[House Report 112-379]
[From the U.S. Government Publishing Office]
112th Congress Rept. 112-379
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
LEGALLY BINDING BUDGET ACT OF 2011
_______
January 31, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Dreier, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H.R. 3575]
[Including cost estimate of the Congressional Budget Office]
The Committee on Rules, to whom was referred the bill (H.R.
3575) to amend the Congressional Budget Act of 1974 to
establish joint resolutions on the budget, and for other
purposes, having considered the same, reports favorably thereon
with amendments and recommends that the bill as amended do
pass.
table of contents
Page
Amendments.................................................... 2
Purpose and Summary........................................... 2
Background and Need for Legislation........................... 3
Hearings...................................................... 3
Committee Consideration....................................... 3
Committee Votes............................................... 3
Committee Oversight Findings and Recommendations.............. 5
Congressional Budget Office Cost Estimate..................... 5
Performance Goals and Objectives.............................. 6
New Budget Authority, Entitlement Authority, and Tax
Expenditures................................................ 6
Committee Cost Estimate....................................... 6
Federal Mandates Statement.................................... 6
Advisory Committee Statement.................................. 7
Applicability to the Legislative Branch....................... 7
Constitutional Authority Statement............................ 7
Statement Regarding Earmarks.................................. 7
Exchange of Committee Correspondence.......................... 7
Section-by-Section Analysis of the Legislation................ 10
Changes in House Rules Made by the Legislation as Reported.... 11
Changes in Existing Law Made by the Legislation as Reported... 14
Amendments
The amendments are as follows (page and line numbers refer
to the introduced bill):
Strike section 3 and insert:
SEC. 3. CONFORMING AMENDMENTS TO SECTION 300.
Section 300 of the Congressional Budget Act of 1974 is
amended by striking ``concurrent'' in each place it appears and
inserting ``joint''.
Strike section 7 and insert:
SEC. 7. AUTOMATIC CONGRESSIONAL ENFORCEMENT OF JOINT RESOLUTION.
(a) In General.--Title III of the Congressional Budget Act of
1974 is amended by adding after section 315 the following new
section:
``automatic congressional enforcement of joint resolution
``Sec. 316. For purposes of congressional enforcement under
titles III and IV of this Act and the rules of the House of
Representatives and the Senate, the aggregates, allocations,
and any other matters that pertain solely to the Congress set
forth in the joint resolution shall be considered as
enforceable upon enactment or 15 days following presentment to
the President, whichever occurs earlier.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 315 the following new item:
``Sec. 316. Automatic congressional enforcement of joint
resolution.''.
Page 6, strike lines 15 through 21 and redesignate succeeding
sections accordingly.
Purpose and Summary
H.R. 3575, the Legally Binding Budget Act of 2011, reforms
the budget process by establishing a mechanism at the outset of
the budget process to reach agreement between the House,
Senate, and the President on the appropriate levels of
budgetary resources for the upcoming fiscal year. This
mechanism is a joint resolution on the budget, which has the
force of law and, like all laws, requires the signature of the
President (or a two-thirds majority of both Houses overriding a
veto) to be enacted. However, if the President were to veto the
joint budget resolution, or fail to sign it into law within 15
days, Congress will maintain its budget enforcement mechanisms
by providing for automatic establishment of budget levels and
allocations.
Background and Need for Legislation
The Congressional Budget Act of 1974 (CBA) established the
annual concurrent resolution on the budget as the mechanism to
develop, consider, and approve a comprehensive congressional
budget plan. The budget resolution sets forth aggregate
spending and revenue levels, spending totals by major
functional categories, and may include reconciliation
instructions to House or Senate committees. If adopted in
identical form by both the House and Senate, the concurrent
resolution serves as an agreement between the two chambers on a
congressional budget plan for a session of Congress. A
concurrent resolution is not presented to the President for a
signature, and therefore, does not become law.
When the CBA was developed, Congress established a
concurrent budget resolution to create a budget process that
was largely independent of the President. The concurrent budget
resolution was intended to be Congress' response to the
President's submitted budget. Critics have argued that the
current budget resolution process often results in negotiations
beginning late in the budget process as opposed to the
beginning of the process, making it more difficult for the two
branches to eventually reconcile their differences.
