[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
[104th Congress]
[House Document 103-342]
[Miscellaneous Provisions Of Congressional Budget Laws]
[Pages 949-978]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 949]]
BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT
EXCERPTS FROM THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF
__________
These excerpts are provided for quick reference. They include the
provisions of the Act that relate directly to legislative procedure. A
more thorough understanding of the statutory scheme requires the full
statutory text (see 2 U.S.C. 900 et seq.).
SEC. 250. TABLE OF CONTENTS; STATEMENT OF BUDGET ENFORCEMENT THROUGH
1985
SEQUESTRATION; DEFINITIONS.
* * * * *
(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 (but including the treatment specified in section 257(b)(3) of the
Hospital Insurance Trust Fund) and the terms ``maximum deficit amount''
and ``discretionary spending limit'' shall mean the amounts specified in
section 601 of that Act as adjusted under sections 251 and 253 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) The term ``category'' means:
(A) For fiscal years 1991, 1992, and 1993, any of the
following subsets of discretionary appropriations: defense,
[[Page 950]]
international, or domestic. Discretionary appro
priations in each of the three categories shall be those so designated
in the joint statement of managers accompanying the conference
report on the Omnibus Budget Reconciliation Act of 1990. New
accounts or activities shall be categorized in consultation with
the Committees on Appropriations and the Budget of the House of
Representatives and the Senate.
(B) For fiscal years 1994 and 1995, all discretionary
appropriations.
Contributions to the United States to offset the cost of Operation
Desert Shield shall not be counted within any category.
(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--
(A) with respect to budget year 1991, new budget authority;
unobligated balances; new loan guarantee commitments or
limitations; new direct loan obligations, commitments, or
limitations; direct spending authority; and obligation
limitations; or
(B) with respect to budget year 1992, 1993, 1994, or 1995, 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 submission of the fiscal year 1992 budget that are not included
with a budget submission, estimates consistent with the economic and
technical assumptions underlying the most recently submitted President's
budget.
[[Page 951]]
(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 fiscal years that follow the budget year through fiscal year 1995.
(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) For purposes of sections 252 and 253, legislation enacted during
the second session of the One Hundred First Congress shall be deemed to
have been enacted before the enactment of this Act.
(18) 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 Omnibus Budget Reconciliation Act of 1990.
(19) The term ``deposit insurance'' refers to the expenses of the
Federal Deposit Insurance Corporation and the funds it incorporates, the
Resolution Trust Corporation, the National Credit Union Administration
and the funds it incorporates, the Office of Thrift Supervision, the
Comptroller of the Currency Assessment Fund, and the RTC Office of
Inspector General.
(20) The term ``composite outlay rate'' means the percent of new
budget authority that is converted to outlays in the fiscal year for
which the budget authority is provided and subsequent fiscal years, as
follows:
(A) For the international category, 46 percent for the first
year, 20 percent for the second year, 16 percent for the third
year, and 8 percent for the fourth year.
(B) For the domestic category, 53 percent for the first year,
31 percent for the second year, 12 percent for the third year,
and 2 percent for the fourth year.
[[Page 952]]
(21) The sale of an asset means the sale to the public of any asset,
whether physical or financial, owned in whole or in part by the United
States. The term ``prepayment of a loan'' means payments to the United
States made in advance of the schedules set by law or contract when the
financial asset is first acquired, such as the prepayment to the Federal
Financing Bank of loans guaranteed by the Rural Electrification
Administration. If a law or contract allows a flexible payment schedule,
the term ``in advance'' shall mean in advance of the slowest payment
schedule allowed under such law or contract.
SEC. 251. ENFORCING DISCRETIONARY SPENDING LIMITS.
(a) Fiscal Years 1991-1998 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(h), each account within subfunctional category 051
(other than those military personnel accounts for which the
authority provided under section 255(h) has been exercised)
[[Page 953]]
shall be further reduced by a dollar amount calculated by mul
tiplying 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) OMB 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. Within 5 calendar days after the
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
[[Page 954]]
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
two estimates. For purposes of this paragraph, amounts provided
by annual appropriations shall include any new budget authority
and outlays for those years in accounts for which funding is
provided in that legislation that result from previously enacted
legislation. Those OMB estimates shall be made using current
economic and technical assumptions. OMB shall use the OMB
estimates transmitted to the Congress under this paragraph for
the purposes of this subsection. 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.
