[House Prints 113-CP]
[From the U.S. Government Publishing Office]
113th Congress
2d Session HOUSE OF REPRESENTATIVES Serial No.
CP-2
_______________________________________________________________________
[COMMITTEE PRINT]
BIPARTISAN BUDGET ACT
OF 2013
----------
C O M M I T T E E P R I N T
of the
COMMITTEE ON THE BUDGET
U.S. House of Representatives
BIPARTISAN BUDGET ACT OF 2013
113th Congress
2d Session HOUSE OF REPRESENTATIVES Serial No.
CP-2
_______________________________________________________________________
[COMMITTEE PRINT]
BIPARTISAN BUDGET ACT
OF 2013
__________
C O M M I T T E E P R I N T
of the
COMMITTEE ON THE BUDGET
U.S. House of Representatives
U.S. GOVERNMENT PRINTING OFFICE
86-374 WASHINGTON : 2014
-----------------------------------------------------------------------
For sale by the Superintendent of Documents, U.S. Government Printing Office,
http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202�09512�091800, or 866�09512�091800 (toll-free). E-mail, [email protected].
COMMITTEE ON THE BUDGET
PAUL RYAN, Wisconsin, Chairman
TOM PRICE, Georgia CHRIS VAN HOLLEN, Maryland,
SCOTT GARRETT, New Jersey Ranking Minority Member
JOHN CAMPBELL, California JOHN A. YARMUTH, Kentucky
KEN CALVERT, California BILL PASCRELL, Jr., New Jersey
TOM COLE, Oklahoma TIM RYAN, Ohio
TOM McCLINTOCK, California GWEN MOORE, Wisconsin
JAMES LANKFORD, Oklahoma KATHY CASTOR, Florida
DIANE BLACK, Tennessee JIM McDERMOTT, Washington
REID J. RIBBLE, Wisconsin BARBARA LEE, California
BILL FLORES, Texas HAKEEM S. JEFFRIES, New York
TODD ROKITA, Indiana MARK POCAN, Wisconsin
ROB WOODALL, Georgia MICHELLE LUJAN GRISHAM, New Mexico
MARSHA BLACKBURN, Tennessee JARED HUFFMAN, California
ALAN NUNNELEE, Mississippi TONY CARDENAS, California
E. SCOTT RIGELL, Virginia EARL BLUMENAUER, Oregon
VICKY HARTZLER, Missouri KURT SCHRADER, Oregon
JACKIE WALORSKI, Indiana [Vacant]
LUKE MESSER, Indiana [Vacant]
TOM RICE, South Carolina
ROGER WILLIAMS, Texas
SEAN P. DUFFY, Wisconsin
Professional Staff
Austin Smythe, Staff Director
Thomas S. Kahn, Minority Staff Director
C O N T E N T S
Page
Introduction..................................................... 1
Legislative History.............................................. 3
Section by Section Description................................... 7
Tables:
Aggregates and Allocations for the House of Representatives.. 29
Aggregates and Allocations for the Senate.................... 34
Changes in Existing Law.......................................... 41
Estimate of the Congressional Budget Office...................... 101
Legislative Background Material:
Resolution Text of H. Con. Res. 25........................... 111
Selected Provisions of the Report on H. Con. Res. 25......... 146
Resolution Text of S. Con. Res. 8............................ 157
Selected Provisions of the Committee Print on S. Con. Res. 8. 213
Resolution Text of H. Res. 438............................... 221
Selected Provisions of the Report on H. Res. 438............. 223
Legislative Text of H. J. Res. 59............................ 225
Legislative Text of H.R. 3547................................ 257
Appendices:
Appendix A: Colloquies During Debate on H. J. Res. 59........ 261
Appendix B: Statements for the Congressional Record.......... 271
Appendix C: List of Conferees for the Conference Committee on
S. Con. Res. 8............................................. 273
Appendix D: Updated Portions of the Compilation of Budget
Laws....................................................... 275
tables
Table 1. Caps on Discretionary Budget Authority.................. 7
Table 2. Deficit-Neutral Reserve Funds in the Senate............. 10
Table 3. Fiscal Year 2014 Budget Totals.......................... 29
Table 4. Allocation of Spending Authority to the House Committee
on Appropriations.............................................. 30
Table 5. Spending Authority for House Authorizing Committees..... 30
Table 6. Pay-As-You-Go Scorecard for the Senate.................. 35
Table 7. Budgetary Aggregates.................................... 35
Table 8. Social Security Levels.................................. 35
Table 9. Adjustments to the Budget Authority and Outlay
Allocations to the Committee on Appropriations................. 36
Table 10. Detail on Adjustments to Fiscal Year 2014 Allocations
to Committee on Appropriations Pursuant to Sections 302 and
314(a) of the Congressional Budget Act......................... 36
Table 11. Senate Committee Budget Authority and Outlay
Allocations Pursuant to Section 111 of the Bipartisan Budget
Act of 2013 and Section 302 of the Congressional Budget Act--
Budget Year 2014............................................... 37
Table 12. Senate Committee Budget Authority and Outlay
Allocations Pursuant to Section 111 of the Bipartisan Budget
Act of 2013 and Section 302 of the Congressional Budget Act, 5-
Year: 2014-2018................................................ 37
Table 13. Senate Committee Budget Authority and Outlay
Allocations Pursuant to Section 111 of the Bipartisan Budget
Act of 2013 and Section 302 of the Congressional Budget Act,
10-Year: 2014-2023............................................. 38
Table 14. Estimated Budgetary Effects of the Bipartisan Budget
Act of 2013.................................................... 103
Table 15. Estimate of Effects on Direct Spending and Revenues for
the Bipartisan Budget Act of 2013.............................. 108
Introduction
----------
On December 18, 2013, Congress passed House Joint
Resolution 59, which included two Acts: the ``Bipartisan Budget
Act of 2013'' and the ``Pathway for SGR Reform Act of 2013''.
It was signed by President Barack Obama on December 26, 2013
and became Public Law 113-67. This Committee Print explains and
provides background and explanatory information on this law. In
doing so, this document primarily concentrates on ``The
Bipartisan Budget Act of 2013'' which can be found in Division
A of the Joint Resolution.
The House adopted House Concurrent Resolution 25, the
concurrent resolution on the budget for fiscal year 2014, on
March 21, 2013. The Senate adopted its version of the budget
resolution, Senate Concurrent Resolution 8, on March 23, 2013.
A conference committee on these two concurrent resolutions
was agreed to with Senate Concurrent Resolution 8 as the
measure on which the two Houses disagreed. Representative Paul
Ryan, Chairman of the Committee on the Budget of the House,
acted as the Chairman of this conference. He did so by
tradition, since each Chairman of the Committee on the Budget
of each House alternates as Chair of the Committee of
Conference on a budget resolution. The previous time a budget
resolution conference was held, Senator Kent Conrad, Chairman
of the Committee on the Budget of the Senate, chaired. Senator
Patty Murray, Senate Budget Committee Chairman, co-chaired the
conference on S. Con. Res. 8.
During the negotiations, Chairman Ryan and Chairman Murray
decided to pursue legislation that would make changes in law to
modify discretionary caps on spending and to make other
reductions in spending. Since this would require changes in
existing law, a concurrent resolution would not be appropriate
since it is an internal Congressional document, is not signed
by the President, and does not become law. It was decided the
vehicle to accomplish this would be to use House Joint
Resolution 59, originally a spending measure.
Chairman Ryan offered a motion to amend this Joint
Resolution on the House floor with the legislative text the two
Chairmen had developed on behalf of their respective chambers.
Before coming to the floor, though, the Committee on Rules of
the House added additional language to the agreement which
became Division B of the joint resolution, titled ``Pathway for
SGR Reform Act of 2013''.
The motion passed and the joint resolution, as amended, was
sent to the Senate, where it passed, and then presented to the
President who signed it on December 26, 2013.
It was subsequently amended by the ``Consolidated
Appropriations Act, Fiscal Year 2014'' (Public Law 113-76).
Legislative History
----------
During the first session of the 113th Congress, the House
and Senate each passed a fiscal year 2014 concurrent resolution
on the budget: House Concurrent Resolution 25 and Senate
Concurrent Resolution 8, respectively. The House requested a
conference on S. Con. Res. 8, the fiscal year 2014 concurrent
resolution on the budget, to which the Senate agreed.
Representative Paul Ryan (WI) chaired the Committee on the
Conference on the budget resolution.
The Conference Committee held two meetings: the first on
October 30, 2013 and the second on November 13, 2013.
The Bipartisan Budget Act of 2013 (BBA of 2013) was a House
amendment to the Senate amendment to House Joint Resolution 59.
This House amendment included legislation establishing a budget
resolution for fiscal year 2014, authorized a budget resolution
for fiscal year 2015, and made other changes in law.
House Concurrent Resolution 25
On March 13, 2013, the House Committee on the Budget marked
up the fiscal year 2014 concurrent resolution on the budget, H.
Con. Res. 25. The report accompanying H. Con. Res. 25, House
Report 113-17, was filed on March 15, 2013. The House
considered H. Con. Res. 25 on March 19 through March 21, 2013.
H. Con. Res. 25 passed the House on March 21, 2013, by a vote
of 221-207 (Roll No. 88). On March 22, 2013, the House-passed
fiscal year 2014 concurrent resolution on the budget was
received in the Senate.
On October 16, 2013, Mr. Ryan (WI) asked unanimous consent
the House take from the Speaker's table S. Con. Res. 8; adopt
an amendment in the nature of a substitute consisting of the
text of H. Con. Res. 25, as adopted by the House; adopt such
concurrent resolution, as amended; insist on its amendment; and
request a conference with the Senate thereon; and during the
remainder of the 113th Congress, that it would not be in order
to offer a motion under clause 7(c) of rule 22 with respect to
S. Con. Res. 8. This unanimous consent request was agreed to
without objection. The Speaker then appointed conferees (see
Appendix C).
Senate Concurrent Resolution 8
On March 13 and 14, 2013, the Senate Committee on the
Budget marked up the fiscal year 2014 concurrent resolution on
the budget, S. Con. Res. 8. The Senate Committee on the Budget
filed a committee print, S. Prt. 113-12, to accompany S. Con.
Res. 8 in March 2013. The Senate considered S. Con. Res. 8 on
March 20 through March 23, 2013. S. Con. Res. 8 passed the
Senate on March 23, 2013. The resolution was agreed to in the
Senate, as amended, by Yea-Nay Vote: 50-49 (Record Vote Number:
92).
On April 15, 2013, the Senate-passed fiscal year 2014
concurrent resolution on the budget was received in the House.
On October 16, 2013, the Senate disagreed to the House
amendment to S. Con. Res. 8, agreed to the request for a
conference on the fiscal year 2014 concurrent resolution on the
budget, and appointed conferees. By Unanimous Consent, the
Senate agreed that it would not be in order for the Senate to
consider a conference report with respect to H. Con. Res. 25 or
S. Con. Res. 8 if it included reconciliation instructions to
raise the debt limit.
House Joint Resolution 59
On September 10, 2013, Representative Rogers (KY)
introduced House Joint Resolution 59, a continuing
appropriations resolution for fiscal year 2014. On September
20, 2013, House Joint Resolution 59 passed the House by
recorded vote: 230-189 (Roll No. 478). The Senate then
proceeded to consideration of the measure and on September 27,
2013, House Joint Resolution 59 passed the Senate with an
amendment by Yea-Nay Vote: 54-44 (Record Vote Number 209).
House Joint Resolution 59 was then further considered and
amended in the House and subsequently received in the Senate. A
motion to table the House amendments to the Senate amendment
was then made and agreed to in the Senate.
On September 30, 2013, Mr. Rogers (KY) made a motion that
the House recede and concur with an amendment in the Senate
amendment. This motion was agreed to by recorded vote: 228-201
(Roll No. 504). A motion to table the House amendment to the
Senate amendment was then made and agreed to in the Senate by
Yea-Nay Vote: 54-46 (Record Vote Number: 211).
The House Committee on Rules reported a rule making it in
order for the House to take House Joint Resolution 59 from the
Speaker's table, with the House amendment to the Senate
amendment thereto, insist on its amendment, and request a
conference with the Senate thereon.
On October 1, 2013, this rule passed the House and the
Speaker appointed conferees for the consideration of the Senate
amendment and the House amendment and modifications. A motion
to table the message from the House with respect to House Joint
Resolution 59 was then made and agreed to in the Senate by Yea-
Nay Vote: 54-46 (Record Vote Number: 212).
On December 12, 2013, Mr. Ryan (WI) moved the House recede
and concur with an amendment to the Senate amendment to House
Joint Resolution 59. This amendment comprised the text of the
Bipartisan Budget Act of 2013 (BBA of 2013). This motion was
agreed to by recorded vote: 332-94 (Roll No. 640). The
transcript of debate in the House of Representatives on this
motion to recede and concur can be found on pages H8053-H8085
of the Congressional Record (113th Congress).
On December 15, 2013, the measure was laid before the
Senate by unanimous consent and Senator Reid made a motion to
concur in the House amendment to the Senate amendment.
On December 17, 2013, a cloture motion on the motion to
concur in the House amendment to the Senate amendment was
agreed to: 67-33 (Record Vote Number: 279). A motion to table
Senator Reid's motion to concur with an amendment was then made
in the Senate. This motion to table was rejected by Yea-Nay
Vote: 46-54 (Record Vote Number: 280). The Senate then
proceeded to the consideration of the BBA of 2013 (the House
amendment to the Senate amendment to House Joint Resolution
59).
On December 18, 2013, the Senate agreed to the House
amendment to the Senate amendment to House Joint Resolution 59
by Yea-Nay Vote. 64-36 (Record Vote Number: 281). The
transcript of debate in the Senate can be found on pages S8816,
S8870, S8872-8899, and S8920-8957 of the Congressional Record
(113th Congress).
The BBA of 2013 was presented to the President on December
19, 2013, signed by the President on December 26, 2013, and
became Public Law 113-67.
H.R. 3547
On November 20, 2013, H.R. 3547 was introduced in the
House. A House amendment to the Senate amendments to H.R. 3547
incorporated the text of the Consolidated Appropriations Act
for fiscal year 2014. That bill included an amendment to the
BBA of 2013 pertaining to military retirement reform.
On January 15, 2014, this House amendment to the Senate
amendments was agreed to in the House by the Yeas and Nays:
359-67 (Roll No. 21). The measure was then received in the
Senate and laid before the Senate by unanimous consent.
On January 16, 2014, cloture on the motion to concur in the
House amendment to the Senate amendment was invoked in the
Senate by Yea-Nay Vote: 72-26 (Record Vote Number: 12). The
Senate then proceeded to concur in the House amendment to the
Senate amendment by Yea-Nay Vote: 72-26 (Record Vote Number:
13).
On January 17, 2014, the Consolidated Appropriations Act
for fiscal year 2014 was presented to and signed by the
President and became Public Law 113-76.
Section by Section Description
----------
Sec. 1. Short title and table of contents.
Subsection 1(a) provides that the short title of this
Division is the ``Bipartisan Budget Act of 2013''.
Subsection 1(b) sets forth the table of contents for the
Division.
Title I--Budget Enforcement
SUBTITLE A--AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT
CONTROL ACT OF 1985
Sec. 101. Amendments to the Balanced Budget and Emergency Deficit
Control Act of 1985.\1\
The limits on discretionary spending are established in
section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (BBEDCA). The limits are subdivided in each
fiscal year through 2021 into two categories: revised security
category and revised nonsecurity category.
---------------------------------------------------------------------------
\1\ On February 15, 2014, the President signed into law Public Law
113-82, which among other things extends through 2024 the mandatory
sequester under section 251A of the Balanced Budget and Emergency
Control Act of 1985.
---------------------------------------------------------------------------
The revised security category is defined to be the National
Defense budget function (Function 050) which includes funding
for the Department of Defense, the nuclear weapons-related work
of the Department of Energy, intelligence-related activities,
and the national security elements of the Departments of
Commerce, Justice, Homeland Security, and several independent
agencies. The Department of Defense (including the intelligence
programs) usually receives over 95 percent of the budget
authority in this function.
The revised nonsecurity category comprises discretionary
spending not contained in the revised security category.
Subsection 101(a) amended section 251(c) of BBEDCA to
increase the limits on discretionary spending for fiscal years
2014 and 2015. The revised levels for each category are shown
in Table 1.
TABLE 1.--CAPS ON DISCRETIONARY BUDGET AUTHORITY
----------------------------------------------------------------------------------------------------------------
Revised security Revised nonsecurity
-----------------------------------------------------------------------------------
2014 2015 2014 2015
----------------------------------------------------------------------------------------------------------------
Current Law................. $498,082,000,000 $512,046,000,000 $469,391,000,000 $483,130,000,000
Revised Cap................. $520,464,000,000 $521,272,000,000 $491,773,000,000 $492,356,000,000
----------------------------------------------------------------------------------------------------------------
In addition to the limits on discretionary spending,
section 251A of BBEDCA also includes a sequester of direct
spending, the size of which interacts with the discretionary
spending levels.
Subsection 101(b) provides for the implementation of the
sequester of direct spending as if the amendments in subsection
101(a) had not been made. The President is required by law to
implement the sequester of direct spending ordered on April 10,
2013 (as corrected on May 20, 2013) and the one in the
Sequestration Preview Report for Fiscal Year 2015 as if the
amendments in subsection 101(a) had not been made.
Subsection 101(c) reduces spending by $28 billion by
requiring the President to sequester the same percentage of
direct spending in 2022 and 2023 as will be sequestered in
2021.
Subsection 101(d) makes various conforming changes.
SUBTITLE B--ESTABLISHING A CONGRESSIONAL BUDGET
Sec. 111. Fiscal year 2014 budget resolution.
Subsection 111(a) establishes a congressional budget for
fiscal year 2014. It does so by authorizing the Chairman of the
Committee on the Budget, Representative Paul Ryan (WI), to
submit for publication in the Congressional Record the relevant
levels for enforcing the budget resolution as a conference
report. These levels are included in this print, and may be
found on page H1428 (113th Congress) of the Congressional
Record.
Subsection 111(b) requires the Chairmen of the House and
Senate Budget Committees to each submit for publication in the
Congressional Record the allocations of budgetary resources for
each congressional committee and aggregate spending and revenue
levels.
These levels are enforceable for fiscal year 2014 as if
included in a conference agreement on a budget resolution for
that fiscal year. Consistent with the different requirements of
the Congressional Budget Act of 1974 in the House and Senate,
the Chairman of the Senate Committee on the Budget also
published levels of revenues and outlays for Social Security.
These levels may be found on page S361 (113th Congress) of the
Congressional Record, as well as in Table 10 of this print.
The submissions made pursuant to this section are
consistent with the discretionary spending limits established
in this Act and the Congressional Budget Office's May 2013
baseline, adjusted for legislation enacted subsequent to the
publication of that baseline and adjusted for the budgetary
effects of this Act.
In addition, subsection 111(c) provides that in the House,
the Chairman of the Budget Committee is authorized to reduce
the aggregates, allocations, and other budgetary levels
included in the statement required to be submitted pursuant to
this section for the subsequent enactment of any additional
deficit-reducing legislation during the 113th Congress.
Sec. 112. Limitation on advance appropriations in the Senate.
Section 112 provides that a vote of sixty votes would be
required to waive a point of order in the Senate against
appropriations in 2014 bills that would first become effective
in any year after 2014, and against appropriations in 2015
bills that would first become effective in any year after 2015.
It does not apply against appropriations for veterans' medical
services, medical support and compliance, or medical
facilities, or the Corporation for Public Broadcasting.
Additionally, there is an exemption for each of 2015 and 2016
of up to $28.852 billion for programs identified in the
Congressional Record. Those programs are:
LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION APPROPRIATIONS ACT
Employment and Training Administration
Job Corps
Education for the Disadvantaged
School Improvement
Special Education
Career, Technical, and Adult Education
FINANCIAL SERVICES AND GENERAL GOVERNMENT
Payment to Postal Service
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT
Tenant-based Rental Assistance
Project-based Rental Assistance
Subsection 112(b) provides that the provisions of
subsection (a) expire if a concurrent resolution on the budget
for fiscal year 2015 is agreed to by the Senate and the House.
Sec. 113. Rule of construction in the House of Representatives.
Section 113 provides that H. Con. Res. 25 (113th Congress),
the budget resolution for fiscal year 2014 as placed in force
by H. Res. 243 (113th Congress), remains in force to the extent
that its budgetary levels have not been superseded by this
subtitle or further action of the House. Items that remain in
force include the recommended levels contained in Title III,
the reserve funds in Title IV, the estimates of direct spending
in Title V, the budget enforcement matters in Title VI, and the
policy statements in title VII of that concurrent resolution.
This matter will remain in force until the adoption of a
subsequent concurrent resolution on the budget or the end of
the 113th Congress, unless they are carried into the 114th
Congress by an act of the House.
Sec. 114. Additional Senate budget enforcement.
Subsection 114(a) provides for the elimination of any
balances on the Senate pay-as-you-go scorecard following
enactment of this Act and again for purposes of budget year
2015.
Subsection 114(b) provides for the continuance in effect of
certain provisions of the fiscal year 2010 budget resolution
relating to the budgetary treatment of certain discretionary
expenses of certain off-budget programs; the application and
effect of changes in allocations and aggregates; and
adjustments to reflect changes in concepts and definitions.
Subsection 114(c) establishes in the Senate only a deficit
neutral reserve fund to replace sequestration.
Subsection 114(d) places into effect certain deficit-
neutral reserve funds included in S. Con. Res. 8 (113th
Congress). Those provisions are listed in table 2.
TABLE 2.--DEFICIT-NEUTRAL RESERVE FUNDS IN THE SENATE
------------------------------------------------------------------------
[Section numbers reference S.Con.Res. 8 (113th Congress)]
-------------------------------------------------------------------------
Sec. 302. Deficit-neutral reserve funds to promote employment and job
growth.
Sec. 303. Deficit-neutral reserve funds to assist working families and
children.
Sec. 304. Deficit-neutral reserve funds for early childhood education.
Sec. 305. Deficit-neutral reserve fund for tax relief.
Sec. 306. Reserve fund for tax reform.
Sec. 307. Deficit-neutral reserve fund to invest in clean energy and
preserve the environment.
Sec. 308. Deficit-neutral reserve fund for investments in America's
infrastructure.
Sec. 309. Deficit-neutral reserve fund for America's servicemembers and
veterans.
Sec. 310. Deficit-neutral reserve fund for higher education.
Sec. 311. Deficit-neutral reserve funds for health care.
Sec. 312. Deficit-neutral reserve fund for investments in our Nation's
counties and schools.
Sec. 313. Deficit-neutral reserve fund for a farm bill.
Sec. 314. Deficit-neutral reserve fund for investments in water
infrastructure and resources.
Sec. 315. Deficit-neutral reserve fund for pension reform.
Sec. 316. Deficit-neutral reserve fund for housing finance reform.
Sec. 317. Deficit-neutral reserve fund for national security.
Sec. 318. Deficit-neutral reserve fund for overseas contingency
operations.
Sec. 319. Deficit-neutral reserve fund for terrorism risk insurance.
Sec. 320. Deficit-neutral reserve fund for postal reform.
Sec. 322. Deficit-neutral reserve fund to improve Federal benefit
processing.
Sec. 323. Deficit-neutral reserve fund for legislation to improve voter
registration and the voting experience in Federal elections.
Sec. 324. Deficit-reduction reserve fund to promote corporate tax
fairness.
Sec. 325. Deficit-neutral reserve fund for improving Federal forest
management.
Sec. 326. Deficit-neutral reserve fund for financial transparency.
Sec. 327. Deficit-neutral reserve fund to promote manufacturing in the
United States.
Sec. 328. Deficit-reduction reserve fund for report elimination or
modification.
Sec. 329. Deficit-neutral reserve fund for the minimum wage.
Sec. 330. Deficit-neutral reserve fund to improve health outcomes and
lower costs for children in Medicaid.
Sec. 331. Deficit-neutral reserve fund to improve Federal workforce
development, job training, and reemployment programs.
Sec. 332. Deficit-neutral reserve fund for repeal of medical device tax.
Sec. 333. Deficit-neutral reserve fund prohibiting Medicare vouchers.
Sec. 334. Deficit-neutral reserve fund for equal pay for equal work.
Sec. 335. Deficit-neutral reserve fund relating to women's health care.
Sec. 338. Deficit-neutral reserve fund to allow States to enforce State
and local use tax laws.
Sec. 339. Deficit-neutral reserve fund relating to the definition of
full-time employee.
Sec. 340. Deficit-neutral reserve fund relating to the labeling of
genetically engineered fish.
Sec. 341. Deficit-neutral reserve fund for the families of America's
servicemembers and veterans.
Sec. 344. Deficit-neutral reserve fund for disabled veterans and their
survivors.
Sec. 348. Deficit-neutral reserve fund relating to authorizing children
eligible for health care under laws administered by Secretary of
Veterans Affairs to retain such eligibility until age 26.
Sec. 349. Deficit-neutral reserve fund for State and local law
enforcement.
Sec. 350. Deficit-neutral reserve fund to establish a national network
for manufacturing innovation.
Sec. 353. Deficit-neutral reserve fund to ensure no financial
institution is above the law regardless of size.
Sec. 354. Deficit-neutral reserve fund relating to helping homeowners
and small businesses mitigate against flood loss.
Sec. 356. Deficit-neutral reserve fund for BARDA and the BioShield
Special Reserve Fund.
Sec. 361. Deficit-neutral reserve fund for export promotion.
Sec. 363. Deficit-neutral reserve fund to increase the capacity of
agencies to ensure effective contract management and contract
oversight.
Sec. 364. Deficit-neutral reserve fund for investments in air traffic
control services.
Sec. 365. Deficit-neutral reserve fund to address prescription drug
abuse in the United States.
Sec. 366. Deficit-neutral reserve fund to support rural schools and
districts.
Sec. 367. Deficit-neutral reserve fund to strengthen enforcement of free
trade agreement provisions relating to textile and apparel articles.
Sec. 368. Deficit-neutral reserve fund to assist low-income seniors.
Sec. 369. Reserve fund to end offshore tax abuses by large corporations.
Sec. 371. Deficit-neutral reserve fund relating to increasing funding
for the inland waterways system.
Sec. 376. Deficit-neutral reserve fund to authorize provision of per
diem payments for provision of services to dependents of homeless
veterans under laws administered by Secretary of Veterans Affairs.
Sec. 378. Deficit-neutral reserve fund to phase-in any changes to
individual or corporate tax systems.
Sec. 379. Deficit-neutral reserve fund relating to increases in aid for
tribal education programs under the Constitution of the United States.
Sec. 383. Deficit-neutral reserve fund to increase funding for Federal
investments in biomedical research.
------------------------------------------------------------------------
Subsection 114(e) provides that subsections (a)(2), (c),
and (d) shall expire if a budget resolution conference report
is adopted by the Senate and the House.
Sec. 115. Authority for fiscal year 2015 budget resolution in the House
of Representatives.
Subsection 115(a) authorizes in the House a congressional
budget for fiscal year 2015 in the event that a budget
resolution conference report is not adopted.
Subsection 115(b) provides that the chair of the House
Committee on the Budget will submit after April 15 but no later
than May 15, 2014 for publication in the Congressional Record
allocations of budgetary resources for each congressional
committee and aggregate spending and revenue levels that will
be enforceable as if included in a conference agreement on a
budget resolution.
Subsection 115(c) provides that the submission pursuant to
subsection (b) may also include for fiscal year 2015,
provisions for the matters contained in title IV (reserve
funds) and in sections 603(a), 605(a), and 609 of H. Con. Res.
25 (113th Congress), as adopted by the House, updated to cover
the new budget window, including updated amounts for section
601 (advance appropriations).
Subsection 115(d) provides for an allocation of budgetary
resources to the Appropriations Committee no later than May 15,
2014 if the May 15 date required by the above subsection (b)
has not been met.
Subsection 115(e) allows the Chairman of the House Budget
Committee to reduce the aggregates, allocations, and other
budgetary levels included in the statement required to be
submitted under subsection (b) for the subsequent enactment of
any additional, deficit-reducing legislation during the 113th
Congress or as otherwise necessary.
Subsection 115(f) provides that the provisions of
subsections (a), (b), (c), (d), and (e) shall no longer apply
if a concurrent resolution on the budget for fiscal year 2015
is agreed to by the House and the Senate.
Sec. 116. Authority for fiscal year 2015 budget resolution in the
Senate.
Subsection 116(a) authorizes in the Senate a congressional
budget for fiscal year 2015.