In fact, since the creation of the budget resolution in
1974, all regular appropriation bills have been enacted by
October 1, which is the beginning of the fiscal year, just four
times--in 1976, 1988, 1994, and 1996.
Since the enactment of the CBA, reformers have frequently
discussed the prospect of converting concurrent budget
resolutions to joint resolutions as a potential solution to
often stalled budget negotiations.
H.R. 3575, introduced by Rep. Diane Black (R-TN) on
December 7, 2011, would establish a joint resolution on the
budget that with the force of law, would foster early
cooperation between the House, Senate, and the President in the
budget process and lay a clearer path to finalizing budget
resolution policies.
Hearings
The Committee on Rules did not hold hearings on this
measure.
The Committee on the Budget held two oversight hearings on
the budget process where witnesses dissused the topic of joint
budget resolutions. On September 21, 2011, they held a hearing
entitled ``The Broken Budget Process: Perspectives of Former
CBO Directors''; ``The Broken Budget Process: Prespectives from
Budget Experts'' was held on September 22, 2011.
Committee Consideration
The Committee on Rules met on January 23, 2012 in open
session and ordered H.R. 3575 favorably reported to the House
with an amendment by a record vote of 5 yeas and 2 nays, a
quorum being present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto. A
motion by Mr. Sessions to report the bill, as amended, to the
House with a favorable recommendation was agreed to by a record
vote of 5 yeas and 2 nays, a quorum being present.
The names of Members voting for and against follow:
Rules Committee Record Vote No. 181
Motion by Mr. Sessions to report the bill, as amended, to the House with a favorable recommendation. Agreed to:
5 yeas and 2 nays.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions................................... Yea Ms. Slaughter...................... ............
Ms. Foxx....................................... Yea Mr. McGovern....................... Nay
Mr. Bishop of Utah............................. ............ Mr. Hastings (FL).................. ............
Mr. Woodall.................................... ............ Mr. Polis.......................... Nay
Mr. Nugent..................................... Yea ................................... ............
Mr. Scott...................................... Yea ................................... ............
Mr. Webster.................................... ............ ................................... ............
Mr. Dreier, Chairman........................... Yea ................................... ............
----------------------------------------------------------------------------------------------------------------
The Committee also disposed of the following amendments by
record vote:
Rules Committee Record Vote No. 179
Amendment by Mr. McGovern #1a to the Dreier amendment #1 to strike section 7 from the bill. Not agreed to: 2
yeas and 5 nays.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions................................... Nay Ms. Slaughter...................... ............
Ms. Foxx....................................... Nay Mr. McGovern....................... Yea
Mr. Bishop of Utah............................. ............ Mr. Hastings (FL).................. ............
Mr. Woodall.................................... ............ Mr. Polis.......................... Yea
Mr. Nugent..................................... Nay ................................... ............
Mr. Scott...................................... Nay ................................... ............
Mr. Webster.................................... ............ ................................... ............
Mr. Dreier, Chairman........................... Nay ................................... ............
----------------------------------------------------------------------------------------------------------------
Rules Committee Record Vote No. 180
Amendment by Mr. Dreier #1, striking provisions relating to the schedule for consideration of the budget and
inclusion of matter related to the debt limit, and clarifying the exepedited procedures in the bill. Agreed to:
5 yeas and 2 nays.
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions................................... Yea Ms. Slaughter...................... ............
Ms. Foxx....................................... Yea Mr. McGovern....................... Nay
Mr. Bishop of Utah............................. ............ Mr. Hastings (FL).................. ............
Mr. Woodall.................................... ............ Mr. Polis.......................... Nay
Mr. Nugent..................................... Yea ................................... ............
Mr. Scott...................................... Yea ................................... ............
Mr. Webster.................................... ............ ................................... ............
Mr. Dreier, Chairman........................... Yea ................................... ............
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings and Recommendations
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee made findings and
recommendations that are reflected in this report.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 27, 2012.