(b) Adjustments to Discretionary Spending Limits.--(1) When the
President submits the budget under section 1105(a) of title 31, United
States Code, for budget year 1992, 1993, 1994, 1995, 1996, 1997, or 1998
(except as otherwise indicated), OMB shall calculate (in the order set
forth below), and the budget shall include, adjustments to discretionary
spending limits (and those limits as cumulatively adjusted) for the
budget year and each outyear through 1998 to reflect the following:
(A) Changes in concepts and definitions.--The adjustments
produced by the amendments made by title XIII of the Omnibus
Budget Reconciliation Act of 1990 or by any other changes in
concepts and definitions 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 other changes in
concepts and definitions may only be made in consultation with
the Committees on Appropriations, the Budget, Government Reform
and Oversight), and Governmental Affairs of the House of
Representatives and Senate.
(B) Changes in inflation.--
(i) For a budget submitted for budget year 1992, 1993,
1994, or 1995, the adjustments produced by changes in
inflation shall equal the levels of discretionary new
budget authority and outlays in the baseline (calculated
using current estimates) subtracted from those levels in
[[Page 955]]
that base
line recalculated with the baseline inflators for the budget year only,
multiplied by the inflation adjustment factor computed
under clause (ii).
(ii) For a budget year the inflation adjustment factor
shall equal the ratio between the level of year-over-
year inflation measured for the fiscal year most
recently completed and the applicable estimated level
for that year set forth below:
For 1990, 1.041
For 1991, 1.052
For 1992, 1.041
For 1993, 1.033
Inflation shall be measured by the average of the estimated
gross national product implicit price deflator index for a
fiscal year divided by the average index for the prior fiscal
year.
(iii) For a budget submitted for budget year 1996,
1997, or 1998, the adjustments shall be those necessary
to reflect changes in inflation estimates since those of
March 31, 1993, set forth on page 46 of House Conference
Report 103-48.
(C) Credit reestimates.--For a budget submitted for fiscal
year 1993 or 1994, the adjustments produced by reestimates to
costs of Federal credit programs shall be, for any such program,
a current estimate of new budget authority and outlays
associated with a baseline projection of the prior year's gross
loan level for that program minus the baseline projection of the
prior year's new budget authority and associated outlays for
that program.
(2) When OMB submits a sequestration report under section 254(g) or
(h) for fiscal year 1991, 1992, 1993, 1994, 1995, 1996, 1997, or 1998
(except as otherwise indicated), OMB shall calculate (in the order set
forth below), and the sequestration report, and subsequent budgets
submitted by the President under section 1105(a) of title 31, United
States Code, shall include, adjustments to discretionary spending limits
(and those limits as adjusted) for the fiscal year and each succeeding
year through 1998, as follows:
(A) IRS funding.--To the extent that appropriations are
enacted that provide additional new budget authority or result
in additional outlays (as compared with the CBO baseline
constructed in June 1990) for the Internal Revenue Service
compliance initiative in any fiscal year, the adjustments for
[[Page 956]]
that year shall be
those amounts, but shall not exceed the amounts set forth below--
(i) for fiscal year 1991, $191,000,000 in new budget
authority and $183,000,000 in outlays;
(ii) for fiscal year 1992, $172,000,000 in new budget
authority and $169,000,000 in outlays;
(iii) for fiscal year 1993, $183,000,000 in new budget
authority and $179,000,000 in outlays;
(iv) for fiscal year 1994, $187,000,000 in new budget
authority and $183,000,000 in outlays; and
(v) for fiscal year 1995, $188,000,000 in new budget
authority and $184,000,000 in outlays; and
the prior-year outlays resulting from these appropriations of
budget authority.