Subsection 116(b) provides that the chair of the Senate
Committee on the Budget will submit after April 15 and no later
than May 15, 2014 for publication in the Congressional Record
allocations of budgetary resources for each congressional
committee, aggregate spending and revenue levels, and levels of
revenues and outlays for Social Security that will be
enforceable as if included in a conference agreement on a
budget resolution.
Subsection 116(c) provides that the submission pursuant to
subsection (b) may also include reserve funds for fiscal year
2015 that are the same as those included in section 114(c) and
(d) updated to cover the new budget window.
Subsection 116(d) provides that the filing referred to in
subsection (b) for fiscal year 2014 will supersede the
statement referred to in section 111(b).
Subsection 116(e) provides that this section will expire if
a concurrent resolution on the budget for fiscal year 2015 is
agreed to by the Senate and the House.
Sec. 117. Exclusion of savings from PAYGO scorecards.
Subsection 117(a) provided that the budgetary effects of
this Act will not be entered on either PAYGO scorecard
maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010 (Public Law 111-139).
Subsection 117(b) provided that the budgetary effects of
this Act will not be entered on any PAYGO scorecard maintained
for the purposes of section 201 of S. Con. Res. 21 (110th
Congress).
Sec. 118. Exercise of rulemaking powers.
This section states that the provisions of this subtitle
are enacted as an exercise of the rulemaking power of each
house of Congress and that each house retains its
constitutional right to change such rules as they relate to
that house.
SUBTITLE C--TECHNICAL CORRECTIONS
Sec. 121. Technical corrections to the Balanced Budget and Emergency
Deficit Control Act of 1985.
This section corrects technical and grammatical errors in
the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 122. Technical corrections to the Congressional Budget Act of
1974.
This section corrects technical and grammatical errors in
the Congressional Budget Act of 1974.
Title II--Prevention of Waste, Fraud, and Abuse
Sec. 201. Improving the collection of unemployment insurance
overpayments.
Many states used the Treasury Offset Program (TOP) to
recover Unemployment Insurance (UI) debts stemming from
overpayments due to fraud or failure to report earnings.
However, other states are not using this tool. Section 201
amended the Social Security Act to require states to use TOP to
recover the specified UI debts. States are still required to
provide due process opportunities for individuals to challenge
the validity of the debt, before seeking to recover the funds
through TOP. This section ensures that all states will
participate in TOP leading to more recovery of UI debts.
Sec. 202. Strengthening Medicaid Third-Party Liability.
By law, Medicaid is the payer of last resort for medical
treatment. Section 202 affirms Medicaid's position as the payer
of last resort by strengthening third-party liability to
improve states' and providers' abilities to receive payments
for beneficiary services, as appropriate.
Subsection 202(a) allows states to delay payment of costs
for prenatal and preventive pediatric claims when third parties
are responsible and allows states to collect medical child
support where health insurance is available from a non-
custodial parent. This authorization is limited to the extent
that beneficiary access to care is not negatively impacted.
Subsection 202(b) allows Medicaid to recover costs from
beneficiary liability settlements. Subsection 202(c) provides
that these amendments shall take effect on October 1, 2014.
Sec. 203. Restriction on access to the death master file.
The Death Master File (DMF) is a list of deceased
individuals maintained by the Social Security Administration
(SSA). The DMF contains the full name, Social Security Number,
date of birth, and date of death for listed decedents, and it
is updated weekly. This information is distributed through the
Department of Commerce and is widely available on many websites
for free or for a nominal fee.
Section 203 establishes a program under which the Secretary
of Commerce restricts access to the information contained on
the DMF for a three-year period beginning on the date of the
individual's death, except to persons who are certified under a
program to be established by the Secretary of Commerce. Under
the program, persons who have a fraud prevention interest or
other legitimate need for the information and agree to maintain
the information under safeguards similar to those required of
Federal agencies that receive return information, as described
in section 6103(p)(4) of title 26 of the United States Code,
may apply for certification. The Secretary of Commerce reviews
the eligibility of applicants, examines safeguards for
protecting the information and conducts audits of certified
entities to assure compliance with safeguards.
As part of implementation of the required program, the
Secretary of Commerce is required to establish and collect user
fees sufficient to recover all costs associated with the
certification program. The Secretary of Commerce is required to
report both the total fees collected and the total costs of
administering the certification program. The required report is
to be submitted annually to both the Senate Committee on
Finance and the House Committee on Ways and Means.
A penalty of $1,000 for each disclosure or misuse of the
information is imposed on any persons who improperly disclose
the DMF information. A certified person in receipt of DMF
information is responsible for any subsequent disclosure of
such information. Even if the initial disclosure to a third
party is appropriate, if that third party subsequently
improperly discloses the information, the certified person is
deemed to have also improperly disclosed the information.
Thus, in a case in which the improper disclosure is made by
a third party who received the information from a certified
person, both the certified person and the person who improperly
disclosed the information are subject to the penalty. The
penalty may not exceed $250,000 per person for any calendar
year, except in the case of willful disclosure. In such cases,
the penalty is not limited.
The provision also brings the DMF within the scope of the
exemptions available under the Freedom of Information Act to
ensure that Federal agencies do not disclose the information
about deceased individuals maintained by SSA or contained in
the DMF, except to recipients who are certified persons.
Section 203 is effective 90 days after the date of
enactment, except for the FOIA exemption, which is now
effective.
Sec. 204. Identification of inmates requesting or receiving improper
payments.
The Social Security Administration's (SSA) Prisoner Update
Processing System (PUPS) contains all identifying information
requested by the SSA and supplied by a reporting source,
including the individual's name, Social Security number, date
of birth, sex, date of conviction, date of confinement, inmate
status code, and such other information as may be supplied or
acquired by SSA during the suspension or reinstatement of
retirement, survivors, or disability insurance benefits. PUPS
contains Federal, State, and local prisoner data.
Subsection 204(a) expands the information the prisons are
required to report to SSA to include release dates, making the
system more valuable to users.
Subsection 204(b) authorizes the Commissioner of Social
Security to transfer PUPS data to the Department of the
Treasury on a regular basis, where it will be maintained for
use by other Federal agencies. The PUPS data will help prevent
prisoners from illegally receiving payments, such as
unemployment compensation from the Department of Labor, and
identify individuals who are filing fraudulent tax returns.
This subsection also authorizes the use of PUPS data for
research conducted by Federal and state agencies.
Subsection 204(c) updated the authorizing legislation for
the Do Not Pay Initiative to include a requirement for agencies
to query PUPS prior to certifying a Federal payment or award.
Title III--Natural Resources
Sec. 301. Ultra-deepwater and unconventional natural gas and other
petroleum resources.
The ultra-deepwater and unconventional natural gas and
other petroleum resources program, which was created by the
Energy Policy Act of 2005, is a public-private partnership that
was designed to develop technologies to increase America's
domestic oil and gas production and reduce U.S. dependency on
foreign imports. The program utilizes a non-profit consortium
to manage the research, established two federal advisory
committees, and receives $50 million per year of funding.
Section 301 repealed the ultra-deepwater oil and gas research
and development program and rescinded the program's remaining
funds.
Sec. 302. Amendment to the Mineral Leasing Act.
Since 2010, states receiving significant payments from
mineral development on Federal lands also share in the costs of
administering the Federal mineral leases from which the revenue
is generated. The states pay their share of the administrative
costs in the form of a 2 percent deduction of monies paid to
the states by the federal government. This deduction was
scheduled to expire at the end fiscal year 2014. Section 302
made this deduction permanent.
Sec. 303. Approval of agreement with Mexico.
Section 303 approved the Agreement between the United
States of America and the United Mexican States Concerning
Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico
signed in February 2012 on how to explore, develop, and share
revenue from hydrocarbon reservoirs that cross the
international maritime boundary between the United States and
Mexico in the Gulf of Mexico. Each country's legislative body
is required to approve the agreement and Mexico ratified the
agreement in April 2012.
Sec. 304. Amendment to the Outer Continental Shelf Lands Act.
Section 304 provided permanent authority for the Secretary
of the Interior to implement the terms of any transboundary
hydrocarbon agreement for the management of transboundary
hydrocarbon reservoirs entered into by the President and
approved by Congress. It requires any such agreement to be
submitted to Congress within 180 days of any such agreement
being completed. This section also allows the Secretary of the
Interior to implement the Agreement between the United States
of America and the United Mexican States Concerning
Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico. The
Obama Administration signed the Agreement with Mexico in 2012
to develop energy resources bridging our international maritime
boundary and that Agreement makes provision for the sharing of
royalties on transboundary reservoirs, and also has very
specific requirements on maintaining data confidentiality.
Sec. 305. Federal oil and gas royalty prepayment cap.
Subsection 305(a) clarifies current law by providing that
if a federal lease holder pays more in royalties than the
amount due, then the Secretary of the Interior shall not pay
interest on any amount in excess of 110 percent of the amount
due. Overpayments below the threshold continue to receive
interest payments and underpayments continue to be subject to
penalties. Subsection 305(b) provides that this provision is
effective on July 1, 2014.
Sec. 306. Strategic Petroleum Reserve.
Subsection 306(a) prohibits the Secretary of Energy from
acquiring crude oil received by the United States as payment of
royalties on production from federal lands due from private
sector energy producers--a practice commonly referred to as
royalty-in-kind payments--for the purpose of filling the
Strategic Petroleum Reserve. This section also made a technical
correction by prohibiting the Secretary of Energy from
acquiring crude oil produced by the federal government on
federal land for the purpose of filling the Strategic Petroleum
Reserve, as this practice no longer occurred. The practical
effect of this section is to require that any crude oil
acquired by the Secretary of Energy for purposes of filling the
Strategic Petroleum Reserve is acquired using funds from the
``SPR Petroleum Account'' or funds appropriated by Congress.
Subsection 306(b) permanently rescinded any unobligated
funds remaining in the ``SPR Petroleum Account'' as of the date
of enactment of this legislation. This section has no bearing
on any future funds deposited into the account. All future
funds deposited into the account will remain available to the
Secretary of Energy, until expended, to fill the Strategic
Petroleum Reserve. Funds currently in the account were
deposited as a result of the 30.64 million barrels released
from the Strategic Petroleum Reserve and sold in July and
August of 2011.
Title IV--Federal Civilian and Military Retirement
Sec. 401. Increase in contributions to Federal Employees' Retirement
System for new employees.
Prior to the enactment of this Act, the typical revised
annuity federal employee who participates in the Federal
Employee Retirement System (FERS) was required to pay 3.1
percentage points of pay into the Civil Service Retirement and
Disability Fund (CSRDF). Depending on the type of service,
different employees are required to pay different amounts. Law
enforcement officers, nuclear materials couriers and customs
and border protection officers pay 3.6 percentage points.
Subsection 401(a) creates a new category of employees that
are considered further revised annuity employees.
Subsection 401(b) requires that newly hired employees who
participate in the FERS contribute an additional 1.3 percentage
points of pay that began on January 1, 2014, for a total of 4.4
percentage points into the CSRDF. Other categories of employees
pay 4.9 percentage points.
Subsection 401(c) requires employing agencies continue
their contributions at the current level in order to pay down
the deficit in the CSRDF, which at the close of fiscal year
2011 was $761 billion. Once the unfunded liability is
eliminated, agency contributions will be determined on the
basis of ensuring the full normal cost of the retirement
benefit is paid into the CSRDF on an accrual basis.
Subsection 401(d) ensures that certain (Members of Congress
and Congressional employees) further revised annuity employees
will continue to accrue benefits at the same rate as revised
annuity employees.
Sec. 402. Foreign Service Pension System.
Prior to the enactment of this Act, the typical revised
annuity federal employee who participates in the Foreign
Service Retirement and Disability System was required to pay
3.65 percentage points of pay into the Foreign Service Pension
System.
Subsection 402(a) creates a new category of foreign service
employees that are considered further revised annuity
employees.
Section 402(b) requires that newly hired employees who
participate in the Foreign Service Retirement and Disability
System (FSRDF) and the Foreign Service Pension System
contribute an additional 1.3 percentage points of pay.
Subsection 402(c) requires employing agencies continue
their contributions at the current level in order to pay down
the deficit in the FSRDF. Once the unfunded liability is
eliminated, agency contributions are determined on the basis of
ensuring the full normal cost of the retirement benefit is paid
into the FSRDF on an accrual basis.
Sec. 403. Annual adjustment of retired pay and retainer pay amounts for
retired members of the Armed Forces under age 62.\2\
Generally, service members who have completed 20 years of
service, regardless of age, are eligible for non-disability
retirement with immediate commencement of retired pay. For most
retirees, pay is a percentage of the highest 36 months of the
service member's Basic Pay. A service member who retires after
20 years of service receives 50 percent of his or her High-36
month Basic Pay with the percentage increasing in 2.5 percent
increments for each year above 20. Because service members can
retire well before the normal retirement age in the private
sector, most service members begin a second career after
leaving the military. Section 403 provides for an annual cost
of living adjustment (COLA) of inflation (measured by the
Consumer Price Index) less one percentage point for adjustments
starting on December 1, 2015 until the retiree reaches age 62.
There is no alteration to the 2014 COLA. At age 62, the retired
pay is adjusted as if the COLA had been the full CPI adjustment
in all previous years. Annual COLAs for service members after
age 62 are at the full CPI.
---------------------------------------------------------------------------
\2\ This section was amended by section 10001 of Division C of the
Consolidated Appropriations Act, 2014 (Public Law 113-76). A
description of section 10001 and the relevant legislative text can be
found on pages 25 and 257 of this Committee Print, respectively. On
February 15, 2014, the President signed into law Public Law 113-82,
which among other things provides that the changes made in section 403
of the Bipartisan Budget Act of 2013 apply only to those service
members who first became members on or after January 1, 2014.
---------------------------------------------------------------------------
This provision does not change the cost of living
adjustments for participants in the REDUX retirement system.
Title V--Higher Education
Sec. 501. Default reduction program.
Prior to the enactment of this Act, when guaranty agencies
rehabilitated defaulted loans from the Federal Family Education
Loan (FFEL) program, they charged borrowers 18.5 percent of the
outstanding principal and interest owed on the loan at the time
of sale and retained 18.5 percent of a federal default
reinsurance payment. Section 501 lowers the maximum borrower
collection fee to 16 percent and requires the agency to return
100 percent of the federal default reinsurance payment,
beginning on July 1, 2014. Moreover, it enables guaranty
agencies to transfer rehabilitated loans to the Department of
Education if they are unable to find a FFEL lender to purchase
the loan. These steps make the compensation earned by guaranty
agencies comparable to the compensation earned by the
Department of Education's private sector contractors that
rehabilitate defaulted FFEL and Direct Loan program loans held
by the Department. It also lowers costs to borrowers as
collection fees are typically added to the loan balance when
rehabilitated.
Sec. 502. Elimination of nonprofit servicing contracts.
In 2010, as part of the Health Care and Education
Reconciliation Act (HCERA), Congress eliminated the guaranteed
student loan program. Anticipating the need for increased
student loan servicing capacity, in 2009, the Department of
Education awarded performance-based contracts to four entities
to service its portfolio of federal student loans, including
those made under the Direct Loan program. During debate of
HCERA, Congress established a special carve-out for non-profit
firms to service student loans. The law required the Department
to award at least 100,000 borrower loan accounts to each
eligible non-profit servicer, and the law set aside mandatory
funding for this purpose. In contrast, the for-profit servicers
selected by the Department of Education on a performance basis
were, and continue to be, paid with discretionary dollars.
Section 502 eliminated the carve-out for non-profit servicers
and requires them to be paid with discretionary dollars. See
Appendix A for explanation of Congressional intent related to
the impact of this section.
Title VI--Transportation
Sec. 601. Aviation security service fees.
Prior to September 11, 2001, airlines paid for and carried
out passenger and baggage security screening. With the
formation of the Transportation Security Administration (TSA)
came a mandate to substantially increase and coordinate
aviation security procedures, and TSA screeners were deployed
to airports across the country. To offset the cost of aviation
security operations, the Aviation and Transportation Security
Act instituted aviation passenger security fees, which were to
cover the costs of security operations including technology,
salaries and benefits of screeners, the air marshals program,
Federal Security Managers, capital improvements, and other
functions. TSA receives approximately $2 billion a year in
offsetting collections under current law through air carrier
and aviation passenger security fees. These fees cover about 30
percent of the agency's aviation security costs.
The aviation passenger security fee was initially
established at a charge of $2.50 per enplanement with a maximum
one-way trip fee of $5.00 (a passenger taking a non-stop flight
paid a total of $2.50, while a passenger with at least one
connecting flight paid $5.00).
Section 601 simplifies the fee structure to a flat, $5.60
fee per one-way trip, regardless of the number of enplanements.
It also eliminates the Aviation Infrastructure Security Fee
(ASIF) charged to air carriers. This fee structure allows TSA
to offset approximately 43 percent of its aviation security
costs.
Section 601(a) repeals the ASIF that is currently imposed
on air carriers, effective October 1, 2014.
Section 601(b) restructured the aviation passenger security
fee to make it a $5.60 per one-way trip charge, which is $.60
above the current maximum fee.
Section 601(c) requires receipts in excess of the
$250,000,000 deposited annually into the Aviation Security
Capital Fund be deposited in the general fund of the Treasury
to partially defray the cost to the taxpayer of providing these
services.
Section 601(d) provides that the fee structure shall be
changed effective July 1, 2014.
Section 601(e) provides that nothing in this section
effects the availability of funds in the Checkpoint Screening
Security Fund.
Sec. 602. Transportation cost reimbursement.
U.S. agencies are required to transport 50 percent of
equipment, materials, and commodities shipped to foreign
countries on vessels registered in the U.S., which is generally
more expensive than foreign flag shipping. Food aid sent by the
Department of Agriculture (USDA) and the U.S. Agency for
International Development (USAID) to foreign countries is not
exempt from this requirement, making this international
assistance more costly than it would otherwise be. When
shipping expenses for food aid exceed 20 percent of total
program cost (the value of commodities plus shipping expenses)
in a given fiscal year, the Maritime Administration (MARAD)
must reimburse USDA and USAID by the dollar amount above 20
percent. Section 602 eliminates the reimbursements from MARAD.
Sec. 603. Sterile areas at airports.
The Transportation Security Administration (TSA) screens
airline passengers when they enter the secured boarding area
(officially, ``sterile area'') of all airports and monitors
passengers as they exit from the secured boarding area at some
airports. Funding for this activity is provided in part by
security fees charged to passengers and air carriers. Earlier
this year, TSA announced that, beginning in January 2014, all
airport operators will be responsible for monitoring all
passengers as they leave sterile areas. This responsibility
imposed new cost on some airports. Section 603 requires TSA to
continue monitoring airport exit lanes at airports currently
receiving this service.
Title VII--Miscellaneous Provisions
Sec. 701. Extension of customs user fees.
Section 701 extends the user fees collected by the
Department of Homeland Security's Bureau of Customs and Border
Protection (CBP) through 2023. There are nine different
conveyance and passenger user fees and a merchandise processing
fee collected by the CBP. The conveyance and passenger user
fees were first established by the Consolidated Omnibus Budget
Reconciliation Act (COBRA) of 1985. Prior to the enactment of
this Act, customs user fees would have expired after 2021.
Sec. 702. Limitation on allowable government contractor compensation
costs.
Since the 1990s, federal law has placed a limit on the
amount of contractor employees' compensation costs that is
allowed to be charged on federal government contracts.
Compensation costs can include many elements, such as salary,
bonuses, stock options, and employer contributions to pension
plans, although under federal law and the Federal Acquisition
Regulation (FAR), contractors are only allowed to charge some
elements of compensation to federal government contracts. This
cap, currently set at $952,308, has increased in real terms by
95 percent since this approach was first used in 1998. The
formula used by the Office of Federal Procurement Policy before
the enactment of this Act was flawed, as it resulted in an
escalation of $611,658, or nearly 180 percent (in nominal
terms), in the 15 years following the year in which the
compensation cap was established in law.
Subsection 702(a) amended section 4304(a)(16) of title 41
United States Code, and section 2324(e)(1)(P) of title 10,
United States Code, by replacing the statutory benchmark
compensation formula used to determine the amount of contractor
compensation considered an allowable cost for a federal
contract, with a cap of $487,000. It also limited additional
changes to this level to the U.S. Bureau of Labor Statistics
Employment Cost Index for all workers. This subsection also
provided for one or more narrowly targeted exceptions for
scientists, engineers, or other specialists upon a
determination that such exceptions are needed to ensure that
the executive agency has continued access to needed skills and
capabilities.
Subsection 702(b) repealed the authority of the Office of
Management and Budget to annually determine the allowable
compensation costs.
Subsection 702(c) requires the limitation in subsection (a)
to only apply to contracts entered into on or after 180 days
after the enactment of this Act.
Subsection 702(d) requires the Director of the Office of
Management and Budget to report annually to Congress on the use
of the statutory exceptions to the limitation in subsection
(a).
Subsection 702(e) requires a report from the Secretary of
Defense and the Director of the Office of Management and Budget
on alternative benchmarks and industry standards for
compensation.
Sec. 703. Pension Benefit Guaranty Corporation premium rate increases.
The Pension Benefit Guaranty Corporation (PBGC) consists of
two insurance programs: one for multiemployers and the other
for single employers. These two programs protect the defined-
benefit pensions of nearly 44 million participants. Since
fiscal year 2002, PBGC has ended each fiscal year with a
deficit. PBGC faces a $36 billion deficit, which may leave the
Corporation incapable of fulfilling its insurance obligations,
resulting in cuts to benefits or lead to a transfer from the
General Fund of the Treasury. Changes in this section apply to
the single employer insurance program.
Each sponsor of a pension plan insured by PBGC's single
employer insurance program pays annual premiums. PBGC collects
three types of premiums: (1) a flat-rate, per participant
premium, (2) a variable-rate premium, based on the dollar
amount of a plan's underfunding, and (3) a per-participant
premium, payable for three years after a defined-benefit
pension plan terminates.
Before the enactment of this Act, the flat-rate premium of
$42 per participant would have increased to $49 in 2014 and
increased with the growth in wages thereafter. Plans that do
not have enough assets set aside to pay 100 percent of the
promised benefits are considered underfunded. The sponsors of
underfunded defined-benefit plans pay the variable-rate annual
premium of $9 per $1,000 of underfunding. Beginning in 2014,
the variable-rate premium would have been indexed to increase
by the average wage index. Plans that terminate their defined-
benefit pension plans under certain conditions are liable for a
termination premium of $1,250 per plan participant per year for
three years.
Section 703 increased both flat-rate premiums and variable-
rate premiums to reduce the deficit of the PBGC.
Subsection 703(a) increased the flat-rate premium to $57
for plan year 2015 and to $64 for plan year 2016.
Subsection 703(b) indexed the flat-rate premiums to the
growth in wages after plan year 2016.
Subsection 703(c) increased the variable-rate premium by $5
in plan year 2015 and an additional $5 in plan year 2016.
Subsection 703(d) made conforming changes ensuring the
variable-rate premiums would then be indexed to the growth in
wages after plan year 2016. This subsection also increased the
variable-rate premium cap to $500 beginning for plan years
beginning after 2015.
Subsection 703(e) requires these provisions be effective
for plan years beginning after December 31, 2013.
Sec. 704. Cancellation of unobligated balances.
The Department of Justice Asset Forfeiture Fund was
established by the Comprehensive Crime Control Act of 1984
(Public Law 98-473) to seize and collect the proceeds of
criminal activities. The fund uses the proceeds of forfeited
assets--through a permanent, indefinite appropriation--to cover
the costs of carrying out forfeiture activities. Annual Fund
receipts are usually in excess of program needs, resulting in a
large unobligated balance from year to year. A renewed emphasis
on fraud and financial crime cases resulted in average annual
outlays of nearly $1.5 billion since 2007, with collections
during that time ranging from $1.6 billion in 2007 to $4.2
billion in 2012.
Subsection 704(a) permanently canceled $693 million of this
balance.
The Treasury Forfeiture Fund (TFF) supports participating
Treasury Department and Homeland Security agencies in the use
of asset forfeiture to disrupt and dismantle criminal
enterprises and deter criminal activity. The focus of the TFF
program is customs enforcement, whereas the Department of
Justice Asset Forfeiture Fund specifically combats money
laundering and fraud. The TFF collects cash and the proceeds of
property forfeited pursuant to customs laws. TFF funds are
available to cover costs related to seizures and forfeitures
and certain other law enforcement activities. Annual TFF
receipts are usually in excess of program needs, resulting in
large unobligated balances from year to year. Program outlays
have been about 70 percent of program receipts and collections
over the past 5 years.
Subsection 704(b) permanently canceled $867 million of
these balances.
Sec. 705. Conservation planning technical assistance user fees.
The Department of Agriculture's Natural Resources
Conservation Service (NRCS) provides technical assistance for
the development of individualized, site-specific conservation
plans and the establishment of measures to conserve soil and
water, including farm irrigation, flood prevention, and
agricultural pollution control. The technical assistance
provided to agricultural landowners and operators varies
depending upon the complexity of the soil or water conservation
resource concern.
Subsection 705(a) authorizes NRCS to prescribe and collect
fees of up to $150 per conservation plan to cover some of the
costs of providing technical assistance for completing a
conservation plan for a producer or landowner. This section
authorizes the Secretary of Agriculture to waive fees for
assistance provided to members of historically underserved
groups, such as beginning farmers or ranchers, limited resource
farmers or ranchers, and socially disadvantaged farmers or
ranchers. Fees also could be waived by the Secretary for
assistance provided to USDA program participants seeking to
maintain payment eligibility under Section 1212 of the Food
Security Act of 1985, or to comply with local, state, or
Federal regulatory requirements.
Subsection 705(b) establishes a Conservation Technical
Assistance Fund to receive the fees authorized in subsection
(a). Monies deposited in the fund are available only pursuant
to future appropriations.
Sec. 706. Self plus one coverage.
The law governing the Federal Employees Health Benefits
Program (FEHBP), as originally enacted in 1959, only allows for
employees to enroll as individuals (``self only'') or as a
family (``self and family''). Section 706 modernizes the FEHBP
to include a ``self plus one'' enrollment tier. This section
aligns the FEHB Program with the commercial market and serves
to spread costs across different enrollment types.
DIVISION B--MEDICARE AND OTHER HEALTH PROVISIONS
Sec. 1001. Short title; table of contents.
Subsection 1001(a) provides that the short title of this
Division is the ``Pathway for SGR Reform Act of 2013''.
Subsection 1001(b) sets forth the table of contents for the
Division.
* * * * * * *
Title II--Other Health Provisions
* * * * * * *
Sec. 1205. Realignment of the Medicare sequester for fiscal year 2023.
This section further amends the direct spending sequester
in section 101(d)(2)(C) of section 251A of the Balanced Budget
and Emergency Deficit Control Act of 1985, extended to fiscal
years 2022 and 2023 by section 101(c) of the Bipartisan Budget
Act of 2013, Division A of this Act. The section increases the
amount of the sequester for the first six months of fiscal year
2023 to 2.90 percent and decreases it to 1.11 percent for the
second six months of that fiscal year.
* * * * * * *
Section by Section Description
----------
The Consolidated Appropriations Act for fiscal year 2014,
Public Law 113-76, as enacted, has several short titles. This
section by section concentrates on Division C, the Department
of Defense Appropriations Act, 2014, which included a provision
that amended section 403 of the Bipartisan Budget Act of 2013.
Sec. 1. Short Title.
This section establishes the short title of this Act as the
``Consolidated Appropriations Act, 2014''.
* * * * * * *
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2014
* * * * * * *
Title X--Military Disability Retirement and Survivor Benefit Annuity
Restoration
Sec. 10001. Inapplicability of annual adjustment of retired pay for
members of the Armed Forces under the age of 62 under the
Bipartisan Budget Act of 2013 to members retired for disability
and to retired pay used to compute certain survivor benefit
plan annuities.
Section 10001(a) amends 10 U.S.C. 1401a (as amended by the
Bipartisan Budget Act) to exempt Chapter 61 retirees and
Survivors Benefit Plan annuitants from the reduced cost-of-
living adjustment for retirees under age 62 that will go into
effect with the December 2015 COLA pursuant to section 403 of
the Bipartisan Budget Act.
Section 10001(b) clarifies that the reduced cost-of-living
adjustment for retirees under age 62 shall not have the effect
of reducing Combat-Related Special Compensation or concurrent
receipt of VA disability compensation. It also clarifies that
the reduced COLA cannot cause a pay inversion.
Section 10001(c) provides that this provision takes effect
on December 1, 2015, when the Bipartisan Budget Act changes
become effective.
