PASCRELL, Jr., New Jersey
MARLIN A. STUTZMAN, Indiana          MICHAEL M. HONDA, California
JAMES LANKFORD, Oklahoma             TIM RYAN, Ohio
DIANE BLACK, Tennessee               DEBBIE WASSERMAN SCHULTZ, Florida
REID J. RIBBLE, Wisconsin            GWEN MOORE, Wisconsin
BILL FLORES, Texas                   KATHY CASTOR, Florida
MICK MULVANEY, South Carolina        HEATH SHULER, North Carolina
TIM HUELSKAMP, Kansas                KAREN BASS, California
TODD C. YOUNG, Indiana               SUZANNE BONAMICI, Oregon
JUSTIN AMASH, Michigan
TODD ROKITA, Indiana
FRANK C. GUINTA, New Hampshire
ROB WOODALL, Georgia

                           Professional Staff

                     Austin Smythe, Staff Director
                Thomas S. Kahn, Minority Staff Director



                              INTRODUCTION

                              ----------                              


    This compilation includes the relevant Congressional 
procedures, statutes, rules, scorekeeping guidelines and other 
matter related to the budget making process of the United 
States. Congress estimates the spending, revenue, deficit and 
debt levels of the budget of the United States for each fiscal 
year. The fiscal years after the budget year are also included 
in that budget. A ``budget year'' is defined in law as the 
fiscal year encompassing October 1 through September 30 of the 
calendar year in which a session of Congress first meets which 
occurs early in January of each year.
    The consideration, adoption, and enforcement of spending, 
revenue, deficit and debt limit legislation each year must 
comply with the parameters set by the budget.
    Each year, Congress must adopt a budget. This takes the 
form as a ``Concurrent Resolution on the Budget'' for a fiscal 
year. This budget resolution, though its terms are set in law 
in the Congressional Budget Act of 1974, is tantamount, in 
application, to the Rules of both the House of Representatives 
and the Senate.
    Statutory controls in law are enforcement procedures that 
uphold spending, revenue, deficits and debt levels after 
legislation has been adopted. If that legislation causes those 
levels to be exceeded, certain changes automatically take 
effect, a procedure known as sequestration.
The Congressional Budget and Impoundment Control Act of 1974
    The Congressional Budget and Impoundment Control Act of 
1974 (Public Law 93-344; 2 U.S.C. 621 et seq.) is the law that 
sets the foundation for the congressional budget process. It 
established the Committees on the Budget in the House of 
Representatives and the Senate and the Congressional Budget 
Office. It outlines their functions and duties, and established 
the requirements for adopting the concurrent resolution on the 
budget for each fiscal year.
Balanced Budget and Emergency Deficit Control Act of 1985
    The Balanced Budget and Emergency Deficit Control Act of 
1985 (BBEDCA), also known as the Gramm-Rudman-Hollings Act, was 
enacted as title II of Public Law 99-177 (2 U.S.C. 900 et 
seq.). It was included in the law increasing the statutory debt 
limit. BBEDCA included several significant budget process 
changes including: the requirement of one budget resolution 
each year (rather than two), the requirement that budget 
resolution reports include committee allocations of spending, 
and points of order to enforce budget levels in an adopted 
budget resolution. BBEDCA notably established deficit targets 
for fiscal years 1985 through 1990 and sequestration procedures 
to enforce those targets. The enforcement provisions were 
revised pursuant to the Balanced Budget and Emergency Deficit 
Control Reaffirmation Act of 1987 following the ruling in 
Bowsher v. Synar (478 U.S. 714) (1986) that found some aspects 
unconstitutional. However, in 1990, Congress effectively 
replaced deficit-target enforcement by adopting discretionary 
spending limits and Pay-As-You-Go Rules pursuant to the Budget 
Enforcement Act of 1990.
Budget Enforcement Act of 1990
    The Budget Enforcement Act of 1990 (BEA) was enacted as 
title XIII of the Omnibus Budget Reconciliation Act of 1990 
(Public Law 101-508). The BEA added new points of order and 
procedures to the budget process, which are included in this 
compilation, such as freestanding provisions on the off-budget 
status of Social Security. It also incorporated a modified 
version of the Senate's reconciliation Rule on extraneous 
matter (Byrd Rule) into the CBA. The BEA also established Pay-
As-You-Go (PAYGO) procedures, which required that direct 
spending increases and revenue decreases be offset with either 
direct spending decreases or revenue increases. In addition, 
the BEA established discretionary spending limits, which placed 
caps on appropriations. These provisions replaced the deficit-
target procedures of BBEDCA. BEA enforcement was extended 
twice--first under title XIV of the Omnibus Budget 
Reconciliation Act of 1993 (Public Law 103-66) and last under 
title X of the Balanced Budget Act of 1997 (Public Law 105-
33)--before ultimately terminating in 2002.
Unfunded Mandates Reform Act of 1995
    The Unfunded Mandates Reform Act of 1995 (Public Law 104-4) 
established procedures to consider federal unfunded mandates 
imposed on state and local governments (intergovernmental 
mandates) and the private sector. Sections of the Unfunded 
Mandates Reform Act are incorporated in title IV of the CBA. 
This compilation also includes several selected freestanding 
provisions of the Unfunded Mandates Reform Act.
Line Item Veto Act of 1996
    The Line Item Veto Act of 1996 (Public Law 104-130) 
established procedures to allow the President to cancel 
specific budgetary provisions in laws signed by the President 
without the approval of Congress. The United States Supreme 
Court found the Line Item Veto Act of 1996 unconstitutional in 
Clinton, et al. v. City of New York, et al., 118 S.Ct. 2091 
(1998).
Emergency Economic Stabilization Act of 2008
    In 2008, Congress enacted the ``Emergency Economic 
Stabilization Act of 2008'' (EESA) (Public Law 110-343). It 
provided for the purchase of troubled mortgage-related assets 
by the Federal government pursuant to the Troubled Assets 
Relief Program (TARP). EESA included several budget-related 
provisions, such as providing that activities conducted under 
TARP be estimated under the Federal Credit Reform Act of 1990 
(2 U.S.C. 661 et seq.) modified to use a risk-adjusted discount 
rate. It also included a requirement that the Office of 
Management and Budget submit a proposal five years after 
enactment of the Act enabling Congress to recoup from the 
financial industry any losses to taxpayers and reporting 
requirements for the Office of Management and Budget and the 
Congressional Budget Office related to the Act.
Statutory Pay-As-You-Go Act of 2010
    In 2010, Congress enacted the ``Statutory Pay-As-You-Go Act 
of 2010.'' (Public Law 111-139). It included new methods of 
enforcing certain sections of the ``Balanced Budget and 
Emergency Deficit Control Act of 1985.'' It amended certain 
sections of the Balanced Budget and Emergency Deficit Control 
Act of 1985 such as the sequestrable base and established pay 
as you go requirements.
Budget Control Act of 2011
    The Budget Control Act of 2011 authorized an increase in 
the public debt limit of at least $2.1 trillion (and up to $2.4 
trillion under certain conditions). The increase was subject to 
a disapproval process requiring the support of two-thirds of 
each chamber to prevent a debt limit increase.
    The Act established statutory caps on discretionary 
spending through 2021. It established a Joint Select Committee 
on Deficit Reduction. This select committee was to report a 
bill reducing the federal deficit by $1.2 trillion over a 10-
year period ending in fiscal year 2021. The legislation from 
the joint committee would be considered under procedures that 
prevent amendment and limit debate.
Budget Submitted to Congress by the President
    The Congressional Budget Act of 1974 requires the President 
to submit a budget by the first Monday in February of each 
calendar year. Chapter 11 of Title 31 of the United States Code 
sets out the specific items that the President must include in 
the budget submission.
Scorekeeping
    The Congressional Budget Office, the Office of Management 
and Budget, and the House and Senate Budget Committees follow 
specific Rules for determining the budgetary effects of 
legislation known as scorekeeping guidelines. These guidelines 
are reviewed regularly but are only changed if Congress and the 
Administration are in agreement on proposed changes.
Advance Appropriations
    Since 2001, the annual concurrent resolution on the budget 
has included limits on the amounts and uses of advance 
appropriations. This includes an overall spending level and a 
set number of accounts allowed to receive advance budget 
authority. each set out in the report or joint statement of 
managers of the budget resolution, as applicable.


                            C O N T E N T S

                               __________
                                                                   Page
Congressional Budget and Impoundment Control Act of 1974
    Sec. 1. Short titles; table of contents......................     3
    Sec. 2. Declaration of purposes..............................     5
    Sec. 3. Definitions..........................................     5
    Title I--Establishment of House and Senate Budget Committees:
        Sec. 101. Budget Committee of the House of 
          Representatives........................................     8
        Sec. 102. Budget Committee of the Senate.................     9
    Title II--Congressional Budget Office:
        Sec. 201. Establishment of office........................    11
        Sec. 202. Duties and functions...........................    13
        Sec. 203. Public access to budget data...................    16
    Title III--Congressional Budget Process:
        Sec. 300. Timetable......................................    18
        Sec. 301. Annual adoption of concurrent resolution on the 
          budget.................................................    18
        Sec. 302. Committee allocations..........................    22
        Sec. 303. Concurrent resolution on the budget must be 
          adopted before budget-related legislation is considered    26
        Sec. 304. Permissible revisions of concurrent resolutions 
          on the budget..........................................    27
        Sec. 305. Provisions relating to the consideration of 
          concurrent resolutions on the budget...................    27
        Sec. 306. Legislation dealing with congressional budget 
          must be handled by Budget Committees...................    30
        Sec. 307. House committee action on all appropriation 
          bills to be completed by June 10.......................    30
        Sec. 308. Reports, summaries, and projections of 
          congressional budget actions...........................    30
        Sec. 309. House approval of regular appropriation bills..    32
        Sec. 310. Reconciliation.................................    33
        Sec. 311. Budget-related legislation must be within 
          appropriate levels.....................................    36
        Sec. 312. Determinations of points of order..............    38
        Sec. 313. Extraneous matter in reconciliation legislation    39
        Sec. 314. Adjustments....................................    41
        Sec. 315. Effect of adoption of a special order of 
          business in the House of Representatives...............    43
    Title IV--Additional Provisions to Improve Fiscal Procedures:
        Part A--General Provisions:
            Sec. 401. Budget-related legislation not subject to 
              appropriations.....................................    44
            Sec. 402. Analysis by Congressional Budget Office....    45
            Sec. 403. Jurisdiction of Appropriations Committees..    46
            Sec. 404. Study by the General Accounting Office of 
              forms of federal financial commitment that are not 
              reviewed annually by Congress......................    46
            Sec. 405. Off-budget agencies, programs, and 
              activities.........................................    46
            Sec. 406. Member user group..........................    47
        Part B--Federal Mandates:
            Sec. 421. Definitions................................    47
            Sec. 422. Exclusions.................................    50
            Sec. 423. Duties of congressional committees.........    50
            Sec. 424. Duties of the Director; statements on bills 
              and joint resolutions other than appropriations 
              bills and joint resolutions........................    52
            Sec. 425. Legislation subject to point of order......    54
            Sec. 426. Provisions relating to the House of 
              Representatives....................................    56
            Sec. 427. Requests to the Congressional Budget Office 
              from senators......................................    57
            Sec. 428. Clarification of application...............    57
    Title V--Credit Reform:
        Sec. 500. Short title....................................    59
        Sec. 501. Purposes.......................................    59
        Sec. 502. Definitions....................................    59
        Sec. 503. OMB and CBO analysis, coordination and review..    61
        Sec. 504. Budgetary treatment............................    61
        Sec. 505. Authorizations.................................    63
        Sec. 506. Treatment of deposit insurance and agencies and 
          other insurance programs...............................    64
        Sec. 507. Effect on other laws...........................    65
    Title VI--Amendments to Budget and Accounting Act of 1921 
      [Repealed]
    Title VII--Program Review and Evaluation:
        Sec. 701. Review and evaluation of standing committees...    67
        Sec. 702. Review and evaluation by the Comptroller 
          General................................................    67
        Sec. 703. Continuing study of additional budget reform 
          proposals..............................................    67
    Title VIII--Fiscal and Budgetary Information and Controls:
        Sec. 801. Amendment to Legislative Reorganization Act of 
          1970...................................................    69
        Sec. 802. Changes in functional categories...............    69
    Title IX--Miscellaneous Provisions; Effective Dates:
        Sec. 901. Amendments to the Rules of the House...........    70
        Sec. 902. Conforming amendments to the Standing Rules of 
          the Senate.............................................    70
        Sec. 903. Amendments to the Legislative Reorganization 
          Act of 1946............................................    71
        Sec. 904. Exercise of rulemaking powers..................    71
        Sec. 905. Effective dates................................    72
    Title X--Impoundment Control:
        Part A--General Provisions:
            Sec. 1001. Disclaimer................................    73
            Sec. 1002. Amendment to Antideficiency Act...........    73
            Sec. 1003. Repeal of existing impoundment reporting 
              provision..........................................    73
        Part B--Congressional consideration of proposed 
          rescissions, reservations, and deferrals of budget 
          authority:
            Sec. 1011. Definitions...............................    73
            Sec. 1012. Rescission of budget authority............    74
            Sec. 1013. Proposed deferrals of budget authority....    75
            Sec. 1014. Transmission of messages; publication.....    76
            Sec. 1015. Reports by Comptroller General............    77
            Sec. 1016. Suits by Comptroller General..............    77
            Sec. 1017. Procedure in House and Senate.............    78
Balanced Budget and Emergency Deficit Control Act of 1985
    Part C--Emergency Powers To Eliminate Deficits in Excess Of 
      Maximum Deficit Amount:
        Sec. 250. Table of contents; statement of budget 
          enforcement through sequestration; definitions.........    83
        Sec. 251. Enforcing discretionary spending limits........    86
        Sec. 251A. Enforcement of budget goal....................    91
        Sec. 252. Enforcing pay-as-you-go........................    95
        Sec. 253. Enforcing deficit targets......................    97
        Sec. 254. Reports and orders.............................   100
        Sec. 255. Exempt programs and activities.................   104
        Sec. 256. General and special sequestration rules........   110
        Sec. 257. The baseline...................................   116
        Sec. 258. Suspension in the event of war or low growth...   118
        Sec. 258A. Modification of Presidential order............   120
        Sec. 258B. Flexibility among defense programs, projects, 
          and activities.........................................   123
        Sec. 258C. Special reconciliation process................   126
    Part D--Budgetary Treatment of Social Security:
        Sec. 261. Treatment of Trust Funds.......................   128
    Part E--Miscellaneous and Related Provisions:
        Sec. 271. Waivers and suspensions; rulemaking powers.....   128
        Sec. 272. Restoration of trust fund investments..........   128
        Sec. 273. Revenue estimates..............................   128
        Sec. 274. Judicial review................................   128
        Sec. 275. Effective dates [Repealed].....................   130
Budget Enforcement Act of 1990
    Sec. 13001. Short title; table of contents...................   133
    Subtitle A--Amendments to the Balanced Budget and Emergency 
      Deficit Control Act of 1985 and Related Amendments:
        Part I--Amendments to the Balanced Budget and Emergency 
          Deficit Control Act of 1985:
            Sec. 13101. Sequestration............................   133
        Part II--Related Amendments:
            Sec. 13111. Temporary amendments to the Congressional 
              Budget Act of 1974.................................   133
            Sec. 13112. Conforming amendments....................   133
    Subtitle B--Permanent Amendments to the Congressional Budget 
      and Impoundment Control Act of 1974:
        Sec. 13201. Credit accounting............................   133
        Sec. 13202. Codification of provision regarding revenue 
          estimates..............................................   133
        Sec. 13203. Debt increase as measure of deficit; display 
          of federal retirement trust fund balance...............   133
        Sec. 13204. Pay-As-You-Go Procedures.....................   133
        Sec. 13205. Amendments to section 303....................   134
        Sec. 13206. Amendments to section 308....................   134
        Sec. 13207. Standardization of language regarding points 
          of order...............................................   134
        Sec. 13208. Standardization additional deficit control 
          provisions.............................................   134
        Sec. 13209. Codification of precedent with regard to 
          conference reports and amendments between the Houses...   134
        Sec. 13210. Superseded deadlines and conforming changes..   134
        Sec. 13211. Definitions..................................   134
        Sec. 13212. Savings transfers between fiscal years.......   134
        Sec. 13213. Conforming change to title 31................   134
        Sec. 13214. The Byrd Rule on extraneous matter in 
          reconciliation.........................................   134
    Subtitle C--Social Security:
        Sec. 13301. Off-budget status of OASDI trust funds.......   134
        Sec. 13302. Protection of OASDI trust funds in the House 
          of Representatives.....................................   135
        Sec. 13303. Social security firewall and point of order 
          in the Senate..........................................   136
        Sec. 13304. Report to the Congress by the Board of 
          Trustees of the OASDI trust funds regarding the 
          actuarial balance of trust funds.......................   137
        Sec. 13305. Exercise of rulemaking power.................   137
        Sec. 13306. Effective date...............................   137
    Subtitle D--Treatment of Fiscal Year 1991 Sequestration 
      [Omitted]
    Subtitle E--Government-Sponsored Enterprises:
        Sec. 13501. Financial safety and soundness of government-
          sponsored enterprises..................................   137
Postal Service Omnibus Budget Reconciliation Act of 1989
    Title IV--Civil Service and Postal Service Programs:
        Sec. 4001. Budgetary treatment of the postal service fund   141
The Postal Accountability and Enhancement Act
    Sec. 401. Postal Service Competitive Products Fund...........   142
Statutory Pay-As-You-Go Act of 2010
    Title I--Statutory Pay-As-You-Go Act of 2010:
        Sec. 1. Short Title......................................   145
        Sec. 2. Purpose..........................................   145
        Sec. 3. Definitions and applications.....................   145
        Sec. 4. Paygo estimates and paygo scorecards.............   146
        Sec. 5. Annual report and sequestration order............   153
        Sec. 6. Calculating a sequestration......................   153
        Sec. 7. Adjustment for current policies..................   154
        Sec. 8. Application of BBEDCA............................   159
        Sec. 9. Technical Corrections............................   159
        Sec. 10. Conforming Amendments...........................   159
        Sec. 11. Exempt Programs and Activities..................   161
        Sec. 12. Determinations and points of order..............   167
        Sec. 13. Limitation on changes to the Social Security Act   167
    Title II--Elimination of Duplicative and Wasteful Spending:
        Sec. 21. Identification, consolidation, and elimination 
          of duplicative government programs.....................   168
Budget Control Act of 2011
    Sec. 1. Short title; table of contents.......................   171
    Sec. 2. Severability.........................................   171
    Title I--Ten-Year Discretionary Caps With Sequester:
        Sec. 101. Enforcing discretionary spending limits........   172
        Sec. 102. Definitions....................................   177
        Sec. 103. Reports and orders.............................   178
        Sec. 104. Expiration.....................................   178
        Sec. 105. Amendments to the Congressional Budget and 
          Impoundment Control Act of 1974........................   178
        Sec. 106. Senate Budget Enforcement......................   179
    Title II--Vote on the Balanced Budget Amendment:
        Sec. 201. Vote on the balanced budget amendment..........   182
        Sec. 202. Consideration by the other house...............   182
    Title III--Debt Ceiling Disapproval Process:
        Sec. 301. Debt ceiling disapproval process...............   184
        Sec. 302. Enforcement of budget goal.....................   189
    Title IV-Joint Select Committee on Deficit Reduction:
        Sec. 401. Establishment of joint select committee........   193
        Sec. 402. Expedited consideration of joint committee 
          recommendations........................................   197
        Sec. 403. Funding........................................   200
        Sec. 404. Rulemaking.....................................   200
    Title V-Pell Grant and Student Loan Program Changes:
        Sec. 501. Federal Pell Grants............................   201
        Sec. 502. Termination of authority to make interest 
          subsidized loans to graduate and professional students.   201
        Sec. 503. Termination of direct loan repayment incentives   201
        Sec. 504. Inapplicability of Title IV negotiated 
          rulemaking and master calendar exception...............   202
Title 31 of the United States Code
    Chapter 11. The Budget and Fiscal, Budget, and Program 
      Information:
        Sec. 1101. Definitions...................................   205
        Sec. 1102. Fiscal Year...................................   206
        Sec. 1103. Budget Ceiling................................   206
        Sec. 1104. Budget and appropriations authority of the 
          President..............................................   206
        Sec. 1105. Budget contents and submission to Congress....   207
        Sec. 1106. Supplemental budget estimates and changes.....   214
        Sec. 1107. Deficiency and supplemental appropriations....   215
        Sec. 1108. Preparation and submission of appropriations 
          requests to the President..............................   215
        Sec. 1109. Current programs and activities estimates.....   216
        Sec. 1110. Year-ahead requests for authorizing 
          legislation............................................   217
        Sec. 1111. Improving economy and efficiency..............   217
        Sec. 1112. Fiscal, budget, and program information.......   217
        Sec. 1113. Congressional information.....................   218
        Sec. 1114. [Repealed]....................................   220
        Sec. 1115. Federal government and agency performance 
          plans..................................................   220
        Sec. 1116. Agency performance reporting..................   223
        Sec. 1117. Exemption.....................................   225
        Sec. 1118. Pilot projects for performance goals..........   225
        Sec. 1119. Pilot projects for performance budgeting......   226
        Sec. 1120. Federal government and agency priority goals..   226
        Sec. 1121. Quarterly priority progress reviews and use of 
          performance information................................   228
        Sec. 1122. Transparency of programs, priority goals, and 
          results................................................   229
        Sec. 1123. Chief operation officers......................   231
        Sec. 1124. Performance improvement officers and the 
          performance improvement council........................   232
        Sec. 1125. Elimination of unnecessary agency reporting...   234
    Chapter 13 of Title 31, United States Code:
        Sec. 1341. Limitations on expending and obligating 
          amounts................................................   235
        Sec. 1342. Limitation on voluntary services..............   235
    Chapter 15 of Title 31, United States Code:
        Sec. 1517. Prohibited obligations and expenditures.......   237
    Chapter 31 of Title 31, United States Code:
        Sec. 3101. Public debt limit.............................   238
        Sec. 3101A. Presidential modification of the debt ceiling   238
    Chapter 33 of Title 31, United States Code:
        Sec. 3321. Disbursing authority in the executive branch..   244
Unfunded Mandates Reform Act of 1995
    Sec. 1. Short title..........................................   247
    Sec. 2. Purposes.............................................   247
    Sec. 3. Definitions..........................................   248
    Sec. 4. Exclusions...........................................   248
    Sec. 5. Agency Assistance....................................   249
    Title I--Legislative Accountability and Reform:
        Sec. 101. Legislative mandate accountability and reform..   249
        Sec. 102. Assistance to committees and studies...........   249
        Sec. 103. Cost of regulations............................   249
        Sec. 104. Repeal of certain analysis by Congressional 
          Budget Office..........................................   249
        Sec. 105. Consideration for Federal funding..............   249
        Sec. 106. Impact on local governments....................   249
        Sec. 107. Enforcement in the House of Representatives....   250
        Sec. 108. Exercise of rulemaking powers..................   250
        Sec. 109. Authorization of appropriations................   251
        Sec. 110. Effective date.................................   251
    Title II--Regulatory Accountability and Reform:
        Sec. 201. Regulatory process.............................   251
        Sec. 202. Statements to accompany significant regulatory 
          actions................................................   251
        Sec. 203. Small government agency plan...................   252
        Sec. 204. State, local, and tribal government input......   252
        Sec. 205. Least burdensome option or explanation required   253
        Sec. 206. Assistance to the Congressional Budget Office..   253
        Sec. 207. Pilot program on small government flexibility..   254
        Sec. 208. Annual statements to Congress on agency 
          compliance.............................................   254
        Sec. 209. Effective date.................................   254
    Title III--Review of Federal Mandates:
        Sec. 301. Baseline study of costs and benefits...........   254
        Sec. 302. Report on Federal mandates by advisory 
          commission on intergovernmental relations..............   254
        Sec. 303. Special authorities of advisory commission.....   256
        Sec. 304. Annual report to Congress regarding Federal 
          court rulings..........................................   257
        Sec. 305. Definition.....................................   257
        Sec. 306. Authorization of appropriations................   257
    Title IV--Judicial Review:
        Sec. 401. Judicial review................................   257
Rules of the House of Representatives
    Rule X: Organization of Committees:
        Clause 1(d)(1), (2) and (3). Budget Act responsibilities 
          of each standing committee.............................   261
        Clause 4(f). Views and estimates of each standing 
          committee for the concurrent resolution................   261
        Clause 11(c)(3). Views and estimates of Permanent Select 
          Committee on Intelligence..............................   262
    Rule XII: Receipt and Referral of Measures and Matters:
        Clause 7(c)(1) and (2). Constitutional Authority 
          Statement..............................................   262
    Rule XIII: Calendars and Committee Reports:
        Clause 1. Calendars......................................   262
        Clause 2. Filing and Printing of reports.................   263
        Clause 3. Content of reports.............................   264
        Clause 4. Availability of Reports........................   267
        Clause 5. Privileged reports, generally..................   267
        Clause 6. Privileged reports by the Committee on Rules...   268
        Clause 7. Resolutions of inquiry.........................   269
    Rule XVIII: The Committee of the Whole House on the State of 
      the Union:
        Clause 10. Concurrent resolution on the budget...........   269
    Rule XXI: Restrictions on Certain Bills:
        Clause 1. Reservation of certain points of order.........   270
        Clause 2. General appropriation bills and amendments.....   270
        Clause 3. Transportation obligation limitations..........   271
        Clause 4. Appropriations on legislative bills............   271
        Clause 5. Tax and tariff measures and amendments.........   272
        Clause 6. Designation of public works....................   272
        Clause 7. Reconciliation directives......................   272
        Clause 8. Application of Budget Act points of order......   273
        Clause 9. Earmarks.......................................   273
        Clause 10. Cut-As-You-Go.................................   275
        Clause 11. Notice Requirements...........................   276
    Rule XXIX: General Provisions:
        Clause 4. Authoritative guidance provided by the chair of 
          the committee..........................................   276
Rules of the Senate
    Selected Budgetary Procedures set forth in S. Con. Res. 21 
      (110th Congress):
        Sec. 201. Pay-as-you-go point of order in the Senate.....   279
        Sec. 202. Senate point of order against reconciliation 
          legislation that would increase the deficit or reduce a 
          surplus................................................   280
        Sec. 203. Senate point of order against legislation 
          increasing long-term deficits..........................   281
        Sec. 204. Emergency legislation..........................   281
        Sec. 205. Extension of enforcement of budgetary points of 
          order in the Senate....................................   283
        Sec. 206. Point of order against advance appropriations..   283
        Sec. 208. Application of previous allocations in the 
          Senate.................................................   285
        Sec. 209. Senate point of order against provisions of 
          appropriations legislation that constitute changes in 
          mandatory programs with net costs......................   285
    Selected Budgetary Procedures set forth in S. Con. Res. 70 
      (110th Congress):
        Sec. 311. Senate point of order against legislation 
          increasing long-term deficits..........................   287
        Sec. 314. Senate point of order against provisions of 
          appropriations legislation that constitute changes in 
          mandatory programs with net costs......................   288
    Selected Budgetary Procedures set forth in S. Con. Res. 13 
      (111th Congress):
        Sec. 403. Emergency Legislation..........................   290
        Sec. 404. Point of order against legislation increasing 
          short-term deficit.....................................   292
        Sec. 405. Point of order against certain legislation 
          related to surface transportation funding..............   292
        Sec. 411. Oversight of government performance............   293
        Sec. 412. Budgetary treatment of certain discretionary 
          administrative expenses................................   293
        Sec. 413. Application and effect of changes in 
          allocations and aggregates.............................   293
        Sec. 414. Adjustments to reflect changes in concepts and 
          definitions............................................   294
        Sec. 415. Exercise of rulemaking powers..................   294
    Senate Procedures of the Budget Control Act of 2011 (Public 
      Law 112-25):
        Sec. 106. Senate Budget enforcement......................   294
Jurisdiction of the Committee on the Budget of the House of 
  Representatives
    Rule X: Organization of Committees:
        Clause 1. Committees and their legislative jurisdictions.   299
        Clause 1(e). Committee on the Budget.....................   299
        Clause 3(b). Special oversight functions.................   299
        Clause 4(b). Additional functions of committees..........   300
    Jurisdiction: In General.....................................   300
    Debate on H. Res. 6, Rules Package for the 104th Congress 
      Congressional Record--House Memorandum of Understanding....   301
Jurisdiction of the Committee on the Budget of the United States 
  Senate
    S.Res.445 (108th Congress): Jurisdiction of Senate Budget 
      Committee:
        Sec. 101(d). Jurisdiction of Budget Committee............   307
        Sec. 101(e). OMB Nominees................................   307
    Rule XXV: Standing Committees:
        Clause 1(e). Committee on the Budget.....................   308
    Unanimous Consent Agreement of January 30, 1975..............   308
    Unanimous Consent Agreement of August 4, 1977................   309
Scorekeeping
    Rule 1. Classifications of appropriations....................   313
    Rule 2. Outlays prior........................................   313
    Rule 3. Direct spending programs.............................   313
    Rule 4. Transfer of budget authority from a mandatory account 
      to a discretionary account.................................   314
    Rule 5. Permissive transfer authority........................   314
    Rule 6. Reappropriations.....................................   314
    Rule 7. Advance appropriations...............................   314
    Rule 8. Rescissions and transfers of unobligated balances....   314
    Rule 9. Delay of obligations.................................   314
    Rule 10. Contingent legislation..............................   315
    Rule 11. Scoring purchases, lease-purchases, capital leases, 
      and operating leases.......................................   315
    Rule 12. Write-offs of uncashed checks, unredeemed food 
      stamps, and similar instruments............................   317
    Rule 13. Reclassification after an agreement.................   317
    Rule 14. Scoring of receipt increases or direct spending 
      reductions for additional administration or program 
      management expenses........................................   317
    Rule 15. Asset sales.........................................   317
    Rule 16. Indefinite borrowing authority and limits on 
      outstanding debt...........................................   318
    Rule 17. Pell scoring rule...................................   318
Appendices
    Appendix A--Line Item Veto Act of 1996.......................   321
    Appendix B--Concurrent resolutions on the budget.............   335
    Appendix C--Deeming measures for the concurrent resolution on 
      the budget.................................................   337
    Appendix D--Emergency Economic Stabilization Act of 2008.....   339
    Appendix E--Rule XXVIII......................................   343
    Appendix F--The concurrent resolution on the budget for 
      fiscal year 2013...........................................   345
    Appendix G--The Constitution of the United States............   357
    Appendix H--Medicare Prescription Drug, Improvement, and 
      Modernization Act of 2003..................................   359
    

======================================================================


        CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974

                 Public Law 93-344, July 12 88 Stat 297

======================================================================


Balanced Budget and Emergency Deficit Control Act of 1985; 
        Public Law 99-177, Title II, Part A; December 12, 1985; 
        99 Stat. 1037, 1039.

An Act increasing the statutory limit on the public debt; 
        Public Law 100-119, Title II; September 29, 1987; 101 
        Stat. 754, 784.

Budget Enforcement Act of 1990; Public Law 101-508, Title XIII, 
        Subtitle A, Part II, and Subtitle B; November 5, 1990; 
        104 Stat. 1388-573, 1388-602, 1388-609.

Omnibus Budget Reconciliation Act of 1993; Public Law 103-66, 
        Title XIV; August 10, 1993; 107 Stat. 312, 683.

Violent Crime Control and Law Enforcement Act of 1994; Public 
        Law 103-322, Title XXXI; September 13, 1994; 108 Stat. 
        1796, 2102.

Unfunded Mandates Reform Act of 1995; Public Law 104-4, Title 
        I; March 22, 1995; 109 Stat. 50.

Contract with America Advancement Act of 1996; Public Law 104-
        121, 110 Stat. 847.

Balanced Budget Act of 1997; Public Law 105-33; August 5, 1997; 
        111 Stat. 251.

Transportation Equity Act for the 21st Century; Public Law 105-
        178; June 9, 1998; 112 Stat. 488.

TEA 21 Restoration Act; Public Law 105-206; July 22, 1998; 115 
        Stat. 865.

Statutory Pay-As-You-Go Act of 2010; Public Law 111-139; 
        February 12, 2010; 124 Stat. 8.

Budget Control Act of 2011; Public Law 112-25; August 2, 2011; 
        125 Stat. 240.
        START OF STATUTE deg.STATUTE 
        NAME=CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT 
  OF 1974 deg.Congressional Budget and Impoundment Control Act of 1974

                 As Amended Through Public Law 112-78,
                       Enacted December 23, 2011

 AN ACT To establish a new congressional budget process; to establish 
 Committees on the Budget in each House; to establish a Congressional 
Budget Office; to establish a procedure providing congressional control 
 over the impoundment of funds by the executive branch; and for other 
                               purposes.
    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
                    short titles; table of contents.
    Section 1. [2 U.S.C. 621 note] (a) Short Titles.--This Act 
may be cited as the ``Congressional Budget and Impoundment 
Control Act of 1974''. Titles I through IX may be cited as the 
``Congressional Budget Act of 1974''. Parts A and B of title X 
may be cited as the ``Impoundment Control Act of 1974''. Part C 
of title X may be cited as the ``Line Item Veto Act of 1996''. 
\1\
---------------------------------------------------------------------------
    \1\ The United States Supreme Court declared Part C of title X, the 
``Line Item Veto Act of 1996'' unconstitutional.
---------------------------------------------------------------------------
    (b) Table of Contents.--

Sec. 1. Short titles; table of contents.
Sec. 2. Declaration of purposes.
Sec. 3. Definitions.

      TITLE I--ESTABLISHMENT OF HOUSE AND SENATE BUDGET COMMITTEES

Sec. 101. Budget Committee of the House.
Sec. 102. Budget Committee of the Senate.

                  TITLE II--CONGRESSIONAL BUDGET OFFICE

Sec. 201. Establishment of Office.
Sec. 202. Duties and functions.
Sec. 203. Public access to budget data.

                 TITLE III--CONGRESSIONAL BUDGET PROCESS

Sec. 300. Timetable.
Sec. 301. Annual adoption of concurrent resolution on the budget.
Sec. 302. Committee allocations.
Sec. 303. Concurrent resolution on the budget must be adopted before 
          budget-related legislation is considered.
Sec. 304. Permissible revisions of concurrent resolutions on the budget.
Sec. 305. Prvisions relating to consideration of concurrent resolutions 
          on the 
          budget.
Sec. 306. Legislation dealing with congressional budget must be handled 
          by budget committees.
Sec. 307. House committee action on all appropriation bills to be 
          completed by June 10.
Sec. 308. Reports, summaries, and projections of congressional budget 
          actions.
Sec. 309. House approval of regular appropriation bills.
Sec. 310. Reconciliation.
Sec. 311. Budget-related legislation must be within appropriate levels.
Sec. 312. Determinations and points of order.
Sec. 313. Extraneous matter in reconciliation legislation.
Sec. 314. Adjustments.
Sec. 315. Effect of adoption of a special order of business in the House 
          of Representatives.

      TITLE IV--ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES

                       Part A--General Provisions

Sec. 401. Budget-related legislation not subject to appropriations.
Sec. 402. Analyses by Congressional Budget Office.
     * * * * * * *
Sec. 404. Study by the General Accounting Office\2\ of forms of Federal 
          financial commitment that are not reviewed annually by 
          Congress.
\2\ The ``General Accounting Office'' was renamed the ``Government 
    Accountability Office'' by the GAO Human Capital Reform Act of 2004 
    (Public Law 108-271, 118 Stat. 811, enacted July 7, 2004).
Sec. 405. Off-budget agencies, programs, and activities.
Sec. 406. Member user group.

                        Part B--Federal Mandates

Sec. 421. Definitions.
Sec. 422. Exclusions.
Sec. 423. Duties of congressional committees.
Sec. 424. Duties of the Director; statements on bills and joint 
          resolutions other than appropriations bills and joint 
          resolutions.
Sec. 425. Legislation subject to point of order.
Sec. 426. Provisions relating to the House of Representatives.
Sec. 427. Requests to the Congressional Budget Office from Senators.
Sec. 428. Clarification of application.

                         TITLE V--CREDIT REFORM

Sec. 500. Short title.
Sec. 501. Purposes.
Sec. 502. Definitions.
Sec. 503. OMB and CBO analysis, coordination, and review.
Sec. 504. Budgetary treatment.
Sec. 505. Authorizations.
Sec. 506. Treatment of deposit insurance and agencies and other 
          insurance programs.
Sec. 507. Effect on other laws.

                          [TITLE VI--REPEALED]

                TITLE VII--PROGRAM REVIEW AND EVALUATION

     * * * * * * *
Sec. 703. Continuing study of additional budget reform proposals.
     * * * * * * *

           TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES

     * * * * * * *
Sec. 904. Exercise of rulemaking powers.
     * * * * * * *

                      TITLE X--IMPOUNDMENT CONTROL

                       Part A--General Provisions

Sec. 1001. Disclaimer.
     * * * * * * *

      Part B--Congressional Consideration of Proposed Rescissions, 
             Reservations, and Deferrals of Budget Authority

Sec. 1011. Definitions.
Sec. 1012. Rescission of budget authority.
Sec. 1013. Proposed deferrals of budget authority.
Sec. 1014. Transmission of messages; publication.
Sec. 1015. Reports by Comptroller General.
Sec. 1016. Suits by Comptroller General.
Sec. 1017. Procedure in House and Senate.

                       Part C--Line Item Veto \3\
---------------------------------------------------------------------------

    \3\ Part C, the Line Item Veto, was declared unconstitutional by 
the Supreme Court of the United States.
---------------------------------------------------------------------------
Sec. 1021. Line item veto authority.
Sec. 1022. Special messages.
Sec. 1023. Cancellation effective unless disapproved.
Sec. 1024. Deficit reduction.
Sec. 1025. Expedited congressional consideration of disapproval bills.
Sec. 1026. Definitions.
Sec. 1027. Identification of limited tax benefits.
                        declaration of purposes
    Sec. 2. [2 U.S.C. 621] The Congress declares that it is 
essential--
            (1) to assure effective congressional control over 
        the budgetary process;
            (2) to provide for the congressional determination 
        each year of the appropriate level of Federal revenues 
        and expenditures;
            (3) to provide a system of impoundment control;
            (4) to establish national budget priorities; and
            (5) to provide for the furnishing of information by 
        the executive branch in a manner that will assist the 
        Congress in discharging its duties.
                              definitions
    Sec. 3. [2 U.S.C. 622] In General.--For purposes of this 
Act--
            (1) The terms ``budget outlays'' and ``outlays'' 
        mean, with respect to any fiscal year, expenditures and 
        net lending of funds under budget authority during such 
        year.
            (2)  Budget authority and new budget authority.--
                    (A) In general.--The term ``budget 
                authority'' means the authority provided by 
                Federal law to incur financial obligations, as 
                follows:
                            (i) provisions of law that make 
                        funds available for obligation and 
                        expenditure (other than borrowing 
                        authority), including the authority to 
                        obligate and expend the proceeds of 
                        offsetting receipts and collections;
                            (ii) borrowing authority, which 
                        means authority granted to a Federal 
                        entity to borrow and obligate and 
                        expend the borrowed funds, including 
                        through the issuance of promissory 
                        notes or other monetary credits;
                            (iii) contract authority, which 
                        means the making of funds available for 
                        obligation but not for expenditure; and
                            (iv) offsetting receipts and 
                        collections as negative budget 
                        authority, and the reduction thereof as 
                        positive budget authority.
                    (B) Limitations on budget authority.--With 
                respect to the Federal Hospital Insurance Trust 
                Fund, the Supplementary Medical Insurance Trust 
                Fund, the Unemployment Trust Fund, and the 
                railroad retirement account, any amount that is 
                precluded from obligation in a fiscal year by a 
                provision of law (such as a limitation or a 
                benefit formula) shall not be budget authority 
                in that year.
                    (C) New budget authority.--The term ``new 
                budget authority'' means, with respect to a 
                fiscal year--
                            (i) budget authority that first 
                        becomes available for obligation in 
                        that year, including budget authority 
                        that becomes available in that year as 
                        a result of a reappropriation; or
                            (ii) a change in any account in the 
                        availability of unobligated balances of 
                        budget authority carried over from a 
                        prior year, resulting from a provision 
                        of law first effective in that year;
                and includes a change in the estimated level of 
                new budget authority provided in indefinite 
                amounts by existing law.
            (3) The term ``tax expenditures'' means those 
        revenue losses attributable to provisions of the 
        Federal tax laws which allow a special exclusion, 
        exemption, or deduction from gross income or which 
        provide a special credit, a preferential rate of tax, 
        or a deferral of tax liability, and the term ``tax 
        expenditures budget'' means an enumeration of such tax 
        expenditures.
            (4) The term ``concurrent resolution on the 
        budget'' means--
                    (A) a concurrent resolution setting forth 
                the congressional budget for the United States 
                Government for a fiscal year as provided in 
                section 301; and
                    (B) any other concurrent resolution 
                revising the congressional budget for the 
                United States Government for a fiscal year as 
                described in section 304.
            (5) The term ``appropriation Act'' means an Act 
        referred to in section 105 of title 1, United States 
        Code.
            (6) The term ``deficit'' means, with respect to a 
        fiscal year, the amount by which outlays exceeds 
        receipts during that year.
            (7) The term ``surplus'' means, with respect to a 
        fiscal year, the amount by which receipts exceeds 
        outlays during that year.
            (8) The term ``government-sponsored enterprise'' 
        means a corporate entity created by a law of the United 
        States that--
                    (A)(i) has a Federal charter authorized by 
                law;
                            (ii) is privately owned, as 
                        evidenced by capital stock owned by 
                        private entities or individuals;
                            (iii) is under the direction of a 
                        board of directors, a majority of which 
                        is elected by private owners;
                            (iv) is a financial institution 
                        with power to--
                                    (I) make loans or loan 
                                guarantees for limited purposes 
                                such as to provide credit for 
                                specific borrowers or one 
                                sector; and
                                    (II) raise funds by 
                                borrowing (which does not carry 
                                the full faith and credit of 
                                the Federal Government) or to 
                                guarantee the debt of others in 
                                unlimited amounts; and
                    (B)(i) does not exercise powers that are 
                reserved to the Government as sovereign (such 
                as the power to tax or to regulate interstate 
                commerce);
                            (ii) does not have the power to 
                        commit the Government financially (but 
                        it may be a recipient of a loan 
                        guarantee commitment made by the 
                        Government); and
                            (iii) has employees whose salaries 
                        and expenses are paid by the enterprise 
                        and are not Federal employees subject 
                        to title 5 of the United States Code.
            (9) The term ``entitlement authority'' means--
                    (A) the authority to make payments 
                (including loans and grants), the budget 
                authority for which is not provided for in 
                advance by appropriation Acts, to any person or 
                government if, under the provisions of the law 
                containing that authority, the United States is 
                obligated to make such payments to persons or 
                governments who meet the requirements 
                established by that law; and
                    (B) the food stamp program.
            (10) The term ``credit authority'' means authority 
        to incur direct loan obligations or to incur primary 
        loan guarantee commitments.
            (11) The terms ``emergency'' and ``unanticipated'' 
        have the meanings given to such terms in section 250(c) 
        of the Balanced Budget and Emergency Deficit Control 
        Act of 1985.

                  Title I--Establishment of House and
                      Senate Budget Committees \4\

            budget committee of the house of representatives
    Sec. 101.\5\ (a) Clause 1 of Rule X of the Rules of the 
House of Representatives is amended by redesignating paragraph 
(e) through (u) as paragraphs (f) through (v), respectively, 
and by inserting the following new paragraph:
---------------------------------------------------------------------------
    \4\ This section established original composition and duties of the 
Committees of the House and the Senate. This included the 
responsibility for the Committees to make a continuing study on the 
effects of budget outlays and to devise methods coordinating tax 
policies with budget outlays.
    \5\ Through the 112th Congress, House membership requirements 
related to the Committee on Appropriations and the Committee on Ways 
and Means are the same. An additional Member from the Rules Committee 
is required under House Rules.
---------------------------------------------------------------------------
    ``(e) Committee on the Budget, to consist of twenty-three 
Members as follows:
            ``(1) five Members who are members of the Committee 
        on Appropriations;
            ``(2) five Members who are members of the Committee 
        on Ways and Means;
            ``(3) eleven Members who are members of other 
        standing committees;
            ``(4) one Member from the leadership of the 
        majority party; and
            ``(5) one Member from the leadership of the 
        minority party.''
            No Member shall serve as a member of the Committee 
        on the Budget during more than two Congresses in any 
        period of five\6\ successive Congresses beginning after 
        1974 (disregarding for this purpose any service 
        performed as a member of such committee for less than a 
        full session in any Congress). All selections of 
        Members to serve on the committee shall be made without 
        regard to seniority.\7\
---------------------------------------------------------------------------
    \6\ As of the 112th Congress, the limitation on service on the 
Budget Committee was four out of six successive Congresses, with an 
extra Congress allowed to the Chairman and Ranking Member.
    \7\ The composition of the House Budget Committee has been changed 
through House resolutions adopted to establish or amend the rules of 
the House of Representatives for each Congress.
---------------------------------------------------------------------------
    (b) Rule X of the Rules of the House of Representatives is 
amended by adding at the end thereof the following new clause:
    ``6. For carrying out the purposes set forth in clause 5 of 
Rule XI, the Committee on the Budget or any subcommittee 
thereof is authorized to sit and act at such times and places 
within the United States, whether the House is in session, has 
recessed, or has adjourned, to hold such hearings, to require 
the attendance of such witnesses and the production of such 
books or papers or documents or vouchers by subpena\8\ or 
otherwise, and to take such testimony and records, as it deems 
necessary. Subpenas\9\ may be issued over the signature of the 
chairman of the committee or of any member of the committee 
designated by him; and may be served by any person designated 
by such chairman or member. The chairman of the committee, or 
any member thereof, may administer oaths to witnesses.\10\
---------------------------------------------------------------------------
    \8\ So in original; it should read ``subpoena.''
    \9\ So in original; it should read ``Subpoenas.''
    \10\ ``The separate subpoena authority conferred upon the committee 
by section 101(b) has been superseded by the general grant of subpoena 
authority conferred upon all committees by clause 2(m) of Rule XI (H. 
Res. 988), 93d Congress p.34470.''
---------------------------------------------------------------------------
    (c) Rule XI of the Rules of the House of Representatives is 
amended by redesignating clauses 5 through 33 as clauses 6 
through 34, respectively, and by inserting after clause 4 the 
following new clause:
    ``5. Committee on the Budget
    ``(a) All concurrent resolutions on the budget (as defined 
in section 3(a)(4) of the Congressional Budget Act of 1974) and 
other matters to be referred to the Committee under titles III 
and IV of that Act.
    ``(b) The Committee shall have the duty--
            ``(1) to report matters required to be reported by 
        it under titles III and IV of the Congressional Budget 
        Act of 1974;
            ``(2) to make continuing studies of on budget 
        outlays of relevant existing and proposed legislation 
        and to report the results of such studies to the House 
        on a recurring basis;
            ``(3) to request and evaluate continuing studies of 
        tax expenditures, to devise methods of coordinating tax 
        expenditures, policies, and programs with direct budget 
        outlays, and to report the results of such studies to 
        the House on a recurring basis; and
            ``(4) to review on a continuing basis, the conduct 
        by the Congressional Budget Office of its functions and 
        duties.''
                     budget committee of the senate
    Sec. 102. Budget Committee of the Senate\11\--
    (a) Paragraph 1 of Rule XXV of the Standing Rules of the 
Senate is amended by adding at the end thereof the following 
new subparagraph:
---------------------------------------------------------------------------
    \11\ This section established the Committee on the Budget of the 
Senate.
---------------------------------------------------------------------------
    ``(r)(1) Committee on the Budget, to which committee shall 
be referred all concurrent resolutions on the budget (as 
defined in section 3(a)(4) of the Congressional Budget Act of 
1974 and all other matters required to be referred to that 
committee under titles III and IV of that Act, and messages, 
petitions, memorials, and other matters relating thereto.
            ``(2) Such committee shall have the duty--
                    ``(A) to report the matters required to be 
                reported by it under titles III and IV of the 
                Congressional Budget Act of 1974;
                    ``(B) to make continuing studies of the 
                effect on budget outlays of relevant existing 
                and proposed legislation and to report the 
                results of such studies to the Senate on a 
                recurring basis;
                    ``(C) to request and evaluate continuing 
                studies of tax expenditures, to devise methods 
                of coordinating tax expenditures, policies, and 
                programs with direct budget outlays, and to 
                report the results of such studies to the 
                Senate on a recurring basis; and
                    ``(D) to review on a continuing basis, the 
                conduct by the Congressional Budget Office of 
                its functions and duties.''
    (b) The table contained in paragraph 2 of rule XXV of the 
Standing Rules of the Senate is amended by inserting after--
``Banking, Housing and Urban Affairs ...........15''
the following:
``Budget 
.............................................................15'
'
    (c) Paragraph 6 of rule XXV of the Standing Rules of the 
Senate is amended by adding at the end thereof the following 
new subparagraph:
            ``(h) For purposes of the sentence of subparagraph 
        (a), membership of the Committee on the Budget shall 
        not be taken into account until that date occurring 
        during the first session of the Ninety-fifth Congress, 
        upon which the appointment of the majority and minority 
        party members of the standing committees of the Senate 
        is initially completed.''

                 Title II--Congressional Budget Office

                        establishment of office
    Sec. 201. [2 U.S.C. 601] (a) In General.--
            (1) There is established an office of the Congress 
        to be known as the Congressional Budget Office 
        (hereinafter in this title referred to as the 
        ``Office''). The Office shall be headed by a Director; 
        and there shall be a Deputy Director who shall perform 
        such duties as may be assigned to him by the Director 
        and, during the absence or incapacity of the Director 
        or during a vacancy in that office, shall act as 
        Director.
            (2) The Director shall be appointed by the Speaker 
        of the House of Representatives and the President pro 
        tempore of the Senate after considering recommendations 
        received from the Committees on the Budget of the House 
        and the Senate, without regard to political affiliation 
        and solely on the basis of his fitness to perform his 
        duties. The Deputy Director shall be appointed by the 
        Director.
            (3) The term of office of the Director shall be 4 
        years and shall expire on January 3 of the year 
        preceding each Presidential election. Any individual 
        appointed as Director to fill a vacancy prior to the 
        expiration of a term shall serve only for the unexpired 
        portion of that term. An individual serving as Director 
        at the expiration of a term may continue to serve until 
        his successor is appointed. Any Deputy Director shall 
        serve until the expiration of the term of office of the 
        Director who appointed him (and until his successor is 
        appointed), unless sooner removed by the Director.
            (4) The Director may be removed by either House by 
        resolution.
            (5)(A) The Director shall receive compensation at 
        an annual rate of pay that is equal to the lower of--
                    (i) the highest annual rate of compensation 
                of any officer of the Senate; or
                    (ii) the highest annual rate of 
                compensation of any officer of the House of 
                Representatives.
            (B) The Deputy Director shall receive compensation 
        at an annual rate of pay that is $1,000 less than the 
        annual rate of pay received by the Director, as 
        determined under subparagraph (A).
    (b) Personnel.--The Director shall appoint and fix the 
compensation of such personnel as may be necessary to carry out 
the duties and functions of the Office. All personnel of the 
Office shall be appointed without regard to political 
affiliation and solely on the basis of their fitness to perform 
their duties. The Director may prescribe the duties and 
responsibilities of the personnel of the Office, and delegate 
to them authority to perform any of the duties, powers, and 
functions imposed on the Office or on the Director. For 
purposes of pay (other than pay of the Director and Deputy 
Director) and employment benefits, rights, and privileges, all 
personnel of the Office shall be treated as if they were 
employees of the House of Representatives.
    (c) Experts and Consultants.--In carrying out the duties 
and functions of the Office, the Director may procure the 
temporary (not to exceed one year) or intermittent services of 
experts or consultants or organizations thereof by contract as 
independent contractors, or, in the case of individual experts 
or consultants, by employment at rates of pay not in excess of 
the daily equivalent of the highest rate of basic pay payable 
under the General Schedule of section 5332 of title 5, United 
States Code.
    (d) Relationship to Executive Branch.--The Director is 
authorized to secure information, data, estimates, and 
statistics directly from the various departments, agencies, and 
establishments of the executive branch of Government and the 
regulatory agencies and commissions of the Government. All such 
departments, agencies, establishments, and regulatory agencies 
and commissions shall furnish the Director any available 
material which he determines to be necessary in the performance 
of his duties and functions (other than material the disclosure 
of which would be a violation of law). The Director is also 
authorized, upon agreement with the head of any such 
department, agency, establishment, or regulatory agency or 
commission, to utilize its services, facilities, and personnel 
with or without reimbursement; and the head of each such 
department, agency, establishment, or regulatory agency or 
commission is authorized to provide the Office such services, 
facilities, and personnel.
    (e) Relationship to Other Agencies of Congress.--In 
carrying out the duties and functions of the Office, and for 
the purpose of coordinating the operations of the Office with 
those of other congressional agencies with a view to utilizing 
most effectively the information, services, and capabilities of 
all such agencies in carrying out the various responsibilities 
assigned to each, the Director is authorized to obtain 
information, data, estimates, and statistics developed by the 
General Accounting Office,\12\ and the Library of Congress, and 
(upon agreement with them) to utilize their services, 
facilities, and personnel with or without reimbursement. The 
Comptroller General, and the Librarian of Congress are 
authorized to provide the Office with the information, data, 
estimates, and statistics, and the services, facilities, and 
personnel, referred to in the preceding sentence.
---------------------------------------------------------------------------
    \12\ The ``General Accounting Office'' was renamed the ``Government 
Accountability Office'' by the GAO Human Capital Reform Act of 2004 
(Public Law 108-271, 118 Stat. 811, enacted July 7, 2004).
---------------------------------------------------------------------------
    (f) Revenue Estimates.--For the purposes of revenue 
legislation which is income, estate and gift, excise, and 
payroll taxes (i.e., Social Security), considered or enacted in 
any session of Congress, the Congressional Budget Office shall 
use exclusively during that session of Congress revenue 
estimates provided to it by the Joint Committee on Taxation. 
During that session of Congress such revenue estimates shall be 
transmitted by the Congressional Budget Office to any committee 
of the House of Representatives or the Senate requesting such 
estimates, and shall be used by such Committees in determining 
such estimates. The Budget Committees of the Senate and House 
shall determine all estimates with respect to scoring points of 
order and with respect to the execution of the purposes of this 
Act.
    (g) Appropriations.--There are authorized to be 
appropriated to the Office for each fiscal year such sums as 
may be necessary to enable it to carry out its duties and 
functions. Until sums are first appropriated pursuant to the 
preceding sentence, but for a period not exceeding 12 months 
following the effective date of this subsection, the expenses 
of the Office shall be paid from the contingent fund of the 
Senate, in accordance with the paragraph relating to the 
contingent fund of the Senate under the heading ``UNDER 
LEGISLATIVE'' in the Act of October 1, 1888 (28 Stat. 546; 2 
U.S.C. 68), and upon vouchers approved by the Director.
                          duties and functions
    Sec. 202. [2 U.S.C. 602] (a) Assistance to Budget 
Committees.--It shall be the primary duty and function of the 
Office to provide to the Committees on the Budget of both 
Houses information which will assist such committees in the 
discharge of all matters within their jurisdictions, including 
(1) information with respect to the budget, appropriation 
bills, and other bills authorizing or providing new budget 
authority or tax expenditures, (2) information with respect to 
revenues, receipts, estimated future revenues and receipts, and 
changing revenue conditions, and (3) such related information 
as such Committees may request.
    (b) Assistance to Committees on Appropriations, Ways and 
Means, and Finance.--At the request of the Committee on 
Appropriations of either House, the Committee on Ways and Means 
of the House of Representatives, or the Committee on Finance of 
the Senate, the Office shall provide to such Committee any 
information which will assist it in the discharge of matters 
within its jurisdiction, including information described in 
clauses (1) and (2) of subsection (a) and such related 
information as the Committee may request.
    (c) Assistance to Other Committees and Members.--
            (1) At the request of any other committee of the 
        House of Representatives or the Senate or any joint 
        committee of the Congress, the Office shall provide to 
        such committee or joint committee any information 
        compiled in carrying out clauses (1) and (2) of 
        subsection (a), and, to the extent practicable, such 
        additional information related to the foregoing as may 
        be requested.
            (2) At the request of any committee of the Senate 
        or the House of Representatives, the Office shall, to 
        the extent practicable, consult with and assist such 
        committee in analyzing the budgetary or financial 
        impact of any proposed legislation that may have--
                    (A) a significant budgetary impact on 
                State, local, or tribal governments;
                    (B) a significant financial impact on the 
                private sector; or
                    (C) a significant employment impact on the 
                private sector.
            (3) At the request of any Member of the House or 
        Senate, the Office shall provide to such member any 
        information compiled in carrying out clauses (1) and 
        (2) of subsection (a), and, to the extent available, 
        such additional information related to the foregoing as 
        may be requested.
    (d) Assignment of Office Personnel to Committees and Joint 
Committees.--At the request of the Committee on the Budget of 
either House, personnel of the Office shall be assigned, on a 
temporary basis, to assist such committee. At the request of 
any other committee of either House or any joint committee of 
the Congress, personnel of the Office may be assigned, on a 
temporary basis, to assist such committee or joint committee 
with respect to matters directly related to the applicable 
provisions of subsection (b) or (c).
    (e) Reports to Budget Committees.--
            (1) On or before February 15 of each year, the 
        Director shall submit to the Committees on the Budget 
        of the House of Representatives and the Senate, a 
        report for the fiscal year commencing on October 1 of 
        that year, with respect to fiscal policy, including (A) 
        alternative levels of total revenues, total new budget 
        authority, and total outlays (including related 
        surpluses and deficits), (B) the levels of tax 
        expenditures under existing law, taking into account 
        projected economic factors and any changes in such 
        levels based on proposals in the budget submitted by 
        the President for such fiscal year, and (C) a statement 
        of the levels of budget authority and outlays for each 
        program assumed to be extended in the baseline, as 
        provided in section 257(b)(2)(A) and for excise taxes 
        assumed to be extended under section 257(b)(2)(C) of 
        the Balanced Budget and Emergency Deficit Control Act 
        of 1985. Such report shall also include a discussion of 
        national budget priorities, including alternative ways 
        of allocating new budget authority and budget outlays 
        for such fiscal year among major programs or functional 
        categories, taking into account how such alternative 
        allocations will meet major national needs and affect 
        balanced growth and development of the United States.
            (2) The Director shall from time to time submit to 
        the Committees on the Budget of the House of 
        Representatives and the Senate such further reports 
        (including reports revising the report required by 
        paragraph (1)) as may be necessary or appropriate to 
        provide such Committees with information, data, and 
        analyses for the performance of their duties and 
        functions.
            (3) On or before January 15 of each year, the 
        Director, after consultation with the appropriate 
        committees of the House of Representatives and Senate, 
        shall submit to the Congress a report listing (A) all 
        programs and activities funded during the fiscal year 
        ending September 30 of that calendar year for which 
        authorizations for appropriations have not been enacted 
        for that fiscal year, and (B) all programs and 
        activities for which authorizations for appropriations 
        have been enacted for the fiscal year ending September 
        30 of that calendar year, but for which no 
        authorizations for appropriations have been enacted for 
        the fiscal year beginning October 1 of that calendar 
        year.
    (f) Use of Computers and Other Techniques.--The Director 
may equip the Office with up-to-date computer capability (upon 
approval of the Committee on House Oversight of the House of 
Representatives and the Committee on Rules and Administration 
of the Senate), obtain the services of experts and consultants 
in computer technology, and develop techniques for the 
evaluation of budgetary requirements.
    (g) Studies.--
            (1) Continuing studies.--The Director of the 
        Congressional Budget Office shall conduct continuing 
        studies to enhance comparisons of budget outlays, 
        credit authority, and tax expenditures.
            (2) Federal mandate studies.--
                    (A) At the request of any Chairman or 
                ranking member of the minority of a Committee 
                of the Senate or the House of Representatives, 
                the Director shall, to the extent practicable, 
                conduct a study of a legislative proposal 
                containing a Federal mandate.
                    (B) In conducting a study on 
                intergovernmental mandates under subparagraph 
                (A), the Director shall--
                            (i) solicit and consider 
                        information or comments from elected 
                        officials (including their designated 
                        representatives) of State, local, or 
                        tribal governments as may provide 
                        helpful information or comments;
                            (ii) consider establishing advisory 
                        panels of elected officials or their 
                        designated representatives, of State, 
                        local, or tribal governments if the 
                        Director determines that such advisory 
                        panels would be helpful in performing 
                        responsibilities of the Director under 
                        this section; and
                            (iii) if, and to the extent that 
                        the Director determines that accurate 
                        estimates are reasonably feasible, 
                        include estimates of--
                                    (I) the future direct cost 
                                of the Federal mandate to the 
                                extent that such costs 
                                significantly differ from or 
                                extend beyond the 5-year period 
                                after the mandate is first 
                                effective; and
                                    (II) any disproportionate 
                                budgetary effects of Federal 
                                mandates upon particular 
                                industries or sectors of the 
                                economy, States, regions, and 
                                urban or rural or other types 
                                of communities, as appropriate.
                    (C) In conducting a study on private sector 
                mandates under subparagraph (A), the Director 
                shall provide estimates, if and to the extent 
                that the Director determines that such 
                estimates are reasonably feasible, of--
                            (i) future costs of Federal private 
                        sector mandates to the extent that such 
                        mandates differ significantly from or 
                        extend beyond the 5-year time period 
                        referred to in subparagraph 
                        (B)(iii)(I);
                            (ii) any disproportionate financial 
                        effects of Federal private sector 
                        mandates and of any Federal financial 
                        assistance in the bill or joint 
                        resolution upon any particular 
                        industries or sectors of the economy, 
                        States, regions, and urban or rural or 
                        other types of communities; and
                            (iii) the effect of Federal private 
                        sector mandates in the bill or joint 
                        resolution on the national economy, 
                        including the effect on productivity, 
                        economic growth, full employment, 
                        creation of productive jobs, and 
                        international competitiveness of United 
                        States goods and services.
                      public access to budget data
    Sec. 203. [2 U.S.C. 603] (a) Right To Copy.--Except as 
provided in subsections (c), (d), and (e), the Director shall 
make all information, data, estimates, and statistics obtained 
under sections 201(d) and 201(e) available for public copying 
during normal business hours, subject to reasonable rules and 
regulations, and shall to the extent practicable, at the 
request of any person, furnish a copy of any such information, 
data, estimates, or statistics upon payment by such person of 
the cost of making and furnishing such copy.
    (b) Index.--The Director shall develop and maintain filing, 
coding, and indexing systems that identify the information, 
data, estimates, and statistics to which subsection (a) applies 
and shall make such systems available for public use during 
normal business hours.
    (c) Exceptions.--Subsection (a) shall not apply to 
information, data, estimates, and statistics--
            (1) which are specifically exempted from disclosure 
        by law; or
            (2) which the Director determines will disclose--
                    (A) matters necessary to be kept secret in 
                the interests of national defense or the 
                confidential conduct of the foreign relations 
                of the United States;
                    (B) information relating to trade secrets 
                or financial or commercial information 
                pertaining specifically to a given person if 
                the information has been obtained by the 
                Government on a confidential basis, other than 
                through an application by such person for a 
                specific financial or other benefit, and is 
                required to be kept secret in order to prevent 
                undue injury to the competitive position of 
                such person; or
                    (C) personnel or medical data or similar 
                data the disclosure of which would constitute a 
                clearly unwarranted invasion of personal 
                privacy;
        unless the portions containing such matters, 
        information, or data have been excised.
    (d) Information Obtained for Committees and Members.--
Subsection (a) shall apply to any information, data, estimates, 
and statistics obtained at the request of any committee, joint 
committee, or Member unless such committee, joint committee, or 
Member has instructed the Director not to make such 
information, data, estimates, or statistics available for 
public copying.
    (e) Level of Confidentiality.--With respect to information, 
data, estimates, and statistics obtained under sections 201(d) 
and 201(e), the Director shall maintain the same level of 
confidentiality as is required by law of the department, 
agency, establishment, or regulatory agency or commission from 
which it is obtained. Officers and employees of the 
Congressional Budget Office shall be subject to the same 
statutory penalties for unauthorized disclosure or use as 
officers or employees of the department, agency, establishment, 
or regulatory agency or commission from which it is obtained.

                Title III--Congressional Budget Process

                               timetable
    Sec. 300. [2 U.S.C. 631] The timetable with respect to the 
congressional budget process for any fiscal year is as follows:

On or before:       Action to be completed:
  First Monday in FePresident submits his budget........................
  February 15.......Congressional Budget Office submits report to Budget 
                    Committees.
  Not later than 6 weeks after President submits budget 
    ................Committees submit views and estimates to Budget ....
                    Committees.
  April 1...........Senate Budget Committee reports concurrent .........
                    resolution on the budget.
  April 15..........Congress completes action on concurrent resolution .
                    on the budget.
  May 15............Annual appropriation bills may be considered in the 
                    House.
  June 10...........House Appropriations Committee reports last annual .
                    appropriation bill.
  June 15...........Congress completes action on reconciliation ........
                    legislation.
  June 30...........House completes action on annual appropriation .....
                    bills.
  October 1.........Fiscal year begins..................................
         annual adoption of concurrent resolution on the budget
    Sec. 301. [2 U.S.C. 632] (a) Content of Concurrent 
Resolution on the Budget.--On or before April 15 of each year, 
the Congress shall complete action on a concurrent resolution 
on the budget for the fiscal year beginning on October 1 of 
such year. The concurrent resolution shall set forth 
appropriate levels for the fiscal year beginning on October 1 
of such year and for at least each of the 4 ensuing fiscal 
years for the following--
            (1) totals of new budget authority and outlays;
            (2) total Federal revenues and the amount, if any, 
        by which the aggregate level of Federal revenues should 
        be increased or decreased by bills and resolutions to 
        be reported by the appropriate committees;
            (3) the surplus or deficit in the budget;
            (4) new budget authority and outlays for each major 
        functional category, based on allocations of the total 
        levels set forth pursuant to paragraph (1);
            (5) the public debt;
            (6) For purposes of Senate enforcement under this 
        title, outlays of the old-age, survivors, and 
        disability insurance program established under title II 
        of the Social Security Act for the fiscal year of the 
        resolution and for each of the 4 succeeding fiscal 
        years; and
            (7) For purposes of Senate enforcement under this 
        title, revenues of the old-age, survivors, and 
        disability insurance program established under title II 
        of the Social Security Act (and the related provisions 
        of the Internal Revenue Code of 1986) for the fiscal 
        year of the resolution and for each of the 4 succeeding 
        fiscal years.
The concurrent resolution shall not include the outlays and 
revenue totals of the old age,&rvivors, and disability 
insurance program established under title II of the Social 
Security Act or the related provisions of the Internal Revenue 
Code of 1986 in the surplus or deficit totals required by this 
subsection or in any other surplus or deficit totals required 
by this title.
    (b) Additional Matters in Concurrent Resolution.--The 
concurrent resolution on the budget may--
            (1) set forth, if required by subsection (f), the 
        calendar year in which, in the opinion of the Congress, 
        the goals for reducing unemployment set forth in 
        section 4(b) of the Employment Act of 1946 should be 
        achieved;
            (2) include reconciliation directives described in 
        section 310;
            (3) require a procedure under which all or certain 
        bills or resolutions providing new budget authority or 
        new entitlement authority for such fiscal year shall 
        not be enrolled until the Congress has completed action 
        on any reconciliation bill or reconciliation resolution 
        or both required by such concurrent resolution to be 
        reported in accordance with section 310(b);
            (4) set forth such other matters, and require such 
        other procedures, relating to the budget, as may be 
        appropriate to carry out the purposes of this Act;
            (5) include a heading entitled ``Debt Increase as 
        Measure of Deficit'' in which the concurrent resolution 
        shall set forth the amounts by which the debt subject 
        to limit (in section 3101 of title 31 of the United 
        States Code) has increased or would increase in each of 
        the relevant fiscal years;
            (6) include a heading entitled ``Display of Federal 
        Retirement Trust Fund Balances'' in which the 
        concurrent resolution shall set forth the balances of 
        the Federal retirement trust funds;
            (7) set forth procedures in the Senate whereby 
        committee allocations, aggregates, and other levels can 
        be revised for legislation if that legislation would 
        not increase the deficit, or would not increase the 
        deficit when taken with other legislation enacted after 
        the adoption of the resolution, for the first fiscal 
        year or the total period of fiscal years covered by the 
        resolution;
            (8) set forth procedures to effectuate pay-as-you-
        go in the House of Representatives; and
            (9) set forth direct loan obligation and primary 
        loan guarantee commitment levels.
    (c) Consideration of Procedures or Matters Which Have the 
Effect of Changing any Rule of the House of Representatives.--
If the Committee on the Budget of the House of Representatives 
reports any concurrent resolution on the budget which includes 
any procedure or matter which has the effect of changing any 
rule of the House of Representatives, such concurrent 
resolution shall then be referred to the Committee on Rules 
with instructions to report it within five calendar days (not 
counting any day on which the House is not in session). The 
Committee on Rules shall have jurisdiction to report any 
concurrent resolution referred to it under this paragraph with 
an amendment or amendments changing or striking out any such 
procedure or matter.
    (d) Views and Estimates of Other Committees.--Within 6 
weeks after the President submits a budget under section 
1105(a) of title 31, United States Code, or at such time as may 
be requested by the Committee on the Budget, each committee of 
the House of Representatives having legislative jurisdiction 
shall submit to the Committee on the Budget of the House and 
each committee of the Senate having legislative jurisdiction 
shall submit to the Committee on the Budget of the Senate its 
views and estimates (as determined by the committee making such 
submission) with respect to all matters set forth in 
subsections (a) and (b) which relate to matters within the 
jurisdiction or functions of such committee. The Joint Economic 
Committee shall submit to the Committees on the Budget of both 
Houses its recommendations as to the fiscal policy appropriate 
to the goals of the Employment Act of 1946. Any other committee 
of the House of Representatives or the Senate may submit to the 
Committee on the Budget of its House, and any joint committee 
of the Congress may submit to the Committees on the Budget of 
both Houses, its views and estimates with respect to all 
matters set forth in subsections (a) and (b) which relate to 
matters within its jurisdiction or functions. Any Committee of 
the House of Representatives or the Senate that anticipates 
that the committee will consider any proposed legislation 
establishing, amending, or reauthorizing any Federal program 
likely to have a significant budgetary impact on any State, 
local, or tribal government, or likely to have a significant 
financial impact on the private sector, including any 
legislative proposal submitted by the executive branch likely 
to have such a budgetary or financial impact, shall include its 
views and estimates on that proposal to the Committee on the 
Budget of the applicable House.
    (e) Hearings and Report.--
            (1) In general.--In developing the concurrent 
        resolution on the budget referred to in subsection (a) 
        for each fiscal year, the Committee on the Budget of 
        each House shall hold hearings and shall receive 
        testimony from Members of Congress and such appropriate 
        representatives of Federal departments and agencies, 
        the general public, and national organizations as the 
        committee deems desirable. Each of the recommendations 
        as to short-term and medium-term goal set forth in the 
        report submitted by the members of the Joint Economic 
        Committee under subsection (d) may be considered by the 
        Committee on the Budget of each House as part of its 
        consideration of such concurrent resolution, and its 
        report may reflect its views thereon, including its 
        views on how the estimates of revenues and levels of 
        budget authority and outlays set forth in such 
        concurrent resolution are designed to achieve any goals 
        it is recommending.
            (2) Required contents of report.--The report 
        accompanying the resolution shall include--
                    (A) a comparison of the levels of total new 
                budget authority, total outlays, total 
                revenues, and the surplus or deficit for each 
                fiscal year set forth in the resolution with 
                those requested in the budget submitted by the 
                President;
                    (B) with respect to each major functional 
                category, an estimate of total new budget 
                authority and total outlays, with the estimates 
                divided between discretionary and mandatory 
                amounts;
                    (C) the economic assumptions that underlie 
                each of the matters set forth in the resolution 
                and any alternative economic assumptions and 
                objectives the committee considered;
                    (D) information, data, and comparisons 
                indicating the manner in which, and the basis 
                on which, the committee determined each of the 
                matters set forth in the resolution;
                    (E) the estimated levels of tax 
                expenditures (the tax expenditures budget) by 
                major items and functional categories for the 
                President's budget and in the resolution; and
                    (F) allocations described in section 
                302(a).
            (3) Additional contents of report.--The report 
        accompanying the resolution may include--
                    (A) a statement of any significant changes 
                in the proposed levels of Federal assistance to 
                State and local governments;
                    (B) an allocation of the level of Federal 
                revenues recommended in the resolution among 
                the major sources of such revenues;
                    (C) information, data, and comparisons on 
                the share of total Federal budget outlays and 
                of gross domestic product devoted to investment 
                in the budget submitted by the President and in 
                the resolution;
                    (D) the assumed levels of budget authority 
                and outlays for public buildings, with a 
                division between amounts for construction and 
                repair and for rental payments; and
                    (E) other matters, relating to the budget 
                and to fiscal policy, that the committee deems 
                appropriate.
    (f) Achievement of Goals for Reducing Unemployment.--
            (1) If, pursuant to section 4(c) of the Employment 
        Act of 1946, the President recommends in the Economic 
        Report that the goals for reducing unemployment set 
        forth in section 4(b) of such Act be achieved in a year 
        after the close of the five-year period prescribed by 
        such subsection, the concurrent resolution on the 
        budget for the fiscal year beginning after the date on 
        which such Economic Report is received by the Congress 
        may set forth the year in which, in the opinion of the 
        Congress, such goals can be achieved.
            (2) After the Congress has expressed its opinion 
        pursuant to paragraph (1) as to the year in which the 
        goals for reducing unemployment set forth in section 
        4(b) of the Employment Act of 1946 can be achieved, if, 
        pursuant to section 4(e) of such Act, the President 
        recommends in the Economic Report that such goals be 
        achieved in a year which is different from the year in 
        which the Congress has expressed its opinion that such 
        goals should be achieved, either in its action pursuant 
        to paragraph (1) or in its most recent action pursuant 
        to this paragraph, the concurrent resolution on the 
        budget for the fiscal year beginning after the date on 
        which such Economic Report is received by the Congress 
        may set forth the year in which, in the opinion of the 
        Congress, such goals can be achieved.
            (3) It shall be in order to amend the provision of 
        such resolution setting forth such year only if the 
        amendment thereto also proposes to alter the estimates, 
        amounts, and levels (as described in subsection (a)) 
        set forth in such resolution in germane fashion in 
        order to be consistent with the economic goals (as 
        described in sections 3(a)(2) and (4)(b) of the 
        Employment Act of 1946) which such amendment proposes 
        can be achieved by the year specified in such 
        amendment.
    (g) Economic Assumptions.--
            (1) It shall not be in order in the Senate to 
        consider any concurrent resolution on the budget for a 
        fiscal year, or any amendment thereto, or any 
        conference report thereon, that sets forth amounts and 
        levels that are determined on the basis of more than 
        one set of economic and technical assumptions.
            (2) The joint explanatory statement accompanying a 
        conference report on a concurrent resolution on the 
        budget shall set forth the common economic assumptions 
        upon which such joint statement and conference report 
        are based, or upon which any amendment contained in the 
        joint explanatory statement to be proposed by the 
        conferees in the case of technical disagreement, is 
        based.
            (3) Subject to periodic reestimation based on 
        changed economic conditions or technical estimates, 
        determinations under titles III and IV of the 
        Congressional Budget Act of 1974 shall be based upon 
        such common economic and technical assumptions.
    (h) Budget Committees Consultation With Committees.--The 
Committee on the Budget of the House of Representatives shall 
consult with the committees of its House having legislative 
jurisdiction during the preparation, consideration, and 
enforcement of the concurrent resolution on the budget with 
respect to all matters which relate to the jurisdiction or 
functions of such committees.
    (i) Social Security Point of Order.--It shall not be in 
order in the Senate to consider any concurrent resolution on 
the budget (or amendment, motion, or conference report on the 
resolution) that would decrease the excess of social security 
revenues over social security outlays in any of the fiscal 
years covered by the concurrent resolution. No change in 
chapter 1 of the Internal Revenue Code of 1986 shall be treated 
as affecting the amount of social security revenues unless such 
provision changes the income tax treatment of social security 
benefits.
                         committee allocations
    Sec. 302. [2 U.S.C. 633] (a) Committee Spending 
Allocations.--
            (1) Allocation among committees.--The joint 
        explanatory statement accompanying a conference report 
        on a concurrent resolution on the budget shall include 
        an allocation, consistent with the resolution 
        recommended in the conference report, of the levels for 
        the first fiscal year of the resolution, for at least 
        each of the ensuing 4 fiscal years, and a total for 
        that period of fiscal years (except in the case of the 
        Committee on Appropriations only for the fiscal year of 
        that resolution) of--
                    (A) total new budget authority; and
                    (B) total outlays;
        among each committee of the House of Representatives or 
        the Senate that has jurisdiction over legislation 
        providing or creating such amounts.
            (2) No double counting.--In the House of 
        Representatives, any item allocated to one committee 
        may not be allocated to another committee.
            (3) Further division of amounts.--
                    (A) In the senate.--In the Senate, the 
                amount allocated to the Committee on 
                Appropriations shall be further divided among 
                the categories specified in section 250(c)(4) 
                of the Balanced Budget and Emergency Deficit 
                Control Act of 1985 and shall not exceed the 
                limits for each category set forth in section 
                251(c) of that Act.
                    (B) In the house.--In the House of 
                Representatives, the amounts allocated to each 
                committee for each fiscal year, other than the 
                Committee on Appropriations, shall be further 
                divided between amounts provided or required by 
                law on the date of filing of that conference 
                report and amounts not so provided or required. 
                The amounts allocated to the Committee on 
                Appropriations shall be further divided--
                            (i) between discretionary and 
                        mandatory amounts or programs, as 
                        appropriate; and
                            (ii) consistent with the categories 
                        specified in section 250(c)(4) of the 
                        Balanced Budget and Emergency Deficit 
                        Control Act of 1985.
            (4) Amounts not allocated.--In the House of 
        Representatives or the Senate, if a committee receives 
        no allocation of new budget authority or outlays, that 
        committee shall be deemed to have received an 
        allocation equal to zero for new budget authority or 
        outlays.
            (5) Adjusting allocation of discretionary spending 
        in the house of representatives.--(A) If a concurrent 
        resolution on the budget is not adopted by April 15, 
        the chairman of the Committee on the Budget of the 
        House of Representatives shall submit to the House, as 
        soon as practicable, an allocation under paragraph (1) 
        to the Committee on Appropriations consistent with the 
        discretionary spending levels in the most recently 
        agreed to concurrent resolution on the budget for the 
        appropriate fiscal year covered by that resolution.
            (B) As soon as practicable after an allocation 
        under paragraph (1) is submitted under this section, 
        the Committee on Appropriations shall make 
        suballocations and report those suballocations to the 
        House of Representatives.
    (b) Suballocations by Appropriations Committees.--As soon 
as practicable after a concurrent resolution on the budget is 
agreed to, the Committee on Appropriations of each House (after 
consulting with the Committee on Appropriations of the other 
House) shall suballocate each amount allocated to it for the 
budget year under subsection (a) among its subcommittees. Each 
Committee on Appropriations shall promptly report to its House 
suballocations made or revised under this subsection. The 
Committee on Appropriations of the House of Representatives 
shall further divide among its subcommittees the divisions made 
under subsection (a)(3)(B) and promptly report those divisions 
to the House.
    (c) Point of Order.--After the Committee on Appropriations 
has received an allocation pursuant to subsection (a) for a 
fiscal year, it shall not be in order in the House of 
Representatives or the Senate to consider any bill, joint 
resolution, amendment, motion, or conference report within the 
jurisdiction of that committee providing new budget authority 
for that fiscal year, until that committee makes the 
suballocations required by subsection (b).
    (d) Subsequent Concurrent Resolutions.--In the case of a 
concurrent resolution on the budget referred to in section 304, 
the allocations under subsection (a) and the subdivisions under 
subsection (b) shall be required only to the extent necessary 
to take into account revisions made in the most recently agreed 
to concurrent resolution on the budget.
    (e) Alteration of Allocations.--At any time after a 
committee reports the allocations required to be made under 
subsection (b), such committee may report to its House an 
alteration of such allocations. Any alteration of such 
allocations must be consistent with any actions already taken 
by its House on legislation within the committee's 
jurisdiction.
    (f) Legislation Subject to Point of Order.--
            (1) In the house of representatives.--After the 
        Congress has completed action on a concurrent 
        resolution on the budget for a fiscal year, it shall 
        not be in order in the House of Representatives to 
        consider any bill, joint resolution, or amendment 
        providing new budget authority for any fiscal year, or 
        any conference report on any such bill or joint 
        resolution, 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 applicable allocation of new budget 
        authority made under subsection (a) or (b) for the 
        first fiscal year or the total of fiscal years to be 
        exceeded.
            (2) In the senate.--After a concurrent resolution 
        on the budget is agreed to, it shall not be in order in 
        the Senate to consider any bill, joint resolution, 
        amendment, motion, or conference report that would 
        cause--
                    (A) in the case of any committee except the 
                Committee on Appropriations, the applicable 
                allocation of new budget authority or outlays 
                under subsection (a) for the first fiscal year 
                or the total of fiscal years to be exceeded; or
                    (B) in the case of the Committee on 
                Appropriations, the applicable suballocation of 
                new budget authority or outlays under 
                subsection (b) to be exceeded.
    (g) Pay-as-You-Go Exception in the House.--
            (1) In general.--(A) Subsection (f)(1) and, after 
        April 15, section 303(a) shall not apply to any bill or 
        joint resolution, as reported, amendment thereto, or 
        conference report thereon if, for each fiscal year 
        covered by the most recently agreed to concurrent 
        resolution on the budget--
                    (i) the enactment of that bill or 
                resolution as reported;
                    (ii) the adoption and enactment of that 
                amendment; or
                    (iii) the enactment of that bill or 
                resolution in the form recommended in that 
                conference report,
        would not increase the deficit, and, if the sum of any 
        revenue increases provided in legislation already 
        enacted during the current session (when added to 
        revenue increases, if any, in excess of any outlay 
        increase provided by the legislation proposed for 
        consideration) is at least as great as the sum of the 
        amount, if any, by which the aggregate level of Federal 
        revenues should be increased as set forth in that 
        concurrent resolution and the amount, if any, by which 
        revenues are to be increased pursuant to pay-as-you-go 
        procedures under section 301(b)(8), if included in that 
        concurrent resolution.
            (B) Section 311(a), as that section applies to 
        revenues, shall not apply to any bill, joint 
        resolution, amendment thereto, or conference report 
        thereon if, for each fiscal year covered by the most 
        recently agreed to concurrent resolution on the 
        budget--
                    (i) the enactment of that bill or 
                resolution as reported;
                    (ii) the adoption and enactment of that 
                amendment; or
                    (iii) the enactment of that bill or 
                resolution in the form recommended in that 
                conference report,
        would not increase the deficit, and, if the sum of any 
        outlay reductions provided in legislation already 
        enacted during the current session (when added to 
        outlay reductions, if any, in excess of any revenue 
        reduction provided by the legislation proposed for 
        consideration) is at least as great as the sum of the 
        amount, if any, by which the aggregate level of Federal 
        outlays should be reduced as required by that 
        concurrent resolution and the amount, if any, by which 
        outlays are to be reduced pursuant to pay-as-you-go 
        procedures under section 301(b)(8), if included in that 
        concurrent resolution.
            (2) Revised allocations.--(A) As soon as 
        practicable after Congress agrees to a bill or joint 
        resolution that would have been subject to a point of 
        order under subsection (f)(1) but for the exception 
        provided in paragraph (1)(A) or would have been subject 
        to a point of order under section 311(a) but for the 
        exception provided in paragraph (1)(B), the chairman of 
        the committee on the Budget of the House of 
        Representatives shall file with the House appropriately 
        revised allocations under section 302(a) and revised 
        functional levels and budget aggregates to reflect that 
        bill.
            (B) Such revised allocations, functional levels, 
        and budget aggregates shall be considered for the 
        purposes of this Act as allocations, functional levels, 
        and budget aggregates contained in the most recently 
        agreed to concurrent resolution on the budget.
   concurrent resolution on the budget must be adopted before budget-
                   related legislation is considered
    Sec. 303. \13\ [2 U.S.C. 634] (a) In General.--Until the 
concurrent resolution on the budget for a fiscal year has been 
agreed to, it shall not be in order in the House of 
Representatives, with respect to the first fiscal year covered 
by that resolution, or the Senate, with respect to any fiscal 
year covered by that resolution, to consider any bill or joint 
resolution, amendment or motion thereto, or conference report 
thereon that--
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    \13\ In the House, the application of section 303 was modified for 
the 106th Congress by section 2(a)(3) of H. Res. 5 (106th Congress) on 
January 6, 1999, to clarify that, in the case of a reported bill or 
joint resolution considered pursuant to a special order, determinations 
under section 303 are for the text made in order as an original bill or 
joint resolution for the purpose of amendment or to the text on which 
the previous question is ordered directly to passage. This provision 
has been extended through House Resolutions through the 112th Congress.
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            (1) first provides new budget authority for that 
        fiscal year;
            (2) first provides an increase or decrease in 
        revenues during that fiscal year;
            (3) provides an increase or decrease in the public 
        debt limit to become effective during that fiscal year;
            (4) in the Senate only, first provides new 
        entitlement authority for that fiscal year; or
            (5) in the Senate only, first provides for an 
        increase or decrease in outlays for that fiscal year.
    (b) Exceptions in the House.-- In the House of 
Representatives, subsection (a) does not apply--
            (1)(A) to any bill or joint resolution, as 
        reported, providing advance discretionary new budget 
        authority that first becomes available for the first or 
        second fiscal year after the budget year; or
            (B) to any bill or joint resolution, as reported, 
        first increasing or decreasing revenues in a fiscal 
        year following the fiscal year to which the concurrent 
        resolution applies;
            (2) after May 15, to any general appropriation bill 
        or amendment thereto; or
            (3) to any bill or joint resolution unless it is 
        reported by a committee.
    (c) Application to Appropriation Measures in the Senate.--
            (1) In general.--Until the concurrent resolution on 
        the budget for a fiscal year has been agreed to and an 
        allocation has been made to the Committee on 
        Appropriations of the Senate under section 302(a) for 
        that year, it shall not be in order in the Senate to 
        consider any appropriation bill or joint resolution, 
        amendment or motion thereto, or conference report 
        thereon for that year or any subsequent year.
            (2) Exception.--Paragraph (1) does not apply to 
        appropriations legislation making advance 
        appropriations for the first or second fiscal year 
        after the year the allocation referred to in that 
        paragraph is made.
     permissible revisions of concurrent resolutions on the budget
    Sec. 304. [2 U.S.C. 635] At any time after the concurrent 
resolution on the budget for a fiscal year has been agreed to 
pursuant to section 301, and before the end of such fiscal 
year, the two Houses may adopt a concurrent resolution on the 
budget which revises or reaffirms the concurrent resolution on 
the budget for such fiscal year most recently agreed to.
 provisions relating to the consideration of concurrent resolutions on 
                               the budget
    Sec. 305. [2 U.S.C. 636] (a) \14\ Procedure in House of 
Representatives After Report of Committee; Debate.--
---------------------------------------------------------------------------
    \14\ See clause 10(a) of Rule XVIII of the Rules of the House of 
Representatives. See page 269.
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            (1) When a concurrent resolution on the budget has 
        been reported by the Committee on the Budget of the 
        House of Representatives and has been referred to the 
        appropriate calendar of the House, it shall be in order 
        on any day thereafter, subject to clause 2(l)(6) of 
        rule XI \15\ of the Rules of the House of 
        Representatives, to move to proceed to the 
        consideration of the concurrent resolution. The motion 
        is highly privileged and is not debatable. An amendment 
        to the motion is not in order and it is not in order to 
        move to reconsider the vote by which the motion is 
        agreed to or disagreed to.
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    \15\ Recodified at the beginning of the 106th Congress as clause 4 
of Rule XIII.
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            (2) General debate on any concurrent resolution on 
        the budget in the House of Representatives shall be 
        limited to not more than 10 hours, which shall be 
        divided equally between the majority and minority 
        parties, plus such additional hours of debate as are 
        consumed pursuant to paragraph (3). A motion further to 
        limit debate is not debatable. A motion to recommit the 
        concurrent resolution is not in order, and it is not in 
        order to move to reconsider the vote by which the 
        concurrent resolution is agreed to or disagreed to.
            (3) Following the presentation of opening 
        statements on the concurrent resolution on the budget 
        for a fiscal year by the chairman and ranking minority 
        member of the Committee on the Budget of the House, 
        there shall be a period of up to four hours for debate 
        on economic goals and policies.
            (4) Only if a concurrent resolution on the budget 
        reported by the Committee on the Budget of the House 
        sets forth the economic goals (as described in sections 
        3(a)(2) and (4)(b) of the Full Employment Act of 1946) 
        which the estimates, amounts, and levels (as described 
        in section 301(a)) set forth in such resolution are 
        designed to achieve, shall it be in order to offer to 
        such resolution an amendment relating to such goals, 
        and such amendment shall be in order only if it also 
        proposes to alter such estimates, amounts, and levels 
        in germane fashion in order to be consistent with the 
        goals proposed in such amendment.
            (5) \16\ Consideration of any concurrent resolution 
        on the budget by the House of Representatives shall be 
        in the Committee of the Whole, and the resolution shall 
        be considered for amendment under the five-minute rule 
        in accordance with the applicable provisions of rule 
        XXIII \17\ of the Rules of the House of 
        Representatives. After the Committee rises and reports 
        the resolution back to the House, the previous question 
        shall be considered as ordered on the resolution and 
        any amendments thereto to final passage without 
        intervening motion; except that it shall be in order at 
        any time prior to final passage (notwithstanding any 
        other rule or provision of law) to adopt an amendment 
        (or a series of amendments) changing any figure or 
        figures in the resolution as so reported to the extent 
        necessary to achieve mathematical consistency.
---------------------------------------------------------------------------
    \16\ See clause 10(c) of Rule XVIII of the Rules of the House of 
Representatives on page 269.
    \17\ Recodified at the beginning of the 106th Congress as Rule 
XVIII.
---------------------------------------------------------------------------
            (6) Debate in the House of Representatives on the 
        conference report on any concurrent resolution on the 
        budget shall be limited to not more than 5 hours, which 
        shall be divided equally between the majority and 
        minority parties. A motion further to limit debate is 
        not debatable. A motion to recommit the conference 
        report is not in order, and it is not in order to move 
        to reconsider the vote by which the conference report 
        is agreed to or disagreed to.
            (7) Appeals from decisions of the Chair relating to 
        the application of the Rules of the House of 
        Representatives to the procedure relating to any 
        concurrent resolution on the budget shall be decided 
        without debate.
    (b) Procedure in Senate After Report of Committee; Debate; 
Amendments.--
            (1) Debate in the Senate on any concurrent 
        resolution on the budget, and all amendments thereto 
        and debatable motions and appeals in connection 
        therewith, shall be limited to not more than 50 hours, 
        except that with respect to any concurrent resolution 
        referred to in section 304(a) all such debate shall be 
        limited to not more than 15 hours. The time shall be 
        equally divided between, and controlled by, the 
        majority leader and the minority leader or their 
        designees.
            (2) Debate in the Senate on any amendment to a 
        concurrent resolution on the budget shall be limited to 
        2 hours, to be equally divided between, and controlled 
        by, the mover and the manager of the concurrent 
        resolution, and debate on any amendment to an 
        amendment, debatable motion, or appeal shall be limited 
        to 1 hour, to be equally divided between, and 
        controlled by, the mover and the manager of the 
        concurrent resolution, except that in the event the 
        manager of the concurrent resolution is in favor of any 
        such amendment, motion, or appeal, the time in 
        opposition thereto shall be controlled by the minority 
        leader or his designee. No amendment that is not 
        germane to the provisions of such concurrent resolution 
        shall be received. Such leaders, or either of them, 
        may, from the time under their control on the passage 
        of the concurrent resolution, allot additional time to 
        any Senator during the consideration of any amendment, 
        debatable motion, or appeal.
            (3) Following the presentation of opening 
        statements on the concurrent resolution on the budget 
        for a fiscal year by the chairman and ranking minority 
        member of the Committee on the Budget of the Senate, 
        there shall be a period of up to four hours for debate 
        on economic goals and policies.
            (4) Subject to the other limitations of this Act, 
        only if a concurrent resolution on the budget reported 
        by the Committee on the Budget of the Senate sets forth 
        the economic goals (as described in sections 3(a)(2) 
        and 4(b) of the Employment Act of 1946) which the 
        estimates, amounts, and levels (as described in section 
        301(a)) set forth in such resolution are designed to 
        achieve, shall it be in order to offer to such 
        resolution an amendment relating to such goals, and 
        such amendment shall be in order only if it also 
        proposes to alter such estimates, amounts, and levels 
        in germane fashion in order to be consistent with the 
        goals proposed in such amendment.
            (5) A motion to further limit debate is not 
        debatable. A motion to recommit (except a motion to 
        recommit with instructions to report back within a 
        specified number of days, not to exceed 3, not counting 
        any day on which the Senate is not in session) is not 
        in order. Debate on any such motion to recommit shall 
        be limited to 1 hour, to be equally divided between, 
        and controlled by, the mover and the manager of the 
        concurrent resolution.
            (6) Notwithstanding any other rule, an amendment or 
        series of amendments to a concurrent resolution on the 
        budget proposed in the Senate shall always be in order 
        if such amendment or series of amendments proposes to 
        change any figure or figures then contained in such 
        concurrent resolution so as to make such concurrent 
        resolution mathematically consistent or so as to 
        maintain such consistency.
    (c) Action on Conference Reports in the Senate.--
            (1) A motion to proceed to the consideration of the 
        conference report on any concurrent resolution on the 
        budget (or a reconciliation bill or resolution) may be 
        made even though a previous motion to the same effect 
        has been disagreed to.
            (2) During the consideration in the Senate of the 
        conference report (or a message between Houses) on any 
        concurrent resolution on the budget, and all amendments 
        in disagreement, and all amendments thereto, and 
        debatable motions and appeals in connection therewith, 
        debate shall be limited to 10 hours, to be equally 
        divided between, and controlled by, the majority leader 
        and minority leader or their designees. Debate on any 
        debatable motion or appeal related to the conference 
        report (or a message between Houses) shall be limited 
        to 1 hour, to be equally divided between, and 
        controlled by, the mover and the manager of the 
        conference report (or a message between Houses).
            (3) Should the conference report be defeated, 
        debate on any request for a new conference and the 
        appointment of conferrees shall be limited to 1 hour, 
        to be equally divided between, and controlled by, the 
        manager of the conference report and the minority 
        leader or his designee, and should any motion be made 
        to instruct the conferees before the conferees are 
        named, debate on such motion shall be limited to one-
        half hour, to be equally divided between, and 
        controlled by, the mover and the manager of the 
        conference report. Debate on any amendment to any such 
        instructions shall be limited to 20 minutes, to be 
        equally divided between and controlled by the mover and 
        the manager of the conference report. In all cases when 
        the manager of the conference report is in favor of any 
        motion, appeal, or amendment, the time in opposition 
        shall be under the control of the minority leader or 
        his designee.
            (4) In any case in which there are amendments in 
        disagreement, time on each amendment shall be limited 
        to 30 minutes, to be equally divided between, and 
        controlled by, the manager of the conference report and 
        the minority leader or his designee. No amendment that 
        is not germane to the provisions of such amendments 
        shall be received.
    (d) Concurrent Resolution Must be Consistent in the 
Senate.--It shall not be in order in the Senate to vote on the 
question of agreeing to--
            (1) a concurrent resolution on the budget unless 
        the figures then contained in such resolution are 
        mathematically consistent; or
            (2) a conference report on a concurrent resolution 
        on the budget unless the figures contained in such 
        resolution, as recommended in such conference report, 
        are mathematically consistent.
legislation dealing with congressional budget must be handled by budget 
                               committees
    Sec. 306. [2 U.S.C. 637] No bill, resolution, amendment, 
motion, or conference report, dealing with any matter which is 
within the jurisdiction of the Committee on the Budget of 
either House shall be considered in that House unless it is a 
bill or resolution which has been reported by the Committee on 
the Budget of that House (or from the consideration of which 
such committee has been discharged) or unless it is an 
amendment to such a bill or resolution.
 house committee action on all appropriation bills to be completed by 
                                june 10
    Sec. 307. [2 U.S.C. 638] On or before June 10 of each year, 
the Committee on Appropriations of the House of Representatives 
shall report annual appropriation bills providing new budget 
authority under the jurisdiction of all of its subcommittees 
for the fiscal year which begins on October 1 of that year.
  reports, summaries, and projections of congressional budget actions
    Sec. 308. [2 U.S.C. 639] (a) Reports on Legislation 
Providing New Budget Authority or Providing an Increase or 
Decrease in Revenues or Tax Expenditures.--
            (1) Whenever a committee of either House reports to 
        its House a bill or joint resolution, or committee 
        amendment thereto, providing new budget authority 
        (other than continuing appropriations) or providing an 
        increase or decrease in revenues or tax expenditures 
        for a fiscal year (or fiscal years), the report 
        accompanying that bill or joint resolution shall 
        contain a statement, or the committee shall make 
        available such a statement in the case of an approved 
        committee amendment which is not reported to its House, 
        prepared after consultation with the Director of the 
        Congressional Budget Office--
                    (A) comparing the levels in such measure to 
                the appropriate allocations in the reports 
                submitted under section 302(b) for the most 
                recently agreed to concurrent resolution on the 
                budget for such fiscal year (or fiscal years);
                    (B) containing a projection by the 
                Congressional Budget Office of how such measure 
                will affect the levels of such budget 
                authority, budget outlays, revenues, or tax 
                expenditures under existing law for such fiscal 
                year (or fiscal years) and each of the four 
                ensuing fiscal years, if timely submitted 
                before such report is filed; and
                    (C) containing an estimate by the 
                Congressional Budget Office of the level of new 
                budget authority for assistance to State and 
                local governments provided by such measure, if 
                timely submitted before such report is filed.
            (2) Whenever a conference report is filed in either 
        House and such conference report or any amendment 
        reported in disagreement or any amendment contained in 
        the joint statement of managers to be proposed by the 
        conferees in the case of technical disagreement on such 
        bill or joint resolution provides new budget authority 
        (other than continuing appropriations) or provides an 
        increase or decrease in revenues for a fiscal year (or 
        fiscal years), the statement of managers accompanying 
        such conference report shall contain the information 
        described in paragraph (1), if available on a timely 
        basis. If such information is not available when the 
        conference report is filed, the committee shall make 
        such information available to Members as soon as 
        practicable prior to the consideration of such 
        conference report.
            (3) CBO paygo estimates.--
                    (A) The Chairs of the Committees on the 
                Budget of the House and Senate, as applicable, 
                shall request from the Director of the 
                Congressional Budget Office an estimate of the 
                budgetary effects of PAYGO legislation.
                    (B) Estimates shall be prepared using 
                baseline estimates supplied by the 
                Congressional Budget Office, consistent with 
                section 257 of the Balanced Budget and 
                Emergency Deficit Control Act of 1985.
                    (C) The Director shall not count timing 
                shifts, as that term is defined at section 3(8) 
                of the Statutory Pay-As-You-Go Act of 2010, in 
                estimates of the budgetary effects of PAYGO 
                Legislation.
    (b) Up-To-Date Tabulations of Congressional Budget 
Action.--
            (1) The Director of the Congressional Budget Office 
        shall issue to the committees of the House of 
        Representatives and the Senate reports on at least a 
        monthly basis detailing and tabulating the progress of 
        congressional action on bills and joint resolutions 
        providing new budget authority or providing an increase 
        or decrease in revenues or tax expenditures for each 
        fiscal year covered by a concurrent resolution on the 
        budget. Such reports shall include but are not limited 
        to an up-to-date tabulation comparing the appropriate 
        aggregate and functional levels (including outlays) 
        included in the most recently adopted concurrent 
        resolution on the budget with the levels provided in 
        bills and joint resolutions reported by committees or 
        adopted by either House or by the Congress, and with 
        the levels provided by law for the fiscal year 
        preceding the first fiscal year covered by the 
        appropriate concurrent resolution.
            (2) The Committee on the Budget of each House shall 
        make available to Members of its House summary budget 
        scorekeeping reports. Such reports--
                    (A) shall be made available on at least a 
                monthly basis, but in any case frequently 
                enough to provide Members of each House an 
                accurate representation of the current status 
                of congressional consideration of the budget;
                    (B) shall include, but are not limited to 
                summaries of tabulations provided under 
                subsection (b)(1); and
                    (C) shall be based on information provided 
                under subsection (b)(1) without substantive 
                revision.
The chairman of the Committee on the Budget of the House of 
Representatives shall submit such reports to the Speaker.
    (c) Five-Year Projection of Congressional Budget Act.--As 
soon as practicable after the beginning of each fiscal year, 
the Director of the Congressional Budget Office shall issue a 
report projecting for the period of 5 fiscal years beginning 
with such fiscal year--
            (1) total new budget authority and total budget 
        outlays for each fiscal year in such period;
            (2) revenues to be received and the major sources 
        thereof, and the surplus or deficit, if any, for each 
        fiscal year in such period;
            (3) tax expenditures for each fiscal year in such 
        period; and
            (4) entitlement authority for each fiscal year in 
        such period.
    (d) Scorekeeping Guidelines.--Estimates under this section 
shall be provided in accordance with the scorekeeping 
guidelines determined under section 252(d)(5) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.
             house approval of regular appropriation bills
    Sec. 309. [2 U.S.C. 640] 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 
approved annual appropriation bills providing new budget 
authority under the jurisdiction of all the subcommittees of 
the Committee on Appropriations for the fiscal year beginning 
on October 1 of such year. For purposes of this section, the 
chairman of the Committee on Appropriations of the House of 
Representatives shall periodically advise the Speaker as to 
changes in jurisdiction among its various subcommittees.
                          reconciliation \18\
    Sec. 310. [2 U.S.C. 641] (a) Inclusion of Reconciliation 
Directives in Concurrent Resolutions on the Budget.--A 
concurrent resolution on the budget for any fiscal year, to the 
extent necessary to effectuate the provisions and requirements 
of such resolution, shall--
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    \18\ A point of order now lays against a reconciliation bill that 
has the net effect of increasing direct spending. Clause 7 of rule XXI 
of the Rules of the House of Representatives for the 112th Congress 
provides as follows:

    ``7. It shall not be in order to consider a concurrent resolution 
on the budget, or an amendment thereto, or a conference report thereon 
that contains reconciliation directives under section 310 of the 
Congressional Budget Act of 1974 that specify changes in law such that 
the reconciliation legislation reported pursuant to such directives 
would cause an increase in net direct spending (as such term is defined 
in clause 10) for the period covered by such concurrent resolution.''
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            (1) specify the total amount by which--
                    (A) new budget authority for such fiscal 
                year;
                    (B) budget authority initially provided for 
                prior fiscal years;
                    (C) new entitlement authority which is to 
                become effective during such fiscal year; and
                    (D) credit authority for such fiscal year,
        contained in laws, bills, and resolutions within the 
        jurisdiction of a committee is to be changed and direct 
        that committee to determine and recommend changes to 
        accomplish a change of such total amount;
            (2) specify the total amount by which revenues are 
        to be changed and direct that the committees having 
        jurisdiction to determine and recommend changes in the 
        revenue laws, bills, and resolutions to accomplish a 
        change of such total amount;
            (3) specify the amounts by which the statutory 
        limit on the public debt is to be changed and direct 
        the committee having jurisdiction to recommend such 
        change; or
            (4) specify and direct any combination of the 
        matters described in paragraphs (1), (2), and (3) 
        (including a direction to achieve deficit reduction).
    (b) Legislative Procedure.--If a concurrent resolution 
containing directives to one or more committees to determine 
and recommend changes in laws, bills, or resolutions is agreed 
to in accordance with subsection (a), and--
            (1) only one committee of the House or the Senate 
        is directed to determine and recommend changes, that 
        committee shall promptly make such determination and 
        recommendations and report to its House reconciliation 
        legislation containing such recommendations; or
            (2) more than one committee of the House or the 
        Senate is directed to determine and recommend changes, 
        each such committee so directed shall promptly make 
        such determination and recommendations and submit such 
        recommendations to the Committee on the Budget of its 
        House, which upon receiving all such recommendations, 
        shall report to its House reconciliation legislation 
        carrying out all such recommendations without any 
        substantive revision.
For purposes of this subsection, a reconciliation resolution is 
a concurrent resolution directing the Clerk of the House of 
Representatives or the Secretary of the Senate, as the case may 
be, to make specified changes in bills and resolutions which 
have not been enrolled.
    (c) Compliance With Reconciliation Directions.--(1) Any 
committee of the House of Representatives or the Senate that is 
directed, pursuant to a concurrent resolution on the budget, to 
determine and recommend changes of the type described in 
paragraphs (1) and (2) of subsection (a) with respect to laws 
within its jurisdiction, shall be deemed to have complied with 
such directions--
            (A) if--
                    (i) the amount of the changes of the type 
                described in paragraph (1) of such subsection 
                recommended by such committee do not exceed or 
                fall below the amount of the changes such 
                committee was directed by such concurrent 
                resolution to recommend under that paragraph by 
                more than--
                            (I) in the Senate, 20 percent of 
                        the total of the amounts of the changes 
                        such committee was directed to make 
                        under paragraphs (1) and (2) of such 
                        subsection; or
                            (II) in the House of 
                        Representatives, 20 percent of the sum 
                        of the absolute value of the changes 
                        the committee was directed to make 
                        under paragraph (1) and the absolute 
                        value of the changes the committee was 
                        directed to make under paragraph (2); 
                        and
                    (ii) the amount of the changes of the type 
                described in paragraph (2) of such subsection 
                recommended by such committee do not exceed or 
                fall below the amount of the changes such 
                committee was directed by such concurrent 
                resolution to recommend under that paragraph by 
                more than--
                            (I) in the Senate, 20 percent of 
                        the total of the amounts of the changes 
                        such committee was directed to make 
                        under paragraphs (1) and (2) of such 
                        subsection; or
                            (II) in the House of 
                        Representatives, 20 percent of the sum 
                        of the absolute value of the changes 
                        the committee was directed to make 
                        under paragraph (1) and the absolute 
                        value of the changes the committee was 
                        directed to make under paragraph (2); 
                        and
            (B) if the total amount of the changes recommended 
        by such committee is not less than the total of the 
        amounts of the changes such committee was directed to 
        make under paragraphs (1) and (2) of such subsection.
            (2)(A) Upon the reporting to the Committee on the 
        Budget of the Senate of a recommendation that shall be 
        deemed to have complied with such directions solely by 
        virtue of this subsection, the chairman of that 
        committee may file with the Senate appropriately 
        revised allocations under section 302(a) and revised 
        functional levels and aggregates to carry out this 
        subsection.
            (B) Upon the submission to the Senate of a 
        conference report recommending a reconciliation bill or 
        resolution in which a committee shall be deemed to have 
        complied with such directions solely by virtue of this 
        subsection, the chairman of the Committee on the Budget 
        of the Senate may file with the Senate appropriately 
        revised allocations under section 302(a) and revised 
        functional levels and aggregates to carry out this 
        subsection.
            (C) Allocations, functional levels, and aggregates 
        revised pursuant to this paragraph shall be considered 
        to be allocations, functional levels, and aggregates 
        contained in the concurrent resolution on the budget 
        pursuant to section 301.
            (D) Upon the filing of revised allocations pursuant 
        to this paragraph, the reporting committee shall report 
        revised allocations pursuant to section 302(b) to carry 
        out this subsection.
    (d) Limitation on Amendments to Reconciliation Bills and 
Resolutions.--
            (1) It shall not be in order in the House of 
        Representatives to consider any amendment to a 
        reconciliation bill or reconciliation resolution if 
        such amendment would have the effect of increasing any 
        specific budget outlays above the level of such outlays 
        provided in the bill or resolution (for the fiscal 
        years covered by the reconciliation instructions set 
        forth in the most recently agreed to concurrent 
        resolution on the budget), or would have the effect of 
        reducing any specific Federal revenues below the level 
        of such revenues provided in the bill or resolution 
        (for such fiscal years), unless such amendment makes at 
        least an equivalent reduction in other specific budget 
        outlays, an equivalent increase in other specific 
        Federal revenues, or an equivalent combination thereof 
        (for such fiscal years), except that a motion to strike 
        a provision providing new budget authority or new 
        entitlement authority may be in order.
            (2) It shall not be in order in the Senate to 
        consider any amendment to a reconciliation bill or 
        reconciliation resolution if such amendment would have 
        the effect of decreasing any specific budget outlay 
        reductions below the level of such outlay reductions 
        provided (for the fiscal years covered) in the 
        reconciliation instructions which relate to such bill 
        or resolution set forth in a resolution providing for 
        reconciliation, or would have the effect of reducing 
        Federal revenue increases below the level of such 
        revenue increases provided (for such fiscal years) in 
        such instructions relating to such bill or resolution, 
        unless such amendment makes a reduction in other 
        specific budget outlays, an increase in other specific 
        Federal revenues, or a combination thereof (for such 
        fiscal years) at least equivalent to any increase in 
        outlays or decrease in revenues provided by such 
        amendment, except that a motion to strike a provision 
        shall always be in order.
            (3) Paragraphs (1) and (2) shall not apply if a 
        declaration of war by the Congress is in effect.
            (4) For purposes of this section, the levels of 
        budget outlays and Federal revenues for a fiscal year 
        shall be determined on the basis of estimates made by 
        the Committee on the Budget of the House of 
        Representatives or of the Senate, as the case may be.
            (5) The Committee on Rules of the House of 
        Representatives may make in order amendments to achieve 
        changes specified by reconciliation directives 
        contained in a concurrent resolution on the budget if a 
        committee or committees of the House fail to submit 
        recommended changes to its Committee on the Budget 
        pursuant to its instruction.
    (e) Procedure in the Senate.--
            (1) Except as provided in paragraph (2), the 
        provisions of section 305 for the consideration in the 
        Senate of concurrent resolutions on the budget and 
        conference reports thereon shall also apply to the 
        consideration in the Senate of reconciliation bills 
        reported under subsection (b) and conference reports 
        thereon.
            (2) Debate in the Senate on any reconciliation bill 
        reported under subsection (b), and all amendments 
        thereto and debatable motions and appeals in connection 
        therewith, shall be limited to not more than 20 hours.
    (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 the 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 301 or 304, or a joint resolution pursuant to 
section 258C of the Balanced Budget and Emergency Deficit 
Control Act of 1985, or any amendment thereto or conference 
report thereon, that contains recommendations with respect to 
the old-age, survivors, and disability insurance program 
established under title II of the Social Security Act.
      budget-related legislation must be within appropriate levels
    Sec. 311. [2 U.S.C. 642] (a) Enforcement of Budget 
Aggregates.--
            (1) In the house of representatives.--Except as 
        provided by subsection (c), after the Congress has 
        completed action on a concurrent resolution on the 
        budget for a fiscal year, it shall not be in order in 
        the House of Representatives to consider any bill, 
        joint resolution, amendment, motion, or conference 
        report providing new budget authority or reducing 
        revenues, if--
                    (A) the enactment of that bill or 
                resolution as reported;
                    (B) the adoption and enactment of that 
                amendment; or
                    (C) the enactment of that bill or 
                resolution in the form recommended in that 
                conference report;
        would cause the level of total new budget authority or 
        total outlays set forth in the applicable concurrent 
        resolution on the budget for the first fiscal year to 
        be exceeded, or would cause revenues to be less than 
        the level of total revenues set forth in that 
        concurrent resolution for the first fiscal year or for 
        the total of that first fiscal year and the ensuing 
        fiscal years for which allocations are provided under 
        section 302(a), except when a declaration of war by the 
        Congress is in effect.
            (2) In the senate.--After a concurrent resolution 
        on the budget is agreed to, it shall not be in order in 
        the Senate to consider any bill, joint resolution, 
        amendment, motion, or conference report that--
                    (A) would cause the level of total new 
                budget authority or total outlays set forth for 
                the first fiscal year in the applicable 
                resolution to be exceeded; or
                    (B) would cause revenues to be less than 
                the level of total revenues set forth for that 
                first fiscal year or for the total of that 
                first fiscal year and the ensuing fiscal years 
                in the applicable resolution for which 
                allocations are provided under section 302(a).
            (3) Enforcement of social security levels in the 
        senate.--After a concurrent resolution on the budget is 
        agreed to, it shall not be in order in the Senate to 
        consider any bill, joint resolution, amendment, motion, 
        or conference report that would cause a decrease in 
        social security surpluses or an increase in social 
        security deficits relative to the levels set forth in 
        the applicable resolution for the first fiscal year or 
        for the total of that fiscal year and the ensuing 
        fiscal years for which allocations are provided under 
        section 302(a).
    (b) Social Security Levels.--
            (1) In general.--For purposes of subsection (a)(3), 
        social security surpluses equal the excess of social 
        security revenues over social security outlays in a 
        fiscal year or years with such an excess and social 
        security deficits equal the excess of social security 
        outlays over social security revenues in a fiscal year 
        or years with such an excess.
            (2) Tax treatment.--For purposes of subsection 
        (a)(3), no provision of any legislation involving a 
        change in chapter 1 of the Internal Revenue Code of 
        1986 shall be treated as affecting the amount of social 
        security revenues or outlays unless that provision 
        changes the income tax treatment of social security 
        benefits.
    (c) Exception in the House of Representatives.--Subsection 
(a)(1) shall not apply in the House of Representatives to any 
bill, joint resolution, or amendment that provides new budget 
authority for a fiscal year or to any conference report on any 
such bill or resolution, if--
            (1) the enactment of that bill or resolution as 
        reported;
            (2) the adoption and enactment of that amendment; 
        or
            (3) the enactment of that bill or resolution in the 
        form recommended in that conference report;
would not cause the appropriate allocation of new budget 
authority made pursuant to section 302(a) for that fiscal year 
to be exceeded.
                   determinations and points of order
    Sec. 312. [2 U.S.C. 643] (a) Budget Committee 
Determinations.--For purposes of this title and title IV, the 
levels of new budget authority, outlays, direct spending, new 
entitlement authority, and revenues for a fiscal year shall be 
determined on the basis of estimates made by the Committee on 
the Budget of the House of Representatives or the Senate, as 
applicable.
    (b) Discretionary Spending Point of Order in the Senate.--
            (1) In general.--Except as otherwise provided in 
        this subsection, it shall not be in order in the Senate 
        to consider any bill or resolution (or amendment, 
        motion, or conference report on that bill or 
        resolution) that would exceed any of the discretionary 
        spending limits in section 251(c) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985.
            (2) Exceptions.--This subsection shall not apply if 
        a declaration of war by the Congress is in effect or if 
        a joint resolution pursuant to section 258 of the 
        Balanced Budget and Emergency Deficit Control Act of 
        1985 \19\ has been enacted.
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    \19\ The Congressional Budget Office is not required to prepare a 
report under section 258 pursuant to section 104(b) of the Budget 
Control Act of 2011 (Public Law 112-25). See page 178.
---------------------------------------------------------------------------
    (c) Maximum Deficit Amount Point of Order in the Senate.--
It shall not be in order in the Senate to consider any 
concurrent resolution on the budget for a fiscal year, or to 
consider any amendment to that concurrent resolution, or to 
consider a conference report on that concurrent resolution, 
if--
            (1) the level of total outlays for the first fiscal 
        year set forth in that concurrent resolution or 
        conference report exceeds; or
            (2) the adoption of that amendment would result in 
        a level of total outlays for that fiscal year that 
        exceeds;
the recommended level of Federal revenues for that fiscal year, 
by an amount that is greater than the maximum deficit amount, 
if any, specified in the Balanced Budget and Emergency Deficit 
Control Act of 1985 for that fiscal year.
    (d) Timing of Points of Order in the Senate.--A point of 
order under this Act may not be raised against a bill, 
resolution, amendment, motion, or conference report while an 
amendment or motion, the adoption of which would remedy the 
violation of this Act, is pending before the Senate.
    (e) Points of Order in the Senate Against Amendments 
Between the Houses.--Each provision of this Act that 
establishes a point of order against an amendment also 
establishes a point of order in the Senate against an amendment 
between the Houses. If a point of order under this Act is 
raised in the Senate against an amendment between the Houses 
and the point of order is sustained, the effect shall be the 
same as if the Senate had disagreed to the amendment.
    (f) Effect of a Point of Order in the Senate.--In the 
Senate, if a point of order under this Act against a bill or 
resolution is sustained, the Presiding Officer shall then 
recommit the bill or resolution to the committee of appropriate 
jurisdiction for further consideration.
            extraneous matter in reconciliation legislation
    Sec. 313. [2 U.S.C. 644] (a) In General.--When the Senate 
is considering a reconciliation bill or a reconciliation 
resolution pursuant to section 310 (whether that bill or 
resolution originated in the Senate or the House) or section 
258C of the Balanced Budget and Emergency Deficit Control Act 
of 1985, upon a point of order being made by any Senator 
against material extraneous to the instructions to a committee 
which is contained in any title or provision of the bill or 
resolution or offered as an amendment to the bill or 
resolution, and 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) 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 310 
shall be considered extraneous if such provision does not 
produce a change in outlays or revenue, 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 non-budgetary 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 
310(g).
    (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 
revenue 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 provision 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.
    (c) Extraneous Materials.--Upon the reporting or discharge 
of a reconciliation bill or resolution pursuant to section 310 
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) Conference Reports.--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 310, 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), 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.
    (e) General Point of Order.--Notwithstanding any other law 
or rule of the Senate, it shall be in order for a Senator to 
raise a single point of order that several provisions of a 
bill, resolution, amendment, motion, or conference report 
violate this section. The Presiding Officer may sustain the 
point of order as to some or all of the provisions against 
which the Senator raised the point of order. If the Presiding 
Officer so sustains the point of order as to some of the 
provisions (including provisions of an amendment, motion, or 
conference report) against which the Senator raised the point 
of order, then only those provisions (including provisions of 
an amendment, motion, or conference report) against which the 
Presiding Officer sustains the point of order shall be deemed 
stricken pursuant to this section. Before the Presiding Officer 
rules on such a point of order, any Senator may move to waive 
such a point of order as it applies to some or all of the 
provisions against which the point of order was raised. Such a 
motion to waive is amendable in accordance with the rules and 
precedents of the Senate. After the Presiding Officer rules on 
such a point of order, any Senator may appeal the ruling of the 
Presiding Officer on such a point of order as it applies to 
some or all of the provisions on which the Presiding Officer 
ruled.
    Sec. 314. [2 U.S.C. 645] (a) Adjustments.--After the 
reporting of a bill or joint resolution or the offering of an 
amendment thereto or the submission of a conference report 
thereon, the chairman of the Committee on the Budget of the 
House of Representatives or the Senate may make appropriate 
budgetary adjustments of new budget authority and the outlays 
flowing therefrom in the same amount as required by section 
251(b) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.
    (b) Application of Adjustments.--The adjustments made 
pursuant to subsection (a) for legislation shall--
            (1) apply while that legislation is under 
        consideration;
            (2) take effect upon the enactment of that 
        legislation; and
            (3) be published in the Congressional Record as 
        soon as practicable.
    (c) Reporting Revised Suballocations.--Following any 
adjustment made under subsection (a), the Committees on 
Appropriations of the Senate and the House of Representatives 
may report appropriately revised suballocations under section 
302(b) to carry out this section.
    (d) Emergencies in the House of Representatives.--(1) In 
the House of Representatives, if a reported bill or joint 
resolution, or amendment thereto or conference report thereon, 
contains a provision providing new budget authority and outlays 
or reducing revenue, and a designation of such provision as an 
emergency requirement pursuant to 251(b)(2)(A) \20\ of the 
Balanced Budget and Emergency Deficit Control Act of 1985, the 
chair of the Committee on the Budget of the House of 
Representatives shall not count the budgetary effects of such 
provision for purposes of title III and title IV of the 
Congressional Budget Act of 1974 and the Rules of the House of 
Representatives.
---------------------------------------------------------------------------
    \20\ 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 reads as follows:
    (A) Emergency appropriations; overseas contingency operations/
global war on terrorism.--If, for any fiscal year, appropriations for 
discretionary accounts are enacted that--
    (i) the Congress designates as emergency requirements in statute on 
an account by account basis and the President subsequently so 
designates, or
    (ii) the Congress designates for Overseas Contingency Operations/
Global War on Terrorism in statute on an account by account basis and 
the President subsequently so designates, the adjustment shall be the 
total of such appropriations in discretionary accounts designated as 
emergency requirements or for Overseas Contingency Operations/Global 
War on Terrorism, as applicable. See page 88.
---------------------------------------------------------------------------
            (2)(A) In the House of Representatives, if a 
        reported bill or joint resolution, or amendment thereto 
        or conference report thereon, contains a provision 
        providing new budget authority and outlays or reducing 
        revenue, and a designation of such provision as an 
        emergency pursuant to paragraph (1), the chair of the 
        Committee on the Budget shall not count the budgetary 
        effects of such provision for purposes of this title 
        and title IV and the Rules of the House of 
        Representatives.
                    (B) In the House of Representatives, a 
                proposal to strike a designation under 
                subparagraph (A) shall be excluded from an 
                evaluation of budgetary effects for purposes of 
                this title and title IV and the Rules of the 
                House of Representatives.
                    (C) An amendment offered under subparagraph 
                (B) that also proposes to reduce each amount 
                appropriated or otherwise made available by the 
                pending measure that is not required to be 
                appropriated or otherwise made available shall 
                be in order at any point in the reading of the 
                pending measure.
    (e) Senate Point of Order Against an Emergency 
Designation.--
            (1) In general.--When the Senate is considering a 
        bill, resolution, amendment, motion, amendment between 
        the Houses, or conference report, if a point of order 
        is made by a Senator against an emergency designation 
        in that measure, that provision making such a 
        designation shall be stricken from the measure and may 
        not be offered as an amendment from the floor.
            (2) Supermajority waiver and appeals.--
                    (A) Waiver.--Paragraph (1) may be waived or 
                suspended in the Senate only by an affirmative 
                vote of three-fifths of the Members, duly 
                chosen and sworn.
                    (B) Appeals.--Appeals in the Senate from 
                the decisions of the Chair relating to any 
                provision of this subsection shall be limited 
                to 1 hour, to be equally divided between, and 
                controlled by, the appellant and the manager of 
                the bill or joint resolution, as the case may 
                be. An affirmative vote of threefifths of the 
                Members of the Senate, duly chosen and sworn, 
                shall be required to sustain an appeal of the 
                ruling of the Chair on a point of order raised 
                under this subsection.
            (3) Definition of an emergency designation.--For 
        purposes of paragraph (1), a provision shall be 
        considered an emergency designation if it designates 
        any item pursuant to section 251(b)(2)(A)(i) of the 
        Balanced Budget and Emergency Deficit Control Act of 
        1985.
            (4) Form of the point of order.--A point of order 
        under paragraph (1) may be raised by a Senator as 
        provided in section 313(e) of the Congressional Budget 
        Act of 1974.
            (5) Conference reports.--When the Senate is 
        considering a conference report on, or an amendment 
        between the Houses in relation to, a bill, upon a point 
        of order being made by any Senator pursuant to this 
        section, and such point of order being sustained, such 
        material contained in such conference report shall be 
        deemed stricken, and the Senate shall proceed 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. 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.
    (f) Enforcement of Discretionary Spending Caps.--It shall 
not be in order in the House of Representatives or the Senate 
to consider any bill, joint resolution, amendment, motion, or 
conference report that would cause the discretionary spending 
limits as set forth in section 251 of the Balanced Budget and 
Emergency Deficit Control Act to be exceeded.
   effect of adoption of a special order of business in the house of 
                            representatives
    Sec. 315. [2 U.S.C. 645a] For purposes of a reported bill 
or joint resolution considered in the House of Representatives 
pursuant to a special order of business, the term ``as 
reported'' in this title or title IV shall be considered to 
refer to the text made in order as an original bill or joint 
resolution for the purpose of amendment or to the text on which 
the previous question is ordered directly to passage, as the 
case may be.

                   Title IV--Additional Provisions to
                       Improve Fiscal Procedures

                       Part A--General Provisions

        budget-related legislation not subject to appropriations
    Sec. 401. [2 U.S.C. 651] (a) Controls on Certain Budget-
related Legislation Not Subject to Appropriations.--It shall 
not be in order in either the House of Representatives or the 
Senate to consider any bill or joint resolution (in the House 
of Representatives only, as reported), amendment, motion, or 
conference report that provides--
            (1) new authority to enter into contracts under 
        which the United States is obligated to make outlays;
            (2) new authority to incur indebtedness (other than 
        indebtedness incurred under chapter 31 of title 31 of 
        the United States Code) for the repayment of which the 
        United States is liable; or
            (3) new credit authority;
unless that bill, joint resolution, amendment, motion, or 
conference report also provides that the new authority is to be 
effective for any fiscal year only to the extent or in the 
amounts provided in advance in appropriation Acts.
    (b) Legislation Providing New Entitlement Authority.--
            (1) Point of order.--It shall not be in order in 
        either the House of Representatives or the Senate to 
        consider any bill or joint resolution (in the House of 
        Representatives only, as reported), amendment, motion, 
        or conference report that provides new entitlement 
        authority that is to become effective during the 
        current fiscal year. \21\
---------------------------------------------------------------------------
    \21\ In the House, section 401(b) was clarified by section 2(a)(2) 
of H. Res. 5 (106th Congress) on January 6, 1999, to explain that 
pending the adoption by the Congress of a concurrent resolution on the 
budget for fiscal year 2000, a provision in a reported bill or joint 
resolution, or in an amendment thereto or a conference report thereon, 
that establishes a specified or minimum level of compensation to be 
funded by annual discretionary appropriations should not be considered 
as providing new entitlement authority within the meaning of the 
Congressional Budget Act of 1974. This provision has been extended by 
House Resolutions through the 112th Congress.
---------------------------------------------------------------------------
            (2) If any committee of the House of 
        Representatives or the Senate reports any bill or 
        resolution which provides new entitlement authority 
        which is to become effective during a fiscal year and 
        the amount of new budget authority which will be 
        required for such fiscal year if such bill or 
        resolution is enacted as so reported exceeds the 
        appropriate allocation of new budget authority reported 
        under section 302(b) \22\ in connection with the most 
        recently agreed to concurrent resolution on the budget 
        for such fiscal year, such bill or resolution shall 
        then be referred to the Committee on Appropriations of 
        the Senate or may then be referred to the Committee on 
        Appropriations of the House, as the case may be, with 
        instructions to report it, with the committee's 
        recommendations, within 15 calendar days (not counting 
        any day on which that House is not in session) 
        beginning with the day following the day on which it is 
        so referred. If the Committee on Appropriations of 
        either House fails to report a bill or resolution 
        referred to it under this paragraph within such 15-day 
        period, the committee shall automatically be discharged 
        from further consideration of such bill or resolution 
        and such bill or resolution shall be placed on the 
        appropriate calendar.
---------------------------------------------------------------------------
    \22\ So in law. The reference should be to ``section 302(a)''.
---------------------------------------------------------------------------
            (3) The Committee on Appropriations of each House 
        shall have jurisdiction to report any bill or 
        resolution referred to it under paragraph (2) with an 
        amendment which limits the total amount of new spending 
        authority provided in such bill or resolution.
    (c) Exceptions.--
            (1) Subsections (a) and (b) shall not apply to new 
        spending authority if the budget authority for outlays 
        which result from such new spending authority is 
        derived--
                    (A) from a trust fund established by the 
                Social Security Act (as in effect on the date 
                of the enactment of this Act); or
                    (B) from any other trust fund, 90 percent 
                or more of the receipts of which consist or 
                will consist of amounts (transferred from the 
                general fund of the Treasury) equivalent to 
                amounts of taxes (related to the purposes for 
                which such outlays are or will be made) 
                received in the Treasury under specified 
                provisions of the Internal Revenue Code of 
                1954.
            (2) Subsections (a) and (b) shall not apply to new 
        authority described in those subsections to the extent 
        that--
                    (A) the outlays resulting therefrom are 
                made by an organization which is (i) a mixed-
                ownership Government corporation (as defined in 
                section 201 of the Government Corporation 
                Control Act), or (ii) a wholly owned Government 
                corporation (as defined in section 101 of such 
                Act) which is specifically exempted by law from 
                compliance with any or all of the provisions of 
                that Act, as of the date of enactment of the 
                Balanced Budget and Emergency Deficit Control 
                Act of 1985; or
                    (B) the outlays resulting therefrom consist 
                exclusively of the proceeds of gifts or 
                bequests made to the United States for a 
                specific purpose.
                analysis by congressional budget office
    Sec. 402. \23\ [2 U.S.C. 653] The Director of the 
Congressional Budget Office shall, to the extent practicable, 
prepare for each bill or resolution of a public character 
reported by any committee of the House of Representatives or 
the Senate (except the Committee on Appropriations of each 
House), and submit to such committee--
---------------------------------------------------------------------------
    \23\ See clause 3(c)(3) of Rule XIII of the Rules of the House of 
Representatives on page 264.

    The clause reads as follows:
    ``(3) An estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 402 of the Congressional 
Budget Act of 1974 if timely submitted to the committee before the 
filing of the report.''
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            (1) an estimate of the costs which would be 
        incurred in carrying out such bill or resolution in the 
        fiscal year in which it is to become effective and in 
        each of the 4 fiscal years following such fiscal year, 
        together with the basis for each such estimate;
            (2) a comparison of the estimates of costs 
        described in paragraph (1), with any available 
        estimates of costs made by such committee or by any 
        Federal agency; and
            (3) a description of each method for establishing a 
        Federal financial commitment contained in such bill or 
        resolution.
The estimates, comparison, and description so submitted shall 
be included in the report accompanying such bill or resolution 
if timely submitted to such committee before such report is 
filed.
             jurisdiction of the appropriations committees
    Sec. 403.\24\ (a) Amendment of House Rules.--
---------------------------------------------------------------------------
    \24\ Section 403 made amendments to the jurisdiction of the 
Committees on Appropriations of the House of Representatives and the 
Senate. These amendments have been omitted.
---------------------------------------------------------------------------
           * * * * * * *
            (b) Amendment of Senate Rules.--
           * * * * * * *
    study by the general accounting office\25\ of forms of federal 
    financial commitment that are not reviewed annually by congress
    Sec. 404. [2 U.S.C. 654] The General Accounting Office\25\ 
shall study those provisions of law which provide mandatory 
spending and report to the Congress its recommendations for the 
appropriate form of financing for activities or programs 
financed by such provisions not later than eighteen months 
after the effective date of this section. Such report shall be 
revised from time to time.
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    \25\ The ``General Accounting Office'' was renamed the ``Government 
Accountability Office'' by the GAO Human Capital Reform Act of 2004 
(Public Law 108-271, 118 Stat. 811, enacted July 7, 2004).
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             off-budget agencies, programs, and activities
    Sec. 405. [2 U.S.C. 655] (a) Notwithstanding any other 
provision of law, budget authority, credit authority, and 
estimates of outlays and receipts for activities of the Federal 
budget which are off-budget immediately prior to the date of 
enactment of this section, not including activities of the 
Federal Old-Age and Survivors Insurance and Federal Disability 
Insurance Trust Funds, shall be included in a budget submitted 
pursuant to section 1105 of title 31, United States Code, and 
in a concurrent resolution on the budget reported pursuant to 
section 301 or section 304 of this Act and shall be considered, 
for purposes of this Act, budget authority, outlays, and 
spending authority in accordance with definitions set forth in 
this Act.
    (b) All receipts and disbursements of the Federal Financing 
Bank with respect to any obligations which are issued, sold, or 
guaranteed by a Federal agency shall be treated as a means of 
financing such agency for purposes of section 1105 of title 31, 
United States Code, and for purposes of this Act.
                           member user group
    Sec. 406. [2 U.S.C. 656] The Speaker of the House of 
Representatives, after consulting with the Minority Leader of 
the House, may appoint a Member User Group for the purpose of 
reviewing budgetary scorekeeping rules and practices of the 
House and advising the Speaker from time to time on the effect 
and impact of such rules and practices.

                     Part B--Federal Mandates \26\

SEC. 421. [2 U.S.C. 658] DEFINITIONS.

    For purposes of this part:
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    \26\ This part was added to title IV of the Congressional Budget 
and Impoundment Control Act of 1974 by section 101(a)(2) of the 
Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 109 Stat. 50).
---------------------------------------------------------------------------
            (1) Agency.--The term ``agency'' has the same 
        meaning as defined in section 551(1) of title 5, United 
        States Code, but does not include independent 
        regulatory agencies.
            (2) Amount.--The term ``amount'', with respect to 
        an authorization of appropriations for Federal 
        financial assistance, means the amount of budget 
        authority for any Federal grant assistance program or 
        any Federal program providing loan guarantees or direct 
        loans.
            (3) Direct costs.--The term ``direct costs''--
                    (A)(i) in the case of a Federal 
                intergovernmental mandate, means the aggregate 
                estimated amounts that all State, local, and 
                tribal governments would be required to spend 
                or would be prohibited from raising in revenues 
                in order to comply with the Federal 
                intergovernmental mandate; or
                    (ii) in the case of a provision referred to 
                in paragraph (5)(A)(ii), means the amount of 
                Federal financial assistance eliminated or 
                reduced;
                    (B) in the case of a Federal private sector 
                mandate, means the aggregate estimated amounts 
                that the private sector will be required to 
                spend in order to comply with the Federal 
                private sector mandate;
                    (C) shall be determined on the assumption 
                that--
                            (i) State, local, and tribal 
                        governments, and the private sector 
                        will take all reasonable steps 
                        necessary to mitigate the costs 
                        resulting from the Federal mandate, and 
                        will comply with applicable standards 
                        of practice and conduct established by 
                        recognized professional or trade 
                        associations; and
                            (ii) reasonable steps to mitigate 
                        the costs shall not include increases 
                        in State, local, or tribal taxes or 
                        fees; and
                    (D) shall not include--
                            (i) estimated amounts that the 
                        State, local, and tribal governments 
                        (in the case of a Federal 
                        intergovernmental mandate) or the 
                        private sector (in the case of a 
                        Federal private sector mandate) would 
                        spend--
                                    (I) to comply with or carry 
                                out all applicable Federal, 
                                State, local, and tribal laws 
                                and regulations in effect at 
                                the time of the adoption of the 
                                Federal mandate for the same 
                                activity as is affected by that 
                                Federal mandate; or
                                    (II) to comply with or 
                                carry out State, local, and 
                                tribal governmental programs, 
                                or private-sector business or 
                                other activities in effect at 
                                the time of the adoption of the 
                                Federal mandate for the same 
                                activity as is affected by that 
                                mandate; or
                            (ii) expenditures to the extent 
                        that such expenditures will be offset 
                        by any direct savings to the State, 
                        local, and tribal governments, or by 
                        the private sector, as a result of--
                                    (I) compliance with the 
                                Federal mandate; or
                                    (II) other changes in 
                                Federal law or regulation that 
                                are enacted or adopted in the 
                                same bill or joint resolution 
                                or proposed or final Federal 
                                regulation and that govern the 
                                same activity as is affected by 
                                the Federal mandate.
            (4) Direct savings.--The term ``direct savings'', 
        when used with respect to the result of compliance with 
        the Federal mandate--
                    (A) in the case of a Federal 
                intergovernmental mandate, means the aggregate 
                estimated reduction in costs to any State, 
                local, or tribal government as a result of 
                compliance with the Federal intergovernmental 
                mandate; and
                    (B) in the case of a Federal private sector 
                mandate, means the aggregate estimated 
                reduction in costs to the private sector as a 
                result of compliance with the Federal private 
                sector mandate.
            (5) Federal intergovernmental mandate.--The term 
        ``Federal intergovernmental mandate'' means--
                    (A) any provision in legislation, statute, 
                or regulation that--
                            (i) would impose an enforceable 
                        duty upon State, local, or tribal 
                        governments, except--
                                    (I) a condition of Federal 
                                assistance; or
                                    (II) a duty arising from 
                                participation in a voluntary 
                                Federal program, except as 
                                provided in subparagraph (B); 
                                or
                            (ii) would reduce or eliminate the 
                        amount of authorization of 
                        appropriations for--
                                    (I) Federal financial 
                                assistance that would be 
                                provided to State, local, or 
                                tribal governments for the 
                                purpose of complying with any 
                                such previously imposed duty 
                                unless such duty is reduced or 
                                eliminated by a corresponding 
                                amount; or
                                    (II) the control of borders 
                                by the Federal Government; or 
                                reimbursement to State, local, 
                                or tribal governments for the 
                                net cost associated with 
                                illegal, deportable, and 
                                excludable aliens, including 
                                court-mandated expenses related 
                                to emergency health care, 
                                education or criminal justice; 
                                when such a reduction or 
                                elimination would result in 
                                increased net costs to State, 
                                local, or tribal governments in 
                                providing education or 
                                emergency health care to, or 
                                incarceration of, illegal 
                                aliens; except that this 
                                subclause shall not be in 
                                effect with respect to a State, 
                                local, or tribal government, to 
                                the extent that such government 
                                has not fully cooperated in the 
                                efforts of the Federal 
                                Government to locate, 
                                apprehend, and deport illegal 
                                aliens;
                    (B) any provision in legislation, statute, 
                or regulation that relates to a then-existing 
                Federal program under which $500,000,000 or 
                more is provided annually to State, local, and 
                tribal governments under entitlement authority, 
                if the provision--
                            (i)(I) would increase the 
                        stringency of conditions of assistance 
                        to State, local, or tribal governments 
                        under the program; or
                            (II) would place caps upon, or 
                        otherwise decrease, the Federal 
                        Government's responsibility to provide 
                        funding to State, local, or tribal 
                        governments under the program; and
                            (ii) the State, local, or tribal 
                        governments that participate in the 
                        Federal program lack authority under 
                        that program to amend their financial 
                        or programmatic responsibilities to 
                        continue providing required services 
                        that are affected by the legislation, 
                        statute, or regulation.
            (6) Federal mandate.--The term ``Federal mandate'' 
        means a Federal intergovernmental mandate or a Federal 
        private sector mandate, as defined in paragraphs (5) 
        and (7).
            (7) Federal private sector mandate.--The term 
        ``Federal private sector mandate'' means any provision 
        in legislation, statute, or regulation that--
                    (A) would impose an enforceable duty upon 
                the private sector except--
                            (i) a condition of Federal 
                        assistance; or
                            (ii) a duty arising from 
                        participation in a voluntary Federal 
                        program; or
                    (B) would reduce or eliminate the amount of 
                authorization of appropriations for Federal 
                financial assistance that will be provided to 
                the private sector for the purposes of ensuring 
                compliance with such duty.
            (8) Local government.--The term ``local 
        government'' has the same meaning as defined in section 
        6501(6) of title 31, United States Code.
            (9) Private sector.--The term ``private sector'' 
        means all persons or entities in the United States, 
        including individuals, partnerships, associations, 
        corporations, and educational and nonprofit 
        institutions, but shall not include State, local, or 
        tribal governments.
            (10) Regulation; rule.--The term ``regulation'' or 
        ``rule'' (except with respect to a rule of either House 
        of the Congress) has the meaning of ``rule'' as defined 
        in section 601(2) of title 5, United States Code.
            (11) Small government.--The term ``small 
        government'' means any small governmental jurisdictions 
        defined in section 601(5) of title 5, United States 
        Code, and any tribal government.
            (12) State.--The term ``State'' has the same 
        meaning as defined in section 6501(9) of title 31, 
        United States Code.
            (13) Tribal government.--The term ``tribal 
        government'' means any Indian tribe, band, nation, or 
        other organized group or community, including any 
        Alaska Native village or regional or village 
        corporation as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (85 Stat. 688; 
        43 U.S.C. 1601 et seq.) which is recognized as eligible 
        for the special programs and services provided by the 
        United States to Indians because of their special 
        status as Indians.

SEC. 422. [2 U.S.C. 658A] EXCLUSIONS.

    This part shall not apply to any provision in a bill, joint 
resolution, amendment, motion, or conference report before 
Congress that--
            (1) enforces constitutional rights of individuals;
            (2) establishes or enforces any statutory rights 
        that prohibit discrimination on the basis of race, 
        color, religion, sex, national origin, age, handicap, 
        or disability;
            (3) requires compliance with accounting and 
        auditing procedures with respect to grants or other 
        money or property provided by the Federal Government;
            (4) provides for emergency assistance or relief at 
        the request of any State, local, or tribal government 
        or any official of a State, local, or tribal 
        government;
            (5) is necessary for the national security or the 
        ratification or implementation of international treaty 
        obligations;
            (6) the President designates as emergency 
        legislation and that the Congress so designates in 
        statute; or
            (7) relates to the old-age, survivors, and 
        disability insurance program under title II of the 
        Social Security Act (including taxes imposed by 
        sections 3101(a) and 3111(a) of the Internal Revenue 
        Code of 1986 (relating to old-age, survivors, and 
        disability insurance)).

SEC. 423. [2 U.S.C. 658B] DUTIES OF CONGRESSIONAL COMMITTEES.

    (a) In General.--When a committee of authorization of the 
Senate or the House of Representatives reports a bill or joint 
resolution of public character that includes any Federal 
mandate, the report of the committee accompanying the bill or 
joint resolution shall contain the information required by 
subsections (c) and (d).
    (b) Submission of Bills to the Director.--When a committee 
of authorization of the Senate or the House of Representatives 
orders reported a bill or joint resolution of a public 
character, the committee shall promptly provide the bill or 
joint resolution to the Director of the Congressional Budget 
Office and shall identify to the Director any Federal mandates 
contained in the bill or resolution.
    (c) Reports on Federal Mandates.--Each report described 
under subsection (a) shall contain--
            (1) an identification and description of any 
        Federal mandates in the bill or joint resolution, 
        including the direct costs to State, local, and tribal 
        governments, and to the private sector, required to 
        comply with the Federal mandates;
            (2) a qualitative, and if practicable, a 
        quantitative assessment of costs and benefits 
        anticipated from the Federal mandates (including the 
        effects on health and safety and the protection of the 
        natural environment); and
            (3) a statement of the degree to which a Federal 
        mandate affects both the public and private sectors and 
        the extent to which Federal payment of public sector 
        costs or the modification or termination of the Federal 
        mandate as provided under section 425(a)(2) would 
        affect the competitive balance between State, local, or 
        tribal governments and the private sector including a 
        description of the actions, if any, taken by the 
        committee to avoid any adverse impact on the private 
        sector or the competitive balance between the public 
        sector and the private sector.
    (d) Intergovernmental Mandates.--If any of the Federal 
mandates in the bill or joint resolution are Federal 
intergovernmental mandates, the report required under 
subsection (a) shall also contain--
            (1)(A) a statement of the amount, if any, of 
        increase or decrease in authorization of appropriations 
        under existing Federal financial assistance programs, 
        or of authorization of appropriations for new Federal 
        financial assistance, provided by the bill or joint 
        resolution and usable for activities of State, local, 
        or tribal governments subject to the Federal 
        intergovernmental mandates;
            (B) a statement of whether the committee intends 
        that the Federal intergovernmental mandates be partly 
        or entirely unfunded, and if so, the reasons for that 
        intention; and
            (C) if funded in whole or in part, a statement of 
        whether and how the committee has created a mechanism 
        to allocate the funding in a manner that is reasonably 
        consistent with the expected direct costs among and 
        between the respective levels of State, local, and 
        tribal government;
            (2) any existing sources of Federal assistance in 
        addition to those identified in paragraph (1) that may 
        assist State, local, and tribal governments in meeting 
        the direct costs of the Federal intergovernmental 
        mandates; and
            (3) if the bill or joint resolution would make the 
        reduction specified in section 421(5)(B)(i)(II), a 
        statement of how the committee specifically intends the 
        States to implement the reduction and to what extent 
        the legislation provides additional flexibility, if 
        any, to offset the reduction.
    (e) Preemption Clarification and Information.--When a 
committee of authorization of the Senate or the House of 
Representatives reports a bill or joint resolution of public 
character, the committee report accompanying the bill or joint 
resolution shall contain, if relevant to the bill or joint 
resolution, an explicit statement on the extent to which the 
bill or joint resolution is intended to preempt any State, 
local, or tribal law, and, if so, an explanation of the effect 
of such preemption.
    (f) Publication of Statement From the Director.--
            (1) In general.--Upon receiving a statement from 
        the Director under section 424, a committee of the 
        Senate or the House of Representatives shall publish 
        the statement in the committee report accompanying the 
        bill or joint resolution to which the statement relates 
        if the statement is available at the time the report is 
        printed.
            (2) Other publication of statement of director.--If 
        the statement is not published in the report, or if the 
        bill or joint resolution to which the statement relates 
        is expected to be considered by the Senate or the House 
        of Representatives before the report is published, the 
        committee shall cause the statement, or a summary 
        thereof, to be published in the Congressional Record in 
        advance of floor consideration of the bill or joint 
        resolution.

SEC. 424. [2 U.S.C. 658C] DUTIES OF THE DIRECTOR; STATEMENTS ON BILLS 
                    AND JOINT RESOLUTIONS OTHER THAN APPROPRIATIONS 
                    BILLS AND JOINT RESOLUTIONS.

    (a) Federal Intergovernmental Mandates in Reported Bills 
and Resolutions.--For each bill or joint resolution of a public 
character reported by any committee of authorization of the 
Senate or the House of Representatives, the Director of the 
Congressional Budget Office shall prepare and submit to the 
committee a statement as follows:
            (1) Contents.--If the Director estimates that the 
        direct cost of all Federal intergovernmental mandates 
        in the bill or joint resolution will equal or exceed 
        $50,000,000 (adjusted annually for inflation) in the 
        fiscal year in which any Federal intergovernmental 
        mandate in the bill or joint resolution (or in any 
        necessary implementing regulation) would first be 
        effective or in any of the 4 fiscal years following 
        such fiscal year, the Director shall so state, specify 
        the estimate, and briefly explain the basis of the 
        estimate.
            (2) Estimates.--Estimates required under paragraph 
        (1) shall include estimates (and brief explanations of 
        the basis of the estimates) of--
                    (A) the total amount of direct cost of 
                complying with the Federal intergovernmental 
                mandates in the bill or joint resolution;
                    (B) if the bill or resolution contains an 
                authorization of appropriations under section 
                425(a)(2)(B), the amount of new budget 
                authority for each fiscal year for a period not 
                to exceed 10 years beyond the effective date 
                necessary for the direct cost of the 
                intergovernmental mandate; and
                    (C) the amount, if any, of increase in 
                authorization of appropriations under existing 
                Federal financial assistance programs, or of 
                authorization of appropriations for new Federal 
                financial assistance, provided by the bill or 
                joint resolution and usable by State, local, or 
                tribal governments for activities subject to 
                the Federal intergovernmental mandates.
            (3) Additional flexibility information.--The 
        Director shall include in the statement submitted under 
        this subsection, in the case of legislation that makes 
        changes as described in section 421(5)(B)(i)(II)--
                    (A) if no additional flexibility is 
                provided in the legislation, a description of 
                whether and how the States can offset the 
                reduction under existing law; or
                    (B) if additional flexibility is provided 
                in the legislation, whether the resulting 
                savings would offset the reductions in that 
                program assuming the States fully implement 
                that additional flexibility.
            (4) Estimate not feasible.--If the Director 
        determines that it is not feasible to make a reasonable 
        estimate that would be required under paragraphs (1) 
        and (2), the Director shall not make the estimate, but 
        shall report in the statement that the reasonable 
        estimate cannot be made and shall include the reasons 
        for that determination in the statement. If such 
        determination is made by the Director, a point of order 
        under this part shall lie only under section 425(a)(1) 
        and as if the requirement of section 425(a)(1) had not 
        been met.
    (b) Federal Private Sector Mandates in Reported Bills and 
Joint Resolutions.--For each bill or joint resolution of a 
public character reported by any committee of authorization of 
the Senate or the House of Representatives, the Director of the 
Congressional Budget Office shall prepare and submit to the 
committee a statement as follows:
            (1) Contents.--If the Director estimates that the 
        direct cost of all Federal private sector mandates in 
        the bill or joint resolution will equal or exceed 
        $100,000,000 (adjusted annually for inflation) in the 
        fiscal year in which any Federal private sector mandate 
        in the bill or joint resolution (or in any necessary 
        implementing regulation) would first be effective or in 
        any of the 4 fiscal years following such fiscal year, 
        the Director shall so state, specify the estimate, and 
        briefly explain the basis of the estimate.
            (2) Estimates.--Estimates required under paragraph 
        (1) shall include estimates (and a brief explanation of 
        the basis of the estimates) of--
                    (A) the total amount of direct costs of 
                complying with the Federal private sector 
                mandates in the bill or joint resolution; and
                    (B) the amount, if any, of increase in 
                authorization of appropriations under existing 
                Federal financial assistance programs, or of 
                authorization of appropriations for new Federal 
                financial assistance, provided by the bill or 
                joint resolution usable by the private sector 
                for the activities subject to the Federal 
                private sector mandates.
            (3) Estimate not feasible.--If the Director 
        determines that it is not feasible to make a reasonable 
        estimate that would be required under paragraphs (1) 
        and (2), the Director shall not make the estimate, but 
        shall report in the statement that the reasonable 
        estimate cannot be made and shall include the reasons 
        for that determination in the statement.
    (c) Legislation Falling Below the Direct Costs 
Thresholds.--If the Director estimates that the direct costs of 
a Federal mandate will not equal or exceed the thresholds 
specified in subsections (a) and (b), the Director shall so 
state and shall briefly explain the basis of the estimate.
    (d) Amended Bills and Joint Resolutions; Conference 
Reports.--If a bill or joint resolution is passed in an amended 
form (including if passed by one House as an amendment in the 
nature of a substitute for the text of a bill or joint 
resolution from the other House) or is reported by a committee 
of conference in amended form, and the amended form contains a 
Federal mandate not previously considered by either House or 
which contains an increase in the direct cost of a previously 
considered Federal mandate, then the committee of conference 
shall ensure, to the greatest extent practicable, that the 
Director shall prepare a statement as provided in this 
subsection or a supplemental statement for the bill or joint 
resolution in that amended form.

SEC. 425. [2 U.S.C. 658D] LEGISLATION SUBJECT TO POINT OF ORDER.\27\

    (a) In General.--It shall not be in order in the Senate or 
the House of Representatives to consider--
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    \27\ Clause 11(a) of Rule XVIII of the Rules of the House of 
Representatives (112th Congress) provides for the enforcement of this 
section. Such paragraph provides as follows:
    ``(a) In the Committee of the Whole on the state of the Union, an 
amendment proposing only to strike an unfunded mandate from the portion 
of the bill then open to amendment, if otherwise in order, may be 
precluded from consideration only by specific terms of a special order 
of the House.''
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            (1) any bill or joint resolution that is reported 
        by a committee unless the committee has published a 
        statement of the Director on the direct costs of 
        Federal mandates in accordance with section 423(f) 
        before such consideration, except this paragraph shall 
        not apply to any supplemental statement prepared by the 
        Director under section 424(d); and
            (2) any bill, joint resolution, amendment, motion, 
        or conference report that would increase the direct 
        costs of Federal intergovernmental mandates by an 
        amount that causes the thresholds specified in section 
        424(a)(1) to be exceeded, unless--
                    (A) the bill, joint resolution, amendment, 
                motion, or conference report provides new 
                budget authority or new entitlement authority 
                in the House of Representatives or direct 
                spending authority in the Senate for each 
                fiscal year for such mandates included in the 
                bill, joint resolution, amendment, motion, or 
                conference report in an amount equal to or 
                exceeding the direct costs of such mandate; or
                    (B) the bill, joint resolution, amendment, 
                motion, or conference report includes an 
                authorization for appropriations in an amount 
                equal to or exceeding the direct costs of such 
                mandate, and--
                            (i) identifies a specific dollar 
                        amount of the direct costs of such 
                        mandate for each year up to 10 years 
                        during which such mandate shall be in 
                        effect under the bill, joint 
                        resolution, amendment, motion or 
                        conference report, and such estimate is 
                        consistent with the estimate determined 
                        under subsection (e) for each fiscal 
                        year;
                            (ii) identifies any appropriation 
                        bill that is expected to provide for 
                        Federal funding of the direct cost 
                        referred to under clause (i); and
                            (iii)(I) provides that for any 
                        fiscal year the responsible Federal 
                        agency shall determine whether there 
                        are insufficient appropriations for 
                        that fiscal year to provide for the 
                        direct costs under clause (i) of such 
                        mandate, and shall (no later than 30 
                        days after the beginning of the fiscal 
                        year) notify the appropriate 
                        authorizing committees of Congress of 
                        the determination and submit either--
                                    (aa) a statement that the 
                                agency has determined, based on 
                                a re-estimate of the direct 
                                costs of such mandate, after 
                                consultation with State, local, 
                                and tribal governments, that 
                                the amount appropriated is 
                                sufficient to pay for the 
                                direct costs of such mandate; 
                                or
                                    (bb) legislative 
                                recommendations for either 
                                implementing a less costly 
                                mandate or making such mandate 
                                ineffective for the fiscal 
                                year;
                            (II) provides for expedited 
                        procedures for the consideration of the 
                        statement or legislative 
                        recommendations referred to in 
                        subclause (I) by Congress no later than 
                        30 days after the statement or 
                        recommendations are submitted to 
                        Congress; and
                            (III) provides that such mandate 
                        shall--
                                    (aa) in the case of a 
                                statement referred to in 
                                subclause (I)(aa), cease to be 
                                effective 60 days after the 
                                statement is submitted unless 
                                Congress has approved the 
                                agency's determination by joint 
                                resolution during the 60-day 
                                period;
                                    (bb) cease to be effective 
                                60 days after the date the 
                                legislative recommendations of 
                                the responsible Federal agency 
                                are submitted to Congress under 
                                subclause (I)(bb) unless 
                                Congress provides otherwise by 
                                law; or
                                    (cc) in the case that such 
                                mandate that has not yet taken 
                                effect, continue not to be 
                                effective unless Congress 
                                provides otherwise by law.
    (b) Rule of Construction.--The provisions of subsection 
(a)(2)(B)(iii) shall not be construed to prohibit or otherwise 
restrict a State, local, or tribal government from voluntarily 
electing to remain subject to the original Federal 
intergovernmental mandate, complying with the programmatic or 
financial responsibilities of the original Federal 
intergovernmental mandate and providing the funding necessary 
consistent with the costs of Federal agency assistance, 
monitoring, and enforcement.
    (c) Committee on Appropriations.--
            (1) Application.--The provisions of subsection 
        (a)--
                    (A) shall not apply to any bill or 
                resolution reported by the Committee on 
                Appropriations of the Senate or the House of 
                Representatives; except
                    (B) shall apply to--
                            (i) any legislative provision 
                        increasing direct costs of a Federal 
                        intergovernmental mandate contained in 
                        any bill or resolution reported by the 
                        Committee on Appropriations of the 
                        Senate or House of Representatives;
                            (ii) any legislative provision 
                        increasing direct costs of a Federal 
                        intergovernmental mandate contained in 
                        any amendment offered to a bill or 
                        resolution reported by the Committee on 
                        Appropriations of the Senate or House 
                        of Representatives;
                            (iii) any legislative provision 
                        increasing direct costs of a Federal 
                        intergovernmental mandate in a 
                        conference report accompanying a bill 
                        or resolution reported by the Committee 
                        on Appropriations of the Senate or 
                        House of Representatives; and
                            (iv) any legislative provision 
                        increasing direct costs of a Federal 
                        intergovernmental mandate contained in 
                        any amendments in disagreement between 
                        the two Houses to any bill or 
                        resolution reported by the Committee on 
                        Appropriations of the Senate or House 
                        of Representatives.
            (2) Certain provisions stricken in senate.--Upon a 
        point of order being made by any Senator against any 
        provision listed in paragraph (1)(B), and the point of 
        order being sustained by the Chair, such specific 
        provision shall be deemed stricken from the bill, 
        resolution, amendment, amendment in disagreement, or 
        conference report and may not be offered as an 
        amendment from the floor.
    (d) Determinations of Applicability to Pending 
Legislation.--For purposes of this section, in the Senate, the 
presiding officer of the Senate shall consult with the 
Committee on Governmental Affairs, to the extent practicable, 
on questions concerning the applicability of this part to a 
pending bill, joint resolution, amendment, motion, or 
conference report.
    (e) Determinations of Federal Mandate Levels.--For purposes 
of this section, in the Senate, the levels of Federal mandates 
for a fiscal year shall be determined based on the estimates 
made by the Committee on the Budget.

SEC. 426. [2 U.S.C. 658E] PROVISIONS RELATING TO THE HOUSE OF 
                    REPRESENTATIVES.

    (a) Enforcement in the House of Representatives.--It shall 
not be in order in the House of Representatives to consider a 
rule or order that waives the application of section 425.
    (b) Disposition of Points of Order.--
            (1) Application to the house of representatives.--
        This subsection shall apply only to the House of 
        Representatives.
            (2) Threshold burden.--In order to be cognizable by 
        the Chair, a point of order under section 425 or 
        subsection (a) of this section must specify the precise 
        language on which it is premised.
            (3) Question of consideration.--As disposition of 
        points of order under section 425 or subsection (a) of 
        this section, the Chair shall put the question of 
        consideration with respect to the proposition that is 
        the subject of the points of order.
            (4) Debate and intervening motions.--A question of 
        consideration under this section shall be debatable for 
        10 minutes by each Member initiating a point of order 
        and for 10 minutes by an opponent on each point of 
        order, but shall otherwise be decided without 
        intervening motion except one that the House adjourn or 
        that the Committee of the Whole rise, as the case may 
        be.
            (5) Effect on amendment in order as original 
        text.--The disposition of the question of consideration 
        under this subsection with respect to a bill or joint 
        resolution shall be considered also to determine the 
        question of consideration under this subsection with 
        respect to an amendment made in order as original text.

SEC. 427. [2 U.S.C. 658F] REQUESTS TO THE CONGRESSIONAL BUDGET OFFICE 
                    FROM SENATORS.

    At the written request of a Senator, the Director shall, to 
the extent practicable, prepare an estimate of the direct costs 
of a Federal intergovernmental mandate contained in an 
amendment of such Senator.

SEC. 428. [2 U.S.C. 658G] CLARIFICATION OF APPLICATION.

    (a) In General.--This part applies to any bill, joint 
resolution, amendment, motion, or conference report that 
reauthorizes appropriations, or that amends existing 
authorizations of appropriations, to carry out any statute, or 
that otherwise amends any statute, only if enactment of the 
bill, joint resolution, amendment, motion, or conference 
report--
            (1) would result in a net reduction in or 
        elimination of authorization of appropriations for 
        Federal financial assistance that would be provided to 
        State, local, or tribal governments for use for the 
        purpose of complying with any Federal intergovernmental 
        mandate, or to the private sector for use to comply 
        with any Federal private sector mandate, and would not 
        eliminate or reduce duties established by the Federal 
        mandate by a corresponding amount; or
            (2) would result in a net increase in the aggregate 
        amount of direct costs of Federal intergovernmental 
        mandates or Federal private sector mandates other than 
        as described in paragraph (1).
    (b) Direct Costs.--
            (1) In general.--For purposes of this part, the 
        direct cost of the Federal mandates in a bill, joint 
        resolution, amendment, motion, or conference report 
        that reauthorizes appropriations, or that amends 
        existing authorizations of appropriations, to carry out 
        a statute, or that otherwise amends any statute, means 
        the net increase, resulting from enactment of the bill, 
        joint resolution, amendment, motion, or conference 
        report, in the amount described under paragraph (2)(A) 
        over the amount described under paragraph (2)(B).
            (2) Amounts.--The amounts referred to under 
        paragraph (1) are--
                    (A) the aggregate amount of direct costs of 
                Federal mandates that would result under the 
                statute if the bill, joint resolution, 
                amendment, motion, or conference report is 
                enacted; and
                    (B) the aggregate amount of direct costs of 
                Federal mandates that would result under the 
                statute if the bill, joint resolution, 
                amendment, motion, or conference report were 
                not enacted.
            (3) Extension of authorization of appropriations.--
        For purposes of this section, in the case of 
        legislation to extend authorization of appropriations, 
        the authorization level that would be provided by the 
        extension shall be compared to the authorization level 
        for the last year in which authorization of 
        appropriations is already provided.

    [FOR PART B OF TITLE IV, AS ADDED BY SECTION 101(A)(2) OF THE 
                    UNFUNDED MANDATES REFORM ACT OF 1995 (P.L. 104-4; 
                    109 STAT. 50), SEE APPENDIX.] deg.

                         Title V--Credit Reform

 H4  deg.SEC. 500. SHORT TITLE.

    This title may be cited as the ``Federal Credit Reform Act 
of 1990''.

 H4  deg.SEC. 501. [2 U.S.C. 661] PURPOSES.

    The purposes of this title are to--
            (1) measure more accurately the costs of Federal 
        credit programs;
            (2) place the cost of credit programs on a 
        budgetary basis equivalent to other Federal spending;
            (3) encourage the delivery of benefits in the form 
        most appropriate to the needs of beneficiaries; and
            (4) improve the allocation of resources among 
        credit programs and between credit and other spending 
        programs.

 H4  deg.SEC. 502. [2 U.S.C. 661A] DEFINITIONS.

    For purposes of this title--
            (1) The term ``direct loan'' means a disbursement 
        of funds by the Government to a non-Federal borrower 
        under a contract that requires the repayment of such 
        funds with or without interest. The term includes the 
        purchase of, or participation in, a loan made by 
        another lender and financing arrangements that defer 
        payment for more than 90 days, including the sale of a 
        government asset on credit terms. The term does not 
        include the acquisition of a federally guaranteed loan 
        in satisfaction of default claims or the price support 
        loans of the Commodity Credit Corporation.
            (2) The term ``direct loan obligation'' means a 
        binding agreement by a Federal agency to make a direct 
        loan when specified conditions are fulfilled by the 
        borrower.
            (3) The term ``loan guarantee'' means any 
        guarantee, insurance, or other pledge with respect to 
        the payment of all or a part of the principal or 
        interest on any debt obligation of a non-Federal 
        borrower to a non-Federal lender, but does not include 
        the insurance of deposits, shares, or other 
        withdrawable accounts in financial institutions.
            (4) The term ``loan guarantee commitment'' means a 
        binding agreement by a Federal agency to make a loan 
        guarantee when specified conditions are fulfilled by 
        the borrower, the lender, or any other party to the 
        guarantee agreement.
            (5)(A) The term ``cost'' means the estimated long-
        term cost to the Government of a direct loan or loan 
        guarantee or modification thereof, calculated on a net 
        present value basis, excluding administrative costs and 
        any incidental effects on governmental receipts or 
        outlays.
                    (B) The cost of a direct loan shall be the 
                net present value, at the time when the direct 
                loan is disbursed, of the following estimated 
                cash flows:
                            (i) loan disbursements;
                            (ii) repayments of principal; and
                            (iii) payments of interest and 
                        other payments by or to the Government 
                        over the life of the loan after 
                        adjusting for estimated defaults, 
                        prepayments, fees, penalties, and other 
                        recoveries;
                including the effects of changes in loan terms 
                resulting from the exercise by the borrower of 
                an option included in the loan contract.
                    (C) The cost of a loan guarantee shall be 
                the net present value, at the time when the 
                guaranteed loan is disbursed, of the following 
                estimated cash flows:
                            (i) payments by the Government to 
                        cover defaults and delinquencies, 
                        interest subsidies, or other payments; 
                        and
                            (ii) payments to the Government 
                        including origination and other fees, 
                        penalties and recoveries;
                including the effects of changes in loan terms 
                resulting from the exercise by the guaranteed 
                lender of an option included in the loan 
                guarantee contract, or by the borrower of an 
                option included in the guaranteed loan 
                contract.
                    (D) The cost of a modification is the 
                difference between the current estimate of the 
                net present value of the remaining cash flows 
                under the terms of a direct loan or loan 
                guarantee contract, and the current estimate of 
                the net present value of the remaining cash 
                flows under the terms of the contract, as 
                modified.
                    (E) In estimating net present values, the 
                discount rate shall be the average interest 
                rate on marketable Treasury securities of 
                similar maturity to the cash flows of the 
                direct loan or loan guarantee for which the 
                estimate is being made.
                    (F) When funds are obligated for a direct 
                loan or loan guarantee, the estimated cost 
                shall be based on the current assumptions, 
                adjusted to incorporate the terms of the loan 
                contract, for the fiscal year in which the 
                funds are obligated.
            (6) The term ``credit program account'' means the 
        budget account into which an appropriation to cover the 
        cost of a direct loan or loan guarantee program is made 
        and from which such cost is disbursed to the financing 
        account.
            (7) The term ``financing account'' means the non-
        budget account or accounts associated with each credit 
        program account which holds balances, receives the cost 
        payment from the credit program account, and also 
        includes all other cash flows to and from the 
        Government resulting from direct loan obligations or 
        loan guarantee commitments made on or after October 1, 
        1991.
            (8) The term ``liquidating account'' means the 
        budget account that includes all cash flows to and from 
        the Government resulting from direct loan obligations 
        or loan guarantee commitments made prior to October 1, 
        1991. These accounts shall be shown in the budget on a 
        cash basis.
            (9) The term ``modification'' means any Government 
        action that alters the estimated cost of an outstanding 
        direct loan (or direct loan obligation) or an 
        outstanding loan guarantee (or loan guarantee 
        commitment) from the current estimate of cash flows. 
        This includes the sale of loan assets, with or without 
        recourse, and the purchase of guaranteed loans. This 
        also includes any action resulting from new 
        legislation, or from the exercise of administrative 
        discretion under existing law, that directly or 
        indirectly alters the estimated cost of outstanding 
        direct loans (or direct loan obligations) or loan 
        guarantees (or loan guarantee commitments) such as a 
        change in collection procedures.
            (10) The term ``current'' has the same meaning as 
        in section 250(c)(9) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985.
            (11) The term ``Director'' means the Director of 
        the Office of Management and Budget.

 H4  deg.SEC. 503. [2 U.S.C. 661B] OMB AND CBO ANALYSIS, 
                    COORDINATION, AND REVIEW.

    (a) In General.--For the executive branch, the Director 
shall be responsible for coordinating the estimates required by 
this title. The Director shall consult with the agencies that 
administer direct loan or loan guarantee programs.
    (b) Delegation.--The Director may delegate to agencies 
authority to make estimates of costs. The delegation of 
authority shall be based upon written guidelines, regulations, 
or criteria consistent with the definitions in this title.
    (c) Coordination With the Congressional Budget Office.--In 
developing estimation guidelines, regulations, or criteria to 
be used by Federal agencies, the Director shall consult with 
the Director of the Congressional Budget Office.
    (d) Improving Cost Estimates.--The Director and the 
Director of the Congressional Budget Office shall coordinate 
the development of more accurate data on historical performance 
of direct loan and loan guarantee programs. They shall annually 
review the performance of outstanding direct loans and loan 
guarantees to improve estimates of costs. The Office of 
Management and Budget and the Congressional Budget Office shall 
have access to all agency data that may facilitate the 
development and improvement of estimates of costs.
    (e) Historical Credit Program Costs.--The Director shall 
review, to the extent possible, historical data and develop the 
best possible estimates of adjustments that would convert 
aggregate historical budget data to credit reform accounting.
    (f) Administrative Costs.--The Director and the Director of 
the Congressional Budget Office shall each analyze and report 
to Congress on differences in long-term administrative costs 
for credit programs versus grant programs by January 31, 1992. 
Their reports shall recommend to Congress any changes, if 
necessary, in the treatment of administrative costs under 
credit reform accounting.

 H4  deg.SEC. 504. [2 U.S.C. 661C] BUDGETARY TREATMENT.

    (a) President's Budget.--Beginning with fiscal year 1992, 
the President's budget shall reflect the costs of direct loan 
and loan guarantee programs. The budget shall also include the 
planned level of new direct loan obligations or loan guarantee 
commitments associated with each appropriations request.
    (b) Appropriations Required.--Notwithstanding any other 
provision of law, new direct loan obligations may be incurred 
and new loan guarantee commitments may be made for fiscal year 
1992 and thereafter only to the extent that--
            (1) new budget authority to cover their costs is 
        provided in advance in an appropriations Act;
            (2) a limitation on the use of funds otherwise 
        available for the cost of a direct loan or loan 
        guarantee program has been provided in advance in an 
        appropriations Act; or
            (3) authority is otherwise provided in 
        appropriation Acts.
    (c) Exemption for Mandatory Programs.--Subsections (b) and 
(e) shall not apply to a direct loan or loan guarantee program 
that--
            (1) constitutes an entitlement (such as the 
        guaranteed student loan program or the veterans' home 
        loan guaranty program); or
            (2) all existing credit programs of the Commodity 
        Credit Corporation on the date of enactment of this 
        title.
    (d) Budget Accounting.--
            (1) The authority to incur new direct loan 
        obligations, make new loan guarantee commitments, or 
        modify outstanding direct loans (or direct loan 
        obligations) or loan guarantees (or loan guarantee 
        commitments) shall constitute new budget authority in 
        an amount equal to the cost of the direct loan or loan 
        guarantee in the fiscal year in which definite 
        authority becomes available or indefinite authority is 
        used. Such budget authority shall constitute an 
        obligation of the credit program account to pay to the 
        financing account.
            (2) The outlays resulting from new budget authority 
        for the cost of direct loans or loan guarantees 
        described in paragraph (1) shall be paid from the 
        credit program account into the financing account and 
        recorded in the fiscal year in which the direct loan or 
        the guaranteed loan is disbursed or its costs altered.
            (3) All collections and payments of the financing 
        accounts shall be a means of financing.
    (e) Modifications.--An outstanding direct loan (or direct 
loan obligation) or loan guarantee (or loan guarantee 
commitment) shall not be modified in a manner that increases 
its costs unless budget authority for the additional cost has 
been provided in advance in an appropriations Act.
    (f) Reestimates.--When the estimated cost for a group of 
direct loans or loan guarantees for a given credit program made 
in a single fiscal year is reestimated in a subsequent year, 
the difference between the reestimated cost and the previous 
cost estimate shall be displayed as a distinct and separately 
identified subaccount in the credit program account as a change 
in program costs and a change in net interest. There is hereby 
provided permanent indefinite authority for these reestimates.
    (g) Administrative Expenses.--All funding for an agency's 
administration of a direct loan or loan guarantee program shall 
be displayed as distinct and separately identified subaccounts 
within the same budget account as the program's cost.

 H4  deg.SEC. 505. [2 U.S.C. 661D] AUTHORIZATIONS.

    (a) Authorization of Appropriations for Costs.--There are 
authorized to be appropriated to each Federal agency authorized 
to make direct loan obligations or loan guarantee commitments, 
such sums as may be necessary to pay the cost associated with 
such direct loan obligations or loan guarantee commitments.
    (b) Authorization for Financing Accounts.--In order to 
implement the accounting required by this title, the President 
is authorized to establish such non-budgetary accounts as may 
be appropriate.
    (c) Treasury Transactions With the Financing Accounts.--The 
Secretary of the Treasury shall borrow from, receive from, lend 
to, or pay to the financing accounts such amounts as may be 
appropriate. The Secretary of the Treasury may prescribe forms 
and denominations, maturities, and terms and conditions for the 
transactions described above, except that the rate of interest 
charged by the Secretary on lending to financing accounts 
(including amounts treated as lending to financing accounts by 
the Federal Financing Bank (hereinafter in this subsection 
referred to as the ``Bank'') pursuant to section 406(b) \28\) 
and the rate of interest paid to financing accounts on 
uninvested balances in financing accounts shall be the same as 
the rate determined pursuant to section 502(5)(E). For 
guaranteed loans financed by the Bank and treated as direct 
loans by a Federal agency pursuant to section 406(b),\28\ any 
fee or interest surcharge (the amount by which the interest 
rate charged exceeds the rate determined pursuant to section 
502(5)(E)) that the Bank charges to a private borrower pursuant 
to section 6(c) of the Federal Financing Bank Act of 1973 shall 
be considered a cash flow to the Government for the purposes of 
determining the cost of the direct loan pursuant to section 
502(5). All such amounts shall be credited to the appropriate 
financing account. The Bank is authorized to require 
reimbursement from a Federal agency to cover the administrative 
expenses of the Bank that are attributable to the direct loans 
financed for that agency. All such payments by an agency shall 
be considered administrative expenses subject to section 
504(g). This subsection shall apply to transactions related to 
direct loan obligations or loan guarantee commitments made on 
or after October 1, 1991. The authorities described above shall 
not be construed to supersede or override the authority of the 
head of a Federal agency to administer and operate a direct 
loan or loan guarantee program. All of the transactions 
provided in this subsection shall be subject to the provisions 
of subchapter II of chapter 15 of title 31, United States Code. 
Cash balances of the financing accounts in excess of current 
requirements shall be maintained in a form of uninvested funds 
and the Secretary of the Treasury shall pay interest on these 
funds.
---------------------------------------------------------------------------
    \28\ So in law. Should read ``section 405(b)''.
---------------------------------------------------------------------------
    (d) Authorization for Liquidating Accounts.--(1) Amounts in 
liquidating accounts shall be available only for payments 
resulting from direct loan obligations or loan guarantee 
commitments made prior to October 1, 1991, for--
                    (A) interest payments and principal 
                repayments to the Treasury or the Federal 
                Financing Bank for amounts borrowed;
                    (B) disbursements of loans;
                    (C) default and other guarantee claim 
                payments;
                    (D) interest supplement payments;
                    (E) payments for the costs of foreclosing, 
                managing, and selling collateral that are 
                capitalized or routinely deducted from the 
                proceeds of sales;
                    (F) payments to financing accounts when 
                required for modifications;
                    (G) administrative expenses, if--
                            (i) amounts credited to the 
                        liquidating account would have been 
                        available for administrative expenses 
                        under a provision of law in effect 
                        prior to October 1, 1991; and
                            (ii) no direct loan obligation or 
                        loan guarantee commitment has been 
                        made, or any modification of a direct 
                        loan or loan guarantee has been made, 
                        since September 30, 1991; or
                    (H) such other payments as are necessary 
                for the liquidation of such direct loan 
                obligations and loan guarantee commitments.
            (2) Amounts credited to liquidating accounts in any 
        year shall be available only for payments required in 
        that year. Any unobligated balances in liquidating 
        accounts at the end of a fiscal year shall be 
        transferred to miscellaneous receipts as soon as 
        practicable after the end of the fiscal year.
            (3) If funds in liquidating accounts are 
        insufficient to satisfy obligations and commitments of 
        such accounts, there is hereby provided permanent, 
        indefinite authority to make any payments required to 
        be made on such obligations and commitments.
    (e) Authorization of Appropriations for Implementation 
Expenses.--There are authorized to be appropriated to existing 
accounts such sums as may be necessary for salaries and 
expenses to carry out the responsibilities under this title.
    (f) Reinsurance.--Nothing in this title shall be construed 
as authorizing or requiring the purchase of insurance or 
reinsurance on a direct loan or loan guarantee from private 
insurers. If any such reinsurance for a direct loan or loan 
guarantee is authorized, the cost of such insurance and any 
recoveries to the Government shall be included in the 
calculation of the cost.
    (g) Eligibility and Assistance.--Nothing in this title 
shall be construed to change the authority or the 
responsibility of a Federal agency to determine the terms and 
conditions of eligibility for, or the amount of assistance 
provided by a direct loan or a loan guarantee.

SEC. 506. [2 U.S.C. 661E] TREATMENT OF DEPOSIT INSURANCE AND AGENCIES 
                    AND OTHER INSURANCE PROGRAMS.

    (a) In General.--This title shall not apply to the credit 
or insurance activities of the Federal Deposit Insurance 
Corporation, National Credit Union Administration, Resolution 
Trust Corporation, Pension Benefit Guaranty Corporation, 
National Flood Insurance, National Insurance Development Fund, 
Crop Insurance, or Tennessee Valley Authority.
    (b) Study.--The Director and the Director of the 
Congressional Budget Office shall each study whether the 
accounting for Federal deposit insurance programs should be on 
a cash basis on the same basis as loan guarantees, or on a 
different basis. Each Director shall report findings and 
recommendations to the President and the Congress on or before 
May 31, 1991.
    (c) Access to Data.--For the purposes of subsection (b), 
the Office of Management and Budget and the Congressional 
Budget Office shall have access to all agency data that may 
facilitate these studies.

 H4  deg.SEC. 507. [2 U.S.C. 661F] EFFECT ON OTHER LAWS.

    (a) Effect on Other Laws.--This title shall supersede, 
modify, or repeal any provision of law enacted prior to the 
date of enactment of this title to the extent such provision is 
inconsistent with this title. Nothing in this title shall be 
construed to establish a credit limitation on any Federal loan 
or loan guarantee program.
    (b) Crediting of Collections.--Collections resulting from 
direct loans obligated or loan guarantees committed prior to 
October 1, 1991, shall be credited to the liquidating accounts 
of Federal agencies. Amounts so credited shall be available, to 
the same extent that they were available prior to the date of 
enactment of this title, to liquidate obligations arising from 
such direct loans obligated or loan guarantees committed prior 
to October 1, 1991, including repayment of any obligations held 
by the Secretary of the Treasury or the Federal Financing Bank. 
The unobligated balances of such accounts that are in excess of 
current needs shall be transferred to the general fund of the 
Treasury. Such transfers shall be made from time to time but, 
at least once each year.

                   Title VI--Amendments to Budget and
                         Accounting Act of 1921

    [The Balanced Budget Act of 1997, sec. 10118(a) \29\ (H.R. 
2015 (105th Congress); Public Law 105--33; 111 Stat. 695) 
repealed Title VI of the Congressional Act of 1974.]
---------------------------------------------------------------------------
    \29\ The Balanced Budget Act of 1997 (Public Law 105-33) repealed 
title VI of the Congressional Budget Act of 1974. That title provided 
for changes in Congressional budget procedures that were expected to 
last only for the duration of previous budget agreements. Title VI 
temporarily extended the coverage and enforcement of budget resolutions 
from three to five fiscal years. It also provided for adjustments in 
the budget resolution for such factors as emergencies, estimating 
differences, and tax compliance.
---------------------------------------------------------------------------

                Title VII--Program Review and Evaluation

              review and evaluation of standing committees
    Sec. 701. Section 136(a) of the Legislative Reorganization 
Act of 1946 (2 U.S.C 190d) is amended by adding at the end 
thereof the following new sentences: ``Such committees may 
carry out the required analysis, appraisal, and evaluation 
themselves or by contract, or may require a Government agency 
to do so and furnish a report thereon to the Congress. Such 
committees may rely on such techniques as pilot testing, 
analysis of costs in comparison with benefits, or provisions 
for evaluation after a defined period of time.
            review and evaluation by the comptroller general
    Sec. 702.\30\

    [This section was repealed by Public Law 97-258 and the 
repealed text is set out in the footnote below.]
---------------------------------------------------------------------------
    \30\ This section was repealed by Public Law 97-258: That section 
read as follows:
    Sec. 702. (a) Section 204 of the Legislative Reorganization Act of 
1970 [31 U.S.C. 1154] is amended to read as follows:

    ``REVIEW AND EVALUATION

    ``Sec. 204. (a) The Comptroller General shall review and evaluate 
the results of Government programs and activities carried on under 
existing law when ordered by either House of Congress or upon his own 
initiative, or when requested by any committee of the House of 
Representatives or the Senate, or any joint committee of the two 
Houses, having jurisdiction over such programs and activities.
    ``(b) The Comptroller General, upon request of any committee of 
either House of Congress or any joint committee of the two Houses 
shall--
    ``(1) assist such committee or joint committee in developing a 
statement of legislative objectives and goals and methods for assessing 
and reporting actual program performance in relation to such 
legislative objectives and goals. Such statements shall include, but 
are not limited to, recommendations as to methods of assessment, 
information to be reported, responsibility for reporting, frequency of 
reports, and feasibility of pilot testing; and
    ``(2) assist such committee or joint committee in analyzing in 
assessing program reviews or evaluation studies prepared by and for any 
Federal agency.
    ``Upon the request of any Member of either House, the Comptroller 
General shall furnish to such Member a copy of any such statement other 
material compiled in carrying out paragraph (1) or (2) which has been 
released by the committee or joint committee for which it was compiled.
    ``(c) The Comptroller General shall develop and recommend to the 
Congress methods for review and evaluation of Government programs and 
activities carried under existing laws.
    ``(d) In carrying out his responsibilities under this section the 
Comptroller General is authorized to establish an Office of Program 
Review and Evaluation within the General Accounting Office.
    ``(e) The Comptroller General shall include in his annual report to 
the Congress a review of activities under this section, including his 
recommendations of methods for review and evaluation of Government 
programs and activities under subsection (c).''
---------------------------------------------------------------------------
         continuing study of additional budget reform proposals
    Sec. 703. [2 U.S.C. 623] (a) The Committees on the Budget 
of the House of Representatives and the Senate shall study on a 
continuing basis proposals designed to improve and facilitate 
methods of congressional budgetmaking. The proposals to be 
studied shall include, but are not limited to, proposals for--
            (1) improving the information base required for 
        determining the effectiveness of new programs by such 
        means as pilot testing, survey research, and other 
        experimental and analytical techniques;
            (2) improving analytical and systematic evaluation 
        of the effectiveness of existing programs;
            (3) establishing maximum and minimum time 
        limitations for program authorization; and
            (4) developing techniques of human resource 
        accounting and other means of providing noneconomic as 
        well as economic evaluation measures.
    (b) The Committee on the Budget of each House shall, from 
time to time, report to its House the results of the study 
carried on by it under subsection (a), together with its 
recommendations.
    (c) Nothing in this section shall preclude studies to 
improve the budgetary process by any other committee of the 
House of Representatives or the Senate or any joint committee 
of the Congress.

                    Title VIII--Fiscal and Budgetary
                     Information and Controls \31\

          amendment to legislative reorganization act of 1970
    Sec. 801.

    [This section was repealed by Public Law 97-258.]
---------------------------------------------------------------------------
    \31\ Public Law 97-258, (Title: A bill to revise, codify, and enact 
without substantive change certain general and permanent laws, related 
to money and finance, as title 31, United States Code, ``Money and 
Finance''; September 13, 1982), repealed section 801 and section 801 of 
Title VIII. Sections 801 and 802 were codified in sections 1104, 1112, 
and 1113 of title 31 of the United States Code.
---------------------------------------------------------------------------
                    changes in functional categories
    Sec. 802.

    [This section was repealed by Public Law 97-258.]

