[House Prints 110-3]
[From the U.S. Government Publishing Office]
[COMMITTEE PRINT]
COMPILATION OF LAWS AND RULES
RELATING TO THE CONGRESSIONAL
BUDGET PROCESS
AS AMENDED THROUGH NOVEMBER 30, 2008
----------
COMMITTEE ON THE BUDGET
U.S. HOUSE OF REPRESENTATIVES
Printed for the use of the Committee on the Budget
COMPILATION OF LAWS AND RULES RELATING TO THE CONGRESSIONAL BUDGET
PROCESS
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[COMMITTEE PRINT]
COMPILATION OF LAWS AND RULES
RELATING TO THE CONGRESSIONAL
BUDGET PROCESS
AS AMENDED THROUGH NOVEMBER 30, 2008
__________
COMMITTEE ON THE BUDGET
U.S. HOUSE OF REPRESENTATIVES
NOVEMBER 2008
Serial No. CP-3
Printed for the use of the Committee on the Budget
------
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COMMITTEE ON THE BUDGET
JOHN M. SPRATT, Jr., South Carolina, Chairman
ROSA L. DeLAURO, Connecticut, PAUL RYAN, Wisconsin,
CHET EDWARDS, Texas Ranking Minority Member
JIM COOPER, Tennessee J. GRESHAM BARRETT, South Carolina
THOMAS H. ALLEN, Maine JO BONNER, Alabama
ALLYSON Y. SCHWARTZ, Pennsylvania SCOTT GARRETT, New Jersey
MARCY KAPTUR, Ohio MARIO DIAZ-BALART, Florida
XAVIER BECERRA, California JEB HENSARLING, Texas
LLOYD DOGGETT, Texas DANIEL E. LUNGREN, California
EARL BLUMENAUER, Oregon MICHAEL K. SIMPSON, Idaho
MARION BERRY, Arkansas PATRICK T. McHENRY, North Carolina
ALLEN BOYD, Florida CONNIE MACK, Florida
JAMES P. McGOVERN, Massachusetts K. MICHAEL CONAWAY, Texas
NIKI TSONGAS, Massachusetts JOHN CAMPBELL, California
ROBERT E. ANDREWS, New Jersey PATRICK J. TIBERI, Ohio
ROBERT C. ``BOBBY'' SCOTT, Virginia JON C. PORTER, Nevada
BOB ETHERIDGE, North Carolina RODNEY ALEXANDER, Louisiana
DARLENE HOOLEY, Oregon ADRIAN SMITH, Nebraska
BRIAN BAIRD, Washington JIM JORDAN, Ohio
DENNIS MOORE, Kansas
TIMOTHY H. BISHOP, New York
GWEN MOORE, Wisconsin
Professional Staff
Thomas S. Kahn, Staff Director and Chief Counsel
Austin Smythe, Minority Staff Director
Prepared by
Lisa Irving Venus, Committee on the Budget and
Robert F. Weinhagen, Office of Legislative Counsel
INTRODUCTION AND OVERVIEW
----------
The congressional budget process is a framework of laws and
rules that govern the consideration, adoption, and enforcement
of spending, revenue, and debt limit legislation each year.
This compilation includes those laws and rules in addition to
other information relevant to federal budgeting.
Statutes on the Congressional Budget Process
THE CONGRESSIONAL BUDGET AND IMPOUNDMENT
CONTROL ACT OF 1974
The Congressional Budget and Impoundment Control Act of
1974 (CBA and ICA) (Public Law 93-344; 2 U.S.C. 621 et seq.) is
the law that set the foundation for the current congressional
budget process. The CBA established the Committees on the
Budget in the House and Senate and the Congressional Budget
Office and outlined their functions and duties. The CBA
established requirements for adopting concurrent resolutions on
the budget and the optional reconciliation process. The ICA
also added impoundment control provisions.
The CBA and ICA have been amended several times. Some
amendments, however, are non-operative. For example, certain
enforcement provisions of the Balanced Budget and Emergency
Deficit Control Act of 1985 (BBEDCA), as amended by the Budget
Enforcement Act of 1990 (BEA), have expired and the United
States Supreme Court has ruled the Line Item Veto Act
unconstitutional. Nevertheless, for historical and informative
purposes, the full text of such legislation can be found in the
Appendix of this compilation.
Definitions found in BBEDCA as amended by the BEA are
included in the main text of this compilation since those
definitions remain useful for practical purposes.
The amendments to the CBA are outlined below in order of
enactment.
Balanced Budget and Emergency Deficit Control Act
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.), which originated as a bill increasing the statutory debt
limit. BBEDCA included several significant budget process
changes including: the requirement of one only 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) which 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.
The 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 and a five-year budget requirement
under the CBA. 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 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.
The 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.
The Line Item Veto Act
The Line Item Veto Act (Public Law 104-130) established
procedures to allow the President to cancel specific budgetary
provisions in laws signed by the President. The United States
Supreme Court ruled the Line Item Veto Act unconstitutional in
Clinton, et al. v. City of New York, et al., 118 S.Ct. 2091
(1998). The Line Item Veto Act has not been repealed and
therefore the law is included in the Appendix of this
compilation.
REQUIREMENTS OF THE PRESIDENT'S BUDGET
Title 31 of the United States Code (Money and Finance) was
enacted on September 13, 1982; a principal component of this
title stems from the Budget and Accounting Act of 1921, as
amended, which established the executive budget process.
Chapter 11 of this title sets forth submission requirements for
the President's budget. Selected provisions of chapter 11 of
title 31 are included in this compilation.
SELECTED PROVISIONS OF THE EMERGENCY ECONOMIC STABILIZATION ACT OF 2008
The Emergency Economic Stabilization Act of 2008 (EESA)
(Public Law 110-343) provides for the purchase of troubled
mortgage-related assets by the federal government pursuant to
the Troubled Assets Relief Program (TARP). EESA includes
several budget-related provisions, such as providing that
activities conducted under TARP be scored 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 includes a
requirement that the Office of Management and Budget submit a
proposal 5 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.
Budget Process Rules of the House of Representatives
and the Senate
HOUSE RULES OF THE 110TH CONGRESS ON BUDGET ENFORCEMENT
At the beginning of 2007, the House of Representatives
instituted several new provisions governing the consideration
of budgetary legislation as part of H. Res. 6 (110th Congress).
These provisions, which are reflected in House rule XXI and
included in this compilation, consist of a Pay-As-You-Go rule
which requires that mandatory spending increases and revenue
decreases be offset, and a rule prohibiting reconciliation
directives from increasing a deficit or decreasing a surplus.
These rules were adopted in addition to standard House rules on
budget process such as requirements that committees submit
their views and estimates to the Committee on the Budget,
requirements of budgetary information and cost estimates for
committee reports, consideration of amendments to the
concurrent resolution on the budget, and jurisdiction of the
Committee on the Budget.
SELECTED HOUSE AND SENATE BUDGETARY PROVISIONS IN S. CON. RES. 21, THE
FISCAL YEAR 2008 BUDGET RESOLUTION AND S. CON. RES. 70, THE FISCAL YEAR
2009 BUDGET RESOLUTION
The Senate and House of Representatives also established
several budget process rules as part of the budget resolutions
for fiscal years 2008 and 2009. For example, under S. Con. Res.
21, the fiscal year 2008 budget resolution, the Senate adopted
PAYGO and reconciliation rules similar to those adopted by the
House of Representatives under H. Res. 6 (110th Congress). The
Senate also established rules on short- and long-term deficits
in S. Con. Res. 70, the fiscal year 2009 budget resolution.
JURISDICTION OF THE COMMITTEES ON THE BUDGET
The jurisdictions of the Committees on the Budget for the
House of Representatives and the Senate are established under
congressional rules and, also in the Senate, pursuant to a long
standing agreement and a resolution adopted during the 108th
Congress.
Appendix
The Appendix of this compilation includes additional
resources useful in understanding the congressional budget
process.
SELECTED PROVISIONS OF THE UNITED STATES CONSTITUTION
The Constitution of the United States is the fundamental
law of the nation. Several provisions in the Constitution
establish the ``power of the purse,'' which grants Congress
authority to raise and spend money. The Constitution also
includes a provision requiring that revenue measures originate
in the House of Representatives rather than the Senate.
SCOREKEEPING GUIDELINES
The Congressional Budget Office, the Office of Management
and Budget, and the House and Senate Budget Committees follow
specific rules for determining the budgetary impact 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
In recent years, the concurrent resolution on the budget
has included limits on the amounts and uses of advance
appropriations. The Appendix includes an overview of these
limits.
LAWS INCLUDED FOR HISTORICAL PURPOSES
The Appendix includes expired enforcement provisions of the
Balanced Budget and Emergency Control Act of 1985, as amended
by the Budget Enforcement Act of 1990, for historical purposes.
The Appendix also includes the Line Item Veto Act which,
although ruled unconstitutional by the United States Supreme
Court, has yet to be repealed.