Section 10001(d) provides that the budgetary effects of
this change ($573 million in increased spending over 10 years)
not be entered onto the pay-as-you-go scorecards. This
provision is a correction to the Bipartisan Budget Act of 2013,
the budgetary effects of which were not entered onto the
scorecards. Therefore to maintain consistent treatment, this
provision is accorded the same treatment with respect to the
PAYGO scorecards.
* * * * * * *
Tables
House Tables
------
Chairman Ryan (WI) submitted the following statement of
committee allocations, aggregates, and other budgetary levels
for fiscal year 2014 for the Congressional Record as required
by section 111 of the Bipartisan Budget Act of 2013. This
statement can be found on pages H1428-1429 of the Congressional
Record (113th Congress).
Publication of Budgetary Material--(House of Representatives--January
27, 2014)
aggregates, allocations, and other budgetary levels of the
fiscal year 2014 budget resolution
Mr. RYAN of Wisconsin: Mr. Speaker, section 111 of the Bipartisan
Budget Act of 2013, Public Law No: 113-67, which established a
concurrent resolution on the budget for fiscal year 2014, requires the
chairs of the House and Senate Budget Committees to submit for printing
in the Congressional Record committee allocations, aggregates, and
other budgetary levels for fiscal year 2014.
Pursuant to section 111 of the Bipartisan Budget Act of 2013, I
hereby submit for printing in the Congressional Record: (1) an
allocation for fiscal year 2014 for the House Committee on
Appropriations, (2) allocations for fiscal years 2014 and 2014 through
2023 for committees other than the Committee on Appropriations, (3)
aggregate spending levels for fiscal year 2014, and (4) aggregate
revenue levels for fiscal years 2014 and 2014 through 2023.
In the case of allocations for committees other than the Committee
on Appropriations and for the revenue aggregates, the levels shall be
set consistent with the Congressional Budget Office's May 2013
baseline, adjusted to account for the budgetary effects of the
Bipartisan Budget Act of 2013 and other legislation enacted since the
release of the May 2013 baseline. In other words, in these instances,
the new allocations and levels are set equal to the updated May
baseline.
Associated tables are attached. These committee allocations,
aggregates, and other budgetary levels are made for the purposes of
enforcing titles III and IV of the Congressional Budget Act of 1974,
and other budgetary enforcement provisions.
If there are any questions on these committee allocations,
aggregates, and other budgetary levels please contact Paul Restuccia,
Chief Counsel of the Budget Committee, at 202-226-7270.
Sincerely,
Paul D. Ryan of Wisconsin, Chairman,
House Budget Committee.
TABLE 3.--FISCAL YEAR 2014 BUDGET TOTALS
[On-budget amounts in millions of dollars]
------------------------------------------------------------------------
Fiscal year Fiscal years
2014 2014-2023
------------------------------------------------------------------------
Appropriate Level:
Budget Authority.................... 2,924,837 n.a.
Outlays............................. 2,937,044 n.a.
Revenues............................ 2,311,026 31,095,742
------------------------------------------------------------------------
n.a. = Not applicable because annual appropriations acts for fiscal
years 2015 through 2023 will not be considered until future sessions
of Congress.
TABLE 4.--ALLOCATION OF SPENDING AUTHORITY TO THE HOUSE COMMITTEE ON
APPROPRIATIONS
[In millions of dollars]
------------------------------------------------------------------------
2014
------------------------------------------------------------------------
Base Discretionary Action:
BA....................................................... 1,012,237
OT....................................................... 1,154,816
Global War on Terrorism:
BA....................................................... 91,938
OT....................................................... 45,207
Disaster Designated Funds
BA....................................................... 5,626
OT....................................................... 281
Program Integrity
BA....................................................... 924
OT....................................................... 832
Total Discretionary
BA....................................................... 1,110,725
OT....................................................... 1,201,136
Current Law Mandatory:
BA....................................................... 749,400
OT....................................................... 738,140
------------------------------------------------------------------------
TABLE 5.--SPENDING AUTHORITY FOR HOUSE AUTHORIZING COMMITTEES
[On-budget amounts in millions of dollars]
------------------------------------------------------------------------
2014 2014-2023
------------------------------------------------------------------------
Agriculture:
May 2013 Baseline:
BA.............................. 92,956 906,903
OT.............................. 89,341 900,800
Adjustment for Enacted Legislation:
BA.............................. -59 -770
OT.............................. -59 -770
-------------------------------
Total:......................
BA...................... 92,897 906,133
OT...................... 89,282 900,030
Armed Services:
May 2013 Baseline:
BA.............................. 150,138 1,764,863
OT.............................. 149,922 1,768,772
Adjustment for Enacted Legislation:
BA.............................. 87 -7,607
OT.............................. 89 -7,566
-------------------------------
Total:......................
BA...................... 150,225 1,757,256
OT...................... 150,011 1,761,206
Financial Services:
May 2013 Baseline:
BA.............................. 12,981 114,942
OT.............................. 2,112 -57,397
Adjustment for Enacted Legislation:
BA.............................. 0 0
OT.............................. 0 0
-------------------------------
Total:......................
BA...................... 12,981 114,942
OT...................... 2,112 -57,397
Education & Workforce:
May 2013 Baseline:
BA.............................. -25,740 -661
OT.............................. -18,800 2,383
Adjustment for Enacted Legislation:
BA.............................. 12,003 -21,885
OT.............................. 10,453 -21,790
-------------------------------
Total:......................
BA...................... -13,737 -22,546
OT...................... -8,347 -19,407
Energy & Commerce:
May 2013 Baseline:
BA.............................. 356,892 4,936,804
OT.............................. 354,784 4,935,838
Adjustment for Enacted Legislation:
BA.............................. 1,242 -9,326
OT.............................. 3,933 -9,319
-------------------------------
Total:......................
BA...................... 358,134 4,927,478
OT...................... 358,717 4,926,519
Foreign Affairs:
May 2013 Baseline:
BA.............................. 29,118 241,385
OT.............................. 26,085 235,012
Adjustment for Enacted Legislation:
BA.............................. 2 20
OT.............................. 2 20
Total:
-------------------------------
BA...................... 29,120 241,405
OT...................... 26,087 235,032
Oversight & Government Reform:
May 2013 Baseline:
BA.............................. 102,657 1,199,434
OT.............................. 99,645 1,170,525
Adjustment for Enacted Legislation:
BA.............................. 0 -2,861
OT.............................. 0 -2,861
Total:
-------------------------------
BA...................... 102,657 1,196,573
OT...................... 99,645 1,167,664
Homeland Security:
May 2013 Baseline:
BA.............................. 1,916 22,255
OT.............................. 1,779 22,321
Adjustment for Enacted Legislation:
BA.............................. -390 -12,630
OT.............................. -390 -12,630
Total:
-------------------------------
BA...................... 1,526 9,625
OT...................... 1,389 9,691
House Administration:
May 2013 Baseline:
BA.............................. 40 371
OT.............................. 6 206
Adjustment for Enacted Legislation:
BA.............................. 0 0
OT.............................. 0 0
-------------------------------
Total:......................
BA...................... 40 371
OT...................... 6 206
Natural Resources:
May 2013 Baseline:
BA.............................. 6,441 63,590
OT.............................. 7,069 66,964
Adjustment for Enacted Legislation:
BA.............................. -63 -1,325
OT.............................. -67 -1,325
-------------------------------
Total:......................
BA...................... 6,378 62,265
OT...................... 7,002 65,639
Judiciary:
May 2013 Baseline:
BA.............................. 19,809 102,678
OT.............................. 11,573 105,537
Adjustment for Enacted Legislation:
BA.............................. -693 -693
OT.............................. -277 -693
-------------------------------
Total:......................
BA...................... 19,116 101,985
OT...................... 11,296 104,844
Transportation & Infrastructure:
May 2013 Baseline:
BA.............................. 71,454 728,035
OT.............................. 16,822 193,098
Adjustment for Enacted Legislation:
BA.............................. 0 0
OT.............................. 0 0
-------------------------------
Total:......................
BA...................... 71,454 728,035
OT...................... 16,822 193,098
Science, Space & Technology:
May 2013 Baseline:
BA.............................. 101 1,010
OT.............................. 104 1,013
Adjustment for Enacted Legislation:
BA.............................. 0 0
OT.............................. 0 0
-------------------------------
Total:......................
BA...................... 101 1,010
OT...................... 104 1,013
Small Business:
May 2013 Baseline:
BA.............................. 0 0
OT.............................. 0 0
Adjustment for Enacted Legislation:
BA.............................. 0 0
OT.............................. 0 0
-------------------------------
Total:......................
BA...................... 0 0
OT...................... 0 0
Veterans Affairs:
May 2013 Baseline:
BA.............................. 2,939 93,544
OT.............................. 3,098 95,206
Adjustment for Enacted Legislation:
BA.............................. -1 -4
OT.............................. -1 -4
-------------------------------
Total:......................
BA...................... 2,938 93,540
OT...................... 3,097 95,202
Ways & Means:
May 2013 Baseline:
BA.............................. 963,421 14,458,848
OT.............................. 962,271 14,455,530
Adjustment for Enacted Legislation:
BA.............................. -751 -75,356
OT.............................. 116 -75,356
-------------------------------
Total:......................
BA...................... 962,670 14,383,492
OT...................... 962,387 14,380,174
------------------------------------------------------------------------
Senate Tables
------
Senator Murray (WA) submitted the following statement of
committee allocations, aggregates, and other budgetary levels
for fiscal year 2014 for the Congressional Record as required
by section 111 of the Bipartisan Budget Act of 2013. This
statement can be found on pages S361-363 of the Congressional
Record (113th Congress).
Publication of Budgetary Material--(Senate--January 15, 2014)
submission of committee allocations, budget aggregates, pay-as-you-go
scorecard, and list of advance appropriations pursuant to sections 111,
112, and 114 of the bipartisan budget act of 2013
Ms. MURRAY. Mr. President, the Bipartisan Budget Act of 2013, which
Congress passed last month, provides relief to families and the economy
from the harmful effects of sequestration, more than offsetting the
costs of providing that relief with savings elsewhere in the federal
budget. In addition to those changes, the Bipartisan Budget Act also
establishes a Congressional Budget for 2014 and, if necessary, for
2015, authorizing the Chairmen of the Senate and House Budget
Committees to file allocations, aggregates, and levels in the Senate
and the House for budget year 2014.
Specifically, to provide for continued enforcement in the Senate,
section 111 requires the Chairman of the Budget Committee to file: (1)
an allocation for fiscal year 2014 for the Committee on Appropriations;
(2) allocations for fiscal years 2014, 2014 through 2018, and 2014
through 2023 for committees other than the Committee on Appropriations;
(3) aggregate spending levels for fiscal year 2014; (4) aggregate
revenue levels for fiscal years 2014, 2014 through 2018, and 2014
through 2023; and (5) aggregate levels of outlays and revenue for
fiscal years 2014, 2014 through 2018, and 2014 through 2023 for Social
Security.
In the case of the Committee on Appropriations for 2014, the
allocation shall be set consistent with the discretionary spending
limits set forth in the Bipartisan Budget Act, which imposes limits on
the amount of budget authority that can be provided under both the
revised security category and the revised nonsecurity category.
Both the discretionary spending limits and the allocation to the
Committee on Appropriations can be revised for certain adjustments
specifically authorized under the Budget Control Act of 2011. H.R.
3547, the Consolidated Appropriations Act, 2014, which the Senate will
soon consider, includes several such adjustments. Consistent with the
funding levels included in H.R. 3547, I am incorporating into the
allocation to the Committee on Appropriations adjustments for overseas
contingency operations and the global war on terrorism, disaster
funding, and the program integrity initiative in the area of continuing
disability reviews. I am also adjusting for a change in outlays
previously designated as an emergency requirement. These adjustments
are authorized by section 251 of the Balanced Budget and Emergency
Deficit Control Act of 1985, as modified by section 101 of the Budget
Control Act, and by section 314(a) of the Congressional Budget Act.
In the case of allocations for committees other than the Committee
on Appropriations and for the revenue and Social Security aggregates,
the levels shall be set consistent with the Congressional Budget
Office's May 2013 baseline, adjusted to account for the budgetary
effects of the Bipartisan Budget Act and other legislation enacted
since the release of the May 2013 baseline. In other words, in these
instances, the new allocations and levels are set equal to the updated
May baseline.
In the case of the spending aggregates for 2014, the levels shall
be set in accordance with the allocation for the Committee on
Appropriations and the allocations for committees other than the
Committee on Appropriations, as described previously.
Section 114 directs the Chairman of the Budget Committee also to
reset the Senate pay-as-you-go scorecard to zero for all fiscal years.
Pursuant to section 114, those revisions occurred immediately upon
enactment of the Bipartisan Budget Act. I am now notifying the Senate
and including the revised scorecard as part of the submission on
revised enforcement for budget year 2014.
Finally, section 112 of the Bipartisan Budget Act establishes a
point of order in the Senate against appropriations bills that provide
advance appropriations. That Act includes limited exceptions to this
prohibition including up to $28.852 billion in advance appropriations
for programs, projects, activities, or accounts included in a statement
submitted by the Chairman of the Budget Committee in the Congressional
Record. Pursuant to section 112, the list of allowable advance
appropriations subject to the limit is as follows:
accounts identified for advance appropriations
Labor, Health and Human Services, and Education:
Employment and Training Administration
Job Corps
Education for the Disadvantaged
School Improvement
Special Education
Career, Technical, and Adult Education
Financial Services and General Government:
Payment to Postal Service
Transportation, Housing and Urban Development:
Tenant-based Rental Assistance
Project-based Rental Assistance
Mr. President, my counterpart, the Chairman of the House Budget
Committee, Congressman Ryan, similarly is filing allocations,
aggregates, and levels in the House. The two filings will allow the
House and the Senate to extend budget enforcement measures for 2014, an
important principle of the bipartisan deal that Chairman Ryan and I
agreed to last month.
I ask unanimous consent that the following tables detailing
enforcement in the Senate for budget year 2014, including new committee
allocations, budgetary and Social Security aggregates, as well as
adjustments to those levels, and the pay-as-you-go scorecard, be
printed in the RECORD.
TABLE 6.--PAY-AS-YOU-GO SCORECARD FOR THE SENATE
(Pursuant to section 114(a)(1) of the Bipartisan Budget Act of 2013 *)
------------------------------------------------------------------------
$s in millions Balances
------------------------------------------------------------------------
Fiscal Years 2014 through 2018............................. 0
Fiscal Years 2014 through 2023............................. 0
------------------------------------------------------------------------
* Note: pursuant to section 114, this change became effective upon
enactment of the Bipartisan Budget Act of 2013.
TABLE 7.--BUDGETARY AGGREGATES
(Pursuant to section 111 of the Bipartisan Budget Act of 2011 and
section 311 of the Congressional Budget Act of 1974)
------------------------------------------------------------------------
$s in millions 2014 2014-18 2014-23
------------------------------------------------------------------------
Spending:
Budget Authority............. 2,924,837 n/a n/a
Outlays...................... 2,937,094 n/a n/a
Revenue:......................... 2,311,026 13,699,478 31,095,742
------------------------------------------------------------------------
n/a = Not applicable. Appropriations for fiscal years 2015--2023 will be
determined by future sessions of Congress and enforced through future
Congressional budget resolutions.
TABLE 8.--SOCIAL SECURITY LEVELS
(Pursuant to section 111 of the Bipartisan Budget Act of 2011 and
section 311 of the Congressional Budget Act of 1974)
------------------------------------------------------------------------
$s in millions 2014 2014-18 2014-23
------------------------------------------------------------------------
Outlays.......................... 705,515 3,996,404 9,403,107
Revenue.......................... 730,850 4,071,103 9,247,283
------------------------------------------------------------------------
TABLE 9.--ADJUSTMENTS TO THE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS TO
THE COMMITTEE ON APPROPRIATIONS
(Pursuant to sections 302 and 314(a) of the Congressional Budget Act of
1974)
------------------------------------------------------------------------
Initial Adjusted
In millions of dollars Allocation/ Adjustments Allocation/
Limit Limit
------------------------------------------------------------------------
Fiscal Year 2014:
Revised Security Category 520,464 85,418 605,882
Discretionary Budget
Authority...................
Revised Nonsecurity Category 491,773 13,070 504,843
Discretionary Budget
Authority...................
General Purpose Discretionary 1,154,816 46,370 1,201,186
Outlays.....................
Memorandum: Total Discretionary 1,012,237 98,488 1,110,725
Budget Authority................
------------------------------------------------------------------------
TABLE 10.--DETAIL ON ADJUSTMENTS TO FISCAL YEAR 2014 ALLOCATIONS TO COMMITTEE ON APPROPRIATIONS PURSUANT TO
SECTIONS 302 AND 314(a) OF THE CONGRESSIONAL BUDGET ACT
----------------------------------------------------------------------------------------------------------------
Overseas
$s in billions Program Disaster Emergency contingency Total
integrity relief operations
----------------------------------------------------------------------------------------------------------------
Agriculture:
Budget Authority......................... 0.000 0.000 0.000 0.000 0.000
Outlays.................................. 0.000 0.000 0.000 0.000 0.000
Commerce-Justice-Science:
Budget Authority......................... 0.000 0.000 0.000 0.000 0.000
Outlays.................................. 0.000 0.000 0.000 0.000 0.000
Defense:
Budget Authority......................... 0.000 0.000 0.000 85.191 85.191
Outlays.................................. 0.000 0.000 0.000 43.140 43.140
Energy & Water:
Buget Authority.......................... 0.000 0.000 0.000 0.000 0.000
Outlays.................................. 0.000 0.000 0.000 0.000 0.000
Financial Services:
Budget Authority......................... 0.000 0.000 0.000 0.000 0.000
Outlays.................................. 0.000 0.000 0.000 0.000 0.000
Homeland Security:
Budget Authority......................... 0.000 5.626 0.000 0.227 5.853
Outlays.................................. 0.000 0.281 0.000 0.182 0.463
Interior and Related Agencies:
Budget Authority......................... 0.000 0.000 0.000 0.000 0.000
Outlays.................................. 0.000 0.000 0.000 0.000 0.000
Labor-HHS-ED:
Budget Authority......................... 0.924 0.000 0.000 0.000 0.924
Outlays.................................. 0.832 0.000 0.000 0.000 0.832
Legislative Branch:
Budget Authority......................... 0.000 0.000 0.000 0.000 0.000
Outlays.................................. 0.000 0.000 0.000 0.000 0.000
MilCon-VA:
Budget Authority......................... 0.000 0.000 0.000 0.000 0.000
Outlays.................................. 0.000 0.000 0.000 0.000 0.000
State-Foreign Operations:
Budget Authority......................... 0.000 0.000 0.000 6.520 6.520
Outlays.................................. 0.000 0.000 0.000 1.885 1.885
Transportation-HUD:
Budget Authority......................... 0.000 0.000 0.000 0.000 0.000
Outlays.................................. 0.000 0.000 0.050 0.000 0.050
------------------------------------------------------------------
Total:
Budget Authority..................... 0.924 5.626 0.000 91.938 98.488
Outlays.............................. 0.832 0.281 0.050 45.207 46.370
----------------------------------------------------------------------------------------------------------------
Breakdown of Above Adjustments by Category:
Revised Security Category Budget 0.000 0.000 0.000 85.418 85.418
Authority...............................
Revised Nonsecurity Category Budget 0.924 5.626 0.000 6.520 13.070
Authority...............................
General Purpose Discretionary Outlays.... 0.832 0.281 0.050 45.207 46.370
----------------------------------------------------------------------------------------------------------------
TABLE 11.--SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 111 OF THE BIPARTISAN
BUDGET ACT OF 2013 AND SECTION 302 OF THE CONGRESSIONAL BUDGET ACT--BUDGET YEAR 2014
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Direct Spending Legislation Entitlements Funded In Annual
-------------------------------------- Appropriations Acts
Committee -------------------------------------
Budget Authority Outlays Budget Authority Outlays
----------------------------------------------------------------------------------------------------------------
Appropriations:
Revised Security Category 605,882 n/a
Discretionary Budget
Authority*.................
Revised Nonsecurity Category 504,843 n/a
Discretionary Budget
Authority*.................
General Purpose n/a 1,201,186
Discretionary Outlays*.....
Memo: on-budget................. 1,105,600 1,196,030
off-budget................ 5,125 5,156
Mandatory................... 834.636 818,871
--------------------------------------
Total................... 1,945,361 2,020,057
Agriculture, Nutrition, and Forestry 12,852 11,862 122,905 107,615
Armed Services...................... 150,201 149,986 110 107
Banking, Housing, and Urban Affairs. 22,231 1,767 0 0
Commerce, Science, and 15,648 10,850 1,460 1,478
Transportation.....................
Energy and Natural Resources........ 2,073 4,917 62 62
Environment and Public Works........ 43,717 3,310 0 0
Finance............................. 1,311,988 1,304,815 602,099 602,061
Foreign Relations................... 29,118 26,085 159 159
Homeland Security and Governmental 102,892 99,882 9,234 9,234
Affairs............................
Judiciary........................... 20,481 12,651 811 801
Health, Education, Labor, and -1,812 10,196 15,679 15,540
Pensions...........................
Rules and Administration............ 40 6 24 24
Intelligence........................ 0 0 514 514
Veterans' Affairs................... 928 1,144 81,475 81,172
Indian Affairs...................... 907 1,408 0 0
Small Business...................... 0 0 0 0
Unassigned to Committee............. -726.663 -716,686 104 104
---------------------------------------------------------------------------
Total................... 2,929,962 2,942,250 834,636 818,871
----------------------------------------------------------------------------------------------------------------
*Note: includes adjustments to the budget authority and outlay allocations to the Committee on Appropriations
pursuant to sections 302 and 314(a) of the Congressional Budget Act of 1974.
TABLE 12.--SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 111 OF THE BIPARTISAN
BUDGET ACT OF 2013 AND SECTION 302 OF THE CONGRESSIONAL BUDGET ACT, 5-YEAR: 2014-2018
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Direct Spending Legislation Entitlements Funded In Annual
-------------------------------------- Appropriations Acts
Committee -------------------------------------
Budget Authority Outlays Budget Authority Outlays
----------------------------------------------------------------------------------------------------------------
Agriculture, Nutrition, and Forestry 68,964 66,695 618,290 548,862
Armed Services...................... 803,939 803,677 522 514
Banking, Housing, and Urban Affairs. 114,359 -3,763 0 0
Commerce, Science, and 84,098 60,727 8,338 8,106
Transportation.....................
Energy and Natural Resources........ 21,135 24,493 310 310
Environment and Public Works........ 219,493 20,409 0 0
Finance............................. 7,664,235 7,646,654 3,494,218 3,494,377
Foreign Relations................... 130,444 125,264 795 795
Homeland Security and Governmental 547,584 534,512 45,791 45,791
Affairs............................
Judiciary........................... 64,652 66,854 4,349 4,329
Health, Education, Labor, and 55,361 76,283 85,937 85,569
Pensions...........................
Rules and Administration............ 189 71 130 130
Intelligence........................ 0 0 2,570 2,570
Veterans' Affairs................... 4,062 5,177 437,999 436,484
Indian Affairs...................... 3,626 5,527 0 0
Small Business...................... 0 0 0 0
----------------------------------------------------------------------------------------------------------------
TABLE 13.--SENATE COMMITTEE BUDGET AUTHORITY AND OUTLAY ALLOCATIONS PURSUANT TO SECTION 111 OF THE BIPARTISAN
BUDGET ACT OF 2013 AND SECTION 302 OF THE CONGRESSIONAL BUDGET ACT, 10-YEAR: 2014-2023
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Direct Spending Legislation Entitlements Funded In Annual
-------------------------------------- Appropriations Acts
Committee -------------------------------------
Budget Authority Outlays Budget Authority Outlays
----------------------------------------------------------------------------------------------------------------
Agriculture, Nutrition, and Forestry 141,305 137,659 1,246,249 1,102,907
Armed Services...................... 1,758,840 1,762,789 1,034 1,016
Banking, Housing, and Urban Affairs. 207,543 -60,746 0 0
Commerce, Science, and 174,722 124,675 19,036 18,418
Transportation.....................
Energy and Natural Resources........ 47,131 50,524 620 620
Environment and Public Works........ 433,619 41,574 0 0
Finance............................. 19,084,627 19,067,886 8,354,833 8,354,805
Foreign Relations................... 241,385 235,012 1,590 1,590
Homeland Security and Governmental 1,190,302 1,161,411 87,036 87,036
Affairs............................
Judiciary........................... 118,621 121,407 9,519 9,484
Health, Education, Labor, and 179,501 200,042 201,258 200,530
Pensions...........................
Rules and Administration............ 371 206 292 292
Intelligence........................ 0 0 5,140 5,140
Veterans' Affairs................... 6,426 8,658 948,052 945,022
Indian Affairs...................... 7,829 9,756 0 0
Small Business...................... 0 0 0 0
----------------------------------------------------------------------------------------------------------------
Changes in Existing Law Made by the
Bipartisan Budget Act of 2013
Changes in Existing Law Made by the
Bipartisan Budget Act of 2013
Changes made by the Bipartisan Budget Act of 2013 are shown
as follows (law having been deleted is enclosed in black
brackets, new matter is printed in italics, law in which no
change was made is shown in roman):
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.
(a) * * *
* * * * * * *
(c) Definitions.--
As used in this part:
(1)* * *
* * * * * * *
(4)(A) * * *
* * * * * * *
(D) The term ``revised security category'' means
discretionary appropriations in budget function 050.
(E) The term ``revised nonsecurity category'' means
discretionary appropriations other than in budget
function 050.
(F) The term ``category'' means the subsets of
discretionary appropriations in section 251(c).
Discretionary appropriations in each of the categories
shall be those designated in the joint explanatory
statement accompanying the conference report on the
Balanced Budget Act of 1997. New accounts or activities
shall be categorized only after consultation with the
Committees on Appropriations and the Budget of the
House of Representatives and the Senate and that
consultation shall, to the extent practicable, include
written communication to such committees that affords
such committees the opportunity to comment before
official action is taken with respect to new accounts
or activities.
* * * * * * *
SEC. 251. ENFORCING DISCRETIONARY SPENDING LIMITS.
(a) * * *
* * * * * * *
(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) for fiscal year 2013--
[(A) for the security category, as defined
in section 250(c)(4)(B), $684,000,000,000 in
budget authority; and
[(B) for the nonsecurity category, as
defined in section 250(c)(4)(A),
$359,000,000,000 in budget authority;
[(3) for fiscal year 2014--
[(A) for the security category,
$552,000,000,000 in budget authority; and
[(B) for the nonsecurity category,
$506,000,000,000 in 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;]
(1) for fiscal year 2014--
(A) for the revised security category,
$520,464,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$491,773,000,000 in new budget authority;
(2) for fiscal year 2015--
(A) for the revised security category,
$521,272,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$492,356,000,000 in new budget authority;
(3) for fiscal year 2016--
(A) for the revised security category,
$577,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$530,000,000,000 in new budget authority;
(4) for fiscal year 2017--
(A) for the revised security category,
$590,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$541,000,000,000 in new budget authority;
(5) for fiscal year 2018--
(A) for the revised security category,
$603,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$553,000,000,000 in new budget authority;
(6) for fiscal year 2019--
(A) for the revised security category,
$616,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$566,000,000,000 in new budget authority;
(7) for fiscal year 2020--
(A) for the revised security category,
$630,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$578,000,000,000 in new budget authority; and
(8) for fiscal year 2021--
(A) for the revised security category,
$644,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$590,000,000,000 in new budget authority;
as adjusted in strict conformance with subsection (b).
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:] Discretionary appropriations and direct
spending accounts shall be reduced in accordance with this
section 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)] (1) 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) * * *
* * * * * * *
[(4)] (2) Allocation to functions.--On March 1,
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)] paragraph (1) 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)] (3) 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)] paragraph
(2);
* * * * * * *
(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)]
paragraph (2) and subtracting the discretionary
reduction calculated pursuant to subparagraph
(A).
[(6)] (4) 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)] paragraph
(2);
* * * * * * *
(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)] paragraph (2) and subtracting
the discretionary reduction calculated pursuant
to subparagraph (A).
[(7)] (5) Implementing discretionary reductions.--
(A) Fiscal year 2013.--On March 1, 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)] paragraph (3); and
(ii) for the revised nonsecurity
category, an amount equal to the
nondefense function discretionary
reduction calculated pursuant to
[paragraph (6)] paragraph (4).
(B) Fiscal years 2014-2021.-- [On] Except
as provided by paragraph (10), 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)]
paragraph (3); and
(ii) for the revised nonsecurity
category by the amount of the
nondefense function discretionary
reduction calculated pursuant to
[paragraph (6)] paragraph (4).