                  Title IX--Miscellaneous Provisions;
                            Effective Dates

                amendments to the rules of the house\32\
    Sec. 901. (a) Rule XI of the Rules of the House of 
Representatives (as amended by section 101(c) of this Act) is 
amended by inserting immediately after clause 22 the following 
new clause:
---------------------------------------------------------------------------
    \32\ The Rules of the House of Representatives were recodified by 
H. Res. 5, adopted by the 106th Congress on January 6, 1999.
---------------------------------------------------------------------------
    ``22A. The respective areas of legislative jurisdiction 
under this rule are modified by title I of the Congressional 
Budget Act of 1974.''
    (b) Paragraph (c) of clause 29 of Rule XI of the Rules of 
the House of Representatives (as redesignated by section 101(c) 
of this Act) is amended by inserting ``the Committee on the 
Budget,'' immediately after ``the Committee on 
Appropriations,''.
    (c) Subparagraph (5) of paragraph (a) of clause 30 of Rule 
XI of the Rules of the House of Representatives (as so 
redesignated) is amended by inserting ``and the Committee on 
the Budget'' immediately before the period of the end thereof.
    (d) Subparagraph (4) of paragraph (a) of clause 30 of Rule 
XI of the Rules of the House of Representatives (as so 
redesignated) is amended by inserting ``and the Committee on 
the Budget'' immediately before the period at end hereof.
    (e) Paragraph (d) of clause 30 of Rule XI of the Rules of 
the House of Representatives (as so redesignated) is amended by 
striking out ``the Committee on Appropriations may appoint'' 
and inserting in lieu thereof ``the Committee on Appropriations 
and the Committee on the Budget may each appoint''.
    (f) Clause 32 of Rule XI of the Rules of the House of 
Representatives (as so redesignated) is amended by inserting 
``the Committee on the Budget,'' immediately after ``the 
Committee on the Appropriations,''.
    (g) Paragraph (a) of clause 33 of Rule XI of the Rules of 
the House of Representatives (as so redesignated) is amended by 
inserting ``the Committee on the Budget,'' immediately after 
``the Committee on the Appropriations,''.
         conforming amendments to standing rules of the senate
    Sec. 902.\33\ Paragraph 1 of rule XXV of the Standing Rules 
of the Senate is amended--
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    \33\ See the Standing Rules of the United States Senate. These 
rules have been modified since the enactment of this section.
---------------------------------------------------------------------------
            (1) by striking out ``Revenue'' in subparagraph 
        (h)1 and inserting in lieu thereof ``Except as provided 
        in the Congressional Budget Act of 1974, revenue'';
            (2) by striking out ``The'' in subparagraph (h)(2) 
        and inserting in lieu thereof ``Except as provided in 
        the Congressional Budget Act of 1974, the''; and
            (3) by striking out ``Budget'' in subparagraph 
        (j)(1)(A) and inserting in lieu thereof ``Except as 
        provided in the Congressional Budget Act of 1974, 
        budget''.
          amendments to legislative reorganization act of 1946
    Sec. 903. (a) Section 134(c) of the Legislative 
Reorganization Act of 1946 (2. U.S.C. 190b(b) \34\ is amended 
by inserting ``or the Committee on the Budget'' after 
``Appropriations''.
---------------------------------------------------------------------------
    \34\ S. Res. 274, 96th Congress, 1st Session, Section 2(a), 125 
Congressional Record, S16,588, S16,602 (daily edition, November 14, 
1979), repealed 2 U.S.C. 190b.
---------------------------------------------------------------------------
    (b) Section 136(c) of such Act (2 U.S.C. 190d(c) \35\ is 
amended by striking out ``Committee on Appropriations of the 
Senate and the Committee on Appropriations,'' and inserting in 
lieu thereof ``Committee Appropriations and the Budget of the 
Senate and the Committees on Appropriations, the Budget,''.
---------------------------------------------------------------------------
    \35\ S. Res. 274, 96th Congress, 1st Session, Section 2(a), 125 
Congressional Record, S16,588, S16,602 (November 14, 1979), repealed 2 
U.S.C. 190d insofar as it related to the Senate. There exception for 
the Budget Committee that section 903(b) created to the requirement of 
all committees to submit biennial reports of their activities survives 
in Rule XXVI(8) of the Standing Rules of the Senate.
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                     exercise of rulemaking powers
    Sec. 904. [2 U.S.C. 621 note] (a) The provisions of this 
title and of titles I, III, IV, and V and the provisions of 
sections 701, 703, and 1017 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.
    (b) Any provision of title III or IV may be waived or 
suspended in the Senate by a majority vote of the Members 
voting, a quorum being present, or by the unanimous consent of 
the Senate.
    (c) Waivers.--
            (1) Permanent.--Sections 305(b)(2), 305(c)(4), 306, 
        310(d)(2), 313, 904(c), and 904(d) 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.
            (2) Temporary.--Sections 301(i), 302(c), 302(f), 
        310(g), 311(a), 312(b), 312(c), and 314(e) of this Act 
        and sections 258(a)(4)(C), 258A(b)(3)(C)(I) \36\, 
        258B(f)(1), 258B(h)(1), 258(h)(3) \37\, 258C(a)(5), and 
        258C(b)(1) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985 may be waived or suspended in the 
        Senate only by the affirmative vote of three-fifths of 
        the Members, duly chosen and sworn.
---------------------------------------------------------------------------
    \36\ So in law. Should read ``258A(b)(3)(C)(i)''.
    \37\ So in law. Should read ``258B(h)(3)''.
---------------------------------------------------------------------------
    (d) Appeals.--
            (1) Procedure.--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.
            (2) Permanent.--An affirmative vote of three-fifths 
        of the Members, 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, 310(d)(2), 313, 
        904(c), and 904(d) of this Act.
            (3) Temporary.--An affirmative vote of three-fifths 
        of the Members, 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(g), 311(a), 
        312(b), and 312(c) of this Act and sections 
        258(a)(4)(C), 258A(b)(3)(C)(I), 258B(f)(1), 258B(h)(1), 
        258(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985.
    (e) Expiration of Certain Supermajority Voting 
Requirements.--Subsections (c)(2) and (d)(3) shall expire on 
September 30, 2007.\38\
---------------------------------------------------------------------------
    \38\ Sect. 205 of S. Con. Res. 21 (109th Congress) extended the 
three-fifths vote enforcement requirements until September 30, 2017.
---------------------------------------------------------------------------
                          effective dates\39\
    Sec. 905. (a) Except as provided in this section, the 
provisions of this Act shall take effect on the date of its 
enactment.
---------------------------------------------------------------------------
    \39\ The Balanced Budget Act of 1997 (105th Congress) repealed this 
section of the Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344).
---------------------------------------------------------------------------
    (b) Title II (except section 201(a), section 403, and 
section 502(c) shall take effect on the day on which the first 
Director of the Congressional Budget Office is appointed under 
201(a).
    (c) Except as provided in section 906, title III and 
section 402 shall apply with respect to the fiscal year 
beginning on October 1, 1976, and succeeding fiscal years, and 
section 401 shall take effect on the first day of the second 
regular session of the Ninety-fourth Congress.
    (d) The amendments to the Budget and Accounting Act, 1921, 
made by sections 601, 603, and 604 shall apply with respect to 
the fiscal year beginning on July 1, 1975, and succeeding 
fiscal years, except that section 201(g) of such Act (as added 
by section 601) shall apply with respect to the fiscal year 
beginning on October 1, 1976, and succeeding fiscal years and 
section 201(i) of such Act (as added by section 601) shall 
apply with respect to the fiscal year beginning on October 1, 
1978, and succeeding years. The amendment to such Act made by 
section 602 shall apply with respect to the fiscal year 
beginning on October 1, 1976, and succeeding fiscal years.

                      Title X--Impoundment Control

                       Part A--General Provisions

                               disclaimer
    Sec. 1001. [2 U.S.C. 681] Nothing contained in this Act, or 
in any amendments made by this Act, shall be construed as--
            (1) asserting or conceding the constitutional 
        powers or limitations of either the Congress or the 
        President;
            (2) ratifying or approving any impoundment 
        heretofore or hereafter executed or approved by the 
        President or any other Federal officer or employee, 
        except insofar as pursuant to statutory authorization 
        then in effect;
            (3) affecting in any way the claims or defenses of 
        any party to litigation concerning any impoundment; or
            (4) superseding any provision of law which requires 
        the obligation of budget authority or the making of 
        outlays thereunder.
                    amendment to antideficiency act
    Sec. 1002.\40\

            [Repealed by Public Law 97-258.]
---------------------------------------------------------------------------
    \40\ This section was deleted by Public Law 97-258, (Title: A bill 
to revise, codify, and enact without substantive change certain general 
and permanent laws, related to money and finance, as title 31, United 
States Code, ``Money and Finance''; September 13, 1982). This section 
was codified in section 1512 of Title 31 of the United States Code.
---------------------------------------------------------------------------
           repeal of existing impoundment reporting provision
    Sec. 1003.\41\

            [Repealed by Public Law 97-258.]
---------------------------------------------------------------------------
    \41\ This section was deleted by Public Law 97-258, (Title: A bill 
to revise, codify, and enact without substantive change certain general 
and permanent laws, related to money and finance, as title 31, United 
States Code, ``Money and Finance''; September 13, 1982). This section 
was codified in section 1512 of Title 31 of the United States Code.
---------------------------------------------------------------------------

     Part B--Congressional Consideration of Proposed Rescissions, 
            Reservations, and Deferrals of Budget Authority

                              definitions
    Sec. 1011. [2 U.S.C. 682] For purposes of this part--
            (1) ``deferral of budget authority'' includes--
                    (A) withholding or delaying the obligations 
                or expenditure of budget authority (whether by 
                establishing reserves or otherwise) provided 
                for projects or activities; or
                    (B) any other type of Executive action or 
                inaction which effectively precludes the 
                obligation or expenditure of budget authority, 
                including authority to obligate by contract in 
                advance of appropriations as specifically 
                authorized by law;
            (2) ``Comptroller General'' means the Comptroller 
        General of the United States;
            (3) ``rescission bill'' means a bill or joint 
        resolution which only recinds in whole or in part, 
        budget authority proposed to be rescinded in a special 
        message transmitted by the President under section 
        1012, and upon which the Congress completes action 
        before the end of the first period of 45 calendar days 
        of continuous session of the Congress after the date on 
        which the President's message is received by the 
        Congress;
            (4) ``impoundment resolution'' means a resolution 
        of the House of Representatives or the Senate which 
        only expresses its disapproval of a proposed deferral 
        of budget authority set forth in a special message 
        transmitted by the President under section 1013; and
            (5) continuity of a session of the Congress shall 
        be considered as broken only by an adjournment of the 
        Congress sine die, and the days on which either House 
        is not in session because of an adjournment of more 
        than 3 days to a day certain shall be excluded in the 
        computation of the 45-day period referred to in 
        paragraph (3) of this section and in section 1012, and 
        the 25-day periods referred to in sections 1016 and 
        1017(b)(1). If a special message is transmitted under 
        section 1012 during any Congress and the last session 
        of such Congress adjourns sine die before the 
        expiration of 45 calendar days of continuous session 
        (or a special message is so transmitted after the last 
        session of the Congress adjourns sine die), the message 
        shall be deemed to have been retransmitted on the first 
        day of the succeeding Congress and the 45-day period 
        referred to in paragraph (3) of this section and 
        section 1012 (with respect to such message) shall 
        commence on the day after such first day.
                     rescission of budget authority
    Sec. 1012. [2 U.S.C. 683] (a) Transmittal of Special 
Message.--Whenever the President determines that all or part of 
any budget authority will not be required to carry out the full 
objectives or scope of programs for which it is provided or 
that such budget authority should be rescinded for fiscal 
policy or other reasons (including the determination of 
authorized projects or activities for which budget authority 
has been provided), or whenever all or part of budget authority 
provided for only one fiscal year is to be reserved from 
obligation for such fiscal year, the President shall transmit 
to both Houses of Congress a special message specifying--
            (1) the amount of budget authority which he 
        proposes to be rescinded or which is to be so reserved;
            (2) any account, department, or establishment of 
        the Government to which such budget authority is 
        available for obligation, and the specific project or 
        governmental functions involved;
            (3) the reasons why the budget authority should be 
        rescinded or is to be so reserved;
            (4) to the maximum extent practicable, the 
        estimated fiscal, economic, and budgetary effect of the 
        proposed rescission or of the reservation; and
            (5) all facts, circumstances, and considerations 
        relating to or bearing upon the proposed rescission or 
        the reservation and the decision to effect the proposed 
        rescission or the reservation, and to the maximum 
        extent practicable, the estimated effect of the 
        proposed rescission or the reservation upon the 
        objects, purposes, and programs for which the budget 
        authority is provided.
    (b) Requirement To Make Available for Obligation.--Any 
amount of budget authority proposed to be rescinded or that is 
to be reserved as set forth in such special message shall be 
made available for obligation unless, within the prescribed 45-
day period, the Congress has completed action on a rescission 
bill rescinding all or part of the amount proposed to be 
rescinded or that is to be reserved. Funds made available for 
obligation under this procedure may not be proposed for 
rescission again.
                 proposed deferrals of budget authority
    Sec. 1013. [2 U.S.C. 684] (a) Transmittal of Special 
Message.--Whenever the President, the Director of the Office of 
Management and Budget, the head of any department or agency of 
the United States, or any officer or employee of the United 
States proposes to defer any budget authority provided for a 
specific purpose or project, the President shall transmit to 
the House of Representatives and the Senate a special message 
specifying--
            (1) the amount of the budget authority proposed to 
        be deferred;
            (2) any account, department, or establishment of 
        the Government to which such budget authority is 
        available for obligation, and the specific project or 
        governmental functions involved;
            (3) the period of time during which the budget 
        authority is proposed to be deferred;
            (4) the reasons for the proposed deferral, 
        including any legal authority invoked to justify the 
        proposed deferral;
            (5) to the maximum extent practicable, the 
        estimated fiscal, economic, and budgetary effect of the 
        proposed deferral; and
            (6) all facts, circumstances, and considerations 
        relating to or bearing upon the proposed deferral and 
        the decision to effect the proposed deferral, including 
        an analysis of such facts, circumstances, and 
        considerations in terms of their application to any 
        legal authority, including specific elements of legal 
        authority, invoked to justify such proposed deferral, 
        and to the maximum extent practicable, the estimated 
        effect of the proposed deferral upon the objects, 
        purposes, and programs for which the budget authority 
        is provided.
A special message may include one or more proposed deferrals of 
budget authority. A deferral may not be proposed for any period 
of time extending beyond the end of the fiscal year in which 
the special message proposing the deferral is transmitted to 
the House and the Senate.
    (b) Consistency With Legislative Policy.--Deferrals shall 
be permissible only--
            (1) to provide for contingencies;
            (2) to achieve savings made possible by or through 
        changes in requirements or greater efficiency of 
        operations; or
            (3) as specifically provided by law.
No officer or employee of the United States may defer any 
budget authority for any other purpose.
    (c) Exception.--The provisions of this section do not apply 
to any budget authority proposed to be rescinded or that is to 
be reserved as set forth in a special message required to be 
transmitted under section 1012.
                 transmission of messages; publication
    Sec. 1014. [2 U.S.C. 685] (a) Delivery to House and 
Senate.--Each special message transmitted under section 1012 or 
1013 shall be transmitted to the House of Representatives and 
the Senate on the same day, and shall be delivered to the Clerk 
of the House of Representatives if the House is not in session, 
and to the Secretary of the Senate if the Senate is not in 
session. Each special message so transmitted shall be referred 
to the appropriate committee of the House of Representatives 
and the Senate. Each such message shall be printed as a 
document of each House.
    (b) Delivery to Comptroller General.--A copy of each 
special message transmitted under section 1012 or 1013 shall be 
transmitted to the Comptroller General on the same day it is 
transmitted to the House of Representatives and the Senate. In 
order to assist the Congress in the exercise of its functions 
under sections 1012 and 1013, the Comptroller General shall 
review each such message and inform the House of 
Representatives and the Senate as promptly as practicable with 
respect to--
            (1) in the case of a special message transmitted 
        under section 1012, the facts surrounding the proposed 
        rescission or the reservation of budget authority 
        (including the probable effects thereof); and
            (2) in the case of a special message transmitted 
        under section 1013, (A) the facts surrounding each 
        proposed deferral of budget authority (including the 
        probable effects thereof) and (B) whether or not (or to 
        what extent), in his judgment, such proposed deferral 
        is in accordance with existing statutory authority.
    (c) Transmission of Supplementary Messages.--If any 
information contained in a special message transmitted under 
section 1012 or 1013 is subsequently revised, the President 
shall transmit to both Houses of Congress and the Comptroller 
General a supplementary message stating and explaining such 
revision. Any such supplementary message shall be delivered, 
referred, and printed as provided in subsection (a). The 
Comptroller General shall promptly notify the House of 
Representatives and the Senate of any change in the information 
submitted by him under subsection (b) which may be necessitated 
by such revision.
    (d) Printing in Federal Register.--Any special message 
transmitted under section 1012 or 1013, and any supplementary 
message transmitted under subsection (c), shall be printed in 
the first issue of the Federal Register published after such 
transmittal.
    (e) Cumulative Reports of Proposed Rescissions, 
Reservations, and Deferrals of Budget Authority.--
            (1) The President shall submit a report to the 
        House of Representatives and the Senate, not later than 
        the 10th day of each month during a fiscal year, 
        listing all budget authority for that fiscal year with 
        respect to which, as of the first day of such month--
                    (A) he has transmitted a special message 
                under section 1012 with respect to a proposed 
                rescission or a reservation; and
                    (B) he has transmitted a special message 
                under section 1013 proposing a deferral.
        Such report shall also contain, with respect to each 
        such proposed rescission or deferral, or each such 
        reservation, the information required to be submitted 
        in the special message with respect thereto under 
        section 1012 or 1013.
            (2) Each report submitted under paragraph (1) shall 
        be printed in the first issue of the Federal Register 
        published after its submission.
                     reports by comptroller general
    Sec. 1015. [2 U.S.C. 686] (a) Failure To Transmit Special 
Message.--If the Comptroller General finds that the President, 
the Director of the Office of Management and Budget, the head 
of any department or agency of the United States, or any other 
officer or employee of the United States--
            (1) is to establish a reserve or proposes to defer 
        budget authority with respect to which the President is 
        required to transmit a special message under section 
        1012 or 1013; or
            (2) has ordered, permitted, or approved the 
        establishment of such a reserve or a deferral of budget 
        authority;
and that the President has failed to transmit a special message 
with respect to such reserve or deferral, the Comptroller 
General shall make a report on such reserve or deferral and any 
available information concerning it to both Houses of Congress. 
The provisions of this part shall apply with respect to such 
reserve or deferral in the same manner and with the same effect 
as if such report of the Comptroller General were a special 
message transmitted by the President under section 1012 or 
1013, and, for purposes of this part, such report shall be 
considered a special message transmitted under section 1012 or 
1013.
    (b) Incorrect Classification of Special Message.--If the 
President has transmitted a special message to both Houses of 
Congress in accordance with section 1012 or 1013, and the 
Comptroller General believes that the President so transmitted 
the special message in accordance with one of those sections 
when the special message should have been transmitted in 
accordance with the other of those sections, the Comptroller 
General shall make a report to both Houses of the Congress 
setting forth his reasons.
                      suits by comptroller general
    Sec. 1016. [2 U.S.C. 687] If, under this title, budget 
authority is required to be made available for obligation and 
such budget authority is not made available for obligation, the 
Comptroller General is hereby expressly empowered, through 
attorneys of his own selection, to bring a civil action in the 
United States District Court for the District of Columbia to 
require such budget authority to be made available for 
obligation, and such court is hereby expressly empowered to 
enter in such civil action, against any department, agency, 
officer, or employee of the United States, any decree, 
judgment, or order, which may be necessary or appropriate to 
make such budget authority available for obligation. No civil 
action shall be brought by the Comptroller General under this 
section until the expiration of 25 calendar days of continuous 
session of the Congress following the date on which an 
explanatory statement by the Comptroller General of the 
circumstances giving rise to the action contemplated has been 
filed with the Speaker of the House of Representatives and the 
President of the Senate.
                     procedure in house and senate
    Sec. 1017. [2 U.S.C. 688] (a) Referral.--Any rescission 
bill introduced with respect to a special message or 
impoundment resolution introduced with respect to a proposed 
deferral of budget authority shall be referred to the 
appropriate committee of the House of Representatives or the 
Senate, as the case may be.
    (b) Discharge of Committee.--
            (1) If the committee to which a rescission bill or 
        impoundment resolution has been referred has not 
        reported it at the end of 25 calendar days of 
        continuous session of the Congress after its 
        introduction, it is in order to move either to 
        discharge the committee from further consideration of 
        the bill or resolution or to discharge the committee 
        from further consideration of any other rescission bill 
        with respect to the same special message or impoundment 
        resolution with respect to the same proposed deferral, 
        as the case may be, which has been referred to the 
        committee.
            (2) A motion to discharge may be made only by an 
        individual favoring the bill or resolution, may be made 
        only if supported by one-fifth of the Members of the 
        House involved (a quorum being present), and is highly 
        privileged in the House and privileged in the Senate 
        (except that it may not be made after the committee has 
        reported a bill or resolution with respect to the same 
        special message or the same proposed deferral, as the 
        case may be); and debate thereon shall be limited to 
        not more than 1 hour, the time to be divided in the 
        House equally between those favoring and those opposing 
        the bill or resolution, and to be divided in the Senate 
        equally between, and controlled by, the majority leader 
        and the minority leader or their designees. An 
        amendment to the motion is not in order, and it is not 
        in order to move to reconsider the vote by which the 
        motion is agreed to or disagreed to.
    (c) Floor Consideration in the House.--
            (1) When the committee of the House of 
        Representatives has reported, or has been discharged 
        from further consideration of a rescission bill or 
        impoundment resolution, it shall at any time thereafter 
        be in order (even though a previous motion to the same 
        effect has been disagreed to) to move to proceed to the 
        consideration of the bill or resolution. The motion 
        shall be highly privileged and not debatable. An 
        amendment to the motion shall not be in order, nor 
        shall it be in order to move to reconsider the vote by 
        which the motion is agreed to or disagreed to.
            (2) Debate on a rescission bill or impoundment 
        resolution shall be limited to not more than 2 hours, 
        which shall be divided equally between those favoring 
        and those opposing the bill or resolution. A motion 
        further to limit debate shall not be debatable. In the 
        case of an impoundment resolution, no amendment to, or 
        motion to recommit, the resolution shall be in order. 
        It shall not be in order to move to reconsider the vote 
        by which a rescission bill or impoundment resolution is 
        agreed to or disagreed to.
            (3) Motions to postpone, made with respect to the 
        consideration of a rescission bill or impoundment 
        resolution, and motions to proceed to the consideration 
        of other business, shall be decided without debate.
            (4) All appeals from the decisions of the Chair 
        relating to the application of the Rules of the House 
        of Representatives to the procedure relating to any 
        rescission bill or impoundment resolution shall be 
        decided without debate.
            (5) Except to the extent specifically provided in 
        the preceding provisions of this subsection, 
        consideration of any rescission bill or impoundment 
        resolution and amendments thereto (or any conference 
        report thereon) shall be governed by the Rules of the 
        House of Representatives applicable to other bills and 
        resolutions, amendments, and conference reports in 
        similar circumstances.
    (d) Floor Consideration in the Senate.--
            (1) Debate in the Senate on any rescission bill or 
        impoundment resolution, and all amendments thereto (in 
        the case of a rescission bill) and debatable motions 
        and appeals in connection therewith, shall be limited 
        to not more than 10 hours. The time shall be equally 
        divided between, and controlled by, the majority leader 
        and the minority leader or their designees.
            (2) Debate in the Senate on any amendment to a 
        rescission bill shall be limited to 2 hours, to be 
        equally divided between, and controlled by, the mover 
        and the manager of the bill. Debate on any amendment to 
        an amendment, to such a bill, and debate on any 
        debatable motion or appeal in connection with such a 
        bill or an impoundment resolution shall be limited to 1 
        hour, to be equally divided between, and controlled by, 
        the mover and the manager of the bill or resolution, 
        except that in the event the manager of the bill or 
        resolution is in favor in any such amendment, motion, 
        or appeal, the time in opposition thereto, shall be 
        controlled by the minority leader or his designee. No 
        amendment that is not germane to the provisions of a 
        rescission bill shall be received. Such leaders, or 
        either of them, may, from the time under their control 
        on the passage of a rescission bill or impoundment 
        resolution, allot additional time to any Senator during 
        the consideration of any amendment, debatable motion, 
        or appeal.
            (3) A motion to further limit debate is not 
        debatable. In the case of a rescission bill, a motion 
        to recommit (except a motion to recommit with 
        instructions to report back within a specified number 
        of days, not to exceed 3, not counting any day on which 
        the Senate is not in session) is not in order. Debate 
        on any such motion to recommit shall be limited to one 
        hour, to be equally divided between, and controlled by, 
        the mover and the manager of the concurrent resolution. 
        In the case of an impoundment resolution, no amendment 
        or motion to recommit is in order.
            (4) The conference report on any rescission bill 
        shall be in order in the Senate at any time after the 
        third day (excluding Saturdays, Sundays, and legal 
        holidays) following the day on which such a conference 
        report is reported and is available to Members of the 
        Senate. A motion to proceed to the consideration of the 
        conference report may be made even though a previous 
        motion to the same effect has been disagreed to.
            (5) During the consideration in the Senate of the 
        conference report on any rescission bill, debate shall 
        be limited to 2 hours, to be equally divided between, 
        and controlled by, the majority leader and minority 
        leader or their designees. Debate on any debatable 
        motion or appeal related to the conference report shall 
        be limited to 30 minutes, to be equally divided 
        between, and controlled by, the mover and the manager 
        of the conference report.
            (6) Should the conference report be defeated, 
        debate on any request for a new conference and the 
        appointment of conferees shall be limited to one hour, 
        to be equally divided, between, and controlled by, the 
        manager of the conference report and the minority 
        leader or his designee, and should any motion be made 
        to instruct the conferees before the conferees are 
        named, debate on such motion shall be limited to 30 
        minutes, to be equally divided between, and controlled 
        by, the mover and the manager of the conference report. 
        Debate on any amendment to any such instructions shall 
        be limited to 20 minutes, to be equally divided 
        between, and controlled by the mover and the manager of 
        the conference report. In all cases when the manager of 
        the conference report is in favor of any motion, 
        appeal, or amendment, the time in opposition shall be 
        under the control of the minority leader or his 
        designee.
            (7) In any case in which there are amendments in 
        disagreement, time on each amendment shall be limited 
        to 30 minutes, to be equally divided between, and 
        controlled by, the manager of the conference report and 
        the minority leader or his designee. No amendment that 
        is not germane to the provisions of such amendments 
        shall be received.
    

======================================================================


       BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985

======================================================================


                     Balanced Budget and Emergency
                      Deficit Control Act of 1985

          Public Law 99-177, December 12, 1985, 99 Stat. 1037

Major Amendments:
Balanced Budget and Emergency Deficit Reaffirmation Act of 
        1987; Public Law 100-119, Title I, September 28, 1987; 
        101 Stat. 754.

Budget Enforcement Act of 1990; Public Law 101-508, Title XIV, 
        Subtitle A, Part I; November 5, 1990; 104 Stat. 1388-
        573,1388-574.

Omnibus Budget Reconciliation Act of 1993; Public Law 103-66, 
        Title XIV; August 10, 1993; 107 Stat. 312, 683.

Violent Crime Control and Law Enforcement Act of 1994; Public 
        Law 103-322, Title XXXI; September 13, 1994; 108 Stat. 
        1796, 2102.

The Balanced Budget Act of 1997; Public Law 105-33, August 5, 
        1997; 111 Stat. 251.

Transportation Equity Act for the 21st Century; June 9, 1998; 
        112 Stat. 488.

TEA 21 Restoration Act; Public Law 105-206; July 22, 1998; 115 
        Stat. 865.

Statutory Pay-As-You-Go-Act of 2010; Public Law 111-139; 
        February 12, 2010; 124 Stat. 8.

Budget Control Act of 2011; Public Law 112-25; August 2, 2011; 
        125 Stat. 240.

                 [As Amended Through Public Law 112-25,
                        Enacted August 2, 2011]

  PART C--EMERGENCY POWERS TO ELIMINATE DEFICITS IN EXCESS OF MAXIMUM 
                          DEFICIT AMOUNT \42\

 H4  deg.SEC. 250. [2 U.S.C. 900] TABLE OF CONTENTS; STATEMENT 
                    OF BUDGET ENFORCEMENT THROUGH SEQUESTRATION; 
                    DEFINITIONS.

    (a) Table of Contents.--

    \42\ Application of certain provisions to Statutory PAYGO. For 
purposes of the ``Statutory Pay-As-You-Go Act of 2010'' (title I of 
Public Law 111-139; enacted February 12, 2010; 124 Stat. 8), the 
provisions of sections 255, 256, 257, and 274 of Balanced Budget and 
Emergency Deficit Control Act of 1985 (BBEDCA) (as amended by such 
Public Law) also apply to the provisions of Title I of that Act. See 
section 8 of Public Law 111-139 relating to the application of 
BBEDCA.''
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Sec. 250. Table of contents; budget enforcement statement; definitions.
Sec. 251.  Enforcing discretionary spending limits.
Sec. 251A. Enforcement of budget goal.
Sec. 252.  Enforcing pay-as-you-go.
Sec. 253.  Enforcing deficit targets.
Sec. 254.  Reports and orders.
Sec. 255.  Exempt programs and activities.
Sec. 256.  General and special sequestration rules.
Sec. 257.  The baseline.
Sec. 258.  Suspension in the event of war or low growth.
Sec. 258A. Modification of presidential order.
Sec. 258B. Alternative defense sequestration.
Sec. 258C. Special reconciliation process.

    (b) General Statement of Budget Enforcement Through 
Sequestration.--This part provides for budget enforcement as 
called for in House Concurrent Resolution 84 \43\ (105th 
Congress, 1st session).
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    \43\ House Concurrent Resolution 84 provided for the conference 
report on the Concurrent Budget Resolution on the Budget for Fiscal 
Year 1998 which provided for the Bipartisan Budget Agreement announced 
by President Clinton and the Bipartisan Congressional Leadership on May 
2 and finalized on May 15, 1997. That resolution provided for 
reconciliation instructions which resulted in the enactment of the 
Balanced Budget Act of 1997.
---------------------------------------------------------------------------
    (c) Definitions.--
    As used in this part:
            (1) The terms ``budget authority'', ``new budget 
        authority'', ``outlays'', and ``deficit'' have the 
        meanings given to such terms in section 3 of the 
        Congressional Budget and Impoundment Control Act of 
        1974 and ``discretionary spending limit'' shall mean 
        the amounts specified in section 251 of this Act.
            (2) The terms ``sequester'' and ``sequestration'' 
        refer to or mean the cancellation of budgetary 
        resources provided by discretionary appropriations or 
        direct spending law.
            (3) The term ``breach'' means, for any fiscal year, 
        the amount (if any) by which new budget authority or 
        outlays for that year (within a category of 
        discretionary appropriations) is above that category's 
        discretionary spending limit for new budget authority 
        or outlays for that year, as the case may be.
            (4)(A) The term ``nonsecurity category'' means all 
        discretionary appropriations not included in the 
        security category defined in subparagraph (B).
                    (B) The term ``security category'' includes 
                discretionary appropriations associated with 
                agency budgets for the Department of Defense, 
                the Department of Homeland Security, the 
                Department of Veterans Affairs, the National 
                Nuclear Security Administration, the 
                intelligence community management account (95-
                0401-0-1-054), and all budget accounts in 
                budget function 150 (international affairs).
                    (C) The term ``discretionary category'' 
                includes all discretionary appropriations.
            (5) The term ``baseline'' means the projection 
        (described in section 257) of current-year levels of 
        new budget authority, outlays, receipts, and the 
        surplus or deficit into the budget year and the 
        outyears.
            (6) The term ``budgetary resources'' means new 
        budget authority, unobligated balances, direct spending 
        authority, and obligation limitations.
            (7) The term ``discretionary appropriations'' means 
        budgetary resources (except to fund direct-spending 
        programs) provided in appropriation Acts.
            (8) The term ``direct spending'' means--
                    (A) budget authority provided by law other 
                than appropriation Acts;
                    (B) entitlement authority; and
                    (C) the Supplemental Nutrition Assistance 
                Program.
            (9) The term ``current'' means, with respect to OMB 
        estimates included with a budget submission under 
        section 1105(a) of title 31, United States Code, the 
        estimates consistent with the economic and technical 
        assumptions underlying that budget and with respect to 
        estimates made after that budget submission that are 
        not included with it, estimates consistent with the 
        economic and technical assumptions underlying the most 
        recently submitted President's budget.
            (10) The term ``real economic growth'', with 
        respect to any fiscal year, means the growth in the 
        gross national product during such fiscal year, 
        adjusted for inflation, consistent with Department of 
        Commerce definitions.
            (11) The term ``account'' means an item for which 
        appropriations are made in any appropriation Act and, 
        for items not provided for in appropriation Acts, such 
        term means an item for which there is a designated 
        budget account identification code number in the 
        President's budget.
            (12) The term ``budget year'' means, with respect 
        to a session of Congress, the fiscal year of the 
        Government that starts on October 1 of the calendar 
        year in which that session begins.
            (13) The term ``current year'' means, with respect 
        to a budget year, the fiscal year that immediately 
        precedes that budget year.
            (14) The term ``outyear'' means a fiscal year one 
        or more years after the budget year.
            (15) The term ``OMB'' means the Director of the 
        Office of Management and Budget.
            (16) The term ``CBO'' means the Director of the 
        Congressional Budget Office.
            (17) As used in this part, all references to 
        entitlement authority shall include the list of 
        mandatory appropriations included in the joint 
        explanatory statement of managers accompanying the 
        conference report on the Balanced Budget Act of 1997.
            (18) The term ``deposit insurance'' refers to the 
        expenses of the Federal deposit insurance agencies, and 
        other Federal agencies supervising insured depository 
        institutions, resulting from full funding of, and 
        continuation of, the deposit insurance guarantee 
        commitment in effect under current estimates.
            (19) The term ``asset sale'' means the sale to the 
        public of any asset (except for those assets covered by 
        title V of the Congressional Budget Act of 1974), 
        whether physical or financial, owned in whole or in 
        part by the United States.
            (20) The term ``emergency'' means a situation 
        that--
                    (A) requires new budget authority and 
                outlays (or new budget authority and the 
                outlays flowing therefrom) for the prevention 
                or mitigation of, or response to, loss of life 
                or property, or a threat to national security; 
                and
                    (B) is unanticipated.
            (21) The term ``unanticipated'' means that the 
        underlying situation is--
                    (A) sudden, which means quickly coming into 
                being or not building up over time;
                    (B) urgent, which means a pressing and 
                compelling need requiring immediate action;
                    (C) unforeseen, which means not predicted 
                or anticipated as an emerging need; and
                    (D) temporary, which means not of a 
                permanent duration.

SEC. 251. [2 U.S.C. 901] ENFORCING DISCRETIONARY SPENDING LIMITS.

    (a) Enforcement.--
            (1) Sequestration.--Within 15 calendar days after 
        Congress adjourns to end a session there shall be a 
        sequestration to eliminate a budget-year breach, if 
        any, within any category.
            (2) Eliminating a breach.--Each non-exempt account 
        within a category shall be reduced by a dollar amount 
        calculated by multiplying the enacted level of 
        sequestrable budgetary resources in that account at 
        that time by the uniform percentage necessary to 
        eliminate a breach within that category.
            (3) Military personnel.--If the President uses the 
        authority to exempt any personnel account from 
        sequestration under section 255(f), each account within 
        subfunctional category 051 (other than those military 
        personnel accounts for which the authority provided 
        under section 255(f) has been exercised) shall be 
        further reduced by a dollar amount calculated by 
        multiplying the enacted level of non-exempt budgetary 
        resources in that account at that time by the uniform 
        percentage necessary to offset the total dollar amount 
        by which outlays are not reduced in military personnel 
        accounts by reason of the use of such authority.
            (4) Part-year appropriations.--If, on the date 
        specified in paragraph (1), there is in effect an Act 
        making or continuing appropriations for part of a 
        fiscal year for any budget account, then the dollar 
        sequestration calculated for that account under 
        paragraphs (2) and (3) shall be subtracted from--
                    (A) the annualized amount otherwise 
                available by law in that account under that or 
                a subsequent part-year appropriation; and
                    (B) when a full-year appropriation for that 
                account is enacted, from the amount otherwise 
                provided by the full-year appropriation for 
                that account.
            (5) Look-back.--If, after June 30, an appropriation 
        for the fiscal year in progress is enacted that causes 
        a breach within a category for that year (after taking 
        into account any sequestration of amounts within that 
        category), the discretionary spending limits for that 
        category for the next fiscal year shall be reduced by 
        the amount or amounts of that breach.
            (6) Within-session sequestration.--If an 
        appropriation for a fiscal year in progress is enacted 
        (after Congress adjourns to end the session for that 
        budget year and before July 1 of that fiscal year) that 
        causes a breach within a category for that year (after 
        taking into account any prior sequestration of amounts 
        within that category), 15 days later there shall be a 
        sequestration to eliminate that breach within that 
        category following the procedures set forth in 
        paragraphs (2) through (4).
            (7) Estimates.--
                    (A) CBO estimates.--As soon as practicable 
                after Congress completes action on any 
                discretionary appropriation, CBO, after 
                consultation with the Committees on the Budget 
                of the House of Representatives and the Senate, 
                shall provide OMB with an estimate of the 
                amount of discretionary new budget authority 
                and outlays for the current year, if any, and 
                the budget year provided by that legislation.
                    (B) OMB estimates and explanation of 
                differences.--Not later than 7 calendar days 
                (excluding Saturdays, Sundays, and legal 
                holidays) after the date of enactment of any 
                discretionary appropriation, OMB shall transmit 
                a report to the House of Representatives and to 
                the Senate containing the CBO estimate of that 
                legislation, an OMB estimate of the amount of 
                discretionary new budget authority and outlays 
                for the current year, if any, and the budget 
                year provided by that legislation, and an 
                explanation of any difference between the 2 
                estimates. If during the preparation of the 
                report OMB determines that there is a 
                significant difference between OMB and CBO, OMB 
                shall consult with the Committees on the Budget 
                of the House of Representatives and the Senate 
                regarding that difference and that consultation 
                shall include, to the extent practicable, 
                written communication to those committees that 
                affords such committees the opportunity to 
                comment before the issuance of the report.
                    (C) Assumptions and guidelines.--OMB 
                estimates under this paragraph shall be made 
                using current economic and technical 
                assumptions. OMB shall use the OMB estimates 
                transmitted to the Congress under this 
                paragraph. OMB and CBO shall prepare estimates 
                under this paragraph in conformance with 
                scorekeeping guidelines determined after 
                consultation among the Committees on the Budget 
                of the House of Representatives and the Senate, 
                CBO, and OMB.
                    (D) Annual appropriations.--For purposes of 
                this paragraph, amounts provided by annual 
                appropriations shall include any discretionary 
                appropriations for the current year, if any, 
                and the budget year in accounts for which 
                funding is provided in that legislation that 
                result from previously enacted legislation.
    (b) Adjustments to Discretionary Spending Limits.--
            (1) Concepts and definitions.--When the President 
        submits the budget under section 1105 of title 31, 
        United States Code, OMB shall calculate and the budget 
        shall include adjustments to discretionary spending 
        limits (and those limits as cumulatively adjusted) for 
        the budget year and each outyear to reflect changes in 
        concepts and definitions. Such changes shall equal the 
        baseline levels of new budget authority and outlays 
        using up-to-date concepts and definitions, minus those 
        levels using the concepts and definitions in effect 
        before such changes. Such changes may only be made 
        after consultation with the Committees on 
        Appropriations and the Budget of the House of 
        Representatives and the Senate, and that consultation 
        shall include written communication to such committees 
        that affords such committees the opportunity to comment 
        before official action is taken with respect to such 
        changes.
            (2) Sequestration reports.--When OMB submits a 
        sequestration report under section 254(e), (f), or (g) 
        for a fiscal year, OMB shall calculate, and the 
        sequestration report and subsequent budgets submitted 
        by the President under section 1105(a) of title 31, 
        United States Code, shall include adjustments to 
        discretionary spending limits (and those limits as 
        adjusted) for the fiscal year and each succeeding year, 
        as follows:
                    (A) Emergency appropriations; overseas 
                contingency operations/global war on 
                terrorism.--If, for any fiscal year, 
                appropriations for discretionary accounts are 
                enacted that--
                            (i) the Congress designates as 
                        emergency requirements in statute on an 
                        account by account basis and the 
                        President subsequently so designates, 
                        or
                            (ii) the Congress designates for 
                        Overseas Contingency Operations/Global 
                        War on Terrorism in statute on an 
                        account by account basis and the 
                        President subsequently so designates,
                the adjustment shall be the total of such 
                appropriations in discretionary accounts 
                designated as emergency requirements or for 
                Overseas Contingency Operations/Global War on 
                Terrorism, as applicable.
                    (B) Continuing disability reviews and 
                redeterminations.--
                            (i) If a bill or joint resolution 
                        making appropriations for a fiscal year 
                        is enacted that specifies an amount for 
                        continuing disability reviews under 
                        titles II and XVI of the Social 
                        Security Act and for the cost 
                        associated with conducting 
                        redeterminations of eligibility under 
                        title XVI of the Social Security Act, 
                        then the adjustments for that fiscal 
                        year shall be the additional new budget 
                        authority provided in that Act for such 
                        expenses for that fiscal year, but 
                        shall not exceed--
                                    (I) for fiscal year 2012, 
                                $623,000,000 in additional new 
                                budget authority;
                                    (II) for fiscal year 2013, 
                                $751,000,000 in additional new 
                                budget authority;
                                6    (III) for fiscal year 
                                2014, $924,000,000 in 
                                additional new budget 
                                authority;
                                    (IV) for fiscal year 2015, 
                                $1,123,000,000 in additional 
                                new budget authority;
                                    (V) for fiscal year 2016, 
                                $1,166,000,000 in additional 
                                new budget authority;
                                    (VI) for fiscal year 2017, 
                                $1,309,000,000 in additional 
                                new budget authority;
                                    (VII) for fiscal year 2018, 
                                $1,309,000,000 in additional 
                                new budget authority;
                                    (VIII) for fiscal year 
                                2019, $1,309,000,000 in 
                                additional new budget 
                                authority;
                                    (IX) for fiscal year 2020, 
                                $1,309,000,000 in additional 
                                new budget authority; and
                                    (X) for fiscal year 2021, 
                                $1,309,000,000 in additional 
                                new budget authority.
                            (ii) As used in this subparagraph--
                                    (I) the term ``continuing 
                                disability reviews'' means 
                                continuing disability reviews 
                                under sections 221(i) and 
                                1614(a)(4) of the Social 
                                Security Act;
                                    (II) the term 
                                ``redetermination'' means 
                                redetermination of eligibility 
                                under sections 1611(c)(1) and 
                                1614(a)(3)(H) of the Social 
                                Security Act; and
                                    (III) the term ``additional 
                                new budget authority'' means 
                                the amount provided for a 
                                fiscal year, in excess of 
                                $273,000,000, in an 
                                appropriation Act and specified 
                                to pay for the costs of 
                                continuing disability reviews 
                                and redeterminations under the 
                                heading ``Limitation on 
                                Administrative Expenses'' for 
                                the Social Security 
                                Administration.
                    (C) Health care fraud and abuse control.--
                            (i) If a bill or joint resolution 
                        making appropriations for a fiscal year 
                        is enacted that specifies an amount for 
                        the health care fraud abuse control 
                        program at the Department of Health and 
                        Human Services (75-8393-0-7-571), then 
                        the adjustments for that fiscal year 
                        shall be the amount of additional new 
                        budget authority provided in that Act 
                        for such program for that fiscal year, 
                        but shall not exceed--
                                    (I) for fiscal year 2012, 
                                $270,000,000 in additional new 
                                budget authority;
                                    (II) for fiscal year 2013, 
                                $299,000,000 in additional new 
                                budget authority;
                                    (III) for fiscal year 2014, 
                                $329,000,000 in additional new 
                                budget authority;
                                    (IV) for fiscal year 2015, 
                                $361,000,000 in additional new 
                                budget authority;
                                    (V) for fiscal year 2016, 
                                $395,000,000 in additional new 
                                budget authority;
                                    (VI) for fiscal year 2017, 
                                $414,000,000 in additional new 
                                budget authority;
                                    (VII) for fiscal year 2018, 
                                $434,000,000 in additional new 
                                budget authority;
                                    (VIII) for fiscal year 
                                2019, $454,000,000 in 
                                additional new budget 
                                authority;
                                    (IX) for fiscal year 2020, 
                                $475,000,000 in additional new 
                                budget authority; and
                                    (X) for fiscal year 2021, 
                                $496,000,000 in additional new 
                                budget authority.
                            (ii) As used in this subparagraph, 
                        the term ``additional new budget 
                        authority'' means the amount provided 
                        for a fiscal year, in excess of 
                        $311,000,000, in an appropriation Act 
                        and specified to pay for the costs of 
                        the health care fraud and abuse control 
                        program.
                    (D) Disaster funding.--
                            (i) If, for fiscal years 2012 
                        through 2021, appropriations for 
                        discretionary accounts are enacted that 
                        Congress designates as being for 
                        disaster relief in statute, the 
                        adjustment for a fiscal year shall be 
                        the total of such appropriations for 
                        the fiscal year in discretionary 
                        accounts designated as being for 
                        disaster relief, but not to exceed the 
                        total of--
                                    (I) the average funding 
                                provided for disaster relief 
                                over the previous 10 years, 
                                excluding the highest and 
                                lowest years; and
                                    (II) the amount, for years 
                                when the enacted new 
                                discretionary budget authority 
                                designated as being for 
                                disaster relief for the 
                                preceding fiscal year was less 
                                than the average as calculated 
                                in subclause (I) for that 
                                fiscal year, that is the 
                                difference between the enacted 
                                amount and the allowable 
                                adjustment as calculated in 
                                such subclause for that fiscal 
                                year.
                            (ii) OMB shall report to the 
                        Committees on Appropriations and Budget 
                        in each House the average calculated 
                        pursuant to clause (i)(II), not later 
                        than 30 days after the date of the 
                        enactment of the Budget Control Act of 
                        2011.
                            (iii) For the purposes of this 
                        subparagraph, the term ``disaster 
                        relief'' means activities carried out 
                        pursuant to a determination under 
                        section 102(2) of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5122(2)).\44\
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    \44\ Major disaster.--``Major disaster'' means any natural 
catastrophe (including any hurricane, tornado, storm, high water, 
winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, 
landslide, mudslide, snowstorm, or drought), or, regardless of cause, 
any fire, flood, or explosion, in any part of the United States, which 
in the determination of the President causes damage of sufficient 
severity and magnitude to warrant major disaster assistance under this 
chapter to supplement the efforts and available resources of States, 
local governments, and disaster relief organizations in alleviating the 
damage, loss, hardship, or suffering caused thereby.
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                            (iv) Appropriations considered 
                        disaster relief under this subparagraph 
                        in a fiscal year shall not be eligible 
                        for adjustments under subparagraph (A) 
                        for the fiscal year.
    (c) Discretionary Spending Limit.\45\--As used in this 
part, the term ``discretionary spending limit'' means--
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    \45\ On January 15, 2012, the levels set in section 251(c) were 
replaced by the levels set in section 251A. See page 91.
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            (1) with respect to fiscal year 2012--
                    (A) for the security category, 
                $684,000,000,000 in new budget authority; and
                    (B) for the nonsecurity category, 
                $359,000,000,000 in new budget authority;
            (2) with respect to fiscal year 2013--
                    (A) for the security category, 
                $686,000,000,000 in new budget authority; and
                    (B) for the nonsecurity category, 
                $361,000,000,000 in new budget authority;
            (3) with respect to fiscal year 2014, for the 
        discretionary category, $1,066,000,000,000 in new 
        budget authority;
            (4) with respect to fiscal year 2015, for the 
        discretionary category, $1,086,000,000,000 in new 
        budget authority;
            (5) with respect to fiscal year 2016, for the 
        discretionary category, $1,107,000,000,000 in new 
        budget authority;
            (6) with respect to fiscal year 2017, for the 
        discretionary category, $1,131,000,000,000 in new 
        budget authority;
            (7) with respect to fiscal year 2018, for the 
        discretionary category, $1,156,000,000,000 in new 
        budget authority;
            (8) with respect to fiscal year 2019, for the 
        discretionary category, $1,182,000,000,000 in new 
        budget authority;
            (9) with respect to fiscal year 2020, for the 
        discretionary category, $1,208,000,000,000 in new 
        budget authority; and
            (10) with respect to fiscal year 2021, for the 
        discretionary category, $1,234,000,000,000 in new 
        budget authority;
as adjusted in strict conformance with subsection (b).

SEC. 251A. [2 U.S.C. 901A] ENFORCEMENT OF BUDGET GOAL.

    Unless a joint committee\46\ bill achieving an amount 
greater than $1,200,000,000,000 in deficit reduction as 
provided in section 401(b)(3)(B)(i)(II) of the Budget Control 
Act of 2011 \47\ is enacted by January 15, 2012, the 
discretionary spending limits listed in section 251(c) \48\ 
shall be revised, and discretionary appropriations and direct 
spending shall be reduced, as follows:
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    \46\ The term ``joint committee'' refers to the Joint Select 
Committee on Deficit Reduction established by the Budget Control Act of 
2011 [Public Law 112-25] The Joint Select Committee on Deficit 
Reduction was terminated on January 31, 2012. See page 197.
    \47\ See section 401(b)(3)(B)(i)(II) of the Budget Control Act of 
2011 on page 193.
    \48\ After January 15, 2012, the levels set forth in section 251(c) 
were superseded by the levels set in section 251A of the Balanced 
Budget and Emergency Deficit Control Act of 1985.
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            (1) Revised security category; revised nonsecurity 
        category.--
                    (A) The term ``revised security category'' 
                means discretionary appropriations in budget 
                function 050.
                    (B) The term ``revised nonsecurity 
                category'' means discretionary appropriations 
                other than in budget function 050.
            (2) Revised discretionary spending limits.--The 
        discretionary spending limits for fiscal years 2013 
        through 2021 under section 251(c) shall be replaced 
        with the following:
                    (A) For fiscal year 2013--
                            (i) for the security category, 
                        $546,000,000,000 in budget authority; 
                        and
                            (ii) for the nonsecurity category, 
                        $501,000,000,000 in budget authority.
                    (B) For fiscal year 2014--
                            (i) for the security category, 
                        $556,000,000,000 in budget authority; 
                        and
                            (ii) for the nonsecurity category, 
                        $510,000,000,000 in budget authority.
                    (C) For fiscal year 2015--
                            (i) for the security category, 
                        $566,000,000,000 in budget authority; 
                        and
                            (ii) for the nonsecurity category, 
                        $520,000,000,000 in budget authority.
                    (D) For fiscal year 2016--
                            (i) for the security category, 
                        $577,000,000,000 in budget authority; 
                        and
                            (ii) for the nonsecurity category, 
                        $530,000,000,000 in budget authority.
                    (E) For fiscal year 2017--
                            (i) for the security category, 
                        $590,000,000,000 in budget authority; 
                        and
                            (ii) for the nonsecurity category, 
                        $541,000,000,000 in budget authority.
                    (F) For fiscal year 2018--
                            (i) for the security category, 
                        $603,000,000,000 in budget authority; 
                        and
                            (ii) for the nonsecurity category, 
                        $553,000,000,000 in budget authority.
                    (G) For fiscal year 2019--
                            (i) for the security category, 
                        $616,000,000,000 in budget authority; 
                        and
                            (ii) for the nonsecurity category, 
                        $566,000,000,000 in budget authority.
                    (H) For fiscal year 2020--
                            (i) for the security category, 
                        $630,000,000,000 in budget authority; 
                        and
                            (ii) for the nonsecurity category, 
                        $578,000,000,000 in budget authority.
                    (I) For fiscal year 2021--
                            (i) for the security category, 
                        $644,000,000,000 in budget authority; 
                        and
                            (ii) for the nonsecurity category, 
                        $590,000,000,000 in budget authority.
            (3) Calculation of total deficit reduction.--OMB 
        shall calculate the amount of the deficit reduction 
        required by this section for each of fiscal years 2013 
        through 2021 by--
                    (A) starting with $1,200,000,000,000;
                    (B) subtracting the amount of deficit 
                reduction achieved by the enactment of a joint 
                committee bill, as provided in section 
                401(b)(3)(B)(i)(II) of the Budget Control Act 
                of 2011;\49\
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    \49\ See section 401(b)(3)(B)(i)(II) of the Budget Control Act of 
2011 on page 193.
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                    (C) reducing the difference by 18 percent 
                to account for debt service; and
                    (D) dividing the result by 9.
            (4) Allocation to functions.--On January 2, 2013, 
        for fiscal year 2013, and in its sequestration preview 
        report for fiscal years 2014 through 2021 pursuant to 
        section 254(c), OMB shall allocate half of the total 
        reduction calculated pursuant to paragraph (3) for that 
        year to discretionary appropriations and direct 
        spending accounts within function 050 (defense 
        function) and half to accounts in all other functions 
        (nondefense functions).
            (5) Defense function reduction.--OMB shall 
        calculate the reductions to discretionary 
        appropriations and direct spending for each of fiscal 
        years 2013 through 2021 for defense function spending 
        as follows:
                    (A) Discretionary.--OMB shall calculate the 
                reduction to discretionary appropriations by--
                            (i) taking the total reduction for 
                        the defense function allocated for that 
                        year under paragraph (4);
                            (ii) multiplying by the 
                        discretionary spending limit for the 
                        revised security category for that 
                        year; and
                            (iii) dividing by the sum of the 
                        discretionary spending limit for the 
                        security category and OMB's baseline 
                        estimate of nonexempt outlays for 
                        direct spending programs within the 
                        defense function for that year.
                    (B) Direct spending.--OMB shall calculate 
                the reduction to direct spending by taking the 
                total reduction for the defense function 
                required for that year under paragraph (4) and 
                subtracting the discretionary reduction 
                calculated pursuant to subparagraph (A).
            (6) Nondefense function reduction.--OMB shall 
        calculate the reduction to discretionary appropriations 
        and to direct spending for each of fiscal years 2013 
        through 2021 for programs in nondefense functions as 
        follows:
                    (A) Discretionary.--OMB shall calculate the 
                reduction to discretionary appropriations by--
                            (i) taking the total reduction for 
                        nondefense functions allocated for that 
                        year under paragraph (4);
                            (ii) multiplying by the 
                        discretionary spending limit for the 
                        revised nonsecurity category for that 
                        year; and
                            (iii) dividing by the sum of the 
                        discretionary spending limit for the 
                        revised nonsecurity category and OMB's 
                        baseline estimate of nonexempt outlays 
                        for direct spending programs in 
                        nondefense functions for that year.
                    (B) Direct spending.--OMB shall calculate 
                the reduction to direct spending programs by 
                taking the total reduction for nondefense 
                functions required for that year under 
                paragraph (4) and subtracting the discretionary 
                reduction calculated pursuant to subparagraph 
                (A).
            (7) Implementing discretionary reductions.--
                    (A) Fiscal year 2013.--On January 2, 2013, 
                for fiscal year 2013, OMB shall calculate and 
                the President shall order a sequestration, 
                effective upon issuance and under the 
                procedures set forth in section 253(f), to 
                reduce each account within the security 
                category or nonsecurity category by a dollar 
                amount calculated by multiplying the baseline 
                level of budgetary resources in that account at 
                that time by a uniform percentage necessary to 
                achieve--
                            (i) for the revised security 
                        category, an amount equal to the 
                        defense function discretionary 
                        reduction calculated pursuant to 
                        paragraph (5); and
                            (ii) for the revised nonsecurity 
                        category, an amount equal to the 
                        nondefense function discretionary 
                        reduction calculated pursuant to 
                        paragraph (6).
                    (B) Fiscal years 2014-2021.--On the date of 
                the submission of its sequestration preview 
                report for fiscal years 2014 through 2021 
                pursuant to section 254(c) for each of fiscal 
                years 2014 through 2021, OMB shall reduce the 
                discretionary spending limit--
                            (i) for the revised security 
                        category by the amount of the defense 
                        function discretionary reduction 
                        calculated pursuant to paragraph (5); 
                        and
                            (ii) for the revised nonsecurity 
                        category by the amount of the 
                        nondefense function discretionary 
                        reduction calculated pursuant to 
                        paragraph (6).
            (8) Implementing direct spending reductions.--On 
        the date specified in paragraph (4) during each 
        applicable year, OMB shall prepare and the President 
        shall order a sequestration, effective upon issuance, 
        of nonexempt direct spending to achieve the direct 
        spending reduction calculated pursuant to paragraphs 
        (5) and (6). When implementing the sequestration of 
        direct spending pursuant to this paragraph, OMB shall 
        follow the procedures specified in section 6 of the 
        Statutory Pay-As-You-Go Act of 2010, the exemptions 
        specified in section 255, and the special rules 
        specified in section 256, except that the percentage 
        reduction for the Medicare programs specified in 
        section 256(d) shall not be more than 2 percent for a 
        fiscal year.
            (9) Adjustment for medicare.--If the percentage 
        reduction for the Medicare programs would exceed 2 
        percent for a fiscal year in the absence of paragraph 
        (8), OMB shall increase the reduction for all other 
        discretionary appropriations and direct spending under 
        paragraph (6) by a uniform percentage to a level 
        sufficient to achieve the reduction required by 
        paragraph (6) in the non-defense function.
            (10) Implementation of reductions.--Any reductions 
        imposed under this section shall be implemented in 
        accordance with section 256(k).
            (11) Report.--On the dates specified in paragraph 
        (4), OMB shall submit a report to Congress containing 
        information about the calculations required under this 
        section, the adjusted discretionary spending limits, a 
        listing of the reductions required for each nonexempt 
        direct spending account, and any other data and 
        explanations that enhance public understanding of this 
        title and actions taken under it.

 H4  deg.SEC. 252. [2 U.S.C. 902] ENFORCING PAY-AS-YOU-GO.\50\

    (a) Purpose.--The purpose of this section is to assure that 
any legislation enacted before October 1, 2002, affecting 
direct spending or receipts that increases the deficit will 
trigger an offsetting sequestration.
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    \50\ Section 252 is in force since BBEDCA was made permanent by the 
Budget Control Act of 2011 (Public Law 112-25), but the years specified 
in the section render it inoperable.
---------------------------------------------------------------------------
    (b) Sequestration.--
            (1) Timing.--Not later than 15 calendar days after 
        the date Congress adjourns to end a session and on the 
        same day as a sequestration (if any) under section 251 
        or 253, there shall be a sequestration to offset the 
        amount of any net deficit increase caused by all direct 
        spending and receipts legislation enacted before 
        October 1, 2002, as calculated under paragraph (2).
            (2) Calculation of deficit increase.--OMB shall 
        calculate the amount of deficit increase or decrease by 
        adding--
                    (A) all OMB estimates for the budget year 
                of direct spending and receipts legislation 
                transmitted under subsection (d);
                    (B) the estimated amount of savings in 
                direct spending programs applicable to budget 
                year resulting from the prior year's 
                sequestration under this section or section 
                253, if any, as published in OMB's final 
                sequestration report for that prior year; and
                    (C) any net deficit increase or decrease in 
                the current year resulting from all OMB 
                estimates for the current year of direct 
                spending and receipts legislation transmitted 
                under subsection (d) that were not reflected in 
                the final OMB sequestration report for the 
                current year.
    (c) Eliminating a Deficit Increase.--
            (1) The amount required to be sequestered in a 
        fiscal year under subsection (b) shall be obtained from 
        non-exempt direct spending accounts from actions taken 
        in the following order:
                    (A) First.--All reductions in automatic 
                spending increases specified in section 256(a) 
                shall be made.
                    (B) Second.--If additional reductions in 
                direct spending accounts are required to be 
                made, the maximum reductions permissible under 
                sections 256(b) (guaranteed and direct student 
                loans) and 256(c) \51\ (foster care and 
                adoption assistance) shall be made.
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    \51\ There is no subsection 256(c) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. The Statutory Pay-As-You-Go Act 
of 2010 (Public Law 111-139) deleted this subsection.
---------------------------------------------------------------------------
                    (C) Third.--
                            (i) If additional reductions in 
                        direct spending accounts are required 
                        to be made, each remaining non-exempt 
                        direct spending account shall be 
                        reduced by the uniform percentage 
                        necessary to make the reductions in 
                        direct spending required by paragraph 
                        (1); except that the medicare programs 
                        specified in section 256(d) shall not 
                        be reduced by more than 4 percent and 
                        the uniform percentage applicable to 
                        all other direct spending programs 
                        under this paragraph shall be increased 
                        (if necessary) to a level sufficient to 
                        achieve the required reduction in 
                        direct spending.
                            (ii) For purposes of determining 
                        reductions under clause (i), outlay 
                        reductions (as a result of 
                        sequestration of Commodity Credit 
                        Corporation commodity price support 
                        contracts in the fiscal year of a 
                        sequestration) that would occur in the 
                        following fiscal year shall be credited 
                        as outlay reductions in the fiscal year 
                        of the sequestration.
            (2) For purposes of this subsection, accounts shall 
        be assumed to be at the level in the baseline.
    (d) Estimates.--
            (1) CBO estimates.\52\--As soon as practicable 
        after Congress completes action on any direct spending 
        or receipts legislation, CBO shall provide an estimate 
        to OMB of that legislation.
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    \52\ This paragraph, pursuant to section 252(d)(1) of the Budget 
Control Act of 2011, no longer applies to the Congressional Budget 
Office.
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            (2) OMB estimates.--Not later than 7 calendar days 
        (excluding Saturdays, Sundays, and legal holidays) 
        after the date of enactment of any direct spending or 
        receipts legislation, OMB shall transmit a report to 
        the House of Representatives and to the Senate 
        containing--
                    (A) the CBO estimate of that legislation;
                    (B) an OMB estimate of that legislation 
                using current economic and technical 
                assumptions; and
                    (C) an explanation of any difference 
                between the 2 estimates.
            (3) Significant differences.--If during the 
        preparation of the report under paragraph (2) OMB 
        determines that there is a significant difference 
        between the OMB and CBO estimates, OMB shall consult 
        with the Committees on the Budget of the House of 
        Representatives and the Senate regarding that 
        difference and that consultation, to the extent 
        practicable, shall include written communication to 
        such committees that affords such committees the 
        opportunity to comment before the issuance of that 
        report.
            (4) Scope of estimates.--The estimates under this 
        section shall include the amount of change in outlays 
        or receipts for the current year (if applicable), the 
        budget year, and each outyear excluding any amounts 
        resulting from--
                    (A) full funding of, and continuation of, 
                the deposit insurance guarantee commitment in 
                effect under current estimates; and
                    (B) emergency provisions as designated 
                under subsection (e).
            (5) Scorekeeping guidelines.--OMB and CBO, after 
        consultation with each other and the Committees on the 
        Budget of the House of Representatives and the Senate, 
        shall--
                    (A) determine common scorekeeping 
                guidelines; and
                    (B) in conformance with such guidelines, 
                prepare estimates under this section.
    (e) \53\ Emergency Legislation.--If a provision of direct 
spending or receipts legislation is enacted that the President 
designates as an emergency requirement and that the Congress so 
designates in statute, the amounts of new budget authority, 
outlays, and receipts in all fiscal years resulting from that 
provision shall be designated as an emergency requirement in 
the reports required under subsection (d). This subsection 
shall not apply to direct spending provisions to cover 
agricultural crop disaster assistance.
---------------------------------------------------------------------------
    \53\ See page 271: Clause 2(e) of rule XXI of the Rules of the 
House of Representatives reads as follows:
    ``(e) A provision other than an appropriation designated an 
emergency under section 251(b)(2) or section 252(e) of the Balanced 
Budget and Emergency Deficit Control Act, a rescission of budget 
authority, or a reduction in direct spending or an amount for a 
designated emergency may not be reported in an appropriation bill or 
joint resolution containing an emergency designation under section 
251(b)(2) or section 252(e) of such Act and may not be in order as an 
amendment thereto.''
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 H4  deg.SEC. 253. [2 U.S.C. 903] ENFORCING DEFICIT 
                    TARGETS.\54\

    (a) Sequestration.--Within 15 calendar days after Congress 
adjourns to end a session (other than of the One Hundred First 
Congress) and on the same day as a sequestration (if any) under 
section 251 and section 252, but after any sequestration 
required by section 251 (enforcing discretionary spending 
limits) or section 252 (enforcing pay-as-you-go), there shall 
be a sequestration to eliminate the excess deficit (if any 
remains) if it exceeds the margin.
---------------------------------------------------------------------------
    \54\ Section 253 is in force since BBEDCA was made permanent by the 
Budget Control Act of 2011 (Public Law 112-25), but the section is 
inoperable.
---------------------------------------------------------------------------
    (b) Excess Deficit; Margin.--The excess deficit is, if 
greater than zero, the estimated deficit for the budget year, 
minus--
            (1) the maximum deficit amount for that year;
            (2) the amounts for that year designated as 
        emergency direct spending or receipts legislation under 
        section 252(e); and
            (3) for any fiscal year in which there is not a 
        full adjustment for technical and economic reestimates, 
        the deposit insurance reestimate for that year, if any, 
        calculated under subsection (h).
The ``margin'' for fiscal year 1992 or 1993 is zero and for 
fiscal year 1994 or 1995 is $15,000,000,000.
    (c) Dividing the Sequestration.--To eliminate the excess 
deficit in a budget year, half of the required outlay 
reductions shall be obtained from non-exempt defense accounts 
(accounts designated as function 050 in the President's fiscal 
year 1991 budget submission) and half from non-exempt, non-
defense accounts (all other non-exempt accounts).
    (d) Defense.--Each non-exempt defense account shall be 
reduced by a dollar amount calculated by multiplying the level 
of sequestrable budgetary resources in that account at that 
time by the uniform percentage necessary to carry out 
subsection (c), except that, if any military personnel are 
exempt, adjustments shall be made under the procedure set forth 
in section 251(a)(3).
    (e) Non-Defense.--Actions to reduce non-defense accounts 
shall be taken in the following order:
            (1) First.--All reductions in automatic spending 
        increases under section 256(a) shall be made.
            (2) Second.--If additional reductions in non-
        defense accounts are required to be made, the maximum 
        reduction permissible under sections 256(b) (guaranteed 
        student loans) and 256(c) (foster care and adoption 
        assistance) shall be made.
            (3) Third.--
                    (A) If additional reductions in non-defense 
                accounts are required to be made, each 
                remaining non-exempt, non-defense account shall 
                be reduced by the uniform percentage necessary 
                to make the reductions in non-defense outlays 
                required by subsection (c), except that--
                            (i) the medicare program specified 
                        in section 256(d) shall not be reduced 
                        by more than 2 percent in total 
                        including any reduction of less than 2 
                        percent made under section 252 or, if 
                        it has been reduced by 2 percent or 
                        more under section 252, it may not be 
                        further reduced under this section; and
                            (ii) the health programs set forth 
                        in section 256(e) shall not be reduced 
                        by more than 2 percent in total 
                        (including any reduction made under 
                        section 251),
                and the uniform percent applicable to all other 
                programs under this subsection shall be 
                increased (if necessary) to a level sufficient 
                to achieve the required reduction in non-
                defense outlays.
                    (B) For purposes of determining reductions 
                under subparagraph (A), outlay reduction (as a 
                result of sequestration of Commodity Credit 
                Corporation commodity price support contracts 
                in the fiscal year of a sequestration) that 
                would occur in the following fiscal year shall 
                be credited as outlay reductions in the fiscal 
                year of the sequestration.
    (f) Baseline Assumptions; Part-year Appropriations.--
            (1) Budget assumptions.--For purposes of 
        subsections (b), (c), (d), and (e), accounts shall be 
        assumed to be at the level in the baseline minus any 
        reductions required to be made under sections 251 and 
        252.
            (2) Part-year appropriations.--If, on the date 
        specified in subsection (a), there is in effect an Act 
        making or continuing appropriations for part of a 
        fiscal year for any non-exempt budget account, then the 
        dollar sequestration calculated for that account under 
        subsection (d) or (e), as applicable, shall be 
        subtracted from--
                    (A) the annualized amount otherwise 
                available by law in that account under that or 
                a subsequent part-year appropriation; and
                    (B) when a full-year appropriation for that 
                account is enacted, from the amount otherwise 
                provided by the full-year appropriation; except 
                that the amount to be sequestered from that 
                account shall be reduced (but not below zero) 
                by the savings achieved by that appropriation 
                when the enacted amount is less than the 
                baseline for that account.
    (g) Adjustments to Maximum Deficit Amounts.--
            (1) Adjustments.--
                    (A) When the President submits the budget 
                for fiscal year 1992, the maximum deficit 
                amounts for fiscal years 1992, 1993, 1994, and 
                1995 shall be adjusted to reflect up-to-date 
                reestimates of economic and technical 
                assumptions and any changes in concepts or 
                definitions. When the President submits the 
                budget for fiscal year 1993, the maximum 
                deficit amounts for fiscal years 1993, 1994, 
                and 1995 shall be further adjusted to reflect 
                up-to-date reestimates of economic and 
                technical assumptions and any changes in 
                concepts or definitions.
                    (B) When submitting the budget for fiscal 
                year 1994, the President may choose to adjust 
                the maximum deficit amounts for fiscal years 
                1994 and 1995 to reflect up-to-date reestimates 
                of economic and technical assumptions. If the 
                President chooses to adjust the maximum deficit 
                amount when submitting the fiscal year 1994 
                budget, the President may choose to invoke the 
                same adjustment procedure when submitting the 
                budget for fiscal year 1995. In each case, the 
                President must choose between making no 
                adjustment or the full adjustment described in 
                paragraph (2). If the President chooses to make 
                that full adjustment, then those procedures for 
                adjusting discretionary spending limits 
                described in sections 251(b)(1)(C) and 
                251(b)(2)(E), otherwise applicable through 
                fiscal year 1993 or 1994 (as the case may be), 
                shall be deemed to apply for fiscal year 1994 
                (and 1995 if applicable).
                    (C) When the budget for fiscal year 1994 or 
                1995 is submitted and the sequestration reports 
                for those years under section 254 are made (as 
                applicable), if the President does not choose 
                to make the adjustments set forth in 
                subparagraph (B), the maximum deficit amount 
                for that fiscal year shall be adjusted by the 
                amount of the adjustment to discretionary 
                spending limits first applicable for that year 
                (if any) under section 251(b).
                    (D) For each fiscal year the adjustments 
                required to be made with the submission of the 
                President's budget for that year shall also be 
                made when OMB submits the sequestration update 
                report and the final sequestration report for 
                that year, but OMB shall continue to use the 
                economic and technical assumptions in the 
                President's budget for that year.
        Each adjustment shall be made by increasing or 
        decreasing the maximum deficit amounts set forth in 
        section 601 of the Congressional Budget Act of 1974.
            (2) Calculations of adjustments.--The required 
        increase or decrease shall be calculated as follows:
                    (A) The baseline deficit or surplus shall 
                be calculated using up-to-date economic and 
                technical assumptions, using up-to-date 
                concepts and definitions, and, in lieu of the 
                baseline levels of discretionary 
                appropriations, using the discretionary 
                spending limits set forth in section 601 of the 
                Congressional Budget Act of 1974 as adjusted 
                under section 251.
                    (B) The net deficit increase or decrease 
                caused by all direct spending and receipts 
                legislation enacted after the date of enactment 
                of this section (after adjusting for any 
                sequestration of direct spending accounts) 
                shall be calculated for each fiscal year by 
                adding--
                            (i) the estimates of direct 
                        spending and receipts legislation 
                        transmitted under section 252(d) 
                        applicable to each such fiscal year; 
                        and
                            (ii) the estimated amount of 
                        savings in direct spending programs 
                        applicable to each such fiscal year 
                        resulting from the prior year's 
                        sequestration under this section or 
                        section 252 of direct spending, if any, 
                        as contained in OMB's final 
                        sequestration report for that year.
                    (C) The amount calculated under 
                subparagraph (B) shall be subtracted from the 
                amount calculated under subparagraph (A).
                    (D) The maximum deficit amount set forth in 
                section 601 of the Congressional Budget Act of 
                1974 shall be subtracted from the amount 
                calculated under subparagraph (C).
                    (E) The amount calculated under 
                subparagraph (D) shall be the amount of the 
                adjustment required by paragraph (1).
    (h) Treatment of Deposit Insurance.--
            (1) Initial estimates.--The initial estimates of 
        the net costs of federal deposit insurance for fiscal 
        year 1994 and fiscal year 1995 (assuming full funding 
        of, and continuation of, the deposit insurance 
        guarantee commitment in effect on the date of the 
        submission of the budget for fiscal year 1993) shall be 
        set forth in that budget.
            (2) Reestimates.--For fiscal year 1994 and fiscal 
        year 1995, the amount of the reestimate of deposit 
        insurance costs shall be calculated by subtracting the 
        amount set forth under paragraph (1) for that year from 
        the current estimate of deposit insurance costs (but 
        assuming full funding of, and continuation of, the 
        deposit insurance guarantee commitment in effect on the 
        date of submission of the budget for fiscal year 1993).

 H4  deg.SEC. 254. [2 U.S.C. 904] REPORTS AND ORDERS.

    (a) Timetable.--The timetable with respect to this part for 
any budget year is as follows:

Date:               Action to be completed:
  January 21........Notification regarding optional adjustment of ......
                    maximum deficit amount.
  5 days before the CBO sequestration preview report....................
  The President's buOMB sequestration preview report....................
  August 10.........Notification regarding military personnel...........
  August 15.........CBO sequestration update report.....................
  August 20.........OMB sequestration update report.....................
  10 days after end CBO final sequestration report......................
  15 days after end OMB final sequestration report; Presidential order..

    (b) Submission and Availability of Reports.--Each report 
required by this section shall be submitted, in the case of 
CBO, to the House of Representatives, the Senate and OMB and, 
in the case of OMB, to the House of Representatives, the 
Senate, and the President on the day it is issued. On the 
following day a notice of the report shall be printed in the 
Federal Register.
    (c) Sequestration Preview Reports.\55\ --
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    \55\ The Congressional Budget Office is not required to prepare a 
report under this subsection pursuant to section 104(b) of the Budget 
Control Act of 2011.
---------------------------------------------------------------------------
            (1) Reporting requirement.--On the dates specified 
        in subsection (a), OMB and CBO shall issue a preview 
        report regarding discretionary, pay-as-you-go, and 
        deficit sequestration based on laws enacted through 
        those dates.
            (2) Discretionary sequestration report.--The 
        preview reports shall set forth estimates for the 
        current year and each subsequent year through 2021 of 
        the applicable discretionary spending limits for each 
        category and an explanation of any adjustments in such 
        limits under section 251.
            (3) Pay-as-you-go sequestration reports.--The 
        preview reports shall set forth, for the current year 
        and the budget year, estimates for each of the 
        following:
                    (A) The amount of net deficit increase or 
                decrease, if any, calculated under subsection 
                252(b).
                    (B) A list identifying each law enacted and 
                sequestration implemented after the date of 
                enactment of this section included in the 
                calculation of the amount of deficit increase 
                or decrease and specifying the budgetary effect 
                of each such law.
                    (C) The sequestration percentage or (if the 
                required sequestration percentage is greater 
                than the maximum allowable percentage for 
                medicare) percentages necessary to eliminate a 
                deficit increase under section 252(c).
            (4) Deficit sequestration reports.--The preview 
        reports shall set forth for the budget year estimates 
        for each of the following:
                    (A) The maximum deficit amount, the 
                estimated deficit calculated under section 
                253(b), the excess deficit, and the margin.
                    (B) The amount of reductions required under 
                section 252, the excess deficit remaining after 
                those reductions have been made, and the amount 
                of reductions required from defense accounts 
                and the reductions required from non-defense 
                accounts.
                    (C) The sequestration percentage necessary 
                to achieve the required reduction in defense 
                accounts under section 253(d).
                    (D) The reductions required under sections 
                253(e)(1) and 253(e)(2).
                    (E) The sequestration percentage necessary 
                to achieve the required reduction in non-
                defense accounts under section 253(e)(3).
        The CBO report need not set forth the items other than 
        the maximum deficit amount for fiscal year 1992, 1993, 
        or any fiscal year for which the President notifies the 
        House of Representatives and the Senate that he will 
        adjust the maximum deficit amount under the option 
        under section 253(g)(1)(B).
            (5) Explanation of differences.--The OMB reports 
        shall explain the differences between OMB and CBO 
        estimates for each item set forth in this subsection.
    (d) Notification Regarding Military Personnel.--On or 
before the date specified in subsection (a), the President 
shall notify the Congress of the manner in which he intends to 
exercise flexibility with respect to military personnel 
accounts under section 255(f).
    (e) Sequestration Update Reports.--On the dates specified 
in subsection (a), OMB and CBO shall issue a sequestration 
update report, reflecting laws enacted through those dates, 
containing all of the information required in the sequestration 
preview reports. This report shall also contain a preview 
estimate of the adjustment for disaster funding for the 
upcoming fiscal year.
    (f) Final Sequestration Reports.\56\ --
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    \56\ The Congressional Budget Office is not required to prepare a 
report under this subsection pursuant to section 104(b) of the Budget 
Control Act of 2011.
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            (1) Reporting requirement.--On the dates specified 
        in subsection (a), OMB and CBO shall issue a final 
        sequestration report, updated to reflect laws enacted 
        through those dates.
            (2) Discretionary sequestration reports.--The final 
        reports shall set forth estimates for each of the 
        following:
                    (A) For the current year and each 
                subsequent year through 2021 the applicable 
                discretionary spending limits for each category 
                and an explanation of any adjustments in such 
                limits under section 251, including a final 
                estimate of the adjustment for disaster 
                funding.
                    (B) For the current year and the budget 
                year the estimated new budget authority and 
                outlays for each category and the breach, if 
                any, in each category.
                    (C) For each category for which a 
                sequestration is required, the sequestration 
                percentages necessary to achieve the required 
                reduction.
                    (D) For the budget year, for each account 
                to be sequestered, estimates of the baseline 
                level of sequesterable budgetary resources and 
                resulting outlays and the amount of budgetary 
                resources to be sequestered and resulting 
                outlay reductions.
            (3) Pay-as-you-go and deficit sequestration 
        reports.--The final reports shall contain all the 
        information required in the pay-as-you-go and deficit 
        sequestration preview reports. In addition, these 
        reports shall contain, for the budget year, for each 
        account to be sequestered, estimates of the baseline 
        level of sequestrable budgetary resources and resulting 
        outlays and the amount of budgetary resources to be 
        sequestered and resulting outlay reductions. The 
        reports shall also contain estimates of the effects on 
        outlays of the sequestration in each outyear for direct 
        spending programs.
            (4) Explanation of differences.--The OMB report 
        shall explain any differences between OMB and CBO 
        estimates of the amount of any net deficit change 
        calculated under subsection 252(b), any excess deficit, 
        any breach, and any required sequestration percentage. 
        The OMB report shall also explain differences in the 
        amount of sequesterable resources for any budget 
        account to be reduced if such difference is greater 
        than $5,000,000.
            (5) Presidential order.--On the date specified in 
        subsection (a), if in its final sequestration report 
        OMB estimates that any sequestration is required, the 
        President shall issue an order fully implementing 
        without change all sequestrations required by the OMB 
        calculations set forth in that report. This order shall 
        be effective on issuance.
    (g) Within-Session Sequestration Reports and Order.--If an 
appropriation for a fiscal year in progress is enacted (after 
Congress adjourns to end the session for that budget year and 
before July 1 of that fiscal year) that causes a breach, 10 
days later CBO shall issue a report containing the information 
required in paragraph (f)(2). Fifteen days after enactment, OMB 
shall issue a report containing the information required in 
paragraphs (f)(2) and (f)(4). On the same day as the OMB 
report, the President shall issue an order fully implementing 
without change all sequestrations required by the OMB 
calculations set forth in that report. This order shall be 
effective on issuance.
    (h) GAO Compliance Report.--Upon request of the Committee 
on the Budget of the House of Representatives or the Senate, 
the Comptroller General shall submit to the Congress and the 
President a report on--
            (1) the extent to which each order issued by the 
        President under this section complies with all of the 
        requirements contained in this part, either certifying 
        that the order fully and accurately complies with such 
        requirements or indicating the respects in which it 
        does not; and
            (2) the extent to which each report issued by OMB 
        or CBO under this section complies with all of the 
        requirements contained in this part, either certifying 
        that the report fully and accurately complies with such 
        requirements or indicating the respects in which it 
        does not.
    (i) Low-Growth Report.\57\--At any time, CBO shall notify 
the Congress if--
---------------------------------------------------------------------------
    \57\ The Congressional Budget Office is not required to prepare a 
report under this subsection pursuant to section 104(b) of the Budget 
Control Act of 2011.
---------------------------------------------------------------------------
            (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 quarter is less than one 
        percent.
    (j) Economic and Technical Assumptions.--In all reports 
required by this section, OMB shall use the same economic and 
technical assumptions as used in the most recent budget 
submitted by the President under section 1105(a) of title 31, 
United States Code.

SEC. 255. [2 U.S.C. 905] EXEMPT PROGRAMS AND ACTIVITIES.\58\

    (a) Social Security Benefits and Tier I Railroad Retirement 
Benefits.--Benefits payable under the old-age, survivors, and 
disability insurance program established under title II of the 
Social Security Act (42 U.S.C. 401 et seq.), and benefits 
payable under section 231b(a), 231b(f)(2), 231c(a), and 231c(f) 
of title 45 United States Code \59\, shall be exempt from 
reduction under any order issued under this part.
---------------------------------------------------------------------------
    \58\ Section 255 also applies to any sequestration ordered pursuant 
to the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139). See 
page 143.
    \59\ The reference to sections of title 45, United States Code in 
section 255(a) should be a reference to sections 3 and 4 of the 
Railroad Retirement Act of 1937 (45 U.S.C. 231 et seq.).
---------------------------------------------------------------------------
    (b) Veterans Programs.--The following programs shall be 
exempt from reduction under any order issued under this part:
            All programs administered by the Department of 
        Veterans Affairs.
            Special Benefits for Certain World War II Veterans 
        (28-0401-0-1-701).
    (c) Net Interest.--No reduction of payments for net 
interest (all of major functional category 900) shall be made 
under any order issued under this part.
    (d) Refundable Income Tax Credits.--Payments to individuals 
made pursuant to provisions of the Internal Revenue Code of 
1986 establishing refundable tax credits shall be exempt from 
reduction under any order issued under this part.
    (e) Non-defense Unobligated Balances.--Unobligated balances 
of budget authority carried over from prior fiscal years, 
except balances in the defense category, shall be exempt from 
reduction under any order issued under this part.
    (f) Optional Exemption of Military Personnel.--
            (1) In general.--The President may, with respect to 
        any military personnel account, exempt that account 
        from sequestration or provide for a lower uniform 
        percentage reduction than would otherwise apply.
            (2) Limitation.--The President may not use the 
        authority provided by paragraph (1) unless the 
        President notifies the Congress of the manner in which 
        such authority will be exercised on or before the date 
        specified in section 254(a) for the budget year.
    (g) Other Programs and Activities.--
            (1)(A) The following budget accounts and activities 
        shall be exempt from reduction under any order issued 
        under this part:
                    Activities resulting from private 
                donations, bequests, or voluntary contributions 
                to the Government.
                    Activities financed by voluntary payments 
                to the Government for goods or services to be 
                provided for such payments.
                    Administration of Territories, Northern 
                Mariana Islands Covenant grants (14-0412-0-1-
                808).
                    Advances to the Unemployment Trust Fund and 
                Other Funds (16-0327-0-1-600).
                    Black Lung Disability Trust Fund 
                Refinancing (16-0329-0-1-601).
                    Bonneville Power Administration Fund and 
                borrowing authority established pursuant to 
                section 13 of Public Law 93-454 (1974), as 
                amended (89-4045-0-3-271).
                    Claims, Judgments, and Relief Acts (20-
                1895-0-1-808).
                    Compact of Free Association (14-0415-0-1-
                808).
                    Compensation of the President (11-0209-01-
                1-802).
                    Comptroller of the Currency, Assessment 
                Funds (20-8413-0-8-373).
                    Continuing Fund, Southeastern Power 
                Administration (89-5653-0-2-271).
                    Continuing Fund, Southwestern Power 
                Administration (89-5649-0-2-271).
                    Dual Benefits Payments Account (60-0111-0-
                1-601).
                    Emergency Fund, Western Area Power 
                Administration (89-5069-0-2-271).
                    Exchange Stabilization Fund (20-4444-0-3-
                155).
                    Farm Credit Administration Operating 
                Expenses Fund (78-4131-0-3-351).
                    Farm Credit System Insurance Corporation, 
                Farm Credit Insurance Fund (78-4171-0-3-351).
                    Federal Deposit Insurance Corporation, 
                Deposit Insurance Fund (51-4596-0-4-373).
                    Federal Deposit Insurance Corporation, 
                FSLIC Resolution Fund (51-4065-0-3-373).
                    Federal Deposit Insurance Corporation, 
                Noninterest Bearing Transaction Account 
                Guarantee (51-4458-0-3-373).
                    Federal Deposit Insurance Corporation, 
                Senior Unsecured Debt Guarantee (51-4457-0-3-
                373).
                    Federal Home Loan Mortgage Corporation 
                (Freddie Mac).
                    Federal Housing Finance Agency, 
                Administrative Expenses (95-5532-0-2-371).
                    Federal National Mortgage Corporation 
                (Fannie Mae).
                    Federal Payment to the District of Columbia 
                Judicial Retirement and Survivors Annuity Fund 
                (20-1713-0-1-752).
                    Federal Payment to the District of Columbia 
                Pension Fund (20-1714-0-1-601).
                    Federal Payments to the Railroad Retirement 
                Accounts (60-0113-0-1-601).
                    Federal Reserve Bank Reimbursement Fund 
                (20-1884-0-1-803).
                    Financial Agent Services (20-1802-0-1-803).
                    Foreign Military Sales Trust Fund (11-8242-
                0-7-155).
                    Hazardous Waste Management, Conservation 
                Reserve Program (12-4336-0-3-999).
                    Host Nation Support Fund for Relocation 
                (97-8337-0-7-051).
                    Internal Revenue Collections for Puerto 
                Rico (20-5737-0-2-806).
                    Intragovernmental funds, including those 
                from which the outlays are derived primarily 
                from resources paid in from other government 
                accounts, except to the extent such funds are 
                augmented by direct appropriations for the 
                fiscal year during which an order is in effect.
                    Medical Facilities Guarantee and Loan Fund 
                (75-9931-0-3-551).
                    National Credit Union Administration, 
                Central Liquidity Facility (25-4470-0-3-373).
                    National Credit Union Administration, 
                Corporate Credit Union Share Guarantee Program 
                (25-4476-0-3-376).
                    National Credit Union Administration, 
                Credit Union Homeowners Affordability Relief 
                Program (25-4473-0-3-371).
                    National Credit Union Administration, 
                Credit Union Share Insurance Fund (25-4468-0-3-
                373).
                    National Credit Union Administration, 
                Credit Union System Investment Program (25-
                4474-0-3-376).
                    National Credit Union Administration, 
                Operating fund (25-4056-0-3-373).
                    National Credit Union Administration, Share 
                Insurance Fund Corporate Debt Guarantee Program 
                (25-4469-0-3-376).
                    National Credit Union Administration, U.S. 
                Central Federal Credit Union Capital Program 
                (25-4475-0-3-376).
                    Office of Thrift Supervision (20-4108-0-3-
                373).
                    Panama Canal Commission Compensation Fund 
                (16-5155-0-2-602).
                    Payment of Vietnam and USS Pueblo prisoner-
                of-war claims within the Salaries and Expenses, 
                Foreign Claims Settlement account (15-0100-0-1-
                153).
                    Payment to Civil Service Retirement and 
                Disability Fund (24-0200-0-1-805).
                    Payment to Department of Defense Medicare-
                Eligible Retiree Health Care Fund (97-0850-0-1-
                054).
                    Payment to Judiciary Trust Funds (10-0941-
                0-1-752).
                    Payment to Military Retirement Fund (97-
                0040-0-1-054).
                    Payment to the Foreign Service Retirement 
                and Disability Fund (19-0540-0-1-153).
                    Payments to Copyright Owners (03-5175-0-2-
                376).
                    Payments to Health Care Trust Funds (75-
                0580-0-1-571).
                    Payment to Radiation Exposure Compensation 
                Trust Fund (15-0333-0-1-054).
                    Payments to Social Security Trust Funds 
                (28-0404-0-1-651).
                    Payments to the United States Territories, 
                Fiscal Assistance (14-0418-0-1-806).
                    Payments to trust funds from excise taxes 
                or other receipts properly creditable to such 
                trust funds.
                    Payments to widows and heirs of deceased 
                Members of Congress (00-0215-0-1-801).
                    Postal Service Fund (18-4020-0-3-372).
                    Radiation Exposure Compensation Trust Fund 
                (15-8116-0-1-054).
                    Reimbursement to Federal Reserve Banks (20-
                0562-0-1-803).
                    Salaries of Article III judges.
                    Soldiers and Airmen's Home, payment of 
                claims (84-8930-0-7-705).
                    Tennessee Valley Authority Fund, except 
                nonpower programs and activities (64-4110-0-3-
                999).
                    Tribal and Indian trust accounts within the 
                Department of the Interior which fund prior 
                legal obligations of the Government or which 
                are established pursuant to Acts of Congress 
                regarding Federal management of tribal real 
                property or other fiduciary responsibilities, 
                including but not limited to Tribal Special 
                Fund (14-5265-0-2-452), Tribal Trust Fund (14-
                8030-0-7-452), White Earth Settlement (14-2204-
                0-1-452), and Indian Water Rights and Habitat 
                Acquisition (14-5505-0-2-303).
                    United Mine Workers of America 1992 Benefit 
                Plan (95-8260-0-7-551).
                    United Mine Workers of America 1993 Benefit 
                Plan (95-8535-0-7-551).
                    United Mine Workers of America Combined 
                Benefit Fund (95-8295-0-7-551).
                    United States Enrichment Corporation Fund 
                (95-4054-0-3-271).
                    Universal Service Fund (27-5183-0-2-376).
                    Vaccine Injury Compensation (75-0320-0-1-
                551).
                    Vaccine Injury Compensation Program Trust 
                Fund (20-8175-0-7-551).
            (B) The following Federal retirement and disability 
        accounts and activities shall be exempt from reduction 
        under any order issued under this part:
                    Black Lung Disability Trust Fund (20-8144-
                0-7-601).
                    Central Intelligence Agency Retirement and 
                Disability System Fund (56-3400-0-1-054).
                    Civil Service Retirement and Disability 
                Fund (24-8135-0-7-602).
                    Comptrollers general retirement system (05-
                0107-0-1-801).
                    Contributions to U.S. Park Police annuity 
                benefits, Other Permanent Appropriations (14-
                9924-0-2-303).
                    Court of Appeals for Veterans Claims 
                Retirement Fund (95-8290-0-7-705).
                    Department of Defense Medicare-Eligible 
                Retiree Health Care Fund (97-5472-0-2-551).
                    District of Columbia Federal Pension Fund 
                (20-5511-0-2-601).
                    District of Columbia Judicial Retirement 
                and Survivors Annuity Fund (20-8212-0-7-602).
                    Energy Employees Occupational Illness 
                Compensation Fund (16-1523-0-1-053).
                    Foreign National Employees Separation Pay 
                (97-8165-0-7-051).
                    Foreign Service National Defined 
                Contributions Retirement Fund (19-5497-0-2-
                602).
                    Foreign Service National Separation 
                Liability Trust Fund (19-8340-0-7-602).
                    Foreign Service Retirement and Disability 
                Fund (19-8186-0-7-602).
                    Government Payment for Annuitants, 
                Employees Health Benefits (24-0206-0-1-551).
                    Government Payment for Annuitants, Employee 
                Life Insurance (24-0500-0-1-602).
                    Judicial Officers' Retirement Fund (10-
                8122-0-7-602).
                    Judicial Survivors' Annuities Fund (10-
                8110-0-7-602).
                    Military Retirement Fund (97-8097-0-7-602).
                    National Railroad Retirement Investment 
                Trust (60-8118-0-7-601).
                    National Oceanic and Atmospheric 
                Administration retirement (13-1450-0-1-306).
                    Pensions for former Presidents (47-0105-0-
                1-802).
                    Postal Service Retiree Health Benefits Fund 
                (24-5391-0-2-551).
                    Public Safety Officer Benefits (15-0403-0-
                1-754).
                    Rail Industry Pension Fund (60-8011-0-7-
                601).
                    Retired Pay, Coast Guard (70-0602-0-1-403).
                    Retirement Pay and Medical Benefits for 
                Commissioned Officers, Public Health Service 
                (75-0379-0-1-551).
                    Special Benefits for Disabled Coal Miners 
                (16-0169-0-1-601).
                    Special Benefits, Federal Employees' 
                Compensation Act (16-1521-0-1-600).
                    Special Workers Compensation Expenses (16-
                9971-0-7-601).
                    Tax Court Judges Survivors Annuity Fund 
                (23-8115-0-7-602).
                    United States Court of Federal Claims 
                Judges' Retirement Fund (10-8124-0-7-602).
                    United States Secret Service, DC Annuity 
                (70-0400-0-1-751).
                    Voluntary Separation Incentive Fund (97-
                8335-0-7-051).
            (2) Prior legal obligations of the Government in 
        the following budget accounts and activities shall be 
        exempt from any order issued under this part:
                    Biomass Energy Development (20-0114-0-1-
                271).
                    Check Forgery Insurance Fund (20-4109-0-3-
                803).
                    Credit liquidating accounts.
                    Credit reestimates.
                    Employees Life Insurance Fund (24-8424-0-8-
                602).
                    Federal Aviation Insurance Revolving Fund 
                (69-4120-0-3-402).
                    Federal Crop Insurance Corporation Fund 
                (12-4085-0-3-351).
                    Federal Emergency Management Agency, 
                National Flood Insurance Fund (58-4236-0-3-
                453).
                    Geothermal resources development fund (89-
                0206-0-1-271).
                    Low-Rent Public Housing--Loans and Other 
                Expenses (86-4098-0-3-604).
                    Maritime Administration, War Risk Insurance 
                Revolving Fund (69-4302-0-3-403).
                    Natural Resource Damage Assessment Fund 
                (14-1618-0-1-302).
                    Overseas Private Investment Corporation, 
                Noncredit Account (71-4184-0-3-151).
                    Pension Benefit Guaranty Corporation Fund 
                (16-4204-0-3-601).
                    San Joaquin Restoration Fund (14-5537-0-2-
                301).
                    Servicemembers' Group Life Insurance Fund 
                (36-4009-0-3-701).
                    Terrorism Insurance Program (20-0123-0-1-
                376).
    (h) Low-income Programs.--The following programs shall be 
exempt from reduction under any order issued under this part:
            Academic Competitiveness/Smart Grant Program (91-
        0205-0-1-502).
            Child Care Entitlement to States (75-1550-0-1-609).
            Child Enrollment Contingency Fund (75-5551-0-2-
        551).
            Child Nutrition Programs (with the exception of 
        special milk programs) (12-3539-0-1-605).
            Children's Health Insurance Fund (75-0515-0-1-551).
            Commodity Supplemental Food Program (12-3507-0-1-
        605).
            Contingency Fund (75-1522-0-1-609).
            Family Support Programs (75-1501-0-1-609).
            Federal Pell Grants under section 401 Title IV of 
        the Higher Education Act.
            Grants to States for Medicaid (75-0512-0-1-551).
            Payments for Foster Care and Permanency (75-1545-0-
        1-609).
            Supplemental Nutrition Assistance Program (12-3505-
        0-1-605).
            Supplemental Security Income Program (28-0406-0-1-
        609).
            Temporary Assistance for Needy Families (75-1552-0-
        1-609).
    (i) Economic Recovery Programs.--The following programs 
shall be exempt from reduction under any order issued under 
this part:
            GSE Preferred Stock Purchase Agreements (20-0125-0-
        1-371).
            Office of Financial Stability (20-0128-0-1-376).
            Special Inspector General for the Troubled Asset 
        Relief Program (20-0133-0-1-376).
    (j) Split Treatment Programs.--Each of the following 
programs shall be exempt from any order under this part to the 
extent that the budgetary resources of such programs are 
subject to obligation limitations in appropriations bills:
    Federal-Aid Highways (69-8083-0-7-401).
    Highway Traffic Safety Grants (69-8020-0-7-401).
    Operations and Research NHTSA and National Driver Register 
(69-8016-0-7-401).
    Motor Carrier Safety Operations and Programs (69-8159-0-7-
401).
    Motor Carrier Safety Grants (69-8158-0-7-401).
    Formula and Bus Grants (69-8350-0-7-401).
    Grants-In-Aid for Airports (69-8106-0-7-402).
    (j) Identification of Programs.--For purposes of 
subsections (b), (g), and (h), each account is identified by 
the designated budget account identification code number set 
forth in the Budget of the United States Government 2010-
Appendix, and an activity within an account is designated by 
the name of the activity and the identification code number of 
the account.