Hon. David Dreier,
Chairman, Committee on Rules,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3575, the Legally
Binding Budget Act of 2012.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jared
Brewster.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 3575--Legally Binding Budget Act of 2012
H.R. 3575 would change the procedures for considering the
Congressional budget resolution. CBO estimates that enacting
H.R. 3575, by itself, would not have a significant impact on
the federal budget. Any impact on the budget would depend on
the extent of future legislative actions by the Congress and
the President. Enacting H.R. 3575 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
The bill would change the budget resolution from a
concurrent resolution (a legislative measure that is passed by
both the House and Senate, but is not signed into law) to a
joint resolution (a measure passed by both Houses of Congress,
and signed into law by the President). Under H.R. 3575, if a
budget resolution is cleared by the Congress, the items
contained in that resolution that pertain solely to the
Congress would be enforceable upon enactment or 15 days after
it is presented to the President, whichever occurs earlier.
The impact of H.R. 3575 would depend on future actions of
the Congress and the President. Therefore, this bill would
not--by itself--have a significant impact on the federal
budget. However, requiring a budget resolution to be signed
into law may lead to additional difficulties in establishing
the guidelines required for the Congressional budget process.
CBO estimates that any additional administrative costs for
implementing H.R. 3575 would not be significant because both
the executive branch and the Congress already carry out
activities similar to those that would be involved in preparing
and responding to Presidential budget proposals.
H.R. 3575 contains no intergovernmental or private-sector
mandates, as defined in the Unfunded Mandates Reform Act, and--
by itself--would have no impact on the budgets of state, local,
or tribal governments. Any budgetary effects would depend on
subsequent legislative action.
The CBO staff contact for this estimate is Jared Brewster.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the Committee establishes the
following performance related goals and objectives for this
legislation:
The legislation will reform the budget process by
establishing a mechanism at the beginning of the budget process
to reach agreement between the House, Senate, and the President
on the appropriate levels of budgetary resources for the
upcoming fiscal year.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of the section
102(b)(3) of the Congressional Accountability Act.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional Authority of Congress to enact this legislation
is provided by Article 1, section 5, clause 2 (relating to the
right of each House of Congress to determine the rules of its
proceedings), and section 9, clause 7 (relating to the
prohibition on drawing money from the treasury but in
consequence of appropriations made by law).
Statement Regarding Earmarks
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, the Committee finds that H.R. 3575
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9 of
rule XXI.
Exchange of Committee Correspondence
Section-by-Section Analysis of the Legislation
Section 1. Short Title.
This section provides the short title for the bill, the
``Legally Binding Budget Act of 2011.''
Sec. 2. Definitions.
This section strikes the definition of the term
``concurrent resolution on the budget'' from section 3 of the
Congressional Budget Act of 1974 (CBA) and inserts a new
definition of the term ``joint resolution on the budget''.
Sec. 3. Conforming Amendments to Section 300.
This section makes conforming changes to the schedule for
consideration of the budget to reflect the change from using a
concurrent resolution to a joint resolution.
Sec. 4. Amendments to Section 303 and Conforming Amendments.
This section makes conforming changes to the section 303 of
the CBA to reflect the change from using a concurrent
resolution to a joint resolution.
Sec. 5. Permissible Revisions of Budget Resolutions.
This section revises section 304 of the CBA to provide that
a joint resolution on the budget enacted into law may be
amended by another joint resolution.
Sec. 6. Limitations on the Content of Budget Resolutions.
This section clarifies that it will not be in order in the
House of Representatives or in the Senate to consider any joint
resolution on the budget or any amendment thereto or conference
report thereon that include extraneous matters not listed in
sections 301(a) or (b) of the CBA. The Committee intends that
the joint resolution contain only those matters that have
traditionally been included in past budget resolutions, and not
be used as a vehicle for substantive changes in law.
Sec. 7. Automatic Congressional Enforcement of Joint Resolution.
This section adds a new section to title III of the CBA,
which provides that if the President vetoes a joint resolution
on the budget, or fails to sign it into law within 15 days, the
aggregates, allocations, and any other matters that pertain
solely to the Congress set forth in that joint resolution will,
for purposes of titles III and IV, and be enforceable in the
House of Representatives and the Senate as if the joint
resolution had been enacted.