[(8)] (6) Implementing direct spending
reductions.-- (A) On the date specified in [paragraph
(4)] paragraph (2) 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)] paragraphs (3) and (4). 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.
(B) On the dates OMB issues its sequestration
preview reports for fiscal year 2022 and for fiscal
year 2023, pursuant to section 254(c), the President
shall order a sequestration, effective upon issuance
such that--
(i) the percentage reduction for nonexempt
direct spending for the defense function is the
same percent as the percentage reduction for
nonexempt direct spending for the defense
function for fiscal year 2021 calculated under
paragraph (3)(B); and
(ii) the percentage reduction for nonexempt
direct spending for nondefense functions is the
same percent as the percentage reduction for
nonexempt direct spending for nondefense
functions for fiscal year 2021 calculated under
paragraph (4)(B).
[(9)] (7) 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)] paragraph (6), OMB shall increase the
reduction for all other discretionary appropriations
and direct spending under [paragraph (6)] paragraph (4)
by a uniform percentage to a level sufficient to
achieve the reduction required by [paragraph (6)]
paragraph (4) in the non-defense function.
[(10)] (8) Implementation of reductions.--Any
reductions imposed under this section shall be
implemented in accordance with section 256(k).
[(11)] (9) Report.--On the dates specified in
[paragraph (4)] paragraph (2), 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.
(10) Implementing direct spending reductions for
fiscal years 2014 and 2015.--(A) OMB shall make the
calculations necessary to implement the direct spending
reductions calculated pursuant to paragraphs (3) and
(4) without regard to the amendment made to section
251(c) revising the discretionary spending limits for
fiscal years 2014 and 2015 by the Bipartisan Budget Act
of 2013.
(B) Paragraph (5)(B) shall not be implemented for
fiscal years 2014 and 2015.
SEC. 252. ENFORCING PAY-AS-YOU-GO.
(a) * * *
(b) Sequestration.--
(1) * * *
(2) Calculation of deficit increase.--OMB shall
calculate the amount of deficit increase or decrease by
adding--
(A) * * *
(B) the estimated amount of savings in
direct spending programs [applicable to budget
year] applicable to the 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) 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) * * *
* * * * * * *
(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)] subsection (b); 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.
* * * * * * *
SEC. 254. REPORTS AND ORDERS.
(a) * * *
* * * * * * *
(c) Sequestration Preview Reports.--
(1) * * *
* * * * * * *
(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)] section 252(b).
* * * * * * *
(f) Final Sequestration Reports.--
(1) * * *
* * * * * * *
(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)] section 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.
* * * * * * *
SEC. 255. EXEMPT PROGRAMS AND ACTIVITIES.
(a) Social Security Benefits and Tier I Railroad Retirement
Benefits.--Benefits payable under the old-age, survivors, and
disability insurance program established under title II of the
Social Security Act (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] sections 3 and 4 of the
Railroad Retirement Act of 1937 (45 U.S.C. 231 et seq.), shall
be exempt from reduction under any order issued under this
part.
* * * * * * *
(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]
section 401 of 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).
* * * * * * *
(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)] (k) 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. 257. THE BASELINE.
(a) * * *
(b) Direct Spending and Receipts.--For the budget year and
each outyear, the baseline shall be calculated using the
following assumptions:
(1) * * *
(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]
differences between CBO and OMB.
* * * * * * *
SEC. 258. SUSPENSION IN THE EVENT OF WAR OR LOW GROWTH.
(a) Procedures in the Event of a Low Growth Report.--
(1) Trigger.--Whenever CBO issues a low-growth
report under [section 254(j)] section 254(i), 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.
* * * * * * *
----------
CONGRESSIONAL BUDGET ACT OF 1974
* * * * * * *
TITLE III--CONGRESSIONAL BUDGET PROCESS
* * * * * * *
annual adoption of concurrent resolution on the budget
Sec. 301. (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) * * *
* * * * * * *
(6) [For purposes] 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] 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] 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.
* * * * * * *
committee allocations
Sec. 302. (a) * * *
* * * * * * *
(g) Pay-as-You-Go Exception in the House.--
(1) * * *
(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] 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.
* * * * * * *
provisions relating to the consideration of concurrent resolutions on
the budget
Sec. 305. (a) Procedure in House of Representatives After
Report of Committee; Debate.--
(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] clause 4 of rule XIII 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.
* * * * * * *
(5) 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] provisions of rule XVIII 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.
* * * * * * *
(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)] section 304 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.
* * * * * * *
legislation dealing with congressional budget must be handled by budget
committees
Sec. 306. [No] (a) In the Senate._In the Senate, 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.
(b) In the House of Representatives.--In the House of
Representatives, no bill or joint resolution, or amendment
thereto, or conference report thereon, dealing with any matter
which is within the jurisdiction of the Committee on the Budget
shall be considered unless it is a bill or joint resolution
which has been reported by the Committee on the Budget (or from
the consideration of which such committee has been discharged)
or unless it is an amendment to such a bill or joint
resolution.
reports, summaries, and projections of congressional budget actions
Sec. 308. (a) * * *
* * * * * * *
(d) [Scorekeeping Guidelines.--] 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.
* * * * * * *
reconciliation
Sec. 310. (a) * * *
* * * * * * *
(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] under that paragraph by more
than----
(I) * * *
(ii) the amount of the changes of the type
described in paragraph (2) of such subsection
recommended by such committee do not exceed or
fall below the amount of the changes such
committee was directed by such concurrent
resolution to recommend [under that paragraph
by more than] under that paragraph by more
than--
(I) * * *
* * * * * * *
adjustments
Sec. 314. (a) * * *
* * * * * * *
(d) Emergencies in the House of Representatives.--(1) * * *
(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)] (A) In the House of Representatives, a proposal to
strike a designation [under subparagraph (A)] under paragraph
(1) 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)] (B) An amendment offered [under subparagraph (B)]
under subparagraph (A) 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.
* * * * * * *
Effect of adoption of a special order of business in the house of
representatives
Sec. 315. 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. In
the case of a reported bill or joint resolution considered
pursuant to a special order of business, a point of order under
section 303 shall be determined on the basis of the text made
in order as an original bill or joint resolution for the
purpose of amendment or to the text on which the previous
question is ordered directly to passage, as the case may be.
TITLE IV--ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES
Part A--General Provisions
budget-related legislation not subject to appropriations
Sec. 401. (a) * * *
(b) Legislation Providing New Entitlement Authority.--
(1) * * *
(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)] section 302(a) 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.
* * * * * * *
(c) Exceptions.--
(1) * * *
* * * * * * *
(3) In the House of Representatives, subsections
(a) and (b) shall not apply to new authority described
in those subsections to the extent that a provision in
a bill or joint resolution, or an amendment thereto or
a conference report thereon, establishes prospectively
for a Federal office or position a specified or minimum
level of compensation to be funded by annual
discretionary appropriations.
* * * * * * *
Part B--Federal Mandates
SEC. 421. DEFINITIONS.
For purposes of this part:
(1) * * *
* * * * * * *
(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) * * *
(II) a duty arising from
participation in a voluntary
Federal program, except as
provided in [subparagraph (B))]
subparagraph (B); or
* * * * * * *
TITLE V--CREDIT REFORM
* * * * * * *
SEC. 505. AUTHORIZATIONS.
(a) * * *
* * * * * * *
(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)]
section 405(b)) 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)] section
405(b), 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.
* * * * * * *
TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES
* * * * * * *
exercise of rulemaking powers
Sec. 904. (a) * * *
* * * * * * *
(c) Waivers.--
(1) * * *
(2) Temporary.--Sections 301(i), 302(c), 302(f),
310(g), 311(a), 312(b), 312(c), [and 314(e)] 314(e),
and 314(f) of this Act and sections 258(a)(4)(C),
[258A(b)(3)(C)(I)] 258A(b)(3)(C)(i), 258B(f)(1),
258B(h)(1), [258(h)(3)] 258B(h)(3), 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.
(d) Appeals.--
(1) * * *
* * * * * * *
(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)] 312(c), 314(e), and 314(f) of this
Act and sections 258(a)(4)(C), [258A(b)(3)(C)(I)]
258A(b)(3)(C)(i), 258B(f)(1), 258B(h)(1), [258(h)(3)]
258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
* * * * * * *
SOCIAL SECURITY ACT
TITLE II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS
* * * * * * *
age and survivors insurance benefit payments
Sec. 202. (a) * * *
* * * * * * *
Limitation on Payments to Prisoners, Certain Other Inmates of Publicly
Funded Institutions, Fugitives, Probationers, and Parolees
(x)(1) * * *
* * * * * * *
(3)(A) * * *
(B)(i) The Commissioner shall enter into an agreement under
this subparagraph with any interested State or local
institution comprising a jail, prison, penal institution, or
correctional facility, or comprising any other institution a
purpose of which is to confine individuals as described in
paragraph (1)(A)(ii). Under such agreement--
(I) the institution shall provide to the
Commissioner, on a monthly basis and in a manner
specified by the Commissioner, the first, middle, and
last names, Social Security account numbers[,] or
taxpayer identification numbers, prison assigned inmate
numbers, last known addresses, dates of birth,
confinement commencement dates, dates of release or
anticipated dates of release, dates of work release,
and, to the extent available to the institution, such
other identifying information concerning the
individuals confined in the institution as the
Commissioner may require for the purpose of carrying
out paragraph (1) and clause (iv) of this subparagraph
and other provisions of this title; and
* * * * * * *
(iv) The Commissioner shall maintain, and shall provide on
a reimbursable basis, information obtained pursuant to
agreements entered into under this paragraph to any agency
administering a Federal or federally-assisted cash, food, or
medical assistance program for eligibility and other
administrative purposes under such program, for statistical and
research activities conducted by Federal and State agencies,
and to the Secretary of the Treasury for the purposes of tax
administration, debt collection, and identifying, preventing,
and recovering improper payments under federally funded
programs.
(v)(I) The Commissioner may disclose information received
pursuant to this paragraph to any officer, employee, agent, or
contractor of the Department of the Treasury whose official
duties require such information to assist in the
identification, prevention, and recovery of improper payments
or in the collection of delinquent debts owed to the United
States, including payments certified by the head of an
executive, judicial, or legislative paying agency, and payments
made to individuals whose eligibility, or continuing
eligibility, to participate in a Federal program (including
those administered by a State or political subdivision thereof)
is being reviewed.
(II) Notwithstanding the provisions of section 552a of
title 5, United States Code, or any other provision of Federal
or State law, the Secretary of the Treasury may compare
information disclosed under subclause (I) with any other
personally identifiable information derived from a Federal
system of records or similar records maintained by a Federal
contractor, a Federal grantee, or an entity administering a
Federal program or activity, and may redisclose such comparison
of information to any paying or administering agency and to the
head of the Federal Bureau of Prisons and the head of any State
agency charged with the administration of prisons with respect
to inmates whom the Secretary of the Treasury has determined
may have been issued, or facilitated in the issuance of, an
improper payment.
(III) The comparison of information disclosed under
subclause (I) shall not be considered a matching program for
purposes of section 552a of title 5, United States Code.
* * * * * * *
TITLE III--GRANTS TO STATES FOR UNEMPLOYMENT COMPENSATION
ADMINISTRATION
* * * * * * *
provisions of state laws
Sec. 303. (a) * * *
* * * * * * *
(m) In the case of a covered unemployment compensation debt
(as defined under section 6402(f)(4) of the Internal Revenue
Code of 1986) that remains uncollected as of the date that is 1
year after the debt was finally determined to be due and
collected, the State to which such debt is owed shall take
action to recover such debt under section 6402(f) of the
Internal Revenue Code of 1986.
* * * * * * *
TITLE XVI--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
* * * * * * *
Part A--Determination of Benefits
ELIGIBILITY FOR AND AMOUNT OF BENEFITS
Sec. 1611. (a) * * *
* * * * * * *
Limitation on Eligibility of Certain Individuals
(e)(1)(A) * * *
* * * * * * *
(I)(i) The Commissioner shall enter into an agreement, with
any interested State or local institution comprising a jail,
prison, penal institution, or correctional facility, or with
any other interested State or local institution a purpose of
which is to confine individuals as described in section
202(x)(1)(A)(ii), under which--
(I) the institution shall provide to the
Commissioner, on a monthly basis and in a manner
specified by the Commissioner, the first, middle, and
last names, social security account numbers[,] or
taxpayer identification numbers, prison assigned inmate
numbers, last known addresses, dates of birth,
confinement commencement dates, dates of release or
anticipated dates of release, dates of work release,
and, to the extent available to the institution, such
other identifying information concerning the inmates of
the institution as the Commissioner may require for the
purpose of carrying out this paragraph and clause (iv)
of this subparagraph and the other provisions of this
title; and
* * * * * * *
(iii) The Commissioner shall provide, on a reimbursable
basis, information obtained pursuant to agreements entered into
under clause (i) to any Federal or federally-assisted cash,
food, or medical assistance program for eligibility and other
administrative purposes under such program, for statistical and
research activities conducted by Federal and State agencies,
and to the Secretary of the Treasury for the purposes of tax
administration, debt collection, and identifying, preventing,
and recovering improper payments under federally funded
programs.
* * * * * * *
(v)(I) The Commissioner may disclose information received
pursuant to this paragraph to any officer, employee, agent, or
contractor of the Department of the Treasury whose official
duties require such information to assist in the
identification, prevention, and recovery of improper payments
or in the collection of delinquent debts owed to the United
States, including payments certified by the head of an
executive, judicial, or legislative paying agency, and payments
made to individuals whose eligibility, or continuing
eligibility, to participate in a Federal program (including
those administered by a State or political subdivision thereof)
is being reviewed.
(II) Notwithstanding the provisions of section 552a of
title 5, United States Code, or any other provision of Federal
or State law, the Secretary of the Treasury may compare
information disclosed under subclause (I) with any other
personally identifiable information derived from a Federal
system of records or similar records maintained by a Federal
contractor, a Federal grantee, or an entity administering a
Federal program or activity and may redisclose such comparison
of information to any paying or administering agency and to the
head of the Federal Bureau of Prisons and the head of any State
agency charged with the administration of prisons with respect
to inmates whom the Secretary of the Treasury has determined
may have been issued, or facilitated in the issuance of, an
improper payment.
(III) The comparison of information disclosed under
subclause (I) shall not be considered a matching program for
purposes of section 552a of title 5, United States Code.
* * * * * * *
TITLE XIX--GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS
* * * * * * *
STATE PLANS FOR MEDICAL ASSISTANCE
Sec. 1902. (a) A State plan for medical assistance must--
(1) * * *
* * * * * * *
(25) provide--
(A) * * *
(B) that in any case where such a legal
liability is found to exist after medical
assistance has been made available on behalf of
the individual and where the amount of
reimbursement the State can reasonably expect
to recover exceeds the costs of such recovery,
the State or local agency will seek
reimbursement for such assistance [to the
extent of such legal liability];
* * * * * * *
(E) that in the case of prenatal or
preventive pediatric care (including early and
periodic screening and diagnosis services under
section 1905(a)(4)(B)) covered under the State
plan, the State shall--
(i) make payment for such service
in accordance with the usual payment
schedule under such plan for such
services without regard to the
liability of a third party for payment
for such services, except that the
State may, if the State determines
doing so is cost-effective and will not
adversely affect access to care, only
make such payment if a third party so
liable has not made payment within 90
days after the date the provider of
such services has initially submitted a
claim to such third party for payment
for such services; and
* * * * * * *
(F) that in the case of any services
covered under such plan which are provided to
an individual on whose behalf child support
enforcement is being carried out by the State
agency under part D of title IV of this Act,
the State shall--
(i) make payment for such service
in accordance with the usual payment
schedule under such plan for such
services without regard to any third-
party liability for payment for such
services, if such third-party liability
is derived (through insurance or
otherwise) from the parent whose
obligation to pay support is being
enforced by such agency, if payment has
not been made by such third party
within [30 days after such services are
furnished] 90 days after the date the
provider of such services has initially
submitted a claim to such third party
for payment for such services, except
that the State may make such payment
within 30 days after such date if the
State determines doing so is cost-
effective and necessary to ensure
access to care.;
* * * * * * *
(H) that to the extent that payment has
been made under the State plan for medical
assistance in any case where a third party has
a legal liability to make payment for such
assistance, the State has in effect laws under
which, to the extent that payment has been made
under the State plan for medical assistance for
health care items or services furnished to an
individual, the State is considered to have
acquired the rights of such individual to
[payment by any other party for such health
care items or services] any payments by such
third party; and
* * * * * * *
ASSIGNMENT OF RIGHTS OF PAYMENT
Sec. 1912. (a) For the purpose of assisting in the
collection of medical support payments and other payments for
medical care owed to recipients of medical assistance under the
State plan approved under this title, a State plan for medical
assistance shall--
(1) provide that, as a condition of eligibility for
medical assistance under the State plan to an
individual who has the legal capacity to execute an
assignment for himself, the individual is required--
(A) to assign the State any rights, of the
individual or of any other person who is
eligible for medical assistance under this
title and on whose behalf the individual has
the legal authority to execute an assignment of
such rights, to support (specified as support
for the purpose of medical care by a court or
administrative order) and to [payment for
medical care from any third party] any payment
from a third party that has a legal liability
to pay for care and services available under
the plan;
* * * * * * *
liens, adjustments and recoveries, and transfers of assets
Sec. 1917. (a)(1) No lien may be imposed against the
property of any individual prior to his death on account of
medical assistance paid or to be paid on his behalf under the
State plan, except--
[(A) pursuant to the judgment of a court on account
of benefits incorrectly paid on behalf of such
individual, or]
(A) pursuant to--
(i) the judgment of a court on account of
benefits incorrectly paid on behalf of such
individual, or
(ii) rights acquired by or assigned to the
State in accordance with section 1902(a)(25)(H)
or section 1912(a)(1)(A), or
* * * * * * *
----------
IMPROPER PAYMENTS ELIMINATION AND RECOVERY IMPROVEMENT ACT OF 2012
* * * * * * *
SEC. 5. DO NOT PAY INITIATIVE.
(a) Prepayment and Preaward Procedures.--
(1) * * *
(2) Databases.--At a minimum and before issuing any
payment and award, each agency shall review as
appropriate the following databases to verify
eligibility of the payment and award:
(A) * * *
* * * * * * *
(F) Information regarding incarcerated
individuals maintained by the Commissioner of
Social Security under sections 202(x) and
1611(e) of the Social Security Act.
* * * * * * *
----------
ENERGY POLICY ACT OF 2005
* * * * * * *
TITLE IX--RESEARCH AND DEVELOPMENT
* * * * * * *
[Subtitle J--Ultra-Deepwater and Unconventional Natural Gas and Other
Petroleum Resources
[SEC. 999A. PROGRAM AUTHORITY.
[(a) In General.--The Secretary shall carry out a program
under this subtitle of research, development, demonstration,
and commercial application of technologies for ultra-deepwater
and unconventional natural gas and other petroleum resource
exploration and production, including addressing the technology
challenges for small producers, safe operations, and
environmental mitigation (including reduction of greenhouse gas
emissions and sequestration of carbon).
[(b) Program Elements.--The program under this subtitle
shall address the following areas, including improving safety
and minimizing environmental impacts of activities within each
area:
[(1) Ultra-deepwater architecture and technology,
including drilling to formations in the Outer
Continental Shelf to depths greater than 15,000 feet.
[(2) Unconventional natural gas and other petroleum
resource exploration and production technology.
[(3) The technology challenges of small producers.
[(4) Complementary research performed by the
National Energy Technology Laboratory for the
Department.
[(c) Limitation on Location of Field Activities.--Field
activities under the program under this subtitle shall be
carried out only--
[(1) in--
[(A) areas in the territorial waters of the
United States not under any Outer Continental
Shelf moratorium as of September 30, 2002;
[(B) areas onshore in the United States on
public land administered by the Secretary of
the Interior available for oil and gas leasing,
where consistent with applicable law and land
use plans; and
[(C) areas onshore in the United States on
State or private land, subject to applicable
law; and
[(2) with the approval of the appropriate Federal
or State land management agency or private land owner.
[(d) Activities at the National Energy Technology
Laboratory.--The Secretary, through the National Energy
Technology Laboratory, shall carry out a program of research
and other activities complementary to and supportive of the
research programs under subsection (b).
[(e) Consultation With Secretary of the Interior.--In
carrying out this subtitle, the Secretary shall consult
regularly with the Secretary of the Interior.
[SEC. 999B. ULTRA-DEEPWATER AND UNCONVENTIONAL ONSHORE NATURAL GAS AND
OTHER PETROLEUM RESEARCH AND DEVELOPMENT PROGRAM.
[(a) In General.--The Secretary shall carry out the
activities under section 999A, to maximize the value of natural
gas and other petroleum resources of the United States, by
increasing the supply of such resources, through reducing the
cost and increasing the efficiency of exploration for and
production of such resources, while improving safety and
minimizing environmental impacts.
[(b) Role of the Secretary.--The Secretary shall have
ultimate responsibility for, and oversight of, all aspects of
the program under this section.
[(c) Role of the Program Consortium.--
[(1) In general.--The Secretary shall contract with
a corporation that is structured as a consortium to
administer the programmatic activities outlined in this
chapter. The program consortium shall--
[(A) administer the program pursuant to
subsection (f)(3), utilizing program
administration funds only;
[(B) issue research project solicitations
upon approval of the Secretary or the
Secretary's designee;
[(C) make project awards to research
performers upon approval of the Secretary or
the Secretary's designee;
[(D) disburse research funds to research
performers awarded under subsection (f) as
directed by the Secretary in accordance with
the annual plan under subsection (e); and
[(E) carry out other activities assigned to
the program consortium by this section.
[(2) Limitation.--The Secretary may not assign any
activities to the program consortium except as
specifically authorized under this section.
[(3) Conflict of interest.--
[(A) Procedures.--The Secretary shall
establish procedures--
[(i) to ensure that each board
member, officer, or employee of the
program consortium who is in a
decisionmaking capacity under
subsection (f)(3) shall disclose to the
Secretary any financial interests in,
or financial relationships with,
applicants for or recipients of awards
under this section, including those of
his or her spouse or minor child,
unless such relationships or interests
would be considered to be remote or
inconsequential; and
[(ii) to require any board member,
officer, or employee with a financial
relationship or interest disclosed
under clause (i) to recuse himself or
herself from any oversight under
subsection (f)(4) with respect to such
applicant or recipient.
[(B) Failure to comply.--The Secretary may
disqualify an application or revoke an award
under this section if a board member, officer,
or employee has failed to comply with
procedures required under subparagraph (A)(ii).
[(d) Selection of the Program Consortium.--
[(1) In general.--The Secretary shall select the
program consortium through an open, competitive
process.
[(2) Members.--The program consortium may include
corporations, trade associations, institutions of
higher education, National Laboratories, or other
research institutions. After submitting a proposal
under paragraph (4), the program consortium may not add
members without the consent of the Secretary.
[(3) Requirement of section 501(c)(3) status.--The
Secretary shall not select a consortium under this
section unless such consortium is an organization
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under such section
501(a) of such Code.
[(4) Schedule.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall
solicit proposals from eligible consortia to perform
the duties in subsection (c)(1), which shall be
submitted not later than 180 days after the date of
enactment of this Act. The Secretary shall select the
program consortium not later than 270 days after such
date of enactment.
[(5) Application.--Applicants shall submit a
proposal including such information as the Secretary
may require. At a minimum, each proposal shall--
[(A) list all members of the consortium;
[(B) fully describe the structure of the
consortium, including any provisions relating
to intellectual property; and
[(C) describe how the applicant would carry
out the activities of the program consortium
under this section.
[(6) Eligibility.--To be eligible to be selected as
the program consortium, an applicant must be an entity
whose members have collectively demonstrated
capabilities and experience in planning and managing
research, development, demonstration, and commercial
application programs for ultra-deepwater and
unconventional natural gas or other petroleum
exploration or production.
[(7) Focus areas for awards.--
[(A) Ultra-deepwater resources.--Awards
from allocations under section 999H(d)(1) shall
focus on the development and demonstration of
individual exploration and production
technologies as well as integrated systems
technologies including new architectures for
production in ultra-deepwater.
[(B) Unconventional resources.--Awards from
allocations under section 999H(d)(2) shall
focus on areas including advanced coalbed
methane, deep drilling, natural gas production
from tight sands, natural gas production from
gas shales, stranded gas, innovative
exploration and production techniques, enhanced
recovery techniques, and environmental
mitigation of unconventional natural gas and
other petroleum resources exploration and
production.
[(C) Small producers.--Awards from
allocations under section 999H(d)(3) shall be
made to consortia consisting of small producers
or organized primarily for the benefit of small
producers, and shall focus on areas including
complex geology involving rapid changes in the
type and quality of the oil and gas reservoirs
across the reservoir; low reservoir pressure;
unconventional natural gas reservoirs in
coalbeds, deep reservoirs, tight sands, or
shales; and unconventional oil reservoirs in
tar sands and oil shales.
[(e) Annual Plan.--
[(1) In general.--The program under this section
shall be carried out pursuant to an annual plan
prepared by the Secretary in accordance with paragraph
(2).
[(2) Development.--
[(A) Solicitation of recommendations.--
Before drafting an annual plan under this
subsection, the Secretary shall solicit
specific written recommendations from the
program consortium for each element to be
addressed in the plan, including those
described in paragraph (4). The program
consortium shall submit its recommendations in
the form of a draft annual plan.
[(B) Submission of recommendations; other
comment.--The Secretary shall submit the
recommendations of the program consortium under
subparagraph (A) to the Ultra-Deepwater
Advisory Committee established under section
999D(a) and to the Unconventional Resources
Technology Advisory Committee established under
section 999D(b), and such Advisory Committees
shall provide to the Secretary written comments
by a date determined by the Secretary. The
Secretary may also solicit comments from any
other experts.
[(C) Consultation.--The Secretary shall
consult regularly with the program consortium
throughout the preparation of the annual plan.
[(3) Publication.--The Secretary shall transmit to
Congress and publish in the Federal Register the annual
plan, along with any written comments received under
paragraph (2)(A) and (B).
[(4) Contents.--The annual plan shall describe the
ongoing and prospective activities of the program under
this section and shall include--
[(A) a list of any solicitations for awards
to carry out research, development,
demonstration, or commercial application
activities, including the topics for such work,
who would be eligible to apply, selection
criteria, and the duration of awards; and
[(B) a description of the activities
expected of the program consortium to carry out
subsection (f)(3).
[(5) Estimates of increased royalty receipts.--The
Secretary, in consultation with the Secretary of the
Interior, shall provide an annual report to Congress
with the President's budget on the estimated cumulative
increase in Federal royalty receipts (if any) resulting
from the implementation of this subtitle. The initial
report under this paragraph shall be submitted in the
first President's budget following the completion of
the first annual plan required under this subsection.
[(f) Awards.--
[(1) In general.--Upon approval of the Secretary
the program consortium shall make awards to research
performers to carry out research, development,
demonstration, and commercial application activities
under the program under this section. The program
consortium shall not be eligible to receive such
awards, but provided that conflict of interest
procedures in section 999B(c)(3) are followed, entities
who are members of the program consortium are not
precluded from receiving research awards as either
individual research performers or as research
performers who are members of a research collaboration.
[(2) Proposals.--Upon approval of the Secretary the
program consortium shall solicit proposals for awards
under this subsection in such manner and at such time
as the Secretary may prescribe, in consultation with
the program consortium.
[(3) Oversight.--
[(A) In general.--The program consortium
shall oversee the implementation of awards
under this subsection, consistent with the
annual plan under subsection (e), including
disbursing funds and monitoring activities
carried out under such awards for compliance
with the terms and conditions of the awards.
[(B) Effect.--Nothing in subparagraph (A)
shall limit the authority or responsibility of
the Secretary to oversee awards, or limit the
authority of the Secretary to review or revoke
awards.
[(g) Administrative Costs.--
[(1) In general.--To compensate the program
consortium for carrying out its activities under this
section, the Secretary shall provide to the program
consortium funds sufficient to administer the program.
This compensation may include a management fee
consistent with Department of Energy contracting
practices and procedures.
[(2) Advance.--The Secretary shall advance funds to
the program consortium upon selection of the
consortium, which shall be deducted from amounts to be
provided under paragraph (1).
[(h) Audit.--The Secretary shall retain an independent
auditor, which shall include a review by the General
Accountability Office, to determine the extent to which funds
provided to the program consortium, and funds provided under
awards made under subsection (f), have been expended in a
manner consistent with the purposes and requirements of this
subtitle. The auditor shall transmit a report (including any
review by the General Accountability Office) annually to the
Secretary, who shall transmit the report to Congress, along
with a plan to remedy any deficiencies cited in the report.