(B) Debt forgiveness.--If, in calendar year 1990 or 1991, an
appropriation is enacted that forgives the Arab Republic of
Egypt's foreign military sales indebtedness to the United States
and any part of the Government of Poland's indebtedness to the
United States, the adjustment shall be the estimated costs (in
new budget authority and outlays, in all years) of that
forgiveness.
(C) IMF funding.--If, in fiscal year 1991, 1992, 1993, 1994,
or 1995 an appropriation is enacted to provide to the
International Monetary Fund the dollar equivalent, in terms of
Special Drawing Rights, of the increase in the United States
quota as part of the International Monetary Fund Ninth General
Review of Quotas, the adjustment shall be the amount provided by
that appropriation.
(D) Emergency appropriations.--
(i) 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 years from such appropriations.
(ii) The costs for operation Desert Shield are to be
treated as emergency funding requirements not subject to
the defense spending limits. Funding for Desert Shield
will be provided through the normal legislative process.
[[Page 957]]
Desert Shield costs
should be accommodated through Allied burden-sharing,
subsequent appropriation Acts, and if the President so
chooses, through offsets within other defense accounts.
Emergency Desert Shield costs mean those incremental
costs associated with the increase in operations in the
Middle East and do not include costs that would be
experienced by the Department of Defense as part of its
normal operations absent Operation Desert Shield.
(E) Special allowance for discretionary new budget
authority.--
(i) For each of fiscal years 1992 and 1993, the
adjustment for the domestic category in each year shall
be an amount equal to 0.1 percent of the sum of the
adjusted discretionary spending limits on new budget
authority for all categories for fiscal years 1991,
1992, and 1993 (cumulatively), together with outlays
associated therewith (calculated at the composite outlay
rate for the domestic category);
(ii) for each of fiscal years 1992 and 1993, the
adjustment for the international category in each year
shall be an amount equal to 0.079 percent of the sum of
the adjusted discretionary spending limits on new budget
authority for all categories for fiscal years 1991,
1992, and 1993 (cumulatively), together with outlays
associated therewith (calculated at the composite outlay
rate for the international category);
(iii) if, for fiscal years 1992 and 1993, the amount
of new budget authority provided in appropriation Acts
exceeds the discretionary spending limit on new budget
authority for any category due to technical estimates
made by the Director of the Office of Management and
Budget, the adjustment is the amount of the excess, but
not to exceed an amount (for 1992 and 1993 together)
equal to 0.042 percent of the sum of the adjusted
discretionary limits on new budget authority for all
categories for fiscal years 1991, 1992, and 1993
(cumulatively); and
(iv) if, for fiscal years 1994, 1995, 1996, 1997, and
1998, the amount of new budget authority provided in
appropriation Acts exceeds the discretionary spending
limit on new budget authority due to technical estimates
[[Page 958]]
made by the director of
the Office of Management and Budget, the adjustment is the amount of
the excess, but not to exceed an amount (for any one
fiscal year) equal to 0.1 percent of the adjusted
discretionary spending limit on new budget authority for
that fiscal year.
(F) 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 is the amount of the excess, but not to
exceed $2,500,000,000 in the defense category, $1,500,000,000 in
the international category, or $2,500,000,000 in the domestic
category (as applicable) in fiscal year 1991, 1992, or 1993, and
not to exceed $6,500,000,000 in fiscal year 1994 or 1995 less
any of the outlay adjustments made under subparagraph (E) for a
category for a fiscal year, and not to exceed 0.5 percent of the
adjusted discretionary spending limit on outlays for the fiscal
year in fiscal year 1996, 1997, or 1998.
SEC. 251A. SEQUESTRATION WITH RESPECT TO VIOLENT CRIME REDUCTION TRUST
FUND.
(a) Sequestration.--Within 15 days after Congress adjourns to end a
session, there shall be a sequestration to eliminate any budgetary
excess in the Violent Crime Reduction Trust Fund as described in
subsection (b).
