[House Prints 112-3]
[From the U.S. Government Publishing Office]
[COMMITTEE PRINT]
COMPILATION OF LAWS AND RULES
RELATING TO THE CONGRESSIONAL
BUDGET PROCESS
AS AMENDED THROUGH AUGUST 3, 2012
----------
COMMITTEE ON THE BUDGET
U.S. HOUSE OF REPRESENTATIVES
Serial No. CP-3
Printed for the use of the Committee on the Budget
[COMMITTEE PRINT]
COMPILATION OF LAWS AND RULES
RELATING TO THE CONGRESSIONAL
BUDGET PROCESS
AS AMENDED THROUGH AUGUST 3, 2012
__________
COMMITTEE ON THE BUDGET
U.S. HOUSE OF REPRESENTATIVES
Serial No. CP-3
Printed for the use of the Committee on the Budget
_____
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COMMITTEE ON THE BUDGET
PAUL RYAN, Wisconsin, Chairman
SCOTT GARRETT, New Jersey CHRIS VAN HOLLEN, Maryland,
MICHAEL K. SIMPSON, Idaho Ranking Minority Member
JOHN CAMPBELL, California ALLYSON Y. SCHWARTZ, Pennsylvania
KEN CALVERT, California MARCY KAPTUR, Ohio
W. TODD AKIN, Missouri LLOYD DOGGETT, Texas
TOM COLE, Oklahoma EARL BLUMENAUER, Oregon
TOM PRICE, Georgia BETTY McCOLLUM, Minnesota
TOM McCLINTOCK, California JOHN A. YARMUTH, Kentucky
JASON CHAFFETZ, Utah BILL PASCRELL, Jr., New Jersey
MARLIN A. STUTZMAN, Indiana MICHAEL M. HONDA, California
JAMES LANKFORD, Oklahoma TIM RYAN, Ohio
DIANE BLACK, Tennessee DEBBIE WASSERMAN SCHULTZ, Florida
REID J. RIBBLE, Wisconsin GWEN MOORE, Wisconsin
BILL FLORES, Texas KATHY CASTOR, Florida
MICK MULVANEY, South Carolina HEATH SHULER, North Carolina
TIM HUELSKAMP, Kansas KAREN BASS, California
TODD C. YOUNG, Indiana SUZANNE BONAMICI, Oregon
JUSTIN AMASH, Michigan
TODD ROKITA, Indiana
FRANK C. GUINTA, New Hampshire
ROB WOODALL, Georgia
Professional Staff
Austin Smythe, Staff Director
Thomas S. Kahn, Minority Staff Director
INTRODUCTION
----------
This compilation includes the relevant Congressional
procedures, statutes, rules, scorekeeping guidelines and other
matter related to the budget making process of the United
States. Congress estimates the spending, revenue, deficit and
debt levels of the budget of the United States for each fiscal
year. The fiscal years after the budget year are also included
in that budget. A ``budget year'' is defined in law as the
fiscal year encompassing October 1 through September 30 of the
calendar year in which a session of Congress first meets which
occurs early in January of each year.
The consideration, adoption, and enforcement of spending,
revenue, deficit and debt limit legislation each year must
comply with the parameters set by the budget.
Each year, Congress must adopt a budget. This takes the
form as a ``Concurrent Resolution on the Budget'' for a fiscal
year. This budget resolution, though its terms are set in law
in the Congressional Budget Act of 1974, is tantamount, in
application, to the Rules of both the House of Representatives
and the Senate.
Statutory controls in law are enforcement procedures that
uphold spending, revenue, deficits and debt levels after
legislation has been adopted. If that legislation causes those
levels to be exceeded, certain changes automatically take
effect, a procedure known as sequestration.
The Congressional Budget and Impoundment Control Act of 1974
The Congressional Budget and Impoundment Control Act of
1974 (Public Law 93-344; 2 U.S.C. 621 et seq.) is the law that
sets the foundation for the congressional budget process. It
established the Committees on the Budget in the House of
Representatives and the Senate and the Congressional Budget
Office. It outlines their functions and duties, and established
the requirements for adopting the concurrent resolution on the
budget for each fiscal year.
Balanced Budget and Emergency Deficit Control Act of 1985
The Balanced Budget and Emergency Deficit Control Act of
1985 (BBEDCA), also known as the Gramm-Rudman-Hollings Act, was
enacted as title II of Public Law 99-177 (2 U.S.C. 900 et
seq.). It was included in the law increasing the statutory debt
limit. BBEDCA included several significant budget process
changes including: the requirement of one budget resolution
each year (rather than two), the requirement that budget
resolution reports include committee allocations of spending,
and points of order to enforce budget levels in an adopted
budget resolution. BBEDCA notably established deficit targets
for fiscal years 1985 through 1990 and sequestration procedures
to enforce those targets. The enforcement provisions were
revised pursuant to the Balanced Budget and Emergency Deficit
Control Reaffirmation Act of 1987 following the ruling in
Bowsher v. Synar (478 U.S. 714) (1986) that found some aspects
unconstitutional. However, in 1990, Congress effectively
replaced deficit-target enforcement by adopting discretionary
spending limits and Pay-As-You-Go Rules pursuant to the Budget
Enforcement Act of 1990.
Budget Enforcement Act of 1990
The Budget Enforcement Act of 1990 (BEA) was enacted as
title XIII of the Omnibus Budget Reconciliation Act of 1990
(Public Law 101-508). The BEA added new points of order and
procedures to the budget process, which are included in this
compilation, such as freestanding provisions on the off-budget
status of Social Security. It also incorporated a modified
version of the Senate's reconciliation Rule on extraneous
matter (Byrd Rule) into the CBA. The BEA also established Pay-
As-You-Go (PAYGO) procedures, which required that direct
spending increases and revenue decreases be offset with either
direct spending decreases or revenue increases. In addition,
the BEA established discretionary spending limits, which placed
caps on appropriations. These provisions replaced the deficit-
target procedures of BBEDCA. BEA enforcement was extended
twice--first under title XIV of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103-66) and last under
title X of the Balanced Budget Act of 1997 (Public Law 105-
33)--before ultimately terminating in 2002.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Public Law 104-4)
established procedures to consider federal unfunded mandates
imposed on state and local governments (intergovernmental
mandates) and the private sector. Sections of the Unfunded
Mandates Reform Act are incorporated in title IV of the CBA.
This compilation also includes several selected freestanding
provisions of the Unfunded Mandates Reform Act.
Line Item Veto Act of 1996
The Line Item Veto Act of 1996 (Public Law 104-130)
established procedures to allow the President to cancel
specific budgetary provisions in laws signed by the President
without the approval of Congress. The United States Supreme
Court found the Line Item Veto Act of 1996 unconstitutional in
Clinton, et al. v. City of New York, et al., 118 S.Ct. 2091
(1998).
Emergency Economic Stabilization Act of 2008
In 2008, Congress enacted the ``Emergency Economic
Stabilization Act of 2008'' (EESA) (Public Law 110-343). It
provided for the purchase of troubled mortgage-related assets
by the Federal government pursuant to the Troubled Assets
Relief Program (TARP). EESA included several budget-related
provisions, such as providing that activities conducted under
TARP be estimated under the Federal Credit Reform Act of 1990
(2 U.S.C. 661 et seq.) modified to use a risk-adjusted discount
rate. It also included a requirement that the Office of
Management and Budget submit a proposal five years after
enactment of the Act enabling Congress to recoup from the
financial industry any losses to taxpayers and reporting
requirements for the Office of Management and Budget and the
Congressional Budget Office related to the Act.
Statutory Pay-As-You-Go Act of 2010
In 2010, Congress enacted the ``Statutory Pay-As-You-Go Act
of 2010.'' (Public Law 111-139). It included new methods of
enforcing certain sections of the ``Balanced Budget and
Emergency Deficit Control Act of 1985.'' It amended certain
sections of the Balanced Budget and Emergency Deficit Control
Act of 1985 such as the sequestrable base and established pay
as you go requirements.
Budget Control Act of 2011
The Budget Control Act of 2011 authorized an increase in
the public debt limit of at least $2.1 trillion (and up to $2.4
trillion under certain conditions). The increase was subject to
a disapproval process requiring the support of two-thirds of
each chamber to prevent a debt limit increase.
The Act established statutory caps on discretionary
spending through 2021. It established a Joint Select Committee
on Deficit Reduction. This select committee was to report a
bill reducing the federal deficit by $1.2 trillion over a 10-
year period ending in fiscal year 2021. The legislation from
the joint committee would be considered under procedures that
prevent amendment and limit debate.
Budget Submitted to Congress by the President
The Congressional Budget Act of 1974 requires the President
to submit a budget by the first Monday in February of each
calendar year. Chapter 11 of Title 31 of the United States Code
sets out the specific items that the President must include in
the budget submission.
Scorekeeping
The Congressional Budget Office, the Office of Management
and Budget, and the House and Senate Budget Committees follow
specific Rules for determining the budgetary effects of
legislation known as scorekeeping guidelines. These guidelines
are reviewed regularly but are only changed if Congress and the
Administration are in agreement on proposed changes.
Advance Appropriations
Since 2001, the annual concurrent resolution on the budget
has included limits on the amounts and uses of advance
appropriations. This includes an overall spending level and a
set number of accounts allowed to receive advance budget
authority. each set out in the report or joint statement of
managers of the budget resolution, as applicable.
C O N T E N T S
__________
Page
Congressional Budget and Impoundment Control Act of 1974
Sec. 1. Short titles; table of contents...................... 3
Sec. 2. Declaration of purposes.............................. 5
Sec. 3. Definitions.......................................... 5
Title I--Establishment of House and Senate Budget Committees:
Sec. 101. Budget Committee of the House of
Representatives........................................ 8
Sec. 102. Budget Committee of the Senate................. 9
Title II--Congressional Budget Office:
Sec. 201. Establishment of office........................ 11
Sec. 202. Duties and functions........................... 13
Sec. 203. Public access to budget data................... 16
Title III--Congressional Budget Process:
Sec. 300. Timetable...................................... 18
Sec. 301. Annual adoption of concurrent resolution on the
budget................................................. 18
Sec. 302. Committee allocations.......................... 22
Sec. 303. Concurrent resolution on the budget must be
adopted before budget-related legislation is considered 26
Sec. 304. Permissible revisions of concurrent resolutions
on the budget.......................................... 27
Sec. 305. Provisions relating to the consideration of
concurrent resolutions on the budget................... 27
Sec. 306. Legislation dealing with congressional budget
must be handled by Budget Committees................... 30
Sec. 307. House committee action on all appropriation
bills to be completed by June 10....................... 30
Sec. 308. Reports, summaries, and projections of
congressional budget actions........................... 30
Sec. 309. House approval of regular appropriation bills.. 32
Sec. 310. Reconciliation................................. 33
Sec. 311. Budget-related legislation must be within
appropriate levels..................................... 36
Sec. 312. Determinations of points of order.............. 38
Sec. 313. Extraneous matter in reconciliation legislation 39
Sec. 314. Adjustments.................................... 41
Sec. 315. Effect of adoption of a special order of
business in the House of Representatives............... 43
Title IV--Additional Provisions to Improve Fiscal Procedures:
Part A--General Provisions:
Sec. 401. Budget-related legislation not subject to
appropriations..................................... 44
Sec. 402. Analysis by Congressional Budget Office.... 45
Sec. 403. Jurisdiction of Appropriations Committees.. 46
Sec. 404. Study by the General Accounting Office of
forms of federal financial commitment that are not
reviewed annually by Congress...................... 46
Sec. 405. Off-budget agencies, programs, and
activities......................................... 46
Sec. 406. Member user group.......................... 47
Part B--Federal Mandates:
Sec. 421. Definitions................................ 47
Sec. 422. Exclusions................................. 50
Sec. 423. Duties of congressional committees......... 50
Sec. 424. Duties of the Director; statements on bills
and joint resolutions other than appropriations
bills and joint resolutions........................ 52
Sec. 425. Legislation subject to point of order...... 54
Sec. 426. Provisions relating to the House of
Representatives.................................... 56
Sec. 427. Requests to the Congressional Budget Office
from senators...................................... 57
Sec. 428. Clarification of application............... 57
Title V--Credit Reform:
Sec. 500. Short title.................................... 59
Sec. 501. Purposes....................................... 59
Sec. 502. Definitions.................................... 59
Sec. 503. OMB and CBO analysis, coordination and review.. 61
Sec. 504. Budgetary treatment............................ 61
Sec. 505. Authorizations................................. 63
Sec. 506. Treatment of deposit insurance and agencies and
other insurance programs............................... 64
Sec. 507. Effect on other laws........................... 65
Title VI--Amendments to Budget and Accounting Act of 1921
[Repealed]
Title VII--Program Review and Evaluation:
Sec. 701. Review and evaluation of standing committees... 67
Sec. 702. Review and evaluation by the Comptroller
General................................................ 67
Sec. 703. Continuing study of additional budget reform
proposals.............................................. 67
Title VIII--Fiscal and Budgetary Information and Controls:
Sec. 801. Amendment to Legislative Reorganization Act of
1970................................................... 69
Sec. 802. Changes in functional categories............... 69
Title IX--Miscellaneous Provisions; Effective Dates:
Sec. 901. Amendments to the Rules of the House........... 70
Sec. 902. Conforming amendments to the Standing Rules of
the Senate............................................. 70
Sec. 903. Amendments to the Legislative Reorganization
Act of 1946............................................ 71
Sec. 904. Exercise of rulemaking powers.................. 71
Sec. 905. Effective dates................................ 72
Title X--Impoundment Control:
Part A--General Provisions:
Sec. 1001. Disclaimer................................ 73
Sec. 1002. Amendment to Antideficiency Act........... 73
Sec. 1003. Repeal of existing impoundment reporting
provision.......................................... 73
Part B--Congressional consideration of proposed
rescissions, reservations, and deferrals of budget
authority:
Sec. 1011. Definitions............................... 73
Sec. 1012. Rescission of budget authority............ 74
Sec. 1013. Proposed deferrals of budget authority.... 75
Sec. 1014. Transmission of messages; publication..... 76
Sec. 1015. Reports by Comptroller General............ 77
Sec. 1016. Suits by Comptroller General.............. 77
Sec. 1017. Procedure in House and Senate............. 78
Balanced Budget and Emergency Deficit Control Act of 1985
Part C--Emergency Powers To Eliminate Deficits in Excess Of
Maximum Deficit Amount:
Sec. 250. Table of contents; statement of budget
enforcement through sequestration; definitions......... 83
Sec. 251. Enforcing discretionary spending limits........ 86
Sec. 251A. Enforcement of budget goal.................... 91
Sec. 252. Enforcing pay-as-you-go........................ 95
Sec. 253. Enforcing deficit targets...................... 97
Sec. 254. Reports and orders............................. 100
Sec. 255. Exempt programs and activities................. 104
Sec. 256. General and special sequestration rules........ 110
Sec. 257. The baseline................................... 116
Sec. 258. Suspension in the event of war or low growth... 118
Sec. 258A. Modification of Presidential order............ 120
Sec. 258B. Flexibility among defense programs, projects,
and activities......................................... 123
Sec. 258C. Special reconciliation process................ 126
Part D--Budgetary Treatment of Social Security:
Sec. 261. Treatment of Trust Funds....................... 128
Part E--Miscellaneous and Related Provisions:
Sec. 271. Waivers and suspensions; rulemaking powers..... 128
Sec. 272. Restoration of trust fund investments.......... 128
Sec. 273. Revenue estimates.............................. 128
Sec. 274. Judicial review................................ 128
Sec. 275. Effective dates [Repealed]..................... 130
Budget Enforcement Act of 1990
Sec. 13001. Short title; table of contents................... 133
Subtitle A--Amendments to the Balanced Budget and Emergency
Deficit Control Act of 1985 and Related Amendments:
Part I--Amendments to the Balanced Budget and Emergency
Deficit Control Act of 1985:
Sec. 13101. Sequestration............................ 133
Part II--Related Amendments:
Sec. 13111. Temporary amendments to the Congressional
Budget Act of 1974................................. 133
Sec. 13112. Conforming amendments.................... 133
Subtitle B--Permanent Amendments to the Congressional Budget
and Impoundment Control Act of 1974:
Sec. 13201. Credit accounting............................ 133
Sec. 13202. Codification of provision regarding revenue
estimates.............................................. 133
Sec. 13203. Debt increase as measure of deficit; display
of federal retirement trust fund balance............... 133
Sec. 13204. Pay-As-You-Go Procedures..................... 133
Sec. 13205. Amendments to section 303.................... 134
Sec. 13206. Amendments to section 308.................... 134
Sec. 13207. Standardization of language regarding points
of order............................................... 134
Sec. 13208. Standardization additional deficit control
provisions............................................. 134
Sec. 13209. Codification of precedent with regard to
conference reports and amendments between the Houses... 134
Sec. 13210. Superseded deadlines and conforming changes.. 134
Sec. 13211. Definitions.................................. 134
Sec. 13212. Savings transfers between fiscal years....... 134
Sec. 13213. Conforming change to title 31................ 134
Sec. 13214. The Byrd Rule on extraneous matter in
reconciliation......................................... 134
Subtitle C--Social Security:
Sec. 13301. Off-budget status of OASDI trust funds....... 134
Sec. 13302. Protection of OASDI trust funds in the House
of Representatives..................................... 135
Sec. 13303. Social security firewall and point of order
in the Senate.......................................... 136
Sec. 13304. Report to the Congress by the Board of
Trustees of the OASDI trust funds regarding the
actuarial balance of trust funds....................... 137
Sec. 13305. Exercise of rulemaking power................. 137
Sec. 13306. Effective date............................... 137
Subtitle D--Treatment of Fiscal Year 1991 Sequestration
[Omitted]
Subtitle E--Government-Sponsored Enterprises:
Sec. 13501. Financial safety and soundness of government-
sponsored enterprises.................................. 137
Postal Service Omnibus Budget Reconciliation Act of 1989
Title IV--Civil Service and Postal Service Programs:
Sec. 4001. Budgetary treatment of the postal service fund 141
The Postal Accountability and Enhancement Act
Sec. 401. Postal Service Competitive Products Fund........... 142
Statutory Pay-As-You-Go Act of 2010
Title I--Statutory Pay-As-You-Go Act of 2010:
Sec. 1. Short Title...................................... 145
Sec. 2. Purpose.......................................... 145
Sec. 3. Definitions and applications..................... 145
Sec. 4. Paygo estimates and paygo scorecards............. 146
Sec. 5. Annual report and sequestration order............ 153
Sec. 6. Calculating a sequestration...................... 153
Sec. 7. Adjustment for current policies.................. 154
Sec. 8. Application of BBEDCA............................ 159
Sec. 9. Technical Corrections............................ 159
Sec. 10. Conforming Amendments........................... 159
Sec. 11. Exempt Programs and Activities.................. 161
Sec. 12. Determinations and points of order.............. 167
Sec. 13. Limitation on changes to the Social Security Act 167
Title II--Elimination of Duplicative and Wasteful Spending:
Sec. 21. Identification, consolidation, and elimination
of duplicative government programs..................... 168
Budget Control Act of 2011
Sec. 1. Short title; table of contents....................... 171
Sec. 2. Severability......................................... 171
Title I--Ten-Year Discretionary Caps With Sequester:
Sec. 101. Enforcing discretionary spending limits........ 172
Sec. 102. Definitions.................................... 177
Sec. 103. Reports and orders............................. 178
Sec. 104. Expiration..................................... 178
Sec. 105. Amendments to the Congressional Budget and
Impoundment Control Act of 1974........................ 178
Sec. 106. Senate Budget Enforcement...................... 179
Title II--Vote on the Balanced Budget Amendment:
Sec. 201. Vote on the balanced budget amendment.......... 182
Sec. 202. Consideration by the other house............... 182
Title III--Debt Ceiling Disapproval Process:
Sec. 301. Debt ceiling disapproval process............... 184
Sec. 302. Enforcement of budget goal..................... 189
Title IV-Joint Select Committee on Deficit Reduction:
Sec. 401. Establishment of joint select committee........ 193
Sec. 402. Expedited consideration of joint committee
recommendations........................................ 197
Sec. 403. Funding........................................ 200
Sec. 404. Rulemaking..................................... 200
Title V-Pell Grant and Student Loan Program Changes:
Sec. 501. Federal Pell Grants............................ 201
Sec. 502. Termination of authority to make interest
subsidized loans to graduate and professional students. 201
Sec. 503. Termination of direct loan repayment incentives 201
Sec. 504. Inapplicability of Title IV negotiated
rulemaking and master calendar exception............... 202
Title 31 of the United States Code
Chapter 11. The Budget and Fiscal, Budget, and Program
Information:
Sec. 1101. Definitions................................... 205
Sec. 1102. Fiscal Year................................... 206
Sec. 1103. Budget Ceiling................................ 206
Sec. 1104. Budget and appropriations authority of the
President.............................................. 206
Sec. 1105. Budget contents and submission to Congress.... 207
Sec. 1106. Supplemental budget estimates and changes..... 214
Sec. 1107. Deficiency and supplemental appropriations.... 215
Sec. 1108. Preparation and submission of appropriations
requests to the President.............................. 215
Sec. 1109. Current programs and activities estimates..... 216
Sec. 1110. Year-ahead requests for authorizing
legislation............................................ 217
Sec. 1111. Improving economy and efficiency.............. 217
Sec. 1112. Fiscal, budget, and program information....... 217
Sec. 1113. Congressional information..................... 218
Sec. 1114. [Repealed].................................... 220
Sec. 1115. Federal government and agency performance
plans.................................................. 220
Sec. 1116. Agency performance reporting.................. 223
Sec. 1117. Exemption..................................... 225
Sec. 1118. Pilot projects for performance goals.......... 225
Sec. 1119. Pilot projects for performance budgeting...... 226
Sec. 1120. Federal government and agency priority goals.. 226
Sec. 1121. Quarterly priority progress reviews and use of
performance information................................ 228
Sec. 1122. Transparency of programs, priority goals, and
results................................................ 229
Sec. 1123. Chief operation officers...................... 231
Sec. 1124. Performance improvement officers and the
performance improvement council........................ 232
Sec. 1125. Elimination of unnecessary agency reporting... 234
Chapter 13 of Title 31, United States Code:
Sec. 1341. Limitations on expending and obligating
amounts................................................ 235
Sec. 1342. Limitation on voluntary services.............. 235
Chapter 15 of Title 31, United States Code:
Sec. 1517. Prohibited obligations and expenditures....... 237
Chapter 31 of Title 31, United States Code:
Sec. 3101. Public debt limit............................. 238
Sec. 3101A. Presidential modification of the debt ceiling 238
Chapter 33 of Title 31, United States Code:
Sec. 3321. Disbursing authority in the executive branch.. 244
Unfunded Mandates Reform Act of 1995
Sec. 1. Short title.......................................... 247
Sec. 2. Purposes............................................. 247
Sec. 3. Definitions.......................................... 248
Sec. 4. Exclusions........................................... 248
Sec. 5. Agency Assistance.................................... 249
Title I--Legislative Accountability and Reform:
Sec. 101. Legislative mandate accountability and reform.. 249
Sec. 102. Assistance to committees and studies........... 249
Sec. 103. Cost of regulations............................ 249
Sec. 104. Repeal of certain analysis by Congressional
Budget Office.......................................... 249
Sec. 105. Consideration for Federal funding.............. 249
Sec. 106. Impact on local governments.................... 249
Sec. 107. Enforcement in the House of Representatives.... 250
Sec. 108. Exercise of rulemaking powers.................. 250
Sec. 109. Authorization of appropriations................ 251
Sec. 110. Effective date................................. 251
Title II--Regulatory Accountability and Reform:
Sec. 201. Regulatory process............................. 251
Sec. 202. Statements to accompany significant regulatory
actions................................................ 251
Sec. 203. Small government agency plan................... 252
Sec. 204. State, local, and tribal government input...... 252
Sec. 205. Least burdensome option or explanation required 253
Sec. 206. Assistance to the Congressional Budget Office.. 253
Sec. 207. Pilot program on small government flexibility.. 254
Sec. 208. Annual statements to Congress on agency
compliance............................................. 254
Sec. 209. Effective date................................. 254
Title III--Review of Federal Mandates:
Sec. 301. Baseline study of costs and benefits........... 254
Sec. 302. Report on Federal mandates by advisory
commission on intergovernmental relations.............. 254
Sec. 303. Special authorities of advisory commission..... 256
Sec. 304. Annual report to Congress regarding Federal
court rulings.......................................... 257
Sec. 305. Definition..................................... 257
Sec. 306. Authorization of appropriations................ 257
Title IV--Judicial Review:
Sec. 401. Judicial review................................ 257
Rules of the House of Representatives
Rule X: Organization of Committees:
Clause 1(d)(1), (2) and (3). Budget Act responsibilities
of each standing committee............................. 261
Clause 4(f). Views and estimates of each standing
committee for the concurrent resolution................ 261
Clause 11(c)(3). Views and estimates of Permanent Select
Committee on Intelligence.............................. 262
Rule XII: Receipt and Referral of Measures and Matters:
Clause 7(c)(1) and (2). Constitutional Authority
Statement.............................................. 262
Rule XIII: Calendars and Committee Reports:
Clause 1. Calendars...................................... 262
Clause 2. Filing and Printing of reports................. 263
Clause 3. Content of reports............................. 264
Clause 4. Availability of Reports........................ 267
Clause 5. Privileged reports, generally.................. 267
Clause 6. Privileged reports by the Committee on Rules... 268
Clause 7. Resolutions of inquiry......................... 269
Rule XVIII: The Committee of the Whole House on the State of
the Union:
Clause 10. Concurrent resolution on the budget........... 269
Rule XXI: Restrictions on Certain Bills:
Clause 1. Reservation of certain points of order......... 270
Clause 2. General appropriation bills and amendments..... 270
Clause 3. Transportation obligation limitations.......... 271
Clause 4. Appropriations on legislative bills............ 271
Clause 5. Tax and tariff measures and amendments......... 272
Clause 6. Designation of public works.................... 272
Clause 7. Reconciliation directives...................... 272
Clause 8. Application of Budget Act points of order...... 273
Clause 9. Earmarks....................................... 273
Clause 10. Cut-As-You-Go................................. 275
Clause 11. Notice Requirements........................... 276
Rule XXIX: General Provisions:
Clause 4. Authoritative guidance provided by the chair of
the committee.......................................... 276
Rules of the Senate
Selected Budgetary Procedures set forth in S. Con. Res. 21
(110th Congress):
Sec. 201. Pay-as-you-go point of order in the Senate..... 279
Sec. 202. Senate point of order against reconciliation
legislation that would increase the deficit or reduce a
surplus................................................ 280
Sec. 203. Senate point of order against legislation
increasing long-term deficits.......................... 281
Sec. 204. Emergency legislation.......................... 281
Sec. 205. Extension of enforcement of budgetary points of
order in the Senate.................................... 283
Sec. 206. Point of order against advance appropriations.. 283
Sec. 208. Application of previous allocations in the
Senate................................................. 285
Sec. 209. Senate point of order against provisions of
appropriations legislation that constitute changes in
mandatory programs with net costs...................... 285
Selected Budgetary Procedures set forth in S. Con. Res. 70
(110th Congress):
Sec. 311. Senate point of order against legislation
increasing long-term deficits.......................... 287
Sec. 314. Senate point of order against provisions of
appropriations legislation that constitute changes in
mandatory programs with net costs...................... 288
Selected Budgetary Procedures set forth in S. Con. Res. 13
(111th Congress):
Sec. 403. Emergency Legislation.......................... 290
Sec. 404. Point of order against legislation increasing
short-term deficit..................................... 292
Sec. 405. Point of order against certain legislation
related to surface transportation funding.............. 292
Sec. 411. Oversight of government performance............ 293
Sec. 412. Budgetary treatment of certain discretionary
administrative expenses................................ 293
Sec. 413. Application and effect of changes in
allocations and aggregates............................. 293
Sec. 414. Adjustments to reflect changes in concepts and
definitions............................................ 294
Sec. 415. Exercise of rulemaking powers.................. 294
Senate Procedures of the Budget Control Act of 2011 (Public
Law 112-25):
Sec. 106. Senate Budget enforcement...................... 294
Jurisdiction of the Committee on the Budget of the House of
Representatives
Rule X: Organization of Committees:
Clause 1. Committees and their legislative jurisdictions. 299
Clause 1(e). Committee on the Budget..................... 299
Clause 3(b). Special oversight functions................. 299
Clause 4(b). Additional functions of committees.......... 300
Jurisdiction: In General..................................... 300
Debate on H. Res. 6, Rules Package for the 104th Congress
Congressional Record--House Memorandum of Understanding.... 301
Jurisdiction of the Committee on the Budget of the United States
Senate
S.Res.445 (108th Congress): Jurisdiction of Senate Budget
Committee:
Sec. 101(d). Jurisdiction of Budget Committee............ 307
Sec. 101(e). OMB Nominees................................ 307
Rule XXV: Standing Committees:
Clause 1(e). Committee on the Budget..................... 308
Unanimous Consent Agreement of January 30, 1975.............. 308
Unanimous Consent Agreement of August 4, 1977................ 309
Scorekeeping
Rule 1. Classifications of appropriations.................... 313
Rule 2. Outlays prior........................................ 313
Rule 3. Direct spending programs............................. 313
Rule 4. Transfer of budget authority from a mandatory account
to a discretionary account................................. 314
Rule 5. Permissive transfer authority........................ 314
Rule 6. Reappropriations..................................... 314
Rule 7. Advance appropriations............................... 314
Rule 8. Rescissions and transfers of unobligated balances.... 314
Rule 9. Delay of obligations................................. 314
Rule 10. Contingent legislation.............................. 315
Rule 11. Scoring purchases, lease-purchases, capital leases,
and operating leases....................................... 315
Rule 12. Write-offs of uncashed checks, unredeemed food
stamps, and similar instruments............................ 317
Rule 13. Reclassification after an agreement................. 317
Rule 14. Scoring of receipt increases or direct spending
reductions for additional administration or program
management expenses........................................ 317
Rule 15. Asset sales......................................... 317
Rule 16. Indefinite borrowing authority and limits on
outstanding debt........................................... 318
Rule 17. Pell scoring rule................................... 318
Appendices
Appendix A--Line Item Veto Act of 1996....................... 321
Appendix B--Concurrent resolutions on the budget............. 335
Appendix C--Deeming measures for the concurrent resolution on
the budget................................................. 337
Appendix D--Emergency Economic Stabilization Act of 2008..... 339
Appendix E--Rule XXVIII...................................... 343
Appendix F--The concurrent resolution on the budget for
fiscal year 2013........................................... 345
Appendix G--The Constitution of the United States............ 357
Appendix H--Medicare Prescription Drug, Improvement, and
Modernization Act of 2003.................................. 359
======================================================================
CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974
Public Law 93-344, July 12 88 Stat 297
======================================================================
Balanced Budget and Emergency Deficit Control Act of 1985;
Public Law 99-177, Title II, Part A; December 12, 1985;
99 Stat. 1037, 1039.
An Act increasing the statutory limit on the public debt;
Public Law 100-119, Title II; September 29, 1987; 101
Stat. 754, 784.
Budget Enforcement Act of 1990; Public Law 101-508, Title XIII,
Subtitle A, Part II, and Subtitle B; November 5, 1990;
104 Stat. 1388-573, 1388-602, 1388-609.
Omnibus Budget Reconciliation Act of 1993; Public Law 103-66,
Title XIV; August 10, 1993; 107 Stat. 312, 683.
Violent Crime Control and Law Enforcement Act of 1994; Public
Law 103-322, Title XXXI; September 13, 1994; 108 Stat.
1796, 2102.
Unfunded Mandates Reform Act of 1995; Public Law 104-4, Title
I; March 22, 1995; 109 Stat. 50.
Contract with America Advancement Act of 1996; Public Law 104-
121, 110 Stat. 847.
Balanced Budget Act of 1997; Public Law 105-33; August 5, 1997;
111 Stat. 251.
Transportation Equity Act for the 21st Century; Public Law 105-
178; June 9, 1998; 112 Stat. 488.
TEA 21 Restoration Act; Public Law 105-206; July 22, 1998; 115
Stat. 865.
Statutory Pay-As-You-Go Act of 2010; Public Law 111-139;
February 12, 2010; 124 Stat. 8.
Budget Control Act of 2011; Public Law 112-25; August 2, 2011;
125 Stat. 240.
START OF STATUTE deg.STATUTE
NAME=CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT
OF 1974 deg.Congressional Budget and Impoundment Control Act of 1974
As Amended Through Public Law 112-78,
Enacted December 23, 2011
AN ACT To establish a new congressional budget process; to establish
Committees on the Budget in each House; to establish a Congressional
Budget Office; to establish a procedure providing congressional control
over the impoundment of funds by the executive branch; and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
short titles; table of contents.
Section 1. [2 U.S.C. 621 note] (a) Short Titles.--This Act
may be cited as the ``Congressional Budget and Impoundment
Control Act of 1974''. Titles I through IX may be cited as the
``Congressional Budget Act of 1974''. Parts A and B of title X
may be cited as the ``Impoundment Control Act of 1974''. Part C
of title X may be cited as the ``Line Item Veto Act of 1996''.
\1\
---------------------------------------------------------------------------
\1\ The United States Supreme Court declared Part C of title X, the
``Line Item Veto Act of 1996'' unconstitutional.
---------------------------------------------------------------------------
(b) Table of Contents.--
Sec. 1. Short titles; table of contents.
Sec. 2. Declaration of purposes.
Sec. 3. Definitions.
TITLE I--ESTABLISHMENT OF HOUSE AND SENATE BUDGET COMMITTEES
Sec. 101. Budget Committee of the House.
Sec. 102. Budget Committee of the Senate.
TITLE II--CONGRESSIONAL BUDGET OFFICE
Sec. 201. Establishment of Office.
Sec. 202. Duties and functions.
Sec. 203. Public access to budget data.
TITLE III--CONGRESSIONAL BUDGET PROCESS
Sec. 300. Timetable.
Sec. 301. Annual adoption of concurrent resolution on the budget.
Sec. 302. Committee allocations.
Sec. 303. Concurrent resolution on the budget must be adopted before
budget-related legislation is considered.
Sec. 304. Permissible revisions of concurrent resolutions on the budget.
Sec. 305. Prvisions relating to consideration of concurrent resolutions
on the
budget.
Sec. 306. Legislation dealing with congressional budget must be handled
by budget committees.
Sec. 307. House committee action on all appropriation bills to be
completed by June 10.
Sec. 308. Reports, summaries, and projections of congressional budget
actions.
Sec. 309. House approval of regular appropriation bills.
Sec. 310. Reconciliation.
Sec. 311. Budget-related legislation must be within appropriate levels.
Sec. 312. Determinations and points of order.
Sec. 313. Extraneous matter in reconciliation legislation.
Sec. 314. Adjustments.
Sec. 315. Effect of adoption of a special order of business in the House
of Representatives.
TITLE IV--ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES
Part A--General Provisions
Sec. 401. Budget-related legislation not subject to appropriations.
Sec. 402. Analyses by Congressional Budget Office.
* * * * * * *
Sec. 404. Study by the General Accounting Office\2\ of forms of Federal
financial commitment that are not reviewed annually by
Congress.
\2\ The ``General Accounting Office'' was renamed the ``Government
Accountability Office'' by the GAO Human Capital Reform Act of 2004
(Public Law 108-271, 118 Stat. 811, enacted July 7, 2004).
Sec. 405. Off-budget agencies, programs, and activities.
Sec. 406. Member user group.
Part B--Federal Mandates
Sec. 421. Definitions.
Sec. 422. Exclusions.
Sec. 423. Duties of congressional committees.
Sec. 424. Duties of the Director; statements on bills and joint
resolutions other than appropriations bills and joint
resolutions.
Sec. 425. Legislation subject to point of order.
Sec. 426. Provisions relating to the House of Representatives.
Sec. 427. Requests to the Congressional Budget Office from Senators.
Sec. 428. Clarification of application.
TITLE V--CREDIT REFORM
Sec. 500. Short title.
Sec. 501. Purposes.
Sec. 502. Definitions.
Sec. 503. OMB and CBO analysis, coordination, and review.
Sec. 504. Budgetary treatment.
Sec. 505. Authorizations.
Sec. 506. Treatment of deposit insurance and agencies and other
insurance programs.
Sec. 507. Effect on other laws.
[TITLE VI--REPEALED]
TITLE VII--PROGRAM REVIEW AND EVALUATION
* * * * * * *
Sec. 703. Continuing study of additional budget reform proposals.
* * * * * * *
TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES
* * * * * * *
Sec. 904. Exercise of rulemaking powers.
* * * * * * *
TITLE X--IMPOUNDMENT CONTROL
Part A--General Provisions
Sec. 1001. Disclaimer.
* * * * * * *
Part B--Congressional Consideration of Proposed Rescissions,
Reservations, and Deferrals of Budget Authority
Sec. 1011. Definitions.
Sec. 1012. Rescission of budget authority.
Sec. 1013. Proposed deferrals of budget authority.
Sec. 1014. Transmission of messages; publication.
Sec. 1015. Reports by Comptroller General.
Sec. 1016. Suits by Comptroller General.
Sec. 1017. Procedure in House and Senate.
Part C--Line Item Veto \3\
---------------------------------------------------------------------------
\3\ Part C, the Line Item Veto, was declared unconstitutional by
the Supreme Court of the United States.
---------------------------------------------------------------------------
Sec. 1021. Line item veto authority.
Sec. 1022. Special messages.
Sec. 1023. Cancellation effective unless disapproved.
Sec. 1024. Deficit reduction.
Sec. 1025. Expedited congressional consideration of disapproval bills.
Sec. 1026. Definitions.
Sec. 1027. Identification of limited tax benefits.
declaration of purposes
Sec. 2. [2 U.S.C. 621] The Congress declares that it is
essential--
(1) to assure effective congressional control over
the budgetary process;
(2) to provide for the congressional determination
each year of the appropriate level of Federal revenues
and expenditures;
(3) to provide a system of impoundment control;
(4) to establish national budget priorities; and
(5) to provide for the furnishing of information by
the executive branch in a manner that will assist the
Congress in discharging its duties.
definitions
Sec. 3. [2 U.S.C. 622] In General.--For purposes of this
Act--
(1) The terms ``budget outlays'' and ``outlays''
mean, with respect to any fiscal year, expenditures and
net lending of funds under budget authority during such
year.
(2) Budget authority and new budget authority.--
(A) In general.--The term ``budget
authority'' means the authority provided by
Federal law to incur financial obligations, as
follows:
(i) provisions of law that make
funds available for obligation and
expenditure (other than borrowing
authority), including the authority to
obligate and expend the proceeds of
offsetting receipts and collections;
(ii) borrowing authority, which
means authority granted to a Federal
entity to borrow and obligate and
expend the borrowed funds, including
through the issuance of promissory
notes or other monetary credits;
(iii) contract authority, which
means the making of funds available for
obligation but not for expenditure; and
(iv) offsetting receipts and
collections as negative budget
authority, and the reduction thereof as
positive budget authority.
(B) Limitations on budget authority.--With
respect to the Federal Hospital Insurance Trust
Fund, the Supplementary Medical Insurance Trust
Fund, the Unemployment Trust Fund, and the
railroad retirement account, any amount that is
precluded from obligation in a fiscal year by a
provision of law (such as a limitation or a
benefit formula) shall not be budget authority
in that year.
(C) New budget authority.--The term ``new
budget authority'' means, with respect to a
fiscal year--
(i) budget authority that first
becomes available for obligation in
that year, including budget authority
that becomes available in that year as
a result of a reappropriation; or
(ii) a change in any account in the
availability of unobligated balances of
budget authority carried over from a
prior year, resulting from a provision
of law first effective in that year;
and includes a change in the estimated level of
new budget authority provided in indefinite
amounts by existing law.
(3) The term ``tax expenditures'' means those
revenue losses attributable to provisions of the
Federal tax laws which allow a special exclusion,
exemption, or deduction from gross income or which
provide a special credit, a preferential rate of tax,
or a deferral of tax liability, and the term ``tax
expenditures budget'' means an enumeration of such tax
expenditures.
(4) The term ``concurrent resolution on the
budget'' means--
(A) a concurrent resolution setting forth
the congressional budget for the United States
Government for a fiscal year as provided in
section 301; and
(B) any other concurrent resolution
revising the congressional budget for the
United States Government for a fiscal year as
described in section 304.
(5) The term ``appropriation Act'' means an Act
referred to in section 105 of title 1, United States
Code.
(6) The term ``deficit'' means, with respect to a
fiscal year, the amount by which outlays exceeds
receipts during that year.
(7) The term ``surplus'' means, with respect to a
fiscal year, the amount by which receipts exceeds
outlays during that year.
(8) The term ``government-sponsored enterprise''
means a corporate entity created by a law of the United
States that--
(A)(i) has a Federal charter authorized by
law;
(ii) is privately owned, as
evidenced by capital stock owned by
private entities or individuals;
(iii) is under the direction of a
board of directors, a majority of which
is elected by private owners;
(iv) is a financial institution
with power to--
(I) make loans or loan
guarantees for limited purposes
such as to provide credit for
specific borrowers or one
sector; and
(II) raise funds by
borrowing (which does not carry
the full faith and credit of
the Federal Government) or to
guarantee the debt of others in
unlimited amounts; and
(B)(i) does not exercise powers that are
reserved to the Government as sovereign (such
as the power to tax or to regulate interstate
commerce);
(ii) does not have the power to
commit the Government financially (but
it may be a recipient of a loan
guarantee commitment made by the
Government); and
(iii) has employees whose salaries
and expenses are paid by the enterprise
and are not Federal employees subject
to title 5 of the United States Code.
(9) The term ``entitlement authority'' means--
(A) the authority to make payments
(including loans and grants), the budget
authority for which is not provided for in
advance by appropriation Acts, to any person or
government if, under the provisions of the law
containing that authority, the United States is
obligated to make such payments to persons or
governments who meet the requirements
established by that law; and
(B) the food stamp program.
(10) The term ``credit authority'' means authority
to incur direct loan obligations or to incur primary
loan guarantee commitments.
(11) The terms ``emergency'' and ``unanticipated''
have the meanings given to such terms in section 250(c)
of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Title I--Establishment of House and
Senate Budget Committees \4\
budget committee of the house of representatives
Sec. 101.\5\ (a) Clause 1 of Rule X of the Rules of the
House of Representatives is amended by redesignating paragraph
(e) through (u) as paragraphs (f) through (v), respectively,
and by inserting the following new paragraph:
---------------------------------------------------------------------------
\4\ This section established original composition and duties of the
Committees of the House and the Senate. This included the
responsibility for the Committees to make a continuing study on the
effects of budget outlays and to devise methods coordinating tax
policies with budget outlays.
\5\ Through the 112th Congress, House membership requirements
related to the Committee on Appropriations and the Committee on Ways
and Means are the same. An additional Member from the Rules Committee
is required under House Rules.
---------------------------------------------------------------------------
``(e) Committee on the Budget, to consist of twenty-three
Members as follows:
``(1) five Members who are members of the Committee
on Appropriations;
``(2) five Members who are members of the Committee
on Ways and Means;
``(3) eleven Members who are members of other
standing committees;
``(4) one Member from the leadership of the
majority party; and
``(5) one Member from the leadership of the
minority party.''
No Member shall serve as a member of the Committee
on the Budget during more than two Congresses in any
period of five\6\ successive Congresses beginning after
1974 (disregarding for this purpose any service
performed as a member of such committee for less than a
full session in any Congress). All selections of
Members to serve on the committee shall be made without
regard to seniority.\7\
---------------------------------------------------------------------------
\6\ As of the 112th Congress, the limitation on service on the
Budget Committee was four out of six successive Congresses, with an
extra Congress allowed to the Chairman and Ranking Member.
\7\ The composition of the House Budget Committee has been changed
through House resolutions adopted to establish or amend the rules of
the House of Representatives for each Congress.
---------------------------------------------------------------------------
(b) Rule X of the Rules of the House of Representatives is
amended by adding at the end thereof the following new clause:
``6. For carrying out the purposes set forth in clause 5 of
Rule XI, the Committee on the Budget or any subcommittee
thereof is authorized to sit and act at such times and places
within the United States, whether the House is in session, has
recessed, or has adjourned, to hold such hearings, to require
the attendance of such witnesses and the production of such
books or papers or documents or vouchers by subpena\8\ or
otherwise, and to take such testimony and records, as it deems
necessary. Subpenas\9\ may be issued over the signature of the
chairman of the committee or of any member of the committee
designated by him; and may be served by any person designated
by such chairman or member. The chairman of the committee, or
any member thereof, may administer oaths to witnesses.\10\
---------------------------------------------------------------------------
\8\ So in original; it should read ``subpoena.''
\9\ So in original; it should read ``Subpoenas.''
\10\ ``The separate subpoena authority conferred upon the committee
by section 101(b) has been superseded by the general grant of subpoena
authority conferred upon all committees by clause 2(m) of Rule XI (H.
Res. 988), 93d Congress p.34470.''
---------------------------------------------------------------------------
(c) Rule XI of the Rules of the House of Representatives is
amended by redesignating clauses 5 through 33 as clauses 6
through 34, respectively, and by inserting after clause 4 the
following new clause:
``5. Committee on the Budget
``(a) All concurrent resolutions on the budget (as defined
in section 3(a)(4) of the Congressional Budget Act of 1974) and
other matters to be referred to the Committee under titles III
and IV of that Act.
``(b) The Committee shall have the duty--
``(1) to report matters required to be reported by
it under titles III and IV of the Congressional Budget
Act of 1974;
``(2) to make continuing studies of on budget
outlays of relevant existing and proposed legislation
and to report the results of such studies to the House
on a recurring basis;
``(3) to request and evaluate continuing studies of
tax expenditures, to devise methods of coordinating tax
expenditures, policies, and programs with direct budget
outlays, and to report the results of such studies to
the House on a recurring basis; and
``(4) to review on a continuing basis, the conduct
by the Congressional Budget Office of its functions and
duties.''
budget committee of the senate
Sec. 102. Budget Committee of the Senate\11\--
(a) Paragraph 1 of Rule XXV of the Standing Rules of the
Senate is amended by adding at the end thereof the following
new subparagraph:
---------------------------------------------------------------------------
\11\ This section established the Committee on the Budget of the
Senate.
---------------------------------------------------------------------------
``(r)(1) Committee on the Budget, to which committee shall
be referred all concurrent resolutions on the budget (as
defined in section 3(a)(4) of the Congressional Budget Act of
1974 and all other matters required to be referred to that
committee under titles III and IV of that Act, and messages,
petitions, memorials, and other matters relating thereto.
``(2) Such committee shall have the duty--
``(A) to report the matters required to be
reported by it under titles III and IV of the
Congressional Budget Act of 1974;
``(B) to make continuing studies of the
effect on budget outlays of relevant existing
and proposed legislation and to report the
results of such studies to the Senate on a
recurring basis;
``(C) to request and evaluate continuing
studies of tax expenditures, to devise methods
of coordinating tax expenditures, policies, and
programs with direct budget outlays, and to
report the results of such studies to the
Senate on a recurring basis; and
``(D) to review on a continuing basis, the
conduct by the Congressional Budget Office of
its functions and duties.''
(b) The table contained in paragraph 2 of rule XXV of the
Standing Rules of the Senate is amended by inserting after--
``Banking, Housing and Urban Affairs ...........15''
the following:
``Budget
.............................................................15'
'
(c) Paragraph 6 of rule XXV of the Standing Rules of the
Senate is amended by adding at the end thereof the following
new subparagraph:
``(h) For purposes of the sentence of subparagraph
(a), membership of the Committee on the Budget shall
not be taken into account until that date occurring
during the first session of the Ninety-fifth Congress,
upon which the appointment of the majority and minority
party members of the standing committees of the Senate
is initially completed.''
Title II--Congressional Budget Office
establishment of office
Sec. 201. [2 U.S.C. 601] (a) In General.--
(1) There is established an office of the Congress
to be known as the Congressional Budget Office
(hereinafter in this title referred to as the
``Office''). The Office shall be headed by a Director;
and there shall be a Deputy Director who shall perform
such duties as may be assigned to him by the Director
and, during the absence or incapacity of the Director
or during a vacancy in that office, shall act as
Director.
(2) The Director shall be appointed by the Speaker
of the House of Representatives and the President pro
tempore of the Senate after considering recommendations
received from the Committees on the Budget of the House
and the Senate, without regard to political affiliation
and solely on the basis of his fitness to perform his
duties. The Deputy Director shall be appointed by the
Director.
(3) The term of office of the Director shall be 4
years and shall expire on January 3 of the year
preceding each Presidential election. Any individual
appointed as Director to fill a vacancy prior to the
expiration of a term shall serve only for the unexpired
portion of that term. An individual serving as Director
at the expiration of a term may continue to serve until
his successor is appointed. Any Deputy Director shall
serve until the expiration of the term of office of the
Director who appointed him (and until his successor is
appointed), unless sooner removed by the Director.
(4) The Director may be removed by either House by
resolution.
(5)(A) The Director shall receive compensation at
an annual rate of pay that is equal to the lower of--
(i) the highest annual rate of compensation
of any officer of the Senate; or
(ii) the highest annual rate of
compensation of any officer of the House of
Representatives.
(B) The Deputy Director shall receive compensation
at an annual rate of pay that is $1,000 less than the
annual rate of pay received by the Director, as
determined under subparagraph (A).
(b) Personnel.--The Director shall appoint and fix the
compensation of such personnel as may be necessary to carry out
the duties and functions of the Office. All personnel of the
Office shall be appointed without regard to political
affiliation and solely on the basis of their fitness to perform
their duties. The Director may prescribe the duties and
responsibilities of the personnel of the Office, and delegate
to them authority to perform any of the duties, powers, and
functions imposed on the Office or on the Director. For
purposes of pay (other than pay of the Director and Deputy
Director) and employment benefits, rights, and privileges, all
personnel of the Office shall be treated as if they were
employees of the House of Representatives.
(c) Experts and Consultants.--In carrying out the duties
and functions of the Office, the Director may procure the
temporary (not to exceed one year) or intermittent services of
experts or consultants or organizations thereof by contract as
independent contractors, or, in the case of individual experts
or consultants, by employment at rates of pay not in excess of
the daily equivalent of the highest rate of basic pay payable
under the General Schedule of section 5332 of title 5, United
States Code.
(d) Relationship to Executive Branch.--The Director is
authorized to secure information, data, estimates, and
statistics directly from the various departments, agencies, and
establishments of the executive branch of Government and the
regulatory agencies and commissions of the Government. All such
departments, agencies, establishments, and regulatory agencies
and commissions shall furnish the Director any available
material which he determines to be necessary in the performance
of his duties and functions (other than material the disclosure
of which would be a violation of law). The Director is also
authorized, upon agreement with the head of any such
department, agency, establishment, or regulatory agency or
commission, to utilize its services, facilities, and personnel
with or without reimbursement; and the head of each such
department, agency, establishment, or regulatory agency or
commission is authorized to provide the Office such services,
facilities, and personnel.
(e) Relationship to Other Agencies of Congress.--In
carrying out the duties and functions of the Office, and for
the purpose of coordinating the operations of the Office with
those of other congressional agencies with a view to utilizing
most effectively the information, services, and capabilities of
all such agencies in carrying out the various responsibilities
assigned to each, the Director is authorized to obtain
information, data, estimates, and statistics developed by the
General Accounting Office,\12\ and the Library of Congress, and
(upon agreement with them) to utilize their services,
facilities, and personnel with or without reimbursement. The
Comptroller General, and the Librarian of Congress are
authorized to provide the Office with the information, data,
estimates, and statistics, and the services, facilities, and
personnel, referred to in the preceding sentence.
---------------------------------------------------------------------------
\12\ The ``General Accounting Office'' was renamed the ``Government
Accountability Office'' by the GAO Human Capital Reform Act of 2004
(Public Law 108-271, 118 Stat. 811, enacted July 7, 2004).
---------------------------------------------------------------------------
(f) Revenue Estimates.--For the purposes of revenue
legislation which is income, estate and gift, excise, and
payroll taxes (i.e., Social Security), considered or enacted in
any session of Congress, the Congressional Budget Office shall
use exclusively during that session of Congress revenue
estimates provided to it by the Joint Committee on Taxation.
During that session of Congress such revenue estimates shall be
transmitted by the Congressional Budget Office to any committee
of the House of Representatives or the Senate requesting such
estimates, and shall be used by such Committees in determining
such estimates. The Budget Committees of the Senate and House
shall determine all estimates with respect to scoring points of
order and with respect to the execution of the purposes of this
Act.
(g) Appropriations.--There are authorized to be
appropriated to the Office for each fiscal year such sums as
may be necessary to enable it to carry out its duties and
functions. Until sums are first appropriated pursuant to the
preceding sentence, but for a period not exceeding 12 months
following the effective date of this subsection, the expenses
of the Office shall be paid from the contingent fund of the
Senate, in accordance with the paragraph relating to the
contingent fund of the Senate under the heading ``UNDER
LEGISLATIVE'' in the Act of October 1, 1888 (28 Stat. 546; 2
U.S.C. 68), and upon vouchers approved by the Director.
duties and functions
Sec. 202. [2 U.S.C. 602] (a) Assistance to Budget
Committees.--It shall be the primary duty and function of the
Office to provide to the Committees on the Budget of both
Houses information which will assist such committees in the
discharge of all matters within their jurisdictions, including
(1) information with respect to the budget, appropriation
bills, and other bills authorizing or providing new budget
authority or tax expenditures, (2) information with respect to
revenues, receipts, estimated future revenues and receipts, and
changing revenue conditions, and (3) such related information
as such Committees may request.
(b) Assistance to Committees on Appropriations, Ways and
Means, and Finance.--At the request of the Committee on
Appropriations of either House, the Committee on Ways and Means
of the House of Representatives, or the Committee on Finance of
the Senate, the Office shall provide to such Committee any
information which will assist it in the discharge of matters
within its jurisdiction, including information described in
clauses (1) and (2) of subsection (a) and such related
information as the Committee may request.
(c) Assistance to Other Committees and Members.--
(1) At the request of any other committee of the
House of Representatives or the Senate or any joint
committee of the Congress, the Office shall provide to
such committee or joint committee any information
compiled in carrying out clauses (1) and (2) of
subsection (a), and, to the extent practicable, such
additional information related to the foregoing as may
be requested.
(2) At the request of any committee of the Senate
or the House of Representatives, the Office shall, to
the extent practicable, consult with and assist such
committee in analyzing the budgetary or financial
impact of any proposed legislation that may have--
(A) a significant budgetary impact on
State, local, or tribal governments;
(B) a significant financial impact on the
private sector; or
(C) a significant employment impact on the
private sector.
(3) At the request of any Member of the House or
Senate, the Office shall provide to such member any
information compiled in carrying out clauses (1) and
(2) of subsection (a), and, to the extent available,
such additional information related to the foregoing as
may be requested.
(d) Assignment of Office Personnel to Committees and Joint
Committees.--At the request of the Committee on the Budget of
either House, personnel of the Office shall be assigned, on a
temporary basis, to assist such committee. At the request of
any other committee of either House or any joint committee of
the Congress, personnel of the Office may be assigned, on a
temporary basis, to assist such committee or joint committee
with respect to matters directly related to the applicable
provisions of subsection (b) or (c).
(e) Reports to Budget Committees.--
(1) On or before February 15 of each year, the
Director shall submit to the Committees on the Budget
of the House of Representatives and the Senate, a
report for the fiscal year commencing on October 1 of
that year, with respect to fiscal policy, including (A)
alternative levels of total revenues, total new budget
authority, and total outlays (including related
surpluses and deficits), (B) the levels of tax
expenditures under existing law, taking into account
projected economic factors and any changes in such
levels based on proposals in the budget submitted by
the President for such fiscal year, and (C) a statement
of the levels of budget authority and outlays for each
program assumed to be extended in the baseline, as
provided in section 257(b)(2)(A) and for excise taxes
assumed to be extended under section 257(b)(2)(C) of
the Balanced Budget and Emergency Deficit Control Act
of 1985. Such report shall also include a discussion of
national budget priorities, including alternative ways
of allocating new budget authority and budget outlays
for such fiscal year among major programs or functional
categories, taking into account how such alternative
allocations will meet major national needs and affect
balanced growth and development of the United States.
(2) The Director shall from time to time submit to
the Committees on the Budget of the House of
Representatives and the Senate such further reports
(including reports revising the report required by
paragraph (1)) as may be necessary or appropriate to
provide such Committees with information, data, and
analyses for the performance of their duties and
functions.
(3) On or before January 15 of each year, the
Director, after consultation with the appropriate
committees of the House of Representatives and Senate,
shall submit to the Congress a report listing (A) all
programs and activities funded during the fiscal year
ending September 30 of that calendar year for which
authorizations for appropriations have not been enacted
for that fiscal year, and (B) all programs and
activities for which authorizations for appropriations
have been enacted for the fiscal year ending September
30 of that calendar year, but for which no
authorizations for appropriations have been enacted for
the fiscal year beginning October 1 of that calendar
year.
(f) Use of Computers and Other Techniques.--The Director
may equip the Office with up-to-date computer capability (upon
approval of the Committee on House Oversight of the House of
Representatives and the Committee on Rules and Administration
of the Senate), obtain the services of experts and consultants
in computer technology, and develop techniques for the
evaluation of budgetary requirements.
(g) Studies.--
(1) Continuing studies.--The Director of the
Congressional Budget Office shall conduct continuing
studies to enhance comparisons of budget outlays,
credit authority, and tax expenditures.
(2) Federal mandate studies.--
(A) At the request of any Chairman or
ranking member of the minority of a Committee
of the Senate or the House of Representatives,
the Director shall, to the extent practicable,
conduct a study of a legislative proposal
containing a Federal mandate.
(B) In conducting a study on
intergovernmental mandates under subparagraph
(A), the Director shall--
(i) solicit and consider
information or comments from elected
officials (including their designated
representatives) of State, local, or
tribal governments as may provide
helpful information or comments;
(ii) consider establishing advisory
panels of elected officials or their
designated representatives, of State,
local, or tribal governments if the
Director determines that such advisory
panels would be helpful in performing
responsibilities of the Director under
this section; and
(iii) if, and to the extent that
the Director determines that accurate
estimates are reasonably feasible,
include estimates of--
(I) the future direct cost
of the Federal mandate to the
extent that such costs
significantly differ from or
extend beyond the 5-year period
after the mandate is first
effective; and
(II) any disproportionate
budgetary effects of Federal
mandates upon particular
industries or sectors of the
economy, States, regions, and
urban or rural or other types
of communities, as appropriate.
(C) In conducting a study on private sector
mandates under subparagraph (A), the Director
shall provide estimates, if and to the extent
that the Director determines that such
estimates are reasonably feasible, of--
(i) future costs of Federal private
sector mandates to the extent that such
mandates differ significantly from or
extend beyond the 5-year time period
referred to in subparagraph
(B)(iii)(I);
(ii) any disproportionate financial
effects of Federal private sector
mandates and of any Federal financial
assistance in the bill or joint
resolution upon any particular
industries or sectors of the economy,
States, regions, and urban or rural or
other types of communities; and
(iii) the effect of Federal private
sector mandates in the bill or joint
resolution on the national economy,
including the effect on productivity,
economic growth, full employment,
creation of productive jobs, and
international competitiveness of United
States goods and services.
public access to budget data
Sec. 203. [2 U.S.C. 603] (a) Right To Copy.--Except as
provided in subsections (c), (d), and (e), the Director shall
make all information, data, estimates, and statistics obtained
under sections 201(d) and 201(e) available for public copying
during normal business hours, subject to reasonable rules and
regulations, and shall to the extent practicable, at the
request of any person, furnish a copy of any such information,
data, estimates, or statistics upon payment by such person of
the cost of making and furnishing such copy.
(b) Index.--The Director shall develop and maintain filing,
coding, and indexing systems that identify the information,
data, estimates, and statistics to which subsection (a) applies
and shall make such systems available for public use during
normal business hours.
(c) Exceptions.--Subsection (a) shall not apply to
information, data, estimates, and statistics--
(1) which are specifically exempted from disclosure
by law; or
(2) which the Director determines will disclose--
(A) matters necessary to be kept secret in
the interests of national defense or the
confidential conduct of the foreign relations
of the United States;
(B) information relating to trade secrets
or financial or commercial information
pertaining specifically to a given person if
the information has been obtained by the
Government on a confidential basis, other than
through an application by such person for a
specific financial or other benefit, and is
required to be kept secret in order to prevent
undue injury to the competitive position of
such person; or
(C) personnel or medical data or similar
data the disclosure of which would constitute a
clearly unwarranted invasion of personal
privacy;
unless the portions containing such matters,
information, or data have been excised.
(d) Information Obtained for Committees and Members.--
Subsection (a) shall apply to any information, data, estimates,
and statistics obtained at the request of any committee, joint
committee, or Member unless such committee, joint committee, or
Member has instructed the Director not to make such
information, data, estimates, or statistics available for
public copying.
(e) Level of Confidentiality.--With respect to information,
data, estimates, and statistics obtained under sections 201(d)
and 201(e), the Director shall maintain the same level of
confidentiality as is required by law of the department,
agency, establishment, or regulatory agency or commission from
which it is obtained. Officers and employees of the
Congressional Budget Office shall be subject to the same
statutory penalties for unauthorized disclosure or use as
officers or employees of the department, agency, establishment,
or regulatory agency or commission from which it is obtained.
Title III--Congressional Budget Process
timetable
Sec. 300. [2 U.S.C. 631] The timetable with respect to the
congressional budget process for any fiscal year is as follows:
On or before: Action to be completed:
First Monday in FePresident submits his budget........................
February 15.......Congressional Budget Office submits report to Budget
Committees.
Not later than 6 weeks after President submits budget
................Committees submit views and estimates to Budget ....
Committees.
April 1...........Senate Budget Committee reports concurrent .........
resolution on the budget.
April 15..........Congress completes action on concurrent resolution .
on the budget.
May 15............Annual appropriation bills may be considered in the
House.
June 10...........House Appropriations Committee reports last annual .
appropriation bill.
June 15...........Congress completes action on reconciliation ........
legislation.
June 30...........House completes action on annual appropriation .....
bills.
October 1.........Fiscal year begins..................................
annual adoption of concurrent resolution on the budget
Sec. 301. [2 U.S.C. 632] (a) Content of Concurrent
Resolution on the Budget.--On or before April 15 of each year,
the Congress shall complete action on a concurrent resolution
on the budget for the fiscal year beginning on October 1 of
such year. The concurrent resolution shall set forth
appropriate levels for the fiscal year beginning on October 1
of such year and for at least each of the 4 ensuing fiscal
years for the following--
(1) totals of new budget authority and outlays;
(2) total Federal revenues and the amount, if any,
by which the aggregate level of Federal revenues should
be increased or decreased by bills and resolutions to
be reported by the appropriate committees;
(3) the surplus or deficit in the budget;
(4) new budget authority and outlays for each major
functional category, based on allocations of the total
levels set forth pursuant to paragraph (1);
(5) the public debt;
(6) For purposes of Senate enforcement under this
title, outlays of the old-age, survivors, and
disability insurance program established under title II
of the Social Security Act for the fiscal year of the
resolution and for each of the 4 succeeding fiscal
years; and
(7) For purposes of Senate enforcement under this
title, revenues of the old-age, survivors, and
disability insurance program established under title II
of the Social Security Act (and the related provisions
of the Internal Revenue Code of 1986) for the fiscal
year of the resolution and for each of the 4 succeeding
fiscal years.
The concurrent resolution shall not include the outlays and
revenue totals of the old age,&rvivors, and disability
insurance program established under title II of the Social
Security Act or the related provisions of the Internal Revenue
Code of 1986 in the surplus or deficit totals required by this
subsection or in any other surplus or deficit totals required
by this title.
(b) Additional Matters in Concurrent Resolution.--The
concurrent resolution on the budget may--
(1) set forth, if required by subsection (f), the
calendar year in which, in the opinion of the Congress,
the goals for reducing unemployment set forth in
section 4(b) of the Employment Act of 1946 should be
achieved;
(2) include reconciliation directives described in
section 310;
(3) require a procedure under which all or certain
bills or resolutions providing new budget authority or
new entitlement authority for such fiscal year shall
not be enrolled until the Congress has completed action
on any reconciliation bill or reconciliation resolution
or both required by such concurrent resolution to be
reported in accordance with section 310(b);
(4) set forth such other matters, and require such
other procedures, relating to the budget, as may be
appropriate to carry out the purposes of this Act;
(5) include a heading entitled ``Debt Increase as
Measure of Deficit'' in which the concurrent resolution
shall set forth the amounts by which the debt subject
to limit (in section 3101 of title 31 of the United
States Code) has increased or would increase in each of
the relevant fiscal years;
(6) include a heading entitled ``Display of Federal
Retirement Trust Fund Balances'' in which the
concurrent resolution shall set forth the balances of
the Federal retirement trust funds;
(7) set forth procedures in the Senate whereby
committee allocations, aggregates, and other levels can
be revised for legislation if that legislation would
not increase the deficit, or would not increase the
deficit when taken with other legislation enacted after
the adoption of the resolution, for the first fiscal
year or the total period of fiscal years covered by the
resolution;
(8) set forth procedures to effectuate pay-as-you-
go in the House of Representatives; and
(9) set forth direct loan obligation and primary
loan guarantee commitment levels.
(c) Consideration of Procedures or Matters Which Have the
Effect of Changing any Rule of the House of Representatives.--
If the Committee on the Budget of the House of Representatives
reports any concurrent resolution on the budget which includes
any procedure or matter which has the effect of changing any
rule of the House of Representatives, such concurrent
resolution shall then be referred to the Committee on Rules
with instructions to report it within five calendar days (not
counting any day on which the House is not in session). The
Committee on Rules shall have jurisdiction to report any
concurrent resolution referred to it under this paragraph with
an amendment or amendments changing or striking out any such
procedure or matter.
(d) Views and Estimates of Other Committees.--Within 6
weeks after the President submits a budget under section
1105(a) of title 31, United States Code, or at such time as may
be requested by the Committee on the Budget, each committee of
the House of Representatives having legislative jurisdiction
shall submit to the Committee on the Budget of the House and
each committee of the Senate having legislative jurisdiction
shall submit to the Committee on the Budget of the Senate its
views and estimates (as determined by the committee making such
submission) with respect to all matters set forth in
subsections (a) and (b) which relate to matters within the
jurisdiction or functions of such committee. The Joint Economic
Committee shall submit to the Committees on the Budget of both
Houses its recommendations as to the fiscal policy appropriate
to the goals of the Employment Act of 1946. Any other committee
of the House of Representatives or the Senate may submit to the
Committee on the Budget of its House, and any joint committee
of the Congress may submit to the Committees on the Budget of
both Houses, its views and estimates with respect to all
matters set forth in subsections (a) and (b) which relate to
matters within its jurisdiction or functions. Any Committee of
the House of Representatives or the Senate that anticipates
that the committee will consider any proposed legislation
establishing, amending, or reauthorizing any Federal program
likely to have a significant budgetary impact on any State,
local, or tribal government, or likely to have a significant
financial impact on the private sector, including any
legislative proposal submitted by the executive branch likely
to have such a budgetary or financial impact, shall include its
views and estimates on that proposal to the Committee on the
Budget of the applicable House.
(e) Hearings and Report.--
(1) In general.--In developing the concurrent
resolution on the budget referred to in subsection (a)
for each fiscal year, the Committee on the Budget of
each House shall hold hearings and shall receive
testimony from Members of Congress and such appropriate
representatives of Federal departments and agencies,
the general public, and national organizations as the
committee deems desirable. Each of the recommendations
as to short-term and medium-term goal set forth in the
report submitted by the members of the Joint Economic
Committee under subsection (d) may be considered by the
Committee on the Budget of each House as part of its
consideration of such concurrent resolution, and its
report may reflect its views thereon, including its
views on how the estimates of revenues and levels of
budget authority and outlays set forth in such
concurrent resolution are designed to achieve any goals
it is recommending.
(2) Required contents of report.--The report
accompanying the resolution shall include--
(A) a comparison of the levels of total new
budget authority, total outlays, total
revenues, and the surplus or deficit for each
fiscal year set forth in the resolution with
those requested in the budget submitted by the
President;
(B) with respect to each major functional
category, an estimate of total new budget
authority and total outlays, with the estimates
divided between discretionary and mandatory
amounts;
(C) the economic assumptions that underlie
each of the matters set forth in the resolution
and any alternative economic assumptions and
objectives the committee considered;
(D) information, data, and comparisons
indicating the manner in which, and the basis
on which, the committee determined each of the
matters set forth in the resolution;
(E) the estimated levels of tax
expenditures (the tax expenditures budget) by
major items and functional categories for the
President's budget and in the resolution; and
(F) allocations described in section
302(a).
(3) Additional contents of report.--The report
accompanying the resolution may include--
(A) a statement of any significant changes
in the proposed levels of Federal assistance to
State and local governments;
(B) an allocation of the level of Federal
revenues recommended in the resolution among
the major sources of such revenues;
(C) information, data, and comparisons on
the share of total Federal budget outlays and
of gross domestic product devoted to investment
in the budget submitted by the President and in
the resolution;
(D) the assumed levels of budget authority
and outlays for public buildings, with a
division between amounts for construction and
repair and for rental payments; and
(E) other matters, relating to the budget
and to fiscal policy, that the committee deems
appropriate.
(f) Achievement of Goals for Reducing Unemployment.--
(1) If, pursuant to section 4(c) of the Employment
Act of 1946, the President recommends in the Economic
Report that the goals for reducing unemployment set
forth in section 4(b) of such Act be achieved in a year
after the close of the five-year period prescribed by
such subsection, the concurrent resolution on the
budget for the fiscal year beginning after the date on
which such Economic Report is received by the Congress
may set forth the year in which, in the opinion of the
Congress, such goals can be achieved.
(2) After the Congress has expressed its opinion
pursuant to paragraph (1) as to the year in which the
goals for reducing unemployment set forth in section
4(b) of the Employment Act of 1946 can be achieved, if,
pursuant to section 4(e) of such Act, the President
recommends in the Economic Report that such goals be
achieved in a year which is different from the year in
which the Congress has expressed its opinion that such
goals should be achieved, either in its action pursuant
to paragraph (1) or in its most recent action pursuant
to this paragraph, the concurrent resolution on the
budget for the fiscal year beginning after the date on
which such Economic Report is received by the Congress
may set forth the year in which, in the opinion of the
Congress, such goals can be achieved.
(3) It shall be in order to amend the provision of
such resolution setting forth such year only if the
amendment thereto also proposes to alter the estimates,
amounts, and levels (as described in subsection (a))
set forth in such resolution in germane fashion in
order to be consistent with the economic goals (as
described in sections 3(a)(2) and (4)(b) of the
Employment Act of 1946) which such amendment proposes
can be achieved by the year specified in such
amendment.
(g) Economic Assumptions.--
(1) It shall not be in order in the Senate to
consider any concurrent resolution on the budget for a
fiscal year, or any amendment thereto, or any
conference report thereon, that sets forth amounts and
levels that are determined on the basis of more than
one set of economic and technical assumptions.
(2) The joint explanatory statement accompanying a
conference report on a concurrent resolution on the
budget shall set forth the common economic assumptions
upon which such joint statement and conference report
are based, or upon which any amendment contained in the
joint explanatory statement to be proposed by the
conferees in the case of technical disagreement, is
based.
(3) Subject to periodic reestimation based on
changed economic conditions or technical estimates,
determinations under titles III and IV of the
Congressional Budget Act of 1974 shall be based upon
such common economic and technical assumptions.
(h) Budget Committees Consultation With Committees.--The
Committee on the Budget of the House of Representatives shall
consult with the committees of its House having legislative
jurisdiction during the preparation, consideration, and
enforcement of the concurrent resolution on the budget with
respect to all matters which relate to the jurisdiction or
functions of such committees.
(i) Social Security Point of Order.--It shall not be in
order in the Senate to consider any concurrent resolution on
the budget (or amendment, motion, or conference report on the
resolution) that would decrease the excess of social security
revenues over social security outlays in any of the fiscal
years covered by the concurrent resolution. No change in
chapter 1 of the Internal Revenue Code of 1986 shall be treated
as affecting the amount of social security revenues unless such
provision changes the income tax treatment of social security
benefits.
committee allocations
Sec. 302. [2 U.S.C. 633] (a) Committee Spending
Allocations.--
(1) Allocation among committees.--The joint
explanatory statement accompanying a conference report
on a concurrent resolution on the budget shall include
an allocation, consistent with the resolution
recommended in the conference report, of the levels for
the first fiscal year of the resolution, for at least
each of the ensuing 4 fiscal years, and a total for
that period of fiscal years (except in the case of the
Committee on Appropriations only for the fiscal year of
that resolution) of--
(A) total new budget authority; and
(B) total outlays;
among each committee of the House of Representatives or
the Senate that has jurisdiction over legislation
providing or creating such amounts.
(2) No double counting.--In the House of
Representatives, any item allocated to one committee
may not be allocated to another committee.
(3) Further division of amounts.--
(A) In the senate.--In the Senate, the
amount allocated to the Committee on
Appropriations shall be further divided among
the categories specified in section 250(c)(4)
of the Balanced Budget and Emergency Deficit
Control Act of 1985 and shall not exceed the
limits for each category set forth in section
251(c) of that Act.
(B) In the house.--In the House of
Representatives, the amounts allocated to each
committee for each fiscal year, other than the
Committee on Appropriations, shall be further
divided between amounts provided or required by
law on the date of filing of that conference
report and amounts not so provided or required.
The amounts allocated to the Committee on
Appropriations shall be further divided--
(i) between discretionary and
mandatory amounts or programs, as
appropriate; and
(ii) consistent with the categories
specified in section 250(c)(4) of the
Balanced Budget and Emergency Deficit
Control Act of 1985.
(4) Amounts not allocated.--In the House of
Representatives or the Senate, if a committee receives
no allocation of new budget authority or outlays, that
committee shall be deemed to have received an
allocation equal to zero for new budget authority or
outlays.
(5) Adjusting allocation of discretionary spending
in the house of representatives.--(A) If a concurrent
resolution on the budget is not adopted by April 15,
the chairman of the Committee on the Budget of the
House of Representatives shall submit to the House, as
soon as practicable, an allocation under paragraph (1)
to the Committee on Appropriations consistent with the
discretionary spending levels in the most recently
agreed to concurrent resolution on the budget for the
appropriate fiscal year covered by that resolution.
(B) As soon as practicable after an allocation
under paragraph (1) is submitted under this section,
the Committee on Appropriations shall make
suballocations and report those suballocations to the
House of Representatives.
(b) Suballocations by Appropriations Committees.--As soon
as practicable after a concurrent resolution on the budget is
agreed to, the Committee on Appropriations of each House (after
consulting with the Committee on Appropriations of the other
House) shall suballocate each amount allocated to it for the
budget year under subsection (a) among its subcommittees. Each
Committee on Appropriations shall promptly report to its House
suballocations made or revised under this subsection. The
Committee on Appropriations of the House of Representatives
shall further divide among its subcommittees the divisions made
under subsection (a)(3)(B) and promptly report those divisions
to the House.
(c) Point of Order.--After the Committee on Appropriations
has received an allocation pursuant to subsection (a) for a
fiscal year, it shall not be in order in the House of
Representatives or the Senate to consider any bill, joint
resolution, amendment, motion, or conference report within the
jurisdiction of that committee providing new budget authority
for that fiscal year, until that committee makes the
suballocations required by subsection (b).
(d) Subsequent Concurrent Resolutions.--In the case of a
concurrent resolution on the budget referred to in section 304,
the allocations under subsection (a) and the subdivisions under
subsection (b) shall be required only to the extent necessary
to take into account revisions made in the most recently agreed
to concurrent resolution on the budget.
(e) Alteration of Allocations.--At any time after a
committee reports the allocations required to be made under
subsection (b), such committee may report to its House an
alteration of such allocations. Any alteration of such
allocations must be consistent with any actions already taken
by its House on legislation within the committee's
jurisdiction.
(f) Legislation Subject to Point of Order.--
(1) In the house of representatives.--After the
Congress has completed action on a concurrent
resolution on the budget for a fiscal year, it shall
not be in order in the House of Representatives to
consider any bill, joint resolution, or amendment
providing new budget authority for any fiscal year, or
any conference report on any such bill or joint
resolution, if--
(A) the enactment of such bill or
resolution as reported;
(B) the adoption and enactment of such
amendment; or
(C) the enactment of such bill or
resolution in the form recommended in such
conference report,
would cause the applicable allocation of new budget
authority made under subsection (a) or (b) for the
first fiscal year or the total of fiscal years to be
exceeded.
(2) In the senate.--After a concurrent resolution
on the budget is agreed to, it shall not be in order in
the Senate to consider any bill, joint resolution,
amendment, motion, or conference report that would
cause--
(A) in the case of any committee except the
Committee on Appropriations, the applicable
allocation of new budget authority or outlays
under subsection (a) for the first fiscal year
or the total of fiscal years to be exceeded; or
(B) in the case of the Committee on
Appropriations, the applicable suballocation of
new budget authority or outlays under
subsection (b) to be exceeded.
(g) Pay-as-You-Go Exception in the House.--
(1) In general.--(A) Subsection (f)(1) and, after
April 15, section 303(a) shall not apply to any bill or
joint resolution, as reported, amendment thereto, or
conference report thereon if, for each fiscal year
covered by the most recently agreed to concurrent
resolution on the budget--
(i) the enactment of that bill or
resolution as reported;
(ii) the adoption and enactment of that
amendment; or
(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would not increase the deficit, and, if the sum of any
revenue increases provided in legislation already
enacted during the current session (when added to
revenue increases, if any, in excess of any outlay
increase provided by the legislation proposed for
consideration) is at least as great as the sum of the
amount, if any, by which the aggregate level of Federal
revenues should be increased as set forth in that
concurrent resolution and the amount, if any, by which
revenues are to be increased pursuant to pay-as-you-go
procedures under section 301(b)(8), if included in that
concurrent resolution.
(B) Section 311(a), as that section applies to
revenues, shall not apply to any bill, joint
resolution, amendment thereto, or conference report
thereon if, for each fiscal year covered by the most
recently agreed to concurrent resolution on the
budget--
(i) the enactment of that bill or
resolution as reported;
(ii) the adoption and enactment of that
amendment; or
(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would not increase the deficit, and, if the sum of any
outlay reductions provided in legislation already
enacted during the current session (when added to
outlay reductions, if any, in excess of any revenue
reduction provided by the legislation proposed for
consideration) is at least as great as the sum of the
amount, if any, by which the aggregate level of Federal
outlays should be reduced as required by that
concurrent resolution and the amount, if any, by which
outlays are to be reduced pursuant to pay-as-you-go
procedures under section 301(b)(8), if included in that
concurrent resolution.
(2) Revised allocations.--(A) As soon as
practicable after Congress agrees to a bill or joint
resolution that would have been subject to a point of
order under subsection (f)(1) but for the exception
provided in paragraph (1)(A) or would have been subject
to a point of order under section 311(a) but for the
exception provided in paragraph (1)(B), the chairman of
the committee on the Budget of the House of
Representatives shall file with the House appropriately
revised allocations under section 302(a) and revised
functional levels and budget aggregates to reflect that
bill.
(B) Such revised allocations, functional levels,
and budget aggregates shall be considered for the
purposes of this Act as allocations, functional levels,
and budget aggregates contained in the most recently
agreed to concurrent resolution on the budget.
concurrent resolution on the budget must be adopted before budget-
related legislation is considered
Sec. 303. \13\ [2 U.S.C. 634] (a) In General.--Until the
concurrent resolution on the budget for a fiscal year has been
agreed to, it shall not be in order in the House of
Representatives, with respect to the first fiscal year covered
by that resolution, or the Senate, with respect to any fiscal
year covered by that resolution, to consider any bill or joint
resolution, amendment or motion thereto, or conference report
thereon that--
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\13\ In the House, the application of section 303 was modified for
the 106th Congress by section 2(a)(3) of H. Res. 5 (106th Congress) on
January 6, 1999, to clarify that, in the case of a reported bill or
joint resolution considered pursuant to a special order, determinations
under section 303 are for the text made in order as an original bill or
joint resolution for the purpose of amendment or to the text on which
the previous question is ordered directly to passage. This provision
has been extended through House Resolutions through the 112th Congress.
---------------------------------------------------------------------------
(1) first provides new budget authority for that
fiscal year;
(2) first provides an increase or decrease in
revenues during that fiscal year;
(3) provides an increase or decrease in the public
debt limit to become effective during that fiscal year;
(4) in the Senate only, first provides new
entitlement authority for that fiscal year; or
(5) in the Senate only, first provides for an
increase or decrease in outlays for that fiscal year.
(b) Exceptions in the House.-- In the House of
Representatives, subsection (a) does not apply--
(1)(A) to any bill or joint resolution, as
reported, providing advance discretionary new budget
authority that first becomes available for the first or
second fiscal year after the budget year; or
(B) to any bill or joint resolution, as reported,
first increasing or decreasing revenues in a fiscal
year following the fiscal year to which the concurrent
resolution applies;
(2) after May 15, to any general appropriation bill
or amendment thereto; or
(3) to any bill or joint resolution unless it is
reported by a committee.
(c) Application to Appropriation Measures in the Senate.--
(1) In general.--Until the concurrent resolution on
the budget for a fiscal year has been agreed to and an
allocation has been made to the Committee on
Appropriations of the Senate under section 302(a) for
that year, it shall not be in order in the Senate to
consider any appropriation bill or joint resolution,
amendment or motion thereto, or conference report
thereon for that year or any subsequent year.
(2) Exception.--Paragraph (1) does not apply to
appropriations legislation making advance
appropriations for the first or second fiscal year
after the year the allocation referred to in that
paragraph is made.
permissible revisions of concurrent resolutions on the budget
Sec. 304. [2 U.S.C. 635] At any time after the concurrent
resolution on the budget for a fiscal year has been agreed to
pursuant to section 301, and before the end of such fiscal
year, the two Houses may adopt a concurrent resolution on the
budget which revises or reaffirms the concurrent resolution on
the budget for such fiscal year most recently agreed to.
provisions relating to the consideration of concurrent resolutions on
the budget
Sec. 305. [2 U.S.C. 636] (a) \14\ Procedure in House of
Representatives After Report of Committee; Debate.--
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\14\ See clause 10(a) of Rule XVIII of the Rules of the House of
Representatives. See page 269.
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(1) When a concurrent resolution on the budget has
been reported by the Committee on the Budget of the
House of Representatives and has been referred to the
appropriate calendar of the House, it shall be in order
on any day thereafter, subject to clause 2(l)(6) of
rule XI \15\ of the Rules of the House of
Representatives, to move to proceed to the
consideration of the concurrent resolution. The motion
is highly privileged and is not debatable. An amendment
to the motion is not in order and it is not in order to
move to reconsider the vote by which the motion is
agreed to or disagreed to.
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\15\ Recodified at the beginning of the 106th Congress as clause 4
of Rule XIII.
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(2) General debate on any concurrent resolution on
the budget in the House of Representatives shall be
limited to not more than 10 hours, which shall be
divided equally between the majority and minority
parties, plus such additional hours of debate as are
consumed pursuant to paragraph (3). A motion further to
limit debate is not debatable. A motion to recommit the
concurrent resolution is not in order, and it is not in
order to move to reconsider the vote by which the
concurrent resolution is agreed to or disagreed to.
(3) Following the presentation of opening
statements on the concurrent resolution on the budget
for a fiscal year by the chairman and ranking minority
member of the Committee on the Budget of the House,
there shall be a period of up to four hours for debate
on economic goals and policies.
(4) Only if a concurrent resolution on the budget
reported by the Committee on the Budget of the House
sets forth the economic goals (as described in sections
3(a)(2) and (4)(b) of the Full Employment Act of 1946)
which the estimates, amounts, and levels (as described
in section 301(a)) set forth in such resolution are
designed to achieve, shall it be in order to offer to
such resolution an amendment relating to such goals,
and such amendment shall be in order only if it also
proposes to alter such estimates, amounts, and levels
in germane fashion in order to be consistent with the
goals proposed in such amendment.
(5) \16\ Consideration of any concurrent resolution
on the budget by the House of Representatives shall be
in the Committee of the Whole, and the resolution shall
be considered for amendment under the five-minute rule
in accordance with the applicable provisions of rule
XXIII \17\ of the Rules of the House of
Representatives. After the Committee rises and reports
the resolution back to the House, the previous question
shall be considered as ordered on the resolution and
any amendments thereto to final passage without
intervening motion; except that it shall be in order at
any time prior to final passage (notwithstanding any
other rule or provision of law) to adopt an amendment
(or a series of amendments) changing any figure or
figures in the resolution as so reported to the extent
necessary to achieve mathematical consistency.
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\16\ See clause 10(c) of Rule XVIII of the Rules of the House of
Representatives on page 269.
\17\ Recodified at the beginning of the 106th Congress as Rule
XVIII.
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(6) Debate in the House of Representatives on the
conference report on any concurrent resolution on the
budget shall be limited to not more than 5 hours, which
shall be divided equally between the majority and
minority parties. A motion further to limit debate is
not debatable. A motion to recommit the conference
report is not in order, and it is not in order to move
to reconsider the vote by which the conference report
is agreed to or disagreed to.
(7) Appeals from decisions of the Chair relating to
the application of the Rules of the House of
Representatives to the procedure relating to any
concurrent resolution on the budget shall be decided
without debate.
(b) Procedure in Senate After Report of Committee; Debate;
Amendments.--
(1) Debate in the Senate on any concurrent
resolution on the budget, and all amendments thereto
and debatable motions and appeals in connection
therewith, shall be limited to not more than 50 hours,
except that with respect to any concurrent resolution
referred to in section 304(a) all such debate shall be
limited to not more than 15 hours. The time shall be
equally divided between, and controlled by, the
majority leader and the minority leader or their
designees.
(2) Debate in the Senate on any amendment to a
concurrent resolution on the budget shall be limited to
2 hours, to be equally divided between, and controlled
by, the mover and the manager of the concurrent
resolution, and debate on any amendment to an
amendment, debatable motion, or appeal shall be limited
to 1 hour, to be equally divided between, and
controlled by, the mover and the manager of the
concurrent resolution, except that in the event the
manager of the concurrent resolution is in favor of any
such amendment, motion, or appeal, the time in
opposition thereto shall be controlled by the minority
leader or his designee. No amendment that is not
germane to the provisions of such concurrent resolution
shall be received. Such leaders, or either of them,
may, from the time under their control on the passage
of the concurrent resolution, allot additional time to
any Senator during the consideration of any amendment,
debatable motion, or appeal.
(3) Following the presentation of opening
statements on the concurrent resolution on the budget
for a fiscal year by the chairman and ranking minority
member of the Committee on the Budget of the Senate,
there shall be a period of up to four hours for debate
on economic goals and policies.
(4) Subject to the other limitations of this Act,
only if a concurrent resolution on the budget reported
by the Committee on the Budget of the Senate sets forth
the economic goals (as described in sections 3(a)(2)
and 4(b) of the Employment Act of 1946) which the
estimates, amounts, and levels (as described in section
301(a)) set forth in such resolution are designed to
achieve, shall it be in order to offer to such
resolution an amendment relating to such goals, and
such amendment shall be in order only if it also
proposes to alter such estimates, amounts, and levels
in germane fashion in order to be consistent with the
goals proposed in such amendment.
(5) A motion to further limit debate is not
debatable. A motion to recommit (except a motion to
recommit with instructions to report back within a
specified number of days, not to exceed 3, not counting
any day on which the Senate is not in session) is not
in order. Debate on any such motion to recommit shall
be limited to 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the
concurrent resolution.
(6) Notwithstanding any other rule, an amendment or
series of amendments to a concurrent resolution on the
budget proposed in the Senate shall always be in order
if such amendment or series of amendments proposes to
change any figure or figures then contained in such
concurrent resolution so as to make such concurrent
resolution mathematically consistent or so as to
maintain such consistency.
(c) Action on Conference Reports in the Senate.--
(1) A motion to proceed to the consideration of the
conference report on any concurrent resolution on the
budget (or a reconciliation bill or resolution) may be
made even though a previous motion to the same effect
has been disagreed to.
(2) During the consideration in the Senate of the
conference report (or a message between Houses) on any
concurrent resolution on the budget, and all amendments
in disagreement, and all amendments thereto, and
debatable motions and appeals in connection therewith,
debate shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader
and minority leader or their designees. Debate on any
debatable motion or appeal related to the conference
report (or a message between Houses) shall be limited
to 1 hour, to be equally divided between, and
controlled by, the mover and the manager of the
conference report (or a message between Houses).
(3) Should the conference report be defeated,
debate on any request for a new conference and the
appointment of conferrees shall be limited to 1 hour,
to be equally divided between, and controlled by, the
manager of the conference report and the minority
leader or his designee, and should any motion be made
to instruct the conferees before the conferees are
named, debate on such motion shall be limited to one-
half hour, to be equally divided between, and
controlled by, the mover and the manager of the
conference report. Debate on any amendment to any such
instructions shall be limited to 20 minutes, to be
equally divided between and controlled by the mover and
the manager of the conference report. In all cases when
the manager of the conference report is in favor of any
motion, appeal, or amendment, the time in opposition
shall be under the control of the minority leader or
his designee.
(4) In any case in which there are amendments in
disagreement, time on each amendment shall be limited
to 30 minutes, to be equally divided between, and
controlled by, the manager of the conference report and
the minority leader or his designee. No amendment that
is not germane to the provisions of such amendments
shall be received.
(d) Concurrent Resolution Must be Consistent in the
Senate.--It shall not be in order in the Senate to vote on the
question of agreeing to--
(1) a concurrent resolution on the budget unless
the figures then contained in such resolution are
mathematically consistent; or
(2) a conference report on a concurrent resolution
on the budget unless the figures contained in such
resolution, as recommended in such conference report,
are mathematically consistent.
legislation dealing with congressional budget must be handled by budget
committees
Sec. 306. [2 U.S.C. 637] No bill, resolution, amendment,
motion, or conference report, dealing with any matter which is
within the jurisdiction of the Committee on the Budget of
either House shall be considered in that House unless it is a
bill or resolution which has been reported by the Committee on
the Budget of that House (or from the consideration of which
such committee has been discharged) or unless it is an
amendment to such a bill or resolution.
house committee action on all appropriation bills to be completed by
june 10
Sec. 307. [2 U.S.C. 638] On or before June 10 of each year,
the Committee on Appropriations of the House of Representatives
shall report annual appropriation bills providing new budget
authority under the jurisdiction of all of its subcommittees
for the fiscal year which begins on October 1 of that year.
reports, summaries, and projections of congressional budget actions
Sec. 308. [2 U.S.C. 639] (a) Reports on Legislation
Providing New Budget Authority or Providing an Increase or
Decrease in Revenues or Tax Expenditures.--
(1) Whenever a committee of either House reports to
its House a bill or joint resolution, or committee
amendment thereto, providing new budget authority
(other than continuing appropriations) or providing an
increase or decrease in revenues or tax expenditures
for a fiscal year (or fiscal years), the report
accompanying that bill or joint resolution shall
contain a statement, or the committee shall make
available such a statement in the case of an approved
committee amendment which is not reported to its House,
prepared after consultation with the Director of the
Congressional Budget Office--
(A) comparing the levels in such measure to
the appropriate allocations in the reports
submitted under section 302(b) for the most
recently agreed to concurrent resolution on the
budget for such fiscal year (or fiscal years);
(B) containing a projection by the
Congressional Budget Office of how such measure
will affect the levels of such budget
authority, budget outlays, revenues, or tax
expenditures under existing law for such fiscal
year (or fiscal years) and each of the four
ensuing fiscal years, if timely submitted
before such report is filed; and
(C) containing an estimate by the
Congressional Budget Office of the level of new
budget authority for assistance to State and
local governments provided by such measure, if
timely submitted before such report is filed.
(2) Whenever a conference report is filed in either
House and such conference report or any amendment
reported in disagreement or any amendment contained in
the joint statement of managers to be proposed by the
conferees in the case of technical disagreement on such
bill or joint resolution provides new budget authority
(other than continuing appropriations) or provides an
increase or decrease in revenues for a fiscal year (or
fiscal years), the statement of managers accompanying
such conference report shall contain the information
described in paragraph (1), if available on a timely
basis. If such information is not available when the
conference report is filed, the committee shall make
such information available to Members as soon as
practicable prior to the consideration of such
conference report.
(3) CBO paygo estimates.--
(A) The Chairs of the Committees on the
Budget of the House and Senate, as applicable,
shall request from the Director of the
Congressional Budget Office an estimate of the
budgetary effects of PAYGO legislation.
(B) Estimates shall be prepared using
baseline estimates supplied by the
Congressional Budget Office, consistent with
section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(C) The Director shall not count timing
shifts, as that term is defined at section 3(8)
of the Statutory Pay-As-You-Go Act of 2010, in
estimates of the budgetary effects of PAYGO
Legislation.
(b) Up-To-Date Tabulations of Congressional Budget
Action.--
(1) The Director of the Congressional Budget Office
shall issue to the committees of the House of
Representatives and the Senate reports on at least a
monthly basis detailing and tabulating the progress of
congressional action on bills and joint resolutions
providing new budget authority or providing an increase
or decrease in revenues or tax expenditures for each
fiscal year covered by a concurrent resolution on the
budget. Such reports shall include but are not limited
to an up-to-date tabulation comparing the appropriate
aggregate and functional levels (including outlays)
included in the most recently adopted concurrent
resolution on the budget with the levels provided in
bills and joint resolutions reported by committees or
adopted by either House or by the Congress, and with
the levels provided by law for the fiscal year
preceding the first fiscal year covered by the
appropriate concurrent resolution.