[(i) Activities by the United States Geological Survey.--
The Secretary of the Interior, through the United States
Geological Survey, shall, where appropriate, carry out programs
of long-term research to complement the programs under this
section.
[(j) Program Review and Oversight.--The National Energy
Technology Laboratory, on behalf of the Secretary, shall (1)
issue a competitive solicitation for the program consortium,
(2) evaluate, select, and award a contract or other agreement
to a qualified program consortium, and (3) have primary review
and oversight responsibility for the program consortium,
including review and approval of research awards proposed to be
made by the program consortium, to ensure that its activities
are consistent with the purposes and requirements described in
this subtitle. Up to 5 percent of program funds allocated under
paragraphs (1) through (3) of section 999H(d) may be used for
this purpose, including program direction and the establishment
of a site office if determined to be necessary to carry out the
purposes of this subsection.
[SEC. 999C. ADDITIONAL REQUIREMENTS FOR AWARDS.
[(a) Demonstration Projects.--An application for an award
under this subtitle for a demonstration project shall describe
with specificity the intended commercial use of the technology
to be demonstrated.
[(b) Flexibility in Locating Demonstration Projects.--
Subject to the limitation in section 999A(c), a demonstration
project under this subtitle relating to an ultra-deepwater
technology or an ultra-deepwater architecture may be conducted
in deepwater depths.
[(c) Intellectual Property Agreements.--If an award under
this subtitle is made to a consortium (other than the program
consortium), the consortium shall provide to the Secretary a
signed contract agreed to by all members of the consortium
describing the rights of each member to intellectual property
used or developed under the award.
[(d) Technology Transfer.--Two and one-half percent of the
amount of each award made under this subtitle shall be
designated for technology transfer and outreach activities
under this subtitle.
[(e) Cost Sharing Reduction for Independent Producers.--In
applying the cost sharing requirements under section 988 to an
award under this subtitle the Secretary may reduce or eliminate
the non-Federal requirement if the Secretary determines that
the reduction is necessary and appropriate considering the
technological risks involved in the project.
[(f) Information Sharing.--All results of the research
administered by the program consortium shall be made available
to the public consistent with Department policy and practice on
information sharing and intellectual property agreements.
[SEC. 999D. ADVISORY COMMITTEES.
[(a) Ultra-Deepwater Advisory Committee.--
[(1) Establishment.--Not later than 270 days after
the date of enactment of this Act, the Secretary shall
establish an advisory committee to be known as the
Ultra-Deepwater Advisory Committee.
[(2) Membership.--The Advisory Committee under this
subsection shall be composed of members appointed by
the Secretary, including--
[(A) individuals with extensive research
experience or operational knowledge of offshore
natural gas and other petroleum exploration and
production;
[(B) individuals broadly representative of
the affected interests in ultra-deepwater
natural gas and other petroleum production,
including interests in environmental protection
and safe operations;
[(C) no individuals who are Federal
employees; and
[(D) no individuals who are board members,
officers, or employees of the program
consortium.
[(3) Duties.--The Advisory Committee under this
subsection shall--
[(A) advise the Secretary on the
development and implementation of programs
under this subtitle related to ultra-deepwater
natural gas and other petroleum resources; and
[(B) carry out section 999B(e)(2)(B).
[(4) Compensation.--A member of the Advisory
Committee under this subsection shall serve without
compensation but shall receive travel expenses in
accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
[(b) Unconventional Resources Technology Advisory
Committee.--
[(1) Establishment.--Not later than 270 days after
the date of enactment of this Act, the Secretary shall
establish an advisory committee to be known as the
Unconventional Resources Technology Advisory Committee.
[(2) Membership.--The Secretary shall endeavor to
have a balanced representation of members on the
Advisory Committee to reflect the breadth of geographic
areas of potential gas supply. The Advisory Committee
under this subsection shall be composed of members
appointed by the Secretary, including--
[(A) a majority of members who are
employees or representatives of independent
producers of natural gas and other petroleum,
including small producers;
[(B) individuals with extensive research
experience or operational knowledge of
unconventional natural gas and other petroleum
resource exploration and production;
[(C) individuals broadly representative of
the affected interests in unconventional
natural gas and other petroleum resource
exploration and production, including interests
in environmental protection and safe
operations;
[(D) individuals with expertise in the
various geographic areas of potential supply of
unconventional onshore natural gas and other
petroleum in the United States;
[(E) no individuals who are Federal
employees; and
[(F) no individuals who are board members,
officers, or employees of the program
consortium.
[(3) Duties.--The Advisory Committee under this
subsection shall--
[(A) advise the Secretary on the
development and implementation of activities
under this subtitle related to unconventional
natural gas and other petroleum resources; and
[(B) carry out section 999B(e)(2)(B).
[(4) Compensation.--A member of the Advisory
Committee under this subsection shall serve without
compensation but shall receive travel expenses in
accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
[(c) Prohibition.--No advisory committee established under
this section shall make recommendations on funding awards to
particular consortia or other entities, or for specific
projects.
[SEC. 999E. LIMITS ON PARTICIPATION.
[An entity shall be eligible to receive an award under this
subtitle only if the Secretary finds--
[(1) that the entity's participation in the program
under this subtitle would be in the economic interest
of the United States; and
[(2) that either--
[(A) the entity is a United States-owned
entity organized under the laws of the United
States; or
[(B) the entity is organized under the laws
of the United States and has a parent entity
organized under the laws of a country that
affords--
[(i) to United States-owned
entities opportunities, comparable to
those afforded to any other entity, to
participate in any cooperative research
venture similar to those authorized
under this subtitle;
[(ii) to United States-owned
entities local investment opportunities
comparable to those afforded to any
other entity; and
[(iii) adequate and effective
protection for the intellectual
property rights of United States-owned
entities.
[SEC. 999F. SUNSET.
[The authority provided by this subtitle shall terminate on
September 30, 2014.
[SEC. 999G. DEFINITIONS.
[In this subtitle:
[(1) Deepwater.--The term ``deepwater'' means a
water depth that is greater than 200 but less than
1,500 meters.
[(2) Independent producer of oil or gas.--
[(A) In general.--The term ``independent
producer of oil or gas'' means any person that
produces oil or gas other than a person to whom
subsection (c) of section 613A of the Internal
Revenue Code of 1986 does not apply by reason
of paragraph (2) (relating to certain
retailers) or paragraph (4) (relating to
certain refiners) of section 613A(d) of such
Code.
[(B) Rules for applying paragraphs (2) and
(4) of section 613a(d).--For purposes of
subparagraph (A), paragraphs (2) and (4) of
section 613A(d) of the Internal Revenue Code of
1986 shall be applied by substituting
``calendar year'' for ``taxable year'' each
place it appears in such paragraphs.
[(3) Program administration funds.--The term
``program administration funds'' means funds used by
the program consortium to administer the program under
this subtitle, but not to exceed 10 percent of the
total funds allocated under paragraphs (1) through (3)
of section 999H(d).
[(4) Program consortium.--The term ``program
consortium'' means the consortium selected under
section 999B(d).
[(5) Program research funds.--The term ``program
research funds'' means funds awarded to research
performers by the program consortium consistent with
the annual plan.
[(6) Remote or inconsequential.--The term ``remote
or inconsequential'' has the meaning given that term in
regulations issued by the Office of Government Ethics
under section 208(b)(2) of title 18, United States
Code.
[(7) Small producer.--The term ``small producer''
means an entity organized under the laws of the United
States with production levels of less than 1,000
barrels per day of oil equivalent.
[(8) Ultra-deepwater.--The term ``ultra-deepwater''
means a water depth that is equal to or greater than
1,500 meters.
[(9) Ultra-deepwater architecture.--The term
``ultra-deepwater architecture'' means the integration
of technologies for the exploration for, or production
of, natural gas or other petroleum resources located at
ultra-deepwater depths.
[(10) Ultra-deepwater technology.--The term
``ultra-deepwater technology'' means a discrete
technology that is specially suited to address one or
more challenges associated with the exploration for, or
production of, natural gas or other petroleum resources
located at ultra-deepwater depths.
[(11) Unconventional natural gas and other
petroleum resource.--The term ``unconventional natural
gas and other petroleum resource'' means natural gas
and other petroleum resource located onshore in an
economically inaccessible geological formation,
including resources of small producers.
[SEC. 999H. FUNDING.
[(a) Oil and Gas Lease Income.--For each of fiscal years
2007 through 2017, from any Federal royalties, rents, and
bonuses derived from Federal onshore and offshore oil and gas
leases issued under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) and the Mineral Leasing Act (30 U.S.C. 181
et seq.) which are deposited in the Treasury, and after
distribution of any such funds as described in subsection (c),
$50,000,000 shall be deposited into the Ultra-Deepwater and
Unconventional Natural Gas and Other Petroleum Research Fund
(in this section referred to as the ``Fund''). For purposes of
this section, the term ``royalties'' excludes proceeds from the
sale of royalty production taken in kind and royalty production
that is transferred under section 27(a)(3) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1353(a)(3)).
[(b) Obligational Authority.--Monies in the Fund shall be
available to the Secretary for obligation under this part
without fiscal year limitation, to remain available until
expended.
[(c) Prior Distributions.--The distributions described in
subsection (a) are those required by law--
[(1) to States and to the Reclamation Fund under
the Mineral Leasing Act (30 U.S.C. 191(a)); and
[(2) to other funds receiving monies from Federal
oil and gas leasing programs, including--
[(A) any recipients pursuant to section
8(g) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(g));
[(B) the Land and Water Conservation Fund,
pursuant to section 2(c) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 4601-
5(c));
[(C) the Historic Preservation Fund,
pursuant to section 108 of the National
Historic Preservation Act (16 U.S.C. 470h); and
[(D) the coastal impact assistance program
established under section 31 of the Outer
Continental Shelf Lands Act (as amended by
section 384).
[(d) Allocation.--Amounts obligated from the Fund under
subsection (a)(1) in each fiscal year shall be allocated as
follows:
[(1) 35 percent shall be for activities under
section 999A(b)(1).
[(2) 32.5 percent shall be for activities under
section 999A(b)(2).
[(3) 7.5 percent shall be for activities under
section 999A(b)(3).
[(4) 25 percent shall be for complementary research
under section 999A(b)(4) and other activities under
section 999A(b) to include program direction funds,
overall program oversight, contract management, and the
establishment and operation of a technical committee to
ensure that in-house research activities funded under
section 999A(b)(4) are technically complementary to,
and not duplicative of, research conducted under
paragraphs (1), (2), and (3) of section 999A(b).
[(e) Authorization of Appropriations.--In addition to other
amounts that are made available to carry out this section,
there is authorized to be appropriated to carry out this
section $100,000,000 for each of fiscal years 2007 through
2016.
[(f) Fund.--There is hereby established in the Treasury of
the United States a separate fund to be known as the ``Ultra-
Deepwater and Unconventional Natural Gas and Other Petroleum
Research Fund''.]
* * * * * * *
----------
MINERAL LEASING ACT
* * * * * * *
Sec. 35. (a) * * *
[(b) In determining the amount of payments to the States
under this section, the amount of such payments shall not be
reduced by any administrative or other costs incurred by the
United States.]
(b) Deduction for Administrative Costs.--In determining the
amount of payments to the States under this section, beginning
in fiscal year 2014 and for each year thereafter, the amount of
such payments shall be reduced by 2 percent for any
administrative or other costs incurred by the United States in
carrying out the program authorized by this Act, and the amount
of such reduction shall be deposited to miscellaneous receipts
of the Treasury.
* * * * * * *
----------
OUTER CONTINENTAL SHELF LANDS ACT
* * * * * * *
SEC. 32. TRANSBOUNDARY HYDROCARBON AGREEMENTS.
(a) Authorization.--After the date of enactment of the
Bipartisan Budget Act of 2013, the Secretary may implement the
terms of any transboundary hydrocarbon agreement for the
management of transboundary hydrocarbon reservoirs entered into
by the President and approved by Congress. In implementing such
an agreement, the Secretary shall protect the interests of the
United States to promote domestic job creation and ensure the
expeditious and orderly development and conservation of
domestic mineral resources in accordance with all applicable
United States laws governing the exploration, development, and
production of hydrocarbon resources on the Outer Continental
Shelf.
(b) Implementation of Specific Transboundary Agreement with
Mexico.--The Secretary may take actions as necessary to
implement the terms of the Agreement between the United States
of America and the United Mexican States Concerning
Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico,
signed at Los Cabos, February 20, 2012, including--
(1) approving unitization agreements and related
arrangements for the exploration, development, or
production of oil and natural gas from transboundary
reservoirs or geological structures;
(2) making available, in the limited manner
necessary under the agreement and subject to the
protections of confidentiality provided by the
agreement, information relating to the exploration,
development, and production of oil and natural gas from
a transboundary reservoir or geological structure that
may be considered confidential, privileged, or
proprietary information under law;
(3) taking actions consistent with an expert
determination under the agreement; and
(4) ensuring only appropriate inspection staff at
the Bureau of Safety and Environmental Enforcement or
other Federal agency personnel designated by the
Bureau, the operator, or the lessee have authority to
stop work on any installation or other device or vessel
permanently or temporarily attached to the seabed of
the United States that may be erected thereon for the
purpose of resource exploration, development or
production activities as approved by the Secretary.
(c) Savings Provisions.--Nothing in this section shall be
construed--
(1) to authorize the Secretary to participate in
any negotiations, conferences, or consultations with
Cuba regarding exploration, development, or production
of hydrocarbon resources in the Gulf of Mexico along
the United States maritime border with Cuba or the area
known by the Department of the Interior as the
``Eastern Gap''; or
(2) as affecting the sovereign rights and the
jurisdiction that the United States has under
international law over the Outer Continental Shelf that
appertains to it.
----------
FEDERAL OIL AND GAS ROYALTY MANAGEMENT ACT OF 1982
* * * * * * *
TITLE I--FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT
* * * * * * *
ROYALTY TERMS AND CONDITIONS, INTEREST, AND PENALTIES
Sec. 111. (a) * * *
* * * * * * *
[(i) Upon a determination by the Secretary that an
excessive overpayment (based upon all obligations of a lessee
or its designee for a given reporting month) was made for the
sole purpose of receiving interest, interest shall not be paid
on the excessive amount of such overpayment. For purposes]
(i) Limitation on Interest.--
(1) In general.--Interest shall not be paid on any
excessive overpayment.
(2) Excessive overpayment defined.--For purposes of
this Act, an ``excessive overpayment'' shall be the
amount that any overpayment a lessee or its designee
pays for a given reporting month (excluding payments
for demands for obligations determined to be due as a
result of judicial or administrative proceedings or
agreed to be paid pursuant to settlement agreements)
for the aggregate of all of its Federal leases exceeds
10 percent of the total royalties paid that month for
those leases.
* * * * * * *
----------
ENERGY POLICY AND CONSERVATION ACT
* * * * * * *
TITLE I--MATTERS RELATED TO DOMESTIC SUPPLY AVAILABILITY
* * * * * * *
Part B--Strategic Petroleum Reserve
* * * * * * *
petroleum products for storage in the reserve
Sec. 160. [(a) The Secretary may acquire, place in storage,
transport, or exchange--
[(1) crude oil produced from Federal lands
[(2) crude oil which the United States is entitled
to receive in kind as royalties from production on
Federal lands; and
[(3) petroleum products acquired by purchase,
exchange, or otherwise.]
(a) The Secretary may acquire, place in storage, transport,
or exchange petroleum products acquired by purchase or
exchange.
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART G--INSURANCE AND ANNUITIES
* * * * * * *
CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
* * * * * * *
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 8401. Definitions
For the purpose of this chapter--
(1) * * *
* * * * * * *
(36) the term ``customs and border protection
officer'' means an employee in the Department of
Homeland Security (A) who holds a position within the
GS-1895 job series (determined applying the criteria in
effect as of September 1, 2007) or any successor
position, and (B) whose duties include activities
relating to the arrival and departure of persons,
conveyances, and merchandise at ports of entry,
including any such employee who is transferred directly
to a supervisory or administrative position in the
Department of Homeland Security after performing such
duties (as described in subparagraph (B)) in 1 or more
positions (as described in subparagraph (A)) for at
least 3 years; [and]
(37) the term ``revised annuity employee'' means
any individual who--
(A) * * *
(B) after December 31, 2012, and before
January 1, 2014, becomes employed as an
employee or becomes a Member covered under this
chapter performing service which is creditable
service under section 8411[.]; and
(38) the term ``further revised annuity employee''
means any individual who--
(A) on December 31, 2013--
(i) is not an employee or Member
covered under this chapter;
(ii) is not performing civilian
service which is creditable service
under section 8411; and
(iii) has less than 5 years of
creditable civilian service under
section 8411; and
(B) after December 31, 2013, becomes
employed as an employee or becomes a Member
covered under this chapter performing service
which is creditable service under section 8411.
* * * * * * *
SUBCHAPTER II--BASIC ANNUITY
* * * * * * *
Sec. 8415. Computation of basic annuity
(a) * * *
* * * * * * *
(d) Notwithstanding any other provision of law, the annuity
of an individual described in subsection (b) or (c) who is a
revised annuity employee or a further revised annuity employee
shall be computed in the same manner as in the case of an
individual described in subsection (a).
* * * * * * *
Sec. 8422. Deductions from pay; contributions for other service;
deposits
(a)(1) * * *
* * * * * * *
(3)(A) The applicable percentage under this paragraph for
civilian service by employees or Members other than revised
annuity employees or further revised annuity employees shall be
as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Employee 7 January 1, 1987, to
December 31, 1998.
7.25 January 1, 1999, to
December 31, 1999.
7.4 January 1, 2000, to
December 31, 2000.
7 After December 31,
2000.
Congressional employee 7.5 January 1, 1987, to
December 31, 1998.
7.75 January 1, 1999, to
December 31, 1999.
7.9 January 1, 2000, to
December 31, 2000.
7.5 After December 31,
2000.
Member 7.5 January 1, 1987, to
December 31, 1998.
7.75 January 1, 1999, to
December 31, 1999.
7.9 January 1, 2000, to
December 31, 2000.
8 January 1, 2001, to
December 31, 2002.
7.5 After December 31,
2002.
Law enforcement 7.5 January 1, 1987, to
officer, firefighter, December 31, 1998.
member
of the Capitol Police, 7.75 January 1, 1999, to
member of December 31, 1999.
the Supreme Court 7.9 January 1, 2000, to
Police, or air December 31, 2000.
traffic controller 7.5 After December 31,
2000.
Nuclear materials 7 January 1, 1987, to
courier October 16, 1998.
7.5 October 17, 1998, to
December 31, 1998.
7.75 January 1, 1999, to
December 31, 1999.
7.9 January 1, 2000, to
December 31, 2000.
7.5 After December 31,
2000.
Customs and border 7.5 After June 29, 2008.
protection officer
------------------------------------------------------------------------
* * * * * * *
(C) The applicable percentage under this paragraph for
civilian service by further revised annuity employees shall be
as follows:
Employee............................... 10.6...................... After December 31, 2013.
Congressional employee................. 10.6...................... After December 31, 2013.
Member................................. 10.6...................... After December 31, 2013.
Law enforcement officer, firefighter, 11.1...................... After December 31, 2013.
member of the Capitol Police, member
of the Supreme Court Police, or air
traffic controller....................
Nuclear materials courier.............. 11.1...................... After December 31, 2013.
Customs and border protection officer.. 11.1...................... After December 31, 2013.
* * * * * * *
Sec. 8423. Government contributions
(a)(1) * * *
[(2)] (2)(A) In determining any normal-cost percentage to
be applied under this subsection, amounts provided for under
section 8422 shall be taken into account.
* * * * * * *
(B)(i) Subject to clauses (ii) and (iii), for purposes of
any period in any year beginning after December 31, 2013, the
normal-cost percentage under this subsection shall be
determined and applied as if section 401(b) of the Bipartisan
Budget Act of 2013 had not been enacted.
(ii) Any contributions under this subsection in excess of
the amounts which (but for clause (i)) would otherwise have
been payable shall be applied toward reducing the unfunded
liability of the Civil Service Retirement System.
(iii) After the unfunded liability of the Civil Service
Retirement System has been eliminated, as determined by the
Office, Government contributions under this subsection shall be
determined and made disregarding this subparagraph.
(iv) The preceding provisions of this subparagraph shall be
disregarded for purposes of determining the contributions
payable by the United States Postal Service and the Postal
Regulatory Commission.
* * * * * * *
CHAPTER 89--HEALTH INSURANCE
* * * * * * *
Sec. 8905. Election of coverage
[(a) An employee may enroll in an approved health benefits
plan described by section 8903 or 8903a of this title either as
an individual or for self and family.]
(a) An employee may enroll in an approved health benefits
plan described in section 8903 or 8903a--
(1) as an individual;
(2) for self plus one; or
(3) for self and family.
* * * * * * *
(c)(1) A former spouse may--
(A) * * *
(B) in the case of a former spouse of a former
employee whose marriage was dissolved after the
employee's retirement, within 60 days after the
dissolution of the marriage or, if later, within 60
days after an election is made under section 8339(j)(3)
or 8417(b) of this title for such former spouse by the
retired employee,
enroll in an approved health benefits plan described by section
8903 or 8903a of this title as an individual or for for self
plus one or self and family as provided in paragraph (2) of
this subsection, subject to agreement to pay the full
subscription charge of the enrollment, including the amounts
determined by the Office to be necessary for administration and
reserves pursuant to section 8909(b) of this title. The former
spouse shall submit an enrollment application and make premium
payments to the agency which, at the time of divorce or
annulment, employed the employee to whom the former spouse was
married or, in the case of a former spouse who is receiving
annuity payments under section 8341(h), 8345(j), 8445, or 8467
of this title, to the Office of Personnel Management.
(2) Coverage for self plus one or for self and family under
this subsection shall be limited to--
(A) * * *
(B) unmarried dependent natural or adopted children
(or, in the case of self plus one coverage, not more
than 1 such child) of the former spouse and the
employee who are--
* * * * * * *
(e) If an employee, annuitant, or other individual eligible
to enroll in a health benefits plan under this chapter has a
spouse who is also eligible to enroll, either spouse, but not
both, may enroll for self and family, [or each spouse may
enroll as an individual] or for a self plus one enrollment that
covers the spouse, or each spouse may enroll as an individual
or for a self plus one enrollment that does not cover the other
spouse or a child who is covered under the enrollment of the
other spouse. However, an individual may not be enrolled both
as an employee, annuitant, or other individual eligible to
enroll and as a member of the family.
* * * * * * *
(h)(1) An unenrolled employee who is required by a court or
administrative order to provide health insurance coverage for
[a child] 1 or more children who meets the requirements of
section 8901(5) may enroll for [self and family coverage] self
plus one or self and family coverage, as necessary to provide
health insurance coverage for each child who is covered under
the order, in a health benefits plan under this chapter. If
such employee fails to enroll for [self and family coverage]
self plus one or self and family coverage, as necessary to
provide health insurance coverage for each child who is covered
under the order, in a health benefits plan that provides full
benefits and services in the location in which [the child
resides] the child or children reside, and the employee does
not provide documentation showing that such coverage has been
provided through other health insurance, the employing agency
shall enroll the employee in a [self and family enrollment]
self plus one or self and family enrollment, as necessary to
provide health insurance coverage for each child who is covered
under the order, in the option which provides the lower level
of coverage under the Service Benefit Plan.
(2) An employee who is enrolled as an individual in a
health benefits plan under this chapter and who is required by
a court or administrative order to provide health insurance
coverage for [a child] 1 or more children who meets the
requirements of section 8901(5) may change to a [self and
family enrollment] self plus one or self and family enrollment,
as necessary to provide health insurance coverage for each
child who is covered under the order, in the same or another
health benefits plan under this chapter. If such employee fails
to change to a [self and family enrollment] self plus one or
self and family enrollment, as necessary to provide health
insurance coverage for each child who is covered under the
order, and the employee does not provide documentation showing
that such coverage has been provided through other health
insurance, the employing agency shall change the enrollment of
the employee to a [self and family enrollment] self plus one or
self and family enrollment, as necessary to provide health
insurance coverage for each child who is covered under the
order, in the plan in which the employee is enrolled if that
plan provides full benefits and services in the location where
[the child resides] the child or children reside. If the plan
in which the employee is enrolled does not provide full
benefits and services in the location in which [the child
resides] the child or children reside, or, if the employee
fails to change to a [self and family enrollment] self plus one
or self and family enrollment, as necessary to provide health
insurance coverage for each child who is covered under the
order, in a plan that provides full benefits and services in
the location where [the child resides] the child or children
reside, the employing agency shall change the coverage of the
employee to a [self and family enrollment] self plus one or
self and family enrollment, as necessary to provide health
insurance coverage for each child who is covered under the
order, in the option which provides the lower level of coverage
under the Service Benefits Plan.
(3) The employee may not discontinue the [self and family
enrollment] self plus one or self and family enrollment, as
necessary to provide health insurance coverage for each child
who is covered under the order, in a plan that provides full
benefits and services in the location in which [the child
resides] the child or children reside for so long as the court
or administrative order remains in effect and [the child
continues] the child or children continue to meet the
requirements of section 8901(5), unless the employee provides
documentation showing that such coverage has been provided
through other health insurance.
Sec. 8905a. Continued coverage
(a) * * *
* * * * * * *
(d)(1) * * *
* * * * * * *
(3)(A) An individual making an election under subsection
(c)(2)(B) may, at such individual's option, elect coverage
either as an individual or, if appropriate, for self plus one
or for self and family.
* * * * * * *
(f)(1) * * *
* * * * * * *
(3) In the case of an individual--
(A) who becomes eligible for continued coverage
under this subsection based on a divorce, annulment, or
legal separation from a person who, as of the day
before the date of the divorce, annulment, or legal
separation (as the case may be) was receiving continued
coverage under this section [for self and family based
on such person's separation from service] based on such
person's separation from service under a self plus one
enrollment that covered the individual or under a self
and family enrollment; and
* * * * * * *
extended coverage under this section may not extend beyond the
date which is 36 months after the date of the separation from
service, as referred to in subparagraph (A).
Sec. 8906. Contributions
(a)(1) Not later than October 1 of each year, the Office of
Personnel Management shall determine the weighted average of
the subscription charges that will be in effect during the
following contract year with respect to--
(A) enrollments under this chapter for self alone;
[and]
(B) enrollments under this chapter for self plus
one; and
[(B)] (C) enrollments under this chapter for self
and family.
* * * * * * *
FOREIGN SERVICE ACT OF 1980
* * * * * * *
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES
* * * * * * *
Chapter 8--Foreign Service Retirement and Disability
* * * * * * *
subchapter ii--foreign service pension system
* * * * * * *
Sec. 852. Definitions.--As used in this subchapter, unless
otherwise specified--
(1) * * *
* * * * * * *
(7) the term ``revised annuity participant'' means
any individual who--
(A) * * *
(B) after December 31, 2012, and before
January 1, 2014, becomes a participant
performing service which is creditable service
under section 854;
(8) the term ``further revised annuity
participant'' means any individual who--
(A) on December 31, 2013--
(i) is not a participant;
(ii) is not performing service
which is creditable service under
section 854; and
(iii) has less than 5 years
creditable service under section 854;
and
(B) after December 31, 2013, becomes a
participant performing service which is
creditable service under section 854;
[(8)] (9) the term ``supplemental liability'' means
the estimated excess of--
(A) * * *
* * * * * * *
[(9)] (10) the term ``System'' means the Foreign
Service Pension System; and
[(10)] (11) the term ``special agent'' has the same
meaning given in section 804(15).
* * * * * * *
Sec. 856. Deductions and Withholdings From Pay.--(a)(1) * *
*
(2)(A) The applicable percentage for a participant other
than a revised annuity participant or a further revised annuity
participant shall be as follows:
7.5.............. Before January 1, 1999.
7.75............. January 1, 1999, to December 31, 1999.
7.9.............. January 1, 2000, to December 31, 2000.
7.55............. After January 11, 2003.
* * * * * * *
(C) The applicable percentage for a further revised annuity
participant shall be as follows:
11.15............................ After December 31, 2013.
* * * * * * *
Sec. 857. Government Contributions.--(a) * * *
* * * * * * *
(c)(1) Subject to paragraphs (2) and (3), for purposes of
any period in any year beginning after December 31, 2013, the
normal-cost percentage under this section shall be determined
and applied as if section 402(b) of the Bipartisan Budget Act
of 2013 had not been enacted.