Sec. 8. Additional Amendments to the Congressional Budget Act of 1974
to Effectuate Joint Resolutions on the Budget.
This section makes conforming amendments to sections 301,
302, 303, 304, 305, 308, 310, 311, 312, 314, 405, and 904 of
the CBA to reflect the change from using a concurrent
resolution to a joint resolution.
Sec. 9. Amendments to the Rules of the House of Representatives to
Effectuate Joint Budget Resolutions.
This section makes conforming amendments to clauses
1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule X,
clause 10 of rule XVIII, clause 10 of rule XX, and clauses 7
and 10 of rule XXI of the Rules of the House of Representatives
to reflect the change from using a concurrent resolution to a
joint resolution.
Sec. 10. Conforming Amendments to the Balanced Budget and Emergency
Deficit Control Act of 1985.
This section makes conforming changes to section 258 of the
Balanced Budget and Emergency Deficit Control Act of 1985 to
reflect the change from using a concurrent resolution to a
joint resolution.
Changes in House Rules Made by the Bill, as Reported
In compliance with clause 3(g) of rule XIII of the Rules of
the House of Representatives, changes in the Rules of the House
made by the bill, as reported, are shown as follows (existing
rules proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
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:
* * * * * * *
(d) Committee on the Budget
(1) [Concurrent] Joint 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.
* * * * * * *
Additional functions of committees
4.(a) * * *
* * * * * * *
(4) In the manner provided by section 302 of the
Congressional Budget Act of 1974, the Committee on
Appropriations (after consulting with the Committee on
Appropriations of the Senate) shall subdivide any allocations
made to it in the joint explanatory statement accompanying the
conference report on such [concurrent] joint resolution, and
promptly report the subdivisions to the House as soon as
practicable after a [concurrent] joint resolution on the budget
for a fiscal year is agreed to.
(b) The Committee on the Budget shall--
* * * * * * *
(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] joint resolutions on the budget for each
fiscal year;
* * * * * * *
Budget Act responsibilities
(f) (1) Each standing committee shall submit to the Committee
on the Budget not later than six weeks after the submission of
the budget by the President, or at such time as the Committee
on the Budget may request--
(A) its views and estimates with respect to all
matters to be set forth in the [concurrent] joint
resolution on the budget for the ensuing fiscal year
that are within its jurisdiction or functions; and
* * * * * * *
(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] joint resolution on the budget.
* * * * * * *
RULE XVIII.
The Committee of the Whole House on the State of the Union
* * * * * * *
[Concurrent] Joint Resolution on the Budget
1.(a) At the conclusion of general debate in the Committee of
the Whole House on the state of the Union on a [concurrent]
joint resolution on the budget under section 305(a) of the
Congressional Budget Act of 1974, the [concurrent] joint
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] joint resolution on the budget, or
an amendment thereto, unless the [concurrent] joint 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] joint 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] joint
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] joint resolution, as
reported, to reflect changes made in other figures contained in
the [concurrent] joint resolution.
* * * * * * *
RULE XX.
Voting and Quorum Calls
* * * * * * *
Automatic yeas and nays
10. The yeas and nays shall be considered as ordered when the
Speaker puts the question on passage of a bill or joint
resolution, or on adoption of a conference report, making
general appropriations, or increasing Federal income tax rates
(within the meaning of clause 5 of rule XXI), or on final
adoption of a [concurrent] joint resolution on the budget or
conference report thereon.
* * * * * * *
RULE XXI.
Restrictions on Certain Bills
* * * * * * *
7. It shall not be in order to consider a [concurrent] joint
resolution on the budget, or an amendment thereto, or a
conference report thereon that contains reconciliation
directives under section 310 of the Congressional Budget Act of
1974 that specify changes in law such that the reconciliation
legislation reported pursuant to such directives would cause an
increase in net direct spending (as such term is defined in
clause 10) for the period covered by such [concurrent] joint
resolution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
CONGRESSIONAL BUDGET ACT OF 1974
SHORT TITLES; TABLE OF CONTENTS
Section 1. (a) * * *
(b) Table of Contents.--
Sec. 1. Short titles; table of contents.