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 II--Congressional Budget Office........................ 7
Title III--Congressional Budget Process...................... 13
Title IV--Additional Provisions to Improve Fiscal Procedures. 38
Part A--General Provisions............................... 38
Part B--Federal Mandates................................. 41
Title V--Credit Reform....................................... 52
Title VII--Program Review and Evaluation..................... 58
Title VIII................................................... 59
Title IX--Miscellaneous Provisions; Effective Dates.......... 59
Title X--Impoundment Control................................. 60
Part A--General Provisions............................... 60
Part B--Congressional Consideration of Proposed
Rescissions, Reservations, and Deferrals of Budget
Authority.............................................. 61
Part C--Line Item Veto................................... 68
Selected Provisions of the Balanced Budget and Emergency Deficit
Control Act of 1985 (Gramm-Rudman-Hollings)
Sec. 250. Definitions........................................ 71
Sec. 257. The baseline....................................... 75
Freestanding Provisions of Subtitles C and E of the Budget
Enforcement Act of 1990
Sec. 13301. Off-budget status of the OASDI trust funds....... 81
Sec. 13302. Protection of OASDI trust funds in the House of
Representatives............................................ 81
Sec. 13305. Exercise of rulemaking power..................... 83
Sec. 13306. Effective date................................... 83
Sec. 13501. Financial safety and soundness of government-
sponsored enterprises...................................... 84
Selected Provisions of Chapter 11 of Title 31, United States Code
Sec. 1105. Budget contents and submissions to Congress...... 89
Sec. 1106. Supplemental budget estimates and changes........ 96
Sec. 1109. Current programs and activities.................. 97
Selected Provisions of the Unfunded Mandates Reform Act of 1995
Sec. 103. Cost of regulations................................ 101
Sec. 105. Consideration for Federal funding.................. 101
Sec. 106. Impact on local governments........................ 101
Sec. 107. Enforcement in the House of Representatives........ 102
Sec. 201. Regulatory process................................. 103
Sec. 202. Statements to accompany significant regulatory
actions.................................................... 103
Sec. 203. Small government agency plan....................... 104
Sec. 204. State, local, and tribal government input.......... 104
Sec. 205. Least burdensome option or explanation required.... 105
Sec. 206. Assistance to the Congressional Budget Office...... 105
Sec. 207. Pilot program on small government flexibility...... 105
Sec. 208. Annual statements to Congress on agency compliance. 106
Sec. 209. Effective date..................................... 106
Sec. 304. Annual report to Congress regarding Federal court
rulings.................................................... 106
Sec. 305. Definition......................................... 106
Sec. 401. Judicial review.................................... 106
Selected Provisions of the Emergency Economic Stabilization Act
of 2008
Sec. 123. Credit reform...................................... 111
Sec. 134. Recoupment......................................... 111
Sec. 201. Information for congressional support agencies..... 111
Sec. 202. Reports by the Office of Management and Budget and
the Congressional Budget Office............................ 112
Sec. 203. Analysis in President's budget..................... 112
Sec. 204. Emergency treatment................................ 113
House Rules of the 110th Congress on Budgetary Enforcement
Rule X:
Clause 2(d)(1). Oversight plans by standing committees to
include reviews of laws, programs, and agencies........ 117
Clause 4(f). Submission of views and estimates for the
concurrent resolution on the budget by standing
committees............................................. 117
Clause 11(c)(3). Submission of views and estimates for
the concurrent resolution on the budget by the
Permanent Select Committee on Intelligence............. 118
Rule XIII:
Clause 3(c)(2) and (3). Budgetary information
requirements in committee reports...................... 118
Clause 3(d). Requirements of cost estimates and budgetary
comparisons in committee reports....................... 119
Rule XVIII:
Clause 10. Consideration of amendments to the concurrent
resolution on the budget............................... 119
Rule XXI:
Clause 2(e). Prohibition against designating non-
emergency provisions as emergencies.................... 120
Clause 7. Prohibition against reconciliation directives
that increase a deficit or decrease a surplus.......... 120
Clause 8. Similar treatment of reported and unreported
measures under Title III of the Congressional Budget
Act.................................................... 120
Clause 10. Pay-as-you-go point of order.................. 121
Rule XXVIII:
Statutory Limit on the Public Debt....................... 121
H. Res. 6 (110th Congress)................................... 122
Sec. 511 (a)(1), (2), and (3). Separate Orders........... 122
Selected Provisions in S. Con. Res. 21, the concurrent resolution
on budget for fiscal year 2008 (110th Congress)
Sec. 201. Pay as you go point of order in the Senate......... 127
Sec. 202. Point of order against reconciliation increasing
the deficit in the Senate.................................. 128
Sec. 204. Emergency legislation.............................. 129
Sec. 205. Point of order extensions in the Senate............ 131
Selected Provisions in S. Con. Res. 70, the concurrent resolution
on budget for fiscal year 2009 (110th Congress)
Sec. 301. Program integrity initiatives and other adjustments 135
Sec. 302. Point of order against advance appropriations in
the House.................................................. 137
Sec. 311. Point of order against legislation increasing long-
term deficits in the Senate................................ 137
Sec. 312. Discretionary spending limits, program integrity
initiatives, and other adjustments in the Senate........... 138
Sec. 313. Point of order against advance appropriations in
the Senate................................................. 140
Sec. 314. Point of order against appropriations legislation
that constitute changes in mandatory programs in the Senate 141
Sec. 315. Point of order against legislation increasing
short-term deficits in the Senate.......................... 143
Sec. 321. Oversight of government performance................ 143
Sec. 322. Budgetary treatment of certain discretionary
administrative expenses.................................... 143
Sec. 323. Application and effect of changes in allocations
and aggregates............................................. 144
Sec. 324. Adjustments to reflect changes in concepts and
definitions................................................ 144
Sec. 325. Exercise of rulemaking powers...................... 144
Jurisdiction of the House Budget Committee
Rule X:
Clause 1(d).............................................. 147
Clause 3(b).............................................. 147
Clause 4(b).............................................. 147
Jurisdiction of the Senate Budget Committee
Rule XXV:
Clause (1)(e). Rules for Standing Committees............. 149
Unanimous Consent Agreement of January 30, 1975 as modified.. 149
S. Res. 445 (108th Congress)................................. 150
Sections 101 (d) and (e)................................. 150
Appendix
Selected Provisions of the United States Constitution........ 155
Scorekeeping Guidelines of the Congressional Budget Office
and the Office of Management and Budget.................... 156
Advance Appropriations Summary............................... 162
Balanced Budget and Emergency Deficit Control Act of 1985.... 163
Line211ATTORNEY: RFW/FD (June 18, 1999) deg. deg.
======================================================================
CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974
Public Law 93-344, July 12, 1974, 88 Stat. 297
======================================================================
Major Amendments:
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.
Line Item Veto Act; Public Law 104-130; April 9, 1996; 110
Stat. 1200.
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 Restortation Act; Public Law 105-206; July 22, 1998; 115
Stat. 865.
START OF STATUTE deg.STATUTE
NAME=CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT
OF 1974 deg.[As Amended Through P.L. 106-554, Enacted December 21,
2000]
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 Line Item Veto Act of 1996 was declared unconstitutional by
the United States Supreme Court but has not been repealed. See the
Appendix for the text of the Line Item Veto Act.
---------------------------------------------------------------------------
(b) Table of Contents.--
Sec. 1. Short titles; table of contents.
Sec. 2. Declaration of purposes.
Sec. 3. Definitions.
* * * * * * *
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 of forms of Federal
financial commitment that are not reviewed annually by
Congress.
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 \1\
---------------------------------------------------------------------------
\1\ The Line Item Veto Act of 1996 was declared unconstitutional by
the United States Supreme Court but has not been repealed. See the
Appendix for full text of the Line Item Veto Act.
---------------------------------------------------------------------------
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.
* * * * * * *
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, 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.
(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 \1\
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\1\ Most points of order under this title may be waived or
suspended in the Senate only by the affirmative vote of three-fifths of
the Members duly chosen or sworn. See sec. 904(c) for details.
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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 wCommittees 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) \2\ 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----
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\2\ See also clause 10(b) of rule XVIII and rule XXII of the Rules
of the House of Representatives.
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(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 \1\ 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
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\1\ So in law. Probably should not be capitalized.
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(7) For \1\ 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, \2\ 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.
---------------------------------------------------------------------------
\2\ So in law. Probably should be ``old-age''.
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(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) \1\ 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.
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\1\ See also clauses 4(f) and 11(c)(3) of rule X of the Rules of
the House of Representatives.
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(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 \1\ 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.
---------------------------------------------------------------------------
\1\ So in law. Probably should read ``Committee''.
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(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. \2\ [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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\2\ In the House, the application of section 303 has been modified
beginning with the 106th Congress, and currently with Sec. 511(a)(2) of
H. Res. 6 (110th Congress), 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.
See text of Sec. 511(a)(2) of H. Res. 6 (110th Congress) in this
compilation.
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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. \1\ [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.
---------------------------------------------------------------------------
\1\ See also rule XXII of the Rules of the House of
Representatives.
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provisions relating to the consideration of concurrent resolutions on
the budget
Sec. 305. [2 U.S.C. 636] (a) \2\ Procedure in House of
Representatives After Report of Committee; Debate.----
---------------------------------------------------------------------------
\2\ See also clause 10(a) of rule XVIII of the Rules of the House
of Representatives.
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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 \3\ 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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\3\ Recodified beginning with 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) \1\ 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 \2\ 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.
---------------------------------------------------------------------------
\1\ See also clause 10(c) of rule XVIII of the Rules of the House
of Representatives.
\2\ Recodified beginning with 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) \1\ 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.
---------------------------------------------------------------------------
\1\ So in law. Probably should read ``section 304''.
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(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) \1\ Reports on Legislation
Providing New Budget Authority or Providing an Increase or
Decrease in Revenues or Tax Expenditures.----
---------------------------------------------------------------------------
\1\ See also clauses 3(c)(2) and (d)(2) of rule XIII of the Rules
of the House of Representatives.
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(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.
(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.
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
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----
(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-- \1\
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\1\ A dash was inadvertently omitted as a result of the amendment
made by section 10111 of Public Law 105-33 (111 Stat. 685).
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(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-- \1\
(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 has been enacted.
(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.
adjustments
Sec. 314. [2 U.S.C. 645] (a) Adjustments.----
(1) In general.--After the reporting of a bill or
joint resolution, 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 shall make the
adjustments set forth in paragraph (2) for the amount
of new budget authority in that measure (if that
measure meets the requirements set forth in subsection
(b)) and the outlays flowing from that budget
authority.
(2) Matters to be adjusted.--The adjustments
referred to in paragraph (1) are to be made to----
(A) the discretionary spending limits, if
any, set forth in the appropriate concurrent
resolution on the budget;
(B) the allocations made pursuant to the
appropriate concurrent resolution on the budget
pursuant to section 302(a); and
(C) the budgetary aggregates as set forth
in the appropriate concurrent resolution on the
budget.
(b) Amounts of Adjustments.--The adjustment referred to in
subsection (a) shall be----
(1) an amount provided and designated as an
emergency requirement pursuant to section 251(b)(2)(A)
or 252(e) of the Balanced Budget and Emergency Deficit
Control Act of 1985;
(2) an amount provided for continuing disability
reviews subject to the limitations in section
251(b)(2)(C) of that Act;
(3) for any fiscal year through 2002, an amount
provided that is the dollar equivalent of the Special
Drawing Rights with respect to----
(A) an increase in the United States quota
as part of the International Monetary Fund
Eleventh General Review of Quotas (United
States Quota); or
(B) 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);
(4) an amount provided not to exceed $1,884,000,000
for the period of fiscal years 1998 through 2000 for
arrearages for international organizations,
international peacekeeping, and multilateral
development banks;
(5) an amount provided for an earned income tax
credit compliance initiative but not to exceed----
(A) with respect to fiscal year 1998,
$138,000,000 in new budget authority;
(B) with respect to fiscal year 1999,
$143,000,000 in new budget authority;
(C) with respect to fiscal year 2000,
$144,000,000 in new budget authority;
(D) with respect to fiscal year 2001,
$145,000,000 in new budget authority; and
(E) with respect to fiscal year 2002,
$146,000,000 in new budget authority; or
(6) in the case of an amount for adoption incentive
payments (as defined in section 251(b)(2)(G) of the
Balanced Budget and Emergency Deficit Control Act of
1985) for fiscal year 1999, 2000, 2001, 2002, or 2003
for the Department of Health and Human Services, an
amount not to exceed $20,000,000.
(c) 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.
(d) 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.
(e) Definitions for CDRs.--As used in subsection (b)(2)----
(1) the term ``continuing disability reviews''
shall have the same meaning as provided in section
251(b)(2)(C)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985; and
(2) the term ``new budget authority'' shall have
the same meaning as the term ``additional new budget
authority'' and the term ``outlays'' shall have the
same meaning as ``additional outlays'' in that section.
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. \1\
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\1\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.
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(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) \1\ 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.
---------------------------------------------------------------------------
\1\ So in law. Probably should have been amended to read ``section
302(a)''.
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(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. \1\ [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----
---------------------------------------------------------------------------
\1\ See also clause 3(c)(3) of rule XIII of the Rules of the House
of Representatives.
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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.
* * * * * * *
study by the general accounting office of forms of federal financial
commitment that are not reviewed annually by congress
Sec. 404. [2 U.S.C. 654] The General Accounting Office
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.
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 \1\
SEC. 421. [2 U.S.C. 658] DEFINITIONS.
For purposes of this part:
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\1\ Part B 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 (P.L. 104-4; 109 Stat. 50).
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(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))
\1\; or
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\1\ So in law. Second closing parenthesis probably should not
appear.
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(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. \1\
---------------------------------------------------------------------------
\1\ Clause 11(a) of Rule XVIII of the Rules of the House of
Representatives 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.
---------------------------------------------------------------------------
(a) In General.--It shall not be in order in the Senate or
the House of Representatives to consider----
(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) \1\)
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) \1\, 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.
---------------------------------------------------------------------------
\1\ So in law. Probably 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 repealed by Sec. 10118(a) of Public Law 105-33 (111 Stat.
695)]
TITLE VII--PROGRAM REVIEW AND EVALUATION
* * * * * * *
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
NOTE:
Title VIII, which addressed procedures for changing functional
categories, was superseded by 31 USC Sec. 1104(c). Title VIII provided
that ``Any change in the functional categories set forth in the Budget
of the United States Government transmitted pursuant to section 201 of
the Budget and Accounting Act, 1921, shall be made only in consultation
with the Committee on Appropriations and the Budget of the House of
Representatives and Senate.'' The relevant language in 31 USC Sec.
1104(c) provides ``* * * 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.''
TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES
* * * * * * *
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), and 312(c) of this Act and
sections 258(a)(4)(C), 258A(b)(3)(C)(I) \1\,
258B(f)(1), 258B(h)(1), 258(h)(3) \2\, 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.