(2) The Committee on the Budget of each House shall
make available to Members of its House summary budget
scorekeeping reports. Such reports--
(A) shall be made available on at least a
monthly basis, but in any case frequently
enough to provide Members of each House an
accurate representation of the current status
of congressional consideration of the budget;
(B) shall include, but are not limited to
summaries of tabulations provided under
subsection (b)(1); and
(C) shall be based on information provided
under subsection (b)(1) without substantive
revision.
The chairman of the Committee on the Budget of the House of
Representatives shall submit such reports to the Speaker.
(c) Five-Year Projection of Congressional Budget Act.--As
soon as practicable after the beginning of each fiscal year,
the Director of the Congressional Budget Office shall issue a
report projecting for the period of 5 fiscal years beginning
with such fiscal year--
(1) total new budget authority and total budget
outlays for each fiscal year in such period;
(2) revenues to be received and the major sources
thereof, and the surplus or deficit, if any, for each
fiscal year in such period;
(3) tax expenditures for each fiscal year in such
period; and
(4) entitlement authority for each fiscal year in
such period.
(d) Scorekeeping Guidelines.--Estimates under this section
shall be provided in accordance with the scorekeeping
guidelines determined under section 252(d)(5) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
house approval of regular appropriation bills
Sec. 309. [2 U.S.C. 640] It shall not be in order in the
House of Representatives to consider any resolution providing
for an adjournment period of more than three calendar days
during the month of July until the House of Representatives has
approved annual appropriation bills providing new budget
authority under the jurisdiction of all the subcommittees of
the Committee on Appropriations for the fiscal year beginning
on October 1 of such year. For purposes of this section, the
chairman of the Committee on Appropriations of the House of
Representatives shall periodically advise the Speaker as to
changes in jurisdiction among its various subcommittees.
reconciliation \18\
Sec. 310. [2 U.S.C. 641] (a) Inclusion of Reconciliation
Directives in Concurrent Resolutions on the Budget.--A
concurrent resolution on the budget for any fiscal year, to the
extent necessary to effectuate the provisions and requirements
of such resolution, shall--
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\18\ A point of order now lays against a reconciliation bill that
has the net effect of increasing direct spending. Clause 7 of rule XXI
of the Rules of the House of Representatives for the 112th Congress
provides as follows:
``7. It shall not be in order to consider a concurrent resolution
on the budget, or an amendment thereto, or a conference report thereon
that contains reconciliation directives under section 310 of the
Congressional Budget Act of 1974 that specify changes in law such that
the reconciliation legislation reported pursuant to such directives
would cause an increase in net direct spending (as such term is defined
in clause 10) for the period covered by such concurrent resolution.''
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(1) specify the total amount by which--
(A) new budget authority for such fiscal
year;
(B) budget authority initially provided for
prior fiscal years;
(C) new entitlement authority which is to
become effective during such fiscal year; and
(D) credit authority for such fiscal year,
contained in laws, bills, and resolutions within the
jurisdiction of a committee is to be changed and direct
that committee to determine and recommend changes to
accomplish a change of such total amount;
(2) specify the total amount by which revenues are
to be changed and direct that the committees having
jurisdiction to determine and recommend changes in the
revenue laws, bills, and resolutions to accomplish a
change of such total amount;
(3) specify the amounts by which the statutory
limit on the public debt is to be changed and direct
the committee having jurisdiction to recommend such
change; or
(4) specify and direct any combination of the
matters described in paragraphs (1), (2), and (3)
(including a direction to achieve deficit reduction).
(b) Legislative Procedure.--If a concurrent resolution
containing directives to one or more committees to determine
and recommend changes in laws, bills, or resolutions is agreed
to in accordance with subsection (a), and--
(1) only one committee of the House or the Senate
is directed to determine and recommend changes, that
committee shall promptly make such determination and
recommendations and report to its House reconciliation
legislation containing such recommendations; or
(2) more than one committee of the House or the
Senate is directed to determine and recommend changes,
each such committee so directed shall promptly make
such determination and recommendations and submit such
recommendations to the Committee on the Budget of its
House, which upon receiving all such recommendations,
shall report to its House reconciliation legislation
carrying out all such recommendations without any
substantive revision.
For purposes of this subsection, a reconciliation resolution is
a concurrent resolution directing the Clerk of the House of
Representatives or the Secretary of the Senate, as the case may
be, to make specified changes in bills and resolutions which
have not been enrolled.
(c) Compliance With Reconciliation Directions.--(1) Any
committee of the House of Representatives or the Senate that is
directed, pursuant to a concurrent resolution on the budget, to
determine and recommend changes of the type described in
paragraphs (1) and (2) of subsection (a) with respect to laws
within its jurisdiction, shall be deemed to have complied with
such directions--
(A) if--
(i) the amount of the changes of the type
described in paragraph (1) of such subsection
recommended by such committee do not exceed or
fall below the amount of the changes such
committee was directed by such concurrent
resolution to recommend under that paragraph by
more than--
(I) in the Senate, 20 percent of
the total of the amounts of the changes
such committee was directed to make
under paragraphs (1) and (2) of such
subsection; or
(II) in the House of
Representatives, 20 percent of the sum
of the absolute value of the changes
the committee was directed to make
under paragraph (1) and the absolute
value of the changes the committee was
directed to make under paragraph (2);
and
(ii) the amount of the changes of the type
described in paragraph (2) of such subsection
recommended by such committee do not exceed or
fall below the amount of the changes such
committee was directed by such concurrent
resolution to recommend under that paragraph by
more than--
(I) in the Senate, 20 percent of
the total of the amounts of the changes
such committee was directed to make
under paragraphs (1) and (2) of such
subsection; or
(II) in the House of
Representatives, 20 percent of the sum
of the absolute value of the changes
the committee was directed to make
under paragraph (1) and the absolute
value of the changes the committee was
directed to make under paragraph (2);
and
(B) if the total amount of the changes recommended
by such committee is not less than the total of the
amounts of the changes such committee was directed to
make under paragraphs (1) and (2) of such subsection.
(2)(A) Upon the reporting to the Committee on the
Budget of the Senate of a recommendation that shall be
deemed to have complied with such directions solely by
virtue of this subsection, the chairman of that
committee may file with the Senate appropriately
revised allocations under section 302(a) and revised
functional levels and aggregates to carry out this
subsection.
(B) Upon the submission to the Senate of a
conference report recommending a reconciliation bill or
resolution in which a committee shall be deemed to have
complied with such directions solely by virtue of this
subsection, the chairman of the Committee on the Budget
of the Senate may file with the Senate appropriately
revised allocations under section 302(a) and revised
functional levels and aggregates to carry out this
subsection.
(C) Allocations, functional levels, and aggregates
revised pursuant to this paragraph shall be considered
to be allocations, functional levels, and aggregates
contained in the concurrent resolution on the budget
pursuant to section 301.
(D) Upon the filing of revised allocations pursuant
to this paragraph, the reporting committee shall report
revised allocations pursuant to section 302(b) to carry
out this subsection.
(d) Limitation on Amendments to Reconciliation Bills and
Resolutions.--
(1) It shall not be in order in the House of
Representatives to consider any amendment to a
reconciliation bill or reconciliation resolution if
such amendment would have the effect of increasing any
specific budget outlays above the level of such outlays
provided in the bill or resolution (for the fiscal
years covered by the reconciliation instructions set
forth in the most recently agreed to concurrent
resolution on the budget), or would have the effect of
reducing any specific Federal revenues below the level
of such revenues provided in the bill or resolution
(for such fiscal years), unless such amendment makes at
least an equivalent reduction in other specific budget
outlays, an equivalent increase in other specific
Federal revenues, or an equivalent combination thereof
(for such fiscal years), except that a motion to strike
a provision providing new budget authority or new
entitlement authority may be in order.
(2) It shall not be in order in the Senate to
consider any amendment to a reconciliation bill or
reconciliation resolution if such amendment would have
the effect of decreasing any specific budget outlay
reductions below the level of such outlay reductions
provided (for the fiscal years covered) in the
reconciliation instructions which relate to such bill
or resolution set forth in a resolution providing for
reconciliation, or would have the effect of reducing
Federal revenue increases below the level of such
revenue increases provided (for such fiscal years) in
such instructions relating to such bill or resolution,
unless such amendment makes a reduction in other
specific budget outlays, an increase in other specific
Federal revenues, or a combination thereof (for such
fiscal years) at least equivalent to any increase in
outlays or decrease in revenues provided by such
amendment, except that a motion to strike a provision
shall always be in order.
(3) Paragraphs (1) and (2) shall not apply if a
declaration of war by the Congress is in effect.
(4) For purposes of this section, the levels of
budget outlays and Federal revenues for a fiscal year
shall be determined on the basis of estimates made by
the Committee on the Budget of the House of
Representatives or of the Senate, as the case may be.
(5) The Committee on Rules of the House of
Representatives may make in order amendments to achieve
changes specified by reconciliation directives
contained in a concurrent resolution on the budget if a
committee or committees of the House fail to submit
recommended changes to its Committee on the Budget
pursuant to its instruction.
(e) Procedure in the Senate.--
(1) Except as provided in paragraph (2), the
provisions of section 305 for the consideration in the
Senate of concurrent resolutions on the budget and
conference reports thereon shall also apply to the
consideration in the Senate of reconciliation bills
reported under subsection (b) and conference reports
thereon.
(2) Debate in the Senate on any reconciliation bill
reported under subsection (b), and all amendments
thereto and debatable motions and appeals in connection
therewith, shall be limited to not more than 20 hours.
(f) Completion of Reconciliation Process.--It shall not be
in order in the House of Representatives to consider any
resolution providing for an adjournment period of more than
three calendar days during the month of July until the House of
Representatives has completed action on the reconciliation
legislation for the fiscal year beginning on October 1 of the
calendar year to which the adjournment resolution pertains, if
reconciliation legislation is required to be reported by the
concurrent resolution on the budget for such fiscal year.
(g) Limitation on Changes to the Social Security Act.--
Notwithstanding any other provision of law, it shall not be in
order in the Senate or the House of Representatives to consider
any reconciliation bill or reconciliation resolution reported
pursuant to a concurrent resolution on the budget agreed to
under section 301 or 304, or a joint resolution pursuant to
section 258C of the Balanced Budget and Emergency Deficit
Control Act of 1985, or any amendment thereto or conference
report thereon, that contains recommendations with respect to
the old-age, survivors, and disability insurance program
established under title II of the Social Security Act.
budget-related legislation must be within appropriate levels
Sec. 311. [2 U.S.C. 642] (a) Enforcement of Budget
Aggregates.--
(1) In the house of representatives.--Except as
provided by subsection (c), after the Congress has
completed action on a concurrent resolution on the
budget for a fiscal year, it shall not be in order in
the House of Representatives to consider any bill,
joint resolution, amendment, motion, or conference
report providing new budget authority or reducing
revenues, if--
(A) the enactment of that bill or
resolution as reported;
(B) the adoption and enactment of that
amendment; or
(C) the enactment of that bill or
resolution in the form recommended in that
conference report;
would cause the level of total new budget authority or
total outlays set forth in the applicable concurrent
resolution on the budget for the first fiscal year to
be exceeded, or would cause revenues to be less than
the level of total revenues set forth in that
concurrent resolution for the first fiscal year or for
the total of that first fiscal year and the ensuing
fiscal years for which allocations are provided under
section 302(a), except when a declaration of war by the
Congress is in effect.
(2) In the senate.--After a concurrent resolution
on the budget is agreed to, it shall not be in order in
the Senate to consider any bill, joint resolution,
amendment, motion, or conference report that--
(A) would cause the level of total new
budget authority or total outlays set forth for
the first fiscal year in the applicable
resolution to be exceeded; or
(B) would cause revenues to be less than
the level of total revenues set forth for that
first fiscal year or for the total of that
first fiscal year and the ensuing fiscal years
in the applicable resolution for which
allocations are provided under section 302(a).
(3) Enforcement of social security levels in the
senate.--After a concurrent resolution on the budget is
agreed to, it shall not be in order in the Senate to
consider any bill, joint resolution, amendment, motion,
or conference report that would cause a decrease in
social security surpluses or an increase in social
security deficits relative to the levels set forth in
the applicable resolution for the first fiscal year or
for the total of that fiscal year and the ensuing
fiscal years for which allocations are provided under
section 302(a).
(b) Social Security Levels.--
(1) In general.--For purposes of subsection (a)(3),
social security surpluses equal the excess of social
security revenues over social security outlays in a
fiscal year or years with such an excess and social
security deficits equal the excess of social security
outlays over social security revenues in a fiscal year
or years with such an excess.
(2) Tax treatment.--For purposes of subsection
(a)(3), no provision of any legislation involving a
change in chapter 1 of the Internal Revenue Code of
1986 shall be treated as affecting the amount of social
security revenues or outlays unless that provision
changes the income tax treatment of social security
benefits.
(c) Exception in the House of Representatives.--Subsection
(a)(1) shall not apply in the House of Representatives to any
bill, joint resolution, or amendment that provides new budget
authority for a fiscal year or to any conference report on any
such bill or resolution, if--
(1) the enactment of that bill or resolution as
reported;
(2) the adoption and enactment of that amendment;
or
(3) the enactment of that bill or resolution in the
form recommended in that conference report;
would not cause the appropriate allocation of new budget
authority made pursuant to section 302(a) for that fiscal year
to be exceeded.
determinations and points of order
Sec. 312. [2 U.S.C. 643] (a) Budget Committee
Determinations.--For purposes of this title and title IV, the
levels of new budget authority, outlays, direct spending, new
entitlement authority, and revenues for a fiscal year shall be
determined on the basis of estimates made by the Committee on
the Budget of the House of Representatives or the Senate, as
applicable.
(b) Discretionary Spending Point of Order in the Senate.--
(1) In general.--Except as otherwise provided in
this subsection, it shall not be in order in the Senate
to consider any bill or resolution (or amendment,
motion, or conference report on that bill or
resolution) that would exceed any of the discretionary
spending limits in section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(2) Exceptions.--This subsection shall not apply if
a declaration of war by the Congress is in effect or if
a joint resolution pursuant to section 258 of the
Balanced Budget and Emergency Deficit Control Act of
1985 \19\ has been enacted.
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\19\ The Congressional Budget Office is not required to prepare a
report under section 258 pursuant to section 104(b) of the Budget
Control Act of 2011 (Public Law 112-25). See page 178.
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(c) Maximum Deficit Amount Point of Order in the Senate.--
It shall not be in order in the Senate to consider any
concurrent resolution on the budget for a fiscal year, or to
consider any amendment to that concurrent resolution, or to
consider a conference report on that concurrent resolution,
if--
(1) the level of total outlays for the first fiscal
year set forth in that concurrent resolution or
conference report exceeds; or
(2) the adoption of that amendment would result in
a level of total outlays for that fiscal year that
exceeds;
the recommended level of Federal revenues for that fiscal year,
by an amount that is greater than the maximum deficit amount,
if any, specified in the Balanced Budget and Emergency Deficit
Control Act of 1985 for that fiscal year.
(d) Timing of Points of Order in the Senate.--A point of
order under this Act may not be raised against a bill,
resolution, amendment, motion, or conference report while an
amendment or motion, the adoption of which would remedy the
violation of this Act, is pending before the Senate.
(e) Points of Order in the Senate Against Amendments
Between the Houses.--Each provision of this Act that
establishes a point of order against an amendment also
establishes a point of order in the Senate against an amendment
between the Houses. If a point of order under this Act is
raised in the Senate against an amendment between the Houses
and the point of order is sustained, the effect shall be the
same as if the Senate had disagreed to the amendment.
(f) Effect of a Point of Order in the Senate.--In the
Senate, if a point of order under this Act against a bill or
resolution is sustained, the Presiding Officer shall then
recommit the bill or resolution to the committee of appropriate
jurisdiction for further consideration.
extraneous matter in reconciliation legislation
Sec. 313. [2 U.S.C. 644] (a) In General.--When the Senate
is considering a reconciliation bill or a reconciliation
resolution pursuant to section 310 (whether that bill or
resolution originated in the Senate or the House) or section
258C of the Balanced Budget and Emergency Deficit Control Act
of 1985, upon a point of order being made by any Senator
against material extraneous to the instructions to a committee
which is contained in any title or provision of the bill or
resolution or offered as an amendment to the bill or
resolution, and the point of order is sustained by the Chair,
any part of said title or provision that contains material
extraneous to the instructions to said Committee as defined in
subsection (b) shall be deemed stricken from the bill and may
not be offered as an amendment from the floor.
(b) Extraneous Provisions.--(1)(A) Except as provided in
paragraph (2), a provision of a reconciliation bill or
reconciliation resolution considered pursuant to section 310
shall be considered extraneous if such provision does not
produce a change in outlays or revenue, including changes in
outlays and revenues brought about by changes in the terms and
conditions under which outlays are made or revenues are
required to be collected (but a provision in which outlay
decreases or revenue increases exactly offset outlay increases
or revenue decreases shall not be considered extraneous by
virtue of this subparagraph); (B) any provision producing an
increase in outlays or decrease in revenues shall be considered
extraneous if the net effect of provisions reported by the
Committee reporting the title containing the provision is that
the Committee fails to achieve its reconciliation instructions;
(C) a provision that is not in the jurisdiction of the
Committee with jurisdiction over said title or provision shall
be considered extraneous; (D) a provision shall be considered
extraneous if it produces changes in outlays or revenues which
are merely incidental to the non-budgetary components of the
provision; (E) a provision shall be considered to be extraneous
if it increases, or would increase, net outlays, or if it
decreases, or would decrease, revenues during a fiscal year
after the fiscal years covered by such reconciliation bill or
reconciliation resolution, and such increases or decreases are
greater than outlay reductions or revenue increases resulting
from other provisions in such title in such year; and (F) a
provision shall be considered extraneous if it violates section
310(g).
(2) A Senate-originated provision shall not be considered
extraneous under paragraph (1)(A) if the Chairman and Ranking
Minority Member of the Committee on the Budget and the Chairman
and Ranking Minority Member of the Committee which reported the
provision certify that: (A) the provision mitigates direct
effects clearly attributable to a provision changing outlays or
revenue and both provisions together produce a net reduction in
the deficit; (B) the provision will result in a substantial
reduction in outlays or a substantial increase in revenues
during fiscal years after the fiscal years covered by the
reconciliation bill or reconciliation resolution; (C) a
reduction of outlays or an increase in revenues is likely to
occur as a result of the provision, in the event of new
regulations authorized by the provision or likely to be
proposed, court rulings on pending litigation, or relationships
between economic indices and stipulated statutory triggers
pertaining to the provision, other than the regulations, court
rulings or relationships currently projected by the
Congressional Budget Office for scorekeeping purposes; or (D)
such provision will be likely to produce a significant
reduction in outlays or increase in revenues but, due to
insufficient data, such reduction or increase cannot be
reliably estimated.
(3) A provision reported by a committee shall not be
considered extraneous under paragraph (1)(C) if (A) the
provision is an integral part of a provision or title, which if
introduced as a bill or resolution would be referred to such
committee, and the provision sets forth the procedure to carry
out or implement the substantive provisions that were reported
and which fall within the jurisdiction of such committee; or
(B) the provision states an exception to, or a special
application of, the general provision or title of which it is a
part and such general provision or title if introduced as a
bill or resolution would be referred to such committee.
(c) Extraneous Materials.--Upon the reporting or discharge
of a reconciliation bill or resolution pursuant to section 310
in the Senate, and again upon the submission of a conference
report on such a reconciliation bill or resolution, the
Committee on the Budget of the Senate shall submit for the
record a list of material considered to be extraneous under
subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this section
to the instructions of a committee as provided in this section.
The inclusion or exclusion of a provision shall not constitute
a determination of extraneousness by the Presiding Officer of
the Senate.
(d) Conference Reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a reconciliation bill or reconciliation resolution
pursuant to section 310, upon--
(1) a point of order being made by any Senator
against extraneous material meeting the definition of
subsections (b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E),
or (b)(1)(F), and
(2) such point of order being sustained,
such material contained in such conference report or amendment
shall be deemed stricken, and the Senate shall proceed, without
intervening action or motion, to consider the question of
whether the Senate shall recede from its amendment and concur
with a further amendment, or concur in the House amendment with
a further amendment, as the case may be, which further
amendment shall consist of only that portion of the conference
report or House amendment, as the case may be, not so stricken.
Any such motion in the Senate shall be debatable for two hours.
In any case in which such point of order is sustained against a
conference report (or Senate amendment derived from such
conference report by operation of this subsection), no further
amendment shall be in order.
(e) General Point of Order.--Notwithstanding any other law
or rule of the Senate, it shall be in order for a Senator to
raise a single point of order that several provisions of a
bill, resolution, amendment, motion, or conference report
violate this section. The Presiding Officer may sustain the
point of order as to some or all of the provisions against
which the Senator raised the point of order. If the Presiding
Officer so sustains the point of order as to some of the
provisions (including provisions of an amendment, motion, or
conference report) against which the Senator raised the point
of order, then only those provisions (including provisions of
an amendment, motion, or conference report) against which the
Presiding Officer sustains the point of order shall be deemed
stricken pursuant to this section. Before the Presiding Officer
rules on such a point of order, any Senator may move to waive
such a point of order as it applies to some or all of the
provisions against which the point of order was raised. Such a
motion to waive is amendable in accordance with the rules and
precedents of the Senate. After the Presiding Officer rules on
such a point of order, any Senator may appeal the ruling of the
Presiding Officer on such a point of order as it applies to
some or all of the provisions on which the Presiding Officer
ruled.
Sec. 314. [2 U.S.C. 645] (a) Adjustments.--After the
reporting of a bill or joint resolution or the offering of an
amendment thereto or the submission of a conference report
thereon, the chairman of the Committee on the Budget of the
House of Representatives or the Senate may make appropriate
budgetary adjustments of new budget authority and the outlays
flowing therefrom in the same amount as required by section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
(b) Application of Adjustments.--The adjustments made
pursuant to subsection (a) for legislation shall--
(1) apply while that legislation is under
consideration;
(2) take effect upon the enactment of that
legislation; and
(3) be published in the Congressional Record as
soon as practicable.
(c) Reporting Revised Suballocations.--Following any
adjustment made under subsection (a), the Committees on
Appropriations of the Senate and the House of Representatives
may report appropriately revised suballocations under section
302(b) to carry out this section.
(d) Emergencies in the House of Representatives.--(1) In
the House of Representatives, if a reported bill or joint
resolution, or amendment thereto or conference report thereon,
contains a provision providing new budget authority and outlays
or reducing revenue, and a designation of such provision as an
emergency requirement pursuant to 251(b)(2)(A) \20\ of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
chair of the Committee on the Budget of the House of
Representatives shall not count the budgetary effects of such
provision for purposes of title III and title IV of the
Congressional Budget Act of 1974 and the Rules of the House of
Representatives.
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\20\ 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 reads as follows:
(A) Emergency appropriations; overseas contingency operations/
global war on terrorism.--If, for any fiscal year, appropriations for
discretionary accounts are enacted that--
(i) the Congress designates as emergency requirements in statute on
an account by account basis and the President subsequently so
designates, or
(ii) the Congress designates for Overseas Contingency Operations/
Global War on Terrorism in statute on an account by account basis and
the President subsequently so designates, the adjustment shall be the
total of such appropriations in discretionary accounts designated as
emergency requirements or for Overseas Contingency Operations/Global
War on Terrorism, as applicable. See page 88.
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(2)(A) In the House of Representatives, if a
reported bill or joint resolution, or amendment thereto
or conference report thereon, contains a provision
providing new budget authority and outlays or reducing
revenue, and a designation of such provision as an
emergency pursuant to paragraph (1), the chair of the
Committee on the Budget shall not count the budgetary
effects of such provision for purposes of this title
and title IV and the Rules of the House of
Representatives.
(B) In the House of Representatives, a
proposal to strike a designation under
subparagraph (A) shall be excluded from an
evaluation of budgetary effects for purposes of
this title and title IV and the Rules of the
House of Representatives.
(C) An amendment offered under subparagraph
(B) that also proposes to reduce each amount
appropriated or otherwise made available by the
pending measure that is not required to be
appropriated or otherwise made available shall
be in order at any point in the reading of the
pending measure.
(e) Senate Point of Order Against an Emergency
Designation.--
(1) In general.--When the Senate is considering a
bill, resolution, amendment, motion, amendment between
the Houses, or conference report, if a point of order
is made by a Senator against an emergency designation
in that measure, that provision making such a
designation shall be stricken from the measure and may
not be offered as an amendment from the floor.
(2) Supermajority waiver and appeals.--
(A) Waiver.--Paragraph (1) may be waived or
suspended in the Senate only by an affirmative
vote of three-fifths of the Members, duly
chosen and sworn.
(B) Appeals.--Appeals in the Senate from
the decisions of the Chair relating to any
provision of this subsection shall be limited
to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of
the bill or joint resolution, as the case may
be. An affirmative vote of threefifths of the
Members of the Senate, duly chosen and sworn,
shall be required to sustain an appeal of the
ruling of the Chair on a point of order raised
under this subsection.
(3) Definition of an emergency designation.--For
purposes of paragraph (1), a provision shall be
considered an emergency designation if it designates
any item pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of
1985.
(4) Form of the point of order.--A point of order
under paragraph (1) may be raised by a Senator as
provided in section 313(e) of the Congressional Budget
Act of 1974.
(5) Conference reports.--When the Senate is
considering a conference report on, or an amendment
between the Houses in relation to, a bill, upon a point
of order being made by any Senator pursuant to this
section, and such point of order being sustained, such
material contained in such conference report shall be
deemed stricken, and the Senate shall proceed to
consider the question of whether the Senate shall
recede from its amendment and concur with a further
amendment, or concur in the House amendment with a
further amendment, as the case may be, which further
amendment shall consist of only that portion of the
conference report or House amendment, as the case may
be, not so stricken. Any such motion in the Senate
shall be debatable. In any case in which such point of
order is sustained against a conference report (or
Senate amendment derived from such conference report by
operation of this subsection), no further amendment
shall be in order.
(f) Enforcement of Discretionary Spending Caps.--It shall
not be in order in the House of Representatives or the Senate
to consider any bill, joint resolution, amendment, motion, or
conference report that would cause the discretionary spending
limits as set forth in section 251 of the Balanced Budget and
Emergency Deficit Control Act to be exceeded.
effect of adoption of a special order of business in the house of
representatives
Sec. 315. [2 U.S.C. 645a] For purposes of a reported bill
or joint resolution considered in the House of Representatives
pursuant to a special order of business, the term ``as
reported'' in this title or title IV shall be considered to
refer to the text made in order as an original bill or joint
resolution for the purpose of amendment or to the text on which
the previous question is ordered directly to passage, as the
case may be.
Title IV--Additional Provisions to
Improve Fiscal Procedures
Part A--General Provisions
budget-related legislation not subject to appropriations
Sec. 401. [2 U.S.C. 651] (a) Controls on Certain Budget-
related Legislation Not Subject to Appropriations.--It shall
not be in order in either the House of Representatives or the
Senate to consider any bill or joint resolution (in the House
of Representatives only, as reported), amendment, motion, or
conference report that provides--
(1) new authority to enter into contracts under
which the United States is obligated to make outlays;
(2) new authority to incur indebtedness (other than
indebtedness incurred under chapter 31 of title 31 of
the United States Code) for the repayment of which the
United States is liable; or
(3) new credit authority;
unless that bill, joint resolution, amendment, motion, or
conference report also provides that the new authority is to be
effective for any fiscal year only to the extent or in the
amounts provided in advance in appropriation Acts.
(b) Legislation Providing New Entitlement Authority.--
(1) Point of order.--It shall not be in order in
either the House of Representatives or the Senate to
consider any bill or joint resolution (in the House of
Representatives only, as reported), amendment, motion,
or conference report that provides new entitlement
authority that is to become effective during the
current fiscal year. \21\
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\21\ In the House, section 401(b) was clarified by section 2(a)(2)
of H. Res. 5 (106th Congress) on January 6, 1999, to explain that
pending the adoption by the Congress of a concurrent resolution on the
budget for fiscal year 2000, a provision in a reported bill or joint
resolution, or in an amendment thereto or a conference report thereon,
that establishes a specified or minimum level of compensation to be
funded by annual discretionary appropriations should not be considered
as providing new entitlement authority within the meaning of the
Congressional Budget Act of 1974. This provision has been extended by
House Resolutions through the 112th Congress.
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(2) If any committee of the House of
Representatives or the Senate reports any bill or
resolution which provides new entitlement authority
which is to become effective during a fiscal year and
the amount of new budget authority which will be
required for such fiscal year if such bill or
resolution is enacted as so reported exceeds the
appropriate allocation of new budget authority reported
under section 302(b) \22\ in connection with the most
recently agreed to concurrent resolution on the budget
for such fiscal year, such bill or resolution shall
then be referred to the Committee on Appropriations of
the Senate or may then be referred to the Committee on
Appropriations of the House, as the case may be, with
instructions to report it, with the committee's
recommendations, within 15 calendar days (not counting
any day on which that House is not in session)
beginning with the day following the day on which it is
so referred. If the Committee on Appropriations of
either House fails to report a bill or resolution
referred to it under this paragraph within such 15-day
period, the committee shall automatically be discharged
from further consideration of such bill or resolution
and such bill or resolution shall be placed on the
appropriate calendar.
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\22\ So in law. The reference should be to ``section 302(a)''.
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(3) The Committee on Appropriations of each House
shall have jurisdiction to report any bill or
resolution referred to it under paragraph (2) with an
amendment which limits the total amount of new spending
authority provided in such bill or resolution.
(c) Exceptions.--
(1) Subsections (a) and (b) shall not apply to new
spending authority if the budget authority for outlays
which result from such new spending authority is
derived--
(A) from a trust fund established by the
Social Security Act (as in effect on the date
of the enactment of this Act); or
(B) from any other trust fund, 90 percent
or more of the receipts of which consist or
will consist of amounts (transferred from the
general fund of the Treasury) equivalent to
amounts of taxes (related to the purposes for
which such outlays are or will be made)
received in the Treasury under specified
provisions of the Internal Revenue Code of
1954.
(2) Subsections (a) and (b) shall not apply to new
authority described in those subsections to the extent
that--
(A) the outlays resulting therefrom are
made by an organization which is (i) a mixed-
ownership Government corporation (as defined in
section 201 of the Government Corporation
Control Act), or (ii) a wholly owned Government
corporation (as defined in section 101 of such
Act) which is specifically exempted by law from
compliance with any or all of the provisions of
that Act, as of the date of enactment of the
Balanced Budget and Emergency Deficit Control
Act of 1985; or
(B) the outlays resulting therefrom consist
exclusively of the proceeds of gifts or
bequests made to the United States for a
specific purpose.
analysis by congressional budget office
Sec. 402. \23\ [2 U.S.C. 653] The Director of the
Congressional Budget Office shall, to the extent practicable,
prepare for each bill or resolution of a public character
reported by any committee of the House of Representatives or
the Senate (except the Committee on Appropriations of each
House), and submit to such committee--
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\23\ See clause 3(c)(3) of Rule XIII of the Rules of the House of
Representatives on page 264.
The clause reads as follows:
``(3) An estimate and comparison prepared by the Director of the
Congressional Budget Office under section 402 of the Congressional
Budget Act of 1974 if timely submitted to the committee before the
filing of the report.''
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(1) an estimate of the costs which would be
incurred in carrying out such bill or resolution in the
fiscal year in which it is to become effective and in
each of the 4 fiscal years following such fiscal year,
together with the basis for each such estimate;
(2) a comparison of the estimates of costs
described in paragraph (1), with any available
estimates of costs made by such committee or by any
Federal agency; and
(3) a description of each method for establishing a
Federal financial commitment contained in such bill or
resolution.
The estimates, comparison, and description so submitted shall
be included in the report accompanying such bill or resolution
if timely submitted to such committee before such report is
filed.
jurisdiction of the appropriations committees
Sec. 403.\24\ (a) Amendment of House Rules.--
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\24\ Section 403 made amendments to the jurisdiction of the
Committees on Appropriations of the House of Representatives and the
Senate. These amendments have been omitted.
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* * * * * * *
(b) Amendment of Senate Rules.--
* * * * * * *
study by the general accounting office\25\ of forms of federal
financial commitment that are not reviewed annually by congress
Sec. 404. [2 U.S.C. 654] The General Accounting Office\25\
shall study those provisions of law which provide mandatory
spending and report to the Congress its recommendations for the
appropriate form of financing for activities or programs
financed by such provisions not later than eighteen months
after the effective date of this section. Such report shall be
revised from time to time.
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\25\ The ``General Accounting Office'' was renamed the ``Government
Accountability Office'' by the GAO Human Capital Reform Act of 2004
(Public Law 108-271, 118 Stat. 811, enacted July 7, 2004).
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off-budget agencies, programs, and activities
Sec. 405. [2 U.S.C. 655] (a) Notwithstanding any other
provision of law, budget authority, credit authority, and
estimates of outlays and receipts for activities of the Federal
budget which are off-budget immediately prior to the date of
enactment of this section, not including activities of the
Federal Old-Age and Survivors Insurance and Federal Disability
Insurance Trust Funds, shall be included in a budget submitted
pursuant to section 1105 of title 31, United States Code, and
in a concurrent resolution on the budget reported pursuant to
section 301 or section 304 of this Act and shall be considered,
for purposes of this Act, budget authority, outlays, and
spending authority in accordance with definitions set forth in
this Act.
(b) All receipts and disbursements of the Federal Financing
Bank with respect to any obligations which are issued, sold, or
guaranteed by a Federal agency shall be treated as a means of
financing such agency for purposes of section 1105 of title 31,
United States Code, and for purposes of this Act.
member user group
Sec. 406. [2 U.S.C. 656] The Speaker of the House of
Representatives, after consulting with the Minority Leader of
the House, may appoint a Member User Group for the purpose of
reviewing budgetary scorekeeping rules and practices of the
House and advising the Speaker from time to time on the effect
and impact of such rules and practices.
Part B--Federal Mandates \26\
SEC. 421. [2 U.S.C. 658] DEFINITIONS.
For purposes of this part:
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\26\ This part was added to title IV of the Congressional Budget
and Impoundment Control Act of 1974 by section 101(a)(2) of the
Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 109 Stat. 50).
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(1) Agency.--The term ``agency'' has the same
meaning as defined in section 551(1) of title 5, United
States Code, but does not include independent
regulatory agencies.
(2) Amount.--The term ``amount'', with respect to
an authorization of appropriations for Federal
financial assistance, means the amount of budget
authority for any Federal grant assistance program or
any Federal program providing loan guarantees or direct
loans.
(3) Direct costs.--The term ``direct costs''--
(A)(i) in the case of a Federal
intergovernmental mandate, means the aggregate
estimated amounts that all State, local, and
tribal governments would be required to spend
or would be prohibited from raising in revenues
in order to comply with the Federal
intergovernmental mandate; or
(ii) in the case of a provision referred to
in paragraph (5)(A)(ii), means the amount of
Federal financial assistance eliminated or
reduced;
(B) in the case of a Federal private sector
mandate, means the aggregate estimated amounts
that the private sector will be required to
spend in order to comply with the Federal
private sector mandate;
(C) shall be determined on the assumption
that--
(i) State, local, and tribal
governments, and the private sector
will take all reasonable steps
necessary to mitigate the costs
resulting from the Federal mandate, and
will comply with applicable standards
of practice and conduct established by
recognized professional or trade
associations; and
(ii) reasonable steps to mitigate
the costs shall not include increases
in State, local, or tribal taxes or
fees; and
(D) shall not include--
(i) estimated amounts that the
State, local, and tribal governments
(in the case of a Federal
intergovernmental mandate) or the
private sector (in the case of a
Federal private sector mandate) would
spend--
(I) to comply with or carry
out all applicable Federal,
State, local, and tribal laws
and regulations in effect at
the time of the adoption of the
Federal mandate for the same
activity as is affected by that
Federal mandate; or
(II) to comply with or
carry out State, local, and
tribal governmental programs,
or private-sector business or
other activities in effect at
the time of the adoption of the
Federal mandate for the same
activity as is affected by that
mandate; or
(ii) expenditures to the extent
that such expenditures will be offset
by any direct savings to the State,
local, and tribal governments, or by
the private sector, as a result of--
(I) compliance with the
Federal mandate; or
(II) other changes in
Federal law or regulation that
are enacted or adopted in the
same bill or joint resolution
or proposed or final Federal
regulation and that govern the
same activity as is affected by
the Federal mandate.
(4) Direct savings.--The term ``direct savings'',
when used with respect to the result of compliance with
the Federal mandate--
(A) in the case of a Federal
intergovernmental mandate, means the aggregate
estimated reduction in costs to any State,
local, or tribal government as a result of
compliance with the Federal intergovernmental
mandate; and
(B) in the case of a Federal private sector
mandate, means the aggregate estimated
reduction in costs to the private sector as a
result of compliance with the Federal private
sector mandate.
(5) Federal intergovernmental mandate.--The term
``Federal intergovernmental mandate'' means--
(A) any provision in legislation, statute,
or regulation that--
(i) would impose an enforceable
duty upon State, local, or tribal
governments, except--
(I) a condition of Federal
assistance; or
(II) a duty arising from
participation in a voluntary
Federal program, except as
provided in subparagraph (B);
or
(ii) would reduce or eliminate the
amount of authorization of
appropriations for--
(I) Federal financial
assistance that would be
provided to State, local, or
tribal governments for the
purpose of complying with any
such previously imposed duty
unless such duty is reduced or
eliminated by a corresponding
amount; or
(II) the control of borders
by the Federal Government; or
reimbursement to State, local,
or tribal governments for the
net cost associated with
illegal, deportable, and
excludable aliens, including
court-mandated expenses related
to emergency health care,
education or criminal justice;
when such a reduction or
elimination would result in
increased net costs to State,
local, or tribal governments in
providing education or
emergency health care to, or
incarceration of, illegal
aliens; except that this
subclause shall not be in
effect with respect to a State,
local, or tribal government, to
the extent that such government
has not fully cooperated in the
efforts of the Federal
Government to locate,
apprehend, and deport illegal
aliens;
(B) any provision in legislation, statute,
or regulation that relates to a then-existing
Federal program under which $500,000,000 or
more is provided annually to State, local, and
tribal governments under entitlement authority,
if the provision--
(i)(I) would increase the
stringency of conditions of assistance
to State, local, or tribal governments
under the program; or
(II) would place caps upon, or
otherwise decrease, the Federal
Government's responsibility to provide
funding to State, local, or tribal
governments under the program; and
(ii) the State, local, or tribal
governments that participate in the
Federal program lack authority under
that program to amend their financial
or programmatic responsibilities to
continue providing required services
that are affected by the legislation,
statute, or regulation.
(6) Federal mandate.--The term ``Federal mandate''
means a Federal intergovernmental mandate or a Federal
private sector mandate, as defined in paragraphs (5)
and (7).
(7) Federal private sector mandate.--The term
``Federal private sector mandate'' means any provision
in legislation, statute, or regulation that--
(A) would impose an enforceable duty upon
the private sector except--
(i) a condition of Federal
assistance; or
(ii) a duty arising from
participation in a voluntary Federal
program; or
(B) would reduce or eliminate the amount of
authorization of appropriations for Federal
financial assistance that will be provided to
the private sector for the purposes of ensuring
compliance with such duty.
(8) Local government.--The term ``local
government'' has the same meaning as defined in section
6501(6) of title 31, United States Code.
(9) Private sector.--The term ``private sector''
means all persons or entities in the United States,
including individuals, partnerships, associations,
corporations, and educational and nonprofit
institutions, but shall not include State, local, or
tribal governments.
(10) Regulation; rule.--The term ``regulation'' or
``rule'' (except with respect to a rule of either House
of the Congress) has the meaning of ``rule'' as defined
in section 601(2) of title 5, United States Code.
(11) Small government.--The term ``small
government'' means any small governmental jurisdictions
defined in section 601(5) of title 5, United States
Code, and any tribal government.
(12) State.--The term ``State'' has the same
meaning as defined in section 6501(9) of title 31,
United States Code.
(13) Tribal government.--The term ``tribal
government'' means any Indian tribe, band, nation, or
other organized group or community, including any
Alaska Native village or regional or village
corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act (85 Stat. 688;
43 U.S.C. 1601 et seq.) which is recognized as eligible
for the special programs and services provided by the
United States to Indians because of their special
status as Indians.
SEC. 422. [2 U.S.C. 658A] EXCLUSIONS.
This part shall not apply to any provision in a bill, joint
resolution, amendment, motion, or conference report before
Congress that--
(1) enforces constitutional rights of individuals;
(2) establishes or enforces any statutory rights
that prohibit discrimination on the basis of race,
color, religion, sex, national origin, age, handicap,
or disability;
(3) requires compliance with accounting and
auditing procedures with respect to grants or other
money or property provided by the Federal Government;
(4) provides for emergency assistance or relief at
the request of any State, local, or tribal government
or any official of a State, local, or tribal
government;
(5) is necessary for the national security or the
ratification or implementation of international treaty
obligations;
(6) the President designates as emergency
legislation and that the Congress so designates in
statute; or
(7) relates to the old-age, survivors, and
disability insurance program under title II of the
Social Security Act (including taxes imposed by
sections 3101(a) and 3111(a) of the Internal Revenue
Code of 1986 (relating to old-age, survivors, and
disability insurance)).
SEC. 423. [2 U.S.C. 658B] DUTIES OF CONGRESSIONAL COMMITTEES.
(a) In General.--When a committee of authorization of the
Senate or the House of Representatives reports a bill or joint
resolution of public character that includes any Federal
mandate, the report of the committee accompanying the bill or
joint resolution shall contain the information required by
subsections (c) and (d).
(b) Submission of Bills to the Director.--When a committee
of authorization of the Senate or the House of Representatives
orders reported a bill or joint resolution of a public
character, the committee shall promptly provide the bill or
joint resolution to the Director of the Congressional Budget
Office and shall identify to the Director any Federal mandates
contained in the bill or resolution.
(c) Reports on Federal Mandates.--Each report described
under subsection (a) shall contain--
(1) an identification and description of any
Federal mandates in the bill or joint resolution,
including the direct costs to State, local, and tribal
governments, and to the private sector, required to
comply with the Federal mandates;
(2) a qualitative, and if practicable, a
quantitative assessment of costs and benefits
anticipated from the Federal mandates (including the
effects on health and safety and the protection of the
natural environment); and
(3) a statement of the degree to which a Federal
mandate affects both the public and private sectors and
the extent to which Federal payment of public sector
costs or the modification or termination of the Federal
mandate as provided under section 425(a)(2) would
affect the competitive balance between State, local, or
tribal governments and the private sector including a
description of the actions, if any, taken by the
committee to avoid any adverse impact on the private
sector or the competitive balance between the public
sector and the private sector.
(d) Intergovernmental Mandates.--If any of the Federal
mandates in the bill or joint resolution are Federal
intergovernmental mandates, the report required under
subsection (a) shall also contain--
(1)(A) a statement of the amount, if any, of
increase or decrease in authorization of appropriations
under existing Federal financial assistance programs,
or of authorization of appropriations for new Federal
financial assistance, provided by the bill or joint
resolution and usable for activities of State, local,
or tribal governments subject to the Federal
intergovernmental mandates;
(B) a statement of whether the committee intends
that the Federal intergovernmental mandates be partly
or entirely unfunded, and if so, the reasons for that
intention; and
(C) if funded in whole or in part, a statement of
whether and how the committee has created a mechanism
to allocate the funding in a manner that is reasonably
consistent with the expected direct costs among and
between the respective levels of State, local, and
tribal government;
(2) any existing sources of Federal assistance in
addition to those identified in paragraph (1) that may
assist State, local, and tribal governments in meeting
the direct costs of the Federal intergovernmental
mandates; and
(3) if the bill or joint resolution would make the
reduction specified in section 421(5)(B)(i)(II), a
statement of how the committee specifically intends the
States to implement the reduction and to what extent
the legislation provides additional flexibility, if
any, to offset the reduction.
(e) Preemption Clarification and Information.--When a
committee of authorization of the Senate or the House of
Representatives reports a bill or joint resolution of public
character, the committee report accompanying the bill or joint
resolution shall contain, if relevant to the bill or joint
resolution, an explicit statement on the extent to which the
bill or joint resolution is intended to preempt any State,
local, or tribal law, and, if so, an explanation of the effect
of such preemption.
(f) Publication of Statement From the Director.--
(1) In general.--Upon receiving a statement from
the Director under section 424, a committee of the
Senate or the House of Representatives shall publish
the statement in the committee report accompanying the
bill or joint resolution to which the statement relates
if the statement is available at the time the report is
printed.
(2) Other publication of statement of director.--If
the statement is not published in the report, or if the
bill or joint resolution to which the statement relates
is expected to be considered by the Senate or the House
of Representatives before the report is published, the
committee shall cause the statement, or a summary
thereof, to be published in the Congressional Record in
advance of floor consideration of the bill or joint
resolution.
SEC. 424. [2 U.S.C. 658C] DUTIES OF THE DIRECTOR; STATEMENTS ON BILLS
AND JOINT RESOLUTIONS OTHER THAN APPROPRIATIONS
BILLS AND JOINT RESOLUTIONS.
(a) Federal Intergovernmental Mandates in Reported Bills
and Resolutions.--For each bill or joint resolution of a public
character reported by any committee of authorization of the
Senate or the House of Representatives, the Director of the
Congressional Budget Office shall prepare and submit to the
committee a statement as follows:
(1) Contents.--If the Director estimates that the
direct cost of all Federal intergovernmental mandates
in the bill or joint resolution will equal or exceed
$50,000,000 (adjusted annually for inflation) in the
fiscal year in which any Federal intergovernmental
mandate in the bill or joint resolution (or in any
necessary implementing regulation) would first be
effective or in any of the 4 fiscal years following
such fiscal year, the Director shall so state, specify
the estimate, and briefly explain the basis of the
estimate.
(2) Estimates.--Estimates required under paragraph
(1) shall include estimates (and brief explanations of
the basis of the estimates) of--
(A) the total amount of direct cost of
complying with the Federal intergovernmental
mandates in the bill or joint resolution;
(B) if the bill or resolution contains an
authorization of appropriations under section
425(a)(2)(B), the amount of new budget
authority for each fiscal year for a period not
to exceed 10 years beyond the effective date
necessary for the direct cost of the
intergovernmental mandate; and
(C) the amount, if any, of increase in
authorization of appropriations under existing
Federal financial assistance programs, or of
authorization of appropriations for new Federal
financial assistance, provided by the bill or
joint resolution and usable by State, local, or
tribal governments for activities subject to
the Federal intergovernmental mandates.
(3) Additional flexibility information.--The
Director shall include in the statement submitted under
this subsection, in the case of legislation that makes
changes as described in section 421(5)(B)(i)(II)--
(A) if no additional flexibility is
provided in the legislation, a description of
whether and how the States can offset the
reduction under existing law; or
(B) if additional flexibility is provided
in the legislation, whether the resulting
savings would offset the reductions in that
program assuming the States fully implement
that additional flexibility.
(4) Estimate not feasible.--If the Director
determines that it is not feasible to make a reasonable
estimate that would be required under paragraphs (1)
and (2), the Director shall not make the estimate, but
shall report in the statement that the reasonable
estimate cannot be made and shall include the reasons
for that determination in the statement. If such
determination is made by the Director, a point of order
under this part shall lie only under section 425(a)(1)
and as if the requirement of section 425(a)(1) had not
been met.
(b) Federal Private Sector Mandates in Reported Bills and
Joint Resolutions.--For each bill or joint resolution of a
public character reported by any committee of authorization of
the Senate or the House of Representatives, the Director of the
Congressional Budget Office shall prepare and submit to the
committee a statement as follows:
(1) Contents.--If the Director estimates that the
direct cost of all Federal private sector mandates in
the bill or joint resolution will equal or exceed
$100,000,000 (adjusted annually for inflation) in the
fiscal year in which any Federal private sector mandate
in the bill or joint resolution (or in any necessary
implementing regulation) would first be effective or in
any of the 4 fiscal years following such fiscal year,
the Director shall so state, specify the estimate, and
briefly explain the basis of the estimate.
(2) Estimates.--Estimates required under paragraph
(1) shall include estimates (and a brief explanation of
the basis of the estimates) of--
(A) the total amount of direct costs of
complying with the Federal private sector
mandates in the bill or joint resolution; and
(B) the amount, if any, of increase in
authorization of appropriations under existing
Federal financial assistance programs, or of
authorization of appropriations for new Federal
financial assistance, provided by the bill or
joint resolution usable by the private sector
for the activities subject to the Federal
private sector mandates.
(3) Estimate not feasible.--If the Director
determines that it is not feasible to make a reasonable
estimate that would be required under paragraphs (1)
and (2), the Director shall not make the estimate, but
shall report in the statement that the reasonable
estimate cannot be made and shall include the reasons
for that determination in the statement.
(c) Legislation Falling Below the Direct Costs
Thresholds.--If the Director estimates that the direct costs of
a Federal mandate will not equal or exceed the thresholds
specified in subsections (a) and (b), the Director shall so
state and shall briefly explain the basis of the estimate.
(d) Amended Bills and Joint Resolutions; Conference
Reports.--If a bill or joint resolution is passed in an amended
form (including if passed by one House as an amendment in the
nature of a substitute for the text of a bill or joint
resolution from the other House) or is reported by a committee
of conference in amended form, and the amended form contains a
Federal mandate not previously considered by either House or
which contains an increase in the direct cost of a previously
considered Federal mandate, then the committee of conference
shall ensure, to the greatest extent practicable, that the
Director shall prepare a statement as provided in this
subsection or a supplemental statement for the bill or joint
resolution in that amended form.
SEC. 425. [2 U.S.C. 658D] LEGISLATION SUBJECT TO POINT OF ORDER.\27\
(a) In General.--It shall not be in order in the Senate or
the House of Representatives to consider--
---------------------------------------------------------------------------
\27\ Clause 11(a) of Rule XVIII of the Rules of the House of
Representatives (112th Congress) provides for the enforcement of this
section. Such paragraph provides as follows:
``(a) In the Committee of the Whole on the state of the Union, an
amendment proposing only to strike an unfunded mandate from the portion
of the bill then open to amendment, if otherwise in order, may be
precluded from consideration only by specific terms of a special order
of the House.''
---------------------------------------------------------------------------
(1) any bill or joint resolution that is reported
by a committee unless the committee has published a
statement of the Director on the direct costs of
Federal mandates in accordance with section 423(f)
before such consideration, except this paragraph shall
not apply to any supplemental statement prepared by the
Director under section 424(d); and
(2) any bill, joint resolution, amendment, motion,
or conference report that would increase the direct
costs of Federal intergovernmental mandates by an
amount that causes the thresholds specified in section
424(a)(1) to be exceeded, unless--
(A) the bill, joint resolution, amendment,
motion, or conference report provides new
budget authority or new entitlement authority
in the House of Representatives or direct
spending authority in the Senate for each
fiscal year for such mandates included in the
bill, joint resolution, amendment, motion, or
conference report in an amount equal to or
exceeding the direct costs of such mandate; or
(B) the bill, joint resolution, amendment,
motion, or conference report includes an
authorization for appropriations in an amount
equal to or exceeding the direct costs of such
mandate, and--
(i) identifies a specific dollar
amount of the direct costs of such
mandate for each year up to 10 years
during which such mandate shall be in
effect under the bill, joint
resolution, amendment, motion or
conference report, and such estimate is
consistent with the estimate determined
under subsection (e) for each fiscal
year;
(ii) identifies any appropriation
bill that is expected to provide for
Federal funding of the direct cost
referred to under clause (i); and
(iii)(I) provides that for any
fiscal year the responsible Federal
agency shall determine whether there
are insufficient appropriations for
that fiscal year to provide for the
direct costs under clause (i) of such
mandate, and shall (no later than 30
days after the beginning of the fiscal
year) notify the appropriate
authorizing committees of Congress of
the determination and submit either--
(aa) a statement that the
agency has determined, based on
a re-estimate of the direct
costs of such mandate, after
consultation with State, local,
and tribal governments, that
the amount appropriated is
sufficient to pay for the
direct costs of such mandate;
or
(bb) legislative
recommendations for either
implementing a less costly
mandate or making such mandate
ineffective for the fiscal
year;
(II) provides for expedited
procedures for the consideration of the
statement or legislative
recommendations referred to in
subclause (I) by Congress no later than
30 days after the statement or
recommendations are submitted to
Congress; and
(III) provides that such mandate
shall--
(aa) in the case of a
statement referred to in
subclause (I)(aa), cease to be
effective 60 days after the
statement is submitted unless
Congress has approved the
agency's determination by joint
resolution during the 60-day
period;
(bb) cease to be effective
60 days after the date the
legislative recommendations of
the responsible Federal agency
are submitted to Congress under
subclause (I)(bb) unless
Congress provides otherwise by
law; or
(cc) in the case that such
mandate that has not yet taken
effect, continue not to be
effective unless Congress
provides otherwise by law.
(b) Rule of Construction.--The provisions of subsection
(a)(2)(B)(iii) shall not be construed to prohibit or otherwise
restrict a State, local, or tribal government from voluntarily
electing to remain subject to the original Federal
intergovernmental mandate, complying with the programmatic or
financial responsibilities of the original Federal
intergovernmental mandate and providing the funding necessary
consistent with the costs of Federal agency assistance,
monitoring, and enforcement.
(c) Committee on Appropriations.--
(1) Application.--The provisions of subsection
(a)--
(A) shall not apply to any bill or
resolution reported by the Committee on
Appropriations of the Senate or the House of
Representatives; except
(B) shall apply to--
(i) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained in
any bill or resolution reported by the
Committee on Appropriations of the
Senate or House of Representatives;
(ii) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained in
any amendment offered to a bill or
resolution reported by the Committee on
Appropriations of the Senate or House
of Representatives;
(iii) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate in a
conference report accompanying a bill
or resolution reported by the Committee
on Appropriations of the Senate or
House of Representatives; and
(iv) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained in
any amendments in disagreement between
the two Houses to any bill or
resolution reported by the Committee on
Appropriations of the Senate or House
of Representatives.
(2) Certain provisions stricken in senate.--Upon a
point of order being made by any Senator against any
provision listed in paragraph (1)(B), and the point of
order being sustained by the Chair, such specific
provision shall be deemed stricken from the bill,
resolution, amendment, amendment in disagreement, or
conference report and may not be offered as an
amendment from the floor.
(d) Determinations of Applicability to Pending
Legislation.--For purposes of this section, in the Senate, the
presiding officer of the Senate shall consult with the
Committee on Governmental Affairs, to the extent practicable,
on questions concerning the applicability of this part to a
pending bill, joint resolution, amendment, motion, or
conference report.
(e) Determinations of Federal Mandate Levels.--For purposes
of this section, in the Senate, the levels of Federal mandates
for a fiscal year shall be determined based on the estimates
made by the Committee on the Budget.
SEC. 426. [2 U.S.C. 658E] PROVISIONS RELATING TO THE HOUSE OF
REPRESENTATIVES.
(a) Enforcement in the House of Representatives.--It shall
not be in order in the House of Representatives to consider a
rule or order that waives the application of section 425.
(b) Disposition of Points of Order.--
(1) Application to the house of representatives.--
This subsection shall apply only to the House of
Representatives.
(2) Threshold burden.--In order to be cognizable by
the Chair, a point of order under section 425 or
subsection (a) of this section must specify the precise
language on which it is premised.
(3) Question of consideration.--As disposition of
points of order under section 425 or subsection (a) of
this section, the Chair shall put the question of
consideration with respect to the proposition that is
the subject of the points of order.
(4) Debate and intervening motions.--A question of
consideration under this section shall be debatable for
10 minutes by each Member initiating a point of order
and for 10 minutes by an opponent on each point of
order, but shall otherwise be decided without
intervening motion except one that the House adjourn or
that the Committee of the Whole rise, as the case may
be.
(5) Effect on amendment in order as original
text.--The disposition of the question of consideration
under this subsection with respect to a bill or joint
resolution shall be considered also to determine the
question of consideration under this subsection with
respect to an amendment made in order as original text.
SEC. 427. [2 U.S.C. 658F] REQUESTS TO THE CONGRESSIONAL BUDGET OFFICE
FROM SENATORS.
At the written request of a Senator, the Director shall, to
the extent practicable, prepare an estimate of the direct costs
of a Federal intergovernmental mandate contained in an
amendment of such Senator.
SEC. 428. [2 U.S.C. 658G] CLARIFICATION OF APPLICATION.
(a) In General.--This part applies to any bill, joint
resolution, amendment, motion, or conference report that
reauthorizes appropriations, or that amends existing
authorizations of appropriations, to carry out any statute, or
that otherwise amends any statute, only if enactment of the
bill, joint resolution, amendment, motion, or conference
report--
(1) would result in a net reduction in or
elimination of authorization of appropriations for
Federal financial assistance that would be provided to
State, local, or tribal governments for use for the
purpose of complying with any Federal intergovernmental
mandate, or to the private sector for use to comply
with any Federal private sector mandate, and would not
eliminate or reduce duties established by the Federal
mandate by a corresponding amount; or
(2) would result in a net increase in the aggregate
amount of direct costs of Federal intergovernmental
mandates or Federal private sector mandates other than
as described in paragraph (1).
(b) Direct Costs.--
(1) In general.--For purposes of this part, the
direct cost of the Federal mandates in a bill, joint
resolution, amendment, motion, or conference report
that reauthorizes appropriations, or that amends
existing authorizations of appropriations, to carry out
a statute, or that otherwise amends any statute, means
the net increase, resulting from enactment of the bill,
joint resolution, amendment, motion, or conference
report, in the amount described under paragraph (2)(A)
over the amount described under paragraph (2)(B).
(2) Amounts.--The amounts referred to under
paragraph (1) are--
(A) the aggregate amount of direct costs of
Federal mandates that would result under the
statute if the bill, joint resolution,
amendment, motion, or conference report is
enacted; and
(B) the aggregate amount of direct costs of
Federal mandates that would result under the
statute if the bill, joint resolution,
amendment, motion, or conference report were
not enacted.
(3) Extension of authorization of appropriations.--
For purposes of this section, in the case of
legislation to extend authorization of appropriations,
the authorization level that would be provided by the
extension shall be compared to the authorization level
for the last year in which authorization of
appropriations is already provided.
[FOR PART B OF TITLE IV, AS ADDED BY SECTION 101(A)(2) OF THE
UNFUNDED MANDATES REFORM ACT OF 1995 (P.L. 104-4;
109 STAT. 50), SEE APPENDIX.] deg.
Title V--Credit Reform
H4 deg.SEC. 500. SHORT TITLE.
This title may be cited as the ``Federal Credit Reform Act
of 1990''.
H4 deg.SEC. 501. [2 U.S.C. 661] PURPOSES.
The purposes of this title are to--
(1) measure more accurately the costs of Federal
credit programs;
(2) place the cost of credit programs on a
budgetary basis equivalent to other Federal spending;
(3) encourage the delivery of benefits in the form
most appropriate to the needs of beneficiaries; and
(4) improve the allocation of resources among
credit programs and between credit and other spending
programs.
H4 deg.SEC. 502. [2 U.S.C. 661A] DEFINITIONS.
For purposes of this title--
(1) The term ``direct loan'' means a disbursement
of funds by the Government to a non-Federal borrower
under a contract that requires the repayment of such
funds with or without interest. The term includes the
purchase of, or participation in, a loan made by
another lender and financing arrangements that defer
payment for more than 90 days, including the sale of a
government asset on credit terms. The term does not
include the acquisition of a federally guaranteed loan
in satisfaction of default claims or the price support
loans of the Commodity Credit Corporation.
(2) The term ``direct loan obligation'' means a
binding agreement by a Federal agency to make a direct
loan when specified conditions are fulfilled by the
borrower.
(3) The term ``loan guarantee'' means any
guarantee, insurance, or other pledge with respect to
the payment of all or a part of the principal or
interest on any debt obligation of a non-Federal
borrower to a non-Federal lender, but does not include
the insurance of deposits, shares, or other
withdrawable accounts in financial institutions.
(4) The term ``loan guarantee commitment'' means a
binding agreement by a Federal agency to make a loan
guarantee when specified conditions are fulfilled by
the borrower, the lender, or any other party to the
guarantee agreement.
(5)(A) The term ``cost'' means the estimated long-
term cost to the Government of a direct loan or loan
guarantee or modification thereof, calculated on a net
present value basis, excluding administrative costs and
any incidental effects on governmental receipts or
outlays.
(B) The cost of a direct loan shall be the
net present value, at the time when the direct
loan is disbursed, of the following estimated
cash flows:
(i) loan disbursements;
(ii) repayments of principal; and
(iii) payments of interest and
other payments by or to the Government
over the life of the loan after
adjusting for estimated defaults,
prepayments, fees, penalties, and other
recoveries;
including the effects of changes in loan terms
resulting from the exercise by the borrower of
an option included in the loan contract.
(C) The cost of a loan guarantee shall be
the net present value, at the time when the
guaranteed loan is disbursed, of the following
estimated cash flows:
(i) payments by the Government to
cover defaults and delinquencies,
interest subsidies, or other payments;
and
(ii) payments to the Government
including origination and other fees,
penalties and recoveries;
including the effects of changes in loan terms
resulting from the exercise by the guaranteed
lender of an option included in the loan
guarantee contract, or by the borrower of an
option included in the guaranteed loan
contract.
(D) The cost of a modification is the
difference between the current estimate of the
net present value of the remaining cash flows
under the terms of a direct loan or loan
guarantee contract, and the current estimate of
the net present value of the remaining cash
flows under the terms of the contract, as
modified.
(E) In estimating net present values, the
discount rate shall be the average interest
rate on marketable Treasury securities of
similar maturity to the cash flows of the
direct loan or loan guarantee for which the
estimate is being made.
(F) When funds are obligated for a direct
loan or loan guarantee, the estimated cost
shall be based on the current assumptions,
adjusted to incorporate the terms of the loan
contract, for the fiscal year in which the
funds are obligated.
(6) The term ``credit program account'' means the
budget account into which an appropriation to cover the
cost of a direct loan or loan guarantee program is made
and from which such cost is disbursed to the financing
account.
(7) The term ``financing account'' means the non-
budget account or accounts associated with each credit
program account which holds balances, receives the cost
payment from the credit program account, and also
includes all other cash flows to and from the
Government resulting from direct loan obligations or
loan guarantee commitments made on or after October 1,
1991.
(8) The term ``liquidating account'' means the
budget account that includes all cash flows to and from
the Government resulting from direct loan obligations
or loan guarantee commitments made prior to October 1,
1991. These accounts shall be shown in the budget on a
cash basis.
(9) The term ``modification'' means any Government
action that alters the estimated cost of an outstanding
direct loan (or direct loan obligation) or an
outstanding loan guarantee (or loan guarantee
commitment) from the current estimate of cash flows.
This includes the sale of loan assets, with or without
recourse, and the purchase of guaranteed loans. This
also includes any action resulting from new
legislation, or from the exercise of administrative
discretion under existing law, that directly or
indirectly alters the estimated cost of outstanding
direct loans (or direct loan obligations) or loan
guarantees (or loan guarantee commitments) such as a
change in collection procedures.
(10) The term ``current'' has the same meaning as
in section 250(c)(9) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(11) The term ``Director'' means the Director of
the Office of Management and Budget.
H4 deg.SEC. 503. [2 U.S.C. 661B] OMB AND CBO ANALYSIS,
COORDINATION, AND REVIEW.
(a) In General.--For the executive branch, the Director
shall be responsible for coordinating the estimates required by
this title. The Director shall consult with the agencies that
administer direct loan or loan guarantee programs.
(b) Delegation.--The Director may delegate to agencies
authority to make estimates of costs. The delegation of
authority shall be based upon written guidelines, regulations,
or criteria consistent with the definitions in this title.
(c) Coordination With the Congressional Budget Office.--In
developing estimation guidelines, regulations, or criteria to
be used by Federal agencies, the Director shall consult with
the Director of the Congressional Budget Office.
(d) Improving Cost Estimates.--The Director and the
Director of the Congressional Budget Office shall coordinate
the development of more accurate data on historical performance
of direct loan and loan guarantee programs. They shall annually
review the performance of outstanding direct loans and loan
guarantees to improve estimates of costs. The Office of
Management and Budget and the Congressional Budget Office shall
have access to all agency data that may facilitate the
development and improvement of estimates of costs.
(e) Historical Credit Program Costs.--The Director shall
review, to the extent possible, historical data and develop the
best possible estimates of adjustments that would convert
aggregate historical budget data to credit reform accounting.
(f) Administrative Costs.--The Director and the Director of
the Congressional Budget Office shall each analyze and report
to Congress on differences in long-term administrative costs
for credit programs versus grant programs by January 31, 1992.
Their reports shall recommend to Congress any changes, if
necessary, in the treatment of administrative costs under
credit reform accounting.
H4 deg.SEC. 504. [2 U.S.C. 661C] BUDGETARY TREATMENT.
(a) President's Budget.--Beginning with fiscal year 1992,
the President's budget shall reflect the costs of direct loan
and loan guarantee programs. The budget shall also include the
planned level of new direct loan obligations or loan guarantee
commitments associated with each appropriations request.
(b) Appropriations Required.--Notwithstanding any other
provision of law, new direct loan obligations may be incurred
and new loan guarantee commitments may be made for fiscal year
1992 and thereafter only to the extent that--
(1) new budget authority to cover their costs is
provided in advance in an appropriations Act;
(2) a limitation on the use of funds otherwise
available for the cost of a direct loan or loan
guarantee program has been provided in advance in an
appropriations Act; or
(3) authority is otherwise provided in
appropriation Acts.
(c) Exemption for Mandatory Programs.--Subsections (b) and
(e) shall not apply to a direct loan or loan guarantee program
that--
(1) constitutes an entitlement (such as the
guaranteed student loan program or the veterans' home
loan guaranty program); or
(2) all existing credit programs of the Commodity
Credit Corporation on the date of enactment of this
title.
(d) Budget Accounting.--
(1) The authority to incur new direct loan
obligations, make new loan guarantee commitments, or
modify outstanding direct loans (or direct loan
obligations) or loan guarantees (or loan guarantee
commitments) shall constitute new budget authority in
an amount equal to the cost of the direct loan or loan
guarantee in the fiscal year in which definite
authority becomes available or indefinite authority is
used. Such budget authority shall constitute an
obligation of the credit program account to pay to the
financing account.
(2) The outlays resulting from new budget authority
for the cost of direct loans or loan guarantees
described in paragraph (1) shall be paid from the
credit program account into the financing account and
recorded in the fiscal year in which the direct loan or
the guaranteed loan is disbursed or its costs altered.
(3) All collections and payments of the financing
accounts shall be a means of financing.
(e) Modifications.--An outstanding direct loan (or direct
loan obligation) or loan guarantee (or loan guarantee
commitment) shall not be modified in a manner that increases
its costs unless budget authority for the additional cost has
been provided in advance in an appropriations Act.
(f) Reestimates.--When the estimated cost for a group of
direct loans or loan guarantees for a given credit program made
in a single fiscal year is reestimated in a subsequent year,
the difference between the reestimated cost and the previous
cost estimate shall be displayed as a distinct and separately
identified subaccount in the credit program account as a change
in program costs and a change in net interest. There is hereby
provided permanent indefinite authority for these reestimates.
(g) Administrative Expenses.--All funding for an agency's
administration of a direct loan or loan guarantee program shall
be displayed as distinct and separately identified subaccounts
within the same budget account as the program's cost.
H4 deg.SEC. 505. [2 U.S.C. 661D] AUTHORIZATIONS.
(a) Authorization of Appropriations for Costs.--There are
authorized to be appropriated to each Federal agency authorized
to make direct loan obligations or loan guarantee commitments,
such sums as may be necessary to pay the cost associated with
such direct loan obligations or loan guarantee commitments.
(b) Authorization for Financing Accounts.--In order to
implement the accounting required by this title, the President
is authorized to establish such non-budgetary accounts as may
be appropriate.
(c) Treasury Transactions With the Financing Accounts.--The
Secretary of the Treasury shall borrow from, receive from, lend
to, or pay to the financing accounts such amounts as may be
appropriate. The Secretary of the Treasury may prescribe forms
and denominations, maturities, and terms and conditions for the
transactions described above, except that the rate of interest
charged by the Secretary on lending to financing accounts
(including amounts treated as lending to financing accounts by
the Federal Financing Bank (hereinafter in this subsection
referred to as the ``Bank'') pursuant to section 406(b) \28\)
and the rate of interest paid to financing accounts on
uninvested balances in financing accounts shall be the same as
the rate determined pursuant to section 502(5)(E). For
guaranteed loans financed by the Bank and treated as direct
loans by a Federal agency pursuant to section 406(b),\28\ any
fee or interest surcharge (the amount by which the interest
rate charged exceeds the rate determined pursuant to section
502(5)(E)) that the Bank charges to a private borrower pursuant
to section 6(c) of the Federal Financing Bank Act of 1973 shall
be considered a cash flow to the Government for the purposes of
determining the cost of the direct loan pursuant to section
502(5). All such amounts shall be credited to the appropriate
financing account. The Bank is authorized to require
reimbursement from a Federal agency to cover the administrative
expenses of the Bank that are attributable to the direct loans
financed for that agency. All such payments by an agency shall
be considered administrative expenses subject to section
504(g). This subsection shall apply to transactions related to
direct loan obligations or loan guarantee commitments made on
or after October 1, 1991. The authorities described above shall
not be construed to supersede or override the authority of the
head of a Federal agency to administer and operate a direct
loan or loan guarantee program. All of the transactions
provided in this subsection shall be subject to the provisions
of subchapter II of chapter 15 of title 31, United States Code.
Cash balances of the financing accounts in excess of current
requirements shall be maintained in a form of uninvested funds
and the Secretary of the Treasury shall pay interest on these
funds.
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\28\ So in law. Should read ``section 405(b)''.
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(d) Authorization for Liquidating Accounts.--(1) Amounts in
liquidating accounts shall be available only for payments
resulting from direct loan obligations or loan guarantee
commitments made prior to October 1, 1991, for--
(A) interest payments and principal
repayments to the Treasury or the Federal
Financing Bank for amounts borrowed;
(B) disbursements of loans;
(C) default and other guarantee claim
payments;
(D) interest supplement payments;
(E) payments for the costs of foreclosing,
managing, and selling collateral that are
capitalized or routinely deducted from the
proceeds of sales;
(F) payments to financing accounts when
required for modifications;
(G) administrative expenses, if--
(i) amounts credited to the
liquidating account would have been
available for administrative expenses
under a provision of law in effect
prior to October 1, 1991; and
(ii) no direct loan obligation or
loan guarantee commitment has been
made, or any modification of a direct
loan or loan guarantee has been made,
since September 30, 1991; or
(H) such other payments as are necessary
for the liquidation of such direct loan
obligations and loan guarantee commitments.
(2) Amounts credited to liquidating accounts in any
year shall be available only for payments required in
that year. Any unobligated balances in liquidating
accounts at the end of a fiscal year shall be
transferred to miscellaneous receipts as soon as
practicable after the end of the fiscal year.
(3) If funds in liquidating accounts are
insufficient to satisfy obligations and commitments of
such accounts, there is hereby provided permanent,
indefinite authority to make any payments required to
be made on such obligations and commitments.
(e) Authorization of Appropriations for Implementation
Expenses.--There are authorized to be appropriated to existing
accounts such sums as may be necessary for salaries and
expenses to carry out the responsibilities under this title.
(f) Reinsurance.--Nothing in this title shall be construed
as authorizing or requiring the purchase of insurance or
reinsurance on a direct loan or loan guarantee from private
insurers. If any such reinsurance for a direct loan or loan
guarantee is authorized, the cost of such insurance and any
recoveries to the Government shall be included in the
calculation of the cost.
(g) Eligibility and Assistance.--Nothing in this title
shall be construed to change the authority or the
responsibility of a Federal agency to determine the terms and
conditions of eligibility for, or the amount of assistance
provided by a direct loan or a loan guarantee.
SEC. 506. [2 U.S.C. 661E] TREATMENT OF DEPOSIT INSURANCE AND AGENCIES
AND OTHER INSURANCE PROGRAMS.
(a) In General.--This title shall not apply to the credit
or insurance activities of the Federal Deposit Insurance
Corporation, National Credit Union Administration, Resolution
Trust Corporation, Pension Benefit Guaranty Corporation,
National Flood Insurance, National Insurance Development Fund,
Crop Insurance, or Tennessee Valley Authority.
(b) Study.--The Director and the Director of the
Congressional Budget Office shall each study whether the
accounting for Federal deposit insurance programs should be on
a cash basis on the same basis as loan guarantees, or on a
different basis. Each Director shall report findings and
recommendations to the President and the Congress on or before
May 31, 1991.
(c) Access to Data.--For the purposes of subsection (b),
the Office of Management and Budget and the Congressional
Budget Office shall have access to all agency data that may
facilitate these studies.
H4 deg.SEC. 507. [2 U.S.C. 661F] EFFECT ON OTHER LAWS.
(a) Effect on Other Laws.--This title shall supersede,
modify, or repeal any provision of law enacted prior to the
date of enactment of this title to the extent such provision is
inconsistent with this title. Nothing in this title shall be
construed to establish a credit limitation on any Federal loan
or loan guarantee program.
(b) Crediting of Collections.--Collections resulting from
direct loans obligated or loan guarantees committed prior to
October 1, 1991, shall be credited to the liquidating accounts
of Federal agencies. Amounts so credited shall be available, to
the same extent that they were available prior to the date of
enactment of this title, to liquidate obligations arising from
such direct loans obligated or loan guarantees committed prior
to October 1, 1991, including repayment of any obligations held
by the Secretary of the Treasury or the Federal Financing Bank.
The unobligated balances of such accounts that are in excess of
current needs shall be transferred to the general fund of the
Treasury. Such transfers shall be made from time to time but,
at least once each year.
Title VI--Amendments to Budget and
Accounting Act of 1921
[The Balanced Budget Act of 1997, sec. 10118(a) \29\ (H.R.
2015 (105th Congress); Public Law 105--33; 111 Stat. 695)
repealed Title VI of the Congressional Act of 1974.]
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\29\ The Balanced Budget Act of 1997 (Public Law 105-33) repealed
title VI of the Congressional Budget Act of 1974. That title provided
for changes in Congressional budget procedures that were expected to
last only for the duration of previous budget agreements. Title VI
temporarily extended the coverage and enforcement of budget resolutions
from three to five fiscal years. It also provided for adjustments in
the budget resolution for such factors as emergencies, estimating
differences, and tax compliance.
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Title VII--Program Review and Evaluation
review and evaluation of standing committees
Sec. 701. Section 136(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C 190d) is amended by adding at the end
thereof the following new sentences: ``Such committees may
carry out the required analysis, appraisal, and evaluation
themselves or by contract, or may require a Government agency
to do so and furnish a report thereon to the Congress. Such
committees may rely on such techniques as pilot testing,
analysis of costs in comparison with benefits, or provisions
for evaluation after a defined period of time.
review and evaluation by the comptroller general
Sec. 702.\30\
[This section was repealed by Public Law 97-258 and the
repealed text is set out in the footnote below.]
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\30\ This section was repealed by Public Law 97-258: That section
read as follows:
Sec. 702. (a) Section 204 of the Legislative Reorganization Act of
1970 [31 U.S.C. 1154] is amended to read as follows:
``REVIEW AND EVALUATION
``Sec. 204. (a) The Comptroller General shall review and evaluate
the results of Government programs and activities carried on under
existing law when ordered by either House of Congress or upon his own
initiative, or when requested by any committee of the House of
Representatives or the Senate, or any joint committee of the two
Houses, having jurisdiction over such programs and activities.
``(b) The Comptroller General, upon request of any committee of
either House of Congress or any joint committee of the two Houses
shall--
``(1) assist such committee or joint committee in developing a
statement of legislative objectives and goals and methods for assessing
and reporting actual program performance in relation to such
legislative objectives and goals. Such statements shall include, but
are not limited to, recommendations as to methods of assessment,
information to be reported, responsibility for reporting, frequency of
reports, and feasibility of pilot testing; and
``(2) assist such committee or joint committee in analyzing in
assessing program reviews or evaluation studies prepared by and for any
Federal agency.
``Upon the request of any Member of either House, the Comptroller
General shall furnish to such Member a copy of any such statement other
material compiled in carrying out paragraph (1) or (2) which has been
released by the committee or joint committee for which it was compiled.
``(c) The Comptroller General shall develop and recommend to the
Congress methods for review and evaluation of Government programs and
activities carried under existing laws.
``(d) In carrying out his responsibilities under this section the
Comptroller General is authorized to establish an Office of Program
Review and Evaluation within the General Accounting Office.
``(e) The Comptroller General shall include in his annual report to
the Congress a review of activities under this section, including his
recommendations of methods for review and evaluation of Government
programs and activities under subsection (c).''
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continuing study of additional budget reform proposals
Sec. 703. [2 U.S.C. 623] (a) The Committees on the Budget
of the House of Representatives and the Senate shall study on a
continuing basis proposals designed to improve and facilitate
methods of congressional budgetmaking. The proposals to be
studied shall include, but are not limited to, proposals for--
(1) improving the information base required for
determining the effectiveness of new programs by such
means as pilot testing, survey research, and other
experimental and analytical techniques;
(2) improving analytical and systematic evaluation
of the effectiveness of existing programs;
(3) establishing maximum and minimum time
limitations for program authorization; and
(4) developing techniques of human resource
accounting and other means of providing noneconomic as
well as economic evaluation measures.
(b) The Committee on the Budget of each House shall, from
time to time, report to its House the results of the study
carried on by it under subsection (a), together with its
recommendations.
(c) Nothing in this section shall preclude studies to
improve the budgetary process by any other committee of the
House of Representatives or the Senate or any joint committee
of the Congress.
Title VIII--Fiscal and Budgetary
Information and Controls \31\
amendment to legislative reorganization act of 1970
Sec. 801.
[This section was repealed by Public Law 97-258.]
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\31\ Public Law 97-258, (Title: A bill to revise, codify, and enact
without substantive change certain general and permanent laws, related
to money and finance, as title 31, United States Code, ``Money and
Finance''; September 13, 1982), repealed section 801 and section 801 of
Title VIII. Sections 801 and 802 were codified in sections 1104, 1112,
and 1113 of title 31 of the United States Code.
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changes in functional categories
Sec. 802.
[This section was repealed by Public Law 97-258.]
Title IX--Miscellaneous Provisions;
Effective Dates
amendments to the rules of the house\32\
Sec. 901. (a) Rule XI of the Rules of the House of
Representatives (as amended by section 101(c) of this Act) is
amended by inserting immediately after clause 22 the following
new clause:
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\32\ The Rules of the House of Representatives were recodified by
H. Res. 5, adopted by the 106th Congress on January 6, 1999.
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``22A. The respective areas of legislative jurisdiction
under this rule are modified by title I of the Congressional
Budget Act of 1974.''
(b) Paragraph (c) of clause 29 of Rule XI of the Rules of
the House of Representatives (as redesignated by section 101(c)
of this Act) is amended by inserting ``the Committee on the
Budget,'' immediately after ``the Committee on
Appropriations,''.
(c) Subparagraph (5) of paragraph (a) of clause 30 of Rule
XI of the Rules of the House of Representatives (as so
redesignated) is amended by inserting ``and the Committee on
the Budget'' immediately before the period of the end thereof.
(d) Subparagraph (4) of paragraph (a) of clause 30 of Rule
XI of the Rules of the House of Representatives (as so
redesignated) is amended by inserting ``and the Committee on
the Budget'' immediately before the period at end hereof.
(e) Paragraph (d) of clause 30 of Rule XI of the Rules of
the House of Representatives (as so redesignated) is amended by
striking out ``the Committee on Appropriations may appoint''
and inserting in lieu thereof ``the Committee on Appropriations
and the Committee on the Budget may each appoint''.
(f) Clause 32 of Rule XI of the Rules of the House of
Representatives (as so redesignated) is amended by inserting
``the Committee on the Budget,'' immediately after ``the
Committee on the Appropriations,''.
(g) Paragraph (a) of clause 33 of Rule XI of the Rules of
the House of Representatives (as so redesignated) is amended by
inserting ``the Committee on the Budget,'' immediately after
``the Committee on the Appropriations,''.
conforming amendments to standing rules of the senate
Sec. 902.\33\ Paragraph 1 of rule XXV of the Standing Rules
of the Senate is amended--
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\33\ See the Standing Rules of the United States Senate. These
rules have been modified since the enactment of this section.
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(1) by striking out ``Revenue'' in subparagraph
(h)1 and inserting in lieu thereof ``Except as provided
in the Congressional Budget Act of 1974, revenue'';
(2) by striking out ``The'' in subparagraph (h)(2)
and inserting in lieu thereof ``Except as provided in
the Congressional Budget Act of 1974, the''; and
(3) by striking out ``Budget'' in subparagraph
(j)(1)(A) and inserting in lieu thereof ``Except as
provided in the Congressional Budget Act of 1974,
budget''.
amendments to legislative reorganization act of 1946
Sec. 903. (a) Section 134(c) of the Legislative
Reorganization Act of 1946 (2. U.S.C. 190b(b) \34\ is amended
by inserting ``or the Committee on the Budget'' after
``Appropriations''.
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\34\ S. Res. 274, 96th Congress, 1st Session, Section 2(a), 125
Congressional Record, S16,588, S16,602 (daily edition, November 14,
1979), repealed 2 U.S.C. 190b.
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(b) Section 136(c) of such Act (2 U.S.C. 190d(c) \35\ is
amended by striking out ``Committee on Appropriations of the
Senate and the Committee on Appropriations,'' and inserting in
lieu thereof ``Committee Appropriations and the Budget of the
Senate and the Committees on Appropriations, the Budget,''.
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\35\ S. Res. 274, 96th Congress, 1st Session, Section 2(a), 125
Congressional Record, S16,588, S16,602 (November 14, 1979), repealed 2
U.S.C. 190d insofar as it related to the Senate. There exception for
the Budget Committee that section 903(b) created to the requirement of
all committees to submit biennial reports of their activities survives
in Rule XXVI(8) of the Standing Rules of the Senate.
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exercise of rulemaking powers
Sec. 904. [2 U.S.C. 621 note] (a) The provisions of this
title and of titles I, III, IV, and V and the provisions of
sections 701, 703, and 1017 are enacted by the Congress--
(1) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they shall be considered as part of the
rules of each House, respectively, or of that House to
which they specifically apply, and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the constitutional
right of either House to change such rules (so far as
relating to such House) at any time, in the same
manner, and to the same extent as in the case of any
other rule of such House.
(b) Any provision of title III or IV may be waived or
suspended in the Senate by a majority vote of the Members
voting, a quorum being present, or by the unanimous consent of
the Senate.
(c) Waivers.--
(1) Permanent.--Sections 305(b)(2), 305(c)(4), 306,
310(d)(2), 313, 904(c), and 904(d) of this Act may be
waived or suspended in the Senate only by the
affirmative vote of three-fifths of the Members, duly
chosen and sworn.
(2) Temporary.--Sections 301(i), 302(c), 302(f),
310(g), 311(a), 312(b), 312(c), and 314(e) of this Act
and sections 258(a)(4)(C), 258A(b)(3)(C)(I) \36\,
258B(f)(1), 258B(h)(1), 258(h)(3) \37\, 258C(a)(5), and
258C(b)(1) of the Balanced Budget and Emergency Deficit
Control Act of 1985 may be waived or suspended in the
Senate only by the affirmative vote of three-fifths of
the Members, duly chosen and sworn.
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\36\ So in law. Should read ``258A(b)(3)(C)(i)''.
\37\ So in law. Should read ``258B(h)(3)''.
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(d) Appeals.--
(1) Procedure.--Appeals in the Senate from the
decisions of the Chair relating to any provision of
title III or IV or section 1017 shall, except as
otherwise provided therein, be limited to 1 hour, to be
equally divided between, and controlled by, the mover
and the manager of the resolution, concurrent
resolution, reconciliation bill, or rescission bill, as
the case may be.
(2) Permanent.--An affirmative vote of three-fifths
of the Members, duly chosen and sworn, shall be
required in the Senate to sustain an appeal of the
ruling of the Chair on a point of order raised under
sections 305(b)(2), 305(c)(4), 306, 310(d)(2), 313,
904(c), and 904(d) of this Act.
(3) Temporary.--An affirmative vote of three-fifths
of the Members, duly chosen and sworn, shall be
required in the Senate to sustain an appeal of the
ruling of the Chair on a point of order raised under
sections 301(i), 302(c), 302(f), 310(g), 311(a),
312(b), and 312(c) of this Act and sections
258(a)(4)(C), 258A(b)(3)(C)(I), 258B(f)(1), 258B(h)(1),
258(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(e) Expiration of Certain Supermajority Voting
Requirements.--Subsections (c)(2) and (d)(3) shall expire on
September 30, 2007.\38\
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\38\ Sect. 205 of S. Con. Res. 21 (109th Congress) extended the
three-fifths vote enforcement requirements until September 30, 2017.
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effective dates\39\
Sec. 905. (a) Except as provided in this section, the
provisions of this Act shall take effect on the date of its
enactment.
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\39\ The Balanced Budget Act of 1997 (105th Congress) repealed this
section of the Congressional Budget and Impoundment Control Act of 1974
(Public Law 93-344).
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(b) Title II (except section 201(a), section 403, and
section 502(c) shall take effect on the day on which the first
Director of the Congressional Budget Office is appointed under
201(a).
(c) Except as provided in section 906, title III and
section 402 shall apply with respect to the fiscal year
beginning on October 1, 1976, and succeeding fiscal years, and
section 401 shall take effect on the first day of the second
regular session of the Ninety-fourth Congress.
(d) The amendments to the Budget and Accounting Act, 1921,
made by sections 601, 603, and 604 shall apply with respect to
the fiscal year beginning on July 1, 1975, and succeeding
fiscal years, except that section 201(g) of such Act (as added
by section 601) shall apply with respect to the fiscal year
beginning on October 1, 1976, and succeeding fiscal years and
section 201(i) of such Act (as added by section 601) shall
apply with respect to the fiscal year beginning on October 1,
1978, and succeeding years. The amendment to such Act made by
section 602 shall apply with respect to the fiscal year
beginning on October 1, 1976, and succeeding fiscal years.
Title X--Impoundment Control
Part A--General Provisions
disclaimer
Sec. 1001. [2 U.S.C. 681] Nothing contained in this Act, or
in any amendments made by this Act, shall be construed as--
(1) asserting or conceding the constitutional
powers or limitations of either the Congress or the
President;
(2) ratifying or approving any impoundment
heretofore or hereafter executed or approved by the
President or any other Federal officer or employee,
except insofar as pursuant to statutory authorization
then in effect;
(3) affecting in any way the claims or defenses of
any party to litigation concerning any impoundment; or
(4) superseding any provision of law which requires
the obligation of budget authority or the making of
outlays thereunder.
amendment to antideficiency act
Sec. 1002.\40\
[Repealed by Public Law 97-258.]
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\40\ This section was deleted by Public Law 97-258, (Title: A bill
to revise, codify, and enact without substantive change certain general
and permanent laws, related to money and finance, as title 31, United
States Code, ``Money and Finance''; September 13, 1982). This section
was codified in section 1512 of Title 31 of the United States Code.
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repeal of existing impoundment reporting provision
Sec. 1003.\41\
[Repealed by Public Law 97-258.]
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\41\ This section was deleted by Public Law 97-258, (Title: A bill
to revise, codify, and enact without substantive change certain general
and permanent laws, related to money and finance, as title 31, United
States Code, ``Money and Finance''; September 13, 1982). This section
was codified in section 1512 of Title 31 of the United States Code.
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Part B--Congressional Consideration of Proposed Rescissions,
Reservations, and Deferrals of Budget Authority
definitions
Sec. 1011. [2 U.S.C. 682] For purposes of this part--
(1) ``deferral of budget authority'' includes--
(A) withholding or delaying the obligations
or expenditure of budget authority (whether by
establishing reserves or otherwise) provided
for projects or activities; or
(B) any other type of Executive action or
inaction which effectively precludes the
obligation or expenditure of budget authority,
including authority to obligate by contract in
advance of appropriations as specifically
authorized by law;
(2) ``Comptroller General'' means the Comptroller
General of the United States;
(3) ``rescission bill'' means a bill or joint
resolution which only recinds in whole or in part,
budget authority proposed to be rescinded in a special
message transmitted by the President under section
1012, and upon which the Congress completes action
before the end of the first period of 45 calendar days
of continuous session of the Congress after the date on
which the President's message is received by the
Congress;
(4) ``impoundment resolution'' means a resolution
of the House of Representatives or the Senate which
only expresses its disapproval of a proposed deferral
of budget authority set forth in a special message
transmitted by the President under section 1013; and
(5) continuity of a session of the Congress shall
be considered as broken only by an adjournment of the
Congress sine die, and the days on which either House
is not in session because of an adjournment of more
than 3 days to a day certain shall be excluded in the
computation of the 45-day period referred to in
paragraph (3) of this section and in section 1012, and
the 25-day periods referred to in sections 1016 and
1017(b)(1). If a special message is transmitted under
section 1012 during any Congress and the last session
of such Congress adjourns sine die before the
expiration of 45 calendar days of continuous session
(or a special message is so transmitted after the last
session of the Congress adjourns sine die), the message
shall be deemed to have been retransmitted on the first
day of the succeeding Congress and the 45-day period
referred to in paragraph (3) of this section and
section 1012 (with respect to such message) shall
commence on the day after such first day.
rescission of budget authority
Sec. 1012. [2 U.S.C. 683] (a) Transmittal of Special
Message.--Whenever the President determines that all or part of
any budget authority will not be required to carry out the full
objectives or scope of programs for which it is provided or
that such budget authority should be rescinded for fiscal
policy or other reasons (including the determination of
authorized projects or activities for which budget authority
has been provided), or whenever all or part of budget authority
provided for only one fiscal year is to be reserved from
obligation for such fiscal year, the President shall transmit
to both Houses of Congress a special message specifying--
(1) the amount of budget authority which he
proposes to be rescinded or which is to be so reserved;
(2) any account, department, or establishment of
the Government to which such budget authority is
available for obligation, and the specific project or
governmental functions involved;
(3) the reasons why the budget authority should be
rescinded or is to be so reserved;
(4) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect of the
proposed rescission or of the reservation; and
(5) all facts, circumstances, and considerations
relating to or bearing upon the proposed rescission or
the reservation and the decision to effect the proposed
rescission or the reservation, and to the maximum
extent practicable, the estimated effect of the
proposed rescission or the reservation upon the
objects, purposes, and programs for which the budget
authority is provided.
(b) Requirement To Make Available for Obligation.--Any
amount of budget authority proposed to be rescinded or that is
to be reserved as set forth in such special message shall be
made available for obligation unless, within the prescribed 45-
day period, the Congress has completed action on a rescission
bill rescinding all or part of the amount proposed to be
rescinded or that is to be reserved. Funds made available for
obligation under this procedure may not be proposed for
rescission again.
proposed deferrals of budget authority
Sec. 1013. [2 U.S.C. 684] (a) Transmittal of Special
Message.--Whenever the President, the Director of the Office of
Management and Budget, the head of any department or agency of
the United States, or any officer or employee of the United
States proposes to defer any budget authority provided for a
specific purpose or project, the President shall transmit to
the House of Representatives and the Senate a special message
specifying--
(1) the amount of the budget authority proposed to
be deferred;
(2) any account, department, or establishment of
the Government to which such budget authority is
available for obligation, and the specific project or
governmental functions involved;
(3) the period of time during which the budget
authority is proposed to be deferred;
(4) the reasons for the proposed deferral,
including any legal authority invoked to justify the
proposed deferral;
(5) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect of the
proposed deferral; and
(6) all facts, circumstances, and considerations
relating to or bearing upon the proposed deferral and
the decision to effect the proposed deferral, including
an analysis of such facts, circumstances, and
considerations in terms of their application to any
legal authority, including specific elements of legal
authority, invoked to justify such proposed deferral,
and to the maximum extent practicable, the estimated
effect of the proposed deferral upon the objects,
purposes, and programs for which the budget authority
is provided.
A special message may include one or more proposed deferrals of
budget authority. A deferral may not be proposed for any period
of time extending beyond the end of the fiscal year in which
the special message proposing the deferral is transmitted to
the House and the Senate.
(b) Consistency With Legislative Policy.--Deferrals shall
be permissible only--
(1) to provide for contingencies;
(2) to achieve savings made possible by or through
changes in requirements or greater efficiency of
operations; or
(3) as specifically provided by law.
No officer or employee of the United States may defer any
budget authority for any other purpose.
(c) Exception.--The provisions of this section do not apply
to any budget authority proposed to be rescinded or that is to
be reserved as set forth in a special message required to be
transmitted under section 1012.
transmission of messages; publication
Sec. 1014. [2 U.S.C. 685] (a) Delivery to House and
Senate.--Each special message transmitted under section 1012 or
1013 shall be transmitted to the House of Representatives and
the Senate on the same day, and shall be delivered to the Clerk
of the House of Representatives if the House is not in session,
and to the Secretary of the Senate if the Senate is not in
session. Each special message so transmitted shall be referred
to the appropriate committee of the House of Representatives
and the Senate. Each such message shall be printed as a
document of each House.