SEC. 256. [2 U.S.C. 906] GENERAL AND SPECIAL SEQUESTRATION RULES.

    (b) Student Loans.--For all student loans under part B or D 
of title IV of the Higher Education Act of 1965 made during the 
period when a sequestration order under section 254 is in 
effect as required by section 252 or 253, origination fees 
under sections 438(c)(2) and (6) and 455(c) and loan processing 
and issuance fees under section 428(f)(1)(A)(ii) of that Act 
shall each be increased by the uniform percentage specified in 
that sequestration order, and, for student loans originated 
during the period of the sequestration, special allowance 
payments under section 438(b) of that Act accruing during the 
period of the sequestration shall be reduced by the uniform 
percentage specified in that sequestration order.
    (d) Special Rules for Medicare Program.--
            (1) Calculation of reduction in payment amounts.--
        To achieve the total percentage reduction in those 
        programs required by section 252 or 253, subject to 
        paragraph (2), and notwithstanding section 710 of the 
        Social Security Act, OMB shall determine, and the 
        applicable Presidential order under section 254 shall 
        implement, the percentage reduction that shall apply, 
        with respect to the health insurance programs under 
        title XVIII of the Social Security Act--
                    (A) in the case of parts A and B of such 
                title, to individual payments for services 
                furnished during the one-year period beginning 
                on the first day of the first month beginning 
                after the date the order is issued (or, if 
                later, the date specified in paragraph (4)); 
                and
                    (B) in the case of parts C and D, to 
                monthly payments under contracts under such 
                parts for the same one-year period;
        such that the reduction made in payments under that 
        order shall achieve the required total percentage 
        reduction in those payments for that period.
            (2) Uniform reduction rate; maximum permissible 
        reduction.--Reductions in payments for programs and 
        activities under such title XVIII pursuant to a 
        sequestration order under section 254 shall be at a 
        uniform rate, which shall not exceed 4 percent, across 
        all such programs and activities subject to such order.
            (3) Timing of application of reductions.--
                    (A) In general.--Except as provided in 
                subparagraph (B), if a reduction is made under 
                paragraph (1) in payment amounts pursuant to a 
                sequestration order, the reduction shall be 
                applied to payment for services furnished 
                during the effective period of the order. For 
                purposes of the previous sentence, in the case 
                of inpatient services furnished for an 
                individual, the services shall be considered to 
                be furnished on the date of the individual's 
                discharge from the inpatient facility.
                    (B) Payment on the basis of cost reporting 
                periods.--In the case in which payment for 
                services of a provider of services is made 
                under title XVIII of the Social Security Act on 
                a basis relating to the reasonable cost 
                incurred for the services during a cost 
                reporting period of the provider, if a 
                reduction is made under paragraph (1) in 
                payment amounts pursuant to a sequestration 
                order, the reduction shall be applied to 
                payment for costs for such services incurred at 
                any time during each cost reporting period of 
                the provider any part of which occurs during 
                the effective period of the order, but only 
                (for each such cost reporting period) in the 
                same proportion as the fraction of the cost 
                reporting period that occurs during the 
                effective period of the order.
            (4) Timing of subsequent sequestration order.--A 
        sequestration order required by section 252 or 253 with 
        respect to programs under such title XVIII shall not 
        take effect until the first month beginning after the 
        end of the effective period of any prior sequestration 
        order with respect to such programs, as determined in 
        accordance with paragraph (1).
            (5) No increase in beneficiary charges in 
        assignment-related cases.--If a reduction in payment 
        amounts is made under paragraph (1) for services for 
        which payment under part B of title XVIII of the Social 
        Security Act is made on the basis of an assignment 
        described in section 1842(b)(3)(B)(ii), in accordance 
        with section 1842(b)(6)(B), or under the procedure 
        described in section 1870(f)(1), of such Act, the 
        person furnishing the services shall be considered to 
        have accepted payment of the reasonable charge for the 
        services, less any reduction in payment amount made 
        pursuant to a sequestration order, as payment in full.
            (6) Sequestration disregarded in computing payment 
        amounts.--The Secretary of Health and Human Services 
        shall not take into account any reductions in payment 
        amounts which have been or may be effected under this 
        part, for purposes of computing any adjustments to 
        payment rates under such title XVIII, specifically 
        including--
                    (A) the part C growth percentage under 
                section 1853(c)(6);
                    (B) the part D annual growth rate under 
                section 1860D-2(b)(6); and
                    (C) application of risk corridors to part D 
                payment rates under section 1860D-15(e).
            (7) Exemptions from sequestration.--In addition to 
        the programs and activities specified in section 255, 
        the following shall be exempt from sequestration under 
        this part:
                    (A) Part d low-income subsidies.--Premium 
                and cost-sharing subsidies under section 1860D-
                14 of the Social Security Act.
                    (B) Part d catastrophic subsidy.--Payments 
                under section 1860D-15(b) and (e)(2)(B) of the 
                Social Security Act.
                    (C) Qualified individual (qi) premiums.--
                Payments to States for coverage of Medicare 
                cost-sharing for certain low-income Medicare 
                beneficiaries under section 1933 of the Social 
                Security Act.
    (e) Community and Migrant Health Centers, Indian Health 
Services and Facilities, and Veterans' Medical Care.--
            (1) The maximum permissible reduction in budget 
        authority for any account listed in paragraph (2) for 
        any fiscal year, pursuant to an order issued under 
        section 254, shall be 2 percent.
            (2) The accounts referred to in paragraph (1) are 
        as follows:
                    (A) Community health centers (75-0350-0-1-
                550).
                    (B) Migrant health centers (75-0350-0-1-
                550).
                    (C) Indian health facilities (75-0391-0-1-
                551).
                    (D) Indian health services (75-0390-0-1-
                551).
                    (E) Veterans' medical care (36-0160-0-1-
                703).
        For purposes of the preceding provisions of this 
        paragraph, programs are identified by the designated 
        budget account identification code numbers set forth in 
        the Budget of the United States Government--Appendix.
    (f) Treatment of Child Support Enforcement Program.--
Notwithstanding any change in the display of budget accounts, 
any order issued by the President under section 254 shall 
accomplish the full amount of any required reduction in 
expenditures under sections 455 and 458 of the Social Security 
Act by reducing the Federal matching rate for State 
administrative costs under such program, as specified (for the 
fiscal year involved) in section 455(a) of such Act, to the 
extent necessary to reduce such expenditures by that amount.
    (g) Federal Pay.--
            (1) In general.--For purposes of any order issued 
        under section 254--
                    (A) Federal pay under a statutory pay 
                system, and
                    (B) elements of military pay,
        shall be subject to reduction under an order in the 
        same manner as other administrative expense components 
        of the Federal budget; except that no such order may 
        reduce or have the effect of reducing the rate of pay 
        to which any individual is entitled under any such 
        statutory pay system (as increased by any amount 
        payable under section 5304 of title 5, United States 
        Code, or section 302 of the Federal Employees Pay 
        Comparability Act of 1990) or the rate of any element 
        of military pay to which any individual is entitled 
        under title 37, United States Code, or any increase in 
        rates of pay which is scheduled to take effect under 
        section 5303 of title 5, United States Code, section 
        1009 of title 37, United States Code, or any other 
        provision of law.
            (2) Definitions.--For purposes of this subsection:
                    (A) The term ``statutory pay system'' shall 
                have the meaning given that term in section 
                5302(1) of title 5, United States Code.
                    (B) The term ``elements of military pay'' 
                means--
                            (i) the elements of compensation of 
                        members of the uniformed services 
                        specified in section 1009 of title 37, 
                        United States Code,
                            (ii) allowances provided members of 
                        the uniformed services under sections 
                        403a and 405 of such title, and
                            (iii) cadet pay and midshipman pay 
                        under section 203(c) of such title.
                    (C) The term ``uniformed services'' shall 
                have the meaning given that term in section 
                101(3) of title 37, United States Code.
    (h) Treatment of Federal Administrative Expenses.--
            (1) Notwithstanding any other provision of this 
        title, administrative expenses incurred by the 
        departments and agencies, including independent 
        agencies, of the Federal Government in connection with 
        any program, project, activity, or account shall be 
        subject to reduction pursuant to an order issued under 
        section 254, without regard to any exemption, 
        exception, limitation, or special rule which is 
        otherwise applicable with respect to such program, 
        project, activity, or account under this part.
            (2) Notwithstanding any other provision of law, 
        administrative expenses of any program, project, 
        activity, or account which is self-supporting and does 
        not receive appropriations shall be subject to 
        reduction under a sequester order, unless specifically 
        exempted in this part.
            (3) Payments made by the Federal Government to 
        reimburse or match administrative costs incurred by a 
        State or political subdivision under or in connection 
        with any program, project, activity, or account shall 
        not be considered administrative expenses of the 
        Federal Government for purposes of this section, and 
        shall be subject to reduction or sequestration under 
        this part to the extent (and only to the extent) that 
        other payments made by the Federal Government under or 
        in connection with that program, project, activity, or 
        account are subject to such reduction or sequestration; 
        except that Federal payments made to a State as 
        reimbursement of administrative costs incurred by such 
        State under or in connection with the unemployment 
        compensation programs specified in subsection (h)(1) 
        shall be subject to reduction or sequestration under 
        this part notwithstanding the exemption otherwise 
        granted to such programs under that subsection.
            (4) Notwithstanding any other provision of law, 
        this subsection shall not apply with respect to the 
        following:
                    (A) Comptroller of the Currency.
                    (B) Federal Deposit Insurance Corporation.
                    (C) Office of Thrift Supervision.
                    (D) National Credit Union Administration.
                    (E) National Credit Union Administration, 
                central liquidity facility.
                    (F) Federal Retirement Thrift Investment 
                Board.
                    (G) Resolution Trust Corporation.
                    (H) Farm Credit Administration.
    (i) Treatment of Payments and Advances Made With Respect to 
Unemployment Compensation Programs.--
            (1) For purposes of section 254--
                    (A) any amount paid as regular unemployment 
                compensation by a State from its account in the 
                Unemployment Trust Fund (established by section 
                904(a) of the Social Security Act),
                    (B) any advance made to a State from the 
                Federal unemployment account (established by 
                section 904(g) of such Act) under title XII of 
                such Act and any advance appropriated to the 
                Federal unemployment account pursuant to 
                section 1203 of such Act, and
                    (C) any payment made from the Federal 
                Employees Compensation Account (as established 
                under section 909 of such Act) for the purpose 
                of carrying out chapter 85 of title 5, United 
                States Code, and funds appropriated or 
                transferred to or otherwise deposited in such 
                Account,
        shall not be subject to reduction.
            (2)(A) A State may reduce each weekly benefit 
        payment made under the Federal-State Extended 
        Unemployment Compensation Act of 1970 for any week of 
        unemployment occurring during any period with respect 
        to which payments are reduced under an order issued 
        under section 254 by a percentage not to exceed the 
        percentage by which the Federal payment to the State 
        under section 204 of such Act is to be reduced for such 
        week as a result of such order.
                    (B) A reduction by a State in accordance 
                with subparagraph (A) shall not be considered 
                as a failure to fulfill the requirements of 
                section 3304(a)(11) of the Internal Revenue 
                Code of 1954.
    (j) Commodity Credit Corporation.--
            (1) Powers and authorities of the commodity credit 
        corporation.--This title shall not restrict the 
        Commodity Credit Corporation in the discharge of its 
        authority and responsibility as a corporation to buy 
        and sell commodities in world trade, to use the 
        proceeds as a revolving fund to meet other obligations 
        and otherwise operate as a corporation, the purpose for 
        which it was created.
            (2) Reduction in payments made under contracts.--
                    (A) Loan eligibility under any contract 
                entered into with a person by the Commodity 
                Credit Corporation prior to the time an order 
                has been issued under section 254 shall not be 
                reduced by an order subsequently issued. 
                Subject to subparagraph (B), after an order is 
                issued under such section for a fiscal year, 
                any cash payments for loans or loan 
                deficiencies made by the Commodity Credit 
                Corporation shall be subject to reduction under 
                the order.
                    (B) Each loan contract entered into with 
                producers or producer cooperatives with respect 
                to a particular crop of a commodity and subject 
                to reduction under subparagraph (A) shall be 
                reduced in accordance with the same terms and 
                conditions. If some, but not all, contracts 
                applicable to a crop of a commodity have been 
                entered into prior to the issuance of an order 
                under section 254, the order shall provide that 
                the necessary reduction in payments under 
                contracts applicable to the commodity be 
                uniformly applied to all contracts for the next 
                succeeding crop of the commodity, under the 
                authority provided in paragraph (3).
            (3) Delayed reduction in outlays permissible.--
        Notwithstanding any other provision of this title, if 
        an order under section 254 is issued with respect to a 
        fiscal year, any reduction under the order applicable 
        to contracts described in paragraph (1) may provide for 
        reductions in outlays for the account involved to occur 
        in the fiscal year following the fiscal year to which 
        the order applies.
            (4) Uniform percentage rate of reduction and other 
        limitations.--All reductions described in paragraph (2) 
        which are required to be made in connection with an 
        order issued under section 254 with respect to a fiscal 
        year shall be made so as to ensure that outlays for 
        each program, project, activity, or account involved 
        are reduced by a percentage rate that is uniform for 
        all such programs, projects, activities, and accounts, 
        and may not be made so as to achieve a percentage rate 
        of reduction in any such item exceeding the rate 
        specified in the order.
            (5) Dairy program.--Notwithstanding any other 
        provision of this subsection, as the sole means of 
        achieving any reduction in outlays under the milk price 
        support program, the Secretary of Agriculture shall 
        provide for a reduction to be made in the price 
        received by producers for all milk produced in the 
        United States and marketed by producers for commercial 
        use. That price reduction (measured in cents per 
        hundred weight of milk marketed) shall occur under 
        section 201(d)(2)(A) of the Agricultural Act of 1949 (7 
        U.S.C. 1446(d)(2)(A)), shall begin on the day any 
        sequestration order is issued under section 254, and 
        shall not exceed the aggregate amount of the reduction 
        in outlays under the milk price support program that 
        otherwise would have been achieved by reducing payments 
        for the purchase of milk or the products of milk under 
        this subsection during the applicable fiscal year.
            (6) Certain authority not to be limited.--Nothing 
        in this joint resolution shall limit or reduce, in any 
        way, any appropriation that provides the Commodity 
        Credit Corporation with budget authority to cover the 
        Corporation's net realized losses.
    (k) Effects of Sequestration.--The effects of sequestration 
shall be as follows:
            (1) Budgetary resources sequestered from any 
        account shall be permanently cancelled, except as 
        provided in paragraph (6).
            (2) Except as otherwise provided, the same 
        percentage sequestration shall apply to all programs, 
        projects, and activities within a budget account (with 
        programs, projects, and activities as delineated in the 
        appropriation Act or accompanying report for the 
        relevant fiscal year covering that account, or for 
        accounts not included in appropriation Acts, as 
        delineated in the most recently submitted President's 
        budget).
            (3) Administrative regulations or similar actions 
        implementing a sequestration shall be made within 120 
        days of the sequestration order. To the extent that 
        formula allocations differ at different levels of 
        budgetary resources within an account, program, 
        project, or activity, the sequestration shall be 
        interpreted as producing a lower total appropriation, 
        with the remaining amount of the appropriation being 
        obligated in a manner consistent with program 
        allocation formulas in substantive law.
            (4) Except as otherwise provided, obligations in 
        sequestered accounts shall be reduced only in the 
        fiscal year in which a sequester occurs.
            (5) If an automatic spending increase is 
        sequestered, the increase (in the applicable index) 
        that was disregarded as a result of that sequestration 
        shall not be taken into account in any subsequent 
        fiscal year.
            (6) Budgetary resources sequestered in revolving, 
        trust, and special fund accounts and offsetting 
        collections sequestered in appropriation accounts shall 
        not be available for obligation during the fiscal year 
        in which the sequestration occurs, but shall be 
        available in subsequent years to the extent otherwise 
        provided in law.

 H4  deg.SEC. 257. [2 U.S.C. 907] THE BASELINE.

    (a) In General.--For any budget year, the baseline refers 
to a projection of current-year levels of new budget authority, 
outlays, revenues, and the surplus or deficit into the budget 
year and the outyears based on laws enacted through the 
applicable date.
    (b) Direct Spending and Receipts.--For the budget year and 
each outyear, the baseline shall be calculated using the 
following assumptions:
            (1) In general.--Laws providing or creating direct 
        spending and receipts are assumed to operate in the 
        manner specified in those laws for each such year and 
        funding for entitlement authority is assumed to be 
        adequate to make all payments required by those laws.
            (2) Exceptions.--
                    (A)(i) No program established by a law 
                enacted on or before the date of enactment of 
                the Balanced Budget Act of 1997 with estimated 
                current year outlays greater than $50,000,000 
                shall be assumed to expire in the budget year 
                or the outyears. The scoring of new programs 
                with estimated outlays greater than $50,000,000 
                a year shall be based on scoring by the 
                Committees on Budget or OMB, as applicable. 
                OMB, CBO, and the Budget Committees shall 
                consult on the scoring of such programs where 
                there are differenes between CBO and OMB.
                            (ii) On the expiration of the 
                        suspension of a provision of law that 
                        is suspended under section 171 of 
                        Public Law 104-127 and that authorizes 
                        a program with estimated fiscal year 
                        outlays that are greater than 
                        $50,000,000, for purposes of clause 
                        (i), the program shall be assumed to 
                        continue to operate in the same manner 
                        as the program operated immediately 
                        before the expiration of the 
                        suspension.
                    (B) The increase for veterans' compensation 
                for a fiscal year is assumed to be the same as 
                that required by law for veterans' pensions 
                unless otherwise provided by law enacted in 
                that session.
                    (C) Excise taxes dedicated to a trust fund, 
                if expiring, are assumed to be extended at 
                current rates.
                    (D) If any law expires before the budget 
                year or any outyear, then any program with 
                estimated current year outlays greater than 
                $50,000,000 that operates under that law shall 
                be assumed to continue to operate under that 
                law as in effect immediately before its 
                expiration.
            (3) Hospital insurance trust fund.--Notwithstanding 
        any other provision of law, the receipts and 
        disbursements of the Hospital Insurance Trust Fund 
        shall be included in all calculations required by this 
        Act.
    (c) Discretionary Appropriations.--For the budget year and 
each outyear, the baseline shall be calculated using the 
following assumptions regarding all amounts other than those 
covered by subsection (b):
            (1) Inflation of current-year appropriations.--
        Budgetary resources other than unobligated balances 
        shall be at the level provided for the budget year in 
        full-year appropriation Acts. If for any account a 
        full-year appropriation has not yet been enacted, 
        budgetary resources other than unobligated balances 
        shall be at the level available in the current year, 
        adjusted sequentially and cumulatively for expiring 
        housing contracts as specified in paragraph (2), for 
        social insurance administrative expenses as specified 
        in paragraph (3), to offset pay absorption and for pay 
        annualization as specified in paragraph (4), for 
        inflation as specified in paragraph (5), and to account 
        for changes required by law in the level of agency 
        payments for personnel benefits other than pay.
            (2) Expiring housing contracts.--New budget 
        authority to renew expiring multiyear subsidized 
        housing contracts shall be adjusted to reflect the 
        difference in the number of such contracts that are 
        scheduled to expire in that fiscal year and the number 
        expiring in the current year, with the per-contract 
        renewal cost equal to the average current-year cost of 
        renewal contracts.
            (3) Social insurance administrative expenses.--
        Budgetary resources for the administrative expenses of 
        the following trust funds shall be adjusted by the 
        percentage change in the beneficiary population from 
        the current year to that fiscal year: the Federal 
        Hospital Insurance Trust Fund, the Supplementary 
        Medical Insurance Trust Fund, the Unemployment Trust 
        Fund, and the railroad retirement account.
            (4) Pay annualization; offset to pay absorption.--
        Current-year new budget authority for Federal employees 
        shall be adjusted to reflect the full 12-month costs 
        (without absorption) of any pay adjustment that 
        occurred in that fiscal year.
            (5) Inflators.--The inflator used in paragraph (1) 
        to adjust budgetary resources relating to personnel 
        shall be the percent by which the average of the Bureau 
        of Labor Statistics Employment Cost Index (wages and 
        salaries, private industry workers) for that fiscal 
        year differs from such index for the current year. The 
        inflator used in paragraph (1) to adjust all other 
        budgetary resources shall be the percent by which the 
        average of the estimated gross domestic product chain-
        type price index for that fiscal year differs from the 
        average of such estimated index for the current year.
            (6) Current-year appropriations.--If, for any 
        account, a continuing appropriation is in effect for 
        less than the entire current year, then the current-
        year amount shall be assumed to equal the amount that 
        would be available if that continuing appropriation 
        covered the entire fiscal year. If law permits the 
        transfer of budget authority among budget accounts in 
        the current year, the current-year level for an account 
        shall reflect transfers accomplished by the submission 
        of, or assumed for the current year in, the President's 
        original budget for the budget year.
    (d) Up-to-Date Concepts.--In deriving the baseline for any 
budget year or outyear, current-year amounts shall be 
calculated using the concepts and definitions that are required 
for that budget year.
    (e) Asset Sales.--Amounts realized from the sale of an 
asset shall not be included in estimates under section 251, 
252, or 253 if that sale would result in a financial cost to 
the Federal Government as determined pursuant to scorekeeping 
guidelines.

 H4  deg.SEC. 258. [2 U.S.C. 907A] SUSPENSION IN THE EVENT OF 
                    WAR OR LOW GROWTH.\60\

    (a) Procedures in the Event of a Low Growth Report.--
---------------------------------------------------------------------------
    \60\ The Congressional Budget Office is not required to prepare a 
report under this section pursuant to section 104(b) of the Budget 
Control Act of 2011.
---------------------------------------------------------------------------
            (1) Trigger.--Whenever CBO issues a low-growth 
        report under section 254(j), 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(j) 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 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, 
                certified, and transmitted to the other House 
                of the Congress as soon as practicable.
                    (B)(i) In the Senate, a joint resolution 
                under this paragraph shall be privileged. It 
                shall not be in order to move to reconsider the 
                vote by which the motion is agreed to or 
                disagreed to.
                            (ii) Debate in the Senate on a 
                        joint resolution under this paragraph, 
                        and all debatable motions and appeals 
                        in connection therewith, shall be 
                        limited to not more than five hours. 
                        The time shall be equally divided 
                        between, and controlled by, the 
                        majority leader and the minority leader 
                        or their designees.
                            (iii) Debate in the Senate on any 
                        debatable motion or appeal in 
                        connection with a joint resolution 
                        under this paragraph shall be limited 
                        to not more than one hour, to be 
                        equally divided between, and controlled 
                        by, the mover and the manager of the 
                        joint resolution, except that in the 
                        event the manager of the joint 
                        resolution is in favor of any such 
                        motion or appeal, the time in 
                        opposition thereto shall be controlled 
                        by the minority leader or his designee.
                            (iv) A motion in the Senate to 
                        further limit debate on a joint 
                        resolution under this paragraph is not 
                        debatable. A motion to table or to 
                        recommit a joint resolution under this 
                        paragraph is not in order.
                    (C) No amendment to a joint resolution 
                considered under this paragraph shall be in 
                order in the Senate.
    (b) Suspension of Sequestration Procedures.--Upon the 
enactment of a declaration of war--
            (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.
            (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.

 H4  deg.SEC. 258A. [2 U.S.C. 907B] MODIFICATION OF 
                    PRESIDENTIAL ORDER.

    (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.--
            (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 the 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 the 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 254 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 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.

 H4  deg.SEC. 258B. [2 U.S.C. 907C] FLEXIBILITY AMONG DEFENSE 
                    PROGRAMS, PROJECTS, AND ACTIVITIES.

    (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.
    (e)(1) The matter after the resolving clause in any joint 
resolution introduced pursuant to subsection (d) shall be as 
follows: ``That the report of the President as submitted on 
[Insert Date] under section 258B is hereby approved.''.
            (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.
    (f)(1) A joint resolution introduced in the Senate under 
subsection (d) shall be referred to the Committee on 
Appropriations, and if not reported within 5 calendar days 
(excluding Saturdays, Sundays, and legal holidays) from the 
date of introduction shall be considered as having been 
discharged therefrom and shall be placed on the appropriate 
calendar pending disposition of such joint resolution in 
accordance with this subsection. In the Senate, no amendment 
proposed in the Committee on Appropriations shall be in order 
other than an amendment (in the nature of a substitute) that is 
germane or relevant to the provisions of the joint resolution 
or to the order issued under section 254. For purposes of this 
paragraph, an amendment shall be considered to be relevant if 
it relates to function 050 (national defense).
            (2) On or after the third calendar day (excluding 
        Saturdays, Sundays, and legal holidays) beginning after 
        a joint resolution is placed on the Senate calendar, 
        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 
        such joint resolution is placed on the appropriate 
        calendar. The motion is not debatable. 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.
    (g)(1) In the Senate, debate on a joint resolution 
introduced under subsection (d), 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).
            (2) 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. In the Senate, a motion to recommit the joint 
        resolution is not in order.
    (h)(1) No amendment that is not germane or relevant to the 
provisions of the joint resolution or to the order issued under 
section 254 shall be in order in the Senate. For purposes of 
this paragraph, an amendment shall be considered to be relevant 
if it relates to function 050 (national defense). 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.
            (2) 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, so long as 
        the amendment makes or maintains mathematical 
        consistency. 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.
            (3) It shall not be in order in the Senate to 
        consider any amendment to any joint resolution 
        introduced under subsection (d) or any conference 
        report thereon if such amendment or conference report 
        would have the effect of decreasing any specific budget 
        outlay reductions below the level of such outlay 
        reductions provided in such joint resolution unless 
        such amendment or conference report makes a reduction 
        in other specific budget outlays at least equivalent to 
        any increase in outlays provided by such amendment or 
        conference report.
            (4) For purposes of the application of paragraph 
        (3), the level of outlays and specific budget outlay 
        reductions provided in an amendment shall be determined 
        on the basis of estimates made by the Committee on the 
        Budget of the Senate.
    (i) Immediately following the conclusion of the debate on a 
joint resolution introduced under subsection (d), 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 subsection (h), the vote on final 
passage of the joint resolution shall occur.
    (j) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate to the procedure 
relating to a joint resolution described in subsection (d) 
shall be decided without debate.
    (k) In the Senate, points of order under titles III and IV 
of the Congressional Budget Act of 1974 (including points of 
order under sections 302(c), 303(a), 306, and 401(b)(1)) are 
applicable to a conference report on the joint resolution or 
any amendments in disagreement thereto.
    (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.
    (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 House as 
amended by the text of the Senate joint resolution.

 H4  deg.SEC. 258C. [2 U.S.C. 907D] SPECIAL RECONCILIATION 
                    PROCESS.

    (a) Reporting of Resolutions and Reconciliation Bills and 
Resolutions, in the Senate.--
            (1) Committee alternatives to presidential order.--
        After the submission of an OMB sequestration update 
        report under section 254 that envisions a sequestration 
        under section 252 or 253, each standing committee of 
        the Senate may, not later than October 10, submit to 
        the Committee on the Budget of the Senate information 
        of the type described in section 301(d) of the 
        Congressional Budget Act of 1974 with respect to 
        alternatives to the order envisioned by such report 
        insofar as such order affects laws within the 
        jurisdiction of the committee.
            (2) Initial budget committee action.--After the 
        submission of such a report, the Committee on the 
        Budget of the Senate may, not later than October 15, 
        report to the Senate a resolution. The resolution may 
        affirm the impact of the order envisioned by such 
        report, in whole or in part. To the extent that any 
        part is not affirmed, the resolution shall state which 
        parts are not affirmed and shall contain instructions 
        to committees of the Senate of the type referred to in 
        section 310(a) of the Congressional Budget Act of 1974, 
        sufficient to achieve at least the total level of 
        deficit reduction contained in those sections which are 
        not affirmed.
            (3) Response of committees.--Committees instructed 
        pursuant to paragraph (2), or affected thereby, shall 
        submit their responses to the Budget Committee no later 
        than 10 days after the resolution referred to in 
        paragraph (2) is agreed to, except that if only one 
        such Committee is so instructed such Committee shall, 
        by the same date, report to the Senate a reconciliation 
        bill or reconciliation resolution containing its 
        recommendations in response to such instructions. A 
        committee shall be considered to have complied with all 
        instructions to it pursuant to a resolution adopted 
        under paragraph (2) if it has made recommendations with 
        respect to matters within its jurisdiction which would 
        result in a reduction in the deficit at least equal to 
        the total reduction directed by such instructions.
            (4) Budget committee action.--Upon receipt of the 
        recommendations received in response to a resolution 
        referred to in paragraph (2), the Budget Committee 
        shall report to the Senate a reconciliation bill or 
        reconciliation resolution, or both, carrying out all 
        such recommendations without any substantive revisions. 
        In the event that a committee instructed in a 
        resolution referred to in paragraph (2) fails to submit 
        any recommendation (or, when only one committee is 
        instructed, fails to report a reconciliation bill or 
        resolution) in response to such instructions, the 
        Budget Committee shall include in the reconciliation 
        bill or reconciliation resolution reported pursuant to 
        this subparagraph legislative language within the 
        jurisdiction of the noncomplying committee to achieve 
        the amount of deficit reduction directed in such 
        instructions.
            (5) Point of order.--It shall not be in order in 
        the Senate to consider any reconciliation bill or 
        reconciliation resolution reported under paragraph (4) 
        with respect to a fiscal year, any amendment thereto, 
        or any conference report thereon 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 amount of the deficit for such fiscal 
        year to exceed the maximum deficit amount for such 
        fiscal year, unless the low-growth report submitted 
        under section 254 projects negative real economic 
        growth for such fiscal year, or for each of any two 
        consecutive quarters during such fiscal year.
            (6) Treatment of certain amendments.--In the 
        Senate, an amendment which adds to a resolution 
        reported under paragraph (2) an instruction of the type 
        referred to in such paragraph shall be in order during 
        the consideration of such resolution if such amendment 
        would be in order but for the fact that it would be 
        held to be non-germane on the basis that the 
        instruction constitutes new matter.
            (7) Definition.--For purposes of paragraphs (1), 
        (2), and (3), the term ``day'' shall mean any calendar 
        day on which the Senate is in session.
    (b) Procedures.--
            (1) In general.--Except as provided in paragraph 
        (2), in the Senate the provisions of sections 305 and 
        310 of the Congressional Budget Act of 1974 for the 
        consideration of concurrent resolutions on the budget 
        and conference reports thereon shall also apply to the 
        consideration of resolutions, and reconciliation bills 
        and reconciliation resolutions reported under this 
        paragraph and conference reports thereon.
            (2) Limit on debate.--Debate in the Senate on any 
        resolution reported pursuant to subsection (a)(2), and 
        all amendments thereto and debatable motions and 
        appeals in connection therewith, shall be limited to 10 
        hours.
            (3) Limitation on amendments.--Section 310(d)(2) of 
        the Congressional Budget Act shall apply to 
        reconciliation bills and reconciliation resolutions 
        reported under this subsection.
            (4) Bills and resolutions received from the 
        house.--Any bill or resolution received in the Senate 
        from the House, which is a companion to a 
        reconciliation bill or reconciliation resolution of the 
        Senate for the purposes of this subsection, shall be 
        considered in the Senate pursuant to the provisions of 
        this subsection.
            (5) Definition.--For purposes of this subsection, 
        the term ``resolution'' means a simple, joint, or 
        concurrent resolution.

                     PART D--BUDGETARY TREATMENT OF
                            SOCIAL SECURITY

SEC 261. TREATMENT OF TRUST FUNDS.\61\

    [Omitted]
---------------------------------------------------------------------------
    \61\ Section 13301 of the Budget Enforcement Act of 1990 amended 
the language in this section as enacted.
---------------------------------------------------------------------------

              PART E--MISCELLANEOUS AND RELATED PROVISIONS

SEC. 271. WAIVERS AND SUSPENSIONS; RULEMAKING POWERS.

    [Omitted]

SEC. 272. RESTORATION OF TRUST FUND INVESTMENTS.

    [Omitted]

SEC. 273. [2 U.S.C. 922] REVENUE ESTIMATES.

    [Transferred]\62\
---------------------------------------------------------------------------
    \62\ Section, Public Law 99-177, title II, Sec. 273, Dec. 12, 1985, 
99 Stat. 1098, which related to revenue estimates, was redesignated as 
Section 201(g) of Pub. L. 93-344 by section 13202(b) of Public Law 101-
508 and is classified to section 601(f) of this title. Section 13202(b) 
of the Budget Enforcement Act of 1990 transferred the text of what used 
to be section 273 of the Balanced Budget and Emergency Deficit Control 
Act of 1985 to section 301 of the Congressional Budget Act of 1974. 
Before enactment of the Budget Control Act of 1990, section 273 read as 
follows:
---------------------------------------------------------------------------
      For the purposes of revenue legislation which is income, 
      estate and gift, excise, and payroll taxes (i.e. Social 
      Security), considered or enacted in any session of 
      Congress, the Congressional Budget Office shall use 
      exclusively during that session of Congress revenue 
      estimates provided to it by the Joint Committee on 
      Taxation. During that session of Congress such revenue 
      estimates shall be transmitted by the Congressional Budget 
      Office to any committee of the House of Representatives or 
      the Senate requesting such estimates, and shall be used by 
      such Committees in determining such estimates. The Budget 
      Committees of the Senate and the House shall determine all 
      estimates with respect to scoring points of order and with 
      respect to the purposes of this Act.

SEC. 274. [2 U.S.C. 922] JUDICIAL REVIEW.

    (a) Expedited Review.--
            (1) Any Member of Congress may bring an action, in 
        the United States District Court for the District of 
        Columbia, for declaratory judgment and injunctive 
        relief on the ground that any order that might be 
        issued pursuant to section 254 violates the 
        Constitution.
            (2) Any Member of Congress, or any other person 
        adversely affected by any action taken under this 
        title, may bring an action, in the United States 
        District Court for the District of Columbia, for 
        declaratory judgment and injunctive relief concerning 
        the constitutionality of this title.
            (3) Any Member of Congress may bring an action, in 
        the United States District Court for the District of 
        Columbia, for declaratory and injunctive relief on the 
        ground that the terms of an order issued under section 
        254 do not comply with the requirements of this title.
            (4) A copy of any complaint in an action brought 
        under paragraph (1), (2), or (3) shall be promptly 
        delivered to the Secretary of the Senate and the Clerk 
        of the House of Representatives, and each House of 
        Congress shall have the right to intervene in such 
        action.
            (5) Any action brought under paragraph (1), (2), or 
        (3) shall be heard and determined by a three-judge 
        court in accordance with section 2284 of title 28, 
        United States Code.
Nothing in this section or in any other law shall infringe upon 
the right of the House of Representatives to intervene in an 
action brought under paragraph (1), (2), or (3) without the 
necessity of adopting a resolution to authorize such 
intervention.
    (b) Appeal to Supreme Court.--Notwithstanding any other 
provision of law, any order of the United States District Court 
for the District of Columbia which is issued pursuant to an 
action brought under paragraph (1), (2), or (3) of subsection 
(a) shall be reviewable by appeal directly to the Supreme Court 
of the United States. Any such appeal shall be taken by a 
notice of appeal filed within 10 days after such order is 
entered; and the jurisdictional statement shall be filed within 
30 days after such order is entered. No stay of an order issued 
pursuant to an action brought under paragraph (1), (2), or (3) 
of subsection (a) shall be issued by a single Justice of the 
Supreme Court.
    (c) Expedited Consideration.--It shall be the duty of the 
District Court for the District of Columbia and the Supreme 
Court of the United States to advance on the docket and to 
expedite to the greatest possible extent the disposition of any 
matter brought under subsection (a).
    (d) Noncompliance With Sequestration Procedures.--
            (1) If it is finally determined by a court of 
        competent jurisdiction that an order issued by the 
        President under section 254 for any fiscal year--
                    (A) does not reduce automatic spending 
                increases under any program specified in 
                section 256(a) if such increases are required 
                to be reduced by part C of this title (or 
                reduces such increases by a greater extent than 
                is so required), or
                    (B) does not sequester the amount of 
                budgetary resources which is required to be 
                sequestered by such part (or sequesters more 
                than that amount) with respect to any program, 
                project, activity, or account,
        the President shall, within 20 days after such 
        determination is made, revise the order in accordance 
        with such determination.
            (2) If the order issued by the President under 
        section 254 for any fiscal year--
                    (A) does not reduce any automatic spending 
                increase to the extent that such increase is 
                required to be reduced by part C of this title,
                    (B) does not sequester any amount of new 
                budget authority, new loan guarantee 
                commitments, new direct loan obligations, or 
                spending authority which is required to be 
                sequestered by such part, or
                    (C) does not reduce any obligation 
                limitation by the amount by which such 
                limitation is required to be reduced under such 
                part,
        on the claim or defense that the constitutional powers 
        of the President prevent such sequestration or 
        reduction or permit the avoidance of such sequestration 
        or reduction, and such claim or defense is finally 
        determined by the Supreme Court of the United States to 
        be valid, then the entire order issued pursuant to 
        section 254 for such fiscal year shall be null and 
        void.
    (e) Timing of Relief.--No order of any court granting 
declaratory or injunctive relief from the order of the 
President issued under section 254, including but not limited 
to relief permitting or requiring the expenditure of funds 
sequestered by such order, shall take effect during the 
pendency of the action before such court, during the time 
appeal may be taken, or, if appeal is taken, during the period 
before the court to which such appeal is taken has entered its 
final order disposing of such action.
    (f) Preservation of Other Rights.--The rights created by 
this section are in addition to the rights of any person under 
law, subject to subsection (e).
    (g) Economic Data, Assumptions, and Methodologies.--The 
economic data and economic assumptions used by the Director of 
OMB in computing the figures specified in any report issued by 
the Director of OMB under section 254, shall not be subject to 
review in any judicial or administrative proceeding.

SEC. 275. [2 U.S.C. 900 NOTE] EFFECTIVE DATES.\63\

    [Repealed]
---------------------------------------------------------------------------
    \63\ Section 104(a) of the Budget Control Act of 2011 (Public Law 
112-25) repealed Section 275 of this Act which had the effect of making 
the Balanced Budget and Emergency Deficit Control Act of 1985 
permanent.
---------------------------------------------------------------------------
  8/4/2011 3:57:42 PM - f:\vhlc\080411\080411.074 
Created by: TAMerywe deg.
    

======================================================================


                     BUDGET ENFORCEMENT ACT OF 1990

======================================================================


                     BUDGET ENFORCEMENT ACT OF 1990

     Public Law 101-508, Nov. 5, 1990, 104 Stat. 1388-573, 1388-623

                [As Amended Through Public Law 102-590,
                       Enacted November 10, 1992]

                     TITLE XIII--BUDGET ENFORCEMENT

SEC. 13001. SHORT TITLE; TABLE OF CONTENTS

    [Omitted]

  Subtitle A--Amendments to the Balanced Budget and Emergency Deficit 
               Control Act of 1985 and Related Amendments

PART I--AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL 
                              ACT OF 1985

SEC. 13101. SEQUESTRATION

    [Omitted]

                      PART II--RELATED AMENDMENTS

SEC. 13111. TEMPORARY AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 
                    1974

    [Omitted]

SEC. 13112. CONFORMING AMENDMENTS

    [Omitted]

   Subtitle B--Permanent Amendments to the Congressional Budget and 
                    Impoundment Control Act of 1974

SEC. 13201. CREDIT ACCOUNTING

    [Omitted]

SEC. 13202. CODIFICATION OF PROVISION REGARDING REVENUE ESTIMATES.

    [Omitted]

SEC. 13203. DEBT INCREASE AS MEASURE OF DEFICIT; DISPLAY OF FEDERAL 
                    RETIRMENT TRUST FUND BALANCE.

    [Omitted]

SEC. 13204. PAY-AS-YOU-GO PROCEDURES.

    [Omitted]

SEC. 13205. AMENDMENTS TO SECTION 303.

    [Omitted]

SEC. 13206. AMENDMENTS TO SECTION 308.

    [Omitted]

SEC. 13207. STANDARIZATION OF LANGUAGE REGARDING POINTS OF ORDER.

    [Omitted]

SEC. 13208. STANDARIZATION ADDITIONAL DEFICIT CONTROL PROVISIONS.

    [Omitted]

SEC. 13209. CODIFICATION OF PRECEDENT WITH REGARD TO CONFERENCE REPORTS 
                    AND AMENDMENTS BETWEEN THE HOUSES.

    [Omitted]

SEC. 13210. SUPERSEDED DEADLINES AND CONFORMING CHANGES.

    [Omitted]

SEC. 13211. DEFINITIONS.

    [Omitted]

SEC. 13212. SAVINGS TRANSFERS BETWEEN FISCAL YEARS.

    [Omitted]

SEC. 13213. CONFORMING CHANGE TO TITLE 31.

    [Omitted]

SEC. 13214. THE BYRD RULE ON EXTRANEOUS MATTER IN RECONCILIATION.

    [Omitted]

                      Subtitle C--Social Security

SEC. 13301. OFF-BUDGET STATUS OF OASDI TRUST FUNDS.

    (a) Exclusion of Social Security from All Budgets.--
Notwithstanding any other provision of law, the receipts and 
disbursements of the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund 
shall not be counted as new budget authority, outlays, 
receipts, or deficit or surplus for purposes of--
            (1) the budget of the United States Government as 
        submitted by the President,
            (2) the congressional budget, or
            (3) the Balanced Budget and Emergency Deficit 
        Control Act of 1985.
    (b) Exclusion of Social Security From Congressional 
Budget.--Section 301(a) of the Congressional Budget Act of 1974 
is amended by adding at the end the following: ``The concurrent 
resolution shall not include the outlays and revenue totals of 
the old age, survivors, and disability insurance program 
established under title II of the Social Security Act or the 
related provisions of the Internal Revenue Code of 1986 in the 
surplus or deficit totals required by this subsection or in any 
other surplus or deficit totals required by this title.''.

 H4  deg.SEC. 13302. PROTECTION OF OASDI TRUST FUNDS IN THE 
                    HOUSE OF REPRESENTATIVES.

    (a) In General.--It shall not be in order in the House of 
Representatives to consider any bill or joint resolution, as 
reported, or any amendment thereto or conference report 
thereon, if, upon enactment--
            (1)(A) such legislation under consideration would 
        provide for a net increase in OASDI benefits of at 
        least 0.02 percent of the present value of future 
        taxable payroll for the 75-year period utilized in the 
        most recent annual report of the Board of Trustees 
        provided pursuant to section 201(c)(2) of the Social 
        Security Act, and
                    (B) such legislation under consideration 
                does not provide at least a net increase, for 
                such 75-year period, in OASDI taxes of the 
                amount by which the net increase in such 
                benefits exceeds 0.02 percent of the present 
                value of future taxable payroll for such 75-
                year period,
            (2)(A) such legislation under consideration would 
        provide for a net increase in OASDI benefits (for the 
        5-year estimating period for such legislation under 
        consideration),
                    (B) such net increase, together with the 
                net increases in OASDI benefits resulting from 
                previous legislation enacted during that fiscal 
                year or any of the previous 4 fiscal years (as 
                estimated at the time of enactment) which are 
                attributable to those portions of the 5-year 
                estimating periods for such previous 
                legislation that fall within the 5-year 
                estimating period for such legislation under 
                consideration, exceeds $250,000,000, and
                    (C) such legislation under consideration 
                does not provide at least a net increase, for 
                the 5-year estimating period for such 
                legislation under consideration, in OASDI taxes 
                which, together with net increases in OASDI 
                taxes resulting from such previous legislation 
                which are attributable to those portions of the 
                5-year estimating periods for such previous 
                legislation that fall within the 5-year 
                estimating period for such legislation under 
                consideration, equals the amount by which the 
                net increase derived under subparagraph (B) 
                exceeds $250,000,000;
            (3)(A) such legislation under consideration would 
        provide for a net decrease in OASDI taxes of at least 
        0.02 percent of the present value of future taxable 
        payroll for the 75-year period utilized in the most 
        recent annual report of the Board of Trustees provided 
        pursuant to section 201(c)(2) of the Social Security 
        Act, and
                    (B) such legislation under consideration 
                does not provide at least a net decrease, for 
                such 75-year period, in OASDI benefits of the 
                amount by which the net decrease in such taxes 
                exceeds 0.02 percent of the present value of 
                future taxable payroll for such 75-year period, 
                or
            (4)(A) such legislation under consideration would 
        provide for a net decrease in OASDI taxes (for the 5-
        year estimating period for such legislation under 
        consideration),
                    (B) such net decrease, together with the 
                net decreases in OASDI taxes resulting from 
                previous legislation enacted during that fiscal 
                year or any of the previous 4 fiscal years (as 
                estimated at the time of enactment) which are 
                attributable to those portions of the 5-year 
                estimating periods for such previous 
                legislation that fall within the 5-year 
                estimating period for such legislation under 
                consideration, exceeds $250,000,000, and
                    (C) such legislation under consideration 
                does not provide at least a net decrease, for 
                the 5-year estimating period for such 
                legislation under consideration, in OASDI 
                benefits which, together with net decreases in 
                OASDI benefits resulting from such previous 
                legislation which are attributable to those 
                portions of the 5-year estimating periods for 
                such previous legislation that fall within the 
                5-year estimating period for such legislation 
                under consideration, equals the amount by which 
                the net decrease derived under subparagraph (B) 
                exceeds $250,000,000.
    (b) Application.--In applying paragraph (3) or (4) of 
subsection (a), any provision of any bill or joint resolution, 
as reported, or any amendment thereto, or conference report 
thereon, the effect of which is to provide for a net decrease 
for any period in taxes described in subsection (c)(2)(A) shall 
be disregarded if such bill, joint resolution, amendment, or 
conference report also includes a provision the effect of which 
is to provide for a net increase of at least an equivalent 
amount for such period in medicare taxes.
    (c) Definitions.--For purposes of this subsection:
            (1) The term ``OASDI benefits'' means the benefits 
        under the old-age, survivors, and disability insurance 
        programs under title II of the Social Security Act.
            (2) The term ``OASDI taxes'' means--
                    (A) the taxes imposed under sections 
                1401(a), 3101(a), and 3111(a) of the Internal 
                Revenue Code of 1986, and
                    (B) the taxes imposed under chapter 1 of 
                such Code (to the extent attributable to 
                section 86 of such Code).
            (3) The term ``medicare taxes'' means the taxes 
        imposed under sections 1401(b), 3101(b), and 3111(b) of 
        the Internal Revenue Code of 1986.
            (4) The term ``previous legislation'' shall not 
        include legislation enacted before fiscal year 1991.
            (5) The term ``5-year estimating period'' means, 
        with respect to any legislation, the fiscal year in 
        which such legislation becomes or would become 
        effective and the next 4 fiscal years.
            (6) No provision of any bill or resolution, or any 
        amendment thereto or conference report thereon, 
        involving a change in chapter 1 of the Internal Revenue 
        Code of 1986 shall be treated as affecting the amount 
        of OASDI taxes referred to in paragraph (2)(B) unless 
        such provision changes the income tax treatment of 
        OASDI benefits.

SEC. 13303. SOCIAL SECURITY FIREWALL AND POINT OF ORDER IN THE SENATE.

    [Omitted]

SEC. 13304. REPORT TO THE CONGRESS BY THE BOARD OF TRUSTEES OF THE 
                    OASDI TRUST FUNDS REGARDING THE ACTUARIAL BALANCE 
                    OF TRUST FUNDS.

    [Omitted]

 H4  deg.SEC. 13305. EXERCISE OF RULEMAKING POWER.

    This title and the amendments made by it 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 a 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.

 H4  deg.SEC. 13306. EFFECTIVE DATE.

    Sections 13301, 13302, and 13303 and any amendments made by 
such sections shall apply with respect to fiscal years 
beginning on or after October 1, 1990. Section 13304 shall be 
effective for annual reports of the Board of Trustees issued in 
or after calendar year 1991.

        Subtitle D--Treatment of Fiscal Year 1991 Sequestration

    [Omitted]

              Subtitle E--Government-Sponsored Enterprises

SEC. 13501. FINANCIAL SAFETY AND SOUNDNESS OF GOVERNMENT-SPONSORED 
                    ENTERPRISES.

    (a) Definition.--For purposes of this section, the terms 
``Government-sponsored enterprise'' and ``GSE'' mean the Farm 
Credit System (including the Farm Credit Banks, Banks for 
Cooperatives, and Federal Agricultural Mortgage Corporation), 
the Federal Home Loan Bank System, the Federal Home Loan 
Mortgage Corporation, the Federal National Mortgage 
Association, and the Student Loan Marketing Association.
    (c) Treasury Department Study and Proposed Legislation.
    [Omitted]
    (d) Congressional Budget Office Study.
    [Omitted]
    (d) Access to Relevant Information.--
            (1) For the studies required by this section, each 
        GSE shall provide full and prompt access to the 
        Secretary of the Treasury and the Director of the 
        Congressional Budget Office to its books and records 
        and other information requested by the Secretary of the 
        Treasury or the Director of the Congressional Budget 
        Office.
            (2) In preparing the studies required by this 
        section, the Secretary of the Treasury and the Director 
        of the Congressional Budget Office may request 
        information from, or the assistance of, any Federal 
        department or agency authorized by law to supervise the 
        activities of a GSE.
    (e) Confidentiality of Relevant Information.--
            (1) The Secretary of the Treasury and the Director 
        of the Congressional Budget Office shall determine and 
        maintain the confidentiality of any book, record, or 
        information made available by a GSE under this section 
        in a manner consistent with the level of 
        confidentiality established for the material by the GSE 
        involved.
            (2) The Department of the Treasury shall be exempt 
        from section 552 of title 5, United States Code, for 
        any book, record, or information made available under 
        subsection (d) and determined by the Secretary of the 
        Treasury to be confidential under this subsection.
            (3) Any officer or employee of the Department of 
        the Treasury shall be subject to the penalties set 
        forth in section 1906 of title 18, United States Code, 
        if--
                    (A) by virtue of his or her employment or 
                official position, he or she has possession of 
                or access to any book, record, or information 
                made available under and determined to be 
                confidential under this section; and
                    (B) he or she discloses the material in any 
                manner other than--
                            (i) to an officer or employee of 
                        the Department of the Treasury; or
                            (ii) pursuant to the exception set 
                        forth in such section 1906.
            (4) The Congressional Budget Office shall be exempt 
        from section 203 of the Congressional Budget Act of 
        1974 with respect to any book, record, or information 
        made available under this subsection and determined by 
        the Director to be confidential under paragraph (1).
    (f) President's Budget.--The President's annual budget 
submission shall include an analysis of the financial condition 
of the GSEs and the financial exposure of the Government, if 
any, posed by GSEs.END OF STATUTE deg.
    

======================================================================


                             POSTAL SERVICE

               OMNIBUS BUDGET RECONCILIATION ACT OF 1989

               Public Law 101-239, Title IV, 4001(a)(1),
                      Dec. 19, 1989 103 Stat. 2133

               POSTAL ACCOUNTABILITY AND ENHANCEMENT ACT

             Public Law 109-435, Title IV, Sec. 401(a)(1),
                     Dec. 20, 2006, 120 Stat. 3221

======================================================================

                      Title IV--Civil Service and
                        Postal Service Programs

SEC. 4001. BUDGETARY TREATMENT OF THE POSTAL SERVICE FUND.

    (a) Treatment of the Postal Service Fund--
            (1) In general--Chapter 20 of title 39, United 
        States Code, is amended by inserting after section 2009 
        the following:
            ``Sec. 2009a. Budgetary treatment of the postal 
        service fund
            ``Notwithstanding any other provision of law, the 
        receipts and disbursements of the Postal Service Fund, 
        including disbursements for administrative expenses 
        incurred in connection with the Fund--
                    ``(1) shall not be included in the totals 
                of--
                            ``(A) the budget of the United 
                        States Government as submitted by the 
                        President, or
                            ``(B) the congressional budget 
                        (including allocations of budget 
                        authority and outlays provided 
                        therein);
                    ``(2) shall be exempt from any general 
                budget limitation imposed by statute on 
                expenditures and net lending (budget outlays) 
                of the United States Government; and
                    ``(3) shall be exempt from any order issued 
                under part C of the Balanced Budget and 
                Emergency Deficit Control Act of 1985, and 
                shall not be counted for purposes of 
                calculating the deficit under section 3(6) of 
                the Congressional Budget and Impoundment 
                Control Act of 1974 for purposes of comparison 
                with the maximum deficit amount under the 
                Balanced Budget and Emergency Deficit Control 
                Act of 1985 nor counted in calculating the 
                excess deficit for purposes of sections 251 and 
                252 of the Balanced Budget and Emergency 
                Deficit Control Act of 1985, for any fiscal 
                year.''.
    (2) Chapter analysis--The analysis for chapter 20 of title 
39, United States Code, is amended by inserting after the item 
relating to section 2009 the following:
    ``2009a. Budgetary treatment of the Postal Service Fund.''
    (b) Construction--Nothing in any amendment made by 
subsection (a) shall be considered to diminish the oversight 
responsibilities or authority of the Congress under law, rule, 
or regulation with respect to the budget and operations of the 
United States Postal Service.
    (c) Applicability--The amendments made by this section 
shall apply with respect to budgets for fiscal years beginning 
after September 30, 1989.
    (Added Pub. L. 101-239, title IV, Sec. 4001(a)(1), Dec. 19, 
1989, 103 Stat. 2133.)
          * * * * * * *

  [From Public Law 109-435: The Postal Accountability and Enhancement 
                                  Act]

SEC. 401. POSTAL SERVICE COMPETITIVE PRODUCTS FUND.

    (a) Provisions relating to postal service competitive 
products fund and related matters--
            (1) In General. Chapter 20 of title 39, United 
        States Code, is amended by adding at the end the 
        following:
            ``Sec. 2011. Provisions relating to competitive 
        products
                    ``(f) The receipts and disbursements of the 
                Competitive Products Fund shall be accorded the 
                same budgetary treatment as is accorded to 
                receipts and disbursements of the Postal 
                Service Fund under section 2009a.'' \64\
---------------------------------------------------------------------------
    \64\ See page 293.
---------------------------------------------------------------------------
    

======================================================================


                  STATUTORY PAY-AS-YOU-GO ACT OF 2010

======================================================================


                  STATUTORY PAY-AS-YOU-GO ACT OF 2010

      [Public Law 111-139; Enacted February 12, 2010; 124 Stat. 8]

  JOINT RESOLUTION Increasing the statutory limit on the public debt.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That subsection 
(b) of section 3101 of title 31, United States Code, is amended 
by striking out the dollar limitation contained in such 
subsection and inserting in lieu thereof $14,294,000,000,000.

                    Title I--Statutory Pay-As-You-Go
                              Act of 2010

SEC. 1. [2 U.S.C. 931 NOTE] SHORT TITLE.

    This title may be cited as the ``Statutory Pay-As-You-Go 
Act of 2010''.

SEC. 2. [2 U.S.C. 931] PURPOSE.

    The purpose of this title is to reestablish a statutory 
procedure to enforce a rule of budget neutrality on new revenue 
and direct spending legislation.

SEC. 3. [2 U.S.C. 932] DEFINITIONS AND APPLICATIONS.

    As used in this title--
            (1) The term ``BBEDCA'' means the Balanced Budget 
        and Emergency Deficit Control Act of 1985.
            (2) The definitions set forth in section 3 \65\ of 
        the Congressional Budget and Impoundment Control Act of 
        1974 and in section 250 of BBEDCA \66\ shall apply to 
        this title, except to the extent that they are 
        specifically modified as follows:
---------------------------------------------------------------------------
    \65\ 2 U.S.C. 622.
    \66\ 2 U.S.C. 900.
---------------------------------------------------------------------------
                    (A) The term ``outyear'' means a fiscal 
                year one or more years after the budget year.
                    (B) In section 250(c)(8)(C), \67\ the 
                reference to the food stamp program shall be 
                deemed to be a reference to the Supplemental 
                Nutrition Assistance Program.
---------------------------------------------------------------------------
    \67\ 2 U.S.C. 900(c)(8)(C).
---------------------------------------------------------------------------
            (3) The term ``AMT'' means the Alternative Minimum 
        Tax for individuals under sections 55-59 of the 
        Internal Revenue Code of 1986, 26 U.S.C. 55-59, the 
        term ``EGTRRA'' means the Economic Growth and Tax 
        Relief Reconciliation Act of 2001 (Public Law 107-16), 
        and the term ``JGTRRA'' means the Jobs and Growth Tax 
        Relief and Reconciliation Act of 2003 (Public Law 108-
        27).
            (4)(A) The term ``budgetary effects'' means the 
        amount by which PAYGO legislation changes outlays 
        flowing from direct spending or revenues relative to 
        the baseline and shall be determined on the basis of 
        estimates prepared under section 4. Budgetary effects 
        that increase outlays flowing from direct spending or 
        decrease revenues are termed ``costs'' and budgetary 
        effects that increase revenues or decrease outlays 
        flowing from direct spending are termed ``savings''. 
        Budgetary effects shall not include any costs 
        associated with debt service.
                    (B) For purposes of these definitions, off-
                budget effects shall not be counted as 
                budgetary effects.
                    (C) Solely for purposes of recording 
                entries on a PAYGO scorecard, provisions in 
                appropriation Acts are also considered to be 
                budgetary effects for purposes of this title if 
                such provisions make outyear modifications to 
                substantive law, except that provisions for 
                which the outlay effects net to zero over a 
                period consisting of the current year, the 
                budget year, and the 4 subsequent years shall 
                not be considered budgetary effects. For 
                purposes of this paragraph, the term, 
                ``modifications to substantive law'' refers to 
                changes to or restrictions on entitlement law 
                or other mandatory spending contained in 
                appropriations Acts, notwithstanding section 
                250(c)(8) of BBEDCA. Provisions in 
                appropriations Acts that are neither outyear 
                modifications to substantive law nor changes in 
                revenues have no budgetary effects for purposes 
                of this title.
            (5) The term ``debit'' refers to the net total 
        amount, when positive, by which costs recorded on the 
        PAYGO scorecards for a fiscal year exceed savings 
        recorded on those scorecards for that year.
            (6) The term ``entitlement law'' refers to a 
        section of law which provides entitlement authority.
            (7) The term ``PAYGO legislation'' or a ``PAYGO 
        Act'' refers to a bill or joint resolution that affects 
        direct spending or revenue relative to the baseline. 
        The budgetary effects of changes in revenues and 
        outyear modifications to substantive law included in 
        appropriation Acts as defined in paragraph (4) shall be 
        treated as if they were contained in PAYGO legislation 
        or a PAYGO Act.
            (8) The term ``timing shift'' refers to a delay of 
        the date on which outlays flowing from direct spending 
        would otherwise occur from the ninth outyear to the 
        tenth outyear or an acceleration of the date on which 
        revenues would otherwise occur from the tenth outyear 
        to the ninth outyear.

SEC. 4. [2 U.S.C. 933] PAYGO ESTIMATES AND PAYGO SCORECARDS.

    (a) PAYGO Estimates.--
            (1) Required designation in paygo acts.--
                    (A) House of representatives.--To establish 
                the budgetary effects of a PAYGO Act consistent 
                with the determination made by the Chairman of 
                the House Budget Committee, a PAYGO Act 
                originated in or amended by the House of 
                Representatives may include the following 
                statement: ``The budgetary effects of this Act, 
                for the purpose of complying with the Statutory 
                Pay-As-You-Go-Act of 2010, shall be determined 
                by reference to the latest statement titled 
                `Budgetary Effects of PAYGO Legislation' for 
                this Act, submitted for printing in the 
                Congressional Record by the Chairman of the 
                House Budget Committee, provided that such 
                statement has been submitted prior to the vote 
                on passage.''.
                    (B) Senate.--To establish the budgetary 
                effects of a PAYGO Act consistent with the 
                determination made by the Chairman of the 
                Senate Budget Committee, a PAYGO Act originated 
                in or amended by the Senate shall include the 
                following statement: ``The budgetary effects of 
                this Act, for the purpose of complying with the 
                Statutory Pay-As-You-Go-Act of 2010, shall be 
                determined by reference to the latest statement 
                titled `Budgetary Effects of PAYGO Legislation' 
                for this Act, submitted for printing in the 
                Congressional Record by the Chairman of the 
                Senate Budget Committee, provided that such 
                statement has been submitted prior to the vote 
                on passage.''.
                    (C) Conference reports and amendments 
                between the houses.--To establish the budgetary 
                effects of the conference report on a PAYGO 
                Act, or an amendment to an amendment between 
                Houses on a PAYGO Act, which if estimated shall 
                be estimated jointly by the Chairmen of the 
                House and Senate Budget Committees, the 
                conference report or amendment between the 
                Houses shall include the following statement: 
                ``The budgetary effects of this Act, for the 
                purpose of complying with the Statutory Pay-As-
                You-Go-Act of 2010, shall be determined by 
                reference to the latest statement titled 
                `Budgetary Effects of PAYGO Legislation' for 
                this Act, jointly submitted for printing in the 
                Congressional Record by the Chairmen of the 
                House and Senate Budget Committees, provided 
                that such statement has been submitted prior to 
                the vote on passage in the House acting first 
                on this conference report or amendment between 
                the Houses.''.
            (2) Determination of budgetary effects of paygo 
        acts.--
                    (A) Original legislation.--
                            (i) Statement and estimate.--Prior 
                        to a vote on passage of a PAYGO Act 
                        originated or amended by one House, the 
                        Chairman of the Budget Committee of 
                        that House may submit for printing in 
                        the Congressional Record a statement 
                        titled ``Budgetary Effects of PAYGO 
                        Legislation'' which shall include an 
                        estimate of the budgetary effects of 
                        that Act, if available prior to passage 
                        of the Act by that House and shall 
                        submit, if applicable, an 
                        identification of any current policy 
                        adjustments made pursuant to section 7 
                        of this Act. The timely submission of 
                        such a statement, in conjunction with 
                        the appropriate designation made 
                        pursuant to paragraph (1)(A) or (1)(B), 
                        as applicable, shall establish the 
                        budgetary effects of the PAYGO Act for 
                        the purposes of this Act.
                            (ii) Effect.--The latest statement 
                        submitted by the Chairman of the Budget 
                        Committee of that House prior to 
                        passage shall supersede any prior 
                        statements submitted in the 
                        Congressional Record and shall be valid 
                        only if the PAYGO Act is not further 
                        amended by either House.
                            (iii) Failure to submit estimate.--
                        If--
                                    (I) the estimate required 
                                by clause (i) has not been 
                                submitted prior to passage by 
                                that House;
                                    (II) such estimate has been 
                                submitted but is no longer 
                                valid due to a subsequent 
                                amendment to the PAYGO Act; or
                                    (III) the designation 
                                required pursuant to this 
                                subsection has not been made;
                        the budgetary effects of the PAYGO Act 
                        shall be determined under subsection 
                        (d)(3), provided that this clause shall 
                        not apply if a valid designation is 
                        subsequently included in that PAYGO Act 
                        pursuant to paragraph (1)(C) and a 
                        statement is submitted pursuant to 
                        subparagraph (B).
                    (B) Conference reports and amendments 
                between houses.--
                            (i) In general.--Prior to the 
                        adoption of a report of a committee of 
                        conference on a PAYGO Act in either 
                        House, or disposition of an amendment 
                        to an amendment between Houses on a 
                        PAYGO Act, the Chairmen of the Budget 
                        Committees of the House and Senate may 
                        jointly submit for printing in the 
                        Congressional Record a statement titled 
                        ``Budgetary Effects of PAYGO 
                        Legislation'' which shall include an 
                        estimate of the budgetary effects of 
                        that Act if available prior to passage 
                        of the Act by the House acting first on 
                        the legislation and shall submit, if 
                        applicable, an identification of any 
                        current policy adjustments made 
                        pursuant to section 7 of this title. 
                        The timely submission of such a 
                        statement, in conjunction with the 
                        appropriate designation made pursuant 
                        to paragraph (1)(C), shall establish 
                        the budgetary effects of the PAYGO Act 
                        for the purposes of this Act.
                            (ii) Failure to submit estimate.--
                        If such estimate has not been submitted 
                        prior to the adoption of a report of a 
                        committee of conference by either 
                        House, or if the designation required 
                        pursuant to this subsection has not 
                        been made, the budgetary effects of the 
                        PAYGO Act shall be determined under 
                        subsection (d)(3).
            (3) Procedure in the senate.--In the Senate, upon 
        submission of a statement titled ``Budgetary Effects of 
        PAYGO Legislation'' by the Chairman of the Senate 
        Budget Committee for printing in the Congressional 
        Record, the Legislative Clerk shall read the statement.
            (4) Jurisdiction of the budget committees.--For the 
        purposes of enforcing section 306 of the Congressional 
        Budget Act of 1974, a designation made pursuant to 
        paragraph (1)(A), (1)(B), or (1)(C), that includes only 
        the language specifically prescribed therein, shall not 
        be considered a matter within the jurisdiction of 
        either the Senate or House Committees on the Budget.
    (b) CBO PAYGO estimates.--
            (1) In general.--
                    (A) Estimates.--Section 308(a) of the 
                Congressional Budget Act of 1974 is amended by 
                adding at the end the following new paragraph:
            ``(3) CBO PAYGO estimates.--
                    ``(A) The Chairs of the Committees on the 
                Budget of the House and Senate, as applicable, 
                shall request from the Director of the 
                Congressional Budget Office an estimate of the 
                budgetary effects of PAYGO legislation.
                    ``(B) Estimates shall be prepared using 
                baseline estimates supplied by the 
                Congressional Budget Office, consistent with 
                section 257 of the Balanced Budget and 
                Emergency Deficit Control Act of 1985.
                    ``(C) The Director shall not count timing 
                shifts, as that term is defined at section 3(8) 
                of the Statutory Pay-As-You-Go Act of 2010, in 
                estimates of the budgetary effects of PAYGO 
                Legislation.''.
                    (B) Sideheading.--The side heading of 
                section 308(a) of the Congressional Budget Act 
                of 1974 is amended by striking ``Reports on''.
            (2) Guidelines.--Section 308 of the Congressional 
        Budget Act of 1974 is amended by adding at the end the 
        following new subsection:
    ``(d) Scorekeeping Guidelines.--Estimates under this 
section shall be provided in accordance with the scorekeeping 
guidelines determined under section 252(d)(5) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.''.
    (c) Current Policy Adjustments for Certain Legislation.--
            (1) In general.--For any provision of legislation 
        that meets the criteria in subsection (c), (d), (e) or 
        (f) of section 7, the Chairs of the Committees on the 
        Budget of the House and Senate, as applicable, shall 
        request that CBO adjust the estimate of budgetary 
        effects of that legislation pursuant to paragraph (2) 
        for the purposes of this title. A single piece of 
        legislation may contain provisions that meet criteria 
        in more than one of the subsections referred to in the 
        preceding sentence. CBO shall adjust estimates for 
        legislation designated under subsection (a) and 
        estimated under subsection (b). OMB shall adjust 
        estimates for legislation estimated under subsection 
        (d)(3).
            (2) Adjustments.--
                    (A) Estimates.--CBO or OMB, as applicable, 
                shall exclude from the estimate of budgetary 
                effects any budgetary effects of a provision 
                that meets the criteria in subsection (c), (d), 
                (e) or (f) of section 7, to the extent that 
                those budgetary effects, when combined with all 
                other excluded budgetary effects of any other 
                previously designated provisions of enacted 
                legislation under the same subsection of 
                section 7, do not exceed the maximum applicable 
                current policy adjustment defined under the 
                applicable subsection of section 7 for the 
                applicable 10-year period.
                    (B) Baseline.--Any estimate made pursuant 
                to subparagraph (A) shall be prepared using 
                baseline estimates supplied by the 
                Congressional Budget Office, consistent with 
                section 257 of the BBEDCA. CBO estimates of 
                legislation adjusted for current policy shall 
                include a separate presentation of costs 
                excluded from the calculation of budgetary 
                effects for the legislation, as well as an 
                updated total of all excluded costs of 
                provisions within subsection (c), (d), or (e) 
                of section 7, as applicable, and in the case of 
                paragraph (1) of section 7(f), within any of 
                the subparagraphs (A) through (L) of such 
                paragraph, as applicable.
            (3) Limitation on availability of excess savings.--
                    (A) Prohibition on use of excess saving for 
                ineligible policies.--To the extent the 
                adjustment for current policy of any provision 
                estimated under this subsection exceeds the 
                estimated budgetary effects of that provision, 
                these excess savings shall not be available to 
                offset the costs of any provisions not 
                otherwise eligible for a current policy 
                adjustment under section 7, and shall not be 
                counted on the PAYGO scorecards established 
                pursuant to subsections (d)(4) and (d)(5).
                    (B) Prohibition on use of excess savings 
                across budget areas.--For provisions eligible 
                for a current policy adjustment under 
                subsections (c) through (f) of section 7, to 
                the extent the adjustment for current policy of 
                any provision exceeds the estimated budgetary 
                effects of that same provision, the excess 
                savings shall be available only to offset the 
                costs of other provisions that qualify for a 
                current policy adjustment in that same 
                subsection. Each paragraph in section 7(f)(1) 
                shall be considered a separate subsection for 
                purposes of this section.
            (4) Further guidance on estimating budgetary 
        effects.--Estimates of budgetary effects under this 
        subsection shall be consistent with the guidance 
        provided at section 7(h).
            (5) Inclusion of statement.--For PAYGO legislation 
        adjusted pursuant to section 7, the Chairman of the 
        House or Senate Budget Committee, as applicable, shall 
        include in any statement titled ``Budgetary Effects of 
        PAYGO Legislation'', submitted for that legislation 
        pursuant to section 4, an explanation of the current 
        policy designation and adjustments.
    (d) OMB PAYGO Scorecards.--
            (1) In general.--OMB shall maintain and make 
        publicly available a continuously updated document 
        containing two PAYGO scorecards displaying the 
        budgetary effects of PAYGO legislation as determined 
        under section 308 of the Congressional Budget Act of 
        1974, applying the look-back requirement in subsection 
        (e) and the averaging requirement in subsection (f), 
        and a separate addendum displaying the estimates of the 
        costs of provisions designated in statute as emergency 
        requirements.
            (2) Estimates in legislation.--Except as provided 
        in paragraph (3), in making the calculations for the 
        PAYGO scorecards, OMB shall use the budgetary effects 
        included by reference in the applicable legislation 
        pursuant to subsection (a).
            (3) OMB paygo estimates.--If a PAYGO Act does not 
        contain a valid reference to its budgetary effects 
        consistent with subsection (a), OMB shall estimate the 
        budgetary effects of that legislation upon its 
        enactment. The OMB estimate shall be based on the 
        approaches to scorekeeping set forth in section 308 of 
        the Congressional Budget Act of 1974, as amended by 
        this title, and subsection (g)(4), and shall use the 
        same economic and technical assumptions as used in the 
        most recent budget submitted by the President under 
        section 1105(a) of title 31 of the United States Code.
            (4) 5-year scorecard.--The first scorecard shall 
        display the budgetary effects of PAYGO legislation in 
        each year over the 5-year period beginning in the 
        budget year.
            (5) 10-year scorecard.--The second scorecard shall 
        display the budgetary effects of PAYGO legislation in 
        each year over the 10-year period beginning in the 
        budget year.
            (6) Community living assistance services and 
        supports act.--Neither scorecard maintained by OMB 
        pursuant to this subsection shall include net savings 
        from any provisions of legislation titled ``Community 
        Living Assistance Services and Supports Act'', which 
        establishes a Federal insurance program for long-term 
        care, if such legislation is enacted into law, or 
        amended, subsequent to the date of enactment of this 
        title.
    (e) Look-back To Capture Current-year Effects.--For 
purposes of this section, OMB shall treat the budgetary effects 
of PAYGO legislation enacted during a session of Congress that 
occur during the current year as though they occurred in the 
budget year.
    (f) Averaging Used To Measure Compliance Over 5-year and 
10-year Periods.--OMB shall cumulate the budgetary effects of a 
PAYGO Act over the budget year (which includes any look-back 
effects under subsection (e)) and--
            (1) for purposes of the 5-year scorecard referred 
        to in subsection (d)(4), the four subsequent outyears, 
        divide that cumulative total by five, and enter the 
        quotient in the budget-year column and in each 
        subsequent column of the 5-year PAYGO scorecard; and
            (2) for purposes of the 10-year scorecard referred 
        to in subsection (d)(5), the nine subsequent outyears, 
        divide that cumulative total by ten, and enter the 
        quotient in the budget-year column and in each 
        subsequent column of the 10-year PAYGO scorecard.
    (g) Emergency Legislation.--
            (1) Designation in statute.--If a provision of 
        direct spending or revenue legislation in a PAYGO Act 
        is enacted as an emergency requirement that the 
        Congress so designates in statute pursuant to this 
        section, the amounts of new budget authority, outlays, 
        and revenue in all fiscal years resulting from that 
        provision shall be treated as an emergency requirement 
        for the purposes of this Act.
            (2) Designation in the house of representatives.--
        If a PAYGO Act includes a provision expressly 
        designated as an emergency for the purposes of this 
        title, the Chair shall put the question of 
        consideration with respect thereto.
            (3) Point of order in the senate.--
                    (A) In general.--When the Senate is 
                considering a PAYGO Act, if a point of order is 
                made by a Senator against an emergency 
                designation in that measure, that provision 
                making such a designation shall be stricken 
                from the measure and may not be offered as an 
                amendment from the floor.
                    (B) Supermajority waiver and appeals.--
                            (i) Waiver.--Subparagraph (A) may 
                        be waived or suspended in the Senate 
                        only by an affirmative vote of three-
                        fifths of the Members, duly chosen and 
                        sworn.
                            (ii) Appeals.--Appeals in the 
                        Senate from the decisions of the Chair 
                        relating to any provision of this 
                        subsection shall be limited to 1 hour, 
                        to be equally divided between, and 
                        controlled by, the appellant and the 
                        manager of the bill or joint 
                        resolution, as the case may be. An 
                        affirmative vote of three-fifths of the 
                        Members of the Senate, duly chosen and 
                        sworn, shall be required to sustain an 
                        appeal of the ruling of the Chair on a 
                        point of order raised under this 
                        subsection.
                    (C) Definition of an emergency 
                designation.--For purposes of subparagraph (A), 
                a provision shall be considered an emergency 
                designation if it designates any item as an 
                emergency requirement pursuant to this 
                subsection.
                    (D) Form of the point of order.--A point of 
                order under subparagraph (A) may be raised by a 
                Senator as provided in section 313 (e) of the 
                Congressional Budget Act of 1974.
                    (E) Conference reports.--When the Senate is 
                considering a conference report on, or an 
                amendment between the Houses in relation to, a 
                PAYGO Act, upon a point of order being made by 
                any Senator pursuant to this section, and such 
                point of order being sustained, such material 
                contained in such conference report shall be 
                deemed stricken, and the Senate shall proceed 
                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. 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.
            (4) Effect of designation on scoring.--If a 
        provision is designated as an emergency requirement 
        under this Act, CBO or OMB, as applicable, shall not 
        include the budgetary effects of such a provision in 
        its estimate of the budgetary effects of that PAYGO 
        legislation.

SEC. 5. [2 U.S.C. 934] ANNUAL REPORT AND SEQUESTRATION ORDER.

    (a) Annual Report.--Not later than 14 days (excluding 
weekends and holidays) after Congress adjourns to end a 
session, OMB shall make publicly available and cause to be 
printed in the Federal Register an annual PAYGO report. The 
report shall include an up-to-date document containing the 
PAYGO scorecards, a description of any current policy 
adjustments made under section 4(c), information about 
emergency legislation (if any) designated under section 4(g), 
information about any sequestration if required by subsection 
(b), and other data and explanations that enhance public 
understanding of this title and actions taken under it.
    (b) Sequestration Order.--If the annual report issued at 
the end of a session of Congress under subsection (a) shows a 
debit on either PAYGO scorecard for the budget year, OMB shall 
prepare and the President shall issue and include in that 
report a sequestration order that, upon issuance, shall reduce 
budgetary resources of direct spending programs by enough to 
offset that debit as prescribed in section 6. If there is a 
debit on both scorecards, the order shall fully offset the 
larger of the two debits. OMB shall transmit the order and the 
report to the House of Representatives and the Senate. If the 
President issues a sequestration order, the annual report shall 
contain, for each budget account to be sequestered, estimates 
of the baseline level of budgetary resources subject to 
sequestration, the amount of budgetary resources to be 
sequestered, and the outlay reductions that will occur in the 
budget year and the subsequent fiscal year because of that 
sequestration.

SEC. 6. [2 U.S.C. 935] CALCULATING A SEQUESTRATION.

    (a) Reducing Nonexempt Budgetary Resources by a Uniform 
Percentage.--
            (1) In general.--OMB shall calculate the uniform 
        percentage by which the budgetary resources of 
        nonexempt direct spending programs are to be 
        sequestered such that the outlay savings resulting from 
        that sequestration, as calculated under subsection (b), 
        shall offset the budget-year debit, if any, on the 
        applicable PAYGO scorecard. If the uniform percentage 
        calculated under the prior sentence exceeds 4 percent, 
        the Medicare programs described in section 256(d) of 
        BBEDCA shall be reduced by 4 percent and the uniform 
        percentage by which the budgetary resources of all 
        other nonexempt direct spending programs are to be 
        sequestered shall be increased, as necessary, so that 
        the sequestration of Medicare and of all other 
        nonexempt direct spending programs together produce the 
        required outlay savings.
            (2) Programs and activities in unified budget 
        only.--Subject to the exemptions set forth in section 
        11, OMB shall determine the uniform percentage required 
        under paragraph (1) with respect to programs and 
        activities contained in the unified budget only.
    (b) Outlay Savings.--In determining the amount by which a 
sequestration offsets a budget-year debit, OMB shall count--
            (1) the amount by which the sequestration in a crop 
        year of crop support payments, pursuant to section 
        256(j) of BBEDCA, reduces outlays in the budget year 
        and the subsequent fiscal year;
            (2) the amount by which the sequestration of 
        Medicare payments in the 12-month period following the 
        sequestration order, pursuant to section 256(d) of 
        BBEDCA, reduces outlays in the budget year and the 
        subsequent fiscal year; and
            (3) the amount by which the sequestration in the 
        budget year of the budgetary resources of other 
        nonexempt mandatory programs reduces outlays in the 
        budget year and in the subsequent fiscal year.

SEC. 7. [2 U.S.C. 936] ADJUSTMENT FOR CURRENT POLICIES.

    (a) Purpose.--The purpose of this section is to provide for 
adjustments of estimates of budgetary effects of PAYGO 
legislation for legislation affecting 4 areas of the budget--
            (1) payments made under section 1848 of the Social 
        Security Act (referred to in this section as ``Payment 
        for Physicians' Services'');
            (2) the Estate and Gift Tax under subtitle B of the 
        Internal Revenue Code of 1986;
            (3) the AMT; and
            (4) provisions of EGTRRA or JGTRRA that amended the 
        Internal Revenue Code of 1986 (or provisions in later 
        statutes further amending the amendments made by EGTRRA 
        or JGTRRA), other than--
                    (A) the provisions of those 2 Acts that 
                were made permanent by the Pension Protection 
                Act of 2006 (Public Law 109-280);
                    (B) amendments to the Estate and Gift Tax 
                referred to in paragraph (2);
                    (C) the AMT referred to in paragraph (3); 
                and
                    (D) the income tax rates on ordinary income 
                that apply to individuals with adjusted gross 
                incomes greater than $200,000 for a single 
                filer and $250,000 for joint filers.
    (b) Duration.--This section shall remain in effect through 
December 31, 2011.
    (c) Medicare Payments to Physicians.--
            (1) Criteria.--Legislation that includes provisions 
        amending or superseding the system for updating 
        payments under subsections (d) and (f) of section 1848 
        of the Social Security Act shall trigger the current 
        policy adjustment required by this title.
            (2) Adjustment.--The amount of the maximum current 
        policy adjustment shall be the difference between--
                    (A) estimated net outlays attributable to 
                the payment rates and related parameters in 
                accordance with subsections (d) and (f) of 
                section 1848 of the Social Security Act (as 
                scheduled on December 31, 2009, to be in 
                effect); and
                    (B) what those net outlays would have been 
                if--
                            (i) the nominal payment rates and 
                        related parameters in effect for 2009 
                        had been in effect through December 31, 
                        2014, without change; and
                            (ii) thereafter, the nominal 
                        payment rates and related parameters 
                        described in subparagraph (A) had 
                        applied and the assumption described in 
                        clause (i) had never applied.
            (3) Limitation.--If the provisions in the 
        legislation that cause it to meet the criteria in 
        paragraph (1) cover a time period that ends before 
        December 31, 2014, subject to the maximum adjustment 
        provided for under paragraph (2), the amount of each 
        current policy adjustment made pursuant to this section 
        shall be limited to the difference between--
                    (A) estimated net outlays attributable to 
                the payment rates and related parameters 
                specified in that section of the Social 
                Security Act (as scheduled on December 31, 
                2009, to be in effect for the period of time 
                covered by the relevant provisions of the 
                eligible legislation); and
                    (B) what those net outlays would have been 
                if the nominal payment rates and related 
                parameters in effect for 2009 had been in 
                effect, without change, for the same period of 
                time covered by the relevant provisions of the 
                eligible legislation as under subparagraph (A).
    (d) Estate and Gift Tax.--
            (1) Criteria.--Legislation that includes provisions 
        amending the Estate and Gift Tax under subtitle B of 
        the Internal Revenue Code of 1986 shall trigger the 
        current policy adjustment required by this title.
            (2) Adjustment.--The amount of the maximum current 
        policy adjustment shall be the difference between--
                    (A) total revenues projected to be 
                collected under the Internal Revenue Code of 
                1986 (as scheduled on December 31, 2009, to be 
                in effect); and
                    (B) what those revenue collections would 
                have been if, on the date of enactment of the 
                legislation meeting the criteria in paragraph 
                (1), estate and gift tax law had instead been 
                amended so that the tax rates, nominal 
                exemption amounts, and related parameters in 
                effect for tax year 2009 had remained in effect 
                through December 31, 2011, with nominal 
                exemption amounts indexed for inflation after 
                2009 consistent with subsection (g).
            (3) Limitation.--If the provisions in the 
        legislation that cause it to meet the criteria in 
        paragraph (1) cover a time period that ends before 
        December 31, 2011, subject to the maximum adjustment 
        provided for under paragraph (2), the amount of each 
        current policy adjustment made pursuant to this section 
        shall be limited to the difference between--
                    (A) total revenues projected to be 
                collected under the Internal Revenue Code of 
                1986 (as scheduled on December 31, 2009, to be 
                in effect for the period of time covered by the 
                relevant provisions of the eligible 
                legislation); and
                    (B) what those revenues would have been if 
                the estate and gift tax law rates, nominal 
                exemption amounts, and related parameters in 
                effect for 2009, with nominal exemption amounts 
                indexed for inflation after 2009 consistent 
                with subsection (g), had been in effect for the 
                same period of time covered by the relevant 
                provisions of the eligible legislation as under 
                subparagraph (A).
            (4) Duration of policy adjustment.--Adjustments 
        made pursuant to this subsection are available for 
        policies affecting the estate and gift tax through only 
        December 31, 2011. Any adjustments shall include 
        budgetary effects in all years from these policy 
        changes.
    (e) AMT Relief.--
            (1) Criteria.--Legislation that includes provisions 
        extending AMT relief shall trigger the current policy 
        adjustment required by this title.
            (2) Adjustment.--The amount of the maximum current 
        policy adjustment shall be the difference between--
                    (A) total revenues projected to be 
                collected under the Internal Revenue Code of 
                1986 (as scheduled on December 31, 2009, to be 
                in effect); and
                    (B) what those revenue collections would 
                have been if, on the date of enactment of 
                legislation meeting the criteria in paragraph 
                (1), AMT law had instead been amended by making 
                commensurate adjustments in the exemption 
                amounts for joint and single filers in such a 
                manner that the number of taxpayers with AMT 
                liability or lost credits that occur as a 
                result of the AMT would not be estimated to 
                exceed the number of taxpayers affected by the 
                AMT in tax year 2008 in any year for which 
                relief is provided, through December 31, 2011.
            (3) Limitation.--If the provisions in the 
        legislation that cause it to meet the criteria in 
        paragraph (1) cover a time period that ends before 
        December 31, 2011, subject to the maximum adjustment 
        provided for under paragraph (2), the amount of each 
        current policy adjustment made pursuant to this section 
        shall be limited to the difference between--
                    (A) total revenues projected to be 
                collected under the Internal Revenue Code of 
                1986 (as scheduled on December 31, 2009, to be 
                in effect for the period of time covered by the 
                relevant provisions of the eligible 
                legislation); and
                    (B) what those revenues would have been if, 
                on the date of enactment of legislation meeting 
                the criteria in paragraph (1), AMT law had 
                instead been amended by making commensurate 
                adjustments in the exemption amounts for joint 
                and single filers in such a manner that the 
                number of taxpayers with AMT liability or lost 
                credits that occur as a result of the AMT would 
                not be estimated to exceed the number of AMT 
                taxpayers in tax year 2008 for the same period 
                of time covered by the relevant provisions of 
                the eligible legislation as under subparagraph 
                (A).
            (4) Duration of policy adjustment.--Adjustments 
        made pursuant to this subsection are available for 
        policies affecting the AMT through only December 31, 
        2011. Any adjustments shall include budgetary effects 
        in all years from these policy changes.
    (f) Permanent Extension of Middle-class Tax Cuts.--
            (1) Criteria.--Legislation that includes provisions 
        extending middle-class tax cuts shall trigger the 
        current policy adjustment required by this title if 
        those provisions extend 1 or more of the following 
        provisions:
                    (A) The 10 percent bracket as in effect for 
                tax year 2010, as provided for under section 
                101(a) of EGTRRA and any later amendments 
                through December 31, 2009.
                    (B) The child tax credit as in effect for 
                tax year 2010, as provided for under section 
                201 of EGTRRA and any later amendments through 
                December 31, 2009.
                    (C) Tax benefits for married couples as in 
                effect for tax year 2010, as provided for under 
                title III of EGTRRA and any later amendments 
                through December 31, 2009.
                    (D) The adoption credit as in effect in tax 
                year 2010, as provided for under section 202 of 
                EGTRRA and any later amendments through 
                December 31, 2009.
                    (E) The dependent care credit as in effect 
                in tax year 2010, as provided for under section 
                204 of EGTRRA and any later amendments through 
                December 31, 2009.
                    (F) The employer-provided child care credit 
                as in effect in tax year 2010, as provided for 
                under section 205 of EGTRRA and any later 
                amendments through December 31, 2009.
                    (G) The education tax benefits as in effect 
                in tax year 2010, as provided for under title 
                IV of EGTRRA and any later amendments through 
                December 31, 2009.
                    (H) The 25 and 28 percent brackets as in 
                effect for tax year 2010, as provided for under 
                section 101(a) of EGTRRA and any later 
                amendments through December 31, 2009.
                    (I) The 33 percent bracket as in effect for 
                tax year 2010, as provided for under section 
                101(a) of EGTRRA and any later amendment 
                through December 31, 2009, affecting taxpayers 
                with adjusted gross income of $200,000 or less 
                for single filers and $250,000 or less for 
                joint filers in tax year 2010, with these 
                income levels indexed for inflation in each 
                subsequent year consistent with subsection (g).
                    (J) The rates on income derived from 
                capital gains and qualified dividends as in 
                effect for tax year 2010, as provided for under 
                sections 301 and 302 of JGTRRA and any later 
                amendment through December 31, 2009, affecting 
                taxpayers with adjusted gross income of 
                $200,000 or less for single filers and $250,000 
                for joint filers with these income levels 
                indexed for inflation in each subsequent year 
                consistent with subsection (g).
                    (K) The phaseout of personal exemptions and 
                the overall limitation on itemized deductions 
                as in effect for tax year 2010, as provided for 
                under sections 102 and 103 of EGTRRA of 2001, 
                respectively, and any later amendment through 
                December 31, 2009, affecting taxpayer with 
                adjusted gross income of $200,000 or less for 
                single filers and $250,000 for joint filers, 
                with these income levels indexed for inflation 
                in each subsequent year consistent with 
                subsection (g).
                    (L) The increase in the limitations on 
                expensing depreciable business assets for small 
                businesses under section 179(b) of the Internal 
                Revenue Code of 1986 as in effect in tax year 
                2010, as provided under section 202 of JGTRRA 
                \68\ and any later amendment through December 
                31, 2009.
---------------------------------------------------------------------------
    \68\ 26 U.S.C. 179(b).
---------------------------------------------------------------------------
            (2) Adjustment.--The amount of the maximum current 
        policy adjustment shall be the difference between--
                    (A) total revenues projected to be 
                collected and outlays to be paid under the 
                Internal Revenue Code of 1986 (as scheduled on 
                December 31, 2009, to be in effect); and
                    (B) what those revenue collections and 
                outlay payments would have been if, on the date 
                of enactment of legislation meeting the 
                criteria in paragraph (1), the provisions 
                identified in paragraph (1) were made 
                permanent.
            (3) Limitation.--If the provisions in the 
        legislation that cause it to meet the criteria in 
        paragraph (1) are not permanent, subject to the maximum 
        adjustment provided for under paragraph (2), the amount 
        of each current policy adjustment made pursuant to this 
        section shall be limited to the difference between--
                    (A) total revenues projected to be 
                collected and outlays to be paid under the 
                Internal Revenue Code of 1986 (as scheduled on 
                December 31, 2009, to be in effect for the 
                period of time covered by the relevant 
                provisions of the eligible legislation); and
                    (B) what those revenue collections and 
                outlay payments would have been if, on the date 
                of enactment of legislation meeting the 
                criteria in paragraph (1), the provisions 
                identified in paragraph (1) had been in effect, 
                without change, for the same period of time 
                covered by the relevant provisions of the 
                eligible legislation as under subparagraph (A).
    (g) Indexing for Inflation.--Indexed amounts are assumed to 
increase in each year by an amount equal to the cost-of-living 
adjustment determined under section 1(f)(3) of the Internal 
Revenue Code of 1986 \69\ for the calendar year in which the 
taxable year begins, determined by substituting ``calendar year 
2008'' for ``calendar year 1992'' in subparagraph (B) of such 
section.
---------------------------------------------------------------------------
    \69\ 26 U.S.C. 1(f)(3).
---------------------------------------------------------------------------
    (h) Guidance on Estimates and Current Policy Adjustments.--
            (1) Middle class tax cuts.--For purposes of 
        estimates made pursuant to subsection (f)--
                    (A) each of the income tax provisions shall 
                be estimated as though the AMT had remained at 
                current law as scheduled on December 31, 2009 
                to be in effect; and
                    (B) if more than 1 of the income tax 
                provisions is included in a single piece of 
                legislation, those provisions shall be 
                estimated in the order in which they appear.
            (2) AMT.--For purposes of estimates made pursuant 
        to subsection (e), changes to the AMT shall be 
        estimated as if, on the date of enactment of 
        legislation meeting the criteria in subsection (e)(1), 
        all of the income tax provisions identified in 
        subsection (f)(1) were made permanent.

