[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
[106th Congress]
[House Document 105-358]
[Miscellaneous Provisions Of Congressional Budget Laws]
[Pages 997-1026]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 997]]
Sec. 1128
BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT
excerpts from the balanced budget and emergency deficit control act of
__________
These excerpts are provided for quick reference. They include the
provisions of the Act that relate directly to legislative procedure.
(Although the primary enforcement mechanisms in the statute are fiscal
controls such as sequestration, rather than procedural points of order,
sections 250, 251, and 252 operate in conjunction with procedural
provisions in title III of the Congressional Budget Act of 1974, supra,
and sections 258, 258A, 258B, and 258C provide for reporting and
consideration of legislation in the Senate.) A more thorough
understanding of the statutory scheme requires the full statutory text
(see 2 U.S.C. 900 et seq.).
SEC. 250. TABLE OF CONTENTS; STATEMENT OF BUDGET ENFORCEMENT THROUGH
1985
SEQUESTRATION; DEFINITIONS.
Sec. 250
Sec. 250
* * * * *
(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
[[Page 998]]
authority or outlays for that year, as the case may be.
(4) The term ``category'' means the subsets of discretionary
appropriations in section 251(c). Discretionary appropriations
in each of the categories shall be those designated in the joint
explanatory statement accompanying the conference report on the
Balanced Budget Act of 1997. New accounts or activities shall be
categorized only after consultation with the committees on
Appropriations and the Budget of the House of Representatives
and the Senate and that consultation shall, to the extent
practicable, include written communication to such committees
that affords such committees the opportunity to comment before
official action is taken with respect to new accounts or
activities.
(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 food stamp 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
[[Page 999]]
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, with respect to a budget
year, any of the first 4 fiscal years that follow 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 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.
Several definitions were amended by the Budget Enforcement Act of 1997
(sec. 10202, P.L. 105-33).
SEC. 251. ENFORCING DISCRETIONARY SPENDING LIMITS.
Sec. 251
Sec. 251
(a) Enforcement.--
(1) Sequestration.--Within 15 calendar days after Congress
adjourns to end a session and on the same day as a sequestration
(if any) under section 252 and section 253, 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
[[Page 1000]]
category shall be reduced by a dollar
amount calculated by
multiplying the baseline level of sequestrable budgetary
resources in that account at that time by the uniform percentage
necessary to eliminate a breach within that category; except
that the health programs set forth in section 256(e) shall not
be reduced by more than 2 percent and the uniform percent
applicable to all other programs under this paragraph shall be
increased (if necessary) to a level sufficient to eliminate that
breach. If, within a category, the discretionary spending limits
for both new budget authority and outlays are breached, the
uniform percentage shall be calculated by--
(A) first, calculating the uniform percentage
necessary to eliminate the breach in new budget
authority, and
(B) second, if any breach in outlays remains,
increasing the uniform percentage to a level sufficient
to eliminate that breach.
(3) Military personnel.--If the President uses the authority
to exempt any military personnel 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.
(5) Look-back.--If, after June 30, an appropriation for the
fiscal year in progress is enacted that causes a breach within a
[[Page 1001]]
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
extent practicable, written communication to those
committees that affords such committees the opportunity
[[Page 1002]]
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 House and Senate Committees
on the Budget, CBO, and OMB.
(D) Annual appropriations.--For purposes of this
paragraph, amounts provided by annual appropriations
shall include any new budget authority and outlays 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) Preview Report.--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 through 2002, as
[[Page 1003]]
follows:
(A) Emergency appropriations.--If, for any fiscal
year, appropriations for discretionary accounts are
enacted that the President designates as emergency
requirements and that the Congress so designates in
statute, the adjustment shall be the total of such
appropriations in discretionary accounts designated as
emergency requirements and the outlays flowing in all
fiscal years from such appropriations. This subparagraph
shall not apply to appropriations to cover agricultural
crop disaster assistance.
(B) Special outlay allowance.--If, in any fiscal year,
outlays for a category exceed the discretionary spending
limit for that category but new budget authority does
not exceed its limit for that category (after
application of the first step of a sequestration
described in subsection (a)(2), if necessary), the
adjustment in outlays for a fiscal year is the amount of
the excess but not to exceed 0.5 percent of the sum of
the adjusted discretionary spending limits on outlays
for that fiscal year.