(b) Delivery to Comptroller General.--A copy of each
special message transmitted under section 1012 or 1013 shall be
transmitted to the Comptroller General on the same day it is
transmitted to the House of Representatives and the Senate. In
order to assist the Congress in the exercise of its functions
under sections 1012 and 1013, the Comptroller General shall
review each such message and inform the House of
Representatives and the Senate as promptly as practicable with
respect to--
(1) in the case of a special message transmitted
under section 1012, the facts surrounding the proposed
rescission or the reservation of budget authority
(including the probable effects thereof); and
(2) in the case of a special message transmitted
under section 1013, (A) the facts surrounding each
proposed deferral of budget authority (including the
probable effects thereof) and (B) whether or not (or to
what extent), in his judgment, such proposed deferral
is in accordance with existing statutory authority.
(c) Transmission of Supplementary Messages.--If any
information contained in a special message transmitted under
section 1012 or 1013 is subsequently revised, the President
shall transmit to both Houses of Congress and the Comptroller
General a supplementary message stating and explaining such
revision. Any such supplementary message shall be delivered,
referred, and printed as provided in subsection (a). The
Comptroller General shall promptly notify the House of
Representatives and the Senate of any change in the information
submitted by him under subsection (b) which may be necessitated
by such revision.
(d) Printing in Federal Register.--Any special message
transmitted under section 1012 or 1013, and any supplementary
message transmitted under subsection (c), shall be printed in
the first issue of the Federal Register published after such
transmittal.
(e) Cumulative Reports of Proposed Rescissions,
Reservations, and Deferrals of Budget Authority.--
(1) The President shall submit a report to the
House of Representatives and the Senate, not later than
the 10th day of each month during a fiscal year,
listing all budget authority for that fiscal year with
respect to which, as of the first day of such month--
(A) he has transmitted a special message
under section 1012 with respect to a proposed
rescission or a reservation; and
(B) he has transmitted a special message
under section 1013 proposing a deferral.
Such report shall also contain, with respect to each
such proposed rescission or deferral, or each such
reservation, the information required to be submitted
in the special message with respect thereto under
section 1012 or 1013.
(2) Each report submitted under paragraph (1) shall
be printed in the first issue of the Federal Register
published after its submission.
reports by comptroller general
Sec. 1015. [2 U.S.C. 686] (a) Failure To Transmit Special
Message.--If the Comptroller General finds that the President,
the Director of the Office of Management and Budget, the head
of any department or agency of the United States, or any other
officer or employee of the United States--
(1) is to establish a reserve or proposes to defer
budget authority with respect to which the President is
required to transmit a special message under section
1012 or 1013; or
(2) has ordered, permitted, or approved the
establishment of such a reserve or a deferral of budget
authority;
and that the President has failed to transmit a special message
with respect to such reserve or deferral, the Comptroller
General shall make a report on such reserve or deferral and any
available information concerning it to both Houses of Congress.
The provisions of this part shall apply with respect to such
reserve or deferral in the same manner and with the same effect
as if such report of the Comptroller General were a special
message transmitted by the President under section 1012 or
1013, and, for purposes of this part, such report shall be
considered a special message transmitted under section 1012 or
1013.
(b) Incorrect Classification of Special Message.--If the
President has transmitted a special message to both Houses of
Congress in accordance with section 1012 or 1013, and the
Comptroller General believes that the President so transmitted
the special message in accordance with one of those sections
when the special message should have been transmitted in
accordance with the other of those sections, the Comptroller
General shall make a report to both Houses of the Congress
setting forth his reasons.
suits by comptroller general
Sec. 1016. [2 U.S.C. 687] If, under this title, budget
authority is required to be made available for obligation and
such budget authority is not made available for obligation, the
Comptroller General is hereby expressly empowered, through
attorneys of his own selection, to bring a civil action in the
United States District Court for the District of Columbia to
require such budget authority to be made available for
obligation, and such court is hereby expressly empowered to
enter in such civil action, against any department, agency,
officer, or employee of the United States, any decree,
judgment, or order, which may be necessary or appropriate to
make such budget authority available for obligation. No civil
action shall be brought by the Comptroller General under this
section until the expiration of 25 calendar days of continuous
session of the Congress following the date on which an
explanatory statement by the Comptroller General of the
circumstances giving rise to the action contemplated has been
filed with the Speaker of the House of Representatives and the
President of the Senate.
procedure in house and senate
Sec. 1017. [2 U.S.C. 688] (a) Referral.--Any rescission
bill introduced with respect to a special message or
impoundment resolution introduced with respect to a proposed
deferral of budget authority shall be referred to the
appropriate committee of the House of Representatives or the
Senate, as the case may be.
(b) Discharge of Committee.--
(1) If the committee to which a rescission bill or
impoundment resolution has been referred has not
reported it at the end of 25 calendar days of
continuous session of the Congress after its
introduction, it is in order to move either to
discharge the committee from further consideration of
the bill or resolution or to discharge the committee
from further consideration of any other rescission bill
with respect to the same special message or impoundment
resolution with respect to the same proposed deferral,
as the case may be, which has been referred to the
committee.
(2) A motion to discharge may be made only by an
individual favoring the bill or resolution, may be made
only if supported by one-fifth of the Members of the
House involved (a quorum being present), and is highly
privileged in the House and privileged in the Senate
(except that it may not be made after the committee has
reported a bill or resolution with respect to the same
special message or the same proposed deferral, as the
case may be); and debate thereon shall be limited to
not more than 1 hour, the time to be divided in the
House equally between those favoring and those opposing
the bill or resolution, and to be divided in the Senate
equally between, and controlled by, the majority leader
and the minority leader or their designees. An
amendment to the motion is not in order, and it is not
in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(c) Floor Consideration in the House.--
(1) When the committee of the House of
Representatives has reported, or has been discharged
from further consideration of a rescission bill or
impoundment resolution, it shall at any time thereafter
be in order (even though a previous motion to the same
effect has been disagreed to) to move to proceed to the
consideration of the bill or resolution. The motion
shall be highly privileged and not debatable. An
amendment to the motion shall not be in order, nor
shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(2) Debate on a rescission bill or impoundment
resolution shall be limited to not more than 2 hours,
which shall be divided equally between those favoring
and those opposing the bill or resolution. A motion
further to limit debate shall not be debatable. In the
case of an impoundment resolution, no amendment to, or
motion to recommit, the resolution shall be in order.
It shall not be in order to move to reconsider the vote
by which a rescission bill or impoundment resolution is
agreed to or disagreed to.
(3) Motions to postpone, made with respect to the
consideration of a rescission bill or impoundment
resolution, and motions to proceed to the consideration
of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair
relating to the application of the Rules of the House
of Representatives to the procedure relating to any
rescission bill or impoundment resolution shall be
decided without debate.
(5) Except to the extent specifically provided in
the preceding provisions of this subsection,
consideration of any rescission bill or impoundment
resolution and amendments thereto (or any conference
report thereon) shall be governed by the Rules of the
House of Representatives applicable to other bills and
resolutions, amendments, and conference reports in
similar circumstances.
(d) Floor Consideration in the Senate.--
(1) Debate in the Senate on any rescission bill or
impoundment resolution, and all amendments thereto (in
the case of a rescission bill) and debatable motions
and appeals in connection therewith, shall be limited
to not more than 10 hours. The time shall be equally
divided between, and controlled by, the majority leader
and the minority leader or their designees.
(2) Debate in the Senate on any amendment to a
rescission bill shall be limited to 2 hours, to be
equally divided between, and controlled by, the mover
and the manager of the bill. Debate on any amendment to
an amendment, to such a bill, and debate on any
debatable motion or appeal in connection with such a
bill or an impoundment resolution shall be limited to 1
hour, to be equally divided between, and controlled by,
the mover and the manager of the bill or resolution,
except that in the event the manager of the bill or
resolution is in favor in any such amendment, motion,
or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. No
amendment that is not germane to the provisions of a
rescission bill shall be received. Such leaders, or
either of them, may, from the time under their control
on the passage of a rescission bill or impoundment
resolution, allot additional time to any Senator during
the consideration of any amendment, debatable motion,
or appeal.
(3) A motion to further limit debate is not
debatable. In the case of a rescission bill, a motion
to recommit (except a motion to recommit with
instructions to report back within a specified number
of days, not to exceed 3, not counting any day on which
the Senate is not in session) is not in order. Debate
on any such motion to recommit shall be limited to one
hour, to be equally divided between, and controlled by,
the mover and the manager of the concurrent resolution.
In the case of an impoundment resolution, no amendment
or motion to recommit is in order.
(4) The conference report on any rescission bill
shall be in order in the Senate at any time after the
third day (excluding Saturdays, Sundays, and legal
holidays) following the day on which such a conference
report is reported and is available to Members of the
Senate. A motion to proceed to the consideration of the
conference report may be made even though a previous
motion to the same effect has been disagreed to.
(5) During the consideration in the Senate of the
conference report on any rescission bill, debate shall
be limited to 2 hours, to be equally divided between,
and controlled by, the majority leader and minority
leader or their designees. Debate on any debatable
motion or appeal related to the conference report shall
be limited to 30 minutes, to be equally divided
between, and controlled by, the mover and the manager
of the conference report.
(6) Should the conference report be defeated,
debate on any request for a new conference and the
appointment of conferees shall be limited to one hour,
to be equally divided, between, and controlled by, the
manager of the conference report and the minority
leader or his designee, and should any motion be made
to instruct the conferees before the conferees are
named, debate on such motion shall be limited to 30
minutes, to be equally divided between, and controlled
by, the mover and the manager of the conference report.
Debate on any amendment to any such instructions shall
be limited to 20 minutes, to be equally divided
between, and controlled by the mover and the manager of
the conference report. In all cases when the manager of
the conference report is in favor of any motion,
appeal, or amendment, the time in opposition shall be
under the control of the minority leader or his
designee.
(7) In any case in which there are amendments in
disagreement, time on each amendment shall be limited
to 30 minutes, to be equally divided between, and
controlled by, the manager of the conference report and
the minority leader or his designee. No amendment that
is not germane to the provisions of such amendments
shall be received.
======================================================================
BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985
======================================================================
Balanced Budget and Emergency
Deficit Control Act of 1985
Public Law 99-177, December 12, 1985, 99 Stat. 1037
Major Amendments:
Balanced Budget and Emergency Deficit Reaffirmation Act of
1987; Public Law 100-119, Title I, September 28, 1987;
101 Stat. 754.
Budget Enforcement Act of 1990; Public Law 101-508, Title XIV,
Subtitle A, Part I; November 5, 1990; 104 Stat. 1388-
573,1388-574.
Omnibus Budget Reconciliation Act of 1993; Public Law 103-66,
Title XIV; August 10, 1993; 107 Stat. 312, 683.
Violent Crime Control and Law Enforcement Act of 1994; Public
Law 103-322, Title XXXI; September 13, 1994; 108 Stat.
1796, 2102.
The Balanced Budget Act of 1997; Public Law 105-33, August 5,
1997; 111 Stat. 251.
Transportation Equity Act for the 21st Century; June 9, 1998;
112 Stat. 488.
TEA 21 Restoration Act; Public Law 105-206; July 22, 1998; 115
Stat. 865.
Statutory Pay-As-You-Go-Act of 2010; Public Law 111-139;
February 12, 2010; 124 Stat. 8.
Budget Control Act of 2011; Public Law 112-25; August 2, 2011;
125 Stat. 240.
[As Amended Through Public Law 112-25,
Enacted August 2, 2011]
PART C--EMERGENCY POWERS TO ELIMINATE DEFICITS IN EXCESS OF MAXIMUM
DEFICIT AMOUNT \42\
H4 deg.SEC. 250. [2 U.S.C. 900] TABLE OF CONTENTS; STATEMENT
OF BUDGET ENFORCEMENT THROUGH SEQUESTRATION;
DEFINITIONS.
(a) Table of Contents.--
\42\ Application of certain provisions to Statutory PAYGO. For
purposes of the ``Statutory Pay-As-You-Go Act of 2010'' (title I of
Public Law 111-139; enacted February 12, 2010; 124 Stat. 8), the
provisions of sections 255, 256, 257, and 274 of Balanced Budget and
Emergency Deficit Control Act of 1985 (BBEDCA) (as amended by such
Public Law) also apply to the provisions of Title I of that Act. See
section 8 of Public Law 111-139 relating to the application of
BBEDCA.''
---------------------------------------------------------------------------
Sec. 250. Table of contents; budget enforcement statement; definitions.
Sec. 251. Enforcing discretionary spending limits.
Sec. 251A. Enforcement of budget goal.
Sec. 252. Enforcing pay-as-you-go.
Sec. 253. Enforcing deficit targets.
Sec. 254. Reports and orders.
Sec. 255. Exempt programs and activities.
Sec. 256. General and special sequestration rules.
Sec. 257. The baseline.
Sec. 258. Suspension in the event of war or low growth.
Sec. 258A. Modification of presidential order.
Sec. 258B. Alternative defense sequestration.
Sec. 258C. Special reconciliation process.
(b) General Statement of Budget Enforcement Through
Sequestration.--This part provides for budget enforcement as
called for in House Concurrent Resolution 84 \43\ (105th
Congress, 1st session).
---------------------------------------------------------------------------
\43\ House Concurrent Resolution 84 provided for the conference
report on the Concurrent Budget Resolution on the Budget for Fiscal
Year 1998 which provided for the Bipartisan Budget Agreement announced
by President Clinton and the Bipartisan Congressional Leadership on May
2 and finalized on May 15, 1997. That resolution provided for
reconciliation instructions which resulted in the enactment of the
Balanced Budget Act of 1997.
---------------------------------------------------------------------------
(c) Definitions.--
As used in this part:
(1) The terms ``budget authority'', ``new budget
authority'', ``outlays'', and ``deficit'' have the
meanings given to such terms in section 3 of the
Congressional Budget and Impoundment Control Act of
1974 and ``discretionary spending limit'' shall mean
the amounts specified in section 251 of this Act.
(2) The terms ``sequester'' and ``sequestration''
refer to or mean the cancellation of budgetary
resources provided by discretionary appropriations or
direct spending law.
(3) The term ``breach'' means, for any fiscal year,
the amount (if any) by which new budget authority or
outlays for that year (within a category of
discretionary appropriations) is above that category's
discretionary spending limit for new budget authority
or outlays for that year, as the case may be.
(4)(A) The term ``nonsecurity category'' means all
discretionary appropriations not included in the
security category defined in subparagraph (B).
(B) The term ``security category'' includes
discretionary appropriations associated with
agency budgets for the Department of Defense,
the Department of Homeland Security, the
Department of Veterans Affairs, the National
Nuclear Security Administration, the
intelligence community management account (95-
0401-0-1-054), and all budget accounts in
budget function 150 (international affairs).
(C) The term ``discretionary category''
includes all discretionary appropriations.
(5) The term ``baseline'' means the projection
(described in section 257) of current-year levels of
new budget authority, outlays, receipts, and the
surplus or deficit into the budget year and the
outyears.
(6) The term ``budgetary resources'' means new
budget authority, unobligated balances, direct spending
authority, and obligation limitations.
(7) The term ``discretionary appropriations'' means
budgetary resources (except to fund direct-spending
programs) provided in appropriation Acts.
(8) The term ``direct spending'' means--
(A) budget authority provided by law other
than appropriation Acts;
(B) entitlement authority; and
(C) the Supplemental Nutrition Assistance
Program.
(9) The term ``current'' means, with respect to OMB
estimates included with a budget submission under
section 1105(a) of title 31, United States Code, the
estimates consistent with the economic and technical
assumptions underlying that budget and with respect to
estimates made after that budget submission that are
not included with it, estimates consistent with the
economic and technical assumptions underlying the most
recently submitted President's budget.
(10) The term ``real economic growth'', with
respect to any fiscal year, means the growth in the
gross national product during such fiscal year,
adjusted for inflation, consistent with Department of
Commerce definitions.
(11) The term ``account'' means an item for which
appropriations are made in any appropriation Act and,
for items not provided for in appropriation Acts, such
term means an item for which there is a designated
budget account identification code number in the
President's budget.
(12) The term ``budget year'' means, with respect
to a session of Congress, the fiscal year of the
Government that starts on October 1 of the calendar
year in which that session begins.
(13) The term ``current year'' means, with respect
to a budget year, the fiscal year that immediately
precedes that budget year.
(14) The term ``outyear'' means a fiscal year one
or more years after the budget year.
(15) The term ``OMB'' means the Director of the
Office of Management and Budget.
(16) The term ``CBO'' means the Director of the
Congressional Budget Office.
(17) As used in this part, all references to
entitlement authority shall include the list of
mandatory appropriations included in the joint
explanatory statement of managers accompanying the
conference report on the Balanced Budget Act of 1997.
(18) The term ``deposit insurance'' refers to the
expenses of the Federal deposit insurance agencies, and
other Federal agencies supervising insured depository
institutions, resulting from full funding of, and
continuation of, the deposit insurance guarantee
commitment in effect under current estimates.
(19) The term ``asset sale'' means the sale to the
public of any asset (except for those assets covered by
title V of the Congressional Budget Act of 1974),
whether physical or financial, owned in whole or in
part by the United States.
(20) The term ``emergency'' means a situation
that--
(A) requires new budget authority and
outlays (or new budget authority and the
outlays flowing therefrom) for the prevention
or mitigation of, or response to, loss of life
or property, or a threat to national security;
and
(B) is unanticipated.
(21) The term ``unanticipated'' means that the
underlying situation is--
(A) sudden, which means quickly coming into
being or not building up over time;
(B) urgent, which means a pressing and
compelling need requiring immediate action;
(C) unforeseen, which means not predicted
or anticipated as an emerging need; and
(D) temporary, which means not of a
permanent duration.
SEC. 251. [2 U.S.C. 901] ENFORCING DISCRETIONARY SPENDING LIMITS.
(a) Enforcement.--
(1) Sequestration.--Within 15 calendar days after
Congress adjourns to end a session there shall be a
sequestration to eliminate a budget-year breach, if
any, within any category.
(2) Eliminating a breach.--Each non-exempt account
within a category shall be reduced by a dollar amount
calculated by multiplying the enacted level of
sequestrable budgetary resources in that account at
that time by the uniform percentage necessary to
eliminate a breach within that category.
(3) Military personnel.--If the President uses the
authority to exempt any personnel account from
sequestration under section 255(f), each account within
subfunctional category 051 (other than those military
personnel accounts for which the authority provided
under section 255(f) has been exercised) shall be
further reduced by a dollar amount calculated by
multiplying the enacted level of non-exempt budgetary
resources in that account at that time by the uniform
percentage necessary to offset the total dollar amount
by which outlays are not reduced in military personnel
accounts by reason of the use of such authority.
(4) Part-year appropriations.--If, on the date
specified in paragraph (1), there is in effect an Act
making or continuing appropriations for part of a
fiscal year for any budget account, then the dollar
sequestration calculated for that account under
paragraphs (2) and (3) shall be subtracted from--
(A) the annualized amount otherwise
available by law in that account under that or
a subsequent part-year appropriation; and
(B) when a full-year appropriation for that
account is enacted, from the amount otherwise
provided by the full-year appropriation for
that account.
(5) Look-back.--If, after June 30, an appropriation
for the fiscal year in progress is enacted that causes
a breach within a category for that year (after taking
into account any sequestration of amounts within that
category), the discretionary spending limits for that
category for the next fiscal year shall be reduced by
the amount or amounts of that breach.
(6) Within-session sequestration.--If an
appropriation for a fiscal year in progress is enacted
(after Congress adjourns to end the session for that
budget year and before July 1 of that fiscal year) that
causes a breach within a category for that year (after
taking into account any prior sequestration of amounts
within that category), 15 days later there shall be a
sequestration to eliminate that breach within that
category following the procedures set forth in
paragraphs (2) through (4).
(7) Estimates.--
(A) CBO estimates.--As soon as practicable
after Congress completes action on any
discretionary appropriation, CBO, after
consultation with the Committees on the Budget
of the House of Representatives and the Senate,
shall provide OMB with an estimate of the
amount of discretionary new budget authority
and outlays for the current year, if any, and
the budget year provided by that legislation.
(B) OMB estimates and explanation of
differences.--Not later than 7 calendar days
(excluding Saturdays, Sundays, and legal
holidays) after the date of enactment of any
discretionary appropriation, OMB shall transmit
a report to the House of Representatives and to
the Senate containing the CBO estimate of that
legislation, an OMB estimate of the amount of
discretionary new budget authority and outlays
for the current year, if any, and the budget
year provided by that legislation, and an
explanation of any difference between the 2
estimates. If during the preparation of the
report OMB determines that there is a
significant difference between OMB and CBO, OMB
shall consult with the Committees on the Budget
of the House of Representatives and the Senate
regarding that difference and that consultation
shall include, to the extent practicable,
written communication to those committees that
affords such committees the opportunity to
comment before the issuance of the report.
(C) Assumptions and guidelines.--OMB
estimates under this paragraph shall be made
using current economic and technical
assumptions. OMB shall use the OMB estimates
transmitted to the Congress under this
paragraph. OMB and CBO shall prepare estimates
under this paragraph in conformance with
scorekeeping guidelines determined after
consultation among the Committees on the Budget
of the House of Representatives and the Senate,
CBO, and OMB.
(D) Annual appropriations.--For purposes of
this paragraph, amounts provided by annual
appropriations shall include any discretionary
appropriations for the current year, if any,
and the budget year in accounts for which
funding is provided in that legislation that
result from previously enacted legislation.
(b) Adjustments to Discretionary Spending Limits.--
(1) Concepts and definitions.--When the President
submits the budget under section 1105 of title 31,
United States Code, OMB shall calculate and the budget
shall include adjustments to discretionary spending
limits (and those limits as cumulatively adjusted) for
the budget year and each outyear to reflect changes in
concepts and definitions. Such changes shall equal the
baseline levels of new budget authority and outlays
using up-to-date concepts and definitions, minus those
levels using the concepts and definitions in effect
before such changes. Such changes may only be made
after consultation with the Committees on
Appropriations and the Budget of the House of
Representatives and the Senate, and that consultation
shall include written communication to such committees
that affords such committees the opportunity to comment
before official action is taken with respect to such
changes.
(2) Sequestration reports.--When OMB submits a
sequestration report under section 254(e), (f), or (g)
for a fiscal year, OMB shall calculate, and the
sequestration report and subsequent budgets submitted
by the President under section 1105(a) of title 31,
United States Code, shall include adjustments to
discretionary spending limits (and those limits as
adjusted) for the fiscal year and each succeeding year,
as follows:
(A) Emergency appropriations; overseas
contingency operations/global war on
terrorism.--If, for any fiscal year,
appropriations for discretionary accounts are
enacted that--
(i) the Congress designates as
emergency requirements in statute on an
account by account basis and the
President subsequently so designates,
or
(ii) the Congress designates for
Overseas Contingency Operations/Global
War on Terrorism in statute on an
account by account basis and the
President subsequently so designates,
the adjustment shall be the total of such
appropriations in discretionary accounts
designated as emergency requirements or for
Overseas Contingency Operations/Global War on
Terrorism, as applicable.
(B) Continuing disability reviews and
redeterminations.--
(i) If a bill or joint resolution
making appropriations for a fiscal year
is enacted that specifies an amount for
continuing disability reviews under
titles II and XVI of the Social
Security Act and for the cost
associated with conducting
redeterminations of eligibility under
title XVI of the Social Security Act,
then the adjustments for that fiscal
year shall be the additional new budget
authority provided in that Act for such
expenses for that fiscal year, but
shall not exceed--
(I) for fiscal year 2012,
$623,000,000 in additional new
budget authority;
(II) for fiscal year 2013,
$751,000,000 in additional new
budget authority;
6 (III) for fiscal year
2014, $924,000,000 in
additional new budget
authority;
(IV) for fiscal year 2015,
$1,123,000,000 in additional
new budget authority;
(V) for fiscal year 2016,
$1,166,000,000 in additional
new budget authority;
(VI) for fiscal year 2017,
$1,309,000,000 in additional
new budget authority;
(VII) for fiscal year 2018,
$1,309,000,000 in additional
new budget authority;
(VIII) for fiscal year
2019, $1,309,000,000 in
additional new budget
authority;
(IX) for fiscal year 2020,
$1,309,000,000 in additional
new budget authority; and
(X) for fiscal year 2021,
$1,309,000,000 in additional
new budget authority.
(ii) As used in this subparagraph--
(I) the term ``continuing
disability reviews'' means
continuing disability reviews
under sections 221(i) and
1614(a)(4) of the Social
Security Act;
(II) the term
``redetermination'' means
redetermination of eligibility
under sections 1611(c)(1) and
1614(a)(3)(H) of the Social
Security Act; and
(III) the term ``additional
new budget authority'' means
the amount provided for a
fiscal year, in excess of
$273,000,000, in an
appropriation Act and specified
to pay for the costs of
continuing disability reviews
and redeterminations under the
heading ``Limitation on
Administrative Expenses'' for
the Social Security
Administration.
(C) Health care fraud and abuse control.--
(i) If a bill or joint resolution
making appropriations for a fiscal year
is enacted that specifies an amount for
the health care fraud abuse control
program at the Department of Health and
Human Services (75-8393-0-7-571), then
the adjustments for that fiscal year
shall be the amount of additional new
budget authority provided in that Act
for such program for that fiscal year,
but shall not exceed--
(I) for fiscal year 2012,
$270,000,000 in additional new
budget authority;
(II) for fiscal year 2013,
$299,000,000 in additional new
budget authority;
(III) for fiscal year 2014,
$329,000,000 in additional new
budget authority;
(IV) for fiscal year 2015,
$361,000,000 in additional new
budget authority;
(V) for fiscal year 2016,
$395,000,000 in additional new
budget authority;
(VI) for fiscal year 2017,
$414,000,000 in additional new
budget authority;
(VII) for fiscal year 2018,
$434,000,000 in additional new
budget authority;
(VIII) for fiscal year
2019, $454,000,000 in
additional new budget
authority;
(IX) for fiscal year 2020,
$475,000,000 in additional new
budget authority; and
(X) for fiscal year 2021,
$496,000,000 in additional new
budget authority.
(ii) As used in this subparagraph,
the term ``additional new budget
authority'' means the amount provided
for a fiscal year, in excess of
$311,000,000, in an appropriation Act
and specified to pay for the costs of
the health care fraud and abuse control
program.
(D) Disaster funding.--
(i) If, for fiscal years 2012
through 2021, appropriations for
discretionary accounts are enacted that
Congress designates as being for
disaster relief in statute, the
adjustment for a fiscal year shall be
the total of such appropriations for
the fiscal year in discretionary
accounts designated as being for
disaster relief, but not to exceed the
total of--
(I) the average funding
provided for disaster relief
over the previous 10 years,
excluding the highest and
lowest years; and
(II) the amount, for years
when the enacted new
discretionary budget authority
designated as being for
disaster relief for the
preceding fiscal year was less
than the average as calculated
in subclause (I) for that
fiscal year, that is the
difference between the enacted
amount and the allowable
adjustment as calculated in
such subclause for that fiscal
year.
(ii) OMB shall report to the
Committees on Appropriations and Budget
in each House the average calculated
pursuant to clause (i)(II), not later
than 30 days after the date of the
enactment of the Budget Control Act of
2011.
(iii) For the purposes of this
subparagraph, the term ``disaster
relief'' means activities carried out
pursuant to a determination under
section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(2)).\44\
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\44\ Major disaster.--``Major disaster'' means any natural
catastrophe (including any hurricane, tornado, storm, high water,
winddriven water, tidal wave, tsunami, earthquake, volcanic eruption,
landslide, mudslide, snowstorm, or drought), or, regardless of cause,
any fire, flood, or explosion, in any part of the United States, which
in the determination of the President causes damage of sufficient
severity and magnitude to warrant major disaster assistance under this
chapter to supplement the efforts and available resources of States,
local governments, and disaster relief organizations in alleviating the
damage, loss, hardship, or suffering caused thereby.
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(iv) Appropriations considered
disaster relief under this subparagraph
in a fiscal year shall not be eligible
for adjustments under subparagraph (A)
for the fiscal year.
(c) Discretionary Spending Limit.\45\--As used in this
part, the term ``discretionary spending limit'' means--
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\45\ On January 15, 2012, the levels set in section 251(c) were
replaced by the levels set in section 251A. See page 91.
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(1) with respect to fiscal year 2012--
(A) for the security category,
$684,000,000,000 in new budget authority; and
(B) for the nonsecurity category,
$359,000,000,000 in new budget authority;
(2) with respect to fiscal year 2013--
(A) for the security category,
$686,000,000,000 in new budget authority; and
(B) for the nonsecurity category,
$361,000,000,000 in new budget authority;
(3) with respect to fiscal year 2014, for the
discretionary category, $1,066,000,000,000 in new
budget authority;
(4) with respect to fiscal year 2015, for the
discretionary category, $1,086,000,000,000 in new
budget authority;
(5) with respect to fiscal year 2016, for the
discretionary category, $1,107,000,000,000 in new
budget authority;
(6) with respect to fiscal year 2017, for the
discretionary category, $1,131,000,000,000 in new
budget authority;
(7) with respect to fiscal year 2018, for the
discretionary category, $1,156,000,000,000 in new
budget authority;
(8) with respect to fiscal year 2019, for the
discretionary category, $1,182,000,000,000 in new
budget authority;
(9) with respect to fiscal year 2020, for the
discretionary category, $1,208,000,000,000 in new
budget authority; and
(10) with respect to fiscal year 2021, for the
discretionary category, $1,234,000,000,000 in new
budget authority;
as adjusted in strict conformance with subsection (b).
SEC. 251A. [2 U.S.C. 901A] ENFORCEMENT OF BUDGET GOAL.
Unless a joint committee\46\ bill achieving an amount
greater than $1,200,000,000,000 in deficit reduction as
provided in section 401(b)(3)(B)(i)(II) of the Budget Control
Act of 2011 \47\ is enacted by January 15, 2012, the
discretionary spending limits listed in section 251(c) \48\
shall be revised, and discretionary appropriations and direct
spending shall be reduced, as follows:
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\46\ The term ``joint committee'' refers to the Joint Select
Committee on Deficit Reduction established by the Budget Control Act of
2011 [Public Law 112-25] The Joint Select Committee on Deficit
Reduction was terminated on January 31, 2012. See page 197.
\47\ See section 401(b)(3)(B)(i)(II) of the Budget Control Act of
2011 on page 193.
\48\ After January 15, 2012, the levels set forth in section 251(c)
were superseded by the levels set in section 251A of the Balanced
Budget and Emergency Deficit Control Act of 1985.
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(1) Revised security category; revised nonsecurity
category.--
(A) The term ``revised security category''
means discretionary appropriations in budget
function 050.
(B) The term ``revised nonsecurity
category'' means discretionary appropriations
other than in budget function 050.
(2) Revised discretionary spending limits.--The
discretionary spending limits for fiscal years 2013
through 2021 under section 251(c) shall be replaced
with the following:
(A) For fiscal year 2013--
(i) for the security category,
$546,000,000,000 in budget authority;
and
(ii) for the nonsecurity category,
$501,000,000,000 in budget authority.
(B) For fiscal year 2014--
(i) for the security category,
$556,000,000,000 in budget authority;
and
(ii) for the nonsecurity category,
$510,000,000,000 in budget authority.
(C) For fiscal year 2015--
(i) for the security category,
$566,000,000,000 in budget authority;
and
(ii) for the nonsecurity category,
$520,000,000,000 in budget authority.
(D) For fiscal year 2016--
(i) for the security category,
$577,000,000,000 in budget authority;
and
(ii) for the nonsecurity category,
$530,000,000,000 in budget authority.
(E) For fiscal year 2017--
(i) for the security category,
$590,000,000,000 in budget authority;
and
(ii) for the nonsecurity category,
$541,000,000,000 in budget authority.
(F) For fiscal year 2018--
(i) for the security category,
$603,000,000,000 in budget authority;
and
(ii) for the nonsecurity category,
$553,000,000,000 in budget authority.
(G) For fiscal year 2019--
(i) for the security category,
$616,000,000,000 in budget authority;
and
(ii) for the nonsecurity category,
$566,000,000,000 in budget authority.
(H) For fiscal year 2020--
(i) for the security category,
$630,000,000,000 in budget authority;
and
(ii) for the nonsecurity category,
$578,000,000,000 in budget authority.
(I) For fiscal year 2021--
(i) for the security category,
$644,000,000,000 in budget authority;
and
(ii) for the nonsecurity category,
$590,000,000,000 in budget authority.
(3) Calculation of total deficit reduction.--OMB
shall calculate the amount of the deficit reduction
required by this section for each of fiscal years 2013
through 2021 by--
(A) starting with $1,200,000,000,000;
(B) subtracting the amount of deficit
reduction achieved by the enactment of a joint
committee bill, as provided in section
401(b)(3)(B)(i)(II) of the Budget Control Act
of 2011;\49\
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\49\ See section 401(b)(3)(B)(i)(II) of the Budget Control Act of
2011 on page 193.
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(C) reducing the difference by 18 percent
to account for debt service; and
(D) dividing the result by 9.
(4) Allocation to functions.--On January 2, 2013,
for fiscal year 2013, and in its sequestration preview
report for fiscal years 2014 through 2021 pursuant to
section 254(c), OMB shall allocate half of the total
reduction calculated pursuant to paragraph (3) for that
year to discretionary appropriations and direct
spending accounts within function 050 (defense
function) and half to accounts in all other functions
(nondefense functions).
(5) Defense function reduction.--OMB shall
calculate the reductions to discretionary
appropriations and direct spending for each of fiscal
years 2013 through 2021 for defense function spending
as follows:
(A) Discretionary.--OMB shall calculate the
reduction to discretionary appropriations by--
(i) taking the total reduction for
the defense function allocated for that
year under paragraph (4);
(ii) multiplying by the
discretionary spending limit for the
revised security category for that
year; and
(iii) dividing by the sum of the
discretionary spending limit for the
security category and OMB's baseline
estimate of nonexempt outlays for
direct spending programs within the
defense function for that year.
(B) Direct spending.--OMB shall calculate
the reduction to direct spending by taking the
total reduction for the defense function
required for that year under paragraph (4) and
subtracting the discretionary reduction
calculated pursuant to subparagraph (A).
(6) Nondefense function reduction.--OMB shall
calculate the reduction to discretionary appropriations
and to direct spending for each of fiscal years 2013
through 2021 for programs in nondefense functions as
follows:
(A) Discretionary.--OMB shall calculate the
reduction to discretionary appropriations by--
(i) taking the total reduction for
nondefense functions allocated for that
year under paragraph (4);
(ii) multiplying by the
discretionary spending limit for the
revised nonsecurity category for that
year; and
(iii) dividing by the sum of the
discretionary spending limit for the
revised nonsecurity category and OMB's
baseline estimate of nonexempt outlays
for direct spending programs in
nondefense functions for that year.
(B) Direct spending.--OMB shall calculate
the reduction to direct spending programs by
taking the total reduction for nondefense
functions required for that year under
paragraph (4) and subtracting the discretionary
reduction calculated pursuant to subparagraph
(A).
(7) Implementing discretionary reductions.--
(A) Fiscal year 2013.--On January 2, 2013,
for fiscal year 2013, OMB shall calculate and
the President shall order a sequestration,
effective upon issuance and under the
procedures set forth in section 253(f), to
reduce each account within the security
category or nonsecurity category by a dollar
amount calculated by multiplying the baseline
level of budgetary resources in that account at
that time by a uniform percentage necessary to
achieve--
(i) for the revised security
category, an amount equal to the
defense function discretionary
reduction calculated pursuant to
paragraph (5); and
(ii) for the revised nonsecurity
category, an amount equal to the
nondefense function discretionary
reduction calculated pursuant to
paragraph (6).
(B) Fiscal years 2014-2021.--On the date of
the submission of its sequestration preview
report for fiscal years 2014 through 2021
pursuant to section 254(c) for each of fiscal
years 2014 through 2021, OMB shall reduce the
discretionary spending limit--
(i) for the revised security
category by the amount of the defense
function discretionary reduction
calculated pursuant to paragraph (5);
and
(ii) for the revised nonsecurity
category by the amount of the
nondefense function discretionary
reduction calculated pursuant to
paragraph (6).
(8) Implementing direct spending reductions.--On
the date specified in paragraph (4) during each
applicable year, OMB shall prepare and the President
shall order a sequestration, effective upon issuance,
of nonexempt direct spending to achieve the direct
spending reduction calculated pursuant to paragraphs
(5) and (6). When implementing the sequestration of
direct spending pursuant to this paragraph, OMB shall
follow the procedures specified in section 6 of the
Statutory Pay-As-You-Go Act of 2010, the exemptions
specified in section 255, and the special rules
specified in section 256, except that the percentage
reduction for the Medicare programs specified in
section 256(d) shall not be more than 2 percent for a
fiscal year.
(9) Adjustment for medicare.--If the percentage
reduction for the Medicare programs would exceed 2
percent for a fiscal year in the absence of paragraph
(8), OMB shall increase the reduction for all other
discretionary appropriations and direct spending under
paragraph (6) by a uniform percentage to a level
sufficient to achieve the reduction required by
paragraph (6) in the non-defense function.
(10) Implementation of reductions.--Any reductions
imposed under this section shall be implemented in
accordance with section 256(k).
(11) Report.--On the dates specified in paragraph
(4), OMB shall submit a report to Congress containing
information about the calculations required under this
section, the adjusted discretionary spending limits, a
listing of the reductions required for each nonexempt
direct spending account, and any other data and
explanations that enhance public understanding of this
title and actions taken under it.
H4 deg.SEC. 252. [2 U.S.C. 902] ENFORCING PAY-AS-YOU-GO.\50\
(a) Purpose.--The purpose of this section is to assure that
any legislation enacted before October 1, 2002, affecting
direct spending or receipts that increases the deficit will
trigger an offsetting sequestration.
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\50\ Section 252 is in force since BBEDCA was made permanent by the
Budget Control Act of 2011 (Public Law 112-25), but the years specified
in the section render it inoperable.
---------------------------------------------------------------------------
(b) Sequestration.--
(1) Timing.--Not later than 15 calendar days after
the date Congress adjourns to end a session and on the
same day as a sequestration (if any) under section 251
or 253, there shall be a sequestration to offset the
amount of any net deficit increase caused by all direct
spending and receipts legislation enacted before
October 1, 2002, as calculated under paragraph (2).
(2) Calculation of deficit increase.--OMB shall
calculate the amount of deficit increase or decrease by
adding--
(A) all OMB estimates for the budget year
of direct spending and receipts legislation
transmitted under subsection (d);
(B) the estimated amount of savings in
direct spending programs applicable to budget
year resulting from the prior year's
sequestration under this section or section
253, if any, as published in OMB's final
sequestration report for that prior year; and
(C) any net deficit increase or decrease in
the current year resulting from all OMB
estimates for the current year of direct
spending and receipts legislation transmitted
under subsection (d) that were not reflected in
the final OMB sequestration report for the
current year.
(c) Eliminating a Deficit Increase.--
(1) The amount required to be sequestered in a
fiscal year under subsection (b) shall be obtained from
non-exempt direct spending accounts from actions taken
in the following order:
(A) First.--All reductions in automatic
spending increases specified in section 256(a)
shall be made.
(B) Second.--If additional reductions in
direct spending accounts are required to be
made, the maximum reductions permissible under
sections 256(b) (guaranteed and direct student
loans) and 256(c) \51\ (foster care and
adoption assistance) shall be made.
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\51\ There is no subsection 256(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985. The Statutory Pay-As-You-Go Act
of 2010 (Public Law 111-139) deleted this subsection.
---------------------------------------------------------------------------
(C) Third.--
(i) If additional reductions in
direct spending accounts are required
to be made, each remaining non-exempt
direct spending account shall be
reduced by the uniform percentage
necessary to make the reductions in
direct spending required by paragraph
(1); except that the medicare programs
specified in section 256(d) shall not
be reduced by more than 4 percent and
the uniform percentage applicable to
all other direct spending programs
under this paragraph shall be increased
(if necessary) to a level sufficient to
achieve the required reduction in
direct spending.
(ii) For purposes of determining
reductions under clause (i), outlay
reductions (as a result of
sequestration of Commodity Credit
Corporation commodity price support
contracts in the fiscal year of a
sequestration) that would occur in the
following fiscal year shall be credited
as outlay reductions in the fiscal year
of the sequestration.
(2) For purposes of this subsection, accounts shall
be assumed to be at the level in the baseline.
(d) Estimates.--
(1) CBO estimates.\52\--As soon as practicable
after Congress completes action on any direct spending
or receipts legislation, CBO shall provide an estimate
to OMB of that legislation.
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\52\ This paragraph, pursuant to section 252(d)(1) of the Budget
Control Act of 2011, no longer applies to the Congressional Budget
Office.
---------------------------------------------------------------------------
(2) OMB estimates.--Not later than 7 calendar days
(excluding Saturdays, Sundays, and legal holidays)
after the date of enactment of any direct spending or
receipts legislation, OMB shall transmit a report to
the House of Representatives and to the Senate
containing--
(A) the CBO estimate of that legislation;
(B) an OMB estimate of that legislation
using current economic and technical
assumptions; and
(C) an explanation of any difference
between the 2 estimates.
(3) Significant differences.--If during the
preparation of the report under paragraph (2) OMB
determines that there is a significant difference
between the OMB and CBO estimates, OMB shall consult
with the Committees on the Budget of the House of
Representatives and the Senate regarding that
difference and that consultation, to the extent
practicable, shall include written communication to
such committees that affords such committees the
opportunity to comment before the issuance of that
report.
(4) Scope of estimates.--The estimates under this
section shall include the amount of change in outlays
or receipts for the current year (if applicable), the
budget year, and each outyear excluding any amounts
resulting from--
(A) full funding of, and continuation of,
the deposit insurance guarantee commitment in
effect under current estimates; and
(B) emergency provisions as designated
under subsection (e).
(5) Scorekeeping guidelines.--OMB and CBO, after
consultation with each other and the Committees on the
Budget of the House of Representatives and the Senate,
shall--
(A) determine common scorekeeping
guidelines; and
(B) in conformance with such guidelines,
prepare estimates under this section.
(e) \53\ Emergency Legislation.--If a provision of direct
spending or receipts legislation is enacted that the President
designates as an emergency requirement and that the Congress so
designates in statute, the amounts of new budget authority,
outlays, and receipts in all fiscal years resulting from that
provision shall be designated as an emergency requirement in
the reports required under subsection (d). This subsection
shall not apply to direct spending provisions to cover
agricultural crop disaster assistance.
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\53\ See page 271: Clause 2(e) of rule XXI of the Rules of the
House of Representatives reads as follows:
``(e) A provision other than an appropriation designated an
emergency under section 251(b)(2) or section 252(e) of the Balanced
Budget and Emergency Deficit Control Act, a rescission of budget
authority, or a reduction in direct spending or an amount for a
designated emergency may not be reported in an appropriation bill or
joint resolution containing an emergency designation under section
251(b)(2) or section 252(e) of such Act and may not be in order as an
amendment thereto.''
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H4 deg.SEC. 253. [2 U.S.C. 903] ENFORCING DEFICIT
TARGETS.\54\
(a) Sequestration.--Within 15 calendar days after Congress
adjourns to end a session (other than of the One Hundred First
Congress) and on the same day as a sequestration (if any) under
section 251 and section 252, but after any sequestration
required by section 251 (enforcing discretionary spending
limits) or section 252 (enforcing pay-as-you-go), there shall
be a sequestration to eliminate the excess deficit (if any
remains) if it exceeds the margin.
---------------------------------------------------------------------------
\54\ Section 253 is in force since BBEDCA was made permanent by the
Budget Control Act of 2011 (Public Law 112-25), but the section is
inoperable.
---------------------------------------------------------------------------
(b) Excess Deficit; Margin.--The excess deficit is, if
greater than zero, the estimated deficit for the budget year,
minus--
(1) the maximum deficit amount for that year;
(2) the amounts for that year designated as
emergency direct spending or receipts legislation under
section 252(e); and
(3) for any fiscal year in which there is not a
full adjustment for technical and economic reestimates,
the deposit insurance reestimate for that year, if any,
calculated under subsection (h).
The ``margin'' for fiscal year 1992 or 1993 is zero and for
fiscal year 1994 or 1995 is $15,000,000,000.
(c) Dividing the Sequestration.--To eliminate the excess
deficit in a budget year, half of the required outlay
reductions shall be obtained from non-exempt defense accounts
(accounts designated as function 050 in the President's fiscal
year 1991 budget submission) and half from non-exempt, non-
defense accounts (all other non-exempt accounts).
(d) Defense.--Each non-exempt defense account shall be
reduced by a dollar amount calculated by multiplying the level
of sequestrable budgetary resources in that account at that
time by the uniform percentage necessary to carry out
subsection (c), except that, if any military personnel are
exempt, adjustments shall be made under the procedure set forth
in section 251(a)(3).
(e) Non-Defense.--Actions to reduce non-defense accounts
shall be taken in the following order:
(1) First.--All reductions in automatic spending
increases under section 256(a) shall be made.
(2) Second.--If additional reductions in non-
defense accounts are required to be made, the maximum
reduction permissible under sections 256(b) (guaranteed
student loans) and 256(c) (foster care and adoption
assistance) shall be made.
(3) Third.--
(A) If additional reductions in non-defense
accounts are required to be made, each
remaining non-exempt, non-defense account shall
be reduced by the uniform percentage necessary
to make the reductions in non-defense outlays
required by subsection (c), except that--
(i) the medicare program specified
in section 256(d) shall not be reduced
by more than 2 percent in total
including any reduction of less than 2
percent made under section 252 or, if
it has been reduced by 2 percent or
more under section 252, it may not be
further reduced under this section; and
(ii) the health programs set forth
in section 256(e) shall not be reduced
by more than 2 percent in total
(including any reduction made under
section 251),
and the uniform percent applicable to all other
programs under this subsection shall be
increased (if necessary) to a level sufficient
to achieve the required reduction in non-
defense outlays.
(B) For purposes of determining reductions
under subparagraph (A), outlay reduction (as a
result of sequestration of Commodity Credit
Corporation commodity price support contracts
in the fiscal year of a sequestration) that
would occur in the following fiscal year shall
be credited as outlay reductions in the fiscal
year of the sequestration.
(f) Baseline Assumptions; Part-year Appropriations.--
(1) Budget assumptions.--For purposes of
subsections (b), (c), (d), and (e), accounts shall be
assumed to be at the level in the baseline minus any
reductions required to be made under sections 251 and
252.
(2) Part-year appropriations.--If, on the date
specified in subsection (a), there is in effect an Act
making or continuing appropriations for part of a
fiscal year for any non-exempt budget account, then the
dollar sequestration calculated for that account under
subsection (d) or (e), as applicable, shall be
subtracted from--
(A) the annualized amount otherwise
available by law in that account under that or
a subsequent part-year appropriation; and
(B) when a full-year appropriation for that
account is enacted, from the amount otherwise
provided by the full-year appropriation; except
that the amount to be sequestered from that
account shall be reduced (but not below zero)
by the savings achieved by that appropriation
when the enacted amount is less than the
baseline for that account.
(g) Adjustments to Maximum Deficit Amounts.--
(1) Adjustments.--
(A) When the President submits the budget
for fiscal year 1992, the maximum deficit
amounts for fiscal years 1992, 1993, 1994, and
1995 shall be adjusted to reflect up-to-date
reestimates of economic and technical
assumptions and any changes in concepts or
definitions. When the President submits the
budget for fiscal year 1993, the maximum
deficit amounts for fiscal years 1993, 1994,
and 1995 shall be further adjusted to reflect
up-to-date reestimates of economic and
technical assumptions and any changes in
concepts or definitions.
(B) When submitting the budget for fiscal
year 1994, the President may choose to adjust
the maximum deficit amounts for fiscal years
1994 and 1995 to reflect up-to-date reestimates
of economic and technical assumptions. If the
President chooses to adjust the maximum deficit
amount when submitting the fiscal year 1994
budget, the President may choose to invoke the
same adjustment procedure when submitting the
budget for fiscal year 1995. In each case, the
President must choose between making no
adjustment or the full adjustment described in
paragraph (2). If the President chooses to make
that full adjustment, then those procedures for
adjusting discretionary spending limits
described in sections 251(b)(1)(C) and
251(b)(2)(E), otherwise applicable through
fiscal year 1993 or 1994 (as the case may be),
shall be deemed to apply for fiscal year 1994
(and 1995 if applicable).
(C) When the budget for fiscal year 1994 or
1995 is submitted and the sequestration reports
for those years under section 254 are made (as
applicable), if the President does not choose
to make the adjustments set forth in
subparagraph (B), the maximum deficit amount
for that fiscal year shall be adjusted by the
amount of the adjustment to discretionary
spending limits first applicable for that year
(if any) under section 251(b).
(D) For each fiscal year the adjustments
required to be made with the submission of the
President's budget for that year shall also be
made when OMB submits the sequestration update
report and the final sequestration report for
that year, but OMB shall continue to use the
economic and technical assumptions in the
President's budget for that year.
Each adjustment shall be made by increasing or
decreasing the maximum deficit amounts set forth in
section 601 of the Congressional Budget Act of 1974.
(2) Calculations of adjustments.--The required
increase or decrease shall be calculated as follows:
(A) The baseline deficit or surplus shall
be calculated using up-to-date economic and
technical assumptions, using up-to-date
concepts and definitions, and, in lieu of the
baseline levels of discretionary
appropriations, using the discretionary
spending limits set forth in section 601 of the
Congressional Budget Act of 1974 as adjusted
under section 251.
(B) The net deficit increase or decrease
caused by all direct spending and receipts
legislation enacted after the date of enactment
of this section (after adjusting for any
sequestration of direct spending accounts)
shall be calculated for each fiscal year by
adding--
(i) the estimates of direct
spending and receipts legislation
transmitted under section 252(d)
applicable to each such fiscal year;
and
(ii) the estimated amount of
savings in direct spending programs
applicable to each such fiscal year
resulting from the prior year's
sequestration under this section or
section 252 of direct spending, if any,
as contained in OMB's final
sequestration report for that year.
(C) The amount calculated under
subparagraph (B) shall be subtracted from the
amount calculated under subparagraph (A).
(D) The maximum deficit amount set forth in
section 601 of the Congressional Budget Act of
1974 shall be subtracted from the amount
calculated under subparagraph (C).
(E) The amount calculated under
subparagraph (D) shall be the amount of the
adjustment required by paragraph (1).
(h) Treatment of Deposit Insurance.--
(1) Initial estimates.--The initial estimates of
the net costs of federal deposit insurance for fiscal
year 1994 and fiscal year 1995 (assuming full funding
of, and continuation of, the deposit insurance
guarantee commitment in effect on the date of the
submission of the budget for fiscal year 1993) shall be
set forth in that budget.
(2) Reestimates.--For fiscal year 1994 and fiscal
year 1995, the amount of the reestimate of deposit
insurance costs shall be calculated by subtracting the
amount set forth under paragraph (1) for that year from
the current estimate of deposit insurance costs (but
assuming full funding of, and continuation of, the
deposit insurance guarantee commitment in effect on the
date of submission of the budget for fiscal year 1993).
H4 deg.SEC. 254. [2 U.S.C. 904] REPORTS AND ORDERS.
(a) Timetable.--The timetable with respect to this part for
any budget year is as follows:
Date: Action to be completed:
January 21........Notification regarding optional adjustment of ......
maximum deficit amount.
5 days before the CBO sequestration preview report....................
The President's buOMB sequestration preview report....................
August 10.........Notification regarding military personnel...........
August 15.........CBO sequestration update report.....................
August 20.........OMB sequestration update report.....................
10 days after end CBO final sequestration report......................
15 days after end OMB final sequestration report; Presidential order..
(b) Submission and Availability of Reports.--Each report
required by this section shall be submitted, in the case of
CBO, to the House of Representatives, the Senate and OMB and,
in the case of OMB, to the House of Representatives, the
Senate, and the President on the day it is issued. On the
following day a notice of the report shall be printed in the
Federal Register.
(c) Sequestration Preview Reports.\55\ --
---------------------------------------------------------------------------
\55\ The Congressional Budget Office is not required to prepare a
report under this subsection pursuant to section 104(b) of the Budget
Control Act of 2011.
---------------------------------------------------------------------------
(1) Reporting requirement.--On the dates specified
in subsection (a), OMB and CBO shall issue a preview
report regarding discretionary, pay-as-you-go, and
deficit sequestration based on laws enacted through
those dates.
(2) Discretionary sequestration report.--The
preview reports shall set forth estimates for the
current year and each subsequent year through 2021 of
the applicable discretionary spending limits for each
category and an explanation of any adjustments in such
limits under section 251.
(3) Pay-as-you-go sequestration reports.--The
preview reports shall set forth, for the current year
and the budget year, estimates for each of the
following:
(A) The amount of net deficit increase or
decrease, if any, calculated under subsection
252(b).
(B) A list identifying each law enacted and
sequestration implemented after the date of
enactment of this section included in the
calculation of the amount of deficit increase
or decrease and specifying the budgetary effect
of each such law.
(C) The sequestration percentage or (if the
required sequestration percentage is greater
than the maximum allowable percentage for
medicare) percentages necessary to eliminate a
deficit increase under section 252(c).
(4) Deficit sequestration reports.--The preview
reports shall set forth for the budget year estimates
for each of the following:
(A) The maximum deficit amount, the
estimated deficit calculated under section
253(b), the excess deficit, and the margin.
(B) The amount of reductions required under
section 252, the excess deficit remaining after
those reductions have been made, and the amount
of reductions required from defense accounts
and the reductions required from non-defense
accounts.
(C) The sequestration percentage necessary
to achieve the required reduction in defense
accounts under section 253(d).
(D) The reductions required under sections
253(e)(1) and 253(e)(2).
(E) The sequestration percentage necessary
to achieve the required reduction in non-
defense accounts under section 253(e)(3).
The CBO report need not set forth the items other than
the maximum deficit amount for fiscal year 1992, 1993,
or any fiscal year for which the President notifies the
House of Representatives and the Senate that he will
adjust the maximum deficit amount under the option
under section 253(g)(1)(B).
(5) Explanation of differences.--The OMB reports
shall explain the differences between OMB and CBO
estimates for each item set forth in this subsection.
(d) Notification Regarding Military Personnel.--On or
before the date specified in subsection (a), the President
shall notify the Congress of the manner in which he intends to
exercise flexibility with respect to military personnel
accounts under section 255(f).
(e) Sequestration Update Reports.--On the dates specified
in subsection (a), OMB and CBO shall issue a sequestration
update report, reflecting laws enacted through those dates,
containing all of the information required in the sequestration
preview reports. This report shall also contain a preview
estimate of the adjustment for disaster funding for the
upcoming fiscal year.
(f) Final Sequestration Reports.\56\ --
---------------------------------------------------------------------------
\56\ The Congressional Budget Office is not required to prepare a
report under this subsection pursuant to section 104(b) of the Budget
Control Act of 2011.
---------------------------------------------------------------------------
(1) Reporting requirement.--On the dates specified
in subsection (a), OMB and CBO shall issue a final
sequestration report, updated to reflect laws enacted
through those dates.
(2) Discretionary sequestration reports.--The final
reports shall set forth estimates for each of the
following:
(A) For the current year and each
subsequent year through 2021 the applicable
discretionary spending limits for each category
and an explanation of any adjustments in such
limits under section 251, including a final
estimate of the adjustment for disaster
funding.
(B) For the current year and the budget
year the estimated new budget authority and
outlays for each category and the breach, if
any, in each category.
(C) For each category for which a
sequestration is required, the sequestration
percentages necessary to achieve the required
reduction.
(D) For the budget year, for each account
to be sequestered, estimates of the baseline
level of sequesterable budgetary resources and
resulting outlays and the amount of budgetary
resources to be sequestered and resulting
outlay reductions.
(3) Pay-as-you-go and deficit sequestration
reports.--The final reports shall contain all the
information required in the pay-as-you-go and deficit
sequestration preview reports. In addition, these
reports shall contain, for the budget year, for each
account to be sequestered, estimates of the baseline
level of sequestrable budgetary resources and resulting
outlays and the amount of budgetary resources to be
sequestered and resulting outlay reductions. The
reports shall also contain estimates of the effects on
outlays of the sequestration in each outyear for direct
spending programs.
(4) Explanation of differences.--The OMB report
shall explain any differences between OMB and CBO
estimates of the amount of any net deficit change
calculated under subsection 252(b), any excess deficit,
any breach, and any required sequestration percentage.
The OMB report shall also explain differences in the
amount of sequesterable resources for any budget
account to be reduced if such difference is greater
than $5,000,000.
(5) Presidential order.--On the date specified in
subsection (a), if in its final sequestration report
OMB estimates that any sequestration is required, the
President shall issue an order fully implementing
without change all sequestrations required by the OMB
calculations set forth in that report. This order shall
be effective on issuance.
(g) Within-Session Sequestration Reports and Order.--If an
appropriation for a fiscal year in progress is enacted (after
Congress adjourns to end the session for that budget year and
before July 1 of that fiscal year) that causes a breach, 10
days later CBO shall issue a report containing the information
required in paragraph (f)(2). Fifteen days after enactment, OMB
shall issue a report containing the information required in
paragraphs (f)(2) and (f)(4). On the same day as the OMB
report, the President shall issue an order fully implementing
without change all sequestrations required by the OMB
calculations set forth in that report. This order shall be
effective on issuance.
(h) GAO Compliance Report.--Upon request of the Committee
on the Budget of the House of Representatives or the Senate,
the Comptroller General shall submit to the Congress and the
President a report on--
(1) the extent to which each order issued by the
President under this section complies with all of the
requirements contained in this part, either certifying
that the order fully and accurately complies with such
requirements or indicating the respects in which it
does not; and
(2) the extent to which each report issued by OMB
or CBO under this section complies with all of the
requirements contained in this part, either certifying
that the report fully and accurately complies with such
requirements or indicating the respects in which it
does not.
(i) Low-Growth Report.\57\--At any time, CBO shall notify
the Congress if--
---------------------------------------------------------------------------
\57\ The Congressional Budget Office is not required to prepare a
report under this subsection pursuant to section 104(b) of the Budget
Control Act of 2011.
---------------------------------------------------------------------------
(1) during the period consisting of the quarter
during which such notification is given, the quarter
preceding such notification, and the 4 quarters
following such notification, CBO or OMB has determined
that real economic growth is projected or estimated to
be less than zero with respect to each of any 2
consecutive quarters within such period; or
(2) the most recent of the Department of Commerce's
advance preliminary or final reports of actual real
economic growth indicate that the rate of real economic
growth for each of the most recently reported quarter
and the immediately preceding quarter is less than one
percent.
(j) Economic and Technical Assumptions.--In all reports
required by this section, OMB shall use the same economic and
technical assumptions as used in the most recent budget
submitted by the President under section 1105(a) of title 31,
United States Code.
SEC. 255. [2 U.S.C. 905] EXEMPT PROGRAMS AND ACTIVITIES.\58\
(a) Social Security Benefits and Tier I Railroad Retirement
Benefits.--Benefits payable under the old-age, survivors, and
disability insurance program established under title II of the
Social Security Act (42 U.S.C. 401 et seq.), and benefits
payable under section 231b(a), 231b(f)(2), 231c(a), and 231c(f)
of title 45 United States Code \59\, shall be exempt from
reduction under any order issued under this part.
---------------------------------------------------------------------------
\58\ Section 255 also applies to any sequestration ordered pursuant
to the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139). See
page 143.
\59\ The reference to sections of title 45, United States Code in
section 255(a) should be a reference to sections 3 and 4 of the
Railroad Retirement Act of 1937 (45 U.S.C. 231 et seq.).
---------------------------------------------------------------------------
(b) Veterans Programs.--The following programs shall be
exempt from reduction under any order issued under this part:
All programs administered by the Department of
Veterans Affairs.
Special Benefits for Certain World War II Veterans
(28-0401-0-1-701).
(c) Net Interest.--No reduction of payments for net
interest (all of major functional category 900) shall be made
under any order issued under this part.
(d) Refundable Income Tax Credits.--Payments to individuals
made pursuant to provisions of the Internal Revenue Code of
1986 establishing refundable tax credits shall be exempt from
reduction under any order issued under this part.
(e) Non-defense Unobligated Balances.--Unobligated balances
of budget authority carried over from prior fiscal years,
except balances in the defense category, shall be exempt from
reduction under any order issued under this part.
(f) Optional Exemption of Military Personnel.--
(1) In general.--The President may, with respect to
any military personnel account, exempt that account
from sequestration or provide for a lower uniform
percentage reduction than would otherwise apply.
(2) Limitation.--The President may not use the
authority provided by paragraph (1) unless the
President notifies the Congress of the manner in which
such authority will be exercised on or before the date
specified in section 254(a) for the budget year.
(g) Other Programs and Activities.--
(1)(A) The following budget accounts and activities
shall be exempt from reduction under any order issued
under this part:
Activities resulting from private
donations, bequests, or voluntary contributions
to the Government.
Activities financed by voluntary payments
to the Government for goods or services to be
provided for such payments.
Administration of Territories, Northern
Mariana Islands Covenant grants (14-0412-0-1-
808).
Advances to the Unemployment Trust Fund and
Other Funds (16-0327-0-1-600).
Black Lung Disability Trust Fund
Refinancing (16-0329-0-1-601).
Bonneville Power Administration Fund and
borrowing authority established pursuant to
section 13 of Public Law 93-454 (1974), as
amended (89-4045-0-3-271).
Claims, Judgments, and Relief Acts (20-
1895-0-1-808).
Compact of Free Association (14-0415-0-1-
808).
Compensation of the President (11-0209-01-
1-802).
Comptroller of the Currency, Assessment
Funds (20-8413-0-8-373).
Continuing Fund, Southeastern Power
Administration (89-5653-0-2-271).
Continuing Fund, Southwestern Power
Administration (89-5649-0-2-271).
Dual Benefits Payments Account (60-0111-0-
1-601).
Emergency Fund, Western Area Power
Administration (89-5069-0-2-271).
Exchange Stabilization Fund (20-4444-0-3-
155).
Farm Credit Administration Operating
Expenses Fund (78-4131-0-3-351).
Farm Credit System Insurance Corporation,
Farm Credit Insurance Fund (78-4171-0-3-351).
Federal Deposit Insurance Corporation,
Deposit Insurance Fund (51-4596-0-4-373).
Federal Deposit Insurance Corporation,
FSLIC Resolution Fund (51-4065-0-3-373).
Federal Deposit Insurance Corporation,
Noninterest Bearing Transaction Account
Guarantee (51-4458-0-3-373).
Federal Deposit Insurance Corporation,
Senior Unsecured Debt Guarantee (51-4457-0-3-
373).
Federal Home Loan Mortgage Corporation
(Freddie Mac).
Federal Housing Finance Agency,
Administrative Expenses (95-5532-0-2-371).
Federal National Mortgage Corporation
(Fannie Mae).
Federal Payment to the District of Columbia
Judicial Retirement and Survivors Annuity Fund
(20-1713-0-1-752).
Federal Payment to the District of Columbia
Pension Fund (20-1714-0-1-601).
Federal Payments to the Railroad Retirement
Accounts (60-0113-0-1-601).
Federal Reserve Bank Reimbursement Fund
(20-1884-0-1-803).
Financial Agent Services (20-1802-0-1-803).
Foreign Military Sales Trust Fund (11-8242-
0-7-155).
Hazardous Waste Management, Conservation
Reserve Program (12-4336-0-3-999).
Host Nation Support Fund for Relocation
(97-8337-0-7-051).
Internal Revenue Collections for Puerto
Rico (20-5737-0-2-806).
Intragovernmental funds, including those
from which the outlays are derived primarily
from resources paid in from other government
accounts, except to the extent such funds are
augmented by direct appropriations for the
fiscal year during which an order is in effect.
Medical Facilities Guarantee and Loan Fund
(75-9931-0-3-551).
National Credit Union Administration,
Central Liquidity Facility (25-4470-0-3-373).
National Credit Union Administration,
Corporate Credit Union Share Guarantee Program
(25-4476-0-3-376).
National Credit Union Administration,
Credit Union Homeowners Affordability Relief
Program (25-4473-0-3-371).
National Credit Union Administration,
Credit Union Share Insurance Fund (25-4468-0-3-
373).
National Credit Union Administration,
Credit Union System Investment Program (25-
4474-0-3-376).
National Credit Union Administration,
Operating fund (25-4056-0-3-373).
National Credit Union Administration, Share
Insurance Fund Corporate Debt Guarantee Program
(25-4469-0-3-376).
National Credit Union Administration, U.S.
Central Federal Credit Union Capital Program
(25-4475-0-3-376).
Office of Thrift Supervision (20-4108-0-3-
373).
Panama Canal Commission Compensation Fund
(16-5155-0-2-602).
Payment of Vietnam and USS Pueblo prisoner-
of-war claims within the Salaries and Expenses,
Foreign Claims Settlement account (15-0100-0-1-
153).
Payment to Civil Service Retirement and
Disability Fund (24-0200-0-1-805).
Payment to Department of Defense Medicare-
Eligible Retiree Health Care Fund (97-0850-0-1-
054).
Payment to Judiciary Trust Funds (10-0941-
0-1-752).
Payment to Military Retirement Fund (97-
0040-0-1-054).
Payment to the Foreign Service Retirement
and Disability Fund (19-0540-0-1-153).
Payments to Copyright Owners (03-5175-0-2-
376).
Payments to Health Care Trust Funds (75-
0580-0-1-571).
Payment to Radiation Exposure Compensation
Trust Fund (15-0333-0-1-054).
Payments to Social Security Trust Funds
(28-0404-0-1-651).
Payments to the United States Territories,
Fiscal Assistance (14-0418-0-1-806).
Payments to trust funds from excise taxes
or other receipts properly creditable to such
trust funds.
Payments to widows and heirs of deceased
Members of Congress (00-0215-0-1-801).
Postal Service Fund (18-4020-0-3-372).
Radiation Exposure Compensation Trust Fund
(15-8116-0-1-054).
Reimbursement to Federal Reserve Banks (20-
0562-0-1-803).
Salaries of Article III judges.
Soldiers and Airmen's Home, payment of
claims (84-8930-0-7-705).
Tennessee Valley Authority Fund, except
nonpower programs and activities (64-4110-0-3-
999).
Tribal and Indian trust accounts within the
Department of the Interior which fund prior
legal obligations of the Government or which
are established pursuant to Acts of Congress
regarding Federal management of tribal real
property or other fiduciary responsibilities,
including but not limited to Tribal Special
Fund (14-5265-0-2-452), Tribal Trust Fund (14-
8030-0-7-452), White Earth Settlement (14-2204-
0-1-452), and Indian Water Rights and Habitat
Acquisition (14-5505-0-2-303).
United Mine Workers of America 1992 Benefit
Plan (95-8260-0-7-551).
United Mine Workers of America 1993 Benefit
Plan (95-8535-0-7-551).
United Mine Workers of America Combined
Benefit Fund (95-8295-0-7-551).
United States Enrichment Corporation Fund
(95-4054-0-3-271).
Universal Service Fund (27-5183-0-2-376).
Vaccine Injury Compensation (75-0320-0-1-
551).
Vaccine Injury Compensation Program Trust
Fund (20-8175-0-7-551).
(B) The following Federal retirement and disability
accounts and activities shall be exempt from reduction
under any order issued under this part:
Black Lung Disability Trust Fund (20-8144-
0-7-601).
Central Intelligence Agency Retirement and
Disability System Fund (56-3400-0-1-054).
Civil Service Retirement and Disability
Fund (24-8135-0-7-602).
Comptrollers general retirement system (05-
0107-0-1-801).
Contributions to U.S. Park Police annuity
benefits, Other Permanent Appropriations (14-
9924-0-2-303).
Court of Appeals for Veterans Claims
Retirement Fund (95-8290-0-7-705).
Department of Defense Medicare-Eligible
Retiree Health Care Fund (97-5472-0-2-551).
District of Columbia Federal Pension Fund
(20-5511-0-2-601).
District of Columbia Judicial Retirement
and Survivors Annuity Fund (20-8212-0-7-602).
Energy Employees Occupational Illness
Compensation Fund (16-1523-0-1-053).
Foreign National Employees Separation Pay
(97-8165-0-7-051).
Foreign Service National Defined
Contributions Retirement Fund (19-5497-0-2-
602).
Foreign Service National Separation
Liability Trust Fund (19-8340-0-7-602).
Foreign Service Retirement and Disability
Fund (19-8186-0-7-602).
Government Payment for Annuitants,
Employees Health Benefits (24-0206-0-1-551).
Government Payment for Annuitants, Employee
Life Insurance (24-0500-0-1-602).
Judicial Officers' Retirement Fund (10-
8122-0-7-602).
Judicial Survivors' Annuities Fund (10-
8110-0-7-602).
Military Retirement Fund (97-8097-0-7-602).
National Railroad Retirement Investment
Trust (60-8118-0-7-601).
National Oceanic and Atmospheric
Administration retirement (13-1450-0-1-306).
Pensions for former Presidents (47-0105-0-
1-802).
Postal Service Retiree Health Benefits Fund
(24-5391-0-2-551).
Public Safety Officer Benefits (15-0403-0-
1-754).
Rail Industry Pension Fund (60-8011-0-7-
601).
Retired Pay, Coast Guard (70-0602-0-1-403).
Retirement Pay and Medical Benefits for
Commissioned Officers, Public Health Service
(75-0379-0-1-551).
Special Benefits for Disabled Coal Miners
(16-0169-0-1-601).
Special Benefits, Federal Employees'
Compensation Act (16-1521-0-1-600).
Special Workers Compensation Expenses (16-
9971-0-7-601).
Tax Court Judges Survivors Annuity Fund
(23-8115-0-7-602).
United States Court of Federal Claims
Judges' Retirement Fund (10-8124-0-7-602).
United States Secret Service, DC Annuity
(70-0400-0-1-751).
Voluntary Separation Incentive Fund (97-
8335-0-7-051).
(2) Prior legal obligations of the Government in
the following budget accounts and activities shall be
exempt from any order issued under this part:
Biomass Energy Development (20-0114-0-1-
271).
Check Forgery Insurance Fund (20-4109-0-3-
803).
Credit liquidating accounts.
Credit reestimates.
Employees Life Insurance Fund (24-8424-0-8-
602).
Federal Aviation Insurance Revolving Fund
(69-4120-0-3-402).
Federal Crop Insurance Corporation Fund
(12-4085-0-3-351).
Federal Emergency Management Agency,
National Flood Insurance Fund (58-4236-0-3-
453).
Geothermal resources development fund (89-
0206-0-1-271).
Low-Rent Public Housing--Loans and Other
Expenses (86-4098-0-3-604).
Maritime Administration, War Risk Insurance
Revolving Fund (69-4302-0-3-403).
Natural Resource Damage Assessment Fund
(14-1618-0-1-302).
Overseas Private Investment Corporation,
Noncredit Account (71-4184-0-3-151).
Pension Benefit Guaranty Corporation Fund
(16-4204-0-3-601).
San Joaquin Restoration Fund (14-5537-0-2-
301).
Servicemembers' Group Life Insurance Fund
(36-4009-0-3-701).
Terrorism Insurance Program (20-0123-0-1-
376).
(h) Low-income Programs.--The following programs shall be
exempt from reduction under any order issued under this part:
Academic Competitiveness/Smart Grant Program (91-
0205-0-1-502).
Child Care Entitlement to States (75-1550-0-1-609).
Child Enrollment Contingency Fund (75-5551-0-2-
551).
Child Nutrition Programs (with the exception of
special milk programs) (12-3539-0-1-605).
Children's Health Insurance Fund (75-0515-0-1-551).
Commodity Supplemental Food Program (12-3507-0-1-
605).
Contingency Fund (75-1522-0-1-609).
Family Support Programs (75-1501-0-1-609).
Federal Pell Grants under section 401 Title IV of
the Higher Education Act.
Grants to States for Medicaid (75-0512-0-1-551).
Payments for Foster Care and Permanency (75-1545-0-
1-609).
Supplemental Nutrition Assistance Program (12-3505-
0-1-605).
Supplemental Security Income Program (28-0406-0-1-
609).
Temporary Assistance for Needy Families (75-1552-0-
1-609).
(i) Economic Recovery Programs.--The following programs
shall be exempt from reduction under any order issued under
this part:
GSE Preferred Stock Purchase Agreements (20-0125-0-
1-371).
Office of Financial Stability (20-0128-0-1-376).
Special Inspector General for the Troubled Asset
Relief Program (20-0133-0-1-376).
(j) Split Treatment Programs.--Each of the following
programs shall be exempt from any order under this part to the
extent that the budgetary resources of such programs are
subject to obligation limitations in appropriations bills:
Federal-Aid Highways (69-8083-0-7-401).
Highway Traffic Safety Grants (69-8020-0-7-401).
Operations and Research NHTSA and National Driver Register
(69-8016-0-7-401).
Motor Carrier Safety Operations and Programs (69-8159-0-7-
401).
Motor Carrier Safety Grants (69-8158-0-7-401).
Formula and Bus Grants (69-8350-0-7-401).
Grants-In-Aid for Airports (69-8106-0-7-402).
(j) Identification of Programs.--For purposes of
subsections (b), (g), and (h), each account is identified by
the designated budget account identification code number set
forth in the Budget of the United States Government 2010-
Appendix, and an activity within an account is designated by
the name of the activity and the identification code number of
the account.
SEC. 256. [2 U.S.C. 906] GENERAL AND SPECIAL SEQUESTRATION RULES.
(b) Student Loans.--For all student loans under part B or D
of title IV of the Higher Education Act of 1965 made during the
period when a sequestration order under section 254 is in
effect as required by section 252 or 253, origination fees
under sections 438(c)(2) and (6) and 455(c) and loan processing
and issuance fees under section 428(f)(1)(A)(ii) of that Act
shall each be increased by the uniform percentage specified in
that sequestration order, and, for student loans originated
during the period of the sequestration, special allowance
payments under section 438(b) of that Act accruing during the
period of the sequestration shall be reduced by the uniform
percentage specified in that sequestration order.
(d) Special Rules for Medicare Program.--
(1) Calculation of reduction in payment amounts.--
To achieve the total percentage reduction in those
programs required by section 252 or 253, subject to
paragraph (2), and notwithstanding section 710 of the
Social Security Act, OMB shall determine, and the
applicable Presidential order under section 254 shall
implement, the percentage reduction that shall apply,
with respect to the health insurance programs under
title XVIII of the Social Security Act--
(A) in the case of parts A and B of such
title, to individual payments for services
furnished during the one-year period beginning
on the first day of the first month beginning
after the date the order is issued (or, if
later, the date specified in paragraph (4));
and
(B) in the case of parts C and D, to
monthly payments under contracts under such
parts for the same one-year period;
such that the reduction made in payments under that
order shall achieve the required total percentage
reduction in those payments for that period.
(2) Uniform reduction rate; maximum permissible
reduction.--Reductions in payments for programs and
activities under such title XVIII pursuant to a
sequestration order under section 254 shall be at a
uniform rate, which shall not exceed 4 percent, across
all such programs and activities subject to such order.
(3) Timing of application of reductions.--
(A) In general.--Except as provided in
subparagraph (B), if a reduction is made under
paragraph (1) in payment amounts pursuant to a
sequestration order, the reduction shall be
applied to payment for services furnished
during the effective period of the order. For
purposes of the previous sentence, in the case
of inpatient services furnished for an
individual, the services shall be considered to
be furnished on the date of the individual's
discharge from the inpatient facility.
(B) Payment on the basis of cost reporting
periods.--In the case in which payment for
services of a provider of services is made
under title XVIII of the Social Security Act on
a basis relating to the reasonable cost
incurred for the services during a cost
reporting period of the provider, if a
reduction is made under paragraph (1) in
payment amounts pursuant to a sequestration
order, the reduction shall be applied to
payment for costs for such services incurred at
any time during each cost reporting period of
the provider any part of which occurs during
the effective period of the order, but only
(for each such cost reporting period) in the
same proportion as the fraction of the cost
reporting period that occurs during the
effective period of the order.
(4) Timing of subsequent sequestration order.--A
sequestration order required by section 252 or 253 with
respect to programs under such title XVIII shall not
take effect until the first month beginning after the
end of the effective period of any prior sequestration
order with respect to such programs, as determined in
accordance with paragraph (1).
(5) No increase in beneficiary charges in
assignment-related cases.--If a reduction in payment
amounts is made under paragraph (1) for services for
which payment under part B of title XVIII of the Social
Security Act is made on the basis of an assignment
described in section 1842(b)(3)(B)(ii), in accordance
with section 1842(b)(6)(B), or under the procedure
described in section 1870(f)(1), of such Act, the
person furnishing the services shall be considered to
have accepted payment of the reasonable charge for the
services, less any reduction in payment amount made
pursuant to a sequestration order, as payment in full.
(6) Sequestration disregarded in computing payment
amounts.--The Secretary of Health and Human Services
shall not take into account any reductions in payment
amounts which have been or may be effected under this
part, for purposes of computing any adjustments to
payment rates under such title XVIII, specifically
including--
(A) the part C growth percentage under
section 1853(c)(6);
(B) the part D annual growth rate under
section 1860D-2(b)(6); and
(C) application of risk corridors to part D
payment rates under section 1860D-15(e).
(7) Exemptions from sequestration.--In addition to
the programs and activities specified in section 255,
the following shall be exempt from sequestration under
this part:
(A) Part d low-income subsidies.--Premium
and cost-sharing subsidies under section 1860D-
14 of the Social Security Act.
(B) Part d catastrophic subsidy.--Payments
under section 1860D-15(b) and (e)(2)(B) of the
Social Security Act.
(C) Qualified individual (qi) premiums.--
Payments to States for coverage of Medicare
cost-sharing for certain low-income Medicare
beneficiaries under section 1933 of the Social
Security Act.
(e) Community and Migrant Health Centers, Indian Health
Services and Facilities, and Veterans' Medical Care.--
(1) The maximum permissible reduction in budget
authority for any account listed in paragraph (2) for
any fiscal year, pursuant to an order issued under
section 254, shall be 2 percent.
(2) The accounts referred to in paragraph (1) are
as follows:
(A) Community health centers (75-0350-0-1-
550).
(B) Migrant health centers (75-0350-0-1-
550).
(C) Indian health facilities (75-0391-0-1-
551).
(D) Indian health services (75-0390-0-1-
551).
(E) Veterans' medical care (36-0160-0-1-
703).
For purposes of the preceding provisions of this
paragraph, programs are identified by the designated
budget account identification code numbers set forth in
the Budget of the United States Government--Appendix.
(f) Treatment of Child Support Enforcement Program.--
Notwithstanding any change in the display of budget accounts,
any order issued by the President under section 254 shall
accomplish the full amount of any required reduction in
expenditures under sections 455 and 458 of the Social Security
Act by reducing the Federal matching rate for State
administrative costs under such program, as specified (for the
fiscal year involved) in section 455(a) of such Act, to the
extent necessary to reduce such expenditures by that amount.
(g) Federal Pay.--
(1) In general.--For purposes of any order issued
under section 254--
(A) Federal pay under a statutory pay
system, and
(B) elements of military pay,
shall be subject to reduction under an order in the
same manner as other administrative expense components
of the Federal budget; except that no such order may
reduce or have the effect of reducing the rate of pay
to which any individual is entitled under any such
statutory pay system (as increased by any amount
payable under section 5304 of title 5, United States
Code, or section 302 of the Federal Employees Pay
Comparability Act of 1990) or the rate of any element
of military pay to which any individual is entitled
under title 37, United States Code, or any increase in
rates of pay which is scheduled to take effect under
section 5303 of title 5, United States Code, section
1009 of title 37, United States Code, or any other
provision of law.
(2) Definitions.--For purposes of this subsection:
(A) The term ``statutory pay system'' shall
have the meaning given that term in section
5302(1) of title 5, United States Code.
(B) The term ``elements of military pay''
means--
(i) the elements of compensation of
members of the uniformed services
specified in section 1009 of title 37,
United States Code,
(ii) allowances provided members of
the uniformed services under sections
403a and 405 of such title, and
(iii) cadet pay and midshipman pay
under section 203(c) of such title.
(C) The term ``uniformed services'' shall
have the meaning given that term in section
101(3) of title 37, United States Code.
(h) Treatment of Federal Administrative Expenses.--
(1) Notwithstanding any other provision of this
title, administrative expenses incurred by the
departments and agencies, including independent
agencies, of the Federal Government in connection with
any program, project, activity, or account shall be
subject to reduction pursuant to an order issued under
section 254, without regard to any exemption,
exception, limitation, or special rule which is
otherwise applicable with respect to such program,
project, activity, or account under this part.
(2) Notwithstanding any other provision of law,
administrative expenses of any program, project,
activity, or account which is self-supporting and does
not receive appropriations shall be subject to
reduction under a sequester order, unless specifically
exempted in this part.
(3) Payments made by the Federal Government to
reimburse or match administrative costs incurred by a
State or political subdivision under or in connection
with any program, project, activity, or account shall
not be considered administrative expenses of the
Federal Government for purposes of this section, and
shall be subject to reduction or sequestration under
this part to the extent (and only to the extent) that
other payments made by the Federal Government under or
in connection with that program, project, activity, or
account are subject to such reduction or sequestration;
except that Federal payments made to a State as
reimbursement of administrative costs incurred by such
State under or in connection with the unemployment
compensation programs specified in subsection (h)(1)
shall be subject to reduction or sequestration under
this part notwithstanding the exemption otherwise
granted to such programs under that subsection.
(4) Notwithstanding any other provision of law,
this subsection shall not apply with respect to the
following:
(A) Comptroller of the Currency.
(B) Federal Deposit Insurance Corporation.
(C) Office of Thrift Supervision.
(D) National Credit Union Administration.
(E) National Credit Union Administration,
central liquidity facility.
(F) Federal Retirement Thrift Investment
Board.
(G) Resolution Trust Corporation.
(H) Farm Credit Administration.
(i) Treatment of Payments and Advances Made With Respect to
Unemployment Compensation Programs.--
(1) For purposes of section 254--
(A) any amount paid as regular unemployment
compensation by a State from its account in the
Unemployment Trust Fund (established by section
904(a) of the Social Security Act),
(B) any advance made to a State from the
Federal unemployment account (established by
section 904(g) of such Act) under title XII of
such Act and any advance appropriated to the
Federal unemployment account pursuant to
section 1203 of such Act, and
(C) any payment made from the Federal
Employees Compensation Account (as established
under section 909 of such Act) for the purpose
of carrying out chapter 85 of title 5, United
States Code, and funds appropriated or
transferred to or otherwise deposited in such
Account,
shall not be subject to reduction.
(2)(A) A State may reduce each weekly benefit
payment made under the Federal-State Extended
Unemployment Compensation Act of 1970 for any week of
unemployment occurring during any period with respect
to which payments are reduced under an order issued
under section 254 by a percentage not to exceed the
percentage by which the Federal payment to the State
under section 204 of such Act is to be reduced for such
week as a result of such order.
(B) A reduction by a State in accordance
with subparagraph (A) shall not be considered
as a failure to fulfill the requirements of
section 3304(a)(11) of the Internal Revenue
Code of 1954.
(j) Commodity Credit Corporation.--
(1) Powers and authorities of the commodity credit
corporation.--This title shall not restrict the
Commodity Credit Corporation in the discharge of its
authority and responsibility as a corporation to buy
and sell commodities in world trade, to use the
proceeds as a revolving fund to meet other obligations
and otherwise operate as a corporation, the purpose for
which it was created.
(2) Reduction in payments made under contracts.--
(A) Loan eligibility under any contract
entered into with a person by the Commodity
Credit Corporation prior to the time an order
has been issued under section 254 shall not be
reduced by an order subsequently issued.
Subject to subparagraph (B), after an order is
issued under such section for a fiscal year,
any cash payments for loans or loan
deficiencies made by the Commodity Credit
Corporation shall be subject to reduction under
the order.
(B) Each loan contract entered into with
producers or producer cooperatives with respect
to a particular crop of a commodity and subject
to reduction under subparagraph (A) shall be
reduced in accordance with the same terms and
conditions. If some, but not all, contracts
applicable to a crop of a commodity have been
entered into prior to the issuance of an order
under section 254, the order shall provide that
the necessary reduction in payments under
contracts applicable to the commodity be
uniformly applied to all contracts for the next
succeeding crop of the commodity, under the
authority provided in paragraph (3).
(3) Delayed reduction in outlays permissible.--
Notwithstanding any other provision of this title, if
an order under section 254 is issued with respect to a
fiscal year, any reduction under the order applicable
to contracts described in paragraph (1) may provide for
reductions in outlays for the account involved to occur
in the fiscal year following the fiscal year to which
the order applies.
(4) Uniform percentage rate of reduction and other
limitations.--All reductions described in paragraph (2)
which are required to be made in connection with an
order issued under section 254 with respect to a fiscal
year shall be made so as to ensure that outlays for
each program, project, activity, or account involved
are reduced by a percentage rate that is uniform for
all such programs, projects, activities, and accounts,
and may not be made so as to achieve a percentage rate
of reduction in any such item exceeding the rate
specified in the order.
(5) Dairy program.--Notwithstanding any other
provision of this subsection, as the sole means of
achieving any reduction in outlays under the milk price
support program, the Secretary of Agriculture shall
provide for a reduction to be made in the price
received by producers for all milk produced in the
United States and marketed by producers for commercial
use. That price reduction (measured in cents per
hundred weight of milk marketed) shall occur under
section 201(d)(2)(A) of the Agricultural Act of 1949 (7
U.S.C. 1446(d)(2)(A)), shall begin on the day any
sequestration order is issued under section 254, and
shall not exceed the aggregate amount of the reduction
in outlays under the milk price support program that
otherwise would have been achieved by reducing payments
for the purchase of milk or the products of milk under
this subsection during the applicable fiscal year.
(6) Certain authority not to be limited.--Nothing
in this joint resolution shall limit or reduce, in any
way, any appropriation that provides the Commodity
Credit Corporation with budget authority to cover the
Corporation's net realized losses.
(k) Effects of Sequestration.--The effects of sequestration
shall be as follows:
(1) Budgetary resources sequestered from any
account shall be permanently cancelled, except as
provided in paragraph (6).
(2) Except as otherwise provided, the same
percentage sequestration shall apply to all programs,
projects, and activities within a budget account (with
programs, projects, and activities as delineated in the
appropriation Act or accompanying report for the
relevant fiscal year covering that account, or for
accounts not included in appropriation Acts, as
delineated in the most recently submitted President's
budget).
(3) Administrative regulations or similar actions
implementing a sequestration shall be made within 120
days of the sequestration order. To the extent that
formula allocations differ at different levels of
budgetary resources within an account, program,
project, or activity, the sequestration shall be
interpreted as producing a lower total appropriation,
with the remaining amount of the appropriation being
obligated in a manner consistent with program
allocation formulas in substantive law.
(4) Except as otherwise provided, obligations in
sequestered accounts shall be reduced only in the
fiscal year in which a sequester occurs.
(5) If an automatic spending increase is
sequestered, the increase (in the applicable index)
that was disregarded as a result of that sequestration
shall not be taken into account in any subsequent
fiscal year.
(6) Budgetary resources sequestered in revolving,
trust, and special fund accounts and offsetting
collections sequestered in appropriation accounts shall
not be available for obligation during the fiscal year
in which the sequestration occurs, but shall be
available in subsequent years to the extent otherwise
provided in law.
H4 deg.SEC. 257. [2 U.S.C. 907] THE BASELINE.
(a) In General.--For any budget year, the baseline refers
to a projection of current-year levels of new budget authority,
outlays, revenues, and the surplus or deficit into the budget
year and the outyears based on laws enacted through the
applicable date.
(b) Direct Spending and Receipts.--For the budget year and
each outyear, the baseline shall be calculated using the
following assumptions:
(1) In general.--Laws providing or creating direct
spending and receipts are assumed to operate in the
manner specified in those laws for each such year and
funding for entitlement authority is assumed to be
adequate to make all payments required by those laws.
(2) Exceptions.--
(A)(i) No program established by a law
enacted on or before the date of enactment of
the Balanced Budget Act of 1997 with estimated
current year outlays greater than $50,000,000
shall be assumed to expire in the budget year
or the outyears. The scoring of new programs
with estimated outlays greater than $50,000,000
a year shall be based on scoring by the
Committees on Budget or OMB, as applicable.
OMB, CBO, and the Budget Committees shall
consult on the scoring of such programs where
there are differenes between CBO and OMB.
(ii) On the expiration of the
suspension of a provision of law that
is suspended under section 171 of
Public Law 104-127 and that authorizes
a program with estimated fiscal year
outlays that are greater than
$50,000,000, for purposes of clause
(i), the program shall be assumed to
continue to operate in the same manner
as the program operated immediately
before the expiration of the
suspension.
(B) The increase for veterans' compensation
for a fiscal year is assumed to be the same as
that required by law for veterans' pensions
unless otherwise provided by law enacted in
that session.
(C) Excise taxes dedicated to a trust fund,
if expiring, are assumed to be extended at
current rates.
(D) If any law expires before the budget
year or any outyear, then any program with
estimated current year outlays greater than
$50,000,000 that operates under that law shall
be assumed to continue to operate under that
law as in effect immediately before its
expiration.
(3) Hospital insurance trust fund.--Notwithstanding
any other provision of law, the receipts and
disbursements of the Hospital Insurance Trust Fund
shall be included in all calculations required by this
Act.
(c) Discretionary Appropriations.--For the budget year and
each outyear, the baseline shall be calculated using the
following assumptions regarding all amounts other than those
covered by subsection (b):
(1) Inflation of current-year appropriations.--
Budgetary resources other than unobligated balances
shall be at the level provided for the budget year in
full-year appropriation Acts. If for any account a
full-year appropriation has not yet been enacted,
budgetary resources other than unobligated balances
shall be at the level available in the current year,
adjusted sequentially and cumulatively for expiring
housing contracts as specified in paragraph (2), for
social insurance administrative expenses as specified
in paragraph (3), to offset pay absorption and for pay
annualization as specified in paragraph (4), for
inflation as specified in paragraph (5), and to account
for changes required by law in the level of agency
payments for personnel benefits other than pay.
(2) Expiring housing contracts.--New budget
authority to renew expiring multiyear subsidized
housing contracts shall be adjusted to reflect the
difference in the number of such contracts that are
scheduled to expire in that fiscal year and the number
expiring in the current year, with the per-contract
renewal cost equal to the average current-year cost of
renewal contracts.
(3) Social insurance administrative expenses.--
Budgetary resources for the administrative expenses of
the following trust funds shall be adjusted by the
percentage change in the beneficiary population from
the current year to that fiscal year: the Federal
Hospital Insurance Trust Fund, the Supplementary
Medical Insurance Trust Fund, the Unemployment Trust
Fund, and the railroad retirement account.
(4) Pay annualization; offset to pay absorption.--
Current-year new budget authority for Federal employees
shall be adjusted to reflect the full 12-month costs
(without absorption) of any pay adjustment that
occurred in that fiscal year.
(5) Inflators.--The inflator used in paragraph (1)
to adjust budgetary resources relating to personnel
shall be the percent by which the average of the Bureau
of Labor Statistics Employment Cost Index (wages and
salaries, private industry workers) for that fiscal
year differs from such index for the current year. The
inflator used in paragraph (1) to adjust all other
budgetary resources shall be the percent by which the
average of the estimated gross domestic product chain-
type price index for that fiscal year differs from the
average of such estimated index for the current year.
(6) Current-year appropriations.--If, for any
account, a continuing appropriation is in effect for
less than the entire current year, then the current-
year amount shall be assumed to equal the amount that
would be available if that continuing appropriation
covered the entire fiscal year. If law permits the
transfer of budget authority among budget accounts in
the current year, the current-year level for an account
shall reflect transfers accomplished by the submission
of, or assumed for the current year in, the President's
original budget for the budget year.
(d) Up-to-Date Concepts.--In deriving the baseline for any
budget year or outyear, current-year amounts shall be
calculated using the concepts and definitions that are required
for that budget year.
(e) Asset Sales.--Amounts realized from the sale of an
asset shall not be included in estimates under section 251,
252, or 253 if that sale would result in a financial cost to
the Federal Government as determined pursuant to scorekeeping
guidelines.
H4 deg.SEC. 258. [2 U.S.C. 907A] SUSPENSION IN THE EVENT OF
WAR OR LOW GROWTH.\60\
(a) Procedures in the Event of a Low Growth Report.--
---------------------------------------------------------------------------
\60\ The Congressional Budget Office is not required to prepare a
report under this section pursuant to section 104(b) of the Budget
Control Act of 2011.
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(1) Trigger.--Whenever CBO issues a low-growth
report under section 254(j), the Majority Leader of the
House of Representatives may, and the Majority Leader
of the Senate shall, introduce a joint resolution (in
the form set forth in paragraph (2)) declaring that the
conditions specified in section 254(j) are met and
suspending the relevant provisions of this title,
titles III and VI of the Congressional Budget Act of
1974, and section 1103 of title 31, United States Code.
(2) Form of joint resolution.--
(A) The matter after the resolving clause
in any joint resolution introduced pursuant to
paragraph (1) shall be as follows: ``That the
Congress declares that the conditions specified
in section 254(j) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are met,
and the implementation of the Congressional
Budget and Impoundment Control Act of 1974,
chapter 11 of title 31, United States Code, and
part C of the Balanced Budget and Emergency
Deficit Control Act of 1985 are modified as
described in section 258(b) of the Balanced
Budget and Emergency Deficit Control Act of
1985.''.