SEC. 8. [2 U.S.C. 937] APPLICATION OF BBEDCA.

    For purposes of this title--
            (1) notwithstanding section 275 of BBEDCA,\70\ the 
        provisions of sections 255, 256, 257, and 274 of 
        BBEDCA, as amended by this title, shall apply to the 
        provisions of this title;
---------------------------------------------------------------------------
    \70\ Section 275 of BBEDCA was repealed by the Budget Control Act 
(Public Law 112-39). By repealing section 275 of BBEDCA, the Budget 
Control Act (Public Law 112-39) made all the provisions of BBEDCA 
permanent.
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            (2) references in sections 255, 256, 257, and 274 
        to ``this part'' or ``this title'' shall be interpreted 
        as applying to this title;
            (3) references in sections 255, 256, 257, and 274 
        of BBEDCA to ``section 254'' shall be interpreted as 
        referencing section 5 of this title;
            (4) the reference in section 256(b) of BBEDCA to 
        ``section 252 or 253'' shall be interpreted as 
        referencing section 5 of this title;
            (5) the reference in section 256(d)(1) of BBEDCA to 
        ``section 252 or 253'' shall be interpreted as 
        referencing section 6 of this title;
            (6) the reference in section 256(d)(4) of BBEDCA to 
        ``section 252 or 253'' shall be interpreted as 
        referencing section 5 of this title;
            (7) section 256(k) of BBEDCA shall apply to a 
        sequestration, if any, under this title; and
            (8) references in section 257(e) of BBEDCA to 
        ``section 251, 252, or 253'' shall be interpreted as 
        referencing section 4 of this title.

SEC. 9. TECHNICAL CORRECTIONS.

    (a) Section 250(c)(18) of BBEDCA is amended by striking 
``the expenses the Federal deposit insurance agencies'' and 
inserting ``the expenses of the Federal deposit insurance 
agencies''.
    (b) Section 256(k)(1) of BBEDCA is amended by striking ``in 
paragraph (5)'' and inserting ``in paragraph (6)''.

SEC. 10. CONFORMING AMENDMENTS.

    (a) Section 256(a) of BBEDCA is repealed.\71\
---------------------------------------------------------------------------
    \71\ Before its repeal, section 256(a) read as follows:
        (a) Automatic Spending Increases.--Automatic spending increases 
are increases in outlays due to changes in indexes in the following 
programs:
            (1) Special milk program; and
            (2) Vocational rehabilitation basic State grants.
    In those programs all amounts other than the automatic spending 
increases shall be exempt from reduction under any order issued under 
this part.
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    (b) Section 256(b) of BBEDCA is amended by striking 
``origination fees under sections 438(c)(2) and 455(c) of that 
Act shall each be increased by 0.50 percentage point.'' And 
inserting in lieu thereof ``origination fees under sections 
438(c)(2) and (6) and 455(c) and loan processing and issuance 
fees under section 428(f)(1)(A)(ii) of that Act shall each be 
increased by the uniform percentage specified in that 
sequestration order, and, for student loans originated during 
the period of the sequestration, special allowance payments 
under section 438(b) of that Act accruing during the period of 
the sequestration shall be reduced by the uniform percentage 
specified in that sequestration order.''.
    (c) Section 256(c) of BBEDCA is repealed.\72\
---------------------------------------------------------------------------
    \72\ Before its repeal, section 256(c) read as follows:
        (c) Treatment of Foster Care and Adoption Assistance 
Programs.--Any order issued by the President under section 254 shall 
make the reduction which is otherwise required under the foster care 
and adoption assistance programs (established by part E of title IV of 
the Social Security Act) only with respect to payments and expenditures 
made by States in which increases in foster care maintenance payment 
rates or adoption assistance payment rates (or both) are to take effect 
during the fiscal year involved, and only to the extent that the 
required reduction can be accomplished by applying a uniform percentage 
reduction to the Federal matching payments that each such State would 
otherwise receive under section 474 of that Act (for such fiscal year) 
for that portion of the State's payments which is attributable to the 
increases taking effect during that year. No State's matching payments 
from the Federal Government for foster care maintenance payments or for 
adoption assistance maintenance payments may be reduced by a percentage 
exceeding the applicable domestic sequestration percentage. No State 
may, after the date of the enactment of this joint resolution, make any 
change in the timetable for making payments under a State plan approved 
under part E of title IV of the Social Security Act which has the 
effect of changing the fiscal year in which expenditures under such 
part are made.
---------------------------------------------------------------------------
    (d) Section 256(d) of BBEDCA is amended--
            (1) by redesignating paragraphs (2), (3), and (4) 
        as paragraphs (3), (5), and (6);
            (2) by amending paragraph (1) to read as follows:
            ``(1) Calculation of reduction in payment 
        amounts.--To achieve the total percentage reduction in 
        those programs required by section 252 or 253, subject 
        to paragraph (2), and notwithstanding section 710 of 
        the Social Security Act, OMB shall determine, and the 
        applicable Presidential order under section 254 shall 
        implement, the percentage reduction that shall apply, 
        with respect to the health insurance programs under 
        title XVIII of the Social Security Act--
                    ``(A) in the case of parts A and B of such 
                title, to individual payments for services 
                furnished during the one-year period beginning 
                on the first day of the first month beginning 
                after the date the order is issued (or, if 
                later, the date specified in paragraph (4)); 
                and ``(B) in the case of parts C and D, to 
                monthly payments under contracts under such 
                parts for the same one-year period; such that 
                the reduction made in payments under that order 
                shall achieve the required total percentage 
                reduction in those payments for that period.''.
            (3) by inserting after paragraph (1) the following:
            ``(2) Uniform reduction rate; maximum permissible 
        reduction.--Reductions in payments for programs and 
        activities under such title XVIII pursuant to a 
        sequestration order under section 254 shall be at a 
        uniform rate, which shall not exceed 4 percent, across 
        all such programs and activities subject to such 
        order.'';
            (4) by inserting after paragraph (3), as 
        redesignated, the following:
            ``(4) Timing of subsequent sequestration order.--A 
        sequestration order required by section 252 or 253 with 
        respect to programs under such title XVIII shall not 
        take effect until the first month beginning after the 
        end of the effective period of any prior sequestration 
        order with respect to such programs, as determined in 
        accordance with paragraph (1).'';
            (5) in paragraph (6), as redesignated, to read as 
        follows:
            ``(6) Sequestration disregarded in computing 
        payment amounts.--The Secretary of Health and Human 
        Services shall not take into account any reductions in 
        payment amounts which have been or may be effected 
        under this part, for purposes of computing any 
        adjustments to payment rates under such title XVIII, 
        specifically including--
                    ``(A) the part C growth percentage under 
                section 1853(c)(6);
                    ``(B) the part D annual growth rate under 
                section 1860D-2(b)(6); and
                    ``(C) application of risk corridors to part 
                D payment rates under section 1860D-15(e).''; 
                and
            (6) by adding after paragraph (6), as redesignated, 
        the following:
            ``(7) Exemptions from sequestration.--In addition 
        to the programs and activities specified in section 
        255, the following shall be exempt from sequestration 
        under this part:
                    ``(A) Part D low-income subsidies.--Premium 
                and cost-sharing subsidies under section 1860D-
                14 of the Social Security Act.
                    ``(B) Part D catastrophic subsidy.--
                Payments under section 1860D-15(b) and 
                (e)(2)(B) of the Social Security Act.
                    ``(C) Qualified individual (QI) premiums.--
                Payments to States for coverage of Medicare 
                cost-sharing for certain low-income Medicare 
                beneficiaries under section 1933 of the Social 
                Security Act.''.

SEC. 11. EXEMPT PROGRAMS AND ACTIVITIES.

    (a) Designations.--Section 255 of BBEDCA is amended by 
redesignating subsection (i) as (j) and striking ``1998'' and 
inserting in lieu thereof ``2010''.
    (b) Social Security, Veterans Programs, Net Interest, and 
Tax Credits.--Subsections (a) through (d) of section 255 of 
BBEDCA are amended to read as follows:
    ``(a) Social Security Benefits and Tier I Railroad 
Retirement Benefits.--Benefits payable under the old-age, 
survivors, and disability insurance program established under 
title II of the Social Security Act (42 U.S.C. 401 et seq.), 
and benefits payable under section 231b(a), 231b(f)(2), 
231c(a), and 231c(f) of title 45 United States Code, shall be 
exempt from reduction under any order issued under this part.
    ``(b) Veterans Programs.--The following programs shall be 
exempt from reduction under any order issued under this part:
    ``All programs administered by the Department of Veterans 
Affairs.
    ``Special Benefits for Certain World War II Veterans (28-
0401-0-1-701).
    ``(c) Net Interest.--No reduction of payments for net 
interest (all of major functional category 900) shall be made 
under any order issued under this part.
    ``(d) Refundable Income Tax Credits.--Payments to 
individuals made pursuant to provisions of the Internal Revenue 
Code of 1986 establishing refundable tax credits shall be 
exempt from reduction under any order issued under this 
part.''.
    (c) Other Programs and Activities, Low-income Programs, and 
Economic Recovery Programs.--Subsections (g) and (h) of section 
255 of BBEDCA are amended to read as follows:
    ``(g) Other Programs and Activities:
            ``(1)(A) The following budget accounts and 
        activities shall be exempt from reduction under any 
        order issued under this part:
            ``Activities resulting from private donations, 
        bequests, or voluntary contributions to the Government.
            ``Activities financed by voluntary payments to the 
        Government for goods or services to be provided for 
        such payments.
            ``Administration of Territories, Northern Mariana 
        Islands Covenant grants (14-0412-0-1-808).
            ``Advances to the Unemployment Trust Fund and Other 
        Funds (16-0327-0-1-600).
            ``Black Lung Disability Trust Fund Refinancing (16-
        0329-0-1-601).
            ``Bonneville Power Administration Fund and 
        borrowing authority established pursuant to section 13 
        of Public Law 93-454 (1974), as amended (89-4045-0-3-
        271).
            ``Claims, Judgments, and Relief Acts (20-1895-0-1-
        808).
            ``Compact of Free Association (14-0415-0-1-808).
            ``Compensation of the President (11-0209-01-1-802).
            ``Comptroller of the Currency, Assessment Funds 
        (20-8413-0-8-373).
            ``Continuing Fund, Southeastern Power 
        Administration (89-5653-0-2-271).
            ``Continuing Fund, Southwestern Power 
        Administration (89-5649-0-2-271).
            ``Dual Benefits Payments Account (60-0111-0-1-601).
            ``Emergency Fund, Western Area Power Administration 
        (89-5069-0-2-271).
            ``Exchange Stabilization Fund (20-4444-0-3-155).
            ``Farm Credit Administration Operating Expenses 
        Fund (78-4131-0-3-351).
            ``Farm Credit System Insurance Corporation, Farm 
        Credit Insurance Fund (78-4171-0-3-351).
            ``Federal Deposit Insurance Corporation, Deposit 
        Insurance Fund (51-4596-0-4-373).
            ``Federal Deposit Insurance Corporation, FSLIC 
        Resolution Fund (51-4065-0-3-373).
            ``Federal Deposit Insurance Corporation, 
        Noninterest Bearing Transaction Account Guarantee (51-
        4458-0-3-373).
            ``Federal Deposit Insurance Corporation, Senior 
        Unsecured Debt Guarantee (51-4457-0-3-373).
            ``Federal Home Loan Mortgage Corporation (Freddie 
        Mac).
            ``Federal Housing Finance Agency, Administrative 
        Expenses (95-5532-0-2-371).
            ``Federal National Mortgage Corporation (Fannie 
        Mae).
            ``Federal Payment to the District of Columbia 
        Judicial Retirement and Survivors Annuity Fund (20-
        1713-0-1-752).
            ``Federal Payment to the District of Columbia 
        Pension Fund (20-1714-0-1-601).
            ``Federal Payments to the Railroad Retirement 
        Accounts (60-0113-0-1-601).
            ``Federal Reserve Bank Reimbursement Fund (20-1884-
        0-1-803).
            ``Financial Agent Services (20-1802-0-1-803).
            ``Foreign Military Sales Trust Fund (11-8242-0-7-
        155).
            ``Hazardous Waste Management, Conservation Reserve 
        Program (12-4336-0-3-999).
            ``Host Nation Support Fund for Relocation (97-8337-
        0-7-051).
            ``Internal Revenue Collections for Puerto Rico (20-
        5737-0-2-806).
            ``Intragovernmental funds, including those from 
        which the outlays are derived primarily from resources 
        paid in from other government accounts, except to the 
        extent such funds are augmented by direct 
        appropriations for the fiscal year during which an 
        order is in effect.
            ``Medical Facilities Guarantee and Loan Fund (75-
        9931-0-3-551).
            ``National Credit Union Administration, Central 
        Liquidity Facility (25-4470-0-3-373).
            ``National Credit Union Administration, Corporate 
        Credit Union Share Guarantee Program (25-4476-0-3-376).
            ``National Credit Union Administration, Credit 
        Union Homeowners Affordability Relief Program (25-4473-
        0-3-371).
            ``National Credit Union Administration, Credit 
        Union Share Insurance Fund (25-4468-0-3-373).
            ``National Credit Union Administration, Credit 
        Union System Investment Program (25-4474-0-3-376).
            ``National Credit Union Administration, Operating 
        fund (25-4056-0-3-373).
            ``National Credit Union Administration, Share 
        Insurance Fund Corporate Debt Guarantee Program (25-
        4469-0-3-376).
            ``National Credit Union Administration, U.S. 
        Central Federal Credit Union Capital Program (25-4475-
        0-3-376).
            ``Office of Thrift Supervision (20-4108-0-3-373).
            ``Panama Canal Commission Compensation Fund (16-
        5155-0-2-602).
            ``Payment of Vietnam and USS Pueblo prisoner-of-war 
        claims within the Salaries and Expenses, Foreign Claims 
        Settlement account (15-0100-0-1-153).
            ``Payment to Civil Service Retirement and 
        Disability Fund (24-0200-0-1-805).
            ``Payment to Department of Defense Medicare-
        Eligible Retiree Health Care Fund (97-0850-0-1-054).
            ``Payment to Judiciary Trust Funds (10-0941-0-1-
        752).
            ``Payment to Military Retirement Fund (97-0040-0-1-
        054).
            ``Payment to the Foreign Service Retirement and 
        Disability Fund (19-0540-0-1-153).
            ``Payments to Copyright Owners (03-5175-0-2-376).
            ``Payments to Health Care Trust Funds (75-0580-0-1-
        571).
            ``Payment to Radiation Exposure Compensation Trust 
        Fund (15-0333-0-1-054).
            ``Payments to Social Security Trust Funds (28-0404-
        0-1-651).
            ``Payments to the United States Territories, Fiscal 
        Assistance (14-0418-0-1-806).
            ``Payments to trust funds from excise taxes or 
        other receipts properly creditable to such trust funds.
            ``Payments to widows and heirs of deceased Members 
        of Congress (00-0215-0-1-801).
            ``Postal Service Fund (18-4020-0-3-372).
            ``Radiation Exposure Compensation Trust Fund (15-
        8116-0-1-054).
            ``Reimbursement to Federal Reserve Banks (20-0562-
        0-1-803).
            ``Salaries of Article III judges.
            ``Soldiers and Airmen's Home, payment of claims 
        (84-8930-0-7-705).
            ``Tennessee Valley Authority Fund, except nonpower 
        programs and activities (64-4110-0-3-999).
            ``Tribal and Indian trust accounts within the 
        Department of the Interior which fund prior legal 
        obligations of the Government or which are established 
        pursuant to Acts of Congress regarding Federal 
        management of tribal real property or other fiduciary 
        responsibilities, including but not limited to Tribal 
        Special Fund (14-5265-0-2-452), Tribal Trust Fund (14-
        8030-0-7-452), White Earth Settlement (14-2204-0-1-
        452), and Indian Water Rights and Habitat Acquisition 
        (14-5505-0-2-303).
            ``United Mine Workers of America 1992 Benefit Plan 
        (95-8260-0-7-551).
            ``United Mine Workers of America 1993 Benefit Plan 
        (95-8535-0-7-551).
            ``United Mine Workers of America Combined Benefit 
        Fund (95-8295-0-7-551).
            ``United States Enrichment Corporation Fund (95-
        4054-0-3-271).
            ``Universal Service Fund (27-5183-0-2-376).
            ``Vaccine Injury Compensation (75-0320-0-1-551).
            ``Vaccine Injury Compensation Program Trust Fund 
        (20-8175-0-7-551).
            ``(B) The following Federal retirement and 
        disability accounts and activities shall be exempt from 
        reduction under any order issued under this part:
            ``Black Lung Disability Trust Fund (20-8144-0-7-
        601).
            ``Central Intelligence Agency Retirement and 
        Disability System Fund (56-3400-0-1-054).
            ``Civil Service Retirement and Disability Fund (24-
        8135-0-7-602).
            ``Comptrollers general retirement system (05-0107-
        0-1-801).
            ``Contributions to U.S. Park Police annuity 
        benefits, Other Permanent Appropriations (14-9924-0-2-
        303).
            ``Court of Appeals for Veterans Claims Retirement 
        Fund (95-8290-0-7-705).
            ``Department of Defense Medicare-Eligible Retiree 
        Health Care Fund (97-5472-0-2-551).
            ``District of Columbia Federal Pension Fund (20-
        5511-0-2-601).
            ``District of Columbia Judicial Retirement and 
        Survivors Annuity Fund (20-8212-0-7-602).
            ``Energy Employees Occupational Illness 
        Compensation Fund (16-1523-0-1-053).
            ``Foreign National Employees Separation Pay (97-
        8165-0-7-051).
            ``Foreign Service National Defined Contributions 
        Retirement Fund (19-5497-0-2-602).
            ``Foreign Service National Separation Liability 
        Trust Fund (19-8340-0-7-602).
            ``Foreign Service Retirement and Disability Fund 
        (19-8186-0-7-602).
            ``Government Payment for Annuitants, Employees 
        Health Benefits (24-0206-0-1-551).
            ``Government Payment for Annuitants, Employee Life 
        Insurance (24-0500-0-1-602).
            ``Judicial Officers'' Retirement Fund (10-8122-0-7-
        602).
            ``Judicial Survivors'' Annuities Fund (10-8110-0-7-
        602).
            ``Military Retirement Fund (97-8097-0-7-602).
            ``National Railroad Retirement Investment Trust 
        (60-8118-0-7-601).
            ``National Oceanic and Atmospheric Administration 
        retirement (13-1450-0-1-306).
            ``Pensions for former Presidents (47-0105-0-1-802).
            ``Postal Service Retiree Health Benefits Fund (24-
        5391-0-2-551).
            ``Public Safety Officer Benefits (15-0403-0-1-754).
            ``Rail Industry Pension Fund (60-8011-0-7-601).
            ``Retired Pay, Coast Guard (70-0602-0-1-403).
            ``Retirement Pay and Medical Benefits for 
        Commissioned Officers, Public Health Service (75-0379-
        0-1-551).
            ``Special Benefits for Disabled Coal Miners (16-
        0169-0-1-601).
            ``Special Benefits, Federal Employees'' 
        Compensation Act (16-1521-0-1-600).
            ``Special Workers Compensation Expenses (16-9971-0-
        7-601).
            ``Tax Court Judges Survivors Annuity Fund (23-8115-
        0-7-602).
            ``United States Court of Federal Claims Judges'' 
        Retirement Fund (10-8124-0-7-602).
            ``United States Secret Service, DC Annuity (70-
        0400-0-1-751).
            ``Voluntary Separation Incentive Fund (97-8335-0-7-
        051).
            ``(2) Prior legal obligations of the Government in 
        the following budget accounts and activities shall be 
        exempt from any order issued under this part:
            ``Biomass Energy Development (20-0114-0-1-271).
            ``Check Forgery Insurance Fund (20-4109-0-3-803).
            ``Credit liquidating accounts.
            ``Credit reestimates.
            ``Employees Life Insurance Fund (24-8424-0-8-602).
            ``Federal Aviation Insurance Revolving Fund (69-
        4120-0-3-402).
            ``Federal Crop Insurance Corporation Fund (12-4085-
        0-3-351).
            ``Federal Emergency Management Agency, National 
        Flood Insurance Fund (58-4236-0-3-453).
            ``Geothermal resources development fund (89-0206-0-
        1-271).
            ``Low-Rent Public Housing--Loans and Other Expenses 
        (86-4098-0-3-604).
            ``Maritime Administration, War Risk Insurance 
        Revolving Fund (69-4302-0-3-403).
            ``Natural Resource Damage Assessment Fund (14-1618-
        0-1-302).
            ``Overseas Private Investment Corporation, 
        Noncredit Account (71-4184-0-3-151).
            ``Pension Benefit Guaranty Corporation Fund (16-
        4204-0-3-601).
            ``San Joaquin Restoration Fund (14-5537-0-2-301).
            ``Servicemembers'' Group Life Insurance Fund (36-
        4009-0-3-701).
            ``Terrorism Insurance Program (20-0123-0-1-376).
            ``(h) Low-income Programs--The following programs 
        shall be exempt from reduction under any order issued 
        under this part:
            ``Academic Competitiveness/Smart Grant Program (91-
        0205-0-1-502).
            ``Child Care Entitlement to States (75-1550-0-1-
        609).
            ``Child Enrollment Contingency Fund (75-5551-0-2-
        551).
            ``Child Nutrition Programs (with the exception of 
        special milk programs) (12-3539-0-1-605).
            ``Children's Health Insurance Fund (75-0515-0-1-
        551).
            ``Commodity Supplemental Food Program (12-3507-0-1-
        605).
            ``Contingency Fund (75-1522-0-1-609).
            ``Family Support Programs (75-1501-0-1-609).
            ``Federal Pell Grants under section 401 Title IV of 
        the Higher Education Act.
            ``Grants to States for Medicaid (75-0512-0-1-551).
            ``Payments for Foster Care and Permanency (75-1545-
        0-1-609).
            ``Supplemental Nutrition Assistance Program (12-
        3505-0-1-605).
            ``Supplemental Security Income Program (28-0406-0-
        1-609).
            ``Temporary Assistance for Needy Families (75-1552-
        0-1-609).''.
            (d) Additional Excluded Programs--Section 255 of 
        BBEDCA is amended by adding the following after 
        subsection (h):
            ``(i) Economic Recovery Programs--The following 
        programs shall be exempt from reduction under any order 
        issued under this part:
            ``GSE Preferred Stock Purchase Agreements (20-0125-
        0-1-371).
            ``Office of Financial Stability (20-0128-0-1-376).
            ``Special Inspector General for the Troubled Asset 
        Relief Program (20-0133-0-1-76).
            ``(j) Split Treatment Programs--Each of the 
        following programs shall be exempt from any order under 
        this part to the extent that the budgetary resources of 
        such programs are ubject to obligation limitations in 
        appropriations bills:
            ``Federal-Aid Highways (69-8083-0-7-401).
            ``Highway Traffic Safety Grants (69-8020-0-7-401).
            ``Operations and Research NHTSA and National Driver 
        Register (69-8016-0-7-401).
            ``Motor Carrier Safety Operations and Programs (69-
        8159-0-7-401).
            ``Motor Carrier Safety Grants (69-8158-0-7-401).
            ``Formula and Bus Grants (69-8350-0-7-401).
            ``Grants-In-Aid for Airports (69-8106-0-7-402).''.

SEC. 12. [2 U.S.C. 938] DETERMINATIONS AND POINTS OF ORDER.

    Nothing in this title shall be construed as limiting the 
authority of the chairmen of the Committees on the Budget of 
the House and Senate under section 312 of the Congressional 
Budget Act of 1974. CBO may consult with the Chairmen of the 
House and Senate Budget Committees to resolve any ambiguities 
in this title.

SEC. 13. [2 U.S.C. 939] LIMITATION ON CHANGES TO THE SOCIAL SECURITY 
                    ACT.

    (a) Limitation on Changes to the 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 bill or resolution pursuant to any expedited procedure to 
consider the recommendations of a Task Force for Responsible 
Fiscal Action or other commission that contains recommendations 
with respect to the old-age, survivors, and disability 
insurance program established under title II of the Social 
Security Act, or the taxes received under subchapter A of 
chapter 9; the taxes imposed by subchapter E of chapter 1; and 
the taxes collected under section 86 of part II of subchapter B 
of chapter 1 of the Internal Revenue Code.
    (b) Waiver.--This section may be waived or suspended in the 
Senate only by the affirmative vote of three-fifths of the 
Members, duly chosen and sworn.
    (c) Appeals.--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 this section.

                Title II--Elimination of Duplicative and
                           Wasteful Spending

SEC. 21. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF DUPLICATIVE 
                    GOVERNMENT PROGRAMS.

    The Comptroller General of the Government Accountability 
Office shall conduct routine investigations to identify 
programs, agencies, offices, and initiatives with duplicative 
goals and activities within Departments and governmentwide and 
report annually to Congress on the findings, including the cost 
of such duplication and with recommendations for consolidation 
and elimination to reduce duplication identifying specific 
rescissions.END OF STATUTE deg.
    

======================================================================


                       BUDGET CONTROL ACT OF 2011

======================================================================


                       BUDGET CONTROL ACT OF 2011

                          (Public Law 112-25)
                 AN ACT To provide for budget control.

SECTION 1.   SHORT TITLE; TABLE OF CONTENTS.

    (a) [2 U.S.C. 900 note] Short Title.--This Act may be cited 
as the ``Budget Control Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act 
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Severability.

           TITLE I--TEN-YEAR DISCRETIONARY CAPS WITH SEQUESTER

Sec. 101. Enforcing discretionary spending limits.
Sec. 102. Definitions.
Sec. 103. Reports and orders.
Sec. 104. Expiration.
Sec. 105. Amendments to the Congressional Budget and Impoundment Control 
          Act of 1974.
Sec. 106. Senate budget enforcement.

             TITLE II--VOTE ON THE BALANCED BUDGET AMENDMENT

Sec. 201. Vote on the balanced budget amendment.
Sec. 202. Consideration by the other House.

               TITLE III--DEBT CEILING DISAPPROVAL PROCESS

Sec. 301. Debt ceiling disapproval process.
Sec. 302. Enforcement of budget goal.

          TITLE IV--JOINT SELECT COMMITTEE ON DEFICIT REDUCTION

Sec. 401. Establishment of Joint Select Committee.
Sec. 402. Expedited consideration of joint committee recommendations.
Sec. 403. Funding.
Sec. 404. Rulemaking.

          TITLE V--PELL GRANT AND STUDENT LOAN PROGRAM CHANGES

Sec. 501. Federal Pell grants.
Sec. 502. Termination of authority to make interest subsidized loans to 
          graduate and professional students.
Sec. 503. Termination of direct loan repayment incentives.
Sec. 504. Inapplicability of title IV negotiated rulemaking and master 
          calendar exception.

SEC. 2. [2 U.S.C. 900 NOTE] SEVERABILITY.

    If any provision of this Act, or any application of such 
provision to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act and the application 
of this Act to any other person or circumstance shall not be 
affected.

                  Title I--Ten-Year Discretionary Caps
                             With Sequester

SEC. 101. ENFORCING DISCRETIONARY SPENDING LIMITS.

    Section 251 of the Balanced Budget and Emergency Deficit 
Control Act of 1985 is amended to read as follows:

``SEC. 251. ENFORCING DISCRETIONARY SPENDING LIMITS.

    ``(a) Enforcement.--
            ``(1) Sequestration.--Within 15 calendar days after 
        Congress adjourns to end a session there shall be a 
        sequestration to eliminate a budget-year breach, if 
        any, within any category.
            ``(2) Eliminating a breach.--Each non-exempt 
        account within a category shall be reduced by a dollar 
        amount calculated by multiplying the enacted level of 
        sequestrable budgetary resources in that account at 
        that time by the uniform percentage necessary to 
        eliminate a breach within that category.
            ``(3) Military personnel.--If the President uses 
        the authority to exempt any personnel account from 
        sequestration under section 255(f), each account within 
        subfunctional category 051 (other than those military 
        personnel accounts for which the authority provided 
        under section 255(f) has been exercised) shall be 
        further reduced by a dollar amount calculated by 
        multiplying the enacted level of non-exempt budgetary 
        resources in that account at that time by the uniform 
        percentage necessary to offset the total dollar amount 
        by which outlays are not reduced in military personnel 
        accounts by reason of the use of such authority.
            ``(4) Part-year appropriations.--If, on the date 
        specified in paragraph (1), there is in effect an Act 
        making or continuing appropriations for part of a 
        fiscal year for any budget account, then the dollar 
        sequestration calculated for that account under 
        paragraphs (2) and (3) shall be subtracted from--
                    ``(A) the annualized amount otherwise 
                available by law in that account under that or 
                a subsequent part-year appropriation; and
                    ``(B) when a full-year appropriation for 
                that account is enacted, from the amount 
                otherwise provided by the full-year 
                appropriation for that account.
            ``(5) Look-back.--If, after June 30, an 
        appropriation for the fiscal year in progress is 
        enacted that causes a breach within a category for that 
        year (after taking into account any sequestration of 
        amounts within that category), the discretionary 
        spending limits for that category for the next fiscal 
        year shall be reduced by the amount or amounts of that 
        breach.
            ``(6) Within-session sequestration.--If an 
        appropriation for a fiscal year in progress is enacted 
        (after Congress adjourns to end the session for that 
        budget year and before July 1 of that fiscal year) that 
        causes a breach within a category for that year (after 
        taking into account any prior sequestration of amounts 
        within that category), 15 days later there shall be a 
        sequestration to eliminate that breach within that 
        category following the procedures set forth in 
        paragraphs (2) through (4).
            ``(7) Estimates.--
                    ``(A) CBO estimates.--As soon as 
                practicable after Congress completes action on 
                any discretionary appropriation, CBO, after 
                consultation with the Committees on the Budget 
                of the House of Representatives and the Senate, 
                shall provide OMB with an estimate of the 
                amount of discretionary new budget authority 
                and outlays for the current year, if any, and 
                the budget year provided by that legislation.
                    ``(B) OMB estimates and explanation of 
                differences.--Not later than 7 calendar days 
                (excluding Saturdays, Sundays, and legal 
                holidays) after the date of enactment of any 
                discretionary appropriation, OMB shall transmit 
                a report to the House of Representatives and to 
                the Senate containing the CBO estimate of that 
                legislation, an OMB estimate of the amount of 
                discretionary new budget authority and outlays 
                for the current year, if any, and the budget 
                year provided by that legislation, and an 
                explanation of any difference between the 2 
                estimates. If during the preparation of the 
                report OMB determines that there is a 
                significant difference between OMB and CBO, OMB 
                shall consult with the Committees on the Budget 
                of the House of Representatives and the Senate 
                regarding that difference and that consultation 
                shall include, to the extent practicable, 
                written communication to those committees that 
                affords such committees the opportunity to 
                comment before the issuance of the report.
                    ``(C) Assumptions and guidelines.--OMB 
                estimates under this paragraph shall be made 
                using current economic and technical 
                assumptions. OMB shall use the OMB estimates 
                transmitted to the Congress under this 
                paragraph. OMB and CBO shall prepare estimates 
                under this paragraph in conformance with 
                scorekeeping guidelines determined after 
                consultation among the Committees on the Budget 
                of the House of Representatives and the Senate, 
                CBO, and OMB.
                    ``(D) Annual appropriations.--For purposes 
                of this paragraph, amounts provided by annual 
                appropriations shall include any discretionary 
                appropriations for the current year, if any, 
                and the budget year in accounts for which 
                funding is provided in that legislation that 
                result from previously enacted legislation.
    ``(b) Adjustments to Discretionary Spending Limits.--
            ``(1) Concepts and definitions.--When the President 
        submits the budget under section 1105 of title 31, 
        United States Code, OMB shall calculate and the budget 
        shall include adjustments to discretionary spending 
        limits (and those limits as cumulatively adjusted) for 
        the budget year and each outyear to reflect changes in 
        concepts and definitions. Such changes shall equal the 
        baseline levels of new budget authority and outlays 
        using up-to-date concepts and definitions, minus those 
        levels using the concepts and definitions in effect 
        before such changes. Such changes may only be made 
        after consultation with the Committees on 
        Appropriations and the Budget of the House of 
        Representatives and the Senate, and that consultation 
        shall include written communication to such committees 
        that affords such committees the opportunity to comment 
        before official action is taken with respect to such 
        changes.
            ``(2) Sequestration reports.--When OMB submits a 
        sequestration report under section 254(e), (f), or (g) 
        for a fiscal year, OMB shall calculate, and the 
        sequestration report and subsequent budgets submitted 
        by the President under section 1105(a) of title 31, 
        United States Code, shall include adjustments to 
        discretionary spending limits (and those limits as 
        adjusted) for the fiscal year and each succeeding year, 
        as follows:
                    ``(A) Emergency appropriations; overseas 
                contingency operations/global war on 
                terrorism.--If, for any fiscal year, 
                appropriations for discretionary accounts are 
                enacted that--
                            ``(i) the Congress designates as 
                        emergency requirements in statute on an 
                        account by account basis and the 
                        President subsequently so designates, 
                        or
                            ``(ii) the Congress designates for 
                        Overseas Contingency Operations/Global 
                        War on Terrorism in statute on an 
                        account by account basis and the 
                        President subsequently so designates,
                the adjustment shall be the total of such 
                appropriations in discretionary accounts 
                designated as emergency requirements or for 
                Overseas Contingency Operations/Global War on 
                Terrorism, as applicable.
                    ``(B) Continuing disability reviews and 
                redeterminations.--(i) If a bill or joint 
                resolution making appropriations for a fiscal 
                year is enacted that specifies an amount for 
                continuing disability reviews under titles II 
                and XVI of the Social Security Act and for the 
                cost associated with conducting 
                redeterminations of eligibility under title XVI 
                of the Social Security Act, then the 
                adjustments for that fiscal year shall be the 
                additional new budget authority provided in 
                that Act for such expenses for that fiscal 
                year, but shall not exceed--
                            ``(I) for fiscal year 2012, 
                        $623,000,000 in additional new budget 
                        authority;
                            ``(II) for fiscal year 2013, 
                        $751,000,000 in additional new budget 
                        authority;
                            ``(III) for fiscal year 2014, 
                        $924,000,000 in additional new budget 
                        authority;
                            ``(IV) for fiscal year 2015, 
                        $1,123,000,000 in additional new budget 
                        authority;
                            ``(V) for fiscal year 2016, 
                        $1,166,000,000 in additional new budget 
                        authority;
                            ``(VI) for fiscal year 2017, 
                        $1,309,000,000 in additional new budget 
                        authority;
                            ``(VII) for fiscal year 2018, 
                        $1,309,000,000 in additional new budget 
                        authority;
                            ``(VIII) for fiscal year 2019, 
                        $1,309,000,000 in additional new budget 
                        authority;
                            ``(IX) for fiscal year 2020, 
                        $1,309,000,000 in additional new budget 
                        authority; and
                            ``(X) for fiscal year 2021, 
                        $1,309,000,000 in additional new budget 
                        authority.
                    ``(ii) As used in this subparagraph--
                            ``(I) the term `continuing 
                        disability reviews' means continuing 
                        disability reviews under sections 
                        221(i) and 1614(a)(4) of the Social 
                        Security Act;
                            ``(II) the term `redetermination' 
                        means redetermination of eligibility 
                        under sections 1611(c)(1) and 
                        1614(a)(3)(H) of the Social Security 
                        Act; and
                            ``(III) the term `additional new 
                        budget authority' means the amount 
                        provided for a fiscal year, in excess 
                        of $273,000,000, in an appropriation 
                        Act and specified to pay for the costs 
                        of continuing disability reviews and 
                        redeterminations under the heading 
                        `Limitation on Administrative Expenses' 
                        for the Social Security Administration.
                    ``(C) Health care fraud and abuse 
                control.--
                            (i) If a bill or joint resolution 
                        making appropriations for a fiscal year 
                        is enacted that specifies an amount for 
                        the health care fraud abuse control 
                        program at the Department of Health and 
                        Human Services (75-8393-0-7-571), then 
                        the adjustments for that fiscal year 
                        shall be the amount of additional new 
                        budget authority provided in that Act 
                        for such program for that fiscal year, 
                        but shall not exceed--
                                    ``(I) for fiscal year 2012, 
                                $270,000,000 in additional new 
                                budget authority;
                                    ``(II) for fiscal year 
                                2013, $299,000,000 in 
                                additional new budget 
                                authority;
                                    ``(III) for fiscal year 
                                2014, $329,000,000 in 
                                additional new budget 
                                authority;
                                    ``(IV) for fiscal year 
                                2015, $361,000,000 in 
                                additional new budget 
                                authority;
                                    ``(V) for fiscal year 2016, 
                                $395,000,000 in additional new 
                                budget authority;
                                    ``(VI) for fiscal year 
                                2017, $414,000,000 in 
                                additional new budget 
                                authority;
                                    ``(VII) for fiscal year 
                                2018, $434,000,000 in 
                                additional new budget 
                                authority;
                                    ``(VIII) for fiscal year 
                                2019, $454,000,000 in 
                                additional new budget 
                                authority;
                                    ``(IX) for fiscal year 
                                2020, $475,000,000 in 
                                additional new budget 
                                authority; and
                                    ``(X) for fiscal year 2021, 
                                $496,000,000 in additional new 
                                budget authority.
                            ``(ii) As used in this 
                        subparagraph, the term `additional new 
                        budget authority' means the amount 
                        provided for a fiscal year, in excess 
                        of $311,000,000, in an appropriation 
                        Act and specified to pay for the costs 
                        of the health care fraud and abuse 
                        control program.
                    ``(D) Disaster funding.--
                            ``(i) If, for fiscal years 2012 
                        through 2021, appropriations for 
                        discretionary accounts are enacted that 
                        Congress designates as being for 
                        disaster relief in statute, the 
                        adjustment for a fiscal year shall be 
                        the total of such appropriations for 
                        the fiscal year in discretionary 
                        accounts designated as being for 
                        disaster relief, but not to exceed the 
                        total of--
                                    ``(I) the average funding 
                                provided for disaster relief 
                                over the previous 10 years, 
                                excluding the highest and 
                                lowest years; and
                                    ``(II) the amount, for 
                                years when the enacted new 
                                discretionary budget authority 
                                designated as being for 
                                disaster relief for the 
                                preceding fiscal year was less 
                                than the average as calculated 
                                in subclause (I) for that 
                                fiscal year, that is the 
                                difference between the enacted 
                                amount and the allowable 
                                adjustment as calculated in 
                                such subclause for that fiscal 
                                year.
                            ``(ii) OMB shall report to the 
                        Committees on Appropriations and Budget 
                        in each House the average calculated 
                        pursuant to clause (i)(II), not later 
                        than 30 days after the date of the 
                        enactment of the Budget Control Act of 
                        2011.
                            ``(iii) For the purposes of this 
                        subparagraph, the term `disaster 
                        relief' means activities carried out 
                        pursuant to a determination under 
                        section 102(2) of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5122(2)).\73\
---------------------------------------------------------------------------
    \73\ Major disaster.--``Major disaster'' means any natural 
catastrophe (including any hurricane, tornado, storm, high water, 
winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, 
landslide, mudslide, snowstorm, or drought), or, regardless of cause, 
any fire, flood, or explosion, in any part of the United States, which 
in the determination of the President causes damage of sufficient 
severity and magnitude to warrant major disaster assistance under this 
chapter to supplement the efforts and available resources of States, 
local governments, and disaster relief organizations in alleviating the 
damage, loss, hardship, or suffering caused thereby.
---------------------------------------------------------------------------
                            ``(iv)   Appropriations considered 
                        disaster relief under this subparagraph 
                        in a fiscal year shall not be eligible 
                        for adjustments under subparagraph (A) 
                        for the fiscal year.
    ``(c) Discretionary Spending Limit.--As used in this part, 
the term `discretionary spending limit' means--
            ``(1) with respect to fiscal year 2012--
                    ``(A) for the security category, 
                $684,000,000,000 in new budget authority; and
                    ``(B) for the nonsecurity category, 
                $359,000,000,000 in new budget authority;
            ``(2) with respect to fiscal year 2013--
                    ``(A) for the security category, 
                $686,000,000,000 in new budget authority; and
                    ``(B) for the nonsecurity category, 
                $361,000,000,000 in new budget authority;
            ``(3) with respect to fiscal year 2014, for the 
        discretionary category, $1,066,000,000,000 in new 
        budget authority;
            ``(4) with respect to fiscal year 2015, for the 
        discretionary category, $1,086,000,000,000 in new 
        budget authority;
            ``(5) with respect to fiscal year 2016, for the 
        discretionary category, $1,107,000,000,000 in new 
        budget authority;
            ``(6) with respect to fiscal year 2017, for the 
        discretionary category, $1,131,000,000,000 in new 
        budget authority;
            ``(7) with respect to fiscal year 2018, for the 
        discretionary category, $1,156,000,000,000 in new 
        budget authority;
            ``(8) with respect to fiscal year 2019, for the 
        discretionary category, $1,182,000,000,000 in new 
        budget authority;
            ``(9) with respect to fiscal year 2020, for the 
        discretionary category, $1,208,000,000,000 in new 
        budget authority; and
            ``(10) with respect to fiscal year 2021, for the 
        discretionary category, $1,234,000,000,000 in new 
        budget authority;
as adjusted in strict conformance with subsection (b).''.

SEC. 102. DEFINITIONS.

    Section 250(c) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 is amended as follows:
            (1) Strike paragraph (4) and insert the following 
        new paragraph:
            ``(4)(A) The term `nonsecurity category' means all 
        discretionary appropriations not included in the 
        security category defined in subparagraph (B).
            ``(B) The term `security category' includes 
        discretionary appropriations associated with agency 
        budgets for the Department of Defense, the Department 
        of Homeland Security, the Department of Veterans 
        Affairs, the National Nuclear Security Administration, 
        the intelligence community management account (95-0401-
        0-1-054), and all budget accounts in budget function 
        150 (international affairs).
            ``(C) The term `discretionary category' includes 
        all discretionary appropriations.''.
            (2) In paragraph (8)(C), strike ``the food stamp 
        program'' and insert ``the Supplemental Nutrition 
        Assistance Program''.
            (3) Strike paragraph (14) and insert the following 
        new paragraph:
            ``(14) The term `outyear' means a fiscal year one 
        or more years after the budget year.''.
            (4) At the end, add the following new paragraphs:
            ``(20) The term `emergency' means a situation 
        that--
                    ``(A) requires new budget authority and 
                outlays (or new budget authority and the 
                outlays flowing therefrom) for the prevention 
                or mitigation of, or response to, loss of life 
                or property, or a threat to national security; 
                and
                    ``(B) is unanticipated.
            ``(21) The term `unanticipated' means that the 
        underlying situation is--
                    ``(A) sudden, which means quickly coming 
                into being or not building up over time;
                    ``(B) urgent, which means a pressing and 
                compelling need requiring immediate action;
                    ``(C) unforeseen, which means not predicted 
                or anticipated as an emerging need; and
                    ``(D) temporary, which means not of a 
                permanent duration.''.

SEC. 103. REPORTS AND ORDERS.

    Section 254 of the Balanced Budget and Emergency Deficit 
Control Act of 1985 is amended as follows:
            (1) In subsection (c)(2), strike ``2002'' and 
        insert ``2021''.
            (2) At the end of subsection (e), insert ``This 
        report shall also contain a preview estimate of the 
        adjustment for disaster funding for the upcoming fiscal 
        year.''.
            (3) In subsection (f)(2)(A), strike ``2002'' and 
        insert ``2021''; before the concluding period insert 
        ``, including a final estimate of the adjustment for 
        disaster funding''.

SEC. 104. EXPIRATION.

    (a) Repealer.--Section 275 of the Balanced Budget and 
Emergency Deficit Control Act of 1985 is repealed.
    (b) Conforming Change.--Sections 252(d)(1), 254(c), 
254(f)(3), and 254(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 shall not apply to the 
Congressional Budget Office.

SEC. 105. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT 
                    CONTROL ACT OF 1974.

    (a) Adjustments.--Section 314 of the Congressional Budget 
Act of 1974 is amended as follows:
            (1) Strike subsection (a) and insert the following:
    ``(a) Adjustments.--After the reporting of a bill or joint 
resolution or the offering of an amendment thereto or the 
submission of a conference report thereon, the chairman of the 
Committee on the Budget of the House of Representatives or the 
Senate may make appropriate budgetary adjustments of new budget 
authority and the outlays flowing therefrom in the same amount 
as required by section 251(b) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.''.
            (2) Strike subsections (b) and (e) and redesignate 
        subsections (c) and (d) as subsections (b) and (c), 
        respectively.
            (3) At the end, add the following new subsections:
    ``(d) Emergencies in the House of Representatives.--
            (1) In the House of Representatives, if a reported 
        bill or joint resolution, or amendment thereto or 
        conference report thereon, contains a provision 
        providing new budget authority and outlays or reducing 
        revenue, and a designation of such provision as an 
        emergency requirement pursuant to 251(b)(2)(A) of the 
        Balanced Budget and Emergency Deficit Control Act of 
        1985, the chair of the Committee on the Budget of the 
        House of Representatives shall not count the budgetary 
        effects of such provision for purposes of title III and 
        title IV of the Congressional Budget Act of 1974 and 
        the Rules of the House of Representatives.
            ``(2)(A) In the House of Representatives, if a 
        reported bill or joint resolution, or amendment thereto 
        or conference report thereon, contains a provision 
        providing new budget authority and outlays or reducing 
        revenue, and a designation of such provision as an 
        emergency pursuant to paragraph (1), the chair of the 
        Committee on the Budget shall not count the budgetary 
        effects of such provision for purposes of this title 
        and title IV and the Rules of the House of 
        Representatives.
                    ``(B) In the House of Representatives, a 
                proposal to strike a designation under 
                subparagraph (A) shall be excluded from an 
                evaluation of budgetary effects for purposes of 
                this title and title IV and the Rules of the 
                House of Representatives.
                    ``(C) An amendment offered under 
                subparagraph (B) that also proposes to reduce 
                each amount appropriated or otherwise made 
                available by the pending measure that is not 
                required to be appropriated or otherwise made 
                available shall be in order at any point in the 
                reading of the pending measure.
    ``(e) Enforcement of Discretionary Spending Caps.--It shall 
not be in order in the House of Representatives or the Senate 
to consider any bill, joint resolution, amendment, motion, or 
conference report that would cause the discretionary spending 
limits as set forth in section 251 of the Balanced Budget and 
Emergency Deficit Control Act to be exceeded.''.
    (b) Definitions.--Section 3 of the Congressional Budget and 
Impoundment Control Act of 1974 is amended by adding at the end 
the following new paragraph:
            ``(11) The terms `emergency' and `unanticipated' 
        have the meanings given to such terms in section 250(c) 
        of the Balanced Budget and Emergency Deficit Control 
        Act of 1985.''.
    (c) Appeals for Discretionary Caps.--Section 904(c)(2) of 
the Congressional Budget Act of 1974 is amended by striking 
``and 312(c)'' and inserting ``312(c), and 314(e)''.

SEC. 106. [2 U.S.C. 631 NOTE] SENATE BUDGET ENFORCEMENT.

    (a) In General.--
            (1) For the purpose of enforcing the Congressional 
        Budget Act of 1974 through April 15, 2012, including 
        section 300 of that Act, and enforcing budgetary points 
        of order in prior concurrent resolutions on the budget, 
        the allocations, aggregates, and levels set in 
        subsection (b)(1) shall apply in the Senate in the same 
        manner as for a concurrent resolution on the budget for 
        fiscal year 2012 with appropriate budgetary levels for 
        fiscal years 2011 and 2013 through 2021.
            (2) For the purpose of enforcing the Congressional 
        Budget Act of 1974 after April 15, 2012, including 
        section 300 of that Act, and enforcing budgetary points 
        of order in prior concurrent resolutions on the budget, 
        the allocations, aggregates, and levels set in 
        subsection (b)(2) shall apply in the Senate in the same 
        manner as for a concurrent resolution on the budget for 
        fiscal year 2013 with appropriate budgetary levels for 
        fiscal years 2012 and 2014 through 2022.
    (b) Committee Allocations, Aggregates, and Levels.--
            (1) As soon as practicable after the date of 
        enactment of this section, the Chairman of the 
        Committee on the Budget shall file--
                    (A) for the Committee on Appropriations, 
                committee allocations for fiscal years 2011 and 
                2012 consistent with the discretionary spending 
                limits set forth in this Act for the purpose of 
                enforcing section 302 of the Congressional 
                Budget Act of 1974;
                    (B) for all committees other than the 
                Committee on Appropriations, committee 
                allocations for fiscal years 2011, 2012, 2012 
                through 2016, and 2012 through 2021 consistent 
                with the Congressional Budget Office's March 
                2011 baseline adjusted to account for the 
                budgetary effects of this Act and legislation 
                enacted prior to this Act but not included in 
                the Congressional Budget Office's March 2011 
                baseline, for the purpose of enforcing section 
                302 of the Congressional Budget Act of 1974;
                    (C) aggregate spending levels for fiscal 
                years 2011 and 2012 and aggregate revenue 
                levels for fiscal years 2011, 2012, 2012 
                through 2016, 2012 through 2021 consistent with 
                the Congressional Budget Office's March 2011 
                baseline adjusted to account for the budgetary 
                effects of this Act and legislation enacted 
                prior to this Act but not included in the 
                Congressional Budget Office's March 2011 
                baseline, and the discretionary spending limits 
                set forth in this Act for the purpose of 
                enforcing section 311 of the Congressional 
                Budget Act of 1974; and
                    (D) levels of Social Security revenues and 
                outlays for fiscal years 2011, 2012, 2012 
                through 2016, and 2012 through 2021 consistent 
                with the Congressional Budget Office's March 
                2011 baseline adjusted to account for the 
                budgetary effects of this Act and legislation 
                enacted prior to this Act but not included in 
                the Congressional Budget Office's March 2011 
                baseline, for the purpose of enforcing sections 
                302 and 311 of the Congressional Budget Act of 
                1974.
            (2) Not later than April 15, 2012, the Chairman of 
        the Committee on the Budget shall file--
                    (A) for the Committee on Appropriations, 
                committee allocations for fiscal years 2012 and 
                2013 consistent with the discretionary spending 
                limits set forth in this Act for the purpose of 
                enforcing section 302 of the Congressional 
                Budget Act of 1974;
                    (B) for all committees other than the 
                Committee on Appropriations, committee 
                allocations for fiscal years 2012, 2013, 2013 
                through 2017, and 2013 through 2022 consistent 
                with the Congressional Budget Office's March 
                2012 baseline for the purpose of enforcing 
                section 302 of the Congressional Budget Act of 
                1974;
                    (C) aggregate spending levels for fiscal 
                years 2012 and 2013 and aggregate revenue 
                levels for fiscal years 2012, 2013, 2013-2017, 
                and 2013-2022 consistent with the Congressional 
                Budget Office's March 2012 baseline and the 
                discretionary spending limits set forth in this 
                Act for the purpose of enforcing section 311 of 
                the Congressional Budget Act of 1974; and
                    (D) levels of Social Security revenues and 
                outlays for fiscal years 2012 and 2013, 2013-
                2017, and 2013-2022 consistent with the 
                Congressional Budget Office's March 2012 
                baseline budget for the purpose of enforcing 
                sections 302 and 311 of the Congressional 
                Budget Act of 1974.
    (c) Senate Pay-As-You-Go Scorecard.--
            (1) Effective on the date of enactment of this 
        section, for the purpose of enforcing section 201 of S. 
        Con. Res. 21 (110th Congress), the Chairman of the 
        Senate Committee on the Budget shall reduce any 
        balances of direct spending and revenues for any fiscal 
        year to 0 (zero).
            (2) Not later than April 15, 2012, for the purpose 
        of enforcing section 201 of S. Con. Res. 21 (110th 
        Congress), the Chairman of the Senate Committee on the 
        Budget shall reduce any balances of direct spending and 
        revenues for any fiscal year to 0 (zero).
            (3) Upon resetting the Senate paygo scorecard 
        pursuant to paragraph (2), the Chairman shall publish a 
        notification of such action in the Congressional 
        Record.
    (d) Further Adjustments.--
            (1) The Chairman of the Committee on the Budget of 
        the Senate may revise any allocations, aggregates, or 
        levels set pursuant to this section to account for any 
        subsequent adjustments to discretionary spending limits 
        made pursuant to this Act.
            (2) With respect to any allocations, aggregates, or 
        levels set or adjustments made pursuant to this 
        section, sections 412 through 414 of S. Con. Res. 13 
        (111th Congress) shall remain in effect.
    (e) Expiration.--
            (1) Subsections (a)(1), (b)(1), and (c)(1) shall 
        expire if a concurrent resolution on the budget for 
        fiscal year 2012 is agreed to by the Senate and House 
        of Representatives pursuant to section 301 of the 
        Congressional Budget Act of 1974.
            (2) Subsections (a)(2), (b)(2), and (c)(2) shall 
        expire if a concurrent resolution on the budget for 
        fiscal year 2013 is agreed to by the Senate and House 
        of Representatives pursuant to section 301 of the 
        Congressional Budget Act of 1974.

                         Title II--Vote on the
                       Balanced Budget Amendment

SEC. 201. VOTE ON THE BALANCED BUDGET AMENDMENT.

    After September 30, 2011, and not later than December 31, 
2011, the House of Representatives and Senate, respectively, 
shall vote on passage of a joint resolution, the title of which 
is as follows: ``Joint resolution proposing a balanced budget 
amendment to the Constitution of the United States.''.

SEC. 202. CONSIDERATION BY THE OTHER HOUSE.

    (a) House Consideration.--
            (1) Referral.--If the House receives a joint 
        resolution described in section 201 from the Senate, 
        such joint resolution shall be referred to the 
        Committee on the Judiciary. If the committee fails to 
        report the joint resolution within five legislative 
        days, it shall be in order to move that the House 
        discharge the committee from further consideration of 
        the joint resolution. Such a motion shall not be in 
        order after the House has disposed of a motion to 
        discharge the joint resolution. The previous question 
        shall be considered as ordered on the motion to its 
        adoption without intervening motion except twenty 
        minutes of debate equally divided and controlled by the 
        proponent and an opponent. If such a motion is adopted, 
        the House shall proceed immediately to consider the 
        joint resolution in accordance with paragraph (3). A 
        motion to reconsider the vote by which the motion is 
        disposed of shall not be in order.
            (2) Proceeding to consideration.--After the joint 
        resolution has been referred to the appropriate 
        calendar or the committee has been discharged (other 
        than by motion) from its consideration, it shall be in 
        order to move to proceed to consider the joint 
        resolution in the House. Such a motion shall not be in 
        order after the House has disposed of a motion to 
        proceed with respect to the joint resolution. The 
        previous question shall be considered as ordered on the 
        motion to its adoption without intervening motion. A 
        motion to reconsider the vote by which the motion is 
        disposed of shall not be in order.
            (3) Consideration.--The joint resolution shall be 
        considered as read. All points of order against the 
        joint resolution and against its consideration are 
        waived. The previous question shall be considered as 
        ordered on the joint resolution to its passage without 
        intervening motion except two hours of debate equally 
        divided and controlled by the proponent and an opponent 
        and one motion to limit debate on the joint resolution. 
        A motion to reconsider the vote on passage of the joint 
        resolution shall not be in order.
    (b) Senate Consideration.--
            (1) If the Senate receives a joint resolution 
        described in section 201 from the House of 
        Representatives, such joint resolution shall be 
        referred to the appropriate committee of the Senate. If 
        such committee has not reported the joint resolution at 
        the close of the fifth session day after its receipt by 
        the Senate, such committee shall be automatically 
        discharged from further consideration of the joint 
        resolution and it shall be placed on the appropriate 
        calendar.
            (2) Consideration of the joint resolution and on 
        all debatable motions and appeals in connection 
        therewith, shall be limited to not more than 20 hours, 
        which shall be divided equally between the majority and 
        minority leaders or their designees. A motion further 
        to limit debate is in order and not debatable. An 
        amendment to, or a motion to postpone, or a motion to 
        proceed to the consideration of other business, or a 
        motion to recommit the joint resolution is not in 
        order. Any debatable motion or appeal is debatable for 
        not to exceed 1 hour, to be divided equally between 
        those favoring and those opposing the motion or appeal. 
        All time used for consideration of the joint 
        resolution, including time used for quorum calls and 
        voting, shall be counted against the total 20 hours of 
        consideration.
            (3) If the Senate has voted to proceed to a joint 
        resolution, the vote on passage of the joint resolution 
        shall be taken on or before the close of the seventh 
        session day after such joint resolution has been 
        reported or discharged or immediately following the 
        conclusion of consideration of the joint resolution, 
        and a single quorum call at the conclusion of the 
        debate if requested in accordance with the rules of the 
        Senate.

              Title III--Debt Ceiling Disapproval Process

SEC. 301. DEBT CEILING DISAPPROVAL PROCESS.

    (a) In General.--Subchapter I of chapter 31 of subtitle III 
of title 31, United States Code, is amended--
            (1) in section 3101(b), by striking ``or 
        otherwise'' and inserting ``or as provided by section 
        3101A or otherwise''; and
            (2) by inserting after section 3101 the following:

``SEC. 3101A. PRESIDENTIAL MODIFICATION OF THE DEBT CEILING.

    ``(a) In General.--
            ``(1) $900 billion.--
                    ``(A) Certification.--If, not later than 
                December 31, 2011, the President submits a 
                written certification to Congress that the 
                President has determined that the debt subject 
                to limit is within $100,000,000,000 of the 
                limit in section 3101(b) and that further 
                borrowing is required to meet existing 
                commitments, the Secretary of the Treasury may 
                exercise authority to borrow an additional 
                $900,000,000,000, subject to the enactment of a 
                joint resolution of disapproval enacted 
                pursuant to this section. Upon submission of 
                such certification, the limit on debt provided 
                in section 3101(b) (referred to in this section 
                as the `debt limit') is increased by 
                $400,000,000,000.
                    ``(B) Resolution of disapproval.--Congress 
                may consider a joint resolution of disapproval 
                of the authority under subparagraph (A) as 
                provided in subsections (b) through (f). The 
                joint resolution of disapproval considered 
                under this section shall contain only the 
                language provided in subsection (b)(2). If the 
                time for disapproval has lapsed without 
                enactment of a joint resolution of disapproval 
                under this section, the debt limit is increased 
                by an additional $500,000,000,000.
            ``(2) Additional amount.--
                    ``(A) Certification.--If, after the debt 
                limit is increased by $900,000,000,000 under 
                paragraph (1), the President submits a written 
                certification to Congress that the President 
                has determined that the debt subject to limit 
                is within $100,000,000,000 of the limit in 
                section 3101(b) and that further borrowing is 
                required to meet existing commitments, the 
                Secretary of the Treasury may, subject to the 
                enactment of a joint resolution of disapproval 
                enacted pursuant to this section, exercise 
                authority to borrow an additional amount equal 
                to--
                            ``(i) $1,200,000,000,000, unless 
                        clause (ii) or (iii) applies;
                            ``(ii) $1,500,000,000,000 if the 
                        Archivist of the United States has 
                        submitted to the States for their 
                        ratification a proposed amendment to 
                        the Constitution of the United States 
                        pursuant to a joint resolution entitled 
                        `Joint resolution proposing a balanced 
                        budget amendment to the Constitution of 
                        the United States'; or
                            ``(iii) if a joint committee bill 
                        to achieve an amount greater than 
                        $1,200,000,000,000 in deficit reduction 
                        as provided in section 
                        401(b)(3)(B)(i)(II) of the Budget 
                        Control Act of 2011 is enacted, an 
                        amount equal to the amount of that 
                        deficit reduction, but not greater than 
                        $1,500,000,000,000, unless clause (ii) 
                        applies.
                    ``(B) Resolution of disapproval.--Congress 
                may consider a joint resolution of disapproval 
                of the authority under subparagraph (A) as 
                provided in subsections (b) through (f). The 
                joint resolution of disapproval considered 
                under this section shall contain only the 
                language provided in subsection (b)(2). If the 
                time for disapproval has lapsed without 
                enactment of a joint resolution of disapproval 
                under this section, the debt limit is increased 
                by the amount authorized under subparagraph 
                (A).
    ``(b) Joint Resolution of Disapproval.--
            ``(1) In general.--Except for the $400,000,000,000 
        increase in the debt limit provided by subsection 
        (a)(1)(A), the debt limit may not be raised under this 
        section if, within 50 calendar days after the date on 
        which Congress receives a certification described in 
        subsection (a)(1) or within 15 calendar days after 
        Congress receives the certification described in 
        subsection (a)(2) (regardless of whether Congress is in 
        session), there is enacted into law a joint resolution 
        disapproving the President's exercise of authority with 
        respect to such additional amount.
            ``(2) Contents of joint resolution.--For the 
        purpose of this section, the term `joint resolution' 
        means only a joint resolution--
                    ``(A)(i) for the certification described in 
                subsection (a)(1), that is introduced on 
                September 6, 7, 8, or 9, 2011 (or, if the 
                Senate was not in session, the next calendar 
                day on which the Senate is in session); and
                            ``(ii) for the certification 
                        described in subsection (a)(2), that is 
                        introduced between the date the 
                        certification is received and 3 
                        calendar days after that date;
                    ``(B) which does not have a preamble;
                    ``(C) the title of which is only as 
                follows: `Joint resolution relating to the 
                disapproval of the President's exercise of 
                authority to increase the debt limit, as 
                submitted under section 3101A of title 31, 
                United States Code, on ______' (with the blank 
                containing the date of such submission); and
                    ``(D) the matter after the resolving clause 
                of which is only as follows: `That Congress 
                disapproves of the President's exercise of 
                authority to increase the debt limit, as 
                exercised pursuant to the certification under 
                section 3101A(a) of title 31, United States 
                Code.'.
    ``(c) Expedited Consideration in House of 
Representatives.--
            ``(1) Reconvening.--Upon receipt of a certification 
        described in subsection (a)(2), the Speaker, if the 
        House would otherwise be adjourned, shall notify the 
        Members of the House that, pursuant to this section, 
        the House shall convene not later than the second 
        calendar day after receipt of such certification.
            ``(2) Reporting and discharge.--Any committee of 
        the House of Representatives to which a joint 
        resolution is referred shall report it to the House 
        without amendment not later than 5 calendar days after 
        the date of introduction of a joint resolution 
        described in subsection (a). If a committee fails to 
        report the joint resolution within that period, the 
        committee shall be discharged from further 
        consideration of the joint resolution and the joint 
        resolution shall be referred to the appropriate 
        calendar.
            ``(3) Proceeding to consideration.--After each 
        committee authorized to consider a joint resolution 
        reports it to the House or has been discharged from its 
        consideration, it shall be in order, not later than the 
        sixth day after introduction of a joint resolution 
        under subsection (a), to move to proceed to consider 
        the joint resolution in the House. All points of order 
        against the motion are waived. Such a motion shall not 
        be in order after the House has disposed of a motion to 
        proceed on a joint resolution addressing a particular 
        submission. The previous question shall be considered 
        as ordered on the motion to its adoption without 
        intervening motion. The motion shall not be debatable. 
        A motion to reconsider the vote by which the motion is 
        disposed of shall not be in order.
            ``(4) Consideration.--The joint resolution shall be 
        considered as read. All points of order against the 
        joint resolution and against its consideration are 
        waived. The previous question shall be considered as 
        ordered on the joint resolution to its passage without 
        intervening motion except two hours of debate equally 
        divided and controlled by the proponent and an 
        opponent. A motion to reconsider the vote on passage of 
        the joint resolution shall not be in order.
    ``(d) Expedited Procedure in Senate.--
            ``(1) Reconvening.--Upon receipt of a certification 
        under subsection (a)(2), if the Senate has adjourned or 
        recessed for more than 2 days, the majority leader of 
        the Senate, after consultation with the minority leader 
        of the Senate, shall notify the Members of the Senate 
        that, pursuant to this section, the Senate shall 
        convene not later than the second calendar day after 
        receipt of such message.
            ``(2) Placement on calendar.--Upon introduction in 
        the Senate, the joint resolution shall be immediately 
        placed on the calendar.
            ``(3) Floor consideration.--
                    ``(A) In general.--Notwithstanding Rule 
                XXII of the Standing Rules of the Senate, it is 
                in order at any time during the period 
                beginning on the day after the date on which 
                Congress receives a certification under 
                subsection (a) and, for the certification 
                described in subsection (a)(1), ending on 
                September 14, 2011, and for the certification 
                described in subsection (a)(2), on the 6th day 
                after the date on which Congress receives a 
                certification under subsection (a) (even though 
                a previous motion to the same effect has been 
                disagreed to) to move to proceed to the 
                consideration of the joint resolution, and all 
                points of order against the joint resolution 
                (and against consideration of the joint 
                resolution) are waived. The motion to proceed 
                is not debatable. The motion is not subject to 
                a motion to postpone. 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 
                resolution is agreed to, the joint resolution 
                shall remain the unfinished business until 
                disposed of.
                    ``(B) Consideration.--Consideration of the 
                joint resolution, and on 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 and 
                minority leaders or their designees. A motion 
                further to limit debate is in order and not 
                debatable. An amendment to, or a motion to 
                postpone, or a motion to proceed to the 
                consideration of other business, or a motion to 
                recommit the joint resolution is not in order.
                    ``(C) Vote on passage.--If the Senate has 
                voted to proceed to a joint resolution, the 
                vote on passage of the joint resolution shall 
                occur immediately following the conclusion of 
                consideration of the joint resolution, and a 
                single quorum call at the conclusion of the 
                debate if requested in accordance with the 
                rules of the Senate.
                    ``(D) Rulings of the chair on procedure.--
                Appeals from the decisions of the Chair 
                relating to the application of the rules of the 
                Senate, as the case may be, to the procedure 
                relating to a joint resolution shall be decided 
                without debate.
    ``(e) Amendment Not in Order.--A joint resolution of 
disapproval considered pursuant to this section shall not be 
subject to amendment in either the House of Representatives or 
the Senate.
    ``(f) Coordination With Action by Other House.--
            ``(1) In general.--If, before passing the joint 
        resolution, one House receives from the other a joint 
        resolution--
                    ``(A) the joint resolution of the other 
                House shall not be referred to a committee; and
                    ``(B) the procedure in the receiving House 
                shall be the same as if no joint resolution had 
                been received from the other House until the 
                vote on passage, when the joint resolution 
                received from the other House shall supplant 
                the joint resolution of the receiving House.
            ``(2) Treatment of joint resolution of other 
        house.--If the Senate fails to introduce or consider a 
        joint resolution under this section, the joint 
        resolution of the House shall be entitled to expedited 
        floor procedures under this section.
            ``(3) Treatment of companion measures.--If, 
        following passage of the joint resolution in the 
        Senate, the Senate then receives the companion measure 
        from the House of Representatives, the companion 
        measure shall not be debatable.
            ``(4) Consideration after passage.--
                    (A) If Congress passes a joint resolution, 
                the period beginning on the date the President 
                is presented with the joint resolution and 
                ending on the date the President signs, allows 
                to become law without his signature, or vetoes 
                and returns the joint resolution (but excluding 
                days when either House is not in session) shall 
                be disregarded in computing the appropriate 
                calendar day period described in subsection 
                (b)(1).
                    ``(B) Debate on a veto message in the 
                Senate under this section shall be 1 hour 
                equally divided between the majority and 
                minority leaders or their designees.
            ``(5) Veto override.--If within the appropriate 
        calendar day period described in subsection (b)(1), 
        Congress overrides a veto of the joint resolution with 
        respect to authority exercised pursuant to paragraph 
        (1) or (2) of subsection (a), the limit on debt 
        provided in section 3101(b) shall not be raised, except 
        for the $400,000,000,000 increase in the limit provided 
        by subsection (a)(1)(A).
            ``(6) Sequestration.--
                    (A) If within the 50-calendar day period 
                described in subsection (b)(1), the President 
                signs the joint resolution, the President 
                allows the joint resolution to become law 
                without his signature, or Congress overrides a 
                veto of the joint resolution with respect to 
                authority exercised pursuant to paragraph (1) 
                of subsection (a), there shall be a 
                sequestration to reduce spending by 
                $400,000,000,000. OMB shall implement the 
                sequestration forthwith.
                    ``(B) OMB shall implement each half of such 
                sequestration in accordance with section 255, 
                section 256, and subsections (c), (d), (e), and 
                (f) of section 253 of the Balanced Budget and 
                Emergency Deficit Control Act of 1985, and for 
                the purpose of such implementation the term 
                `excess deficit' means the amount specified in 
                subparagraph (A).
    ``(g) Rules of House of Representatives and Senate.--This 
subsection and subsections (b), (c), (d), (e), and (f) (other 
than paragraph (6)) are enacted by Congress--
            ``(1) as an exercise of the rulemaking power of the 
        Senate and House of Representatives, respectively, and 
        as such it is deemed a part of the rules of each House, 
        respectively, but applicable only with respect to the 
        procedure to be followed in that House in the case of a 
        joint resolution, and it supersedes other rules only to 
        the extent that it is inconsistent with such rules; and
            ``(2) with full recognition of the constitutional 
        right of either House to change the rules (so far as 
        relating to the procedure of that House) at any time, 
        in the same manner, and to the same extent as in the 
        case of any other rule of that House.''.
    (b) Conforming Amendment.--The table of sections for 
chapter 31 of title 31, United States Code, is amended by 
inserting after the item relating to section 3101 the following 
new item:

``3101A. Presidential modification of the debt ceiling.''.

SEC. 302. ENFORCEMENT OF BUDGET GOAL.

    (a) In General.--The Balanced Budget and Emergency Deficit 
Control Act of 1985 is amended by inserting after section 251 
the following new section:

``SEC. 251A. ENFORCEMENT OF BUDGET GOAL.

    ``Unless a joint committee bill achieving an amount greater 
than $1,200,000,000,000 in deficit reduction as provided in 
section 401(b)(3)(B)(i)(II) of the Budget Control Act of 2011 
is enacted by January 15, 2012, the discretionary spending 
limits listed in section 251(c) shall be revised, and 
discretionary appropriations and direct spending shall be 
reduced, as follows:
            ``(1) Revised security category; revised 
        nonsecurity category.--(A) The term `revised security 
        category' means discretionary appropriations in budget 
        function 050.
            ``(B) The term `revised nonsecurity category' means 
        discretionary appropriations other than in budget 
        function 050.
            ``(2) Revised discretionary spending limits.--The 
        discretionary spending limits for fiscal years 2013 
        through 2021 under section 251(c) shall be replaced 
        with the following:
                    ``(A) For fiscal year 2013--
                            ``(i) for the security category, 
                        $546,000,000,000 in budget authority; 
                        and
                            ``(ii) for the nonsecurity 
                        category, $501,000,000,000 in budget 
                        authority.
                    ``(B) For fiscal year 2014--
                            ``(i) for the security category, 
                        $556,000,000,000 in budget authority; 
                        and
                            ``(ii) for the nonsecurity 
                        category, $510,000,000,000 in budget 
                        authority.
                    ``(C) For fiscal year 2015--
                            ``(i) for the security category, 
                        $566,000,000,000 in budget authority; 
                        and
                            ``(ii) for the nonsecurity 
                        category, $520,000,000,000 in budget 
                        authority.
                    ``(D) For fiscal year 2016--
                            ``(i) for the security category, 
                        $577,000,000,000 in budget authority; 
                        and
                            ``(ii) for the nonsecurity 
                        category, $530,000,000,000 in budget 
                        authority.
                    ``(E) For fiscal year 2017--
                            ``(i) for the security category, 
                        $590,000,000,000 in budget authority; 
                        and
                            ``(ii) for the nonsecurity 
                        category, $541,000,000,000 in budget 
                        authority.
                    ``(F) For fiscal year 2018--
                            ``(i) for the security category, 
                        $603,000,000,000 in budget authority; 
                        and
                            ``(ii) for the nonsecurity 
                        category, $553,000,000,000 in budget 
                        authority.
                    ``(G) For fiscal year 2019--
                            ``(i) for the security category, 
                        $616,000,000,000 in budget authority; 
                        and
                            ``(ii) for the nonsecurity 
                        category, $566,000,000,000 in budget 
                        authority.
                    ``(H) For fiscal year 2020--
                            ``(i) for the security category, 
                        $630,000,000,000 in budget authority; 
                        and
                            ``(ii) for the nonsecurity 
                        category, $578,000,000,000 in budget 
                        authority.
                    ``(I) For fiscal year 2021--
                            ``(i) for the security category, 
                        $644,000,000,000 in budget authority; 
                        and
                            ``(ii) for the nonsecurity 
                        category, $590,000,000,000 in budget 
                        authority.
            ``(3) Calculation of total deficit reduction.--OMB 
        shall calculate the amount of the deficit reduction 
        required by this section for each of fiscal years 2013 
        through 2021 by--
                    ``(A) starting with $1,200,000,000,000;
                    ``(B) subtracting the amount of deficit 
                reduction achieved by the enactment of a joint 
                committee bill, as provided in section 
                401(b)(3)(B)(i)(II) of the Budget Control Act 
                of 2011;
                    ``(C) reducing the difference by 18 percent 
                to account for debt service; and
                    ``(D) dividing the result by 9.
            ``(4) Allocation to functions.--On January 2, 2013, 
        for fiscal year 2013, and in its sequestration preview 
        report for fiscal years 2014 through 2021 pursuant to 
        section 254(c), OMB shall allocate half of the total 
        reduction calculated pursuant to paragraph (3) for that 
        year to discretionary appropriations and direct 
        spending accounts within function 050 (defense 
        function) and half to accounts in all other functions 
        (nondefense functions).
            ``(5) Defense function reduction.--OMB shall 
        calculate the reductions to discretionary 
        appropriations and direct spending for each of fiscal 
        years 2013 through 2021 for defense function spending 
        as follows:
                    ``(A) Discretionary.--OMB shall calculate 
                the reduction to discretionary appropriations 
                by--
                            ``(i) taking the total reduction 
                        for the defense function allocated for 
                        that year under paragraph (4);
                            ``(ii) multiplying by the 
                        discretionary spending limit for the 
                        revised security category for that 
                        year; and
                            ``(iii) dividing by the sum of the 
                        discretionary spending limit for the 
                        security category and OMB's baseline 
                        estimate of nonexempt outlays for 
                        direct spending programs within the 
                        defense function for that year.
                    ``(B) Direct spending.--OMB shall calculate 
                the reduction to direct spending by taking the 
                total reduction for the defense function 
                required for that year under paragraph (4) and 
                subtracting the discretionary reduction 
                calculated pursuant to subparagraph (A).
            ``(6) Nondefense function reduction.--OMB shall 
        calculate the reduction to discretionary appropriations 
        and to direct spending for each of fiscal years 2013 
        through 2021 for programs in nondefense functions as 
        follows:
                    ``(A) Discretionary.--OMB shall calculate 
                the reduction to discretionary appropriations 
                by--
                            ``(i) taking the total reduction 
                        for nondefense functions allocated for 
                        that year under paragraph (4);
                            ``(ii) multiplying by the 
                        discretionary spending limit for the 
                        revised nonsecurity category for that 
                        year; and
                            ``(iii) dividing by the sum of the 
                        discretionary spending limit for the 
                        revised nonsecurity category and OMB's 
                        baseline estimate of nonexempt outlays 
                        for direct spending programs in 
                        nondefense functions for that year.
                    ``(B) Direct spending.--OMB shall calculate 
                the reduction to direct spending programs by 
                taking the total reduction for nondefense 
                functions required for that year under 
                paragraph (4) and subtracting the discretionary 
                reduction calculated pursuant to subparagraph 
                (A).
            ``(7) Implementing discretionary reductions.--
                    ``(A) Fiscal year 2013.--On January 2, 
                2013, for fiscal year 2013, OMB shall calculate 
                and the President shall order a sequestration, 
                effective upon issuance and under the 
                procedures set forth in section 253(f), to 
                reduce each account within the security 
                category or nonsecurity category by a dollar 
                amount calculated by multiplying the baseline 
                level of budgetary resources in that account at 
                that time by a uniform percentage necessary to 
                achieve--
                            ``(i) for the revised security 
                        category, an amount equal to the 
                        defense function discretionary 
                        reduction calculated pursuant to 
                        paragraph (5); and
                            ``(ii) for the revised nonsecurity 
                        category, an amount equal to the 
                        nondefense function discretionary 
                        reduction calculated pursuant to 
                        paragraph (6).
                    ``(B) Fiscal years 2014-2021.--On the date 
                of the submission of its sequestration preview 
                report for fiscal years 2014 through 2021 
                pursuant to section 254(c) for each of fiscal 
                years 2014 through 2021, OMB shall reduce the 
                discretionary spending limit--
                            ``(i) for the revised security 
                        category by the amount of the defense 
                        function discretionary reduction 
                        calculated pursuant to paragraph (5); 
                        and
                            ``(ii) for the revised nonsecurity 
                        category by the amount of the 
                        nondefense function discretionary 
                        reduction calculated pursuant to 
                        paragraph (6).
            ``(8) Implementing direct spending reductions.--On 
        the date specified in paragraph (4) during each 
        applicable year, OMB shall prepare and the President 
        shall order a sequestration, effective upon issuance, 
        of nonexempt direct spending to achieve the direct 
        spending reduction calculated pursuant to paragraphs 
        (5) and (6). When implementing the sequestration of 
        direct spending pursuant to this paragraph, OMB shall 
        follow the procedures specified in section 6 of the 
        Statutory Pay-As-You-Go Act of 2010, the exemptions 
        specified in section 255, and the special rules 
        specified in section 256, except that the percentage 
        reduction for the Medicare programs specified in 
        section 256(d) shall not be more than 2 percent for a 
        fiscal year.
            ``(9) Adjustment for medicare.--If the percentage 
        reduction for the Medicare programs would exceed 2 
        percent for a fiscal year in the absence of paragraph 
        (8), OMB shall increase the reduction for all other 
        discretionary appropriations and direct spending under 
        paragraph (6) by a uniform percentage to a level 
        sufficient to achieve the reduction required by 
        paragraph (6) in the non-defense function.
            ``(10) Implementation of reductions.--Any 
        reductions imposed under this section shall be 
        implemented in accordance with section 256(k).
            ``(11) Report.--On the dates specified in paragraph 
        (4), OMB shall submit a report to Congress containing 
        information about the calculations required under this 
        section, the adjusted discretionary spending limits, a 
        listing of the reductions required for each nonexempt 
        direct spending account, and any other data and 
        explanations that enhance public understanding of this 
        title and actions taken under it.''.
    (b) Conforming Amendment.--The table of contents set forth 
in section 250(a) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 is amended by inserting after the item 
relating to section 251 the following:

``Sec. 251A. Enforcement of budget goal.''.

                  Title IV--Joint Select Committee on
                           Deficit Reduction

SEC. 401. [2 U.S.C. 900 NOTE] ESTABLISHMENT OF JOINT SELECT COMMITTEE.

    (a) Definitions.--In this title:
            (1) Joint committee.--The term ``joint committee'' 
        means the Joint Select Committee on Deficit Reduction 
        established under subsection (b)(1).
            (2) Joint committee bill.--The term ``joint 
        committee bill'' means a bill consisting of the 
        proposed legislative language of the joint committee 
        recommended under subsection (b)(3)(B) and introduced 
        under section 402(a).
    (b) Establishment of Joint Select Committee.--
            (1) Establishment.--There is established a joint 
        select committee of Congress to be known as the ``Joint 
        Select Committee on Deficit Reduction''.
            (2) Goal.--The goal of the joint committee shall be 
        to reduce the deficit by at least $1,500,000,000,000 
        over the period of fiscal years 2012 to 2021.
            (3) Duties.--
                    (A) In general.--
                            (i) Improving the short-term and 
                        long-term fiscal imbalance.--The joint 
                        committee shall provide recommendations 
                        and legislative language that will 
                        significantly improve the short-term 
                        and long-term fiscal imbalance of the 
                        Federal Government.
                            (ii) Recommendations of 
                        committees.--Not later than October 14, 
                        2011, each committee of the House of 
                        Representatives and the Senate may 
                        transmit to the joint committee its 
                        recommendations for changes in law to 
                        reduce the deficit consistent with the 
                        goal described in paragraph (2) for the 
                        joint committee's consideration.
                    (B) Report, recommendations, and 
                legislative language.--
                            (i) In general.--Not later than 
                        November 23, 2011, the joint committee 
                        shall vote on--
                                    (I) a report that contains 
                                a detailed statement of the 
                                findings, conclusions, and 
                                recommendations of the joint 
                                committee and the estimate of 
                                the Congressional Budget Office 
                                required by paragraph 
                                (5)(D)(ii); and
                                    (II) proposed legislative 
                                language to carry out such 
                                recommendations as described in 
                                subclause (I), which shall 
                                include a statement of the 
                                deficit reduction achieved by 
                                the legislation over the period 
                                of fiscal years 2012 to 2021.
                        Any change to the Rules of the House of 
                        Representatives or the Standing Rules 
                        of the Senate included in the report or 
                        legislative language shall be 
                        considered to be merely advisory.
                            (ii) Approval of report and 
                        legislative language.--The report of 
                        the joint committee and the proposed 
                        legislative language described in 
                        clause (i) shall require the approval 
                        of a majority of the members of the 
                        joint committee.
                            (iii) Additional views.--A member 
                        of the joint committee who gives notice 
                        of an intention to file supplemental, 
                        minority, or additional views at the 
                        time of final joint committee vote on 
                        the approval of the report and 
                        legislative language under clause (ii) 
                        shall be entitled to 3 calendar days in 
                        which to file such views in writing 
                        with the staff director of the joint 
                        committee. Such views shall then be 
                        included in the joint committee report 
                        and printed in the same volume, or part 
                        thereof, and their inclusion shall be 
                        noted on the cover of the report. In 
                        the absence of timely notice, the joint 
                        committee report may be printed and 
                        transmitted immediately without such 
                        views.
                            (iv) Transmission of report and 
                        legislative language.--If the report 
                        and legislative language are approved 
                        by the joint committee pursuant to 
                        clause (ii), then not later than 
                        December 2, 2011, the joint committee 
                        shall submit the joint committee report 
                        and legislative language described in 
                        clause (i) to the President, the Vice 
                        President, the Speaker of the House of 
                        Representatives, and the majority and 
                        minority Leaders of each House of 
                        Congress.
                            (v) Report and legislative language 
                        to be made public.--Upon the approval 
                        or disapproval of the joint committee 
                        report and legislative language 
                        pursuant to clause (ii), the joint 
                        committee shall promptly make the full 
                        report and legislative language, and a 
                        record of the vote, available to the 
                        public.
            (4) Membership.--
                    (A) In general.--The joint committee shall 
                be composed of 12 members appointed pursuant to 
                subparagraph (B).
                    (B) Appointment.--Members of the joint 
                committee shall be appointed as follows:
                            (i) The majority leader of the 
                        Senate shall appoint three members from 
                        among Members of the Senate.\74\
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    \74\ The Majority Leader of the Senate, Senator Harry Read of 
Nevada, appointed the following Senators: Senator Patty Murray of 
Washington; Senator Max Baucus of Montana; Senator John Kerry of 
Massachusetts.
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                            (ii) The minority leader of the 
                        Senate shall appoint three members from 
                        among Members of the Senate.\75\
---------------------------------------------------------------------------
    \75\ The Minority Leader of the Senate, Senator Mitch McConnell of 
Kentucky, appointed the following Senators: Senator John Kyl of 
Arizona; Senator Rob Portman of Ohio; Senator Pat Toomey of 
Pennsylvania.
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                            (iii) The Speaker of the House of 
                        Representatives shall appoint three 
                        members from among Members of the House 
                        of Representatives.\76\
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    \76\ The Speaker of the House of Representatives, Representative 
John Boehner of Ohio, appointed the following Members: Representative 
Jeb Hensarling of Texas; Representative Fred Upton of Michigan; 
Representative Dave Camp of Michigan.
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                            (iv) The minority leader of the 
                        House of Representatives shall appoint 
                        three members from among Members of the 
                        House of Representatives.\77\
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    \77\ The Minority Leader of the House of Representatives, 
Representative Nancy Pelosi of California, appointed the following 
Members: Representative Xavier Becerra of California; Representative 
Jim Clyburn of South California; Representative Chris Van Hollen of 
Maryland.
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                    (C) Co-chairs.--
                            (i) In general.--There shall be two 
                        Co-Chairs of the joint committee. The 
                        majority leader of the Senate shall 
                        appoint one Co-Chair from among the 
                        members of the joint committee.\78\ The 
                        Speaker of the House of Representatives 
                        shall appoint the second Co-Chair from 
                        among the members of the joint 
                        committee.\79\ The Co-Chairs shall be 
                        appointed not later than 14 calendar 
                        days after the date of enactment of 
                        this Act.
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    \78\ The Majority Leader of the Senate, Senator Harry Read of 
Nevada, appointed Senator Patty Murray of Washington as Co-Chair of the 
Select Committee on Deficit Reduction.
    \79\ The Speaker of the House of Representatives, Representative 
John Boehner of Ohio, appointed Representative Jeb Hensarling (TX), as 
Co-Chair of the Select Committee on Deficit Reduction.
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                            (ii) Staff director.--The Co-
                        Chairs, acting jointly, shall hire the 
                        staff director of the joint committee.
                    (D) Date.--Members of the joint committee 
                shall be appointed not later than 14 calendar 
                days after the date of enactment of this Act.
                    (E) Period of appointment.--Members shall 
                be appointed for the life of the joint 
                committee. Any vacancy in the joint committee 
                shall not affect its powers, but shall be 
                filled not later than 14 calendar days after 
                the date on which the vacancy occurs, in the 
                same manner as the original designation was 
                made. If a member of the joint committee ceases 
                to be a Member of the House of Representatives 
                or the Senate, as the case may be, the member 
                is no longer a member of the joint committee 
                and a vacancy shall exist.
            (5) Administration.--
                    (A) In general.--To enable the joint 
                committee to exercise its powers, functions, 
                and duties, there are authorized to be 
                disbursed by the Senate the actual and 
                necessary expenses of the joint committee 
                approved by the co-chairs, subject to the rules 
                and regulations of the Senate.
                    (B) Expenses.--In carrying out its 
                functions, the joint committee is authorized to 
                incur expenses in the same manner and under the 
                same conditions as the Joint Economic Committee 
                is authorized by section 11 of Public Law 79-
                304 (15 U.S.C. 1024 (d)).
                    (C) Quorum.--Seven members of the joint 
                committee shall constitute a quorum for 
                purposes of voting, meeting, and holding 
                hearings.
                    (D) Voting.--
                            (i) Proxy voting.--No proxy voting 
                        shall be allowed on behalf of the 
                        members of the joint committee.
                            (ii) Congressional budget office 
                        estimates.--The Congressional Budget 
                        Office shall provide estimates of the 
                        legislation (as described in paragraph 
                        (3)(B)) in accordance with sections 
                        308(a) and 201(f) of the Congressional 
                        Budget Act of 1974 (2 U.S.C. 639(a) and 
                        601(f))(including estimates of the 
                        effect of interest payment on the 
                        debt). In addition, the Congressional 
                        Budget Office shall provide information 
                        on the budgetary effect of the 
                        legislation beyond the year 2021. The 
                        joint committee may not vote on any 
                        version of the report, recommendations, 
                        or legislative language unless such 
                        estimates are available for 
                        consideration by all members of the 
                        joint committee at least 48 hours prior 
                        to the vote as certified by the Co-
                        Chairs.
                    (E) Meetings.--
                            (i) Initial meeting.--Not later 
                        than 45 calendar days after the date of 
                        enactment of this Act, the joint 
                        committee shall hold its first meeting.
                            (ii) Agenda.--The Co-Chairs of the 
                        joint committee shall provide an agenda 
                        to the joint committee members not less 
                        than 48 hours in advance of any 
                        meeting.
                    (F) Hearings.--
                            (i) In general.--The joint 
                        committee may, for the purpose of 
                        carrying out this section, hold such 
                        hearings, sit and act at such times and 
                        places, require attendance of witnesses 
                        and production of books, papers, and 
                        documents, take such testimony, receive 
                        such evidence, and administer such 
                        oaths as the joint committee considers 
                        advisable.
                            (ii) Hearing procedures and 
                        responsibilities of co-chairs.--
                                    (I) Announcement.--The Co-
                                Chairs of the joint committee 
                                shall make a public 
                                announcement of the date, 
                                place, time, and subject matter 
                                of any hearing to be conducted, 
                                not less than 7 days in advance 
                                of such hearing, unless the Co-
                                Chairs determine that there is 
                                good cause to begin such 
                                hearing at an earlier date.
                                    (II) Written statement.--A 
                                witness appearing before the 
                                joint committee shall file a 
                                written statement of proposed 
                                testimony at least 2 calendar 
                                days before the appearance of 
                                the witness, unless the 
                                requirement is waived by the 
                                Co-Chairs, following their 
                                determination that there is 
                                good cause for failure to 
                                comply with such requirement.
                    (G) Technical assistance.--Upon written 
                request of the Co-Chairs, a Federal agency 
                shall provide technical assistance to the joint 
                committee in order for the joint committee to 
                carry out its duties.
    (c) Staff of Joint Committee.--
            (1) In general.--The Co-Chairs of the joint 
        committee may jointly appoint and fix the compensation 
        of staff as they deem necessary, within the guidelines 
        for employees of the Senate and following all 
        applicable rules and employment requirements of the 
        Senate.
            (2) Ethical standards.--Members on the joint 
        committee who serve in the House of Representatives 
        shall be governed by the ethics rules and requirements 
        of the House. Members of the Senate who serve on the 
        joint committee and staff of the joint committee shall 
        comply with the ethics rules of the Senate.
    (d) Termination.--The joint committee shall terminate on 
January 31, 2012.\80\
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    \80\ The Joint Select Committee on Deficit Reduction established by 
the Budget Control Act of 2011 ended on January 31, 2012.
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SEC. 402. [2 U.S.C. 900 NOTE] EXPEDITED CONSIDERATION OF JOINT 
                    COMMITTEE RECOMMENDATIONS.