---------------------------------------------------------------------------
\1\ So in law. Probably should read ``258A(b)(3)(C)(i)''.
\2\ So in law. Probably 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) \1\, 258B(f)(1),
258B(h)(1), 258(h)(3) \2\, 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\3\.--Subsections (c)(2) and (d)(3) shall expire on
September 30, 2002.
---------------------------------------------------------------------------
\3\ Section 205 of S. Con. Res. 21, the concurrent resolution on
budget for fiscal year 2008 (110th Congress), extended subsections
(c)(2) and (d)(3) of section 904 through September 30, 2017.
---------------------------------------------------------------------------
* * * * * * *
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.
* * * * * * *
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.
Part C--Line Item Veto \1\
NOTE:
Constitutionality of Line Item Veto Act of 1996
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).
---------------------------------------------------------------------------
\1\ The Line Item Veto Act of 1996 has not been repealed. See
Appendix for full text of the Line Item Veto Act.
---------------------------------------------------------------------------
* * * * * * *END OF
STATUTE deg.ATTORNEY: RFW/FD (January 14,
2000) deg.
======================================================================
SELECTED PROVISIONS OF THE BALANCED BUDGET AND EMERGENCY DEFICIT
CONTROL ACT OF 1985
======================================================================
SELECTED PROVISIONS OF THE BALANCED BUDGET AND EMERGENCY DEFICIT
CONTROL ACT OF 1985
----------
SECTIONS 250(c) and 257 OF THE BALANCED BUDGET AND EMERGENCY DEFICIT
CONTROL ACT OF 1985
H4 deg.SEC. 250. [2 U.S.C. 900] TABLE OF CONTENTS; STATEMENT
OF BUDGET ENFORCEMENT THROUGH SEQUESTRATION;
DEFINITIONS.
(a) * * *
* * * * * * *
(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 ``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.
(B) The term ``highway category'' refers to the
following budget accounts or portions thereof that are
subject to the obligation limitations on contract
authority set forth in the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for
Users:
(i) 69-8083-0-7-401 (Federal-Aid Highways).
(ii) 69-8020-0-7-401 (Highway Traffic
Safety Grants).
(iii) 69-8048-0-7-401 (National Motor
Carrier Safety Program).
(iv) 69-8016-0-7-401 (Operations and
Research NHTSA).
(v) 69-8362-0-7-401 (National
Driver Registry).
(vi) 69-8159-0-7-401 (Motor Carrier
Safety Operations and Programs).
(vii) 06-8158-0-7-401 (Motor
Carrier Safety Grants).
(C) Mass transit category.--The term ``mass
transit category'' means the following budget
accounts, or portions of the accounts, that are
subject to the obligation limitations on
contract authority provided in the Safe,
Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users or for which
appropriations are provided in accordance with
authorizations contained in that Act:
(i) 69-1120-0-1-401 (Administrative
Expenses).
(ii) 69-1134-0-1-401 (Capital
Investment Grants).
(iii) 69-8191-0-7-401
(Discretionary Grants).
(iv) 69-1129-0-1-401 (Formula
Grants).
(v) 69-1127-0-1-401 (Interstate
Transfer Grants--Transit).
(vi) 69-1125-0-1-401 (Job Access
and Reverse Commute).
(vii) 69-1122-0-1-401
(Miscellaneous Expired Accounts).
(viii) 69-1121-0-1-401 (Research,
Training and Human Resources).
(ix) 69-8350-0-7-401 (Trust Fund
Share of Expenses).
(x) 69-1137-0-1-401 (Transit
Planning and Research).
(xi) 69-1136-0-1-401 (University
Transportation Research).
(xii) 69-1128-0-1-401 (Washington
Metropolitan Area Transit Authority).
Such term also refers to the Washington Metropolitan
Transit Authority account (69-1128-0-1-401) only for
fiscal year 1999 only for appropriations provided
pursuant to authorizations contained in section 14 of
Public Law 96-184 and Public Law 101-551.
(D) Special rule.--(i) Any outlays in excess of the
discretionary spending limit set forth in section
251(c) for the highway or mass transit category, as
adjusted, for the budget year shall be considered
nondefense category outlays or discretionary category
outlays.
(ii) If the obligation limitations for accounts in
the highway or mass transit category provided in an
appropriation Act for a fiscal year exceed the
obligation limitations set forth in section 8103 of the
Transportation Equity Act for the 21st Century for that
year, as adjusted, the estimated outlays flowing for
each outyear from such excess obligations calculated
pursuant to clause (iii) shall be attributed to the
discretionary category in that outyear.
(iii) For purposes of clause (ii), outlays from
excess obligations shall be determined using the
average of the spendout rates for that category in the
baseline.
(E) \1\ The term ``conservation spending
category'' means discretionary appropriations
for conservation activities in the following
budget accounts or portions thereof providing
appropriations to preserve and protect lands,
habitat, wildlife, and other natural resources,
to provide recreational opportunities, and for
related purposes:
---------------------------------------------------------------------------
\1\ So in law. Section 801 of P.L. 106-291 (114 Stat. 1026) amended
this section by adding new subparagraphs (E) through (K). The margins
of the new subparagraphs do not conform to existing subparagraphs.
---------------------------------------------------------------------------
(i) 14-5033 Bureau of Land
Management Land Acquisition.
(ii) 14-5020 Fish and Wildlife
Service Land Acquisition.
(iii) 14-5035 National Park Service
Land Acquisition and State Assistance.
(iv) 12-9923 Forest Service Land
Acquisition.
(v) 14-5143 Fish and Wildlife
Service Cooperative Endangered Species
Conservation Fund.
(vi) 14-5241 Fish and Wildlife
Service North American Wetlands
Conservation Fund.
(vii) 14-1694 Fish and Wildlife
Service State Wildlife Grants.
(viii) 14-0804 United States
Geological Survey Surveys,
Investigations, and Research, the State
Planning Partnership programs:
Community/Federal Information
Partnership, Urban Dynamics, and
Decision Support for Resource
Management.
(ix) 12-1105 Forest Service State
and Private Forestry, the Forest Legacy
Program, Urban and Community Forestry,
and Smart Growth Partnerships.
(x) 14-1031 National Park Service
Urban Park and Recreation Recovery
program.
(xi) 14-5140 National Park Service
Historic Preservation Fund.
(xii) Youth Conservation Corps.
(xiii) 14-1114 Bureau of Land
Management Payments in Lieu of Taxes.
(xiv) Federal Infrastructure
Improvement (as established in title
VIII of the Department of the Interior
and Related Agencies Appropriations
Act, 2001).
(xv) 13-1460 NOAA Procurement
Acquisition and Construction, the
National Marine Sanctuaries and the
National Estuarine Research Reserve
Systems.
(xvi) 13-1450 NOAA Operations,
Research, and Facilities, the Coastal
Zone Management Act programs, the
National Marine Sanctuaries, the
National Estuarine Research Reserve
Systems, and Coral Restoration
programs.
(xvii) 13-1451 NOAA Pacific Coastal
Salmon Recovery.
(F) \1\ The term ``Federal and State Land
and Water Conservation Fund sub-category''
means discretionary appropriations for
activities in the accounts described in (E)(i)-
(E)(iv) or portions thereof.
(G) \1\ The term ``State and Other
Conservation sub-category'' means discretionary
appropriations for activities in the accounts
described in (E)(v)-(E)(ix), with the exception
of Urban and Community Forestry as described in
(E)(ix), or portions thereof.
(H) \1\ The term ``Urban and Historic
Preservation sub-category'' means discretionary
appropriations for activities in the accounts
described in (E)(ix)-(E)(xii), with the
exception of Forest Legacy and Smart Growth
Partnerships as described in (E)(ix), or
portions thereof.
(I) \1\ The term ``Payments in Lieu of
Taxes sub-category'' means discretionary
appropriations for activities in the account
described in (E)(xiii) or portions thereof.
(J) \1\ The term ``Federal Deferred
Maintenance sub-category'' means discretionary
appropriations for activities in the account
described in (E)(xiv) or portions thereof.
(K) \1\ The term ``Coastal Assistance sub-
category'' means discretionary appropriations
for activities in the accounts described in
(E)(xv)-(E)(xvii) or portions thereof.
(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 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 \1\ 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.
---------------------------------------------------------------------------
\1\ So in law. Probably should read ``expenses of''.
---------------------------------------------------------------------------
(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.
* * * * * * *
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 \1\ between
CBO and OMB.
---------------------------------------------------------------------------
\1\ So in law. Probably should read ``differences''.
---------------------------------------------------------------------------
(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.
* * * * * * *ATTORNEY: RFW/FD (January 14,
2000) deg.
======================================================================
FREESTANDING PROVISIONS OF SUBTITLES C AND E OF THE BUDGET ENFORCEMENT
ACT OF 1990
Public Law 101-508, Nov. 5, 1990, 104 Stat. 1388-573, 1388-623
======================================================================
FREESTANDING PROVISIONS OF SUBTITLES C AND E OF THE BUDGET ENFORCEMENT
ACT OF 1990
----------
START OF STATUTE deg.STATUTE NAME=BUDGET ENFORCEMENT ACT OF
1990--(Subtitles C and E of title XIV) deg.
[As Amended Through P.L. 102-590, Enacted November 10, 1992]
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.
* * * * * * *
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 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.
* * * * * * *
(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.ATTORNEY: RFW/FD (January 14,
2000) deg.
======================================================================
SELECTED PROVISIONS OF CHAPTER 11 OF TITLE 31, UNITED STATES CODE
======================================================================
CHAPTER 11 OF TITLE 31, UNITED STATES CODE
* * * * * * *
SUBTITLE II--THE BUDGET PROCESS
* * * * * * *
CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM 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) \2\ 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.
---------------------------------------------------------------------------
\2\ Another par. (33) is set out after par. (34).
---------------------------------------------------------------------------
(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.
(33) \3\ (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--
---------------------------------------------------------------------------
\3\ So in original. Another par. (33) is set out preceding par.
(34).
---------------------------------------------------------------------------
(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.
(35) 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.
(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. 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.
* * * * * * *ATTORNEY: RFW/FD (January 14,
2000) deg.
======================================================================
SELECTED PROVISIONS OF THE UNFUNDED MANDATES REFORM ACT OF 1995
======================================================================
SELECTED PROVISIONS OF THE UNFUNDED MANDATES REFORM ACT OF 1995
* * * * * * *
TITLE I--LEGISLATIVE ACCOUNTABILITY AND REFORM
* * * * * * *
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. 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.
* * * * * * *
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 NT] 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. 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.
* * * * * * *
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.ATTORNEY: RFW/FD (January 14,
2000) deg.
======================================================================
SELECTED PROVISIONS OF THE EMERGENCY ECONOMIC STABILIZATION ACT OF 2008
======================================================================
SELECTED PROVISIONS OF THE EMERGENCY ECONOMIC STABILIZATION ACT OF 2008
SEC. 123. CREDIT REFORM.
1. (a) In General--Subject to subsection (b), the costs of
purchases of troubled assets made under section 101(a) and
guarantees of troubled assets under section 102, and any cash
flows associated with the activities authorized in section 102
and subsections (a), (b), and (c) of section 106 shall be
determined as provided under the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et. seq.).
(b) Costs--For the purposes of section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))----
(1) the cost of troubled assets and guarantees of troubled
assets shall be calculated by adjusting the discount rate in
section 502(5)(E) (2 U.S.C. 661a(5)(E)) for market risks; and
(2) the cost of a modification of a troubled asset or
guarantee of a troubled asset shall be the difference between
the current estimate consistent with paragraph (1) under the
terms of the troubled asset or guarantee of the troubled asset
and the current estimate consistent with paragraph (1) under
the terms of the troubled asset or guarantee of the troubled
asset, as modified.
* * * * * * *
SEC. 134. RECOUPMENT.