(B) The title of the joint resolution shall
be ``Joint resolution suspending certain
provisions of law pursuant to section 258(a)(2)
of the Balanced Budget and Emergency Deficit
Control Act of 1985.''; and the joint
resolution shall not contain any preamble.
(3) Committee action.--Each joint resolution
introduced pursuant to paragraph (1) shall be referred
to the appropriate committees of the House of
Representatives or the Committee on the Budget of the
Senate, as the case may be; and such Committee shall
report the joint resolution to its House without
amendment on or before the fifth day on which such
House is in session after the date on which the joint
resolution is introduced. If the Committee fails to
report the joint resolution within the five-day period
referred to in the preceding sentence, it shall be
automatically discharged from further consideration of
the joint resolution, and the joint resolution shall be
placed on the appropriate calendar.
(4) Consideration of joint resolution.--
(A) A vote on final passage of a joint
resolution reported to the Senate or discharged
pursuant to paragraph (3) shall be taken on or
before the close of the fifth calendar day of
session after the date on which the joint
resolution is reported or after the Committee
has been discharged from further consideration
of the joint resolution. If prior to the
passage by one House of a joint resolution of
that House, that House receives the same joint
resolution from the other House, then--
(i) the procedure in that House
shall be the same as if no such joint
resolution had been received from the
other House, but
(ii) the vote on final passage
shall be on the joint resolution of the
other House.
When the joint resolution is agreed to, the
Clerk of the House of Representatives (in the
case of a House joint resolution agreed to in
the House of Representatives) or the Secretary
of the Senate (in the case of a Senate joint
resolution agreed to in the Senate) shall cause
the joint resolution to be engrossed,
certified, and transmitted to the other House
of the Congress as soon as practicable.
(B)(i) In the Senate, a joint resolution
under this paragraph shall be privileged. It
shall not be in order to move to reconsider the
vote by which the motion is agreed to or
disagreed to.
(ii) Debate in the Senate on a
joint resolution under this paragraph,
and all debatable motions and appeals
in connection therewith, shall be
limited to not more than five hours.
The time shall be equally divided
between, and controlled by, the
majority leader and the minority leader
or their designees.
(iii) Debate in the Senate on any
debatable motion or appeal in
connection with a joint resolution
under this paragraph shall be limited
to not more than one hour, to be
equally divided between, and controlled
by, the mover and the manager of the
joint resolution, except that in the
event the manager of the joint
resolution is in favor of any such
motion or appeal, the time in
opposition thereto shall be controlled
by the minority leader or his designee.
(iv) A motion in the Senate to
further limit debate on a joint
resolution under this paragraph is not
debatable. A motion to table or to
recommit a joint resolution under this
paragraph is not in order.
(C) No amendment to a joint resolution
considered under this paragraph shall be in
order in the Senate.
(b) Suspension of Sequestration Procedures.--Upon the
enactment of a declaration of war--
(1) the subsequent issuance of any sequestration
report or any sequestration order is precluded;
(2) sections 302(f), 310(d), 311(a), and title VI
of the Congressional Budget Act of 1974 are suspended;
and
(3) section 1103 of title 31, United States Code,
is suspended.
(c) Restoration of Sequestration Procedures.--
(1) In the event of a suspension of sequestration
procedures due to a declaration of war, then, effective
with the first fiscal year that begins in the session
after the state of war is concluded by Senate
ratification of the necessary treaties, the provisions
of subsection (b) triggered by that declaration of war
are no longer effective.
(2) In the event of a suspension of sequestration
procedures due to the enactment of a joint resolution
described in subsection (a), then, effective with
regard to the first fiscal year beginning at least 12
months after the enactment of that resolution, the
provisions of subsection (b) triggered by that
resolution are no longer effective.
H4 deg.SEC. 258A. [2 U.S.C. 907B] MODIFICATION OF
PRESIDENTIAL ORDER.
(a) Introduction of Joint Resolution.--At any time after
the Director of OMB issues a final sequestration report under
section 254 for a fiscal year, but before the close of the
twentieth calendar day of the session of Congress beginning
after the date of issuance of such report, the majority leader
of either House of Congress may introduce a joint resolution
which contains provisions directing the President to modify the
most recent order issued under section 254 or provide an
alternative to reduce the deficit for such fiscal year. After
the introduction of the first such joint resolution in either
House of Congress in any calendar year, then no other joint
resolution introduced in such House in such calendar year shall
be subject to the procedures set forth in this section.
(b) Procedures for Consideration of Joint Resolutions.--
(1) Referral to committee.--A joint resolution
introduced in the Senate under subsection (a) shall not
be referred to a committee of the Senate and shall be
placed on the calendar pending disposition of such
joint resolution in accordance with this subsection.
(2) Consideration in the senate.--On or after the
third calendar day (excluding Saturdays, Sundays, and
legal holidays) beginning after a joint resolution is
introduced under subsection (a), notwithstanding any
rule or precedent of the Senate, including Rule XXII of
the Standing Rules of the Senate, it is in order (even
though a previous motion to the same effect has been
disagreed to) for any Member of the Senate to move to
proceed to the consideration of the joint resolution.
The motion is not in order after the eighth calendar
day (excluding Saturdays, Sundays, and legal holidays)
beginning after a joint resolution (to which the motion
applies) is introduced. The joint resolution is
privileged in the Senate. A motion to reconsider the
vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the
consideration of the joint resolution is agreed to, the
Senate shall immediately proceed to consideration of
the joint resolution without intervening motion, order,
or other business, and the joint resolution shall
remain the unfinished business of the Senate until
disposed of.
(3) Debate in the senate.--
(A) In the Senate, debate on a joint
resolution introduced under subsection (a),
amendments thereto, and all debatable motions
and appeals in connection therewith shall be
limited to not more than 10 hours, which shall
be divided equally between the majority leader
and the minority leader (or their designees).
(B) A motion to postpone, or a motion to
proceed to the consideration of other business
is not in order. A motion to reconsider the
vote by which the joint resolution is agreed to
or disagreed to is not in order, and a motion
to recommit the joint resolution is not in
order.
(C)(i) No amendment that is not germane to
the provisions of the joint resolution or to
the order issued under section 254 shall be in
order in the Senate. In the Senate, an
amendment, any amendment to an amendment, or
any debatable motion or appeal is debatable for
not to exceed 30 minutes to be equally divided
between, and controlled by, the mover and the
majority leader (or their designees), except
that in the event that the majority leader
favors the amendment, motion, or appeal, the
minority leader (or the minority leader's
designee) shall control the time in opposition
to the amendment, motion, or appeal.
(ii) In the Senate, an amendment
that is otherwise in order shall be in
order notwithstanding the fact that it
amends the joint resolution in more
than one place or amends language
previously amended. It shall not be in
order in the Senate to vote on the
question of agreeing to such a joint
resolution or any amendment thereto
unless the figures then contained in
such joint resolution or amendment are
mathematically consistent.
(4) Vote on final passage.--Immediately following
the conclusion of the debate on a joint resolution
introduced under subsection (a), a single quorum call
at the conclusion of the debate if requested in
accordance with the rules of the Senate, and the
disposition of any pending amendments under paragraph
(3), the vote on final passage of the joint resolution
shall occur.
(5) Appeals.--Appeals from the decisions of the
Chair shall be decided without debate.
(6) Conference reports.--In the Senate, points of
order under titles III, IV, and VI of the Congressional
Budget Act of 1974 are applicable to a conference
report on the joint resolution or any amendments in
disagreement thereto.
(7) Resolution from other house.--If, before the
passage by the Senate of a joint resolution of the
Senate introduced under subsection (a), the Senate
receives from the House of Representatives a joint
resolution introduced under subsection (a), then the
following procedures shall apply:
(A) The joint resolution of the House of
Representatives shall not be referred to a
committee and shall be placed on the calendar.
(B) With respect to a joint resolution
introduced under subsection (a) in the Senate--
(i) the procedure in the Senate
shall be the same as if no joint
resolution had been received from the
House; but
(ii)(I) the vote on final passage
shall be on the joint resolution of the
House if it is identical to the joint
resolution then pending for passage in
the Senate; or
(II) if the joint resolution from
the House is not identical to the joint
resolution then pending for passage in
the Senate and the Senate then passes
the Senate joint resolution, the Senate
shall be considered to have passed the
House joint resolution as amended by
the text of the Senate joint
resolution.
(C) Upon disposition of the joint
resolution received from the House, it shall no
longer be in order to consider the resolution
originated in the Senate.
(8) Senate action on house resolution.--If the
Senate receives from the House of Representatives a
joint resolution introduced under subsection (a) after
the Senate has disposed of a Senate originated
resolution which is identical to the House passed joint
resolution, the action of the Senate with regard to the
disposition of the Senate originated joint resolution
shall be deemed to be the action of the Senate with
regard to the House originated joint resolution. If it
is not identical to the House passed joint resolution,
then the Senate shall be considered to have passed the
joint resolution of the House as amended by the text of
the Senate joint resolution.
H4 deg.SEC. 258B. [2 U.S.C. 907C] FLEXIBILITY AMONG DEFENSE
PROGRAMS, PROJECTS, AND ACTIVITIES.
(a) Subject to subsections (b), (c), and (d), new budget
authority and unobligated balances for any programs, projects,
or activities within major functional category 050 (other than
a military personnel account) may be further reduced beyond the
amount specified in an order issued by the President under
section 254 for such fiscal year. To the extent such additional
reductions are made and result in additional outlay reductions,
the President may provide for lesser reductions in new budget
authority and unobligated balances for other programs,
projects, or activities within major functional category 050
for such fiscal year, but only to the extent that the resulting
outlay increases do not exceed the additional outlay
reductions, and no such program, project, or activity may be
increased above the level actually made available by law in
appropriation Acts (before taking sequestration into account).
In making calculations under this subsection, the President
shall use account outlay rates that are identical to those used
in the report by the Director of OMB under section 254.
(b) No actions taken by the President under subsection (a)
for a fiscal year may result in a domestic base closure or
realignment that would otherwise be subject to section 2687 of
title 10, United States Code.
(c) The President may not exercise the authority provided
by this paragraph for a fiscal year unless--
(1) the President submits a single report to
Congress specifying, for each account, the detailed
changes proposed to be made for such fiscal year
pursuant to this section;
(2) that report is submitted within 5 calendar days
of the start of the next session of Congress; and
(3) a joint resolution affirming or modifying the
changes proposed by the President pursuant to this
paragraph becomes law.
(d) Within 5 calendar days of session after the President
submits a report to Congress under subsection (c)(1) for a
fiscal year, the majority leader of each House of Congress
shall (by request) introduce a joint resolution which contains
provisions affirming the changes proposed by the President
pursuant to this paragraph.
(e)(1) The matter after the resolving clause in any joint
resolution introduced pursuant to subsection (d) shall be as
follows: ``That the report of the President as submitted on
[Insert Date] under section 258B is hereby approved.''.
(2) The title of the joint resolution shall be
``Joint resolution approving the report of the
President submitted under section 258B of the Balanced
Budget and Emergency Deficit Control Act of 1985.''.
(3) Such joint resolution shall not contain any
preamble.
(f)(1) A joint resolution introduced in the Senate under
subsection (d) shall be referred to the Committee on
Appropriations, and if not reported within 5 calendar days
(excluding Saturdays, Sundays, and legal holidays) from the
date of introduction shall be considered as having been
discharged therefrom and shall be placed on the appropriate
calendar pending disposition of such joint resolution in
accordance with this subsection. In the Senate, no amendment
proposed in the Committee on Appropriations shall be in order
other than an amendment (in the nature of a substitute) that is
germane or relevant to the provisions of the joint resolution
or to the order issued under section 254. For purposes of this
paragraph, an amendment shall be considered to be relevant if
it relates to function 050 (national defense).
(2) On or after the third calendar day (excluding
Saturdays, Sundays, and legal holidays) beginning after
a joint resolution is placed on the Senate calendar,
notwithstanding any rule or precedent of the Senate,
including Rule XXII of the Standing Rules of the
Senate, it is in order (even though a previous motion
to the same effect has been disagreed to) for any
Member of the Senate to move to proceed to the
consideration of the joint resolution. The motion is
not in order after the eighth calendar day (excluding
Saturdays, Sundays, and legal holidays) beginning after
such joint resolution is placed on the appropriate
calendar. The motion is not debatable. The joint
resolution is privileged in the Senate. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to
proceed to the consideration of the joint resolution is
agreed to, the Senate shall immediately proceed to
consideration of the joint resolution without
intervening motion, order, or other business, and the
joint resolution shall remain the unfinished business
of the Senate until disposed of.
(g)(1) In the Senate, debate on a joint resolution
introduced under subsection (d), amendments thereto, and all
debatable motions and appeals in connection therewith shall be
limited to not more than 10 hours, which shall be divided
equally between the majority leader and the minority leader (or
their designees).
(2) A motion to postpone, or a motion to proceed to
the consideration of other business is not in order. A
motion to reconsider the vote by which the joint
resolution is agreed to or disagreed to is not in
order. In the Senate, a motion to recommit the joint
resolution is not in order.
(h)(1) No amendment that is not germane or relevant to the
provisions of the joint resolution or to the order issued under
section 254 shall be in order in the Senate. For purposes of
this paragraph, an amendment shall be considered to be relevant
if it relates to function 050 (national defense). In the
Senate, an amendment, any amendment to an amendment, or any
debatable motion or appeal is debatable for not to exceed 30
minutes to be equally divided between, and controlled by, the
mover and the majority leader (or their designees), except that
in the event that the majority leader favors the amendment,
motion, or appeal, the minority leader (or the minority
leader's designee) shall control the time in opposition to the
amendment, motion, or appeal.
(2) In the Senate, an amendment that is otherwise
in order shall be in order notwithstanding the fact
that it amends the joint resolution in more than one
place or amends language previously amended, so long as
the amendment makes or maintains mathematical
consistency. It shall not be in order in the Senate to
vote on the question of agreeing to such a joint
resolution or any amendment thereto unless the figures
then contained in such joint resolution or amendment
are mathematically consistent.
(3) It shall not be in order in the Senate to
consider any amendment to any joint resolution
introduced under subsection (d) or any conference
report thereon if such amendment or conference report
would have the effect of decreasing any specific budget
outlay reductions below the level of such outlay
reductions provided in such joint resolution unless
such amendment or conference report makes a reduction
in other specific budget outlays at least equivalent to
any increase in outlays provided by such amendment or
conference report.
(4) For purposes of the application of paragraph
(3), the level of outlays and specific budget outlay
reductions provided in an amendment shall be determined
on the basis of estimates made by the Committee on the
Budget of the Senate.
(i) Immediately following the conclusion of the debate on a
joint resolution introduced under subsection (d), a single
quorum call at the conclusion of the debate if requested in
accordance with the rules of the Senate, and the disposition of
any pending amendments under subsection (h), the vote on final
passage of the joint resolution shall occur.
(j) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure
relating to a joint resolution described in subsection (d)
shall be decided without debate.
(k) In the Senate, points of order under titles III and IV
of the Congressional Budget Act of 1974 (including points of
order under sections 302(c), 303(a), 306, and 401(b)(1)) are
applicable to a conference report on the joint resolution or
any amendments in disagreement thereto.
(l) If, before the passage by the Senate of a joint
resolution of the Senate introduced under subsection (d), the
Senate receives from the House of Representatives a joint
resolution introduced under subsection (d), then the following
procedures shall apply:
(1) The joint resolution of the House of
Representatives shall not be referred to a committee.
(2) With respect to a joint resolution introduced
under subsection (d) in the Senate--
(A) the procedure in the Senate shall be
the same as if no joint resolution had been
received from the House; but
(B)(i) the vote on final passage shall be
on the joint resolution of the House if it is
identical to the joint resolution then pending
for passage in the Senate; or
(ii) if the joint resolution from
the House is not identical to the joint
resolution then pending for passage in
the Senate and the Senate then passes
the Senate joint resolution, the Senate
shall be considered to have passed the
House joint resolution as amended by
the text of the Senate joint
resolution.
(3) Upon disposition of the joint resolution
received from the House, it shall no longer be in order
to consider the joint resolution originated in the
Senate.
(m) If the Senate receives from the House of
Representatives a joint resolution introduced under subsection
(d) after the Senate has disposed of a Senate originated joint
resolution which is identical to the House passed joint
resolution, the action of the Senate with regard to the
disposition of the Senate originated joint resolution shall be
deemed to be the action of the Senate with regard to the House
originated joint resolution. If it is not identical to the
House passed joint resolution, then the Senate shall be
considered to have passed the joint resolution of the House as
amended by the text of the Senate joint resolution.
H4 deg.SEC. 258C. [2 U.S.C. 907D] SPECIAL RECONCILIATION
PROCESS.
(a) Reporting of Resolutions and Reconciliation Bills and
Resolutions, in the Senate.--
(1) Committee alternatives to presidential order.--
After the submission of an OMB sequestration update
report under section 254 that envisions a sequestration
under section 252 or 253, each standing committee of
the Senate may, not later than October 10, submit to
the Committee on the Budget of the Senate information
of the type described in section 301(d) of the
Congressional Budget Act of 1974 with respect to
alternatives to the order envisioned by such report
insofar as such order affects laws within the
jurisdiction of the committee.
(2) Initial budget committee action.--After the
submission of such a report, the Committee on the
Budget of the Senate may, not later than October 15,
report to the Senate a resolution. The resolution may
affirm the impact of the order envisioned by such
report, in whole or in part. To the extent that any
part is not affirmed, the resolution shall state which
parts are not affirmed and shall contain instructions
to committees of the Senate of the type referred to in
section 310(a) of the Congressional Budget Act of 1974,
sufficient to achieve at least the total level of
deficit reduction contained in those sections which are
not affirmed.
(3) Response of committees.--Committees instructed
pursuant to paragraph (2), or affected thereby, shall
submit their responses to the Budget Committee no later
than 10 days after the resolution referred to in
paragraph (2) is agreed to, except that if only one
such Committee is so instructed such Committee shall,
by the same date, report to the Senate a reconciliation
bill or reconciliation resolution containing its
recommendations in response to such instructions. A
committee shall be considered to have complied with all
instructions to it pursuant to a resolution adopted
under paragraph (2) if it has made recommendations with
respect to matters within its jurisdiction which would
result in a reduction in the deficit at least equal to
the total reduction directed by such instructions.
(4) Budget committee action.--Upon receipt of the
recommendations received in response to a resolution
referred to in paragraph (2), the Budget Committee
shall report to the Senate a reconciliation bill or
reconciliation resolution, or both, carrying out all
such recommendations without any substantive revisions.
In the event that a committee instructed in a
resolution referred to in paragraph (2) fails to submit
any recommendation (or, when only one committee is
instructed, fails to report a reconciliation bill or
resolution) in response to such instructions, the
Budget Committee shall include in the reconciliation
bill or reconciliation resolution reported pursuant to
this subparagraph legislative language within the
jurisdiction of the noncomplying committee to achieve
the amount of deficit reduction directed in such
instructions.
(5) Point of order.--It shall not be in order in
the Senate to consider any reconciliation bill or
reconciliation resolution reported under paragraph (4)
with respect to a fiscal year, any amendment thereto,
or any conference report thereon if--
(A) the enactment of such bill or
resolution as reported;
(B) the adoption and enactment of such
amendment; or
(C) the enactment of such bill or
resolution in the form recommended in such
conference report,
would cause the amount of the deficit for such fiscal
year to exceed the maximum deficit amount for such
fiscal year, unless the low-growth report submitted
under section 254 projects negative real economic
growth for such fiscal year, or for each of any two
consecutive quarters during such fiscal year.
(6) Treatment of certain amendments.--In the
Senate, an amendment which adds to a resolution
reported under paragraph (2) an instruction of the type
referred to in such paragraph shall be in order during
the consideration of such resolution if such amendment
would be in order but for the fact that it would be
held to be non-germane on the basis that the
instruction constitutes new matter.
(7) Definition.--For purposes of paragraphs (1),
(2), and (3), the term ``day'' shall mean any calendar
day on which the Senate is in session.
(b) Procedures.--
(1) In general.--Except as provided in paragraph
(2), in the Senate the provisions of sections 305 and
310 of the Congressional Budget Act of 1974 for the
consideration of concurrent resolutions on the budget
and conference reports thereon shall also apply to the
consideration of resolutions, and reconciliation bills
and reconciliation resolutions reported under this
paragraph and conference reports thereon.
(2) Limit on debate.--Debate in the Senate on any
resolution reported pursuant to subsection (a)(2), and
all amendments thereto and debatable motions and
appeals in connection therewith, shall be limited to 10
hours.
(3) Limitation on amendments.--Section 310(d)(2) of
the Congressional Budget Act shall apply to
reconciliation bills and reconciliation resolutions
reported under this subsection.
(4) Bills and resolutions received from the
house.--Any bill or resolution received in the Senate
from the House, which is a companion to a
reconciliation bill or reconciliation resolution of the
Senate for the purposes of this subsection, shall be
considered in the Senate pursuant to the provisions of
this subsection.
(5) Definition.--For purposes of this subsection,
the term ``resolution'' means a simple, joint, or
concurrent resolution.
PART D--BUDGETARY TREATMENT OF
SOCIAL SECURITY
SEC 261. TREATMENT OF TRUST FUNDS.\61\
[Omitted]
---------------------------------------------------------------------------
\61\ Section 13301 of the Budget Enforcement Act of 1990 amended
the language in this section as enacted.
---------------------------------------------------------------------------
PART E--MISCELLANEOUS AND RELATED PROVISIONS
SEC. 271. WAIVERS AND SUSPENSIONS; RULEMAKING POWERS.
[Omitted]
SEC. 272. RESTORATION OF TRUST FUND INVESTMENTS.
[Omitted]
SEC. 273. [2 U.S.C. 922] REVENUE ESTIMATES.
[Transferred]\62\
---------------------------------------------------------------------------
\62\ Section, Public Law 99-177, title II, Sec. 273, Dec. 12, 1985,
99 Stat. 1098, which related to revenue estimates, was redesignated as
Section 201(g) of Pub. L. 93-344 by section 13202(b) of Public Law 101-
508 and is classified to section 601(f) of this title. Section 13202(b)
of the Budget Enforcement Act of 1990 transferred the text of what used
to be section 273 of the Balanced Budget and Emergency Deficit Control
Act of 1985 to section 301 of the Congressional Budget Act of 1974.
Before enactment of the Budget Control Act of 1990, section 273 read as
follows:
---------------------------------------------------------------------------
For the purposes of revenue legislation which is income,
estate and gift, excise, and payroll taxes (i.e. Social
Security), considered or enacted in any session of
Congress, the Congressional Budget Office shall use
exclusively during that session of Congress revenue
estimates provided to it by the Joint Committee on
Taxation. During that session of Congress such revenue
estimates shall be transmitted by the Congressional Budget
Office to any committee of the House of Representatives or
the Senate requesting such estimates, and shall be used by
such Committees in determining such estimates. The Budget
Committees of the Senate and the House shall determine all
estimates with respect to scoring points of order and with
respect to the purposes of this Act.
SEC. 274. [2 U.S.C. 922] JUDICIAL REVIEW.
(a) Expedited Review.--
(1) Any Member of Congress may bring an action, in
the United States District Court for the District of
Columbia, for declaratory judgment and injunctive
relief on the ground that any order that might be
issued pursuant to section 254 violates the
Constitution.
(2) Any Member of Congress, or any other person
adversely affected by any action taken under this
title, may bring an action, in the United States
District Court for the District of Columbia, for
declaratory judgment and injunctive relief concerning
the constitutionality of this title.
(3) Any Member of Congress may bring an action, in
the United States District Court for the District of
Columbia, for declaratory and injunctive relief on the
ground that the terms of an order issued under section
254 do not comply with the requirements of this title.
(4) A copy of any complaint in an action brought
under paragraph (1), (2), or (3) shall be promptly
delivered to the Secretary of the Senate and the Clerk
of the House of Representatives, and each House of
Congress shall have the right to intervene in such
action.
(5) Any action brought under paragraph (1), (2), or
(3) shall be heard and determined by a three-judge
court in accordance with section 2284 of title 28,
United States Code.
Nothing in this section or in any other law shall infringe upon
the right of the House of Representatives to intervene in an
action brought under paragraph (1), (2), or (3) without the
necessity of adopting a resolution to authorize such
intervention.
(b) Appeal to Supreme Court.--Notwithstanding any other
provision of law, any order of the United States District Court
for the District of Columbia which is issued pursuant to an
action brought under paragraph (1), (2), or (3) of subsection
(a) shall be reviewable by appeal directly to the Supreme Court
of the United States. Any such appeal shall be taken by a
notice of appeal filed within 10 days after such order is
entered; and the jurisdictional statement shall be filed within
30 days after such order is entered. No stay of an order issued
pursuant to an action brought under paragraph (1), (2), or (3)
of subsection (a) shall be issued by a single Justice of the
Supreme Court.
(c) Expedited Consideration.--It shall be the duty of the
District Court for the District of Columbia and the Supreme
Court of the United States to advance on the docket and to
expedite to the greatest possible extent the disposition of any
matter brought under subsection (a).
(d) Noncompliance With Sequestration Procedures.--
(1) If it is finally determined by a court of
competent jurisdiction that an order issued by the
President under section 254 for any fiscal year--
(A) does not reduce automatic spending
increases under any program specified in
section 256(a) if such increases are required
to be reduced by part C of this title (or
reduces such increases by a greater extent than
is so required), or
(B) does not sequester the amount of
budgetary resources which is required to be
sequestered by such part (or sequesters more
than that amount) with respect to any program,
project, activity, or account,
the President shall, within 20 days after such
determination is made, revise the order in accordance
with such determination.
(2) If the order issued by the President under
section 254 for any fiscal year--
(A) does not reduce any automatic spending
increase to the extent that such increase is
required to be reduced by part C of this title,
(B) does not sequester any amount of new
budget authority, new loan guarantee
commitments, new direct loan obligations, or
spending authority which is required to be
sequestered by such part, or
(C) does not reduce any obligation
limitation by the amount by which such
limitation is required to be reduced under such
part,
on the claim or defense that the constitutional powers
of the President prevent such sequestration or
reduction or permit the avoidance of such sequestration
or reduction, and such claim or defense is finally
determined by the Supreme Court of the United States to
be valid, then the entire order issued pursuant to
section 254 for such fiscal year shall be null and
void.
(e) Timing of Relief.--No order of any court granting
declaratory or injunctive relief from the order of the
President issued under section 254, including but not limited
to relief permitting or requiring the expenditure of funds
sequestered by such order, shall take effect during the
pendency of the action before such court, during the time
appeal may be taken, or, if appeal is taken, during the period
before the court to which such appeal is taken has entered its
final order disposing of such action.
(f) Preservation of Other Rights.--The rights created by
this section are in addition to the rights of any person under
law, subject to subsection (e).
(g) Economic Data, Assumptions, and Methodologies.--The
economic data and economic assumptions used by the Director of
OMB in computing the figures specified in any report issued by
the Director of OMB under section 254, shall not be subject to
review in any judicial or administrative proceeding.
SEC. 275. [2 U.S.C. 900 NOTE] EFFECTIVE DATES.\63\
[Repealed]
---------------------------------------------------------------------------
\63\ Section 104(a) of the Budget Control Act of 2011 (Public Law
112-25) repealed Section 275 of this Act which had the effect of making
the Balanced Budget and Emergency Deficit Control Act of 1985
permanent.
---------------------------------------------------------------------------
8/4/2011 3:57:42 PM - f:\vhlc\080411\080411.074
Created by: TAMerywe deg.
======================================================================
BUDGET ENFORCEMENT ACT OF 1990
======================================================================
BUDGET ENFORCEMENT ACT OF 1990
Public Law 101-508, Nov. 5, 1990, 104 Stat. 1388-573, 1388-623
[As Amended Through Public Law 102-590,
Enacted November 10, 1992]
TITLE XIII--BUDGET ENFORCEMENT
SEC. 13001. SHORT TITLE; TABLE OF CONTENTS
[Omitted]
Subtitle A--Amendments to the Balanced Budget and Emergency Deficit
Control Act of 1985 and Related Amendments
PART I--AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL
ACT OF 1985
SEC. 13101. SEQUESTRATION
[Omitted]
PART II--RELATED AMENDMENTS
SEC. 13111. TEMPORARY AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF
1974
[Omitted]
SEC. 13112. CONFORMING AMENDMENTS
[Omitted]
Subtitle B--Permanent Amendments to the Congressional Budget and
Impoundment Control Act of 1974
SEC. 13201. CREDIT ACCOUNTING
[Omitted]
SEC. 13202. CODIFICATION OF PROVISION REGARDING REVENUE ESTIMATES.
[Omitted]
SEC. 13203. DEBT INCREASE AS MEASURE OF DEFICIT; DISPLAY OF FEDERAL
RETIRMENT TRUST FUND BALANCE.
[Omitted]
SEC. 13204. PAY-AS-YOU-GO PROCEDURES.
[Omitted]
SEC. 13205. AMENDMENTS TO SECTION 303.
[Omitted]
SEC. 13206. AMENDMENTS TO SECTION 308.
[Omitted]
SEC. 13207. STANDARIZATION OF LANGUAGE REGARDING POINTS OF ORDER.
[Omitted]
SEC. 13208. STANDARIZATION ADDITIONAL DEFICIT CONTROL PROVISIONS.
[Omitted]
SEC. 13209. CODIFICATION OF PRECEDENT WITH REGARD TO CONFERENCE REPORTS
AND AMENDMENTS BETWEEN THE HOUSES.
[Omitted]
SEC. 13210. SUPERSEDED DEADLINES AND CONFORMING CHANGES.
[Omitted]
SEC. 13211. DEFINITIONS.
[Omitted]
SEC. 13212. SAVINGS TRANSFERS BETWEEN FISCAL YEARS.
[Omitted]
SEC. 13213. CONFORMING CHANGE TO TITLE 31.
[Omitted]
SEC. 13214. THE BYRD RULE ON EXTRANEOUS MATTER IN RECONCILIATION.
[Omitted]
Subtitle C--Social Security
SEC. 13301. OFF-BUDGET STATUS OF OASDI TRUST FUNDS.
(a) Exclusion of Social Security from All Budgets.--
Notwithstanding any other provision of law, the receipts and
disbursements of the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund
shall not be counted as new budget authority, outlays,
receipts, or deficit or surplus for purposes of--
(1) the budget of the United States Government as
submitted by the President,
(2) the congressional budget, or
(3) the Balanced Budget and Emergency Deficit
Control Act of 1985.
(b) Exclusion of Social Security From Congressional
Budget.--Section 301(a) of the Congressional Budget Act of 1974
is amended by adding at the end the following: ``The concurrent
resolution shall not include the outlays and revenue totals of
the old age, survivors, and disability insurance program
established under title II of the Social Security Act or the
related provisions of the Internal Revenue Code of 1986 in the
surplus or deficit totals required by this subsection or in any
other surplus or deficit totals required by this title.''.
H4 deg.SEC. 13302. PROTECTION OF OASDI TRUST FUNDS IN THE
HOUSE OF REPRESENTATIVES.
(a) In General.--It shall not be in order in the House of
Representatives to consider any bill or joint resolution, as
reported, or any amendment thereto or conference report
thereon, if, upon enactment--
(1)(A) such legislation under consideration would
provide for a net increase in OASDI benefits of at
least 0.02 percent of the present value of future
taxable payroll for the 75-year period utilized in the
most recent annual report of the Board of Trustees
provided pursuant to section 201(c)(2) of the Social
Security Act, and
(B) such legislation under consideration
does not provide at least a net increase, for
such 75-year period, in OASDI taxes of the
amount by which the net increase in such
benefits exceeds 0.02 percent of the present
value of future taxable payroll for such 75-
year period,
(2)(A) such legislation under consideration would
provide for a net increase in OASDI benefits (for the
5-year estimating period for such legislation under
consideration),
(B) such net increase, together with the
net increases in OASDI benefits resulting from
previous legislation enacted during that fiscal
year or any of the previous 4 fiscal years (as
estimated at the time of enactment) which are
attributable to those portions of the 5-year
estimating periods for such previous
legislation that fall within the 5-year
estimating period for such legislation under
consideration, exceeds $250,000,000, and
(C) such legislation under consideration
does not provide at least a net increase, for
the 5-year estimating period for such
legislation under consideration, in OASDI taxes
which, together with net increases in OASDI
taxes resulting from such previous legislation
which are attributable to those portions of the
5-year estimating periods for such previous
legislation that fall within the 5-year
estimating period for such legislation under
consideration, equals the amount by which the
net increase derived under subparagraph (B)
exceeds $250,000,000;
(3)(A) such legislation under consideration would
provide for a net decrease in OASDI taxes of at least
0.02 percent of the present value of future taxable
payroll for the 75-year period utilized in the most
recent annual report of the Board of Trustees provided
pursuant to section 201(c)(2) of the Social Security
Act, and
(B) such legislation under consideration
does not provide at least a net decrease, for
such 75-year period, in OASDI benefits of the
amount by which the net decrease in such taxes
exceeds 0.02 percent of the present value of
future taxable payroll for such 75-year period,
or
(4)(A) such legislation under consideration would
provide for a net decrease in OASDI taxes (for the 5-
year estimating period for such legislation under
consideration),
(B) such net decrease, together with the
net decreases in OASDI taxes resulting from
previous legislation enacted during that fiscal
year or any of the previous 4 fiscal years (as
estimated at the time of enactment) which are
attributable to those portions of the 5-year
estimating periods for such previous
legislation that fall within the 5-year
estimating period for such legislation under
consideration, exceeds $250,000,000, and
(C) such legislation under consideration
does not provide at least a net decrease, for
the 5-year estimating period for such
legislation under consideration, in OASDI
benefits which, together with net decreases in
OASDI benefits resulting from such previous
legislation which are attributable to those
portions of the 5-year estimating periods for
such previous legislation that fall within the
5-year estimating period for such legislation
under consideration, equals the amount by which
the net decrease derived under subparagraph (B)
exceeds $250,000,000.
(b) Application.--In applying paragraph (3) or (4) of
subsection (a), any provision of any bill or joint resolution,
as reported, or any amendment thereto, or conference report
thereon, the effect of which is to provide for a net decrease
for any period in taxes described in subsection (c)(2)(A) shall
be disregarded if such bill, joint resolution, amendment, or
conference report also includes a provision the effect of which
is to provide for a net increase of at least an equivalent
amount for such period in medicare taxes.
(c) Definitions.--For purposes of this subsection:
(1) The term ``OASDI benefits'' means the benefits
under the old-age, survivors, and disability insurance
programs under title II of the Social Security Act.
(2) The term ``OASDI taxes'' means--
(A) the taxes imposed under sections
1401(a), 3101(a), and 3111(a) of the Internal
Revenue Code of 1986, and
(B) the taxes imposed under chapter 1 of
such Code (to the extent attributable to
section 86 of such Code).
(3) The term ``medicare taxes'' means the taxes
imposed under sections 1401(b), 3101(b), and 3111(b) of
the Internal Revenue Code of 1986.
(4) The term ``previous legislation'' shall not
include legislation enacted before fiscal year 1991.
(5) The term ``5-year estimating period'' means,
with respect to any legislation, the fiscal year in
which such legislation becomes or would become
effective and the next 4 fiscal years.
(6) No provision of any bill or resolution, or any
amendment thereto or conference report thereon,
involving a change in chapter 1 of the Internal Revenue
Code of 1986 shall be treated as affecting the amount
of OASDI taxes referred to in paragraph (2)(B) unless
such provision changes the income tax treatment of
OASDI benefits.
SEC. 13303. SOCIAL SECURITY FIREWALL AND POINT OF ORDER IN THE SENATE.
[Omitted]
SEC. 13304. REPORT TO THE CONGRESS BY THE BOARD OF TRUSTEES OF THE
OASDI TRUST FUNDS REGARDING THE ACTUARIAL BALANCE
OF TRUST FUNDS.
[Omitted]
H4 deg.SEC. 13305. EXERCISE OF RULEMAKING POWER.
This title and the amendments made by it are enacted by the
Congress--
(1) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they shall be considered as a part of the
rules of each House, respectively, or of that House to
which they specifically apply, and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the constitutional
right of either House to change such rules (so far as
relating to such House) at any time, in the same
manner, and to the same extent as in the case of any
other rule of such House.
H4 deg.SEC. 13306. EFFECTIVE DATE.
Sections 13301, 13302, and 13303 and any amendments made by
such sections shall apply with respect to fiscal years
beginning on or after October 1, 1990. Section 13304 shall be
effective for annual reports of the Board of Trustees issued in
or after calendar year 1991.
Subtitle D--Treatment of Fiscal Year 1991 Sequestration
[Omitted]
Subtitle E--Government-Sponsored Enterprises
SEC. 13501. FINANCIAL SAFETY AND SOUNDNESS OF GOVERNMENT-SPONSORED
ENTERPRISES.
(a) Definition.--For purposes of this section, the terms
``Government-sponsored enterprise'' and ``GSE'' mean the Farm
Credit System (including the Farm Credit Banks, Banks for
Cooperatives, and Federal Agricultural Mortgage Corporation),
the Federal Home Loan Bank System, the Federal Home Loan
Mortgage Corporation, the Federal National Mortgage
Association, and the Student Loan Marketing Association.
(c) Treasury Department Study and Proposed Legislation.
[Omitted]
(d) Congressional Budget Office Study.
[Omitted]
(d) Access to Relevant Information.--
(1) For the studies required by this section, each
GSE shall provide full and prompt access to the
Secretary of the Treasury and the Director of the
Congressional Budget Office to its books and records
and other information requested by the Secretary of the
Treasury or the Director of the Congressional Budget
Office.
(2) In preparing the studies required by this
section, the Secretary of the Treasury and the Director
of the Congressional Budget Office may request
information from, or the assistance of, any Federal
department or agency authorized by law to supervise the
activities of a GSE.
(e) Confidentiality of Relevant Information.--
(1) The Secretary of the Treasury and the Director
of the Congressional Budget Office shall determine and
maintain the confidentiality of any book, record, or
information made available by a GSE under this section
in a manner consistent with the level of
confidentiality established for the material by the GSE
involved.
(2) The Department of the Treasury shall be exempt
from section 552 of title 5, United States Code, for
any book, record, or information made available under
subsection (d) and determined by the Secretary of the
Treasury to be confidential under this subsection.
(3) Any officer or employee of the Department of
the Treasury shall be subject to the penalties set
forth in section 1906 of title 18, United States Code,
if--
(A) by virtue of his or her employment or
official position, he or she has possession of
or access to any book, record, or information
made available under and determined to be
confidential under this section; and
(B) he or she discloses the material in any
manner other than--
(i) to an officer or employee of
the Department of the Treasury; or
(ii) pursuant to the exception set
forth in such section 1906.
(4) The Congressional Budget Office shall be exempt
from section 203 of the Congressional Budget Act of
1974 with respect to any book, record, or information
made available under this subsection and determined by
the Director to be confidential under paragraph (1).
(f) President's Budget.--The President's annual budget
submission shall include an analysis of the financial condition
of the GSEs and the financial exposure of the Government, if
any, posed by GSEs.END OF STATUTE deg.
======================================================================
POSTAL SERVICE
OMNIBUS BUDGET RECONCILIATION ACT OF 1989
Public Law 101-239, Title IV, 4001(a)(1),
Dec. 19, 1989 103 Stat. 2133
POSTAL ACCOUNTABILITY AND ENHANCEMENT ACT
Public Law 109-435, Title IV, Sec. 401(a)(1),
Dec. 20, 2006, 120 Stat. 3221
======================================================================
Title IV--Civil Service and
Postal Service Programs
SEC. 4001. BUDGETARY TREATMENT OF THE POSTAL SERVICE FUND.
(a) Treatment of the Postal Service Fund--
(1) In general--Chapter 20 of title 39, United
States Code, is amended by inserting after section 2009
the following:
``Sec. 2009a. Budgetary treatment of the postal
service fund
``Notwithstanding any other provision of law, the
receipts and disbursements of the Postal Service Fund,
including disbursements for administrative expenses
incurred in connection with the Fund--
``(1) shall not be included in the totals
of--
``(A) the budget of the United
States Government as submitted by the
President, or
``(B) the congressional budget
(including allocations of budget
authority and outlays provided
therein);
``(2) shall be exempt from any general
budget limitation imposed by statute on
expenditures and net lending (budget outlays)
of the United States Government; and
``(3) shall be exempt from any order issued
under part C of the Balanced Budget and
Emergency Deficit Control Act of 1985, and
shall not be counted for purposes of
calculating the deficit under section 3(6) of
the Congressional Budget and Impoundment
Control Act of 1974 for purposes of comparison
with the maximum deficit amount under the
Balanced Budget and Emergency Deficit Control
Act of 1985 nor counted in calculating the
excess deficit for purposes of sections 251 and
252 of the Balanced Budget and Emergency
Deficit Control Act of 1985, for any fiscal
year.''.
(2) Chapter analysis--The analysis for chapter 20 of title
39, United States Code, is amended by inserting after the item
relating to section 2009 the following:
``2009a. Budgetary treatment of the Postal Service Fund.''
(b) Construction--Nothing in any amendment made by
subsection (a) shall be considered to diminish the oversight
responsibilities or authority of the Congress under law, rule,
or regulation with respect to the budget and operations of the
United States Postal Service.
(c) Applicability--The amendments made by this section
shall apply with respect to budgets for fiscal years beginning
after September 30, 1989.
(Added Pub. L. 101-239, title IV, Sec. 4001(a)(1), Dec. 19,
1989, 103 Stat. 2133.)
* * * * * * *
[From Public Law 109-435: The Postal Accountability and Enhancement
Act]
SEC. 401. POSTAL SERVICE COMPETITIVE PRODUCTS FUND.
(a) Provisions relating to postal service competitive
products fund and related matters--
(1) In General. Chapter 20 of title 39, United
States Code, is amended by adding at the end the
following:
``Sec. 2011. Provisions relating to competitive
products
``(f) The receipts and disbursements of the
Competitive Products Fund shall be accorded the
same budgetary treatment as is accorded to
receipts and disbursements of the Postal
Service Fund under section 2009a.'' \64\
---------------------------------------------------------------------------
\64\ See page 293.
---------------------------------------------------------------------------
======================================================================
STATUTORY PAY-AS-YOU-GO ACT OF 2010
======================================================================
STATUTORY PAY-AS-YOU-GO ACT OF 2010
[Public Law 111-139; Enacted February 12, 2010; 124 Stat. 8]
JOINT RESOLUTION Increasing the statutory limit on the public debt.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection
(b) of section 3101 of title 31, United States Code, is amended
by striking out the dollar limitation contained in such
subsection and inserting in lieu thereof $14,294,000,000,000.
Title I--Statutory Pay-As-You-Go
Act of 2010
SEC. 1. [2 U.S.C. 931 NOTE] SHORT TITLE.
This title may be cited as the ``Statutory Pay-As-You-Go
Act of 2010''.
SEC. 2. [2 U.S.C. 931] PURPOSE.
The purpose of this title is to reestablish a statutory
procedure to enforce a rule of budget neutrality on new revenue
and direct spending legislation.
SEC. 3. [2 U.S.C. 932] DEFINITIONS AND APPLICATIONS.
As used in this title--
(1) The term ``BBEDCA'' means the Balanced Budget
and Emergency Deficit Control Act of 1985.
(2) The definitions set forth in section 3 \65\ of
the Congressional Budget and Impoundment Control Act of
1974 and in section 250 of BBEDCA \66\ shall apply to
this title, except to the extent that they are
specifically modified as follows:
---------------------------------------------------------------------------
\65\ 2 U.S.C. 622.
\66\ 2 U.S.C. 900.
---------------------------------------------------------------------------
(A) The term ``outyear'' means a fiscal
year one or more years after the budget year.
(B) In section 250(c)(8)(C), \67\ the
reference to the food stamp program shall be
deemed to be a reference to the Supplemental
Nutrition Assistance Program.
---------------------------------------------------------------------------
\67\ 2 U.S.C. 900(c)(8)(C).
---------------------------------------------------------------------------
(3) The term ``AMT'' means the Alternative Minimum
Tax for individuals under sections 55-59 of the
Internal Revenue Code of 1986, 26 U.S.C. 55-59, the
term ``EGTRRA'' means the Economic Growth and Tax
Relief Reconciliation Act of 2001 (Public Law 107-16),
and the term ``JGTRRA'' means the Jobs and Growth Tax
Relief and Reconciliation Act of 2003 (Public Law 108-
27).
(4)(A) The term ``budgetary effects'' means the
amount by which PAYGO legislation changes outlays
flowing from direct spending or revenues relative to
the baseline and shall be determined on the basis of
estimates prepared under section 4. Budgetary effects
that increase outlays flowing from direct spending or
decrease revenues are termed ``costs'' and budgetary
effects that increase revenues or decrease outlays
flowing from direct spending are termed ``savings''.
Budgetary effects shall not include any costs
associated with debt service.
(B) For purposes of these definitions, off-
budget effects shall not be counted as
budgetary effects.
(C) Solely for purposes of recording
entries on a PAYGO scorecard, provisions in
appropriation Acts are also considered to be
budgetary effects for purposes of this title if
such provisions make outyear modifications to
substantive law, except that provisions for
which the outlay effects net to zero over a
period consisting of the current year, the
budget year, and the 4 subsequent years shall
not be considered budgetary effects. For
purposes of this paragraph, the term,
``modifications to substantive law'' refers to
changes to or restrictions on entitlement law
or other mandatory spending contained in
appropriations Acts, notwithstanding section
250(c)(8) of BBEDCA. Provisions in
appropriations Acts that are neither outyear
modifications to substantive law nor changes in
revenues have no budgetary effects for purposes
of this title.
(5) The term ``debit'' refers to the net total
amount, when positive, by which costs recorded on the
PAYGO scorecards for a fiscal year exceed savings
recorded on those scorecards for that year.
(6) The term ``entitlement law'' refers to a
section of law which provides entitlement authority.
(7) The term ``PAYGO legislation'' or a ``PAYGO
Act'' refers to a bill or joint resolution that affects
direct spending or revenue relative to the baseline.
The budgetary effects of changes in revenues and
outyear modifications to substantive law included in
appropriation Acts as defined in paragraph (4) shall be
treated as if they were contained in PAYGO legislation
or a PAYGO Act.
(8) The term ``timing shift'' refers to a delay of
the date on which outlays flowing from direct spending
would otherwise occur from the ninth outyear to the
tenth outyear or an acceleration of the date on which
revenues would otherwise occur from the tenth outyear
to the ninth outyear.
SEC. 4. [2 U.S.C. 933] PAYGO ESTIMATES AND PAYGO SCORECARDS.
(a) PAYGO Estimates.--
(1) Required designation in paygo acts.--
(A) House of representatives.--To establish
the budgetary effects of a PAYGO Act consistent
with the determination made by the Chairman of
the House Budget Committee, a PAYGO Act
originated in or amended by the House of
Representatives may include the following
statement: ``The budgetary effects of this Act,
for the purpose of complying with the Statutory
Pay-As-You-Go-Act of 2010, shall be determined
by reference to the latest statement titled
`Budgetary Effects of PAYGO Legislation' for
this Act, submitted for printing in the
Congressional Record by the Chairman of the
House Budget Committee, provided that such
statement has been submitted prior to the vote
on passage.''.
(B) Senate.--To establish the budgetary
effects of a PAYGO Act consistent with the
determination made by the Chairman of the
Senate Budget Committee, a PAYGO Act originated
in or amended by the Senate shall include the
following statement: ``The budgetary effects of
this Act, for the purpose of complying with the
Statutory Pay-As-You-Go-Act of 2010, shall be
determined by reference to the latest statement
titled `Budgetary Effects of PAYGO Legislation'
for this Act, submitted for printing in the
Congressional Record by the Chairman of the
Senate Budget Committee, provided that such
statement has been submitted prior to the vote
on passage.''.
(C) Conference reports and amendments
between the houses.--To establish the budgetary
effects of the conference report on a PAYGO
Act, or an amendment to an amendment between
Houses on a PAYGO Act, which if estimated shall
be estimated jointly by the Chairmen of the
House and Senate Budget Committees, the
conference report or amendment between the
Houses shall include the following statement:
``The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-
You-Go-Act of 2010, shall be determined by
reference to the latest statement titled
`Budgetary Effects of PAYGO Legislation' for
this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the
House and Senate Budget Committees, provided
that such statement has been submitted prior to
the vote on passage in the House acting first
on this conference report or amendment between
the Houses.''.
(2) Determination of budgetary effects of paygo
acts.--
(A) Original legislation.--
(i) Statement and estimate.--Prior
to a vote on passage of a PAYGO Act
originated or amended by one House, the
Chairman of the Budget Committee of
that House may submit for printing in
the Congressional Record a statement
titled ``Budgetary Effects of PAYGO
Legislation'' which shall include an
estimate of the budgetary effects of
that Act, if available prior to passage
of the Act by that House and shall
submit, if applicable, an
identification of any current policy
adjustments made pursuant to section 7
of this Act. The timely submission of
such a statement, in conjunction with
the appropriate designation made
pursuant to paragraph (1)(A) or (1)(B),
as applicable, shall establish the
budgetary effects of the PAYGO Act for
the purposes of this Act.
(ii) Effect.--The latest statement
submitted by the Chairman of the Budget
Committee of that House prior to
passage shall supersede any prior
statements submitted in the
Congressional Record and shall be valid
only if the PAYGO Act is not further
amended by either House.
(iii) Failure to submit estimate.--
If--
(I) the estimate required
by clause (i) has not been
submitted prior to passage by
that House;
(II) such estimate has been
submitted but is no longer
valid due to a subsequent
amendment to the PAYGO Act; or
(III) the designation
required pursuant to this
subsection has not been made;
the budgetary effects of the PAYGO Act
shall be determined under subsection
(d)(3), provided that this clause shall
not apply if a valid designation is
subsequently included in that PAYGO Act
pursuant to paragraph (1)(C) and a
statement is submitted pursuant to
subparagraph (B).
(B) Conference reports and amendments
between houses.--
(i) In general.--Prior to the
adoption of a report of a committee of
conference on a PAYGO Act in either
House, or disposition of an amendment
to an amendment between Houses on a
PAYGO Act, the Chairmen of the Budget
Committees of the House and Senate may
jointly submit for printing in the
Congressional Record a statement titled
``Budgetary Effects of PAYGO
Legislation'' which shall include an
estimate of the budgetary effects of
that Act if available prior to passage
of the Act by the House acting first on
the legislation and shall submit, if
applicable, an identification of any
current policy adjustments made
pursuant to section 7 of this title.
The timely submission of such a
statement, in conjunction with the
appropriate designation made pursuant
to paragraph (1)(C), shall establish
the budgetary effects of the PAYGO Act
for the purposes of this Act.
(ii) Failure to submit estimate.--
If such estimate has not been submitted
prior to the adoption of a report of a
committee of conference by either
House, or if the designation required
pursuant to this subsection has not
been made, the budgetary effects of the
PAYGO Act shall be determined under
subsection (d)(3).
(3) Procedure in the senate.--In the Senate, upon
submission of a statement titled ``Budgetary Effects of
PAYGO Legislation'' by the Chairman of the Senate
Budget Committee for printing in the Congressional
Record, the Legislative Clerk shall read the statement.
(4) Jurisdiction of the budget committees.--For the
purposes of enforcing section 306 of the Congressional
Budget Act of 1974, a designation made pursuant to
paragraph (1)(A), (1)(B), or (1)(C), that includes only
the language specifically prescribed therein, shall not
be considered a matter within the jurisdiction of
either the Senate or House Committees on the Budget.
(b) CBO PAYGO estimates.--
(1) In general.--
(A) Estimates.--Section 308(a) of the
Congressional Budget Act of 1974 is amended by
adding at the end the following new paragraph:
``(3) CBO PAYGO estimates.--
``(A) The Chairs of the Committees on the
Budget of the House and Senate, as applicable,
shall request from the Director of the
Congressional Budget Office an estimate of the
budgetary effects of PAYGO legislation.
``(B) Estimates shall be prepared using
baseline estimates supplied by the
Congressional Budget Office, consistent with
section 257 of the Balanced Budget and
Emergency Deficit Control Act of 1985.
``(C) The Director shall not count timing
shifts, as that term is defined at section 3(8)
of the Statutory Pay-As-You-Go Act of 2010, in
estimates of the budgetary effects of PAYGO
Legislation.''.
(B) Sideheading.--The side heading of
section 308(a) of the Congressional Budget Act
of 1974 is amended by striking ``Reports on''.
(2) Guidelines.--Section 308 of the Congressional
Budget Act of 1974 is amended by adding at the end the
following new subsection:
``(d) Scorekeeping Guidelines.--Estimates under this
section shall be provided in accordance with the scorekeeping
guidelines determined under section 252(d)(5) of the Balanced
Budget and Emergency Deficit Control Act of 1985.''.
(c) Current Policy Adjustments for Certain Legislation.--
(1) In general.--For any provision of legislation
that meets the criteria in subsection (c), (d), (e) or
(f) of section 7, the Chairs of the Committees on the
Budget of the House and Senate, as applicable, shall
request that CBO adjust the estimate of budgetary
effects of that legislation pursuant to paragraph (2)
for the purposes of this title. A single piece of
legislation may contain provisions that meet criteria
in more than one of the subsections referred to in the
preceding sentence. CBO shall adjust estimates for
legislation designated under subsection (a) and
estimated under subsection (b). OMB shall adjust
estimates for legislation estimated under subsection
(d)(3).
(2) Adjustments.--
(A) Estimates.--CBO or OMB, as applicable,
shall exclude from the estimate of budgetary
effects any budgetary effects of a provision
that meets the criteria in subsection (c), (d),
(e) or (f) of section 7, to the extent that
those budgetary effects, when combined with all
other excluded budgetary effects of any other
previously designated provisions of enacted
legislation under the same subsection of
section 7, do not exceed the maximum applicable
current policy adjustment defined under the
applicable subsection of section 7 for the
applicable 10-year period.
(B) Baseline.--Any estimate made pursuant
to subparagraph (A) shall be prepared using
baseline estimates supplied by the
Congressional Budget Office, consistent with
section 257 of the BBEDCA. CBO estimates of
legislation adjusted for current policy shall
include a separate presentation of costs
excluded from the calculation of budgetary
effects for the legislation, as well as an
updated total of all excluded costs of
provisions within subsection (c), (d), or (e)
of section 7, as applicable, and in the case of
paragraph (1) of section 7(f), within any of
the subparagraphs (A) through (L) of such
paragraph, as applicable.
(3) Limitation on availability of excess savings.--
(A) Prohibition on use of excess saving for
ineligible policies.--To the extent the
adjustment for current policy of any provision
estimated under this subsection exceeds the
estimated budgetary effects of that provision,
these excess savings shall not be available to
offset the costs of any provisions not
otherwise eligible for a current policy
adjustment under section 7, and shall not be
counted on the PAYGO scorecards established
pursuant to subsections (d)(4) and (d)(5).
(B) Prohibition on use of excess savings
across budget areas.--For provisions eligible
for a current policy adjustment under
subsections (c) through (f) of section 7, to
the extent the adjustment for current policy of
any provision exceeds the estimated budgetary
effects of that same provision, the excess
savings shall be available only to offset the
costs of other provisions that qualify for a
current policy adjustment in that same
subsection. Each paragraph in section 7(f)(1)
shall be considered a separate subsection for
purposes of this section.
(4) Further guidance on estimating budgetary
effects.--Estimates of budgetary effects under this
subsection shall be consistent with the guidance
provided at section 7(h).
(5) Inclusion of statement.--For PAYGO legislation
adjusted pursuant to section 7, the Chairman of the
House or Senate Budget Committee, as applicable, shall
include in any statement titled ``Budgetary Effects of
PAYGO Legislation'', submitted for that legislation
pursuant to section 4, an explanation of the current
policy designation and adjustments.
(d) OMB PAYGO Scorecards.--
(1) In general.--OMB shall maintain and make
publicly available a continuously updated document
containing two PAYGO scorecards displaying the
budgetary effects of PAYGO legislation as determined
under section 308 of the Congressional Budget Act of
1974, applying the look-back requirement in subsection
(e) and the averaging requirement in subsection (f),
and a separate addendum displaying the estimates of the
costs of provisions designated in statute as emergency
requirements.
(2) Estimates in legislation.--Except as provided
in paragraph (3), in making the calculations for the
PAYGO scorecards, OMB shall use the budgetary effects
included by reference in the applicable legislation
pursuant to subsection (a).
(3) OMB paygo estimates.--If a PAYGO Act does not
contain a valid reference to its budgetary effects
consistent with subsection (a), OMB shall estimate the
budgetary effects of that legislation upon its
enactment. The OMB estimate shall be based on the
approaches to scorekeeping set forth in section 308 of
the Congressional Budget Act of 1974, as amended by
this title, and subsection (g)(4), and shall use the
same economic and technical assumptions as used in the
most recent budget submitted by the President under
section 1105(a) of title 31 of the United States Code.
(4) 5-year scorecard.--The first scorecard shall
display the budgetary effects of PAYGO legislation in
each year over the 5-year period beginning in the
budget year.
(5) 10-year scorecard.--The second scorecard shall
display the budgetary effects of PAYGO legislation in
each year over the 10-year period beginning in the
budget year.
(6) Community living assistance services and
supports act.--Neither scorecard maintained by OMB
pursuant to this subsection shall include net savings
from any provisions of legislation titled ``Community
Living Assistance Services and Supports Act'', which
establishes a Federal insurance program for long-term
care, if such legislation is enacted into law, or
amended, subsequent to the date of enactment of this
title.
(e) Look-back To Capture Current-year Effects.--For
purposes of this section, OMB shall treat the budgetary effects
of PAYGO legislation enacted during a session of Congress that
occur during the current year as though they occurred in the
budget year.
(f) Averaging Used To Measure Compliance Over 5-year and
10-year Periods.--OMB shall cumulate the budgetary effects of a
PAYGO Act over the budget year (which includes any look-back
effects under subsection (e)) and--
(1) for purposes of the 5-year scorecard referred
to in subsection (d)(4), the four subsequent outyears,
divide that cumulative total by five, and enter the
quotient in the budget-year column and in each
subsequent column of the 5-year PAYGO scorecard; and
(2) for purposes of the 10-year scorecard referred
to in subsection (d)(5), the nine subsequent outyears,
divide that cumulative total by ten, and enter the
quotient in the budget-year column and in each
subsequent column of the 10-year PAYGO scorecard.
(g) Emergency Legislation.--
(1) Designation in statute.--If a provision of
direct spending or revenue legislation in a PAYGO Act
is enacted as an emergency requirement that the
Congress so designates in statute pursuant to this
section, the amounts of new budget authority, outlays,
and revenue in all fiscal years resulting from that
provision shall be treated as an emergency requirement
for the purposes of this Act.
(2) Designation in the house of representatives.--
If a PAYGO Act includes a provision expressly
designated as an emergency for the purposes of this
title, the Chair shall put the question of
consideration with respect thereto.
(3) Point of order in the senate.--
(A) In general.--When the Senate is
considering a PAYGO Act, if a point of order is
made by a Senator against an emergency
designation in that measure, that provision
making such a designation shall be stricken
from the measure and may not be offered as an
amendment from the floor.
(B) Supermajority waiver and appeals.--
(i) Waiver.--Subparagraph (A) may
be waived or suspended in the Senate
only by an affirmative vote of three-
fifths of the Members, duly chosen and
sworn.
(ii) Appeals.--Appeals in the
Senate from the decisions of the Chair
relating to any provision of this
subsection shall be limited to 1 hour,
to be equally divided between, and
controlled by, the appellant and the
manager of the bill or joint
resolution, as the case may be. An
affirmative vote of three-fifths of the
Members of the Senate, duly chosen and
sworn, shall be required to sustain an
appeal of the ruling of the Chair on a
point of order raised under this
subsection.
(C) Definition of an emergency
designation.--For purposes of subparagraph (A),
a provision shall be considered an emergency
designation if it designates any item as an
emergency requirement pursuant to this
subsection.
(D) Form of the point of order.--A point of
order under subparagraph (A) may be raised by a
Senator as provided in section 313 (e) of the
Congressional Budget Act of 1974.
(E) Conference reports.--When the Senate is
considering a conference report on, or an
amendment between the Houses in relation to, a
PAYGO Act, upon a point of order being made by
any Senator pursuant to this section, and such
point of order being sustained, such material
contained in such conference report shall be
deemed stricken, and the Senate shall proceed
to consider the question of whether the Senate
shall recede from its amendment and concur with
a further amendment, or concur in the House
amendment with a further amendment, as the case
may be, which further amendment shall consist
of only that portion of the conference report
or House amendment, as the case may be, not so
stricken. Any such motion in the Senate shall
be debatable. In any case in which such point
of order is sustained against a conference
report (or Senate amendment derived from such
conference report by operation of this
subsection), no further amendment shall be in
order.
(4) Effect of designation on scoring.--If a
provision is designated as an emergency requirement
under this Act, CBO or OMB, as applicable, shall not
include the budgetary effects of such a provision in
its estimate of the budgetary effects of that PAYGO
legislation.
SEC. 5. [2 U.S.C. 934] ANNUAL REPORT AND SEQUESTRATION ORDER.
(a) Annual Report.--Not later than 14 days (excluding
weekends and holidays) after Congress adjourns to end a
session, OMB shall make publicly available and cause to be
printed in the Federal Register an annual PAYGO report. The
report shall include an up-to-date document containing the
PAYGO scorecards, a description of any current policy
adjustments made under section 4(c), information about
emergency legislation (if any) designated under section 4(g),
information about any sequestration if required by subsection
(b), and other data and explanations that enhance public
understanding of this title and actions taken under it.
(b) Sequestration Order.--If the annual report issued at
the end of a session of Congress under subsection (a) shows a
debit on either PAYGO scorecard for the budget year, OMB shall
prepare and the President shall issue and include in that
report a sequestration order that, upon issuance, shall reduce
budgetary resources of direct spending programs by enough to
offset that debit as prescribed in section 6. If there is a
debit on both scorecards, the order shall fully offset the
larger of the two debits. OMB shall transmit the order and the
report to the House of Representatives and the Senate. If the
President issues a sequestration order, the annual report shall
contain, for each budget account to be sequestered, estimates
of the baseline level of budgetary resources subject to
sequestration, the amount of budgetary resources to be
sequestered, and the outlay reductions that will occur in the
budget year and the subsequent fiscal year because of that
sequestration.
SEC. 6. [2 U.S.C. 935] CALCULATING A SEQUESTRATION.
(a) Reducing Nonexempt Budgetary Resources by a Uniform
Percentage.--
(1) In general.--OMB shall calculate the uniform
percentage by which the budgetary resources of
nonexempt direct spending programs are to be
sequestered such that the outlay savings resulting from
that sequestration, as calculated under subsection (b),
shall offset the budget-year debit, if any, on the
applicable PAYGO scorecard. If the uniform percentage
calculated under the prior sentence exceeds 4 percent,
the Medicare programs described in section 256(d) of
BBEDCA shall be reduced by 4 percent and the uniform
percentage by which the budgetary resources of all
other nonexempt direct spending programs are to be
sequestered shall be increased, as necessary, so that
the sequestration of Medicare and of all other
nonexempt direct spending programs together produce the
required outlay savings.
(2) Programs and activities in unified budget
only.--Subject to the exemptions set forth in section
11, OMB shall determine the uniform percentage required
under paragraph (1) with respect to programs and
activities contained in the unified budget only.
(b) Outlay Savings.--In determining the amount by which a
sequestration offsets a budget-year debit, OMB shall count--
(1) the amount by which the sequestration in a crop
year of crop support payments, pursuant to section
256(j) of BBEDCA, reduces outlays in the budget year
and the subsequent fiscal year;
(2) the amount by which the sequestration of
Medicare payments in the 12-month period following the
sequestration order, pursuant to section 256(d) of
BBEDCA, reduces outlays in the budget year and the
subsequent fiscal year; and
(3) the amount by which the sequestration in the
budget year of the budgetary resources of other
nonexempt mandatory programs reduces outlays in the
budget year and in the subsequent fiscal year.
SEC. 7. [2 U.S.C. 936] ADJUSTMENT FOR CURRENT POLICIES.
(a) Purpose.--The purpose of this section is to provide for
adjustments of estimates of budgetary effects of PAYGO
legislation for legislation affecting 4 areas of the budget--
(1) payments made under section 1848 of the Social
Security Act (referred to in this section as ``Payment
for Physicians' Services'');
(2) the Estate and Gift Tax under subtitle B of the
Internal Revenue Code of 1986;
(3) the AMT; and
(4) provisions of EGTRRA or JGTRRA that amended the
Internal Revenue Code of 1986 (or provisions in later
statutes further amending the amendments made by EGTRRA
or JGTRRA), other than--
(A) the provisions of those 2 Acts that
were made permanent by the Pension Protection
Act of 2006 (Public Law 109-280);
(B) amendments to the Estate and Gift Tax
referred to in paragraph (2);
(C) the AMT referred to in paragraph (3);
and
(D) the income tax rates on ordinary income
that apply to individuals with adjusted gross
incomes greater than $200,000 for a single
filer and $250,000 for joint filers.
(b) Duration.--This section shall remain in effect through
December 31, 2011.
(c) Medicare Payments to Physicians.--
(1) Criteria.--Legislation that includes provisions
amending or superseding the system for updating
payments under subsections (d) and (f) of section 1848
of the Social Security Act shall trigger the current
policy adjustment required by this title.
(2) Adjustment.--The amount of the maximum current
policy adjustment shall be the difference between--
(A) estimated net outlays attributable to
the payment rates and related parameters in
accordance with subsections (d) and (f) of
section 1848 of the Social Security Act (as
scheduled on December 31, 2009, to be in
effect); and
(B) what those net outlays would have been
if--
(i) the nominal payment rates and
related parameters in effect for 2009
had been in effect through December 31,
2014, without change; and
(ii) thereafter, the nominal
payment rates and related parameters
described in subparagraph (A) had
applied and the assumption described in
clause (i) had never applied.
(3) Limitation.--If the provisions in the
legislation that cause it to meet the criteria in
paragraph (1) cover a time period that ends before
December 31, 2014, subject to the maximum adjustment
provided for under paragraph (2), the amount of each
current policy adjustment made pursuant to this section
shall be limited to the difference between--
(A) estimated net outlays attributable to
the payment rates and related parameters
specified in that section of the Social
Security Act (as scheduled on December 31,
2009, to be in effect for the period of time
covered by the relevant provisions of the
eligible legislation); and
(B) what those net outlays would have been
if the nominal payment rates and related
parameters in effect for 2009 had been in
effect, without change, for the same period of
time covered by the relevant provisions of the
eligible legislation as under subparagraph (A).
(d) Estate and Gift Tax.--
(1) Criteria.--Legislation that includes provisions
amending the Estate and Gift Tax under subtitle B of
the Internal Revenue Code of 1986 shall trigger the
current policy adjustment required by this title.
(2) Adjustment.--The amount of the maximum current
policy adjustment shall be the difference between--
(A) total revenues projected to be
collected under the Internal Revenue Code of
1986 (as scheduled on December 31, 2009, to be
in effect); and
(B) what those revenue collections would
have been if, on the date of enactment of the
legislation meeting the criteria in paragraph
(1), estate and gift tax law had instead been
amended so that the tax rates, nominal
exemption amounts, and related parameters in
effect for tax year 2009 had remained in effect
through December 31, 2011, with nominal
exemption amounts indexed for inflation after
2009 consistent with subsection (g).
(3) Limitation.--If the provisions in the
legislation that cause it to meet the criteria in
paragraph (1) cover a time period that ends before
December 31, 2011, subject to the maximum adjustment
provided for under paragraph (2), the amount of each
current policy adjustment made pursuant to this section
shall be limited to the difference between--
(A) total revenues projected to be
collected under the Internal Revenue Code of
1986 (as scheduled on December 31, 2009, to be
in effect for the period of time covered by the
relevant provisions of the eligible
legislation); and
(B) what those revenues would have been if
the estate and gift tax law rates, nominal
exemption amounts, and related parameters in
effect for 2009, with nominal exemption amounts
indexed for inflation after 2009 consistent
with subsection (g), had been in effect for the
same period of time covered by the relevant
provisions of the eligible legislation as under
subparagraph (A).
(4) Duration of policy adjustment.--Adjustments
made pursuant to this subsection are available for
policies affecting the estate and gift tax through only
December 31, 2011. Any adjustments shall include
budgetary effects in all years from these policy
changes.
(e) AMT Relief.--
(1) Criteria.--Legislation that includes provisions
extending AMT relief shall trigger the current policy
adjustment required by this title.
(2) Adjustment.--The amount of the maximum current
policy adjustment shall be the difference between--
(A) total revenues projected to be
collected under the Internal Revenue Code of
1986 (as scheduled on December 31, 2009, to be
in effect); and
(B) what those revenue collections would
have been if, on the date of enactment of
legislation meeting the criteria in paragraph
(1), AMT law had instead been amended by making
commensurate adjustments in the exemption
amounts for joint and single filers in such a
manner that the number of taxpayers with AMT
liability or lost credits that occur as a
result of the AMT would not be estimated to
exceed the number of taxpayers affected by the
AMT in tax year 2008 in any year for which
relief is provided, through December 31, 2011.
(3) Limitation.--If the provisions in the
legislation that cause it to meet the criteria in
paragraph (1) cover a time period that ends before
December 31, 2011, subject to the maximum adjustment
provided for under paragraph (2), the amount of each
current policy adjustment made pursuant to this section
shall be limited to the difference between--
(A) total revenues projected to be
collected under the Internal Revenue Code of
1986 (as scheduled on December 31, 2009, to be
in effect for the period of time covered by the
relevant provisions of the eligible
legislation); and
(B) what those revenues would have been if,
on the date of enactment of legislation meeting
the criteria in paragraph (1), AMT law had
instead been amended by making commensurate
adjustments in the exemption amounts for joint
and single filers in such a manner that the
number of taxpayers with AMT liability or lost
credits that occur as a result of the AMT would
not be estimated to exceed the number of AMT
taxpayers in tax year 2008 for the same period
of time covered by the relevant provisions of
the eligible legislation as under subparagraph
(A).
(4) Duration of policy adjustment.--Adjustments
made pursuant to this subsection are available for
policies affecting the AMT through only December 31,
2011. Any adjustments shall include budgetary effects
in all years from these policy changes.
(f) Permanent Extension of Middle-class Tax Cuts.--
(1) Criteria.--Legislation that includes provisions
extending middle-class tax cuts shall trigger the
current policy adjustment required by this title if
those provisions extend 1 or more of the following
provisions:
(A) The 10 percent bracket as in effect for
tax year 2010, as provided for under section
101(a) of EGTRRA and any later amendments
through December 31, 2009.
(B) The child tax credit as in effect for
tax year 2010, as provided for under section
201 of EGTRRA and any later amendments through
December 31, 2009.
(C) Tax benefits for married couples as in
effect for tax year 2010, as provided for under
title III of EGTRRA and any later amendments
through December 31, 2009.
(D) The adoption credit as in effect in tax
year 2010, as provided for under section 202 of
EGTRRA and any later amendments through
December 31, 2009.
(E) The dependent care credit as in effect
in tax year 2010, as provided for under section
204 of EGTRRA and any later amendments through
December 31, 2009.
(F) The employer-provided child care credit
as in effect in tax year 2010, as provided for
under section 205 of EGTRRA and any later
amendments through December 31, 2009.
(G) The education tax benefits as in effect
in tax year 2010, as provided for under title
IV of EGTRRA and any later amendments through
December 31, 2009.
(H) The 25 and 28 percent brackets as in
effect for tax year 2010, as provided for under
section 101(a) of EGTRRA and any later
amendments through December 31, 2009.
(I) The 33 percent bracket as in effect for
tax year 2010, as provided for under section
101(a) of EGTRRA and any later amendment
through December 31, 2009, affecting taxpayers
with adjusted gross income of $200,000 or less
for single filers and $250,000 or less for
joint filers in tax year 2010, with these
income levels indexed for inflation in each
subsequent year consistent with subsection (g).
(J) The rates on income derived from
capital gains and qualified dividends as in
effect for tax year 2010, as provided for under
sections 301 and 302 of JGTRRA and any later
amendment through December 31, 2009, affecting
taxpayers with adjusted gross income of
$200,000 or less for single filers and $250,000
for joint filers with these income levels
indexed for inflation in each subsequent year
consistent with subsection (g).
(K) The phaseout of personal exemptions and
the overall limitation on itemized deductions
as in effect for tax year 2010, as provided for
under sections 102 and 103 of EGTRRA of 2001,
respectively, and any later amendment through
December 31, 2009, affecting taxpayer with
adjusted gross income of $200,000 or less for
single filers and $250,000 for joint filers,
with these income levels indexed for inflation
in each subsequent year consistent with
subsection (g).
(L) The increase in the limitations on
expensing depreciable business assets for small
businesses under section 179(b) of the Internal
Revenue Code of 1986 as in effect in tax year
2010, as provided under section 202 of JGTRRA
\68\ and any later amendment through December
31, 2009.
---------------------------------------------------------------------------
\68\ 26 U.S.C. 179(b).
---------------------------------------------------------------------------
(2) Adjustment.--The amount of the maximum current
policy adjustment shall be the difference between--
(A) total revenues projected to be
collected and outlays to be paid under the
Internal Revenue Code of 1986 (as scheduled on
December 31, 2009, to be in effect); and
(B) what those revenue collections and
outlay payments would have been if, on the date
of enactment of legislation meeting the
criteria in paragraph (1), the provisions
identified in paragraph (1) were made
permanent.
(3) Limitation.--If the provisions in the
legislation that cause it to meet the criteria in
paragraph (1) are not permanent, subject to the maximum
adjustment provided for under paragraph (2), the amount
of each current policy adjustment made pursuant to this
section shall be limited to the difference between--
(A) total revenues projected to be
collected and outlays to be paid under the
Internal Revenue Code of 1986 (as scheduled on
December 31, 2009, to be in effect for the
period of time covered by the relevant
provisions of the eligible legislation); and
(B) what those revenue collections and
outlay payments would have been if, on the date
of enactment of legislation meeting the
criteria in paragraph (1), the provisions
identified in paragraph (1) had been in effect,
without change, for the same period of time
covered by the relevant provisions of the
eligible legislation as under subparagraph (A).
(g) Indexing for Inflation.--Indexed amounts are assumed to
increase in each year by an amount equal to the cost-of-living
adjustment determined under section 1(f)(3) of the Internal
Revenue Code of 1986 \69\ for the calendar year in which the
taxable year begins, determined by substituting ``calendar year
2008'' for ``calendar year 1992'' in subparagraph (B) of such
section.
---------------------------------------------------------------------------
\69\ 26 U.S.C. 1(f)(3).
---------------------------------------------------------------------------
(h) Guidance on Estimates and Current Policy Adjustments.--
(1) Middle class tax cuts.--For purposes of
estimates made pursuant to subsection (f)--
(A) each of the income tax provisions shall
be estimated as though the AMT had remained at
current law as scheduled on December 31, 2009
to be in effect; and
(B) if more than 1 of the income tax
provisions is included in a single piece of
legislation, those provisions shall be
estimated in the order in which they appear.
(2) AMT.--For purposes of estimates made pursuant
to subsection (e), changes to the AMT shall be
estimated as if, on the date of enactment of
legislation meeting the criteria in subsection (e)(1),
all of the income tax provisions identified in
subsection (f)(1) were made permanent.
SEC. 8. [2 U.S.C. 937] APPLICATION OF BBEDCA.
For purposes of this title--
(1) notwithstanding section 275 of BBEDCA,\70\ the
provisions of sections 255, 256, 257, and 274 of
BBEDCA, as amended by this title, shall apply to the
provisions of this title;
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\70\ Section 275 of BBEDCA was repealed by the Budget Control Act
(Public Law 112-39). By repealing section 275 of BBEDCA, the Budget
Control Act (Public Law 112-39) made all the provisions of BBEDCA
permanent.
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(2) references in sections 255, 256, 257, and 274
to ``this part'' or ``this title'' shall be interpreted
as applying to this title;
(3) references in sections 255, 256, 257, and 274
of BBEDCA to ``section 254'' shall be interpreted as
referencing section 5 of this title;
(4) the reference in section 256(b) of BBEDCA to
``section 252 or 253'' shall be interpreted as
referencing section 5 of this title;
(5) the reference in section 256(d)(1) of BBEDCA to
``section 252 or 253'' shall be interpreted as
referencing section 6 of this title;
(6) the reference in section 256(d)(4) of BBEDCA to
``section 252 or 253'' shall be interpreted as
referencing section 5 of this title;
(7) section 256(k) of BBEDCA shall apply to a
sequestration, if any, under this title; and
(8) references in section 257(e) of BBEDCA to
``section 251, 252, or 253'' shall be interpreted as
referencing section 4 of this title.
SEC. 9. TECHNICAL CORRECTIONS.
(a) Section 250(c)(18) of BBEDCA is amended by striking
``the expenses the Federal deposit insurance agencies'' and
inserting ``the expenses of the Federal deposit insurance
agencies''.
(b) Section 256(k)(1) of BBEDCA is amended by striking ``in
paragraph (5)'' and inserting ``in paragraph (6)''.
SEC. 10. CONFORMING AMENDMENTS.
(a) Section 256(a) of BBEDCA is repealed.\71\
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\71\ Before its repeal, section 256(a) read as follows:
(a) Automatic Spending Increases.--Automatic spending increases
are increases in outlays due to changes in indexes in the following
programs:
(1) Special milk program; and
(2) Vocational rehabilitation basic State grants.
In those programs all amounts other than the automatic spending
increases shall be exempt from reduction under any order issued under
this part.
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(b) Section 256(b) of BBEDCA is amended by striking
``origination fees under sections 438(c)(2) and 455(c) of that
Act shall each be increased by 0.50 percentage point.'' And
inserting in lieu thereof ``origination fees under sections
438(c)(2) and (6) and 455(c) and loan processing and issuance
fees under section 428(f)(1)(A)(ii) of that Act shall each be
increased by the uniform percentage specified in that
sequestration order, and, for student loans originated during
the period of the sequestration, special allowance payments
under section 438(b) of that Act accruing during the period of
the sequestration shall be reduced by the uniform percentage
specified in that sequestration order.''.
(c) Section 256(c) of BBEDCA is repealed.\72\
---------------------------------------------------------------------------
\72\ Before its repeal, section 256(c) read as follows:
(c) Treatment of Foster Care and Adoption Assistance
Programs.--Any order issued by the President under section 254 shall
make the reduction which is otherwise required under the foster care
and adoption assistance programs (established by part E of title IV of
the Social Security Act) only with respect to payments and expenditures
made by States in which increases in foster care maintenance payment
rates or adoption assistance payment rates (or both) are to take effect
during the fiscal year involved, and only to the extent that the
required reduction can be accomplished by applying a uniform percentage
reduction to the Federal matching payments that each such State would
otherwise receive under section 474 of that Act (for such fiscal year)
for that portion of the State's payments which is attributable to the
increases taking effect during that year. No State's matching payments
from the Federal Government for foster care maintenance payments or for
adoption assistance maintenance payments may be reduced by a percentage
exceeding the applicable domestic sequestration percentage. No State
may, after the date of the enactment of this joint resolution, make any
change in the timetable for making payments under a State plan approved
under part E of title IV of the Social Security Act which has the
effect of changing the fiscal year in which expenditures under such
part are made.
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(d) Section 256(d) of BBEDCA is amended--
(1) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (5), and (6);
(2) by amending paragraph (1) to read as follows:
``(1) Calculation of reduction in payment
amounts.--To achieve the total percentage reduction in
those programs required by section 252 or 253, subject
to paragraph (2), and notwithstanding section 710 of
the Social Security Act, OMB shall determine, and the
applicable Presidential order under section 254 shall
implement, the percentage reduction that shall apply,
with respect to the health insurance programs under
title XVIII of the Social Security Act--
``(A) in the case of parts A and B of such
title, to individual payments for services
furnished during the one-year period beginning
on the first day of the first month beginning
after the date the order is issued (or, if
later, the date specified in paragraph (4));
and ``(B) in the case of parts C and D, to
monthly payments under contracts under such
parts for the same one-year period; such that
the reduction made in payments under that order
shall achieve the required total percentage
reduction in those payments for that period.''.
(3) by inserting after paragraph (1) the following:
``(2) Uniform reduction rate; maximum permissible
reduction.--Reductions in payments for programs and
activities under such title XVIII pursuant to a
sequestration order under section 254 shall be at a
uniform rate, which shall not exceed 4 percent, across
all such programs and activities subject to such
order.'';
(4) by inserting after paragraph (3), as
redesignated, the following:
``(4) Timing of subsequent sequestration order.--A
sequestration order required by section 252 or 253 with
respect to programs under such title XVIII shall not
take effect until the first month beginning after the
end of the effective period of any prior sequestration
order with respect to such programs, as determined in
accordance with paragraph (1).'';
(5) in paragraph (6), as redesignated, to read as
follows:
``(6) Sequestration disregarded in computing
payment amounts.--The Secretary of Health and Human
Services shall not take into account any reductions in
payment amounts which have been or may be effected
under this part, for purposes of computing any
adjustments to payment rates under such title XVIII,
specifically including--
``(A) the part C growth percentage under
section 1853(c)(6);
``(B) the part D annual growth rate under
section 1860D-2(b)(6); and
``(C) application of risk corridors to part
D payment rates under section 1860D-15(e).'';
and
(6) by adding after paragraph (6), as redesignated,
the following:
``(7) Exemptions from sequestration.--In addition
to the programs and activities specified in section
255, the following shall be exempt from sequestration
under this part:
``(A) Part D low-income subsidies.--Premium
and cost-sharing subsidies under section 1860D-
14 of the Social Security Act.
``(B) Part D catastrophic subsidy.--
Payments under section 1860D-15(b) and
(e)(2)(B) of the Social Security Act.
``(C) Qualified individual (QI) premiums.--
Payments to States for coverage of Medicare
cost-sharing for certain low-income Medicare
beneficiaries under section 1933 of the Social
Security Act.''.
SEC. 11. EXEMPT PROGRAMS AND ACTIVITIES.
(a) Designations.--Section 255 of BBEDCA is amended by
redesignating subsection (i) as (j) and striking ``1998'' and
inserting in lieu thereof ``2010''.
(b) Social Security, Veterans Programs, Net Interest, and
Tax Credits.--Subsections (a) through (d) of section 255 of
BBEDCA are amended to read as follows:
``(a) Social Security Benefits and Tier I Railroad
Retirement Benefits.--Benefits payable under the old-age,
survivors, and disability insurance program established under
title II of the Social Security Act (42 U.S.C. 401 et seq.),
and benefits payable under section 231b(a), 231b(f)(2),
231c(a), and 231c(f) of title 45 United States Code, shall be
exempt from reduction under any order issued under this part.
``(b) Veterans Programs.--The following programs shall be
exempt from reduction under any order issued under this part:
``All programs administered by the Department of Veterans
Affairs.
``Special Benefits for Certain World War II Veterans (28-
0401-0-1-701).
``(c) Net Interest.--No reduction of payments for net
interest (all of major functional category 900) shall be made
under any order issued under this part.
``(d) Refundable Income Tax Credits.--Payments to
individuals made pursuant to provisions of the Internal Revenue
Code of 1986 establishing refundable tax credits shall be
exempt from reduction under any order issued under this
part.''.
(c) Other Programs and Activities, Low-income Programs, and
Economic Recovery Programs.--Subsections (g) and (h) of section
255 of BBEDCA are amended to read as follows:
``(g) Other Programs and Activities:
``(1)(A) The following budget accounts and
activities shall be exempt from reduction under any
order issued under this part:
``Activities resulting from private donations,
bequests, or voluntary contributions to the Government.
``Activities financed by voluntary payments to the
Government for goods or services to be provided for
such payments.
``Administration of Territories, Northern Mariana
Islands Covenant grants (14-0412-0-1-808).
``Advances to the Unemployment Trust Fund and Other
Funds (16-0327-0-1-600).
``Black Lung Disability Trust Fund Refinancing (16-
0329-0-1-601).
``Bonneville Power Administration Fund and
borrowing authority established pursuant to section 13
of Public Law 93-454 (1974), as amended (89-4045-0-3-
271).
``Claims, Judgments, and Relief Acts (20-1895-0-1-
808).
``Compact of Free Association (14-0415-0-1-808).
``Compensation of the President (11-0209-01-1-802).
``Comptroller of the Currency, Assessment Funds
(20-8413-0-8-373).
``Continuing Fund, Southeastern Power
Administration (89-5653-0-2-271).
``Continuing Fund, Southwestern Power
Administration (89-5649-0-2-271).
``Dual Benefits Payments Account (60-0111-0-1-601).
``Emergency Fund, Western Area Power Administration
(89-5069-0-2-271).
``Exchange Stabilization Fund (20-4444-0-3-155).
``Farm Credit Administration Operating Expenses
Fund (78-4131-0-3-351).
``Farm Credit System Insurance Corporation, Farm
Credit Insurance Fund (78-4171-0-3-351).
``Federal Deposit Insurance Corporation, Deposit
Insurance Fund (51-4596-0-4-373).
``Federal Deposit Insurance Corporation, FSLIC
Resolution Fund (51-4065-0-3-373).
``Federal Deposit Insurance Corporation,
Noninterest Bearing Transaction Account Guarantee (51-
4458-0-3-373).
``Federal Deposit Insurance Corporation, Senior
Unsecured Debt Guarantee (51-4457-0-3-373).
``Federal Home Loan Mortgage Corporation (Freddie
Mac).
``Federal Housing Finance Agency, Administrative
Expenses (95-5532-0-2-371).
``Federal National Mortgage Corporation (Fannie
Mae).
``Federal Payment to the District of Columbia
Judicial Retirement and Survivors Annuity Fund (20-
1713-0-1-752).
``Federal Payment to the District of Columbia
Pension Fund (20-1714-0-1-601).
``Federal Payments to the Railroad Retirement
Accounts (60-0113-0-1-601).
``Federal Reserve Bank Reimbursement Fund (20-1884-
0-1-803).
``Financial Agent Services (20-1802-0-1-803).
``Foreign Military Sales Trust Fund (11-8242-0-7-
155).
``Hazardous Waste Management, Conservation Reserve
Program (12-4336-0-3-999).
``Host Nation Support Fund for Relocation (97-8337-
0-7-051).
``Internal Revenue Collections for Puerto Rico (20-
5737-0-2-806).
``Intragovernmental funds, including those from
which the outlays are derived primarily from resources
paid in from other government accounts, except to the
extent such funds are augmented by direct
appropriations for the fiscal year during which an
order is in effect.
``Medical Facilities Guarantee and Loan Fund (75-
9931-0-3-551).
``National Credit Union Administration, Central
Liquidity Facility (25-4470-0-3-373).
``National Credit Union Administration, Corporate
Credit Union Share Guarantee Program (25-4476-0-3-376).
``National Credit Union Administration, Credit
Union Homeowners Affordability Relief Program (25-4473-
0-3-371).
``National Credit Union Administration, Credit
Union Share Insurance Fund (25-4468-0-3-373).
``National Credit Union Administration, Credit
Union System Investment Program (25-4474-0-3-376).
``National Credit Union Administration, Operating
fund (25-4056-0-3-373).
``National Credit Union Administration, Share
Insurance Fund Corporate Debt Guarantee Program (25-
4469-0-3-376).
``National Credit Union Administration, U.S.
Central Federal Credit Union Capital Program (25-4475-
0-3-376).
``Office of Thrift Supervision (20-4108-0-3-373).
``Panama Canal Commission Compensation Fund (16-
5155-0-2-602).
``Payment of Vietnam and USS Pueblo prisoner-of-war
claims within the Salaries and Expenses, Foreign Claims
Settlement account (15-0100-0-1-153).
``Payment to Civil Service Retirement and
Disability Fund (24-0200-0-1-805).
``Payment to Department of Defense Medicare-
Eligible Retiree Health Care Fund (97-0850-0-1-054).
``Payment to Judiciary Trust Funds (10-0941-0-1-
752).
``Payment to Military Retirement Fund (97-0040-0-1-
054).
``Payment to the Foreign Service Retirement and
Disability Fund (19-0540-0-1-153).
``Payments to Copyright Owners (03-5175-0-2-376).
``Payments to Health Care Trust Funds (75-0580-0-1-
571).
``Payment to Radiation Exposure Compensation Trust
Fund (15-0333-0-1-054).
``Payments to Social Security Trust Funds (28-0404-
0-1-651).
``Payments to the United States Territories, Fiscal
Assistance (14-0418-0-1-806).
``Payments to trust funds from excise taxes or
other receipts properly creditable to such trust funds.
``Payments to widows and heirs of deceased Members
of Congress (00-0215-0-1-801).
``Postal Service Fund (18-4020-0-3-372).
``Radiation Exposure Compensation Trust Fund (15-
8116-0-1-054).
``Reimbursement to Federal Reserve Banks (20-0562-
0-1-803).
``Salaries of Article III judges.
``Soldiers and Airmen's Home, payment of claims
(84-8930-0-7-705).
``Tennessee Valley Authority Fund, except nonpower
programs and activities (64-4110-0-3-999).
``Tribal and Indian trust accounts within the
Department of the Interior which fund prior legal
obligations of the Government or which are established
pursuant to Acts of Congress regarding Federal
management of tribal real property or other fiduciary
responsibilities, including but not limited to Tribal
Special Fund (14-5265-0-2-452), Tribal Trust Fund (14-
8030-0-7-452), White Earth Settlement (14-2204-0-1-
452), and Indian Water Rights and Habitat Acquisition
(14-5505-0-2-303).
``United Mine Workers of America 1992 Benefit Plan
(95-8260-0-7-551).
``United Mine Workers of America 1993 Benefit Plan
(95-8535-0-7-551).
``United Mine Workers of America Combined Benefit
Fund (95-8295-0-7-551).
``United States Enrichment Corporation Fund (95-
4054-0-3-271).
``Universal Service Fund (27-5183-0-2-376).
``Vaccine Injury Compensation (75-0320-0-1-551).
``Vaccine Injury Compensation Program Trust Fund
(20-8175-0-7-551).
``(B) The following Federal retirement and
disability accounts and activities shall be exempt from
reduction under any order issued under this part:
``Black Lung Disability Trust Fund (20-8144-0-7-
601).
``Central Intelligence Agency Retirement and
Disability System Fund (56-3400-0-1-054).
``Civil Service Retirement and Disability Fund (24-
8135-0-7-602).
``Comptrollers general retirement system (05-0107-
0-1-801).
``Contributions to U.S. Park Police annuity
benefits, Other Permanent Appropriations (14-9924-0-2-
303).
``Court of Appeals for Veterans Claims Retirement
Fund (95-8290-0-7-705).
``Department of Defense Medicare-Eligible Retiree
Health Care Fund (97-5472-0-2-551).
``District of Columbia Federal Pension Fund (20-
5511-0-2-601).
``District of Columbia Judicial Retirement and
Survivors Annuity Fund (20-8212-0-7-602).
``Energy Employees Occupational Illness
Compensation Fund (16-1523-0-1-053).
``Foreign National Employees Separation Pay (97-
8165-0-7-051).
``Foreign Service National Defined Contributions
Retirement Fund (19-5497-0-2-602).
``Foreign Service National Separation Liability
Trust Fund (19-8340-0-7-602).
``Foreign Service Retirement and Disability Fund
(19-8186-0-7-602).
``Government Payment for Annuitants, Employees
Health Benefits (24-0206-0-1-551).
``Government Payment for Annuitants, Employee Life
Insurance (24-0500-0-1-602).
``Judicial Officers'' Retirement Fund (10-8122-0-7-
602).
``Judicial Survivors'' Annuities Fund (10-8110-0-7-
602).
``Military Retirement Fund (97-8097-0-7-602).
``National Railroad Retirement Investment Trust
(60-8118-0-7-601).
``National Oceanic and Atmospheric Administration
retirement (13-1450-0-1-306).
``Pensions for former Presidents (47-0105-0-1-802).
``Postal Service Retiree Health Benefits Fund (24-
5391-0-2-551).
``Public Safety Officer Benefits (15-0403-0-1-754).
``Rail Industry Pension Fund (60-8011-0-7-601).
``Retired Pay, Coast Guard (70-0602-0-1-403).
``Retirement Pay and Medical Benefits for
Commissioned Officers, Public Health Service (75-0379-
0-1-551).
``Special Benefits for Disabled Coal Miners (16-
0169-0-1-601).
``Special Benefits, Federal Employees''
Compensation Act (16-1521-0-1-600).
``Special Workers Compensation Expenses (16-9971-0-
7-601).
``Tax Court Judges Survivors Annuity Fund (23-8115-
0-7-602).
``United States Court of Federal Claims Judges''
Retirement Fund (10-8124-0-7-602).
``United States Secret Service, DC Annuity (70-
0400-0-1-751).
``Voluntary Separation Incentive Fund (97-8335-0-7-
051).
``(2) Prior legal obligations of the Government in
the following budget accounts and activities shall be
exempt from any order issued under this part:
``Biomass Energy Development (20-0114-0-1-271).
``Check Forgery Insurance Fund (20-4109-0-3-803).
``Credit liquidating accounts.
``Credit reestimates.
``Employees Life Insurance Fund (24-8424-0-8-602).
``Federal Aviation Insurance Revolving Fund (69-
4120-0-3-402).
``Federal Crop Insurance Corporation Fund (12-4085-
0-3-351).