(2) Any contributions under this section in excess of the
amounts which (but for paragraph (1)) would otherwise have been
payable shall be applied toward reducing the unfunded liability
of the Foreign Service Retirement and Disability System.
(3) After the unfunded liability of the Foreign Service
Retirement and Disability System has been eliminated, as
determined by the Secretary of State, Government contributions
under this section shall be determined and made disregarding
this subsection.
* * * * * * *
----------
TITLE 10, UNITED STATES CODE
SUBTITLE A--GENERAL MILITARY LAW
* * * * * * *
PART II--PERSONNEL
* * * * * * *
CHAPTER 71--COMPUTATION OF RETIRED PAY
* * * * * * *
Sec. 1401a. Adjustment of retired pay and retainer pay to reflect
changes in Consumer Price Index
(a) * * *
(b) Cost-of-Living Adjustments Based on CPI Increases.--
(1) Increase required.--Effective on December 1 of
each year, the Secretary of Defense shall increase the
retired pay of members and former members entitled to
that pay in accordance with [paragraphs (2) and (3)]
paragraph (2), (3), or (4).
* * * * * * *
(4) Reduced percentage for retired members under
age 62.--
(A) In general.--Effective on December 1 of
each year, the retired pay of each member and
former member under 62 years of age entitled to
that pay shall be adjusted in accordance with
this paragraph instead of paragraph (2) or (3).
(B) CPI minus one.--If the percent
determined under paragraph (2) is greater than
1 percent, the Secretary shall increase the
retired pay of each member and former member by
the difference between--
(i) the percent determined under
paragraph (2); and
(ii) 1 percent.
(C) No negative adjustment.--If the percent
determined under paragraph (2) is equal to or
less than 1 percent, the Secretary shall not
increase the retired pay of members and former
members under this paragraph.
(D) Revised adjustment upon reaching age
62.--When a member or former member whose
retired pay has been subject to adjustment
under this paragraph becomes 62 years of age,
the Secretary of Defense shall recompute the
retired pay of the member or former member, to
be effective on the date of the next adjustment
of retired pay under this subsection, so as to
be the amount equal to the amount of retired
pay to which the member or former member would
be entitled on that date if increases in the
retired pay of the member or former member had
been computed as provided in paragraph (2) or
as specified in section 1410 of this title, as
applicable, rather than this paragraph.
(E) Inapplicability of catch-up rule.--
Paragraph (5) shall not apply in the case of
adjustments made, or not made, as a result of
application of this paragraph.
[(4)] (5) Special rule for paragraph (3).--If in
any case in which an increase in retired pay that would
otherwise be made under paragraph (3) is not made by
reason of law (other than any provision of this
section), then (unless otherwise provided by law) when
the next increase in retired pay is made under this
subsection, the increase under paragraph (3) shall be
carried out so as to achieve the same net increase in
retired pay under that paragraph that would have been
the case if that law had not been enacted.
[(5)] (6) Regulations.--Any increase in retired pay
under this subsection shall be made in accordance with
regulations prescribed by the Secretary of Defense.
* * * * * * *
Sec. 1410. Restoral of full retirement amount at age 62 for certain
members entering on or after August 1, 1986
In the case of a member or former member who first became a
member of a uniformed service on or after August 1, 1986, who
has elected to receive a bonus under section 322 (as in effect
before the enactment of the National Defense Authorization Act
for Fiscal Year 2008) or section 354 of title 37, and who
becomes entitled to retired pay before the age of 62, the
retired pay of such member or former member shall be
recomputed, effective on the first day of the first month
beginning after the member or former member attains 62 years of
age, so as to be the amount equal to the amount of retired pay
to which the member or former member would be entitled on that
date if--
(1) increases in the retired pay of the member or
former member under section 1401a(b) of this title had
been computed as provided in paragraph (2) of that
section (rather than under [paragraph (3)] paragraph
(3) or (4) of that section); and
* * * * * * *
PART IV--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 137--PROCUREMENT GENERALLY
* * * * * * *
Sec. 2324. Allowable costs under defense contracts
(a) * * *
* * * * * * *
(e) Specific Costs Not Allowable.--(1) The following costs
are not allowable under a covered contract:
(A) * * *
* * * * * * *
[(P) Costs of compensation of any contractor
employee for a fiscal year, regardless of the contract
funding source, to the extent that such compensation
exceeds the benchmark compensation amount determined
applicable for the fiscal year by the Administrator for
Federal Procurement Policy under section 1127 of title
41, except that the Secretary of Defense may establish
one or more narrowly targeted exceptions for scientists
and engineers upon a determination that such exceptions
are needed to ensure that the Department of Defense has
continued access to needed skills and capabilities.]
(P) Costs of compensation of contractor and
subcontractor employees for a fiscal year,
regardless of the contract funding source, to
the extent that such compensation exceeds
$487,000 per year, adjusted annually to reflect
the change in the Employment Cost Index for all
workers, as calculated by the Bureau of Labor
Statistics, except that the head of an
executive agency may establish one or more
narrowly targeted exceptions for scientists,
engineers, or other specialists upon a
determination that such exceptions are needed
to ensure that the executive agency has
continued access to needed skills and
capabilities.
* * * * * * *
----------
HIGHER EDUCATION ACT OF 1965
* * * * * * *
TITLE IV--STUDENT ASSISTANCE
* * * * * * *
Part B--Federal Family Education Loan Program
* * * * * * *
SEC. 428F. DEFAULT REDUCTION PROGRAM.
(a) Other Repayment Incentives.--
(1) Sale or assignment of loan.--
(A) In general.--Each guaranty agency, upon
securing 9 payments made within 20 days of the
due date during 10 consecutive months of
amounts owed on a loan for which the Secretary
has made a payment under paragraph (1) of
section 428(c), shall--
(i) * * *
[(ii) on or before September 30,
2011, assign the loan to the Secretary
if--
[(I) the Secretary has
determined that market
conditions unduly limit a
guaranty agency's ability to
sell loans under clause (i);
and
[(II) the guaranty agency
has been unable to sell loans
under clause (i).]
(ii) beginning July 1, 2014, assign
the loan to the Secretary if the
guaranty agency has been unable to sell
the loan under clause (i).
* * * * * * *
(D) Duties upon sale.--With respect to a
loan sold under subparagraph (A)(i)--
[(i) the guaranty agency--
[(I) shall repay the
Secretary 81.5 percent of the
amount of the principal balance
outstanding at the time of such
sale, multiplied by the
reinsurance percentage in
effect when payment under the
guaranty agreement was made
with respect to the loan; and
[(II) may, in order to
defray collection costs--
[(aa) charge to the
borrower an amount not
to exceed 18.5 percent
of the outstanding
principal and interest
at the time of the loan
sale; and
[(bb) retain such
amount from the
proceeds of the loan
sale; and]
(i) the guaranty agency--
(I) shall, in the case of a
sale made on or after July 1,
2014, repay the Secretary 100
percent of the amount of the
principal balance outstanding
at the time of such sale,
multiplied by the reinsurance
percentage in effect when
payment under the guaranty
agreement was made with respect
to the loan; and
(II) may, in the case of a
sale made on or after July 1,
2014, in order to defray
collection costs--
(aa) charge to the
borrower an amount not
to exceed 16 percent of
the outstanding
principal and interest
at the time of the loan
sale; and
(bb) retain such
amount from the
proceeds of the loan
sale; and
* * * * * * *
PART D--WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
* * * * * * *
SEC. 456. CONTRACTS.
(a) Contracts for Supplies and Services.--
(1) * * *
* * * * * * *
[(4) Servicing by eligible not-for-profit
servicers.--
[(A) Servicing contracts.--
[(i) In general.--The Secretary
shall contract with each eligible not-
for-profit servicer to service loans
originated under this part, if the
servicer--
[(I) meets the standards
for servicing Federal assets
that apply to contracts awarded
pursuant to paragraph (1); and
[(II) has the capacity to
service the applicable loan
volume allocation described in
subparagraph (B).
[(ii) Competitive market rate
determination for first 100,000
borrower accounts.--The Secretary shall
establish a separate pricing tier for
each of the first 100,000 borrower loan
accounts at a competitive market rate.
[(iii) Ineligibility.--An eligible
not-for-profit servicer shall no longer
be eligible for a contract under this
paragraph after July 1, 2014, if--
[(I) the servicer has not
been awarded such a contract
before that date; or
[(II) the servicer's
contract was terminated, and
the servicer had not reapplied
for, and been awarded, a
contract under this paragraph.
[(B) Allocations.--
[(i) In general.--The Secretary
shall (except as provided in clause
(ii)) allocate to an eligible not-for-
profit servicer, subject to the
contract of such servicer described in
subparagraph (A), the servicing rights
for the loan accounts of 100,000
borrowers (including borrowers who
borrowed loans in a prior year that
were serviced by the servicer).
[(ii) Servicer allocation.--The
Secretary may reallocate, increase,
reduce, or terminate an eligible not-
for-profit servicer's allocation of
servicing rights under clause (i) based
on the performance of such servicer, on
the same terms as loan allocations
provided by contracts awarded pursuant
to paragraph (1).]
* * * * * * *
[(c) Definition of Eligible Not-for-profit Servicer.--In
this section:
[(1) In general.--The term ``eligible not-for-
profit servicer'' means an entity--
[(A) that is not owned or controlled in
whole or in part by--
[(i) a for-profit entity; or
[(ii) a nonprofit entity having its
principal place of business in another
State; and
[(B) that--
[(i) as of July 1, 2009--
[(I) meets the definition
of an eligible not-for-profit
holder under section 435(p),
except that such term does not
include eligible lenders
described in paragraph (1)(D)
of such section; and
[(II) was performing, or
had entered into a contract
with a third party servicer (as
such term is defined in section
481(c)) who was performing,
student loan servicing
functions for loans made under
part B of this title;
[(ii) notwithstanding clause (i),
as of July 1, 2009--
[(I) is the sole beneficial
owner of a loan for which the
special allowance rate is
calculated under section
438(b)(2)(I)(vi)(II) because
the loan is held by an eligible
lender trustee that is an
eligible not-for-profit holder
as defined under section
435(p)(1)(D); and
[(II) was performing, or
had entered into a contract
with a third party servicer (as
such term is defined in section
481(c)) who was performing,
student loan servicing
functions for loans made under
part B of this title; or
[(iii) is an affiliated entity of
an eligible not-for-profit servicer
described in clause (i) or (ii) that--
[(I) directly employs, or
will directly employ (on or
before the date the entity
begins servicing loans under a
contract awarded by the
Secretary pursuant to
subsection (a)(3)(A)), the
majority of individuals who
perform borrower-specific
student loan servicing
functions; and
[(II) as of July 1, 2009,
was performing, or had entered
into a contract with a third
party servicer (as such term is
defined in section 481(c)) who
was performing, student loan
servicing functions for loans
made under part B of this
title.
[(2) Affiliated entity.--For the purposes of
paragraph (1), the term ``affiliated entity''--
[(A) means an entity contracted to perform
services for an eligible not-for-profit
servicer that--
[(i) is a nonprofit entity or is
wholly owned by a nonprofit entity; and
[(ii) is not owned or controlled,
in whole or in part, by--
[(I) a for-profit entity;
or
[(II) an entity having its
principal place of business in
another State; and
[(B) may include an affiliated entity that
is established by an eligible not-for-profit
servicer after the date of enactment of the
SAFRA Act, if such affiliated entity is
otherwise described in paragraph (1)(B)(iii)(I)
and subparagraph (A) of this paragraph.]
SEC. 458. FUNDS FOR ADMINISTRATIVE EXPENSES.
(a) Administrative Expenses.--
(1) * * *
[(2) Mandatory funds for eligible not-for-profit
servicers.--For fiscal years 2010 through 2019, there
shall be available to the Secretary, in addition to any
other amounts appropriated to carry out this paragraph
and out of any money in the Treasury not otherwise
appropriated, funds to be obligated for administrative
costs of servicing contracts with eligible not-for-
profit servicers as described in section 456.]
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART III--SAFETY
* * * * * * *
CHAPTER 449--SECURITY
SUBCHAPTER I--REQUIREMENTS
* * * * * * *
Sec. 44903. Air transportation security
(a) * * *
* * * * * * *
(n) Passenger Exit Points From Sterile Area.--
(1) In general.--The Secretary of Homeland Security
shall ensure that the Transportation Security
Administration is responsible for monitoring passenger
exit points from the sterile area of airports at which
the Transportation Security Administration provided
such monitoring as of December 1, 2013.
(2) Sterile area defined.--In this section, the
term ``sterile area'' has the meaning given that term
in section 1540.5 of title 49, Code of Federal
Regulations (or any corresponding similar regulation or
ruling).
* * * * * * *
SUBCHAPTER II--ADMINISTRATION AND PERSONNEL
* * * * * * *
Sec. 44940. Security service fees
(a) General Authority.--
(1) * * *
[(2) Air carrier fees.--
[(A) Authority.--In addition to the fee
imposed pursuant to paragraph (1), and only to
the extent that the Under Secretary estimates
that such fee will be insufficient to pay for
the costs of providing civil aviation security
services described in paragraph (1), the Under
Secretary may impose a fee on air carriers and
foreign air carriers engaged in air
transportation and intrastate air
transportation to pay for the difference
between any such costs and the amount collected
from such fee, as estimated by the Under
Secretary at the beginning of each fiscal year.
The estimates of the Under Secretary under this
subparagraph are not subject to judicial review
except for estimates and additional collections
made pursuant to the appropriation for Aviation
Security in Public Law 108-334: Provided, That
such judicial review shall be pursuant to
section 46110 of title 49, United States Code:
Provided further, That such judicial review
shall be limited only to additional amounts
collected by the Secretary before October 1,
2007.
[(B) Limitations.--
[(i) Overall limit.--The amounts of
fees collected under this paragraph for
each fiscal year may not exceed, in the
aggregate, the amounts paid in calendar
year 2000 by carriers described in
subparagraph (A) for screening
passengers and property, as determined
by the Under Secretary.
[(ii) Per-carrier limit.--The
amount of fees collected under this
paragraph from an air carrier described
in subparagraph (A) for each of fiscal
years 2002, 2003, and 2004 may not
exceed the amount paid in calendar year
2000 by that carrier for screening
passengers and property, as determined
by the Under Secretary.
[(iii) Adjustment of per-carrier
limit.--For fiscal year 2005 and
subsequent fiscal years, the per-
carrier limitation under clause (ii)
may be determined by the Under
Secretary on the basis of market share
or any other appropriate measure in
lieu of actual screening costs in
calendar year 2000.
[(iv) Finality of determinations.--
Determinations of the Under Secretary
under this subparagraph are not subject
to judicial review except for estimates
and additional collections made
pursuant to the appropriation for
Aviation Security in Public Law 108-
334: Provided, That such judicial
review shall be pursuant to section
46110 of title 49, United States Code:
Provided further, That such judicial
review shall be limited only to
additional amounts collected by the
Secretary before October 1, 2007.
[(C) Special rule for fiscal year 2002.--
The amount of fees collected under this
paragraph from any carrier for fiscal year 2002
may not exceed the amounts paid by that carrier
for screening passengers and property for a
period of time in calendar year 2000
proportionate to the period of time in fiscal
year 2002 during which fees are collected under
this paragraph.]
* * * * * * *
[(c) Limitation on Fee.--Fees imposed under subsection
(a)(1) may not exceed $2.50 per enplanement in air
transportation or intrastate air transportation that originates
at an airport in the United States, except that the total
amount of such fees may not exceed $5.00 per one- way trip.]
(c) Limitation on Fee.--Fees imposed under subsection
(a)(1) shall be $5.60 per one-way trip in air transportation or
intrastate air transportation that originates at an airport in
the United States.
(d) Imposition of Fee.--
(1) In general.--Notwithstanding section 9701 of
title 31 and the procedural requirements of section 553
of title 5, the Under Secretary shall impose the fee
under subsection (a)(1)[, and may impose a fee under
subsection (a)(2),] through the publication of notice
of such fee in the Federal Register and begin
collection of the fee within 60 days of the date of
enactment of this Act, or as soon as possible
thereafter.
* * * * * * *
[(i) Checkpoint Screening Security Fund.--
[(1) Establishment.--There is established in the
Department of Homeland Security a fund to be known as
the ``Checkpoint Screening Security Fund''.
[(2) Deposits.--In fiscal year 2008, after amounts
are made available under section 44923(h), the next
$250,000,000 derived from fees received under
subsection (a)(1) shall be available to be deposited in
the Fund.
[(3) Fees.--The Secretary of Homeland Security
shall impose the fee authorized by subsection (a)(1) so
as to collect at least $250,000,000 in fiscal year 2008
for deposit into the Fund.
[(4) Availability of amounts.--Amounts in the Fund
shall be available until expended by the Administrator
of the Transportation Security Administration for the
purchase, deployment, installation, research, and
development of equipment to improve the ability of
security screening personnel at screening checkpoints
to detect explosives.]
(i) Deposit of Receipts in General Fund.--
(1) In general.--Beginning in fiscal year 2014, out
of fees received in a fiscal year under subsection
(a)(1), after amounts are made available in the fiscal
year under section 44923(h), the next funds derived
from such fees in the fiscal year, in the amount
specified for the fiscal year in paragraph (4), shall
be credited as offsetting receipts and deposited in the
general fund of the Treasury.
(2) Fee levels.--The Secretary of Homeland Security
shall impose the fee authorized by subsection (a)(1) so
as to collect in a fiscal year at least the amount
specified in paragraph (4) for the fiscal year for
making deposits under paragraph (1).
(3) Relationship to other provisions.--Subsections
(b) and (f) shall not apply to amounts to be used for
making deposits under this subsection.
(4) Fiscal year amounts.--For purposes of
paragraphs (1) and (2), the fiscal year amounts are as
follows:
(A) $390,000,000 for fiscal year 2014.
(B) $1,190,000,000 for fiscal year 2015.
(C) $1,250,000,000 for fiscal year 2016.
(D) $1,280,000,000 for fiscal year 2017.
(E) $1,320,000,000 for fiscal year 2018.
(F) $1,360,000,000 for fiscal year 2019.
(G) $1,400,000,000 for fiscal year 2020.
(H) $1,440,000,000 for fiscal year 2021.
(I) $1,480,000,000 for fiscal year 2022.
(J) $1,520,000,000 for fiscal year 2023.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
Subtitle V--Merchant Marine
* * * * * * *
Part D--Promotional Programs
* * * * * * *
CHAPTER 553--PASSENGER AND CARGO PREFERENCES
SUBCHAPTER I--GENERAL
Sec.
55301. Priority loading for coal.
* * * * * * *
SUBCHAPTER II--EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES
* * * * * * *
[55316. Financing the transportation of agricultural commodities.
[55317. Termination of subchapter.]
* * * * * * *
Subchapter II--EXPORT TRANSPORTATION OF AGRICULTURAL COMMODITIES
* * * * * * *
[Sec. 55316. Financing the transportation of agricultural commodities
[(b) Reimbursement of Increased Charges.--
[(1) In general.--The Secretary of Transportation
shall reimburse the Secretary of Agriculture and the
Commodity Credit Corporation for the amount by which,
in any fiscal year--
[(A) the total cost of ocean freight and
ocean freight differential for which
obligations are incurred by the Secretary of
Agriculture and the Corporation on exports of
agricultural commodities and their products
under the agricultural export programs
specified in section 55314(b) of this title;
exceeds
[(B) 20 percent of the value of the
commodities and their products and the cost of
the ocean freight and ocean freight
differential on which obligations are incurred
by the Secretary of Agriculture and the
Corporation during that fiscal year.
[(2) Commodities shipped from inventory.--For
purposes of this subsection, commodities shipped from
the inventory of the Corporation shall be valued as
provided in section 412(d) of the Food for Peace Act (7
U.S.C. 1736f(d)).
[(c) Issuance and Purchase of Obligations.--
[(1) Issuance.--To meet the expenses required to be
assumed under subsection (b), the Secretary of
Transportation shall issue obligations to the Secretary
of the Treasury. The Secretary of Transportation, with
the approval of the Secretary of the Treasury, shall
prescribe the form, denomination, maturity, and other
terms (except the interest rate) of the obligations.
The Secretary of the Treasury shall set the interest
rate for the obligations, considering the average
market yield on outstanding marketable obligations of
the United States Government of comparable maturities
during the month before the obligations are issued.
[(2) Purchase.--The Secretary of the Treasury shall
purchase the obligations issued under this subsection.
To purchase the obligations, the Secretary of the
Treasury may use as a public debt transaction the
proceeds from the sale of securities issued under
chapter 31 of title 31. The purposes for which
securities may be issued under that chapter are
extended to include the purchase of obligations under
this subsection. A redemption or purchase of the
obligations by the Secretary of the Treasury is a
public debt transaction of the Government.
[(d) Source of Funds for Reimbursement.--Reimbursement of
the Secretary of Transportation for costs incurred under this
section shall be made with appropriated funds rather than
through cancellation of notes.
[(e) Appropriations.--
[(1) Authorization.--Each fiscal year, there is
authorized to be appropriated an amount sufficient to
reimburse the Secretary of Transportation for the costs
incurred under this section, including administrative
expenses and the principal and interest due on
obligations issued to the Secretary of the Treasury.
[(2) Appropriation for administrative expenses.--
Each fiscal year, such amounts as may be necessary are
hereby appropriated to pay interest and to liquidate
debt on obligations issued to the Secretary of the
Treasury under this section.
[(f) Notification to Congress of Insufficiency.--If the
Secretary of Transportation is unable to obtain the funds
necessary to finance the increased ocean freight charges
resulting from the requirements of subsection (b), the
Secretary shall notify Congress within 10 working days of the
discovery of the insufficiency.
[Sec. 55317. Termination of subchapter
[This subchapter terminates 90 days after the date on which
a notification is made under section 55316(f) of this title,
except for shipments of agricultural commodities and their
products subject to contracts made before the end of that 90-
day period, unless within that 90-day period the Secretary of
Transportation proclaims that funds are available to finance
increased freight charges resulting from the requirements of
section 55316(b) of this title. On the termination of this
subchapter under this section--
[(1) this subchapter does not exempt export
activities from, or subject export activities to, the
cargo preference laws; and
[(2) the 50-percent requirement in section 55305 of
this title remains in effect.]
* * * * * * *
----------
CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985
* * * * * * *
SEC. 13031. FEES FOR CERTAIN CUSTOMS SERVICES.
(a) * * *
* * * * * * *
(j) Effective Dates.--(1) * * *
* * * * * * *
(3)(A) Fees may not be charged under paragraphs (9) and
(10) of subsection (a) after [October 22, 2021] September 30,
2023.
(B)(i) Subject to clause (ii), Fees may not be charged
under paragraphs (1) through (8) of subsection (a) after
[October 29, 2021] September 30, 2023.
* * * * * * *
----------
TITLE 41, UNITED STATES CODE
* * * * * * *
SUBTITLE I--FEDERAL PROCUREMENT POLICY
* * * * * * *
CHAPTER 11--ESTABLISHMENT OF OFFICE AND AUTHORITY AND FUNCTIONS OF
ADMINISTRATOR
SUBCHAPTER I--GENERAL
Sec
1101. Office of Federal Procurement Policy.
* * * * * * *
SUBCHAPTER II--AUTHORITY AND FUNCTIONS OF THE ADMINISTRATOR
* * * * * * *
[1127. Determining benchmark compensation amount.]
* * * * * * *
SUBCHAPTER II--AUTHORITY AND FUNCTIONS OF THE ADMINISTRATOR
* * * * * * *
[Sec. 1127. Determining benchmark compensation amount
[(a) Definitions.--In this section:
[(1) Benchmark compensation amount.--The term
``benchmark compensation amount'', for a fiscal year,
is the median amount of the compensation provided for
all senior executives of all benchmark corporations for
the most recent year for which data is available at the
time the determination under subsection (b) is made.
[(2) Benchmark corporation.--The term ``benchmark
corporation'', with respect to a fiscal year, means a
publicly-owned United States corporation that has
annual sales in excess of $50,000,000 for the fiscal
year.
[(3) Compensation.--The term ``compensation'', for
a fiscal year, means the total amount of wages, salary,
bonuses, and deferred compensation for the fiscal year,
whether paid, earned, or otherwise accruing, as
recorded in an employer's cost accounting records for
the fiscal year.
[(4) Fiscal year.--The term ``fiscal year'' means a
fiscal year a contractor establishes for accounting
purposes.
[(5) Publicly-owned United States corporation.--The
term ``publicly-owned United States corporation'' means
a corporation--
[(A) organized under the laws of a State of
the United States, the District of Columbia,
Puerto Rico, or a possession of the United
States; and
[(B) whose voting stock is publicly traded.
[(6) Senior executives.--The term ``senior
executives'', with respect to a contractor, means the 5
most highly compensated employees in management
positions at each home office and each segment of the
contractor.
[(b) Determining Benchmark Compensation Amount.--For
purposes of section 4304(a)(16) of this title and section
2324(e)(1)(P) of title 10, the Administrator shall review
commercially available surveys of executive compensation and,
on the basis of the results of the review, determine a
benchmark compensation amount to apply for each fiscal year. In
making determinations under this subsection, the Administrator
shall consult with the Director of the Defense Contract Audit
Agency and other officials of executive agencies as the
Administrator considers appropriate.]
* * * * * * *
CHAPTER 43--ALLOWABLE COSTS
* * * * * * *
Sec. 4304. Specific costs not allowable
(a) Specific Costs.--The following costs are not allowable
under a covered contract:
(1) * * *
* * * * * * *
[(16) Costs of compensation of senior executives of
contractors for a fiscal year, regardless of the
contract funding source, to the extent that the
compensation exceeds the benchmark compensation amount
determined applicable for the fiscal year by the
Administrator under section 1127 of this title.]
(16) Costs of compensation of contractor and
subcontractor employees for a fiscal year, regardless
of the contract funding source, to the extent that such
compensation exceeds $487,000 per year, adjusted
annually to reflect the change in the Employment Cost
Index for all workers, as calculated by the Bureau of
Labor Statistics, except that the head of an executive
agency may establish one or more narrowly targeted
exceptions for scientists, engineers, or other
specialists upon a determination that such exceptions
are needed to ensure that the executive agency has
continued access to needed skills and capabilities.
* * * * * * *
----------
EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974
* * * * * * *
TITLE IV--PLAN TERMINATION INSURANCE
Subtitle A--Pension Benefit Guaranty Corporation
* * * * * * *
PREMIUM RATES
Sec. 4006. (a)(1) * * *
* * * * * * *
(3)(A) Except as provided in subparagraph (C), the annual
premium rate payable to the corporation by all plans for basic
benefits guaranteed under this title is--
(i) in the case of a single-employer plan, an
amount for each individual who is a participant in such
plan during the plan year equal to the sum of the
additional premium (if any) determined under
subparagraph (E) and--
(I) * * *
(II) for plan years beginning after
December 31, 2012, and before January 1, 2014,
$42; [and]
(III) for plan years beginning after
December 31, 2013 and before January 1, 2015,,
$49.
(IV) for plan years beginning after
December 31, 2014, and before January 1, 2016,
$57; and
(V) for plan years beginning after December
31, 2015, and before January 1, 2017, $64.
* * * * * * *
(E)(i) Except as provided in subparagraph (H), the
additional premium determined under this subparagraph with
respect to any plan for any plan year--
(I) shall be an amount equal to the amount
determined under clause (ii) divided by the number of
participants in such plan as of the close of the
preceding plan year; [and]
(II) in the case of plan years beginning in a
calendar year after 2012 and before 2016, shall not
exceed $400[.] and
(III) in the case of plan years beginning in a
calendar year after 2015, shall not exceed $500.
* * * * * * *
(F) For each plan year beginning in a calendar year after
2006 and before 2013, there shall be substituted for the
premium rate specified in clause (i) of subparagraph (A) an
amount equal to the greater of--
(i) * * *
* * * * * * *
If the amount determined under this subparagraph is not a
multiple of $1, such product shall be rounded to the nearest
multiple of $1. [This subparagraph shall not apply to plan
years beginning in 2013 or 2014.]
(G) For each plan year beginning in a calendar year after
2016, there shall be substituted for the premium rate specified
in clause (i) of subparagraph (A) an amount equal to the
greater of--
(i) the product derived by multiplying the premium
rate specified in clause (i) of subparagraph (A) by the
ratio of--
(I) the national average wage index (as
defined in section 209(k)(1) of the Social
Security Act) for the first of the 2 calendar
years preceding the calendar year in which such
plan year begins, to
(II) the national average wage index (as so
defined) for 2014; and
(ii) the premium rate in effect under clause (i) of
subparagraph (A) for plan years beginning in the
preceding calendar year.