Upon the expiration of the 5-year period beginning upon the
date of the enactment of this Act, the Director of the Office
of Management and Budget, in consultation with the Director of
the Congressional Budget Office, shall submit a report to the
Congress on the net amount within the Troubled Asset Relief
Program under this Act. In any case where there is a shortfall,
the President shall submit a legislative proposal that recoups
from the financial industry an amount equal to the shortfall in
order to ensure that the Troubled Asset Relief Program does not
add to the deficit or national debt.
TITLE II--BUDGET-RELATED PROVISIONS
SEC. 201. INFORMATION FOR CONGRESSIONAL SUPPORT AGENCIES.
Upon request, and to the extent otherwise consistent with
law, all information used by the Secretary in connection with
activities authorized under this Act (including the records to
which the Comptroller General is entitled under this Act) shall
be made available to congressional support agencies (in
accordance with their obligations to support the Congress as
set out in their authorizing statutes) for the purposes of
assisting the committees of Congress with conducting oversight,
monitoring, and analysis of the activities authorized under
this Act.
SEC. 202. REPORTS BY THE OFFICE OF MANAGEMENT AND BUDGET AND THE
CONGRESSIONAL BUDGET OFFICE.
(a) Reports by the Office of Management and Budget--Within
60 days of the first exercise of the authority granted in
section 101(a), but in no case later than December 31, 2008,
and semiannually thereafter, the Office of Management and
Budget shall report to the President and the Congress----
(1) the estimate, notwithstanding section 502(5)(F) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(F)), as of
the first business day that is at least 30 days prior to the
issuance of the report, of the cost of the troubled assets, and
guarantees of the troubled assets, determined in accordance
with section 123;
(2) the information used to derive the estimate, including
assets purchased or guaranteed, prices paid, revenues received,
the impact on the deficit and debt, and a description of any
outstanding commitments to purchase troubled assets; and
(3) a detailed analysis of how the estimate has changed
from the previous report.
Beginning with the second report under subsection (a), the
Office of Management and Budget shall explain the differences
between the Congressional Budget Office estimates delivered in
accordance with subsection (b) and prior Office of Management
and Budget estimates.
(b) Reports by the Congressional Budget Office--Within 45
days of receipt by the Congress of each report from the Office
of Management and Budget under subsection (a), the
Congressional Budget Office shall report to the Congress the
Congressional Budget Office's assessment of the report
submitted by the Office of Management and Budget, including----
(1) the cost of the troubled assets and guarantees of the
troubled assets,
(2) the information and valuation methods used to calculate
such cost, and
(3) the impact on the deficit and the debt.
(c) Financial Expertise--In carrying out the duties in this
subsection or performing analyses of activities under this Act,
the Director of the Congressional Budget Office may employ
personnel and procure the services of experts and consultants.
(d) Authorization of Appropriations--There are authorized
to be appropriated such sums as may be necessary to produce
reports required by this section.
SEC. 203. ANALYSIS IN PRESIDENT'S BUDGET.\1\
(a) In General--Section 1105(a) of title 31, United States
Code, is amended by adding at the end the following new
paragraph:
---------------------------------------------------------------------------
\1\ See also section (35) of Sec. 1105 of Chapter 11 of Title 31 of
the United States Code.
---------------------------------------------------------------------------
(35) 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.'
(b) Consultation--In implementing this section, the
Director of Office of Management and Budget shall consult
periodically, but at least annually, with the Committee on the
Budget of the House of Representatives, the Committee on the
Budget of the Senate, and the Director of the Congressional
Budget Office.
(c) Effective Date--This section and the amendment made by
this section shall apply beginning with respect to the fiscal
year 2010 budget submission of the President.
SEC. 204. EMERGENCY TREATMENT.
All provisions of this Act are designated as an emergency
requirement and necessary to meet emergency needs pursuant to
section 204(a) of S. Con. Res 21 (110th Congress), the
concurrent resolution on the budget for fiscal year 2008 and
rescissions of any amounts provided in this Act shall not be
counted for purposes of budget enforcement.
======================================================================
HOUSE RULES OF THE 110th CONGRESS ON BUDGETARY ENFORCEMENT
======================================================================
HOUSE RULES OF THE 110th CONGRESS ON BUDGETARY ENFORCEMENT
* * * * * * *
RULE X.
Organization of Committees.
* * * * * * *
General oversight responsibilities
* * * * * * *
2. (a) * * *
* * * * * * *
(d)(1) Not later than February 15 of the first session of a
Congress, each standing committee shall, in a meeting that is
open to the public and with a quorum present, adopt its
oversight plan for that Congress. Such plan shall be submitted
simultaneously to the Committee on Government Reform and to the
Committee on House Administration. In developing its plan each
committee shall, to the maximum extent feasible----
(A) consult with other committees that have
jurisdiction over the same or related laws, programs,
or agencies within its jurisdiction with the objective
of ensuring maximum coordination and cooperation among
committees when conducting reviews of such laws,
programs, or agencies and include in its plan an
explanation of steps that have been or will be taken to
ensure such coordination and cooperation;
(B) give priority consideration to including in its
plan the review of those laws, programs, or agencies
operating under permanent budget authority or permanent
statutory authority; and
(C) have a view toward ensuring that all
significant laws, programs, or agencies within its
jurisdiction are subject to review every 10 years.
* * * * * * *
Additional functions of committees
4. (a) * * *
* * * * * * *
Budget Act responsibilities
(f)(1) Each standing committee shall submit to the
Committee on the Budget not later than six weeks after the
President submits his budget, 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 and serve as the
basis for an increase or decrease in the statutory limit on
such debt under the procedures provided by rule XXIII.
* * * * * * *
Permanent Select Committee on Intelligence
11. (a) * * *
* * * * * * *
(c)(1) * * *
* * * * * * *
(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 XIII.
Calendars and Committee Reports.
* * * * * * *
Content of reports
3. (a) * * *
* * * * * * *
(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) * * *
(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.
* * * * * * *
(d) Each report of a committee on a public bill or public
joint resolution shall contain the following:
(1) A statement citing the specific powers granted
to Congress in the Constitution to enact the law
proposed by the bill or joint resolution.
(2)(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.
(3)(A) In subparagraph (2) 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 (2) does not apply to the
Committee on Appropriations, the Committee on House
Administration, the Committee on Rules, or the
Committee on Standards of Official Conduct, 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).
* * * * * * *
RULE XVIII.
The Committee of the Whole House on the State of the Union.
* * * * * * *
Concurrent resolution on the budget
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.
(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.
* * * * * * *
General appropriation bills and amendments
2. (a) * * *
* * * * * * *
(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.
* * * * * * *
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 reducing the surplus or
increasing the deficit for either the period comprising the
current fiscal year and the five fiscal years beginning with
the fiscal year that ends in the following calendar year or the
period comprising the current fiscal year and the ten fiscal
years beginning with the fiscal year that ends in the following
calendar year. In determining whether reconciliation directives
specify changes in law reducing the surplus or increasing the
deficit, the sum of the directives for each reconciliation bill
(under section 310 of the Congressional Budget Act of 1974)
envisioned by that measure shall be evaluated.
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.
* * * * * * *
10. It shall not be in order to consider any bill, joint
resolution, amendment, or conference report if the provisions
of such measure affecting direct spending and revenues have the
net effect of increasing the deficit or reducing the surplus
for either the period comprising the current fiscal year and
the five fiscal years beginning with the fiscal year that ends
in the following calendar year or the period comprising the
current fiscal year and the ten fiscal years beginning with the
fiscal year that ends in the following calendar year. The
effect of such measure on the deficit or surplus shall be
determined on the basis of estimates made by the Committee on
the Budget relative to----
(a) the most recent baseline estimates supplied by
the Congressional Budget Office consistent with section
257 of the Balanced Budget and Emergency Deficit
Control Act of 1985 used in considering a concurrent
resolution on the budget; or
(b) after the beginning of a new calendar year and
before consideration of a concurrent resolution on the
budget, the most recent baseline estimates supplied by
the Congressional Budget Office consistent with section
257 of the Balanced Budget and Emergency Deficit
Control Act of 1985.
* * * * * * *
RULE XXVIII.
Statutory Limit on Public Debt.
1. Upon adoption by Congress of a concurrent resolution on
the budget under section 301 or 304 of the Congressional Budget
Act of 1974 that sets forth, as the appropriate level of the
public debt for the period to which the concurrent resolution
relates, an amount that is different from the amount of the
statutory limit on the public debt that otherwise would be in
effect for that period, the Clerk shall prepare an engrossment
of a joint resolution increasing or decreasing, as the case may
be, the statutory limit on the public debt in the form
prescribed in clause 2. Upon engrossment of the joint
resolution, the vote by which the concurrent resolution on the
budget was finally agreed to in the House shall also be
considered as a vote on passage of the joint resolution in the
House, and the joint resolution shall be considered as passed
by the House and duly certified and examined. The engrossed
copy shall be signed by the Clerk and transmitted to the Senate
for further legislative action.
2. The matter after the resolving clause in a joint
resolution described in clause 1 shall be as follows: ``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 `$__'.'', with
the blank being filled with a dollar limitation equal to the
appropriate level of the public debt set forth pursuant to
section 301(a)(5) of the Congressional Budget Act of 1974 in
the relevant concurrent resolution described in clause 1. If an
adopted concurrent resolution under clause 1 sets forth
different appropriate levels of the public debt for separate
periods, only one engrossed joint resolution shall be prepared
under clause 1; and the blank referred to in the preceding
sentence shall be filled with the limitation that is to apply
for each period.
3. (a) The report of the Committee on the Budget on a
concurrent resolution described in clause 1 and the joint
explanatory statement of the managers on a conference report to
accompany such a concurrent resolution each shall contain a
clear statement of the effect the eventual enactment of a joint
resolution engrossed under this rule would have on the
statutory limit on the public debt.
(b) It shall not be in order for the House to consider a
concurrent resolution described in clause 1, or a conference
report thereon, unless the report of the Committee on the
Budget or the joint explanatory statement of the managers
complies with paragraph (a).
4. Nothing in this rule shall be construed as limiting or
otherwise affecting----
(a) the power of the House or the Senate to
consider and pass bills or joint resolutions, without
regard to the procedures under clause 1, that would
change the statutory limit on the public debt; or
(b) the rights of Members, Delegates, the Resident
Commissioner, or committees with respect to the
introduction, consideration, and reporting of such
bills or joint resolutions.
5. In this rule the term ``statutory limit on the public
debt'' means the maximum face amount of obligations issued
under authority of chapter 31 of title 31, United States Code,
and obligations guaranteed as to principal and interest by the
United States (except such guaranteed obligations as may be
held by the Secretary of the Treasury), as determined under
section 3101(b) of such title after the application of section
3101(a) of such title, that may be outstanding at any one time.
* * * * * * *
H. RES. 6 (110th CONGRESS)
SEC. 511. SEPARATE ORDERS.
(a) Budget Matters--(1) During the One Hundred Tenth
Congress, references in section 306 of the Congressional Budget
Act of 1974 to a resolution shall be construed in the House of
Representatives as references to a joint resolution.
(2) During the One Hundred Tenth Congress, in the case of a
reported bill or joint resolution considered pursuant to a
special order of business, a point of order under section 303
of the Congressional Budget Act of 1974 shall be determined on
the basis of 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.
(3) During the One Hundred Tenth Congress, a provision in a
bill or joint resolution, or in an amendment thereto or a
conference report thereon, that establishes prospectively for a
Federal office or position a specified or minimum level of
compensation to be funded by annual discretionary
appropriations shall not be considered as providing new
entitlement authority under section 401 of the Congressional
Budget Act of 1974.
* * * * * * *
======================================================================
SELECTED PROVISIONS IN S. CON. RES. 21,
110TH CONGRESS
======================================================================
SELECTED PROVISIONS IN 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. 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.