(C) Continuing disability reviews.--(i) If a bill or
joint resolution making appropriations for a fiscal year
is enacted that specifies an amount for continuing
disability reviews under the heading ``Limitation on
Administrative Expenses'' for the Social Security
Administration, the adjustments for that fiscal year
shall be the additional new budget authority provided in
that Act for such reviews for that fiscal year and the
additional outlays flowing from such amounts, but shall
not exceed--
(I) for fiscal year 1998, $290,000,000 in
additional new budget authority and $338,000,000 in
additional outlays;
(II) for fiscal year 1999, $520,000,000 in
additional new budget authority and $520,000,000 in
additional outlays;
(III) for fiscal year 2000, $520,000,000 in
additional new budget authority and $520,000,000 in
additional outlays;
(IV) for fiscal year 2001, $520,000,000 in
additional new budget authority and $520,000,000 in
[[Page 1004]]
additional outlays; and
(V) for fiscal year 2002, $520,000,000 in
additional new budget authority and $520,000,000 in
additional outlays.
(ii) As used in this subparagraph--
(I) the term ``continuing disability reviews''
means reviews or redeterminations as defined under
section 201(g)(1)(A) of the Social Security Act and
reviews and redeterminations authorized under
section 211 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996;
(II) the term ``additional new budget
authority'' means the amount provided for a fiscal
year, in excess of $200,000,000, in an
appropriations Act and specified to pay for the
costs of continuing disability reviews under the
heading ``Limitation on Administrative Expenses''
for the Social Security Administration; and
(III) the term ``additional outlays'' means
outlays, in excess of $200,000,000 in a fiscal year,
flowing from the amounts specified for continuing
disability reviews under the heading ``Limitation on
Administrative Expenses'' for the Social Security
Administration, including outlays in that fiscal
year flowing from amounts specified in Acts enacted
for prior fiscal years (but not before 1996).
(D) Allowance for imf.--If an appropriation bill or
joint resolution is enacted for a fiscal year through
2002 that includes an appropriation with respect to
clause (i) or (ii), the adjustment shall be the amount
of budget authority in the measure that is the dollar
equivalent of the Special Drawing Rights with respect
to--
(i) an increase in the United States quota as
part of the International Monetary Fund Eleventh
General Review of Quotas (United States Quota); or
(ii) any increase in the maximum amount
available to the Secretary of the Treasury pursuant
to section 17 of the Bretton Woods Agreements Act,
as amended from time to time (New Arrangements to
Borrow).
[[Page 1005]]
(E) Allowance for international arrearages.--
(i) Adjustments.--If an appropriation bill or
joint resolution is enacted for fiscal year 1998,
1999, or 2000 that includes an appropriation for
arrearages for international organizations,
international peacekeeping, and multilateral
development banks for that fiscal year, the
adjustment shall be the amount of budget authority
in that measure and the outlays flowing in all
fiscal years from that budget authority.
(ii) Limitations.--The total amount of
adjustments made pursuant to this subparagraph for
the period of fiscal years 1998 through 2000 shall
not exceed $1,884,000,000 in budget authority.
(F) EITC compliance initiative.--If an appropriation
bill or joint resolution is enacted for a fiscal year
that includes an appropriation for an earned income tax
credit compliance initiative, the adjustment shall be
the amount of budget authority in that measure for that
initiative and the outlays flowing in all fiscal years
from that budget authority, but not to exceed--
(i) with respect to fiscal year 1998,
$138,000,000 in new budget authority and
$131,000,000 in outlays;
(ii) with respect to fiscal year 1999,
$143,000,000 in new budget authority and
$143,000,000 in outlays;
(iii) with respect to fiscal year 2000,
$144,000,000 in new budget authority and
$144,000,000 in outlays;
(iv) with respect to fiscal year 2001,
$145,000,000 in new budget authority and
$145,000,000 in outlays; and
(v) with respect to fiscal year 2002,
$146,000,000 in new budget authority and
$146,000,000 in outlays.
(c) Discretionary Spending Limit.--As used in this part, the term
``discretionary spending limit'' means--
(1) with respect to fiscal year 1997, for the discretionary
category, the current adjusted limits of new budget authority
and outlays;
(2) with respect to fiscal year 1998--
(A) for the defense category: $269,000,000,000 in new
[[Page 1006]]
budget authority and $266,823,000,000 in outlays;
(B) for the nondefense category: $252,357,000,000 in
new budget authority and $282,853,000,000 in outlays;
and
(C) for the violent crime reduction category:
$5,500,000,000 in new budget authority and
$3,592,000,000 in outlays;
(3) with respect to fiscal year 1999--
(A) for the defense category: $271,500,000,000 in new
budget authority and $266,518,000,000 in outlays;
(B) for the nondefense category: $255,699,000,000 in
new budget authority and $287,850,000,000 in outlays;
and
(C) for the violent crime reduction category:
$5,800,000,000 in new budget authority and
$4,953,000,000 in outlays;
(4) with respect to fiscal year 2000--
(A) for the discretionary category: $532,693,000,000
in new budget authority and $558,711,000,000 in outlays;
and
(B) for the violent crime reduction category:
$4,500,000,000 in new budget authority and
$5,554,000,000 in outlays;
(5) with respect to fiscal year 2001, for the discretionary
category: $542,032,000,000 in new budget authority and
$564,396,000,000 in outlays; and
(6) with respect to fiscal year 2002, for the discretionary
category: $551,074,000,000 in new budget authority and
$560,799,000,000 in outlays;
as adjusted in strict conformance with subsection (b).