(b) Eliminating a Budgetary Excess.--
(1) In general.--Except as provided by paragraph (2),
appropriations from the Violent Crime Reduction Trust Fund shall
be reduced by a uniform percentage necessary to eliminate any
amount by which estimated outlays in the budget year from the
Fund exceed the following levels of outlays:
(A) For fiscal year 1995, $703,000,000.
(B) For fiscal year 1996, $2,334,000,000.
(C) For fiscal year 1997, $3,936,000,000.
(D) For fiscal year 1998, $4,904,000,000.
For fiscal year 1999, the comparable level for budgetary
purposes shall be deemed to be $5,639,000,000. For fiscal year
2000, the comparable level for budgetary purposes shall be
deemed to be $6,225,000,000.
(2) Special outlay allowance.--If estimated outlays from the
Fund for a fiscal year exceed the level specified in paragraph
[[Page 959]]
(1) for that year, that level
shall be increased by the lesser of that excess or 0.5 percent of that
level.
(c) Look-Back.--If, after June 30, an appropriation for the fiscal
year in progress is enacted that causes a budgetary excess in the
Violent Crime Reduction Trust Fund as described in subsection (b) for
that year (after taking into account any sequestration of amounts under
this section), the level set forth in subsection (b) for the next fiscal
year shall be reduced by the amount of that excess.
(d) Within-Session Sequestration.--If an appropriation for a fiscal
year in progress is enacted (after Congress adjourns to end the session
for the budget year and before July 1 of that fiscal year) that causes a
budgetary excess in the Violent Crime Reduction Trust Fund as described
in subsection (b) for that year (after taking into account any prior
sequestration of amounts under this section), 15 days later there shall
be a sequestration to eliminate that excess following the procedures set
forth in subsection (b).
(e) Part-Year Appropriations and OMB Estimates.--Paragraphs (4) and
(7) of section 251(a) shall apply to appropriations from, and
sequestration of amounts appropriated from, the Violent Crime Reduction
Trust Fund under this section in the same manner as those paragraphs
apply to discretionary appropriations and sequestrations under that
section.
SEC. 252. ENFORCING PAY-AS-YOU-GO.
(a) Fiscal Years 1992-1998 Enforcement.--The purpose of this section
is to assure that any legislation (enacted after the date of enactment
of this section) affecting direct spending or receipts that increases
the deficit in any fiscal year covered by this Act will trigger an
offsetting sequestration.
(b) Sequestration; Look-Back.--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 253, there shall be a sequestration to offset the amount of any
net deficit increase in that fiscal year and the prior fiscal year
caused by all direct spending and receipts legislation enacted after the
date of enactment of this section (after adjusting for any prior
sequestration as provided by paragraph (2)). OMB shall calculate the
amount of deficit increase, if any, in those fiscal years by adding--
(1) all applicable estimates of direct spending and receipts
[[Page 960]]
legislation transmitted under subsection (d)
applicable to those fiscal years, other than any amounts included in
such estimates resulting from--
(A) full funding of, and continuation of, the deposit
insurance guarantee commitment in effect on the date of
enactment of this section, and
(B) emergency provisions as designated under
subsection (e); and
(2) the estimated amount of savings in direct spending
programs applicable to those fiscal years resulting from the
prior year's sequestration under this section or section 253, if
any (except for any amounts sequestered as a result of a net
deficit increase in the fiscal year immediately preceding the
prior fiscal year), as published in OMB's end-of-session
sequestration report for that prior 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 student loans) and
256(c) (foster care and adoption assistance) shall be made.
(C) Third.--(i) If additional reductions in direct spending
accounts are required to be made, each remaining non-exempt
direct spending account shall be reduced by the uniform
percentage necessary to make the reductions in direct spending
required by paragraph (1); except that the medicare programs
specified in section 256(d) shall not be reduced by more than 4
percent and the uniform percentage applicable to all other
direct spending programs under this paragraph shall be increased
(if necessary) to a level sufficient to achieve the required
reduction in direct spending.