``Federal Emergency Management Agency, National
Flood Insurance Fund (58-4236-0-3-453).
``Geothermal resources development fund (89-0206-0-
1-271).
``Low-Rent Public Housing--Loans and Other Expenses
(86-4098-0-3-604).
``Maritime Administration, War Risk Insurance
Revolving Fund (69-4302-0-3-403).
``Natural Resource Damage Assessment Fund (14-1618-
0-1-302).
``Overseas Private Investment Corporation,
Noncredit Account (71-4184-0-3-151).
``Pension Benefit Guaranty Corporation Fund (16-
4204-0-3-601).
``San Joaquin Restoration Fund (14-5537-0-2-301).
``Servicemembers'' Group Life Insurance Fund (36-
4009-0-3-701).
``Terrorism Insurance Program (20-0123-0-1-376).
``(h) Low-income Programs--The following programs
shall be exempt from reduction under any order issued
under this part:
``Academic Competitiveness/Smart Grant Program (91-
0205-0-1-502).
``Child Care Entitlement to States (75-1550-0-1-
609).
``Child Enrollment Contingency Fund (75-5551-0-2-
551).
``Child Nutrition Programs (with the exception of
special milk programs) (12-3539-0-1-605).
``Children's Health Insurance Fund (75-0515-0-1-
551).
``Commodity Supplemental Food Program (12-3507-0-1-
605).
``Contingency Fund (75-1522-0-1-609).
``Family Support Programs (75-1501-0-1-609).
``Federal Pell Grants under section 401 Title IV of
the Higher Education Act.
``Grants to States for Medicaid (75-0512-0-1-551).
``Payments for Foster Care and Permanency (75-1545-
0-1-609).
``Supplemental Nutrition Assistance Program (12-
3505-0-1-605).
``Supplemental Security Income Program (28-0406-0-
1-609).
``Temporary Assistance for Needy Families (75-1552-
0-1-609).''.
(d) Additional Excluded Programs--Section 255 of
BBEDCA is amended by adding the following after
subsection (h):
``(i) Economic Recovery Programs--The following
programs shall be exempt from reduction under any order
issued under this part:
``GSE Preferred Stock Purchase Agreements (20-0125-
0-1-371).
``Office of Financial Stability (20-0128-0-1-376).
``Special Inspector General for the Troubled Asset
Relief Program (20-0133-0-1-76).
``(j) Split Treatment Programs--Each of the
following programs shall be exempt from any order under
this part to the extent that the budgetary resources of
such programs are ubject to obligation limitations in
appropriations bills:
``Federal-Aid Highways (69-8083-0-7-401).
``Highway Traffic Safety Grants (69-8020-0-7-401).
``Operations and Research NHTSA and National Driver
Register (69-8016-0-7-401).
``Motor Carrier Safety Operations and Programs (69-
8159-0-7-401).
``Motor Carrier Safety Grants (69-8158-0-7-401).
``Formula and Bus Grants (69-8350-0-7-401).
``Grants-In-Aid for Airports (69-8106-0-7-402).''.
SEC. 12. [2 U.S.C. 938] DETERMINATIONS AND POINTS OF ORDER.
Nothing in this title shall be construed as limiting the
authority of the chairmen of the Committees on the Budget of
the House and Senate under section 312 of the Congressional
Budget Act of 1974. CBO may consult with the Chairmen of the
House and Senate Budget Committees to resolve any ambiguities
in this title.
SEC. 13. [2 U.S.C. 939] LIMITATION ON CHANGES TO THE SOCIAL SECURITY
ACT.
(a) Limitation on Changes to the Social Security Act.--
Notwithstanding any other provision of law, it shall not be in
order in the Senate or the House of Representatives to consider
any bill or resolution pursuant to any expedited procedure to
consider the recommendations of a Task Force for Responsible
Fiscal Action or other commission that contains recommendations
with respect to the old-age, survivors, and disability
insurance program established under title II of the Social
Security Act, or the taxes received under subchapter A of
chapter 9; the taxes imposed by subchapter E of chapter 1; and
the taxes collected under section 86 of part II of subchapter B
of chapter 1 of the Internal Revenue Code.
(b) Waiver.--This section may be waived or suspended in the
Senate only by the affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(c) Appeals.--An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn, shall be required
in the Senate to sustain an appeal of the ruling of the Chair
on a point of order raised under this section.
Title II--Elimination of Duplicative and
Wasteful Spending
SEC. 21. IDENTIFICATION, CONSOLIDATION, AND ELIMINATION OF DUPLICATIVE
GOVERNMENT PROGRAMS.
The Comptroller General of the Government Accountability
Office shall conduct routine investigations to identify
programs, agencies, offices, and initiatives with duplicative
goals and activities within Departments and governmentwide and
report annually to Congress on the findings, including the cost
of such duplication and with recommendations for consolidation
and elimination to reduce duplication identifying specific
rescissions.END OF STATUTE deg.
======================================================================
BUDGET CONTROL ACT OF 2011
======================================================================
BUDGET CONTROL ACT OF 2011
(Public Law 112-25)
AN ACT To provide for budget control.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) [2 U.S.C. 900 note] Short Title.--This Act may be cited
as the ``Budget Control Act of 2011''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Severability.
TITLE I--TEN-YEAR DISCRETIONARY CAPS WITH SEQUESTER
Sec. 101. Enforcing discretionary spending limits.
Sec. 102. Definitions.
Sec. 103. Reports and orders.
Sec. 104. Expiration.
Sec. 105. Amendments to the Congressional Budget and Impoundment Control
Act of 1974.
Sec. 106. Senate budget enforcement.
TITLE II--VOTE ON THE BALANCED BUDGET AMENDMENT
Sec. 201. Vote on the balanced budget amendment.
Sec. 202. Consideration by the other House.
TITLE III--DEBT CEILING DISAPPROVAL PROCESS
Sec. 301. Debt ceiling disapproval process.
Sec. 302. Enforcement of budget goal.
TITLE IV--JOINT SELECT COMMITTEE ON DEFICIT REDUCTION
Sec. 401. Establishment of Joint Select Committee.
Sec. 402. Expedited consideration of joint committee recommendations.
Sec. 403. Funding.
Sec. 404. Rulemaking.
TITLE V--PELL GRANT AND STUDENT LOAN PROGRAM CHANGES
Sec. 501. Federal Pell grants.
Sec. 502. Termination of authority to make interest subsidized loans to
graduate and professional students.
Sec. 503. Termination of direct loan repayment incentives.
Sec. 504. Inapplicability of title IV negotiated rulemaking and master
calendar exception.
SEC. 2. [2 U.S.C. 900 NOTE] SEVERABILITY.
If any provision of this Act, or any application of such
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this Act and the application
of this Act to any other person or circumstance shall not be
affected.
Title I--Ten-Year Discretionary Caps
With Sequester
SEC. 101. ENFORCING DISCRETIONARY SPENDING LIMITS.
Section 251 of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended to read as follows:
``SEC. 251. ENFORCING DISCRETIONARY SPENDING LIMITS.
``(a) Enforcement.--
``(1) Sequestration.--Within 15 calendar days after
Congress adjourns to end a session there shall be a
sequestration to eliminate a budget-year breach, if
any, within any category.
``(2) Eliminating a breach.--Each non-exempt
account within a category shall be reduced by a dollar
amount calculated by multiplying the enacted level of
sequestrable budgetary resources in that account at
that time by the uniform percentage necessary to
eliminate a breach within that category.
``(3) Military personnel.--If the President uses
the authority to exempt any personnel account from
sequestration under section 255(f), each account within
subfunctional category 051 (other than those military
personnel accounts for which the authority provided
under section 255(f) has been exercised) shall be
further reduced by a dollar amount calculated by
multiplying the enacted level of non-exempt budgetary
resources in that account at that time by the uniform
percentage necessary to offset the total dollar amount
by which outlays are not reduced in military personnel
accounts by reason of the use of such authority.
``(4) Part-year appropriations.--If, on the date
specified in paragraph (1), there is in effect an Act
making or continuing appropriations for part of a
fiscal year for any budget account, then the dollar
sequestration calculated for that account under
paragraphs (2) and (3) shall be subtracted from--
``(A) the annualized amount otherwise
available by law in that account under that or
a subsequent part-year appropriation; and
``(B) when a full-year appropriation for
that account is enacted, from the amount
otherwise provided by the full-year
appropriation for that account.
``(5) Look-back.--If, after June 30, an
appropriation for the fiscal year in progress is
enacted that causes a breach within a category for that
year (after taking into account any sequestration of
amounts within that category), the discretionary
spending limits for that category for the next fiscal
year shall be reduced by the amount or amounts of that
breach.
``(6) Within-session sequestration.--If an
appropriation for a fiscal year in progress is enacted
(after Congress adjourns to end the session for that
budget year and before July 1 of that fiscal year) that
causes a breach within a category for that year (after
taking into account any prior sequestration of amounts
within that category), 15 days later there shall be a
sequestration to eliminate that breach within that
category following the procedures set forth in
paragraphs (2) through (4).
``(7) Estimates.--
``(A) CBO estimates.--As soon as
practicable after Congress completes action on
any discretionary appropriation, CBO, after
consultation with the Committees on the Budget
of the House of Representatives and the Senate,
shall provide OMB with an estimate of the
amount of discretionary new budget authority
and outlays for the current year, if any, and
the budget year provided by that legislation.
``(B) OMB estimates and explanation of
differences.--Not later than 7 calendar days
(excluding Saturdays, Sundays, and legal
holidays) after the date of enactment of any
discretionary appropriation, OMB shall transmit
a report to the House of Representatives and to
the Senate containing the CBO estimate of that
legislation, an OMB estimate of the amount of
discretionary new budget authority and outlays
for the current year, if any, and the budget
year provided by that legislation, and an
explanation of any difference between the 2
estimates. If during the preparation of the
report OMB determines that there is a
significant difference between OMB and CBO, OMB
shall consult with the Committees on the Budget
of the House of Representatives and the Senate
regarding that difference and that consultation
shall include, to the extent practicable,
written communication to those committees that
affords such committees the opportunity to
comment before the issuance of the report.
``(C) Assumptions and guidelines.--OMB
estimates under this paragraph shall be made
using current economic and technical
assumptions. OMB shall use the OMB estimates
transmitted to the Congress under this
paragraph. OMB and CBO shall prepare estimates
under this paragraph in conformance with
scorekeeping guidelines determined after
consultation among the Committees on the Budget
of the House of Representatives and the Senate,
CBO, and OMB.
``(D) Annual appropriations.--For purposes
of this paragraph, amounts provided by annual
appropriations shall include any discretionary
appropriations for the current year, if any,
and the budget year in accounts for which
funding is provided in that legislation that
result from previously enacted legislation.
``(b) Adjustments to Discretionary Spending Limits.--
``(1) Concepts and definitions.--When the President
submits the budget under section 1105 of title 31,
United States Code, OMB shall calculate and the budget
shall include adjustments to discretionary spending
limits (and those limits as cumulatively adjusted) for
the budget year and each outyear to reflect changes in
concepts and definitions. Such changes shall equal the
baseline levels of new budget authority and outlays
using up-to-date concepts and definitions, minus those
levels using the concepts and definitions in effect
before such changes. Such changes may only be made
after consultation with the Committees on
Appropriations and the Budget of the House of
Representatives and the Senate, and that consultation
shall include written communication to such committees
that affords such committees the opportunity to comment
before official action is taken with respect to such
changes.
``(2) Sequestration reports.--When OMB submits a
sequestration report under section 254(e), (f), or (g)
for a fiscal year, OMB shall calculate, and the
sequestration report and subsequent budgets submitted
by the President under section 1105(a) of title 31,
United States Code, shall include adjustments to
discretionary spending limits (and those limits as
adjusted) for the fiscal year and each succeeding year,
as follows:
``(A) Emergency appropriations; overseas
contingency operations/global war on
terrorism.--If, for any fiscal year,
appropriations for discretionary accounts are
enacted that--
``(i) the Congress designates as
emergency requirements in statute on an
account by account basis and the
President subsequently so designates,
or
``(ii) the Congress designates for
Overseas Contingency Operations/Global
War on Terrorism in statute on an
account by account basis and the
President subsequently so designates,
the adjustment shall be the total of such
appropriations in discretionary accounts
designated as emergency requirements or for
Overseas Contingency Operations/Global War on
Terrorism, as applicable.
``(B) Continuing disability reviews and
redeterminations.--(i) If a bill or joint
resolution making appropriations for a fiscal
year is enacted that specifies an amount for
continuing disability reviews under titles II
and XVI of the Social Security Act and for the
cost associated with conducting
redeterminations of eligibility under title XVI
of the Social Security Act, then the
adjustments for that fiscal year shall be the
additional new budget authority provided in
that Act for such expenses for that fiscal
year, but shall not exceed--
``(I) for fiscal year 2012,
$623,000,000 in additional new budget
authority;
``(II) for fiscal year 2013,
$751,000,000 in additional new budget
authority;
``(III) for fiscal year 2014,
$924,000,000 in additional new budget
authority;
``(IV) for fiscal year 2015,
$1,123,000,000 in additional new budget
authority;
``(V) for fiscal year 2016,
$1,166,000,000 in additional new budget
authority;
``(VI) for fiscal year 2017,
$1,309,000,000 in additional new budget
authority;
``(VII) for fiscal year 2018,
$1,309,000,000 in additional new budget
authority;
``(VIII) for fiscal year 2019,
$1,309,000,000 in additional new budget
authority;
``(IX) for fiscal year 2020,
$1,309,000,000 in additional new budget
authority; and
``(X) for fiscal year 2021,
$1,309,000,000 in additional new budget
authority.
``(ii) As used in this subparagraph--
``(I) the term `continuing
disability reviews' means continuing
disability reviews under sections
221(i) and 1614(a)(4) of the Social
Security Act;
``(II) the term `redetermination'
means redetermination of eligibility
under sections 1611(c)(1) and
1614(a)(3)(H) of the Social Security
Act; and
``(III) the term `additional new
budget authority' means the amount
provided for a fiscal year, in excess
of $273,000,000, in an appropriation
Act and specified to pay for the costs
of continuing disability reviews and
redeterminations under the heading
`Limitation on Administrative Expenses'
for the Social Security Administration.
``(C) Health care fraud and abuse
control.--
(i) If a bill or joint resolution
making appropriations for a fiscal year
is enacted that specifies an amount for
the health care fraud abuse control
program at the Department of Health and
Human Services (75-8393-0-7-571), then
the adjustments for that fiscal year
shall be the amount of additional new
budget authority provided in that Act
for such program for that fiscal year,
but shall not exceed--
``(I) for fiscal year 2012,
$270,000,000 in additional new
budget authority;
``(II) for fiscal year
2013, $299,000,000 in
additional new budget
authority;
``(III) for fiscal year
2014, $329,000,000 in
additional new budget
authority;
``(IV) for fiscal year
2015, $361,000,000 in
additional new budget
authority;
``(V) for fiscal year 2016,
$395,000,000 in additional new
budget authority;
``(VI) for fiscal year
2017, $414,000,000 in
additional new budget
authority;
``(VII) for fiscal year
2018, $434,000,000 in
additional new budget
authority;
``(VIII) for fiscal year
2019, $454,000,000 in
additional new budget
authority;
``(IX) for fiscal year
2020, $475,000,000 in
additional new budget
authority; and
``(X) for fiscal year 2021,
$496,000,000 in additional new
budget authority.
``(ii) As used in this
subparagraph, the term `additional new
budget authority' means the amount
provided for a fiscal year, in excess
of $311,000,000, in an appropriation
Act and specified to pay for the costs
of the health care fraud and abuse
control program.
``(D) Disaster funding.--
``(i) If, for fiscal years 2012
through 2021, appropriations for
discretionary accounts are enacted that
Congress designates as being for
disaster relief in statute, the
adjustment for a fiscal year shall be
the total of such appropriations for
the fiscal year in discretionary
accounts designated as being for
disaster relief, but not to exceed the
total of--
``(I) the average funding
provided for disaster relief
over the previous 10 years,
excluding the highest and
lowest years; and
``(II) the amount, for
years when the enacted new
discretionary budget authority
designated as being for
disaster relief for the
preceding fiscal year was less
than the average as calculated
in subclause (I) for that
fiscal year, that is the
difference between the enacted
amount and the allowable
adjustment as calculated in
such subclause for that fiscal
year.
``(ii) OMB shall report to the
Committees on Appropriations and Budget
in each House the average calculated
pursuant to clause (i)(II), not later
than 30 days after the date of the
enactment of the Budget Control Act of
2011.
``(iii) For the purposes of this
subparagraph, the term `disaster
relief' means activities carried out
pursuant to a determination under
section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(2)).\73\
---------------------------------------------------------------------------
\73\ Major disaster.--``Major disaster'' means any natural
catastrophe (including any hurricane, tornado, storm, high water,
winddriven water, tidal wave, tsunami, earthquake, volcanic eruption,
landslide, mudslide, snowstorm, or drought), or, regardless of cause,
any fire, flood, or explosion, in any part of the United States, which
in the determination of the President causes damage of sufficient
severity and magnitude to warrant major disaster assistance under this
chapter to supplement the efforts and available resources of States,
local governments, and disaster relief organizations in alleviating the
damage, loss, hardship, or suffering caused thereby.
---------------------------------------------------------------------------
``(iv) Appropriations considered
disaster relief under this subparagraph
in a fiscal year shall not be eligible
for adjustments under subparagraph (A)
for the fiscal year.
``(c) Discretionary Spending Limit.--As used in this part,
the term `discretionary spending limit' means--
``(1) with respect to fiscal year 2012--
``(A) for the security category,
$684,000,000,000 in new budget authority; and
``(B) for the nonsecurity category,
$359,000,000,000 in new budget authority;
``(2) with respect to fiscal year 2013--
``(A) for the security category,
$686,000,000,000 in new budget authority; and
``(B) for the nonsecurity category,
$361,000,000,000 in new budget authority;
``(3) with respect to fiscal year 2014, for the
discretionary category, $1,066,000,000,000 in new
budget authority;
``(4) with respect to fiscal year 2015, for the
discretionary category, $1,086,000,000,000 in new
budget authority;
``(5) with respect to fiscal year 2016, for the
discretionary category, $1,107,000,000,000 in new
budget authority;
``(6) with respect to fiscal year 2017, for the
discretionary category, $1,131,000,000,000 in new
budget authority;
``(7) with respect to fiscal year 2018, for the
discretionary category, $1,156,000,000,000 in new
budget authority;
``(8) with respect to fiscal year 2019, for the
discretionary category, $1,182,000,000,000 in new
budget authority;
``(9) with respect to fiscal year 2020, for the
discretionary category, $1,208,000,000,000 in new
budget authority; and
``(10) with respect to fiscal year 2021, for the
discretionary category, $1,234,000,000,000 in new
budget authority;
as adjusted in strict conformance with subsection (b).''.
SEC. 102. DEFINITIONS.
Section 250(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended as follows:
(1) Strike paragraph (4) and insert the following
new paragraph:
``(4)(A) The term `nonsecurity category' means all
discretionary appropriations not included in the
security category defined in subparagraph (B).
``(B) The term `security category' includes
discretionary appropriations associated with agency
budgets for the Department of Defense, the Department
of Homeland Security, the Department of Veterans
Affairs, the National Nuclear Security Administration,
the intelligence community management account (95-0401-
0-1-054), and all budget accounts in budget function
150 (international affairs).
``(C) The term `discretionary category' includes
all discretionary appropriations.''.
(2) In paragraph (8)(C), strike ``the food stamp
program'' and insert ``the Supplemental Nutrition
Assistance Program''.
(3) Strike paragraph (14) and insert the following
new paragraph:
``(14) The term `outyear' means a fiscal year one
or more years after the budget year.''.
(4) At the end, add the following new paragraphs:
``(20) The term `emergency' means a situation
that--
``(A) requires new budget authority and
outlays (or new budget authority and the
outlays flowing therefrom) for the prevention
or mitigation of, or response to, loss of life
or property, or a threat to national security;
and
``(B) is unanticipated.
``(21) The term `unanticipated' means that the
underlying situation is--
``(A) sudden, which means quickly coming
into being or not building up over time;
``(B) urgent, which means a pressing and
compelling need requiring immediate action;
``(C) unforeseen, which means not predicted
or anticipated as an emerging need; and
``(D) temporary, which means not of a
permanent duration.''.
SEC. 103. REPORTS AND ORDERS.
Section 254 of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended as follows:
(1) In subsection (c)(2), strike ``2002'' and
insert ``2021''.
(2) At the end of subsection (e), insert ``This
report shall also contain a preview estimate of the
adjustment for disaster funding for the upcoming fiscal
year.''.
(3) In subsection (f)(2)(A), strike ``2002'' and
insert ``2021''; before the concluding period insert
``, including a final estimate of the adjustment for
disaster funding''.
SEC. 104. EXPIRATION.
(a) Repealer.--Section 275 of the Balanced Budget and
Emergency Deficit Control Act of 1985 is repealed.
(b) Conforming Change.--Sections 252(d)(1), 254(c),
254(f)(3), and 254(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall not apply to the
Congressional Budget Office.
SEC. 105. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND IMPOUNDMENT
CONTROL ACT OF 1974.
(a) Adjustments.--Section 314 of the Congressional Budget
Act of 1974 is amended as follows:
(1) Strike subsection (a) and insert the following:
``(a) Adjustments.--After the reporting of a bill or joint
resolution or the offering of an amendment thereto or the
submission of a conference report thereon, the chairman of the
Committee on the Budget of the House of Representatives or the
Senate may make appropriate budgetary adjustments of new budget
authority and the outlays flowing therefrom in the same amount
as required by section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985.''.
(2) Strike subsections (b) and (e) and redesignate
subsections (c) and (d) as subsections (b) and (c),
respectively.
(3) At the end, add the following new subsections:
``(d) Emergencies in the House of Representatives.--
(1) In the House of Representatives, if a reported
bill or joint resolution, or amendment thereto or
conference report thereon, contains a provision
providing new budget authority and outlays or reducing
revenue, and a designation of such provision as an
emergency requirement pursuant to 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, the chair of the Committee on the Budget of the
House of Representatives shall not count the budgetary
effects of such provision for purposes of title III and
title IV of the Congressional Budget Act of 1974 and
the Rules of the House of Representatives.
``(2)(A) In the House of Representatives, if a
reported bill or joint resolution, or amendment thereto
or conference report thereon, contains a provision
providing new budget authority and outlays or reducing
revenue, and a designation of such provision as an
emergency pursuant to paragraph (1), the chair of the
Committee on the Budget shall not count the budgetary
effects of such provision for purposes of this title
and title IV and the Rules of the House of
Representatives.
``(B) In the House of Representatives, a
proposal to strike a designation under
subparagraph (A) shall be excluded from an
evaluation of budgetary effects for purposes of
this title and title IV and the Rules of the
House of Representatives.
``(C) An amendment offered under
subparagraph (B) that also proposes to reduce
each amount appropriated or otherwise made
available by the pending measure that is not
required to be appropriated or otherwise made
available shall be in order at any point in the
reading of the pending measure.
``(e) Enforcement of Discretionary Spending Caps.--It shall
not be in order in the House of Representatives or the Senate
to consider any bill, joint resolution, amendment, motion, or
conference report that would cause the discretionary spending
limits as set forth in section 251 of the Balanced Budget and
Emergency Deficit Control Act to be exceeded.''.
(b) Definitions.--Section 3 of the Congressional Budget and
Impoundment Control Act of 1974 is amended by adding at the end
the following new paragraph:
``(11) The terms `emergency' and `unanticipated'
have the meanings given to such terms in section 250(c)
of the Balanced Budget and Emergency Deficit Control
Act of 1985.''.
(c) Appeals for Discretionary Caps.--Section 904(c)(2) of
the Congressional Budget Act of 1974 is amended by striking
``and 312(c)'' and inserting ``312(c), and 314(e)''.
SEC. 106. [2 U.S.C. 631 NOTE] SENATE BUDGET ENFORCEMENT.
(a) In General.--
(1) For the purpose of enforcing the Congressional
Budget Act of 1974 through April 15, 2012, including
section 300 of that Act, and enforcing budgetary points
of order in prior concurrent resolutions on the budget,
the allocations, aggregates, and levels set in
subsection (b)(1) shall apply in the Senate in the same
manner as for a concurrent resolution on the budget for
fiscal year 2012 with appropriate budgetary levels for
fiscal years 2011 and 2013 through 2021.
(2) For the purpose of enforcing the Congressional
Budget Act of 1974 after April 15, 2012, including
section 300 of that Act, and enforcing budgetary points
of order in prior concurrent resolutions on the budget,
the allocations, aggregates, and levels set in
subsection (b)(2) shall apply in the Senate in the same
manner as for a concurrent resolution on the budget for
fiscal year 2013 with appropriate budgetary levels for
fiscal years 2012 and 2014 through 2022.
(b) Committee Allocations, Aggregates, and Levels.--
(1) As soon as practicable after the date of
enactment of this section, the Chairman of the
Committee on the Budget shall file--
(A) for the Committee on Appropriations,
committee allocations for fiscal years 2011 and
2012 consistent with the discretionary spending
limits set forth in this Act for the purpose of
enforcing section 302 of the Congressional
Budget Act of 1974;
(B) for all committees other than the
Committee on Appropriations, committee
allocations for fiscal years 2011, 2012, 2012
through 2016, and 2012 through 2021 consistent
with the Congressional Budget Office's March
2011 baseline adjusted to account for the
budgetary effects of this Act and legislation
enacted prior to this Act but not included in
the Congressional Budget Office's March 2011
baseline, for the purpose of enforcing section
302 of the Congressional Budget Act of 1974;
(C) aggregate spending levels for fiscal
years 2011 and 2012 and aggregate revenue
levels for fiscal years 2011, 2012, 2012
through 2016, 2012 through 2021 consistent with
the Congressional Budget Office's March 2011
baseline adjusted to account for the budgetary
effects of this Act and legislation enacted
prior to this Act but not included in the
Congressional Budget Office's March 2011
baseline, and the discretionary spending limits
set forth in this Act for the purpose of
enforcing section 311 of the Congressional
Budget Act of 1974; and
(D) levels of Social Security revenues and
outlays for fiscal years 2011, 2012, 2012
through 2016, and 2012 through 2021 consistent
with the Congressional Budget Office's March
2011 baseline adjusted to account for the
budgetary effects of this Act and legislation
enacted prior to this Act but not included in
the Congressional Budget Office's March 2011
baseline, for the purpose of enforcing sections
302 and 311 of the Congressional Budget Act of
1974.
(2) Not later than April 15, 2012, the Chairman of
the Committee on the Budget shall file--
(A) for the Committee on Appropriations,
committee allocations for fiscal years 2012 and
2013 consistent with the discretionary spending
limits set forth in this Act for the purpose of
enforcing section 302 of the Congressional
Budget Act of 1974;
(B) for all committees other than the
Committee on Appropriations, committee
allocations for fiscal years 2012, 2013, 2013
through 2017, and 2013 through 2022 consistent
with the Congressional Budget Office's March
2012 baseline for the purpose of enforcing
section 302 of the Congressional Budget Act of
1974;
(C) aggregate spending levels for fiscal
years 2012 and 2013 and aggregate revenue
levels for fiscal years 2012, 2013, 2013-2017,
and 2013-2022 consistent with the Congressional
Budget Office's March 2012 baseline and the
discretionary spending limits set forth in this
Act for the purpose of enforcing section 311 of
the Congressional Budget Act of 1974; and
(D) levels of Social Security revenues and
outlays for fiscal years 2012 and 2013, 2013-
2017, and 2013-2022 consistent with the
Congressional Budget Office's March 2012
baseline budget for the purpose of enforcing
sections 302 and 311 of the Congressional
Budget Act of 1974.
(c) Senate Pay-As-You-Go Scorecard.--
(1) Effective on the date of enactment of this
section, for the purpose of enforcing section 201 of S.
Con. Res. 21 (110th Congress), the Chairman of the
Senate Committee on the Budget shall reduce any
balances of direct spending and revenues for any fiscal
year to 0 (zero).
(2) Not later than April 15, 2012, for the purpose
of enforcing section 201 of S. Con. Res. 21 (110th
Congress), the Chairman of the Senate Committee on the
Budget shall reduce any balances of direct spending and
revenues for any fiscal year to 0 (zero).
(3) Upon resetting the Senate paygo scorecard
pursuant to paragraph (2), the Chairman shall publish a
notification of such action in the Congressional
Record.
(d) Further Adjustments.--
(1) The Chairman of the Committee on the Budget of
the Senate may revise any allocations, aggregates, or
levels set pursuant to this section to account for any
subsequent adjustments to discretionary spending limits
made pursuant to this Act.
(2) With respect to any allocations, aggregates, or
levels set or adjustments made pursuant to this
section, sections 412 through 414 of S. Con. Res. 13
(111th Congress) shall remain in effect.
(e) Expiration.--
(1) Subsections (a)(1), (b)(1), and (c)(1) shall
expire if a concurrent resolution on the budget for
fiscal year 2012 is agreed to by the Senate and House
of Representatives pursuant to section 301 of the
Congressional Budget Act of 1974.
(2) Subsections (a)(2), (b)(2), and (c)(2) shall
expire if a concurrent resolution on the budget for
fiscal year 2013 is agreed to by the Senate and House
of Representatives pursuant to section 301 of the
Congressional Budget Act of 1974.
Title II--Vote on the
Balanced Budget Amendment
SEC. 201. VOTE ON THE BALANCED BUDGET AMENDMENT.
After September 30, 2011, and not later than December 31,
2011, the House of Representatives and Senate, respectively,
shall vote on passage of a joint resolution, the title of which
is as follows: ``Joint resolution proposing a balanced budget
amendment to the Constitution of the United States.''.
SEC. 202. CONSIDERATION BY THE OTHER HOUSE.
(a) House Consideration.--
(1) Referral.--If the House receives a joint
resolution described in section 201 from the Senate,
such joint resolution shall be referred to the
Committee on the Judiciary. If the committee fails to
report the joint resolution within five legislative
days, it shall be in order to move that the House
discharge the committee from further consideration of
the joint resolution. Such a motion shall not be in
order after the House has disposed of a motion to
discharge the joint resolution. The previous question
shall be considered as ordered on the motion to its
adoption without intervening motion except twenty
minutes of debate equally divided and controlled by the
proponent and an opponent. If such a motion is adopted,
the House shall proceed immediately to consider the
joint resolution in accordance with paragraph (3). A
motion to reconsider the vote by which the motion is
disposed of shall not be in order.
(2) Proceeding to consideration.--After the joint
resolution has been referred to the appropriate
calendar or the committee has been discharged (other
than by motion) from its consideration, it shall be in
order to move to proceed to consider the joint
resolution in the House. Such a motion shall not be in
order after the House has disposed of a motion to
proceed with respect to the joint resolution. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. A
motion to reconsider the vote by which the motion is
disposed of shall not be in order.
(3) Consideration.--The joint resolution shall be
considered as read. All points of order against the
joint resolution and against its consideration are
waived. The previous question shall be considered as
ordered on the joint resolution to its passage without
intervening motion except two hours of debate equally
divided and controlled by the proponent and an opponent
and one motion to limit debate on the joint resolution.
A motion to reconsider the vote on passage of the joint
resolution shall not be in order.
(b) Senate Consideration.--
(1) If the Senate receives a joint resolution
described in section 201 from the House of
Representatives, such joint resolution shall be
referred to the appropriate committee of the Senate. If
such committee has not reported the joint resolution at
the close of the fifth session day after its receipt by
the Senate, such committee shall be automatically
discharged from further consideration of the joint
resolution and it shall be placed on the appropriate
calendar.
(2) Consideration of the joint resolution and on
all debatable motions and appeals in connection
therewith, shall be limited to not more than 20 hours,
which shall be divided equally between the majority and
minority leaders or their designees. A motion further
to limit debate is in order and not debatable. An
amendment to, or a motion to postpone, or a motion to
proceed to the consideration of other business, or a
motion to recommit the joint resolution is not in
order. Any debatable motion or appeal is debatable for
not to exceed 1 hour, to be divided equally between
those favoring and those opposing the motion or appeal.
All time used for consideration of the joint
resolution, including time used for quorum calls and
voting, shall be counted against the total 20 hours of
consideration.
(3) If the Senate has voted to proceed to a joint
resolution, the vote on passage of the joint resolution
shall be taken on or before the close of the seventh
session day after such joint resolution has been
reported or discharged or immediately following the
conclusion of consideration of the joint resolution,
and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the
Senate.
Title III--Debt Ceiling Disapproval Process
SEC. 301. DEBT CEILING DISAPPROVAL PROCESS.
(a) In General.--Subchapter I of chapter 31 of subtitle III
of title 31, United States Code, is amended--
(1) in section 3101(b), by striking ``or
otherwise'' and inserting ``or as provided by section
3101A or otherwise''; and
(2) by inserting after section 3101 the following:
``SEC. 3101A. PRESIDENTIAL MODIFICATION OF THE DEBT CEILING.
``(a) In General.--
``(1) $900 billion.--
``(A) Certification.--If, not later than
December 31, 2011, the President submits a
written certification to Congress that the
President has determined that the debt subject
to limit is within $100,000,000,000 of the
limit in section 3101(b) and that further
borrowing is required to meet existing
commitments, the Secretary of the Treasury may
exercise authority to borrow an additional
$900,000,000,000, subject to the enactment of a
joint resolution of disapproval enacted
pursuant to this section. Upon submission of
such certification, the limit on debt provided
in section 3101(b) (referred to in this section
as the `debt limit') is increased by
$400,000,000,000.
``(B) Resolution of disapproval.--Congress
may consider a joint resolution of disapproval
of the authority under subparagraph (A) as
provided in subsections (b) through (f). The
joint resolution of disapproval considered
under this section shall contain only the
language provided in subsection (b)(2). If the
time for disapproval has lapsed without
enactment of a joint resolution of disapproval
under this section, the debt limit is increased
by an additional $500,000,000,000.
``(2) Additional amount.--
``(A) Certification.--If, after the debt
limit is increased by $900,000,000,000 under
paragraph (1), the President submits a written
certification to Congress that the President
has determined that the debt subject to limit
is within $100,000,000,000 of the limit in
section 3101(b) and that further borrowing is
required to meet existing commitments, the
Secretary of the Treasury may, subject to the
enactment of a joint resolution of disapproval
enacted pursuant to this section, exercise
authority to borrow an additional amount equal
to--
``(i) $1,200,000,000,000, unless
clause (ii) or (iii) applies;
``(ii) $1,500,000,000,000 if the
Archivist of the United States has
submitted to the States for their
ratification a proposed amendment to
the Constitution of the United States
pursuant to a joint resolution entitled
`Joint resolution proposing a balanced
budget amendment to the Constitution of
the United States'; or
``(iii) if a joint committee bill
to achieve an amount greater than
$1,200,000,000,000 in deficit reduction
as provided in section
401(b)(3)(B)(i)(II) of the Budget
Control Act of 2011 is enacted, an
amount equal to the amount of that
deficit reduction, but not greater than
$1,500,000,000,000, unless clause (ii)
applies.
``(B) Resolution of disapproval.--Congress
may consider a joint resolution of disapproval
of the authority under subparagraph (A) as
provided in subsections (b) through (f). The
joint resolution of disapproval considered
under this section shall contain only the
language provided in subsection (b)(2). If the
time for disapproval has lapsed without
enactment of a joint resolution of disapproval
under this section, the debt limit is increased
by the amount authorized under subparagraph
(A).
``(b) Joint Resolution of Disapproval.--
``(1) In general.--Except for the $400,000,000,000
increase in the debt limit provided by subsection
(a)(1)(A), the debt limit may not be raised under this
section if, within 50 calendar days after the date on
which Congress receives a certification described in
subsection (a)(1) or within 15 calendar days after
Congress receives the certification described in
subsection (a)(2) (regardless of whether Congress is in
session), there is enacted into law a joint resolution
disapproving the President's exercise of authority with
respect to such additional amount.
``(2) Contents of joint resolution.--For the
purpose of this section, the term `joint resolution'
means only a joint resolution--
``(A)(i) for the certification described in
subsection (a)(1), that is introduced on
September 6, 7, 8, or 9, 2011 (or, if the
Senate was not in session, the next calendar
day on which the Senate is in session); and
``(ii) for the certification
described in subsection (a)(2), that is
introduced between the date the
certification is received and 3
calendar days after that date;
``(B) which does not have a preamble;
``(C) the title of which is only as
follows: `Joint resolution relating to the
disapproval of the President's exercise of
authority to increase the debt limit, as
submitted under section 3101A of title 31,
United States Code, on ______' (with the blank
containing the date of such submission); and
``(D) the matter after the resolving clause
of which is only as follows: `That Congress
disapproves of the President's exercise of
authority to increase the debt limit, as
exercised pursuant to the certification under
section 3101A(a) of title 31, United States
Code.'.
``(c) Expedited Consideration in House of
Representatives.--
``(1) Reconvening.--Upon receipt of a certification
described in subsection (a)(2), the Speaker, if the
House would otherwise be adjourned, shall notify the
Members of the House that, pursuant to this section,
the House shall convene not later than the second
calendar day after receipt of such certification.
``(2) Reporting and discharge.--Any committee of
the House of Representatives to which a joint
resolution is referred shall report it to the House
without amendment not later than 5 calendar days after
the date of introduction of a joint resolution
described in subsection (a). If a committee fails to
report the joint resolution within that period, the
committee shall be discharged from further
consideration of the joint resolution and the joint
resolution shall be referred to the appropriate
calendar.
``(3) Proceeding to consideration.--After each
committee authorized to consider a joint resolution
reports it to the House or has been discharged from its
consideration, it shall be in order, not later than the
sixth day after introduction of a joint resolution
under subsection (a), to move to proceed to consider
the joint resolution in the House. All points of order
against the motion are waived. Such a motion shall not
be in order after the House has disposed of a motion to
proceed on a joint resolution addressing a particular
submission. The previous question shall be considered
as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable.
A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
``(4) Consideration.--The joint resolution shall be
considered as read. All points of order against the
joint resolution and against its consideration are
waived. The previous question shall be considered as
ordered on the joint resolution to its passage without
intervening motion except two hours of debate equally
divided and controlled by the proponent and an
opponent. A motion to reconsider the vote on passage of
the joint resolution shall not be in order.
``(d) Expedited Procedure in Senate.--
``(1) Reconvening.--Upon receipt of a certification
under subsection (a)(2), if the Senate has adjourned or
recessed for more than 2 days, the majority leader of
the Senate, after consultation with the minority leader
of the Senate, shall notify the Members of the Senate
that, pursuant to this section, the Senate shall
convene not later than the second calendar day after
receipt of such message.
``(2) Placement on calendar.--Upon introduction in
the Senate, the joint resolution shall be immediately
placed on the calendar.
``(3) Floor consideration.--
``(A) In general.--Notwithstanding Rule
XXII of the Standing Rules of the Senate, it is
in order at any time during the period
beginning on the day after the date on which
Congress receives a certification under
subsection (a) and, for the certification
described in subsection (a)(1), ending on
September 14, 2011, and for the certification
described in subsection (a)(2), on the 6th day
after the date on which Congress receives a
certification under subsection (a) (even though
a previous motion to the same effect has been
disagreed to) to move to proceed to the
consideration of the joint resolution, and all
points of order against the joint resolution
(and against consideration of the joint
resolution) are waived. The motion to proceed
is not debatable. The motion is not subject to
a motion to postpone. A motion to reconsider
the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion
to proceed to the consideration of the
resolution is agreed to, the joint resolution
shall remain the unfinished business until
disposed of.
``(B) Consideration.--Consideration of the
joint resolution, and on all debatable motions
and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall
be divided equally between the majority and
minority leaders or their designees. A motion
further to limit debate is in order and not
debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the joint resolution is not in order.
``(C) Vote on passage.--If the Senate has
voted to proceed to a joint resolution, the
vote on passage of the joint resolution shall
occur immediately following the conclusion of
consideration of the joint resolution, and a
single quorum call at the conclusion of the
debate if requested in accordance with the
rules of the Senate.
``(D) Rulings of the chair on procedure.--
Appeals from the decisions of the Chair
relating to the application of the rules of the
Senate, as the case may be, to the procedure
relating to a joint resolution shall be decided
without debate.
``(e) Amendment Not in Order.--A joint resolution of
disapproval considered pursuant to this section shall not be
subject to amendment in either the House of Representatives or
the Senate.
``(f) Coordination With Action by Other House.--
``(1) In general.--If, before passing the joint
resolution, one House receives from the other a joint
resolution--
``(A) the joint resolution of the other
House shall not be referred to a committee; and
``(B) the procedure in the receiving House
shall be the same as if no joint resolution had
been received from the other House until the
vote on passage, when the joint resolution
received from the other House shall supplant
the joint resolution of the receiving House.
``(2) Treatment of joint resolution of other
house.--If the Senate fails to introduce or consider a
joint resolution under this section, the joint
resolution of the House shall be entitled to expedited
floor procedures under this section.
``(3) Treatment of companion measures.--If,
following passage of the joint resolution in the
Senate, the Senate then receives the companion measure
from the House of Representatives, the companion
measure shall not be debatable.
``(4) Consideration after passage.--
(A) If Congress passes a joint resolution,
the period beginning on the date the President
is presented with the joint resolution and
ending on the date the President signs, allows
to become law without his signature, or vetoes
and returns the joint resolution (but excluding
days when either House is not in session) shall
be disregarded in computing the appropriate
calendar day period described in subsection
(b)(1).
``(B) Debate on a veto message in the
Senate under this section shall be 1 hour
equally divided between the majority and
minority leaders or their designees.
``(5) Veto override.--If within the appropriate
calendar day period described in subsection (b)(1),
Congress overrides a veto of the joint resolution with
respect to authority exercised pursuant to paragraph
(1) or (2) of subsection (a), the limit on debt
provided in section 3101(b) shall not be raised, except
for the $400,000,000,000 increase in the limit provided
by subsection (a)(1)(A).
``(6) Sequestration.--
(A) If within the 50-calendar day period
described in subsection (b)(1), the President
signs the joint resolution, the President
allows the joint resolution to become law
without his signature, or Congress overrides a
veto of the joint resolution with respect to
authority exercised pursuant to paragraph (1)
of subsection (a), there shall be a
sequestration to reduce spending by
$400,000,000,000. OMB shall implement the
sequestration forthwith.
``(B) OMB shall implement each half of such
sequestration in accordance with section 255,
section 256, and subsections (c), (d), (e), and
(f) of section 253 of the Balanced Budget and
Emergency Deficit Control Act of 1985, and for
the purpose of such implementation the term
`excess deficit' means the amount specified in
subparagraph (A).
``(g) Rules of House of Representatives and Senate.--This
subsection and subsections (b), (c), (d), (e), and (f) (other
than paragraph (6)) are enacted by Congress--
``(1) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
joint resolution, and it supersedes other rules only to
the extent that it is inconsistent with such rules; and
``(2) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.''.
(b) Conforming Amendment.--The table of sections for
chapter 31 of title 31, United States Code, is amended by
inserting after the item relating to section 3101 the following
new item:
``3101A. Presidential modification of the debt ceiling.''.
SEC. 302. ENFORCEMENT OF BUDGET GOAL.
(a) In General.--The Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by inserting after section 251
the following new section:
``SEC. 251A. ENFORCEMENT OF BUDGET GOAL.
``Unless a joint committee bill achieving an amount greater
than $1,200,000,000,000 in deficit reduction as provided in
section 401(b)(3)(B)(i)(II) of the Budget Control Act of 2011
is enacted by January 15, 2012, the discretionary spending
limits listed in section 251(c) shall be revised, and
discretionary appropriations and direct spending shall be
reduced, as follows:
``(1) Revised security category; revised
nonsecurity category.--(A) The term `revised security
category' means discretionary appropriations in budget
function 050.
``(B) The term `revised nonsecurity category' means
discretionary appropriations other than in budget
function 050.
``(2) Revised discretionary spending limits.--The
discretionary spending limits for fiscal years 2013
through 2021 under section 251(c) shall be replaced
with the following:
``(A) For fiscal year 2013--
``(i) for the security category,
$546,000,000,000 in budget authority;
and
``(ii) for the nonsecurity
category, $501,000,000,000 in budget
authority.
``(B) For fiscal year 2014--
``(i) for the security category,
$556,000,000,000 in budget authority;
and
``(ii) for the nonsecurity
category, $510,000,000,000 in budget
authority.
``(C) For fiscal year 2015--
``(i) for the security category,
$566,000,000,000 in budget authority;
and
``(ii) for the nonsecurity
category, $520,000,000,000 in budget
authority.
``(D) For fiscal year 2016--
``(i) for the security category,
$577,000,000,000 in budget authority;
and
``(ii) for the nonsecurity
category, $530,000,000,000 in budget
authority.
``(E) For fiscal year 2017--
``(i) for the security category,
$590,000,000,000 in budget authority;
and
``(ii) for the nonsecurity
category, $541,000,000,000 in budget
authority.
``(F) For fiscal year 2018--
``(i) for the security category,
$603,000,000,000 in budget authority;
and
``(ii) for the nonsecurity
category, $553,000,000,000 in budget
authority.
``(G) For fiscal year 2019--
``(i) for the security category,
$616,000,000,000 in budget authority;
and
``(ii) for the nonsecurity
category, $566,000,000,000 in budget
authority.
``(H) For fiscal year 2020--
``(i) for the security category,
$630,000,000,000 in budget authority;
and
``(ii) for the nonsecurity
category, $578,000,000,000 in budget
authority.
``(I) For fiscal year 2021--
``(i) for the security category,
$644,000,000,000 in budget authority;
and
``(ii) for the nonsecurity
category, $590,000,000,000 in budget
authority.
``(3) Calculation of total deficit reduction.--OMB
shall calculate the amount of the deficit reduction
required by this section for each of fiscal years 2013
through 2021 by--
``(A) starting with $1,200,000,000,000;
``(B) subtracting the amount of deficit
reduction achieved by the enactment of a joint
committee bill, as provided in section
401(b)(3)(B)(i)(II) of the Budget Control Act
of 2011;
``(C) reducing the difference by 18 percent
to account for debt service; and
``(D) dividing the result by 9.
``(4) Allocation to functions.--On January 2, 2013,
for fiscal year 2013, and in its sequestration preview
report for fiscal years 2014 through 2021 pursuant to
section 254(c), OMB shall allocate half of the total
reduction calculated pursuant to paragraph (3) for that
year to discretionary appropriations and direct
spending accounts within function 050 (defense
function) and half to accounts in all other functions
(nondefense functions).
``(5) Defense function reduction.--OMB shall
calculate the reductions to discretionary
appropriations and direct spending for each of fiscal
years 2013 through 2021 for defense function spending
as follows:
``(A) Discretionary.--OMB shall calculate
the reduction to discretionary appropriations
by--
``(i) taking the total reduction
for the defense function allocated for
that year under paragraph (4);
``(ii) multiplying by the
discretionary spending limit for the
revised security category for that
year; and
``(iii) dividing by the sum of the
discretionary spending limit for the
security category and OMB's baseline
estimate of nonexempt outlays for
direct spending programs within the
defense function for that year.
``(B) Direct spending.--OMB shall calculate
the reduction to direct spending by taking the
total reduction for the defense function
required for that year under paragraph (4) and
subtracting the discretionary reduction
calculated pursuant to subparagraph (A).
``(6) Nondefense function reduction.--OMB shall
calculate the reduction to discretionary appropriations
and to direct spending for each of fiscal years 2013
through 2021 for programs in nondefense functions as
follows:
``(A) Discretionary.--OMB shall calculate
the reduction to discretionary appropriations
by--
``(i) taking the total reduction
for nondefense functions allocated for
that year under paragraph (4);
``(ii) multiplying by the
discretionary spending limit for the
revised nonsecurity category for that
year; and
``(iii) dividing by the sum of the
discretionary spending limit for the
revised nonsecurity category and OMB's
baseline estimate of nonexempt outlays
for direct spending programs in
nondefense functions for that year.
``(B) Direct spending.--OMB shall calculate
the reduction to direct spending programs by
taking the total reduction for nondefense
functions required for that year under
paragraph (4) and subtracting the discretionary
reduction calculated pursuant to subparagraph
(A).
``(7) Implementing discretionary reductions.--
``(A) Fiscal year 2013.--On January 2,
2013, for fiscal year 2013, OMB shall calculate
and the President shall order a sequestration,
effective upon issuance and under the
procedures set forth in section 253(f), to
reduce each account within the security
category or nonsecurity category by a dollar
amount calculated by multiplying the baseline
level of budgetary resources in that account at
that time by a uniform percentage necessary to
achieve--
``(i) for the revised security
category, an amount equal to the
defense function discretionary
reduction calculated pursuant to
paragraph (5); and
``(ii) for the revised nonsecurity
category, an amount equal to the
nondefense function discretionary
reduction calculated pursuant to
paragraph (6).
``(B) Fiscal years 2014-2021.--On the date
of the submission of its sequestration preview
report for fiscal years 2014 through 2021
pursuant to section 254(c) for each of fiscal
years 2014 through 2021, OMB shall reduce the
discretionary spending limit--
``(i) for the revised security
category by the amount of the defense
function discretionary reduction
calculated pursuant to paragraph (5);
and
``(ii) for the revised nonsecurity
category by the amount of the
nondefense function discretionary
reduction calculated pursuant to
paragraph (6).
``(8) Implementing direct spending reductions.--On
the date specified in paragraph (4) during each
applicable year, OMB shall prepare and the President
shall order a sequestration, effective upon issuance,
of nonexempt direct spending to achieve the direct
spending reduction calculated pursuant to paragraphs
(5) and (6). When implementing the sequestration of
direct spending pursuant to this paragraph, OMB shall
follow the procedures specified in section 6 of the
Statutory Pay-As-You-Go Act of 2010, the exemptions
specified in section 255, and the special rules
specified in section 256, except that the percentage
reduction for the Medicare programs specified in
section 256(d) shall not be more than 2 percent for a
fiscal year.
``(9) Adjustment for medicare.--If the percentage
reduction for the Medicare programs would exceed 2
percent for a fiscal year in the absence of paragraph
(8), OMB shall increase the reduction for all other
discretionary appropriations and direct spending under
paragraph (6) by a uniform percentage to a level
sufficient to achieve the reduction required by
paragraph (6) in the non-defense function.
``(10) Implementation of reductions.--Any
reductions imposed under this section shall be
implemented in accordance with section 256(k).
``(11) Report.--On the dates specified in paragraph
(4), OMB shall submit a report to Congress containing
information about the calculations required under this
section, the adjusted discretionary spending limits, a
listing of the reductions required for each nonexempt
direct spending account, and any other data and
explanations that enhance public understanding of this
title and actions taken under it.''.
(b) Conforming Amendment.--The table of contents set forth
in section 250(a) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by inserting after the item
relating to section 251 the following:
``Sec. 251A. Enforcement of budget goal.''.
Title IV--Joint Select Committee on
Deficit Reduction
SEC. 401. [2 U.S.C. 900 NOTE] ESTABLISHMENT OF JOINT SELECT COMMITTEE.
(a) Definitions.--In this title:
(1) Joint committee.--The term ``joint committee''
means the Joint Select Committee on Deficit Reduction
established under subsection (b)(1).
(2) Joint committee bill.--The term ``joint
committee bill'' means a bill consisting of the
proposed legislative language of the joint committee
recommended under subsection (b)(3)(B) and introduced
under section 402(a).
(b) Establishment of Joint Select Committee.--
(1) Establishment.--There is established a joint
select committee of Congress to be known as the ``Joint
Select Committee on Deficit Reduction''.
(2) Goal.--The goal of the joint committee shall be
to reduce the deficit by at least $1,500,000,000,000
over the period of fiscal years 2012 to 2021.
(3) Duties.--
(A) In general.--
(i) Improving the short-term and
long-term fiscal imbalance.--The joint
committee shall provide recommendations
and legislative language that will
significantly improve the short-term
and long-term fiscal imbalance of the
Federal Government.
(ii) Recommendations of
committees.--Not later than October 14,
2011, each committee of the House of
Representatives and the Senate may
transmit to the joint committee its
recommendations for changes in law to
reduce the deficit consistent with the
goal described in paragraph (2) for the
joint committee's consideration.
(B) Report, recommendations, and
legislative language.--
(i) In general.--Not later than
November 23, 2011, the joint committee
shall vote on--
(I) a report that contains
a detailed statement of the
findings, conclusions, and
recommendations of the joint
committee and the estimate of
the Congressional Budget Office
required by paragraph
(5)(D)(ii); and
(II) proposed legislative
language to carry out such
recommendations as described in
subclause (I), which shall
include a statement of the
deficit reduction achieved by
the legislation over the period
of fiscal years 2012 to 2021.
Any change to the Rules of the House of
Representatives or the Standing Rules
of the Senate included in the report or
legislative language shall be
considered to be merely advisory.
(ii) Approval of report and
legislative language.--The report of
the joint committee and the proposed
legislative language described in
clause (i) shall require the approval
of a majority of the members of the
joint committee.
(iii) Additional views.--A member
of the joint committee who gives notice
of an intention to file supplemental,
minority, or additional views at the
time of final joint committee vote on
the approval of the report and
legislative language under clause (ii)
shall be entitled to 3 calendar days in
which to file such views in writing
with the staff director of the joint
committee. Such views shall then be
included in the joint committee report
and printed in the same volume, or part
thereof, and their inclusion shall be
noted on the cover of the report. In
the absence of timely notice, the joint
committee report may be printed and
transmitted immediately without such
views.
(iv) Transmission of report and
legislative language.--If the report
and legislative language are approved
by the joint committee pursuant to
clause (ii), then not later than
December 2, 2011, the joint committee
shall submit the joint committee report
and legislative language described in
clause (i) to the President, the Vice
President, the Speaker of the House of
Representatives, and the majority and
minority Leaders of each House of
Congress.
(v) Report and legislative language
to be made public.--Upon the approval
or disapproval of the joint committee
report and legislative language
pursuant to clause (ii), the joint
committee shall promptly make the full
report and legislative language, and a
record of the vote, available to the
public.
(4) Membership.--
(A) In general.--The joint committee shall
be composed of 12 members appointed pursuant to
subparagraph (B).
(B) Appointment.--Members of the joint
committee shall be appointed as follows:
(i) The majority leader of the
Senate shall appoint three members from
among Members of the Senate.\74\
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\74\ The Majority Leader of the Senate, Senator Harry Read of
Nevada, appointed the following Senators: Senator Patty Murray of
Washington; Senator Max Baucus of Montana; Senator John Kerry of
Massachusetts.
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(ii) The minority leader of the
Senate shall appoint three members from
among Members of the Senate.\75\
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\75\ The Minority Leader of the Senate, Senator Mitch McConnell of
Kentucky, appointed the following Senators: Senator John Kyl of
Arizona; Senator Rob Portman of Ohio; Senator Pat Toomey of
Pennsylvania.
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(iii) The Speaker of the House of
Representatives shall appoint three
members from among Members of the House
of Representatives.\76\
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\76\ The Speaker of the House of Representatives, Representative
John Boehner of Ohio, appointed the following Members: Representative
Jeb Hensarling of Texas; Representative Fred Upton of Michigan;
Representative Dave Camp of Michigan.
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(iv) The minority leader of the
House of Representatives shall appoint
three members from among Members of the
House of Representatives.\77\
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\77\ The Minority Leader of the House of Representatives,
Representative Nancy Pelosi of California, appointed the following
Members: Representative Xavier Becerra of California; Representative
Jim Clyburn of South California; Representative Chris Van Hollen of
Maryland.
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(C) Co-chairs.--
(i) In general.--There shall be two
Co-Chairs of the joint committee. The
majority leader of the Senate shall
appoint one Co-Chair from among the
members of the joint committee.\78\ The
Speaker of the House of Representatives
shall appoint the second Co-Chair from
among the members of the joint
committee.\79\ The Co-Chairs shall be
appointed not later than 14 calendar
days after the date of enactment of
this Act.
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\78\ The Majority Leader of the Senate, Senator Harry Read of
Nevada, appointed Senator Patty Murray of Washington as Co-Chair of the
Select Committee on Deficit Reduction.
\79\ The Speaker of the House of Representatives, Representative
John Boehner of Ohio, appointed Representative Jeb Hensarling (TX), as
Co-Chair of the Select Committee on Deficit Reduction.
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(ii) Staff director.--The Co-
Chairs, acting jointly, shall hire the
staff director of the joint committee.
(D) Date.--Members of the joint committee
shall be appointed not later than 14 calendar
days after the date of enactment of this Act.
(E) Period of appointment.--Members shall
be appointed for the life of the joint
committee. Any vacancy in the joint committee
shall not affect its powers, but shall be
filled not later than 14 calendar days after
the date on which the vacancy occurs, in the
same manner as the original designation was
made. If a member of the joint committee ceases
to be a Member of the House of Representatives
or the Senate, as the case may be, the member
is no longer a member of the joint committee
and a vacancy shall exist.
(5) Administration.--
(A) In general.--To enable the joint
committee to exercise its powers, functions,
and duties, there are authorized to be
disbursed by the Senate the actual and
necessary expenses of the joint committee
approved by the co-chairs, subject to the rules
and regulations of the Senate.
(B) Expenses.--In carrying out its
functions, the joint committee is authorized to
incur expenses in the same manner and under the
same conditions as the Joint Economic Committee
is authorized by section 11 of Public Law 79-
304 (15 U.S.C. 1024 (d)).
(C) Quorum.--Seven members of the joint
committee shall constitute a quorum for
purposes of voting, meeting, and holding
hearings.
(D) Voting.--
(i) Proxy voting.--No proxy voting
shall be allowed on behalf of the
members of the joint committee.
(ii) Congressional budget office
estimates.--The Congressional Budget
Office shall provide estimates of the
legislation (as described in paragraph
(3)(B)) in accordance with sections
308(a) and 201(f) of the Congressional
Budget Act of 1974 (2 U.S.C. 639(a) and
601(f))(including estimates of the
effect of interest payment on the
debt). In addition, the Congressional
Budget Office shall provide information
on the budgetary effect of the
legislation beyond the year 2021. The
joint committee may not vote on any
version of the report, recommendations,
or legislative language unless such
estimates are available for
consideration by all members of the
joint committee at least 48 hours prior
to the vote as certified by the Co-
Chairs.
(E) Meetings.--
(i) Initial meeting.--Not later
than 45 calendar days after the date of
enactment of this Act, the joint
committee shall hold its first meeting.
(ii) Agenda.--The Co-Chairs of the
joint committee shall provide an agenda
to the joint committee members not less
than 48 hours in advance of any
meeting.
(F) Hearings.--
(i) In general.--The joint
committee may, for the purpose of
carrying out this section, hold such
hearings, sit and act at such times and
places, require attendance of witnesses
and production of books, papers, and
documents, take such testimony, receive
such evidence, and administer such
oaths as the joint committee considers
advisable.
(ii) Hearing procedures and
responsibilities of co-chairs.--
(I) Announcement.--The Co-
Chairs of the joint committee
shall make a public
announcement of the date,
place, time, and subject matter
of any hearing to be conducted,
not less than 7 days in advance
of such hearing, unless the Co-
Chairs determine that there is
good cause to begin such
hearing at an earlier date.
(II) Written statement.--A
witness appearing before the
joint committee shall file a
written statement of proposed
testimony at least 2 calendar
days before the appearance of
the witness, unless the
requirement is waived by the
Co-Chairs, following their
determination that there is
good cause for failure to
comply with such requirement.
(G) Technical assistance.--Upon written
request of the Co-Chairs, a Federal agency
shall provide technical assistance to the joint
committee in order for the joint committee to
carry out its duties.
(c) Staff of Joint Committee.--
(1) In general.--The Co-Chairs of the joint
committee may jointly appoint and fix the compensation
of staff as they deem necessary, within the guidelines
for employees of the Senate and following all
applicable rules and employment requirements of the
Senate.
(2) Ethical standards.--Members on the joint
committee who serve in the House of Representatives
shall be governed by the ethics rules and requirements
of the House. Members of the Senate who serve on the
joint committee and staff of the joint committee shall
comply with the ethics rules of the Senate.
(d) Termination.--The joint committee shall terminate on
January 31, 2012.\80\
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\80\ The Joint Select Committee on Deficit Reduction established by
the Budget Control Act of 2011 ended on January 31, 2012.
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SEC. 402. [2 U.S.C. 900 NOTE] EXPEDITED CONSIDERATION OF JOINT
COMMITTEE RECOMMENDATIONS.
(a) Introduction.--If approved by the majority required by
section 401(b)(3)(B)(ii), the proposed legislative language
submitted pursuant to section 401(b)(3)(B)(iv) shall be
introduced in the Senate (by request) on the next day on which
the Senate is in session by the majority leader of the Senate
or by a Member of the Senate designated by the majority leader
of the Senate and shall be introduced in the House of
Representatives (by request) on the next legislative day by the
majority leader of the House or by a Member of the House
designated by the majority leader of the House.
(b) Consideration in the House of Representatives.--
(1) Referral and reporting.--Any committee of the
House of Representatives to which the joint committee
bill is referred shall report it to the House without
amendment not later than December 9, 2011. If a
committee fails to report the joint committee bill
within that period, it shall be in order to move that
the House discharge the committee from further
consideration of the bill. Such a motion shall not be
in order after the last committee authorized to
consider the bill reports it to the House or after the
House has disposed of a motion to discharge the bill.
The previous question shall be considered as ordered on
the motion to its adoption without intervening motion
except 20 minutes of debate equally divided and
controlled by the proponent and an opponent. If such a
motion is adopted, the House shall proceed immediately
to consider the joint committee bill in accordance with
paragraphs (2) and (3). A motion to reconsider the vote
by which the motion is disposed of shall not be in
order.
(2) Proceeding to consideration.--After the last
committee authorized to consider a joint committee bill
reports it to the House or has been discharged (other
than by motion) from its consideration, it shall be in
order to move to proceed to consider the joint
committee bill in the House. Such a motion shall not be
in order after the House has disposed of a motion to
proceed with respect to the joint committee bill. The
previous question shall be considered as ordered on the
motion to its adoption without intervening motion. A
motion to reconsider the vote by which the motion is
disposed of shall not be in order.
(3) Consideration.--The joint committee bill shall
be considered as read. All points of order against the
joint committee bill and against its consideration are
waived. The previous question shall be considered as
ordered on the joint committee bill to its passage
without intervening motion except 2 hours of debate
equally divided and controlled by the proponent and an
opponent and one motion to limit debate on the joint
committee bill. A motion to reconsider the vote on
passage of the joint committee bill shall not be in
order.
(4) Vote on passage.--The vote on passage of the
joint committee bill shall occur not later than
December 23, 2011.\81\
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\81\ A Joint Committee bill was not voted on before December 23,
2011.
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(c) Expedited Procedure in the Senate.--
(1) Committee consideration.--A joint committee
bill introduced in the Senate under subsection (a)
shall be jointly referred to the committee or
committees of jurisdiction, which committees shall
report the bill without any revision and with a
favorable recommendation, an unfavorable
recommendation, or without recommendation, not later
than December 9, 2011.\82\ If any committee fails to
report the bill within that period, that committee
shall be automatically discharged from consideration of
the bill, and the bill shall be placed on the
appropriate calendar.
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\82\ A Joint Committee bill was not voted on before December 9,
2011.
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(2) Motion to proceed.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in order,
not later than 2 days of session after the date on
which a joint committee bill is reported or discharged
from all committees to which it was referred, for the
majority leader of the Senate or the majority leader's
designee to move to proceed to the consideration of the
joint committee bill. It shall also be in order for any
Member of the Senate to move to proceed to the
consideration of the joint committee bill at any time
after the conclusion of such 2-day period. A motion to
proceed is in order even though a previous motion to
the same effect has been disagreed to. All points of
order against the motion to proceed to the joint
committee bill are waived. The motion to proceed is not
debatable. The motion is not subject to a motion to
postpone. A motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not be in
order. If a motion to proceed to the consideration of
the joint committee bill is agreed to, the joint
committee bill shall remain the unfinished business
until disposed of.
(3) Consideration.--All points of order against the
joint committee bill and against consideration of the
joint committee bill are waived. Consideration of the
joint committee bill and of all debatable motions and
appeals in connection therewith shall not exceed a
total of 30 hours which shall be divided equally
between the Majority and Minority Leaders or their
designees. A motion further to limit debate on the
joint committee bill is in order, shall require an
affirmative vote of three-fifths of the Members duly
chosen and sworn, and is not debatable. Any debatable
motion or appeal is debatable for not to exceed 1 hour,
to be divided equally between those favoring and those
opposing the motion or appeal. All time used for
consideration of the joint committee bill, including
time used for quorum calls and voting, shall be counted
against the total 30 hours of consideration.
(4) No amendments.--An amendment to the joint
committee bill, or a motion to postpone, or a motion to
proceed to the consideration of other business, or a
motion to recommit the joint committee bill, is not in
order.
(5) Vote on passage.--If the Senate has voted to
proceed to the joint committee bill, the vote on
passage of the joint committee bill shall occur
immediately following the conclusion of the debate on a
joint committee bill, and a single quorum call at the
conclusion of the debate if requested. The vote on
passage of the joint committee bill shall occur not
later than December 23, 2011.
(6) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a joint committee bill
shall be decided without debate.
(d) Amendment.--The joint committee bill shall not be
subject to amendment in either the House of Representatives or
the Senate.
(e) Consideration by the Other House.--
(1) In general.--If, before passing the joint
committee bill, one House receives from the other a
joint committee bill--
(A) the joint committee bill of the other
House shall not be referred to a committee; and
(B) the procedure in the receiving House
shall be the same as if no joint committee bill
had been received from the other House until
the vote on passage, when the joint committee
bill received from the other House shall
supplant the joint committee bill of the
receiving House.
(2) Revenue measure.--This subsection shall not
apply to the House of Representatives if the joint
committee bill received from the Senate is a revenue
measure.
(f) Rules to Coordinate Action With Other House.--
(1) Treatment of joint committee bill of other
house.--If the Senate fails to introduce or consider a
joint committee bill under this section, the joint
committee bill of the House shall be entitled to
expedited floor procedures under this section.
(2) Treatment of companion measures in the
senate.--If following passage of the joint committee
bill in the Senate, the Senate then receives the joint
committee bill from the House of Representatives, the
House-passed joint committee bill shall not be
debatable. The vote on passage of the joint committee
bill in the Senate shall be considered to be the vote
on passage of the joint committee bill received from
the House of Representatives.
(3) Vetoes.--If the President vetoes the joint
committee bill, debate on a veto message in the Senate
under this section shall be 1 hour equally divided
between the majority and minority leaders or their
designees.
(g) Loss of Privilege.--The provisions of this section
shall cease to apply to the joint committee bill if--
(1) the joint committee fails to vote on the report
or proposed legislative language required under section
401(b)(3)(B)(i) not later than November 23, 2011; or
(2) the joint committee bill does not pass both
Houses not later than December 23, 2011.
SEC. 403. [2 U.S.C. 900 NOTE] FUNDING.
Funding for the joint committee shall be derived in equal
portions from--
(1) the applicable accounts of the House of
Representatives; and
(2) the contingent fund of the Senate from the
appropriations account ``Miscellaneous Items'', subject
to the rules and regulations of the Senate.
SEC. 404. [2 U.S.C. 900 NOTE] RULEMAKING.
The provisions of this title are enacted by Congress--
(1) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they shall be considered as part of the
rules of each House, respectively, or of that House to
which they specifically apply, and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the constitutional
right of either House to change such rules (so far as
relating to such House) at any time, in the same
manner, and to the same extent as in the case of any
other rule of such House.
Title V--Pell Grant and Student
Loan Program Changes
SEC. 501. FEDERAL PELL GRANTS.
Section 401(b)(7)(A)(iv) of the Higher Education Act of
1965 (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended--
(1) in subclause (II), by striking
``$3,183,000,000'' and inserting ``$13,183,000,000'';
and
(2) in subclause (III), by striking ``$0'' and
inserting ``$7,000,000,000''.
SEC. 502. TERMINATION OF AUTHORITY TO MAKE INTEREST SUBSIDIZED LOANS TO
GRADUATE AND PROFESSIONAL STUDENTS.
Section 455(a) of the Higher Education Act of 1965 (20
U.S.C. 1087e(a)) is amended by adding at the end the following
new paragraph:
``(3) Termination of authority to make interest
subsidized loans to graduate and professional
students.--
``(A) In general.--Subject to subparagraph
(B) and notwithstanding any provision of this
part or part B, for any period of instruction
beginning on or after July 1, 2012--
``(i) a graduate or professional
student shall not be eligible to
receive a Federal Direct Stafford loan
under this part; and
``(ii) the maximum annual amount of
Federal Direct Unsubsidized Stafford
loans such a student may borrow in any
academic year (as defined in section
481(a)(2)) or its equivalent shall be
the maximum annual amount for such
student determined under section 428H,
plus an amount equal to the amount of
Federal Direct Stafford loans the
student would have received in the
absence of this subparagraph.
``(B) Exception.--Subparagraph (A) shall
not apply to an individual enrolled in course
work specified in paragraph (3)(B) or (4)(B) of
section 484(b).''.
SEC. 503. TERMINATION OF DIRECT LOAN REPAYMENT INCENTIVES.
Section 455(b)(8) of the Higher Education Act of 1965 (20
U.S.C. 1087e(b)(8)) is amended--
(1) in subparagraph (A)--
(A) by amending the header to read as
follows: ``(A) Incentives for loans disbursed
before July 1, 2012.--''; and
(B) by inserting ``with respect to loans
for which the first disbursement of principal
is made before July 1, 2012,'' after ``of this
part'';
(2) in subparagraph (B), by inserting ``with
respect to loans for which the first disbursement of
principal is made before July 1, 2012'' after
``repayment incentives''; and
(3) by adding at the end the following new
subparagraph:
``(C) No repayment incentives for new loans
disbursed on or after July 1, 2012.--
Notwithstanding any other provision of this
part, the Secretary is prohibited from
authorizing or providing any repayment
incentive not otherwise authorized under this
part to encourage on-time repayment of a loan
under this part for which the first
disbursement of principal is made on or after
July 1, 2012, including any reduction in the
interest or origination fee rate paid by a
borrower of such a loan, except that the
Secretary may provide for an interest rate
reduction for a borrower who agrees to have
payments on such a loan automatically
electronically debited from a bank account.''.
SEC. 504. [20 U.S.C. 1089 NOTE] INAPPLICABILITY OF TITLE IV NEGOTIATED
RULEMAKING AND MASTER CALENDAR EXCEPTION.
Sections 482(c) and 492 of the Higher Education Act of 1965
(20 U.S.C. 1089(c), 1098a) shall not apply to the amendments
made by this title, or to any regulations promulgated under
those amendments.
Approved August 2, 2011.
legislative history--s. 365
congressional record, vol. 157 (2011):
Feb. 17, considered and passed Senate.
Aug. 1, considered and passed House, amended.
Aug. 2, Senate concurred in House
amendment.This file is for print purposes only
and is not being maintained and updated--CS deg.
======================================================================
TITLE 31 OF THE UNITED STATES CODE
======================================================================
TITLE 31 OF THE UNITED STATES CODE
Chapter 11--The Budget and Fiscal, Budget, and Program Information
Sec. 1101. Definitions.
Sec. 1102. Fiscal year.
Sec. 1103. Budget ceiling.
Sec. 1104. Budget and appropriations authority of the President.
Sec. 1105. Budget contents and submission to Congress.
Sec. 1106. Supplemental budget estimates and changes.
Sec. 1107. Deficiency and supplemental appropriations.
Sec. 1108. Preparation and submission of appropriations requests to the
President.
Sec. 1109. Current programs and activities estimates.
Sec. 1110. Year-ahead requests for authorizing legislation.
Sec. 1111. Improving economy and efficiency.
Sec. 1112. Fiscal, budget, and program information.
Sec. 1113. Congressional information.
Sec. 1115. Federal Government and agency performance plans.
Sec. 1116. Agency performance reporting.
Sec. 1117. Exemptions.
Sec. 1118. Pilot projects for performance goals.
Sec. 1119. Pilot projects for performance budgeting.
Sec. 1120. Federal Government and agency priority goals.
Sec. 1121. Quarterly priority progress reviews and use of performance
information.
Sec. 1122. Transparency of programs, priority goals, and results.
Sec. 1123. Chief Operating Officers.
Sec. 1124. Performance Improvement Officers and the Performance
Improvement Council.
Sec. 1125. Elimination of unnecessary agency reporting.
Chapter 13 of Title 31, United States Code
Sec. 1341. Limitations on expending and obligating amounts.
Sec. 1342. Limitation on voluntary services.
Chapter 15 of Title 31, United States Code
Sec. 1517. Prohibited obligations and expenditures.
Chapter 31 of Title 31, United States Code
Sec. 3101. Public debt limit.
Sec. 3101A. Presidential modification of the debt ceiling.
Chapter 33 of Title 31, United States Code
Sec. 3321. Disbursing authority in the executive branch.
title 31--money and finance
SUBTITLE II--THE BUDGET PROCESS
Chapter 11--The Budget and Fiscal, Budget, and Program Information
SEC. 1101. DEFINITIONS.
In this chapter--
(1) ``agency'' includes the District of Columbia
government but does not include the legislative branch
or the Supreme Court.
(2) ``appropriations'' means appropriated amounts
and includes, in appropriate context--
(A) funds;
(B) authority to make obligations by
contract before appropriations; and
(C) other authority making amounts
available for obligation or expenditure.
SEC. 1102. FISCAL YEAR.
The fiscal year of the Treasury begins on October 1 of each
year and ends on September 30 of the following year. Accounts
of receipts and expenditures required under law to be published
each year shall be published for the fiscal year.
SEC. 1103. BUDGET CEILING.
Congress reaffirms its commitment that budget outlays of
the United States Government for a fiscal year may be not more
than the receipts of the Government for that year.
SEC. 1104. BUDGET AND APPROPRIATIONS AUTHORITY OF THE PRESIDENT.
(a) The President shall prepare budgets of the United
States Government under section 1105 of this title and proposed
deficiency and supplemental appropriations under section 1107
of this title. To the extent practicable, the President shall
use uniform terms in stating the purposes and conditions of
appropriations.
(b) Except as provided in this chapter, the President shall
prescribe the contents and order of statements in the budget on
expenditures and estimated expenditures and statements on
proposed appropriations and information submitted with the
budget and proposed appropriations. The President shall include
with the budget and proposed appropriations information on
personnel and other objects of expenditure in the way that
information was included in the budget for fiscal year 1950.
However, the requirement that information be included in the
budget in that way may be waived or changed by joint action of
the Committees on Appropriations of both Houses of Congress.
This subsection does not limit the authority of a committee of
Congress to request information in a form it prescribes.
(c) When the President makes a basic change in the form of
the budget, the President shall submit with the budget
information showing where items in the budget for the prior
fiscal year are contained in the present budget. However, the
President may change the functional categories in the budget
only in consultation with the Committees on Appropriations and
on the Budget of both Houses of Congress. Committees of the
House of Representatives and Senate shall receive prompt
notification of all such changes.
(d) The President shall develop programs and prescribe
regulations to improve the compilation, analysis, publication,
and dissemination of statistical information by executive
agencies. The President shall carry out this subsection through
the Administrator for the Office of Information and Regulatory
Affairs in the Office of Management and Budget.
(e) Under regulations prescribed by the President, each
agency shall provide information required by the President in
carrying out this chapter. The President has access to, and may
inspect, records of an agency to obtain information.
SEC. 1105. BUDGET CONTENTS AND SUBMISSION TO CONGRESS.
(a) On or after the first Monday in January but not later
than the first Monday in February of each year, the President
shall submit a budget of the United States Government for the
following fiscal year. Each budget shall include a budget
message and summary and supporting information. The President
shall include in each budget the following:
(1) information on activities and functions of the
Government.
(2) when practicable, information on costs and
achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on
expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this
section, estimated expenditures and proposed
appropriations the President decides are necessary to
support the Government in the fiscal year for which the
budget is submitted and the 4 fiscal years after that
year.
(6) estimated receipts of the Government in the
fiscal year for which the budget is submitted and the 4
fiscal years after that year under--
(A) laws in effect when the budget is
submitted; and
(B) proposals in the budget to increase
revenues.
(7) appropriations, expenditures, and receipts of
the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and
appropriations and proposed appropriations, of the
Government for the current fiscal year.
(9) balanced statements of the--
(A) condition of the Treasury at the end of
the prior fiscal year;
(B) estimated condition of the Treasury at
the end of the current fiscal year; and
(C) estimated condition of the Treasury at
the end of the fiscal year for which the budget
is submitted if financial proposals in the
budget are adopted.
(10) essential information about the debt of the
Government.
(11) other financial information the President
decides is desirable to explain in practicable detail
the financial condition of the Government.
(12) for each proposal in the budget for
legislation that would establish or expand a Government
activity or function, a table showing--
(A) the amount proposed in the budget for
appropriation and for expenditure because of
the proposal in the fiscal year for which the
budget is submitted; and
(B) the estimated appropriation required
because of the proposal for each of the 4
fiscal years after that year that the proposal
will be in effect.
(13) an allowance for additional estimated
expenditures and proposed appropriations for the fiscal
year for which the budget is submitted.
(14) an allowance for unanticipated uncontrollable
expenditures for that year.
(15) a separate statement on each of the items
referred to in section 301(a)(1)-(5) of the
Congressional Budget Act of 1974 (2 U.S.C. 632(a)(1)-
(5)).
(16) the level of tax expenditures under existing
law in the tax expenditures budget (as defined in
section 3(a)(3) of the Congressional Budget Act of 1974
(2 U.S.C. 622(a)(3)) for the fiscal year for which the
budget is submitted, considering projected economic
factors and changes in the existing levels based on
proposals in the budget.
(17) information on estimates of appropriations for
the fiscal year following the fiscal year for which the
budget is submitted for grants, contracts, and other
payments under each program for which there is an
authorization of appropriations for that following
fiscal year when the appropriations are authorized to
be included in an appropriation law for the fiscal year
before the fiscal year in which the appropriation is to
be available for obligation.
(18) a comparison of the total amount of budget
outlays for the prior fiscal year, estimated in the
budget submitted for that year, for each major program
having relatively uncontrollable outlays with the total
amount of outlays for that program in that year.
(19) a comparison of the total amount of receipts
for the prior fiscal year, estimated in the budget
submitted for that year, with receipts received in that
year, and for each major source of receipts, a
comparison of the amount of receipts estimated in that
budget with the amount of receipts from that source in
that year.
(20) an analysis and explanation of the differences
between each amount compared under clauses (18) and
(19) of this subsection.
(21) a horizontal budget showing--
(A) the programs for meteorology and of the
National Climate Program established under
section 5 of the National Climate Program Act
(15 U.S.C. 2904);
(B) specific aspects of the program of, and
appropriations for, each agency; and
(C) estimated goals and financial
requirements.
(22) a statement of budget authority, proposed
budget authority, budget outlays, and proposed budget
outlays, and descriptive information in terms of--
(A) a detailed structure of national needs
that refers to the missions and programs of
agencies(as defined in section 101 of this
title); and
(B) the missions and basic programs.
(23) separate appropriation accounts for
appropriations under the Occupational Safety and Health
Act of 1970(29 U.S.C. 651 et seq.) and the Federal Mine
Safety and Health Act of 1977 (30 U.S.C. 801 et seq.).
(24) recommendations on the return of Government
capital to the Treasury by a mixed ownership
corporation (as defined in section 9101(2) of this
title) that the President decides are desirable.
(25) a separate appropriation account for
appropriations for each Office of Inspector General of
an establishment defined under section 11(2) of the
Inspector General Act of 1978.
(26) a separate statement of the amount of
appropriations requested for the Office of National
Drug Control Policy and each program of the National
Drug Control Program.
(27) a separate statement of the amount of
appropriations requested for the Office of Federal
Financial Management.
(28) beginning with fiscal year 1999, a Federal
Government performance plan for the overall budget as
provided for under section 1115.
(29) information about the Violent Crime Reduction
Trust Fund, including a separate statement of amounts
in that Trust Fund.
(30) an analysis displaying, by agency, proposed
reductions in full--time equivalent positions compared
to the current year's level in order to comply with
section 5 of the Federal Workforce Restructuring Act of
1994.
(31) a separate statement of the amount of
appropriations requested for the Chief Financial
Officer in the Executive Office of the President.
(32) a statement of the levels of budget authority
and outlays for each program assumed to be extended in
the baseline as provided in section 257(b)(2)(A) and
for excise taxes assumed to be extended under section
257(b)(2)(C) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(33) a separate appropriation account for
appropriations for the Council of the Inspectors
General on Integrity and Efficiency, and, included in
that account, a separate statement of the aggregate
amount of appropriations requested for each academy
maintained by the Council of the Inspectors General on
Integrity and Efficiency.
(34) with respect to the amount of appropriations
requested for use by the Export Import Bank of the
United States, a separate statement of the amount
requested for its program budget, the amount requested
for its administrative expenses, and of the amount
requested for its administrative expenses, the amount
requested for technology expenses.
(35)(A)(i) a detailed, separate analysis, by budget
function, by agency, and by initiative area (as
determined by the administration) for the prior fiscal
year, the current fiscal year, the fiscal years for
which the budget is submitted, and the ensuing fiscal
year identifying the amounts of gross and net
appropriations or obligational authority and outlays
that contribute to homeland security, with separate
displays for mandatory and discretionary amounts,
including--
(I) summaries of the total
amount of such appropriations
or new obligational authority
and outlays requested for
homeland security;
(II) an estimate of the
current service levels of
homeland security spending;
(III) the most recent risk
assessment and summary of
homeland security needs in each
initiative area(as determined
by the administration); and
(IV) an estimate of user
fees collected by the Federal
Government on behalf of
homeland security activities;
(ii) with respect to subclauses (I)
through (IV) of clause (i), amounts
shall be provided by account for each
program, project and activity; and
(iii) an estimate of expenditures
for homeland security activities by
State and local governments and the
private sector for the prior fiscal
year and the current fiscal year.
(B) In this paragraph, consistent with the
Office of Management and Budget's June 2002
``Annual Report to Congress on Combatting
Terrorism'', the term ``homeland security''
refers to those activities that detect, deter,
protect against, and respond to terrorist
attacks occurring within the United States and
its territories.
(C) In implementing this paragraph,
including determining what Federal activities
or accounts constitute homeland security for
purposes of budgetary classification, the
Office of Management and Budget is directed to
consult periodically, but at least annually,
with the House and Senate Budget Committees,
the House and Senate Appropriations Committees,
and the Congressional Budget Office.
(36) as supplementary materials, a separate
analysis of the budgetary effects for all prior fiscal
years, the current fiscal year, the fiscal year for
which the budget is submitted, and ensuing fiscal years
of the actions the Secretary of the Treasury has taken
or plans to take using any authority provided in the
Emergency Economic Stabilization Act of 2008,
including--
(A) an estimate of the current value of all
assets purchased, sold, and guaranteed under
the authority provided in the Emergency
Economic Stabilization Act of 2008 using
methodology required by the Federal Credit
Reform Act of 1990(2 U.S.C. 661 et seq.) and
section 123 of the Emergency Economic
Stabilization Act of 2008;
(B) an estimate of the deficit, the debt
held by the public, and the gross Federal debt
using methodology required by the Federal
Credit Reform Act of 1990 and section 123 of
the Emergency Economic Stabilization Act of
2008;
(C) an estimate of the current value of all
assets purchased, sold, and guaranteed under
the authority provided in the Emergency
Economic Stabilization Act of 2008 calculated
on a cash basis;
(D) a revised estimate of the deficit, the
debt held by the public, and the gross Federal
debt, substituting the cash--based estimates in
subparagraph (C) for the estimates calculated
under subparagraph(A) pursuant to the Federal
Credit Reform Act of 1990 and section 123 of
the Emergency Economic Stabilization Act of
2008; and
(E) the portion of the deficit which can be
attributed to any action taken by the Secretary
using authority provided by the Emergency
Economic Stabilization Act of 2008 and the
extent to which the change in the deficit since
the most recent estimate is due to a reestimate
using the methodology required by the Federal
Credit Reform Act of 1990 and section 123 of
the Emergency Economic Stabilization Act of
2008.
(37) \83\ information on estimates of
appropriations for the fiscal year following the fiscal
year for which the budget is submitted for the
following medical care accounts of the Veterans Health
Administration, Department of Veterans Affairs account:
---------------------------------------------------------------------------
\83\ So in original. Another paragraph (37) is set out after
paragraph (38).
---------------------------------------------------------------------------
(A) Medical Services.
(B) Medical Support and Compliance.
(C) Medical Facilities.
(38) a separate statement for the Crow Settlement
Fund established under section 411 of the Crow Tribe
Water Rights Settlement Act of 2010, which shall
include the estimated amount of deposits into the Fund,
obligations, and outlays from the Fund.
(37) \84\ the list of plans and reports, as
provided for under section 1125, that agencies
identified for elimination or consolidation because the
plans and reports are determined outdated or
duplicative of other required plans and reports.
---------------------------------------------------------------------------
\84\ So in original. Another paragraph (37) is set out before the
preceding paragraph (38).
---------------------------------------------------------------------------
(b) Estimated expenditures and proposed appropriations for
the legislative branch and the judicial branch to be included
in each budget under subsection (a)(5) of this section shall be
submitted to the President before October 16 of each year and
included in the budget by the President without change.
(c) The President shall recommend in the budget appropriate
action to meet an estimated deficiency when the estimated
receipts for the fiscal year for which the budget is submitted
(under laws in effect when the budget is submitted) and the
estimated amounts in the Treasury at the end of the current
fiscal year available for expenditure in the fiscal year for
which the budget is submitted, are less than the estimated
expenditures for that year. The President shall make
recommendations required by the public interest when the
estimated receipts and estimated amounts in the Treasury are
more than the estimated expenditures.
(d) When the President submits a budget or supporting
information about a budget, the President shall include a
statement on all changes about the current fiscal year that
were made before the budget or information was submitted.
(e)(1) The President shall submit with materials related to
each budget transmitted under subsection (a) on or after
January 1, 1985, an analysis for the ensuing fiscal year that
shall identify requested appropriations or new obligational
authority and outlays for each major program that may be
classified as a public civilian capital investment program and
for each major program that may be classified as a military
capital investment program, and shall contain summaries of the
total amount of such appropriations or new obligational
authority and outlays for public civilian capital investment
programs and summaries of the total amount of such
appropriations or new obligational authority and outlays for
military capital investment programs. In addition, the analysis
under this paragraph shall contain--
(A) an estimate of the current service
levels of public civilian capital investment
and of military capital investment and
alternative high and low levels of such
investments over a period of ten years in
current dollars and over a period of five years
in constant dollars;
(B) the most recent assessment analysis and
summary, in a standard format, of public
civilian capital investment needs in each major
program area over a period of ten years;
(C) an identification and analysis of the
principal policy issues that affect estimated
public civilian capital investment needs for
each major program; and
(D) an identification and analysis of
factors that affect estimated public civilian
capital investment needs for each major
program, including but not limited to the
following factors:
(i) economic assumptions;
(ii) engineering standards;
(iii) estimates of spending for
operation and maintenance;
(iv) estimates of expenditures for
similar investments by State and local
governments; and
(v) estimates of demand for public
services derived from such capital
investments and estimates of the
service capacity of such investments.
To the extent that any analysis required by this paragraph
relates to any program for which Federal financial assistance
is distributed under a formula prescribed by law, such analysis
shall be organized by State and within each State by major
metropolitan area if data are available.
(2) For purposes of this subsection, any
appropriation, new obligational authority, or outlay
shall be classified as a public civilian capital
investment to the extent that such appropriation,
authority, or outlay will be used for the construction,
acquisition, or rehabilitation of any physical asset
that is capable of being used to produce services or
other benefits for a number of years and is not
classified as a military capital investment under
paragraph (3). Such assets shall include (but not be
limited to)--
(A) roadways or bridges,
(B) airports or airway facilities,
(C) mass transportation systems,
(D) wastewater treatment or related
facilities,
(E) water resources projects,
(F) hospitals,
(G) resource recovery facilities,
(H) public buildings,
(I) space or communications facilities,
(J) railroads, and
(K) federally assisted housing.
(3) For purposes of this subsection, any
appropriation, new obligational authority, or outlay
shall be classified as a military capital investment to
the extent that such appropriation, authority, or
outlay will be used for the construction, acquisition,
or rehabilitation of any physical asset that is capable
of being used to produce services or other benefits for
purposes of national defense and security for a number
of years. Such assets shall include military bases,
posts, installations, and facilities.
(4) Criteria and guidelines for use in the
identification of public civilian and military capital
investments, for distinguishing between public civilian
and military capital investments, and for
distinguishing between major and nonmajor capital
investment programs shall be issued by the Director of
the Office of Management and Budget after consultation
with the Comptroller General and the Congressional
Budget Office. The analysis submitted under this
subsection shall be accompanied by an explanation of
such criteria and guidelines.
(5) For purposes of this subsection--
(A) the term ``construction'' includes the
design, planning, and erection of new
structures and facilities, the expansion of
existing structures and facilities, the
reconstruction of a project at an existing site
or adjacent to an existing site, and the
installation of initial and replacement
equipment for such structures and facilities;
(B) the term ``acquisition'' includes the
addition of land, sites, equipment, structures,
facilities, or rolling stock by purchase,
lease--purchase, trade, or donation; and
(C) the term ``rehabilitation'' includes
the alteration of or correction of deficiencies
in an existing structure or facility so as to
extend the useful life or improve the
effectiveness of the structure or facility, the
modernization or replacement of equipment at an
existing structure or facility, and the
modernization of, or replacement of parts for,
rolling stock.
(f) The budget transmitted pursuant to subsection (a) for a
fiscal year shall be prepared in a manner consistent with the
requirements of the Balanced Budget and Emergency Deficit
Control Act of 1985 that apply to that and subsequent fiscal
years.
(g)(1) The Director of the Office of Management and Budget
shall establish the funding for advisory and assistance
services for each department and agency as a separate object
class in each budget annually submitted to the Congress under
this section.
(2)(A) In paragraph (1), except as provided in
subparagraph(B), the term ``advisory and assistance
services'' means the following services when provided
by nongovernmental sources:
(i) Management and professional
support services.
(ii) Studies, analyses, and
evaluations.
(iii) Engineering and technical
services.
(B) In paragraph (1), the term ``advisory
and assistance services'' does not include the
following services:
(i) Routine automated data
processing and telecommunications
services unless such services are an
integral part of a contract for the
procurement of advisory and assistance
services.
(ii) Architectural and engineering
services, as defined in section 1102 of
title 40.
(iii) Research on basic mathematics
or medical, biological, physical,
social, psychological, or other
phenomena.
(h)(1) If there is a Medicare funding warning under section
801(a)(2) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 made in a year, the President shall
submit to Congress, within the 15-day period beginning on the
date of the budget submission to Congress under subsection (a)
for the succeeding year, proposed legislation to respond to
such warning.
(2) Paragraph (1) does not apply if, during the
year in which the warning is made, legislation is
enacted which eliminates excess general revenue
Medicare funding (as defined in section 801(c) of the
Medicare Prescription Drug, Improvement, and
Modernization Act of 2003) for the 7-fiscal year
reporting period, as certified by the Board of Trustees
of each Medicare trust fund (as defined in section
801(c)(5) of such Act) not later than 30 days after the
date of the enactment of such legislation.
SEC. 1106. SUPPLEMENTAL BUDGET ESTIMATES AND CHANGES.
(a) Before July 16 of each year, the President shall submit
to Congress a supplemental summary of the budget for the fiscal
year for which the budget is submitted under section 1105(a) of
this title. The summary shall include--
(1) for that fiscal year--
(A) substantial changes in or reappraisals
of estimates of expenditures and receipts;
(B) substantial obligations imposed on the
budget after its submission;
(C) current information on matters referred
to in section 1105(a)(8) and (9)(B) and (C) of
this title; and
(D) additional information the President
decides is advisable to provide Congress with
complete and current information about the
budget and current estimates of the functions,
obligations, requirements, and financial
condition of the United States Government;
(2) for the 4 fiscal years following the fiscal
year for which the budget is submitted, information on
estimated expenditures for programs authorized to
continue in future years, or that are considered
mandatory, under law; and
(3) for future fiscal years, information on
estimated expenditures of balances carried over from
the fiscal year for which the budget is submitted.
(b) Before July 16 of each year, the President shall submit
to Congress a statement of changes in budget authority
requested, estimated budget outlays, and estimated receipts for
the fiscal year for which the budget is submitted (including
prior changes proposed for the executive branch of the
Government) that the President decides are necessary and
appropriate based on current information. The statement shall
include the effect of those changes on the information
submitted under section 1105(a)(1)-(14) and (b) of this title
and shall include supporting information as practicable. The
statement submitted before July 16 may be included in the
information submitted under subsection (a)(1) of this section.
(c) Subsection (f) of section 1105 shall apply to revisions
and supplemental summaries submitted under this section to the
same extent that such subsection applies to the budget
submitted under section 1105(a) to which such revisions and
summaries relate.
SEC. 1107. DEFICIENCY AND SUPPLEMENTAL APPROPRIATIONS.
The President may submit to Congress proposed deficiency
and supplemental appropriations the President decides are
necessary because of laws enacted after the submission of the
budget or that are in the public interest. The President shall
include the reasons for the submission of the proposed
appropriations and the reasons the proposed appropriations were
not included in the budget. When the total proposed
appropriations would have required the President to make a
recommendation under section 1105(c) of this title if they had
been included in the budget, the President shall make a
recommendation under that section.