* * * * * * *
Sec. 301. [Annual adoption of concurrent resolution] Joint resolutions
on the budget.
* * * * * * *
[Sec. 303. Concurrent resolution on the budget must be adopted before
budget-related legislation is considered.]
Sec. 303. Consideration of budget-related legislation before budget
becomes law.
* * * * * * *
Sec. 305. Provisions relating to consideration of [concurrent] joint
resolutions on the budget.
* * * * * * *
Sec. 316. Automatic congressional enforcement of joint resolution.
* * * * * * *
Sec. 3. In General.--For purposes of this Act--
(1) * * *
* * * * * * *
[(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.]
(4) The term ``joint resolution on the budget''
means--
(A) a joint resolution setting forth the
budget for the United States Government for a
fiscal year as provided in section 301; and
(B) any other joint resolution revising the
budget for the United States Government for a
fiscal year as described in section 304.
* * * * * * *
TITLE III--CONGRESSIONAL BUDGET PROCESS
TIMETABLE
Sec. 300. 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] joint .
resolution on the budget.
April 15..........Congress completes action on [concurrent] joint ....
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] joint resolutions on the
budget
Sec. 301. (a) Content of [Concurrent] Joint Resolution on the
Budget.--On or before April 15 of each year, the Congress shall
complete action on a [concurrent] joint resolution on the
budget for the fiscal year beginning on October 1 of such year.
The [concurrent] joint resolution shall set forth appropriate
levels for the fiscal year beginning on October 1 of such year
and for at least each of the 4 ensuing fiscal years for the
following--
(1) * * *
* * * * * * *
The [concurrent] joint 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.
(b) Additional Matters in [Concurrent] Joint Resolution.--The
[concurrent] joint resolution on the budget may--
(1) * * *
* * * * * * *
(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] joint resolution
to be reported in accordance with section 310(b);
* * * * * * *
(5) include a heading entitled ``Debt Increase as
Measure of Deficit'' in which the [concurrent] joint
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] joint resolution shall set forth the
balances of the Federal retirement trust funds;
* * * * * * *
(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] joint 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] joint 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] joint resolution referred to it under
this paragraph with an amendment or amendments changing or
striking out any such procedure or matter.
* * * * * * *
(e) Hearings and Report.--
(1) In general.--In developing the [concurrent] joint
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] joint 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] joint resolution are designed to achieve
any goals it is recommending.
* * * * * * *
(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] joint 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] joint 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.
* * * * * * *
(g) Economic Assumptions.--
(1) It shall not be in order in the Senate to
consider any [concurrent] joint 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] joint 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.
* * * * * * *
(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] joint 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] joint 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] joint 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. (a) Committee Spending Allocations.--
(1) Allocation among committees.--The joint
explanatory statement accompanying a conference report
on a [concurrent] joint 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) * * *
* * * * * * *
(5) Adjusting allocation of discretionary spending in
the house of representatives.--(A) If a [concurrent]
joint 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] enacted joint resolution on the
budget for the appropriate fiscal year covered by that
resolution.
* * * * * * *
(b) Suballocations by Appropriations Committees.--As soon as
practicable after a [concurrent] joint resolution on the budget
is [agreed to] enacted, 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.
* * * * * * *
(d) Subsequent [Concurrent] Joint Resolutions.--In the case
of a [concurrent] joint 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]
most recently enacted joint resolution on the budget.
* * * * * * *
(f) Legislation Subject to Point of Order.--
(1) In the house of representatives.--After the
Congress has completed action on a [concurrent] joint
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) * * *
* * * * * * *
(2) In the senate.--After a [concurrent] joint
resolution on the budget is [agreed to] enacted, it
shall not be in order in the Senate to consider any
bill, joint resolution, amendment, motion, or
conference report that would cause--
(A) * * *
* * * * * * *
(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] most recently enacted joint
resolution on the budget--
(i) * * *
* * * * * * *
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] joint 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] joint 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]
most recently enacted joint resolution on the budget--
(i) * * *
* * * * * * *
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]
joint 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] joint
resolution.