If the amount determined under this subparagraph is not a
multiple of $1, such product shall be rounded to the nearest
multiple of $1.
[(G)] (H) For each plan year beginning in a calendar year
after 2006, there shall be substituted for the premium rate
specified in clause (iv) of subparagraph (A) an amount equal to
the greater of--
(i) * * *
* * * * * * *
If the amount determined under this subparagraph is not a
multiple of $1, such product shall be rounded to the nearest
multiple of $1.
[(H)] (I)(i) * * *
* * * * * * *
[(I)] (J) For each plan year beginning in a calendar year
after 2013, there shall be substituted for the premium rate
specified in clause (v) of subparagraph (A) an amount equal to
the greater of--
(i) * * *
* * * * * * *
If the amount determined under this subparagraph is not a
multiple of $1, such product shall be rounded to the nearest
multiple of $1.
[(J)] (K) For each plan year beginning in a calendar year
after 2013 and before 2016, there shall be substituted for the
dollar amount specified in subclause (II) of subparagraph
(E)(i) an amount equal to the greater of--
(i) * * *
* * * * * * *
If the amount determined under this subparagraph is not a
multiple of $1, such product shall be rounded to the nearest
multiple of $1.
(L) For each plan year beginning in a calendar year after
2016, there shall be substituted for the dollar amount
specified in subclause (III) of subparagraph (E)(i) an amount
equal to the greater of--
(i) the product derived by multiplying such dollar
amount by the ratio of--
(I) the national average wage index (as
defined in section 209(k)(1) of the Social
Security Act) for the first of the 2 calendar
years preceding the calendar year in which such
plan year begins, to
(II) the national average wage index (as so
defined) for 2014; and
(ii) such dollar amount for plan years beginning in
the preceding calendar year.
If the amount determined under this subparagraph is not a
multiple of $1, such product shall be rounded to the nearest
multiple of $1.
* * * * * * *
(8) Applicable dollar amount for variable rate
premium.--For purposes of paragraph (3)(E)(ii)--
(A) In general.--Except as provided in
subparagraphs (B) and (C), the applicable
dollar amount shall be--
(i) * * *
(ii) for plan years beginning in
calendar year 2015, the amount in
effect for plan years beginning in 2014
(determined after application of
subparagraph (C)); [and]
(iii) for plan years beginning
after calendar year 2015, the amount in
effect for plan years beginning in 2015
(determined after application of
subparagraph (C))[.]; and
(iv) for plan years beginning after
calendar year 2016, the amount in
effect for plan years beginning in 2016
(determined after application of
subparagraph (C)).
* * * * * * *
(C) Additional increase in 2014 and 2015.--
The applicable dollar amount determined under
subparagraph (A) (after the application of
subparagraph (B)) shall be increased--
(i) in the case of plan years
beginning in calendar year 2014, by $4;
[and]
(ii) in the case of plan years
beginning in calendar year 2015, by
[$5.] $10; and
(iii) in the case of plan years
beginning in calendar year 2016, by $5.
(D) Base year.--For purposes of
subparagraph (B), the base year is--
(i) * * *
(ii) 2012, in the case of plan
years beginning in calendar year 2015;
[and]
(iii) 2013, in the case of plan
years beginning after calendar year
2015[.]; and
(iv) 2014, in the case of plan
years beginning after calendar year
2016.
* * * * * * *
----------
SOIL CONSERVATION AND DOMESTIC ALLOTMENT ACT
* * * * * * *
benefits for non-government controlled lands
Sec. 3. As a condition of the extending of any benefits
under this Act to any lands not owned or controlled by the
United States or any of its agencies, the Secretary of
Agriculture may, insofar as he may deem necessary for the
purposes of this Act, [require--] require the following:
(1) The enactment and reasonable safeguards for the
enforcement of State and local laws imposing suitable permanent
restrictions on the use of such lands and otherwise providing
for the prevention of soil erosion[;].
(2) Agreements or covenants as to the permanent use of such
lands[; and].
* * * * * * *
(4)(A) The payment of user fees for conservation planning
technical assistance if the Secretary determines that the fees,
subject to subparagraph (B), are--
(i) reasonable and appropriate;
(ii) assessed for conservation planning technical
assistance resulting in the development of a
conservation plan; and
(iii) assessed based on the size of the land or the
complexity of the resource issues involved.
(B) Fees under subparagraph (A) may not exceed $150 per
conservation plan for which technical assistance is provided.
(C) The Secretary may waive fees otherwise required under
subparagraph (A) in the case of conservation planning technical
assistance provided--
(i) to beginning farmers or ranchers (as defined in
section 343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a));
(ii) to limited resource farmers or ranchers (as
defined by the Secretary);
(iii) to socially disadvantaged farmers or ranchers
(as defined in section 355(e) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2003(e));
(iv) to qualify for an exemption from ineligibility
under section 1212 of the Food Security Act of 1985 (16
U.S.C. 3812); or
(v) to comply with Federal, State, or local
regulatory requirements.
* * * * * * *
[appropriation authorized
[Sec. 6. There are hereby authorized]
SEC. 6. AUTHORIZATION OF APPROPRIATIONS AND CONSERVATION TECHNICAL
ASSISTANCE FUNDS.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the purposes of this Act such sums as
Congress may from time to time determine to be necessary.
Appropriations for carrying out this Act allocated for the
production or procurement of nursery stock by any Federal
agency, or funds appropriated to any Federal agency for
allocation to cooperating States for the production or
procurement of nursery stock, shall remain available for
expenditure for not more than 3 fiscal years.
(b) Conservation Technical Assistance Fund.--
(1) In general.--There is established in the
Treasury of the United States a fund to be known as the
``Conservation Technical Assistance Fund'' (referred to
in this subsection as the ``Fund''), to be administered
by the Secretary of Agriculture.
(2) Deposits.--An amount equal to the amounts
collected as fees under section 3(4) and late payments,
interest, and such other amounts as are authorized to
be collected pursuant to section 3717 of title 31,
United States Code, shall be deposited in the Fund.
(3) Availability.--Amounts in the Fund shall--
(A) only be available to the extent and in
the amount provided in advance in
appropriations Acts;
(B) be used for the costs of carrying out
this Act; and
(C) remain available until expended.
* * * * * * *
Estimate by the
Congressional Budget Office
------
U.S. Congress,
Washington, DC, December 11, 2013.
Hon. Paul Ryan, Chairman,*
Committee on the Budget, U.S. House of Representatives Washington, DC
20515.
Dear Mr. Chairman: The Congressional Budget Office has prepared the
enclosed cost estimate for the Bipartisan Budget Act of 2013.
---------------------------------------------------------------------------
* An identical letter was sent to Senator Murray.
---------------------------------------------------------------------------
If you wish further details on this estimate, we will be pleased to
provide them. The CBO staff contacts are Christina Hawley Anthony and
Emily Stern, who can be reached at 226-2820.
Sincerely,
Douglas W. Elmendorf, Director,
Congressional Budget Office.
congressional budget office cost estimate
december 11, 2013
Bipartisan Budget Act of 2013
As posted on the website of the House Committee on Rules on December
10, 2013
summary
The legislation, offered as an amendment to H.J. Res. 59, the
Continuing Appropriations Resolution, 2014, would revise the limits on
discretionary appropriations for fiscal years 2014 and 2015, allowing
for higher levels of funding in those years than is allowed under the
caps and budget enforcement procedures in current law. CBO estimates
that, if appropriations for 2014 and 2015 equaled the revised limits,
discretionary outlays would be roughly $62 billion higher over the
2014-2023 period than if appropriations for those years equaled the
limits in current law. (Nearly $48 billion of the anticipated increase
in discretionary outlays would occur in 2014 and 2015.)
The legislation also would make several changes in programs that
are not funded through annual appropriations, as well as a few changes
that would affect federal revenues. In addition, the bill would extend
across-the-board cuts (known as sequestration) in certain direct
spending programs for an additional two years--2022 and 2023--beyond
the period during which sequestration will apply under current law;
those additional cuts would be the same percentage of spending required
under current law for 2021. CBO and the staff of the Joint Committee on
Taxation (JCT) estimate that, in total, those provisions would reduce
direct spending by about $78 billion and increase revenues by about $7
billion over the 2014-2023 period. Thus, the legislation's changes in
direct spending and revenues would reduce deficits by roughly $85
billion over the next 10 years. Some of those changes also would affect
discretionary spending, but such changes would be subject to
appropriation and limited under the caps on annually appropriated
funding.
Although enacting the legislation would affect direct spending and
revenues, pay-as-you-go procedures do not apply because the legislation
specifies that its budgetary effects shall not be entered onto the
scorecards maintained under the Statutory Pay-As-You-Go Act of 2010.
The legislation contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA). It would impose private-
sector mandates as defined in UMRA on airline passengers, sponsors of
defined-benefit pension plans, and users of customs services. CBO
estimates that the cost of the mandates would total more than $1
billion in fiscal year 2015 and more than $2 billion annually beginning
in fiscal year 2016. Thus, the aggregate cost of mandates would
significantly exceed the annual threshold established in UMRA for
private-sector mandates ($150 million in 2013, adjusted annually for
inflation) during the first five years that the mandates are in effect.
Section 204 of the legislation would amend portions of the Social
Security Act that relate to the Old-Age, Survivors, and Disability
Insurance programs under title II of the Social Security Act. UMRA
excludes from its application any legislation that applies to those
provisions of the Social Security Act. Consequently, CBO has not
reviewed section 204 for mandates.
estimated impact on the federal budget
The estimated budgetary impact of the Bipartisan Budget Act of 2013
is summarized in Table 1. (Details for the estimates of effects on
direct spending and revenues are provided in Table 2, attached at the
end of this cost estimate.) The effects of this legislation fall within
several budget functions, including those covering defense, natural
resources, transportation, education, health care, and income security.
TABLE 14.--ESTIMATED BUDGETARY EFFECTS OF THE BIPARTISAN BUDGET ACT OF 2013
[By fiscal year, in billions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2014-2018 2014-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING\a\
Estimated Budget Authority.................... -7.2 -2.2 -2.5 -2.9 -3.2 -3.5 -3.2 -3.4 -18.1 -24.3 -18.1 -70.5
Estimated Outlays............................. -3.0 -3.2 -4.1 -4.6 -4.6 -4.7 -4.6 -4.6 -19.3 -25.5 -19.5 -78.4
CHANGES IN REVENUES\a\
Estimated Revenues\b\......................... * 0.2 0.3 0.5 0.6 0.7 0.9 1.0 1.1 1.3 1.7 6.6
NET INCREASE OR DECREASE (-) IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES
Impact on the Deficit......................... -3.1 -3.4 -4.5 -5.1 -5.1 -5.4 -5.5 -5.6 -20.5 -26.8 -21.2 -85.0
On-budget effects......................... -3.1 -3.4 -4.5 -5.1 -5.1 -5.4 -5.5 -5.6 -20.5 -26.7 -21.2 -84.9
Off-budget effects........................ 0 * * * * * * * * * * -0.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Memorandum:
Changes to Caps on Spending Subject to
Appropriation
Estimated Authorization Level............. 44.8 18.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 63.2 63.2
Estimated Outlays......................... 26.3 21.6 8.6 3.3 2.0 0.6 0.0 0.0 0.0 0.0 61.9 62.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: CBO and the staff of the Joint Committee on Taxation.
Notes: Components may not sum to totals because of rounding; * = between -$50 million and $50 million.
a. In addition to the effects on direct spending and revenues, some provisions of the legislation would affect spending subject to appropriation, which
is controlled by annual caps on such discretionary funding. Those additional effects are not included in these rows.
b. Positive numbers denote an increase in revenues.
basis of estimate
The legislation would allow for greater spending subject to
appropriation than is allowed under current law by increasing the caps
on new discretionary funding in fiscal years 2014 and 2015 (see the
Memorandum section of Table 1).
The legislation also would directly affect budget deficits by
changing provisions related to direct spending programs and by amending
the Internal Revenue Code. Some of those changes also would affect
discretionary spending, but such changes would be subject to
appropriation and limited under the caps on annually appropriated
funding.
Title I--Budget Enforcement
The Bipartisan Budget Act of 2013 would increase the caps on
discretionary budget authority--that is, the caps on new annual
appropriations--for fiscal years 2014 and 2015. For 2014, the caps on
defense and nondefense funding would each be about $22 billion higher
than the current caps (which include the effects of the automatic
spending reductions described in the Budget Control Act of 2011).\3\
For 2015, the defense and nondefense caps would each be raised by about
$9 billion. CBO estimates that, if appropriations for 2014 and 2015
equaled the revised limits, discretionary outlays would be roughly $62
billion higher over the 2014-2023 period than if appropriations for
those years equaled the limits in current law.
---------------------------------------------------------------------------
\3\ The Budget Control Act of 2011 (Public Law 112-25) established
an initial set of caps on annual discretionary funding as well as a set
of lower caps (for 2014 through 2021) that were triggered by the
failure of the Joint Select Committee on Deficit Reduction to achieve a
targeted amount of deficit reduction. The lower caps are currently in
place through 2021; the legislation would increase those caps for 2014
and 2015, and leave the caps unchanged for other years through 2021.
---------------------------------------------------------------------------
The legislation also would extend the automatic spending reductions
applied to certain mandatory spending accounts through 2023 (those
reductions are currently in effect through 2021). The legislation would
require that the sequestration percentage applied to nonexempt
mandatory accounts in 2021 be continued and applied in the same manner
in 2022 and 2023. CBO estimates that extending those spending
reductions for nonexempt mandatory programs for two additional years
would decrease direct spending by $28 billion over the 2022-2023
period.
In addition, the legislation would make some changes in the
Congressional budget process related to adoption of the budget
resolution and budget enforcement within the House of Representatives
and the Senate. Those changes would not, by themselves, have a direct
budgetary impact, but they could affect Congressional decisions about
budget-related legislation in 2014 and future years.
Title II--Prevention of Waste, Fraud, and Abuse
The legislation would enhance the ability of states and the federal
government to reduce certain payments (including some that stem from
fraud) and increase recoveries of overpayments. In total, CBO estimates
that enacting title II would reduce direct spending by about $1.9
billion and increase revenues by $0.6 billion over the 2014-2023
period. The proposed changes would:
Require states to use the Treasury Offset Program (TOP) to
recover overpayments of unemployment compensation. Under current law,
states may use TOP, but are not required to do so.
Enable states to avoid paying for prenatal and preventive
pediatric claims when a third party is liable for such payments. The
legislation also would give states additional time to collect payments
in cases involving medical child support and allow states to recover
payments from certain liability settlements, thereby reducing net
direct spending for Medicaid.
Restrict access to the Death Master File maintained by the
Social Security Administration, which includes information that might
be used by individuals to file fraudulent tax returns or submit
fraudulent claims to Medicare.
Expand the data on inmates that are available to the
Department of Treasury, which would result in higher revenue
collections and lower payments for refundable tax credits.
Three of those four provisions would affect both direct spending
and revenues, producing budgetary savings in both of those categories.
The provision for Medicaid third-party liability would affect only
direct spending.
Title III--Natural Resources
Title III would make various changes to federal oil and gas
programs that would reduce spending by $4.5 billion over the 2014-2023
period, CBO estimates. Title III would:
Repeal provisions in the Energy Policy Act of 2005 that
authorized direct spending through fiscal year 2014 for research on the
development of certain oil and gas resources.
Reduce the amount of payments made to states under the
Mineral Leasing Act, which requires the federal government to make
payments to states based on the proceeds from mineral leasing
activities on federal lands.
Approve an agreement between the United States and Mexico
regarding oil and gas resources near the international border in the
Gulf of Mexico and establish procedures for implementing future
agreements affecting such border areas.
Amend the procedures used to determine the amount of
interest that may be paid on overpayments of oil and gas royalties from
federal leases.
Permanently rescind the unobligated balances currently
available for purchase of oil for the Strategic Petroleum Reserve (SPR)
and repeal the authority of the SPR program to acquire oil using
royalty-in-kind payments from companies that develop oil and gas
resources under federal leases.
Title IV--Federal Civilian and Military Retirement
The bill would make several changes to retirement benefits for
employees of federal agencies. In total, CBO estimates that enacting
title IV would reduce spending by $6.2 billion and increase revenues by
$6.0 billion, respectively, over the 2014-2023 period. Specifically,
title IV would:
Increase the contribution rate that federal employees,
including those covered under the Foreign Service Retirement System,
pay toward their future retirement benefit (such contributions are
considered revenues to the Treasury). The legislation would increase
contributions by 1.3 percent of pay for federal employees that begin
service on or after January 1, 2014.
Reduce the annual cost-of-living adjustment (COLA) for
military retirees under the age of 62 by 1 percent. Monthly retired pay
for those individuals would be readjusted upward at age 62 as if the
COLA reduction had not taken place and retirees would receive full
annual COLAs thereafter.
The COLA provision also would reduce discretionary accrual payments
to the Military Retirement Fund over the 2015-2023 period. While such
payments count against discretionary amounts allocated to the
Department of Defense as part of the annual appropriations process,
they are intragovernmental transactions, and do not result in outlays
from the government. If, within the discretionary caps, the reduction
in accrual payments makes possible an offsetting increase in other
appropriations, the net effect would be an increase in outlays--because
an intragovernmental payment would be replaced by spending that goes
outside the government.
Title V--Higher Education
CBO estimates that enacting title V would reduce direct spending by
$5.1 billion over the 2014-2023 period by amending the Higher Education
Act of 1965. Those changes would:
Eliminate the share of outstanding guaranteed student loan
amounts that guaranty agencies are permitted to retain when they
rehabilitate defaulted loans, increasing the share that is returned to
the federal government; and reduce the maximum fee that a guaranty
agency can charge borrowers to cover the administrative costs of
collections for loans being rehabilitated.
Eliminate mandatory payments, authorized through 2019, to
nonprofit organizations that service student loans. Although this
provision would reduce direct spending by an estimated $3.1 billion
over the 2014-2023 period, those loans would still need to be serviced.
As a result, CBO estimates that implementing this provision would
require additional discretionary appropriations of roughly the same
magnitude as the mandatory funding that would be eliminated.
Title VI--Transportation
Title VI would amend provisions of the Aviation and Transportation
Security Act pertaining to security-related fees and would repeal a
current requirement for compensation related to shipping of food aid.
Together, those provisions would reduce direct spending by $13.4
billion over the 2014-2023 period. This title would:
Increase security-related fees charged to air passengers
and repeal other fees paid by air carriers, resulting in an overall net
increase in fees. It would amend current law to direct the
Transportation Security Administration (TSA) to collect a specified
portion of such fees, without further appropriation, which would be
recorded as offsetting receipts--a credit against direct spending. (The
remaining portion of TSA fees would continue to be subject to
appropriation action.)
Repeal the requirement that the Maritime Administration
pay certain costs to compensate the Department of Agriculture to
transport food aid on ships registered in the United States rather than
ships registered in other countries.
Title VII--Miscellaneous Provisions
Title VII would make changes affecting customs fees, pensions, and
health care for federal employees, among other things. CBO and JCT
estimate that those provisions would reduce direct spending by $19.3
billion over the 2014-2023 period.
Section 701 would extend the authority of Customs and
Border Protection (within the Department of Homeland Security) to
collect certain fees. That authority, which is set to expire in October
of 2021, would be extended through fiscal year 2023.
Section 703 would raise rates for both variable and flat
rate premiums paid by sponsors of defined benefit pension plans to the
Pension Benefit Guaranty Corporation, and increase the cap on the
variable rate premium.
Section 704 would permanently cancel authority to spend
certain unobligated balances from the Treasury Forfeiture Fund and the
Assets Forfeiture Fund.
Section 705 would establish a fee to offset the cost to
the U.S. Department of Agriculture of providing conservation assistance
to owners of private lands.
Section 706 would add a two-person ``self plus one''
coverage option for federal employees and retirees under the Federal
Employees Health Benefits (FEHB) program. CBO estimates that option
would be priced below the ``self plus family'' option currently
available. However, the ``self plus family'' option would become more
costly than under current law because the average number of people
covered by policies of that type would rise. CBO expects that federal
retirees would be more likely than active federal employees to switch
to ``self plus one'' policies. As a result, the average cost of FEHB
policies for federal retirees would be lower than under current law,
and the average cost of FEHB policies for active federal employees
would be higher than under current law.
The provision would reduce direct spending because the government
contribution for health benefits for federal retirees is classified as
direct spending. On the other hand, implementing the provision would
increase spending subject to appropriation, assuming appropriation of
the necessary funds, because the government contribution for health
benefits for active federal employees is classified as discretionary
spending.
pay-as-you-go considerations
The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting direct
spending or revenues. Although enacting the legislation would affect
both direct spending and revenues, pay-as-you-go procedures do not
apply because the legislation specifies that its budgetary effects
shall not be entered onto the scorecards maintained under the Statutory
Pay-As-You-Go Act.
intergovernmental and private-sector impact
The legislation contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act. It would, however, impose mandates
on private entities by increasing or extending some government fees.
The legislation would increase the fee paid by airline passengers for
security services and increase insurance premiums paid by sponsors of
defined-benefit pension plans to the Pension Benefit Guaranty
Corporation.
CBO estimates that the cost of those mandates would total more than
$1 billion in fiscal year 2015 and more than $2 billion annually
beginning in fiscal year 2016. The legislation also would extend
through fiscal year 2023 the customs users fees that are set to expire
in October of 2021 under current law. The cost of the mandate to users
of customs services would exceed $3 billion in each of fiscal years
2022 and 2023. Consequently, the aggregate cost of the mandates in the
legislation would significantly exceed the annual threshold established
in UMRA for private-sector mandates ($150 million in 2013, adjusted
annually for inflation).
estimate prepared by
Federal Spending
Christina Hawley Anthony, Kirstin Blom, Megan Carroll, Sheila Dacey,
Mark Grabowicz, Kathleen Gramp, Justin Humphrey, Deborah
Kalcevic, Jeff LaFave, Jim Langley, Avi Lerner, Amber
Marcellino, Julia Mitchell, Matthew Pickford, Sarah Puro, Lara
Robillard, Matt Schmit, Emily Stern, Santiago Vallinas, and
Martin von Gnechten
Federal Revenues
Kurt Seibert and staff of the Joint Committee on Taxation
Impact on State, Local, and Tribal Governments
J'nell L. Blanco, Michael Kulas, Melissa Merrell, and Lisa Ramirez-
Branum
Impact on the Private Sector
Amy Petz, Paige Piper/Bach, Chung Kim, Alexia Diorio, and Marin Burnett
estimate approved by
Peter H. Fontaine, Assistant Director for Budget Analysis
TABLE 15.--ESTIMATE OF EFFECTS ON DIRECT SPENDING AND REVENUES FOR THE BIPARTISAN BUDGET ACT OF 2013
[Millions of dollars, by fiscal year]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2014-2018 2014-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING (Outlays)
Title I--Budget Enforcement
Sec. 101 Extension of 0 0 0 0 0 0 0 0 -11,267 -16,774 0 -28,041
direct spending
reductions.............
Title II Prevention of
Waste, Fraud, and Abuse
Sec. 201 Collection of -10 -26 -20 -17 -15 -14 -13 -14 -15 -15 -88 -159
UI overpayments........
Sec. 202 Strengthening 0 -50 -100 -150 -160 -170 -180 -190 -200 -210 -460 -1,410
Medicaid third-party
liability..............
Sec. 203 Restriction on -13 -25 -26 -27 -28 -28 -29 -30 -31 -32 -119 -269
access to death master
file...................
Sec. 204 Inmates 0 -8 -8 -8 -9 -9 -9 -9 -10 -10 -33 -80
receiving improper
payments...............
Title III Natural Resources
Sec. 301 Ultra deepwater -2 -14 -16 -6 -2 0 0 0 0 0 -40 -40
and unconventional
natural gas............
Sec. 302 Reduce payments 0 -44 -44 -42 -43 -46 -47 -48 -50 -51 -173 -415
under the Mineral
Leasing Act............
Sec. 303 OCS -7 -2 -2 -2 -2 -2 -2 -2 -2 -2 -15 -25
transboundary
agreements.............
Sec. 305 Federal oil and 0 0 -20 -50 -90 -100 -110 -120 -130 -130 -160 -750
gas royalty prepayment
cap....................
Sec. 306 Reduce funding -50 -350 -350 -350 -350 -355 -355 -355 -355 -355 -1,450 -3,225
for SPR purchases......
Title IV Federal Employee
Compensation
Sec. 403 Reduce annual 0 0 -152 -358 -506 -715 -883 -1,037 -1,275 -1,309 -1,016 -6,235
adjustment for retired
members of the Armed
Forces under the age of
62\a\..................
Title V Higher Education
Sec. 501 Default -2,050 0 0 0 0 0 0 0 0 0 -2,050 -2,050
reduction program......
Sec. 502 Eliminate -167 -362 -461 -515 -553 -587 -312 -84 -24 0 -2,057 -3,065
nonprofit servicing
contracts\b\...........
Title VI Transportation
Sec. 601 Aviation -390 -1,190 -1,250 -1,280 -1,320 -1,360 -1,400 -1,440 -1,480 -1,520 -5,430 -12,630
security fees..........
Sec. 602 Transportation -56 -75 -75 -75 -75 -75 -75 -75 -75 -75 -356 -731
cost reimbursement.....
Title VII Miscellaneous
Provisions
Sec. 701 Customs user 0 0 0 0 0 0 0 0 -3,125 -3,646 0 -6,771
fees...................
Sec. 703 Pension Benefit 0 -200 -850 -1,260 -1,090 -920 -870 -860 -900 -930 -3,400 -7,880
Guaranty Corporation
premuim increases......
Sec. 704 Cancellation of -277 -624 -486 -173 0 0 0 0 0 0 -1,560 -1,560
unobligated balances...
Sec. 705 Conservation -3 -4 -4 -4 -4 -4 -4 -4 -4 -4 -19 -39
planning...............
Sec. 706 FEHB self plus
one coverage
On-budget outlays... 0 -244 -258 -274 -293 -313 -334 -357 -381 -407 -1,069 -2,862
Off-budget outlays.. 0 -8 -10 -12 -14 -16 -19 -21 -24 -27 -43 -150
---------------------------------------------------------------------------------------------------------------------------
Total Changes in -3,025 -3,225 -4,132 -4,603 -4,553 -4,714 -4,642 -4,647 -19,348 -25,497 -19,538 -78,387
Direct Spending
CHANGES IN REVENUES
Sec. 201 Collection of UI 0 -1 -4 -9 -12 -14 -14 -13 -12 -11 -26 -90
overpayments...............
Sec. 203 Restriction on 24 49 50 52 53 55 56 58 60 62 227 517
access to death master file
Sec. 204 Inmates receiving * 16 17 17 17 18 19 19 19 20 67 162
improper payments..........
Sec. 401 Civil Service 24 154 276 400 527 657 788 921 1,057 1,194 1,381 5,998
Retirement.................
Sec. 402 Foreign Service 1 2 3 4 5 5 6 7 8 9 15 50
Retirement.................
---------------------------------------------------------------------------------------------------------------------------
Total Changes in 49 220 342 464 590 721 855 992 1,133 1,274 1,664 6,638
Revenues...............
NET INCREASE OR DECREASE (-) IN THE DEFICT FROM CHANGES IN DIRECT SPENDING AND REVENUES
Net Changes in Deficits..... -3,074 -3,446 -4,474 -5,067 -5,143 -5,436 -5,497 -5,639 -20,481 -26,771 -21,202 -85,024
On-budget deficit change -3,074 -3,438 -4,464 -5,055 -5,129 -5,419 -5,479 -5,617 -20,457 -26,744 -21,159 -84,874
Off-budget deficit 0 -8 -10 -12 -14 -16 -19 -21 -24 -27 -43 -150
change.................
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office and staff of the Joint Committee on Taxation.
Notes: Components may not sum to totals because of rounding; * = between -$500,000 and $500,000.
OCS = Outer Continental Shelf; SPR = Strategic Petroleum Reserve; FEHB = Federal Employee Health Benefit program; UI = Unemployment Insurance.
Estimates assume enactment near the end of calendar year 2013, and are relative to CBO's May 2013 baseline.
a. Section 403 would also reduce discretionary accrual payments to the Military Retirement Fund by about $8 billion over the 2015-2023 period. If,
within the discretionary caps, the reduction in accrual payments makes possible an offsetting increase in other appropriations, the net effect would
be an increase in outlays--because an intragovernmental payment would be replaced by spending that goes outside the government.
b. Section 502 would eliminate mandatory payments to nonprofit organizations that service student loans but would not change the need for loan
servicing. Because the Department of Education would still need to make those payments to loan servicers, CBO estimates that this provision would
result in additional appropriations that would be roughly the same magnitude as the mandatory funding that is being eliminated.