* * * * * * *
======================================================================
SELECTED PROVISIONS OF S. CON. RES. 70,
110TH CONGRESS
======================================================================
SELECTED PROVISIONS OF S. CON. RES. 70,
110TH CONGRESS
* * * * * * *
TITLE III--BUDGET ENFORCEMENT
SEC. 301. PROGRAM INTEGRITY INITIATIVES AND OTHER ADJUSTMENTS.
(a) Adjustments to Discretionary Spending Limits----
(1) Continuing Disability Reviews and Supplemental
Security Income Redeterminations--In the House, prior
to consideration of any bill, joint resolution,
amendment, or conference report making appropriations
for fiscal year 2009 that appropriates $264,000,000 for
continuing disability reviews and Supplemental Security
Income redeterminations for the Social Security
Administration, and provides an additional
appropriation of up to $240,000,000, and the amount is
designated for continuing disability reviews and
Supplemental Security Income redeterminations for the
Social Security Administration, the allocation to the
Committee on Appropriations shall be increased by the
amount of the additional budget authority and outlays
resulting from that budget authority for fiscal year
2009.
(2) Internal Revenue Service Tax Compliance--In the
House, prior to consideration of any bill, joint
resolution, amendment, or conference report making
appropriations for fiscal year 2009 that appropriates
$6,997,000,000 to the Internal Revenue Service and the
amount is designated to improve compliance with the
provisions of the Internal Revenue Code of 1986 and
provides an additional appropriation of up to
$490,000,000, and the amount is designated to improve
compliance with the provisions of the Internal Revenue
Code of 1986, the allocation to the Committee on
Appropriations shall be increased by the amount of the
additional budget authority and outlays resulting from
that budget authority for fiscal year 2009.
(3) Health Care Fraud and Abuse Control Program--In
the House, prior to consideration of any bill, joint
resolution, amendment, or conference report making
appropriations for fiscal year 2009 that appropriates
up to $198,000,000 and the amount is designated to the
health care fraud and abuse control program at the
Department of Health and Human Services, the allocation
to the Committee on Appropriations shall be increased
by the amount of additional budget authority and
outlays resulting from that budget authority for fiscal
year 2009.
(4) Unemployment Insurance Program Integrity
Activities--In the House, prior to consideration of any
bill, joint resolution, amendment, or conference report
making appropriations for fiscal year 2009 that
appropriates $10,000,000 for in-person reemployment and
eligibility assessments and unemployment insurance
improper payment reviews for the Department of Labor
and provides an additional appropriation of up to
$40,000,000, and the amount is designated for in-person
reemployment and eligibility assessments and
unemployment insurance improper payment reviews for the
Department of Labor, the allocation to the Committee on
Appropriations shall be increased by the amount of
additional budget authority and outlays resulting from
that budget authority for fiscal year 2009.
(b) Costs of Overseas Deployments and Emergency Needs----
(1) Overseas Deployments and Related Activities----
(A) In the House, if any bill, joint
resolution, amendment, or conference report
makes appropriations for fiscal year 2008 or
fiscal year 2009 for overseas deployments and
related activities and such amounts are so
designated pursuant to this subparagraph, then
the allocation to the Committee on
Appropriations may be adjusted by the amounts
provided in such legislation for that purpose
up to the amounts of budget authority specified
in section 104(21) for fiscal year 2008 or
fiscal year 2009 and the new outlays resulting
therefrom.
(B) In the House, if any bill, joint
resolution, amendment, or conference report
makes appropriations for fiscal year 2008 or
fiscal year 2009 for overseas deployments and
related activities above the amounts of budget
authority and new outlays specified in
subparagraph (A) and such amounts are so
designated pursuant to this subparagraph, then
new budget authority, outlays, or receipts
resulting therefrom shall not count for the
purposes of titles III and IV of the
Congressional Budget Act of 1974.
(2) Emergency Needs--In the House, if any bill,
joint resolution, amendment, or conference report 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 count for the purposes of
titles III and IV of the Congressional Budget Act of
1974.
(c) Procedure for Adjustments----
(1) In General--In the House, prior to
consideration of any bill, joint resolution, amendment,
or conference report, the Chairman of the Committee on
the Budget shall make the adjustments set forth in
subsection (a) for the incremental new budget authority
in that measure and the outlays resulting from that
budget authority if that measure meets the requirements
set forth in subsection (a), except that no adjustment
shall be made for provisions exempted for the purposes
of titles III and IV of the Congressional Budget Act of
1974 under subsection (b) of this section.
(2) Matters to be Adjusted--The adjustments referred to in
paragraph (1) are to be made to the allocations made under this
concurrent resolution on the budget pursuant to section 302(a)
of the Congressional Budget Act of 1974.
(d) Supplemental Appropriations for Fiscal Year 2008--In
the House, if any measure making supplemental appropriations
for fiscal year 2008 is enacted, the Chairman of the Committee
on the Budget shall make the appropriate adjustments in
allocations and aggregates to reflect the difference between
such measure and the corresponding levels assumed in this
resolution.
SEC. 302. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.\1\
(a) In General--In the House, except as provided in
subsection (b), any bill, joint resolution, amendment, or
conference report making a general appropriation or continuing
appropriation may not provide for advance appropriations.
---------------------------------------------------------------------------
\1\ See the Appendix for Advance Appropriations Summary.
---------------------------------------------------------------------------
(b) Exceptions--In the House, an advance appropriation may
be provided for fiscal year 2010 for programs, projects,
activities, or accounts identified in the joint explanatory
statement of managers to accompany this resolution under the
heading `Accounts Identified for Advance Appropriations' in an
aggregate amount not to exceed $28,852,000,000 in new budget
authority, and for 2011, accounts separately identified under
the same heading.
(c) Definition--In this section, 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 2009 that first becomes
available for any fiscal year after 2009.
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 INTEGRITY INITIATIVES,
AND OTHER ADJUSTMENTS.
(a) Senate Point of Order----
(1) In General--Except as otherwise provided in
this section, it shall not be in order in the Senate to
consider any bill or joint resolution (or amendment,
motion, or conference report on that bill or joint
resolution) that would cause the discretionary spending
limits in this section to be exceeded.
(2) Supermajority Waiver and Appeals----
(A) Waiver--This subsection may be waived
or suspended in the Senate only by the
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. 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.
(b) Senate Discretionary Spending Limits--In the Senate and
as used in this section, the term `discretionary spending
limit' means----
(1) for fiscal year 2008, $1,050,478,000,000 in new
budget authority and $1,094,944,000,000 in outlays; and
(2) for fiscal year 2009, $1,011,718,000,000 in new
budget authority and $1,106,112,000,000 in outlays;
as adjusted in conformance with the adjustment procedures
in subsection (c).
(c) Adjustments in the Senate----
(1) In General--After the reporting of a bill or
joint resolution relating to any matter described in
paragraph (2), or the offering of an amendment thereto
or the submission of a conference report thereon----
(A) the Chairman of the Senate Committee on
the Budget may adjust the discretionary
spending limits, budgetary aggregates, and
allocations pursuant to section 302(a) of the
Congressional Budget Act of 1974, by the amount
of new budget authority in that measure for
that purpose and the outlays flowing therefrom;
and
(B) following any adjustment under
subparagraph (A), the Senate Committee on
Appropriations may report appropriately revised
suballocations pursuant to section 302(b) of
the Congressional Budget Act of 1974 to carry
out this subsection.
(2) Matters Described--Matters referred to in
paragraph (1) are as follows:
(A) Continuing Disability Reviews and SSI
Redeterminations--If a bill or joint resolution
is reported making appropriations for fiscal
year 2009 that appropriates $264,000,000 for
continuing disability reviews and Supplemental
Security Income redeterminations for the Social
Security Administration, and provides an
additional appropriation of up to $240,000,000
for continuing disability reviews and
Supplemental Security Income redeterminations
for the Social Security Administration, then
the discretionary spending limits, allocation
to the Senate Committee on Appropriations, and
aggregates may be adjusted by the amounts
provided in such legislation for that purpose,
but not to exceed $240,000,000 in budget
authority and outlays flowing therefrom for
fiscal year 2009.
(B) Internal Revenue Service Tax
Enforcement--If a bill or joint resolution is
reported making appropriations for fiscal year
2009 that appropriates $6,997,000,000 for the
Internal Revenue Service for enhanced tax
enforcement to address the Federal tax gap
(taxes owed but not paid) and provides an
additional appropriation of up to $490,000,000
for the Internal Revenue Service for enhanced
tax enforcement to address the Federal tax gap,
then the discretionary spending limits,
allocation to the Senate Committee on
Appropriations, and aggregates may be adjusted
by the amounts provided in such legislation for
that purpose, but not to exceed $490,000,000 in
budget authority and outlays flowing therefrom
for fiscal year 2009.
(C) Health Care Fraud and Abuse Control--If
a bill or joint resolution is reported making
appropriations for fiscal year 2009 that
appropriates up to $198,000,000 to the Health
Care Fraud and Abuse Control program at the
Department of Health and Human Services, then
the discretionary spending limits, allocation
to the Senate Committee on Appropriations, and
aggregates may be adjusted by the amounts
provided in such legislation for that purpose,
but not to exceed $198,000,000 in budget
authority and outlays flowing therefrom for
fiscal year 2009.
(D) Unemployment Insurance Improper Payment
Reviews--If a bill or joint resolution is
reported making appropriations for fiscal year
2009 that appropriates $10,000,000 for in-
person reemployment and eligibility assessments
and unemployment insurance improper payment
reviews, and provides an additional
appropriation of up to $40,000,000 for in-
person reemployment and eligibility assessments
and unemployment insurance improper payment
reviews, then the discretionary spending
limits, allocation to the Senate Committee on
Appropriations, and aggregates may be adjusted
by the amounts provided in such legislation for
that purpose, but not to exceed $40,000,000 in
budget authority and outlays flowing therefrom
for fiscal year 2009.
(3) Adjustments for Overseas Deployments and Other
Activities--The Chairman of the Senate Committee on the
Budget may adjust the discretionary spending limits,
allocations to the Senate Committee on Appropriations,
and aggregates for one or more----
(A) bills reported by the Senate Committee
on Appropriations or passed by the House of
Representatives;
(B) joint resolutions or amendments
reported by the Senate Committee on
Appropriations;
(C) amendments between the Houses received
from the House of Representatives or Senate
amendments offered by the authority of the
Senate Committee on Appropriations; or
(D) conference reports;
making appropriations for fiscal year 2008 or 2009 for
overseas deployments and other activities, by the amounts
provided in such legislation for those purposes (and so
designated pursuant to this paragraph), up to the amounts of
budget authority specified in section 104(21) for fiscal years
2008 and 2009 and the new outlays flowing therefrom.
(d) Supplemental Appropriations for Fiscal Year 2008- If
legislation making supplemental appropriations for fiscal year
2008 is enacted, the Chairman of the Senate Committee on the
Budget may make the appropriate adjustments in allocations,
aggregates, discretionary spending limits, and other levels of
new budget authority and outlays for 2008 and 2009 to reflect
the difference between such measure and the corresponding
levels assumed in this resolution.
(e) Inapplicability--In the Senate, subsections (a), (b),
(c), (e), and (f) of section 207 of S. Con. Res. 21 (110th
Congress) shall no longer apply.
SEC. 313. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.\2\
(a) In General----
(1) Point of Order--Except as provided in
subsection (b), 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.
(2) Definition--In this section, the term `advance
appropriation' means any new budget authority provided
in a bill or joint resolution making appropriations for
fiscal year 2009 that first becomes available for any
fiscal year after 2009, or any new budget authority
provided in a bill or joint resolution making general
appropriations or continuing appropriations for fiscal
year 2010, that first becomes available for any fiscal
year after 2010.
(b) Exceptions--Advance appropriations may be provided----
(1) for fiscal years 2010 and 2011 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 $28,852,000,000 in new budget authority in
each year; and
(2) for the Corporation for Public Broadcasting.
(c) Supermajority Waiver and Appeal----
(1) Waiver--In the Senate, subsection (a) may be
waived or suspended 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 to sustain an appeal of the ruling of the
Chair on a point of order raised under subsection (a).