SEC. 252. ENFORCING PAY-AS-YOU-GO.
Section 251 was significantly rewritten by the Budget Enforcement Act
of 1997 (sec. 10203, P.L. 105-33) to extend discretionary spending
limits and sequestration enforcement. The amendment also imposed
separate spending limits for defense, nondefense, and violent crime
reduction, rendering section 251A unnecessary and was therefore repealed
(Budget Enforcement Act of 1997 (sec. 10204, P.L. 105-33)).
Sec. 252
Sec. 252
(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.
(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
[[Page 1007]]
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) (foster care and adoption assistance) shall be
made.
(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
[[Page 1008]]
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.--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.
(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
[[Page 1009]]
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) 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.
Section 252 was significantly rewritten by the Budget Enforcement Act
of 1997 (sec. 10205, P.L. 105-33).
SEC. 253. ENFORCING DEFICIT TARGETS.
Sec. 253
Sec. 253
(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.
(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.
[[Page 1010]]
counts (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).
(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 ac
(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
[[Page 1011]]
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 for
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
[[Page 1012]]
adjust
ment 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
[[Page 1013]]
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).
SEC. 254. REPORTS AND ORDERS.
Sec. 254
Sec. 254
* * * * *
(i) Low-Growth Report.--At any time, CBO shall notify the Congress
if--
(1) during the period consisting of the quarter during which
such notification is given, the quarter preceding such
notification and the 4 quarters following such notification, CBO
or OMB has determined that real economic growth is projected or
estimated to be less than zero with respect to each of any 2
consecutive quarters within such period; or
(2) the most recent of the Department of Commerce's advance
preliminary or final reports of actual real economic growth
[[Page 1014]]
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.
This paragraph was redesignated by the Budget Enforcement Act of 1997
(sec. 10206, P.L. 105-33). In response to a ``low-growth report'' under
this section, the Majority Leader of the Senate introduced pursuant to
section 258, infra, a joint resolution suspending certain budget
enforcement laws (S. J. Res. 44, Jan. 23, 1991, p. 2128).
* * * * *
SEC. 258. SUSPENSION IN THE EVENT OF WAR OR LOW GROWTH.
Sec. 258
Sec. 258
(a) Procedures in the Event of a Low-Growth Report.--
(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
[[Page 1015]]
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
[[Page 1016]]
time shall be equally divided be
tween, 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 or a joint resolution described in subsection (a)--
(1) the subsequent issuance of any sequestration report or any
sequestration order is precluded;
(2) sections 302(f), 310(d), 311(a), and title VI of the
Congressional Budget Act of 1974 are suspended; and
(3) section 1103 of title 31, United States Code, is
suspended.
(c) Restoration of Sequestration Procedures.--(1) In the event of a
suspension of sequestration procedures due to a declaration of war,
then, effective with the first fiscal year that begins in the session
after the state of war is concluded by Senate ratification of the
necessary treaties, the provisions of subsection (b) triggered by that
declaration of war are no longer effective.
SEC. 258A. MODIFICATION OF PRESIDENTIAL ORDER.
(2) In the event of a suspension of sequestration procedures due to
the enactment of a joint resolution described in subsection (a), then,
effective with regard to the first fiscal year beginning at least 12
months after the enactment of that resolution, the provisions of
subsection (b) triggered by that resolution are no longer effective.
Sec. 258A
Sec. 258A
[[Page 1017]]
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.
(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,
(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
[[Page 1018]]
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
[[Page 1019]]
Representatives a joint reso
lution 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.
SEC. 258B. FLEXIBILITY AMONG DEFENSE PROGRAMS, PROJECTS, AND ACTIVITIES.
Sec. 258B
Sec. 258B
[[Page 1020]]
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.
(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
(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.
[[Page 1021]]
(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).
(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
(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.
[[Page 1022]]
poses 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.
(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 pur
(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.
[[Page 1023]]
(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.
[[Page 1024]]
SEC. 258C. SPECIAL RECONCILIATION PROCESS.
(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.
Sec. 258C
Sec. 258C
(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.
[[Page 1025]]
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.
(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
(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.
[[Page 1026]]
(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.
Sections 258, 258A, 258B, and 258C provide for reporting and
consideration in the Senate but not in the House, where special rules
might be adopted for the purpose.
* * * * *