(2) Revised allocations.--(A) * * *
(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] most
recently enacted joint resolution on the budget.
[concurrent resolution on the budget must be adopted before budget-
related legislation is considered]
CONSIDERATION OF BUDGET-RELATED LEGISLATION BEFORE BUDGET BECOMES LAW
Sec. 303. [(a) In General.--]Until the [concurrent] joint
resolution on the budget for a fiscal year [has been agreed to]
takes effect, 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--
(1) * * *
* * * * * * *
[(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. 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.]
PERMISSIBLE REVISIONS OF BUDGET RESOLUTIONS
Sec. 304. At any time after the joint resolution on the
budget for a fiscal year has been enacted pursuant to section
301, and before the end of such fiscal year, the two Houses and
the President may enact a joint resolution on the budget which
revises or reaffirms the joint resolution on the budget for
such fiscal year most recently enacted, and for purposes of the
enforcement of the Congressional Budget Act of 1974, the
chairman of the Budget Committee of the House of
Representatives or the Senate, as applicable, may adjust levels
as needed for the enforcement of the budget resolution.
PROVISIONS RELATING TO THE CONSIDERATION OF [CONCURRENT] JOINT
RESOLUTIONS ON THE BUDGET
Sec. 305. (a) Procedure in House of Representatives After
Report of Committee; Debate.--
(1) When a [concurrent] joint 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 of the Rules of the House of
Representatives, to move to proceed to the
consideration of the [concurrent] joint 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.
(2) General debate on any [concurrent] joint
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] joint resolution
is not in order, and it is not in order to move to
reconsider the vote by which the [concurrent] joint
resolution is agreed to or disagreed to.
(3) Following the presentation of opening statements
on the [concurrent] joint 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] joint 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) Consideration of any [concurrent] joint
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 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.
(6) Debate in the House of Representatives on the
conference report on any [concurrent] joint 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] joint 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] joint
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] joint
resolution referred to in section 304(a) all such
debate shall be limited to not more than 15 hours. The
time shall be equally divided between, and controlled
by, the majority leader and the minority leader or
their designees.
(2) Debate in the Senate on any amendment to a
[concurrent] joint 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] joint 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] joint resolution, except that in
the event the manager of the [concurrent] joint
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] joint resolution shall be received. Such
leaders, or either of them, may, from the time under
their control on the passage of the [concurrent] joint
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] joint 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] joint 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] joint resolution.
(6) Notwithstanding any other rule, an amendment or
series of amendments to a [concurrent] joint 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] joint resolution so as to make
such [concurrent] joint 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] joint 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] joint 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).
* * * * * * *
(d) [Concurrent] Joint 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] joint resolution on the budget
unless the figures then contained in such resolution
are mathematically consistent; or
(2) a conference report on a [concurrent] joint
resolution on the budget unless the figures contained
in such resolution, as recommended in such conference
report, are mathematically consistent.
(e) Limitation on Contents.--(1) It shall not be in order in
the House of Representatives or in the Senate to consider any
joint resolution on the budget or any amendment thereto or
conference report thereon that contains any matter referred to
in paragraph (2).
(2) Any joint resolution on the budget or any amendment
thereto or conference report thereon that contains any matter
not permitted in section 301(a) or (b) shall not be treated in
the House of Representatives or the Senate as a budget
resolution under subsection (a) or (b) or as a conference
report on a budget resolution under subsection (c) of this
section.
* * * * * * *
REPORTS, SUMMARIES, AND PROJECTIONS OF CONGRESSIONAL BUDGET ACTIONS
Sec. 308. (a) Legislation Providing New Budget Authority or
Providing an Increase or Decrease in Revenues or Tax
Expenditures.--
(1) Whenever a committee of either House reports to
its House a bill or joint resolution, or committee
amendment thereto, providing new budget authority
(other than continuing appropriations) or providing an
increase or decrease in revenues or tax expenditures
for a fiscal year (or fiscal years), the report
accompanying that bill or joint resolution shall
contain a statement, or the committee shall make
available such a statement in the case of an approved
committee amendment which is not reported to its House,
prepared after consultation with the Director of the
Congressional Budget Office--
(A) comparing the levels in such measure to
the appropriate allocations in the reports
submitted under section 302(b) for the [most
recently agreed to concurrent resolution on the
budget] most recently enacted joint resolution
on the budget for such fiscal year (or fiscal
years);
* * * * * * *
(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] joint 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] joint 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] joint resolution.