(d) Form of Point of Order--A point of order under
subsection (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 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) Inapplicability--In the Senate, section 206(a) of S.
Con. Res. 21 (110th Congress) shall no longer apply.
---------------------------------------------------------------------------
\2\ See the Appendix for Advance Appropriations Summary.
---------------------------------------------------------------------------
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.
SEC. 315. SENATE 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.----
(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) 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.
(d) Sunset.--This section shall expire on September 30,
2017.
SEC. 321. OVERSIGHT OF GOVERNMENT PERFORMANCE.
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
appropriate Committee on the Budget.
SEC. 322. BUDGETARY TREATMENT OF CERTAIN DISCRETIONARY ADMINISTRATIVE
EXPENSES.
(a) In General--In the House and 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 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 Committees on Appropriations amounts for the
discretionary administrative expenses of the Social Security
Administration and of the Postal Service.
(b) Special Rule--In the House, for purposes of applying
section 302(f) of the Congressional Budget Act of 1974,
estimates of the level of total new budget authority and total
outlays provided by a measure shall include any off-budget
discretionary amounts.
SEC. 323. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS AND
AGGREGATES.
(a) Application--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 appropriate
Committee on the Budget.
(d) Adjustments--The Chairmen of the Budget Committees in
the House and the Senate may adjust the aggregates,
allocations, and other levels in this resolution for
legislation which has received final Congressional approval in
the same form by the House of Representatives and the Senate,
and is either waiting to be presented to the President or
awaiting Presidential signature at the time of final
consideration of this resolution.
SEC. 324. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND DEFINITIONS.
Upon the enactment of any bill or joint resolution
providing for a change in concepts or definitions, the Chairman
of the appropriate 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. 325. EXERCISE OF RULEMAKING POWERS.
Congress adopts the provisions of this title----
(1) as an exercise of the rulemaking power of the
House of Representatives and the Senate and as such
they shall be considered as part of the rules of each
House or of that House to which they specifically
apply, and these rules shall supersede other rules only
to the extent that they are inconsistent with other
such rules; and
(2) with full recognition of the constitutional
right of either the House of Representatives or the
Senate to change those rules at any time, in the same
manner, and to the same extent as in the case of any
other rule of the House of Representatives or the
Senate.ATTORNEY: RFW/FD (September 9,
1999) deg.
======================================================================
JURISDICTIONS OF THE HOUSE AND SENATE
BUDGET COMMITTEES
======================================================================
JURISDICTION OF HOUSE BUDGET COMMITTEE
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:
(a) * * *
* * * * * * *
(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.
* * * * * * *
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 OF SENATE BUDGET COMMITTEE
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.
__________
S. RES. 445 (108th CONGRESS) \1\
Sec. 101. (a) * * *
---------------------------------------------------------------------------
\1\ 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.
---------------------------------------------------------------------------
(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----
(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.
======================================================================
APPENDIX
======================================================================
SELECTED PROVISIONS OF THE UNITED STATES CONSTITUTION
Article I, Section 7, First Clause
All Bills for raising Revenue shall originate in the House
of Representatives; but the Senate may propose or concur with
Amendments as on other Bills.
Article I, Section 8, First and Second Clauses
The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for
the common Defence and general Welfare of the United States;
but all Duties, Imposts and Excises shall be uniform throughout
the United States;
To borrow Money on the credit of the United States;
Article I, Section 9, Seventh Clause
No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular
Statement and Account of the Receipts and Expenditures of all
public Money shall be published from time to time.
----------
SCOREKEEPING GUIDELINES OF THE CONGRESSIONAL BUDGET OFFICE AND THE
OFFICE OF MANAGEMENT AND BUDGET \1\
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 \2\
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.
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\1\ From the Joint Explanatory Statement of the Committee of
Conference on H.R. 2015 (105th Congress) and Appendix A of Circular No.
A-11.
\2\ GRH refers to the Balanced Budget and Emergency Deficit Control
Act of 1985, also known as the Gramm-Rudman-Hollings Act, which is
included in the Appendix. Although GRH expired, certain sections of the
law remain relevant for scorekeeping purposes.
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1. classification of appropriations
Following the guidelines (pages 1014--1053 of conference
report) 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.
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 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, such provisions will
be scored to the first bill enacted.
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 and 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
is 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. Non-law 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 write-off 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 of the government
is positive (a loss), the proceeds from the sale shall not be
scored for the purposes of the CBA or GRH.
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.
----------
ADVANCE APPROPRIATIONS SUMMARY
An appropriation bill provides budget authority (BA) that
allows the federal government to incur obligations that will
result in money being spent (outlays). Typically, an
appropriations bill provides funding that becomes available
sometime during the fiscal year covered by the bill (for most
accounts, on October 1). For example, an appropriations bill
for fiscal year 2009 would include BA that becomes available to
be spent on October 1, 2008, which is the first day of fiscal
year 2009.
Advance appropriations are BA provided in a bill making
appropriations for one year that first becomes available for a
subsequent fiscal year, usually the year immediately after the
one covered by the bill. Congress uses advance appropriations
for programs that do not need the funding immediately, often
for programs that follow an academic year and therefore use the
bulk of their funding for the year following the fiscal year in
which it is provided. For example, an education program's
advance appropriations for fiscal year 2010 contained in a
fiscal year 2009 appropriations bill become available on
October 1, 2009, and are thus scored in fiscal year 2010 and
not included in the bill's fiscal year 2009 score.
Recent congressional budget resolutions have limited
advance appropriations to a specific total, and allowed their
use only for programs listed in the Statement of Managers
accompanying the budget conference agreement. The fiscal year
2009 budget resolution limits advance appropriations to no more
than $28.852 billion.
======================================================================
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 Restortation Act; Public Law 105-206; July 22, 1998. 115
Stat. 865.
[As Amended Through P.L. 109-59, Enacted August 10, 2005]
NOTE:
Expiration of Balanced Budget and Emergency Deficit Conrtol Act of 1985
As of September 30, 2006, all provisions of the Balanced
Budget and Emergency Deficit Conrtol Act of 1985 expired. See
section 275(b) of that Act.
PART C--EMERGENCY POWERS TO ELIMINATE DEFICITS IN EXCESS OF MAXIMUM
DEFICIT AMOUNT
H4 deg.SEC. 250. [2 U.S.C. 900] TABLE OF CONTENTS; STATEMENT
OF BUDGET ENFORCEMENT THROUGH SEQUESTRATION;
DEFINITIONS.
(a) Table of Contents.--
Sec. 250. Table of contents; budget enforcement statement; definitions.
Sec. 251. Enforcing discretionary spending limits.
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.\1\
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 (105th Congress,
1st session).
---------------------------------------------------------------------------
\1\ Section 10208(a)(2) of Public Law 105-33 (111 Stat. 708) added
this item to the table of contents, inadvertently adding it in all
caps.
---------------------------------------------------------------------------
(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) \1\ 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.
---------------------------------------------------------------------------
\1\ See footnote to section 251(c).
---------------------------------------------------------------------------
(B) The term ``highway category'' refers to the
following budget accounts or portions thereof that are
subject to the obligation limitations on contract
authority set forth in the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for
Users:
(i) 69-8083-0-7-401 (Federal-Aid Highways).
(ii) 69-8020-0-7-401 (Highway Traffic
Safety Grants).
(iii) 69-8048-0-7-401 (National Motor
Carrier Safety Program).
(iv) 69-8016-0-7-401 (Operations and
Research NHTSA).
(v) 69-8362-0-7-401 (National
Driver Registry).
(vi) 69-8159-0-7-401 (Motor Carrier
Safety Operations and Programs).
(vii) 06-8158-0-7-401 (Motor
Carrier Safety Grants).
(C) Mass transit category.--The term ``mass
transit category'' means the following budget
accounts, or portions of the accounts, that are
subject to the obligation limitations on
contract authority provided in the Safe,
Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users or for which
appropriations are provided in accordance with
authorizations contained in that Act:
(i) 69-1120-0-1-401 (Administrative
Expenses).
(ii) 69-1134-0-1-401 (Capital
Investment Grants).
(iii) 69-8191-0-7-401
(Discretionary Grants).
(iv) 69-1129-0-1-401 (Formula
Grants).
(v) 69-1127-0-1-401 (Interstate
Transfer Grants--Transit).
(vi) 69-1125-0-1-401 (Job Access
and Reverse Commute).
(vii) 69-1122-0-1-401
(Miscellaneous Expired Accounts).
(viii) 69-1121-0-1-401 (Research,
Training and Human Resources).
(ix) 69-8350-0-7-401 (Trust Fund
Share of Expenses).
(x) 69-1137-0-1-401 (Transit
Planning and Research).
(xi) 69-1136-0-1-401 (University
Transportation Research).
(xii) 69-1128-0-1-401 (Washington
Metropolitan Area Transit Authority).
Such term also refers to the Washington Metropolitan
Transit Authority account (69-1128-0-1-401) only for
fiscal year 1999 only for appropriations provided
pursuant to authorizations contained in section 14 of
Public Law 96-184 and Public Law 101-551.
(D) Special rule.--(i) Any outlays in excess of the
discretionary spending limit set forth in section
251(c) for the highway or mass transit category, as
adjusted, for the budget year shall be considered
nondefense category outlays or discretionary category
outlays.
(ii) If the obligation limitations for accounts in
the highway or mass transit category provided in an
appropriation Act for a fiscal year exceed the
obligation limitations set forth in section 8103 of the
Transportation Equity Act for the 21st Century for that
year, as adjusted, the estimated outlays flowing for
each outyear from such excess obligations calculated
pursuant to clause (iii) shall be attributed to the
discretionary category in that outyear.
(iii) For purposes of clause (ii), outlays from
excess obligations shall be determined using the
average of the spendout rates for that category in the
baseline.
(E) \1\ The term ``conservation spending
category'' means discretionary appropriations
for conservation activities in the following
budget accounts or portions thereof providing
appropriations to preserve and protect lands,
habitat, wildlife, and other natural resources,
to provide recreational opportunities, and for
related purposes:
---------------------------------------------------------------------------
\1\ So in law. Section 801 of P.L. 106-291 (114 Stat. 1026) amended
this section by adding new subparagraphs (E) through (K). The margins
of the new subparagraphs do not conform to existing subparagraphs.
---------------------------------------------------------------------------
(i) 14-5033 Bureau of Land
Management Land Acquisition.
(ii) 14-5020 Fish and Wildlife
Service Land Acquisition.
(iii) 14-5035 National Park Service
Land Acquisition and State Assistance.
(iv) 12-9923 Forest Service Land
Acquisition.
(v) 14-5143 Fish and Wildlife
Service Cooperative Endangered Species
Conservation Fund.
(vi) 14-5241 Fish and Wildlife
Service North American Wetlands
Conservation Fund.
(vii) 14-1694 Fish and Wildlife
Service State Wildlife Grants.
(viii) 14-0804 United States
Geological Survey Surveys,
Investigations, and Research, the State
Planning Partnership programs:
Community/Federal Information
Partnership, Urban Dynamics, and
Decision Support for Resource
Management.
(ix) 12-1105 Forest Service State
and Private Forestry, the Forest Legacy
Program, Urban and Community Forestry,
and Smart Growth Partnerships.
(x) 14-1031 National Park Service
Urban Park and Recreation Recovery
program.
(xi) 14-5140 National Park Service
Historic Preservation Fund.
(xii) Youth Conservation Corps.
(xiii) 14-1114 Bureau of Land
Management Payments in Lieu of Taxes.
(xiv) Federal Infrastructure
Improvement (as established in title
VIII of the Department of the Interior
and Related Agencies Appropriations
Act, 2001).
(xv) 13-1460 NOAA Procurement
Acquisition and Construction, the
National Marine Sanctuaries and the
National Estuarine Research Reserve
Systems.