(ii) For purposes of determining reductions under clause (i),
outlay reductions (as a result of sequestration of Commodity
Credit Corporation commodity price support contracts in the
fiscal year of a sequestration) that would occur in the
following fiscal year shall be credited as outlay reductions in
the fiscal year of the sequestration.
[[Page 961]]
(2) For purposes of this subsection, accounts shall be assumed to be
at the level in the baseline.
(d) OMB Estimates.--As soon as practicable after Congress completes
action on any direct spending or receipts legislation enacted after the
date of enactment of this section, after consultation with the
Committees on the Budget of the House of Representatives and the Senate,
CBO shall provide OMB with an estimate of the amount of change in
outlays or receipts, as the case may be, in each fiscal year through
fiscal year 1998 resulting from that legislation. Within 5 calendar days
after the enactment of any direct spending or receipts legislation
enacted after the date of enactment of this section, OMB shall transmit
a report to the House of Representatives and to the Senate containing
such CBO estimate of that legislation, an OMB estimate of the amount of
change in outlays or receipts, as the case may be, in each fiscal year
through fiscal year 1998 resulting from that legislation, and an
explanation of any difference between the two estimates. Those OMB
estimates shall be made using current economic and technical
assumptions. 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.
(e) Emergency Legislation.--If, for any fiscal year from 1991 through
1998, 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 through 1995 resulting from
that provision shall be designated as an emergency requirement in the
reports required under subsection (d).
SEC. 253. ENFORCING DEFICIT TARGETS.
[[Page 962]]
(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
[[Page 963]]
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
[[Page 964]]
reestimates of economic and tech
nical assumptions and any changes in concepts or definitions. When the
President submits the budget for fiscal year 1993, the maximum
deficit amounts for fiscal years 1993, 1994, and 1995 shall be
further adjusted to reflect up-to-date reestimates of economic
and technical assumptions and any changes in concepts or
definitions.
(B) When submitting the budget for fiscal year 1994, the
President may choose to adjust the maximum deficit amounts for
fiscal years 1994 and 1995 to reflect up-to-date reestimates for
economic and technical assumptions. If the President chooses to
adjust the maximum deficit amount when submitting the fiscal
year 1994 budget, the President may choose to invoke the same
adjustment procedure when submitting the budget for fiscal year
1995. In each case, the President must choose between making no
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.
[[Page 965]]
(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 sets 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.
[[Page 966]]
guarantee commitment in effect on the date of submission of the budget
for fiscal year 1993).
(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
SEC. 254. REPORTS AND ORDERS.
* * * * *
* * * * *
(j) 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 proceeding such
notification and the 4 quarters following such notification, CBO
or OMB had 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.
In response to a ``low-growth report'' under section 254(j), the
Majority Leader of the Senate introduced pursuant to section 258, infra,
a joint resolution suspending certain budget enforcement laws (S. J.
Res. 44, Jan. 23, 1991, p. ----).
SEC. 258. 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), the Majority Leader of the House of
Representatives may, and the Majority Leader of the Senate
shall, introduce a joint resolution (in the form set forth in
paragraph (2)) declaring that the conditions specified in
section 254(j) are met and suspending the relevant provisions of
this title, titles III and VI of the Congressional Budget Act of
1974, and section 1103 of title 31, United States Code.
(2) Form of joint resolution.--
(A) The matter after the resolving clause in any joint
resolution introduced pursuant to paragraph (1) shall be
[[Page 967]]
as follows: ``That the Congress de
clares that the conditions specified in section 254(j) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are
met, and the implementation of the Congressional Budget
and Impoundment Control Act of 1974, chapter 11 of title
31, United States Code, and part C of the Balanced
Budget and Emergency Deficit Control Act of 1985 are
modified as described in section 258(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985.''.
(B) The title of the joint resolution shall be ``Joint
resolution suspending certain provisions of law pursuant
to section 258(a)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985.''; and the joint
resolution shall not contain any preamble.