* * * * * * *
RECONCILIATION
Sec. 310. (a) Inclusion of Reconciliation Directives in
[Concurrent] Joint Explanatory Statement Accompanying
Conference Report on Joint Resolutions on the Budget.--[A] The
joint explanatory statement accompanying the conference report
on a [concurrent] joint resolution on the budget for any fiscal
year, to the extent necessary to effectuate the provisions and
requirements of such resolution, shall--
(1) * * *
* * * * * * *
(b) Legislative Procedure.--[If] If the joint explanatory
statement accompanying the conference report on a [concurrent]
joint resolution containing directives to one or more
committees to determine and recommend changes in laws, bills,
or resolutions is [agreed to] enacted in accordance with
subsection (a), and--
(1) * * *
* * * * * * *
For purposes of this subsection, a reconciliation resolution is
a [concurrent] joint 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 the joint explanatory statement
accompanying the conference report on a [concurrent] joint
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]
joint resolution to recommend under that
paragraph by more than--
(I) * * *
* * * * * * *
(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]
joint resolution to recommend under that
paragraph by more than--
(I) * * *
* * * * * * *
(2)(A) * * *
* * * * * * *
(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] joint resolution on the
budget pursuant to section 301.
* * * * * * *
(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] most recently enacted joint
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.
* * * * * * *
(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] joint 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] joint 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.
* * * * * * *
(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] joint 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] joint resolution on the budget
[agreed to] enacted 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. (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] joint 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) * * *
* * * * * * *
would cause the level of total new budget authority or
total outlays set forth in the applicable [concurrent]
joint 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] joint 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] joint
resolution on the budget is [agreed to] enacted, it
shall not be in order in the Senate to consider any
bill, joint resolution, amendment, motion, or
conference report that--
(A) * * *
* * * * * * *
(3) Enforcement of social security levels in the
senate.--After a [concurrent] joint resolution on the
budget is [agreed to] enacted, 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).
* * * * * * *
DETERMINATIONS AND POINTS OF ORDER
Sec. 312. (a) * * *
* * * * * * *
(c) Maximum Deficit Amount Point of Order in the Senate.--It
shall not be in order in the Senate to consider any
[concurrent] joint resolution on the budget for a fiscal year,
or to consider any amendment to that [concurrent] joint
resolution, or to consider a conference report on that
[concurrent] joint resolution, if--
(1) the level of total outlays for the first fiscal
year set forth in that [concurrent] joint resolution or
conference report exceeds; or
* * * * * * *
ADJUSTMENTS
Sec. 314. (a) Adjustments.--After the reporting of a bill or
joint resolution or the offering of an amendment thereto or the
submission of a conference report thereon, the chairman of the
Committee on the Budget of the House of Representatives or the
Senate may make appropriate budgetary adjustments of new budget
authority and the outlays flowing therefrom in the same amount
as required by section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(b) Application of Adjustments.--The adjustments made
pursuant to subsection (a) for legislation shall--
(1) apply while that legislation is under
consideration;
(2) take effect upon the enactment of that
legislation; and
(3) be published in the Congressional Record as soon
as practicable.
(c) Reporting Revised Suballocations.--Following any
adjustment made under subsection (a), the Committees on
Appropriations of the Senate and the House of Representatives
may report appropriately revised suballocations under section
302(b) to carry out this section.
(d) Emergencies in the House of Representatives.-- (1) In the
House of Representatives, if a reported bill or joint
resolution, or amendment thereto or conference report thereon,
contains a provision providing new budget authority and outlays
or reducing revenue, and a designation of such provision as an
emergency requirement pursuant to 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, the chair of
the Committee on the Budget of the House of Representatives
shall not count the budgetary effects of such provision for
purposes of title III and title IV of the Congressional Budget
Act of 1974 and the Rules of the House of Representatives.