SEC. 1108. PREPARATION AND SUBMISSION OF APPROPRIATIONS REQUESTS TO THE
PRESIDENT.
(a) In this section (except subsections (b)(1) and (e)),
``agency'' means a department, agency, or instrumentality of
the United States Government.
(b)(1) The head of each agency shall prepare and submit to
the President each appropriation request for the agency. The
request shall be prepared and submitted in the form prescribed
by the President under this chapter and by the date established
by the President. When the head of an agency does not submit a
request by that date, the President shall prepare the request
for the agency to be included in the budget or changes in the
budget or as deficiency and supplemental appropriations. The
President may change agency appropriation requests. Agency
appropriation requests shall be developed from cost--based
budgets in the way and at times prescribed by the President.
The head of the agency shall use the cost--based budget to
administer the agency and to divide appropriations or amounts.
(2) An officer or employee of an agency in the
executive branch may submit to the President or
Congress a request for legislation authorizing
deficiency or supplemental appropriations for the
agency only with the approval of the head of the
agency.
(c) The head of an agency shall include with an
appropriation request submitted to the President a report that
the statement of obligations submitted with the request
contains obligations consistent with section 1501 of this
title. The head of the agency shall support the report with a
certification of the consistency and shall support the
certification with records showing that the amounts have been
obligated. The head of the agency shall designate officials to
make the certifications, and those officials may not delegate
the duty to make the certifications. The certifications and
records shall be kept in the agency--
(1) in a form that makes audits and reconciliations
easy; and
(2) for a period necessary to carry out audits and
reconciliations.
(d) To the extent practicable, the head of an agency
shall--
(1) provide information supporting the agency's
budget request for its missions by function and
subfunction (including the mission of each
organizational unit of the agency); and
(2) relate the agency's programs to its missions.
(e) Except as provided in subsection (subsection (f) of
this section, an officer or employee of an agency(as defined in
section 1101 of this title) may submit to Congress or a
committee of Congress an appropriations estimate or request, a
request for an increase in that estimate or request, or a
recommendation on meeting the financial needs of the Government
only when requested by either House of Congress.
(f) The Interstate Commerce Commission shall submit to
Congress copies of budget estimates, requests, and information
(including personnel needs), legislative recommendations,
prepared testimony for congressional hearings, and comments on
legislation at the same time they are sent to the President or
the Office of Management and Budget. An officer of an agency
may not impose conditions on or impair communication by the
Commission with Congress, or a committee or member of Congress,
about the information.
(g) Amounts available under law are available for field
examinations of appropriation estimates. The use of the amounts
is subject only to regulations prescribed by the appropriate
standing committees of Congress.
SEC. 1109. CURRENT PROGRAMS AND ACTIVITIES ESTIMATES.
(a) On or before the first Monday after January 3 of each
year (on or before February 5 in 1986), the President shall
submit to both Houses of Congress the estimated budget outlays
and proposed budget authority that would be included in the
budget for the following fiscal year if programs and activities
of the United States Government were carried on during that
year at the same level as the current fiscal year without a
change in policy. The President shall state the estimated
budget outlays and proposed budget authority by function and
subfunction under the classifications in the budget summary
table under the heading ``Budget Authority and Outlays by
Function and Agency'', by major programs in each function, and
by agency. The President also shall include a statement of the
economic and program assumptions on which those budget outlays
and budget authority are based, including inflation, real
economic growth, and unemployment rates, program caseloads, and
pay increases.
(b) The Joint Economic Committee shall review the estimated
budget outlays and proposed budget authority and submit an
economic evaluation of the budget outlays and budget authority
to the Committees on the Budget of both Houses before March 1
of each year.
SEC. 1110. YEAR-AHEAD REQUESTS FOR AUTHORIZING LEGISLATION.
A request to enact legislation authorizing new budget
authority to continue a program or activity for a fiscal year
shall be submitted to Congress before May 16 of the year before
the year in which the fiscal year begins. If a new program or
activity will continue for more than one year, the request must
be submitted for at least the first and 2d fiscal years.
SEC. 1111. IMPROVING ECONOMY AND EFFICIENCY.
To improve economy and efficiency in the United States
Government, the President shall--
(1) make a study of each agency to decide, and may
send Congress recommendations, on changes that should
be made in--
(A) the organization, activities, and
business methods of agencies;
(B) agency appropriations;
(C) the assignment of particular activities
to particular services; and
(D) regrouping of services; and
(2) evaluate and develop improved plans for the
organization, coordination, and management of the
executive branch of the Government.
SEC. 1112. FISCAL, BUDGET, AND PROGRAM INFORMATION.
(a) In this section, ``agency'' means a department, agency,
or instrumentality of the United States Government except a
mixed--ownership Government corporation.
(b) In cooperation with the Comptroller General, the
Secretary of the Treasury and the Director of the Office of
Management and Budget shall establish and maintain standard
data processing and information systems for fiscal, budget, and
program information for use by agencies to meet the needs of
the Government, and to the extent practicable, of State and
local governments.
(c) The Comptroller General--
(1) in cooperation with the Secretary, the Director
of the Office of Management and Budget, and the
Director of the Congressional Budget Office, shall
establish, maintain, and publish standard terms and
classifications for fiscal, budget, and program
information of the Government, including information on
fiscal policy, receipts, expenditures, programs,
projects, activities, and functions;
(2) when advisable, shall report to Congress on
those terms and classifications, and recommend
legislation necessary to promote the establishment,
maintenance, and use of standard terms and
classifications by the executive branch of the
Government; and
(3) in carrying out this subsection, shall give
particular consideration to the needs of the Committees
on Appropriations and on the Budget of both Houses of
Congress, the Committee on Ways and Means of the House,
the Committee on Finance of the Senate, and the
Congressional Budget Office.
(d) Agencies shall use the standard terms and
classifications published under subsection (c)(1) of this
section in providing fiscal, budget, and program information to
Congress.
(e) In consultation with the President, the head of each
executive agency shall take actions necessary to achieve to the
extent possible--
(1) consistency in budget and accounting
classifications;
(2) synchronization between those classifications
and organizational structure; and
(3) information by organizational unit on
performance and program costs to support budget
justifications.
(f) In cooperation with the Director of the Congressional
Budget Office, the Comptroller General, and appropriate
representatives of State and local governments, the Director of
the Office of Management and Budget (to the extent practicable)
shall provide State and local governments with fiscal, budget,
and program information necessary for accurate and timely
determination by those governments of the impact on their
budgets of assistance of the United States Government.
SEC. 1113. CONGRESSIONAL INFORMATION.
(a)(1) When requested by a committee of Congress having
jurisdiction over receipts or appropriations, the President
shall provide the committee with assistance and information.
(2) When requested by a committee of Congress,
additional information related to the amount of an
appropriation originally requested by an Office of
Inspector General shall be submitted to the committee.
(b) When requested by a committee of Congress, by the
Comptroller General, or by the Director of the Congressional
Budget Office, the Secretary of the Treasury, the Director of
the Office of Management and Budget, and the head of each
executive agency shall--
(1) provide information on the location and kind of
available fiscal, budget, and program information;
(2) to the extent practicable, prepare summary
tables of that fiscal, budget, and program information
and related information the committee, the Comptroller
General, or the Director of the Congressional Budget
Office considers necessary; and
(3) provide a program evaluation carried out or
commissioned by an executive agency.
(c) In cooperation with the Director of the Congressional
Budget Office, the Secretary, and the Director of the Office of
Management and Budget, the Comptroller General shall--
(1) establish and maintain a current directory of
sources of, and information systems for, fiscal,
budget, and program information and a brief description
of the contents of each source and system;
(2) when requested, provide assistance to
committees of Congress and members of Congress in
obtaining information from the sources in the
directory; and
(3) when requested, provide assistance to
committees and, to the extent practicable, to members
of Congress in evaluating the information obtained from
the sources in the directory.
(d) To the extent they consider necessary, the Comptroller
General and the Director of the Congressional Budget Office
individually or jointly shall establish and maintain a file of
information to meet recurring needs of Congress for fiscal,
budget, and program information to carry out this section and
sections 717 and 1112 of this title. The file shall include
information on budget requests, congressional authorizations to
obligate and expend, apportionment and reserve actions, and
obligations and expenditures. The Comptroller General and the
Director shall maintain the file and an index to the file so
that it is easier for the committees and agencies of Congress
to use the file and index through data processing and
communications techniques.
(e)(1) The Comptroller General shall--
(A) carry out a continuing program to
identify the needs of committees and members of
Congress for fiscal, budget, and program
information to carry out this section and
section 1112 of this title;
(B) assist committees of Congress in
developing their information needs;
(C) monitor recurring reporting
requirements of Congress and committees; and
(D) make recommendations to Congress and
committees for changes and improvements in
those reporting requirements to meet
information needs identified by the Comptroller
General, to improve their usefulness to
congressional users, and to eliminate
unnecessary reporting.
(2) Before September 2 of each year, the
Comptroller General shall report to Congress on--
(A) the needs identified under
paragraph(1)(A) of this subsection;
(B) the relationship of those needs to
existing reporting requirements;
(C) the extent to which reporting by the
executive branch of the United States
Government currently meets the identified
needs;
(D) the changes to standard classifications
necessary to meet congressional needs;
(E) activities, progress, and results of
the program of the Comptroller General under
paragraph(1)(B)-(D) of this subsection; and
(F) progress of the executive branch in the
prior year.
(3) Before March 2 of each year, the Director of
the Office of Management and Budget and the Secretary
shall report to Congress on plans for meeting the needs
identified under paragraph(1)(A) of this subsection,
including--
(A) plans for carrying out changes to
classifications to meet information needs of
Congress;
(B) the status of information systems in
the prior year; and
(C) the use of standard classifications.
SEC. 1114. REPEALED.\85\
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\85\ Section 1114 repealed Public Law 103-355, title II, Sec.
2454(c)(2), Oct. 13, 1994, 108 Stat. 3326. The repealed Public Law 97-
258, Sept. 13, 1982, 96 Stat. 916, related to budget information on
consulting services.
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SEC. 1115. FEDERAL GOVERNMENT AND AGENCY PERFORMANCE PLANS.
(a) Federal Government Performance Plans.--In carrying out
the provisions of section 1105(a)(28), the Director of the
Office of Management and Budget shall coordinate with agencies
to develop the Federal Government performance plan. In addition
to the submission of such plan with each budget of the United
States Government, the Director of the Office of Management and
Budget shall ensure that all information required by this
subsection is concurrently made available on the website
provided under section 1122 and updated periodically, but no
less than annually. The Federal Government performance plan
shall--
(1) establish Federal Government performance goals
to define the level of performance to be achieved
during the year in which the plan is submitted and the
next fiscal year for each of the Federal Government
priority goals required under section 1120(a) of this
title;
(2) identify the agencies, organizations, program
activities, regulations, tax expenditures, policies,
and other activities contributing to each Federal
Government performance goal during the current fiscal
year;
(3) for each Federal Government performance goal,
identify a lead Government official who shall be
responsible for coordinating the efforts to achieve the
goal;
(4) establish common Federal Government performance
indicators with quarterly targets to be used in
measuring or assessing--
(A) overall progress toward each Federal
Government performance goal; and
(B) the individual contribution of each
agency, organization, program activity,
regulation, tax expenditure, policy, and other
activity identified under paragraph(2);
(5) establish clearly defined quarterly milestones;
and
(6) identify major management challenges that are
Governmentwide or crosscutting in nature and describe
plans to address such challenges, including relevant
performance goals, performance indicators, and
milestones.
(b) Agency Performance Plans.--Not later than the first
Monday in February of each year, the head of each agency shall
make available on a public website of the agency, and notify
the President and the Congress of its availability, a
performance plan covering each program activity set forth in
the budget of such agency. Such plan shall--
(1) establish performance goals to define the level
of performance to be achieved during the year in which
the plan is submitted and the next fiscal year;
(2) express such goals in an objective,
quantifiable, and measurable form unless authorized to
be in an alternative form under subsection (c);
(3) describe how the performance goals contribute
to--
(A) the general goals and objectives
established in the agency's strategic plan
required by section 306(a)(2) of title 5; and
(B) any of the Federal Government
performance goals established in the Federal
Government performance plan required by
subsection (a)(1);
(4) identify among the performance goals those
which are designated as agency priority goals as
required by section 1120(b) of this title, if
applicable;
(5) provide a description of how the performance
goals are to be achieved, including--
(A) the operation processes, training,
skills and technology, and the human, capital,
information, and other resources and strategies
required to meet those performance goals;
(B) clearly defined milestones;
(C) an identification of the organizations,
program activities, regulations, policies, and
other activities that contribute to each
performance goal, both within and external to
the agency;
(D) a description of how the agency is
working with other agencies to achieve its
performance goals as well as relevant Federal
Government performance goals; and
(E) an identification of the agency
officials responsible for the achievement of
each performance goal, who shall be known as
goal leaders;
(6) establish a balanced set of performance
indicators to be used in measuring or assessing
progress toward each performance goal, including, as
appropriate, customer service, efficiency, output, and
outcome indicators;
(7) provide a basis for comparing actual program
results with the established performance goals;
(8) a description of how the agency will ensure the
accuracy and reliability of the data used to measure
progress towards its performance goals, including an
identification of--
(A) the means to be used to verify and
validate measured values;
(B) the sources for the data;
(C) the level of accuracy required for the
intended use of the data;
(D) any limitations to the data at the
required level of accuracy; and
(E) how the agency will compensate for such
limitations if needed to reach the required
level of accuracy;
(9) describe major management challenges the agency
faces and identify--
(A) planned actions to address such
challenges;
(B) performance goals, performance
indicators, and milestones to measure progress
toward resolving such challenges; and
(C) the agency official responsible for
resolving such challenges; and
(10) identify low--priority program activities
based on an analysis of their contribution to the
mission and goals of the agency and include an
evidence--based justification for designating a program
activity as low priority.
(c) Alternative Form.--If an agency, in consultation with
the Director of the Office of Management and Budget, determines
that it is not feasible to express the performance goals for a
particular program activity in an objective, quantifiable, and
measurable form, the Director of the Office of Management and
Budget may authorize an alternative form. Such alternative form
shall--
(1) include separate descriptive statements of--
(A)(i) a minimally effective program; and
(ii) a successful program; or
(B) such alternative as authorized by the
Director of the Office of Management and
Budget, with sufficient precision and in such
terms that would allow for an accurate,
independent determination of whether the
program activity's performance meets the
criteria of the description; or
(2) state why it is infeasible or impractical to
express a performance goal in any form for the program
activity.
(d) Treatment of Program Activities.--For the purpose of
complying with this section, an agency may aggregate,
disaggregate, or consolidate program activities, except that
any aggregation or consolidation may not omit or minimize the
significance of any program activity constituting a major
function or operation for the agency.
(e) Appendix.--An agency may submit with an annual
performance plan an appendix covering any portion of the plan
that--
(1) is specifically authorized under criteria
established by an Executive order to be kept secret in
the interest of national defense or foreign policy; and
(2) is properly classified pursuant to such
Executive order.
(f) Inherently Governmental Functions.--The functions and
activities of this section shall be considered to be inherently
governmental functions. The drafting of performance plans under
this section shall be performed only by Federal employees.
(g) Chief Human Capital Officers.--With respect to each
agency with a Chief Human Capital Officer, the Chief Human
Capital Officer shall prepare that portion of the annual
performance plan described under subsection (b)(5)(A).
(h) Definitions.--For purposes of this section and sections
1116 through 1125, and sections 9703(1) and 9704, the term--
(1) ``agency'' has the same meaning as such term is
defined under section 306(f) of title 5;
(2) ``crosscutting'' means across organizational
(such as agency) boundaries;
(3) ``customer service measure'' means an
assessment of service delivery to a customer, client,
citizen, or other recipient, which can include an
assessment of quality, timeliness, and satisfaction
among other factors;
(4) ``efficiency measure'' means a ratio of a
program activity's inputs(such as costs or hours worked
by employees) to its outputs (amount of products or
services delivered) or outcomes (the desired results of
a program);
(5) ``major management challenge'' means programs
or management functions, within or across agencies,
that have greater vulnerability to waste, fraud, abuse,
and mismanagement (such as issues identified by the
Government Accountability Office as high risk or issues
identified by an Inspector General) where a failure to
perform well could seriously affect the ability of an
agency or the Government to achieve its mission or
goals;
(6) ``milestone'' means a scheduled event
signifying the completion of a major deliverable or a
set of related deliverables or a phase of work;
(7) ``outcome measure'' means an assessment of the
results of a program activity compared to its intended
purpose;
(8) ``output measure'' means the tabulation,
calculation, or recording of activity or effort that
can be expressed in a quantitative or qualitative
manner;
(9) ``performance goal'' means a target level of
performance expressed as a tangible, measurable
objective, against which actual achievement can be
compared, including a goal expressed as a quantitative
standard, value, or rate;
(10) ``performance indicator'' means a particular
value or characteristic used to measure output or
outcome;
(11) ``program activity'' means a specific activity
or project as listed in the program and financing
schedules of the annual budget of the United States
Government; and
(12) ``program evaluation'' means an assessment,
through objective measurement and systematic analysis,
of the manner and extent to which Federal programs
achieve intended objectives.
SEC. 1116. AGENCY PERFORMANCE REPORTING.
(a) The head of each agency shall make available on a
public website of the agency and to the Office of Management
and Budget an update on agency performance.
(b)(1) Each update shall compare actual performance
achieved with the performance goals established in the agency
performance plan under section 1115(b) and shall occur no less
than 150 days after the end of each fiscal year, with more
frequent updates of actual performance on indicators that
provide data of significant value to the Government, Congress,
or program partners at a reasonable level of administrative
burden.
(2) If performance goals are specified in an
alternative form under section 1115(c), the results
shall be described in relation to such specifications,
including whether the performance failed to meet the
criteria of a minimally effective or successful
program.
(c) Each update shall--
(1) review the success of achieving the performance
goals and include actual results for the 5 preceding
fiscal years;
(2) evaluate the performance plan for the current
fiscal year relative to the performance achieved toward
the performance goals during the period covered by the
update;
(3) explain and describe where a performance goal
has not been met (including when a program activity's
performance is determined not to have met the criteria
of a successful program activity under section
1115(c)(1)(A)(ii) or a corresponding level of
achievement if another alternative form is used)--
(A) why the goal was not met;
(B) those plans and schedules for achieving
the established performance goal; and
(C) if the performance goal is impractical
or infeasible, why that is the case and what
action is recommended;
(4) describe the use and assess the effectiveness
in achieving performance goals of any waiver under
section 9703 (!1) of this title;
(5) include a review of the performance goals and
evaluation of the performance plan relative to the
agency's strategic human capital management;
(6) describe how the agency ensures the accuracy
and reliability of the data used to measure progress
towards its performance goals, including an
identification of--
(A) the means used to verify and validate
measured values;
(B) the sources for the data;
(C) the level of accuracy required for the
intended use of the data;
(D) any limitations to the data at the
required level of accuracy; and
(E) how the agency has compensated for such
limitations if needed to reach the required
level of accuracy; and
(7) include the summary findings of those program
evaluations completed during the period covered by the
update.
(d) If an agency performance update includes any program
activity or information that is specifically authorized under
criteria established by an Executive Order to be kept secret in
the interest of national defense or foreign policy and is
properly classified pursuant to such Executive Order, the head
of the agency shall make such information available in the
classified appendix provided under section 1115(e).
(e) The functions and activities of this section shall be
considered to be inherently governmental functions. The
drafting of agency performance updates under this section shall
be performed only by Federal employees.
(f) Each fiscal year, the Office of Management and Budget
shall determine whether the agency programs or activities meet
performance goals and objectives outlined in the agency
performance plans and submit a report on unmet goals to--
(1) the head of the agency;
(2) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(3) the Committee on Oversight and Governmental
Reform of the House of Representatives; and
(4) the Government Accountability Office.
(g) If an agency's programs or activities have not met
performance goals as determined by the Office of Management and
Budget for 1 fiscal year, the head of the agency shall submit a
performance improvement plan to the Office of Management and
Budget to increase program effectiveness for each unmet goal
with measurable milestones. The agency shall designate a senior
official who shall oversee the performance improvement
strategies for each unmet goal.
(h)(1) If the Office of Management and Budget determines
that agency programs or activities have unmet performance goals
for 2 consecutive fiscal years, the head of the agency shall--
(A) submit to Congress a description of the
actions the Administration will take to improve
performance, including proposed statutory
changes or planned executive actions; and
(B) describe any additional funding the
agency will obligate to achieve the goal, if
such an action is determined appropriate in
consultation with the Director of the Office of
Management and Budget, for an amount determined
appropriate by the Director.
(2) In providing additional funding described under
paragraph (1)(B), the head of the agency shall use any
reprogramming or transfer authority available to the
agency. If after exercising such authority additional
funding is necessary to achieve the level determined
appropriate by the Director of the Office of Management
and Budget, the head of the agency shall submit a
request to Congress for additional reprogramming or
transfer authority.
(i) If an agency's programs or activities have not met
performance goals as determined by the Office of Management and
Budget for 3 consecutive fiscal years, the Director of the
Office of Management and Budget shall submit recommendations to
Congress on actions to improve performance not later than 60
days after that determination, including--
(1) reauthorization proposals for each program or
activity that has not met performance goals;
(2) proposed statutory changes necessary for the
program activities to achieve the proposed level of
performance on each performance goal; and
(3) planned executive actions or identification of
the program for termination or reduction in the
President's budget.
SEC. 1117. EXEMPTION.
The Director of the Office of Management and Budget may
exempt from the requirements of sections 1115 and 1116 of this
title and section 306 of title 5, any agency with annual
outlays of $20,000,000 or less.
SEC. 1118. PILOT PROJECTS FOR PERFORMANCE GOALS.
(a) The Director of the Office of Management and Budget,
after consultation with the head of each agency, shall
designate not less than ten agencies as pilot projects in
performance measurement for fiscal years 1994, 1995, and 1996.
The selected agencies shall reflect a representative range of
Government functions and capabilities in measuring and
reporting program performance.
(b) Pilot projects in the designated agencies shall
undertake the preparation of performance plans under section
1115, and program performance reports under section 1116, other
than section 1116(c), for one or more of the major functions
and operations of the agency. A strategic plan shall be used
when preparing agency performance plans during one or more
years of the pilot period.
(c) No later than May 1, 1997, the Director of the Office
of Management and Budget shall submit a report to the President
and to the Congress which shall--
(1) assess the benefits, costs, and usefulness of
the plans and reports prepared by the pilot agencies in
meeting the purposes of the Government Performance and
Results Act of 1993;
(2) identify any significant difficulties
experienced by the pilot agencies in preparing plans
and reports; and
(3) set forth any recommended changes in the
requirements of the provisions of Government
Performance and Results Act of 1993, section 306 of
title 5, sections 1105, 1115, 1116, 1117, 1119 and 9703
of this title, and this section.
SEC. 1119. PILOT PROJECTS FOR PERFORMANCE BUDGETING.
(a) The Director of the Office of Management and Budget,
after consultation with the head of each agency shall designate
not less than five agencies as pilot projects in performance
budgeting for fiscal years 1998 and 1999. At least three of the
agencies shall be selected from those designated as pilot
projects under section 1118, and shall also reflect a
representative range of Government functions and capabilities
in measuring and reporting program performance.
(b) Pilot projects in the designated agencies shall cover
the preparation of performance budgets. Such budgets shall
present, for one or more of the major functions and operations
of the agency, the varying levels of performance, including
outcome related performance, that would result from different
budgeted amounts.
(c) The Director of the Office of Management and Budget
shall include, as an alternative budget presentation in the
budget submitted under section 1105 for fiscal year 1999, the
performance budgets of the designated agencies for this fiscal
year.
(d) No later than March 31, 2001, the Director of the
Office of Management and Budget shall transmit a report to the
President and to the Congress on the performance budgeting
pilot projects which shall--
(1) assess the feasibility and advisability of
including a performance budget as part of the annual
budget submitted under section 1105;
(2) describe any difficulties encountered by the
pilot agencies in preparing a performance budget;
(3) recommend whether legislation requiring
performance budgets should be proposed and the general
provisions of any legislation; and
(4) set forth any recommended changes in the other
requirements of the Government Performance and Results
Act of 1993, section 306 of title 5, sections 1105,
1115, 1116, 1117, and 9703 of this title, and this
section.
(e) After receipt of the report required under subsection
(d), the Congress may specify that a performance budget be
submitted as part of the annual budget submitted under section
1105.
SEC. 1120. FEDERAL GOVERNMENT AND AGENCY PRIORITY GOALS.
(a) Federal Government Priority Goals.--
(1) The Director of the Office of Management and
Budget shall coordinate with agencies to develop
priority goals to improve the performance and
management of the Federal Government. Such Federal
Government priority goals shall include--
(A) outcome-oriented goals covering a
limited number of crosscutting policy areas;
and
(B) goals for management improvements
needed across the Federal Government,
including--
(i) financial management;
(ii) human capital management;
(iii) information technology
management;
(iv) procurement and acquisition
management; and
(v) real property management;
(2) The Federal Government priority goals shall be
long-term in nature. At a minimum, the Federal
Government priority goals shall be updated or revised
every 4 years and made publicly available concurrently
with the submission of the budget of the United States
Government made in the first full fiscal year following
any year in which the term of the President commences
under section 101 of title 3. As needed, the Director
of the Office of Management and Budget may make
adjustments to the Federal Government priority goals to
reflect significant changes in the environment in which
the Federal Government is operating, with appropriate
notification of Congress.
(3) When developing or making adjustments to
Federal Government priority goals, the Director of the
Office of Management and Budget shall consult
periodically with the Congress, including obtaining
majority and minority views from--
(A) the Committees on Appropriations of the
Senate and the House of Representatives;
(B) the Committees on the Budget of the
Senate and the House of Representatives;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Oversight and
Government Reform of the House of
Representatives;
(E) the Committee on Finance of the Senate;
(F) the Committee on Ways and Means of the
House of Representatives; and
(G) any other committees as determined
appropriate;
(4) The Director of the Office of Management and
Budget shall consult with the appropriate committees of
Congress at least once every 2 years.
(5) The Director of the Office of Management and
Budget shall make information about the Federal
Government priority goals available on the website
described under section 1122 of this title.
(6) The Federal Government performance plan
required under section 1115(a) of this title shall be
consistent with the Federal Government priority goals.
(b) Agency Priority Goals.--
(1) Every 2 years, the head of each agency listed
in section 901(b) of this title, or as otherwise
determined by the Director of the Office of Management
and Budget, shall identify agency priority goals from
among the performance goals of the agency. The Director
of the Office of Management and Budget shall determine
the total number of agency priority goals across the
Government, and the number to be developed by each
agency. The agency priority goals shall--
(A) reflect the highest priorities of the
agency, as determined by the head of the agency
and informed by the Federal Government priority
goals provided under subsection (a) and the
consultations with Congress and other
interested parties required by section 306(d)
of title 5;
(B) have ambitious targets that can be
achieved within a 2-year period;
(C) have a clearly identified agency
official, known as a goal leader, who is
responsible for the achievement of each agency
priority goal;
(D) have interim quarterly targets for
performance indicators if more frequent updates
of actual performance provides data of
significant value to the Government, Congress,
or program partners at a reasonable level of
administrative burden; and
(E) have clearly defined quarterly
milestones.
(2) If an agency priority goal includes any program
activity or information that is specifically authorized
under criteria established by an Executive order to be
kept secret in the interest of national defense or
foreign policy and is properly classified pursuant to
such Executive order, the head of the agency shall make
such information available in the classified appendix
provided under section 1115(e).
(c) The functions and activities of this section shall be
considered to be inherently governmental functions. The
development of Federal Government and agency priority goals
shall be performed only by Federal employees.
SEC. 1121. QUARTERLY PRIORITY PROGRESS REVIEWS AND USE OF PERFORMANCE
INFORMATION.
(a) Use of Performance Information to Achieve Federal
Government Priority Goals.--Not less than quarterly, the
Director of the Office of Management and Budget, with the
support of the Performance Improvement Council, shall--
(1) for each Federal Government priority goal
required by section 1120(a) of this title, review with
the appropriate lead Government official the progress
achieved during the most recent quarter, overall trend
data, and the likelihood of meeting the planned level
of performance;
(2) include in such reviews officials from the
agencies, organizations, and program activities that
contribute to the accomplishment of each Federal
Government priority goal;
(3) assess whether agencies, organizations, program
activities, regulations, tax expenditures, policies,
and other activities are contributing as planned to
each Federal Government priority goal;
(4) categorize the Federal Government priority
goals by risk of not achieving the planned level of
performance; and
(5) for the Federal Government priority goals at
greatest risk of not meeting the planned level of
performance, identify prospects and strategies for
performance improvement, including any needed changes
to agencies, organizations, program activities,
regulations, tax expenditures, policies or other
activities.
(b) Agency Use of Performance Information to Achieve Agency
Priority Goals.--Not less than quarterly, at each agency
required to develop agency priority goals required by section
1120(b) of this title, the head of the agency and Chief
Operating Officer, with the support of the agency Performance
Improvement Officer, shall--
(1) for each agency priority goal, review with the
appropriate goal leader the progress achieved during
the most recent quarter, overall trend data, and the
likelihood of meeting the planned level of performance;
(2) coordinate with relevant personnel within and
outside the agency who contribute to the accomplishment
of each agency priority goal;
(3) assess whether relevant organizations, program
activities, regulations, policies, and other activities
are contributing as planned to the agency priority
goals;
(4) categorize agency priority goals by risk of not
achieving the planned level of performance; and
(5) for agency priority goals at greatest risk of
not meeting the planned level of performance, identify
prospects and strategies for performance improvement,
including any needed changes to agency program
activities, regulations, policies, or other activities.
SEC. 1122. TRANSPARENCY OF PROGRAMS, PRIORITY GOALS, AND RESULTS.
(a) Transparency of Agency Programs.--
(1) In general.--Not later than October 1, 2012,
the Office of Management and Budget shall--
(A) ensure the effective operation of a
single website;
(B) at a minimum, update the website on a
quarterly basis; and
(C) include on the website information
about each program identified by the agencies.
(2) Information.--Information for each program
described under paragraph(1) shall include--
(A) an identification of how the agency
defines the term ``program'', consistent with
guidance provided by the Director of the Office
of Management and Budget, including the program
activities that are aggregated, disaggregated,
or consolidated to be considered a program by
the agency;
(B) a description of the purposes of the
program and the contribution of the program to
the mission and goals of the agency; and
(C) an identification of funding for the
current fiscal year and previous 2 fiscal
years.
(b) Transparency of Agency Priority Goals and Results.--The
head of each agency required to develop agency priority goals
shall make information about each agency priority goal
available to the Office of Management and Budget for
publication on the website, with the exception of any
information covered by section 1120(b)(2) of this title. In
addition to an identification of each agency priority goal, the
website shall also consolidate information about each agency
priority goal, including--
(1) a description of how the agency incorporated
any views and suggestions obtained through
congressional consultations about the agency priority
goal;
(2) an identification of key factors external to
the agency and beyond its control that could
significantly affect the achievement of the agency
priority goal;
(3) a description of how each agency priority goal
will be achieved, including--
(A) the strategies and resources required
to meet the priority goal;
(B) clearly defined milestones;
(C) the organizations, program activities,
regulations, policies, and other activities
that contribute to each goal, both within and
external to the agency;
(D) how the agency is working with other
agencies to achieve the goal; and
(E) an identification of the agency
official responsible for achieving the priority
goal;
(4) the performance indicators to be used in
measuring or assessing progress;
(5) a description of how the agency ensures the
accuracy and reliability of the data used to measure
progress towards the priority goal, including an
identification of--
(A) the means used to verify and validate
measured values;
(B) the sources for the data;
(C) the level of accuracy required for the
intended use of the data;
(D) any limitations to the data at the
required level of accuracy; and
(E) how the agency has compensated for such
limitations if needed to reach the required
level of accuracy;
(6) the results achieved during the most recent
quarter and overall trend data compared to the planned
level of performance;
(7) an assessment of whether relevant
organizations, program activities, regulations,
policies, and other activities are contributing as
planned;
(8) an identification of the agency priority goals
at risk of not achieving the planned level of
performance; and
(9) any prospects or strategies for performance
improvement.
(c) Transparency of Federal Government Priority Goals and
Results.--The Director of the Office of Management and Budget
shall also make available on the website--
(1) a brief description of each of the Federal
Government priority goals required by section 1120(a)
of this title;
(2) a description of how the Federal Government
priority goals incorporate views and suggestions
obtained through congressional consultations;
(3) the Federal Government performance goals and
performance indicators associated with each Federal
Government priority goal as required by section 1115(a)
of this title;
(4) an identification of the lead Government
official for each Federal Government performance goal;
(5) the results achieved during the most recent
quarter and overall trend data compared to the planned
level of performance;
(6) an identification of the agencies,
organizations, program activities, regulations, tax
expenditures, policies, and other activities that
contribute to each Federal Government priority goal;
(7) an assessment of whether relevant agencies,
organizations, program activities, regulations, tax
expenditures, policies, and other activities are
contributing as planned;
(8) an identification of the Federal Government
priority goals at risk of not achieving the planned
level of performance; and
(9) any prospects or strategies for performance
improvement.
(d) Information on Website.--The information made available
on the website under this section shall be readily accessible
and easily found on the Internet by the public and members and
committees of Congress. Such information shall also be
presented in a searchable, machine--readable format. The
Director of the Office of Management and Budget shall issue
guidance to ensure that such information is provided in a way
that presents a coherent picture of all Federal programs, and
the performance of the Federal Government as well as individual
agencies.
SEC. 1123. CHIEF OPERATION OFFICERS.
(a) Establishment.--At each agency, the deputy head of
agency, or equivalent, shall be the Chief Operating Officer of
the agency.
(b) Function.--Each Chief Operating Officer shall be
responsible for improving the management and performance of the
agency, and shall--
(1) provide overall organization management to
improve agency performance and achieve the mission and
goals of the agency through the use of strategic and
performance planning, measurement, analysis, regular
assessment of progress, and use of performance
information to improve the results achieved;
(2) advise and assist the head of agency in
carrying out the requirements of sections 1115 through
1122 of this title and section 306 of title 5;
(3) oversee agency--specific efforts to improve
management functions within the agency and across
Government; and
(4) coordinate and collaborate with relevant
personnel within and external to the agency who have a
significant role in contributing to and achieving the
mission and goals of the agency, such as the Chief
Financial Officer, Chief Human Capital Officer, Chief
Acquisition Officer/Senior Procurement Executive, Chief
Information Officer, and other line of business chiefs
at the agency.
SEC. 1124. PERFORMANCE IMPROVEMENT OFFICERS AND THE PERFORMANCE
IMPROVEMENT COUNCIL.
(a) Performance Improvement Officers.--
(1) Establishment.--At each agency, the head of the
agency, in consultation with the agency Chief Operating
Officer, shall designate a senior executive of the
agency as the agency Performance Improvement Officer.
(2) Function.--Each Performance Improvement Officer
shall report directly to the Chief Operating Officer.
Subject to the direction of the Chief Operating
Officer, each Performance Improvement Officer shall--
(A) advise and assist the head of the
agency and the Chief Operating Officer to
ensure that the mission and goals of the agency
are achieved through strategic and performance
planning, measurement, analysis, regular
assessment of progress, and use of performance
information to improve the results achieved;
(B) advise the head of the agency and the
Chief Operating Officer on the selection of
agency goals, including opportunities to
collaborate with other agencies on common
goals;
(C) assist the head of the agency and the
Chief Operating Officer in overseeing the
implementation of the agency strategic
planning, performance planning, and reporting
requirements provided under sections 1115
through 1122 of this title and sections 306 of
title 5, including the contributions of the
agency to the Federal Government priority
goals;
(D) support the head of agency and the
Chief Operating Officer in the conduct of
regular reviews of agency performance,
including at least quarterly reviews of
progress achieved toward agency priority goals,
if applicable;
(E) assist the head of the agency and the
Chief Operating Officer in the development and
use within the agency of performance measures
in personnel performance appraisals, and, as
appropriate, other agency personnel and
planning processes and assessments; and
(F) ensure that agency progress toward the
achievement of all goals is communicated to
leaders, managers, and employees in the agency
and Congress, and made available on a public
website of the agency.
(b) Performance Improvement Council.--
(1) Establishment.--There is established a
Performance Improvement Council, consisting of--
(A) the Deputy Director for Management of
the Office of Management and Budget, who shall
act as chairperson of the Council;
(B) the Performance Improvement Officer
from each agency defined in section 901(b) of
this title;
(C) other Performance Improvement Officers
as determined appropriate by the chairperson;
and
(D) other individuals as determined
appropriate by the chairperson.
(2) Function.--The Performance Improvement Council
shall--
(A) be convened by the chairperson or the
designee of the chairperson, who shall preside
at the meetings of the Performance Improvement
Council, determine its agenda, direct its work,
and establish and direct subgroups of the
Performance Improvement Council, as
appropriate, to deal with particular subject
matters;
(B) assist the Director of the Office of
Management and Budget to improve the
performance of the Federal Government and
achieve the Federal Government priority goals;
(C) assist the Director of the Office of
Management and Budget in implementing the
planning, reporting, and use of performance
information requirements related to the Federal
Government priority goals provided under
sections 1115, 1120, 1121, and 1122 of this
title;
(D) work to resolve specific Governmentwide
or crosscutting performance issues, as
necessary;
(E) facilitate the exchange among agencies
of practices that have led to performance
improvements within specific programs,
agencies, or across agencies;
(F) coordinate with other interagency
management councils;
(G) seek advice and information as
appropriate from nonmember agencies,
particularly smaller agencies;
(H) consider the performance improvement
experiences of corporations, non profit
organizations, foreign, State, and local
governments, Government employees, public
sector unions, and customers of Government
services;
(I) receive such assistance, information
and advice from agencies as the Council may
request, which agencies shall provide to the
extent permitted by law; and
(J) develop and submit to the Director of
the Office of Management and Budget, or when
appropriate to the President through the
Director of the Office of Management and
Budget, at times and in such formats as the
chairperson may specify, recommendations to
streamline and improve performance management
policies and requirements.
(3) Support.--
(A) In general.--The Administrator of
General Services shall provide administrative
and other support for the Council to implement
this section.
(B) Personnel.--The heads of agencies with
Performance Improvement Officers serving on the
Council shall, as appropriate and to the extent
permitted by law, provide at the request of the
chairperson of the Performance Improvement
Council up to 2 personnel authorizations to
serve at the direction of the chairperson.
SEC. 1125. ELIMINATION OF UNNECESSARY AGENCY REPORTING.
(a) Agency Identification of Unnecessary Reports.--
Annually, based on guidance provided by the Director of the
Office of Management and Budget, the Chief Operating Officer at
each agency shall--
(1) compile a list that identifies all plans and
reports the agency produces for Congress, in accordance
with statutory requirements or as directed in
congressional reports;
(2) analyze the list compiled under paragraph (1),
identify which plans and reports are outdated or
duplicative of other required plans and reports, and
refine the list to include only the plans and reports
identified to be outdated or duplicative;
(3) consult with the congressional committees that
receive the plans and reports identified under
paragraph(2) to determine whether those plans and
reports are no longer useful to the committees and
could be eliminated or consolidated with other plans
and reports; and
(4) provide a total count of plans and reports
compiled under paragraph (1) and the list of outdated
and duplicative reports identified under paragraph (2)
to the Director of the Office of Management and Budget.
(b) Plans and Reports.--
(1) First year.--During the first year of
implementation of this section, the list of plans and
reports identified by each agency as outdated or
duplicative shall be not less than 10 percent of all
plans and reports identified under subsection (a)(1).
(2) Subsequent years.--In each year following the first
year described under paragraph(1), the Director of the Office
of Management and Budget shall determine the minimum percent of
plans and reports to be identified as outdated or duplicative
on each list of plans and reports.
(c) Request for Elimination of Unnecessary Reports.--In
addition to including the list of plans and reports determined
to be outdated or duplicative by each agency in the budget of
the United States Government, as provided by section
1105(a)(37), the Director of the Office of Management and
Budget may concurrently submit to Congress legislation to
eliminate or consolidate such plans and reports.
THE ANTIDEFICIENCY ACT \88\
TITLE 31--MONEY AND FINANCE
SUBTITLE II--THE BUDGET PROCESS
CHAPTER 13--APPROPRIATIONS
SUBCHAPTER III--LIMITATIONS, EXCEPTIONS, AND PENALTIES
SEC. 1341. LIMITATIONS ON EXPENDING AND OBLIGATING AMOUNTS.
(a)(1) An officer or employee of the United States
Government or of the District of Columbia government may not--
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\88\ The Antideficiency Act prohibits federal employees from:
Making or authorizing an expenditure from, or creating or
authorizing an obligation under, any appropriation or fund in excess of
the amount available in the appropriation or fund unless authorized by
law. 31 U.S.C. Sec. 1341(a)(1)(A).
Involving the government in any obligation to pay money before
funds have been appropriated for that purpose, unless otherwise allowed
by law. 31 U.S.C. Sec. 1341(a)(1)(B).
Accepting voluntary services for the United States, or employing
personal services not authorized by law, except in cases of emergency
involving the safety of human life or the protection of property. 31
U.S.C. Sec. 1342.
Making obligations or expenditures in excess of an apportionment or
reapportionment, or in excess of the amount permitted by agency
regulations. 31 U.S.C. Sec. 1517(a).
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(A) make or authorize an expenditure or
obligation exceeding an amount available in an
appropriation or fund for the expenditure or
obligation;
(B) involve either government in a contract
or obligation for the payment of money before
an appropriation is made unless authorized by
law;
(C) make or authorize an expenditure or
obligation of funds required to be sequestered
under section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985; or
(D) involve either government in a contract
or obligation for the payment of money required
to be sequestered under section 252 of the
Balanced Budget and Emergency Deficit Control
Act of 1985.
(2) This subsection does not apply to a corporation
getting amounts to make loans (except paid in capital
amounts) without legal liability of the United States
Government.
(b) An article to be used by an executive department in the
District of Columbia that could be bought out of an
appropriation made to a regular contingent fund of the
department may not be bought out of another amount available
for obligation.
SEC. 1342. LIMITATION ON VOLUNTARY SERVICES.
An officer or employee of the United States Government or
of the District of Columbia government may not accept voluntary
services for either government or employ personal services
exceeding that authorized by law except for emergencies
involving the safety of human life or the protection of
property. This section does not apply to a corporation getting
amounts to make loans (except paid in capital amounts) without
legal liability of the United States Government. As used in
this section, the term ``emergencies involving the safety of
human life or the protection of property'' does not include
ongoing, regular functions of government the suspension of
which would not imminently threaten the safety of human life or
the protection of property.
* * * * * * *
TITLE 31--MONEY AND FINANCE
SUBTITLE II--THE BUDGET PROCESS
CHAPTER 15--APPROPRIATION ACCOUNTING
SUBCHAPTER II--APPORTIONMENT
SEC. 1517. PROHIBITED OBLIGATIONS AND EXPENDITURES.
(a) An officer or employee of the United States Government
or of the District of Columbia government may not make or
authorize an expenditure or obligation exceeding--
(1) an apportionment; or
(2) the amount permitted by regulations prescribed
under section 1514(a) of this title.\89\
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\89\ Sec. 1514 of this title reads as follows:
``Sec. 1514. Administrative division of apportionments
``(a) The official having administrative control of an
appropriation available to the legislative branch, the judicial branch,
the United States International Trade Commission, or the District of
Columbia government, and, subject to the approval of the President, the
head of each executive agency (except the Commission) shall prescribe
by regulation a system of administrative control not inconsistent with
accounting procedures prescribed under law. The system shall be
designed to--(1) restrict obligations or expenditures from each
appropriation to the amount of apportionments or reapportionments of
the appropriation; and
``(2) enable the official or the head of the executive agency to
fix responsibility for an obligation or expenditure exceeding an
apportionment or reapportionment.
``(b) To have a simplified system for administratively dividing
appropriations, the head of each executive agency (except the
Commission) shall work toward the objective of financing each operating
unit, at the highest practical level, from not more than one
administrative division for each appropriation affecting the unit.''
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(b) If an officer or employee of an executive agency or of
the District of Columbia government violates subsection (a) of
this section, the head of the executive agency or the Mayor of
the District of Columbia, as the case may be, shall report
immediately to the President and Congress all relevant facts
and a statement of actions taken. A copy of each report shall
also be transmitted to the Comptroller General on the same date
the report is transmitted to the President and Congress.
PUBLIC DEBT
TITLE 31 OF THE UNITED STATES CODE
CHAPTER 31--PUBLIC DEBT
SUBCHAPTER I--BORROWING AUTHORITY
SEC. 3101. PUBLIC DEBT LIMIT.
(a) In this section, the current redemption value of an
obligation issued on a discount basis and redeemable before
maturity at the option of its holder is deemed to be the face
amount of the obligation.
(b) The face amount of obligations issued under this
chapter and the face amount of obligations whose principal and
interest are guaranteed by the United States Government (except
guaranteed obligations held by the Secretary of the Treasury)
may not be more than $14,294,000,000,000 \86\, outstanding at
one time, subject to changes periodically made in that amount
as provided by law through the congressional budget process
described in Rule XLIX \87\ of the Rules of the House of
Representatives or as provided by section 3101A or otherwise.
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\86\ Section 3101A provides for revisions to this number, and is
set forth on this page. This section was added by the Budget Control
Act of 2011 (Public Law 112-25).
\87\ Rule XLIX was recodified as Rule XXIII, later changed to Rule
XXVIII, which automatically enrolled a Joint Resolution increasing the
debt limit upon the adoption of a conference report on the budget. This
Rule was repealed at the beginning of the 112th Congress.
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(c) For purposes of this section, the face amount, for any
month, of any obligation issued on a discount basis that is not
redeemable before maturity at the option of the holder of the
obligation is an amount equal to the sum of--
(1) the original issue price of the obligation,
plus
(2) the portion of the discount on the obligation
attributable to periods before the beginning of such
month (as determined under the principles of section
1272(a) of the Internal Revenue Code of 1986 without
regard to any exceptions contained in paragraph (2) of
such section).
SEC. 3101A. PRESIDENTIAL MODIFICATION OF THE DEBT CEILING.
(a) In General.--
(1) $900 billion.--
(A) Certification.--If, not later than
December 31, 2011, the President submits a
written certification to Congress that the
President has determined that the debt subject
to limit is within $100,000,000,000 of the
limit in section 3101(b) and that further
borrowing is required to meet existing
commitments, the Secretary of the Treasury may
exercise authority to borrow an additional
$900,000,000,000, subject to the enactment of a
joint resolution of disapproval enacted
pursuant to this section. Upon submission of
such certification, the limit on debt provided
in section 3101(b) (referred to in this section
as the ``debt limit'') is increased by
$400,000,000,000.
(B) Resolution of disapproval.--Congress
may consider a joint resolution of disapproval
of the authority under subparagraph (A) as
provided in subsections (b) through (f). The
joint resolution of disapproval considered
under this section shall contain only the
language provided in subsection (b)(2). If the
time for disapproval has lapsed without
enactment of a joint resolution of disapproval
under this section, the debt limit is increased
by an additional $500,000,000,000.
(2) Additional amount.--
(A) Certification.--If, after the debt
limit is increased by $900,000,000,000 under
paragraph (1), the President submits a written
certification to Congress that the President
has determined that the debt subject to limit
is within $100,000,000,000 of the limit in
section 3101(b) and that further borrowing is
required to meet existing commitments, the
Secretary of the Treasury may, subject to the
enactment of a joint resolution of disapproval
enacted pursuant to this section, exercise
authority to borrow an additional amount equal
to--
(i) $1,200,000,000,000, unless
clause (ii) or (iii) applies;
(ii) $1,500,000,000,000 if the
Archivist of the United States has
submitted to the States for their
ratification a proposed amendment to
the Constitution of the United States
pursuant to a joint resolution entitled
``Joint resolution proposing a balanced
budget amendment to the Constitution of
the United States''; or
(iii) if a joint committee bill to
achieve an amount greater than
$1,200,000,000,000 in deficit reduction
as provided in section
401(b)(3)(B)(i)(II) of the Budget
Control Act of 2011 is enacted, an
amount equal to the amount of that
deficit reduction, but not greater than
$1,500,000,000,000, unless clause (ii)
applies.
(B) Resolution of disapproval.--Congress
may consider a joint resolution of disapproval
of the authority under subparagraph (A) as
provided in subsections (b) through (f). The
joint resolution of disapproval considered
under this section shall contain only the
language provided in subsection (b)(2). If the
time for disapproval has lapsed without
enactment of a joint resolution of disapproval
under this section, the debt limit is increased
by the amount authorized under subparagraph
(A).
(b) Joint Resolution of Disapproval.--
(1) In general.--Except for the $400,000,000,000
increase in the debt limit provided by subsection
(a)(1)(A), the debt limit may not be raised under this
section if, within 50 calendar days after the date on
which Congress receives a certification described in
subsection (a)(1) or within 15 calendar days after
Congress receives the certification described in
subsection (a)(2) (regardless of whether Congress is in
session), there is enacted into law a joint resolution
disapproving the President's exercise of authority with
respect to such additional amount.
(2) Contents of joint resolution.--For the purpose
of this section, the term ``joint resolution'' means
only a joint resolution--
(A)(i) for the certification described in
subsection (a)(1), that is introduced on
September 6, 7, 8, or 9, 2011 (or, if the
Senate was not in session, the next calendar
day on which the Senate is in session); and
(ii) for the certification
described in subsection (a)(2), that is
introduced between the date the
certification is received and 3
calendar days after that date;
(B) which does not have a preamble;
(C) the title of which is only as follows:
``Joint resolution relating to the disapproval
of the President's exercise of authority to
increase the debt limit, as submitted under
section 3101A of title 31, United States Code,
on ______'' (with the blank containing the date
of such submission); and
(D) the matter after the resolving clause
of which is only as follows: ``That Congress
disapproves of the President's exercise of
authority to increase the debt limit, as
exercised pursuant to the certification under
section 3101A(a) of title 31, United States
Code.''.
(c) Expedited Consideration in House of Representatives.--
(1) Reconvening.--Upon receipt of a certification
described in subsection (a)(2), the Speaker, if the
House would otherwise be adjourned, shall notify the
Members of the House that, pursuant to this section,
the House shall convene not later than the second
calendar day after receipt of such certification.
(2) Reporting and discharge.--Any committee of the
House of Representatives to which a joint resolution is
referred shall report it to the House without amendment
not later than 5 calendar days after the date of
introduction of a joint resolution described in
subsection (a). If a committee fails to report the
joint resolution within that period, the committee
shall be discharged from further consideration of the
joint resolution and the joint resolution shall be
referred to the appropriate calendar.
(3) Proceeding to consideration.--After each
committee authorized to consider a joint resolution
reports it to the House or has been discharged from its
consideration, it shall be in order, not later than the
sixth day after introduction of a joint resolution
under subsection (a), to move to proceed to consider
the joint resolution in the House. All points of order
against the motion are waived. Such a motion shall not
be in order after the House has disposed of a motion to
proceed on a joint resolution addressing a particular
submission. The previous question shall be considered
as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable.
A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
(4) Consideration.--The joint resolution shall be
considered as read. All points of order against the
joint resolution and against its consideration are
waived. The previous question shall be considered as
ordered on the joint resolution to its passage without
intervening motion except two hours of debate equally
divided and controlled by the proponent and an
opponent. A motion to reconsider the vote on passage of
the joint resolution shall not be in order.
(d) Expedited Procedure in Senate.--
(1) Reconvening.--Upon receipt of a certification
under subsection (a)(2), if the Senate has adjourned or
recessed for more than 2 days, the majority leader of
the Senate, after consultation with the minority leader
of the Senate, shall notify the Members of the Senate
that, pursuant to this section, the Senate shall
convene not later than the second calendar day after
receipt of such message.
(2) Placement on calendar.--Upon introduction in
the Senate, the joint resolution shall be immediately
placed on the calendar.
(3) Floor consideration.--
(A) In general.--Notwithstanding Rule XXII
of the Standing Rules of the Senate, it is in
order at any time during the period beginning
on the day after the date on which Congress
receives a certification under subsection (a)
and, for the certification described in
subsection (a)(1), ending on September 14,
2011, and for the certification described in
subsection (a)(2), on the 6th day after the
date on which Congress receives a certification
under subsection (a) (even though a previous
motion to the same effect has been disagreed
to) to move to proceed to the consideration of
the joint resolution, and all points of order
against the joint resolution (and against
consideration of the joint resolution) are
waived. The motion to proceed is not debatable.
The motion is not subject to a motion to
postpone. A motion to reconsider the vote by
which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed
to the consideration of the resolution is
agreed to, the joint resolution shall remain
the unfinished business until disposed of.
(B) Consideration.--Consideration of the
joint resolution, and on all debatable motions
and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall
be divided equally between the majority and
minority leaders or their designees. A motion
further to limit debate is in order and not
debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the joint resolution is not in order.
(C) Vote on passage.--If the Senate has
voted to proceed to a joint resolution, the
vote on passage of the joint resolution shall
occur immediately following the conclusion of
consideration of the joint resolution, and a
single quorum call at the conclusion of the
debate if requested in accordance with the
rules of the Senate.
(D) Rulings of the chair on procedure.--
Appeals from the decisions of the Chair
relating to the application of the rules of the
Senate, as the case may be, to the procedure
relating to a joint resolution shall be decided
without debate.
(e) Amendment Not in Order.--A joint resolution of
disapproval considered pursuant to this section shall not be
subject to amendment in either the House of Representatives or
the Senate.
(f) Coordination With Action by Other House.--
(1) In general.--If, before passing the joint
resolution, one House receives from the other a joint
resolution--
(A) the joint resolution of the other House
shall not be referred to a committee; and
(B) the procedure in the receiving House
shall be the same as if no joint resolution had
been received from the other House until the
vote on passage, when the joint resolution
received from the other House shall supplant
the joint resolution of the receiving House.
(2) Treatment of joint resolution of other house.--
If the Senate fails to introduce or consider a joint
resolution under this section, the joint resolution of
the House shall be entitled to expedited floor
procedures under this section.
(3) Treatment of companion measures.--If, following
passage of the joint resolution in the Senate, the
Senate then receives the companion measure from the
House of Representatives, the companion measure shall
not be debatable.
(4) Consideration after passage.--
(A) If Congress passes a joint resolution,
the period beginning on the date the President
is presented with the joint resolution and
ending on the date the President signs, allows
to become law without his signature, or vetoes
and returns the joint resolution (but excluding
days when either House is not in session) shall
be disregarded in computing the appropriate
calendar day period described in subsection
(b)(1).
(B) Debate on a veto message in the Senate
under this section shall be 1 hour equally
divided between the majority and minority
leaders or their designees.
(5) Veto override.--If within the appropriate
calendar day period described in subsection (b)(1),
Congress overrides a veto of the joint resolution with
respect to authority exercised pursuant to paragraph
(1) or (2) of subsection (a), the limit on debt
provided in section 3101(b) shall not be raised, except
for the $400,000,000,000 increase in the limit provided
by subsection (a)(1)(A).
(6) Sequestration.--
(A) If within the 50-calendar day period
described in subsection (b)(1), the President
signs the joint resolution, the President
allows the joint resolution to become law
without his signature, or Congress overrides a
veto of the joint resolution with respect to
authority exercised pursuant to paragraph (1)
of subsection (a), there shall be a
sequestration to reduce spending by
$400,000,000,000. OMB shall implement the
sequestration forthwith.
(B) OMB shall implement each half of such
sequestration in accordance with section 255,
section 256, and subsections (c), (d), (e), and
(f) of section 253 of the Balanced Budget and
Emergency Deficit Control Act of 1985, and for
the purpose of such implementation the term
``excess deficit'' means the amount specified
in subparagraph (A).
(g) Rules of House of Representatives and Senate.--This
subsection and subsections (b), (c), (d), (e), and (f) (other
than paragraph (6)) are enacted by Congress--
(1) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such it is deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
joint resolution, and it supersedes other rules only to
the extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
* * * * * * *
SUBTITLE III--FINANCIAL MANAGEMENT
CHAPTER 33--DEPOSITING, KEEPING, AND PAYING MONEY
SUBCHAPTER II--PAYMENTS
SEC. 3321. DISBURSING AUTHORITY IN THE EXECUTIVE BRANCH.
(a) Except as provided in this section or another law, only
officers and employees of the Department of the Treasury
designated by the Secretary of the Treasury as disbursing
officials may disburse public money available for expenditure
by an executive agency.
(b) For economy and efficiency, the Secretary may delegate
the authority to disburse public money to officers and
employees of other executive agencies.
(c) The head of each of the following executive agencies
shall designate personnel of the agency as disbursing officials
to disburse public money available for expenditure by the
agency:
(1) United States Marshal's Office.
(2) The Department of Defense.
(3) The Department of Homeland Security (with
respect to public money available for expenditure by
the Coast Guard when it is not operating as a service
in the Navy).
(d) On request of the Secretary and with the approval of
the head of an executive agency referred to in subsection (c)
of this section, facilities of the agency may be used to assist
in disbursing public money available for expenditure by another
executive agency.Note: this file was created from the
XML file that was downcoverted. After conversion title V
provisions were removed. This file is not maintained and
updated. deg.
======================================================================
UNFUNDED MANDATES REFORM ACT OF 1995
======================================================================
UNFUNDED MANDATES REFORM ACT OF 1995
AN ACT To curb the practice of imposing unfunded Federal mandates on
States and local governments; to strengthen the partnership between the
Federal Government and State, local and tribal governments; to end the
imposition, in the absence of full consideration by Congress, of
Federal mandates on State, local, and tribal governments without
adequate funding, in a manner that may displace other essential
governmental priorities; and to ensure that the Federal Government pays
the costs incurred by those governments in complying with certain
requirements under Federal statutes and regulations, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SEC. 1. [2 U.S.C. 1501 NOTE] SHORT TITLE.
This Act may be cited as the ``Unfunded Mandates Reform Act
of 1995''.
SEC. 2. [2 U.S.C. 1501 NOTE] PURPOSES.
The purposes of this Act are----
(1) to strengthen the partnership between the
Federal Government and State, local, and tribal
governments;
(2) to end the imposition, in the absence of full
consideration by Congress, of Federal mandates on
State, local, and tribal governments without adequate
Federal funding, in a manner that may displace other
essential State, local, and tribal governmental
priorities;
(3) to assist Congress in its consideration of
proposed legislation establishing or revising Federal
programs containing Federal mandates affecting State,
local, and tribal governments, and the private sector
by----
(A) providing for the development of
information about the nature and size of
mandates in proposed legislation; and
(B) establishing a mechanism to bring such
information to the attention of the Senate and
the House of Representatives before the Senate
and the House of Representatives vote on
proposed legislation;
(4) to promote informed and deliberate decisions by
Congress on the appropriateness of Federal mandates in
any particular instance;
(5) to require that Congress consider whether to
provide funding to assist State, local, and tribal
governments in complying with Federal mandates, to
require analyses of the impact of private sector
mandates, and through the dissemination of that
information provide informed and deliberate decisions
by Congress and Federal agencies and retain competitive
balance between the public and private sectors;
(6) to establish a point-of-order vote on the
consideration in the Senate and House of
Representatives of legislation containing significant
Federal intergovernmental mandates without providing
adequate funding to comply with such mandates;
(7) to assist Federal agencies in their
consideration of proposed regulations affecting State,
local, and tribal governments, by----
(A) requiring that Federal agencies develop
a process to enable the elected and other
officials of State, local, and tribal
governments to provide input when Federal
agencies are developing regulations; and
(B) requiring that Federal agencies prepare
and consider estimates of the budgetary impact
of regulations containing Federal mandates upon
State, local, and tribal governments and the
private sector before adopting such
regulations, and ensuring that small
governments are given special consideration in
that process; and
(8) to begin consideration of the effect of
previously imposed Federal mandates, including the
impact on State, local, and tribal governments of
Federal court interpretations of Federal statutes and
regulations that impose Federal intergovernmental
mandates.
SEC. 3. [2 U.S.C. 1502. NOTE] DEFINITIONS.
For purposes of this Act----
(1) except as provided in section 305 of this Act,
the terms defined under section 421 of the
Congressional Budget and Impoundment Control Act of
1974 (as added by section 101 of this Act) shall have
the meanings as so defined; and
(2) the term ``Director'' means the Director of the
Congressional Budget Office.
SEC. 4. [2 U.S.C. 1503] EXCLUSIONS.
This Act shall not apply to any provision in a bill, joint
resolution, amendment, motion, or conference report before
Congress and any provision in a proposed or final Federal
regulation that----
(1) enforces constitutional rights of individuals;
(2) establishes or enforces any statutory rights
that prohibit discrimination on the basis of race,
color, religion, sex, national origin, age, handicap,
or disability;
(3) requires compliance with accounting and
auditing procedures with respect to grants or other
money or property provided by the Federal Government;
(4) provides for emergency assistance or relief at
the request of any State, local, or tribal government
or any official of a State, local, or tribal
government;
(5) is necessary for the national security or the
ratification or implementation of international treaty
obligations;
(6) the President designates as emergency
legislation and that the Congress so designates in
statute; or
(7) relates to the old-age, survivors, and
disability insurance program under title II of the
Social Security Act (including taxes imposed by
sections 3101(a) and 3111(a) of the Internal Revenue
Code of 1986 (relating to old-age, survivors, and
disability insurance)).
SEC. 5. [2 U.S.C. 1504] AGENCY ASSISTANCE.
Each agency shall provide to the Director such information
and assistance as the Director may reasonably request to assist
the Director in carrying out this Act.
Title I--Legislative
Accountability and Reform
SEC. 101. LEGISLATIVE MANDATE ACCOUNTABILITY AND REFORM.
[Omitted]
SEC. 102. ASSISTANCE TO COMMITTEES AND STUDIES.
[Omitted]
SEC. 103. [2 U.S.C. 1511] COST OF REGULATIONS.
(a) Sense of the Congress.--It is the sense of the Congress
that Federal agencies should review and evaluate planned
regulations to ensure that the cost estimates provided by the
Congressional Budget Office will be carefully considered as
regulations are promulgated.
(b) Statement of Cost.--At the request of a committee
chairman or ranking minority member, the Director shall, to the
extent practicable, prepare a comparison between--
(1) an estimate by the relevant agency, prepared
under section 202 of this Act, of the costs of
regulations implementing an Act containing a Federal
mandate; and
(2) the cost estimate prepared by the Congressional
Budget Office for such Act when it was enacted by the
Congress.
(c) Cooperation of Office of Management and Budget.--At the
request of the Director of the Congressional Budget Office, the
Director of the Office of Management and Budget shall provide
data and cost estimates for regulations implementing an Act
containing a Federal mandate covered by part B of title IV of
the Congressional Budget and Impoundment Control Act of 1974
(as added by section 101 of this Act).
SEC. 104. REPEAL OF CERTAIN ANALYSIS BY CONGRESSIONAL BUDGET OFFICE.
[Omitted]
SEC. 105. [2 U.S.C. 1512] CONSIDERATION FOR FEDERAL FUNDING.
Nothing in this Act shall preclude a State, local, or
tribal government that already complies with all or part of the
Federal intergovernmental mandates included in the bill, joint
resolution, amendment, motion, or conference report from
consideration for Federal funding under section 425(a)(2) of
the Congressional Budget and Impoundment Control Act of 1974
(as added by section 101 of this Act) for the cost of the
mandate, including the costs the State, local, or tribal
government is currently paying and any additional costs
necessary to meet the mandate.
SEC. 106. [2 U.S.C. 1513] IMPACT ON LOCAL GOVERNMENTS.
(a) Findings.--The Senate finds that--
(1) the Congress should be concerned about shifting
costs from Federal to State and local authorities and
should be equally concerned about the growing tendency
of States to shift costs to local governments;
(2) cost shifting from States to local governments
has, in many instances, forced local governments to
raise property taxes or curtail sometimes essential
services; and
(3) increases in local property taxes and cuts in
essential services threaten the ability of many
citizens to attain and maintain the American dream of
owning a home in a safe, secure community.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Federal Government should not shift certain
costs to the State, and States should end the practice
of shifting costs to local governments, which forces
many local governments to increase property taxes;
(2) States should end the imposition, in the
absence of full consideration by their legislatures, of
State issued mandates on local governments without
adequate State funding, in a manner that may displace
other essential government priorities; and
(3) one primary objective of this Act and other
efforts to change the relationship among Federal,
State, and local governments should be to reduce taxes
and spending at all levels and to end the practice of
shifting costs from one level of government to another
with little or no benefit to taxpayers.
SEC. 107. [2 U.S.C. 1514] ENFORCEMENT IN THE HOUSE OF REPRESENTATIVES.
(a) Motions to Strike in the Committee of the Whole.--
Clause 5 of rule XXIII of the Rules of the House of
Representatives is amended by adding at the end the following:
``(c) In the consideration of any measure for amendment in
the Committee of the Whole containing any Federal mandate the
direct costs of which exceed the threshold in section 424(a)(1)
of the Unfunded Mandate Reform Act of 1995, it shall always be
in order, unless specifically waived by terms of a rule
governing consideration of that measure, to move to strike such
Federal mandate from the portion of the bill then open to
amendment.''.
(b) Committee on Rules Reports on Waived Points of Order.--
The Committee on Rules shall include in the report required by
clause 1(d) of rule XI (relating to its activities during the
Congress) of the Rules of the House of Representatives a
separate item identifying all waivers of points of order
relating to Federal mandates, listed by bill or joint
resolution number and the subject matter of that measure.
SEC. 108. [2 U.S.C. 1515] EXERCISE OF RULEMAKING POWERS.
The provisions of sections 101 and 107 are enacted by
Congress----
(1) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such they shall be considered as part of the
rules of such House, respectively, and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the constitutional
right of either House to change such rules (so far as
relating to such House) at any time, in the same
manner, and to the same extent as in the case of any
other rule of each House.
SEC. 109. [2 U.S.C. 1516] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the
Congressional Budget Office $4,500,000 for each of the fiscal
years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to carry out
the provisions of this title.
SEC. 110. [2 U.S.C. 1511 NOTE] EFFECTIVE DATE.
This title shall take effect on January 1, 1996 or on the
date 90 days after appropriations are made available as
authorized under section 109, whichever is earlier and shall
apply to legislation considered on and after such date.
Title II--Regulatory
Accountability and Reform
SEC. 201. [2 U.S.C. 1531] REGULATORY PROCESS.
Each agency shall, unless otherwise prohibited by law,
assess the effects of Federal regulatory actions on State,
local, and tribal governments, and the private sector (other
than to the extent that such regulations incorporate
requirements specifically set forth in law).
SEC. 202. [2 U.S.C. 1532] STATEMENTS TO ACCOMPANY SIGNIFICANT
REGULATORY ACTIONS.
(a) In General.--Unless otherwise prohibited by law, before
promulgating any general notice of proposed rulemaking that is
likely to result in promulgation of any rule that includes any
Federal mandate that may result in the expenditure by State,
local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation) in any 1 year, and before promulgating any final
rule for which a general notice of proposed rulemaking was
published, the agency shall prepare a written statement
containing--
(1) an identification of the provision of Federal
law under which the rule is being promulgated;
(2) a qualitative and quantitative assessment of
the anticipated costs and benefits of the Federal
mandate, including the costs and benefits to State,
local, and tribal governments or the private sector, as
well as the effect of the Federal mandate on health,
safety, and the natural environment and such an
assessment shall include--
(A) an analysis of the extent to which such
costs to State, local, and tribal governments
may be paid with Federal financial assistance
(or otherwise paid for by the Federal
Government); and
(B) the extent to which there are available
Federal resources to carry out the
intergovernmental mandate;
(3) estimates by the agency, if and to the extent
that the agency determines that accurate estimates are
reasonably feasible, of--
(A) the future compliance costs of the
Federal mandate; and
(B) any disproportionate budgetary effects
of the Federal mandate upon any particular
regions of the nation or particular State,
local, or tribal governments, urban or rural or
other types of communities, or particular
segments of the private sector;
(4) estimates by the agency of the effect on the
national economy, such as the effect on productivity,
economic growth, full employment, creation of
productive jobs, and international competitiveness of
United States goods and services, if and to the extent
that the agency in its sole discretion determines that
accurate estimates are reasonably feasible and that
such effect is relevant and material; and
(5)(A) a description of the extent of the agency's
prior consultation with elected representatives (under
section 204) of the affected State, local, and tribal
governments;
(B) a summary of the comments and concerns
that were presented by State, local, or tribal
governments either orally or in writing to the
agency; and
(C) a summary of the agency's evaluation of
those comments and concerns.
(b) Promulgation.--In promulgating a general notice of
proposed rulemaking or a final rule for which a statement under
subsection (a) is required, the agency shall include in the
promulgation a summary of the information contained in the
statement.
(c) Preparation in Conjunction With Other Statement.--Any
agency may prepare any statement required under subsection (a)
in conjunction with or as a part of any other statement or
analysis, provided that the statement or analysis satisfies the
provisions of subsection (a).
SEC. 203. [2 U.S.C. 1533] SMALL GOVERNMENT AGENCY PLAN.
(a) Effects on Small Governments.--Before establishing any
regulatory requirements that might significantly or uniquely
affect small governments, agencies shall have developed a plan
under which the agency shall--
(1) provide notice of the requirements to
potentially affected small governments, if any;
(2) enable officials of affected small governments
to provide meaningful and timely input in the
development of regulatory proposals containing
significant Federal intergovernmental mandates; and
(3) inform, educate, and advise small governments
on compliance with the requirements.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to each agency to carry out the provisions
of this section and for no other purpose, such sums as are
necessary.
SEC. 204. [2 U.S.C. 1534] STATE, LOCAL, AND TRIBAL GOVERNMENT INPUT.
(a) In General.--Each agency shall, to the extent permitted
in law, develop an effective process to permit elected officers
of State, local, and tribal governments (or their designated
employees with authority to act on their behalf) to provide
meaningful and timely input in the development of regulatory
proposals containing significant Federal intergovernmental
mandates.
(b) Meetings Between State, Local, Tribal and Federal
Officers.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to actions in support of intergovernmental
communications where--
(1) meetings are held exclusively between Federal
officials and elected officers of State, local, and
tribal governments (or their designated employees with
authority to act on their behalf) acting in their
official capacities; and
(2) such meetings are solely for the purposes of
exchanging views, information, or advice relating to
the management or implementation of Federal programs
established pursuant to public law that explicitly or
inherently share intergovernmental responsibilities or
administration.
(c) Implementing Guidelines.--No later than 6 months after
the date of enactment of this Act, the President shall issue
guidelines and instructions to Federal agencies for appropriate
implementation of subsections (a) and (b) consistent with
applicable laws and regulations.
SEC. 205. [2 U.S.C. 1535] LEAST BURDENSOME OPTION OR EXPLANATION
REQUIRED.
(a) In General.--Except as provided in subsection (b),
before promulgating any rule for which a written statement is
required under section 202, the agency shall identify and
consider a reasonable number of regulatory alternatives and
from those alternatives select the least costly, most cost-
effective or least burdensome alternative that achieves the
objectives of the rule, for--
(1) State, local, and tribal governments, in the
case of a rule containing a Federal intergovernmental
mandate; and
(2) the private sector, in the case of a rule
containing a Federal private sector mandate.
(b) Exception.--The provisions of subsection (a) shall
apply unless--
(1) the head of the affected agency publishes with
the final rule an explanation of why the least costly,
most cost-effective or least burdensome method of
achieving the objectives of the rule was not adopted;
or
(2) the provisions are inconsistent with law.
(c) OMB Certification.--No later than 1 year after the date
of the enactment of this Act, the Director of the Office of
Management and Budget shall certify to Congress, with a written
explanation, agency compliance with this section and include in
that certification agencies and rulemakings that fail to
adequately comply with this section.
SEC. 206. [2 U.S.C. 1536] ASSISTANCE TO THE CONGRESSIONAL BUDGET
OFFICE.
The Director of the Office of Management and Budget shall--
(1) collect from agencies the statements prepared
under section 202; and
(2) periodically forward copies of such statements
to the Director of the Congressional Budget Office on a
reasonably timely basis after promulgation of the
general notice of proposed rulemaking or of the final
rule for which the statement was prepared.
SEC. 207. [2 U.S.C. 1537] PILOT PROGRAM ON SMALL GOVERNMENT
FLEXIBILITY.
(a) In General.--The Director of the Office of Management
and Budget, in consultation with Federal agencies, shall
establish pilot programs in at least 2 agencies to test
innovative, and more flexible regulatory approaches that--
(1) reduce reporting and compliance burdens on
small governments; and
(2) meet overall statutory goals and objectives.
(b) Program Focus.--The pilot programs shall focus on rules
in effect or proposed rules, or a combination thereof.
SEC. 208. [2 U.S.C. 1538] ANNUAL STATEMENTS TO CONGRESS ON AGENCY
COMPLIANCE.
No later than 1 year after the effective date of this title
and annually thereafter, the Director of the Office of
Management and Budget shall submit to the Congress, including
the Committee on Governmental Affairs of the Senate and the
Committee on Government Reform and Oversight of the House of
Representatives, a written report detailing compliance by each
agency during the preceding reporting period with the
requirements of this title.
SEC. 209. [2 U.S.C. 1531 NOTE] EFFECTIVE DATE.
This title and the amendments made by this title shall take
effect on the date of the enactment of this Act.
Title III--Review of Federal Mandates
SEC. 301. [2 U.S.C. 1551] BASELINE STUDY OF COSTS AND BENEFITS.
(a) In General.--No later than 18 months after the date of
enactment of this Act, the Advisory Commission on
Intergovernmental Relations (hereafter in this title referred
to as the ``Advisory Commission''), in consultation with the
Director, shall complete a study to examine the measurement and
definition issues involved in calculating the total costs and
benefits to State, local, and tribal governments of compliance
with Federal law.
(b) Considerations.--The study required by this section
shall consider----
(1) the feasibility of measuring indirect costs and
benefits as well as direct costs and benefits of the
Federal, State, local, and tribal relationship; and
(2) how to measure both the direct and indirect
benefits of Federal financial assistance and tax
benefits to State, local, and tribal governments.
SEC. 302. [2 U.S.C. 1552] REPORT ON FEDERAL MANDATES BY ADVISORY
COMMISSION ON INTERGOVERNMENTAL RELATIONS.
(a) In General.--The Advisory Commission on
Intergovernmental Relations shall in accordance with this
section----
(1) investigate and review the role of Federal
mandates in intergovernmental relations and their
impact on State, local, tribal, and Federal government
objectives and responsibilities, and their impact on
the competitive balance between State, local, and
tribal governments, and the private sector and consider
views of and the impact on working men and women on
those same matters;
(2) investigate and review the role of unfunded
State mandates imposed on local governments;
(3) make recommendations to the President and the
Congress regarding----
(A) allowing flexibility for State, local,
and tribal governments in complying with
specific Federal mandates for which terms of
compliance are unnecessarily rigid or complex;
(B) reconciling any 2 or more Federal
mandates which impose contradictory or
inconsistent requirements;
(C) terminating Federal mandates which are
duplicative, obsolete, or lacking in practical
utility;
(D) suspending, on a temporary basis,
Federal mandates which are not vital to public
health and safety and which compound the fiscal
difficulties of State, local, and tribal
governments, including recommendations for
triggering such suspension;
(E) consolidating or simplifying Federal
mandates, or the planning or reporting
requirements of such mandates, in order to
reduce duplication and facilitate compliance by
State, local, and tribal governments with those
mandates;
(F) establishing common Federal definitions
or standards to be used by State, local, and
tribal governments in complying with Federal
mandates that use different definitions or
standards for the same terms or principles; and
(G)(i) the mitigation of negative impacts
on the private sector that may result from
relieving State, local, and tribal governments
from Federal mandates (if and to the extent
that such negative impacts exist on the private
sector); and
(ii) the feasibility of applying
relief from Federal mandates in the
same manner and to the same extent to
private sector entities as such relief
is applied to State, local, and tribal
governments; and
(4) identify and consider in each recommendation
made under paragraph (3), to the extent practicable----
(A) the specific Federal mandates to which
the recommendation applies, including
requirements of the departments, agencies, and
other entities of the Federal Government that
State, local, and tribal governments utilize
metric systems of measurement; and
(B) any negative impact on the private
sector that may result from implementation of
the recommendation.
(b) Criteria.----
(1) In general.--The Commission shall establish
criteria for making recommendations under subsection
(a).
(2) Issuance of proposed criteria.--The Commission
shall issue proposed criteria under this subsection no
later than 60 days after the date of the enactment of
this Act, and thereafter provide a period of 30 days
for submission by the public of comments on the
proposed criteria.
(3) Final criteria.--No later than 45 days after
the date of issuance of proposed criteria, the
Commission shall----
(A) consider comments on the proposed
criteria received under paragraph (2);
(B) adopt and incorporate in final criteria
any recommendations submitted in those comments
that the Commission determines will aid the
Commission in carrying out its duties under
this section; and
(C) issue final criteria under this
subsection.
(c) Preliminary Report.----
(1) In general.--No later than 9 months after the
date of the enactment of this Act, the Commission
shall----
(2) Public hearings.--The Commission shall hold
public hearings on the preliminary recommendations
contained in the preliminary report of the Commission
under this subsection.
(d) Final Report.--No later than 3 months after the date of
the publication of the preliminary report under subsection (c),
the Commission shall submit to the Congress, including the
Committee on Government Reform and Oversight of the House of
Representatives, the Committee on Governmental Affairs of the
Senate, the Committee on the Budget of the Senate, and the
Committee on the Budget of the House of Representatives, and to
the President a final report on the findings, conclusions, and
recommendations of the Commission under this section.
(e) Priority to Mandates That are Subject of Judicial
Proceedings.--In carrying out this section, the Advisory
Commission shall give the highest priority to immediately
investigating, reviewing, and making recommendations regarding
Federal mandates that are the subject of judicial proceedings
between the United States and a State, local, or tribal
government.
(f) Definition.--For purposes of this section the term
``State mandate'' means any provision in a State statute or
regulation that imposes an enforceable duty on local
governments, the private sector, or individuals, including a
condition of State assistance or a duty arising from
participation in a voluntary State program.
SEC. 303. [2 U.S.C. 1553] SPECIAL AUTHORITIES OF ADVISORY COMMISSION.
(a) Experts and Consultants.--For purposes of carrying out
this title, the Advisory Commission may procure temporary and
intermittent services of experts or consultants under section
3109(b) of title 5, United States Code.
(b) Detail of Staff of Federal Agencies.--Upon request of
the Executive Director of the Advisory Commission, the head of
any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Advisory Commission to assist it in carrying out this title.
(c) Administrative Support Services.--Upon the request of
the Advisory Commission, the Administrator of General Services
shall provide to the Advisory Commission, on a reimbursable
basis, the administrative support services necessary for the
Advisory Commission to carry out its duties under this title.
(d) Contract Authority.--The Advisory Commission may,
subject to appropriations, contract with and compensate
government and private persons (including agencies) for
property and services used to carry out its duties under this
title.
SEC. 304. [2 U.S.C. 1554] ANNUAL REPORT TO CONGRESS REGARDING FEDERAL
COURT RULINGS.
No later than 4 months after the date of enactment of this
Act, and no later than March 15 of each year thereafter, the
Advisory Commission on Intergovernmental Relations shall submit
to the Congress, including the Committee on Government Reform
and Oversight of the House of Representatives and the Committee
on Governmental Affairs of the Senate, and to the President a
report describing any Federal court case to which a State,
local, or tribal government was a party in the preceding
calendar year that required such State, local, or tribal
government to undertake responsibilities or activities, beyond
those such government would otherwise have undertaken, to
comply with Federal statutes and regulations.
SEC. 305. [2 U.S.C. 1555] DEFINITION.
Notwithstanding section 3 of this Act, for purposes of this
title the term ``Federal mandate'' means any provision in
statute or regulation or any Federal court ruling that imposes
an enforceable duty upon State, local, or tribal governments
including a condition of Federal assistance or a duty arising
from participation in a voluntary Federal program.
SEC. 306. [2 U.S.C. 1556] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Advisory
Commission to carry out section 301 and section 302, $500,000
for each of fiscal years 1995 and 1996.
Title IV--Judicial Review
SEC. 401. [2 U.S.C. 1571] JUDICIAL REVIEW.
(a) Agency Statements on Significant Regulatory Actions.--
(1) In general.--Compliance or noncompliance by any
agency with the provisions of sections 202 and 203(a)
(1) and (2) shall be subject to judicial review only in
accordance with this section.
(2) Limited review of agency compliance or
noncompliance.--
(A) Agency compliance or noncompliance with
the provisions of sections 202 and 203(a) (1)
and (2) shall be subject to judicial review
only under section 706(1) of title 5, United
States Code, and only as provided under
subparagraph (B).
(B) If an agency fails to prepare the
written statement (including the preparation of
the estimates, analyses, statements, or
descriptions) under section 202 or the written
plan under section 203(a) (1) and (2), a court
may compel the agency to prepare such written
statement.
(3) Review of agency rules.--In any judicial review
under any other Federal law of an agency rule for which
a written statement or plan is required under sections
202 and 203(a) (1) and (2), the inadequacy or failure
to prepare such statement (including the inadequacy or
failure to prepare any estimate, analysis, statement or
description) or written plan shall not be used as a
basis for staying, enjoining, invalidating or otherwise
affecting such agency rule.
(4) Certain information as part of record.--Any
information generated under sections 202 and 203(a) (1)
and (2) that is part of the rulemaking record for
judicial review under the provisions of any other
Federal law may be considered as part of the record for
judicial review conducted under such other provisions
of Federal law.
(5) Application of other federal law.--For any
petition under paragraph (2) the provisions of such
other Federal law shall control all other matters, such
as exhaustion of administrative remedies, the time for
and manner of seeking review and venue, except that if
such other Federal law does not provide a limitation on
the time for filing a petition for judicial review that
is less than 180 days, such limitation shall be 180
days after a final rule is promulgated by the
appropriate agency.
(6) Effective date.--This subsection shall take
effect on October 1, 1995, and shall apply only to any
agency rule for which a general notice of proposed
rulemaking is promulgated on or after such date.
(b) Judicial Review and Rule of Construction.--Except as
provided in subsection (a)--
(1) any estimate, analysis, statement, description
or report prepared under this Act, and any compliance
or noncompliance with the provisions of this Act, and
any determination concerning the applicability of the
provisions of this Act shall not be subject to judicial
review; and
(2) no provision of this Act shall be construed to
create any right or benefit, substantive or procedural,
enforceable by any person in any administrative or
judicial action.
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RULES OF THE HOUSE OF REPRESENTATIVES
======================================================================
RULES OF THE HOUSE OF REPRESENTATIVES
RULE X
Organization of Committees
Committees and their legislative jurisdictions
Clause 1.
* * * * * * *
(d) Committee on the Budget.
(1) Concurrent resolutions on the budget (as
defined in section 3(4) of the Congressional Budget Act
of 1974), other matters required to be referred to the
committee under titles III and IV of that Act, and
other measures setting forth appropriate levels of
budget totals for the United States Government.
(2) Budget Process generally.
(3) Establishment, extension, and enforcement of
special controls over the Federal budget, including the
budgetary treatment of off-budget Federal agencies and
measures providing exemption from reduction under any
order issued under part C of the Balanced Budget and
Emergency Deficit Control Act of 1985.
* * * * * * *
Additional functions of committees
Budget Act responsibilities.
* * * * * * *
Clause 4.
* * * * * * *
(f)(1) Each standing committee shall submit to the
Committee on the Budget not later than six weeks after the
submission of the budget by the President, or at such time as
the Committee on the Budget may request--
(A) its views and estimates with respect to
all matters to be set forth in the concurrent
resolution on the budget for the ensuing fiscal
year that are within its jurisdiction or
functions; and
(B) an estimate of the total amounts of new
budget authority, and budget outlays resulting
therefrom, to be provided or authorized in all
bills and resolutions within its jurisdiction
that it intends to be effective during that
fiscal year.
(2) The views and estimates submitted by the
Committee on Ways and Means under subparagraph (1)
shall include a specific recommendation, made after
holding public hearings, as to the appropriate level of
the public debt that should be set forth in the
concurrent resolution on the budget.
* * * * * * *
Permanent Select Committee on Intelligence
* * * * * * *
Clause 11.
* * * * * * *
(3) Within six weeks after the President submits a
budget under section 1105(a) of title 31, United States
Code, or at such time as the Committee on the Budget
may request, the select committee shall submit to the
Committee on the Budget the views and estimates
described in section 301(d) of the Congressional Budget
Act of 1974 regarding matters within the jurisdiction
of the select committee.
RULE XII
* * * * * * *
Constitutional Authority Statement \90\
7. (a) * * *
* * * * * * *
(c)(1) A bill or joint resolution may not be introduced
unless the sponsor submits for printing in the Congressional
Record a statement citing as specifically as practicable the
power or powers granted to Congress in the Constitution to
enact the bill or joint resolution. The statement shall appear
in a portion of the Record designated for that purpose and be
made publicly available in electronic form by the Clerk.
---------------------------------------------------------------------------
\90\ Clause 7, requiring a constitutional authority statement for
each bill that is introduced, appended to the legislative text, was
inserted by H. Res. 5, the organizing resolution for the 112th
Congress.
---------------------------------------------------------------------------
(2) Before consideration of a Senate bill or joint
resolution, the chair of a committee of jurisdiction
may submit the statement required under subparagraph
(1) as though the chair were the sponsor of the Senate
bill or joint resolution.
RULE XIII
Calendars and Committee Reports.
Calendars
1. (a) All business reported by committees shall be
referred to one of the following three calendars:
(1) A Calendar of the Committee of the Whole House
on the state of the Union, to which shall be referred
public bills and public resolutions raising revenue,
involving a tax or charge on the people, directly or
indirectly making appropriations of money or property
or requiring such appropriations to be made,
authorizing payments out of appropriations already
made, releasing any liability to the United States for
money or property, or referring a claim to the Court of
Claims.
(2) A House Calendar, to which shall be referred
all public bills and public resolutions not requiring
referral to the Calendar of the Committee of the Whole
House on the state of the Union.
(3) A Private Calendar as provided in clause 5 of
rule XV, to which shall be referred all private bills
and private resolutions.
(b) There is established a Calendar of Motions to Discharge
Committees as provided in clause 2 of rule XV.
Filing and printing of reports
2. (a)(1) Except as provided in subparagraph (2), all
reports of committees (other than those filed from the floor)
shall be delivered to the Clerk for printing and reference to
the proper calendar under the direction of the Speaker in
accordance with clause 1. The title or subject of each report
shall be entered on the Journal and printed in the
Congressional Record.
(2) A bill or resolution reported adversely (other
than those filed as privileged) shall be laid on the
table unless a committee to which the bill or
resolution was referred requests at the time of the
report its referral to an appropriate calendar under
clause 1 or unless, within three days thereafter, a
Member, Delegate, or Resident Commissioner makes such a
request.
(b)(1) It shall be the duty of the chair of each committee
to report or cause to be reported promptly to the House a
measure or matter approved by the committee and to take or
cause to be taken steps necessary to bring the measure or
matter to a vote.
(2) In any event, the report of a committee on a
measure that has been approved by the committee shall
be filed within seven calendar days (exclusive of days
on which the House is not in session) after the day on
which a written request for the filing of the report,
signed by a majority of the members of the committee,
has been filed with the clerk of the committee. The
clerk of the committee shall immediately notify the
chair of the filing of such a request. This
subparagraph does not apply to a report of the
Committee on Rules with respect to a rule, joint rule,
or order of business of the House, or to the reporting
of a resolution of inquiry addressed to the head of an
executive department.
(c) All supplemental, minority, or additional views filed
under clause 2(l) of rule XI by one or more members of a
committee shall be included in, and shall be a part of, the
report filed by the committee with respect to a measure or
matter. When time guaranteed by clause 2(l) of rule XI has
expired (or, if sooner, when all separate views have been
received), the committee may arrange to file its report with
the Clerk not later than one hour after the expiration of such
time. This clause and provisions of clause 2(l) of rule XI do
not preclude the immediate filing or printing of a committee
report in the absence of a timely request for the opportunity
to file supplemental, minority, or additional views as provided
in clause 2(l) of rule XI.
Content of reports
3. (a)(1) Except as provided in subparagraph (2), the
report of a committee on a measure or matter shall be printed
in a single volume that--
(A) shall include all supplemental,
minority, or additional views that have been
submitted by the time of the filing of the
report; and
(B) shall bear on its cover a recital that
any such supplemental, minority, or additional
views (and any material submitted under
paragraph (c)(3)) are included as part of the
report.
(2) A committee may file a supplemental report for
the correction of a technical error in its previous
report on a measure or matter. A supplemental report
only correcting errors in the depiction of record votes
under paragraph (b) may be filed under this
subparagraph and shall not be subject to the
requirement in clause 4 or clause 6 concerning the
availability of reports.
(b) With respect to each record vote on a motion to report
a measure or matter of a public nature, and on any amendment
offered to the measure or matter, the total number of votes
cast for and against, and the names of members voting for and
against, shall be included in the committee report. The
preceding sentence does not apply to votes taken in executive
session by the Committee on Ethics.
(c) The report of a committee on a measure that has been
approved by the committee shall include, separately set out and
clearly identified, the following:
(1) Oversight findings and recommendations under
clause 2(b)(1) of rule X.
(2) The statement required by section 308(a) of the
Congressional Budget Act of 1974, except that an
estimate of new budget authority shall include, when
practicable, a comparison of the total estimated
funding level for the relevant programs to the
appropriate levels under current law.
(3) An estimate and comparison prepared by the
Director of the Congressional Budget Office under
section 402 of the Congressional Budget Act of 1974 if
timely submitted to the committee before the filing of
the report.
(4) A statement of general performance goals and
objectives, including outcome-related goals and
objectives, for which the measure authorizes funding.
(d) Each report of a committee on a public bill or public
joint resolution shall contain the following:
(1)(A) An estimate by the committee of the costs
that would be incurred in carrying out the bill or
joint resolution in the fiscal year in which it is
reported and in each of the five fiscal years following
that fiscal year (or for the authorized duration of any
program authorized by the bill or joint resolution if
less than five years);
(B) a comparison of the estimate of costs
described in subdivision (A) made by the
committee with any estimate of such costs made
by a Government agency and submitted to such
committee; and
(C) when practicable, a comparison of the
total estimated funding level for the relevant
programs with the appropriate levels under
current law.
(2)(A) In subparagraph (1) the term ``Government
agency'' includes any department, agency,
establishment, wholly owned Government Corporation, or
instrumentality of the Federal Government or the
government of the District of Columbia.
(B) Subparagraph (1) does not apply to the
Committee on Appropriations, the Committee on
House Administration, the Committee on Rules,
or the Committee on Ethics, and does not apply
when a cost estimate and comparison prepared by
the Director of the Congressional Budget Office
under section 402 of the Congressional Budget
Act of 1974 has been included in the report
under paragraph (c)(3).
(e)(1) Whenever a committee reports a bill or joint
resolution proposing to repeal or amend a statute or part
thereof, it shall include in its report or in an accompanying
document--
(A) the text of a statute or part thereof
that is proposed to be repealed; and
(B) a comparative print of any part of the
bill or joint resolution proposing to amend the
statute and of the statute or part thereof
proposed to be amended, showing by appropriate
typographical devices the omissions and
insertions proposed.
(2) If a committee reports a bill or joint
resolution proposing to repeal or amend a statute or
part thereof with a recommendation that the bill or
joint resolution be amended, the comparative print
required by subparagraph (1) shall reflect the changes
in existing law proposed to be made by the bill or
joint resolution as proposed to be amended.
(f)(1) A report of the Committee on Appropriations on a
general appropriation bill shall include--
(A) a concise statement describing the
effect of any provision of the accompanying
bill that directly or indirectly changes the
application of existing law; and
(B) a list of all appropriations contained
in the bill for expenditures not currently
authorized by law for the period concerned
(excepting classified intelligence or national
security programs, projects, or activities),
along with a statement of the last year for
which such expenditures were authorized, the
level of expenditures authorized for that year,
the actual level of expenditures for that year,
and the level of appropriations in the bill for
such expenditures.
(2) Whenever the Committee on Appropriations
reports a bill or joint resolution including matter
specified in clause 1(b)(2) or (3) of rule X, it shall
include--
(A) in the bill or joint resolution,
separate headings for ``Rescissions'' and
``Transfers of Unexpended Balances''; and
(B) in the report of the committee, a
separate section listing such rescissions and
transfers.
(g) Whenever the Committee on Rules reports a resolution
proposing to repeal or amend a standing rule of the House, it
shall include in its report or in an accompanying document--
(1) the text of any rule or part thereof that is
proposed to be repealed; and
(2) a comparative print of any part of the
resolution proposing to amend the rule and of the rule
or part thereof proposed to be amended, showing by
appropriate typographical devices the omissions and
insertions proposed. (h)(1) It shall not be in order to
consider a bill or joint resolution reported by the
Committee on Ways and Means that proposes to amend the
Internal Revenue Code of 1986 unless--
(A) the report includes a tax complexity
analysis prepared by the Joint Committee on
Internal Revenue Taxation in accordance with
section 4022(b) of the Internal Revenue Service
Restructuring and Reform Act of 1998; or
(B) the chair of the Committee on Ways and
Means causes such a tax complexity analysis to
be printed in the Congressional Record before
consideration of the bill or joint resolution.