    (a) Introduction.--If approved by the majority required by 
section 401(b)(3)(B)(ii), the proposed legislative language 
submitted pursuant to section 401(b)(3)(B)(iv) shall be 
introduced in the Senate (by request) on the next day on which 
the Senate is in session by the majority leader of the Senate 
or by a Member of the Senate designated by the majority leader 
of the Senate and shall be introduced in the House of 
Representatives (by request) on the next legislative day by the 
majority leader of the House or by a Member of the House 
designated by the majority leader of the House.
    (b) Consideration in the House of Representatives.--
            (1) Referral and reporting.--Any committee of the 
        House of Representatives to which the joint committee 
        bill is referred shall report it to the House without 
        amendment not later than December 9, 2011. If a 
        committee fails to report the joint committee bill 
        within that period, it shall be in order to move that 
        the House discharge the committee from further 
        consideration of the bill. Such a motion shall not be 
        in order after the last committee authorized to 
        consider the bill reports it to the House or after the 
        House has disposed of a motion to discharge the bill. 
        The previous question shall be considered as ordered on 
        the motion to its adoption without intervening motion 
        except 20 minutes of debate equally divided and 
        controlled by the proponent and an opponent. If such a 
        motion is adopted, the House shall proceed immediately 
        to consider the joint committee bill in accordance with 
        paragraphs (2) and (3). A motion to reconsider the vote 
        by which the motion is disposed of shall not be in 
        order.
            (2) Proceeding to consideration.--After the last 
        committee authorized to consider a joint committee bill 
        reports it to the House or has been discharged (other 
        than by motion) from its consideration, it shall be in 
        order to move to proceed to consider the joint 
        committee bill in the House. Such a motion shall not be 
        in order after the House has disposed of a motion to 
        proceed with respect to the joint committee bill. The 
        previous question shall be considered as ordered on the 
        motion to its adoption without intervening motion. A 
        motion to reconsider the vote by which the motion is 
        disposed of shall not be in order.
            (3) Consideration.--The joint committee bill shall 
        be considered as read. All points of order against the 
        joint committee bill and against its consideration are 
        waived. The previous question shall be considered as 
        ordered on the joint committee bill to its passage 
        without intervening motion except 2 hours of debate 
        equally divided and controlled by the proponent and an 
        opponent and one motion to limit debate on the joint 
        committee bill. A motion to reconsider the vote on 
        passage of the joint committee bill shall not be in 
        order.
            (4) Vote on passage.--The vote on passage of the 
        joint committee bill shall occur not later than 
        December 23, 2011.\81\
---------------------------------------------------------------------------
    \81\ A Joint Committee bill was not voted on before December 23, 
2011.
---------------------------------------------------------------------------
    (c) Expedited Procedure in the Senate.--
            (1) Committee consideration.--A joint committee 
        bill introduced in the Senate under subsection (a) 
        shall be jointly referred to the committee or 
        committees of jurisdiction, which committees shall 
        report the bill without any revision and with a 
        favorable recommendation, an unfavorable 
        recommendation, or without recommendation, not later 
        than December 9, 2011.\82\ If any committee fails to 
        report the bill within that period, that committee 
        shall be automatically discharged from consideration of 
        the bill, and the bill shall be placed on the 
        appropriate calendar.
---------------------------------------------------------------------------
    \82\ A Joint Committee bill was not voted on before December 9, 
2011.
---------------------------------------------------------------------------
            (2) Motion to proceed.--Notwithstanding Rule XXII 
        of the Standing Rules of the Senate, it is in order, 
        not later than 2 days of session after the date on 
        which a joint committee bill is reported or discharged 
        from all committees to which it was referred, for the 
        majority leader of the Senate or the majority leader's 
        designee to move to proceed to the consideration of the 
        joint committee bill. It shall also be in order for any 
        Member of the Senate to move to proceed to the 
        consideration of the joint committee bill at any time 
        after the conclusion of such 2-day period. A motion to 
        proceed is in order even though a previous motion to 
        the same effect has been disagreed to. All points of 
        order against the motion to proceed to the joint 
        committee bill are waived. The motion to proceed is not 
        debatable. The motion is not subject to a motion to 
        postpone. 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 committee bill is agreed to, the joint 
        committee bill shall remain the unfinished business 
        until disposed of.
            (3) Consideration.--All points of order against the 
        joint committee bill and against consideration of the 
        joint committee bill are waived. Consideration of the 
        joint committee bill and of all debatable motions and 
        appeals in connection therewith shall not exceed a 
        total of 30 hours which shall be divided equally 
        between the Majority and Minority Leaders or their 
        designees. A motion further to limit debate on the 
        joint committee bill is in order, shall require an 
        affirmative vote of three-fifths of the Members duly 
        chosen and sworn, and is not debatable. Any debatable 
        motion or appeal is debatable for not to exceed 1 hour, 
        to be divided equally between those favoring and those 
        opposing the motion or appeal. All time used for 
        consideration of the joint committee bill, including 
        time used for quorum calls and voting, shall be counted 
        against the total 30 hours of consideration.
            (4) No amendments.--An amendment to the joint 
        committee bill, or a motion to postpone, or a motion to 
        proceed to the consideration of other business, or a 
        motion to recommit the joint committee bill, is not in 
        order.
            (5) Vote on passage.--If the Senate has voted to 
        proceed to the joint committee bill, the vote on 
        passage of the joint committee bill shall occur 
        immediately following the conclusion of the debate on a 
        joint committee bill, and a single quorum call at the 
        conclusion of the debate if requested. The vote on 
        passage of the joint committee bill shall occur not 
        later than December 23, 2011.
            (6) Rulings of the chair on procedure.--Appeals 
        from the decisions of the Chair relating to the 
        application of the rules of the Senate, as the case may 
        be, to the procedure relating to a joint committee bill 
        shall be decided without debate.
    (d) Amendment.--The joint committee bill shall not be 
subject to amendment in either the House of Representatives or 
the Senate.
    (e) Consideration by the Other House.--
            (1) In general.--If, before passing the joint 
        committee bill, one House receives from the other a 
        joint committee bill--
                    (A) the joint committee bill of the other 
                House shall not be referred to a committee; and
                    (B) the procedure in the receiving House 
                shall be the same as if no joint committee bill 
                had been received from the other House until 
                the vote on passage, when the joint committee 
                bill received from the other House shall 
                supplant the joint committee bill of the 
                receiving House.
            (2) Revenue measure.--This subsection shall not 
        apply to the House of Representatives if the joint 
        committee bill received from the Senate is a revenue 
        measure.
    (f) Rules to Coordinate Action With Other House.--
            (1) Treatment of joint committee bill of other 
        house.--If the Senate fails to introduce or consider a 
        joint committee bill under this section, the joint 
        committee bill of the House shall be entitled to 
        expedited floor procedures under this section.
            (2) Treatment of companion measures in the 
        senate.--If following passage of the joint committee 
        bill in the Senate, the Senate then receives the joint 
        committee bill from the House of Representatives, the 
        House-passed joint committee bill shall not be 
        debatable. The vote on passage of the joint committee 
        bill in the Senate shall be considered to be the vote 
        on passage of the joint committee bill received from 
        the House of Representatives.
            (3) Vetoes.--If the President vetoes the joint 
        committee bill, debate on a veto message in the Senate 
        under this section shall be 1 hour equally divided 
        between the majority and minority leaders or their 
        designees.
    (g) Loss of Privilege.--The provisions of this section 
shall cease to apply to the joint committee bill if--
            (1) the joint committee fails to vote on the report 
        or proposed legislative language required under section 
        401(b)(3)(B)(i) not later than November 23, 2011; or
            (2) the joint committee bill does not pass both 
        Houses not later than December 23, 2011.

SEC. 403. [2 U.S.C. 900 NOTE] FUNDING.

    Funding for the joint committee shall be derived in equal 
portions from--
            (1) the applicable accounts of the House of 
        Representatives; and
            (2) the contingent fund of the Senate from the 
        appropriations account ``Miscellaneous Items'', subject 
        to the rules and regulations of the Senate.

SEC. 404. [2 U.S.C. 900 NOTE] RULEMAKING.

    The provisions of this title are enacted by 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.

                    Title V--Pell Grant and Student
                          Loan Program Changes

SEC. 501. FEDERAL PELL GRANTS.

    Section 401(b)(7)(A)(iv) of the Higher Education Act of 
1965 (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended--
            (1) in subclause (II), by striking 
        ``$3,183,000,000'' and inserting ``$13,183,000,000''; 
        and
            (2) in subclause (III), by striking ``$0'' and 
        inserting ``$7,000,000,000''.

SEC. 502. TERMINATION OF AUTHORITY TO MAKE INTEREST SUBSIDIZED LOANS TO 
                    GRADUATE AND PROFESSIONAL STUDENTS.

    Section 455(a) of the Higher Education Act of 1965 (20 
U.S.C. 1087e(a)) is amended by adding at the end the following 
new paragraph:
            ``(3) Termination of authority to make interest 
        subsidized loans to graduate and professional 
        students.--
                    ``(A) In general.--Subject to subparagraph 
                (B) and notwithstanding any provision of this 
                part or part B, for any period of instruction 
                beginning on or after July 1, 2012--
                            ``(i) a graduate or professional 
                        student shall not be eligible to 
                        receive a Federal Direct Stafford loan 
                        under this part; and
                            ``(ii) the maximum annual amount of 
                        Federal Direct Unsubsidized Stafford 
                        loans such a student may borrow in any 
                        academic year (as defined in section 
                        481(a)(2)) or its equivalent shall be 
                        the maximum annual amount for such 
                        student determined under section 428H, 
                        plus an amount equal to the amount of 
                        Federal Direct Stafford loans the 
                        student would have received in the 
                        absence of this subparagraph.
                    ``(B) Exception.--Subparagraph (A) shall 
                not apply to an individual enrolled in course 
                work specified in paragraph (3)(B) or (4)(B) of 
                section 484(b).''.

SEC. 503. TERMINATION OF DIRECT LOAN REPAYMENT INCENTIVES.

    Section 455(b)(8) of the Higher Education Act of 1965 (20 
U.S.C. 1087e(b)(8)) is amended--
            (1) in subparagraph (A)--
                    (A) by amending the header to read as 
                follows: ``(A) Incentives for loans disbursed 
                before July 1, 2012.--''; and
                    (B) by inserting ``with respect to loans 
                for which the first disbursement of principal 
                is made before July 1, 2012,'' after ``of this 
                part'';
            (2) in subparagraph (B), by inserting ``with 
        respect to loans for which the first disbursement of 
        principal is made before July 1, 2012'' after 
        ``repayment incentives''; and
            (3) by adding at the end the following new 
        subparagraph:
                    ``(C) No repayment incentives for new loans 
                disbursed on or after July 1, 2012.--
                Notwithstanding any other provision of this 
                part, the Secretary is prohibited from 
                authorizing or providing any repayment 
                incentive not otherwise authorized under this 
                part to encourage on-time repayment of a loan 
                under this part for which the first 
                disbursement of principal is made on or after 
                July 1, 2012, including any reduction in the 
                interest or origination fee rate paid by a 
                borrower of such a loan, except that the 
                Secretary may provide for an interest rate 
                reduction for a borrower who agrees to have 
                payments on such a loan automatically 
                electronically debited from a bank account.''.

SEC. 504. [20 U.S.C. 1089 NOTE] INAPPLICABILITY OF TITLE IV NEGOTIATED 
                    RULEMAKING AND MASTER CALENDAR EXCEPTION.

    Sections 482(c) and 492 of the Higher Education Act of 1965 
(20 U.S.C. 1089(c), 1098a) shall not apply to the amendments 
made by this title, or to any regulations promulgated under 
those amendments.

    Approved August 2, 2011.
                      legislative history--s. 365
                 congressional record, vol. 157 (2011):
            Feb. 17, considered and passed Senate.
            Aug. 1, considered and passed House, amended.
            Aug. 2, Senate concurred in House 
        amendment.This file is for print purposes only 
        and is not being maintained and updated--CS deg.
    

======================================================================


                   TITLE 31 OF THE UNITED STATES CODE

======================================================================


                   TITLE 31 OF THE UNITED STATES CODE

   Chapter 11--The Budget and Fiscal, Budget, and Program Information

Sec. 1101. Definitions.
Sec. 1102. Fiscal year.
Sec. 1103. Budget ceiling.
Sec. 1104. Budget and appropriations authority of the President.
Sec. 1105. Budget contents and submission to Congress.
Sec. 1106. Supplemental budget estimates and changes.
Sec. 1107. Deficiency and supplemental appropriations.
Sec. 1108. Preparation and submission of appropriations requests to the 
          President.
Sec. 1109. Current programs and activities estimates.
Sec. 1110. Year-ahead requests for authorizing legislation.
Sec. 1111. Improving economy and efficiency.
Sec. 1112. Fiscal, budget, and program information.
Sec. 1113. Congressional information.
Sec. 1115. Federal Government and agency performance plans.
Sec. 1116. Agency performance reporting.
Sec. 1117. Exemptions.
Sec. 1118. Pilot projects for performance goals.
Sec. 1119. Pilot projects for performance budgeting.
Sec. 1120. Federal Government and agency priority goals.
Sec. 1121. Quarterly priority progress reviews and use of performance 
          information.
Sec. 1122. Transparency of programs, priority goals, and results.
Sec. 1123. Chief Operating Officers.
Sec. 1124. Performance Improvement Officers and the Performance 
          Improvement Council.
Sec. 1125. Elimination of unnecessary agency reporting.

               Chapter 13 of Title 31, United States Code

Sec. 1341. Limitations on expending and obligating amounts.
Sec. 1342. Limitation on voluntary services.

               Chapter 15 of Title 31, United States Code

Sec. 1517. Prohibited obligations and expenditures.

               Chapter 31 of Title 31, United States Code

Sec. 3101. Public debt limit.
Sec. 3101A. Presidential modification of the debt ceiling.

               Chapter 33 of Title 31, United States Code

Sec. 3321. Disbursing authority in the executive branch.
                      title 31--money and finance

                    SUBTITLE II--THE BUDGET PROCESS

   Chapter 11--The Budget and Fiscal, Budget, and Program Information

SEC. 1101. DEFINITIONS.

    In this chapter--
            (1) ``agency'' includes the District of Columbia 
        government but does not include the legislative branch 
        or the Supreme Court.
            (2) ``appropriations'' means appropriated amounts 
        and includes, in appropriate context--
                    (A) funds;
                    (B) authority to make obligations by 
                contract before appropriations; and
                    (C) other authority making amounts 
                available for obligation or expenditure.

SEC. 1102. FISCAL YEAR.

    The fiscal year of the Treasury begins on October 1 of each 
year and ends on September 30 of the following year. Accounts 
of receipts and expenditures required under law to be published 
each year shall be published for the fiscal year.

SEC. 1103. BUDGET CEILING.

    Congress reaffirms its commitment that budget outlays of 
the United States Government for a fiscal year may be not more 
than the receipts of the Government for that year.

SEC. 1104. BUDGET AND APPROPRIATIONS AUTHORITY OF THE PRESIDENT.

    (a) The President shall prepare budgets of the United 
States Government under section 1105 of this title and proposed 
deficiency and supplemental appropriations under section 1107 
of this title. To the extent practicable, the President shall 
use uniform terms in stating the purposes and conditions of 
appropriations.
    (b) Except as provided in this chapter, the President shall 
prescribe the contents and order of statements in the budget on 
expenditures and estimated expenditures and statements on 
proposed appropriations and information submitted with the 
budget and proposed appropriations. The President shall include 
with the budget and proposed appropriations information on 
personnel and other objects of expenditure in the way that 
information was included in the budget for fiscal year 1950. 
However, the requirement that information be included in the 
budget in that way may be waived or changed by joint action of 
the Committees on Appropriations of both Houses of Congress. 
This subsection does not limit the authority of a committee of 
Congress to request information in a form it prescribes.
    (c) When the President makes a basic change in the form of 
the budget, the President shall submit with the budget 
information showing where items in the budget for the prior 
fiscal year are contained in the present budget. However, the 
President may change the functional categories in the budget 
only in consultation with the Committees on Appropriations and 
on the Budget of both Houses of Congress. Committees of the 
House of Representatives and Senate shall receive prompt 
notification of all such changes.
    (d) The President shall develop programs and prescribe 
regulations to improve the compilation, analysis, publication, 
and dissemination of statistical information by executive 
agencies. The President shall carry out this subsection through 
the Administrator for the Office of Information and Regulatory 
Affairs in the Office of Management and Budget.
    (e) Under regulations prescribed by the President, each 
agency shall provide information required by the President in 
carrying out this chapter. The President has access to, and may 
inspect, records of an agency to obtain information.

SEC. 1105. BUDGET CONTENTS AND SUBMISSION TO CONGRESS.

    (a) On or after the first Monday in January but not later 
than the first Monday in February of each year, the President 
shall submit a budget of the United States Government for the 
following fiscal year. Each budget shall include a budget 
message and summary and supporting information. The President 
shall include in each budget the following:
            (1) information on activities and functions of the 
        Government.
            (2) when practicable, information on costs and 
        achievements of Government programs.
            (3) other desirable classifications of information.
            (4) a reconciliation of the summary information on 
        expenditures with proposed appropriations.
            (5) except as provided in subsection (b) of this 
        section, estimated expenditures and proposed 
        appropriations the President decides are necessary to 
        support the Government in the fiscal year for which the 
        budget is submitted and the 4 fiscal years after that 
        year.
            (6) estimated receipts of the Government in the 
        fiscal year for which the budget is submitted and the 4 
        fiscal years after that year under--
                    (A) laws in effect when the budget is 
                submitted; and
                    (B) proposals in the budget to increase 
                revenues.
            (7) appropriations, expenditures, and receipts of 
        the Government in the prior fiscal year.
            (8) estimated expenditures and receipts, and 
        appropriations and proposed appropriations, of the 
        Government for the current fiscal year.
            (9) balanced statements of the--
                    (A) condition of the Treasury at the end of 
                the prior fiscal year;
                    (B) estimated condition of the Treasury at 
                the end of the current fiscal year; and
                    (C) estimated condition of the Treasury at 
                the end of the fiscal year for which the budget 
                is submitted if financial proposals in the 
                budget are adopted.
            (10) essential information about the debt of the 
        Government.
            (11) other financial information the President 
        decides is desirable to explain in practicable detail 
        the financial condition of the Government.
            (12) for each proposal in the budget for 
        legislation that would establish or expand a Government 
        activity or function, a table showing--
                    (A) the amount proposed in the budget for 
                appropriation and for expenditure because of 
                the proposal in the fiscal year for which the 
                budget is submitted; and
                    (B) the estimated appropriation required 
                because of the proposal for each of the 4 
                fiscal years after that year that the proposal 
                will be in effect.
            (13) an allowance for additional estimated 
        expenditures and proposed appropriations for the fiscal 
        year for which the budget is submitted.
            (14) an allowance for unanticipated uncontrollable 
        expenditures for that year.
            (15) a separate statement on each of the items 
        referred to in section 301(a)(1)-(5) of the 
        Congressional Budget Act of 1974 (2 U.S.C. 632(a)(1)-
        (5)).
            (16) the level of tax expenditures under existing 
        law in the tax expenditures budget (as defined in 
        section 3(a)(3) of the Congressional Budget Act of 1974 
        (2 U.S.C. 622(a)(3)) for the fiscal year for which the 
        budget is submitted, considering projected economic 
        factors and changes in the existing levels based on 
        proposals in the budget.
            (17) information on estimates of appropriations for 
        the fiscal year following the fiscal year for which the 
        budget is submitted for grants, contracts, and other 
        payments under each program for which there is an 
        authorization of appropriations for that following 
        fiscal year when the appropriations are authorized to 
        be included in an appropriation law for the fiscal year 
        before the fiscal year in which the appropriation is to 
        be available for obligation.
            (18) a comparison of the total amount of budget 
        outlays for the prior fiscal year, estimated in the 
        budget submitted for that year, for each major program 
        having relatively uncontrollable outlays with the total 
        amount of outlays for that program in that year.
            (19) a comparison of the total amount of receipts 
        for the prior fiscal year, estimated in the budget 
        submitted for that year, with receipts received in that 
        year, and for each major source of receipts, a 
        comparison of the amount of receipts estimated in that 
        budget with the amount of receipts from that source in 
        that year.
            (20) an analysis and explanation of the differences 
        between each amount compared under clauses (18) and 
        (19) of this subsection.
            (21) a horizontal budget showing--
                    (A) the programs for meteorology and of the 
                National Climate Program established under 
                section 5 of the National Climate Program Act 
                (15 U.S.C. 2904);
                    (B) specific aspects of the program of, and 
                appropriations for, each agency; and
                    (C) estimated goals and financial 
                requirements.
            (22) a statement of budget authority, proposed 
        budget authority, budget outlays, and proposed budget 
        outlays, and descriptive information in terms of--
                    (A) a detailed structure of national needs 
                that refers to the missions and programs of 
                agencies(as defined in section 101 of this 
                title); and
                    (B) the missions and basic programs.
            (23) separate appropriation accounts for 
        appropriations under the Occupational Safety and Health 
        Act of 1970(29 U.S.C. 651 et seq.) and the Federal Mine 
        Safety and Health Act of 1977 (30 U.S.C. 801 et seq.).
            (24) recommendations on the return of Government 
        capital to the Treasury by a mixed ownership 
        corporation (as defined in section 9101(2) of this 
        title) that the President decides are desirable.
            (25) a separate appropriation account for 
        appropriations for each Office of Inspector General of 
        an establishment defined under section 11(2) of the 
        Inspector General Act of 1978.
            (26) a separate statement of the amount of 
        appropriations requested for the Office of National 
        Drug Control Policy and each program of the National 
        Drug Control Program.
            (27) a separate statement of the amount of 
        appropriations requested for the Office of Federal 
        Financial Management.
            (28) beginning with fiscal year 1999, a Federal 
        Government performance plan for the overall budget as 
        provided for under section 1115.
            (29) information about the Violent Crime Reduction 
        Trust Fund, including a separate statement of amounts 
        in that Trust Fund.
            (30) an analysis displaying, by agency, proposed 
        reductions in full--time equivalent positions compared 
        to the current year's level in order to comply with 
        section 5 of the Federal Workforce Restructuring Act of 
        1994.
            (31) a separate statement of the amount of 
        appropriations requested for the Chief Financial 
        Officer in the Executive Office of the President.
            (32) a statement of the levels of budget authority 
        and outlays for each program assumed to be extended in 
        the baseline as provided in section 257(b)(2)(A) and 
        for excise taxes assumed to be extended under section 
        257(b)(2)(C) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985.
            (33) a separate appropriation account for 
        appropriations for the Council of the Inspectors 
        General on Integrity and Efficiency, and, included in 
        that account, a separate statement of the aggregate 
        amount of appropriations requested for each academy 
        maintained by the Council of the Inspectors General on 
        Integrity and Efficiency.
            (34) with respect to the amount of appropriations 
        requested for use by the Export Import Bank of the 
        United States, a separate statement of the amount 
        requested for its program budget, the amount requested 
        for its administrative expenses, and of the amount 
        requested for its administrative expenses, the amount 
        requested for technology expenses.
            (35)(A)(i) a detailed, separate analysis, by budget 
        function, by agency, and by initiative area (as 
        determined by the administration) for the prior fiscal 
        year, the current fiscal year, the fiscal years for 
        which the budget is submitted, and the ensuing fiscal 
        year identifying the amounts of gross and net 
        appropriations or obligational authority and outlays 
        that contribute to homeland security, with separate 
        displays for mandatory and discretionary amounts, 
        including--
                                    (I) summaries of the total 
                                amount of such appropriations 
                                or new obligational authority 
                                and outlays requested for 
                                homeland security;
                                    (II) an estimate of the 
                                current service levels of 
                                homeland security spending;
                                    (III) the most recent risk 
                                assessment and summary of 
                                homeland security needs in each 
                                initiative area(as determined 
                                by the administration); and
                                    (IV) an estimate of user 
                                fees collected by the Federal 
                                Government on behalf of 
                                homeland security activities;
                            (ii) with respect to subclauses (I) 
                        through (IV) of clause (i), amounts 
                        shall be provided by account for each 
                        program, project and activity; and
                            (iii) an estimate of expenditures 
                        for homeland security activities by 
                        State and local governments and the 
                        private sector for the prior fiscal 
                        year and the current fiscal year.
                    (B) In this paragraph, consistent with the 
                Office of Management and Budget's June 2002 
                ``Annual Report to Congress on Combatting 
                Terrorism'', the term ``homeland security'' 
                refers to those activities that detect, deter, 
                protect against, and respond to terrorist 
                attacks occurring within the United States and 
                its territories.
                    (C) In implementing this paragraph, 
                including determining what Federal activities 
                or accounts constitute homeland security for 
                purposes of budgetary classification, the 
                Office of Management and Budget is directed to 
                consult periodically, but at least annually, 
                with the House and Senate Budget Committees, 
                the House and Senate Appropriations Committees, 
                and the Congressional Budget Office.
            (36) as supplementary materials, a separate 
        analysis of the budgetary effects for all prior fiscal 
        years, the current fiscal year, the fiscal year for 
        which the budget is submitted, and ensuing fiscal years 
        of the actions the Secretary of the Treasury has taken 
        or plans to take using any authority provided in the 
        Emergency Economic Stabilization Act of 2008, 
        including--
                    (A) an estimate of the current value of all 
                assets purchased, sold, and guaranteed under 
                the authority provided in the Emergency 
                Economic Stabilization Act of 2008 using 
                methodology required by the Federal Credit 
                Reform Act of 1990(2 U.S.C. 661 et seq.) and 
                section 123 of the Emergency Economic 
                Stabilization Act of 2008;
                    (B) an estimate of the deficit, the debt 
                held by the public, and the gross Federal debt 
                using methodology required by the Federal 
                Credit Reform Act of 1990 and section 123 of 
                the Emergency Economic Stabilization Act of 
                2008;
                    (C) an estimate of the current value of all 
                assets purchased, sold, and guaranteed under 
                the authority provided in the Emergency 
                Economic Stabilization Act of 2008 calculated 
                on a cash basis;
                    (D) a revised estimate of the deficit, the 
                debt held by the public, and the gross Federal 
                debt, substituting the cash--based estimates in 
                subparagraph (C) for the estimates calculated 
                under subparagraph(A) pursuant to the Federal 
                Credit Reform Act of 1990 and section 123 of 
                the Emergency Economic Stabilization Act of 
                2008; and
                    (E) the portion of the deficit which can be 
                attributed to any action taken by the Secretary 
                using authority provided by the Emergency 
                Economic Stabilization Act of 2008 and the 
                extent to which the change in the deficit since 
                the most recent estimate is due to a reestimate 
                using the methodology required by the Federal 
                Credit Reform Act of 1990 and section 123 of 
                the Emergency Economic Stabilization Act of 
                2008.
            (37) \83\ information on estimates of 
        appropriations for the fiscal year following the fiscal 
        year for which the budget is submitted for the 
        following medical care accounts of the Veterans Health 
        Administration, Department of Veterans Affairs account:
---------------------------------------------------------------------------
    \83\ So in original. Another paragraph (37) is set out after 
paragraph (38).
---------------------------------------------------------------------------
                    (A) Medical Services.
                    (B) Medical Support and Compliance.
                    (C) Medical Facilities.
            (38) a separate statement for the Crow Settlement 
        Fund established under section 411 of the Crow Tribe 
        Water Rights Settlement Act of 2010, which shall 
        include the estimated amount of deposits into the Fund, 
        obligations, and outlays from the Fund.
            (37) \84\ the list of plans and reports, as 
        provided for under section 1125, that agencies 
        identified for elimination or consolidation because the 
        plans and reports are determined outdated or 
        duplicative of other required plans and reports.
---------------------------------------------------------------------------
    \84\ So in original. Another paragraph (37) is set out before the 
preceding paragraph (38).
---------------------------------------------------------------------------
    (b) Estimated expenditures and proposed appropriations for 
the legislative branch and the judicial branch to be included 
in each budget under subsection (a)(5) of this section shall be 
submitted to the President before October 16 of each year and 
included in the budget by the President without change.
    (c) The President shall recommend in the budget appropriate 
action to meet an estimated deficiency when the estimated 
receipts for the fiscal year for which the budget is submitted 
(under laws in effect when the budget is submitted) and the 
estimated amounts in the Treasury at the end of the current 
fiscal year available for expenditure in the fiscal year for 
which the budget is submitted, are less than the estimated 
expenditures for that year. The President shall make 
recommendations required by the public interest when the 
estimated receipts and estimated amounts in the Treasury are 
more than the estimated expenditures.
    (d) When the President submits a budget or supporting 
information about a budget, the President shall include a 
statement on all changes about the current fiscal year that 
were made before the budget or information was submitted.
    (e)(1) The President shall submit with materials related to 
each budget transmitted under subsection (a) on or after 
January 1, 1985, an analysis for the ensuing fiscal year that 
shall identify requested appropriations or new obligational 
authority and outlays for each major program that may be 
classified as a public civilian capital investment program and 
for each major program that may be classified as a military 
capital investment program, and shall contain summaries of the 
total amount of such appropriations or new obligational 
authority and outlays for public civilian capital investment 
programs and summaries of the total amount of such 
appropriations or new obligational authority and outlays for 
military capital investment programs. In addition, the analysis 
under this paragraph shall contain--
                    (A) an estimate of the current service 
                levels of public civilian capital investment 
                and of military capital investment and 
                alternative high and low levels of such 
                investments over a period of ten years in 
                current dollars and over a period of five years 
                in constant dollars;
                    (B) the most recent assessment analysis and 
                summary, in a standard format, of public 
                civilian capital investment needs in each major 
                program area over a period of ten years;
                    (C) an identification and analysis of the 
                principal policy issues that affect estimated 
                public civilian capital investment needs for 
                each major program; and
                    (D) an identification and analysis of 
                factors that affect estimated public civilian 
                capital investment needs for each major 
                program, including but not limited to the 
                following factors:
                            (i) economic assumptions;
                            (ii) engineering standards;
                            (iii) estimates of spending for 
                        operation and maintenance;
                            (iv) estimates of expenditures for 
                        similar investments by State and local 
                        governments; and
                            (v) estimates of demand for public 
                        services derived from such capital 
                        investments and estimates of the 
                        service capacity of such investments.
    To the extent that any analysis required by this paragraph 
relates to any program for which Federal financial assistance 
is distributed under a formula prescribed by law, such analysis 
shall be organized by State and within each State by major 
metropolitan area if data are available.
            (2) For purposes of this subsection, any 
        appropriation, new obligational authority, or outlay 
        shall be classified as a public civilian capital 
        investment to the extent that such appropriation, 
        authority, or outlay will be used for the construction, 
        acquisition, or rehabilitation of any physical asset 
        that is capable of being used to produce services or 
        other benefits for a number of years and is not 
        classified as a military capital investment under 
        paragraph (3). Such assets shall include (but not be 
        limited to)--
                    (A) roadways or bridges,
                    (B) airports or airway facilities,
                    (C) mass transportation systems,
                    (D) wastewater treatment or related 
                facilities,
                    (E) water resources projects,
                    (F) hospitals,
                    (G) resource recovery facilities,
                    (H) public buildings,
                    (I) space or communications facilities,
                    (J) railroads, and
                    (K) federally assisted housing.
            (3) For purposes of this subsection, any 
        appropriation, new obligational authority, or outlay 
        shall be classified as a military capital investment to 
        the extent that such appropriation, authority, or 
        outlay will be used for the construction, acquisition, 
        or rehabilitation of any physical asset that is capable 
        of being used to produce services or other benefits for 
        purposes of national defense and security for a number 
        of years. Such assets shall include military bases, 
        posts, installations, and facilities.
            (4) Criteria and guidelines for use in the 
        identification of public civilian and military capital 
        investments, for distinguishing between public civilian 
        and military capital investments, and for 
        distinguishing between major and nonmajor capital 
        investment programs shall be issued by the Director of 
        the Office of Management and Budget after consultation 
        with the Comptroller General and the Congressional 
        Budget Office. The analysis submitted under this 
        subsection shall be accompanied by an explanation of 
        such criteria and guidelines.
            (5) For purposes of this subsection--
                    (A) the term ``construction'' includes the 
                design, planning, and erection of new 
                structures and facilities, the expansion of 
                existing structures and facilities, the 
                reconstruction of a project at an existing site 
                or adjacent to an existing site, and the 
                installation of initial and replacement 
                equipment for such structures and facilities;
                    (B) the term ``acquisition'' includes the 
                addition of land, sites, equipment, structures, 
                facilities, or rolling stock by purchase, 
                lease--purchase, trade, or donation; and
                    (C) the term ``rehabilitation'' includes 
                the alteration of or correction of deficiencies 
                in an existing structure or facility so as to 
                extend the useful life or improve the 
                effectiveness of the structure or facility, the 
                modernization or replacement of equipment at an 
                existing structure or facility, and the 
                modernization of, or replacement of parts for, 
                rolling stock.
    (f) The budget transmitted pursuant to subsection (a) for a 
fiscal year shall be prepared in a manner consistent with the 
requirements of the Balanced Budget and Emergency Deficit 
Control Act of 1985 that apply to that and subsequent fiscal 
years.
    (g)(1) The Director of the Office of Management and Budget 
shall establish the funding for advisory and assistance 
services for each department and agency as a separate object 
class in each budget annually submitted to the Congress under 
this section.
            (2)(A) In paragraph (1), except as provided in 
        subparagraph(B), the term ``advisory and assistance 
        services'' means the following services when provided 
        by nongovernmental sources:
                            (i) Management and professional 
                        support services.
                            (ii) Studies, analyses, and 
                        evaluations.
                            (iii) Engineering and technical 
                        services.
                    (B) In paragraph (1), the term ``advisory 
                and assistance services'' does not include the 
                following services:
                            (i) Routine automated data 
                        processing and telecommunications 
                        services unless such services are an 
                        integral part of a contract for the 
                        procurement of advisory and assistance 
                        services.
                            (ii) Architectural and engineering 
                        services, as defined in section 1102 of 
                        title 40.
                            (iii) Research on basic mathematics 
                        or medical, biological, physical, 
                        social, psychological, or other 
                        phenomena.
    (h)(1) If there is a Medicare funding warning under section 
801(a)(2) of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 made in a year, the President shall 
submit to Congress, within the 15-day period beginning on the 
date of the budget submission to Congress under subsection (a) 
for the succeeding year, proposed legislation to respond to 
such warning.
            (2) Paragraph (1) does not apply if, during the 
        year in which the warning is made, legislation is 
        enacted which eliminates excess general revenue 
        Medicare funding (as defined in section 801(c) of the 
        Medicare Prescription Drug, Improvement, and 
        Modernization Act of 2003) for the 7-fiscal year 
        reporting period, as certified by the Board of Trustees 
        of each Medicare trust fund (as defined in section 
        801(c)(5) of such Act) not later than 30 days after the 
        date of the enactment of such legislation.

SEC. 1106. SUPPLEMENTAL BUDGET ESTIMATES AND CHANGES.

    (a) Before July 16 of each year, the President shall submit 
to Congress a supplemental summary of the budget for the fiscal 
year for which the budget is submitted under section 1105(a) of 
this title. The summary shall include--
            (1) for that fiscal year--
                    (A) substantial changes in or reappraisals 
                of estimates of expenditures and receipts;
                    (B) substantial obligations imposed on the 
                budget after its submission;
                    (C) current information on matters referred 
                to in section 1105(a)(8) and (9)(B) and (C) of 
                this title; and
                    (D) additional information the President 
                decides is advisable to provide Congress with 
                complete and current information about the 
                budget and current estimates of the functions, 
                obligations, requirements, and financial 
                condition of the United States Government;
            (2) for the 4 fiscal years following the fiscal 
        year for which the budget is submitted, information on 
        estimated expenditures for programs authorized to 
        continue in future years, or that are considered 
        mandatory, under law; and
            (3) for future fiscal years, information on 
        estimated expenditures of balances carried over from 
        the fiscal year for which the budget is submitted.
    (b) Before July 16 of each year, the President shall submit 
to Congress a statement of changes in budget authority 
requested, estimated budget outlays, and estimated receipts for 
the fiscal year for which the budget is submitted (including 
prior changes proposed for the executive branch of the 
Government) that the President decides are necessary and 
appropriate based on current information. The statement shall 
include the effect of those changes on the information 
submitted under section 1105(a)(1)-(14) and (b) of this title 
and shall include supporting information as practicable. The 
statement submitted before July 16 may be included in the 
information submitted under subsection (a)(1) of this section.
    (c) Subsection (f) of section 1105 shall apply to revisions 
and supplemental summaries submitted under this section to the 
same extent that such subsection applies to the budget 
submitted under section 1105(a) to which such revisions and 
summaries relate.

SEC. 1107. DEFICIENCY AND SUPPLEMENTAL APPROPRIATIONS.

    The President may submit to Congress proposed deficiency 
and supplemental appropriations the President decides are 
necessary because of laws enacted after the submission of the 
budget or that are in the public interest. The President shall 
include the reasons for the submission of the proposed 
appropriations and the reasons the proposed appropriations were 
not included in the budget. When the total proposed 
appropriations would have required the President to make a 
recommendation under section 1105(c) of this title if they had 
been included in the budget, the President shall make a 
recommendation under that section.

SEC. 1108. PREPARATION AND SUBMISSION OF APPROPRIATIONS REQUESTS TO THE 
                    PRESIDENT.

    (a) In this section (except subsections (b)(1) and (e)), 
``agency'' means a department, agency, or instrumentality of 
the United States Government.
    (b)(1) The head of each agency shall prepare and submit to 
the President each appropriation request for the agency. The 
request shall be prepared and submitted in the form prescribed 
by the President under this chapter and by the date established 
by the President. When the head of an agency does not submit a 
request by that date, the President shall prepare the request 
for the agency to be included in the budget or changes in the 
budget or as deficiency and supplemental appropriations. The 
President may change agency appropriation requests. Agency 
appropriation requests shall be developed from cost--based 
budgets in the way and at times prescribed by the President. 
The head of the agency shall use the cost--based budget to 
administer the agency and to divide appropriations or amounts.
            (2) An officer or employee of an agency in the 
        executive branch may submit to the President or 
        Congress a request for legislation authorizing 
        deficiency or supplemental appropriations for the 
        agency only with the approval of the head of the 
        agency.
    (c) The head of an agency shall include with an 
appropriation request submitted to the President a report that 
the statement of obligations submitted with the request 
contains obligations consistent with section 1501 of this 
title. The head of the agency shall support the report with a 
certification of the consistency and shall support the 
certification with records showing that the amounts have been 
obligated. The head of the agency shall designate officials to 
make the certifications, and those officials may not delegate 
the duty to make the certifications. The certifications and 
records shall be kept in the agency--
            (1) in a form that makes audits and reconciliations 
        easy; and
            (2) for a period necessary to carry out audits and 
        reconciliations.
    (d) To the extent practicable, the head of an agency 
shall--
            (1) provide information supporting the agency's 
        budget request for its missions by function and 
        subfunction (including the mission of each 
        organizational unit of the agency); and
            (2) relate the agency's programs to its missions.
    (e) Except as provided in subsection (subsection (f) of 
this section, an officer or employee of an agency(as defined in 
section 1101 of this title) may submit to Congress or a 
committee of Congress an appropriations estimate or request, a 
request for an increase in that estimate or request, or a 
recommendation on meeting the financial needs of the Government 
only when requested by either House of Congress.
    (f) The Interstate Commerce Commission shall submit to 
Congress copies of budget estimates, requests, and information 
(including personnel needs), legislative recommendations, 
prepared testimony for congressional hearings, and comments on 
legislation at the same time they are sent to the President or 
the Office of Management and Budget. An officer of an agency 
may not impose conditions on or impair communication by the 
Commission with Congress, or a committee or member of Congress, 
about the information.
    (g) Amounts available under law are available for field 
examinations of appropriation estimates. The use of the amounts 
is subject only to regulations prescribed by the appropriate 
standing committees of Congress.

SEC. 1109. CURRENT PROGRAMS AND ACTIVITIES ESTIMATES.

    (a) On or before the first Monday after January 3 of each 
year (on or before February 5 in 1986), the President shall 
submit to both Houses of Congress the estimated budget outlays 
and proposed budget authority that would be included in the 
budget for the following fiscal year if programs and activities 
of the United States Government were carried on during that 
year at the same level as the current fiscal year without a 
change in policy. The President shall state the estimated 
budget outlays and proposed budget authority by function and 
subfunction under the classifications in the budget summary 
table under the heading ``Budget Authority and Outlays by 
Function and Agency'', by major programs in each function, and 
by agency. The President also shall include a statement of the 
economic and program assumptions on which those budget outlays 
and budget authority are based, including inflation, real 
economic growth, and unemployment rates, program caseloads, and 
pay increases.
    (b) The Joint Economic Committee shall review the estimated 
budget outlays and proposed budget authority and submit an 
economic evaluation of the budget outlays and budget authority 
to the Committees on the Budget of both Houses before March 1 
of each year.

SEC. 1110. YEAR-AHEAD REQUESTS FOR AUTHORIZING LEGISLATION.

    A request to enact legislation authorizing new budget 
authority to continue a program or activity for a fiscal year 
shall be submitted to Congress before May 16 of the year before 
the year in which the fiscal year begins. If a new program or 
activity will continue for more than one year, the request must 
be submitted for at least the first and 2d fiscal years.

SEC. 1111. IMPROVING ECONOMY AND EFFICIENCY.

    To improve economy and efficiency in the United States 
Government, the President shall--
            (1) make a study of each agency to decide, and may 
        send Congress recommendations, on changes that should 
        be made in--
                    (A) the organization, activities, and 
                business methods of agencies;
                    (B) agency appropriations;
                    (C) the assignment of particular activities 
                to particular services; and
                    (D) regrouping of services; and
            (2) evaluate and develop improved plans for the 
        organization, coordination, and management of the 
        executive branch of the Government.

SEC. 1112. FISCAL, BUDGET, AND PROGRAM INFORMATION.

    (a) In this section, ``agency'' means a department, agency, 
or instrumentality of the United States Government except a 
mixed--ownership Government corporation.
    (b) In cooperation with the Comptroller General, the 
Secretary of the Treasury and the Director of the Office of 
Management and Budget shall establish and maintain standard 
data processing and information systems for fiscal, budget, and 
program information for use by agencies to meet the needs of 
the Government, and to the extent practicable, of State and 
local governments.
    (c) The Comptroller General--
            (1) in cooperation with the Secretary, the Director 
        of the Office of Management and Budget, and the 
        Director of the Congressional Budget Office, shall 
        establish, maintain, and publish standard terms and 
        classifications for fiscal, budget, and program 
        information of the Government, including information on 
        fiscal policy, receipts, expenditures, programs, 
        projects, activities, and functions;
            (2) when advisable, shall report to Congress on 
        those terms and classifications, and recommend 
        legislation necessary to promote the establishment, 
        maintenance, and use of standard terms and 
        classifications by the executive branch of the 
        Government; and
            (3) in carrying out this subsection, shall give 
        particular consideration to the needs of the Committees 
        on Appropriations and on the Budget of both Houses of 
        Congress, the Committee on Ways and Means of the House, 
        the Committee on Finance of the Senate, and the 
        Congressional Budget Office.
    (d) Agencies shall use the standard terms and 
classifications published under subsection (c)(1) of this 
section in providing fiscal, budget, and program information to 
Congress.
    (e) In consultation with the President, the head of each 
executive agency shall take actions necessary to achieve to the 
extent possible--
            (1) consistency in budget and accounting 
        classifications;
            (2) synchronization between those classifications 
        and organizational structure; and
            (3) information by organizational unit on 
        performance and program costs to support budget 
        justifications.
    (f) In cooperation with the Director of the Congressional 
Budget Office, the Comptroller General, and appropriate 
representatives of State and local governments, the Director of 
the Office of Management and Budget (to the extent practicable) 
shall provide State and local governments with fiscal, budget, 
and program information necessary for accurate and timely 
determination by those governments of the impact on their 
budgets of assistance of the United States Government.

SEC. 1113. CONGRESSIONAL INFORMATION.

    (a)(1) When requested by a committee of Congress having 
jurisdiction over receipts or appropriations, the President 
shall provide the committee with assistance and information.
            (2) When requested by a committee of Congress, 
        additional information related to the amount of an 
        appropriation originally requested by an Office of 
        Inspector General shall be submitted to the committee.
    (b) When requested by a committee of Congress, by the 
Comptroller General, or by the Director of the Congressional 
Budget Office, the Secretary of the Treasury, the Director of 
the Office of Management and Budget, and the head of each 
executive agency shall--
            (1) provide information on the location and kind of 
        available fiscal, budget, and program information;
            (2) to the extent practicable, prepare summary 
        tables of that fiscal, budget, and program information 
        and related information the committee, the Comptroller 
        General, or the Director of the Congressional Budget 
        Office considers necessary; and
            (3) provide a program evaluation carried out or 
        commissioned by an executive agency.
    (c) In cooperation with the Director of the Congressional 
Budget Office, the Secretary, and the Director of the Office of 
Management and Budget, the Comptroller General shall--
            (1) establish and maintain a current directory of 
        sources of, and information systems for, fiscal, 
        budget, and program information and a brief description 
        of the contents of each source and system;
            (2) when requested, provide assistance to 
        committees of Congress and members of Congress in 
        obtaining information from the sources in the 
        directory; and
            (3) when requested, provide assistance to 
        committees and, to the extent practicable, to members 
        of Congress in evaluating the information obtained from 
        the sources in the directory.
    (d) To the extent they consider necessary, the Comptroller 
General and the Director of the Congressional Budget Office 
individually or jointly shall establish and maintain a file of 
information to meet recurring needs of Congress for fiscal, 
budget, and program information to carry out this section and 
sections 717 and 1112 of this title. The file shall include 
information on budget requests, congressional authorizations to 
obligate and expend, apportionment and reserve actions, and 
obligations and expenditures. The Comptroller General and the 
Director shall maintain the file and an index to the file so 
that it is easier for the committees and agencies of Congress 
to use the file and index through data processing and 
communications techniques.
    (e)(1) The Comptroller General shall--
                    (A) carry out a continuing program to 
                identify the needs of committees and members of 
                Congress for fiscal, budget, and program 
                information to carry out this section and 
                section 1112 of this title;
                    (B) assist committees of Congress in 
                developing their information needs;
                    (C) monitor recurring reporting 
                requirements of Congress and committees; and
                    (D) make recommendations to Congress and 
                committees for changes and improvements in 
                those reporting requirements to meet 
                information needs identified by the Comptroller 
                General, to improve their usefulness to 
                congressional users, and to eliminate 
                unnecessary reporting.
            (2) Before September 2 of each year, the 
        Comptroller General shall report to Congress on--
                    (A) the needs identified under 
                paragraph(1)(A) of this subsection;
                    (B) the relationship of those needs to 
                existing reporting requirements;
                    (C) the extent to which reporting by the 
                executive branch of the United States 
                Government currently meets the identified 
                needs;
                    (D) the changes to standard classifications 
                necessary to meet congressional needs;
                    (E) activities, progress, and results of 
                the program of the Comptroller General under 
                paragraph(1)(B)-(D) of this subsection; and
                    (F) progress of the executive branch in the 
                prior year.
            (3) Before March 2 of each year, the Director of 
        the Office of Management and Budget and the Secretary 
        shall report to Congress on plans for meeting the needs 
        identified under paragraph(1)(A) of this subsection, 
        including--
                    (A) plans for carrying out changes to 
                classifications to meet information needs of 
                Congress;
                    (B) the status of information systems in 
                the prior year; and
                    (C) the use of standard classifications.

SEC. 1114. REPEALED.\85\
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    \85\ Section 1114 repealed Public Law 103-355, title II, Sec. 
2454(c)(2), Oct. 13, 1994, 108 Stat. 3326. The repealed Public Law 97-
258, Sept. 13, 1982, 96 Stat. 916, related to budget information on 
consulting services.
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SEC. 1115. FEDERAL GOVERNMENT AND AGENCY PERFORMANCE PLANS.

    (a) Federal Government Performance Plans.--In carrying out 
the provisions of section 1105(a)(28), the Director of the 
Office of Management and Budget shall coordinate with agencies 
to develop the Federal Government performance plan. In addition 
to the submission of such plan with each budget of the United 
States Government, the Director of the Office of Management and 
Budget shall ensure that all information required by this 
subsection is concurrently made available on the website 
provided under section 1122 and updated periodically, but no 
less than annually. The Federal Government performance plan 
shall--
            (1) establish Federal Government performance goals 
        to define the level of performance to be achieved 
        during the year in which the plan is submitted and the 
        next fiscal year for each of the Federal Government 
        priority goals required under section 1120(a) of this 
        title;
            (2) identify the agencies, organizations, program 
        activities, regulations, tax expenditures, policies, 
        and other activities contributing to each Federal 
        Government performance goal during the current fiscal 
        year;
            (3) for each Federal Government performance goal, 
        identify a lead Government official who shall be 
        responsible for coordinating the efforts to achieve the 
        goal;
            (4) establish common Federal Government performance 
        indicators with quarterly targets to be used in 
        measuring or assessing--
                    (A) overall progress toward each Federal 
                Government performance goal; and
                    (B) the individual contribution of each 
                agency, organization, program activity, 
                regulation, tax expenditure, policy, and other 
                activity identified under paragraph(2);
            (5) establish clearly defined quarterly milestones; 
        and
            (6) identify major management challenges that are 
        Governmentwide or crosscutting in nature and describe 
        plans to address such challenges, including relevant 
        performance goals, performance indicators, and 
        milestones.
    (b) Agency Performance Plans.--Not later than the first 
Monday in February of each year, the head of each agency shall 
make available on a public website of the agency, and notify 
the President and the Congress of its availability, a 
performance plan covering each program activity set forth in 
the budget of such agency. Such plan shall--
            (1) establish performance goals to define the level 
        of performance to be achieved during the year in which 
        the plan is submitted and the next fiscal year;
            (2) express such goals in an objective, 
        quantifiable, and measurable form unless authorized to 
        be in an alternative form under subsection (c);
            (3) describe how the performance goals contribute 
        to--
                    (A) the general goals and objectives 
                established in the agency's strategic plan 
                required by section 306(a)(2) of title 5; and
                    (B) any of the Federal Government 
                performance goals established in the Federal 
                Government performance plan required by 
                subsection (a)(1);
            (4) identify among the performance goals those 
        which are designated as agency priority goals as 
        required by section 1120(b) of this title, if 
        applicable;
            (5) provide a description of how the performance 
        goals are to be achieved, including--
                    (A) the operation processes, training, 
                skills and technology, and the human, capital, 
                information, and other resources and strategies 
                required to meet those performance goals;
                    (B) clearly defined milestones;
                    (C) an identification of the organizations, 
                program activities, regulations, policies, and 
                other activities that contribute to each 
                performance goal, both within and external to 
                the agency;
                    (D) a description of how the agency is 
                working with other agencies to achieve its 
                performance goals as well as relevant Federal 
                Government performance goals; and
                    (E) an identification of the agency 
                officials responsible for the achievement of 
                each performance goal, who shall be known as 
                goal leaders;
            (6) establish a balanced set of performance 
        indicators to be used in measuring or assessing 
        progress toward each performance goal, including, as 
        appropriate, customer service, efficiency, output, and 
        outcome indicators;
            (7) provide a basis for comparing actual program 
        results with the established performance goals;
            (8) a description of how the agency will ensure the 
        accuracy and reliability of the data used to measure 
        progress towards its performance goals, including an 
        identification of--
                    (A) the means to be used to verify and 
                validate measured values;
                    (B) the sources for the data;
                    (C) the level of accuracy required for the 
                intended use of the data;
                    (D) any limitations to the data at the 
                required level of accuracy; and
                    (E) how the agency will compensate for such 
                limitations if needed to reach the required 
                level of accuracy;
            (9) describe major management challenges the agency 
        faces and identify--
                    (A) planned actions to address such 
                challenges;
                    (B) performance goals, performance 
                indicators, and milestones to measure progress 
                toward resolving such challenges; and
                    (C) the agency official responsible for 
                resolving such challenges; and
            (10) identify low--priority program activities 
        based on an analysis of their contribution to the 
        mission and goals of the agency and include an 
        evidence--based justification for designating a program 
        activity as low priority.
    (c) Alternative Form.--If an agency, in consultation with 
the Director of the Office of Management and Budget, determines 
that it is not feasible to express the performance goals for a 
particular program activity in an objective, quantifiable, and 
measurable form, the Director of the Office of Management and 
Budget may authorize an alternative form. Such alternative form 
shall--
            (1) include separate descriptive statements of--
                    (A)(i) a minimally effective program; and
                            (ii) a successful program; or
                    (B) such alternative as authorized by the 
                Director of the Office of Management and 
                Budget, with sufficient precision and in such 
                terms that would allow for an accurate, 
                independent determination of whether the 
                program activity's performance meets the 
                criteria of the description; or
            (2) state why it is infeasible or impractical to 
        express a performance goal in any form for the program 
        activity.
    (d) Treatment of Program Activities.--For the purpose of 
complying with this section, an agency may aggregate, 
disaggregate, or consolidate program activities, except that 
any aggregation or consolidation may not omit or minimize the 
significance of any program activity constituting a major 
function or operation for the agency.
    (e) Appendix.--An agency may submit with an annual 
performance plan an appendix covering any portion of the plan 
that--
            (1) is specifically authorized under criteria 
        established by an Executive order to be kept secret in 
        the interest of national defense or foreign policy; and
            (2) is properly classified pursuant to such 
        Executive order.
    (f) Inherently Governmental Functions.--The functions and 
activities of this section shall be considered to be inherently 
governmental functions. The drafting of performance plans under 
this section shall be performed only by Federal employees.
    (g) Chief Human Capital Officers.--With respect to each 
agency with a Chief Human Capital Officer, the Chief Human 
Capital Officer shall prepare that portion of the annual 
performance plan described under subsection (b)(5)(A).
    (h) Definitions.--For purposes of this section and sections 
1116 through 1125, and sections 9703(1) and 9704, the term--
            (1) ``agency'' has the same meaning as such term is 
        defined under section 306(f) of title 5;
            (2) ``crosscutting'' means across organizational 
        (such as agency) boundaries;
            (3) ``customer service measure'' means an 
        assessment of service delivery to a customer, client, 
        citizen, or other recipient, which can include an 
        assessment of quality, timeliness, and satisfaction 
        among other factors;
            (4) ``efficiency measure'' means a ratio of a 
        program activity's inputs(such as costs or hours worked 
        by employees) to its outputs (amount of products or 
        services delivered) or outcomes (the desired results of 
        a program);
            (5) ``major management challenge'' means programs 
        or management functions, within or across agencies, 
        that have greater vulnerability to waste, fraud, abuse, 
        and mismanagement (such as issues identified by the 
        Government Accountability Office as high risk or issues 
        identified by an Inspector General) where a failure to 
        perform well could seriously affect the ability of an 
        agency or the Government to achieve its mission or 
        goals;
            (6) ``milestone'' means a scheduled event 
        signifying the completion of a major deliverable or a 
        set of related deliverables or a phase of work;
            (7) ``outcome measure'' means an assessment of the 
        results of a program activity compared to its intended 
        purpose;
            (8) ``output measure'' means the tabulation, 
        calculation, or recording of activity or effort that 
        can be expressed in a quantitative or qualitative 
        manner;
            (9) ``performance goal'' means a target level of 
        performance expressed as a tangible, measurable 
        objective, against which actual achievement can be 
        compared, including a goal expressed as a quantitative 
        standard, value, or rate;
            (10) ``performance indicator'' means a particular 
        value or characteristic used to measure output or 
        outcome;
            (11) ``program activity'' means a specific activity 
        or project as listed in the program and financing 
        schedules of the annual budget of the United States 
        Government; and
            (12) ``program evaluation'' means an assessment, 
        through objective measurement and systematic analysis, 
        of the manner and extent to which Federal programs 
        achieve intended objectives.

SEC. 1116. AGENCY PERFORMANCE REPORTING.

    (a) The head of each agency shall make available on a 
public website of the agency and to the Office of Management 
and Budget an update on agency performance.
    (b)(1) Each update shall compare actual performance 
achieved with the performance goals established in the agency 
performance plan under section 1115(b) and shall occur no less 
than 150 days after the end of each fiscal year, with more 
frequent updates of actual performance on indicators that 
provide data of significant value to the Government, Congress, 
or program partners at a reasonable level of administrative 
burden.
            (2) If performance goals are specified in an 
        alternative form under section 1115(c), the results 
        shall be described in relation to such specifications, 
        including whether the performance failed to meet the 
        criteria of a minimally effective or successful 
        program.
    (c) Each update shall--
            (1) review the success of achieving the performance 
        goals and include actual results for the 5 preceding 
        fiscal years;
            (2) evaluate the performance plan for the current 
        fiscal year relative to the performance achieved toward 
        the performance goals during the period covered by the 
        update;
            (3) explain and describe where a performance goal 
        has not been met (including when a program activity's 
        performance is determined not to have met the criteria 
        of a successful program activity under section 
        1115(c)(1)(A)(ii) or a corresponding level of 
        achievement if another alternative form is used)--
                    (A) why the goal was not met;
                    (B) those plans and schedules for achieving 
                the established performance goal; and
                    (C) if the performance goal is impractical 
                or infeasible, why that is the case and what 
                action is recommended;
            (4) describe the use and assess the effectiveness 
        in achieving performance goals of any waiver under 
        section 9703 (!1) of this title;
            (5) include a review of the performance goals and 
        evaluation of the performance plan relative to the 
        agency's strategic human capital management;
            (6) describe how the agency ensures the accuracy 
        and reliability of the data used to measure progress 
        towards its performance goals, including an 
        identification of--
                    (A) the means used to verify and validate 
                measured values;
                    (B) the sources for the data;
                    (C) the level of accuracy required for the 
                intended use of the data;
                    (D) any limitations to the data at the 
                required level of accuracy; and
                    (E) how the agency has compensated for such 
                limitations if needed to reach the required 
                level of accuracy; and
            (7) include the summary findings of those program 
        evaluations completed during the period covered by the 
        update.
    (d) If an agency performance update includes any program 
activity or information that is specifically authorized under 
criteria established by an Executive Order to be kept secret in 
the interest of national defense or foreign policy and is 
properly classified pursuant to such Executive Order, the head 
of the agency shall make such information available in the 
classified appendix provided under section 1115(e).
    (e) The functions and activities of this section shall be 
considered to be inherently governmental functions. The 
drafting of agency performance updates under this section shall 
be performed only by Federal employees.
    (f) Each fiscal year, the Office of Management and Budget 
shall determine whether the agency programs or activities meet 
performance goals and objectives outlined in the agency 
performance plans and submit a report on unmet goals to--
            (1) the head of the agency;
            (2) the Committee on Homeland Security and 
        Governmental Affairs of the Senate;
            (3) the Committee on Oversight and Governmental 
        Reform of the House of Representatives; and
            (4) the Government Accountability Office.
    (g) If an agency's programs or activities have not met 
performance goals as determined by the Office of Management and 
Budget for 1 fiscal year, the head of the agency shall submit a 
performance improvement plan to the Office of Management and 
Budget to increase program effectiveness for each unmet goal 
with measurable milestones. The agency shall designate a senior 
official who shall oversee the performance improvement 
strategies for each unmet goal.
    (h)(1) If the Office of Management and Budget determines 
that agency programs or activities have unmet performance goals 
for 2 consecutive fiscal years, the head of the agency shall--
                    (A) submit to Congress a description of the 
                actions the Administration will take to improve 
                performance, including proposed statutory 
                changes or planned executive actions; and
                    (B) describe any additional funding the 
                agency will obligate to achieve the goal, if 
                such an action is determined appropriate in 
                consultation with the Director of the Office of 
                Management and Budget, for an amount determined 
                appropriate by the Director.
            (2) In providing additional funding described under 
        paragraph (1)(B), the head of the agency shall use any 
        reprogramming or transfer authority available to the 
        agency. If after exercising such authority additional 
        funding is necessary to achieve the level determined 
        appropriate by the Director of the Office of Management 
        and Budget, the head of the agency shall submit a 
        request to Congress for additional reprogramming or 
        transfer authority.
    (i) If an agency's programs or activities have not met 
performance goals as determined by the Office of Management and 
Budget for 3 consecutive fiscal years, the Director of the 
Office of Management and Budget shall submit recommendations to 
Congress on actions to improve performance not later than 60 
days after that determination, including--
            (1) reauthorization proposals for each program or 
        activity that has not met performance goals;
            (2) proposed statutory changes necessary for the 
        program activities to achieve the proposed level of 
        performance on each performance goal; and
            (3) planned executive actions or identification of 
        the program for termination or reduction in the 
        President's budget.

SEC. 1117. EXEMPTION.

    The Director of the Office of Management and Budget may 
exempt from the requirements of sections 1115 and 1116 of this 
title and section 306 of title 5, any agency with annual 
outlays of $20,000,000 or less.

SEC. 1118. PILOT PROJECTS FOR PERFORMANCE GOALS.

    (a) The Director of the Office of Management and Budget, 
after consultation with the head of each agency, shall 
designate not less than ten agencies as pilot projects in 
performance measurement for fiscal years 1994, 1995, and 1996. 
The selected agencies shall reflect a representative range of 
Government functions and capabilities in measuring and 
reporting program performance.
    (b) Pilot projects in the designated agencies shall 
undertake the preparation of performance plans under section 
1115, and program performance reports under section 1116, other 
than section 1116(c), for one or more of the major functions 
and operations of the agency. A strategic plan shall be used 
when preparing agency performance plans during one or more 
years of the pilot period.
    (c) No later than May 1, 1997, the Director of the Office 
of Management and Budget shall submit a report to the President 
and to the Congress which shall--
            (1) assess the benefits, costs, and usefulness of 
        the plans and reports prepared by the pilot agencies in 
        meeting the purposes of the Government Performance and 
        Results Act of 1993;
            (2) identify any significant difficulties 
        experienced by the pilot agencies in preparing plans 
        and reports; and
            (3) set forth any recommended changes in the 
        requirements of the provisions of Government 
        Performance and Results Act of 1993, section 306 of 
        title 5, sections 1105, 1115, 1116, 1117, 1119 and 9703 
        of this title, and this section.

SEC. 1119. PILOT PROJECTS FOR PERFORMANCE BUDGETING.

    (a) The Director of the Office of Management and Budget, 
after consultation with the head of each agency shall designate 
not less than five agencies as pilot projects in performance 
budgeting for fiscal years 1998 and 1999. At least three of the 
agencies shall be selected from those designated as pilot 
projects under section 1118, and shall also reflect a 
representative range of Government functions and capabilities 
in measuring and reporting program performance.
    (b) Pilot projects in the designated agencies shall cover 
the preparation of performance budgets. Such budgets shall 
present, for one or more of the major functions and operations 
of the agency, the varying levels of performance, including 
outcome related performance, that would result from different 
budgeted amounts.
    (c) The Director of the Office of Management and Budget 
shall include, as an alternative budget presentation in the 
budget submitted under section 1105 for fiscal year 1999, the 
performance budgets of the designated agencies for this fiscal 
year.
    (d) No later than March 31, 2001, the Director of the 
Office of Management and Budget shall transmit a report to the 
President and to the Congress on the performance budgeting 
pilot projects which shall--
            (1) assess the feasibility and advisability of 
        including a performance budget as part of the annual 
        budget submitted under section 1105;
            (2) describe any difficulties encountered by the 
        pilot agencies in preparing a performance budget;
            (3) recommend whether legislation requiring 
        performance budgets should be proposed and the general 
        provisions of any legislation; and
            (4) set forth any recommended changes in the other 
        requirements of the Government Performance and Results 
        Act of 1993, section 306 of title 5, sections 1105, 
        1115, 1116, 1117, and 9703 of this title, and this 
        section.
    (e) After receipt of the report required under subsection 
(d), the Congress may specify that a performance budget be 
submitted as part of the annual budget submitted under section 
1105.

SEC. 1120. FEDERAL GOVERNMENT AND AGENCY PRIORITY GOALS.

    (a) Federal Government Priority Goals.--
            (1) The Director of the Office of Management and 
        Budget shall coordinate with agencies to develop 
        priority goals to improve the performance and 
        management of the Federal Government. Such Federal 
        Government priority goals shall include--
                    (A) outcome-oriented goals covering a 
                limited number of crosscutting policy areas; 
                and
                    (B) goals for management improvements 
                needed across the Federal Government, 
                including--
                            (i) financial management;
                            (ii) human capital management;
                            (iii) information technology 
                        management;
                            (iv) procurement and acquisition 
                        management; and
                            (v) real property management;
            (2) The Federal Government priority goals shall be 
        long-term in nature. At a minimum, the Federal 
        Government priority goals shall be updated or revised 
        every 4 years and made publicly available concurrently 
        with the submission of the budget of the United States 
        Government made in the first full fiscal year following 
        any year in which the term of the President commences 
        under section 101 of title 3. As needed, the Director 
        of the Office of Management and Budget may make 
        adjustments to the Federal Government priority goals to 
        reflect significant changes in the environment in which 
        the Federal Government is operating, with appropriate 
        notification of Congress.
            (3) When developing or making adjustments to 
        Federal Government priority goals, the Director of the 
        Office of Management and Budget shall consult 
        periodically with the Congress, including obtaining 
        majority and minority views from--
                    (A) the Committees on Appropriations of the 
                Senate and the House of Representatives;
                    (B) the Committees on the Budget of the 
                Senate and the House of Representatives;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Oversight and 
                Government Reform of the House of 
                Representatives;
                    (E) the Committee on Finance of the Senate;
                    (F) the Committee on Ways and Means of the 
                House of Representatives; and
                    (G) any other committees as determined 
                appropriate;
            (4) The Director of the Office of Management and 
        Budget shall consult with the appropriate committees of 
        Congress at least once every 2 years.
            (5) The Director of the Office of Management and 
        Budget shall make information about the Federal 
        Government priority goals available on the website 
        described under section 1122 of this title.
            (6) The Federal Government performance plan 
        required under section 1115(a) of this title shall be 
        consistent with the Federal Government priority goals.
    (b) Agency Priority Goals.--
            (1) Every 2 years, the head of each agency listed 
        in section 901(b) of this title, or as otherwise 
        determined by the Director of the Office of Management 
        and Budget, shall identify agency priority goals from 
        among the performance goals of the agency. The Director 
        of the Office of Management and Budget shall determine 
        the total number of agency priority goals across the 
        Government, and the number to be developed by each 
        agency. The agency priority goals shall--
                    (A) reflect the highest priorities of the 
                agency, as determined by the head of the agency 
                and informed by the Federal Government priority 
                goals provided under subsection (a) and the 
                consultations with Congress and other 
                interested parties required by section 306(d) 
                of title 5;
                    (B) have ambitious targets that can be 
                achieved within a 2-year period;
                    (C) have a clearly identified agency 
                official, known as a goal leader, who is 
                responsible for the achievement of each agency 
                priority goal;
                    (D) have interim quarterly targets for 
                performance indicators if more frequent updates 
                of actual performance provides data of 
                significant value to the Government, Congress, 
                or program partners at a reasonable level of 
                administrative burden; and
                    (E) have clearly defined quarterly 
                milestones.
            (2) If an agency priority goal includes any program 
        activity or information that is specifically authorized 
        under criteria established by an Executive order to be 
        kept secret in the interest of national defense or 
        foreign policy and is properly classified pursuant to 
        such Executive order, the head of the agency shall make 
        such information available in the classified appendix 
        provided under section 1115(e).
    (c) The functions and activities of this section shall be 
considered to be inherently governmental functions. The 
development of Federal Government and agency priority goals 
shall be performed only by Federal employees.

SEC. 1121. QUARTERLY PRIORITY PROGRESS REVIEWS AND USE OF PERFORMANCE 
                    INFORMATION.

    (a) Use of Performance Information to Achieve Federal 
Government Priority Goals.--Not less than quarterly, the 
Director of the Office of Management and Budget, with the 
support of the Performance Improvement Council, shall--
            (1) for each Federal Government priority goal 
        required by section 1120(a) of this title, review with 
        the appropriate lead Government official the progress 
        achieved during the most recent quarter, overall trend 
        data, and the likelihood of meeting the planned level 
        of performance;
            (2) include in such reviews officials from the 
        agencies, organizations, and program activities that 
        contribute to the accomplishment of each Federal 
        Government priority goal;
            (3) assess whether agencies, organizations, program 
        activities, regulations, tax expenditures, policies, 
        and other activities are contributing as planned to 
        each Federal Government priority goal;
            (4) categorize the Federal Government priority 
        goals by risk of not achieving the planned level of 
        performance; and
            (5) for the Federal Government priority goals at 
        greatest risk of not meeting the planned level of 
        performance, identify prospects and strategies for 
        performance improvement, including any needed changes 
        to agencies, organizations, program activities, 
        regulations, tax expenditures, policies or other 
        activities.
    (b) Agency Use of Performance Information to Achieve Agency 
Priority Goals.--Not less than quarterly, at each agency 
required to develop agency priority goals required by section 
1120(b) of this title, the head of the agency and Chief 
Operating Officer, with the support of the agency Performance 
Improvement Officer, shall--
            (1) for each agency priority goal, review with the 
        appropriate goal leader the progress achieved during 
        the most recent quarter, overall trend data, and the 
        likelihood of meeting the planned level of performance;
            (2) coordinate with relevant personnel within and 
        outside the agency who contribute to the accomplishment 
        of each agency priority goal;
            (3) assess whether relevant organizations, program 
        activities, regulations, policies, and other activities 
        are contributing as planned to the agency priority 
        goals;
            (4) categorize agency priority goals by risk of not 
        achieving the planned level of performance; and
            (5) for agency priority goals at greatest risk of 
        not meeting the planned level of performance, identify 
        prospects and strategies for performance improvement, 
        including any needed changes to agency program 
        activities, regulations, policies, or other activities.

SEC. 1122. TRANSPARENCY OF PROGRAMS, PRIORITY GOALS, AND RESULTS.

    (a) Transparency of Agency Programs.--
            (1) In general.--Not later than October 1, 2012, 
        the Office of Management and Budget shall--
                    (A) ensure the effective operation of a 
                single website;
                    (B) at a minimum, update the website on a 
                quarterly basis; and
                    (C) include on the website information 
                about each program identified by the agencies.
            (2) Information.--Information for each program 
        described under paragraph(1) shall include--
                    (A) an identification of how the agency 
                defines the term ``program'', consistent with 
                guidance provided by the Director of the Office 
                of Management and Budget, including the program 
                activities that are aggregated, disaggregated, 
                or consolidated to be considered a program by 
                the agency;
                    (B) a description of the purposes of the 
                program and the contribution of the program to 
                the mission and goals of the agency; and
                    (C) an identification of funding for the 
                current fiscal year and previous 2 fiscal 
                years.
    (b) Transparency of Agency Priority Goals and Results.--The 
head of each agency required to develop agency priority goals 
shall make information about each agency priority goal 
available to the Office of Management and Budget for 
publication on the website, with the exception of any 
information covered by section 1120(b)(2) of this title. In 
addition to an identification of each agency priority goal, the 
website shall also consolidate information about each agency 
priority goal, including--
            (1) a description of how the agency incorporated 
        any views and suggestions obtained through 
        congressional consultations about the agency priority 
        goal;
            (2) an identification of key factors external to 
        the agency and beyond its control that could 
        significantly affect the achievement of the agency 
        priority goal;
            (3) a description of how each agency priority goal 
        will be achieved, including--
                    (A) the strategies and resources required 
                to meet the priority goal;
                    (B) clearly defined milestones;
                    (C) the organizations, program activities, 
                regulations, policies, and other activities 
                that contribute to each goal, both within and 
                external to the agency;
                    (D) how the agency is working with other 
                agencies to achieve the goal; and
                    (E) an identification of the agency 
                official responsible for achieving the priority 
                goal;
            (4) the performance indicators to be used in 
        measuring or assessing progress;
            (5) a description of how the agency ensures the 
        accuracy and reliability of the data used to measure 
        progress towards the priority goal, including an 
        identification of--
                    (A) the means used to verify and validate 
                measured values;
                    (B) the sources for the data;
                    (C) the level of accuracy required for the 
                intended use of the data;
                    (D) any limitations to the data at the 
                required level of accuracy; and
                    (E) how the agency has compensated for such 
                limitations if needed to reach the required 
                level of accuracy;
            (6) the results achieved during the most recent 
        quarter and overall trend data compared to the planned 
        level of performance;
            (7) an assessment of whether relevant 
        organizations, program activities, regulations, 
        policies, and other activities are contributing as 
        planned;
            (8) an identification of the agency priority goals 
        at risk of not achieving the planned level of 
        performance; and
            (9) any prospects or strategies for performance 
        improvement.
    (c) Transparency of Federal Government Priority Goals and 
Results.--The Director of the Office of Management and Budget 
shall also make available on the website--
            (1) a brief description of each of the Federal 
        Government priority goals required by section 1120(a) 
        of this title;
            (2) a description of how the Federal Government 
        priority goals incorporate views and suggestions 
        obtained through congressional consultations;
            (3) the Federal Government performance goals and 
        performance indicators associated with each Federal 
        Government priority goal as required by section 1115(a) 
        of this title;
            (4) an identification of the lead Government 
        official for each Federal Government performance goal;
            (5) the results achieved during the most recent 
        quarter and overall trend data compared to the planned 
        level of performance;
            (6) an identification of the agencies, 
        organizations, program activities, regulations, tax 
        expenditures, policies, and other activities that 
        contribute to each Federal Government priority goal;
            (7) an assessment of whether relevant agencies, 
        organizations, program activities, regulations, tax 
        expenditures, policies, and other activities are 
        contributing as planned;
            (8) an identification of the Federal Government 
        priority goals at risk of not achieving the planned 
        level of performance; and
            (9) any prospects or strategies for performance 
        improvement.
    (d) Information on Website.--The information made available 
on the website under this section shall be readily accessible 
and easily found on the Internet by the public and members and 
committees of Congress. Such information shall also be 
presented in a searchable, machine--readable format. The 
Director of the Office of Management and Budget shall issue 
guidance to ensure that such information is provided in a way 
that presents a coherent picture of all Federal programs, and 
the performance of the Federal Government as well as individual 
agencies.

SEC. 1123. CHIEF OPERATION OFFICERS.

    (a) Establishment.--At each agency, the deputy head of 
agency, or equivalent, shall be the Chief Operating Officer of 
the agency.
    (b) Function.--Each Chief Operating Officer shall be 
responsible for improving the management and performance of the 
agency, and shall--
            (1) provide overall organization management to 
        improve agency performance and achieve the mission and 
        goals of the agency through the use of strategic and 
        performance planning, measurement, analysis, regular 
        assessment of progress, and use of performance 
        information to improve the results achieved;
            (2) advise and assist the head of agency in 
        carrying out the requirements of sections 1115 through 
        1122 of this title and section 306 of title 5;
            (3) oversee agency--specific efforts to improve 
        management functions within the agency and across 
        Government; and
            (4) coordinate and collaborate with relevant 
        personnel within and external to the agency who have a 
        significant role in contributing to and achieving the 
        mission and goals of the agency, such as the Chief 
        Financial Officer, Chief Human Capital Officer, Chief 
        Acquisition Officer/Senior Procurement Executive, Chief 
        Information Officer, and other line of business chiefs 
        at the agency.

SEC. 1124. PERFORMANCE IMPROVEMENT OFFICERS AND THE PERFORMANCE 
                    IMPROVEMENT COUNCIL.

    (a) Performance Improvement Officers.--
            (1) Establishment.--At each agency, the head of the 
        agency, in consultation with the agency Chief Operating 
        Officer, shall designate a senior executive of the 
        agency as the agency Performance Improvement Officer.
            (2) Function.--Each Performance Improvement Officer 
        shall report directly to the Chief Operating Officer. 
        Subject to the direction of the Chief Operating 
        Officer, each Performance Improvement Officer shall--
                    (A) advise and assist the head of the 
                agency and the Chief Operating Officer to 
                ensure that the mission and goals of the agency 
                are achieved through strategic and performance 
                planning, measurement, analysis, regular 
                assessment of progress, and use of performance 
                information to improve the results achieved;
                    (B) advise the head of the agency and the 
                Chief Operating Officer on the selection of 
                agency goals, including opportunities to 
                collaborate with other agencies on common 
                goals;
                    (C) assist the head of the agency and the 
                Chief Operating Officer in overseeing the 
                implementation of the agency strategic 
                planning, performance planning, and reporting 
                requirements provided under sections 1115 
                through 1122 of this title and sections 306 of 
                title 5, including the contributions of the 
                agency to the Federal Government priority 
                goals;
                    (D) support the head of agency and the 
                Chief Operating Officer in the conduct of 
                regular reviews of agency performance, 
                including at least quarterly reviews of 
                progress achieved toward agency priority goals, 
                if applicable;
                    (E) assist the head of the agency and the 
                Chief Operating Officer in the development and 
                use within the agency of performance measures 
                in personnel performance appraisals, and, as 
                appropriate, other agency personnel and 
                planning processes and assessments; and
                    (F) ensure that agency progress toward the 
                achievement of all goals is communicated to 
                leaders, managers, and employees in the agency 
                and Congress, and made available on a public 
                website of the agency.
    (b) Performance Improvement Council.--
            (1) Establishment.--There is established a 
        Performance Improvement Council, consisting of--
                    (A) the Deputy Director for Management of 
                the Office of Management and Budget, who shall 
                act as chairperson of the Council;
                    (B) the Performance Improvement Officer 
                from each agency defined in section 901(b) of 
                this title;
                    (C) other Performance Improvement Officers 
                as determined appropriate by the chairperson; 
                and
                    (D) other individuals as determined 
                appropriate by the chairperson.
            (2) Function.--The Performance Improvement Council 
        shall--
                    (A) be convened by the chairperson or the 
                designee of the chairperson, who shall preside 
                at the meetings of the Performance Improvement 
                Council, determine its agenda, direct its work, 
                and establish and direct subgroups of the 
                Performance Improvement Council, as 
                appropriate, to deal with particular subject 
                matters;
                    (B) assist the Director of the Office of 
                Management and Budget to improve the 
                performance of the Federal Government and 
                achieve the Federal Government priority goals;
                    (C) assist the Director of the Office of 
                Management and Budget in implementing the 
                planning, reporting, and use of performance 
                information requirements related to the Federal 
                Government priority goals provided under 
                sections 1115, 1120, 1121, and 1122 of this 
                title;
                    (D) work to resolve specific Governmentwide 
                or crosscutting performance issues, as 
                necessary;
                    (E) facilitate the exchange among agencies 
                of practices that have led to performance 
                improvements within specific programs, 
                agencies, or across agencies;
                    (F) coordinate with other interagency 
                management councils;
                    (G) seek advice and information as 
                appropriate from nonmember agencies, 
                particularly smaller agencies;
                    (H) consider the performance improvement 
                experiences of corporations, non profit 
                organizations, foreign, State, and local 
                governments, Government employees, public 
                sector unions, and customers of Government 
                services;
                    (I) receive such assistance, information 
                and advice from agencies as the Council may 
                request, which agencies shall provide to the 
                extent permitted by law; and
                    (J) develop and submit to the Director of 
                the Office of Management and Budget, or when 
                appropriate to the President through the 
                Director of the Office of Management and 
                Budget, at times and in such formats as the 
                chairperson may specify, recommendations to 
                streamline and improve performance management 
                policies and requirements.
            (3) Support.--
                    (A) In general.--The Administrator of 
                General Services shall provide administrative 
                and other support for the Council to implement 
                this section.
                    (B) Personnel.--The heads of agencies with 
                Performance Improvement Officers serving on the 
                Council shall, as appropriate and to the extent 
                permitted by law, provide at the request of the 
                chairperson of the Performance Improvement 
                Council up to 2 personnel authorizations to 
                serve at the direction of the chairperson.

SEC. 1125. ELIMINATION OF UNNECESSARY AGENCY REPORTING.

    (a) Agency Identification of Unnecessary Reports.--
Annually, based on guidance provided by the Director of the 
Office of Management and Budget, the Chief Operating Officer at 
each agency shall--
            (1) compile a list that identifies all plans and 
        reports the agency produces for Congress, in accordance 
        with statutory requirements or as directed in 
        congressional reports;
            (2) analyze the list compiled under paragraph (1), 
        identify which plans and reports are outdated or 
        duplicative of other required plans and reports, and 
        refine the list to include only the plans and reports 
        identified to be outdated or duplicative;
            (3) consult with the congressional committees that 
        receive the plans and reports identified under 
        paragraph(2) to determine whether those plans and 
        reports are no longer useful to the committees and 
        could be eliminated or consolidated with other plans 
        and reports; and
            (4) provide a total count of plans and reports 
        compiled under paragraph (1) and the list of outdated 
        and duplicative reports identified under paragraph (2) 
        to the Director of the Office of Management and Budget.
    (b) Plans and Reports.--
            (1) First year.--During the first year of 
        implementation of this section, the list of plans and 
        reports identified by each agency as outdated or 
        duplicative shall be not less than 10 percent of all 
        plans and reports identified under subsection (a)(1).
    (2) Subsequent years.--In each year following the first 
year described under paragraph(1), the Director of the Office 
of Management and Budget shall determine the minimum percent of 
plans and reports to be identified as outdated or duplicative 
on each list of plans and reports.
    (c) Request for Elimination of Unnecessary Reports.--In 
addition to including the list of plans and reports determined 
to be outdated or duplicative by each agency in the budget of 
the United States Government, as provided by section 
1105(a)(37), the Director of the Office of Management and 
Budget may concurrently submit to Congress legislation to 
eliminate or consolidate such plans and reports.
                      THE ANTIDEFICIENCY ACT \88\
                      TITLE 31--MONEY AND FINANCE

                    SUBTITLE II--THE BUDGET PROCESS
                       CHAPTER 13--APPROPRIATIONS

         SUBCHAPTER III--LIMITATIONS, EXCEPTIONS, AND PENALTIES

SEC. 1341. LIMITATIONS ON EXPENDING AND OBLIGATING AMOUNTS.

    (a)(1) An officer or employee of the United States 
Government or of the District of Columbia government may not--
---------------------------------------------------------------------------
    \88\ The Antideficiency Act prohibits federal employees from:
    Making or authorizing an expenditure from, or creating or 
authorizing an obligation under, any appropriation or fund in excess of 
the amount available in the appropriation or fund unless authorized by 
law. 31 U.S.C. Sec.  1341(a)(1)(A).
    Involving the government in any obligation to pay money before 
funds have been appropriated for that purpose, unless otherwise allowed 
by law. 31 U.S.C. Sec.  1341(a)(1)(B).
    Accepting voluntary services for the United States, or employing 
personal services not authorized by law, except in cases of emergency 
involving the safety of human life or the protection of property. 31 
U.S.C. Sec.  1342.
    Making obligations or expenditures in excess of an apportionment or 
reapportionment, or in excess of the amount permitted by agency 
regulations. 31 U.S.C. Sec.  1517(a).
---------------------------------------------------------------------------
                    (A) make or authorize an expenditure or 
                obligation exceeding an amount available in an 
                appropriation or fund for the expenditure or 
                obligation;
                    (B) involve either government in a contract 
                or obligation for the payment of money before 
                an appropriation is made unless authorized by 
                law;
                    (C) make or authorize an expenditure or 
                obligation of funds required to be sequestered 
                under section 252 of the Balanced Budget and 
                Emergency Deficit Control Act of 1985; or
                    (D) involve either government in a contract 
                or obligation for the payment of money required 
                to be sequestered under section 252 of the 
                Balanced Budget and Emergency Deficit Control 
                Act of 1985.
            (2) This subsection does not apply to a corporation 
        getting amounts to make loans (except paid in capital 
        amounts) without legal liability of the United States 
        Government.
    (b) An article to be used by an executive department in the 
District of Columbia that could be bought out of an 
appropriation made to a regular contingent fund of the 
department may not be bought out of another amount available 
for obligation.

SEC. 1342. LIMITATION ON VOLUNTARY SERVICES.

    An officer or employee of the United States Government or 
of the District of Columbia government may not accept voluntary 
services for either government or employ personal services 
exceeding that authorized by law except for emergencies 
involving the safety of human life or the protection of 
property. This section does not apply to a corporation getting 
amounts to make loans (except paid in capital amounts) without 
legal liability of the United States Government. As used in 
this section, the term ``emergencies involving the safety of 
human life or the protection of property'' does not include 
ongoing, regular functions of government the suspension of 
which would not imminently threaten the safety of human life or 
the protection of property.
          * * * * * * *
                      TITLE 31--MONEY AND FINANCE
                    SUBTITLE II--THE BUDGET PROCESS

                  CHAPTER 15--APPROPRIATION ACCOUNTING
                      SUBCHAPTER II--APPORTIONMENT

SEC. 1517. PROHIBITED OBLIGATIONS AND EXPENDITURES.

    (a) An officer or employee of the United States Government 
or of the District of Columbia government may not make or 
authorize an expenditure or obligation exceeding--
            (1) an apportionment; or
            (2) the amount permitted by regulations prescribed 
        under section 1514(a) of this title.\89\
---------------------------------------------------------------------------
    \89\ Sec. 1514 of this title reads as follows:
    ``Sec. 1514. Administrative division of apportionments
    ``(a) The official having administrative control of an 
appropriation available to the legislative branch, the judicial branch, 
the United States International Trade Commission, or the District of 
Columbia government, and, subject to the approval of the President, the 
head of each executive agency (except the Commission) shall prescribe 
by regulation a system of administrative control not inconsistent with 
accounting procedures prescribed under law. The system shall be 
designed to--(1) restrict obligations or expenditures from each 
appropriation to the amount of apportionments or reapportionments of 
the appropriation; and
    ``(2) enable the official or the head of the executive agency to 
fix responsibility for an obligation or expenditure exceeding an 
apportionment or reapportionment.
    ``(b) To have a simplified system for administratively dividing 
appropriations, the head of each executive agency (except the 
Commission) shall work toward the objective of financing each operating 
unit, at the highest practical level, from not more than one 
administrative division for each appropriation affecting the unit.''
---------------------------------------------------------------------------
    (b) If an officer or employee of an executive agency or of 
the District of Columbia government violates subsection (a) of 
this section, the head of the executive agency or the Mayor of 
the District of Columbia, as the case may be, shall report 
immediately to the President and Congress all relevant facts 
and a statement of actions taken. A copy of each report shall 
also be transmitted to the Comptroller General on the same date 
the report is transmitted to the President and Congress.
                              PUBLIC DEBT
                   TITLE 31 OF THE UNITED STATES CODE

                        CHAPTER 31--PUBLIC DEBT

                   SUBCHAPTER I--BORROWING AUTHORITY

SEC. 3101. PUBLIC DEBT LIMIT.

    (a) In this section, the current redemption value of an 
obligation issued on a discount basis and redeemable before 
maturity at the option of its holder is deemed to be the face 
amount of the obligation.
    (b) The face amount of obligations issued under this 
chapter and the face amount of obligations whose principal and 
interest are guaranteed by the United States Government (except 
guaranteed obligations held by the Secretary of the Treasury) 
may not be more than $14,294,000,000,000 \86\, outstanding at 
one time, subject to changes periodically made in that amount 
as provided by law through the congressional budget process 
described in Rule XLIX \87\ of the Rules of the House of 
Representatives or as provided by section 3101A or otherwise.
---------------------------------------------------------------------------
    \86\ Section 3101A provides for revisions to this number, and is 
set forth on this page. This section was added by the Budget Control 
Act of 2011 (Public Law 112-25).
    \87\ Rule XLIX was recodified as Rule XXIII, later changed to Rule 
XXVIII, which automatically enrolled a Joint Resolution increasing the 
debt limit upon the adoption of a conference report on the budget. This 
Rule was repealed at the beginning of the 112th Congress.
---------------------------------------------------------------------------
    (c) For purposes of this section, the face amount, for any 
month, of any obligation issued on a discount basis that is not 
redeemable before maturity at the option of the holder of the 
obligation is an amount equal to the sum of--
            (1) the original issue price of the obligation, 
        plus
            (2) the portion of the discount on the obligation 
        attributable to periods before the beginning of such 
        month (as determined under the principles of section 
        1272(a) of the Internal Revenue Code of 1986 without 
        regard to any exceptions contained in paragraph (2) of 
        such section).

SEC. 3101A. PRESIDENTIAL MODIFICATION OF THE DEBT CEILING.