(2)(A) In the House of Representatives, if a reported bill or
joint resolution, or amendment thereto or conference report
thereon, contains a provision providing new budget authority
and outlays or reducing revenue, and a designation of such
provision as an emergency pursuant to paragraph (1), the chair
of the Committee on the Budget shall not count the budgetary
effects of such provision for purposes of this title and title
IV and the Rules of the House of Representatives.
(B) In the House of Representatives, a proposal to strike a
designation under subparagraph (A) shall be excluded from an
evaluation of budgetary effects for purposes of this title and
title IV and the Rules of the House of Representatives.
(C) An amendment offered under subparagraph (B) that also
proposes to reduce each amount appropriated or otherwise made
available by the pending measure that is not required to be
appropriated or otherwise made available shall be in order at
any point in the reading of the pending measure.
(e) Senate Point of Order Against an Emergency Designation.--
(1) In general.--When the Senate is considering a
bill, resolution, amendment, motion, amendment between
the Houses, or conference report, if a point of order
is made by a Senator against an emergency designation
in that measure, that provision making such a
designation shall be stricken from the measure and may
not be offered as an amendment from the floor.
(2) Supermajority waiver and appeals.--
(A) Waiver.--Paragraph (1) may be waived or
suspended in the Senate only by an affirmative
vote of three-fifths of the Members, duly
chosen and sworn.
(B) Appeals.--Appeals in the Senate from the
decisions of the Chair relating to any
provision of this subsection shall be limited
to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of
the bill or joint resolution, as the case may
be. An affirmative vote of 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.
(3) Definition of an emergency designation.--For
purposes of paragraph (1), a provision shall be
considered an emergency designation if it designates
any item pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of
1985.
(4) Form of the point of order.--A point of order
under paragraph (1) may be raised by a Senator as
provided in section 313(e) of the Congressional Budget
Act of 1974.
(5) Conference reports.--When the Senate is
considering a conference report on, or an amendment
between the Houses in relation to, a bill, upon a point
of order being made by any Senator pursuant to this
section, and such point of order being sustained, such
material contained in such conference report shall be
deemed stricken, and the Senate shall proceed to
consider the question of whether the Senate shall
recede from its amendment and concur with a further
amendment, or concur in the House amendment with a
further amendment, as the case may be, which further
amendment shall consist of only that portion of the
conference report or House amendment, as the case may
be, not so stricken. Any such motion in the Senate
shall be debatable. In any case in which such point of
order is sustained against a conference report (or
Senate amendment derived from such conference report by
operation of this subsection), no further amendment
shall be in order.
(f) Enforcement of Discretionary Spending Caps.--It shall not
be in order in the House of Representatives or the Senate to
consider any bill, joint resolution, amendment, motion, or
conference report that would cause the discretionary spending
limits as set forth in section 251 of the Balanced Budget and
Emergency Deficit Control Act to be exceeded.
* * * * * * *
AUTOMATIC CONGRESSIONAL ENFORCEMENT OF JOINT RESOLUTION
Sec. 316. For purposes of congressional enforcement under
titles III and IV of this Act and the rules of the House of
Representatives and the Senate, the aggregates, allocations,
and any other matters that pertain solely to the Congress set
forth in the joint resolution shall be considered as
enforceable upon enactment or 15 days following presentment to
the President, whichever occurs earlier.
TITLE IV--ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES
Part A--General Provisions
* * * * * * *
OFF-BUDGET AGENCIES, PROGRAMS, AND ACTIVITIES
Sec. 405. (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] joint 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.
* * * * * * *
TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES
* * * * * * *
EXERCISE OF RULEMAKING POWERS
Sec. 904. (a) * * *
* * * * * * *
(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] joint
resolution, reconciliation bill, or rescission bill, as
the case may be.
* * * * * * *
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BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985
* * * * * * *
PART C--EMERGENCY POWERS TO ELIMINATE DEFICITS IN EXCESS OF MAXIMUM
DEFICIT AMOUNT
* * * * * * *
SEC. 258C. SPECIAL RECONCILIATION PROCESS.
(a) * * *
(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] joint 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.
* * * * * * *