(xvi) 13-1450 NOAA Operations,
Research, and Facilities, the Coastal
Zone Management Act programs, the
National Marine Sanctuaries, the
National Estuarine Research Reserve
Systems, and Coral Restoration
programs.
(xvii) 13-1451 NOAA Pacific Coastal
Salmon Recovery.
(F) \1\ The term ``Federal and State Land
and Water Conservation Fund sub-category''
means discretionary appropriations for
activities in the accounts described in (E)(i)-
(E)(iv) or portions thereof.
(G) \1\ The term ``State and Other
Conservation sub-category'' means discretionary
appropriations for activities in the accounts
described in (E)(v)-(E)(ix), with the exception
of Urban and Community Forestry as described in
(E)(ix), or portions thereof.
(H) \1\ The term ``Urban and Historic
Preservation sub-category'' means discretionary
appropriations for activities in the accounts
described in (E)(ix)-(E)(xii), with the
exception of Forest Legacy and Smart Growth
Partnerships as described in (E)(ix), or
portions thereof.
(I) \1\ The term ``Payments in Lieu of
Taxes sub-category'' means discretionary
appropriations for activities in the account
described in (E)(xiii) or portions thereof.
(J) \1\ The term ``Federal Deferred
Maintenance sub-category'' means discretionary
appropriations for activities in the account
described in (E)(xiv) or portions thereof.
(K) \1\ The term ``Coastal Assistance sub-
category'' means discretionary appropriations
for activities in the accounts described in
(E)(xv)-(E)(xvii) or portions thereof.
(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 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 \1\ 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.
---------------------------------------------------------------------------
\1\ So in law. Probably should read ``expenses of''.
---------------------------------------------------------------------------
(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.
H4 deg.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 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 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 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 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.----
(A) 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 \1\
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.
---------------------------------------------------------------------------
\1\ So in law. Probably should be ``Committees''.
---------------------------------------------------------------------------
(B) Adjustment to align highway spending
with revenues.--(i) When the President submits
the budget under section 1105 of title 31,
United States Code, OMB shall calculate and the
budget shall make adjustments to the highway
category for the budget year and each outyear
as provided in clause (ii)(I)(cc).
(ii)(I)(aa) OMB shall take the actual level
of highway receipts for the year before the
current year and subtract the sum of the
estimated level of highway receipts in
subclause (II) plus any amount previously
calculated under item (bb) for that year.
(bb) OMB shall take the current estimate of
highway receipts for the current year and
subtract the estimated level of receipts for
that year.
(cc) OMB shall add one-half of the sum of
the amount calculated under items (aa) and (bb)
to the obligation limitations set forth in the
section 8003 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act:
A Legacy for Users and, using current
estimates, calculate the outlay change
resulting from the change in obligations for
the budget year and the first outyear and the
outlays flowing therefrom through subsequent
fiscal years. After making the calculations
under the preceding sentence, OMB shall adjust
the amount of obligations set forth in that
section for the budget year and the first
outyear by adding one-half of the sum of the
amount calculated under items (aa) and (bb) to
each such year.
(II) The estimated level of highway
receipts for the purposes of this clause are--
--
(aa) for fiscal year 2005,
$31,562,000,000;
(bb) for fiscal year 2006,
$33,712,000,000;
(cc) for fiscal year 2007,
$34,623,000,000
(dd) for fiscal year 2008,
$35,449,000,000; and
(ee) for fiscal year 2009,
$36,220,000,000.
(III) In this clause, the term ``highway
receipts'' means the governmental receipts
credited to the highway account of the Highway
Trust Fund.
(C) In addition to the adjustment required
by subparagraph (B), when the President submits
the budget under section 1105 of title 31,
United States Code, for fiscal year 2007, 2008,
or 2009, OMB shall calculate and the budget
shall include for the budget year and each
outyear an adjustment to the limits on outlays
for the highway category and the mass transit
category equal to----
(i) the outlays for the applicable
category calculated assuming obligation
levels consistent with the estimates
prepared pursuant to subparagraph (D),
as adjusted, using current technical
assumptions; minus
(ii) the outlays for the applicable
category set forth in the subparagraph
(D) estimates, as adjusted.
(D)(i) When OMB and CBO submit their final
sequester report for fiscal year 2006, that
report shall include an estimate of the outlays
for each of the categories that would result in
fiscal years 2007 through 2010 from obligations
at the levels specified in section 8003 of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users
using current assumptions.
(ii) When the President submits the budget
under section 1105 of title 31, United States
Code, for fiscal year 2007, 2008, 2009, or
2010, OMB shall adjust the estimates made in
clause (i) by the adjustments by subparagraphs
(B) and (C).
(E) OMB shall consult with the Committees
on the Budget and include a report on
adjustments under subparagraphs (B) and (C) in
the preview report.
(2) \1\ 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:
---------------------------------------------------------------------------
\1\ See clause 2(e) of rule XXI of the Rules of the House of
Representatives.
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(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
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).
(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.
(G) Adoption incentive payments.--Whenever
a bill or joint resolution making
appropriations for fiscal year 1999, 2000,
2001, 2002, or 2003 is enacted that specifies
an amount for adoption incentive payments
pursuant to this part for the Department of
Health and Human
Services----
(i) the adjustments for new budget
authority shall be the amounts of new
budget authority provided in that
measure for adoption incentive
payments, but not to exceed
$20,000,000; and
(ii) the adjustment for outlays
shall be the
additional outlays flowing from such
amount.
(H) Conservation spending.--(i) If a bill
or resolution making appropriations for any
fiscal year appropriates an amount for the
conservation spending category that is less
than the limit for the conservation spending
category as specified in subsection (c), then
the adjustment for new budget authority and
outlays for the following fiscal year for that
category shall be the amount of new budget
authority and outlays that equals the
difference between the amount appropriated and
the amount of that category specified in
subsection (c).
(ii) If a bill or resolution making
appropriations for any fiscal year appropriates
an amount for any conservation spending sub-
category that is less than the limit for that
conservation spending sub-category as specified
in subsections (c)(11)-(c)(16), then the
adjustment for new budget authority for the
following fiscal year for that sub-category
shall be the amount of new budget authority
that equals the difference between the amount
appropriated and the amount of that sub-
category specified in subsection (c)(11)-
(c)(16).
(iii) The total amount provided for any
conservation activity within the conservation
spending category may not exceed any authorized
ceiling for that activity.
(c) Discretionary Spending Limit.--As used in this part,
the term ``discretionary spending limit'' means----
(1) with respect to fiscal year 2005----
(A) for the highway category:
$31,277,000,000 in outlays;
(B) for the mass transit category:
$955,792,000 in new budget authority and
$6,674,000,000 in outlays;
(2) with respect to fiscal year 2006----
(A) for the highway category:
$33,942,000,000 in outlays;
(B) for the mass transit category:
$1,643,000,000 in new budget authority and
$7,359,000,000 in outlays;
(3) with respect to fiscal year 2007----
(A) for the highway category:
$36,960,000,000 in outlays;
(B) for the mass transit category:
$1,712,000,000 in new budget authority and
$8,120,000,000 in outlays;
(4) with respect to fiscal year 2008----
(A) for the highway category:
$39,123,000,000 in outlays;
(B) for the mass transit category:
$1,858,000,000 in new budget authority and
$8,742,000,000 in outlays;
(5) with respect to fiscal year 2009----
(A) for the highway category:
$40,660,000,000 in outlays;
(B) for the mass transit category:
$1,977,500,000 in new budget authority and
$9,180,000,000 in outlays;
(6) with respect to fiscal year 2005 for the
conservation spending category: $2,240,000,000, in new
budget authority and $2,192,000,000 in outlays;
(7) with respect to fiscal year 2006 for the
conservation spending category: $2,400,000,000, in new
budget authority and $2,352,000,000 in outlays;
(8) with respect to each fiscal year 2002 through
2006 for the Federal and State Land and Water
Conservation Fund sub-category of the conservation
spending category: $540,000,000 in new budget authority
and the outlays flowing therefrom;
(9) with respect to each fiscal year 2002 through
2006 for the State and Other Conservation sub-category
of the conservation spending category: $300,000,000 in
new budget authority and the outlays flowing therefrom;
(10) with respect to each fiscal year 2002 through
2006 for the Urban and Historic Preservation sub-
category of the conservation spending category:
$160,000,000 in new budget authority and the outlays
flowing therefrom;
(11) with respect to each fiscal year 2002 through
2006 for the Payments in Lieu of Taxes sub-category of
the conservation spending category: $50,000,000 in new
budget authority and the outlays flowing therefrom;
(12) with respect to each fiscal year 2002 through
2006 for the Federal Deferred Maintenance sub-category
of the conservation spending category: $150,000,000 in
new budget authority and the outlays flowing therefrom;
(13) with respect to fiscal year 2002 for the
Coastal Assistance sub-category of the conservation
spending category: $440,000,000 in new budget authority
and the outlays flowing therefrom; with respect to
fiscal year 2003 for the Coastal Assistance sub-
category of the conservation spending category:
$480,000,000 in new budget authority and the outlays
flowing therefrom; with respect to fiscal year 2004 for
the Coastal Assistance sub-category of the conservation
spending category: $520,000,000 in new budget authority
and the outlays flowing therefrom; with respect to
fiscal year 2005 for the Coastal Assistance sub-
category of the conservation spending category:
$560,000,000 in new budget authority and the outlays
flowing therefrom; and with respect to fiscal year 2006
for the Coastal Assistance sub-category of the
conservation spending category: $600,000,000 in new
budget authority and the outlays flowing therefrom;
as adjusted in strict conformance with subsection (b).
H4 deg.SEC. 252. [2 U.S.C. 902] ENFORCING PAY-AS-YOU-GO.
(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 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 \1\ 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
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\1\ So in law. Probably should read ``to the budget year''.
---------------------------------------------------------------------------
(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)
\2\; 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.
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\2\ So in law. Probably should refer to subsection (b).
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(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 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) \1\ 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.
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\1\ See clause 2(e) of rule XXI of the Rules of the House of
Representatives.
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H4 deg.SEC. 253. [2 U.S.C. 903] ENFORCING DEFICIT TARGETS.
(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.
(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.----
(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 2002 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
\1\ 252(b).
---------------------------------------------------------------------------
\1\ So in law. Probably should be ``section''.
---------------------------------------------------------------------------
(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.
(f) Final Sequestration Reports.----
(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 2002 the applicable
discretionary spending limits for each category
and an explanation of any adjustments in such
limits under section 251.
(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 \1\ 252(b), any excess
deficit, any breach, and any required sequestration
percentage. The OMB report shall also explain
differences in the amount of sequesterable \2\
resources for any budget account to be reduced if such
difference is greater than $5,000,000.
---------------------------------------------------------------------------
\1\ So in law. Probably should be ``section''.
\2\ So in law. Probably should be ``sequestrable''.
---------------------------------------------------------------------------
(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.--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 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.
(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, and benefits payable under section 3(a),
3(f)(3), 4(a), or 4(f) of the Railroad Retirement Act of 1974,
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:
National Service Life Insurance Fund (36-8132-0-7-
701);
Service-Disabled Veterans Insurance Fund (36-4012-
0-3-701);
Veterans Special Life Insurance Fund (36-8455-0-8-
701);
Veterans Reopened Insurance Fund (36-4010-0-3-701);
United States Government Life Insurance Fund (36-
8150-0-7-701);
Veterans Insurance and Indemnities (36-0120-0-1-
701);
Special Therapeutic and Rehabilitation Activities
Fund (36-4048-0-3-703);
Canteen Service Revolving Fund (36-4014-0-3-705);
Benefits under chapter 21 of title 38, United
States Code, relating to specially adapted housing and
mortgage-protection life insurance for certain veterans
with service-connected disabilities (36-0120-0-1-701);
Benefits under section 907 of title 38, United
States Code, relating to burial benefits for veterans
who die as a result of service-connected disability
(36-0155-0-1-701);
Benefits under chapter 39 of title 38, United
States Code, relating to automobiles and adaptive
equipment for certain disabled veterans and members of
the Armed Forces (36-0137-0-1-702);
Compensation (36-0153-0-1-701); and
Pensions (36-0154-0-1-701).