    (a) In General.--
            (1) $900 billion.--
                    (A) Certification.--If, not later than 
                December 31, 2011, the President submits a 
                written certification to Congress that the 
                President has determined that the debt subject 
                to limit is within $100,000,000,000 of the 
                limit in section 3101(b) and that further 
                borrowing is required to meet existing 
                commitments, the Secretary of the Treasury may 
                exercise authority to borrow an additional 
                $900,000,000,000, subject to the enactment of a 
                joint resolution of disapproval enacted 
                pursuant to this section. Upon submission of 
                such certification, the limit on debt provided 
                in section 3101(b) (referred to in this section 
                as the ``debt limit'') is increased by 
                $400,000,000,000.
                    (B) Resolution of disapproval.--Congress 
                may consider a joint resolution of disapproval 
                of the authority under subparagraph (A) as 
                provided in subsections (b) through (f). The 
                joint resolution of disapproval considered 
                under this section shall contain only the 
                language provided in subsection (b)(2). If the 
                time for disapproval has lapsed without 
                enactment of a joint resolution of disapproval 
                under this section, the debt limit is increased 
                by an additional $500,000,000,000.
            (2) Additional amount.--
                    (A) Certification.--If, after the debt 
                limit is increased by $900,000,000,000 under 
                paragraph (1), the President submits a written 
                certification to Congress that the President 
                has determined that the debt subject to limit 
                is within $100,000,000,000 of the limit in 
                section 3101(b) and that further borrowing is 
                required to meet existing commitments, the 
                Secretary of the Treasury may, subject to the 
                enactment of a joint resolution of disapproval 
                enacted pursuant to this section, exercise 
                authority to borrow an additional amount equal 
                to--
                            (i) $1,200,000,000,000, unless 
                        clause (ii) or (iii) applies;
                            (ii) $1,500,000,000,000 if the 
                        Archivist of the United States has 
                        submitted to the States for their 
                        ratification a proposed amendment to 
                        the Constitution of the United States 
                        pursuant to a joint resolution entitled 
                        ``Joint resolution proposing a balanced 
                        budget amendment to the Constitution of 
                        the United States''; or
                            (iii) if a joint committee bill to 
                        achieve an amount greater than 
                        $1,200,000,000,000 in deficit reduction 
                        as provided in section 
                        401(b)(3)(B)(i)(II) of the Budget 
                        Control Act of 2011 is enacted, an 
                        amount equal to the amount of that 
                        deficit reduction, but not greater than 
                        $1,500,000,000,000, unless clause (ii) 
                        applies.
                    (B) Resolution of disapproval.--Congress 
                may consider a joint resolution of disapproval 
                of the authority under subparagraph (A) as 
                provided in subsections (b) through (f). The 
                joint resolution of disapproval considered 
                under this section shall contain only the 
                language provided in subsection (b)(2). If the 
                time for disapproval has lapsed without 
                enactment of a joint resolution of disapproval 
                under this section, the debt limit is increased 
                by the amount authorized under subparagraph 
                (A).
    (b) Joint Resolution of Disapproval.--
            (1) In general.--Except for the $400,000,000,000 
        increase in the debt limit provided by subsection 
        (a)(1)(A), the debt limit may not be raised under this 
        section if, within 50 calendar days after the date on 
        which Congress receives a certification described in 
        subsection (a)(1) or within 15 calendar days after 
        Congress receives the certification described in 
        subsection (a)(2) (regardless of whether Congress is in 
        session), there is enacted into law a joint resolution 
        disapproving the President's exercise of authority with 
        respect to such additional amount.
            (2) Contents of joint resolution.--For the purpose 
        of this section, the term ``joint resolution'' means 
        only a joint resolution--
                    (A)(i) for the certification described in 
                subsection (a)(1), that is introduced on 
                September 6, 7, 8, or 9, 2011 (or, if the 
                Senate was not in session, the next calendar 
                day on which the Senate is in session); and
                            (ii) for the certification 
                        described in subsection (a)(2), that is 
                        introduced between the date the 
                        certification is received and 3 
                        calendar days after that date;
                    (B) which does not have a preamble;
                    (C) the title of which is only as follows: 
                ``Joint resolution relating to the disapproval 
                of the President's exercise of authority to 
                increase the debt limit, as submitted under 
                section 3101A of title 31, United States Code, 
                on ______'' (with the blank containing the date 
                of such submission); and
                    (D) the matter after the resolving clause 
                of which is only as follows: ``That Congress 
                disapproves of the President's exercise of 
                authority to increase the debt limit, as 
                exercised pursuant to the certification under 
                section 3101A(a) of title 31, United States 
                Code.''.
    (c) Expedited Consideration in House of Representatives.--
            (1) Reconvening.--Upon receipt of a certification 
        described in subsection (a)(2), the Speaker, if the 
        House would otherwise be adjourned, shall notify the 
        Members of the House that, pursuant to this section, 
        the House shall convene not later than the second 
        calendar day after receipt of such certification.
            (2) Reporting and discharge.--Any committee of the 
        House of Representatives to which a joint resolution is 
        referred shall report it to the House without amendment 
        not later than 5 calendar days after the date of 
        introduction of a joint resolution described in 
        subsection (a). If a committee fails to report the 
        joint resolution within that period, the committee 
        shall be discharged from further consideration of the 
        joint resolution and the joint resolution shall be 
        referred to the appropriate calendar.
            (3) Proceeding to consideration.--After each 
        committee authorized to consider a joint resolution 
        reports it to the House or has been discharged from its 
        consideration, it shall be in order, not later than the 
        sixth day after introduction of a joint resolution 
        under subsection (a), to move to proceed to consider 
        the joint resolution in the House. All points of order 
        against the motion are waived. Such a motion shall not 
        be in order after the House has disposed of a motion to 
        proceed on a joint resolution addressing a particular 
        submission. The previous question shall be considered 
        as ordered on the motion to its adoption without 
        intervening motion. The motion shall not be debatable. 
        A motion to reconsider the vote by which the motion is 
        disposed of shall not be in order.
            (4) Consideration.--The joint resolution shall be 
        considered as read. All points of order against the 
        joint resolution and against its consideration are 
        waived. The previous question shall be considered as 
        ordered on the joint resolution to its passage without 
        intervening motion except two hours of debate equally 
        divided and controlled by the proponent and an 
        opponent. A motion to reconsider the vote on passage of 
        the joint resolution shall not be in order.
    (d) Expedited Procedure in Senate.--
            (1) Reconvening.--Upon receipt of a certification 
        under subsection (a)(2), if the Senate has adjourned or 
        recessed for more than 2 days, the majority leader of 
        the Senate, after consultation with the minority leader 
        of the Senate, shall notify the Members of the Senate 
        that, pursuant to this section, the Senate shall 
        convene not later than the second calendar day after 
        receipt of such message.
            (2) Placement on calendar.--Upon introduction in 
        the Senate, the joint resolution shall be immediately 
        placed on the calendar.
            (3) Floor consideration.--
                    (A) In general.--Notwithstanding Rule XXII 
                of the Standing Rules of the Senate, it is in 
                order at any time during the period beginning 
                on the day after the date on which Congress 
                receives a certification under subsection (a) 
                and, for the certification described in 
                subsection (a)(1), ending on September 14, 
                2011, and for the certification described in 
                subsection (a)(2), on the 6th day after the 
                date on which Congress receives a certification 
                under subsection (a) (even though a previous 
                motion to the same effect has been disagreed 
                to) to move to proceed to the consideration of 
                the joint resolution, and all points of order 
                against the joint resolution (and against 
                consideration of the joint resolution) are 
                waived. The motion to proceed is not debatable. 
                The motion is not subject to a motion to 
                postpone. 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 resolution is 
                agreed to, the joint resolution shall remain 
                the unfinished business until disposed of.
                    (B) Consideration.--Consideration of the 
                joint resolution, and on 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 and 
                minority leaders or their designees. A motion 
                further to limit debate is in order and not 
                debatable. An amendment to, or a motion to 
                postpone, or a motion to proceed to the 
                consideration of other business, or a motion to 
                recommit the joint resolution is not in order.
                    (C) Vote on passage.--If the Senate has 
                voted to proceed to a joint resolution, the 
                vote on passage of the joint resolution shall 
                occur immediately following the conclusion of 
                consideration of the joint resolution, and a 
                single quorum call at the conclusion of the 
                debate if requested in accordance with the 
                rules of the Senate.
                    (D) Rulings of the chair on procedure.--
                Appeals from the decisions of the Chair 
                relating to the application of the rules of the 
                Senate, as the case may be, to the procedure 
                relating to a joint resolution shall be decided 
                without debate.
    (e) Amendment Not in Order.--A joint resolution of 
disapproval considered pursuant to this section shall not be 
subject to amendment in either the House of Representatives or 
the Senate.
    (f) Coordination With Action by Other House.--
            (1) In general.--If, before passing the joint 
        resolution, one House receives from the other a joint 
        resolution--
                    (A) the joint resolution of the other House 
                shall not be referred to a committee; and
                    (B) the procedure in the receiving House 
                shall be the same as if no joint resolution had 
                been received from the other House until the 
                vote on passage, when the joint resolution 
                received from the other House shall supplant 
                the joint resolution of the receiving House.
            (2) Treatment of joint resolution of other house.--
        If the Senate fails to introduce or consider a joint 
        resolution under this section, the joint resolution of 
        the House shall be entitled to expedited floor 
        procedures under this section.
            (3) Treatment of companion measures.--If, following 
        passage of the joint resolution in the Senate, the 
        Senate then receives the companion measure from the 
        House of Representatives, the companion measure shall 
        not be debatable.
            (4) Consideration after passage.--
                    (A) If Congress passes a joint resolution, 
                the period beginning on the date the President 
                is presented with the joint resolution and 
                ending on the date the President signs, allows 
                to become law without his signature, or vetoes 
                and returns the joint resolution (but excluding 
                days when either House is not in session) shall 
                be disregarded in computing the appropriate 
                calendar day period described in subsection 
                (b)(1).
                    (B) Debate on a veto message in the Senate 
                under this section shall be 1 hour equally 
                divided between the majority and minority 
                leaders or their designees.
            (5) Veto override.--If within the appropriate 
        calendar day period described in subsection (b)(1), 
        Congress overrides a veto of the joint resolution with 
        respect to authority exercised pursuant to paragraph 
        (1) or (2) of subsection (a), the limit on debt 
        provided in section 3101(b) shall not be raised, except 
        for the $400,000,000,000 increase in the limit provided 
        by subsection (a)(1)(A).
            (6) Sequestration.--
                    (A) If within the 50-calendar day period 
                described in subsection (b)(1), the President 
                signs the joint resolution, the President 
                allows the joint resolution to become law 
                without his signature, or Congress overrides a 
                veto of the joint resolution with respect to 
                authority exercised pursuant to paragraph (1) 
                of subsection (a), there shall be a 
                sequestration to reduce spending by 
                $400,000,000,000. OMB shall implement the 
                sequestration forthwith.
                    (B) OMB shall implement each half of such 
                sequestration in accordance with section 255, 
                section 256, and subsections (c), (d), (e), and 
                (f) of section 253 of the Balanced Budget and 
                Emergency Deficit Control Act of 1985, and for 
                the purpose of such implementation the term 
                ``excess deficit'' means the amount specified 
                in subparagraph (A).
    (g) Rules of House of Representatives and Senate.--This 
subsection and subsections (b), (c), (d), (e), and (f) (other 
than paragraph (6)) are enacted by Congress--
            (1) as an exercise of the rulemaking power of the 
        Senate and House of Representatives, respectively, and 
        as such it is deemed a part of the rules of each House, 
        respectively, but applicable only with respect to the 
        procedure to be followed in that House in the case of a 
        joint resolution, and it supersedes other rules only to 
        the extent that it is inconsistent with such rules; and
            (2) with full recognition of the constitutional 
        right of either House to change the rules (so far as 
        relating to the procedure of that House) at any time, 
        in the same manner, and to the same extent as in the 
        case of any other rule of that House.
          * * * * * * *
                   SUBTITLE III--FINANCIAL MANAGEMENT

           CHAPTER 33--DEPOSITING, KEEPING, AND PAYING MONEY

                        SUBCHAPTER II--PAYMENTS

SEC. 3321. DISBURSING AUTHORITY IN THE EXECUTIVE BRANCH.

    (a) Except as provided in this section or another law, only 
officers and employees of the Department of the Treasury 
designated by the Secretary of the Treasury as disbursing 
officials may disburse public money available for expenditure 
by an executive agency.
    (b) For economy and efficiency, the Secretary may delegate 
the authority to disburse public money to officers and 
employees of other executive agencies.
    (c) The head of each of the following executive agencies 
shall designate personnel of the agency as disbursing officials 
to disburse public money available for expenditure by the 
agency:
            (1) United States Marshal's Office.
            (2) The Department of Defense.
            (3) The Department of Homeland Security (with 
        respect to public money available for expenditure by 
        the Coast Guard when it is not operating as a service 
        in the Navy).
    (d) On request of the Secretary and with the approval of 
the head of an executive agency referred to in subsection (c) 
of this section, facilities of the agency may be used to assist 
in disbursing public money available for expenditure by another 
executive agency.Note: this file was created from the 
XML file that was downcoverted. After conversion title V 
provisions were removed. This file is not maintained and 
updated. deg.
    

======================================================================


                  UNFUNDED MANDATES REFORM ACT OF 1995

======================================================================


                  UNFUNDED MANDATES REFORM ACT OF 1995

 AN ACT To curb the practice of imposing unfunded Federal mandates on 
States and local governments; to strengthen the partnership between the 
Federal Government and State, local and tribal governments; to end the 
   imposition, in the absence of full consideration by Congress, of 
   Federal mandates on State, local, and tribal governments without 
    adequate funding, in a manner that may displace other essential 
governmental priorities; and to ensure that the Federal Government pays 
   the costs incurred by those governments in complying with certain 
  requirements under Federal statutes and regulations, and for other 
                               purposes.
    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SEC. 1. [2 U.S.C. 1501 NOTE] SHORT TITLE.

    This Act may be cited as the ``Unfunded Mandates Reform Act 
of 1995''.

SEC. 2. [2 U.S.C. 1501 NOTE] PURPOSES.

    The purposes of this Act are----
            (1) to strengthen the partnership between the 
        Federal Government and State, local, and tribal 
        governments;
            (2) to end the imposition, in the absence of full 
        consideration by Congress, of Federal mandates on 
        State, local, and tribal governments without adequate 
        Federal funding, in a manner that may displace other 
        essential State, local, and tribal governmental 
        priorities;
            (3) to assist Congress in its consideration of 
        proposed legislation establishing or revising Federal 
        programs containing Federal mandates affecting State, 
        local, and tribal governments, and the private sector 
        by----
                    (A) providing for the development of 
                information about the nature and size of 
                mandates in proposed legislation; and
                    (B) establishing a mechanism to bring such 
                information to the attention of the Senate and 
                the House of Representatives before the Senate 
                and the House of Representatives vote on 
                proposed legislation;
            (4) to promote informed and deliberate decisions by 
        Congress on the appropriateness of Federal mandates in 
        any particular instance;
            (5) to require that Congress consider whether to 
        provide funding to assist State, local, and tribal 
        governments in complying with Federal mandates, to 
        require analyses of the impact of private sector 
        mandates, and through the dissemination of that 
        information provide informed and deliberate decisions 
        by Congress and Federal agencies and retain competitive 
        balance between the public and private sectors;
            (6) to establish a point-of-order vote on the 
        consideration in the Senate and House of 
        Representatives of legislation containing significant 
        Federal intergovernmental mandates without providing 
        adequate funding to comply with such mandates;
            (7) to assist Federal agencies in their 
        consideration of proposed regulations affecting State, 
        local, and tribal governments, by----
                    (A) requiring that Federal agencies develop 
                a process to enable the elected and other 
                officials of State, local, and tribal 
                governments to provide input when Federal 
                agencies are developing regulations; and
                    (B) requiring that Federal agencies prepare 
                and consider estimates of the budgetary impact 
                of regulations containing Federal mandates upon 
                State, local, and tribal governments and the 
                private sector before adopting such 
                regulations, and ensuring that small 
                governments are given special consideration in 
                that process; and
            (8) to begin consideration of the effect of 
        previously imposed Federal mandates, including the 
        impact on State, local, and tribal governments of 
        Federal court interpretations of Federal statutes and 
        regulations that impose Federal intergovernmental 
        mandates.

SEC. 3. [2 U.S.C. 1502. NOTE] DEFINITIONS.

    For purposes of this Act----
            (1) except as provided in section 305 of this Act, 
        the terms defined under section 421 of the 
        Congressional Budget and Impoundment Control Act of 
        1974 (as added by section 101 of this Act) shall have 
        the meanings as so defined; and
            (2) the term ``Director'' means the Director of the 
        Congressional Budget Office.

SEC. 4. [2 U.S.C. 1503] EXCLUSIONS.

    This Act shall not apply to any provision in a bill, joint 
resolution, amendment, motion, or conference report before 
Congress and any provision in a proposed or final Federal 
regulation that----
            (1) enforces constitutional rights of individuals;
            (2) establishes or enforces any statutory rights 
        that prohibit discrimination on the basis of race, 
        color, religion, sex, national origin, age, handicap, 
        or disability;
            (3) requires compliance with accounting and 
        auditing procedures with respect to grants or other 
        money or property provided by the Federal Government;
            (4) provides for emergency assistance or relief at 
        the request of any State, local, or tribal government 
        or any official of a State, local, or tribal 
        government;
            (5) is necessary for the national security or the 
        ratification or implementation of international treaty 
        obligations;
            (6) the President designates as emergency 
        legislation and that the Congress so designates in 
        statute; or
            (7) relates to the old-age, survivors, and 
        disability insurance program under title II of the 
        Social Security Act (including taxes imposed by 
        sections 3101(a) and 3111(a) of the Internal Revenue 
        Code of 1986 (relating to old-age, survivors, and 
        disability insurance)).

SEC. 5. [2 U.S.C. 1504] AGENCY ASSISTANCE.

    Each agency shall provide to the Director such information 
and assistance as the Director may reasonably request to assist 
the Director in carrying out this Act.

                          Title I--Legislative
                       Accountability and Reform

SEC. 101. LEGISLATIVE MANDATE ACCOUNTABILITY AND REFORM.

    [Omitted]

SEC. 102. ASSISTANCE TO COMMITTEES AND STUDIES.

    [Omitted]

SEC. 103. [2 U.S.C. 1511] COST OF REGULATIONS.

    (a) Sense of the Congress.--It is the sense of the Congress 
that Federal agencies should review and evaluate planned 
regulations to ensure that the cost estimates provided by the 
Congressional Budget Office will be carefully considered as 
regulations are promulgated.
    (b) Statement of Cost.--At the request of a committee 
chairman or ranking minority member, the Director shall, to the 
extent practicable, prepare a comparison between--
            (1) an estimate by the relevant agency, prepared 
        under section 202 of this Act, of the costs of 
        regulations implementing an Act containing a Federal 
        mandate; and
            (2) the cost estimate prepared by the Congressional 
        Budget Office for such Act when it was enacted by the 
        Congress.
    (c) Cooperation of Office of Management and Budget.--At the 
request of the Director of the Congressional Budget Office, the 
Director of the Office of Management and Budget shall provide 
data and cost estimates for regulations implementing an Act 
containing a Federal mandate covered by part B of title IV of 
the Congressional Budget and Impoundment Control Act of 1974 
(as added by section 101 of this Act).

SEC. 104. REPEAL OF CERTAIN ANALYSIS BY CONGRESSIONAL BUDGET OFFICE.

    [Omitted]

SEC. 105. [2 U.S.C. 1512] CONSIDERATION FOR FEDERAL FUNDING.

    Nothing in this Act shall preclude a State, local, or 
tribal government that already complies with all or part of the 
Federal intergovernmental mandates included in the bill, joint 
resolution, amendment, motion, or conference report from 
consideration for Federal funding under section 425(a)(2) of 
the Congressional Budget and Impoundment Control Act of 1974 
(as added by section 101 of this Act) for the cost of the 
mandate, including the costs the State, local, or tribal 
government is currently paying and any additional costs 
necessary to meet the mandate.

SEC. 106. [2 U.S.C. 1513] IMPACT ON LOCAL GOVERNMENTS.

    (a) Findings.--The Senate finds that--
            (1) the Congress should be concerned about shifting 
        costs from Federal to State and local authorities and 
        should be equally concerned about the growing tendency 
        of States to shift costs to local governments;
            (2) cost shifting from States to local governments 
        has, in many instances, forced local governments to 
        raise property taxes or curtail sometimes essential 
        services; and
            (3) increases in local property taxes and cuts in 
        essential services threaten the ability of many 
        citizens to attain and maintain the American dream of 
        owning a home in a safe, secure community.
    (b) Sense of the Senate.--It is the sense of the Senate 
that--
            (1) the Federal Government should not shift certain 
        costs to the State, and States should end the practice 
        of shifting costs to local governments, which forces 
        many local governments to increase property taxes;
            (2) States should end the imposition, in the 
        absence of full consideration by their legislatures, of 
        State issued mandates on local governments without 
        adequate State funding, in a manner that may displace 
        other essential government priorities; and
            (3) one primary objective of this Act and other 
        efforts to change the relationship among Federal, 
        State, and local governments should be to reduce taxes 
        and spending at all levels and to end the practice of 
        shifting costs from one level of government to another 
        with little or no benefit to taxpayers.

SEC. 107. [2 U.S.C. 1514] ENFORCEMENT IN THE HOUSE OF REPRESENTATIVES.

    (a) Motions to Strike in the Committee of the Whole.--
Clause 5 of rule XXIII of the Rules of the House of 
Representatives is amended by adding at the end the following:
    ``(c) In the consideration of any measure for amendment in 
the Committee of the Whole containing any Federal mandate the 
direct costs of which exceed the threshold in section 424(a)(1) 
of the Unfunded Mandate Reform Act of 1995, it shall always be 
in order, unless specifically waived by terms of a rule 
governing consideration of that measure, to move to strike such 
Federal mandate from the portion of the bill then open to 
amendment.''.
    (b) Committee on Rules Reports on Waived Points of Order.--
The Committee on Rules shall include in the report required by 
clause 1(d) of rule XI (relating to its activities during the 
Congress) of the Rules of the House of Representatives a 
separate item identifying all waivers of points of order 
relating to Federal mandates, listed by bill or joint 
resolution number and the subject matter of that measure.

SEC. 108. [2 U.S.C. 1515] EXERCISE OF RULEMAKING POWERS.

    The provisions of sections 101 and 107 are enacted by 
Congress----
            (1) as an exercise of the rulemaking power of the 
        Senate and the House of Representatives, respectively, 
        and as such they shall be considered as part of the 
        rules of such House, respectively, 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 each House.

SEC. 109. [2 U.S.C. 1516] AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the 
Congressional Budget Office $4,500,000 for each of the fiscal 
years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to carry out 
the provisions of this title.

SEC. 110. [2 U.S.C. 1511 NOTE] EFFECTIVE DATE.

    This title shall take effect on January 1, 1996 or on the 
date 90 days after appropriations are made available as 
authorized under section 109, whichever is earlier and shall 
apply to legislation considered on and after such date.

                          Title II--Regulatory
                       Accountability and Reform

SEC. 201. [2 U.S.C. 1531] REGULATORY PROCESS.

    Each agency shall, unless otherwise prohibited by law, 
assess the effects of Federal regulatory actions on State, 
local, and tribal governments, and the private sector (other 
than to the extent that such regulations incorporate 
requirements specifically set forth in law).

SEC. 202. [2 U.S.C. 1532] STATEMENTS TO ACCOMPANY SIGNIFICANT 
                    REGULATORY ACTIONS.

    (a) In General.--Unless otherwise prohibited by law, before 
promulgating any general notice of proposed rulemaking that is 
likely to result in promulgation of any rule that includes any 
Federal mandate that may result in the expenditure by State, 
local, and tribal governments, in the aggregate, or by the 
private sector, of $100,000,000 or more (adjusted annually for 
inflation) in any 1 year, and before promulgating any final 
rule for which a general notice of proposed rulemaking was 
published, the agency shall prepare a written statement 
containing--
            (1) an identification of the provision of Federal 
        law under which the rule is being promulgated;
            (2) a qualitative and quantitative assessment of 
        the anticipated costs and benefits of the Federal 
        mandate, including the costs and benefits to State, 
        local, and tribal governments or the private sector, as 
        well as the effect of the Federal mandate on health, 
        safety, and the natural environment and such an 
        assessment shall include--
                    (A) an analysis of the extent to which such 
                costs to State, local, and tribal governments 
                may be paid with Federal financial assistance 
                (or otherwise paid for by the Federal 
                Government); and
                    (B) the extent to which there are available 
                Federal resources to carry out the 
                intergovernmental mandate;
            (3) estimates by the agency, if and to the extent 
        that the agency determines that accurate estimates are 
        reasonably feasible, of--
                    (A) the future compliance costs of the 
                Federal mandate; and
                    (B) any disproportionate budgetary effects 
                of the Federal mandate upon any particular 
                regions of the nation or particular State, 
                local, or tribal governments, urban or rural or 
                other types of communities, or particular 
                segments of the private sector;
            (4) estimates by the agency of the effect on the 
        national economy, such as the effect on productivity, 
        economic growth, full employment, creation of 
        productive jobs, and international competitiveness of 
        United States goods and services, if and to the extent 
        that the agency in its sole discretion determines that 
        accurate estimates are reasonably feasible and that 
        such effect is relevant and material; and
            (5)(A) a description of the extent of the agency's 
        prior consultation with elected representatives (under 
        section 204) of the affected State, local, and tribal 
        governments;
                    (B) a summary of the comments and concerns 
                that were presented by State, local, or tribal 
                governments either orally or in writing to the 
                agency; and
                    (C) a summary of the agency's evaluation of 
                those comments and concerns.
    (b) Promulgation.--In promulgating a general notice of 
proposed rulemaking or a final rule for which a statement under 
subsection (a) is required, the agency shall include in the 
promulgation a summary of the information contained in the 
statement.
    (c) Preparation in Conjunction With Other Statement.--Any 
agency may prepare any statement required under subsection (a) 
in conjunction with or as a part of any other statement or 
analysis, provided that the statement or analysis satisfies the 
provisions of subsection (a).

SEC. 203. [2 U.S.C. 1533] SMALL GOVERNMENT AGENCY PLAN.

    (a) Effects on Small Governments.--Before establishing any 
regulatory requirements that might significantly or uniquely 
affect small governments, agencies shall have developed a plan 
under which the agency shall--
            (1) provide notice of the requirements to 
        potentially affected small governments, if any;
            (2) enable officials of affected small governments 
        to provide meaningful and timely input in the 
        development of regulatory proposals containing 
        significant Federal intergovernmental mandates; and
            (3) inform, educate, and advise small governments 
        on compliance with the requirements.
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to each agency to carry out the provisions 
of this section and for no other purpose, such sums as are 
necessary.

SEC. 204. [2 U.S.C. 1534] STATE, LOCAL, AND TRIBAL GOVERNMENT INPUT.

    (a) In General.--Each agency shall, to the extent permitted 
in law, develop an effective process to permit elected officers 
of State, local, and tribal governments (or their designated 
employees with authority to act on their behalf) to provide 
meaningful and timely input in the development of regulatory 
proposals containing significant Federal intergovernmental 
mandates.
    (b) Meetings Between State, Local, Tribal and Federal 
Officers.--The Federal Advisory Committee Act (5 U.S.C. App.) 
shall not apply to actions in support of intergovernmental 
communications where--
            (1) meetings are held exclusively between Federal 
        officials and elected officers of State, local, and 
        tribal governments (or their designated employees with 
        authority to act on their behalf) acting in their 
        official capacities; and
            (2) such meetings are solely for the purposes of 
        exchanging views, information, or advice relating to 
        the management or implementation of Federal programs 
        established pursuant to public law that explicitly or 
        inherently share intergovernmental responsibilities or 
        administration.
    (c) Implementing Guidelines.--No later than 6 months after 
the date of enactment of this Act, the President shall issue 
guidelines and instructions to Federal agencies for appropriate 
implementation of subsections (a) and (b) consistent with 
applicable laws and regulations.

SEC. 205. [2 U.S.C. 1535] LEAST BURDENSOME OPTION OR EXPLANATION 
                    REQUIRED.

    (a) In General.--Except as provided in subsection (b), 
before promulgating any rule for which a written statement is 
required under section 202, the agency shall identify and 
consider a reasonable number of regulatory alternatives and 
from those alternatives select the least costly, most cost-
effective or least burdensome alternative that achieves the 
objectives of the rule, for--
            (1) State, local, and tribal governments, in the 
        case of a rule containing a Federal intergovernmental 
        mandate; and
            (2) the private sector, in the case of a rule 
        containing a Federal private sector mandate.
    (b) Exception.--The provisions of subsection (a) shall 
apply unless--
            (1) the head of the affected agency publishes with 
        the final rule an explanation of why the least costly, 
        most cost-effective or least burdensome method of 
        achieving the objectives of the rule was not adopted; 
        or
            (2) the provisions are inconsistent with law.
    (c) OMB Certification.--No later than 1 year after the date 
of the enactment of this Act, the Director of the Office of 
Management and Budget shall certify to Congress, with a written 
explanation, agency compliance with this section and include in 
that certification agencies and rulemakings that fail to 
adequately comply with this section.

SEC. 206. [2 U.S.C. 1536] ASSISTANCE TO THE CONGRESSIONAL BUDGET 
                    OFFICE.

    The Director of the Office of Management and Budget shall--
            (1) collect from agencies the statements prepared 
        under section 202; and
            (2) periodically forward copies of such statements 
        to the Director of the Congressional Budget Office on a 
        reasonably timely basis after promulgation of the 
        general notice of proposed rulemaking or of the final 
        rule for which the statement was prepared.

SEC. 207. [2 U.S.C. 1537] PILOT PROGRAM ON SMALL GOVERNMENT 
                    FLEXIBILITY.

    (a) In General.--The Director of the Office of Management 
and Budget, in consultation with Federal agencies, shall 
establish pilot programs in at least 2 agencies to test 
innovative, and more flexible regulatory approaches that--
            (1) reduce reporting and compliance burdens on 
        small governments; and
            (2) meet overall statutory goals and objectives.
    (b) Program Focus.--The pilot programs shall focus on rules 
in effect or proposed rules, or a combination thereof.

SEC. 208. [2 U.S.C. 1538] ANNUAL STATEMENTS TO CONGRESS ON AGENCY 
                    COMPLIANCE.

    No later than 1 year after the effective date of this title 
and annually thereafter, the Director of the Office of 
Management and Budget shall submit to the Congress, including 
the Committee on Governmental Affairs of the Senate and the 
Committee on Government Reform and Oversight of the House of 
Representatives, a written report detailing compliance by each 
agency during the preceding reporting period with the 
requirements of this title.

SEC. 209. [2 U.S.C. 1531 NOTE] EFFECTIVE DATE.

    This title and the amendments made by this title shall take 
effect on the date of the enactment of this Act.

                 Title III--Review of Federal Mandates

SEC. 301. [2 U.S.C. 1551] BASELINE STUDY OF COSTS AND BENEFITS.

    (a) In General.--No later than 18 months after the date of 
enactment of this Act, the Advisory Commission on 
Intergovernmental Relations (hereafter in this title referred 
to as the ``Advisory Commission''), in consultation with the 
Director, shall complete a study to examine the measurement and 
definition issues involved in calculating the total costs and 
benefits to State, local, and tribal governments of compliance 
with Federal law.
    (b) Considerations.--The study required by this section 
shall consider----
            (1) the feasibility of measuring indirect costs and 
        benefits as well as direct costs and benefits of the 
        Federal, State, local, and tribal relationship; and
            (2) how to measure both the direct and indirect 
        benefits of Federal financial assistance and tax 
        benefits to State, local, and tribal governments.

SEC. 302. [2 U.S.C. 1552] REPORT ON FEDERAL MANDATES BY ADVISORY 
                    COMMISSION ON INTERGOVERNMENTAL RELATIONS.

    (a) In General.--The Advisory Commission on 
Intergovernmental Relations shall in accordance with this 
section----
            (1) investigate and review the role of Federal 
        mandates in intergovernmental relations and their 
        impact on State, local, tribal, and Federal government 
        objectives and responsibilities, and their impact on 
        the competitive balance between State, local, and 
        tribal governments, and the private sector and consider 
        views of and the impact on working men and women on 
        those same matters;
            (2) investigate and review the role of unfunded 
        State mandates imposed on local governments;
            (3) make recommendations to the President and the 
        Congress regarding----
                    (A) allowing flexibility for State, local, 
                and tribal governments in complying with 
                specific Federal mandates for which terms of 
                compliance are unnecessarily rigid or complex;
                    (B) reconciling any 2 or more Federal 
                mandates which impose contradictory or 
                inconsistent requirements;
                    (C) terminating Federal mandates which are 
                duplicative, obsolete, or lacking in practical 
                utility;
                    (D) suspending, on a temporary basis, 
                Federal mandates which are not vital to public 
                health and safety and which compound the fiscal 
                difficulties of State, local, and tribal 
                governments, including recommendations for 
                triggering such suspension;
                    (E) consolidating or simplifying Federal 
                mandates, or the planning or reporting 
                requirements of such mandates, in order to 
                reduce duplication and facilitate compliance by 
                State, local, and tribal governments with those 
                mandates;
                    (F) establishing common Federal definitions 
                or standards to be used by State, local, and 
                tribal governments in complying with Federal 
                mandates that use different definitions or 
                standards for the same terms or principles; and
                    (G)(i) the mitigation of negative impacts 
                on the private sector that may result from 
                relieving State, local, and tribal governments 
                from Federal mandates (if and to the extent 
                that such negative impacts exist on the private 
                sector); and
                            (ii) the feasibility of applying 
                        relief from Federal mandates in the 
                        same manner and to the same extent to 
                        private sector entities as such relief 
                        is applied to State, local, and tribal 
                        governments; and
            (4) identify and consider in each recommendation 
        made under paragraph (3), to the extent practicable----
                    (A) the specific Federal mandates to which 
                the recommendation applies, including 
                requirements of the departments, agencies, and 
                other entities of the Federal Government that 
                State, local, and tribal governments utilize 
                metric systems of measurement; and
                    (B) any negative impact on the private 
                sector that may result from implementation of 
                the recommendation.
    (b) Criteria.----
            (1) In general.--The Commission shall establish 
        criteria for making recommendations under subsection 
        (a).
            (2) Issuance of proposed criteria.--The Commission 
        shall issue proposed criteria under this subsection no 
        later than 60 days after the date of the enactment of 
        this Act, and thereafter provide a period of 30 days 
        for submission by the public of comments on the 
        proposed criteria.
            (3) Final criteria.--No later than 45 days after 
        the date of issuance of proposed criteria, the 
        Commission shall----
                    (A) consider comments on the proposed 
                criteria received under paragraph (2);
                    (B) adopt and incorporate in final criteria 
                any recommendations submitted in those comments 
                that the Commission determines will aid the 
                Commission in carrying out its duties under 
                this section; and
                    (C) issue final criteria under this 
                subsection.
    (c) Preliminary Report.----
            (1) In general.--No later than 9 months after the 
        date of the enactment of this Act, the Commission 
        shall----
            (2) Public hearings.--The Commission shall hold 
        public hearings on the preliminary recommendations 
        contained in the preliminary report of the Commission 
        under this subsection.
    (d) Final Report.--No later than 3 months after the date of 
the publication of the preliminary report under subsection (c), 
the Commission shall submit to the Congress, including the 
Committee on Government Reform and Oversight of the House of 
Representatives, the Committee on Governmental Affairs of the 
Senate, the Committee on the Budget of the Senate, and the 
Committee on the Budget of the House of Representatives, and to 
the President a final report on the findings, conclusions, and 
recommendations of the Commission under this section.
    (e) Priority to Mandates That are Subject of Judicial 
Proceedings.--In carrying out this section, the Advisory 
Commission shall give the highest priority to immediately 
investigating, reviewing, and making recommendations regarding 
Federal mandates that are the subject of judicial proceedings 
between the United States and a State, local, or tribal 
government.
    (f) Definition.--For purposes of this section the term 
``State mandate'' means any provision in a State statute or 
regulation that imposes an enforceable duty on local 
governments, the private sector, or individuals, including a 
condition of State assistance or a duty arising from 
participation in a voluntary State program.

SEC. 303. [2 U.S.C. 1553] SPECIAL AUTHORITIES OF ADVISORY COMMISSION.

    (a) Experts and Consultants.--For purposes of carrying out 
this title, the Advisory Commission may procure temporary and 
intermittent services of experts or consultants under section 
3109(b) of title 5, United States Code.
    (b) Detail of Staff of Federal Agencies.--Upon request of 
the Executive Director of the Advisory Commission, the head of 
any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the 
Advisory Commission to assist it in carrying out this title.
    (c) Administrative Support Services.--Upon the request of 
the Advisory Commission, the Administrator of General Services 
shall provide to the Advisory Commission, on a reimbursable 
basis, the administrative support services necessary for the 
Advisory Commission to carry out its duties under this title.
    (d) Contract Authority.--The Advisory Commission may, 
subject to appropriations, contract with and compensate 
government and private persons (including agencies) for 
property and services used to carry out its duties under this 
title.

SEC. 304. [2 U.S.C. 1554] ANNUAL REPORT TO CONGRESS REGARDING FEDERAL 
                    COURT RULINGS.

    No later than 4 months after the date of enactment of this 
Act, and no later than March 15 of each year thereafter, the 
Advisory Commission on Intergovernmental Relations shall submit 
to the Congress, including the Committee on Government Reform 
and Oversight of the House of Representatives and the Committee 
on Governmental Affairs of the Senate, and to the President a 
report describing any Federal court case to which a State, 
local, or tribal government was a party in the preceding 
calendar year that required such State, local, or tribal 
government to undertake responsibilities or activities, beyond 
those such government would otherwise have undertaken, to 
comply with Federal statutes and regulations.

SEC. 305. [2 U.S.C. 1555] DEFINITION.

    Notwithstanding section 3 of this Act, for purposes of this 
title the term ``Federal mandate'' means any provision in 
statute or regulation or any Federal court ruling that imposes 
an enforceable duty upon State, local, or tribal governments 
including a condition of Federal assistance or a duty arising 
from participation in a voluntary Federal program.

SEC. 306. [2 U.S.C. 1556] AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Advisory 
Commission to carry out section 301 and section 302, $500,000 
for each of fiscal years 1995 and 1996.

                       Title IV--Judicial Review

SEC. 401. [2 U.S.C. 1571] JUDICIAL REVIEW.

    (a) Agency Statements on Significant Regulatory Actions.--
            (1) In general.--Compliance or noncompliance by any 
        agency with the provisions of sections 202 and 203(a) 
        (1) and (2) shall be subject to judicial review only in 
        accordance with this section.
            (2) Limited review of agency compliance or 
        noncompliance.--
                    (A) Agency compliance or noncompliance with 
                the provisions of sections 202 and 203(a) (1) 
                and (2) shall be subject to judicial review 
                only under section 706(1) of title 5, United 
                States Code, and only as provided under 
                subparagraph (B).
                    (B) If an agency fails to prepare the 
                written statement (including the preparation of 
                the estimates, analyses, statements, or 
                descriptions) under section 202 or the written 
                plan under section 203(a) (1) and (2), a court 
                may compel the agency to prepare such written 
                statement.
            (3) Review of agency rules.--In any judicial review 
        under any other Federal law of an agency rule for which 
        a written statement or plan is required under sections 
        202 and 203(a) (1) and (2), the inadequacy or failure 
        to prepare such statement (including the inadequacy or 
        failure to prepare any estimate, analysis, statement or 
        description) or written plan shall not be used as a 
        basis for staying, enjoining, invalidating or otherwise 
        affecting such agency rule.
            (4) Certain information as part of record.--Any 
        information generated under sections 202 and 203(a) (1) 
        and (2) that is part of the rulemaking record for 
        judicial review under the provisions of any other 
        Federal law may be considered as part of the record for 
        judicial review conducted under such other provisions 
        of Federal law.
            (5) Application of other federal law.--For any 
        petition under paragraph (2) the provisions of such 
        other Federal law shall control all other matters, such 
        as exhaustion of administrative remedies, the time for 
        and manner of seeking review and venue, except that if 
        such other Federal law does not provide a limitation on 
        the time for filing a petition for judicial review that 
        is less than 180 days, such limitation shall be 180 
        days after a final rule is promulgated by the 
        appropriate agency.
            (6) Effective date.--This subsection shall take 
        effect on October 1, 1995, and shall apply only to any 
        agency rule for which a general notice of proposed 
        rulemaking is promulgated on or after such date.
    (b) Judicial Review and Rule of Construction.--Except as 
provided in subsection (a)--
            (1) any estimate, analysis, statement, description 
        or report prepared under this Act, and any compliance 
        or noncompliance with the provisions of this Act, and 
        any determination concerning the applicability of the 
        provisions of this Act shall not be subject to judicial 
        review; and
            (2) no provision of this Act shall be construed to 
        create any right or benefit, substantive or procedural, 
        enforceable by any person in any administrative or 
        judicial action.
    

======================================================================


                 RULES OF THE HOUSE OF REPRESENTATIVES

======================================================================


                 RULES OF THE HOUSE OF REPRESENTATIVES

                                 RULE X

                       Organization of Committees

Committees and their legislative jurisdictions
    Clause 1.
          * * * * * * *

    (d) Committee on the Budget.
            (1) Concurrent resolutions on the budget (as 
        defined in section 3(4) of the Congressional Budget Act 
        of 1974), other matters required to be referred to the 
        committee under titles III and IV of that Act, and 
        other measures setting forth appropriate levels of 
        budget totals for the United States Government.
            (2) Budget Process generally.
            (3) Establishment, extension, and enforcement of 
        special controls over the Federal budget, including the 
        budgetary treatment of off-budget Federal agencies and 
        measures providing exemption from reduction under any 
        order issued under part C of the Balanced Budget and 
        Emergency Deficit Control Act of 1985.
          * * * * * * *

Additional functions of committees
    Budget Act responsibilities.
          * * * * * * *

    Clause 4.
          * * * * * * *

    (f)(1) Each standing committee shall submit to the 
Committee on the Budget not later than six weeks after the 
submission of the budget by the President, or at such time as 
the Committee on the Budget may request--
                    (A) its views and estimates with respect to 
                all matters to be set forth in the concurrent 
                resolution on the budget for the ensuing fiscal 
                year that are within its jurisdiction or 
                functions; and
                    (B) an estimate of the total amounts of new 
                budget authority, and budget outlays resulting 
                therefrom, to be provided or authorized in all 
                bills and resolutions within its jurisdiction 
                that it intends to be effective during that 
                fiscal year.
            (2) The views and estimates submitted by the 
        Committee on Ways and Means under subparagraph (1) 
        shall include a specific recommendation, made after 
        holding public hearings, as to the appropriate level of 
        the public debt that should be set forth in the 
        concurrent resolution on the budget.
          * * * * * * *

Permanent Select Committee on Intelligence
          * * * * * * *

    Clause 11.
          * * * * * * *

            (3) Within six weeks after the President submits a 
        budget under section 1105(a) of title 31, United States 
        Code, or at such time as the Committee on the Budget 
        may request, the select committee shall submit to the 
        Committee on the Budget the views and estimates 
        described in section 301(d) of the Congressional Budget 
        Act of 1974 regarding matters within the jurisdiction 
        of the select committee.

                                RULE XII

          * * * * * * *

Constitutional Authority Statement \90\
    7. (a) * * *
          * * * * * * *
    (c)(1) A bill or joint resolution may not be introduced 
unless the sponsor submits for printing in the Congressional 
Record a statement citing as specifically as practicable the 
power or powers granted to Congress in the Constitution to 
enact the bill or joint resolution. The statement shall appear 
in a portion of the Record designated for that purpose and be 
made publicly available in electronic form by the Clerk.
---------------------------------------------------------------------------
    \90\ Clause 7, requiring a constitutional authority statement for 
each bill that is introduced, appended to the legislative text, was 
inserted by H. Res. 5, the organizing resolution for the 112th 
Congress.
---------------------------------------------------------------------------
            (2) Before consideration of a Senate bill or joint 
        resolution, the chair of a committee of jurisdiction 
        may submit the statement required under subparagraph 
        (1) as though the chair were the sponsor of the Senate 
        bill or joint resolution.

                               RULE XIII

                    Calendars and Committee Reports.

Calendars
    1. (a) All business reported by committees shall be 
referred to one of the following three calendars:
            (1) A Calendar of the Committee of the Whole House 
        on the state of the Union, to which shall be referred 
        public bills and public resolutions raising revenue, 
        involving a tax or charge on the people, directly or 
        indirectly making appropriations of money or property 
        or requiring such appropriations to be made, 
        authorizing payments out of appropriations already 
        made, releasing any liability to the United States for 
        money or property, or referring a claim to the Court of 
        Claims.
            (2) A House Calendar, to which shall be referred 
        all public bills and public resolutions not requiring 
        referral to the Calendar of the Committee of the Whole 
        House on the state of the Union.
            (3) A Private Calendar as provided in clause 5 of 
        rule XV, to which shall be referred all private bills 
        and private resolutions.
    (b) There is established a Calendar of Motions to Discharge 
Committees as provided in clause 2 of rule XV.

Filing and printing of reports
    2. (a)(1) Except as provided in subparagraph (2), all 
reports of committees (other than those filed from the floor) 
shall be delivered to the Clerk for printing and reference to 
the proper calendar under the direction of the Speaker in 
accordance with clause 1. The title or subject of each report 
shall be entered on the Journal and printed in the 
Congressional Record.
            (2) A bill or resolution reported adversely (other 
        than those filed as privileged) shall be laid on the 
        table unless a committee to which the bill or 
        resolution was referred requests at the time of the 
        report its referral to an appropriate calendar under 
        clause 1 or unless, within three days thereafter, a 
        Member, Delegate, or Resident Commissioner makes such a 
        request.
    (b)(1) It shall be the duty of the chair of each committee 
to report or cause to be reported promptly to the House a 
measure or matter approved by the committee and to take or 
cause to be taken steps necessary to bring the measure or 
matter to a vote.
            (2) In any event, the report of a committee on a 
        measure that has been approved by the committee shall 
        be filed within seven calendar days (exclusive of days 
        on which the House is not in session) after the day on 
        which a written request for the filing of the report, 
        signed by a majority of the members of the committee, 
        has been filed with the clerk of the committee. The 
        clerk of the committee shall immediately notify the 
        chair of the filing of such a request. This 
        subparagraph does not apply to a report of the 
        Committee on Rules with respect to a rule, joint rule, 
        or order of business of the House, or to the reporting 
        of a resolution of inquiry addressed to the head of an 
        executive department.
    (c) All supplemental, minority, or additional views filed 
under clause 2(l) of rule XI by one or more members of a 
committee shall be included in, and shall be a part of, the 
report filed by the committee with respect to a measure or 
matter. When time guaranteed by clause 2(l) of rule XI has 
expired (or, if sooner, when all separate views have been 
received), the committee may arrange to file its report with 
the Clerk not later than one hour after the expiration of such 
time. This clause and provisions of clause 2(l) of rule XI do 
not preclude the immediate filing or printing of a committee 
report in the absence of a timely request for the opportunity 
to file supplemental, minority, or additional views as provided 
in clause 2(l) of rule XI.

Content of reports
    3. (a)(1) Except as provided in subparagraph (2), the 
report of a committee on a measure or matter shall be printed 
in a single volume that--
                    (A) shall include all supplemental, 
                minority, or additional views that have been 
                submitted by the time of the filing of the 
                report; and
                    (B) shall bear on its cover a recital that 
                any such supplemental, minority, or additional 
                views (and any material submitted under 
                paragraph (c)(3)) are included as part of the 
                report.
            (2) A committee may file a supplemental report for 
        the correction of a technical error in its previous 
        report on a measure or matter. A supplemental report 
        only correcting errors in the depiction of record votes 
        under paragraph (b) may be filed under this 
        subparagraph and shall not be subject to the 
        requirement in clause 4 or clause 6 concerning the 
        availability of reports.
    (b) With respect to each record vote on a motion to report 
a measure or matter of a public nature, and on any amendment 
offered to the measure or matter, the total number of votes 
cast for and against, and the names of members voting for and 
against, shall be included in the committee report. The 
preceding sentence does not apply to votes taken in executive 
session by the Committee on Ethics.
    (c) The report of a committee on a measure that has been 
approved by the committee shall include, separately set out and 
clearly identified, the following:
            (1) Oversight findings and recommendations under 
        clause 2(b)(1) of rule X.
            (2) The statement required by section 308(a) of the 
        Congressional Budget Act of 1974, except that an 
        estimate of new budget authority shall include, when 
        practicable, a comparison of the total estimated 
        funding level for the relevant programs to the 
        appropriate levels under current law.
            (3) An estimate and comparison prepared by the 
        Director of the Congressional Budget Office under 
        section 402 of the Congressional Budget Act of 1974 if 
        timely submitted to the committee before the filing of 
        the report.
            (4) A statement of general performance goals and 
        objectives, including outcome-related goals and 
        objectives, for which the measure authorizes funding.
    (d) Each report of a committee on a public bill or public 
joint resolution shall contain the following:
            (1)(A) An estimate by the committee of the costs 
        that would be incurred in carrying out the bill or 
        joint resolution in the fiscal year in which it is 
        reported and in each of the five fiscal years following 
        that fiscal year (or for the authorized duration of any 
        program authorized by the bill or joint resolution if 
        less than five years);
                    (B) a comparison of the estimate of costs 
                described in subdivision (A) made by the 
                committee with any estimate of such costs made 
                by a Government agency and submitted to such 
                committee; and
                    (C) when practicable, a comparison of the 
                total estimated funding level for the relevant 
                programs with the appropriate levels under 
                current law.
            (2)(A) In subparagraph (1) the term ``Government 
        agency'' includes any department, agency, 
        establishment, wholly owned Government Corporation, or 
        instrumentality of the Federal Government or the 
        government of the District of Columbia.
                    (B) Subparagraph (1) does not apply to the 
                Committee on Appropriations, the Committee on 
                House Administration, the Committee on Rules, 
                or the Committee on Ethics, and does not apply 
                when a cost estimate and comparison prepared by 
                the Director of the Congressional Budget Office 
                under section 402 of the Congressional Budget 
                Act of 1974 has been included in the report 
                under paragraph (c)(3).
    (e)(1) Whenever a committee reports a bill or joint 
resolution proposing to repeal or amend a statute or part 
thereof, it shall include in its report or in an accompanying 
document--
                    (A) the text of a statute or part thereof 
                that is proposed to be repealed; and
                    (B) a comparative print of any part of the 
                bill or joint resolution proposing to amend the 
                statute and of the statute or part thereof 
                proposed to be amended, showing by appropriate 
                typographical devices the omissions and 
                insertions proposed.
            (2) If a committee reports a bill or joint 
        resolution proposing to repeal or amend a statute or 
        part thereof with a recommendation that the bill or 
        joint resolution be amended, the comparative print 
        required by subparagraph (1) shall reflect the changes 
        in existing law proposed to be made by the bill or 
        joint resolution as proposed to be amended.
    (f)(1) A report of the Committee on Appropriations on a 
general appropriation bill shall include--
                    (A) a concise statement describing the 
                effect of any provision of the accompanying 
                bill that directly or indirectly changes the 
                application of existing law; and
                    (B) a list of all appropriations contained 
                in the bill for expenditures not currently 
                authorized by law for the period concerned 
                (excepting classified intelligence or national 
                security programs, projects, or activities), 
                along with a statement of the last year for 
                which such expenditures were authorized, the 
                level of expenditures authorized for that year, 
                the actual level of expenditures for that year, 
                and the level of appropriations in the bill for 
                such expenditures.
            (2) Whenever the Committee on Appropriations 
        reports a bill or joint resolution including matter 
        specified in clause 1(b)(2) or (3) of rule X, it shall 
        include--
                    (A) in the bill or joint resolution, 
                separate headings for ``Rescissions'' and 
                ``Transfers of Unexpended Balances''; and
                    (B) in the report of the committee, a 
                separate section listing such rescissions and 
                transfers.
    (g) Whenever the Committee on Rules reports a resolution 
proposing to repeal or amend a standing rule of the House, it 
shall include in its report or in an accompanying document--
            (1) the text of any rule or part thereof that is 
        proposed to be repealed; and
            (2) a comparative print of any part of the 
        resolution proposing to amend the rule and of the rule 
        or part thereof proposed to be amended, showing by 
        appropriate typographical devices the omissions and 
        insertions proposed. (h)(1) It shall not be in order to 
        consider a bill or joint resolution reported by the 
        Committee on Ways and Means that proposes to amend the 
        Internal Revenue Code of 1986 unless--
                    (A) the report includes a tax complexity 
                analysis prepared by the Joint Committee on 
                Internal Revenue Taxation in accordance with 
                section 4022(b) of the Internal Revenue Service 
                Restructuring and Reform Act of 1998; or
                    (B) the chair of the Committee on Ways and 
                Means causes such a tax complexity analysis to 
                be printed in the Congressional Record before 
                consideration of the bill or joint resolution.
    (2)(A) It shall not be in order to consider a bill or joint 
resolution reported by the Committee on Ways and Means that 
proposes to amend the Internal Revenue Code of 1986 unless--
                            (i) the report includes a 
                        macroeconomic impact analysis;
                            (ii) the report includes a 
                        statement from the Joint Committee on 
                        Internal Revenue Taxation explaining 
                        why a macroeconomic impact analysis is 
                        not calculable; or
                            (iii) the chair of the Committee on 
                        Ways and Means causes a macroeconomic 
                        impact analysis to be printed in the 
                        Congressional Record before 
                        consideration of the bill or joint 
                        resolution.
                    (B) In subdivision (A), ther term 
                ``macroeconomic impact analysis'' means--
                            (i) an estimate prepared by the 
                        Joint Committee on Internal Revenue 
                        Taxation of the changes in economic 
                        output, employment, capital stock, and 
                        tax revenues expected to result from 
                        enactment of the proposal; and
                            (ii) a statement from the Joint 
                        Committee on Internal Revenue Taxation 
                        identifying the critical assumptions 
                        and the source of data underlying that 
                        estimate.
Availability of reports
    4. (a)(1) Except as specified in subparagraph (2), it shall 
not be in order to consider in the House a measure or matter 
reported by a committee until the third calendar day (excluding 
Saturdays, Sundays, or legal holidays except when the House is 
in session on such a day) on which each report of a committee 
on that measure or matter has been available to Members, 
Delegates, and the Resident Commissioner.
            (2) Subparagraph (1) does not apply to--
                    (A) a resolution providing a rule, joint 
                rule, or order of business reported by the 
                Committee on Rules considered under clause 6;
                    (B) a resolution providing amounts from the 
                applicable accounts described in clause 1(k)(1) 
                of rule X reported by the Committee on House 
                Administration considered under clause 6 of 
                rule X;
                    (C) a resolution presenting a question of 
                the privileges of the House reported by any 
                committee;
                    (D) a measure for the declaration of war, 
                or the declaration of a national emergency, by 
                Congress; and
                    (E) a measure providing for the disapproval 
                of a decision, determination, or action by a 
                Government agency that would become, or 
                continue to be, effective unless disapproved or 
                otherwise invalidated by one or both Houses of 
                Congress. In this subdivision the term 
                ``Government agency'' includes any department, 
                agency, establishment, wholly owned Government 
                corporation, or instrumentality of the Federal 
                Government or of the government of the District 
                of Columbia.
    (b) A committee that reports a measure or matter shall make 
every reasonable effort to have its hearings thereon (if any) 
printed and available for distribution to Members, Delegates, 
and the Resident Commissioner before the consideration of the 
measure or matter in the House.
    (c) A general appropriation bill reported by the Committee 
on Appropriations may not be considered in the House until the 
third calendar day (excluding Saturdays, Sundays, and legal 
holidays except when the House is in session on such a day) on 
which printed hearings of the Committee on Appropriations 
thereon have been available to Members, Delegates, and the 
Resident Commissioner.

Privileged reports, generally
    5. (a) The following committees shall have leave to report 
at any time on the following matters, respectively:
            (1) The Committee on Appropriations, on general 
        appropriation bills and on joint resolutions continuing 
        appropriations for a fiscal year after September 15 in 
        the preceding fiscal year.
            (2) The Committee on the Budget, on the matters 
        required to be reported by such committee under titles 
        III and IV of the Congressional Budget Act of 1974.
            (3) The Committee on House Administration, on 
        enrolled bills, on contested elections, on matters 
        referred to it concerning printing for the use of the 
        House or the two Houses, on expenditure of the 
        applicable accounts of the House described in clause 
        1(k)(1) of rule X, and on matters relating to 
        preservation and availability of noncurrent records of 
        the House under rule VII.
            (4) The Committee on Rules, on rules, joint rules, 
        and the order of business.
            (5) The Committee on Ethics, on resolutions 
        recommending action by the House with respect to a 
        Member, Delegate, Resident Commissioner, officer, or 
        employee of the House as a result of an investigation 
        by the committee relating to the official conduct of 
        such Member, Delegate, Resident Commissioner, officer, 
        or employee.
    (b) A report filed from the floor as privileged under 
paragraph (a) may be called up as a privileged question by 
direction of the reporting committee, subject to any 
requirement concerning its availability to Members, Delegates, 
and the Resident Commissioner under clause 4 or concerning the 
timing of its consideration under clause 6.

Privileged reports by the Committee on Rules
    6. (a) A report by the Committee on Rules on a rule, joint 
rule, or the order of business may not be called up for 
consideration on the same day it is presented to the House 
except--
            (1) when so determined by a vote of two-thirds of 
        the Members voting, a quorum being present;
            (2) in the case of a resolution proposing only to 
        waive a requirement of clause 4 or of clause 8 of rule 
        XXII concerning the availability of reports; or
            (3) during the last three days of a session of 
        Congress.
    (b) Pending the consideration of a report by the Committee 
on Rules on a rule, joint rule, or the order of business, the 
Speaker may entertain one motion that the House adjourn but may 
not entertain any other dilatory motion until the report shall 
have been disposed of.
    (c) The Committee on Rules may not report a rule or order 
that would prevent the motion to recommit a bill or joint 
resolution from being made as provided in clause 2(b) of rule 
XIX, including a motion to recommit with instructions to report 
back an amendment otherwise in order, if offered by the 
Minority Leader or a designee, except with respect to a Senate 
bill or joint resolution for which the text of a House-passed 
measure has been substituted.
    (d) The Committee on Rules shall present to the House 
reports concerning rules, joint rules, and the order of 
business, within three legislative days of the time when they 
are ordered. If such a report is not considered immediately, it 
shall be referred to the calendar. If such a report on the 
calendar is not called up by the member of the committee who 
filed the report within seven legislative days, any member of 
the committee may call it up as a privileged question on the 
day after the calendar day on which the member announces to the 
House intention to do so. The Speaker shall recognize a member 
of the committee who rises for that purpose.
    (e) An adverse report by the Committee on Rules on a 
resolution proposing a special order of business for the 
consideration of a public bill or public joint resolution may 
be called up as a privileged question by a Member, Delegate, or 
Resident Commissioner on a day when it is in order to consider 
a motion to discharge committees under clause 2 of rule XV.
    (f) If the House has adopted a resolution making in order a 
motion to consider a bill or resolution, and such a motion has 
not been offered within seven calendar days thereafter, such a 
motion shall be privileged if offered by direction of all 
reporting committees having initial jurisdiction of the bill or 
resolution.
    (g) Whenever the Committee on Rules reports a resolution 
providing for the consideration of a measure, it shall (to the 
maximum extent possible) specify in the resolution the object 
of any waiver of a point of order against the measure or 
against its consideration.

Resolutions of inquiry
    7. A report on a resolution of inquiry addressed to the 
head of an executive department may be filed from the floor as 
privileged. If such a resolution is not reported to the House 
within 14 legislative days after its introduction, a motion to 
discharge a committee from its consideration shall be 
privileged.

                               RULE XVIII

                    The Committee of the Whole House
                       on the State of the Union.

          * * * * * * *

Concurrent Resolution on the Budget \91\
    10. (a) At the conclusion of general debate in the 
Committee of the Whole House on the state of the Union on a 
concurrent resolution on the budget under section 305(a) of the 
Congressional Budget Act of 1974, the concurrent resolution 
shall be considered as read for amendment.
---------------------------------------------------------------------------
    \91\ Clause 10 of Rule XVIII requires that, with certain 
exceptions, that amendments to concurrent resolutions on the budget be 
mathematically consistent. Under this rule, amendments making changes 
in budget authority and outlay aggregate totals must be accompanied by 
comparable changes in functional categories. A point of order will lie 
against an amendment to the resolution increasing the aggregates and a 
functional category for budget authority and outlays but not changing 
the amount of the deficit. However, an amendment that only transfers an 
amount of budget authority from one functional category to another--
that is, reduces one category by a certain amount and adds the same 
amount to another category--need make no changes in the aggregates to 
achieve mathematical consistency. 96-1, May 8, 1979, p 10271.
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    (b) It shall not be in order in the House or in the 
Committee of the Whole House on the state of the Union to 
consider an amendment to a concurrent resolution on the budget, 
or an amendment thereto, unless the concurrent resolution, as 
amended by such amendment or amendments--
            (1) would be mathematically consistent except as 
        limited by paragraph (c); and
            (2) would contain all the matter set forth in 
        paragraphs (1) through (5) of section 301(a) of the 
        Congressional Budget Act of 1974.
    (c)(1) Except as specified in subparagraph (2), it shall 
not be in order in the House or in the Committee of the Whole 
House on the state of the Union to consider an amendment to a 
concurrent resolution on the budget, or an amendment thereto, 
that proposes to change the amount of the appropriate level of 
the public debt set forth in the concurrent resolution, as 
reported.
            (2) Amendments to achieve mathematical consistency 
        under section 305(a)(5) of the Congressional Budget Act 
        of 1974, if offered by direction of the Committee on 
        the Budget, may propose to adjust the amount of the 
        appropriate level of the public debt set forth in the 
        concurrent resolution, as reported, to reflect changes 
        made in other figures contained in the concurrent 
        resolution.
          * * * * * * *

                                RULE XXI

                     Restrictions on Certain Bills.

Reservation of certain points of order
    1. At the time a general appropriation bill is reported, 
all points of order against provisions therein shall be 
considered as reserved.

General appropriation bills and amendments
    2. (a)(1) An appropriation may not be reported in a general 
appropriation bill, and may not be in order as an amendment 
thereto, for an expenditure not previously authorized by law, 
except to continue appropriations for public works and objects 
that are already in progress.
            (2) A reappropriation of unexpended balances of 
        appropriations may not be reported in a general 
        appropriation bill, and may not be in order as an 
        amendment thereto, except to continue appropriations 
        for public works and objects that are already in 
        progress. This subparagraph does not apply to transfers 
        of unexpended balances within the department or agency 
        for which they were originally appropriated that are 
        reported by the Committee on Appropriations.
    (b) A provision changing existing law may not be reported 
in a general appropriation bill, including a provision making 
the availability of funds contingent on the receipt or 
possession of information not required by existing law for the 
period of the appropriation, except germane provisions that 
retrench expenditures by the reduction of amounts of money 
covered by the bill (which may include those recommended to the 
Committee on Appropriations by direction of a legislative 
committee having jurisdiction over the subject matter) and 
except rescissions of appropriations contained in appropriation 
Acts.
    (c) An amendment to a general appropriation bill shall not 
be in order if changing existing law, including an amendment 
making the availability of funds contingent on the receipt or 
possession of information not required by existing law for the 
period of the appropriation. Except as provided in paragraph 
(d), an amendment proposing a limitation not specifically 
contained or authorized in existing law for the period of the 
limitation shall not be in order during consideration of a 
general appropriation bill.
    (d) After a general appropriation bill has been read for 
amendment, a motion that the Committee of the Whole House on 
the state of the Union rise and report the bill to the House 
with such amendments as may have been adopted shall, if offered 
by the Majority Leader or a designee, have precedence over 
motions to amend the bill. If such a motion to rise and report 
is rejected or not offered, amendments proposing limitations 
not specifically contained or authorized in existing law for 
the period of the limitation or proposing germane amendments 
that retrench expenditures by reductions of amounts of money 
covered by the bill may be considered.
    (e) A provision other than an appropriation designated an 
emergency under section 251(b)(2) or section 252(e) of the 
Balanced Budget and Emergency Deficit Control Act, a rescission 
of budget authority, or a reduction in direct spending or an 
amount for a designated emergency may not be reported in an 
appropriation bill or joint resolution containing an emergency 
designation under section 251(b)(2) or section 252(e) of such 
Act and may not be in order as an amendment thereto.
    (f) During the reading of an appropriation bill for 
amendment in the Committee of the Whole House on the state of 
the Union, it shall be in order to consider en bloc amendments 
proposing only to transfer appropriations among objects in the 
bill without increasing the levels of budget authority or 
outlays in the bill. When considered en bloc under this 
paragraph, such amendments may amend portions of the bill not 
yet read for amendment (following disposition of any points of 
order against such portions) and are not subject to a demand 
for division of the question in the House or in the Committee 
of the Whole.

Transportation obligation limitations \92\
    3. It shall not be in order to consider a general 
appropriation bill or joint resolution, or conference report 
thereon, that--
---------------------------------------------------------------------------
    \92\ Amended previous clause: ``It shall not be in order to 
consider a bill, joint resolution, amendment, or conference report that 
would cause obligation limitations to be below the level for any fiscal 
year set forth in section 8003 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users, as adjusted, 
for the highway category or the mass transit category, as applicable. 
For purposes of this clause, any obligation limitation relating to 
surface transportation projects under section 1602 of the 
Transportation Equity Act for the 21st Century and section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users shall be assumed to be administered on the basis of 
sound program management practices that are consistent with past 
practices of the administering agency permitting Sec. 1064. 
Transportation obligation limitations.''
---------------------------------------------------------------------------
            (a) provides spending authority derived from 
        receipts deposited in the Highway Trust Fund (excluding 
        any transfers from the General Fund of the Treasury); 
        or
            (b) reduces or otherwise limits the accruing 
        balances of the Highway Trust Fund, for any purpose 
        other than for those activities authorized for the 
        highway or mass transit categories.

Appropriations on legislative bills
    4. A bill or joint resolution carrying an appropriation may 
not be reported by a committee not having jurisdiction to 
report appropriations, and an amendment proposing an 
appropriation shall not be in order during the consideration of 
a bill or joint resolution reported by a committee not having 
that jurisdiction. A point of order against an appropriation in 
such a bill, joint resolution, or amendment thereto may be 
raised at any time during pendency of that measure for 
amendment.

Tax and tariff measures and amendments
    5. (a)(1) A bill or joint resolution carrying a tax or 
tariff measure may not be reported by a committee not having 
jurisdiction to report tax or tariff measures, and an amendment 
in the House or proposed by the Senate carrying a tax or tariff 
measure shall not be in order during the consideration of a 
bill or joint resolution reported by a committee not having 
that jurisdiction. A point of order against a tax or tariff 
measure in such a bill, joint resolution, or amendment thereto 
may be raised at any time during pendency of that measure for 
amendment.
            (2) For purposes of paragraph (1),\93\ a tax or 
        tariff measure includes an amendment proposing a 
        limitation on funds in a general appropriation bill for 
        the administration of a tax or tariff.
---------------------------------------------------------------------------
    \93\ So in law. Should be ``subparagraph (1)''.
---------------------------------------------------------------------------
    (b) A bill or joint resolution, amendment, or conference 
report carrying a Federal income tax rate increase may not be 
considered as passed or agreed to unless so determined by a 
vote of not less than three-fifths of the Members voting, a 
quorum being present. In this paragraph the term ``Federal 
income tax rate increase'' means any amendment to subsection 
(a), (b), (c), (d), or (e) of section 1, or to section 11(b) or 
55(b), of the Internal Revenue Code of 1986, that imposes a new 
percentage as a rate of tax and thereby increases the amount of 
tax imposed by any such section.
    (c) It shall not be in order to consider a bill, joint 
resolution, amendment, or conference report carrying a 
retroactive Federal income tax rate increase. In this 
paragraph--
            (1) the term ``Federal income tax rate increase'' 
        means any amendment to subsection (a), (b), (c), (d), 
        or (e) of section 1, or to section 11(b) or 55(b), of 
        the Internal Revenue Code of 1986, that imposes a new 
        percentage as a rate of tax and thereby increases the 
        amount of tax imposed by any such section; and
            (2) a Federal income tax rate increase is 
        retroactive if it applies to a period beginning before 
        the enactment of the provision.

Designation of public works
    6. It shall not be in order to consider a bill, joint 
resolution, amendment, or conference report that provides for 
the designation or redesignation of a public work in honor of 
an individual then serving as a Member, Delegate, Resident 
Commissioner, or Senator.

Reconciliation directives
    7. It shall not be in order to consider a concurrent 
resolution on the budget, or an amendment thereto, or a 
conference report thereon that contains reconciliation 
directives under section 310 of the Congressional Budget Act of 
1974 that specify changes in law such that the reconciliation 
legislation reported pursuant to such directives would cause an 
increase in net direct spending as such term is defined in 
clause 10 for the period covered by such concurrent resolution.

Application of Budget Act points of order
    8. With respect to measures considered pursuant to a 
special order of business, points of order under title III of 
the Congressional Budget Act of 1974 shall operate without 
regard to whether the measure concerned has been reported from 
committee. Such points of order shall operate with respect to 
(as the case may be)--
            (a) the form of a measure recommended by the 
        reporting committee where the statute uses the term 
        ``as reported'' (in the case of a measure that has been 
        so reported);
            (b) the form of the measure made in order as an 
        original bill or joint resolution for the purpose of 
        amendment; or
            (c) the form of the measure on which the previous 
        question is ordered directly to passage.

Earmarks
    9. (a) It shall not be in order to consider--
            (1) a bill or joint resolution reported by a 
        committee unless the report includes a list of 
        congressional earmarks, limited tax benefits, and 
        limited tariff benefits in the bill or in the report 
        (and the name of any Member, Delegate, or Resident 
        Commissioner who submitted a request to the committee 
        for each respective item included in such list) or a 
        statement that the proposition contains no 
        congressional earmarks, limited tax benefits, or 
        limited tariff benefits;
            (2) a bill or joint resolution not reported by a 
        committee unless the chair of each committee of initial 
        referral has caused a list of congressional earmarks, 
        limited tax benefits, and limited tariff benefits in 
        the bill (and the name of any Member, Delegate, or 
        Resident Commissioner who submitted a request to the 
        committee for each respective item included in such 
        list) or a statement that the proposition contains no 
        congressional earmarks, limited tax benefits, or 
        limited tariff benefits to be printed in the 
        Congressional Record prior to its consideration;
            (3) an amendment to a bill or joint resolution to 
        be offered at the outset of its consideration for 
        amendment by a Member of a committee of initial 
        referral as designated in a report of the Committee on 
        Rules to accompany a resolution prescribing a special 
        order of business unless the proponent has caused a 
        list of congressional earmarks, limited tax benefits, 
        and limited tariff benefits in the amendment (and the 
        name of any Member, Delegate, or Resident Commissioner 
        who submitted a request to the proponent for each 
        respective item included in such list) or a statement 
        that the proposition contains no congressional 
        earmarks, limited tax benefits, or limited tariff 
        benefits to be printed in the Congressional Record 
        prior to its consideration; or
            (4) a conference report to accompany a bill or 
        joint resolution unless the joint explanatory statement 
        prepared by the managers on the part of the House and 
        the managers on the part of the Senate includes a list 
        of congressional earmarks, limited tax benefits, and 
        limited tariff benefits in the conference report or 
        joint statement (and the name of any Member, Delegate, 
        Resident Commissioner, or Senator who submitted a 
        request to the House or Senate committees of 
        jurisdiction for each respective item included in such 
        list) or a statement that the proposition contains no 
        congressional earmarks, limited tax benefits, or 
        limited tariff benefits.
    (b) It shall not be in order to consider a conference 
report to accompany a regular general appropriation bill unless 
the joint explanatory statement prepared by the managers on the 
part of the House and the managers on the part of the Senate 
includes--
            (1) a list of congressional earmarks, limited tax 
        benefits, and limited tariff benefits in the conference 
        report or joint statement (and the name of any Member, 
        Delegate, Resident Commissioner, or Senator who 
        submitted a request to the House or Senate committees 
        of jurisdiction for each respective item included in 
        such list) that were neither committed to the 
        conference committee by either House nor in a report of 
        a committee of either House on such bill or on a 
        companion measure; or
            (2) a statement that the proposition contains no 
        congressional earmarks, limited tax benefits, or 
        limited tariff benefits.
    (c) It shall not be in order to consider a rule or order 
that waives the application of paragraph (a) or (b). As 
disposition of a point of order under this paragraph or 
paragraph (b), the Chair shall put the question of 
consideration with respect to the rule or order or conference 
report, as applicable. The question of consideration shall be 
debatable for 10 minutes by the Member initiating the point of 
order and for 10 minutes by an opponent, but shall otherwise be 
decided without intervening motion except one that the House 
adjourn.
    (d) In order to be cognizable by the Chair, a point of 
order raised under paragraph (a) may be based only on the 
failure of a report, submission to the Congressional Record, or 
joint explanatory statement to include a list required by 
paragraph (a) or a statement that the proposition contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits.
    (e) For the purpose of this clause, the term 
``congressional earmark'' means a provision or report language 
included primarily at the request of a Member, Delegate, 
Resident Commissioner, or Senator providing, authorizing or 
recommending a specific amount of discretionary budget 
authority, credit authority, or other spending authority for a 
contract, loan, loan guarantee, grant, loan authority, or other 
expenditure with or to an entity, or targeted to a specific 
State, locality or Congressional district, other than through a 
statutory or administrative formula driven or competitive award 
process.
    (f) For the purpose of this clause, the term ``limited tax 
benefit'' means--
            (1) any revenue-losing provision that--
                    (A) provides a Federal tax deduction, 
                credit, exclusion, or preference to 10 or fewer 
                beneficiaries under the Internal Revenue Code 
                of 1986, and
                    (B) contains eligibility criteria that are 
                not uniform in application with respect to 
                potential beneficiaries of such provision; or
            (2) any Federal tax provision which provides one 
        beneficiary temporary or permanent transition relief 
        from a change to the Internal Revenue Code of 1986.
    (g) For the purpose of this clause, the term ``limited 
tariff benefit'' means a provision modifying the Harmonized 
Tariff Schedule of the United States in a manner that benefits 
10 or fewer entities.

Cut-As-You-Go
    10. (a)(1) Except as provided in paragraphs (b) and (c), it 
shall not be in order to consider a bill or joint resolution, 
or an amendment thereto or a conference report thereon, if the 
provisions of such measure have the net effect of increasing 
mandatory spending for the period of either--
                    (A) the current year, the budget year, and 
                the four fiscal years following that budget 
                year; or
                    (B) the current year, the budget year, and 
                the nine fiscal years following that budget 
                year.
            (2) For the purpose of this clause, the terms 
        `budget year' and `current year' have the meanings 
        specified in section 250 of the Balanced Budget and 
        Emergency Deficit Control Act of 1985, and the term 
        `mandatory spending' has the meaning of `direct 
        spending' specified in such section 250 except that 
        such term shall also include provisions in 
        appropriation Acts that make outyear modifications to 
        substantive law as described in section 3(4)(C) of the 
        Statutory Pay-As-You-Go Act of 2010.
    (b) If a bill or joint resolution, or an amendment thereto, 
is considered pursuant to a special order of the House 
directing the Clerk to add as new matter at the end of such 
bill or joint resolution the entire text of a separate measure 
or measures as passed by the House, the new matter proposed to 
be added shall be included in the evaluation under paragraph 
(a) of the bill, joint resolution, or amendment.
    (c)(1) Except as provided in subparagraph (2), the 
evaluation under paragraph (a) shall exclude a provision 
expressly designated as an emergency for the Statutory Pay-As-
You-Go Act of 2010, in the case of a point of order under this 
clause against consideration of--
                    (A) a bill or joint resolution;
                    (B) an amendment made in order as original 
                text by a special order of business;
                    (C) a conference report; or
                    (D) an amendment between the Houses.
            (2) In the case of an amendment (other than one 
        specified in subparagraph (1)) to a bill or joint 
        resolution, the evaluation under paragraph (a) shall 
        give no cognizance to any designation of emergency.\94\
---------------------------------------------------------------------------
    \94\ The following language was deleted by H. Res. 5, the ``rules 
package,'' adopted in the 112th Congress: ``(3) If a bill, a joint 
resolution, an amendment made in order as original text by a special 
order of business, a conference report, or an amendment between the 
Houses includes a provision expressly designated as an emergency for 
purposes of pay-as-you-go principles, the Chair shall put the question 
of consideration with respect thereto.''

Notice Requirements
    11. It shall not be in order to consider a bill or joint 
resolution which has not been reported by a committee until the 
third calendar day (excluding Saturdays, Sundays, or legal 
holidays except when the House is in session on such a day) on 
which such measure has been available to Members, Delegates, 
and the Resident Commissioner.\95\
---------------------------------------------------------------------------
    \95\ This clause was added by House Resolution 5 from the 112th 
Congress.
---------------------------------------------------------------------------
          * * * * * * *

                               Rule XXIX

                          General Provisions.

          * * * * * * *
            4. Authoritative guidance from the Committee on the 
        Budget concerning the impact of a legislative 
        proposition on the levels of new budget authority, 
        outlays, direct spending, new entitlement authority and 
        revenues may be provided by the chair of the 
        committee.\96\
---------------------------------------------------------------------------
    \96\ This clause was added by House Resolution 5 from the 112th 
Congress.
---------------------------------------------------------------------------
    

======================================================================


                          RULES OF THE SENATE

======================================================================


                    S. CON. RES. 21, 110TH CONGRESS

          * * * * * * *

                        Title II--Budget Process

SEC. 201. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE.

    (a) Point of Order.--
            (1) In general.--It shall not be in order in the 
        Senate to consider any direct spending or revenue 
        legislation that would increase the on-budget deficit 
        or cause an on-budget deficit for either of the 
        applicable time periods as measured in paragraphs (5) 
        and (6).
            (2) Applicable time periods.--For purposes of this 
        subsection, the term ``applicable time period'' means 
        either--
                    (A) the period of the current fiscal year, 
                the budget year, and the ensuing 4 fiscal years 
                following the budget year; or
                    (B) the period of the current fiscal year, 
                the budget year, and the ensuing 9 fiscal years 
                following the budget year.
            (3) Direct spending legislation.--For purposes of 
        this subsection and except as provided in paragraph 
        (4), the term ``direct spending legislation'' means any 
        bill, joint resolution, amendment, motion, or 
        conference report that affects direct spending as that 
        term is defined by, and interpreted for purposes of, 
        the Balanced Budget and Emergency Deficit Control Act 
        of 1985.
            (4) Exclusion.--For purposes of this subsection, 
        the terms ``direct spending legislation'' and ``revenue 
        legislation'' do not include--
                    (A) any concurrent resolution on the 
                budget; or
                    (B) any provision of legislation that 
                affects the full funding of, and continuation 
                of, the deposit insurance guarantee commitment 
                in effect on the date of enactment of the 
                Budget Enforcement Act of 1990.
            (5) Baseline.--Estimates prepared pursuant to this 
        subsection shall--
                    (A) use the baseline surplus or deficit 
                used for the most recently adopted concurrent 
                resolution on the budget; and
                    (B) be calculated under the requirements of 
                subsections (b) through (d) of section 257 of 
                the Balanced Budget and Emergency Deficit 
                Control Act of 1985 (as in effect prior to 
                September 30, 2002) for fiscal years beyond 
                those covered by that concurrent resolution on 
                the budget.
            (6) Prior surplus.--If direct spending or revenue 
        legislation increases the on-budget deficit or causes 
        an on-budget deficit when taken individually, it must 
        also increase the on-budget deficit or cause an on-
        budget deficit when taken together with all direct 
        spending and revenue legislation enacted since the 
        beginning of the calendar year not accounted for in the 
        baseline under paragraph (5)(A), except that direct 
        spending or revenue effects resulting in net deficit 
        reduction enacted in any bill pursuant to a 
        reconciliation instruction since the beginning of that 
        same calendar year shall never be made available on the 
        pay-as-you-go ledger and shall be dedicated only for 
        deficit reduction.
    (b) Supermajority Waiver and Appeals.--
            (1) Waiver.--This section may be waived or 
        suspended in the Senate only by the affirmative vote of 
        three-fifths of the Members, duly chosen and sworn.
            (2) Appeals.--Appeals in the Senate from the 
        decisions of the Chair relating to any provision of 
        this section shall be limited to 1 hour, to be equally 
        divided between, and controlled by, the appellant and 
        the manager of the bill or joint resolution, as the 
        case may be. An affirmative vote of three-fifths of the 
        Members of the Senate, duly chosen and sworn, shall be 
        required to sustain an appeal of the ruling of the 
        Chair on a point of order raised under this section.
    (c) Determination of Budget Levels.--For purposes of this 
section, the levels of new budget authority, outlays, and 
revenues for a fiscal year shall be determined on the basis of 
estimates made by the Senate Committee on the Budget.
    (d) Sunset.--This section shall expire on September 30, 
2017.
    (e) Repeal.--In the Senate, section 505 of H. Con. Res. 95 
(108th Congress), the fiscal year 2004 concurrent resolution on 
the budget, shall no longer apply.

SEC. 202. SENATE POINT OF ORDER AGAINST RECONCILIATION LEGISLATION THAT 
                    WOULD INCREASE THE DEFICIT OR REDUCE A SURPLUS.

    (a) In General.--It shall not be in order in the Senate to 
consider any reconciliation bill, resolution, amendment, 
amendment between Houses, motion, or conference report pursuant 
to section 310 of the Congressional Budget Act of 1974 that 
would cause or increase a deficit or reduce a surplus in either 
of the following periods:
            (1) The current fiscal year, the budget year, and 
        the ensuing 4 fiscal years following the budget year.
            (2) The current fiscal year, the budget year, and 
        the ensuing 9 fiscal years following the budget year.
    (b) Supermajority Waiver and Appeal in the Senate.--
            (1) Waiver.--This section may be waived or 
        suspended in the Senate only by an affirmative vote of 
        three-fifths of the Members, duly chosen and sworn.
            (2) Appeal.--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 
        this section.
    (c) Determination of Budget Levels.--For purposes of this 
section, the levels of net deficit increases shall be 
determined on the basis of estimates provided by the Senate 
Committee on the Budget.

SEC. 203. SENATE POINT OF ORDER AGAINST LEGISLATION INCREASING LONG-
                    TERM DEFICITS.

    (a) Congressional Budget Office Analysis of Proposals.--The 
Director of the Congressional Budget Office shall, to the 
extent practicable, prepare for each bill and joint resolution 
reported from committee (except measures within the 
jurisdiction of the Committee on Appropriations), and 
amendments thereto and conference reports thereon, an estimate 
of whether the measure would cause, relative to current law, a 
net increase in deficits in excess of $5,000,000,000 in any of 
the four 10-year periods beginning in fiscal year 2018 through 
fiscal year 2057.
    (b) Point of Order.--It shall not be in order in the Senate 
to consider any bill, joint resolution, amendment, motion, or 
conference report that would cause a net increase in deficits 
in excess of $5,000,000,000 in any of the 4 10-year periods 
beginning in 2018 through 2057.
    (c) Supermajority Waiver and Appeal in the Senate.--
            (1) Waiver.--This section may be waived or 
        suspended only by the affirmative vote of three-fifths 
        of the Members, duly chosen and sworn.
            (2) Appeal.--An affirmative vote of three-fifths of 
        the Members, duly chosen and sworn, shall be required 
        to sustain an appeal of the ruling of the Chair on a 
        point of order raised under this section.
    (d) Determinations of Budget Levels.--For purposes of this 
section, the levels of net deficit increases shall be 
determined on the basis of estimates provided by the Senate 
Committee on the Budget.
    (e) Repeal.--In the Senate, section 407 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for 
fiscal year 2006, shall no longer apply.
    (f) Sunset.--This section shall expire on September 30, 
2017.

SEC. 204. EMERGENCY LEGISLATION.

    (a) Senate.--
            (1) Authority to designate.--In the Senate, with 
        respect to a provision of direct spending or receipts 
        legislation or appropriations for discretionary 
        accounts that Congress designates as an emergency 
        requirement in such measure, the amounts of new budget 
        authority, outlays, and receipts in all fiscal years 
        resulting from that provision shall be treated as an 
        emergency requirement for the purpose of this 
        subsection.
            (2) Exemption of emergency provisions.--Any new 
        budget authority, outlays, and receipts resulting from 
        any provision designated as an emergency requirement, 
        pursuant to this subsection, in any bill, joint 
        resolution, amendment, or conference report shall not 
        count for purposes of sections 302 and 311 of the 
        Congressional Budget Act of 1974 and sections 201, 203, 
        and 207 of this resolution (relating to pay-as-you-go 
        in the Senate, long-term deficits, and discretionary 
        spending limits).
            (3) Designations.--If a provision of legislation is 
        designated as an emergency requirement under this 
        subsection, the committee report and any statement of 
        managers accompanying that legislation shall include an 
        explanation of the manner in which the provision meets 
        the criteria in paragraph (6).
            (4) Definitions.--In this subsection, the terms 
        ``direct spending'', ``receipts'', and ``appropriations 
        for discretionary accounts'' mean any provision of a 
        bill, joint resolution, amendment, motion, or 
        conference report that affects direct spending, 
        receipts, or appropriations as those terms have been 
        defined and interpreted for purposes of the Balanced 
        Budget and Emergency Deficit Control Act of 1985.
            (5) Point of order.--
                    (A) In general.--When the Senate is 
                considering a bill, resolution, amendment, 
                motion, or conference report, if a point of 
                order is made by a Senator against an emergency 
                designation in that measure, that provision 
                making such a designation shall be stricken 
                from the measure and may not be offered as an 
                amendment from the floor.
                    (B) Supermajority waiver and appeals.--
                            (i) Waiver.--Subparagraph (A) may 
                        be waived or suspended in the Senate 
                        only by an affirmative vote of three-
                        fifths of the Members, duly chosen and 
                        sworn.
                            (ii) Appeals.--Appeals in the 
                        Senate from the decisions of the Chair 
                        relating to any provision of this 
                        paragraph shall be limited to 1 hour, 
                        to be equally divided between, and 
                        controlled by, the appellant and the 
                        manager of the bill or joint 
                        resolution, as the case may be. An 
                        affirmative vote of three-fifths of the 
                        Members of the Senate, duly chosen and 
                        sworn, shall be required to sustain an 
                        appeal of the ruling of the Chair on a 
                        point of order raised under this 
                        paragraph.
                    (C) Definition of an emergency 
                designation.--For purposes of subparagraph (A), 
                a provision shall be considered an emergency 
                designation if it designates any item as an 
                emergency requirement pursuant to this 
                subsection.
                    (D) Form of the point of order.--A point of 
                order under subparagraph (A) may be raised by a 
                Senator as provided in section 313(e) of the 
                Congressional Budget Act of 1974.
                    (E) Conference reports.--When the Senate is 
                considering a conference report on, or an 
                amendment between the Houses in relation to, a 
                bill, upon a point of order being made by any 
                Senator pursuant to this subsection, and such 
                point of order being sustained, such material 
                contained in such conference report shall be 
                deemed stricken, and the Senate shall proceed 
                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. 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 
                paragraph), no further amendment shall be in 
                order.
            (6) Criteria.--
                    (A) In general.--For purposes of this 
                subsection, any provision is an emergency 
                requirement if the situation addressed by such 
                provision is--
                            (i) necessary, essential, or vital 
                        (not merely useful or beneficial);
                            (ii) sudden, quickly coming into 
                        being, and not building up over time;
                            (iii) an urgent, pressing, and 
                        compelling need requiring immediate 
                        action;
                            (iv) subject to subparagraph (B), 
                        unforeseen, unpredictable, and 
                        unanticipated; and
                            (v) not permanent, temporary in 
                        nature.
                    (B) Unforeseen.--An emergency that is part 
                of an aggregate level of anticipated 
                emergencies, particularly when normally 
                estimated in advance, is not unforeseen.
            (7) Repeal.--In the Senate, section 402 of H. Con. 
        Res. 95 (109th Congress), the concurrent resolution on 
        the budget for fiscal year 2006, shall no longer apply.
    (b) House.--In the House, if any bill or joint resolution, 
or amendment offered or considered as adopted or conference 
report thereon, that makes appropriations for discretionary 
amounts, and such amounts are designated as necessary to meet 
emergency needs, then the new budget authority and outlays 
resulting therefrom shall not be counted for the purposes of 
titles III and IV of the Congressional Budget Act of 1974.

SEC. 205. EXTENSION OF ENFORCEMENT OF BUDGETARY POINTS OF ORDER IN THE 
                    SENATE.

    Notwithstanding any provision of the Congressional Budget 
Act of 1974, subsections (c)(2) and (d)(3) of section 904 of 
the Congressional Budget Act of 1974 shall remain in effect for 
purposes of Senate enforcement through September 30, 2017, and 
Section 403 of H. Con. Res. 95 (109th Congress) shall no longer 
apply in the Senate.

SEC. 206. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.

    (a) Senate.--
            (1) In general.--
                    (A) Point of order.--Except as provided in 
                paragraph (2), it shall not be in order in the 
                Senate to consider any bill, joint resolution, 
                motion, amendment, or conference report that 
                would provide an advance appropriation.
                    (B) Definition.--In this subsection, the 
                term ``advance appropriation'' means any new 
                budget authority provided in a bill or joint 
                resolution making appropriations for fiscal 
                year 2008 that first becomes available for any 
                fiscal year after 2008, or any new budget 
                authority provided in a bill or joint 
                resolution making general appropriations or 
                continuing appropriations for fiscal year 2009, 
                that first becomes available for any fiscal 
                year after 2009.
            (2) Exceptions.--Advance appropriations may be 
        provided--
                    (A) for fiscal years 2009 and 2010 for 
                programs, projects, activities, or accounts 
                identified in the joint explanatory statement 
                of managers accompanying this resolution under 
                the heading ``Accounts Identified for Advance 
                Appropriations'' in an aggregate amount not to 
                exceed $25,158,000,000 in new budget authority 
                in each year; and
                    (B) for the Corporation for Public 
                Broadcasting.
            (3) Supermajority waiver and appeal.--
                    (A) Waiver.--In the Senate, paragraph (1) 
                may be waived or suspended only by an 
                affirmative vote of three-fifths of the 
                Members, duly chosen and sworn.
                    (B) Appeal.--An affirmative vote of three-
                fifths of the Members of the Senate, duly 
                chosen and sworn, shall be required to sustain 
                an appeal of the ruling of the Chair on a point 
                of order raised under paragraph (1).
            (4) Form of point of order.--A point of order under 
        paragraph (1) may be raised by a Senator as provided in 
        section 313(e) of the Congressional Budget Act of 1974.
            (5) Conference reports.--When the Senate is 
        considering a conference report on, or an amendment 
        between the Houses in relation to, a bill, upon a point 
        of order being made by any Senator pursuant to this 
        subsection, and such point of order being sustained, 
        such material contained in such conference report shall 
        be deemed stricken, and the Senate shall proceed 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. 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.
            (6) Repeal.--In the Senate, section 401 of H. Con. 
        Res. 95 (109th Congress), the concurrent resolution on 
        the budget for fiscal year 2006, shall no longer apply.
    (b) House.--
            (1) In general.--In the House, except as provided 
        in paragraph (2), a bill or joint resolution making a 
        general appropriation or continuing appropriation, or 
        an amendment thereto may not provide for advance 
        appropriations.
            (2) Advance appropriation.--In the House, an 
        advance appropriation may be provided for fiscal year 
        2009 or 2010 for programs, projects, activities, or 
        accounts identified in the joint explanatory statement 
        of managers accompanying this resolution under the 
        heading ``Accounts Identified for Advance 
        Appropriations'' in an aggregate amount not to exceed 
        $25,558,000,000 in new budget authority.
            (3) Definition.--In this subsection, the term 
        ``advance appropriation'' means any new discretionary 
        budget authority provided in a bill or joint resolution 
        making general appropriations or any new discretionary 
        budget authority provided in a bill or joint resolution 
        continuing appropriations for fiscal year 2008 that 
        first becomes available for any fiscal year after 2008.

SEC. 207. DISCRETIONARY SPENDING LIMITS, PROGRAM INTEGRITY INITIATIVES, 
                    AND OTHER ADJUSTMENTS.

    [Omitted]

SEC. 208. APPLICATION OF PREVIOUS ALLOCATIONS IN THE SENATE.

    Section 7035 of Public Law 109-234 shall no longer apply in 
the Senate.

SEC. 209. SENATE POINT OF ORDER AGAINST PROVISIONS OF APPROPRIATIONS 
                    LEGISLATION THAT CONSTITUTE CHANGES IN MANDATORY 
                    PROGRAMS WITH NET COSTS.

    (a) In General.--In the Senate, it shall not be in order to 
consider any appropriations legislation, including any 
amendment thereto, motion in relation thereto, or conference 
report thereon, that includes any provision which constitutes a 
change in a mandatory program producing net costs, as defined 
in subsection (b), that would have been estimated as affecting 
direct spending or receipts under section 252 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (as in effect 
prior to September 30, 2002) were they included in legislation 
other than appropriations legislation. A point of order 
pursuant to this section shall be raised against such provision 
or provisions as described in subsections (e) and (f).
    (b) Changes in Mandatory Programs Producing Net Costs.--A 
provision or provisions shall be subject to a point of order 
pursuant to this section if--
            (1) the provision would increase budget authority 
        in at least 1 of the 9 fiscal years that follow the 
        budget year and over the period of the total of the 
        budget year and the 9 fiscal years following the budget 
        year;
            (2) the provision would increase net outlays over 
        the period of the total of the 9 fiscal years following 
        the budget year; and
            (3) the sum total of all changes in mandatory 
        programs in the legislation would increase net outlays 
        as measured over the period of the total of the 9 
        fiscal years following the budget year.
    (c) Determination.--The determination of whether a 
provision is subject to a point of order pursuant to this 
section shall be made by the Committee on the Budget of the 
Senate.
    (d) Supermajority Waiver and Appeal.--This section may be 
waived or suspended in the Senate only by an affirmative vote 
of three-fifths of the Members, duly chosen and sworn. An 
affirmative vote of three-fifths of the Members of the Senate, 
duly chosen and sworn, shall be required to sustain an appeal 
of the ruling of the Chair on a point of order raised under 
this section.
    (e) General Point of Order.--It shall be in order for a 
Senator to raise a single point of order that several 
provisions of a bill, resolution, amendment, motion, or 
conference report violate this section. The Presiding Officer 
may sustain the point of order as to some or all of the 
provisions against which the Senator raised the point of order. 
If the Presiding Officer so sustains the point of order as to 
some of the provisions (including provisions of an amendment, 
motion, or conference report) against which the Senator raised 
the point of order, then only those provisions (including 
provision of an amendment, motion, or conference report) 
against which the Presiding Officer sustains the point of order 
shall be deemed stricken pursuant to this section. Before the 
Presiding Officer rules on such a point of order, any Senator 
may move to waive such a point of order as it applies to some 
or all of the provisions against which the point of order was 
raised. Such a motion to waive is amendable in accordance with 
rules and precedents of the Senate. After the Presiding Officer 
rules on such a point of order, any Senator may appeal the 
ruling of the Presiding Officer on such a point of order as it 
applies to some or all of the provisions on which the Presiding 
Officer ruled.
    (f) Form of the Point of Order.--When the Senate is 
considering a conference report on, or an amendment between the 
Houses in relation to, a bill, upon a point of order being made 
by any Senator pursuant to this section, and such point of 
order being sustained, such material contained in such 
conference report or amendment shall be deemed stricken, and 
the Senate shall proceed 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 shall be debatable. 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.
    (g) Effectiveness.--This section shall not apply to--
            (1) legislation making supplemental appropriations 
        for fiscal year 2007; and
            (2) any provision constituting a change in a 
        mandatory program in appropriations legislation if such 
        provision has been enacted in each of the 3 fiscal 
        years prior to the budget year.
          * * * * * * *
                    S. CON. RES. 70, 110TH CONGRESS

                     Title III--Budget Enforcement

                Subtitle A--House Enforcement Provisions

SEC. 301. PROGRAM INTEGRITY INITIATIVES AND OTHER ADJUSTMENTS.

    [Omitted]

SEC. 302. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.

    [Omitted]

                     Senate Enforcement Provisions

SEC. 311. SENATE POINT OF ORDER AGAINST LEGISLATION INCREASING LONG-
                    TERM DEFICITS.

    (a) Congressional Budget Office Analysis of Proposals.--The 
Director of the Congressional Budget Office shall, to the 
extent practicable, prepare for each bill and joint resolution 
reported from committee (except measures within the 
jurisdiction of the Committee on Appropriations), and 
amendments thereto and conference reports thereon, an estimate 
of whether the measure would cause, relative to current law, a 
net increase in deficits in excess of $5,000,000,000 in any of 
the 4 consecutive 10-year periods beginning with the first 
fiscal year that is 10 years after the budget year provided for 
in the most recently adopted concurrent resolution on the 
budget.
    (b) Point of Order.--It shall not be in order in the Senate 
to consider any bill, joint resolution, amendment, motion, or 
conference report that would cause a net increase in deficits 
in excess of $5,000,000,000 in any of the 4 consecutive 10-year 
periods described in subsection (a).
    (c) Supermajority Waiver and Appeal in the Senate.--
            (1) Waiver.--This section may be waived or 
        suspended only by the affirmative vote of three-fifths 
        of the Members, duly chosen and sworn.
            (2) Appeal.--An affirmative vote of three-fifths of 
        the Members, duly chosen and sworn, shall be required 
        to sustain an appeal of the ruling of the Chair on a 
        point of order raised under this section.
    (d) Determinations of Budget Levels.--For purposes of this 
section, the levels of net deficit increases shall be 
determined on the basis of estimates provided by the Senate 
Committee on the Budget.
    (e) Sunset.--This section shall expire on September 30, 
2017.
    (f) Repeal.--In the Senate, subsections (a) through (d) and 
subsection (f) of section 203 of S. Con. Res. 21 (110th 
Congress) shall no longer apply.