(2)(A) It shall not be in order to consider a bill or joint
resolution reported by the Committee on Ways and Means that
proposes to amend the Internal Revenue Code of 1986 unless--
(i) the report includes a
macroeconomic impact analysis;
(ii) the report includes a
statement from the Joint Committee on
Internal Revenue Taxation explaining
why a macroeconomic impact analysis is
not calculable; or
(iii) the chair of the Committee on
Ways and Means causes a macroeconomic
impact analysis to be printed in the
Congressional Record before
consideration of the bill or joint
resolution.
(B) In subdivision (A), ther term
``macroeconomic impact analysis'' means--
(i) an estimate prepared by the
Joint Committee on Internal Revenue
Taxation of the changes in economic
output, employment, capital stock, and
tax revenues expected to result from
enactment of the proposal; and
(ii) a statement from the Joint
Committee on Internal Revenue Taxation
identifying the critical assumptions
and the source of data underlying that
estimate.
Availability of reports
4. (a)(1) Except as specified in subparagraph (2), it shall
not be in order to consider in the House a measure or matter
reported by a committee until the third calendar day (excluding
Saturdays, Sundays, or legal holidays except when the House is
in session on such a day) on which each report of a committee
on that measure or matter has been available to Members,
Delegates, and the Resident Commissioner.
(2) Subparagraph (1) does not apply to--
(A) a resolution providing a rule, joint
rule, or order of business reported by the
Committee on Rules considered under clause 6;
(B) a resolution providing amounts from the
applicable accounts described in clause 1(k)(1)
of rule X reported by the Committee on House
Administration considered under clause 6 of
rule X;
(C) a resolution presenting a question of
the privileges of the House reported by any
committee;
(D) a measure for the declaration of war,
or the declaration of a national emergency, by
Congress; and
(E) a measure providing for the disapproval
of a decision, determination, or action by a
Government agency that would become, or
continue to be, effective unless disapproved or
otherwise invalidated by one or both Houses of
Congress. In this subdivision the term
``Government agency'' includes any department,
agency, establishment, wholly owned Government
corporation, or instrumentality of the Federal
Government or of the government of the District
of Columbia.
(b) A committee that reports a measure or matter shall make
every reasonable effort to have its hearings thereon (if any)
printed and available for distribution to Members, Delegates,
and the Resident Commissioner before the consideration of the
measure or matter in the House.
(c) A general appropriation bill reported by the Committee
on Appropriations may not be considered in the House until the
third calendar day (excluding Saturdays, Sundays, and legal
holidays except when the House is in session on such a day) on
which printed hearings of the Committee on Appropriations
thereon have been available to Members, Delegates, and the
Resident Commissioner.
Privileged reports, generally
5. (a) The following committees shall have leave to report
at any time on the following matters, respectively:
(1) The Committee on Appropriations, on general
appropriation bills and on joint resolutions continuing
appropriations for a fiscal year after September 15 in
the preceding fiscal year.
(2) The Committee on the Budget, on the matters
required to be reported by such committee under titles
III and IV of the Congressional Budget Act of 1974.
(3) The Committee on House Administration, on
enrolled bills, on contested elections, on matters
referred to it concerning printing for the use of the
House or the two Houses, on expenditure of the
applicable accounts of the House described in clause
1(k)(1) of rule X, and on matters relating to
preservation and availability of noncurrent records of
the House under rule VII.
(4) The Committee on Rules, on rules, joint rules,
and the order of business.
(5) The Committee on Ethics, on resolutions
recommending action by the House with respect to a
Member, Delegate, Resident Commissioner, officer, or
employee of the House as a result of an investigation
by the committee relating to the official conduct of
such Member, Delegate, Resident Commissioner, officer,
or employee.
(b) A report filed from the floor as privileged under
paragraph (a) may be called up as a privileged question by
direction of the reporting committee, subject to any
requirement concerning its availability to Members, Delegates,
and the Resident Commissioner under clause 4 or concerning the
timing of its consideration under clause 6.
Privileged reports by the Committee on Rules
6. (a) A report by the Committee on Rules on a rule, joint
rule, or the order of business may not be called up for
consideration on the same day it is presented to the House
except--
(1) when so determined by a vote of two-thirds of
the Members voting, a quorum being present;
(2) in the case of a resolution proposing only to
waive a requirement of clause 4 or of clause 8 of rule
XXII concerning the availability of reports; or
(3) during the last three days of a session of
Congress.
(b) Pending the consideration of a report by the Committee
on Rules on a rule, joint rule, or the order of business, the
Speaker may entertain one motion that the House adjourn but may
not entertain any other dilatory motion until the report shall
have been disposed of.
(c) The Committee on Rules may not report a rule or order
that would prevent the motion to recommit a bill or joint
resolution from being made as provided in clause 2(b) of rule
XIX, including a motion to recommit with instructions to report
back an amendment otherwise in order, if offered by the
Minority Leader or a designee, except with respect to a Senate
bill or joint resolution for which the text of a House-passed
measure has been substituted.
(d) The Committee on Rules shall present to the House
reports concerning rules, joint rules, and the order of
business, within three legislative days of the time when they
are ordered. If such a report is not considered immediately, it
shall be referred to the calendar. If such a report on the
calendar is not called up by the member of the committee who
filed the report within seven legislative days, any member of
the committee may call it up as a privileged question on the
day after the calendar day on which the member announces to the
House intention to do so. The Speaker shall recognize a member
of the committee who rises for that purpose.
(e) An adverse report by the Committee on Rules on a
resolution proposing a special order of business for the
consideration of a public bill or public joint resolution may
be called up as a privileged question by a Member, Delegate, or
Resident Commissioner on a day when it is in order to consider
a motion to discharge committees under clause 2 of rule XV.
(f) If the House has adopted a resolution making in order a
motion to consider a bill or resolution, and such a motion has
not been offered within seven calendar days thereafter, such a
motion shall be privileged if offered by direction of all
reporting committees having initial jurisdiction of the bill or
resolution.
(g) Whenever the Committee on Rules reports a resolution
providing for the consideration of a measure, it shall (to the
maximum extent possible) specify in the resolution the object
of any waiver of a point of order against the measure or
against its consideration.
Resolutions of inquiry
7. A report on a resolution of inquiry addressed to the
head of an executive department may be filed from the floor as
privileged. If such a resolution is not reported to the House
within 14 legislative days after its introduction, a motion to
discharge a committee from its consideration shall be
privileged.
RULE XVIII
The Committee of the Whole House
on the State of the Union.
* * * * * * *
Concurrent Resolution on the Budget \91\
10. (a) At the conclusion of general debate in the
Committee of the Whole House on the state of the Union on a
concurrent resolution on the budget under section 305(a) of the
Congressional Budget Act of 1974, the concurrent resolution
shall be considered as read for amendment.
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\91\ Clause 10 of Rule XVIII requires that, with certain
exceptions, that amendments to concurrent resolutions on the budget be
mathematically consistent. Under this rule, amendments making changes
in budget authority and outlay aggregate totals must be accompanied by
comparable changes in functional categories. A point of order will lie
against an amendment to the resolution increasing the aggregates and a
functional category for budget authority and outlays but not changing
the amount of the deficit. However, an amendment that only transfers an
amount of budget authority from one functional category to another--
that is, reduces one category by a certain amount and adds the same
amount to another category--need make no changes in the aggregates to
achieve mathematical consistency. 96-1, May 8, 1979, p 10271.
---------------------------------------------------------------------------
(b) It shall not be in order in the House or in the
Committee of the Whole House on the state of the Union to
consider an amendment to a concurrent resolution on the budget,
or an amendment thereto, unless the concurrent resolution, as
amended by such amendment or amendments--
(1) would be mathematically consistent except as
limited by paragraph (c); and
(2) would contain all the matter set forth in
paragraphs (1) through (5) of section 301(a) of the
Congressional Budget Act of 1974.
(c)(1) Except as specified in subparagraph (2), it shall
not be in order in the House or in the Committee of the Whole
House on the state of the Union to consider an amendment to a
concurrent resolution on the budget, or an amendment thereto,
that proposes to change the amount of the appropriate level of
the public debt set forth in the concurrent resolution, as
reported.
(2) Amendments to achieve mathematical consistency
under section 305(a)(5) of the Congressional Budget Act
of 1974, if offered by direction of the Committee on
the Budget, may propose to adjust the amount of the
appropriate level of the public debt set forth in the
concurrent resolution, as reported, to reflect changes
made in other figures contained in the concurrent
resolution.
* * * * * * *
RULE XXI
Restrictions on Certain Bills.
Reservation of certain points of order
1. At the time a general appropriation bill is reported,
all points of order against provisions therein shall be
considered as reserved.
General appropriation bills and amendments
2. (a)(1) An appropriation may not be reported in a general
appropriation bill, and may not be in order as an amendment
thereto, for an expenditure not previously authorized by law,
except to continue appropriations for public works and objects
that are already in progress.
(2) A reappropriation of unexpended balances of
appropriations may not be reported in a general
appropriation bill, and may not be in order as an
amendment thereto, except to continue appropriations
for public works and objects that are already in
progress. This subparagraph does not apply to transfers
of unexpended balances within the department or agency
for which they were originally appropriated that are
reported by the Committee on Appropriations.
(b) A provision changing existing law may not be reported
in a general appropriation bill, including a provision making
the availability of funds contingent on the receipt or
possession of information not required by existing law for the
period of the appropriation, except germane provisions that
retrench expenditures by the reduction of amounts of money
covered by the bill (which may include those recommended to the
Committee on Appropriations by direction of a legislative
committee having jurisdiction over the subject matter) and
except rescissions of appropriations contained in appropriation
Acts.
(c) An amendment to a general appropriation bill shall not
be in order if changing existing law, including an amendment
making the availability of funds contingent on the receipt or
possession of information not required by existing law for the
period of the appropriation. Except as provided in paragraph
(d), an amendment proposing a limitation not specifically
contained or authorized in existing law for the period of the
limitation shall not be in order during consideration of a
general appropriation bill.
(d) After a general appropriation bill has been read for
amendment, a motion that the Committee of the Whole House on
the state of the Union rise and report the bill to the House
with such amendments as may have been adopted shall, if offered
by the Majority Leader or a designee, have precedence over
motions to amend the bill. If such a motion to rise and report
is rejected or not offered, amendments proposing limitations
not specifically contained or authorized in existing law for
the period of the limitation or proposing germane amendments
that retrench expenditures by reductions of amounts of money
covered by the bill may be considered.
(e) A provision other than an appropriation designated an
emergency under section 251(b)(2) or section 252(e) of the
Balanced Budget and Emergency Deficit Control Act, a rescission
of budget authority, or a reduction in direct spending or an
amount for a designated emergency may not be reported in an
appropriation bill or joint resolution containing an emergency
designation under section 251(b)(2) or section 252(e) of such
Act and may not be in order as an amendment thereto.
(f) During the reading of an appropriation bill for
amendment in the Committee of the Whole House on the state of
the Union, it shall be in order to consider en bloc amendments
proposing only to transfer appropriations among objects in the
bill without increasing the levels of budget authority or
outlays in the bill. When considered en bloc under this
paragraph, such amendments may amend portions of the bill not
yet read for amendment (following disposition of any points of
order against such portions) and are not subject to a demand
for division of the question in the House or in the Committee
of the Whole.
Transportation obligation limitations \92\
3. It shall not be in order to consider a general
appropriation bill or joint resolution, or conference report
thereon, that--
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\92\ Amended previous clause: ``It shall not be in order to
consider a bill, joint resolution, amendment, or conference report that
would cause obligation limitations to be below the level for any fiscal
year set forth in section 8003 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users, as adjusted,
for the highway category or the mass transit category, as applicable.
For purposes of this clause, any obligation limitation relating to
surface transportation projects under section 1602 of the
Transportation Equity Act for the 21st Century and section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users shall be assumed to be administered on the basis of
sound program management practices that are consistent with past
practices of the administering agency permitting Sec. 1064.
Transportation obligation limitations.''
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(a) provides spending authority derived from
receipts deposited in the Highway Trust Fund (excluding
any transfers from the General Fund of the Treasury);
or
(b) reduces or otherwise limits the accruing
balances of the Highway Trust Fund, for any purpose
other than for those activities authorized for the
highway or mass transit categories.
Appropriations on legislative bills
4. A bill or joint resolution carrying an appropriation may
not be reported by a committee not having jurisdiction to
report appropriations, and an amendment proposing an
appropriation shall not be in order during the consideration of
a bill or joint resolution reported by a committee not having
that jurisdiction. A point of order against an appropriation in
such a bill, joint resolution, or amendment thereto may be
raised at any time during pendency of that measure for
amendment.
Tax and tariff measures and amendments
5. (a)(1) A bill or joint resolution carrying a tax or
tariff measure may not be reported by a committee not having
jurisdiction to report tax or tariff measures, and an amendment
in the House or proposed by the Senate carrying a tax or tariff
measure shall not be in order during the consideration of a
bill or joint resolution reported by a committee not having
that jurisdiction. A point of order against a tax or tariff
measure in such a bill, joint resolution, or amendment thereto
may be raised at any time during pendency of that measure for
amendment.
(2) For purposes of paragraph (1),\93\ a tax or
tariff measure includes an amendment proposing a
limitation on funds in a general appropriation bill for
the administration of a tax or tariff.
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\93\ So in law. Should be ``subparagraph (1)''.
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(b) A bill or joint resolution, amendment, or conference
report carrying a Federal income tax rate increase may not be
considered as passed or agreed to unless so determined by a
vote of not less than three-fifths of the Members voting, a
quorum being present. In this paragraph the term ``Federal
income tax rate increase'' means any amendment to subsection
(a), (b), (c), (d), or (e) of section 1, or to section 11(b) or
55(b), of the Internal Revenue Code of 1986, that imposes a new
percentage as a rate of tax and thereby increases the amount of
tax imposed by any such section.
(c) It shall not be in order to consider a bill, joint
resolution, amendment, or conference report carrying a
retroactive Federal income tax rate increase. In this
paragraph--
(1) the term ``Federal income tax rate increase''
means any amendment to subsection (a), (b), (c), (d),
or (e) of section 1, or to section 11(b) or 55(b), of
the Internal Revenue Code of 1986, that imposes a new
percentage as a rate of tax and thereby increases the
amount of tax imposed by any such section; and
(2) a Federal income tax rate increase is
retroactive if it applies to a period beginning before
the enactment of the provision.
Designation of public works
6. It shall not be in order to consider a bill, joint
resolution, amendment, or conference report that provides for
the designation or redesignation of a public work in honor of
an individual then serving as a Member, Delegate, Resident
Commissioner, or Senator.
Reconciliation directives
7. It shall not be in order to consider a concurrent
resolution on the budget, or an amendment thereto, or a
conference report thereon that contains reconciliation
directives under section 310 of the Congressional Budget Act of
1974 that specify changes in law such that the reconciliation
legislation reported pursuant to such directives would cause an
increase in net direct spending as such term is defined in
clause 10 for the period covered by such concurrent resolution.
Application of Budget Act points of order
8. With respect to measures considered pursuant to a
special order of business, points of order under title III of
the Congressional Budget Act of 1974 shall operate without
regard to whether the measure concerned has been reported from
committee. Such points of order shall operate with respect to
(as the case may be)--
(a) the form of a measure recommended by the
reporting committee where the statute uses the term
``as reported'' (in the case of a measure that has been
so reported);
(b) the form of the measure made in order as an
original bill or joint resolution for the purpose of
amendment; or
(c) the form of the measure on which the previous
question is ordered directly to passage.
Earmarks
9. (a) It shall not be in order to consider--
(1) a bill or joint resolution reported by a
committee unless the report includes a list of
congressional earmarks, limited tax benefits, and
limited tariff benefits in the bill or in the report
(and the name of any Member, Delegate, or Resident
Commissioner who submitted a request to the committee
for each respective item included in such list) or a
statement that the proposition contains no
congressional earmarks, limited tax benefits, or
limited tariff benefits;
(2) a bill or joint resolution not reported by a
committee unless the chair of each committee of initial
referral has caused a list of congressional earmarks,
limited tax benefits, and limited tariff benefits in
the bill (and the name of any Member, Delegate, or
Resident Commissioner who submitted a request to the
committee for each respective item included in such
list) or a statement that the proposition contains no
congressional earmarks, limited tax benefits, or
limited tariff benefits to be printed in the
Congressional Record prior to its consideration;
(3) an amendment to a bill or joint resolution to
be offered at the outset of its consideration for
amendment by a Member of a committee of initial
referral as designated in a report of the Committee on
Rules to accompany a resolution prescribing a special
order of business unless the proponent has caused a
list of congressional earmarks, limited tax benefits,
and limited tariff benefits in the amendment (and the
name of any Member, Delegate, or Resident Commissioner
who submitted a request to the proponent for each
respective item included in such list) or a statement
that the proposition contains no congressional
earmarks, limited tax benefits, or limited tariff
benefits to be printed in the Congressional Record
prior to its consideration; or
(4) a conference report to accompany a bill or
joint resolution unless the joint explanatory statement
prepared by the managers on the part of the House and
the managers on the part of the Senate includes a list
of congressional earmarks, limited tax benefits, and
limited tariff benefits in the conference report or
joint statement (and the name of any Member, Delegate,
Resident Commissioner, or Senator who submitted a
request to the House or Senate committees of
jurisdiction for each respective item included in such
list) or a statement that the proposition contains no
congressional earmarks, limited tax benefits, or
limited tariff benefits.
(b) It shall not be in order to consider a conference
report to accompany a regular general appropriation bill unless
the joint explanatory statement prepared by the managers on the
part of the House and the managers on the part of the Senate
includes--
(1) a list of congressional earmarks, limited tax
benefits, and limited tariff benefits in the conference
report or joint statement (and the name of any Member,
Delegate, Resident Commissioner, or Senator who
submitted a request to the House or Senate committees
of jurisdiction for each respective item included in
such list) that were neither committed to the
conference committee by either House nor in a report of
a committee of either House on such bill or on a
companion measure; or
(2) a statement that the proposition contains no
congressional earmarks, limited tax benefits, or
limited tariff benefits.
(c) It shall not be in order to consider a rule or order
that waives the application of paragraph (a) or (b). As
disposition of a point of order under this paragraph or
paragraph (b), the Chair shall put the question of
consideration with respect to the rule or order or conference
report, as applicable. The question of consideration shall be
debatable for 10 minutes by the Member initiating the point of
order and for 10 minutes by an opponent, but shall otherwise be
decided without intervening motion except one that the House
adjourn.
(d) In order to be cognizable by the Chair, a point of
order raised under paragraph (a) may be based only on the
failure of a report, submission to the Congressional Record, or
joint explanatory statement to include a list required by
paragraph (a) or a statement that the proposition contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits.
(e) For the purpose of this clause, the term
``congressional earmark'' means a provision or report language
included primarily at the request of a Member, Delegate,
Resident Commissioner, or Senator providing, authorizing or
recommending a specific amount of discretionary budget
authority, credit authority, or other spending authority for a
contract, loan, loan guarantee, grant, loan authority, or other
expenditure with or to an entity, or targeted to a specific
State, locality or Congressional district, other than through a
statutory or administrative formula driven or competitive award
process.
(f) For the purpose of this clause, the term ``limited tax
benefit'' means--
(1) any revenue-losing provision that--
(A) provides a Federal tax deduction,
credit, exclusion, or preference to 10 or fewer
beneficiaries under the Internal Revenue Code
of 1986, and
(B) contains eligibility criteria that are
not uniform in application with respect to
potential beneficiaries of such provision; or
(2) any Federal tax provision which provides one
beneficiary temporary or permanent transition relief
from a change to the Internal Revenue Code of 1986.
(g) For the purpose of this clause, the term ``limited
tariff benefit'' means a provision modifying the Harmonized
Tariff Schedule of the United States in a manner that benefits
10 or fewer entities.
Cut-As-You-Go
10. (a)(1) Except as provided in paragraphs (b) and (c), it
shall not be in order to consider a bill or joint resolution,
or an amendment thereto or a conference report thereon, if the
provisions of such measure have the net effect of increasing
mandatory spending for the period of either--
(A) the current year, the budget year, and
the four fiscal years following that budget
year; or
(B) the current year, the budget year, and
the nine fiscal years following that budget
year.
(2) For the purpose of this clause, the terms
`budget year' and `current year' have the meanings
specified in section 250 of the Balanced Budget and
Emergency Deficit Control Act of 1985, and the term
`mandatory spending' has the meaning of `direct
spending' specified in such section 250 except that
such term shall also include provisions in
appropriation Acts that make outyear modifications to
substantive law as described in section 3(4)(C) of the
Statutory Pay-As-You-Go Act of 2010.
(b) If a bill or joint resolution, or an amendment thereto,
is considered pursuant to a special order of the House
directing the Clerk to add as new matter at the end of such
bill or joint resolution the entire text of a separate measure
or measures as passed by the House, the new matter proposed to
be added shall be included in the evaluation under paragraph
(a) of the bill, joint resolution, or amendment.
(c)(1) Except as provided in subparagraph (2), the
evaluation under paragraph (a) shall exclude a provision
expressly designated as an emergency for the Statutory Pay-As-
You-Go Act of 2010, in the case of a point of order under this
clause against consideration of--
(A) a bill or joint resolution;
(B) an amendment made in order as original
text by a special order of business;
(C) a conference report; or
(D) an amendment between the Houses.
(2) In the case of an amendment (other than one
specified in subparagraph (1)) to a bill or joint
resolution, the evaluation under paragraph (a) shall
give no cognizance to any designation of emergency.\94\
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\94\ The following language was deleted by H. Res. 5, the ``rules
package,'' adopted in the 112th Congress: ``(3) If a bill, a joint
resolution, an amendment made in order as original text by a special
order of business, a conference report, or an amendment between the
Houses includes a provision expressly designated as an emergency for
purposes of pay-as-you-go principles, the Chair shall put the question
of consideration with respect thereto.''
Notice Requirements
11. It shall not be in order to consider a bill or joint
resolution which has not been reported by a committee until the
third calendar day (excluding Saturdays, Sundays, or legal
holidays except when the House is in session on such a day) on
which such measure has been available to Members, Delegates,
and the Resident Commissioner.\95\
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\95\ This clause was added by House Resolution 5 from the 112th
Congress.
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* * * * * * *
Rule XXIX
General Provisions.
* * * * * * *
4. Authoritative guidance from the Committee on the
Budget concerning the impact of a legislative
proposition on the levels of new budget authority,
outlays, direct spending, new entitlement authority and
revenues may be provided by the chair of the
committee.\96\
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\96\ This clause was added by House Resolution 5 from the 112th
Congress.
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======================================================================
RULES OF THE SENATE
======================================================================
S. CON. RES. 21, 110TH CONGRESS
* * * * * * *
Title II--Budget Process
SEC. 201. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE.
(a) Point of Order.--
(1) In general.--It shall not be in order in the
Senate to consider any direct spending or revenue
legislation that would increase the on-budget deficit
or cause an on-budget deficit for either of the
applicable time periods as measured in paragraphs (5)
and (6).
(2) Applicable time periods.--For purposes of this
subsection, the term ``applicable time period'' means
either--
(A) the period of the current fiscal year,
the budget year, and the ensuing 4 fiscal years
following the budget year; or
(B) the period of the current fiscal year,
the budget year, and the ensuing 9 fiscal years
following the budget year.
(3) Direct spending legislation.--For purposes of
this subsection and except as provided in paragraph
(4), the term ``direct spending legislation'' means any
bill, joint resolution, amendment, motion, or
conference report that affects direct spending as that
term is defined by, and interpreted for purposes of,
the Balanced Budget and Emergency Deficit Control Act
of 1985.
(4) Exclusion.--For purposes of this subsection,
the terms ``direct spending legislation'' and ``revenue
legislation'' do not include--
(A) any concurrent resolution on the
budget; or
(B) any provision of legislation that
affects the full funding of, and continuation
of, the deposit insurance guarantee commitment
in effect on the date of enactment of the
Budget Enforcement Act of 1990.
(5) Baseline.--Estimates prepared pursuant to this
subsection shall--
(A) use the baseline surplus or deficit
used for the most recently adopted concurrent
resolution on the budget; and
(B) be calculated under the requirements of
subsections (b) through (d) of section 257 of
the Balanced Budget and Emergency Deficit
Control Act of 1985 (as in effect prior to
September 30, 2002) for fiscal years beyond
those covered by that concurrent resolution on
the budget.
(6) Prior surplus.--If direct spending or revenue
legislation increases the on-budget deficit or causes
an on-budget deficit when taken individually, it must
also increase the on-budget deficit or cause an on-
budget deficit when taken together with all direct
spending and revenue legislation enacted since the
beginning of the calendar year not accounted for in the
baseline under paragraph (5)(A), except that direct
spending or revenue effects resulting in net deficit
reduction enacted in any bill pursuant to a
reconciliation instruction since the beginning of that
same calendar year shall never be made available on the
pay-as-you-go ledger and shall be dedicated only for
deficit reduction.
(b) Supermajority Waiver and Appeals.--
(1) Waiver.--This section may be waived or
suspended in the Senate only by the affirmative vote of
three-fifths of the Members, duly chosen and sworn.
(2) Appeals.--Appeals in the Senate from the
decisions of the Chair relating to any provision of
this section shall be limited to 1 hour, to be equally
divided between, and controlled by, the appellant and
the manager of the bill or joint resolution, as the
case may be. An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn, shall be
required to sustain an appeal of the ruling of the
Chair on a point of order raised under this section.
(c) Determination of Budget Levels.--For purposes of this
section, the levels of new budget authority, outlays, and
revenues for a fiscal year shall be determined on the basis of
estimates made by the Senate Committee on the Budget.
(d) Sunset.--This section shall expire on September 30,
2017.
(e) Repeal.--In the Senate, section 505 of H. Con. Res. 95
(108th Congress), the fiscal year 2004 concurrent resolution on
the budget, shall no longer apply.
SEC. 202. SENATE POINT OF ORDER AGAINST RECONCILIATION LEGISLATION THAT
WOULD INCREASE THE DEFICIT OR REDUCE A SURPLUS.
(a) In General.--It shall not be in order in the Senate to
consider any reconciliation bill, resolution, amendment,
amendment between Houses, motion, or conference report pursuant
to section 310 of the Congressional Budget Act of 1974 that
would cause or increase a deficit or reduce a surplus in either
of the following periods:
(1) The current fiscal year, the budget year, and
the ensuing 4 fiscal years following the budget year.
(2) The current fiscal year, the budget year, and
the ensuing 9 fiscal years following the budget year.
(b) Supermajority Waiver and Appeal in the Senate.--
(1) Waiver.--This section may be waived or
suspended in the Senate only by an affirmative vote of
three-fifths of the Members, duly chosen and sworn.
(2) Appeal.--An affirmative vote of three-fifths of
the Members of the Senate, duly chosen and sworn, shall
be required in the Senate to sustain an appeal of the
ruling of the Chair on a point of order raised under
this section.
(c) Determination of Budget Levels.--For purposes of this
section, the levels of net deficit increases shall be
determined on the basis of estimates provided by the Senate
Committee on the Budget.
SEC. 203. SENATE POINT OF ORDER AGAINST LEGISLATION INCREASING LONG-
TERM DEFICITS.
(a) Congressional Budget Office Analysis of Proposals.--The
Director of the Congressional Budget Office shall, to the
extent practicable, prepare for each bill and joint resolution
reported from committee (except measures within the
jurisdiction of the Committee on Appropriations), and
amendments thereto and conference reports thereon, an estimate
of whether the measure would cause, relative to current law, a
net increase in deficits in excess of $5,000,000,000 in any of
the four 10-year periods beginning in fiscal year 2018 through
fiscal year 2057.
(b) Point of Order.--It shall not be in order in the Senate
to consider any bill, joint resolution, amendment, motion, or
conference report that would cause a net increase in deficits
in excess of $5,000,000,000 in any of the 4 10-year periods
beginning in 2018 through 2057.
(c) Supermajority Waiver and Appeal in the Senate.--
(1) Waiver.--This section may be waived or
suspended only by the affirmative vote of three-fifths
of the Members, duly chosen and sworn.
(2) Appeal.--An affirmative vote of three-fifths of
the Members, duly chosen and sworn, shall be required
to sustain an appeal of the ruling of the Chair on a
point of order raised under this section.
(d) Determinations of Budget Levels.--For purposes of this
section, the levels of net deficit increases shall be
determined on the basis of estimates provided by the Senate
Committee on the Budget.
(e) Repeal.--In the Senate, section 407 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget for
fiscal year 2006, shall no longer apply.
(f) Sunset.--This section shall expire on September 30,
2017.
SEC. 204. EMERGENCY LEGISLATION.
(a) Senate.--
(1) Authority to designate.--In the Senate, with
respect to a provision of direct spending or receipts
legislation or appropriations for discretionary
accounts that Congress designates as an emergency
requirement in such measure, the amounts of new budget
authority, outlays, and receipts in all fiscal years
resulting from that provision shall be treated as an
emergency requirement for the purpose of this
subsection.
(2) Exemption of emergency provisions.--Any new
budget authority, outlays, and receipts resulting from
any provision designated as an emergency requirement,
pursuant to this subsection, in any bill, joint
resolution, amendment, or conference report shall not
count for purposes of sections 302 and 311 of the
Congressional Budget Act of 1974 and sections 201, 203,
and 207 of this resolution (relating to pay-as-you-go
in the Senate, long-term deficits, and discretionary
spending limits).
(3) Designations.--If a provision of legislation is
designated as an emergency requirement under this
subsection, the committee report and any statement of
managers accompanying that legislation shall include an
explanation of the manner in which the provision meets
the criteria in paragraph (6).
(4) Definitions.--In this subsection, the terms
``direct spending'', ``receipts'', and ``appropriations
for discretionary accounts'' mean any provision of a
bill, joint resolution, amendment, motion, or
conference report that affects direct spending,
receipts, or appropriations as those terms have been
defined and interpreted for purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(5) Point of order.--
(A) In general.--When the Senate is
considering a bill, resolution, amendment,
motion, or conference report, if a point of
order is made by a Senator against an emergency
designation in that measure, that provision
making such a designation shall be stricken
from the measure and may not be offered as an
amendment from the floor.
(B) Supermajority waiver and appeals.--
(i) Waiver.--Subparagraph (A) may
be waived or suspended in the Senate
only by an affirmative vote of three-
fifths of the Members, duly chosen and
sworn.
(ii) Appeals.--Appeals in the
Senate from the decisions of the Chair
relating to any provision of this
paragraph shall be limited to 1 hour,
to be equally divided between, and
controlled by, the appellant and the
manager of the bill or joint
resolution, as the case may be. An
affirmative vote of three-fifths of the
Members of the Senate, duly chosen and
sworn, shall be required to sustain an
appeal of the ruling of the Chair on a
point of order raised under this
paragraph.
(C) Definition of an emergency
designation.--For purposes of subparagraph (A),
a provision shall be considered an emergency
designation if it designates any item as an
emergency requirement pursuant to this
subsection.
(D) Form of the point of order.--A point of
order under subparagraph (A) may be raised by a
Senator as provided in section 313(e) of the
Congressional Budget Act of 1974.
(E) Conference reports.--When the Senate is
considering a conference report on, or an
amendment between the Houses in relation to, a
bill, upon a point of order being made by any
Senator pursuant to this subsection, and such
point of order being sustained, such material
contained in such conference report shall be
deemed stricken, and the Senate shall proceed
to consider the question of whether the Senate
shall recede from its amendment and concur with
a further amendment, or concur in the House
amendment with a further amendment, as the case
may be, which further amendment shall consist
of only that portion of the conference report
or House amendment, as the case may be, not so
stricken. Any such motion in the Senate shall
be debatable. In any case in which such point
of order is sustained against a conference
report (or Senate amendment derived from such
conference report by operation of this
paragraph), no further amendment shall be in
order.
(6) Criteria.--
(A) In general.--For purposes of this
subsection, any provision is an emergency
requirement if the situation addressed by such
provision is--
(i) necessary, essential, or vital
(not merely useful or beneficial);
(ii) sudden, quickly coming into
being, and not building up over time;
(iii) an urgent, pressing, and
compelling need requiring immediate
action;
(iv) subject to subparagraph (B),
unforeseen, unpredictable, and
unanticipated; and
(v) not permanent, temporary in
nature.
(B) Unforeseen.--An emergency that is part
of an aggregate level of anticipated
emergencies, particularly when normally
estimated in advance, is not unforeseen.
(7) Repeal.--In the Senate, section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006, shall no longer apply.
(b) House.--In the House, if any bill or joint resolution,
or amendment offered or considered as adopted or conference
report thereon, that makes appropriations for discretionary
amounts, and such amounts are designated as necessary to meet
emergency needs, then the new budget authority and outlays
resulting therefrom shall not be counted for the purposes of
titles III and IV of the Congressional Budget Act of 1974.
SEC. 205. EXTENSION OF ENFORCEMENT OF BUDGETARY POINTS OF ORDER IN THE
SENATE.
Notwithstanding any provision of the Congressional Budget
Act of 1974, subsections (c)(2) and (d)(3) of section 904 of
the Congressional Budget Act of 1974 shall remain in effect for
purposes of Senate enforcement through September 30, 2017, and
Section 403 of H. Con. Res. 95 (109th Congress) shall no longer
apply in the Senate.
SEC. 206. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.
(a) Senate.--
(1) In general.--
(A) Point of order.--Except as provided in
paragraph (2), it shall not be in order in the
Senate to consider any bill, joint resolution,
motion, amendment, or conference report that
would provide an advance appropriation.
(B) Definition.--In this subsection, the
term ``advance appropriation'' means any new
budget authority provided in a bill or joint
resolution making appropriations for fiscal
year 2008 that first becomes available for any
fiscal year after 2008, or any new budget
authority provided in a bill or joint
resolution making general appropriations or
continuing appropriations for fiscal year 2009,
that first becomes available for any fiscal
year after 2009.
(2) Exceptions.--Advance appropriations may be
provided--
(A) for fiscal years 2009 and 2010 for
programs, projects, activities, or accounts
identified in the joint explanatory statement
of managers accompanying this resolution under
the heading ``Accounts Identified for Advance
Appropriations'' in an aggregate amount not to
exceed $25,158,000,000 in new budget authority
in each year; and
(B) for the Corporation for Public
Broadcasting.
(3) Supermajority waiver and appeal.--
(A) Waiver.--In the Senate, paragraph (1)
may be waived or suspended only by an
affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(B) Appeal.--An affirmative vote of three-
fifths of the Members of the Senate, duly
chosen and sworn, shall be required to sustain
an appeal of the ruling of the Chair on a point
of order raised under paragraph (1).
(4) Form of point of order.--A point of order under
paragraph (1) may be raised by a Senator as provided in
section 313(e) of the Congressional Budget Act of 1974.
(5) Conference reports.--When the Senate is
considering a conference report on, or an amendment
between the Houses in relation to, a bill, upon a point
of order being made by any Senator pursuant to this
subsection, and such point of order being sustained,
such material contained in such conference report shall
be deemed stricken, and the Senate shall proceed to
consider the question of whether the Senate shall
recede from its amendment and concur with a further
amendment, or concur in the House amendment with a
further amendment, as the case may be, which further
amendment shall consist of only that portion of the
conference report or House amendment, as the case may
be, not so stricken. Any such motion in the Senate
shall be debatable. In any case in which such point of
order is sustained against a conference report (or
Senate amendment derived from such conference report by
operation of this subsection), no further amendment
shall be in order.
(6) Repeal.--In the Senate, section 401 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006, shall no longer apply.
(b) House.--
(1) In general.--In the House, except as provided
in paragraph (2), a bill or joint resolution making a
general appropriation or continuing appropriation, or
an amendment thereto may not provide for advance
appropriations.
(2) Advance appropriation.--In the House, an
advance appropriation may be provided for fiscal year
2009 or 2010 for programs, projects, activities, or
accounts identified in the joint explanatory statement
of managers accompanying this resolution under the
heading ``Accounts Identified for Advance
Appropriations'' in an aggregate amount not to exceed
$25,558,000,000 in new budget authority.
(3) Definition.--In this subsection, the term
``advance appropriation'' means any new discretionary
budget authority provided in a bill or joint resolution
making general appropriations or any new discretionary
budget authority provided in a bill or joint resolution
continuing appropriations for fiscal year 2008 that
first becomes available for any fiscal year after 2008.
SEC. 207. DISCRETIONARY SPENDING LIMITS, PROGRAM INTEGRITY INITIATIVES,
AND OTHER ADJUSTMENTS.
[Omitted]
SEC. 208. APPLICATION OF PREVIOUS ALLOCATIONS IN THE SENATE.
Section 7035 of Public Law 109-234 shall no longer apply in
the Senate.
SEC. 209. SENATE POINT OF ORDER AGAINST PROVISIONS OF APPROPRIATIONS
LEGISLATION THAT CONSTITUTE CHANGES IN MANDATORY
PROGRAMS WITH NET COSTS.
(a) In General.--In the Senate, it shall not be in order to
consider any appropriations legislation, including any
amendment thereto, motion in relation thereto, or conference
report thereon, that includes any provision which constitutes a
change in a mandatory program producing net costs, as defined
in subsection (b), that would have been estimated as affecting
direct spending or receipts under section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 (as in effect
prior to September 30, 2002) were they included in legislation
other than appropriations legislation. A point of order
pursuant to this section shall be raised against such provision
or provisions as described in subsections (e) and (f).
(b) Changes in Mandatory Programs Producing Net Costs.--A
provision or provisions shall be subject to a point of order
pursuant to this section if--
(1) the provision would increase budget authority
in at least 1 of the 9 fiscal years that follow the
budget year and over the period of the total of the
budget year and the 9 fiscal years following the budget
year;
(2) the provision would increase net outlays over
the period of the total of the 9 fiscal years following
the budget year; and
(3) the sum total of all changes in mandatory
programs in the legislation would increase net outlays
as measured over the period of the total of the 9
fiscal years following the budget year.
(c) Determination.--The determination of whether a
provision is subject to a point of order pursuant to this
section shall be made by the Committee on the Budget of the
Senate.
(d) Supermajority Waiver and Appeal.--This section may be
waived or suspended in the Senate only by an affirmative vote
of three-fifths of the Members, duly chosen and sworn. An
affirmative vote of three-fifths of the Members of the Senate,
duly chosen and sworn, shall be required to sustain an appeal
of the ruling of the Chair on a point of order raised under
this section.
(e) General Point of Order.--It shall be in order for a
Senator to raise a single point of order that several
provisions of a bill, resolution, amendment, motion, or
conference report violate this section. The Presiding Officer
may sustain the point of order as to some or all of the
provisions against which the Senator raised the point of order.
If the Presiding Officer so sustains the point of order as to
some of the provisions (including provisions of an amendment,
motion, or conference report) against which the Senator raised
the point of order, then only those provisions (including
provision of an amendment, motion, or conference report)
against which the Presiding Officer sustains the point of order
shall be deemed stricken pursuant to this section. Before the
Presiding Officer rules on such a point of order, any Senator
may move to waive such a point of order as it applies to some
or all of the provisions against which the point of order was
raised. Such a motion to waive is amendable in accordance with
rules and precedents of the Senate. After the Presiding Officer
rules on such a point of order, any Senator may appeal the
ruling of the Presiding Officer on such a point of order as it
applies to some or all of the provisions on which the Presiding
Officer ruled.
(f) Form of the Point of Order.--When the Senate is
considering a conference report on, or an amendment between the
Houses in relation to, a bill, upon a point of order being made
by any Senator pursuant to this section, and such point of
order being sustained, such material contained in such
conference report or amendment shall be deemed stricken, and
the Senate shall proceed to consider the question of whether
the Senate shall recede from its amendment and concur with a
further amendment, or concur in the House amendment with a
further amendment, as the case may be, which further amendment
shall consist of only that portion of the conference report or
House amendment, as the case may be, not so stricken. Any such
motion shall be debatable. In any case in which such point of
order is sustained against a conference report (or Senate
amendment derived from such conference report by operation of
this subsection), no further amendment shall be in order.
(g) Effectiveness.--This section shall not apply to--
(1) legislation making supplemental appropriations
for fiscal year 2007; and
(2) any provision constituting a change in a
mandatory program in appropriations legislation if such
provision has been enacted in each of the 3 fiscal
years prior to the budget year.
* * * * * * *
S. CON. RES. 70, 110TH CONGRESS
Title III--Budget Enforcement
Subtitle A--House Enforcement Provisions
SEC. 301. PROGRAM INTEGRITY INITIATIVES AND OTHER ADJUSTMENTS.
[Omitted]
SEC. 302. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.
[Omitted]
Senate Enforcement Provisions
SEC. 311. SENATE POINT OF ORDER AGAINST LEGISLATION INCREASING LONG-
TERM DEFICITS.
(a) Congressional Budget Office Analysis of Proposals.--The
Director of the Congressional Budget Office shall, to the
extent practicable, prepare for each bill and joint resolution
reported from committee (except measures within the
jurisdiction of the Committee on Appropriations), and
amendments thereto and conference reports thereon, an estimate
of whether the measure would cause, relative to current law, a
net increase in deficits in excess of $5,000,000,000 in any of
the 4 consecutive 10-year periods beginning with the first
fiscal year that is 10 years after the budget year provided for
in the most recently adopted concurrent resolution on the
budget.
(b) Point of Order.--It shall not be in order in the Senate
to consider any bill, joint resolution, amendment, motion, or
conference report that would cause a net increase in deficits
in excess of $5,000,000,000 in any of the 4 consecutive 10-year
periods described in subsection (a).
(c) Supermajority Waiver and Appeal in the Senate.--
(1) Waiver.--This section may be waived or
suspended only by the affirmative vote of three-fifths
of the Members, duly chosen and sworn.
(2) Appeal.--An affirmative vote of three-fifths of
the Members, duly chosen and sworn, shall be required
to sustain an appeal of the ruling of the Chair on a
point of order raised under this section.
(d) Determinations of Budget Levels.--For purposes of this
section, the levels of net deficit increases shall be
determined on the basis of estimates provided by the Senate
Committee on the Budget.
(e) Sunset.--This section shall expire on September 30,
2017.
(f) Repeal.--In the Senate, subsections (a) through (d) and
subsection (f) of section 203 of S. Con. Res. 21 (110th
Congress) shall no longer apply.
SEC. 312. DISCRETIONARY SPENDING LIMITS, PROGRAM INITIATIVES, AND OTHER
ADJUSTMENTS.
[Omitted]
SEC. 313. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.
[Omitted]
SEC. 314. SENATE POINT OF ORDER AGAINST PROVISIONS OF APPROPRIATIONS
LEGISLATION THAT CONSTITUTE CHANGES IN MANDATORY
PROGRAMS WITH NET COSTS.
(a) In General.--In the Senate, it shall not be in order to
consider any appropriations legislation, including any
amendment thereto, motion in relation thereto, or conference
report thereon, that includes any provision which constitutes a
change in a mandatory program producing net costs, as defined
in subsection (b), that would have been estimated as affecting
direct spending or receipts under section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 (as in effect
prior to September 30, 2002) were they included in legislation
other than appropriations legislation. A point of order
pursuant to this section shall be raised against such provision
or provisions as described in subsections (e) and (f).
(b) Changes in Mandatory Programs Producing Net Costs.--A
provision or provisions shall be subject to a point of order
pursuant to this section if--
(1) the provision would increase budget authority
in at least 1 of the 9 fiscal years that follow the
budget year and over the period of the total of the
budget year and the 9 fiscal years following the budget
year;
(2) the provision would increase net outlays over
the period of the total of the 9 fiscal years following
the budget year; and
(3) the sum total of all changes in mandatory
programs in the legislation would increase net outlays
as measured over the period of the total of the 9
fiscal years following the budget year.
(c) Determination.--The determination of whether a
provision is subject to a point of order pursuant to this
section shall be made by the Committee on the Budget of the
Senate.
(d) Supermajority Waiver and Appeal.--This section may be
waived or suspended in the Senate only by an affirmative vote
of three-fifths of the Members, duly chosen and sworn. An
affirmative vote of three-fifths of the Members of the Senate,
duly chosen and sworn, shall be required to sustain an appeal
of the ruling of the Chair on a point of order raised under
this section.
(e) General Point of Order.--It shall be in order for a
Senator to raise a single point of order that several
provisions of a bill, resolution, amendment, motion, or
conference report violate this section. The Presiding Officer
may sustain the point of order as to some or all of the
provisions against which the Senator raised the point of order.
If the Presiding Officer so sustains the point of order as to
some of the provisions (including provisions of an amendment,
motion, or conference report) against which the Senator raised
the point of order, then only those provisions (including
provision of an amendment, motion, or conference report)
against which the Presiding Officer sustains the point of order
shall be deemed stricken pursuant to this section. Before the
Presiding Officer rules on such a point of order, any Senator
may move to waive such a point of order as it applies to some
or all of the provisions against which the point of order was
raised. Such a motion to waive is amendable in accordance with
rules and precedents of the Senate. After the Presiding Officer
rules on such a point of order, any Senator may appeal the
ruling of the Presiding Officer on such a point of order as it
applies to some or all of the provisions on which the Presiding
Officer ruled.
(f) Form of the Point of Order.--When the Senate is
considering a conference report on, or an amendment between the
Houses in relation to, a bill, upon a point of order being made
by any Senator pursuant to this section, and such point of
order being sustained, such material contained in such
conference report or amendment shall be deemed stricken, and
the Senate shall proceed to consider the question of whether
the Senate shall recede from its amendment and concur with a
further amendment, or concur in the House amendment with a
further amendment, as the case may be, which further amendment
shall consist of only that portion of the conference report or
House amendment, as the case may be, not so stricken. Any such
motion shall be debatable. In any case in which such point of
order is sustained against a conference report (or Senate
amendment derived from such conference report by operation of
this subsection), no further amendment shall be in order.
(g) Effectiveness.--This section shall not apply to any
provision constituting a change in a mandatory program in
appropriations legislation if such provision has been enacted
in each of the 3 fiscal years prior to the budget year.
(h) Inapplicability.--In the Senate, section 209 of S. Con.
Res. 21 (110th Congress) shall no longer apply.
S. CON. RES. 13, 111TH CONGRESS
* * * * * * *
Title IV--Budget Process
Subtitle A--Senate Provisions
part i--budget enforcement
SEC. 401. DISCRETIONARY SPENDING LIMITS, PROGRAM INTEGRITY INITIATIVES,
AND OTHER ADJUSTMENTS.
[Omitted]
SEC. 402. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.
[Omitted]
SEC. 403. EMERGENCY LEGISLATION.\97\
(a) Authority to Designate.--In the Senate, with respect to
a provision of direct spending or receipts legislation or
appropriations for discretionary accounts that Congress
designates as an emergency requirement in such measure, the
amounts of new budget authority, outlays, and receipts in all
fiscal years resulting from that provision shall be treated as
an emergency requirement for the purpose of this section.
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\97\ This emergency designation does apply to spending as
established by the limits set forth in the Budget Control Act of 2011--
which amended the Balanced Budget and Emergency Control Act of 1985.
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(b) Exemption of Emergency Provisions.--Any new budget
authority, outlays, and receipts resulting from any provision
designated as an emergency requirement, pursuant to this
section, in any bill, joint resolution, amendment, or
conference report shall not count for purposes of sections 302
and 311 of the Congressional Budget Act of 1974, section 201 of
S. Con. Res. 21 (110th Congress) (relating to pay-as-you-go),
section 311 of S. Con. Res. 70 (110th Congress) (relating to
long-term deficits), and sections 401 and 404 of this
resolution (relating to discretionary spending and shortterm
deficits). Designated emergency provisions shall not count for
the purpose of revising allocations, aggregates, or other
levels pursuant to procedures established under section
301(b)(7) of the Congressional Budget Act of 1974 for deficit-
neutral reserve funds and revising discretionary spending
limits set pursuant to section 301 of this resolution.
(c) Designations.--If a provision of legislation is
designated as an emergency requirement under this section, the
committee report and any statement of managers accompanying
that legislation shall include an explanation of the manner in
which the provision meets the criteria in subsection (f).
(d) Definitions.--In this section, the terms ``direct
spending'', ``receipts'', and ``appropriations for
discretionary accounts'' mean any provision of a bill, joint
resolution, amendment, motion, or conference report that
affects direct spending, receipts, or appropriations
as those terms have been defined and interpreted for
purposes of the Balanced Budget and Emergency Deficit Control
Act of 1985.
(e) Point of Order.--
(1) In General.--When the Senate is considering a
bill, resolution, amendment, motion, or conference
report, if a point of order is made by a Senator
against an emergency designation in that measure, that
provision making such a designation shall be stricken
from the measure and may not be offered as an amendment
from the floor.
(2) Supermajority Waiver and Appeals.--
(A) Waiver.--Paragraph (1) may be waived or
suspended in the Senate only by an affirmative
vote of threefifths of the Members, duly chosen
and sworn.
(B) Appeals.--Appeals in the Senate from
the decisions of the Chair relating to any
provision of this subsection shall be limited
to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of
the bill or joint resolution, as the case may
be. An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn,
shall be required to sustain an appeal S. Con.
Res. 13-33 of the ruling of the Chair on a
point of order raised under this subsection.
(3) Definition of an Emergency Designation.--For
purposes of paragraph (1), a provision shall be
considered an emergency designation if it designates
any item as an emergency requirement pursuant to this
subsection.
(4) Form of the Point of Order.--A point of order
under paragraph (1) may be raised by a Senator as
provided in section 313(e) of the Congressional Budget
Act of 1974.
(5) Conference Reports.--When the Senate is
considering a conference report on, or an amendment
between the Houses in relation to, a bill, upon a point
of order being made by any Senator pursuant to this
section, and such point of order being sustained, such
material contained in such conference report shall be
deemed stricken, and the Senate shall proceed to
consider the question of whether the Senate shall
recede from its amendment and concur with a further
amendment, or concur in the House amendment with a
further amendment, as the case may be, which further
amendment shall consist of only that portion of the
conference report or House amendment, as the case may
be, not so stricken. Any such motion in the Senate
shall be debatable. In any case in which such point of
order is sustained against a conference report (or
Senate amendment derived from such conference report by
operation of this subsection), no further amendment
shall be in order.
(f) Criteria.--
(1) In General.--For purposes of this section, any
provision is an emergency requirement if the situation
addressed by such provision is--
(A) necessary, essential, or vital (not
merely useful or beneficial);
(B) sudden, quickly coming into being, and
not building up over time;
(C) an urgent, pressing, and compelling
need requiring immediate action;
(D) subject to paragraph (2), unforeseen,
unpredictable, and unanticipated; and
(E) not permanent, temporary in nature.
(2) Unforeseen.--An emergency that is part of an
aggregate level of anticipated emergencies,
particularly when normally estimated in advance, is not
unforeseen.
(g) Inapplicability.--In the Senate, section 204(a) of S.
Con. Res. 21 (110th Congress), the concurrent resolution on the
budget for fiscal year 2008, shall no longer apply.
SEC. 404. POINT OF ORDER AGAINST LEGISLATION INCREASING SHORT-TERM
DEFICIT.
(a) Point of Order.--It shall not be in order in the Senate
to consider any bill, joint resolution, amendment, motion, or
conference report (except measures within the jurisdiction of
the Committee on Appropriations) that would cause a net
increase in the deficit in excess of $10,000,000,000 in any
fiscal year provided for in the most recently adopted
concurrent resolution on the budget unless it is fully offset
over the period of all fiscal years provided for in the most
recently adopted concurrent resolution on the budget.
(b) Supermajority Waiver and Appeal in the Senate.--S. Con.
Res. 13-34--
(1) Waiver.--This section may be waived or
suspended only by the affirmative vote of three-fifths
of the Members, duly chosen and sworn.
(2) Appeal.--An affirmative vote of three-fifths of
the Members, duly chosen and sworn, shall be required
to sustain an appeal of the ruling of the Chair on a
point of order raised under this section.
(c) Limitation.--The provisions of this section shall not
apply to any bills, joint resolutions, amendments, motions, or
conference reports for which the chairman of the Senate
Committee on the Budget has made adjustments to the
allocations, levels or limits contained in this resolution
pursuant to Section 301(a) of this resolution.
(d) Determinations of Budget Levels.--For purposes of this
section, the levels shall be determined on the basis of
estimates provided by the Senate Committee on the Budget.
(e) Sunset.--This section shall expire on September 30,
2018.
(f) Inapplicability.--In the Senate, section 315 of S. Con.
Res. 70 (110th Congress), the concurrent resolution in the
budget for fiscal year 2009, shall no longer apply.
SEC. 405. POINT OF ORDER AGAINST CERTAIN LEGISLATION RELATED TO SURFACE
TRANSPORTATION FUNDING.
(a) Point of Order.--It shall not be in order in the Senate
to consider any bill, joint resolution, amendment, motion, or
conference report that extends the authority or reauthorizes
surface transportation programs that appropriates budget
authority from sources other than the Highway Trust Fund,
including the Mass Transit Account of such fund.
(b) Supermajority Waiver and Appeals in the Senate.--
(1) Waiver.--This section may be waived or
suspended only by an affirmative vote of three-fifths
of the Members, duly chosen and sworn.
(2) Appeals.--An affirmative vote of three-fifths
of the Members of the Senate, duly chosen and sworn,
shall be required to sustain an appeal of the ruling of
the Chair on a point of order raised under this
section.
(c) Sunset.--This section shall expire on September 30,
2018.
SEC. 411. OVERSIGHT OF GOVERNMENT PERFORMANCE.
In the Senate, all committees are directed to review
programs within their jurisdiction to root out waste, fraud,
and abuse in program spending, giving particular scrutiny to
issues raised by Government Accountability Office reports.
Based on these oversight efforts and committee performance
reviews of programs within their jurisdiction, committees are
directed to include recommendations for improved governmental
performance in their annual views and estimates reports
required under section 301(d) of the Congressional Budget Act
of 1974 to the Senate Committee on the Budget.
SEC. 412. BUDGETARY TREATMENT OF CERTAIN DISCRETIONARY ADMINISTRATIVE
EXPENSES.
In the Senate, notwithstanding section 302(a)(1) of the
Congressional Budget Act of 1974, section 13301 of the Budget
Enforcement Act of 1990, and section 2009a of title 39, United
States Code, the joint explanatory statement accompanying the
conference report S. Con. Res. 13--35 on any concurrent
resolution on the budget shall include in its allocations under
section 302(a) of the Congressional Budget Act of 1974 to the
Senate Committee on Appropriation amounts for the discretionary
administrative expenses of the Social Security Administration
and of the Postal Service.
SEC. 413. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS AND
AGGREGATES.
(a) Application.--In the Senate, any adjustments of
allocations and aggregates made pursuant to this resolution
shall--
(1) apply while that measure is under
consideration;
(2) take effect upon the enactment of that measure;
and
(3) be published in the Congressional Record as
soon as practicable.
(b) Effect of Changed Allocations and Aggregates.--
Revised allocations and aggregates resulting from these
adjustments shall be considered for the purposes of the
Congressional Budget Act of 1974 as allocations and aggregates
contained in this resolution.
(c) Budget Committee Determinations.--For purposes of this
resolution the levels of new budget authority, outlays, direct
spending, new entitlement authority, revenues, deficits, and
surpluses for a fiscal year or period of fiscal years shall be
determined on the basis of estimates made by the Senate
Committee on the Budget.
(d) Adjustments.--The chairman of the Senate Committee on
the Budget may adjust the aggregates, allocations, and other
levels and limits in this resolution for legislation which has
received final Congressional approval in the same form by the
House of Representatives and the Senate, but has yet to be
presented to or signed by the President at the time of final
consideration of this resolution.
SEC. 414. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND DEFINITIONS.
Upon the enactment of a bill or joint resolution providing
for a change in concepts or definitions, the chairman of the
Senate Committee on the Budget may make adjustments to the
levels and allocations in this resolution in accordance with
section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (as in effect prior to September 30, 2002).
SEC. 415. EXERCISE OF RULEMAKING POWERS.
The Senate adopts the provisions of this subtitle--
(1) as an exercise of the rulemaking power of the
Senate, and as such they shall be considered as part of
the rules of the Senate and such rules shall supersede
other rules only to the extent that they are
inconsistent with such other rules; and
(2) with full recognition of the constitutional
right of the Senate to change those rules at any time,
in the same manner, and to the same extent as is the
case of any other rule of the Senate.
BUDGET CONTROL ACT OF 2011 (Public Law 112-25)\98\
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\98\ The Budget Control Act of 2011 in its entirety may be found in
the compilation beginning on page 169.
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* * * * * * *
SEC. 106. SENATE BUDGET ENFORCEMENT.
(a) In General.--
(1) For the purpose of enforcing the Congressional
Budget Act of 1974 through April 15, 2012, including
section 300 of that Act, and enforcing budgetary points
of order in prior concurrent resolutions on the budget,
the allocations, aggregates, and levels set in
subsection (b)(1) shall apply in the Senate in the same
manner as for a concurrent resolution on the budget for
fiscal year 2012 with appropriate budgetary levels for
fiscal years 2011 and 2013 through 2021.
(2) For the purpose of enforcing the Congressional
Budget Act of 1974 after April 15, 2012, including
section 300 of that Act, and enforcing budgetary points
of order in prior concurrent resolutions on the budget,
the allocations, aggregates, and levels set in
subsection (b)(2) shall apply in the Senate in the same
manner as for a concurrent resolution on the budget for
fiscal year 2013 with appropriate budgetary levels for
fiscal years 2012 and 2014 through 2022.
(b) committee Allocations, Aggregates, and Levels.--
(1) As soon as practicable after the date of
enactment of this section, the Chairman of the
Committee on the Budget shall file--
(A) for the Committee on Appropriations,
committee allocations for fiscal years 2011 and
2012 consistent with the discretionary spending
limits set forth in this Act for the purpose of
enforcing section 302 of the Congressional
Budget Act of 1974;
(B) for all committees other than the
Committee on Appropriations, committee
allocations for fiscal years 2011, 2012, 2012
through 2016, and 2012 through 2021 consistent
with the Congressional Budget Office's March
2011 baseline adjusted to account for the
budgetary effects of this Act and legislation
enacted prior to this Act but not included in
the Congressional Budget Office's March 2011
baseline, for the purpose of enforcing section
302 of the Congressional Budget Act of 1974;
(C) aggregate spending levels for fiscal
years 2011 and 2012 and aggregate revenue
levels for fiscal years 2011, 2012, 2012
through 2016, 2012 through 2021 consistent with
the Congressional Budget Office's March 2011
baseline adjusted to account for the budgetary
effects of this Act and legislation enacted
prior to this Act but not included in the
Congressional Budget Office's March 2011
baseline, and the discretionary spending limits
set forth in this Act for the purpose of
enforcing section 311 of the Congressional
Budget Act of 1974; and
(D) levels of Social Security revenues and
outlays for fiscal years 2011, 2012, 2012
through 2016, and 2012 through 2021 consistent
with the Congressional Budget Office's March
2011 base line adjusted to account for the
budgetary effects of this Act and legislation
enacted prior to this Act but not included in
the Congressional Budget Office's March 2011
baseline, for the purpose of enforcing sections
302 and 311 of the Congressional Budget Act of
1974.
(2) Not later than April 15, 2012, the Chairman 12
of the Committee on the Budget shall file--
(A) for the Committee on Appropriations,
committee allocations for fiscal years 2012 and
2013 consistent with the discretionary spending
limits set forth in this Act for the purpose of
enforcing section 302 of the Congressional
Budget Act of 1974;
(B) for all committees other than the
Committee on Appropriations, committee
allocations for fiscal years 2012, 2013, 2013
through 2017, and 2013 through 2022 consistent
with the Congressional Budget Office's March
2012 baseline for the purpose of enforcing
section 302 of the Congressional Budget Act of
1974;
(C) aggregate spending levels for fiscal
years 2012 and 2013 and aggregate revenue
levels for fiscal years 2012, 2013, 2013--2017,
and 2013--2022 consistent with the
Congressional Budget Office's March 2012
baseline and the discretionary spending limits
set forth in this Act for the purpose of
enforcing section 311 of the Congressional
Budget Act of 1974; and
(D) levels of Social Security revenues and
outlays for fiscal years 2012 and 2013, 2013--
2017, and 2013--2022 consistent with the
Congressional Budget Office's March 2012
baseline budget for the purpose of enforcing
sections 302 and 311 of the Congressional
Budget Act of 1974.
(c) Senate Pay-As-You-Go Scorecard.--
(1) Effective on the date of enactment of this
section, for the purpose of enforcing section 201 of S.
Con. Res. 21 (110th Congress), the Chairman of the
Senate Committee on the Budget shall reduce any
balances of direct spending and revenues for any fiscal
year to 0 (zero).
(2) Not later than April 15, 2012, for the purpose
of enforcing section 201 of S. Con. Res. 21 (110th
Congress), the Chairman of the Senate Committee on the
Budget shall reduce any balances of direct spending and
revenues for any fiscal year to 0 (zero).
(3) Upon resetting the Senate paygo scorecard
pursuant to paragraph (2), the Chairman shall publish a
notification of such action in the Congressional
Record.
(d) Further Adjustments.--
(1) The Chairman of the Committee on the Budget of
the Senate may revise any allocations, aggregates, or
levels set pursuant to this section to account for any
subsequent adjustments to discretionary spending limits
made pursuant to this Act.
(2) With respect to any allocations, aggregates, or
levels set or adjustments made pursuant to this
section, sections 412 through 414 of S. Con. Res. 13
(111th Congress) shall remain in effect.
(e) Expiration.--
(1) Subsections (a)(1), (b)(1), and (c)(1) shall
expire if a concurrent resolution on the budget for
fiscal year 2012 is agreed to by the Senate and House
of Representatives pursuant to section 301 of the
Congressional Budget Act of 1974.
(2) Subsections (a)(2), (b)(2), and (c)(2) shall
expire if a concurrent resolution on the budget for
fiscal year 2013 is agreed to by the Senate and House
of Representatives pursuant to section 301 of the
Congressional Budget Act of 1974.
======================================================================
JURISDICTION OF THE COMMITTEE ON THE BUDGET
OF THE HOUSE OF REPRESENTATIVES
======================================================================
JURISDICTION OF HOUSE BUDGET COMMITTEE \99\
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\99\ In addition to clauses 1(e), 3(b), and 4(b) of Rule X of the
Rules of the House of Representatives, the referral of legislation
affecting the budget process is discussed in the Memorandum of
Understanding as set forth on page H45 of the Congressional Record on
January 4, 1995, and in a statement by Majority Leader Richard Armey on
page E6 of the Congressional Record on January 5, 1995.
RULE X
Organization of Committees.
Committees and their legislative jurisdictions
1. There shall be in the House the following standing
committees, each of which shall have the jurisdiction and
related functions assigned by this clause and clauses 2, 3, and
4. All bills, resolutions, and other matters relating to
subjects within the jurisdiction of the standing committees
listed in this clause shall be referred to those committees, in
accordance with clause 2 of rule XII, as follows:
* * * * * * *
(e) Committee on the Budget.
(1) Concurrent resolutions on the budget (as
defined in section 3(4) of the Congressional Budget Act
of 1974), other matters required to be referred to the
committee under titles III and IV of that Act, and
other measures setting forth appropriate levels of
budget totals for the United States Government.
(2) Budget process generally.
(3) Establishment, extension, and enforcement of
special controls over the Federal budget, including the
budgetary treatment of off-budget Federal agencies and
measures providing exemption from reduction under any
order issued under part C of the Balanced Budget and
Emergency Deficit Control Act of 1985.
* * * * * * *
Special oversight functions
3. (a) * * *
(b) The Committee on the Budget shall study on a continuing
basis the effect on budget outlays of relevant existing and
proposed legislation and report the results of such studies to
the House on a recurring basis.
* * * * * * *
Additional functions of committees
4. (a) * * *
(b) The Committee on the Budget shall--
(1) review on a continuing basis the conduct by the
Congressional Budget Office of its functions and
duties;
(2) hold hearings and receive testimony from
Members, Senators, Delegates, the Resident
Commissioner, and such appropriate representatives of
Federal departments and agencies, the general public,
and national organizations as it considers desirable in
developing concurrent resolutions on the budget for
each fiscal year;
(3) make all reports required of it by the
Congressional Budget Act of 1974;
(4) study on a continuing basis those provisions of
law that exempt Federal agencies or any of their
activities or outlays from inclusion in the Budget of
the United States Government, and report to the House
from time to time its recommendations for terminating
or modifying such provisions;
(5) study on a continuing basis proposals designed
to improve and facilitate the congressional budget
process, and report to the House from time to time the
results of such studies, together with its
recommendations; and
(6) request and evaluate continuing studies of tax
expenditures, devise methods of coordinating tax
expenditures, policies, and programs with direct budget
outlays, and report the results of such studies to the
House on a recurring basis.
* * * * * * *
jurisdiction: in general
Prior to the 104th Congress, the Budget Committee did not
have jurisdiction over legislation other than budget
resolutions and reconciliation bills. Substantive jurisdiction
was formally lodged with the Committees on Rules and Government
Oversight and Reform, although the Budget Committee was
unofficially responsible for drafting the original Balanced
Budget and Emergency Deficit Control Act of 1985 and amendments
to both that Act and the Congressional Budget Act of 1974.
With the adoption of the Rules of the House of
Representatives for the 104th Congress (H. Res. 6) on January
5, 1995, the Budget Committee achieved for the first time
legislative jurisdiction over major elements of the
congressional budget process and various statutory controls
over the Federal budget. The pertinent sections of clause 1(d)
read as follows:
(2) * * * other measures setting forth appropriate
levels of budget totals for the United States
Government.
(3) Measures relating to the congressional budget
process, generally.
(4) Measures relating to the establishment,
extension, and enforcement of special controls over the
Federal budget, including the budgetary treatment of
off-budget Federal agencies and measures providing
exemption form reduction under any order issued under
part C of the Balanced Budget and Emergency Deficit
Control Act of 1985.
The addition to (d)(2) was intended to ensure that the
Budget Committee have substantive jurisdiction over any
statement providing for a balanced budget required under the
proposed amendment to the U.S. Constitution amendment. The
proposed amendment, which passed the House but failed to
achieve the necessary margin in the Senate, envisioned a
legislative vehicle other than the concurrent budget resolution
which would be presented to the President.
The intent of paragraph (d)(3) was discussed in a
memorandum of understanding between Mr. Kasich and Mr. Solomon,
the chairman of the Committee on Rules. The memorandum states
that the Budget Committee would have primary jurisdiction over
budget terminology and the discretionary spending limits. The
memorandum provided that the Budget Committee was to have
secondary jurisdiction over such other elements of the
congressional budget process. Essentially, the Budget Committee
has primary jurisdiction over both budgetary levels and
budgetary concepts and secondary jurisdiction over purely
procedural aspects of the congressional budget process.
The scope of the jurisdiction of the Committee on the
Budget was elucidated in an agreement between Representative
John Kasich, Chairman of the Committee on the Budget, and
Representative William Clinger, the Chairman of the Committee
on Government Reform and Oversight (now named the Committee on
Oversight and Government Reform), and was inserted into the
Congressional Record by Majority Leader Richard Armey. The
agreement stipulated that the Budget Committee would have
jurisdiction over the establishment, extension, and enforcement
of mandatory and discretionary spending limits, PAYGO
requirements, and other special budgetary mechanisms to control
spending, the deficit, or the Federal budgets.
Furthermore, jurisdiction over the sequestration process
would migrate from the Government Reform and Oversight
Committee to the Budget Committee. The agreement also
recognized that the Government Reform and Oversight Committee
would retain, for the duration of the 104th Congress,
jurisdiction over certain budget process already in the
legislative pipeline, most notably rescission authority,
performance budgeting, regulatory budgets, and capital
budgeting.
In addition to its legislative duties, the Budget Committee
has responsibilities for oversight and studies. These
responsibilities include oversight of the Congressional Budget
Office; study of the outlay effects of existing and proposed
legislation; study of off-budget entities; study of tax
expenditures; and study of proposals to improve and facilitate
the congressional budget process.
debate on h. res. 6, rules package for the 104th congress
congressional record--house
[page: h45--january 4, 1995]
Mr. Armey. Mr. Speaker, this agreement addresses the intent
of the Chairman of the Committee on the Budget and the Chairman
of the Committee on Government Reform and Oversight concerning
the jurisdiction of each committee over the congressional
budget process. It is not intended to address jurisdictional
issues involving the budget process between the Committee on
the Budget and the Committee on Rules.
Clause (1)(d)(2) of rule X, relating to all concurrent
resolutions on the budget and other measures setting forth
budget totals for the United States, affords the Budget
Committee legislative jurisdiction over the establishment and
adoption of the congressional budget resolution, whether joint
or concurrent. This extends to any statement setting forth a
balanced budget as required by an amendment to the United
States Constitution, or a capital budget or joint/capital
operating budget, if mandated.
Clause (1)(d)(3) of rule X affirms the Budget Committee's
primary jurisdiction over budget terminology and secondary
jurisdiction over other elements of the congressional budget
process, such as those currently provided for in the
Congressional Budget Act. This includes: The budget resolution,
timetable and accompanying report language; committee
allocations; and the reconciliation process. This paragraph is
not, however, intended to provide the Budget Committee with
jurisdiction over the following: process changes in Federal
rescission or impoundment authority; process changes in the
submission of agency performance plans or reports, or agency
regulatory plans, reports or reviews as part of the budget
process; or process changes leading to the required adoption of
a Federal capital budget or joint capital/operating budget
which accounts for the fixed assets of the United States
Government. In addition, this paragraph is not intended to
provide the Budget Committee with jurisdiction over special
funds, accounts or spending set asides created to reduce the
deficit.
Clause (1)(d)(4) of rule X is intended to provide the
Budget Committee with jurisdiction over measures to control
spending, the deficit, or the Federal budget. The Budget
Committee's jurisdiction will include the establishment,
extension and enforcement of mandatory and discretionary
spending limits; Pay-As-You-Go requirements for legislation
that increases the deficit; and special budgetary mechanisms to
control spending, the deficit or the Federal budget. The Budget
Committee will have jurisdiction over Federal sequestrations,
including sequestration rules, special rules and exemptions.
The Budget Committee is intended to have jurisdiction over the
selection of programs subject to spending controls, the
determination of the numerical level of those controls, and the
enforcement of the controls.
Clause (1)(g)(4) of rule X is intended to retain the
Committee on Government Reform and Oversight's legislative
jurisdiction over: measures relating to process changes in
Federal rescission or impoundment authority; measures relating
to Executive agency budgeting, including the submission of
agency performance reports or plans, or agency regulatory
plans, reports or reviews as part of the Federal budget
process; measures relating to Executive agency financial
management; and process changes leading to the required
adoption of a Federal capital budget or joint capital/operating
budget which accounts for the fixed assets of the United States
Government. In addition, the Committee on Government Reform and
Oversight retains jurisdiction over special funds, accounts and
spending set asides created to reduce the deficit.
memorandum of understanding
Committee on the Budget and the Committee on Rules
Hon. John R. Kasich
(extension of remarks)
[page: e36]
Wednesday, January 4, 1995
Mr. Kasich. Mr. Speaker, I rise in support of the Rules
package and wish to take this opportunity to thank my
colleagues on the Committee on Rules and the Committee on
Oversight and Reform for their cooperation in providing the
Committee on the Budget legislative jurisdiction in the area of
the budget process reform. I submit today the following
Memorandum of Understanding between the distinguished chairman
of the Committee on Rules, Gerald B.H. Solomon, and I on the
intent of subparagraph (1)(d)(3) as it pertains to the
Committee on Rules and the Committee on the Budget. The
distinguished chairman of the Committee on Government Reform,
and Oversight, William F. Clinger, shall submit a similar
Memorandum of Understanding on budget process reform as it
pertains to the Committee on Government Reform and Oversight
and the Committee on the Budget.
House of Representatives,
Washington, DC.
This statement addresses the intent of subparagraph
(1)(d)(3) as it pertains to the Committee on the Budget and the
Committee on Rules.
Subparagraph (1)(d)(3) relating to the Congressional Budget
process is intended to provide the Committee on the Budget
primary jurisdiction over budgetary terminology and the
discretionary spending limits that are set forth in the
Congressional Budget Act. It is also understood that the
Committee on the Budget shall have secondary jurisdiction over
the other elements of the Congressional budget process that are
under the primary jurisdiction of the Committee on Rules. Such
jurisdiction shall include the budget timetable, the budget
resolution and its report, committee allocations, the
reconciliation process, and related enforcement procedures. It
is understood that the Committee on Rules will remain the
Committee of primary jurisdiction over all aspects of the
Congressional budget process that are within the joint rule-
making authority of Congress except for budgetary terminology
and the discretionary spending limits.
Gerald B.H. Solomon, Chairman,
Committee on Rules.
John R. Kasich, Chairman,
Committee on the Budget.
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JURISDICTION OF THE COMMITTEE ON THE BUDGET
OF THE UNITED STATES SENATE
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JURISDICTION OF SENATE BUDGET COMMITTEE
The jurisdiction of the Committee on the Budget of the
Senate is established under congressional rules, a long-
standing unanimous consent agreement, and S.Res.445 (108th
Congress).
S. RES. 445 \100\
SEC. 101. (A) * * *
(d) Jurisdiction of Budget Committee--Notwithstanding
paragraph (b)(3) of this section, and except as otherwise
provided in the Congressional Budget Act of 1974, the Committee
on the Budget shall have exclusive jurisdiction over measures
affecting the congressional budget process, which are--
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\100\ Sections 101(d) and (e) of S. Res. 445 (108th Congress)
superseded the Unanimous Consent Agreement of August 4, 1977, regarding
legislation affecting the budget process.
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(1) the functions, duties, and powers of the Budget
Committee;
(2) the functions, duties, and powers of the
Congressional Budget Office;
(3) the process by which Congress annually
establishes the appropriate levels of budget authority,
outlays, revenues, deficits or surpluses, and public
debt--including subdivisions thereof--and including the
establishment of mandatory ceilings on spending and
appropriations, a floor on revenues, timetables for
congressional action on concurrent resolutions, on the
reporting of authorization bills, and on the enactment
of appropriation bills, and enforcement mechanisms for
budgetary limits and timetables;
(4) the limiting of backdoor spending devices;
(5) the timetables for Presidential submission of
appropriations and authorization requests;
(6) the definitions of what constitutes
impoundment--such as `rescissions' and deferrals';
(7) the process and determination by which
impoundments must be reported to and considered by
Congress;
(8) the mechanisms to insure Executive compliance
with the provisions of the Impoundment Control Act,
title X--such as GAO review and lawsuits; and
(9) the provisions which affect the content or
determination of amounts included in or excluded from
the congressional budget or the calculation of such
amounts, including the definition of terms provided by
the Budget Act.
(e) OMB Nominees--The Committee on the Budget and the
Committee on Homeland Security and Governmental Affairs shall
have joint jurisdiction over the nominations of persons
nominated by the President to fill the positions of Director
and Deputy Director for Budget within the Office of Management
and Budget, and if one committee votes to order reported such a
nomination, the other must report within 30 calendar days
session, or be automatically discharged.
RULE XXV
STANDING COMMITTEES
1. The following standing committees shall be appointed at
the commencement of each Congress, and shall continue and have
the power to act until their successors are appointed, with
leave to report by bill or otherwise on matters within their
respective jurisdictions:
(a) * * *
* * * * * * *
(e)(1) Committee on the Budget, to which committee shall be
referred all concurrent resolutions on the budget (as defined
in section 3(a)(4) of the Congressional Budget Act of 1974) and
all other matters required to be referred to that committee
under titles III and IV of that Act, and messages, petitions,
memorials, and other matters relating thereto.
(2) Such committee shall have the duty--
(A) to report the matters required to be
reported by it under titles III and IV of the
Congressional Budget Act of 1974;
(B) to make continuing studies of the
effect on budget outlays of relevant existing
and proposed legislation and to report the
results of such studies to the Senate on a
recurring basis;
(C) to request and evaluate continuing
studies of tax expenditures, to devise methods
of coordinating tax expenditures, policies, and
programs with direct budget outlays, and to
report the results of such studies to the
Senate on a recurring basis; and
(D) to review, on a continuing basis, the
conduct by the Congressional Budget Office of
its functions and duties.
* * * * * * *
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UNANIMOUS CONSENT AGREEMENT OF
JANUARY 30, 1975
(as modified on April 11, 1986) with respect to Rescissions and
Deferrals (which had the effect of adopting the language of Senate
Resolution 45 which is set forth below):
Resolved,
1. That messages received pursuant to title X of the
Congressional Budget and Impoundment Control Act be referred
concurrently to the Appropriations Committee, to the Budget
Committee, and to any other appropriate authorizing committee.
2. That bills, resolutions and joint resolutions introduced
with respect to rescissions and deferrals shall be refered to
the Appropriations Committee, and Budget Committee, and pending
implementations of section 401 of the Congressional Budget and
Impoundment Control Act and subject to section 401(d), to any
other committee exercising jurisdiction over contract and
borrowing authority programs as defined by section 401(c)(2)(A)
and (B). The Budget Committee and such other committees shall
report their views, if any, to the Appropriations Committee
within 20 days following referral of such messages, bills,
resolutions, or joint resolutions. The Budget Committee's
consideration shall extend only to macroeconomic implications,
impact on priorities and aggregate spending levels, and the
legality of the President's use of the deferral and rescission
mechanism under title X. The Appropriations and authorizing
committees shall exercise their normal responsibilities over
programs and priorities.
3. If any Committee to which a bill or resolution has been
referred recommends its passage, the Appropriations Committee
shall report the bill or resolution together with its views and
reports of the Budget and any appropriate authorizing
committees to the Senate within:
(A) the time remaining under the act in the case of
rescissions, or
(B) within 20 days in the case of deferrals.
4. The 20 day period referred to herein means 20 calendar
days; and for the purposes of computing the 20 days, recesses
or adjournments of the Senate for more than 3 days, to a day
certain shall not be counted; and for recesses and adjournments
of more than 30 calendar days, continuous duration or the sine
die adjournment of a session, the 20 day period shall begin
anew on the day following the reconvening of the Senate.
(Agreed to January 30, 1975 (94th Cong., 1st Sess.), found at page
S1917 of the Congressional Record and as modified on April 11, 1986
(99th Cong., 2d Sess.), found on pages S7918-19 of the Congressional
Record.
__________
UNANIMOUS CONSENT AGREEMENT OF AUGUST 4, 1977
(regarding legislation affecting the budget process
(the text of which is set forth below)):
* * * [t]hat legislation affecting the congressional budget
process, as described below, be referred jointly to the
committees on the Budget and on Governmental Affairs. If one
committee acts to report a jointly referred measure, the other
must act within 30 calendar days of the continuous possession,
or be automatically discharged.
Legislative proposals affecting the congressional budget
process to which this order applies are:
First. The functions duties, and powers of the Budget
Committee--as described in title I of the act;
Second. The functions, duties, and powers of the
Congressional Budget Office--as described in title II and IV of
the act;
Third. The process by which Congress annually establishes
the appropriate levels of budget authority, outlays, revenues,
deficits or surpluses, and public debt--including subdivisions
thereof. That process includes the establishment: mandatory
ceilings on spending and appropriations; a floor on revenues;
timetables for congressional action on concurrent resolutions,
on the reporting on authorization bills, and on the enactment
of appropriation bills; and enforcement mechanisms for the
limits and timetables, all as described in titles III and IV of
the act.
Fourth. The limiting of backdoor spending device--as
described in title IV of the act;
Fifth. The timetables for Presidential submission of
appropriations and authorization requests--as described in
title IV of the act;
Sixth. The definitions of what constitutes impoundment--
such as ``rescissions'' and ``deferrals'' as provided in the
Impoundment Control Act, title X;
Seventh. The process and determination by which
impoundments must be reported to and considered by Congress--as
provided in the Impoundment Control Act, title X;
Eighth. The mechanisms to insure Executive compliance with
the provisions of the Impoundment Control Act, title X--such as
GAO review and lawsuits; and
Ninth. The provisions which affect the content or
determination of amounts included in or excluded from the
congressional budget or the calculation of such amounts,
including the definition of terms provided by the Budget Act--
as set forth in title I thereof.
(Agreed to August 4, 1977 (95th Cong., 1st Sess.), found at pages
S26709-10 of the Congressional Record.
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SCOREKEEPING
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SCOREKEEPING \101\
These budget scorekeeping guidelines are to be used by the
House and Senate Budget Committees, the Congressional Budget
Office, and the Office of Management and Budget (the
``scorekeepers'') in measuring compliance with the
Congressional Budget Act of 1974 (CBA), as amended, and GRH
\102\ as amended, and Statutory Pay-go as amended and the
Budget Control Act of 2011 as amended. The purpose of the
guidelines is to ensure that the scorekeepers measure the
effects of legislation on the deficit consistent with
established scorekeeping conventions and with the specific
requirements in those Acts regarding discretionary spending,
direct spending, and receipts. These rules shall be reviewed
annually by the scorekeepers and revised as necessary to adhere
to the purpose. These rules shall not be changed unless all of
the scorekeepers agree. New accounts or activities shall be
classified only after consultation among the scorekeepers.
Accounts and activities shall not be reclassified unless all of
the scorekeepers agree.
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\101\ These scorekeeping guidelines are set out in the joint
statement of managers that accompanies the Conference Report on the
Balanced Budget Act of 1997 (House Report 105-217--Balanced Budget Act
of 1997).
\102\ ``GRH'' refers to the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177, December 12, 1985, 99 Stat.
1037), also known as the Gramm-Rudman-Hollings Act.
1. Classifications of appropriations
Following the guidelines (pages 1014-1053 of the conference
report) \103\ is a list of appropriations that are normally
enacted in Appropriations Acts. The list identifies
appropriated entitlements and other mandatory spending in
appropriations acts, and it identifies discretionary
appropriations by category.
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\103\ Conference Report on the Balanced Budget Act of 1997 (Public
Law No: 105-33).
2. Outlays prior
Outlays from prior-year appropriations will be classified
consistent with the discretionary mandatory classification of
the account from which the outlays occur.
3. Direct spending programs
Entitlements and other mandatory programs (including
offsetting receipts) will be scored at current law levels as
defined in section 257 of GRH, unless Congressional action
modifies the authorization legislation. Substantive changes to
or restrictions on entitlement law or other mandatory spending
law in appropriations laws will be scored against the
Appropriations Committee section 302(b) allocations in the
House and the Senate. For the purpose of CBA \104\ scoring,
direct spending savings that are included in both an
appropriation bill and a reconciliation bill will be scored to
the reconciliation bill and not to the appropriation bill. For
scoring under sections 251 or 252 of GRH,\105\ such provisions
will be scored to the first bill enacted.
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\104\ CBA refers to the Congressional Budget Act of 1974 (Public
Law 93-344).
\105\ GRH refers to the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177, December 12, 1985, 99 Stat.
1037), also known as the Gramm-Rudman-Hollings Act.
4. Transfer of budget authority from a mandatory account to a
discretionary account
The transfer of budget authority to a discretionary account
will be scored as an increase in discretionary budget authority
and outlays in the gaining account. The losing account will not
show an offsetting reduction if the account is an entitlement
or mandatory.
5. Permissive transfer authority
Permissive transfers will be assumed to occur (in full or
in part) unless sufficient evidence exists to the contrary.
Outlays from such transfers will be estimated based on the best
information available, primarily historical experience and,
where applicable, indications of executive or congressional
intent. This guideline will apply both to specific transfers
(transfers where the gaining and losing accounts and the
amounts subject to transfer can be ascertained) and general
transfer authority.
6. Reappropriations
Reappropriations of expiring balances of budget authority
will be scored as new budget authority in the fiscal year in
which the balances become newly available.
7. Advance appropriations
Advance appropriations of budget authority will be scored
as new budget authority in the fiscal year in which the funds
become newly available for obligation, not when the
appropriations are enacted.
8. Rescissions and transfers of unobligated balances
Rescissions of unobligated balances will be scored as
reductions in current budget authority and outlays in the year
the money is rescinded.
Transfers of unobligated balances will be scored as
reductions in current budget authority and outlays in the
account from which the funds are being transferred, and as
increases in budget authority cand outlays in the account to
which these funds are being transferred.
In certain instances, these transactions will result in a
net negative budget authority amounts in the source accounts.
For purposes of section 257 of GRH, such amounts of budget
authority will be projected at zero. Outlay estimates for both
the transferring and receiving accounts will be based on the
spending patterns appropriate to the respective accounts.
9. Delay of obligations
Appropriation acts specify a date when funds will become
available for obligation. It is this date that determines the
year for which new budget authority is scored. In the absence
of such a date, the act is assumed to be effective upon
enactment.
If a new appropriation provides that a portion of the
budget authority shall not be available for obligation until a
future fiscal year, that portion shall be treated as an advance
appropriation of budget authority. If a law defers existing
budget authority (or unobligated balances) from a year in which
it was available for obligation to a year in which it was not
available for obligation, that law shall be scored as a
rescission in the current year and a reappropriation in the
year in which obligational authority is extended.
10. Contingent legislation
If the authority to obligate is contingent on the enactment
of a subsequent appropriation, new budget authority and outlays
will be scored with the subsequent appropriation. If a
discretionary appropriation is contingent on enactment of a
subsequent authorization, new budget authority and outlays will
be scored with the appropriation. If a discretionary
appropriation is contingent on the fulfillment of some action
by the Executive Branch or some other event normally estimated,
new budget authority will be scored with the appropriation and
outlays will be estimated based on the best information about
when (or if) the contingency will be met. Nonlaw making
contingencies within the control of the Congress are not
scoreable events.
11. Scoring purchases, lease-purchases, capital leases, and
operating leases
When a law provides the authority for an agency to enter
into a contract for the purchase, lease-purchase, or lease of
an asset, budget authority and outlays will be scored as
follows:
For lease-purchases and capital leases, budget authority
will be scored against the legislation in the year in which the
budget authority is first made available in the amount of the
estimated net present value of the government's total estimated
legal obligations over the life of the contract, except for
imputed interest costs calculated at Treasury rates for
marketable debt instruments of similar maturity to the lease
period and identifiable annual operating expenses that would be
paid by the government as owner (such as utilities,
maintenance, and insurance). Property taxes will not be
considered to be an operating cost. Imputed interest costs will
be classified as mandatory and will not be scored against the
legislation or for current level but will count for other
purposes.
For operating leases, budget authority will be scored
against the legislation in the year in which the budget
authority is first made available in the amount necessary to
cover the government's legal obligations. The amount scored
will include the estimated total payments expected to arise
under the full term of a lease contract or, if the contract
will include a cancellation clause, an amount sufficient to
cover the lease payments for the first fiscal year during which
the contract is in effect, plus an amount sufficient to cover
the costs associated with cancellation of the contract.
For funds that are self-insuring under existing authority,
only budget authority to cover the annual lease payment is
required to be scored.
Outlays for lease-purchase in which the Federal government
assumes substantial risk--for example, through an explicit
government guarantee of third party financing--will be spread
across the period during which the contractor constructs,
manufactures, or purchases the asset.
Outlays for an operating lease, a capital lease, or a
lease-purchase in which the private sector retains substantial
risk, will be spread across the lease period. In all cases, the
total amount of outlays scored over time against legislation
will equal the amount of budget authority scored against that
legislation.
No special rules apply to scoring purchases of assets
(whether the asset is exiting or is to be manufactured or
constructed). Budget authority is scored in the year in which
the authority to purchase is first made available in the amount
of the government's estimated legal obligations.
Outlays scored will equal the estimated disbursements by
the government based on the particular purchase arrangement,
and over time will equal the amount of budget authority scored
against that legislation.
Existing contracts will not be rescored.
To distinguish lease purchases and capital leases from
operating leases, the following criteria will be used for
defining an operating lease:
Ownership of the asset remains with the lessor during the
term of the lease and is not transferred to the government at
or shortly after the end of the lease period.
The lease does not contain a bargain-price purchase option.
The lease term does not exceed 75 percent of the estimated
economic lifetime of the asset.
The present value of the minimum lease payments over the
life of the lease does not exceed 90 percent of the fair market
value of the asset at the inception of the lease.
The asset is a general purpose asset rather than being for
a special purpose of the government and is not built to unique
specification for the government as lessee.
There is a private-sector market for the asset.
Risks of ownership of the asset should remain with the
lessor.
Risk is defined in terms of how governmental in nature the
project is. If a project is less governmental in nature, the
private sector risk is considered to be higher. To evaluate the
level of private-sector risk associated with a lease-purchase,
legislation and lease-purchase contracts will be considered
against the following type of illustrative criteria, which
indicate ways in which the project is less governmental:
There should be no provision of government financing and no
explicit government guarantee of third party financing.
Risks of ownership of the asset should remain with the
lessor unless the Government was at fault for such losses.
The asset should be a general purpose asset rather than for
a special purpose of the Government and should not be built to
unique specification for the Government as lessee.
There should be a private-sector market for the asset.
The project should not be constructed on Government land.
Language that attempts to waive the Anti-Deficiency Act, or
to limit the amount or timing of obligations recorded, does not
change the government's obligations or obligational authority,
and so will not affect the scoring of budget authority or
outlays.
Unless language that authorizes a project clearly states
that no obligations are allowed unless budget authority is
provided specifically for that project in an appropriations
bill in advance of the obligation, the legislation will be
interpreted as providing obligation authority, in an amount to
be estimated by the scorekeepers.
12. Write-offs of uncashed checks, unredeemed food stamps, and
similar instruments
Exceptional write-offs of uncashed checks, unredeemed food
stamps, and similar instruments (i.e., cumulative balances that
have built up over several years or have been on the books for
several years) shall be scored as an adjustment to the means of
financing the deficit rather than as an offset. An estimate of
write-offs or similar adjustments that are part of a continuing
routing process shall be netted against outlays in the year in
which the writeoff will occur. Such write-offs shall be
recorded in the account in which the outlay was originally
recorded.
13. Reclassification after an agreement
Except to the extent assumed in a budget agreement, a law
that has the effect of altering the classification of spending
and revenues (e.g., from discretionary to mandatory, special
fund to revolving fund, on-budget to off-budget, revenue to
offsetting receipt), will not be scored as reclassified for the
purpose of enforcing a budget agreement.
14. Scoring of receipt increases or direct spending reductions
for additional administration or program management expenses
No increase in receipts or decrease in direct spending will
be scored as a result of provisions of a law that provides
direct spending for administration or program management
activities.
15. Asset sales
If the net financial cost to the government of an asset
sale is zero or negative (a savings), the amount scored shall
be the estimated change in receipts and mandatory outlays in
each fiscal year on a cost basis.
If the cost to the government is positive (a loss), the
proceeds from the sale shall not be scored for the purposes of
the CBA \106\ or GRH.\107\
---------------------------------------------------------------------------
\106\ Congressional Budget Act of 1974.
\107\ Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99-177, December 12, 1985, 99 Stat. 1037), also known as
the Gramm-Rudman-Hollings Act.
---------------------------------------------------------------------------
The net financial cost to the Federal government of an
asset sale shall be the net present value of the cash flows
from:
(1) estimated proceeds from the asset sale;
(2) the net effect on Federal revenues, if any,
based on special tax treatments specified in the
legislation;
(3) the loss of future offsetting receipts that
would otherwise be collected under continued government
ownership (using baseline levels for the projection
period and estimated levels thereafter); and
(4) changes in future spending, both discretionary
and mandatory, from levels that would otherwise occur
under continued government ownership (using baseline
levels for the projection period and at levels
estimated to be necessary to operate and maintain the
asset thereafter).
The discount rate used to estimate the net present value
shall be the average interest rate on marketable Treasury
securities of similar maturity to the expected remaining useful
life of the asset for which the estimate is being made, plus 2
percentage points to reflect the economic effects of continued
ownership by the Government.
16. Indefinite borrowing authority and limits on outstanding
debt
If legislation imposes or changes a limit on outstanding
debt for an account financed by indefinite budget authority in
the form of borrowing authority, the legislation will be scored
as changing budget authority only if and to the extent the
imposition of a limit or the change in the existing limit
alters the estimated amount of obligations that will be
incurred.
17. Pell Scoring Rule
Pell Scoring Rule: In addition to the scorekeeping rules,
the following rule from S.Con.Res.18 (109th Congress) remains
in effect in the Senate:
SEC. 406. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND DEFINITIONS.
* * * * * * *
(b) Pell Grants.--
(1) Budget Authority.--In the Senate, if
appropriations of discretionary new budget authority
enacted for the Federal Pell Grant Program are
insufficient to cover the full cost of Pell Grants in
the upcoming award year, adjusted for any cumulative
funding surplus or shortfall from prior years, the
budget authority counted against the bill for the Pell
Grant Program shall be equal to the adjusted full cost.
(2) Application.--This subsection shall apply only
to new Pell Grant awards approved in legislation for
award year 2006-2007 and subsequent award years and
shall not apply to the cumulative shortfall through
award year 2005-2006.
(3) Estimates.--The estimate of the budget
authority associated with the full cost of Pell Grants
shall be based on the maximum award and any changes in
eligibility requirements, using current economic and
technical assumptions and as determined pursuant to
scorekeeping guidelines, if any.
======================================================================
APPENDICES
======================================================================
Appendix A
LINE ITEM VETO ACT OF 1996
constitutionality of line item veto
The United States Supreme Court, in Clinton v. City of New
York, U.S. Dist. Col. 1998, 118 S.Ct. 2091, 141 L.Ed.2d 393,
found that the Line Item Veto Act of 1996, Pub.L. 104-130,
April 9, 1996, 110 Stat. 1200, which is part C of title X of
the Congressional Budget and Impoundment Control Act of 1974,
was unconstitutional as a violation of the Presentment Clause
of the United States Constitution (Art. I, Sec. 7, cl. 2).