(3) Committee action.--Each joint resolution introduced
pursuant to paragraph (1) shall be referred to the appropriate
committees of the House of Representatives or the Committee on
the Budget of the Senate, as the case may be; and such Committee
shall report the joint resolution to its House without amendment
on or before the fifth day on which such House is in session
after the date on which the joint resolution is introduced. If
the Committee fails to report the joint resolution within the
five-day period referred to in the preceding sentence, it shall
be automatically discharged from further consideration of the
joint resolution, and the joint resolution shall be placed on
the appropriate calendar.
(4) Consideration of joint resolution.--(A) A vote on final
passage of a joint resolution reported to the Senate or
discharged pursuant to paragraph (3) shall be taken on or before
the close of the fifth calendar day of session after the date on
which the joint resolution is reported or after the Committee
has been discharged from further consideration of the joint
resolution. If prior to the passage by one House of a joint
resolution of that House, that House receives the same joint
resolution from the other House, then--
(i) the procedure in that House shall be the same as
if no such joint resolution had been received from the
other House, but
(ii) the vote on final passage shall be on the joint
resolution of the other House.
[[Page 968]]
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.
[[Page 969]]
is concluded by Senate ratification of the necessary treaties, the
provisions of subsection (b) triggered by that declaration of war are no
longer effective.
(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
(2) In the event of a suspension of sequestration procedures due to
the enactment of a joint resolution described in subsection (a), then,
effective with regard to the first fiscal year beginning at least 12
months after the enactment of that resolution, the provisions of
subsection (b) triggered by that resolution are no longer effective.
SEC. 258A. 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
commitee 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
[[Page 970]]
joint resolution is privileged in the Senate. A motion to re
consider 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
[[Page 971]]
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
[[Page 972]]
disposition of the Senate originated joint resolution shall
be deemed to be the action of the Senate with regard to the House
originated joint resolution. If it is not identical to the House
passed joint resolution, then the Senate shall be considered to
have passed the joint resolution of the House as amended by the
text of the Senate joint resolution.
SEC. 258B. FLEXIBILITY AMONG DEFENSE PROGRAMS, PROJECTS, AND
ACTIVITIES.
(a) Subject to subsections (b), (c), and (d), new budget authority and
unobligated balances for any programs, projects, or activities within
major functional category 050 (other than a military personnel account)
may be further reduced beyond the amount specified in an order issued by
the President under section 254 for such fiscal year. To the extent such
additional reductions are made and result in additional outlay
reductions, the President may provide for lesser reductions in new
budget authority and unobligated balances for other programs, projects,
or activities within major functional category 050 for such fiscal year,
but only to the extent that the resulting outlay increases do not exceed
the additional outlay reductions, and no such program, project, or
activity may be increased above the level actually made available by law
in appropriation Acts (before taking sequestration into account). In
making calculations under this subsection, the President shall use
account outlay rates that are identical to those used in the report by
the Director of OMB under section 254.
(b) No actions taken by the President under subsection (a) for a
fiscal year may result in a domestic base closure or realignment that
would otherwise be subject to section 2687 of title 10, United States
Code.
(c) The President may not exercise the authority provided by this
paragraph for a fiscal year unless--
(1) the President submits a single report to Congress
specifying, for each account, the detailed changes proposed to
be made for such fiscal year pursuant to this section;
(2) that report is submitted within 5 calendar days of the
start of the next session of Congress; and
(3) a joint resolution affirming or modifying the changes
proposed by the President pursuant to this paragraph becomes
law.
[[Page 973]]
shall (by request) introduce a joint resolution which contains
provisions affirming the changes proposed by the President pursuant to
this paragraph.
(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
(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).
[[Page 974]]
the joint resolution shall remain the unfinished business of the Senate
until disposed of.
(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
(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.
[[Page 975]]
alent to any increase in outlays provided by such amendment or
conference report.
(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 equiv
(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.
[[Page 976]]
(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.
SEC. 258C. 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.
[[Page 977]]
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.
(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
(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 jursidiction 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.
[[Page 978]]
ation 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.
(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
consider
(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.
Sections 258, 258A, 258B, and 258C provide for reporting and
consideration in the Senate but not in the House, where special rules
might be adopted for the purpose.
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