SEC. 312. DISCRETIONARY SPENDING LIMITS, PROGRAM INITIATIVES, AND OTHER 
                    ADJUSTMENTS.

    [Omitted]

SEC. 313. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.

    [Omitted]

SEC. 314. SENATE POINT OF ORDER AGAINST PROVISIONS OF APPROPRIATIONS 
                    LEGISLATION THAT CONSTITUTE CHANGES IN MANDATORY 
                    PROGRAMS WITH NET COSTS.

    (a) In General.--In the Senate, it shall not be in order to 
consider any appropriations legislation, including any 
amendment thereto, motion in relation thereto, or conference 
report thereon, that includes any provision which constitutes a 
change in a mandatory program producing net costs, as defined 
in subsection (b), that would have been estimated as affecting 
direct spending or receipts under section 252 of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (as in effect 
prior to September 30, 2002) were they included in legislation 
other than appropriations legislation. A point of order 
pursuant to this section shall be raised against such provision 
or provisions as described in subsections (e) and (f).
    (b) Changes in Mandatory Programs Producing Net Costs.--A 
provision or provisions shall be subject to a point of order 
pursuant to this section if--
            (1) the provision would increase budget authority 
        in at least 1 of the 9 fiscal years that follow the 
        budget year and over the period of the total of the 
        budget year and the 9 fiscal years following the budget 
        year;
            (2) the provision would increase net outlays over 
        the period of the total of the 9 fiscal years following 
        the budget year; and
            (3) the sum total of all changes in mandatory 
        programs in the legislation would increase net outlays 
        as measured over the period of the total of the 9 
        fiscal years following the budget year.
    (c) Determination.--The determination of whether a 
provision is subject to a point of order pursuant to this 
section shall be made by the Committee on the Budget of the 
Senate.
    (d) Supermajority Waiver and Appeal.--This section may be 
waived or suspended in the Senate only by an affirmative vote 
of three-fifths of the Members, duly chosen and sworn. An 
affirmative vote of three-fifths of the Members of the Senate, 
duly chosen and sworn, shall be required to sustain an appeal 
of the ruling of the Chair on a point of order raised under 
this section.
    (e) General Point of Order.--It shall be in order for a 
Senator to raise a single point of order that several 
provisions of a bill, resolution, amendment, motion, or 
conference report violate this section. The Presiding Officer 
may sustain the point of order as to some or all of the 
provisions against which the Senator raised the point of order. 
If the Presiding Officer so sustains the point of order as to 
some of the provisions (including provisions of an amendment, 
motion, or conference report) against which the Senator raised 
the point of order, then only those provisions (including 
provision of an amendment, motion, or conference report) 
against which the Presiding Officer sustains the point of order 
shall be deemed stricken pursuant to this section. Before the 
Presiding Officer rules on such a point of order, any Senator 
may move to waive such a point of order as it applies to some 
or all of the provisions against which the point of order was 
raised. Such a motion to waive is amendable in accordance with 
rules and precedents of the Senate. After the Presiding Officer 
rules on such a point of order, any Senator may appeal the 
ruling of the Presiding Officer on such a point of order as it 
applies to some or all of the provisions on which the Presiding 
Officer ruled.
    (f) Form of the Point of Order.--When the Senate is 
considering a conference report on, or an amendment between the 
Houses in relation to, a bill, upon a point of order being made 
by any Senator pursuant to this section, and such point of 
order being sustained, such material contained in such 
conference report or amendment shall be deemed stricken, and 
the Senate shall proceed 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 shall be debatable. 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.
    (g) Effectiveness.--This section shall not apply to any 
provision constituting a change in a mandatory program in 
appropriations legislation if such provision has been enacted 
in each of the 3 fiscal years prior to the budget year.
    (h) Inapplicability.--In the Senate, section 209 of S. Con. 
Res. 21 (110th Congress) shall no longer apply.

                    S. CON. RES. 13, 111TH CONGRESS

          * * * * * * *

                        Title IV--Budget Process

                     Subtitle A--Senate Provisions

                       part i--budget enforcement

SEC. 401. DISCRETIONARY SPENDING LIMITS, PROGRAM INTEGRITY INITIATIVES, 
                    AND OTHER ADJUSTMENTS.

    [Omitted]

SEC. 402. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.

    [Omitted]

SEC. 403. EMERGENCY LEGISLATION.\97\

    (a) Authority to Designate.--In the Senate, with respect to 
a provision of direct spending or receipts legislation or 
appropriations for discretionary accounts that Congress 
designates as an emergency requirement in such measure, the 
amounts of new budget authority, outlays, and receipts in all 
fiscal years resulting from that provision shall be treated as 
an emergency requirement for the purpose of this section.
---------------------------------------------------------------------------
    \97\ This emergency designation does apply to spending as 
established by the limits set forth in the Budget Control Act of 2011--
which amended the Balanced Budget and Emergency Control Act of 1985.
---------------------------------------------------------------------------
    (b) Exemption of Emergency Provisions.--Any new budget 
authority, outlays, and receipts resulting from any provision 
designated as an emergency requirement, pursuant to this 
section, in any bill, joint resolution, amendment, or 
conference report shall not count for purposes of sections 302 
and 311 of the Congressional Budget Act of 1974, section 201 of 
S. Con. Res. 21 (110th Congress) (relating to pay-as-you-go), 
section 311 of S. Con. Res. 70 (110th Congress) (relating to 
long-term deficits), and sections 401 and 404 of this 
resolution (relating to discretionary spending and shortterm 
deficits). Designated emergency provisions shall not count for 
the purpose of revising allocations, aggregates, or other 
levels pursuant to procedures established under section 
301(b)(7) of the Congressional Budget Act of 1974 for deficit-
neutral reserve funds and revising discretionary spending 
limits set pursuant to section 301 of this resolution.
    (c) Designations.--If a provision of legislation is 
designated as an emergency requirement under this section, the 
committee report and any statement of managers accompanying 
that legislation shall include an explanation of the manner in 
which the provision meets the criteria in subsection (f).
    (d) Definitions.--In this section, the terms ``direct 
spending'', ``receipts'', and ``appropriations for 
discretionary accounts'' mean any provision of a bill, joint 
resolution, amendment, motion, or conference report that 
affects direct spending, receipts, or appropriations
    as those terms have been defined and interpreted for 
purposes of the Balanced Budget and Emergency Deficit Control 
Act of 1985.
    (e) Point of Order.--
            (1) In General.--When the Senate is considering a 
        bill, resolution, amendment, motion, or conference 
        report, if a point of order is made by a Senator 
        against an emergency designation in that measure, that 
        provision making such a designation shall be stricken 
        from the measure and may not be offered as an amendment 
        from the floor.
            (2) Supermajority Waiver and Appeals.--
                    (A) Waiver.--Paragraph (1) may be waived or 
                suspended in the Senate only by an affirmative 
                vote of threefifths of the Members, duly chosen 
                and sworn.
                    (B) Appeals.--Appeals in the Senate from 
                the decisions of the Chair relating to any 
                provision of this subsection shall be limited 
                to 1 hour, to be equally divided between, and 
                controlled by, the appellant and the manager of 
                the bill or joint resolution, as the case may 
                be. An affirmative vote of three-fifths of the 
                Members of the Senate, duly chosen and sworn, 
                shall be required to sustain an appeal S. Con. 
                Res. 13-33 of the ruling of the Chair on a 
                point of order raised under this subsection.
            (3) Definition of an Emergency Designation.--For 
        purposes of paragraph (1), a provision shall be 
        considered an emergency designation if it designates 
        any item as an emergency requirement pursuant to this 
        subsection.
            (4) Form of the Point of Order.--A point of order 
        under paragraph (1) may be raised by a Senator as 
        provided in section 313(e) of the Congressional Budget 
        Act of 1974.
            (5) Conference Reports.--When the Senate is 
        considering a conference report on, or an amendment 
        between the Houses in relation to, a bill, upon a point 
        of order being made by any Senator pursuant to this 
        section, and such point of order being sustained, such 
        material contained in such conference report shall be 
        deemed stricken, and the Senate shall proceed 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. 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.
    (f) Criteria.--
            (1) In General.--For purposes of this section, any 
        provision is an emergency requirement if the situation 
        addressed by such provision is--
                    (A) necessary, essential, or vital (not 
                merely useful or beneficial);
                    (B) sudden, quickly coming into being, and 
                not building up over time;
                    (C) an urgent, pressing, and compelling 
                need requiring immediate action;
                    (D) subject to paragraph (2), unforeseen, 
                unpredictable, and unanticipated; and
                    (E) not permanent, temporary in nature.
            (2) Unforeseen.--An emergency that is part of an 
        aggregate level of anticipated emergencies, 
        particularly when normally estimated in advance, is not 
        unforeseen.
    (g) Inapplicability.--In the Senate, section 204(a) of S. 
Con. Res. 21 (110th Congress), the concurrent resolution on the 
budget for fiscal year 2008, shall no longer apply.

SEC. 404. POINT OF ORDER AGAINST LEGISLATION INCREASING SHORT-TERM 
                    DEFICIT.

    (a) Point of Order.--It shall not be in order in the Senate 
to consider any bill, joint resolution, amendment, motion, or 
conference report (except measures within the jurisdiction of 
the Committee on Appropriations) that would cause a net 
increase in the deficit in excess of $10,000,000,000 in any 
fiscal year provided for in the most recently adopted 
concurrent resolution on the budget unless it is fully offset 
over the period of all fiscal years provided for in the most 
recently adopted concurrent resolution on the budget.
    (b) Supermajority Waiver and Appeal in the Senate.--S. Con. 
Res. 13-34--
            (1) Waiver.--This section may be waived or 
        suspended only by the affirmative vote of three-fifths 
        of the Members, duly chosen and sworn.
            (2) Appeal.--An affirmative vote of three-fifths of 
        the Members, duly chosen and sworn, shall be required 
        to sustain an appeal of the ruling of the Chair on a 
        point of order raised under this section.
    (c) Limitation.--The provisions of this section shall not 
apply to any bills, joint resolutions, amendments, motions, or 
conference reports for which the chairman of the Senate 
Committee on the Budget has made adjustments to the 
allocations, levels or limits contained in this resolution 
pursuant to Section 301(a) of this resolution.
    (d) Determinations of Budget Levels.--For purposes of this 
section, the levels shall be determined on the basis of 
estimates provided by the Senate Committee on the Budget.
    (e) Sunset.--This section shall expire on September 30, 
2018.
    (f) Inapplicability.--In the Senate, section 315 of S. Con. 
Res. 70 (110th Congress), the concurrent resolution in the 
budget for fiscal year 2009, shall no longer apply.

SEC. 405. POINT OF ORDER AGAINST CERTAIN LEGISLATION RELATED TO SURFACE 
                    TRANSPORTATION FUNDING.

    (a) Point of Order.--It shall not be in order in the Senate 
to consider any bill, joint resolution, amendment, motion, or 
conference report that extends the authority or reauthorizes 
surface transportation programs that appropriates budget 
authority from sources other than the Highway Trust Fund, 
including the Mass Transit Account of such fund.
    (b) Supermajority Waiver and Appeals in the Senate.--
            (1) Waiver.--This section may be waived or 
        suspended only by an affirmative vote of three-fifths 
        of the Members, duly chosen and sworn.
            (2) Appeals.--An affirmative vote of three-fifths 
        of the Members of the Senate, duly chosen and sworn, 
        shall be required to sustain an appeal of the ruling of 
        the Chair on a point of order raised under this 
        section.
    (c) Sunset.--This section shall expire on September 30, 
2018.

SEC. 411. OVERSIGHT OF GOVERNMENT PERFORMANCE.

    In the Senate, all committees are directed to review 
programs within their jurisdiction to root out waste, fraud, 
and abuse in program spending, giving particular scrutiny to 
issues raised by Government Accountability Office reports. 
Based on these oversight efforts and committee performance 
reviews of programs within their jurisdiction, committees are 
directed to include recommendations for improved governmental 
performance in their annual views and estimates reports 
required under section 301(d) of the Congressional Budget Act 
of 1974 to the Senate Committee on the Budget.

SEC. 412. BUDGETARY TREATMENT OF CERTAIN DISCRETIONARY ADMINISTRATIVE 
                    EXPENSES.

    In the Senate, notwithstanding section 302(a)(1) of the 
Congressional Budget Act of 1974, section 13301 of the Budget 
Enforcement Act of 1990, and section 2009a of title 39, United 
States Code, the joint explanatory statement accompanying the 
conference report S. Con. Res. 13--35 on any concurrent 
resolution on the budget shall include in its allocations under 
section 302(a) of the Congressional Budget Act of 1974 to the 
Senate Committee on Appropriation amounts for the discretionary 
administrative expenses of the Social Security Administration 
and of the Postal Service.

SEC. 413. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS AND 
                    AGGREGATES.

    (a) Application.--In the Senate, any adjustments of 
allocations and aggregates made pursuant to this resolution 
shall--
            (1) apply while that measure is under 
        consideration;
            (2) take effect upon the enactment of that measure; 
        and
            (3) be published in the Congressional Record as 
        soon as practicable.
    (b) Effect of Changed Allocations and Aggregates.--
    Revised allocations and aggregates resulting from these 
adjustments shall be considered for the purposes of the 
Congressional Budget Act of 1974 as allocations and aggregates 
contained in this resolution.
    (c) Budget Committee Determinations.--For purposes of this 
resolution the levels of new budget authority, outlays, direct 
spending, new entitlement authority, revenues, deficits, and 
surpluses for a fiscal year or period of fiscal years shall be 
determined on the basis of estimates made by the Senate 
Committee on the Budget.
    (d) Adjustments.--The chairman of the Senate Committee on 
the Budget may adjust the aggregates, allocations, and other 
levels and limits in this resolution for legislation which has 
received final Congressional approval in the same form by the 
House of Representatives and the Senate, but has yet to be 
presented to or signed by the President at the time of final 
consideration of this resolution.

SEC. 414. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND DEFINITIONS.

    Upon the enactment of a bill or joint resolution providing 
for a change in concepts or definitions, the chairman of the 
Senate Committee on the Budget may make adjustments to the 
levels and allocations in this resolution in accordance with 
section 251(b) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (as in effect prior to September 30, 2002).

SEC. 415. EXERCISE OF RULEMAKING POWERS.

    The Senate adopts the provisions of this subtitle--
            (1) as an exercise of the rulemaking power of the 
        Senate, and as such they shall be considered as part of 
        the rules of the Senate and such rules shall supersede 
        other rules only to the extent that they are 
        inconsistent with such other rules; and
            (2) with full recognition of the constitutional 
        right of the Senate to change those rules at any time, 
        in the same manner, and to the same extent as is the 
        case of any other rule of the Senate.

           BUDGET CONTROL ACT OF 2011 (Public Law 112-25)\98\
---------------------------------------------------------------------------

    \98\ The Budget Control Act of 2011 in its entirety may be found in 
the compilation beginning on page 169.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 106. SENATE BUDGET ENFORCEMENT.

    (a) In General.--
            (1) For the purpose of enforcing the Congressional 
        Budget Act of 1974 through April 15, 2012, including 
        section 300 of that Act, and enforcing budgetary points 
        of order in prior concurrent resolutions on the budget, 
        the allocations, aggregates, and levels set in 
        subsection (b)(1) shall apply in the Senate in the same 
        manner as for a concurrent resolution on the budget for 
        fiscal year 2012 with appropriate budgetary levels for 
        fiscal years 2011 and 2013 through 2021.
            (2) For the purpose of enforcing the Congressional 
        Budget Act of 1974 after April 15, 2012, including 
        section 300 of that Act, and enforcing budgetary points 
        of order in prior concurrent resolutions on the budget, 
        the allocations, aggregates, and levels set in 
        subsection (b)(2) shall apply in the Senate in the same 
        manner as for a concurrent resolution on the budget for 
        fiscal year 2013 with appropriate budgetary levels for 
        fiscal years 2012 and 2014 through 2022.
    (b) committee Allocations, Aggregates, and Levels.--
            (1) As soon as practicable after the date of 
        enactment of this section, the Chairman of the 
        Committee on the Budget shall file--
                    (A) for the Committee on Appropriations, 
                committee allocations for fiscal years 2011 and 
                2012 consistent with the discretionary spending 
                limits set forth in this Act for the purpose of 
                enforcing section 302 of the Congressional 
                Budget Act of 1974;
                    (B) for all committees other than the 
                Committee on Appropriations, committee 
                allocations for fiscal years 2011, 2012, 2012 
                through 2016, and 2012 through 2021 consistent 
                with the Congressional Budget Office's March 
                2011 baseline adjusted to account for the 
                budgetary effects of this Act and legislation 
                enacted prior to this Act but not included in 
                the Congressional Budget Office's March 2011 
                baseline, for the purpose of enforcing section 
                302 of the Congressional Budget Act of 1974;
                    (C) aggregate spending levels for fiscal 
                years 2011 and 2012 and aggregate revenue 
                levels for fiscal years 2011, 2012, 2012 
                through 2016, 2012 through 2021 consistent with 
                the Congressional Budget Office's March 2011 
                baseline adjusted to account for the budgetary 
                effects of this Act and legislation enacted 
                prior to this Act but not included in the 
                Congressional Budget Office's March 2011 
                baseline, and the discretionary spending limits 
                set forth in this Act for the purpose of 
                enforcing section 311 of the Congressional 
                Budget Act of 1974; and
                    (D) levels of Social Security revenues and 
                outlays for fiscal years 2011, 2012, 2012 
                through 2016, and 2012 through 2021 consistent 
                with the Congressional Budget Office's March 
                2011 base line adjusted to account for the 
                budgetary effects of this Act and legislation 
                enacted prior to this Act but not included in 
                the Congressional Budget Office's March 2011 
                baseline, for the purpose of enforcing sections 
                302 and 311 of the Congressional Budget Act of 
                1974.
            (2) Not later than April 15, 2012, the Chairman 12 
        of the Committee on the Budget shall file--
                    (A) for the Committee on Appropriations, 
                committee allocations for fiscal years 2012 and 
                2013 consistent with the discretionary spending 
                limits set forth in this Act for the purpose of 
                enforcing section 302 of the Congressional 
                Budget Act of 1974;
                    (B) for all committees other than the 
                Committee on Appropriations, committee 
                allocations for fiscal years 2012, 2013, 2013 
                through 2017, and 2013 through 2022 consistent 
                with the Congressional Budget Office's March 
                2012 baseline for the purpose of enforcing 
                section 302 of the Congressional Budget Act of 
                1974;
                    (C) aggregate spending levels for fiscal 
                years 2012 and 2013 and aggregate revenue 
                levels for fiscal years 2012, 2013, 2013--2017, 
                and 2013--2022 consistent with the 
                Congressional Budget Office's March 2012 
                baseline and the discretionary spending limits 
                set forth in this Act for the purpose of 
                enforcing section 311 of the Congressional 
                Budget Act of 1974; and
                    (D) levels of Social Security revenues and 
                outlays for fiscal years 2012 and 2013, 2013--
                2017, and 2013--2022 consistent with the 
                Congressional Budget Office's March 2012 
                baseline budget for the purpose of enforcing 
                sections 302 and 311 of the Congressional 
                Budget Act of 1974.
    (c) Senate Pay-As-You-Go Scorecard.--
            (1) Effective on the date of enactment of this 
        section, for the purpose of enforcing section 201 of S. 
        Con. Res. 21 (110th Congress), the Chairman of the 
        Senate Committee on the Budget shall reduce any 
        balances of direct spending and revenues for any fiscal 
        year to 0 (zero).
            (2) Not later than April 15, 2012, for the purpose 
        of enforcing section 201 of S. Con. Res. 21 (110th 
        Congress), the Chairman of the Senate Committee on the 
        Budget shall reduce any balances of direct spending and 
        revenues for any fiscal year to 0 (zero).
            (3) Upon resetting the Senate paygo scorecard 
        pursuant to paragraph (2), the Chairman shall publish a 
        notification of such action in the Congressional 
        Record.
    (d) Further Adjustments.--
            (1) The Chairman of the Committee on the Budget of 
        the Senate may revise any allocations, aggregates, or 
        levels set pursuant to this section to account for any 
        subsequent adjustments to discretionary spending limits 
        made pursuant to this Act.
            (2) With respect to any allocations, aggregates, or 
        levels set or adjustments made pursuant to this 
        section, sections 412 through 414 of S. Con. Res. 13 
        (111th Congress) shall remain in effect.
    (e) Expiration.--
            (1) Subsections (a)(1), (b)(1), and (c)(1) shall 
        expire if a concurrent resolution on the budget for 
        fiscal year 2012 is agreed to by the Senate and House 
        of Representatives pursuant to section 301 of the 
        Congressional Budget Act of 1974.
            (2) Subsections (a)(2), (b)(2), and (c)(2) shall 
        expire if a concurrent resolution on the budget for 
        fiscal year 2013 is agreed to by the Senate and House 
        of Representatives pursuant to section 301 of the 
        Congressional Budget Act of 1974.
    

======================================================================


              JURISDICTION OF THE COMMITTEE ON THE BUDGET
                    OF THE HOUSE OF REPRESENTATIVES

======================================================================


              JURISDICTION OF HOUSE BUDGET COMMITTEE \99\
---------------------------------------------------------------------------

    \99\ In addition to clauses 1(e), 3(b), and 4(b) of Rule X of the 
Rules of the House of Representatives, the referral of legislation 
affecting the budget process is discussed in the Memorandum of 
Understanding as set forth on page H45 of the Congressional Record on 
January 4, 1995, and in a statement by Majority Leader Richard Armey on 
page E6 of the Congressional Record on January 5, 1995.

                                 RULE X

                      Organization of Committees.

Committees and their legislative jurisdictions
    1. There shall be in the House the following standing 
committees, each of which shall have the jurisdiction and 
related functions assigned by this clause and clauses 2, 3, and 
4. All bills, resolutions, and other matters relating to 
subjects within the jurisdiction of the standing committees 
listed in this clause shall be referred to those committees, in 
accordance with clause 2 of rule XII, as follows:
          * * * * * * *

    (e) Committee on the Budget.
            (1) Concurrent resolutions on the budget (as 
        defined in section 3(4) of the Congressional Budget Act 
        of 1974), other matters required to be referred to the 
        committee under titles III and IV of that Act, and 
        other measures setting forth appropriate levels of 
        budget totals for the United States Government.
            (2) Budget process generally.
            (3) Establishment, extension, and enforcement of 
        special controls over the Federal budget, including the 
        budgetary treatment of off-budget Federal agencies and 
        measures providing exemption from reduction under any 
        order issued under part C of the Balanced Budget and 
        Emergency Deficit Control Act of 1985.
          * * * * * * *

Special oversight functions
    3. (a) * * *
    (b) The Committee on the Budget shall study on a continuing 
basis the effect on budget outlays of relevant existing and 
proposed legislation and report the results of such studies to 
the House on a recurring basis.
          * * * * * * *

Additional functions of committees
    4. (a) * * *
    (b) The Committee on the Budget shall--
            (1) review on a continuing basis the conduct by the 
        Congressional Budget Office of its functions and 
        duties;
            (2) hold hearings and receive testimony from 
        Members, Senators, Delegates, the Resident 
        Commissioner, and such appropriate representatives of 
        Federal departments and agencies, the general public, 
        and national organizations as it considers desirable in 
        developing concurrent resolutions on the budget for 
        each fiscal year;
            (3) make all reports required of it by the 
        Congressional Budget Act of 1974;
            (4) study on a continuing basis those provisions of 
        law that exempt Federal agencies or any of their 
        activities or outlays from inclusion in the Budget of 
        the United States Government, and report to the House 
        from time to time its recommendations for terminating 
        or modifying such provisions;
            (5) study on a continuing basis proposals designed 
        to improve and facilitate the congressional budget 
        process, and report to the House from time to time the 
        results of such studies, together with its 
        recommendations; and
            (6) request and evaluate continuing studies of tax 
        expenditures, devise methods of coordinating tax 
        expenditures, policies, and programs with direct budget 
        outlays, and report the results of such studies to the 
        House on a recurring basis.
          * * * * * * *
                        jurisdiction: in general
    Prior to the 104th Congress, the Budget Committee did not 
have jurisdiction over legislation other than budget 
resolutions and reconciliation bills. Substantive jurisdiction 
was formally lodged with the Committees on Rules and Government 
Oversight and Reform, although the Budget Committee was 
unofficially responsible for drafting the original Balanced 
Budget and Emergency Deficit Control Act of 1985 and amendments 
to both that Act and the Congressional Budget Act of 1974.
    With the adoption of the Rules of the House of 
Representatives for the 104th Congress (H. Res. 6) on January 
5, 1995, the Budget Committee achieved for the first time 
legislative jurisdiction over major elements of the 
congressional budget process and various statutory controls 
over the Federal budget. The pertinent sections of clause 1(d) 
read as follows:

            (2) * * * other measures setting forth appropriate 
        levels of budget totals for the United States 
        Government.
            (3) Measures relating to the congressional budget 
        process, generally.
            (4) Measures relating to the establishment, 
        extension, and enforcement of special controls over the 
        Federal budget, including the budgetary treatment of 
        off-budget Federal agencies and measures providing 
        exemption form reduction under any order issued under 
        part C of the Balanced Budget and Emergency Deficit 
        Control Act of 1985.

    The addition to (d)(2) was intended to ensure that the 
Budget Committee have substantive jurisdiction over any 
statement providing for a balanced budget required under the 
proposed amendment to the U.S. Constitution amendment. The 
proposed amendment, which passed the House but failed to 
achieve the necessary margin in the Senate, envisioned a 
legislative vehicle other than the concurrent budget resolution 
which would be presented to the President.
    The intent of paragraph (d)(3) was discussed in a 
memorandum of understanding between Mr. Kasich and Mr. Solomon, 
the chairman of the Committee on Rules. The memorandum states 
that the Budget Committee would have primary jurisdiction over 
budget terminology and the discretionary spending limits. The 
memorandum provided that the Budget Committee was to have 
secondary jurisdiction over such other elements of the 
congressional budget process. Essentially, the Budget Committee 
has primary jurisdiction over both budgetary levels and 
budgetary concepts and secondary jurisdiction over purely 
procedural aspects of the congressional budget process.
    The scope of the jurisdiction of the Committee on the 
Budget was elucidated in an agreement between Representative 
John Kasich, Chairman of the Committee on the Budget, and 
Representative William Clinger, the Chairman of the Committee 
on Government Reform and Oversight (now named the Committee on 
Oversight and Government Reform), and was inserted into the 
Congressional Record by Majority Leader Richard Armey. The 
agreement stipulated that the Budget Committee would have 
jurisdiction over the establishment, extension, and enforcement 
of mandatory and discretionary spending limits, PAYGO 
requirements, and other special budgetary mechanisms to control 
spending, the deficit, or the Federal budgets.
    Furthermore, jurisdiction over the sequestration process 
would migrate from the Government Reform and Oversight 
Committee to the Budget Committee. The agreement also 
recognized that the Government Reform and Oversight Committee 
would retain, for the duration of the 104th Congress, 
jurisdiction over certain budget process already in the 
legislative pipeline, most notably rescission authority, 
performance budgeting, regulatory budgets, and capital 
budgeting.
    In addition to its legislative duties, the Budget Committee 
has responsibilities for oversight and studies. These 
responsibilities include oversight of the Congressional Budget 
Office; study of the outlay effects of existing and proposed 
legislation; study of off-budget entities; study of tax 
expenditures; and study of proposals to improve and facilitate 
the congressional budget process.
       debate on h. res. 6, rules package for the 104th congress
                      congressional record--house
                      [page: h45--january 4, 1995]
    Mr. Armey. Mr. Speaker, this agreement addresses the intent 
of the Chairman of the Committee on the Budget and the Chairman 
of the Committee on Government Reform and Oversight concerning 
the jurisdiction of each committee over the congressional 
budget process. It is not intended to address jurisdictional 
issues involving the budget process between the Committee on 
the Budget and the Committee on Rules.
    Clause (1)(d)(2) of rule X, relating to all concurrent 
resolutions on the budget and other measures setting forth 
budget totals for the United States, affords the Budget 
Committee legislative jurisdiction over the establishment and 
adoption of the congressional budget resolution, whether joint 
or concurrent. This extends to any statement setting forth a 
balanced budget as required by an amendment to the United 
States Constitution, or a capital budget or joint/capital 
operating budget, if mandated.
    Clause (1)(d)(3) of rule X affirms the Budget Committee's 
primary jurisdiction over budget terminology and secondary 
jurisdiction over other elements of the congressional budget 
process, such as those currently provided for in the 
Congressional Budget Act. This includes: The budget resolution, 
timetable and accompanying report language; committee 
allocations; and the reconciliation process. This paragraph is 
not, however, intended to provide the Budget Committee with 
jurisdiction over the following: process changes in Federal 
rescission or impoundment authority; process changes in the 
submission of agency performance plans or reports, or agency 
regulatory plans, reports or reviews as part of the budget 
process; or process changes leading to the required adoption of 
a Federal capital budget or joint capital/operating budget 
which accounts for the fixed assets of the United States 
Government. In addition, this paragraph is not intended to 
provide the Budget Committee with jurisdiction over special 
funds, accounts or spending set asides created to reduce the 
deficit.
    Clause (1)(d)(4) of rule X is intended to provide the 
Budget Committee with jurisdiction over measures to control 
spending, the deficit, or the Federal budget. The Budget 
Committee's jurisdiction will include the establishment, 
extension and enforcement of mandatory and discretionary 
spending limits; Pay-As-You-Go requirements for legislation 
that increases the deficit; and special budgetary mechanisms to 
control spending, the deficit or the Federal budget. The Budget 
Committee will have jurisdiction over Federal sequestrations, 
including sequestration rules, special rules and exemptions. 
The Budget Committee is intended to have jurisdiction over the 
selection of programs subject to spending controls, the 
determination of the numerical level of those controls, and the 
enforcement of the controls.
    Clause (1)(g)(4) of rule X is intended to retain the 
Committee on Government Reform and Oversight's legislative 
jurisdiction over: measures relating to process changes in 
Federal rescission or impoundment authority; measures relating 
to Executive agency budgeting, including the submission of 
agency performance reports or plans, or agency regulatory 
plans, reports or reviews as part of the Federal budget 
process; measures relating to Executive agency financial 
management; and process changes leading to the required 
adoption of a Federal capital budget or joint capital/operating 
budget which accounts for the fixed assets of the United States 
Government. In addition, the Committee on Government Reform and 
Oversight retains jurisdiction over special funds, accounts and 
spending set asides created to reduce the deficit.
                      memorandum of understanding

           Committee on the Budget and the Committee on Rules

                          Hon. John R. Kasich

                           (extension of remarks)
                              [page: e36]

                       Wednesday, January 4, 1995

    Mr. Kasich. Mr. Speaker, I rise in support of the Rules 
package and wish to take this opportunity to thank my 
colleagues on the Committee on Rules and the Committee on 
Oversight and Reform for their cooperation in providing the 
Committee on the Budget legislative jurisdiction in the area of 
the budget process reform. I submit today the following 
Memorandum of Understanding between the distinguished chairman 
of the Committee on Rules, Gerald B.H. Solomon, and I on the 
intent of subparagraph (1)(d)(3) as it pertains to the 
Committee on Rules and the Committee on the Budget. The 
distinguished chairman of the Committee on Government Reform, 
and Oversight, William F. Clinger, shall submit a similar 
Memorandum of Understanding on budget process reform as it 
pertains to the Committee on Government Reform and Oversight 
and the Committee on the Budget.

                                  House of Representatives,
                                                    Washington, DC.

    This statement addresses the intent of subparagraph 
(1)(d)(3) as it pertains to the Committee on the Budget and the 
Committee on Rules.
    Subparagraph (1)(d)(3) relating to the Congressional Budget 
process is intended to provide the Committee on the Budget 
primary jurisdiction over budgetary terminology and the 
discretionary spending limits that are set forth in the 
Congressional Budget Act. It is also understood that the 
Committee on the Budget shall have secondary jurisdiction over 
the other elements of the Congressional budget process that are 
under the primary jurisdiction of the Committee on Rules. Such 
jurisdiction shall include the budget timetable, the budget 
resolution and its report, committee allocations, the 
reconciliation process, and related enforcement procedures. It 
is understood that the Committee on Rules will remain the 
Committee of primary jurisdiction over all aspects of the 
Congressional budget process that are within the joint rule-
making authority of Congress except for budgetary terminology 
and the discretionary spending limits.
                             Gerald B.H. Solomon, Chairman,
                                                Committee on Rules.
                                  John R. Kasich, Chairman,
                                           Committee on the Budget.
    

======================================================================


              JURISDICTION OF THE COMMITTEE ON THE BUDGET
                      OF THE UNITED STATES SENATE

======================================================================


                JURISDICTION OF SENATE BUDGET COMMITTEE

    The jurisdiction of the Committee on the Budget of the 
Senate is established under congressional rules, a long-
standing unanimous consent agreement, and S.Res.445 (108th 
Congress).

                           S. RES. 445 \100\

SEC. 101. (A) * * *

    (d) Jurisdiction of Budget Committee--Notwithstanding 
paragraph (b)(3) of this section, and except as otherwise 
provided in the Congressional Budget Act of 1974, the Committee 
on the Budget shall have exclusive jurisdiction over measures 
affecting the congressional budget process, which are--
---------------------------------------------------------------------------
    \100\ Sections 101(d) and (e) of S. Res. 445 (108th Congress) 
superseded the Unanimous Consent Agreement of August 4, 1977, regarding 
legislation affecting the budget process.
---------------------------------------------------------------------------
            (1) the functions, duties, and powers of the Budget 
        Committee;
            (2) the functions, duties, and powers of the 
        Congressional Budget Office;
            (3) the process by which Congress annually 
        establishes the appropriate levels of budget authority, 
        outlays, revenues, deficits or surpluses, and public 
        debt--including subdivisions thereof--and including the 
        establishment of mandatory ceilings on spending and 
        appropriations, a floor on revenues, timetables for 
        congressional action on concurrent resolutions, on the 
        reporting of authorization bills, and on the enactment 
        of appropriation bills, and enforcement mechanisms for 
        budgetary limits and timetables;
            (4) the limiting of backdoor spending devices;
            (5) the timetables for Presidential submission of 
        appropriations and authorization requests;
            (6) the definitions of what constitutes 
        impoundment--such as `rescissions' and deferrals';
            (7) the process and determination by which 
        impoundments must be reported to and considered by 
        Congress;
            (8) the mechanisms to insure Executive compliance 
        with the provisions of the Impoundment Control Act, 
        title X--such as GAO review and lawsuits; and
            (9) the provisions which affect the content or 
        determination of amounts included in or excluded from 
        the congressional budget or the calculation of such 
        amounts, including the definition of terms provided by 
        the Budget Act.
    (e) OMB Nominees--The Committee on the Budget and the 
Committee on Homeland Security and Governmental Affairs shall 
have joint jurisdiction over the nominations of persons 
nominated by the President to fill the positions of Director 
and Deputy Director for Budget within the Office of Management 
and Budget, and if one committee votes to order reported such a 
nomination, the other must report within 30 calendar days 
session, or be automatically discharged.

                                RULE XXV

                          STANDING COMMITTEES

    1. The following standing committees shall be appointed at 
the commencement of each Congress, and shall continue and have 
the power to act until their successors are appointed, with 
leave to report by bill or otherwise on matters within their 
respective jurisdictions:
    (a) * * *
          * * * * * * *
    (e)(1) Committee on the Budget, to which committee shall be 
referred all concurrent resolutions on the budget (as defined 
in section 3(a)(4) of the Congressional Budget Act of 1974) and 
all other matters required to be referred to that committee 
under titles III and IV of that Act, and messages, petitions, 
memorials, and other matters relating thereto.
            (2) Such committee shall have the duty--
                    (A) to report the matters required to be 
                reported by it under titles III and IV of the 
                Congressional Budget Act of 1974;
                    (B) to make continuing studies of the 
                effect on budget outlays of relevant existing 
                and proposed legislation and to report the 
                results of such studies to the Senate on a 
                recurring basis;
                    (C) to request and evaluate continuing 
                studies of tax expenditures, to devise methods 
                of coordinating tax expenditures, policies, and 
                programs with direct budget outlays, and to 
                report the results of such studies to the 
                Senate on a recurring basis; and
                    (D) to review, on a continuing basis, the 
                conduct by the Congressional Budget Office of 
                its functions and duties.
          * * * * * * *
                              ----------                              


                     UNANIMOUS CONSENT AGREEMENT OF
                            JANUARY 30, 1975

    (as modified on April 11, 1986) with respect to Rescissions and 
  Deferrals (which had the effect of adopting the language of Senate 
                Resolution 45 which is set forth below):
    Resolved,
    1. That messages received pursuant to title X of the 
Congressional Budget and Impoundment Control Act be referred 
concurrently to the Appropriations Committee, to the Budget 
Committee, and to any other appropriate authorizing committee.
    2. That bills, resolutions and joint resolutions introduced 
with respect to rescissions and deferrals shall be refered to 
the Appropriations Committee, and Budget Committee, and pending 
implementations of section 401 of the Congressional Budget and 
Impoundment Control Act and subject to section 401(d), to any 
other committee exercising jurisdiction over contract and 
borrowing authority programs as defined by section 401(c)(2)(A) 
and (B). The Budget Committee and such other committees shall 
report their views, if any, to the Appropriations Committee 
within 20 days following referral of such messages, bills, 
resolutions, or joint resolutions. The Budget Committee's 
consideration shall extend only to macroeconomic implications, 
impact on priorities and aggregate spending levels, and the 
legality of the President's use of the deferral and rescission 
mechanism under title X. The Appropriations and authorizing 
committees shall exercise their normal responsibilities over 
programs and priorities.
    3. If any Committee to which a bill or resolution has been 
referred recommends its passage, the Appropriations Committee 
shall report the bill or resolution together with its views and 
reports of the Budget and any appropriate authorizing 
committees to the Senate within:
            (A) the time remaining under the act in the case of 
        rescissions, or
            (B) within 20 days in the case of deferrals.
    4. The 20 day period referred to herein means 20 calendar 
days; and for the purposes of computing the 20 days, recesses 
or adjournments of the Senate for more than 3 days, to a day 
certain shall not be counted; and for recesses and adjournments 
of more than 30 calendar days, continuous duration or the sine 
die adjournment of a session, the 20 day period shall begin 
anew on the day following the reconvening of the Senate.

    (Agreed to January 30, 1975 (94th Cong., 1st Sess.), found at page 
S1917 of the Congressional Record and as modified on April 11, 1986 
(99th Cong., 2d Sess.), found on pages S7918-19 of the Congressional 
Record.
                               __________

             UNANIMOUS CONSENT AGREEMENT OF AUGUST 4, 1977

          (regarding legislation affecting the budget process
                (the text of which is set forth below)):

    * * * [t]hat legislation affecting the congressional budget 
process, as described below, be referred jointly to the 
committees on the Budget and on Governmental Affairs. If one 
committee acts to report a jointly referred measure, the other 
must act within 30 calendar days of the continuous possession, 
or be automatically discharged.
    Legislative proposals affecting the congressional budget 
process to which this order applies are:
    First. The functions duties, and powers of the Budget 
Committee--as described in title I of the act;
    Second. The functions, duties, and powers of the 
Congressional Budget Office--as described in title II and IV of 
the act;
    Third. The process by which Congress annually establishes 
the appropriate levels of budget authority, outlays, revenues, 
deficits or surpluses, and public debt--including subdivisions 
thereof. That process includes the establishment: mandatory 
ceilings on spending and appropriations; a floor on revenues; 
timetables for congressional action on concurrent resolutions, 
on the reporting on authorization bills, and on the enactment 
of appropriation bills; and enforcement mechanisms for the 
limits and timetables, all as described in titles III and IV of 
the act.
    Fourth. The limiting of backdoor spending device--as 
described in title IV of the act;
    Fifth. The timetables for Presidential submission of 
appropriations and authorization requests--as described in 
title IV of the act;
    Sixth. The definitions of what constitutes impoundment--
such as ``rescissions'' and ``deferrals'' as provided in the 
Impoundment Control Act, title X;
    Seventh. The process and determination by which 
impoundments must be reported to and considered by Congress--as 
provided in the Impoundment Control Act, title X;
    Eighth. The mechanisms to insure Executive compliance with 
the provisions of the Impoundment Control Act, title X--such as 
GAO review and lawsuits; and
    Ninth. The provisions which affect the content or 
determination of amounts included in or excluded from the 
congressional budget or the calculation of such amounts, 
including the definition of terms provided by the Budget Act--
as set forth in title I thereof.

    (Agreed to August 4, 1977 (95th Cong., 1st Sess.), found at pages 
S26709-10 of the Congressional Record.
    

======================================================================


                              SCOREKEEPING

======================================================================


                           SCOREKEEPING \101\

    These budget scorekeeping guidelines are to be used by the 
House and Senate Budget Committees, the Congressional Budget 
Office, and the Office of Management and Budget (the 
``scorekeepers'') in measuring compliance with the 
Congressional Budget Act of 1974 (CBA), as amended, and GRH 
\102\ as amended, and Statutory Pay-go as amended and the 
Budget Control Act of 2011 as amended. The purpose of the 
guidelines is to ensure that the scorekeepers measure the 
effects of legislation on the deficit consistent with 
established scorekeeping conventions and with the specific 
requirements in those Acts regarding discretionary spending, 
direct spending, and receipts. These rules shall be reviewed 
annually by the scorekeepers and revised as necessary to adhere 
to the purpose. These rules shall not be changed unless all of 
the scorekeepers agree. New accounts or activities shall be 
classified only after consultation among the scorekeepers. 
Accounts and activities shall not be reclassified unless all of 
the scorekeepers agree.
---------------------------------------------------------------------------
    \101\ These scorekeeping guidelines are set out in the joint 
statement of managers that accompanies the Conference Report on the 
Balanced Budget Act of 1997 (House Report 105-217--Balanced Budget Act 
of 1997).
    \102\ ``GRH'' refers to the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177, December 12, 1985, 99 Stat. 
1037), also known as the Gramm-Rudman-Hollings Act.

1. Classifications of appropriations
    Following the guidelines (pages 1014-1053 of the conference 
report) \103\ is a list of appropriations that are normally 
enacted in Appropriations Acts. The list identifies 
appropriated entitlements and other mandatory spending in 
appropriations acts, and it identifies discretionary 
appropriations by category.
---------------------------------------------------------------------------
    \103\ Conference Report on the Balanced Budget Act of 1997 (Public 
Law No: 105-33).

2. Outlays prior
    Outlays from prior-year appropriations will be classified 
consistent with the discretionary mandatory classification of 
the account from which the outlays occur.

3. Direct spending programs
    Entitlements and other mandatory programs (including 
offsetting receipts) will be scored at current law levels as 
defined in section 257 of GRH, unless Congressional action 
modifies the authorization legislation. Substantive changes to 
or restrictions on entitlement law or other mandatory spending 
law in appropriations laws will be scored against the 
Appropriations Committee section 302(b) allocations in the 
House and the Senate. For the purpose of CBA \104\ scoring, 
direct spending savings that are included in both an 
appropriation bill and a reconciliation bill will be scored to 
the reconciliation bill and not to the appropriation bill. For 
scoring under sections 251 or 252 of GRH,\105\ such provisions 
will be scored to the first bill enacted.
---------------------------------------------------------------------------
    \104\ CBA refers to the Congressional Budget Act of 1974 (Public 
Law 93-344).
    \105\ GRH refers to the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177, December 12, 1985, 99 Stat. 
1037), also known as the Gramm-Rudman-Hollings Act.

4. Transfer of budget authority from a mandatory account to a 
discretionary account
    The transfer of budget authority to a discretionary account 
will be scored as an increase in discretionary budget authority 
and outlays in the gaining account. The losing account will not 
show an offsetting reduction if the account is an entitlement 
or mandatory.

5. Permissive transfer authority
    Permissive transfers will be assumed to occur (in full or 
in part) unless sufficient evidence exists to the contrary. 
Outlays from such transfers will be estimated based on the best 
information available, primarily historical experience and, 
where applicable, indications of executive or congressional 
intent. This guideline will apply both to specific transfers 
(transfers where the gaining and losing accounts and the 
amounts subject to transfer can be ascertained) and general 
transfer authority.

6. Reappropriations
    Reappropriations of expiring balances of budget authority 
will be scored as new budget authority in the fiscal year in 
which the balances become newly available.

7. Advance appropriations
    Advance appropriations of budget authority will be scored 
as new budget authority in the fiscal year in which the funds 
become newly available for obligation, not when the 
appropriations are enacted.

8. Rescissions and transfers of unobligated balances
    Rescissions of unobligated balances will be scored as 
reductions in current budget authority and outlays in the year 
the money is rescinded.
    Transfers of unobligated balances will be scored as 
reductions in current budget authority and outlays in the 
account from which the funds are being transferred, and as 
increases in budget authority cand outlays in the account to 
which these funds are being transferred.
    In certain instances, these transactions will result in a 
net negative budget authority amounts in the source accounts. 
For purposes of section 257 of GRH, such amounts of budget 
authority will be projected at zero. Outlay estimates for both 
the transferring and receiving accounts will be based on the 
spending patterns appropriate to the respective accounts.

9. Delay of obligations
    Appropriation acts specify a date when funds will become 
available for obligation. It is this date that determines the 
year for which new budget authority is scored. In the absence 
of such a date, the act is assumed to be effective upon 
enactment.
    If a new appropriation provides that a portion of the 
budget authority shall not be available for obligation until a 
future fiscal year, that portion shall be treated as an advance 
appropriation of budget authority. If a law defers existing 
budget authority (or unobligated balances) from a year in which 
it was available for obligation to a year in which it was not 
available for obligation, that law shall be scored as a 
rescission in the current year and a reappropriation in the 
year in which obligational authority is extended.

10. Contingent legislation
    If the authority to obligate is contingent on the enactment 
of a subsequent appropriation, new budget authority and outlays 
will be scored with the subsequent appropriation. If a 
discretionary appropriation is contingent on enactment of a 
subsequent authorization, new budget authority and outlays will 
be scored with the appropriation. If a discretionary 
appropriation is contingent on the fulfillment of some action 
by the Executive Branch or some other event normally estimated, 
new budget authority will be scored with the appropriation and 
outlays will be estimated based on the best information about 
when (or if) the contingency will be met. Nonlaw making 
contingencies within the control of the Congress are not 
scoreable events.

11. Scoring purchases, lease-purchases, capital leases, and 
operating leases
    When a law provides the authority for an agency to enter 
into a contract for the purchase, lease-purchase, or lease of 
an asset, budget authority and outlays will be scored as 
follows:
    For lease-purchases and capital leases, budget authority 
will be scored against the legislation in the year in which the 
budget authority is first made available in the amount of the 
estimated net present value of the government's total estimated 
legal obligations over the life of the contract, except for 
imputed interest costs calculated at Treasury rates for 
marketable debt instruments of similar maturity to the lease 
period and identifiable annual operating expenses that would be 
paid by the government as owner (such as utilities, 
maintenance, and insurance). Property taxes will not be 
considered to be an operating cost. Imputed interest costs will 
be classified as mandatory and will not be scored against the 
legislation or for current level but will count for other 
purposes.
    For operating leases, budget authority will be scored 
against the legislation in the year in which the budget 
authority is first made available in the amount necessary to 
cover the government's legal obligations. The amount scored 
will include the estimated total payments expected to arise 
under the full term of a lease contract or, if the contract 
will include a cancellation clause, an amount sufficient to 
cover the lease payments for the first fiscal year during which 
the contract is in effect, plus an amount sufficient to cover 
the costs associated with cancellation of the contract.
    For funds that are self-insuring under existing authority, 
only budget authority to cover the annual lease payment is 
required to be scored.
    Outlays for lease-purchase in which the Federal government 
assumes substantial risk--for example, through an explicit 
government guarantee of third party financing--will be spread 
across the period during which the contractor constructs, 
manufactures, or purchases the asset.
    Outlays for an operating lease, a capital lease, or a 
lease-purchase in which the private sector retains substantial 
risk, will be spread across the lease period. In all cases, the 
total amount of outlays scored over time against legislation 
will equal the amount of budget authority scored against that 
legislation.
    No special rules apply to scoring purchases of assets 
(whether the asset is exiting or is to be manufactured or 
constructed). Budget authority is scored in the year in which 
the authority to purchase is first made available in the amount 
of the government's estimated legal obligations.
    Outlays scored will equal the estimated disbursements by 
the government based on the particular purchase arrangement, 
and over time will equal the amount of budget authority scored 
against that legislation.
    Existing contracts will not be rescored.
    To distinguish lease purchases and capital leases from 
operating leases, the following criteria will be used for 
defining an operating lease:
    Ownership of the asset remains with the lessor during the 
term of the lease and is not transferred to the government at 
or shortly after the end of the lease period.
    The lease does not contain a bargain-price purchase option.
    The lease term does not exceed 75 percent of the estimated 
economic lifetime of the asset.
    The present value of the minimum lease payments over the 
life of the lease does not exceed 90 percent of the fair market 
value of the asset at the inception of the lease.
    The asset is a general purpose asset rather than being for 
a special purpose of the government and is not built to unique 
specification for the government as lessee.
    There is a private-sector market for the asset.
    Risks of ownership of the asset should remain with the 
lessor.
    Risk is defined in terms of how governmental in nature the 
project is. If a project is less governmental in nature, the 
private sector risk is considered to be higher. To evaluate the 
level of private-sector risk associated with a lease-purchase, 
legislation and lease-purchase contracts will be considered 
against the following type of illustrative criteria, which 
indicate ways in which the project is less governmental:
    There should be no provision of government financing and no 
explicit government guarantee of third party financing.
    Risks of ownership of the asset should remain with the 
lessor unless the Government was at fault for such losses.
    The asset should be a general purpose asset rather than for 
a special purpose of the Government and should not be built to 
unique specification for the Government as lessee.
    There should be a private-sector market for the asset.
    The project should not be constructed on Government land.
    Language that attempts to waive the Anti-Deficiency Act, or 
to limit the amount or timing of obligations recorded, does not 
change the government's obligations or obligational authority, 
and so will not affect the scoring of budget authority or 
outlays.
    Unless language that authorizes a project clearly states 
that no obligations are allowed unless budget authority is 
provided specifically for that project in an appropriations 
bill in advance of the obligation, the legislation will be 
interpreted as providing obligation authority, in an amount to 
be estimated by the scorekeepers.

12. Write-offs of uncashed checks, unredeemed food stamps, and 
similar instruments
    Exceptional write-offs of uncashed checks, unredeemed food 
stamps, and similar instruments (i.e., cumulative balances that 
have built up over several years or have been on the books for 
several years) shall be scored as an adjustment to the means of 
financing the deficit rather than as an offset. An estimate of 
write-offs or similar adjustments that are part of a continuing 
routing process shall be netted against outlays in the year in 
which the writeoff will occur. Such write-offs shall be 
recorded in the account in which the outlay was originally 
recorded.

13. Reclassification after an agreement
    Except to the extent assumed in a budget agreement, a law 
that has the effect of altering the classification of spending 
and revenues (e.g., from discretionary to mandatory, special 
fund to revolving fund, on-budget to off-budget, revenue to 
offsetting receipt), will not be scored as reclassified for the 
purpose of enforcing a budget agreement.

14. Scoring of receipt increases or direct spending reductions 
for additional administration or program management expenses
    No increase in receipts or decrease in direct spending will 
be scored as a result of provisions of a law that provides 
direct spending for administration or program management 
activities.

15. Asset sales
    If the net financial cost to the government of an asset 
sale is zero or negative (a savings), the amount scored shall 
be the estimated change in receipts and mandatory outlays in 
each fiscal year on a cost basis.
    If the cost to the government is positive (a loss), the 
proceeds from the sale shall not be scored for the purposes of 
the CBA \106\ or GRH.\107\
---------------------------------------------------------------------------
    \106\ Congressional Budget Act of 1974.
    \107\ Balanced Budget and Emergency Deficit Control Act of 1985 
(Public Law 99-177, December 12, 1985, 99 Stat. 1037), also known as 
the Gramm-Rudman-Hollings Act.
---------------------------------------------------------------------------
    The net financial cost to the Federal government of an 
asset sale shall be the net present value of the cash flows 
from:
            (1) estimated proceeds from the asset sale;
            (2) the net effect on Federal revenues, if any, 
        based on special tax treatments specified in the 
        legislation;
            (3) the loss of future offsetting receipts that 
        would otherwise be collected under continued government 
        ownership (using baseline levels for the projection 
        period and estimated levels thereafter); and
            (4) changes in future spending, both discretionary 
        and mandatory, from levels that would otherwise occur 
        under continued government ownership (using baseline 
        levels for the projection period and at levels 
        estimated to be necessary to operate and maintain the 
        asset thereafter).
    The discount rate used to estimate the net present value 
shall be the average interest rate on marketable Treasury 
securities of similar maturity to the expected remaining useful 
life of the asset for which the estimate is being made, plus 2 
percentage points to reflect the economic effects of continued 
ownership by the Government.

16. Indefinite borrowing authority and limits on outstanding 
debt
    If legislation imposes or changes a limit on outstanding 
debt for an account financed by indefinite budget authority in 
the form of borrowing authority, the legislation will be scored 
as changing budget authority only if and to the extent the 
imposition of a limit or the change in the existing limit 
alters the estimated amount of obligations that will be 
incurred.

17. Pell Scoring Rule
    Pell Scoring Rule: In addition to the scorekeeping rules, 
the following rule from S.Con.Res.18 (109th Congress) remains 
in effect in the Senate:

SEC. 406. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND DEFINITIONS.

          * * * * * * *
    (b) Pell Grants.--
            (1) Budget Authority.--In the Senate, if 
        appropriations of discretionary new budget authority 
        enacted for the Federal Pell Grant Program are 
        insufficient to cover the full cost of Pell Grants in 
        the upcoming award year, adjusted for any cumulative 
        funding surplus or shortfall from prior years, the 
        budget authority counted against the bill for the Pell 
        Grant Program shall be equal to the adjusted full cost.
            (2) Application.--This subsection shall apply only 
        to new Pell Grant awards approved in legislation for 
        award year 2006-2007 and subsequent award years and 
        shall not apply to the cumulative shortfall through 
        award year 2005-2006.
            (3) Estimates.--The estimate of the budget 
        authority associated with the full cost of Pell Grants 
        shall be based on the maximum award and any changes in 
        eligibility requirements, using current economic and 
        technical assumptions and as determined pursuant to 
        scorekeeping guidelines, if any.
    

======================================================================


                               APPENDICES

======================================================================


                               Appendix A

                       LINE ITEM VETO ACT OF 1996

                  constitutionality of line item veto
    The United States Supreme Court, in Clinton v. City of New 
York, U.S. Dist. Col. 1998, 118 S.Ct. 2091, 141 L.Ed.2d 393, 
found that the Line Item Veto Act of 1996, Pub.L. 104-130, 
April 9, 1996, 110 Stat. 1200, which is part C of title X of 
the Congressional Budget and Impoundment Control Act of 1974, 
was unconstitutional as a violation of the Presentment Clause 
of the United States Constitution (Art. I, Sec. 7, cl. 2).

                         Part C--Line Item Veto

SEC. 1021. [2 U.S.C. 691] LINE ITEM VETO AUTHORITY.

    (a) In General.--Notwithstanding the provisions of parts A 
and B, and subject to the provisions of this part, the 
President may, with respect to any bill or joint resolution 
that has been signed into law pursuant to Article I, section 7, 
of the Constitution of the United States, cancel in whole--
            (1) any dollar amount of discretionary budget 
        authority;
            (2) any item of new direct spending; or
            (3) any limited tax benefit;
if the President--
            (A) determines that such cancellation will--
                    (i) reduce the Federal budget deficit;
                    (ii) not impair any essential Government 
                functions; and
                    (iii) not harm the national interest; and
            (B) notifies the Congress of such cancellation by 
        transmitting a special message, in accordance with 
        section 1022, within five calendar days (excluding 
        Sundays) after the enactment of the law providing the 
        dollar amount of discretionary budget authority, item 
        of new direct spending, or limited tax benefit that was 
        canceled.
    (b) Identification of Cancellations.--In identifying dollar 
amounts of discretionary budget authority, items of new direct 
spending, and limited tax benefits for cancellation, the 
President shall--
            (1) consider the legislative history, construction, 
        and purposes of the law which contains such dollar 
        amounts, items, or benefits;
            (2) consider any specific sources of information 
        referenced in such law or, in the absence of specific 
        sources of information, the best available information; 
        and
            (3) use the definitions contained in section 1026 
        in applying this part to the specific provisions of 
        such law.
    (c) Exception for Disapproval Bills.--The authority granted 
by subsection (a) shall not apply to any dollar amount of 
discretionary budget authority, item of new direct spending, or 
limited tax benefit contained in any law that is a disapproval 
bill as defined in section 1026.

SEC. 1022. [2 U.S.C. 691A] SPECIAL MESSAGES.

    (a) In General.--For each law from which a cancellation has 
been made under this part, the President shall transmit a 
single special message to the Congress.
    (b) Contents.--
            (1) The special message shall specify--
                    (A) the dollar amount of discretionary 
                budget authority, item of new direct spending, 
                or limited tax benefit which has been canceled, 
                and provide a corresponding reference number 
                for each cancellation;
                    (B) the determinations required under 
                section 1021(a), together with any supporting 
                material;
                    (C) the reasons for the cancellation;
                    (D) to the maximum extent practicable, the 
                estimated fiscal, economic, and budgetary 
                effect of the cancellation;
                    (E) all facts, circumstances and 
                considerations relating to or bearing upon the 
                cancellation, and to the maximum extent 
                practicable, the estimated effect of the 
                cancellation upon the objects, purposes and 
                programs for which the canceled authority was 
                provided; and
                    (F) include the adjustments that will be 
                made pursuant to section 1024 to the 
                discretionary spending limits under section 
                251(c) of the Balanced Budget and Emergency 
                Deficit Control Act of 1985 and an evaluation 
                of the effects of those adjustments upon the 
                sequestration procedures of section 251 of the 
                Balanced Budget and Emergency Deficit Control 
                Act of 1985.
            (2) In the case of a cancellation of any dollar 
        amount of discretionary budget authority or item of new 
        direct spending, the special message shall also 
        include, if applicable--
                    (A) any account, department, or 
                establishment of the Government for which such 
                budget authority was to have been available for 
                obligation and the specific project or 
                governmental functions involved;
                    (B) the specific States and congressional 
                districts, if any, affected by the 
                cancellation; and
                    (C) the total number of cancellations 
                imposed during the current session of Congress 
                on States and congressional districts 
                identified in subparagraph (B).
    (c) Transmission of Special Messages to House and Senate.--
            (1) The President shall transmit to the Congress 
        each special message under this part within five 
        calendar days (excluding Sundays) after enactment of 
        the law to which the cancellation applies. Each special 
        message shall be transmitted to the House of 
        Representatives and the Senate on the same calendar 
        day. Such special message shall be delivered to the 
        Clerk of the House of Representatives if the House is 
        not in session, and to the Secretary of the Senate if 
        the Senate is not in session.
            (2) Any special message transmitted under this part 
        shall be printed in the first issue of the Federal 
        Register published after such transmittal.

SEC. 1023. [2 U.S.C. 691B] CANCELLATION EFFECTIVE UNLESS DISAPPROVED.

    (a) In General.--The cancellation of any dollar amount of 
discretionary budget authority, item of new direct spending, or 
limited tax benefit shall take effect upon receipt in the House 
of Representatives and the Senate of the special message 
notifying the Congress of the cancellation. If a disapproval 
bill for such special message is enacted into law, then all 
cancellations disapproved in that law shall be null and void 
and any such dollar amount of discretionary budget authority, 
item of new direct spending, or limited tax benefit shall be 
effective as of the original date provided in the law to which 
the cancellation applied.
    (b) Commensurate Reductions in Discretionary Budget 
Authority.--Upon the cancellation of a dollar amount of 
discretionary budget authority under subsection (a), the total 
appropriation for each relevant account of which that dollar 
amount is a part shall be simultaneously reduced by the dollar 
amount of that cancellation.

SEC. 1024. [2 U.S.C. 691C] DEFICIT REDUCTION.

    (a) In General.--
            (1) Discretionary budget authority.--OMB shall, for 
        each dollar amount of discretionary budget authority 
        and for each item of new direct spending canceled from 
        an appropriation law under section 1021(a)--
                    (A) reflect the reduction that results from 
                such cancellation in the estimates required by 
                section 251(a)(7) of the Balanced Budget and 
                Emergency Deficit Control Act of 1985 in 
                accordance with that Act, including an estimate 
                of the reduction of the budget authority and 
                the reduction in outlays flowing from such 
                reduction of budget authority for each outyear; 
                and
                    (B) include a reduction to the 
                discretionary spending limits for budget 
                authority and outlays in accordance with the 
                Balanced Budget and Emergency Deficit Control 
                Act of 1985 for each applicable fiscal year set 
                forth in section 251(c) of the Balanced Budget 
                and Emergency Deficit Control Act of 1985 by 
                amounts equal to the amounts for each fiscal 
                year estimated pursuant to subparagraph (A).
            (2) Direct spending and limited tax benefits.--(A) 
        OMB shall, for each item of new direct spending or 
        limited tax benefit canceled from a law under section 
        1021(a), estimate the deficit decrease caused by the 
        cancellation of such item or benefit in that law and 
        include such estimate as a separate entry in the report 
        prepared pursuant to section 252(d) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985.
            (B) OMB shall not include any change in the deficit 
        resulting from a cancellation of any item of new direct 
        spending or limited tax benefit, or the enactment of a 
        disapproval bill for any such cancellation, under this 
        part in the estimates and reports required by sections 
        252(b) and 254 of the Balanced Budget and Emergency 
        Deficit Control Act of 1985.
    (b) Adjustments to Spending Limits.--After ten calendar 
days (excluding Sundays) after the expiration of the time 
period in section 1025(b)(1) for expedited congressional 
consideration of a disapproval bill for a special message 
containing a cancellation of discretionary budget authority, 
OMB shall make the reduction included in subsection (a)(1)(B) 
as part of the next sequester report required by section 254 of 
the Balanced Budget and Emergency Deficit Control Act of 1985.
    (c) Exception.--Subsection (b) shall not apply to a 
cancellation if a disapproval bill or other law that 
disapproves that cancellation is enacted into law prior to 10 
calendar days (excluding Sundays) after the expiration of the 
time period set forth in section 1025(b)(1).
    (d) Congressional Budget Office Estimates.--As soon as 
practicable after the President makes a cancellation from a law 
under section 1021(a), the Director of the Congressional Budget 
Office shall provide the Committees on the Budget of the House 
of Representatives and the Senate with an estimate of the 
reduction of the budget authority and the reduction in outlays 
flowing from such reduction of budget authority for each 
outyear.

SEC. 1025. [2 U.S.C. 691D] EXPEDITED CONGRESSIONAL CONSIDERATION OF 
                    DISAPPROVAL BILLS.

    (a) Receipt and Referral of Special Message.--Each special 
message transmitted under this part shall be referred to the 
Committee on the Budget and the appropriate committee or 
committees of the Senate and the Committee on the Budget and 
the appropriate committee or committees of the House of 
Representatives. Each such message shall be printed as a 
document of the House of Representatives.
    (b) Time Period for Expedited Procedures.--
            (1) There shall be a congressional review period of 
        30 calendar days of session, beginning on the first 
        calendar day of session after the date on which the 
        special message is received in the House of 
        Representatives and the Senate, during which the 
        procedures contained in this section shall apply to 
        both Houses of Congress.
            (2) In the House of Representatives the procedures 
        set forth in this section shall not apply after the end 
        of the period described in paragraph (1).
            (3) If Congress adjourns at the end of a Congress 
        prior to the expiration of the period described in 
        paragraph (1) and a disapproval bill was then pending 
        in either House of Congress or a committee thereof 
        (including a conference committee of the two Houses of 
        Congress), or was pending before the President, a 
        disapproval bill for the same special message may be 
        introduced within the first five calendar days of 
        session of the next Congress and shall be treated as a 
        disapproval bill under this part, and the time period 
        described in paragraph (1) shall commence on the day of 
        introduction of that disapproval bill.
    (c) Introduction of Disapproval Bills.--
            (1) In order for a disapproval bill to be 
        considered under the procedures set forth in this 
        section, the bill must meet the definition of a 
        disapproval bill and must be introduced no later than 
        the fifth calendar day of session following the 
        beginning of the period described in subsection (b)(1).
            (2) In the case of a disapproval bill introduced in 
        the House of Representatives, such bill shall include 
        in the first blank space referred to in section 
        1026(6)(C) a list of the reference numbers for all 
        cancellations made by the President in the special 
        message to which such disapproval bill relates.
    (d) Consideration in the House of Representatives.--
            (1) Any committee of the House of Representatives 
        to which a disapproval bill is referred shall report it 
        without amendment, and with or without recommendation, 
        not later than the seventh calendar day of session 
        after the date of its introduction. If any committee 
        fails to report the bill within that period, it is in 
        order to move that the House discharge the committee 
        from further consideration of the bill, except that 
        such a motion may not be made after the committee has 
        reported a disapproval bill with respect to the same 
        special message. A motion to discharge may be made only 
        by a Member favoring the bill (but only at a time or 
        place designated by the Speaker in the legislative 
        schedule of the day after the calendar day on which the 
        Member offering the motion announces to the House his 
        intention to do so and the form of the motion). The 
        motion is highly privileged. Debate thereon shall be 
        limited to not more than one hour, the time to be 
        divided in the House equally between a proponent and an 
        opponent. The previous question shall be considered as 
        ordered on the motion to its adoption without 
        intervening motion. A motion to reconsider the vote by 
        which the motion is agreed to or disagreed to shall not 
        be in order.
            (2) After a disapproval bill is reported or a 
        committee has been discharged from further 
        consideration, it is in order to move that the House 
        resolve into the Committee of the Whole House on the 
        State of the Union for consideration of the bill. If 
        reported and the report has been available for at least 
        one calendar day, all points of order against the bill 
        and against consideration of the bill are waived. If 
        discharged, all points of order against the bill and 
        against consideration of the bill are waived. The 
        motion is highly privileged. A motion to reconsider the 
        vote by which the motion is agreed to or disagreed to 
        shall not be in order. During consideration of the bill 
        in the Committee of the Whole, the first reading of the 
        bill shall be dispensed with. General debate shall 
        proceed, shall be confined to the bill, and shall not 
        exceed one hour equally divided and controlled by a 
        proponent and an opponent of the bill. The bill shall 
        be considered as read for amendment under the five-
        minute rule. Only one motion to rise shall be in order, 
        except if offered by the manager. No amendment to the 
        bill is in order, except any Member if supported by 49 
        other Members (a quorum being present) may offer an 
        amendment striking the reference number or numbers of a 
        cancellation or cancellations from the bill. 
        Consideration of the bill for amendment shall not 
        exceed one hour excluding time for recorded votes and 
        quorum calls. No amendment shall be subject to further 
        amendment, except pro forma amendments for the purposes 
        of debate only. At the conclusion of the consideration 
        of the bill for amendment, the Committee shall rise and 
        report the bill to the House with such amendments as 
        may have been adopted. The previous question shall be 
        considered as ordered on the bill and amendments 
        thereto to final passage without intervening motion. A 
        motion to reconsider the vote on passage of the bill 
        shall not be in order.
            (3) Appeals from decisions of the Chair regarding 
        application of the rules of the House of 
        Representatives to the procedure relating to a 
        disapproval bill shall be decided without debate.
            (4) It shall not be in order to consider under this 
        subsection more than one disapproval bill for the same 
        special message except for consideration of a similar 
        Senate bill (unless the House has already rejected a 
        disapproval bill for the same special message) or more 
        than one motion to discharge described in paragraph (1) 
        with respect to a disapproval bill for that special 
        message.
    (e) Consideration in the Senate.--
            (1) Referral and reporting.--Any disapproval bill 
        introduced in the Senate shall be referred to the 
        appropriate committee or committees. A committee to 
        which a disapproval bill has been referred shall report 
        the bill not later than the seventh day of session 
        following the date of introduction of that bill. If any 
        committee fails to report the bill within that period, 
        that committee shall be automatically discharged from 
        further consideration of the bill and the bill shall be 
        placed on the Calendar.
            (2) Disapproval bill from house.--When the Senate 
        receives from the House of Representatives a 
        disapproval bill, such bill shall not be referred to 
        committee and shall be placed on the Calendar.
            (3) Consideration of single disapproval bill.--
        After the Senate has proceeded to the consideration of 
        a disapproval bill for a special message, then no other 
        disapproval bill originating in that same House 
        relating to that same message shall be subject to the 
        procedures set forth in this subsection.
            (4) Amendments.--
                    (A) Amendments in order.--The only 
                amendments in order to a disapproval bill are--
                            (i) an amendment that strikes the 
                        reference number of a cancellation from 
                        the disapproval bill; and
                            (ii) an amendment that only inserts 
                        the reference number of a cancellation 
                        included in the special message to 
                        which the disapproval bill relates that 
                        is not already contained in such bill.
                    (B) Waiver or appeal.--An affirmative vote 
                of three-fifths of the Senators, duly chosen 
                and sworn, shall be required in the Senate--
                            (i) to waive or suspend this 
                        paragraph; or
                            (ii) to sustain an appeal of the 
                        ruling of the Chair on a point of order 
                        raised under this paragraph.
            (5) Motion nondebatable.--A motion to proceed to 
        consideration of a disapproval bill under this 
        subsection shall not be debatable. It shall not be in 
        order to move to reconsider the vote by which the 
        motion to proceed was adopted or rejected, although 
        subsequent motions to proceed may be made under this 
        paragraph.
            (6) Limit on consideration.--
                    (A) After no more than 10 hours of 
                consideration of a disapproval bill, the Senate 
                shall proceed, without intervening action or 
                debate (except as permitted under paragraph 
                (9)), to vote on the final disposition thereof 
                to the exclusion of all amendments not then 
                pending and to the exclusion of all motions, 
                except a motion to reconsider or to table.
                    (B) A single motion to extend the time for 
                consideration under subparagraph (A) for no 
                more than an additional five hours is in order 
                prior to the expiration of such time and shall 
                be decided without debate.
                    (C) The time for debate on the disapproval 
                bill shall be equally divided between the 
                Majority Leader and the Minority Leader or 
                their designees.
            (7) Debate on amendments.--Debate on any amendment 
        to a disapproval bill shall be limited to one hour, 
        equally divided and controlled by the Senator proposing 
        the amendment and the majority manager, unless the 
        majority manager is in favor of the amendment, in which 
        case the minority manager shall be in control of the 
        time in opposition.
            (8) No motion to recommit.--A motion to recommit a 
        disapproval bill shall not be in order.
            (9) Disposition of senate disapproval bill.--If the 
        Senate has read for the third time a disapproval bill 
        that originated in the Senate, then it shall be in 
        order at any time thereafter to move to proceed to the 
        consideration of a disapproval bill for the same 
        special message received from the House of 
        Representatives and placed on the Calendar pursuant to 
        paragraph (2), strike all after the enacting clause, 
        substitute the text of the Senate disapproval bill, 
        agree to the Senate amendment, and vote on final 
        disposition of the House disapproval bill, all without 
        any intervening action or debate.
            (10) Consideration of house message.--Consideration 
        in the Senate of all motions, amendments, or appeals 
        necessary to dispose of a message from the House of 
        Representatives on a disapproval bill shall be limited 
        to not more than four hours. Debate on each motion or 
        amendment shall be limited to 30 minutes. Debate on any 
        appeal or point of order that is submitted in 
        connection with the disposition of the House message 
        shall be limited to 20 minutes. Any time for debate 
        shall be equally divided and controlled by the 
        proponent and the majority manager, unless the majority 
        manager is a proponent of the motion, amendment, 
        appeal, or point of order, in which case the minority 
        manager shall be in control of the time in opposition.
    (f) Consideration in Conference.--
            (1) Convening of conference.--In the case of 
        disagreement between the two Houses of Congress with 
        respect to a disapproval bill passed by both Houses, 
        conferees should be promptly appointed and a conference 
        promptly convened, if necessary.
            (2) House consideration.--
                    (A) Notwithstanding any other rule of the 
                House of Representatives, it shall be in order 
                to consider the report of a committee of 
                conference relating to a disapproval bill 
                provided such report has been available for one 
                calendar day (excluding Saturdays, Sundays, or 
                legal holidays, unless the House is in session 
                on such a day) and the accompanying statement 
                shall have been filed in the House.
                    (B) Debate in the House of Representatives 
                on the conference report and any amendments in 
                disagreement on any disapproval bill shall each 
                be limited to not more than one hour equally 
                divided and controlled by a proponent and an 
                opponent. A motion to further limit debate is 
                not debatable. A motion to recommit the 
                conference report is not in order, and it is 
                not in order to move to reconsider the vote by 
                which the conference report is agreed to or 
                disagreed to.
            (3) Senate consideration.--Consideration in the 
        Senate of the conference report and any amendments in 
        disagreement on a disapproval bill shall be limited to 
        not more than four hours equally divided and controlled 
        by the Majority Leader and the Minority Leader or their 
        designees. A motion to recommit the conference report 
        is not in order.
            (4) Limits on scope.--
                    (A) When a disagreement to an amendment in 
                the nature of a substitute has been referred to 
                a conference, the conferees shall report those 
                cancellations that were included in both the 
                bill and the amendment, and may report a 
                cancellation included in either the bill or the 
                amendment, but shall not include any other 
                matter.
                    (B) When a disagreement on an amendment or 
                amendments of one House to the disapproval bill 
                of the other House has been referred to a 
                committee of conference, the conferees shall 
                report those cancellations upon which both 
                Houses agree and may report any or all of those 
                cancellations upon which there is disagreement, 
                but shall not include any other matter.

4SEC. 1026. [2 U.S.C. 691E] DEFINITIONS.

    As used in this part:
            (1) Appropriation law.--The term ``appropriation 
        law'' means an Act referred to in section 105 of title 
        1, United States Code, including any general or special 
        appropriation Act, or any Act making supplemental, 
        deficiency, or continuing appropriations, that has been 
        signed into law pursuant to Article I, section 7, of 
        the Constitution of the United States.
            (2) Calendar day.--The term ``calendar day'' means 
        a standard 24-hour period beginning at midnight.
            (3) Calendar days of session.--The term ``calendar 
        days of session'' shall mean only those days on which 
        both Houses of Congress are in session.
            (4) Cancel.--The term ``cancel'' or 
        ``cancellation'' means--
                    (A) with respect to any dollar amount of 
                discretionary budget authority, to rescind;
                    (B) with respect to any item of new direct 
                spending--
                            (i) that is budget authority 
                        provided by law (other than an 
                        appropriation law), to prevent such 
                        budget authority from having legal 
                        force or effect;
                            (ii) that is entitlement authority, 
                        to prevent the specific legal 
                        obligation of the United States from 
                        having legal force or effect; or
                            (iii) through the food stamp 
                        program, to prevent the specific 
                        provision of law that results in an 
                        increase in budget authority or outlays 
                        for that program from having legal 
                        force or effect; and
                    (C) with respect to a limited tax benefit, 
                to prevent the specific provision of law that 
                provides such benefit from having legal force 
                or effect.
            (5) Direct spending.--The term ``direct spending'' 
        means--
                    (A) budget authority provided by law (other 
                than an appropriation law);
                    (B) entitlement authority; and
                    (C) the food stamp program.
            (6) Disapproval bill.--The term ``disapproval 
        bill'' means a bill or joint resolution which only 
        disapproves one or more cancellations of dollar amounts 
        of discretionary budget authority, items of new direct 
        spending, or limited tax benefits in a special message 
        transmitted by the President under this part and--
                    (A) the title of which is as follows: ``A 
                bill disapproving the cancellations transmitted 
                by the President on ____'', the blank space 
                being filled in with the date of transmission 
                of the relevant special message and the public 
                law number to which the message relates;
                    (B) which does not have a preamble; and
                    (C) which provides only the following after 
                the enacting clause: ``That Congress 
                disapproves of cancellations ____'', the blank 
                space being filled in with a list by reference 
                number of one or more cancellations contained 
                in the President's special message, ``as 
                transmitted by the President in a special 
                message on ____'', the blank space being filled 
                in with the appropriate date, ``regarding 
                ____.'', the blank space being filled in with 
                the public law number to which the special 
                message relates.
            (7) Dollar amount of discretionary budget 
        authority.--
                    (A) Except as provided in subparagraph (B), 
                the term ``dollar amount of discretionary 
                budget authority'' means the entire dollar 
                amount of budget authority--
                            (i) specified in an appropriation 
                        law, or the entire dollar amount of 
                        budget authority required to be 
                        allocated by a specific proviso in an 
                        appropriation law for which a specific 
                        dollar figure was not included;
                            (ii) represented separately in any 
                        table, chart, or explanatory text 
                        included in the statement of managers 
                        or the governing committee report 
                        accompanying such law;
                            (iii) required to be allocated for 
                        a specific program, project, or 
                        activity in a law (other than an 
                        appropriation law) that mandates the 
                        expenditure of budget authority from 
                        accounts, programs, projects, or 
                        activities for which budget authority 
                        is provided in an appropriation law;
                            (iv) represented by the product of 
                        the estimated procurement cost and the 
                        total quantity of items specified in an 
                        appropriation law or included in the 
                        statement of managers or the governing 
                        committee report accompanying such law; 
                        or
                            (v) represented by the product of 
                        the estimated procurement cost and the 
                        total quantity of items required to be 
                        provided in a law (other than an 
                        appropriation law) that mandates the 
                        expenditure of budget authority from 
                        accounts, programs, projects, or 
                        activities for which budget authority 
                        is provided in an appropriation law.
                    (B) The term ``dollar amount of 
                discretionary budget authority'' does not 
                include--
                            (i) direct spending;
                            (ii) budget authority in an 
                        appropriation law which funds direct 
                        spending provided for in other law;
                            (iii) any existing budget authority 
                        rescinded or canceled in an 
                        appropriation law; or
                            (iv) any restriction, condition, or 
                        limitation in an appropriation law or 
                        the accompanying statement of managers 
                        or committee reports on the expenditure 
                        of budget authority for an account, 
                        program, project, or activity, or on 
                        activities involving such expenditure.
            (8) Item of new direct spending.--The term ``item 
        of new direct spending'' means any specific provision 
        of law that is estimated to result in an increase in 
        budget authority or outlays for direct spending 
        relative to the most recent levels calculated pursuant 
        to section 257 of the Balanced Budget and Emergency 
        Deficit Control Act of 1985.
            (9) Limited tax benefit.--
                    (A) The term ``limited tax benefit'' 
                means--
                            (i) any revenue-losing provision 
                        which provides a Federal tax deduction, 
                        credit, exclusion, or preference to 100 
                        or fewer beneficiaries under the 
                        Internal Revenue Code of 1986 in any 
                        fiscal year for which the provision is 
                        in effect; and
                            (ii) any Federal tax provision 
                        which provides temporary or permanent 
                        transitional relief for 10 or fewer 
                        beneficiaries in any fiscal year from a 
                        change to the Internal Revenue Code of 
                        1986.
                    (B) A provision shall not be treated as 
                described in subparagraph (A)(i) if the effect 
                of that provision is that--
                            (i) all persons in the same 
                        industry or engaged in the same type of 
                        activity receive the same treatment;
                            (ii) all persons owning the same 
                        type of property, or issuing the same 
                        type of investment, receive the same 
                        treatment; or
                            (iii) any difference in the 
                        treatment of persons is based solely 
                        on--
                                    (I) in the case of 
                                businesses and associations, 
                                the size or form of the 
                                business or association 
                                involved;
                                    (II) in the case of 
                                individuals, general 
                                demographic conditions, such as 
                                income, marital status, number 
                                of dependents, or tax return 
                                filing status;
                                    (III) the amount involved; 
                                or
                                    (IV) a generally-available 
                                election under the Internal 
                                Revenue Code of 1986.
                    (C) A provision shall not be treated as 
                described in subparagraph (A)(ii) if--
                            (i) it provides for the retention 
                        of prior law with respect to all 
                        binding contracts or other legally 
                        enforceable obligations in existence on 
                        a date contemporaneous with 
                        congressional action specifying such 
                        date; or
                            (ii) it is a technical correction 
                        to previously enacted legislation that 
                        is estimated to have no revenue effect.
                    (D) For purposes of subparagraph (A)--
                            (i) all businesses and associations 
                        which are related within the meaning of 
                        sections 707(b) and 1563(a) of the 
                        Internal Revenue Code of 1986 shall be 
                        treated as a single beneficiary;
                            (ii) all qualified plans of an 
                        employer shall be treated as a single 
                        beneficiary;
                            (iii) all holders of the same bond 
                        issue shall be treated as a single 
                        beneficiary; and
                            (iv) if a corporation, partnership, 
                        association, trust or estate is the 
                        beneficiary of a provision, the 
                        shareholders of the corporation, the 
                        partners of the partnership, the 
                        members of the association, or the 
                        beneficiaries of the trust or estate 
                        shall not also be treated as 
                        beneficiaries of such provision.
                    (E) For purposes of this paragraph, the 
                term ``revenue-losing provision'' means any 
                provision which results in a reduction in 
                Federal tax revenues for any one of the two 
                following periods--
                            (i) the first fiscal year for which 
                        the provision is effective; or
                            (ii) the period of the 5 fiscal 
                        years beginning with the first fiscal 
                        year for which the provision is 
                        effective.
                    (F) The terms used in this paragraph shall 
                have the same meaning as those terms have 
                generally in the Internal Revenue Code of 1986, 
                unless otherwise expressly provided.
            (10) OMB.--The term ``OMB'' means the Director of 
        the Office of Management and Budget.

SEC. 1027. [2 U.S.C. 691F] IDENTIFICATION OF LIMITED TAX BENEFITS.

    (a) Statement by Joint Tax Committee.--The Joint Committee 
on Taxation shall review any revenue or reconciliation bill or 
joint resolution which includes any amendment to the Internal 
Revenue Code of 1986 that is being prepared for filing by a 
committee of conference of the two Houses, and shall identify 
whether such bill or joint resolution contains any limited tax 
benefits. The Joint Committee on Taxation shall provide to the 
committee of conference a statement identifying any such 
limited tax benefits or declaring that the bill or joint 
resolution does not contain any limited tax benefits. Any such 
statement shall be made available to any Member of Congress by 
the Joint Committee on Taxation immediately upon request.
    (b) Statement Included in Legislation.--
            (1) Notwithstanding any other rule of the House of 
        Representatives or any rule or precedent of the Senate, 
        any revenue or reconciliation bill or joint resolution 
        which includes any amendment to the Internal Revenue 
        Code of 1986 reported by a committee of conference of 
        the two Houses may include, as a separate section of 
        such bill or joint resolution, the information 
        contained in the statement of the Joint Committee on 
        Taxation, but only in the manner set forth in paragraph 
        (2).
            (2) The separate section permitted under paragraph 
        (1) shall read as follows: ``Section 1021(a)(3) of the 
        Congressional Budget and Impoundment Control Act of 
        1974 shall ____ apply to ______.'', with the blank 
        spaces being filled in with--
                    (A) in any case in which the Joint 
                Committee on Taxation identifies limited tax 
                benefits in the statement required under 
                subsection (a), the word ``only'' in the first 
                blank space and a list of all of the specific 
                provisions of the bill or joint resolution 
                identified by the Joint Committee on Taxation 
                in such statement in the second blank space; or
                    (B) in any case in which the Joint 
                Committee on Taxation declares that there are 
                no limited tax benefits in the statement 
                required under subsection (a), the word ``not'' 
                in the first blank space and the phrase ``any 
                provision of this Act'' in the second blank 
                space.
    (c) President's Authority.--If any revenue or 
reconciliation bill or joint resolution is signed into law 
pursuant to Article I, section 7, of the Constitution of the 
United States--
            (1) with a separate section described in subsection 
        (b)(2), then the President may use the authority 
        granted in section 1021(a)(3) only to cancel any 
        limited tax benefit in that law, if any, identified in 
        such separate section; or
            (2) without a separate section described in 
        subsection (b)(2), then the President may use the 
        authority granted in section 1021(a)(3) to cancel any 
        limited tax benefit in that law that meets the 
        definition in section 1026.
    (d) Congressional Identifications of Limited Tax 
Benefits.--There shall be no judicial review of the 
congressional identification under subsections (a) and (b) of a 
limited tax benefit in a conference report.END OF 
STATUTE deg.
                               Appendix B

                                      CONCURRENT RESOLUTIONS ON THE BUDGET
----------------------------------------------------------------------------------------------------------------
     Fiscal year             Resolution No.                    Congress                   Resolution order
----------------------------------------------------------------------------------------------------------------
FY1976                H.Con.Res. 218                94th Congress                  1st Resolution
FY1976                H.Con.Res. 466                94th Congress                  2d Resolution\108\
FY1977                S.Con.Res. 109                94th Congress                  1st Resolution
FY1977                S.Con.Res. 139                94th Congress                  2d Resolution
FY1977                S.Con.Res. 10                 95th Congress                  3d Resolution
FY1978                S.Con.Res. 19                 95th Congress                  1st Resolution
FY1978                H.Con.Res. 341                95th Congress                  2d Resolution
FY1979                S.Con.Res. 80                 95th Congress                  1st Resolution
FY1979                H.Con.Res. 683                95th Congress                  2d Resolution
FY1980                H.Con.Res. 107                96th Congress                  1st Resolution
FY1980                S.Con.Res. 36                 96th Congress                  2d Resolution
FY1981                H.Con.Res. 307                96th Congress                  1st Resolution
FY1981                H.Con.Res. 448                96th Congress                  2d Resolution
FY1982                H.Con.Res. 115                97th Congress                  1st Resolution
FY1982                None                          97th Congress                  2d Resolution
FY1983                S.Con.Res. 92                 97th Congress                  1st Resolution
FY1983                None                          98th Congress                  2d Resolution
FY1984                H.Con.Res. 91                 98th Congress                  1st Resolution
FY1984                None                          98th Congress                  2d Resolution
FY1985                H.Con.Res. 280                98th Congress                  1st Resolution
FY1985                None                          98th Congress                  2d Resolution
FY1986                S.Con.Res. 32                 98th Congress                  1st Resolution
FY1986                None                          99th Congress                  2d Resolution
FY1987                S.Con.Res. 120                99th Congress
FY1988                H.Con.Res. 93                 100th Congress
FY1989                H.Con.Res. 268                100th Congress
FY1990                H.Con.Res. 106                101st Congress
FY1991                H.Con.Res. 310                101st Congress
FY1992                H.Con.Res. 121                102d Congress
FY1993                H.Con.Res. 287                102d Congress
FY1994                H.Con.Res. 64                 103d Congress
FY1995                H.Con.Res. 218                103d Congress
FY1996                H.Con.Res. 67                 104th Congress
FY1997                H.Con.Res. 178                104th Congress
FY1998                H.Con.Res. 84                 105th Congress
FY1999                None                          105th Congress
FY2000                H.Con.Res. 68                 106th Congress
FY2001                H.Con.Res. 290                106th Congress
FY2002                H.Con.Res. 83                 107th Congress
FY2003                None                          107th Congress
FY2004                H.Con.Res. 95                 108th Congress
FY2005                None                          108th Congress
FY2006                H.Con.Res. 95                 109th Congress
FY2007                None                          109th Congress
FY2008                S.Con.Res. 21                 110th Congress
FY2009                S.Con.Res. 70                 110th Congress
FY2010                S.Con.Res. 13                 111th Congress
FY2011                None                          111th Congress
FY2012                None                          112th Congress
FY2013                None                          112th Congress\109\
----------------------------------------------------------------------------------------------------------------
\108\ Automatic Second Budget Resolution: The Congressional Budget Act originally provided for first and second
  resolutions on the budget for each fiscal year. Budget resolutions were considered to be the second resolution
  if the Congress did not adopt the second one. Those provisions also provided an exception in the House to the
  aggregate point of order under section 311 of the Congressional Budget Act. See: First Concurrent Resolution
  on the Budget--Fiscal Year 1986, S.Con.Res. 32, 99th Congress, 1st Session, Section 3, 99 Stat. 1941 (1985);
  First Concurrent Resolution on the Budget--Fiscal Year 1985, H.Con.Res. 280, 98th Congress, 2d Session,
  Section 4, 98 Stat. 3484 (1984); First Concurrent Resolution on the Budget--Fiscal Year 1984, H.Con.Res. 91,
  98th Congress, 1st Session Section 5, 97 Stat. 1501 (1983)
\109\ The Budget Control Act of 2011 (Public Law 112-25) provided for a concurrent resolution on the budget for
  enforcement purposes in the Senate for Fiscal Years 2012 and 2013.

                               Appendix C



                       DEEMING MEASURES FOR THE CONCURRENT RESOLUTION ON THE BUDGET \110\
----------------------------------------------------------------------------------------------------------------
     Fiscal year                 Congress                        House                         Senate
----------------------------------------------------------------------------------------------------------------
FY1986                  99th                           H.Res. 231
FY1991                 101st                           H.Res. 413\111\
FY1999                 105th                           H.Res. 477\112\                S.Res. 209\113\
                       106th                           H.Res. 5\114\                  S.Res. 312
FY2003                 107th                           H.Res. 428\115\
                       108th                           H.Res. 5\116\
FY2005                 108th                           H.Res. 649\117\                P.L. 108-287\118\
                       109th                           H.Res. 5\119\
FY2007                 109th                           H.Res. 818\120\                P.L. 109-234\121\
                       110th                           H.Res. 6\122\
FY2011                 111th                           H.Res. 1493\123\
FY2012                 112th                           H.Res. 287\124\                S.365\125\
FY2013                 112th                           H.Res. 614\126\                S.365\125\
                                                       H.Res. 643\127\
----------------------------------------------------------------------------------------------------------------
\110\ House: A budget resolution ``deemed'' to be in force means a resolution that was not adopted by both
  Houses of Congress, but in one House has been treated as if had been passed by both Houses for enforcement
  purposes of the Congressional Budget Act. Two exceptions were for fiscal year 1999 and fiscal year 2011 when
  the deeming resolution adopted only had the effect, mainly, of providing the Appropriations Committee of the
  House with a section 302(a) allocation for enforcement purposes, but did not, in their entirely, have the
  nature of budget resolutions under the terms of section 301 of the Congressional Budget Act.
\111\ House: H. Res. 413 deemed H. Con. Res. 310 as passed by the House on May 1, 1990, to be in force until the
  conference report on the budget was adopted (it was so adopted on October 9, 1990).
\112\ House: The initial deeming resolution was section 2 of H. Res. 477, a special rule for the consideration
  of the Military Construction Appropriations Act for FY1999. At the beginning of the 106th Congress, a second
  deeming resolution was included in the organizing resolution, H. Res. 5, authorizing the Chairman of the House
  Budget Committee to put enforceable allocations into the Congressional Record.
\113\ Senate: Two deeming resolutions were Senate resolutions directed to that purpose.
\114\ House: A follow-up measure in the next session was part of the opening-day rules package (section 2(a) of
  H. Res. 5)
\115\ House: The initial deeming resolution was section 2 of H. Res. 428, special rule for the consideration of
  a supplemental appropriations act for FY2002 (H.R. 4775).
\116\ House: A follow-up measure in the next session was part of the opening-day rules package (section 3(a)(4)
  of H. Res. 5).
\117\ House: The initial deeming resolution was section 2 of H. Res. 649, a special rule providing for the
  consideration of the conference report on the FY2005 budget resolution (S. Con. Res. 95).
\118\ House: The deeming resolution was section 14007 (118 Stat. 1014) of the Defense Appropriations Act for
  FY2005 (H.R. 4613), which became Public Law 108-287.
\119\ House: A follow-up measure in the next session was part of th