Part C--Line Item Veto
SEC. 1021. [2 U.S.C. 691] LINE ITEM VETO AUTHORITY.
(a) In General.--Notwithstanding the provisions of parts A
and B, and subject to the provisions of this part, the
President may, with respect to any bill or joint resolution
that has been signed into law pursuant to Article I, section 7,
of the Constitution of the United States, cancel in whole--
(1) any dollar amount of discretionary budget
authority;
(2) any item of new direct spending; or
(3) any limited tax benefit;
if the President--
(A) determines that such cancellation will--
(i) reduce the Federal budget deficit;
(ii) not impair any essential Government
functions; and
(iii) not harm the national interest; and
(B) notifies the Congress of such cancellation by
transmitting a special message, in accordance with
section 1022, within five calendar days (excluding
Sundays) after the enactment of the law providing the
dollar amount of discretionary budget authority, item
of new direct spending, or limited tax benefit that was
canceled.
(b) Identification of Cancellations.--In identifying dollar
amounts of discretionary budget authority, items of new direct
spending, and limited tax benefits for cancellation, the
President shall--
(1) consider the legislative history, construction,
and purposes of the law which contains such dollar
amounts, items, or benefits;
(2) consider any specific sources of information
referenced in such law or, in the absence of specific
sources of information, the best available information;
and
(3) use the definitions contained in section 1026
in applying this part to the specific provisions of
such law.
(c) Exception for Disapproval Bills.--The authority granted
by subsection (a) shall not apply to any dollar amount of
discretionary budget authority, item of new direct spending, or
limited tax benefit contained in any law that is a disapproval
bill as defined in section 1026.
SEC. 1022. [2 U.S.C. 691A] SPECIAL MESSAGES.
(a) In General.--For each law from which a cancellation has
been made under this part, the President shall transmit a
single special message to the Congress.
(b) Contents.--
(1) The special message shall specify--
(A) the dollar amount of discretionary
budget authority, item of new direct spending,
or limited tax benefit which has been canceled,
and provide a corresponding reference number
for each cancellation;
(B) the determinations required under
section 1021(a), together with any supporting
material;
(C) the reasons for the cancellation;
(D) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary
effect of the cancellation;
(E) all facts, circumstances and
considerations relating to or bearing upon the
cancellation, and to the maximum extent
practicable, the estimated effect of the
cancellation upon the objects, purposes and
programs for which the canceled authority was
provided; and
(F) include the adjustments that will be
made pursuant to section 1024 to the
discretionary spending limits under section
251(c) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and an evaluation
of the effects of those adjustments upon the
sequestration procedures of section 251 of the
Balanced Budget and Emergency Deficit Control
Act of 1985.
(2) In the case of a cancellation of any dollar
amount of discretionary budget authority or item of new
direct spending, the special message shall also
include, if applicable--
(A) any account, department, or
establishment of the Government for which such
budget authority was to have been available for
obligation and the specific project or
governmental functions involved;
(B) the specific States and congressional
districts, if any, affected by the
cancellation; and
(C) the total number of cancellations
imposed during the current session of Congress
on States and congressional districts
identified in subparagraph (B).
(c) Transmission of Special Messages to House and Senate.--
(1) The President shall transmit to the Congress
each special message under this part within five
calendar days (excluding Sundays) after enactment of
the law to which the cancellation applies. Each special
message shall be transmitted to the House of
Representatives and the Senate on the same calendar
day. Such special message shall be delivered to the
Clerk of the House of Representatives if the House is
not in session, and to the Secretary of the Senate if
the Senate is not in session.
(2) Any special message transmitted under this part
shall be printed in the first issue of the Federal
Register published after such transmittal.
SEC. 1023. [2 U.S.C. 691B] CANCELLATION EFFECTIVE UNLESS DISAPPROVED.
(a) In General.--The cancellation of any dollar amount of
discretionary budget authority, item of new direct spending, or
limited tax benefit shall take effect upon receipt in the House
of Representatives and the Senate of the special message
notifying the Congress of the cancellation. If a disapproval
bill for such special message is enacted into law, then all
cancellations disapproved in that law shall be null and void
and any such dollar amount of discretionary budget authority,
item of new direct spending, or limited tax benefit shall be
effective as of the original date provided in the law to which
the cancellation applied.
(b) Commensurate Reductions in Discretionary Budget
Authority.--Upon the cancellation of a dollar amount of
discretionary budget authority under subsection (a), the total
appropriation for each relevant account of which that dollar
amount is a part shall be simultaneously reduced by the dollar
amount of that cancellation.
SEC. 1024. [2 U.S.C. 691C] DEFICIT REDUCTION.
(a) In General.--
(1) Discretionary budget authority.--OMB shall, for
each dollar amount of discretionary budget authority
and for each item of new direct spending canceled from
an appropriation law under section 1021(a)--
(A) reflect the reduction that results from
such cancellation in the estimates required by
section 251(a)(7) of the Balanced Budget and
Emergency Deficit Control Act of 1985 in
accordance with that Act, including an estimate
of the reduction of the budget authority and
the reduction in outlays flowing from such
reduction of budget authority for each outyear;
and
(B) include a reduction to the
discretionary spending limits for budget
authority and outlays in accordance with the
Balanced Budget and Emergency Deficit Control
Act of 1985 for each applicable fiscal year set
forth in section 251(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 by
amounts equal to the amounts for each fiscal
year estimated pursuant to subparagraph (A).
(2) Direct spending and limited tax benefits.--(A)
OMB shall, for each item of new direct spending or
limited tax benefit canceled from a law under section
1021(a), estimate the deficit decrease caused by the
cancellation of such item or benefit in that law and
include such estimate as a separate entry in the report
prepared pursuant to section 252(d) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(B) OMB shall not include any change in the deficit
resulting from a cancellation of any item of new direct
spending or limited tax benefit, or the enactment of a
disapproval bill for any such cancellation, under this
part in the estimates and reports required by sections
252(b) and 254 of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(b) Adjustments to Spending Limits.--After ten calendar
days (excluding Sundays) after the expiration of the time
period in section 1025(b)(1) for expedited congressional
consideration of a disapproval bill for a special message
containing a cancellation of discretionary budget authority,
OMB shall make the reduction included in subsection (a)(1)(B)
as part of the next sequester report required by section 254 of
the Balanced Budget and Emergency Deficit Control Act of 1985.
(c) Exception.--Subsection (b) shall not apply to a
cancellation if a disapproval bill or other law that
disapproves that cancellation is enacted into law prior to 10
calendar days (excluding Sundays) after the expiration of the
time period set forth in section 1025(b)(1).
(d) Congressional Budget Office Estimates.--As soon as
practicable after the President makes a cancellation from a law
under section 1021(a), the Director of the Congressional Budget
Office shall provide the Committees on the Budget of the House
of Representatives and the Senate with an estimate of the
reduction of the budget authority and the reduction in outlays
flowing from such reduction of budget authority for each
outyear.
SEC. 1025. [2 U.S.C. 691D] EXPEDITED CONGRESSIONAL CONSIDERATION OF
DISAPPROVAL BILLS.
(a) Receipt and Referral of Special Message.--Each special
message transmitted under this part shall be referred to the
Committee on the Budget and the appropriate committee or
committees of the Senate and the Committee on the Budget and
the appropriate committee or committees of the House of
Representatives. Each such message shall be printed as a
document of the House of Representatives.
(b) Time Period for Expedited Procedures.--
(1) There shall be a congressional review period of
30 calendar days of session, beginning on the first
calendar day of session after the date on which the
special message is received in the House of
Representatives and the Senate, during which the
procedures contained in this section shall apply to
both Houses of Congress.
(2) In the House of Representatives the procedures
set forth in this section shall not apply after the end
of the period described in paragraph (1).
(3) If Congress adjourns at the end of a Congress
prior to the expiration of the period described in
paragraph (1) and a disapproval bill was then pending
in either House of Congress or a committee thereof
(including a conference committee of the two Houses of
Congress), or was pending before the President, a
disapproval bill for the same special message may be
introduced within the first five calendar days of
session of the next Congress and shall be treated as a
disapproval bill under this part, and the time period
described in paragraph (1) shall commence on the day of
introduction of that disapproval bill.
(c) Introduction of Disapproval Bills.--
(1) In order for a disapproval bill to be
considered under the procedures set forth in this
section, the bill must meet the definition of a
disapproval bill and must be introduced no later than
the fifth calendar day of session following the
beginning of the period described in subsection (b)(1).
(2) In the case of a disapproval bill introduced in
the House of Representatives, such bill shall include
in the first blank space referred to in section
1026(6)(C) a list of the reference numbers for all
cancellations made by the President in the special
message to which such disapproval bill relates.
(d) Consideration in the House of Representatives.--
(1) Any committee of the House of Representatives
to which a disapproval bill is referred shall report it
without amendment, and with or without recommendation,
not later than the seventh calendar day of session
after the date of its introduction. If any committee
fails to report the bill within that period, it is in
order to move that the House discharge the committee
from further consideration of the bill, except that
such a motion may not be made after the committee has
reported a disapproval bill with respect to the same
special message. A motion to discharge may be made only
by a Member favoring the bill (but only at a time or
place designated by the Speaker in the legislative
schedule of the day after the calendar day on which the
Member offering the motion announces to the House his
intention to do so and the form of the motion). The
motion is highly privileged. Debate thereon shall be
limited to not more than one hour, the time to be
divided in the House equally between a proponent and an
opponent. The previous question shall be considered as
ordered on the motion to its adoption without
intervening motion. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not
be in order.
(2) After a disapproval bill is reported or a
committee has been discharged from further
consideration, it is in order to move that the House
resolve into the Committee of the Whole House on the
State of the Union for consideration of the bill. If
reported and the report has been available for at least
one calendar day, all points of order against the bill
and against consideration of the bill are waived. If
discharged, all points of order against the bill and
against consideration of the bill are waived. The
motion is highly privileged. A motion to reconsider the
vote by which the motion is agreed to or disagreed to
shall not be in order. During consideration of the bill
in the Committee of the Whole, the first reading of the
bill shall be dispensed with. General debate shall
proceed, shall be confined to the bill, and shall not
exceed one hour equally divided and controlled by a
proponent and an opponent of the bill. The bill shall
be considered as read for amendment under the five-
minute rule. Only one motion to rise shall be in order,
except if offered by the manager. No amendment to the
bill is in order, except any Member if supported by 49
other Members (a quorum being present) may offer an
amendment striking the reference number or numbers of a
cancellation or cancellations from the bill.
Consideration of the bill for amendment shall not
exceed one hour excluding time for recorded votes and
quorum calls. No amendment shall be subject to further
amendment, except pro forma amendments for the purposes
of debate only. At the conclusion of the consideration
of the bill for amendment, the Committee shall rise and
report the bill to the House with such amendments as
may have been adopted. The previous question shall be
considered as ordered on the bill and amendments
thereto to final passage without intervening motion. A
motion to reconsider the vote on passage of the bill
shall not be in order.
(3) Appeals from decisions of the Chair regarding
application of the rules of the House of
Representatives to the procedure relating to a
disapproval bill shall be decided without debate.
(4) It shall not be in order to consider under this
subsection more than one disapproval bill for the same
special message except for consideration of a similar
Senate bill (unless the House has already rejected a
disapproval bill for the same special message) or more
than one motion to discharge described in paragraph (1)
with respect to a disapproval bill for that special
message.
(e) Consideration in the Senate.--
(1) Referral and reporting.--Any disapproval bill
introduced in the Senate shall be referred to the
appropriate committee or committees. A committee to
which a disapproval bill has been referred shall report
the bill not later than the seventh day of session
following the date of introduction of that bill. If any
committee fails to report the bill within that period,
that committee shall be automatically discharged from
further consideration of the bill and the bill shall be
placed on the Calendar.
(2) Disapproval bill from house.--When the Senate
receives from the House of Representatives a
disapproval bill, such bill shall not be referred to
committee and shall be placed on the Calendar.
(3) Consideration of single disapproval bill.--
After the Senate has proceeded to the consideration of
a disapproval bill for a special message, then no other
disapproval bill originating in that same House
relating to that same message shall be subject to the
procedures set forth in this subsection.
(4) Amendments.--
(A) Amendments in order.--The only
amendments in order to a disapproval bill are--
(i) an amendment that strikes the
reference number of a cancellation from
the disapproval bill; and
(ii) an amendment that only inserts
the reference number of a cancellation
included in the special message to
which the disapproval bill relates that
is not already contained in such bill.
(B) Waiver or appeal.--An affirmative vote
of three-fifths of the Senators, duly chosen
and sworn, shall be required in the Senate--
(i) to waive or suspend this
paragraph; or
(ii) to sustain an appeal of the
ruling of the Chair on a point of order
raised under this paragraph.
(5) Motion nondebatable.--A motion to proceed to
consideration of a disapproval bill under this
subsection shall not be debatable. It shall not be in
order to move to reconsider the vote by which the
motion to proceed was adopted or rejected, although
subsequent motions to proceed may be made under this
paragraph.
(6) Limit on consideration.--
(A) After no more than 10 hours of
consideration of a disapproval bill, the Senate
shall proceed, without intervening action or
debate (except as permitted under paragraph
(9)), to vote on the final disposition thereof
to the exclusion of all amendments not then
pending and to the exclusion of all motions,
except a motion to reconsider or to table.
(B) A single motion to extend the time for
consideration under subparagraph (A) for no
more than an additional five hours is in order
prior to the expiration of such time and shall
be decided without debate.
(C) The time for debate on the disapproval
bill shall be equally divided between the
Majority Leader and the Minority Leader or
their designees.
(7) Debate on amendments.--Debate on any amendment
to a disapproval bill shall be limited to one hour,
equally divided and controlled by the Senator proposing
the amendment and the majority manager, unless the
majority manager is in favor of the amendment, in which
case the minority manager shall be in control of the
time in opposition.
(8) No motion to recommit.--A motion to recommit a
disapproval bill shall not be in order.
(9) Disposition of senate disapproval bill.--If the
Senate has read for the third time a disapproval bill
that originated in the Senate, then it shall be in
order at any time thereafter to move to proceed to the
consideration of a disapproval bill for the same
special message received from the House of
Representatives and placed on the Calendar pursuant to
paragraph (2), strike all after the enacting clause,
substitute the text of the Senate disapproval bill,
agree to the Senate amendment, and vote on final
disposition of the House disapproval bill, all without
any intervening action or debate.
(10) Consideration of house message.--Consideration
in the Senate of all motions, amendments, or appeals
necessary to dispose of a message from the House of
Representatives on a disapproval bill shall be limited
to not more than four hours. Debate on each motion or
amendment shall be limited to 30 minutes. Debate on any
appeal or point of order that is submitted in
connection with the disposition of the House message
shall be limited to 20 minutes. Any time for debate
shall be equally divided and controlled by the
proponent and the majority manager, unless the majority
manager is a proponent of the motion, amendment,
appeal, or point of order, in which case the minority
manager shall be in control of the time in opposition.
(f) Consideration in Conference.--
(1) Convening of conference.--In the case of
disagreement between the two Houses of Congress with
respect to a disapproval bill passed by both Houses,
conferees should be promptly appointed and a conference
promptly convened, if necessary.
(2) House consideration.--
(A) Notwithstanding any other rule of the
House of Representatives, it shall be in order
to consider the report of a committee of
conference relating to a disapproval bill
provided such report has been available for one
calendar day (excluding Saturdays, Sundays, or
legal holidays, unless the House is in session
on such a day) and the accompanying statement
shall have been filed in the House.
(B) Debate in the House of Representatives
on the conference report and any amendments in
disagreement on any disapproval bill shall each
be limited to not more than one hour equally
divided and controlled by a proponent and an
opponent. A motion to further limit debate is
not debatable. A motion to recommit the
conference report is not in order, and it is
not in order to move to reconsider the vote by
which the conference report is agreed to or
disagreed to.
(3) Senate consideration.--Consideration in the
Senate of the conference report and any amendments in
disagreement on a disapproval bill shall be limited to
not more than four hours equally divided and controlled
by the Majority Leader and the Minority Leader or their
designees. A motion to recommit the conference report
is not in order.
(4) Limits on scope.--
(A) When a disagreement to an amendment in
the nature of a substitute has been referred to
a conference, the conferees shall report those
cancellations that were included in both the
bill and the amendment, and may report a
cancellation included in either the bill or the
amendment, but shall not include any other
matter.
(B) When a disagreement on an amendment or
amendments of one House to the disapproval bill
of the other House has been referred to a
committee of conference, the conferees shall
report those cancellations upon which both
Houses agree and may report any or all of those
cancellations upon which there is disagreement,
but shall not include any other matter.
4SEC. 1026. [2 U.S.C. 691E] DEFINITIONS.
As used in this part:
(1) Appropriation law.--The term ``appropriation
law'' means an Act referred to in section 105 of title
1, United States Code, including any general or special
appropriation Act, or any Act making supplemental,
deficiency, or continuing appropriations, that has been
signed into law pursuant to Article I, section 7, of
the Constitution of the United States.
(2) Calendar day.--The term ``calendar day'' means
a standard 24-hour period beginning at midnight.
(3) Calendar days of session.--The term ``calendar
days of session'' shall mean only those days on which
both Houses of Congress are in session.
(4) Cancel.--The term ``cancel'' or
``cancellation'' means--
(A) with respect to any dollar amount of
discretionary budget authority, to rescind;
(B) with respect to any item of new direct
spending--
(i) that is budget authority
provided by law (other than an
appropriation law), to prevent such
budget authority from having legal
force or effect;
(ii) that is entitlement authority,
to prevent the specific legal
obligation of the United States from
having legal force or effect; or
(iii) through the food stamp
program, to prevent the specific
provision of law that results in an
increase in budget authority or outlays
for that program from having legal
force or effect; and
(C) with respect to a limited tax benefit,
to prevent the specific provision of law that
provides such benefit from having legal force
or effect.
(5) Direct spending.--The term ``direct spending''
means--
(A) budget authority provided by law (other
than an appropriation law);
(B) entitlement authority; and
(C) the food stamp program.
(6) Disapproval bill.--The term ``disapproval
bill'' means a bill or joint resolution which only
disapproves one or more cancellations of dollar amounts
of discretionary budget authority, items of new direct
spending, or limited tax benefits in a special message
transmitted by the President under this part and--
(A) the title of which is as follows: ``A
bill disapproving the cancellations transmitted
by the President on ____'', the blank space
being filled in with the date of transmission
of the relevant special message and the public
law number to which the message relates;
(B) which does not have a preamble; and
(C) which provides only the following after
the enacting clause: ``That Congress
disapproves of cancellations ____'', the blank
space being filled in with a list by reference
number of one or more cancellations contained
in the President's special message, ``as
transmitted by the President in a special
message on ____'', the blank space being filled
in with the appropriate date, ``regarding
____.'', the blank space being filled in with
the public law number to which the special
message relates.
(7) Dollar amount of discretionary budget
authority.--
(A) Except as provided in subparagraph (B),
the term ``dollar amount of discretionary
budget authority'' means the entire dollar
amount of budget authority--
(i) specified in an appropriation
law, or the entire dollar amount of
budget authority required to be
allocated by a specific proviso in an
appropriation law for which a specific
dollar figure was not included;
(ii) represented separately in any
table, chart, or explanatory text
included in the statement of managers
or the governing committee report
accompanying such law;
(iii) required to be allocated for
a specific program, project, or
activity in a law (other than an
appropriation law) that mandates the
expenditure of budget authority from
accounts, programs, projects, or
activities for which budget authority
is provided in an appropriation law;
(iv) represented by the product of
the estimated procurement cost and the
total quantity of items specified in an
appropriation law or included in the
statement of managers or the governing
committee report accompanying such law;
or
(v) represented by the product of
the estimated procurement cost and the
total quantity of items required to be
provided in a law (other than an
appropriation law) that mandates the
expenditure of budget authority from
accounts, programs, projects, or
activities for which budget authority
is provided in an appropriation law.
(B) The term ``dollar amount of
discretionary budget authority'' does not
include--
(i) direct spending;
(ii) budget authority in an
appropriation law which funds direct
spending provided for in other law;
(iii) any existing budget authority
rescinded or canceled in an
appropriation law; or
(iv) any restriction, condition, or
limitation in an appropriation law or
the accompanying statement of managers
or committee reports on the expenditure
of budget authority for an account,
program, project, or activity, or on
activities involving such expenditure.
(8) Item of new direct spending.--The term ``item
of new direct spending'' means any specific provision
of law that is estimated to result in an increase in
budget authority or outlays for direct spending
relative to the most recent levels calculated pursuant
to section 257 of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(9) Limited tax benefit.--
(A) The term ``limited tax benefit''
means--
(i) any revenue-losing provision
which provides a Federal tax deduction,
credit, exclusion, or preference to 100
or fewer beneficiaries under the
Internal Revenue Code of 1986 in any
fiscal year for which the provision is
in effect; and
(ii) any Federal tax provision
which provides temporary or permanent
transitional relief for 10 or fewer
beneficiaries in any fiscal year from a
change to the Internal Revenue Code of
1986.
(B) A provision shall not be treated as
described in subparagraph (A)(i) if the effect
of that provision is that--
(i) all persons in the same
industry or engaged in the same type of
activity receive the same treatment;
(ii) all persons owning the same
type of property, or issuing the same
type of investment, receive the same
treatment; or
(iii) any difference in the
treatment of persons is based solely
on--
(I) in the case of
businesses and associations,
the size or form of the
business or association
involved;
(II) in the case of
individuals, general
demographic conditions, such as
income, marital status, number
of dependents, or tax return
filing status;
(III) the amount involved;
or
(IV) a generally-available
election under the Internal
Revenue Code of 1986.
(C) A provision shall not be treated as
described in subparagraph (A)(ii) if--
(i) it provides for the retention
of prior law with respect to all
binding contracts or other legally
enforceable obligations in existence on
a date contemporaneous with
congressional action specifying such
date; or
(ii) it is a technical correction
to previously enacted legislation that
is estimated to have no revenue effect.
(D) For purposes of subparagraph (A)--
(i) all businesses and associations
which are related within the meaning of
sections 707(b) and 1563(a) of the
Internal Revenue Code of 1986 shall be
treated as a single beneficiary;
(ii) all qualified plans of an
employer shall be treated as a single
beneficiary;
(iii) all holders of the same bond
issue shall be treated as a single
beneficiary; and
(iv) if a corporation, partnership,
association, trust or estate is the
beneficiary of a provision, the
shareholders of the corporation, the
partners of the partnership, the
members of the association, or the
beneficiaries of the trust or estate
shall not also be treated as
beneficiaries of such provision.
(E) For purposes of this paragraph, the
term ``revenue-losing provision'' means any
provision which results in a reduction in
Federal tax revenues for any one of the two
following periods--
(i) the first fiscal year for which
the provision is effective; or
(ii) the period of the 5 fiscal
years beginning with the first fiscal
year for which the provision is
effective.
(F) The terms used in this paragraph shall
have the same meaning as those terms have
generally in the Internal Revenue Code of 1986,
unless otherwise expressly provided.
(10) OMB.--The term ``OMB'' means the Director of
the Office of Management and Budget.
SEC. 1027. [2 U.S.C. 691F] IDENTIFICATION OF LIMITED TAX BENEFITS.
(a) Statement by Joint Tax Committee.--The Joint Committee
on Taxation shall review any revenue or reconciliation bill or
joint resolution which includes any amendment to the Internal
Revenue Code of 1986 that is being prepared for filing by a
committee of conference of the two Houses, and shall identify
whether such bill or joint resolution contains any limited tax
benefits. The Joint Committee on Taxation shall provide to the
committee of conference a statement identifying any such
limited tax benefits or declaring that the bill or joint
resolution does not contain any limited tax benefits. Any such
statement shall be made available to any Member of Congress by
the Joint Committee on Taxation immediately upon request.
(b) Statement Included in Legislation.--
(1) Notwithstanding any other rule of the House of
Representatives or any rule or precedent of the Senate,
any revenue or reconciliation bill or joint resolution
which includes any amendment to the Internal Revenue
Code of 1986 reported by a committee of conference of
the two Houses may include, as a separate section of
such bill or joint resolution, the information
contained in the statement of the Joint Committee on
Taxation, but only in the manner set forth in paragraph
(2).
(2) The separate section permitted under paragraph
(1) shall read as follows: ``Section 1021(a)(3) of the
Congressional Budget and Impoundment Control Act of
1974 shall ____ apply to ______.'', with the blank
spaces being filled in with--
(A) in any case in which the Joint
Committee on Taxation identifies limited tax
benefits in the statement required under
subsection (a), the word ``only'' in the first
blank space and a list of all of the specific
provisions of the bill or joint resolution
identified by the Joint Committee on Taxation
in such statement in the second blank space; or
(B) in any case in which the Joint
Committee on Taxation declares that there are
no limited tax benefits in the statement
required under subsection (a), the word ``not''
in the first blank space and the phrase ``any
provision of this Act'' in the second blank
space.
(c) President's Authority.--If any revenue or
reconciliation bill or joint resolution is signed into law
pursuant to Article I, section 7, of the Constitution of the
United States--
(1) with a separate section described in subsection
(b)(2), then the President may use the authority
granted in section 1021(a)(3) only to cancel any
limited tax benefit in that law, if any, identified in
such separate section; or
(2) without a separate section described in
subsection (b)(2), then the President may use the
authority granted in section 1021(a)(3) to cancel any
limited tax benefit in that law that meets the
definition in section 1026.
(d) Congressional Identifications of Limited Tax
Benefits.--There shall be no judicial review of the
congressional identification under subsections (a) and (b) of a
limited tax benefit in a conference report.END OF
STATUTE deg.
Appendix B
CONCURRENT RESOLUTIONS ON THE BUDGET
----------------------------------------------------------------------------------------------------------------
Fiscal year Resolution No. Congress Resolution order
----------------------------------------------------------------------------------------------------------------
FY1976 H.Con.Res. 218 94th Congress 1st Resolution
FY1976 H.Con.Res. 466 94th Congress 2d Resolution\108\
FY1977 S.Con.Res. 109 94th Congress 1st Resolution
FY1977 S.Con.Res. 139 94th Congress 2d Resolution
FY1977 S.Con.Res. 10 95th Congress 3d Resolution
FY1978 S.Con.Res. 19 95th Congress 1st Resolution
FY1978 H.Con.Res. 341 95th Congress 2d Resolution
FY1979 S.Con.Res. 80 95th Congress 1st Resolution
FY1979 H.Con.Res. 683 95th Congress 2d Resolution
FY1980 H.Con.Res. 107 96th Congress 1st Resolution
FY1980 S.Con.Res. 36 96th Congress 2d Resolution
FY1981 H.Con.Res. 307 96th Congress 1st Resolution
FY1981 H.Con.Res. 448 96th Congress 2d Resolution
FY1982 H.Con.Res. 115 97th Congress 1st Resolution
FY1982 None 97th Congress 2d Resolution
FY1983 S.Con.Res. 92 97th Congress 1st Resolution
FY1983 None 98th Congress 2d Resolution
FY1984 H.Con.Res. 91 98th Congress 1st Resolution
FY1984 None 98th Congress 2d Resolution
FY1985 H.Con.Res. 280 98th Congress 1st Resolution
FY1985 None 98th Congress 2d Resolution
FY1986 S.Con.Res. 32 98th Congress 1st Resolution
FY1986 None 99th Congress 2d Resolution
FY1987 S.Con.Res. 120 99th Congress
FY1988 H.Con.Res. 93 100th Congress
FY1989 H.Con.Res. 268 100th Congress
FY1990 H.Con.Res. 106 101st Congress
FY1991 H.Con.Res. 310 101st Congress
FY1992 H.Con.Res. 121 102d Congress
FY1993 H.Con.Res. 287 102d Congress
FY1994 H.Con.Res. 64 103d Congress
FY1995 H.Con.Res. 218 103d Congress
FY1996 H.Con.Res. 67 104th Congress
FY1997 H.Con.Res. 178 104th Congress
FY1998 H.Con.Res. 84 105th Congress
FY1999 None 105th Congress
FY2000 H.Con.Res. 68 106th Congress
FY2001 H.Con.Res. 290 106th Congress
FY2002 H.Con.Res. 83 107th Congress
FY2003 None 107th Congress
FY2004 H.Con.Res. 95 108th Congress
FY2005 None 108th Congress
FY2006 H.Con.Res. 95 109th Congress
FY2007 None 109th Congress
FY2008 S.Con.Res. 21 110th Congress
FY2009 S.Con.Res. 70 110th Congress
FY2010 S.Con.Res. 13 111th Congress
FY2011 None 111th Congress
FY2012 None 112th Congress
FY2013 None 112th Congress\109\
----------------------------------------------------------------------------------------------------------------
\108\ Automatic Second Budget Resolution: The Congressional Budget Act originally provided for first and second
resolutions on the budget for each fiscal year. Budget resolutions were considered to be the second resolution
if the Congress did not adopt the second one. Those provisions also provided an exception in the House to the
aggregate point of order under section 311 of the Congressional Budget Act. See: First Concurrent Resolution
on the Budget--Fiscal Year 1986, S.Con.Res. 32, 99th Congress, 1st Session, Section 3, 99 Stat. 1941 (1985);
First Concurrent Resolution on the Budget--Fiscal Year 1985, H.Con.Res. 280, 98th Congress, 2d Session,
Section 4, 98 Stat. 3484 (1984); First Concurrent Resolution on the Budget--Fiscal Year 1984, H.Con.Res. 91,
98th Congress, 1st Session Section 5, 97 Stat. 1501 (1983)
\109\ The Budget Control Act of 2011 (Public Law 112-25) provided for a concurrent resolution on the budget for
enforcement purposes in the Senate for Fiscal Years 2012 and 2013.
Appendix C
DEEMING MEASURES FOR THE CONCURRENT RESOLUTION ON THE BUDGET \110\
----------------------------------------------------------------------------------------------------------------
Fiscal year Congress House Senate
----------------------------------------------------------------------------------------------------------------
FY1986 99th H.Res. 231
FY1991 101st H.Res. 413\111\
FY1999 105th H.Res. 477\112\ S.Res. 209\113\
106th H.Res. 5\114\ S.Res. 312
FY2003 107th H.Res. 428\115\
108th H.Res. 5\116\
FY2005 108th H.Res. 649\117\ P.L. 108-287\118\
109th H.Res. 5\119\
FY2007 109th H.Res. 818\120\ P.L. 109-234\121\
110th H.Res. 6\122\
FY2011 111th H.Res. 1493\123\
FY2012 112th H.Res. 287\124\ S.365\125\
FY2013 112th H.Res. 614\126\ S.365\125\
H.Res. 643\127\
----------------------------------------------------------------------------------------------------------------
\110\ House: A budget resolution ``deemed'' to be in force means a resolution that was not adopted by both
Houses of Congress, but in one House has been treated as if had been passed by both Houses for enforcement
purposes of the Congressional Budget Act. Two exceptions were for fiscal year 1999 and fiscal year 2011 when
the deeming resolution adopted only had the effect, mainly, of providing the Appropriations Committee of the
House with a section 302(a) allocation for enforcement purposes, but did not, in their entirely, have the
nature of budget resolutions under the terms of section 301 of the Congressional Budget Act.
\111\ House: H. Res. 413 deemed H. Con. Res. 310 as passed by the House on May 1, 1990, to be in force until the
conference report on the budget was adopted (it was so adopted on October 9, 1990).
\112\ House: The initial deeming resolution was section 2 of H. Res. 477, a special rule for the consideration
of the Military Construction Appropriations Act for FY1999. At the beginning of the 106th Congress, a second
deeming resolution was included in the organizing resolution, H. Res. 5, authorizing the Chairman of the House
Budget Committee to put enforceable allocations into the Congressional Record.
\113\ Senate: Two deeming resolutions were Senate resolutions directed to that purpose.
\114\ House: A follow-up measure in the next session was part of the opening-day rules package (section 2(a) of
H. Res. 5)
\115\ House: The initial deeming resolution was section 2 of H. Res. 428, special rule for the consideration of
a supplemental appropriations act for FY2002 (H.R. 4775).
\116\ House: A follow-up measure in the next session was part of the opening-day rules package (section 3(a)(4)
of H. Res. 5).
\117\ House: The initial deeming resolution was section 2 of H. Res. 649, a special rule providing for the
consideration of the conference report on the FY2005 budget resolution (S. Con. Res. 95).
\118\ House: The deeming resolution was section 14007 (118 Stat. 1014) of the Defense Appropriations Act for
FY2005 (H.R. 4613), which became Public Law 108-287.
\119\ House: A follow-up measure in the next session was part of the opening-day rules package (section 3(a)(4)
of H. Res. 5).
\120\ House: The initial deeming resolution was section 2 of H. Res. 818, a special rule providing for the
consideration of the Department of Interior Appropriations Act for FY2007(H.R. 5386)).
\121\ Senate: The deeming resolution was set forth in section 7035 (120 Stat. 489-490) of the Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery for FY2006 (H.R.
4939), which became Public Law 109-234.
\122\ House: A follow-up measure in the next session was part of the opening-day rules package (section
511(a)(4) of H. Res. 6).
\123\ House: Budget Committee Chairman John Spratt (Democrat-SC) introduced two House Resolutions (H. Res. 1492
and H. Res. 1493) setting forth appropriations levels for FY2011 and other enforcement procedures. H. Res.
1493 was deemed to be in force by H. Res. 1500, the rule providing for consideration of the Supplemental
Appropriations Act of 2010 (it included the language ``Sec. 4. House Resolution 1493 is hereby adopted''). H.
Res. 1492 was not acted upon.
\124\ House: The House deemed H. Con. Res. 34 to be in force by adopting H. Res. 287 on June 1, 2011.
\125\ S. 365 was enacted as the ``Budget Control Act of 2011 (Public Law 112-25)'' which established a budget
resolution for the Senate for fiscal years 2012 and 2013.
\126\ This resolution deemed in force H. Con. Res. 112, the Concurrent Resolution on the Budget for Fiscal Year
2013, and amended its reconciliation instructions.
\127\ This resolution deemed in force the allocations of H. Con. Res. 112, the Concurrent Resolution on the
Budget for Fiscal Year 2013, to be in force.
Appendix D
EMERGENCY ECONOMIC STABILIZATION ACT OF 2008
Title I--Troubled Assets Relief Program
* * * * * * *
SEC. 123. CREDIT REFORM.
(a) In General.--Subject to subsection (b), the costs of
purchases of troubled assets made under section 101(a) and
guarantees of troubled assets under section 102, and any cash
flows associated with the activities authorized in section 102
and subsections (a), (b), and (c) of section 106 shall be
determined as provided under the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
(b) Costs.--For the purposes of section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))--
(1) the cost of troubled assets and guarantees of
troubled assets shall be calculated by adjusting the
discount rate in section 502(5)(E) (2 U.S.C.
661a(5)(E)) for market risks; and
(2) the cost of a modification of a troubled asset
or guarantee of a troubled asset shall be the
difference between the current estimate consistent with
paragraph (1) under the terms of the troubled asset or
guarantee of the troubled asset and the current
estimate consistent with paragraph (1) under the terms
of the troubled asset or guarantee of the troubled
asset, as modified.
* * * * * * *
SEC. 134. RECOUPMENT.
Upon the expiration of the 5-year period beginning upon the
date of the enactment of this Act, the Director of the Office
of Management and Budget, in consultation with the Director of
the Congressional Budget Office, shall submit a report to the
Congress on the net amount within the Troubled Asset Relief
Program under this Act. In any case where there is a shortfall,
the President shall submit a legislative proposal that recoups
from the financial industry an amount equal to the shortfall in
order to ensure that the Troubled Asset Relief Program does not
add to the deficit or national debt.
* * * * * * *
SEC. 202. REPORTS BY THE OFFICE OF MANAGEMENT AND BUDGET AND THE
CONGRESSIONAL BUDGET OFFICE.
(a) Reports by the Office of Management and Budget.--Within
60 days of the first exercise of the authority granted in
section 101(a), but in no case later than December 31, 2008,
and semiannually thereafter, the Office of Management and
Budget shall report to the President and the Congress--
(1) the estimate, notwithstanding section 502(5)(F)
of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)(F)), as of the first business day that is at
least 30 days prior to the issuance of the report, of
the cost of the troubled assets, and guarantees of the
troubled assets, determined in accordance with section
123;
(2) the information used to derive the estimate,
including assets purchased or guaranteed, prices paid,
revenues received, the impact on the deficit and debt,
and a description of any outstanding commitments to
purchase troubled assets; and
(3) a detailed analysis of how the estimate has
changed from the previous report. Beginning with the
second report under subsection (a), the Office of
Management and Budget shall explain the differences
between the Congressional Budget Office estimates
delivered in accordance with subsection (b) and prior
Office of Management and Budget estimates.
(b) Reports by the Congressional Budget Office.--Within 45
days of receipt by the Congress of each report from the Office
of Management and Budget under subsection (a), the
Congressional Budget Office shall report to the Congress the
Congressional Budget Office's assessment of the report
submitted by the Office of Management and Budget, including--
(1) the cost of the troubled assets and guarantees
of the troubled assets,
(2) the information and valuation methods used to
calculate such cost, and
(3) the impact on the deficit and the debt.
(c) Financial expertise.--In carrying out the duties in
this subsection or performing analyses of activities under this
Act, the Director of the Congressional Budget Office may employ
personnel and procure the services of experts and consultants.
(d) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to produce
reports required by this section.
SEC. 203. [2 U.S.C. 603] PUBLIC ACCESS TO BUDGET DATA.
(a) Right to copy.--Except as provided in subsections (c),
(d), and (e), the Director shall make all information, data,
estimates, and statistics obtained under sections 201(d) and
201(e) available for public copying during normal business
hours, subject to reasonable rules and regulations, and shall
to the extent practicable, at the request of any person,
furnish a copy of any such information, data, estimates, or
statistics upon payment by such person of the cost of making
and furnishing such copy.
(b) Index.--The Director shall develop and maintain filing,
coding, and indexing systems that identify the information,
data, estimates, and statistics to which subsection (a) applies
and shall make such systems available for public use during
normal business hours.
(c) Exceptions.--Subsection (a) shall not apply to
information, data, estimates, and statistics--
(1) which are specifically exempted from disclosure
by law; or
(2) which the Director determines will disclose--
(A) matters necessary to be kept secret in
the interests of national defense or the
confidential conduct of the foreign relations
of the United States;
(B) information relating to trade secrets
or financial or commercial information
pertaining specifically to a given person if
the information has been obtained by the
Government on a confidential basis, other than
through an application by such person for a
specific financial or other benefit, and is
required to be kept secret in order to prevent
undue injury to the competitive position of
such person; or
(C) personnel or medical data or similar
data the disclosure of which would constitute a
clearly unwarranted invasion of personal
privacy; unless the portions containing such
matters, information, or data have been excised
(d) Information obtained for committees and members.--
Subsection (a) shall apply to any information, data, estimates,
and statistics obtained at the request of any committee, joint
committee, or Member unless such committee, joint committee, or
Member has instructed the Director not to make such
information, data, estimates, or statistics available for
public copying.
(e) Level of confidentiality.--With respect to information,
data, estimates, and statistics obtained under sections 201(d)
and 201(e), the Director shall maintain the same level of
confidentiality as is required by law of the department,
agency, establishment, or regulatory agency or commission from
which it is obtained. Officers and employees of the
Congressional Budget Office shall be subject to the same
statutory penalties for unauthorized disclosure or use as
officers or employees of the department, agency, establishment,
or regulatory agency or commission from which it is obtained.
SEC. 204. EMERGENCY TREATMENT.
All provisions of this Act are designated as an emergency
requirement and necessary to meet emergency needs pursuant to
section 204(a) of S. Con. Res. 21 (110th Congress), the
concurrent resolution on the budget for fiscal year 2008 and
rescissions of any amounts provided in this Act shall not be
counted for purposes of budget enforcement.
Appendix E
Rule XXVIII of the House of Representatives was repealed at
the beginning of the 112th Congress and is hence no longer in
force. When it was in force, beginning in the 96th Congress, it
provided for a Joint Resolution increasing the public debt
limit to be sent to the Senate upon the adoption of a
concurrent resolution on the budget.
RULE XXVIII \128\
Statutory Limit on Public Debt
1. Upon adoption by Congress of a concurrent resolution on
the budget under section 301 or 304 of the Congressional Budget
Act of 1974 that sets forth, as the appropriate level of the
public debt for the period to which the concurrent resolution
relates, an amount that is different from the amount of the
statutory limit on the public debt that otherwise would be in
effect for that period, the Clerk shall prepare an engrossment
of a joint resolution increasing or decreasing, as the case may
be, the statutory limit on the public debt in the form
prescribed in clause 2. Upon engrossment of the joint
resolution, the vote by which the concurrent resolution on the
budget was finally agreed to in the House shall also be
considered as a vote on passage of the joint resolution in the
House, and the joint resolution shall be considered as passed
by the House and duly certified and examined. The engrossed
copy shall be signed by the Clerk and transmitted to the Senate
for further legislative action.
---------------------------------------------------------------------------
\128\ The public debt limit is fixed by law at 31 U.S.C. Sec. 3101.
The debt limit may be changed by the enactment of a bill or joint
resolution. Under Rule XXVIII, when it was in force, such a joint
resolution could be generated automatically upon adoption by Congress
of a concurrent resolution on the budget that set a level of the public
debt. Rule XXVIII was first adopted in the 96th Congress. It was
repealed in the 107th Congress and reinstated in the 108th Congress. It
was again repealed at the beginning of the 112th Congress.
---------------------------------------------------------------------------
2. The matter after the resolving clause in a joint
resolution described in clause 1 shall be as follows: ``That
subsection (b) of section 3101 of title 31, United States Code,
is amended by striking out the dollar limitation contained in
such subsection and inserting in lieu thereof ``$_____'', with
the blank being filled with a dollar limitation equal to the
appropriate level of the public debt set forth pursuant to
section 301(a)(5) of the Congressional Budget Act of 1974 in
the relevant concurrent resolution described in clause 1. If an
adopted concurrent resolution under clause 1 sets forth
different appropriate levels of the public debt for separate
periods, only one engrossed joint resolution shall be prepared
under clause 1; and the blank referred to in the preceding
sentence shall be filled with the limitation that is to apply
for each period.
3. (a) The report of the Committee on the Budget on a
concurrent resolution described in clause 1 and the joint
explanatory statement of the managers on a conference report to
accompany such a concurrent resolution each shall contain a
clear statement of the effect the eventual enactment of a joint
resolution engrossed under this rule would have on the
statutory limit on the public debt.
(b) It shall not be in order for the House to
consider a concurrent resolution described in clause 1,
or a conference report thereon, unless the report of
the Committee on the Budget or the joint explanatory
statement of the managers complies with paragraph (a).
4. Nothing in this rule shall be construed as limiting or
otherwise affecting--
(a) the power of the House or the Senate to
consider and pass bills or joint resolutions, without
regard to the procedures under clause 1, that would
change the statutory limit on the public debt; or
(b) the rights of Members, Delegates, the Resident
Commissioner, or committees with respect to the
introduction, consideration, and reporting of such
bills or joint resolutions.
5. In this rule the term ``statutory limit on the public
debt'' means the maximum face amount of obligations issued
under authority of chapter 31 of title 31, United States Code,
and obligations guaranteed as to principal and interest by the
United States (except such guaranteed obligations as may be
held by the Secretary of the Treasury), as determined under
section 3101(b) of such title after the application of section
3101(a) of such title, that may be outstanding at any one time.
Appendix F
The Concurrent Resolution on the Budget for
Fiscal Year 2013
house concurrent resolution 112\129\ (112th congress)
---------------------------------------------------------------------------
\129\ Title I has been omitted: ``Title I. Recommended Levels and
Amounts'' related to the aggregate spending levels and functional
categories.
---------------------------------------------------------------------------
* * * * * * *
Title II--Reconciliation and Directive to the Committee on the Budget
Sec. 201. Reconciliation in the House of Representatives.
Sec. 202. Directive to the Committee on the Budget of the House of
Representatives to replace the sequester established by the
Budget Control Act of 2011.
Title III--Recommended Levels and Amounts for Fiscal Years 2030, 2040,
and 2050
Sec. 301. Policy statement on long-term budgeting.
Title IV--Reserve Funds
Sec. 401. Reserve fund for the repeal of the 2010 health care laws.
Sec. 402. Deficit-neutral reserve fund for the sustainable growth rate
of the Medicare program.
Sec. 403. Deficit-neutral reserve fund for revenue measures.
Sec. 404. Deficit-neutral reserve fund for rural counties and schools.
Sec. 405. Deficit-neutral reserve fund for transportation.
Title V--Budget Enforcement
Sec. 501. Limitation on advance appropriations.
Sec. 502. Concepts and definitions.
Sec. 503. Adjustments of aggregates and allocations for legislation.
Sec. 504. Limitation on long-term spending.
Sec. 505. Budgetary treatment of certain transactions.
Sec. 506. Application and effect of changes in allocations and
aggregates.
Sec. 507. Congressional Budget Office estimates.
Sec. 508. Budget rule relating to transfers from the general fund of the
treasury to the highway trust fund that increase public
indebtedness.
Sec. 509. Separate allocation for overseas contingency operations/global
war on terrorism.
Sec. 510. Exercise of rulemaking powers.
Title VI--Policy
Sec. 601. Policy Statement on Medicare.
Sec. 602. Policy Statement on Social Security.
Sec. 603. Policy statement on deficit reduction through the cancellation
of unobligated balances.
Sec. 604. Recommendations for the elimination of waste, fraud, and abuse
in Federal programs.
* * * * * * *
Title II--Reconciliation and Directive to the Committee on the Budget
SEC. 201. RECONCILIATION IN THE HOUSE OF REPRESENTATIVES.
(a) Submissions of Spending Reduction.--Not later than
April 27, 2012, the House committees named in subsection (b)
shall submit recommendations to the Committee on the Budget of
the House of Representatives. After receiving those
recommendations, such committee shall report to the House a
reconciliation bill carrying out all such recommendations
without substantive revision.
(b) Instructions.--
(1) Committee on Agriculture.--The Committee on
Agriculture shall submit changes in laws within its
jurisdiction sufficient to reduce the deficit by
$8,200,000,000 for the period of fiscal years 2012 and
2013; by $19,700,000,000 for the period of fiscal years
2012 through 2017; and by $33,200,000,000 for the
period of fiscal years 2012 through 2022.
(2) Committee on Energy and Commerce.--The
Committee on Energy and Commerce shall submit changes
in laws within its jurisdiction sufficient to reduce
the deficit by $3,750,000,000 for the period of fiscal
years 2012 and 2013; by $28,430,000,000 for the period
of fiscal years 2012 through 2017; and by
$96,760,000,000 for the period of fiscal years 2012
through 2022.
(3) Committee on Financial Services.--The Committee
on Financial Services shall submit changes in laws
within its jurisdiction sufficient to reduce the
deficit by $3,000,000,000 for the period of fiscal
years 2012 and 2013; by $16,700,000,000 for the period
of fiscal years 2012 through 2017; and by
$29,800,000,000 for the period of fiscal years 2012
through 2022.
(4) Committee on the Judiciary.--The Committee on
the Judiciary shall submit changes in laws within its
jurisdiction sufficient to reduce the deficit by
$100,000,000 for the period of fiscal years 2012 and
2013; by $11,200,000,000 for the period of fiscal years
2012 through 2017; and by $39,700,000,000 for the
period of fiscal years 2012 through 2022.
(5) Committee on Oversight and Government Reform.--
The Committee on Oversight and Government Reform shall
submit changes in laws within its jurisdiction
sufficient to reduce the deficit by $2,200,000,000 for
the period of fiscal years 2012 and 2013; by
$30,100,000,000 for the period of fiscal years 2012
through 2017; and by $78,900,000,000 for the period of
fiscal years 2012 through 2022.
(6) Committee on Ways and Means.--The Committee on
Ways and Means shall submit changes in laws within its
jurisdiction sufficient to reduce the deficit by
$1,200,000,000 for the period of fiscal years 2012 and
2013; by $23,000,000,000 for the period of fiscal years
2012 through 2017; and by $53,000,000,000 for the
period of fiscal years 2012 through 2022.
SEC. 202. DIRECTIVE TO THE COMMITTEE ON THE BUDGET OF THE HOUSE OF
REPRESENTATIVES TO REPLACE THE SEQUESTER
ESTABLISHED BY THE BUDGET CONTROL ACT OF 2011.
(a) Submission.--In the House, the Committee on the Budget
shall report to the House a bill carrying out the directions
set forth in subsection (b).
(b) Directions.--The bill referred to in subsection (a)
shall include the following provisions:
(1) Replacing the sequester established by the
Budget Control Act of 2011--The language shall amend
section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985 to replace the sequester
established under that section consistent with this
concurrent resolution.
(2) Application of provisions--The bill referred to
in subsection (a) shall include language making its
application contingent upon the enactment of the
reconciliation bill referred to in section 201.
Title III--Recommended Levels and Amounts for Fiscal Years 2030, 2040,
AND 2050
SEC. 301. POLICY STATEMENT ON LONG-TERM BUDGETING.
The following are the recommended budget levels for each of
fiscal years 2030, 2040, and 2050 as a percent of the gross
domestic product of the United States:
(1) Federal revenues.--The appropriate levels of
Federal revenues are as follows:
Fiscal year 2030: 19 percent.
Fiscal year 2040: 19 percent.
Fiscal year 2050: 19 percent.
(2) Budget outlays.--The appropriate levels of
total budget outlays are as follows:
Fiscal year 2030: 20.25 percent.
Fiscal year 2040: 18.75 percent.
Fiscal year 2050: 16 percent.
(3) Deficits.--The appropriate amounts of deficits
are as follows:
Fiscal year 2030: 1.25 percent.
Fiscal year 2040: -.25 percent.
Fiscal year 2050: -3 percent.
(4) Debt held by the public.--The appropriate
levels of debt held by the public are as follows:
Fiscal year 2030: 53 percent.
Fiscal year 2040: 38 percent.
Fiscal year 2050: 10 percent.
Title IV--Reserve Funds
SEC. 401. RESERVE FUND FOR THE REPEAL OF THE 2010 HEALTH CARE LAWS.
In the House, the chair of the Committee on the Budget may
revise the allocations, aggregates, and other appropriate
levels in this resolution for the budgetary effects of any bill
or joint resolution, or amendment thereto or conference report
thereon, that repeals the Patient Protection and Affordable
Care Act or the Health Care and Education Reconciliation Act of
2010.
SEC. 402. DEFICIT-NEUTRAL RESERVE FUND FOR THE SUSTAINABLE GROWTH RATE
OF THE MEDICARE PROGRAM.
In the House, the chair of the Committee on the Budget may
revise the allocations, aggregates, and other appropriate
levels in this resolution for the budgetary effects of any bill
or joint resolution, or amendment thereto or conference report
thereon, that includes provisions amending or superseding the
system for updating payments under section 1848 of the Social
Security Act, if such measure would not increase the deficit in
the period of fiscal years 2013 through 2022.
SEC. 403. DEFICIT-NEUTRAL RESERVE FUND FOR REVENUE MEASURES.
In the House, the chair of the Committee on the Budget may
revise the allocations, aggregates, and other appropriate
levels in this resolution for the budgetary effects of any bill
reported by the Committee on Ways and Means, or any amendment
thereto or conference report thereon, that decreases revenue,
but only if such measure would not increase the deficit over
the period of fiscal years 2013 through 2022.
SEC. 404. DEFICIT-NEUTRAL RESERVE FUND FOR RURAL COUNTIES AND SCHOOLS.
In the House, the chair of the Committee on the Budget may
revise the allocations, aggregates, and other appropriate
levels and limits in this resolution for the budgetary effects
of any bill or joint resolution, or amendment thereto or
conference report thereon, that makes changes to the Payments
in Lieu of Taxes Act of 1976 (Public Law 94-565) or makes
changes to or provides for the reauthorization of the Secure
Rural Schools and Community Self Determination Act of 2000
(Public Law 106-393) by the amounts provided by that
legislation for those purposes, if such legislation would not
increase the deficit or direct spending for fiscal year 2013,
the period of fiscal years 2013 through 2017, or the period of
fiscal years 2013 through 2022.
SEC. 405. DEFICIT-NEUTRAL RESERVE FUND FOR
In the House, the chair of the Committee on the Budget may
revise the allocations, aggregates, and other appropriate
levels in this resolution for any bill or joint resolution, or
amendment thereto or conference report thereon, if such measure
maintains the solvency of the Highway Trust Fund, but only if
such measure would not increase the deficit over the period of
fiscal years 2013 through 2022.
Title V--Budget Enforcement
SEC. 501. LIMITATION ON ADVANCE APPROPRIATIONS.
(a) In General.--In the House, except as provided in
subsection (b), any bill or joint resolution, or an amendment
thereto or conference report thereon, making a general
appropriation or continuing appropriation may not provide for
advance appropriations.
(b) Exceptions.--An advance appropriation may be provided
for programs, projects, activities, or accounts referred to in
subsection (c)(1) or identified in the report to accompany this
resolution or the joint explanatory statement of managers to
accompany this resolution under the heading `Accounts
Identified for Advance Appropriations'.
(c) Limitations.--For fiscal year 2014, the aggregate
amount of advance appropriation shall not exceed--
(1) $54,462,000,000 for the following programs in
the Department of Veterans Affairs--
(A) Medical Services;
(B) Medical Support and Compliance; and
(C) Medical Facilities accounts of the
Veterans Health Administration; and
(2) $28,852,000,000 in new budget authority for all
other programs.
(d) Definition.--In this section, the term `advance
appropriation' means any new discretionary budget authority
provided in a bill or joint resolution making general
appropriations or any new discretionary budget authority
provided in a bill or joint resolution making continuing
appropriations for fiscal year 2014.
SEC. 502. CONCEPTS AND DEFINITIONS.
Upon the enactment of any bill or joint resolution
providing for a change in budgetary concepts or definitions,
the chair of the Committee on the Budget may adjust any
appropriate levels and allocations in this resolution
accordingly.
SEC. 503. ADJUSTMENTS OF AGGREGATES AND ALLOCATIONS FOR LEGISLATION.
(a) Enforcement.--For purposes of enforcing this
resolution, the revenue levels shall be those set forth in the
March 2012 Congressional Budget Office baseline. The total
amount of adjustments made under subsection (b) may not cause
revenue levels to be below the levels set forth in paragraph
(1)(A) of section 101 for fiscal year 2013 and for the period
of fiscal years 2013 through 2022.
(b) Adjustments.--(1) The chair of the Committee on the
Budget may adjust the allocations and aggregates of this
concurrent resolution for--
(A) the budgetary effects of measures
extending the Economic Growth and Tax Relief
Reconciliation Act of 2001;
(B) the budgetary effects of measures
extending the Jobs and Growth Tax Relief
Reconciliation Act of 2003;
(C) the budgetary effects of measures that
adjust the Alternative Minimum Tax exemption
amounts to prevent a larger number of taxpayers
as compared with tax year 2008 from being
subject to the Alternative Minimum Tax or of
allowing the use of nonrefundable personal
credits against the Alternative Minimum Tax;
(D) the budgetary effects of extending the
estate, gift, and generation-skipping transfer
tax provisions of title III of the Tax Relief,
Unemployment Insurance Reauthorization, and Job
Creation Act of 2010;
(E) the budgetary effects of measures
providing a 20 percent deduction in income to
small businesses;
(F) the budgetary effects of measures
implementing trade agreements;
(G) the budgetary effects of provisions
repealing the tax increases set forth in the
Patient Protection and Affordable Care Act and
the Health Care and Education Affordability
Reconciliation Act of 2010;
(H) the budgetary effects of provisions
reforming the Patient Protection and Affordable
Care Act and the Health Care and Education
Affordability Reconciliation Act of 2010; and
(I) the budgetary effects of measures
reforming the tax code and lowering tax rates.
(2) A measure does not qualify for adjustments
under paragraph (1)(H) if it--
(A) increases the deficit over the period
of fiscal years 2013 through 2022; or
(B) increases revenues over the period of
fiscal years 2013 through 2022, other than by--
(i) repealing or modifying the
individual mandate (codified as section
5000A of the Internal Revenue Code of
1986); or
(ii) modifying the subsidies to
purchase health insurance (codified as
section 36B of the Internal Revenue
Code of 1986).
(c) Other Adjustments.--If a committee (other than the
Committee on Appropriations) reports a bill or joint
resolution, or an amendment thereto or a conference report
thereon, providing for a decrease in direct spending (budget
authority and outlays flowing therefrom) for any fiscal year
and also provides for an authorization of appropriations for
the same purpose, upon the enactment of such measure, the chair
of the Committee on the Budget may decrease the allocation to
such committee and increase the allocation of discretionary
spending (budget authority and outlays flowing therefrom) to
the Committee on Appropriations for fiscal year 2013 by an
amount equal to the new budget authority (and outlays flowing
therefrom) provided for in a bill or joint resolution making
appropriations for the same purpose.
(d) Determinations.--For the purpose of enforcing this
concurrent resolution on the budget in the House, the
allocations and aggregate levels of new budget authority,
outlays, direct spending, new entitlement authority, revenues,
deficits, and surpluses for fiscal year 2013 and the period of
fiscal years 2013 through fiscal year 2022 shall be determined
on the basis of estimates made by the chair of the Committee on
the Budget and such chair may adjust the applicable levels of
this resolution.
SEC. 504. LIMITATION ON LONG-TERM SPENDING.
(a) In General.--In the House, it shall not be in order to
consider a bill or joint resolution reported by a committee
(other than the Committee on Appropriations), or an amendment
thereto or a conference report thereon, if the provisions of
such measure have the net effect of increasing direct spending
in excess of $5,000,000,000 for any period described in
subsection (b).
(b) Time Periods.--The applicable periods for purposes of
this section are any of the first four consecutive ten fiscal-
year periods beginning with fiscal year 2023.
SEC. 505. BUDGETARY TREATMENT OF CERTAIN TRANSACTIONS.
(a) In General.--Notwithstanding section 302(a)(1) of the
Congressional Budget Act of 1974, section 13301 of the Budget
Enforcement Act of 1990, and section 4001 of the Omnibus Budget
Reconciliation Act of 1989, the joint explanatory statement
accompanying the conference report on any concurrent resolution
on the budget shall include in its allocation under section
302(a) of the Congressional Budget Act of 1974 to the Committee
on Appropriations amounts for the discretionary administrative
expenses of the Social Security Administration and the United
States Postal Service.
(b) Special Rule.--For purposes of applying sections 302(f)
and 311 of the Congressional Budget Act of 1974, estimates of
the level of total new budget authority and total outlays
provided by a measure shall include any off-budget
discretionary amounts.
(c) Adjustments.--The chair of the Committee on the Budget
may adjust allocations and aggregates for legislation reported
by the Committee on Oversight and Government Reform that
reforms the Federal retirement system, but does not cause a net
increase in the deficit for fiscal year 2013 and the period of
fiscal years 2013 to 2022.
SEC. 506. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS AND
AGGREGATES.
(a) Application.--Any adjustments of allocations and
aggregates made pursuant to this resolution shall--
(1) apply while that measure is under
consideration;
(2) take effect upon the enactment of that measure;
and
(3) be published in the Congressional Record as
soon as practicable.
(b) Effect of Changed Allocations and Aggregates.--Revised
allocations and aggregates resulting from these adjustments
shall be considered for the purposes of the Congressional
Budget Act of 1974 as allocations and aggregates included in
this resolution.
(c) Exemptions.--Any legislation for which the chair of the
Committee on the Budget makes adjustments in the allocations or
aggregates of this concurrent resolution shall not be subject
to the points of order set forth in clause 10 of rule XXI of
the Rules of the House of Representatives or section 504.
SEC. 507. CONGRESSIONAL BUDGET OFFICE ESTIMATES.
(a) Fair Value Estimates.--
(1) Request for supplemental estimates.--Upon the
request of the chair or ranking member of the Committee
on the Budget, any estimate prepared for a measure
under the terms of title V of the Congressional Budget
Act of 1974, `credit reform', as a supplement to such
estimate of the Congressional Budget Office shall, to
the extent practicable, also provide an estimate of the
current actual or estimated market values representing
the `fair value' of assets and liabilities affected by
such measure.
(2) Enforcement.--If the Congressional Budget
Office provides an estimate pursuant to subsection (a),
the chair of the Committee on the Budget may use such
estimate to determine compliance with the Congressional
Budget Act of 1974 and other budgetary enforcement
controls.
(b) Budgetary Effects of the National Flood Insurance
Program.--The Congressional Budget Office shall estimate the
change in net income to the National Flood Insurance Program by
this Act if such income is included in a reconciliation bill
provided for in section 201, as if such income were deposited
in the general fund of the Treasury.
SEC. 508. BUDGET RULE RELATING TO TRANSFERS FROM THE GENERAL FUND OF
THE TREASURY TO THE HIGHWAY TRUST FUND THAT
INCREASE PUBLIC INDEBTEDNESS.
For purposes of the Congressional Budget Act of 1974, the
Balanced Budget and Emergency Deficit Control Act of 1985, or
the Rules of the House of Representatives, a bill or joint
resolution, or an amendment thereto or conference report
thereon, or any Act that transfers funds from the general fund
of the Treasury to the Highway Trust Fund shall be counted as
new budget authority and outlays equal to the amount of the
transfer in the fiscal year the transfer occurs.
SEC. 509. SEPARATE ALLOCATION FOR OVERSEAS CONTINGENCY OPERATIONS/
GLOBAL WAR ON TERRORISM.
(a) Allocation.--In the House, there shall be a separate
allocation to the Committee on Appropriations for overseas
contingency operations and the global war on terrorism. For
purposes of enforcing such separate allocation under section
302(f) of the Congressional Budget Act of 1974, the `first
fiscal year' and the `total of fiscal years' shall be deemed to
refer to fiscal year 2013. Such separate allocation shall be
the exclusive allocation for overseas contingency operations
and the global war on terrorism under section 302(a) of such
Act. Section 302(c) of such Act does not apply to such separate
allocation. The Committee on Appropriations may provide
suballocations of such separate allocation under section 302(b)
of such Act. Spending that counts toward the allocation
established by this section shall be designated pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(b) Adjustment.--In the House, for purposes of subsection
(a) for fiscal year 2013, no adjustment shall be made under
section 314(a) of the Congressional Budget Act of 1974 if any
adjustment would be made under section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 510. EXERCISE OF RULEMAKING POWERS.
(a) In General.--The House adopts the provisions of this
title--
(1) as an exercise of the rulemaking power of the
House of Representatives and as such they shall be
considered as part of the rules of the House of
Representatives, and these rules shall supersede other
rules only to the extent that they are inconsistent
with other such rules; and
(2) with full recognition of the constitutional
right of the House of Representatives to change those
rules at any time, in the same manner, and to the same
extent as in the case of any other rule of the House of
Representatives.
(b) Limitation on Application.--The following provisions of
H. Res. 5 (112th Congress) shall no longer have force or
effect:
(1) Section 3(e) relating to advance
appropriations.
(2) Section 3(f) relating to the treatment of off-
budget administrative expenses.
Title VI--Policy
SEC. 601. POLICY STATEMENT ON MEDICARE.
(a) Findings.--The House finds the following:
(1) More than 50 million Americans depend on
Medicare for their health security.
(2) The Medicare Trustees Report has repeatedly
recommended that Medicare's long-term financial
challenges be addressed soon. Each year without reform,
the financial condition of Medicare becomes more
precarious and the threat to those in and near
retirement becomes more pronounced. According to the
Congressional Budget Office--
(A) the Hospital Insurance Trust Fund will
be exhausted in 2022 and unable to pay
scheduled benefits; and
(B) Medicare spending is growing faster
than the economy and Medicare outlays are
currently rising at a rate of 6.3 percent per
year, and under the Congressional Budget
Office's alternative fiscal scenario, direct
spending on Medicare is projected to reach 7
percent of GDP by 2035 and 14 percent of GDP by
2085.
(3) Failing to address this problem will leave
millions of American seniors without adequate health
security and younger generations burdened with enormous
debt to pay for spending levels that cannot be
sustained.
(b) Policy on Medicare Reform.--It is the policy of this
resolution to protect those in and near retirement from any
disruptions to their Medicare benefits and offer future
beneficiaries the same health care options available to Members
of Congress.
(c) Assumptions.--This resolution assumes reform of the
Medicare program such that:
(1) Current Medicare benefits are preserved for
those in and near retirement, without changes.
(2) For future generations, when they reach
eligibility, Medicare is reformed to provide a premium
support payment and a selection of guaranteed health
coverage options from which recipients can choose a
plan that best suits their needs.
(3) Medicare will provide additional assistance for
lower-income beneficiaries and those with greater
health risks.
(4) Medicare spending is put on a sustainable path
and the Medicare program becomes solvent over the long-
term.
SEC. 602. POLICY STATEMENT ON SOCIAL SECURITY.
(a) Findings.--The House finds the following:
(1) More than 55 million retirees, individuals with
disabilities, and survivors depend on Social Security.
Since enactment, Social Security has served as a vital
leg on the `three-legged stool' of retirement security,
which includes employer provided pensions as well as
personal savings.
(2) The Social Security Trustees report has
repeatedly recommended that Social Security's long-term
financial challenges be addressed soon. Each year
without reform, the financial condition of Social
Security becomes more precarious and the threat to
seniors and those receiving Social Security disability
benefits becomes more pronounced:
(A) In 2016, according to the Congressional
Budget Office, the Federal Disability Insurance
Trust Fund will be exhausted and will be unable
to pay scheduled benefits.
(B) In 2036, according to the Social
Security Trustees Report the combined Federal
Old-Age and Survivors Insurance Trust Fund and
Federal Disability Insurance Trust Fund will be
exhausted, and will be unable to pay scheduled
benefits.
(C) With the exhaustion of the trust funds
in 2036, benefits will be cut 23 percent across
the board, devastating those currently in or
near retirement and those who rely on Social
Security the most.
(3) The current recession has exacerbated the
crisis to Social Security. The Congressional Budget
Office continues to project permanent cash deficits.
(4) Lower-income Americans rely on Social Security
for a larger proportion of their retirement income.
Therefore, reforms should take into consideration the
need to protect lower-income Americans' retirement
security.
(5) Americans deserve action by their elected
officials on Social Security reform. It is critical
that the Congress and the administration work together
in a bipartisan fashion to address the looming
insolvency of Social Security. In this spirit, this
resolution creates a bipartisan opportunity to find
solutions by requiring policymakers to ensure that
Social Security remains a critical part fo the safety
net.
(b) Policy on Social Security.--It is the policy of this
resolution that Congress should work on a bipartisan basis to
make Social Security permanently solvent. This resolution
assumes reform of a current law trigger, such that--
(1)(A) if in any year the Board of Trustees of the
Federal Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund in its
annual Trustees' Report determines that the 75-year
actuarial balance of the Social Security Trust Funds is
in deficit, and the annual balance of the Social
Security Trust Funds in the 75th year is in deficit,
the Board of Trustees should, not later than September
30 of the same calendar year, submit to the President
recommendations for statutory reforms necessary to
achieve a positive 75-year actuarial balance and a
positive annual balance in the 75th year; and
(B) such recommendations provided to the
President should be agreed upon by both Public
Trustees of the Board of Trustees;
(2)(A) not later than December 1 of the same
calendar year in which the Board of Trustees submits
its recommendations, the President shall promptly
submit implementing legislation to both Houses of
Congress, including recommendations necessary to
achieve a positive 75-year actuarial balance and a
positive annual balance in the 75th year; and
(B) the Majority Leader of the Senate and
the Majority Leader of the House should
introduce such legislation upon receipt;
(3) within 60 days of the President submitting
legislation, the committees of jurisdiction to which
the legislation has been referred should report such
legislation, which should be considered by the full
House or Senate under expedited procedures; and
(4) legislation submitted by the President should--
(A) protect those in and near retirement;
(B) preserve the safety net for those who
rely on Social Security, including survivors
and those with disabilities;
(C) improve fairness for participants; and
(D) reduce the burden on, and provide
certainty for, future generations.
SEC. 603. POLICY STATEMENT ON DEFICIT REDUCTION THROUGH THE
CANCELLATION OF UNOBLIGATED BALANCES.
(a) Findings.--The House finds the following:
(1) According to the Office of Management and
Budget, Federal agencies will hold $698 billion in
unobligated balances at the close of fiscal year 2013.
(2) These funds represent direct and discretionary
spending made available by Congress that remain
available for expenditure beyond the fiscal year for
which they are provided.
(3) In some cases, agencies are granted funding and
it remains available for obligation indefinitely.
(4) The Congressional Budget and Impoundment
Control Act of 1974 requires the Office of Management
and Budget to make funds available to agencies for
obligation and prohibits the Administration from
withholding or cancelling unobligated funds unless
approved by an act of Congress.
(5) Greater congressional oversight is required to
review and identify potential savings from unneeded
balances of funds.
(b) Policy on Deficit Reduction Through the Cancellation of
Unobligated Balances.--Congressional committees shall through
their oversight activities identify and achieve savings through
the cancellation or rescission of unobligated balances that
neither abrogate contractual obligations of the Federal
Government nor reduce or disrupt Federal commitments under
programs such as Social Security, veterans' affairs, national
security, and Treasury authority to finance the national debt.
(c) Deficit Reduction.--Congress, with the assistance of
the Government Accountability Office, the Inspectors General,
and other appropriate agencies should make it a high priority
to review unobligated balances and identify savings for deficit
reduction.
SEC. 604. RECOMMENDATIONS FOR THE ELIMINATION OF WASTE, FRAUD, AND
ABUSE IN FEDERAL PROGRAMS.
(a) Findings.--The House finds the following:
(1) The Government Accountability Office is
required by law to identify examples of waste,
duplication, and overlap in Federal programs, and has
so identified dozens of such examples.
(2) In testimony before the Committee on Oversight
and Government Reform, the Comptroller General has
stated that addressing the identified waste,
duplication, and overlap in Federal programs `could
potentially save tens of billions of dollars'.
(3) The Rules of the House of Representatives
require each standing committee to hold at least one
hearing every four months on waste, fraud, abuse, or
mismanagement in Government programs.
(4) The findings resulting from congressional
oversight of Federal Government programs should result
in programmatic changes in both authorizing statutes
and program funding levels.
(b) Policy on Deficit Reduction Through the Reduction of
Unnecessary and Wasteful Spending.--Each authorizing committee
annually shall include in its Views and Estimates letter
required under section 301(d) of the Congressional Budget Act
of 1974 recommendations to the Committee on the Budget of
programs within the jurisdiction of such committee whose
funding should be reduced or eliminated. Such recommendations
shall be made publicly available.
Appendix G
The Constitution of the United States
Article I, Section 7, First Clause \130\
All Bills for raising Revenue shall originate in the House
of Representatives; but the Senate may propose or concur with
Amendments as on other Bills.\131\
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\130\ Revenue Bills: The insertion of this clause was another of
the devices sanctioned by the Framers to preserve and enforce the
separation of powers. It applies, in the context of the permissibility
of Senate amendments to a House-passed bill, to all bills for
collecting revenue--revenue decreasing as well as revenue increasing--
rather than simply to just those bills that increase revenue.
\131\ Appropriations Act: The Article of the Constitution extends
to Appropriation Acts, which must also originate in the House of
Representatives. Any bill providing for an appropriation of funds must
begin its consideration in the House or it will be ``blue slipped'' and
returned to the Senate without House consideration.
Article I, Section 8, First Clause \132\
The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for
the common Defense and general Welfare of the United States;
but all Duties, Imposts and Excises shall be uniform throughout
the United States;
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\132\ Kinds of Taxes Permitted: By the terms of the Constitution,
the power of Congress to levy taxes is subject to but one exception and
two qualifications. Articles exported from any State may not be taxed
at all. Direct taxes must be levied by the rule of apportionment and
indirect taxes by the rule of uniformity. The Court has emphasized the
sweeping character of this power by saying from time to time that it
``reaches every subject,'' that it is ``exhaustive'' or that it
``embraces every conceivable power of taxation.'' Despite these
generalizations, the power has been at times substantially curtailed by
judicial decision with respect to the subject matter of taxation, the
manner in which taxes are imposed, and the objects for which they may
be levied.
Article I, Section 8, Second Clause \133\
To borrow Money on the credit of the United States; Article
I, Section 9, Seventh Clause.\134\
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\133\ Purposes Served by the Grant: This clause serves a two-fold
purpose: it is the direct source of the most important powers that the
Federal Government exercises in peacetime, and, except for the due
process and equal protection clauses of the Fourteenth Amendment, it is
the most important limitation imposed by the Constitution on the
exercise of state power. The latter, restrictive operation of the
clause was long the more important one from the point of view of the
constitutional lawyer. Of the approximately 1400 cases that reached the
Supreme Court under the clause prior to 1900, the overwhelming
proportion stemmed from state legislation. The result was that,
generally, the guiding lines in construction of the clause were
initially laid down in the context of curbing state power rather than
in that of its operation as a source of national power. The consequence
of this historical progression was that the word ``commerce'' came to
dominate the clause while the word ``regulate'' remained in the
background. The so-called ``constitutional revolution'' of the 1930s,
however, brought the latter word to its present prominence.
\134\ Appropriations: This clause is a limitation upon the power of
the Executive Department and does not restrict Congress in
appropriating moneys in the Treasury. That body may recognize and pay a
claim of an equitable, moral, or honorary nature. When it directs a
specific sum to be paid to a certain person, neither the Secretary of
the Treasury nor any court has discretion to determine whether the
person is entitled to receive it. In making appropriations to pay
claims arising out of the Civil War, Congress could, the Court held,
lawfully provide that certain persons, i.e., those who had aided the
Rebellion, should not be paid out of the funds made available by the
general appropriation, but that such persons should seek relief from
Congress. The Court has also recognized that Congress has a wide
discretion with regard to the extent to which it shall prescribe
details of expenditures for which it appropriates funds and has
approved the frequent practice of making general appropriations of
large amounts to be allotted and expended as directed by designated
government agencies. Citing as an example that act of June 17, 1902,
where all moneys received from the sale and disposal of public lands in
a large number of States and territories were set aside as a special
fund to be expended under the direction of the Secretary of the
Interior upon such projects as he determined to be practicable and
advisable for the reclamation of arid and semi-arid lands within those
States and territories, the Court declared: ``The constitutionality of
this delegation of authority has never been seriously questioned.''
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No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular
Statement and Account of the Receipts and Expenditures of all
public Money shall be published from time to time.
Amendment XVI \135\
The Congress shall have power to lay and collect taxes on
incomes, from whatever source derived, without apportionment
among the several States, and without regard to any census or
enumeration.\136\
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\135\ History and Purpose of the Amendment: The ratification of
this Amendment was the direct consequence of the Court's decision in
1895 in Pollock v. Farmers' Loan & Trust Co., whereby the attempt of
Congress the previous year to tax incomes uniformly throughout the
United States was held by a divided court to be unconstitutional. A tax
on incomes derived from property, the Court declared, was a ``direct
tax'' which Congress under the terms of Article I, Sec. 2, and Sec. 9,
could impose only by the rule of apportionment according to population,
although scarcely fifteen years prior the Justices had unanimously
sustained the collection of a similar tax during the Civil War, the
only other occasion preceding the Sixteenth Amendment in which Congress
had ventured to utilize this method of raising revenue
During the interim between the Pollock decision in 1895 and the
ratification of the Sixteenth Amendment in 1913, the Court gave
evidence of a greater awareness of the dangerous consequences to
national solvency which that holding threatened, and partially
circumvented the threat, either by taking refuge in redefinitions of
``direct tax'' or, and more especially, by emphasizing, virtually to
the exclusion of the former, the history of excise taxation.
\136\ Passed by Congress July 2, 1909. Ratified February 3, 1913,
Amendment XVI modified Article I, section 9, of the Constitution.
Appendix H
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
Title VIII--Cost Containment
subtitle a--cost containment \137\
SEC. 801. INCLUSION IN ANNUAL REPORT OF MEDICARE TRUSTEES OF
INFORMATION ON STATUS OF MEDICARE TRUST FUNDS.
(a) Determinations of Excess General Revenue Medicare
Funding.--
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\137\ Subtitle A of Title VIII of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 is commonly known as the
``Medicare Trigger.'' On July 24, 2008, the House adopted H. Res. 1368
(110th Congress) which suspended its application for the remainder of
the 110th Congress. On January 6, 2009, the House adopted H. Res. 5
(111th Congress) which suspended its application for the entirety of
the 111th Congress.
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(1) In general.--The Board of Trustees of each
medicare trust fund shall include in the annual reports
submitted under subsection (b)(2) of sections 1817 and
1841 of the Social Security Act (42 U.S.C. 1395i and
1395t)--
(A) the information described in subsection
(b); and
(B) a determination as to whether there is
projected to be excess general revenue medicare
funding (as defined in subsection (c)) for the
fiscal year in which the report is submitted or
for any of the succeeding 6 fiscal years.
(2) Medicare funding warning.--For purposes of
section 1105(h) of title 31, United States Code, and
this subtitle, an affirmative determination under
paragraph (1)(B) in 2 consecutive annual reports shall
be treated as a medicare funding warning in the year in
which the second such report is made.
(3) 7-Fiscal year reporting period.--For purposes
of this subtitle, the term ``7-fiscal-year reporting
period'' means, with respect to a year in which an
annual report described in paragraph (1) is made, the
period of 7 consecutive fiscal years beginning with the
fiscal year in which the report is submitted.
(b) Information.--The information described in this
subsection for an annual report in a year is as follows:
(1) Projections of growth of general revenue
spending.--A statement of the general revenue medicare
funding as a percentage of the total medicare outlays
for each of the following:
(A) Each fiscal year within the 7-fiscal-
year reporting period.
(B) Previous fiscal years and as of 10, 50,
and 75 years after such year.
(2) Comparison with other growth trends.--A
comparison of the trend of such percentages with the
annual growth rate in the following:
(A) The gross domestic product.
(B) Private health costs.
(C) National health expenditures.
(D) Other appropriate measures.
(3) Part D spending.--Expenditures, including
trends in expenditures, under part D of title XVIII of
the Social Security Act, as added by section 101.
(4) Combined medicare trust fund analysis.--A
financial analysis of the combined medicare trust funds
if general revenue medicare funding were limited to the
percentage specified in subsection (c)(1)(B) of total
medicare outlays.
(c) Definitions.--For purposes of this section:
(1) Excess general revenue medicare funding.--The
term ``excess general revenue medicare funding'' means,
with respect to a fiscal year, that--
(A) general revenue medicare funding (as
defined in paragraph (2)), expressed as a
percentage of total medicare outlays (as
defined in paragraph (4)) for the fiscal year;
exceeds
(B) 45 percent.
(2) General revenue medicare funding.--The term
``general revenue medicare funding'' means for a year--
(A) the total medicare outlays (as defined
in paragraph (4)) for the year; minus
(B) the dedicated medicare financing
sources (as defined in paragraph (3)) for the
year.
(3) Dedicated medicare financing sources.--The term
``dedicated medicare financing sources'' means the
following:
(A) Hospital insurance tax.--Amounts
appropriated to the Hospital Insurance Trust
Fund under the third sentence of section
1817(a) of the Social Security Act (42 U.S.C.
1395i(a)) and amounts transferred to such Trust
Fund under section 7(c)(2) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231f(c)(2)).
(B) Taxation of certain oasdi benefits.--
Amounts appropriated to the Hospital Insurance
Trust Fund under section 121(e)(1)(B) of the
Social Security Amendments of 1983 (Public Law
98-21), as inserted by section 13215(c) of the
Omnibus Budget Reconciliation Act of 1993
(Public Law 103-66).
(C) State transfers.--The State share of
amounts paid to the Federal Government by a
State under section 1843 of the Social Security
Act (42 U.S.C. 1395v) or pursuant to section
1935(c) of such Act.
(D) Premiums.--The following premiums:
(i) Part A.--Premiums paid by non-
Federal sources under sections 1818 and
section 1818A (42 U.S.C. 1395i-2 and
1395i-2a) of such Act.
(ii) Part B.--Premiums paid by non-
Federal sources under section 1839 of
such Act (42 U.S.C. 1395r), including
any adjustments in premiums under such
section.
(iii) Part D.--Monthly beneficiary
premiums paid under part D of title
XVIII of such Act, as added by section
101, and MA monthly prescription drug
beneficiary premiums paid under part C
of such title insofar as they are
attributable to basic prescription drug
coverage.
Premiums under clauses (ii) and (iii) shall be
determined without regard to any reduction in such
premiums attributable to a beneficiary rebate under
section 1854(b)(1)(C) of such title, as amended by
section 222(b)(1), and premiums under clause (iii) are
deemed to include any amounts paid under section 1860D-
13(b) of such title, as added by section 101.
(E) Gifts.--Amounts received by the
medicare trust funds under section 201(i) of
the Social Security Act (42 U.S.C. 401(i)).
(4) Total medicare outlays.--The term ``total
medicare outlays'' means total outlays from the
medicare trust funds and shall--
(A) include payments made to plans under
part C of title XVIII of the Social Security
Act that are attributable to any rebates under
section 1854(b)(1)(C) of such Act (42 U.S.C.
1395w-24(b)(1)(C)), as amended by section
222(b)(1);
(B) include administrative expenditures
made in carrying out title XVIII of such Act
and Federal outlays under section 1935(b) of
such Act, as added by section 103(a)(2); and
(C) offset outlays by the amount of fraud
and abuse collections insofar as they are
applied or deposited into a medicare trust
fund.
(5) Medicare trust fund.--The term ``medicare trust
fund'' means--
(A) the Federal Hospital Insurance Trust
Fund established under section 1817 of the
Social Security Act (42 U.S.C. 1395i); and
(B) the Federal Supplementary Medical
Insurance Trust Fund established under section
1841 of such Act (42 U.S.C. 1395t), including
the Medicare Prescription Drug Account under
such Trust Fund.
(d) Conforming Amendments.--
(1) Federal hospital insurance trust fund.--Section
1817(b)(2) (42 U.S.C. 1395i(b)(2)) is amended by adding
at the end the following: ``Each report provided under
paragraph (2) beginning with the report in 2005 shall
include the information specified in section 801(a) of
the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003.''.
(2) Federal supplementary medical insurance trust
fund.--Section 1841(b)(2) (42 U.S.C. 1395t(b)(2)) is
amended by adding at the end the following: ``Each
report provided under paragraph (2) beginning with the
report in 2005 shall include the information specified
in section 801(a) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003.''.
(e) Notice of Medicare Funding Warning.--Whenever any
report described in subsection (a) contains a determination
that for any fiscal year within the 7-fiscal-year reporting
period there will be excess general revenue medicare funding,
Congress and the President should address the matter under
existing rules and procedures.
SEC. 802. PRESIDENTIAL SUBMISSION OF LEGISLATION.
(a) In General.--Section 1105 of title 31, United States
Code, is amended by adding at the end the following new
subsection:
``(h)(1) If there is a medicare funding warning under
section 801(a)(2) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 made in a year, the
President shall submit to Congress, within the 15-day period
beginning on the date of the budget submission to Congress
under subsection (a) for the succeeding year, proposed
legislation to respond to such warning.
``(2) Paragraph (1) does not apply if, during the
year in which the warning is made, legislation is
enacted which eliminates excess general revenue
medicare funding (as defined in section 801(c) of the
Medicare Prescription Drug, Improvement, and
Modernization Act of 2003) for the 7-fiscal-year
reporting period, as certified by the Board of Trustees
of each medicare trust fund (as defined in section
801(c)(5) of such Act) not later than 30 days after the
date of the enactment of such legislation.''.
(b) Sense of Congress.--It is the sense of Congress that
legislation submitted pursuant to section 1105(h) of title 31,
United States Code, in a year should be designed to eliminate
excess general revenue medicare funding (as defined in section
801(c)) for the 7-fiscal-year period that begins in such year.
SEC. 803. PROCEDURES IN THE HOUSE OF REPRESENTATIVES.
(a) Introduction and Referral of President's Legislative
Proposal.--
(1) Introduction.--In the case of a legislative
proposal submitted by the President pursuant to section
1105(h) of title 31, United States Code, within the 15-
day period specified in paragraph (1) of such section,
the Majority Leader of the House of Representatives (or
his designee) and the Minority Leader of the House of
Representatives (or his designee) shall introduce such
proposal (by request), the title of which is as
follows: ``A bill to respond to a medicare funding
warning.'' Such bill shall be introduced within 3
legislative days after Congress receives such proposal.
(2) Referral.--Any legislation introduced pursuant
to paragraph (1) shall be referred to the appropriate
committees of the House of Representatives.
(b) Direction to the Appropriate House Committees.--
(1) In general.--In the House, in any year during
which the President is required to submit proposed
legislation to Congress under section 1105(h) of title
31, United States Code, the appropriate committees
shall report medicare funding legislation by not later
than June 30 of such year.
(2) Medicare funding legislation.--For purposes of
this section, the term ``medicare funding legislation''
means--
(A) legislation introduced pursuant to
subsection (a)(1), but only if the legislative
proposal upon which the legislation is based
was submitted within the 15-day period referred
to in such subsection; or
(B) any bill the title of which is as
follows: ``A bill to respond to a medicare
funding warning.''.
(3) Certification.--With respect to any medicare
funding legislation or any amendment to such
legislation to respond to a medicare funding warning,
the chairman of the Committee on the Budget of the
House shall certify--
(A) whether or not such legislation
eliminates excess general revenue medicare
funding (as defined in section 801(c)) for each
fiscal year in the 7-fiscal-year reporting
period; and
(B) with respect to such an amendment,
whether the legislation, as amended, would
eliminate excess general revenue medicare
funding (as defined in section 801(c)) for each
fiscal year in such 7-fiscal-year reporting
period.
(c) Fallback Procedure for Floor Consideration if the House
Fails to Vote on Final Passage by July 30.--
(1) After July 30 of any year during which the
President is required to submit proposed legislation to
Congress under section 1105(h) of title 31, United
States Code, unless the House of Representatives has
voted on final passage of any medicare funding
legislation for which there is an affirmative
certification under subsection (b)(3)(A), then, after
the expiration of not less than 30 calendar days (and
concurrently 5 legislative days), it is in order to
move to discharge any committee to which medicare
funding legislation which has such a certification and
which has been referred to such committee for 30
calendar days from further consideration of the
legislation.
(2) A motion to discharge may be made only by an
individual favoring the legislation, may be made only
if supported by one-fifth of the total membership of
the House (a quorum being present), and is highly
privileged in the House. Debate thereon shall be
limited to not more than one hour, the time to be
divided in the House equally between those favoring and
those opposing the motion. 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.
(3) Only one motion to discharge a particular
committee may be adopted under this subsection in any
session of a Congress.
(4) Notwithstanding paragraph (1), it shall not be
in order to move to discharge a committee from further
consideration of medicare funding legislation pursuant
to this subsection during a session of a Congress if,
during the previous session of the Congress, the House
passed medicare funding legislation for which there is
an affirmative certification under subsection
(b)(3)(A).
(d) Floor Consideration in the House of Discharged
Legislation.--
(1) In the House, not later than 3 legislative days
after any committee has been discharged from further
consideration of legislation under subsection (c), the
Speaker shall resolve the House into the Committee of
the Whole for consideration of the legislation.
(2) The first reading of the legislation shall be
dispensed with. All points of order against
consideration of the legislation are waived. General
debate shall be confined to the legislation and shall
not exceed five hours, which shall be divided equally
between those favoring and those opposing the
legislation. After general debate the legislation shall
be considered for amendment under the five-minute rule.
During consideration of the legislation, no amendments
shall be in order in the House or in the Committee of
the Whole except those for which there has been an
affirmative certification under subsection (b)(3)(B).
All points of order against consideration of any such
amendment in the Committee of the Whole are waived. The
legislation, together with any amendments which shall
be in order, shall be considered as read. During the
consideration of the bill for amendment, the Chairman
of the Committee of the Whole may accord priority in
recognition on the basis of whether the Member offering
an amendment has caused it to be printed in the portion
of the Congressional Record designated for that purpose
in clause 8 of Rule XVIII of the Rules of the House of
Representatives. Debate on any amendment shall not
exceed one hour, which shall be divided equally between
those favoring and those opposing the amendment, and no
pro forma amendments shall be offered during the
debate. The total time for debate on all amendments
shall not exceed 10 hours. At the conclusion of
consideration of the legislation for amendment, the
Committee shall rise and report the legislation to the
House with such amendments as may have been adopted.
The previous question shall be considered as ordered on
the legislation and amendments thereto to final passage
without intervening motion except one motion to
recommit with or without instructions. If the Committee
of the Whole rises and reports that it has come to no
resolution on the bill, then on the next legislative
day the House shall, immediately after the third daily
order of business under clause 1 of Rule XIV of the
Rules of the House of Representatives, resolve into the
Committee of the Whole for further consideration of the
bill.
(3) All appeals from the decisions of the Chair
relating to the application of the Rules of the House
of Representatives to the procedure relating to any
such legislation shall be decided without debate.
(4) Except to the extent specifically provided in
the preceding provisions of this subsection,
consideration of any such legislation and amendments
thereto (or any conference report thereon) shall be
governed by the Rules of the House of Representatives
applicable to other bills and resolutions, amendments,
and conference reports in similar circumstances.
(e) Legislative Day Defined.--As used in this section, the
term ``legislative day'' means a day on which the House of
Representatives is in session.
(f) Restriction on Waiver.--In the House, the provisions of
this section may be waived only by a rule or order proposing
only to waive such provisions.
(g) Rulemaking Power.--The provisions of this section are
enacted by the Congress--
(1) as an exercise of the rulemaking power of the
House of Representatives and, as such, shall be
considered as part of the rules of that House and shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the constitutional
right of that House to change the rules (so far as they
relate to the procedures of that House) at any time, in
the same manner, and to the same extent as in the case
of any other rule of that House.
SEC. 804. PROCEDURES IN THE SENATE.
(a) Introduction and Referral of President's Legislative
Proposal.--
(1) Introduction.--In the case of a legislative
proposal submitted by the President pursuant to section
1105(h) of title 31, United States Code, within the 15-
day period specified in paragraph (1) of such section,
the Majority Leader and Minority Leader of the Senate
(or their designees) shall introduce such proposal (by
request), the title of which is as follows: ``A bill to
respond to a medicare funding warning.'' Such bill
shall be introduced within 3 days of session after
Congress receives such proposal.
(2) Referral.--Any legislation introduced pursuant
to paragraph (1) shall be referred to the Committee on
Finance.
(b) Medicare Funding Legislation.--For purposes of this
section, the term ``medicare funding legislation'' means--
(1) legislation introduced pursuant to subsection
(a)(1), but only if the legislative proposal upon which
the legislation is based was submitted within the 15-
day period referred to in such subsection; or
(2) any bill the title of which is as follows: ``A
bill to respond to a medicare funding warning.''.
(c) Qualification for Special Procedures.--
(1) In general.--The special procedures set forth
in subsections (d) and (e) shall apply to medicare
funding legislation, as described in subsection (b),
only if the legislation--
(A) is medicare funding legislation that is
passed by the House of Representatives; or
(B) contains matter within the jurisdiction
of the Committee on Finance in the Senate.
(2) Failure to qualify for special procedures.--If
the medicare funding legislation does not satisfy
paragraph (1), then the legislation shall be considered
under the ordinary procedures of the Standing Rules of
the Senate.
(d) Discharge.--
(1) In general.--If the Committee on Finance has
not reported medicare funding legislation described in
subsection (c)(1) by June 30 of a year in which the
President is required to submit medicare funding
legislation to Congress under section 1105(h) of title
31, United States Code, then any Senator may move to
discharge the Committee of any single medicare funding
legislation measure. Only one such motion shall be in
order in any session of Congress.
(2) Debate limits.--Debate in the Senate on any
such motion to discharge, and all appeals in connection
therewith, shall be limited to not more than 2 hours.
The time shall be equally divided between, and
controlled by, the maker of the motion and the Majority
Leader, or their designees, except that in the event
the Majority Leader is in favor of such motion, the
time in opposition thereto shall be controlled by the
Minority Leader or the Minority Leader's designee. A
point of order under this subsection may be made at any
time. It is not in order to move to proceed to another
measure or matter while such motion (or the motion to
reconsider such motion) is pending.
(3) Amendments.--No amendment to the motion to
discharge shall be in order.
(4) Exception if certified legislation enacted.--
Notwithstanding paragraph (1), it shall not be in order
to discharge the Committee from further consideration
of medicare funding legislation pursuant to this
subsection during a session of a Congress if the
chairman of the Committee on the Budget of the Senate
certifies that medicare funding legislation has been
enacted that eliminates excess general revenue medicare
funding (as defined in section 801(c)) for each fiscal
year in the 7-fiscal-year reporting period.
(e) Consideration.--After the date on which the Committee
on Finance has reported medicare funding legislation described
in subsection (c)(1), or has been discharged (under subsection
(d)) from further consideration of, such legislation, 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 such legislation.
(f) Rules of the Senate.--This section is enacted by the
Senate--
(1) as an exercise of the rulemaking power of the
Senate and as such it is deemed a part of the rules of
the Senate, but applicable only with respect to the
procedure to be followed in the Senate in the case of a
bill described in this paragraph, and it supersedes
other rules only to the extent that it is inconsistent
with such rules; and
(2) with full recognition of the constitutional
right of the Senate to change the rules (so far as
relating to the procedure of the Senate) at any time,
in the same manner, and to the same extent as in the
case of any other rule of the Senate.