Benefits under chapter 35 of title 38, United
States Code, related to educational assistance for
survivors and dependents of certain veterans with
service-connected disabilities (36-0137-0-1-702);
Assistance and services under chapter 31 of title
38, United States Code, relating to training and
rehabilitation for certain veterans with service-
connected disabilities (36-0137-0-1-702);
Benefits under subchapters I, II, and III of
chapter 37 of title 38, United States Code, relating to
housing loans for certain veterans and for the spouses
and surviving spouses of certain veterans Guaranty and
Indemnity Program Account (36-1119-0-1-704);
Loan Guaranty Program Account (36-1025-0-1-704);
and
Direct Loan Program Account (36-1024-0-1-704).
(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) Earned Income Tax Credit.--Payments to individuals made
pursuant to section 32 of the Internal Revenue Code of 1954
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-
806);
Alaska Power Administration, Operations and
maintenance (89-0304-0-1-271);
Appropriations for the District of Columbia
(to the extent they are appropriations of
locally raised funds);
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);
Bureau of Indian Affairs, Indian land and
water claims settlements and miscellaneous
payments to Indians (14-2303-0-1-452);
Bureau of Indian Affairs Miscellaneous
trust funds (14-9973-0-7-999);
Claims, judgments, and relief acts (20-
1895-0-1-808);
Compact of Free Association (14-0415-0-1-
808);
Compensation of the President (11-0001-0-1-
802);
Conservation Reserve Program (12-2319-0-1-
302);
Customs Service, miscellaneous permanent
appropriations (20-9922-0-2-806);
Comptroller of the Currency, Assessment
funds (20-8413-0-8-373);
Dual benefits payments account (60-0111-0-
1-601);
Exchange stabilization fund (20-4444-0-3-
155);
Farm Credit Administration, Limitation on
Administrative Expenses (78-4131-0-3-351);
Farm Credit System Financial Assistance
Corporation, interest payment (20-1850-0-1-
908);
Farm Credit System Financial Assistance
Corporation, interest payment (20-1850-0-1-
351);
Federal Deposit Insurance Corporation, Bank
Insurance Fund (51-4064-0-3-373);
Federal Deposit Insurance Corporation,
FSLIC Resolution Fund (51-4065-0-3-373);
Federal Deposit Insurance Corporation,
Savings Association Insurance Fund (51-4066-0-
3-373); \1\
Federal Housing Finance Board (95-4039-0-3-
371);
Federal payment to the railroad retirement
accounts (60-0113-0-1-601);
Foreign military sales trust fund (11-8242-
0-7-155);
Health professions graduate student loan
insurance fund program account (75-0340-0-1-
552);
Higher education facilities loans (91-0240-
01-502);
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;
Panama Canal Commission, Panama Canal
Revolving Fund (95-4061-0-3-403);
Medical facilities guarantee and loan fund,
Federal interest subsidies for medical
facilities (75-9931-0-3-550);
National Credit Union Administration
operating fund (25-4056-0-3-373);
National Credit Union Administration,
Central liquidity facility (25-4470-0-3-373);
National Credit Union Administration,
Credit union share insurance fund (25-4468-0-3-
373);
Office of Thrift Supervision (20-4108-0-3-
373);
Payment of Vietnam and USS Pueblo prisoner-
of-war claims (15-0104-0-1-153);
Payment to civil service retirement and
disability fund (24-0200-0-1-805);
Payment to Judiciary Trust Funds (10-0941-
0-1-752);
Payments to copyright owners (03-5175-0-2-
376);
Payments to health care trust funds (75-
0580-0-1-571);
Payments to military retirement fund (97-
0040-0-1-054);
Payments to social security trust funds
(75-0404-0-1-651);
Payments to the foreign service retirement
and disability fund (11-1036-0-1-153 and 19-
0540-0-1-153);
Payments to trust funds from excise taxes
or other receipts properly creditable to such
trust funds;
Payments to the United States territories,
fiscal assistance (14-0418-0-1-806);
Payments to widows and heirs of deceased
Members of Congress (00-0215-0-1-801);
Postal service fund (18-4020-0-3-372);
Resolution Trust Corporation Revolving Fund
(22-4055-0-3-373);
Salaries of Article III judges;
Soldiers and Airmen's Home, payment of
claims (84-8930-0-7-705);
Southeastern Power Administration,
Operations and maintenance (89-0302-0-1-271);
Southwestern Power Administration,
Operations and maintenance (89-0303-0-1-271);
Tennessee Valley Authority fund, except
non-power programs and activities (64-4110-0-3-
999);
Thrift Savings Fund;
United States Enrichment Corporation (95-
4054-0-3-271);
Vaccine Injury Compensation (75-0320-0-1-
551);
Vaccine Injury Compensation Program Trust
Fund (20-8175-0-7-551);
United States Enrichment Corporation;
Washington Metropolitan Area Transit
Authority, interest payments (46-0300-0-1-401);
Western Area Power Administration,
Construction, rehabilitation, operations, and
maintenance (89-5068-0-2-271); and
Western Area Power Administration, Colorado
River basins power marketing fund (89-4452-0-3-
271).
(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);
Foreign service retirement and disability
fund (19-8186-0-7-602);
Judicial survivors' annuities fund (10-
8110-0-7-602);
Judicial Officers' Retirement Fund (10-
8122-0-7-602);
Claims Judges' Retirement Fund (10-8124-0-
7-602);
Special workers compensation expenses,
Longshoremen's and harborworkers' compensation
benefits (16-9971-0-7-601);
Military retirement fund (97-8097-0-7-602);
National Oceanic and Atmospheric
Administration retirement (13-1450-0-1-306);
Pensions for former Presidents (47-0105-0-
1-802);
Railroad Industry Pension Fund (60-8011-0-
7-601);
Railroad \1\ supplemental annuity pension fund (60-
8012-0-7-602);
---------------------------------------------------------------------------
\1\ So in law. Probably should not be indented.
---------------------------------------------------------------------------
Retired pay, Coast Guard (69-0241-0-1-403);
Retirement pay and medical benefits for
commissioned officers, Public Health Service
(75-0379-0-1-551);
Special benefits, Federal Employees'
Compensation Act (16-1521-0-1-600);
Special benefits for disabled coal miners
(75-0409-0-1-601); and
Tax Court judges survivors annuity fund
(23-8115-0-7-602).
(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);
United States Treasury check forgery
insurance fund (20-4109-0-3-803);
Credit liquidating accounts;
Employees life insurance fund (24-8424-0-8-
602);
Energy security reserve (Synthetic Fuels
Corporation) (20-0112-0-1-271);
Federal Aviation Administration, 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);
Federal Emergency Management Agency,
National insurance development fund (58-4235-0-
3-451);
Geothermal resources development fund (89-
0206-0-1-271);
Homeowners assistance fund, Defense (97-
4090-0-3-051);
International Trade Administration,
Operations and administration (13-1250-0-1-
376);
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);
Overseas Private Investment Corporation
(71-4030-0-3-151);
Pension Benefit Guaranty Corporation fund
(16-4204-0-3-601);
Rail service assistance (69-0122-0-1-401);
Department of Veterans Affairs,
Servicemen's group life insurance fund (36-
4009-0-3-701).
(h) Low-Income Programs.--The following programs shall be
exempt from reduction under any order issued under this part:
Block grants to States for temporary assistance for
needy families; \1\
---------------------------------------------------------------------------
\1\ Superceded by temporary assistance for needy families as part
of section 103 of the Personal Responsibility and Work Opportunity Act
of 1996.
---------------------------------------------------------------------------
Child nutrition programs (with the exception of
special milk programs) (12-3539-0-1-605);
Temporary assistance for needy families (75-1552-0-
1-609);
Contingency fund (75-1522-0-1-609);
Child care entitlement to States (75-1550-0-1-609);
Commodity supplemental food program (12-3512-0-1-
605);
Food stamp programs (12-3505-0-1-605 and 12-3550-0-
1-605);
Grants to States for Medicaid (75-0512-0-1-55l);
Supplemental Security Income Program (75-0406-0-1-
609); and \2\
---------------------------------------------------------------------------
\2\ So in law. The word ``and'' is extraneous.
---------------------------------------------------------------------------
Special supplemental nutrition program for women,
infants, and children (WIC) (12-3510-0-1-605); \3\
---------------------------------------------------------------------------
\3\ So in law. Probably should have the word ``and'' after the
semicolon.
---------------------------------------------------------------------------
Family support payments to States (75-1501-0-1-
609); \4\
---------------------------------------------------------------------------
\4\ So in law. Probably should end with a period.
---------------------------------------------------------------------------
(i) 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 1998-
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.
(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.
(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 455(c) of that Act shall each be
increased by 0.50 percentage point.
(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) Special Rules for Medicare Program.----
(1) Calculation of reduction in individual payment
amounts.--To achieve the total percentage reduction in
those programs required by sections 252 and 253, 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 to payments under the health
insurance programs under title XVIII of the Social
Security Act for services furnished after the order is
issued, such that the reduction made in payments under
that order shall achieve the required total percentage
reduction in those payments for that fiscal year as
determined on a 12-month basis.
(2) 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.
(3) 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.
(4) No effect on computation of aapcc.--In
computing the adjusted average per capita cost for
purposes of section 1876(a)(4) of the Social Security
Act, 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.
(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 (5) \1\.
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\1\ So in law. Probably should refer to 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 \1\ between
CBO and OMB.
---------------------------------------------------------------------------
\1\ So in law. Probably should read ``differences''.
---------------------------------------------------------------------------
(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.
(a) Procedures in the Event of a Low Growth Report.----
(1) Trigger.--Whenever CBO issues a low-growth
report under section 254(j) \1\, 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) \1\ 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.
---------------------------------------------------------------------------
\1\ So in law. Probably should be section 254(i).
---------------------------------------------------------------------------
(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) \1\ 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 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.
(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 \1\ for a fiscal year unless----
---------------------------------------------------------------------------
\1\ So in law. Probably should be ``section''.
---------------------------------------------------------------------------
(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 \1\ 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. \1\
(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 E--MISCELLANEOUS AND RELATED PROVISIONS
* * * * * * *
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.
(a) In General.----
(1) Except as provided in paragraph (2) and in
subsections (b) and (c), this title and the amendments
made by this title shall become effective on the date
of the enactment of this title and shall apply with
respect to fiscal years beginning after September 30,
1985.
(2)(A) The amendment made by section 201(a)(2), and
the amendment made by section 201(b) insofar as it
relates to subsections (c), (f), and (g) of section 302
of the Congressional Budget Act of 1974 and to
subsections (c), (d), and (g) of section 310 of that
Act), shall become effective April 15, 1986.
(B) The amendment made by section 212 shall become
effective February 1, 1986.
(b) Expiration.--Sections 251, 253, 258B, and 271(b) of
this Act, and sections 1105(f) and 1106(c) of title 31, United
States Code, shall expire September 30, 2002. The remaining
sections of part C of this title shall expire September 30,
2006.
(c) OASDI Trust Funds.--The amendments made by part D shall
apply as provided in such part.END OF STATUTE deg.
LINE ITEM VETO ACT OF 1996
NOTE:
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
line item veto authority
Sec. 1021. [2 U.S.C. 691] (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.
special messages
Sec. 1022. [2 U.S.C. 691a] (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.
cancellation effective unless disapproved
Sec. 1023. [2 U.S.C. 691b] (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.
deficit reduction
Sec. 1024. [2 U.S.C. 691c] (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.
expedited congressional consideration of disapproval bills
Sec. 1025. [2 U.S.C. 691d] (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.
definitions
Sec. 1026. [2 U.S.C. 691e] 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.
identification of limited tax benefits
Sec. 1027. [2 U.S.C. 691f] (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.