H. Con. Res. 25
------
CONCURRENT RESOLUTION
Resolved by the House of Representatives (the Senate
concurring),
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2014.
(a) Declaration.--The Congress determines and declares that
this concurrent resolution establishes the budget for fiscal
year 2014 and sets forth appropriate budgetary levels for
fiscal years 2015 through 2023.
(b) Table of Contents.--The table of contents for this
concurrent resolution is as follows:
Sec. 1. Concurrent resolution on the budget for fiscal year 2014.
TITLE I--RECOMMENDED LEVELS AND AMOUNTS
Sec. 101. Recommended levels and amounts.
Sec. 102. Major functional categories.
TITLE II--RECONCILIATION
Sec. 201. Reconciliation in the House of Representatives.
TITLE III--RECOMMENDED LEVELS FOR FISCAL YEARS 2030, 2040, AND 2050
Sec. 301. 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 reform of the 2010 health
care laws.
Sec. 403. Deficit-neutral reserve fund related to the Medicare
provisions of the 2010 health care laws.
Sec. 404. Deficit-neutral reserve fund for the sustainable growth rate
of the Medicare program.
Sec. 405. Deficit-neutral reserve fund for reforming the tax code.
Sec. 406. Deficit-neutral reserve fund for trade agreements.
Sec. 407. Deficit-neutral reserve fund for revenue measures.
Sec. 408. Deficit-neutral reserve fund for rural counties and schools.
Sec. 409. Implementation of a deficit and long-term debt reduction
agreement.
TITLE V--ESTIMATES OF DIRECT SPENDING
Sec. 501. Direct spending.
TITLE VI--BUDGET ENFORCEMENT
Sec. 601. Limitation on advance appropriations.
Sec. 602. Concepts and definitions.
Sec. 603. Adjustments of aggregates, allocations, and appropriate
budgetary levels.
Sec. 604. Limitation on long-term spending.
Sec. 605. Budgetary treatment of certain transactions.
Sec. 606. Application and effect of changes in allocations and
aggregates.
Sec. 607. Congressional Budget Office estimates.
Sec. 608. Transfers from the general fund of the treasury to the highway
trust fund that increase public indebtedness.
Sec. 609. Separate allocation for overseas contingency operations/global
war on terrorism.
Sec. 610. Exercise of rulemaking powers.
TITLE VII--POLICY STATEMENTS
Sec. 701. Policy statement on economic growth and job creation.
Sec. 702. Policy statement on tax reform.
Sec. 703. Policy statement on Medicare.
Sec. 704. Policy statement on Social Security.
Sec. 705. Policy statement on higher education affordability.
Sec. 706. Policy statement on deficit reduction through the cancellation
of unobligated balances.
Sec. 707. Policy statement on responsible stewardship of taxpayer
dollars.
Sec. 708. Policy statement on deficit reduction through the reduction of
unnecessary and wasteful spending.
Sec. 709. Policy statement on unauthorized spending.
TITLE VIII--SENSE OF THE HOUSE PROVISIONS
Sec. 801. Sense of the House on the importance of child support
enforcement.
TITLE I--RECOMMENDED LEVELS AND AMOUNTS
SEC. 101. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for each of
fiscal years 2014 through 2023:
(1) Federal revenues.--For purposes of the
enforcement of this concurrent resolution:
(A) The recommended levels of Federal
revenues are as follows:
Fiscal year 2014: $2,270,932,000,000.
Fiscal year 2015: $2,606,592,000,000.
Fiscal year 2016: $2,778,891,000,000.
Fiscal year 2017: $2,903,673,000,000.
Fiscal year 2018: $3,028,951,000,000.
Fiscal year 2019: $3,149,236,000,000.
Fiscal year 2020: $3,284,610,000,000.
Fiscal year 2021: $3,457,009,000,000.
Fiscal year 2022: $3,650,699,000,000.
Fiscal year 2023: $3,832,145,000,000.
(B) The amounts by which the aggregate
levels of Federal revenues should be changed
are as follows:
Fiscal year 2014: $0.
Fiscal year 2015: $0.
Fiscal year 2016: $0.
Fiscal year 2017: $0.
Fiscal year 2018: $0.
Fiscal year 2019: $0.
Fiscal year 2020: $0.
Fiscal year 2021: $0.
Fiscal year 2022: $0.
Fiscal year 2023: $0.
(2) New budget authority.--For purposes of the
enforcement of this concurrent resolution, the
appropriate levels of total new budget authority are as
follows:
Fiscal year 2014: $2,769,406,000,000.
Fiscal year 2015: $2,681,581,000,000.
Fiscal year 2016: $2,857,258,000,000.
Fiscal year 2017: $2,988,083,000,000.
Fiscal year 2018: $3,104,777,000,000.
Fiscal year 2019: $3,281,142,000,000.
Fiscal year 2020: $3,414,838,000,000.
Fiscal year 2021: $3,540,165,000,000.
Fiscal year 2022: $3,681,407,000,000.
Fiscal year 2023: $3,768,151,000,000.
(3) Budget outlays.--For purposes of the
enforcement of this concurrent resolution, the
appropriate levels of total budget outlays are as
follows:
Fiscal year 2014: $2,815,079,000,000.
Fiscal year 2015: $2,736,849,000,000.
Fiscal year 2016: $2,850,434,000,000.
Fiscal year 2017: $2,958,619,000,000.
Fiscal year 2018: $3,079,296,000,000.
Fiscal year 2019: $3,231,642,000,000.
Fiscal year 2020: $3,374,336,000,000.
Fiscal year 2021: $3,495,489,000,000.
Fiscal year 2022: $3,667,532,000,000.
Fiscal year 2023: $3,722,071,000,000.
(4) Deficits (on-budget).--For purposes of the
enforcement of this concurrent resolution, the amounts
of the deficits (on-budget) are as follows:
Fiscal year 2014: -$544,147,000,000.
Fiscal year 2015: -$130,257,000,000.
Fiscal year 2016: -$71,544,000,000.
Fiscal year 2017: -$54,947,000,000.
Fiscal year 2018: -$50,345,000,000.
Fiscal year 2019: -$82,405,000,000.
Fiscal year 2020: -$89,726,000,000.
Fiscal year 2021: -$38,480,000,000.
Fiscal year 2022: -$16,833,000,000.
Fiscal year 2023: $110,073,000,000.
(5) Debt subject to limit.--The appropriate levels
of the public debt are as follows:
Fiscal year 2014: $17,776,278,000,000.
Fiscal year 2015: $18,086,450,000,000.
Fiscal year 2016: $18,343,824,000,000.
Fiscal year 2017: $18,635,129,000,000.
Fiscal year 2018: $18,938,669,000,000.
Fiscal year 2019: $19,267,212,000,000.
Fiscal year 2020: $19,608,732,000,000.
Fiscal year 2021: $19,900,718,000,000.
Fiscal year 2022: $20,162,755,000,000.
Fiscal year 2023: $20,319,503,000,000.
(6) Debt held by the public.--The appropriate
levels of debt held by the public are as follows:
Fiscal year 2014: $12,849,621,000,000.
Fiscal year 2015: $13,069,788,000,000.
Fiscal year 2016: $13,225,569,000,000.
Fiscal year 2017: $13,362,146,000,000.
Fiscal year 2018: $13,485,102,000,000.
Fiscal year 2019: $13,648,470,000,000.
Fiscal year 2020: $13,836,545,000,000.
Fiscal year 2021; $13,992,649,000,000.
Fiscal year 2022: $14,154,363,000,000.
Fiscal year 2023: $14,210,984,000,000.
SEC. 102. MAJOR FUNCTIONAL CATEGORIES.
The Congress determines and declares that the appropriate
levels of new budget authority and outlays for fiscal years
2014 through 2023 for each major functional category are:
(1) National Defense (050):
Fiscal year 2014:
(A) New budget authority,
$560,225,000,000.
(B) Outlays, $579,235,000,000.
Fiscal year 2015:
(A) New budget authority,
$574,359,000,000.
(B) Outlays, $563,976,000,000.
Fiscal year 2016:
(A) New budget authority,
$585,556,000,000.
(B) Outlays, $570,288,000,000.
Fiscal year 2017:
(A) New budget authority,
$598,822,000,000.
(B) Outlays, $575,457,000,000.
Fiscal year 2018:
(A) New budget authority,
$612,125,000,000.
(B) Outlays, $582,678,000,000.
Fiscal year 2019:
(A) New budget authority,
$625,445,000,000.
(B) Outlays, $600,508,000,000.
Fiscal year 2020:
(A) New budget authority,
$639,780,000,000.
(B) Outlays, $614,250,000,000.
Fiscal year 2021:
(A) New budget authority,
$654,096,000,000.
(B) Outlays, $628,265,000,000.
Fiscal year 2022:
(A) New budget authority,
$671,181,000,000.
(B) Outlays, $649,221,000,000.
Fiscal year 2023:
(A) New budget authority,
$688,640,000,000.
(B) Outlays, $660,461,000,000.
(2) International Affairs (150):
Fiscal year 2014:
(A) New budget authority,
$41,010,000,000.
(B) Outlays, $42,005,000,000.
Fiscal year 2015:
(A) New budget authority,
$39,357,000,000.
(B) Outlays, $40,876,000,000.
Fiscal year 2016:
(A) New budget authority,
$40,355,000,000.
(B) Outlays, $40,019,000,000.
Fiscal year 2017:
(A) New budget authority,
$41,343,000,000.
(B) Outlays, $39,821,000,000.
Fiscal year 2018:
(A) New budget authority,
$42,342,000,000.
(B) Outlays, $39,922,000,000.
Fiscal year 2019:
(A) New budget authority,
$43,349,000,000.
(B) Outlays, $40,248,000,000.
Fiscal year 2020:
(A) New budget authority,
$44,366,000,000.
(B) Outlays, $41,070,000,000.
Fiscal year 2021:
(A) New budget authority,
$44,898,000,000.
(B) Outlays, $41,970,000,000.
Fiscal year 2022:
(A) New budget authority,
$46,240,000,000.
(B) Outlays, $43,208,000,000.
Fiscal year 2023:
(A) New budget authority,
$47,304,000,000.
(B) Outlays, $44,030,000,000.
(3) General Science, Space, and Technology (250):
Fiscal year 2014:
(A) New budget authority,
$27,733,000,000.
(B) Outlays, $27,811,000,000.
Fiscal year 2015:
(A) New budget authority,
$28,318,000,000.
(B) Outlays, $28,193,000,000.
Fiscal year 2016:
(A) New budget authority,
$28,994,000,000.
(B) Outlays, $28,641,000,000.
Fiscal year 2017:
(A) New budget authority,
$29,677,000,000.
(B) Outlays, $29,251,000,000.
Fiscal year 2018:
(A) New budget authority,
$30,386,000,000.
(B) Outlays, $29,932,000,000.
Fiscal year 2019:
(A) New budget authority,
$31,088,000,000.
(B) Outlays, $30,574,000,000.
Fiscal year 2020:
(A) New budget authority,
$31,798,000,000.
(B) Outlays, $31,275,000,000.
Fiscal year 2021:
(A) New budget authority,
$32,506,000,000.
(B) Outlays, $31,886,000,000.
Fiscal year 2022:
(A) New budget authority,
$33,244,000,000.
(B) Outlays, $32,609,000,000.
Fiscal year 2023:
(A) New budget authority,
$33,991,000,000.
(B) Outlays, $33,344,000,000.
(4) Energy (270):
Fiscal year 2014:
(A) New budget authority, -
$1,218,000,000.
(B) Outlays, $1,366,000,000.
Fiscal year 2015:
(A) New budget authority,
$1,527,000,000.
(B) Outlays, $2,024,000,000.
Fiscal year 2016:
(A) New budget authority,
$1,433,000,000.
(B) Outlays, $984,000,000.
Fiscal year 2017:
(A) New budget authority,
$1,570,000,000.
(B) Outlays, $1,091,000,000.
Fiscal year 2018:
(A) New budget authority,
$1,764,000,000.
(B) Outlays, $1,331,000,000.
Fiscal year 2019:
(A) New budget authority,
$1,932,000,000.
(B) Outlays, $1,612,000,000.
Fiscal year 2020:
(A) New budget authority,
$2,121,000,000.
(B) Outlays, $1,864,000,000.
Fiscal year 2021:
(A) New budget authority,
$2,200,000,000.
(B) Outlays, $2,039,000,000.
Fiscal year 2022:
(A) New budget authority,
$2,105,000,000.
(B) Outlays, $1,989,000,000.
Fiscal year 2023:
(A) New budget authority, -
$12,000,000.
(B) Outlays, -$147,000,000.
(5) Natural Resources and Environment (300):
Fiscal year 2014:
(A) New budget authority,
$38,146,000,000.
(B) Outlays, $41,002,000,000.
Fiscal year 2015:
(A) New budget authority,
$37,457,000,000.
(B) Outlays, $40,169,000,000.
Fiscal year 2016:
(A) New budget authority,
$36,445,000,000.
(B) Outlays, $39,860,000,000.
Fiscal year 2017:
(A) New budget authority,
$37,295,000,000.
(B) Outlays, $39,612,000,000.
Fiscal year 2018:
(A) New budget authority,
$38,120,000,000.
(B) Outlays, $39,378,000,000.
Fiscal year 2019:
(A) New budget authority,
$38,552,000,000.
(B) Outlays, $39,655,000,000.
Fiscal year 2020:
(A) New budget authority,
$39,530,000,000.
(B) Outlays, $40,167,000,000.
Fiscal year 2021:
(A) New budget authority,
$39,730,000,000.
(B) Outlays, $40,332,000,000.
Fiscal year 2022:
(A) New budget authority,
$40,124,000,000.
(B) Outlays, $40,330,000,000.
Fiscal year 2023:
(A) New budget authority,
$39,792,000,000.
(B) Outlays, $39,382,000,000.
(6) Agriculture (350):
Fiscal year 2014:
(A) New budget authority,
$21,731,000,000.
(B) Outlays, $20,377,000,000.
Fiscal year 2015:
(A) New budget authority,
$16,737,000,000.
(B) Outlays, $16,452,000,000.
Fiscal year 2016:
(A) New budget authority,
$21,254,000,000.
(B) Outlays, $20,827,000,000.
Fiscal year 2017:
(A) New budget authority,
$19,344,000,000.
(B) Outlays, $18,856,000,000.
Fiscal year 2018:
(A) New budget authority,
$18,776,000,000.
(B) Outlays, $18,238,000,000.
Fiscal year 2019:
(A) New budget authority,
$19,087,000,000.
(B) Outlays, $18,461,000,000.
Fiscal year 2020:
(A) New budget authority,
$19,380,000,000.
(B) Outlays, $18,864,000,000.
Fiscal year 2021:
(A) New budget authority,
$19,856,000,000.
(B) Outlays, $19,365,000,000.
Fiscal year 2022:
(A) New budget authority,
$19,736,000,000.
(B) Outlays, $19,244,000,000.
Fiscal year 2023:
(A) New budget authority,
$20,335,000,000.
(B) Outlays, $19,859,000,000.
(7) Commerce and Housing Credit (370):
Fiscal year 2014:
(A) New budget authority,
$2,548,000,000.
(B) Outlays, -$9,000,000,000..
Fiscal year 2015:
(A) New budget authority, -
$7,818,000,000.
(B) Outlays, -$19,413,000,000.
Fiscal year 2016:
(A) New budget authority, -
$7,398,000,000.
(B) Outlays, -$21,697,000,000.
Fiscal year 2017:
(A) New budget authority, -
$6,328,000,000.
(B) Outlays, -$22,908,000,000.
Fiscal year 2018:
(A) New budget authority, -
$2,946,000,000.
(B) Outlays, -$20,314,000,000.
Fiscal year 2019:
(A) New budget authority, -
$866,000,000.
(B) Outlays, -$23,410,000,000.
Fiscal year 2020:
(A) New budget authority, -
$579,000,000.
(B) Outlays, -$22,954,000,000.
Fiscal year 2021:
(A) New budget authority, -
$295,000,000.
(B) Outlays, -$17,517,000,000.
Fiscal year 2022:
(A) New budget authority, -
$1,076,000,000.
(B) Outlays, -$19,406,000,000.
Fiscal year 2023:
(A) New budget authority, -
$1,200,000,000.
(B) Outlays, -$20,654,000,000.
(8) Transportation (400):
Fiscal year 2014:
(A) New budget authority,
$87,056,000,000.
(B) Outlays, $93,142,000,000.
Fiscal year 2015:
(A) New budget authority,
$40,030,000,000.
(B) Outlays, $82,089,000,000.
Fiscal year 2016:
(A) New budget authority,
$81,453,000,000.
(B) Outlays, $74,235,000,000.
Fiscal year 2017:
(A) New budget authority,
$91,498,000,000.
(B) Outlays, $85,791,000,000.
Fiscal year 2018:
(A) New budget authority,
$68,776,000,000.
(B) Outlays, $84,548,000,000.
Fiscal year 2019:
(A) New budget authority,
$92,602,000,000.
(B) Outlays, $82,681,000,000.
Fiscal year 2020:
(A) New budget authority,
$72,693,000,000.
(B) Outlays, $84,625,000,000.
Fiscal year 2021:
(A) New budget authority,
$92,988,000,000.
(B) Outlays, $85,244,000,000.
Fiscal year 2022:
(A) New budget authority,
$74,694,000,000.
(B) Outlays, $85,945,000,000.
Fiscal year 2023:
(A) New budget authority,
$99,499,000,000.
(B) Outlays, $86,906,000,000.
(9) Community and Regional Development (450):
Fiscal year 2014:
(A) New budget authority,
$8,533,000,000.
(B) Outlays, $27,669,000,000.
Fiscal year 2015:
(A) New budget authority,
$8,401,000,000.
(B) Outlays, $22,978,000,000.
Fiscal year 2016:
(A) New budget authority,
$8,341,000,000.
(B) Outlays, $16,911,000,000.
Fiscal year 2017:
(A) New budget authority,
$8,442,000,000.
(B) Outlays, $13,910,000,000.
Fiscal year 2018:
(A) New budget authority,
$8,556,000,000.
(B) Outlays, $10,925,000,000.
Fiscal year 2019:
(A) New budget authority,
$8,766,000,000.
(B) Outlays, $9,787,000,000.
Fiscal year 2020:
(A) New budget authority,
$8,962,000,000.
(B) Outlays, $9,418,000,000.
Fiscal year 2021:
(A) New budget authority,
$9,172,000,000.
(B) Outlays, $9,283,000,000.
Fiscal year 2022:
(A) New budget authority,
$9,424,000,000.
(B) Outlays, $9,209,000,000.
Fiscal year 2023:
(A) New budget authority,
$9,641,000,000.
(B) Outlays, $9,271,000,000.
(10) Education, Training, Employment, and Social
Services (500):
Fiscal year 2014:
(A) New budget authority,
$56,440,000,000.
(B) Outlays, $77,310,000,000.
Fiscal year 2015:
(A) New budget authority,
$73,848,000,000.
(B) Outlays, $77,042,000,000.
Fiscal year 2016:
(A) New budget authority,
$85,577,000,000.
(B) Outlays, $84,250,000,000.
Fiscal year 2017:
(A) New budget authority,
$95,462,000,000.
(B) Outlays, $93,615,000,000.
Fiscal year 2018:
(A) New budget authority,
$100,910,000,000.
(B) Outlays, $99,755,000,000.
Fiscal year 2019:
(A) New budget authority,
$95,734,000,000.
(B) Outlays, $95,741,000,000.
Fiscal year 2020:
(A) New budget authority,
$97,329,000,000.
(B) Outlays, $97,270,000,000.
Fiscal year 2021:
(A) New budget authority,
$98,900,000,000.
(B) Outlays, $98,917,000,000.
Fiscal year 2022:
(A) New budget authority,
$99,965,000,000.
(B) Outlays, $100,219,000,000.
Fiscal year 2023:
(A) New budget authority,
$101,606,000,000.
(B) Outlays, $101,780,000,000.
(11) Health (550):
Fiscal year 2014:
(A) New budget authority,
$363,762,000,000.
(B) Outlays, $378,695,000,000.
Fiscal year 2015:
(A) New budget authority,
$358,156,000,000.
(B) Outlays, $353,470,000,000.
Fiscal year 2016:
(A) New budget authority,
$359,280,000,000.
(B) Outlays, $362,833,000,000.
Fiscal year 2017:
(A) New budget authority,
$375,308,000,000.
(B) Outlays, $375,956,000,000.
Fiscal year 2018:
(A) New budget authority,
$387,073,000,000.
(B) Outlays, $386,264,000,000.
Fiscal year 2019:
(A) New budget authority,
$393,079,000,000.
(B) Outlays, $392,141,000,000.
Fiscal year 2020:
(A) New budget authority,
$422,229,000,000.
(B) Outlays, $410,876,000,000.
Fiscal year 2021:
(A) New budget authority,
$420,834,000,000.
(B) Outlays, $419,365,000,000.
Fiscal year 2022:
(A) New budget authority,
$441,207,000,000.
(B) Outlays, $439,353,000,000.
Fiscal year 2023:
(A) New budget authority,
$456,935,000,000.
(B) Outlays, $455,134,000,000.
(12) Medicare (570):
Fiscal year 2014:
(A) New budget authority,
$515,944,000,000.
(B) Outlays, $515,713,000,000.
Fiscal year 2015:
(A) New budget authority,
$534,494,000,000.
(B) Outlays, $534,400,000,000.
Fiscal year 2016:
(A) New budget authority,
$581,788,000,000.
(B) Outlays, $581,834,000,000.
Fiscal year 2017:
(A) New budget authority,
$597,570,000,000.
(B) Outlays, $597,637,000,000.
Fiscal year 2018:
(A) New budget authority,
$621,384,000,000.
(B) Outlays, $621,480,000,000.
Fiscal year 2019:
(A) New budget authority,
$679,457,000,000.
(B) Outlays, $679,661,000,000.
Fiscal year 2020:
(A) New budget authority,
$723,313,000,000.
(B) Outlays, $723,481,000,000.
Fiscal year 2021:
(A) New budget authority,
$770,764,000,000.
(B) Outlays, $771,261,000,000.
Fiscal year 2022:
(A) New budget authority,
$845,828,000,000.
(B) Outlays, $843,504,000,000.
Fiscal year 2023:
(A) New budget authority,
$875,417,000,000.
(B) Outlays, $874,988,000,000.
(13) Income Security (600):
Fiscal year 2014:
(A) New budget authority,
$509,418,000,000.
(B) Outlays, $508,082,000,000.
Fiscal year 2015:
(A) New budget authority,
$480,285,000,000.
(B) Outlays, $476,897,000,000.
Fiscal year 2016:
(A) New budget authority,
$487,623,000,000.
(B) Outlays, $487,046,000,000.
Fiscal year 2017:
(A) New budget authority,
$484,222,000,000.
(B) Outlays, $479,516,000,000.
Fiscal year 2018:
(A) New budget authority,
$484,653,000,000.
(B) Outlays, $475,612,000,000.
Fiscal year 2019:
(A) New budget authority,
$495,065,000,000.
(B) Outlays, $490,660,000,000.
Fiscal year 2020:
(A) New budget authority,
$501,101,000,000.
(B) Outlays, $496,983,000,000.
Fiscal year 2021:
(A) New budget authority,
$505,927,000,000.
(B) Outlays, $501,832,000,000.
Fiscal year 2022:
(A) New budget authority,
$515,637,000,000.
(B) Outlays, $516,362,000,000.
Fiscal year 2023:
(A) New budget authority,
$510,654,000,000.
(B) Outlays, $506,354,000,000.
(14) Social Security (650):
Fiscal year 2014:
(A) New budget authority,
$27,506,000,000.
(B) Outlays, $27,616,000,000.
Fiscal year 2015:
(A) New budget authority,
$30,233,000,000.
(B) Outlays, $30,308,000,000.
Fiscal year 2016:
(A) New budget authority,
$33,369,000,000.
(B) Outlays, $33,407,000,000.
Fiscal year 2017:
(A) New budget authority,
$36,691,000,000.
(B) Outlays, $36,691,000,000.
Fiscal year 2018:
(A) New budget authority,
$40,005,000,000.
(B) Outlays, $40,005,000,000.
Fiscal year 2019:
(A) New budget authority,
$43,421,000,000.
(B) Outlays, $43,421,000,000.
Fiscal year 2020:
(A) New budget authority,
$46,954,000,000.
(B) Outlays, $46,954,000,000.
Fiscal year 2021:
(A) New budget authority,
$50,474,000,000.
(B) Outlays, $50,474,000,000.
Fiscal year 2022:
(A) New budget authority,
$54,235,000,000.
(B) Outlays, $54,235,000,000.
Fiscal year 2023:
(A) New budget authority,
$58,441,000,000.
(B) Outlays, $58,441,000,000.
(15) Veterans Benefits and Services (700):
Fiscal year 2014:
(A) New budget authority,
$145,730,000,000.
(B) Outlays, $145,440,000,000.
Fiscal year 2015:
(A) New budget authority,
$149,792,000,000.
(B) Outlays, $149,313,000,000.
Fiscal year 2016:
(A) New budget authority,
$162,051,000,000.
(B) Outlays, $161,441,000,000.
Fiscal year 2017:
(A) New budget authority,
$160,947,000,000.
(B) Outlays, $160,117,000,000.
Fiscal year 2018:
(A) New budget authority,
$159,423,000,000.
(B) Outlays, $158,565,000,000.
Fiscal year 2019:
(A) New budget authority,
$171,032,000,000.
(B) Outlays, $170,144,000,000.
Fiscal year 2020:
(A) New budget authority,
$175,674,000,000.
(B) Outlays, $174,791,000,000.
Fiscal year 2021:
(A) New budget authority,
$179,585,000,000.
(B) Outlays, $178,655,000,000.
Fiscal year 2022:
(A) New budget authority,
$191,294,000,000.
(B) Outlays, $190,344,000,000.
Fiscal year 2023:
(A) New budget authority,
$187,945,000,000.
(B) Outlays, $186,882,000,000.
(16) Administration of Justice (750):
Fiscal year 2014:
(A) New budget authority,
$51,933,000,000.
(B) Outlays, $53,376,000,000.
Fiscal year 2015:
(A) New budget authority,
$53,116,000,000.
(B) Outlays, $52,918,000,000.
Fiscal year 2016:
(A) New budget authority,
$56,644,000,000.
(B) Outlays, $55,745,000,000.
Fiscal year 2017:
(A) New budget authority,
$56,712,000,000.
(B) Outlays, $57,949,000,000.
Fiscal year 2018:
(A) New budget authority,
$58,586,000,000.
(B) Outlays, $59,859,000,000.
Fiscal year 2019:
(A) New budget authority,
$60,495,000,000.
(B) Outlays, $60,666,000,000.
Fiscal year 2020:
(A) New budget authority,
$62,400,000,000.
(B) Outlays, $61,878,000,000.
Fiscal year 2021:
(A) New budget authority,
$64,507,000,000.
(B) Outlays, $63,950,000,000.
Fiscal year 2022:
(A) New budget authority,
$70,150,000,000.
(B) Outlays, $69,561,000,000.
Fiscal year 2023:
(A) New budget authority,
$72,809,000,000.
(B) Outlays, $72,195,000,000.
(17) General Government (800):
Fiscal year 2014:
(A) New budget authority,
$23,225,000,000.
(B) Outlays, $24,172,000,000.
Fiscal year 2015:
(A) New budget authority,
$21,922,000,000.
(B) Outlays, $20,749,000,000.
Fiscal year 2016:
(A) New budget authority,
$23,263,000,000.
(B) Outlays, $22,559,000,000.
Fiscal year 2017:
(A) New budget authority,
$23,814,000,000.
(B) Outlays, $23,435,000,000.
Fiscal year 2018:
(A) New budget authority,
$24,573,000,000.
(B) Outlays, $24,158,000,000.
Fiscal year 2019:
(A) New budget authority,
$25,454,000,000.
(B) Outlays, $24,803,000,000.
Fiscal year 2020:
(A) New budget authority,
$26,293,000,000.
(B) Outlays, $25,645,000,000.
Fiscal year 2021:
(A) New budget authority,
$27,178,000,000.
(B) Outlays, $26,566,000,000.
Fiscal year 2022:
(A) New budget authority,
$27,821,000,000.
(B) Outlays, $27,219,000,000.
Fiscal year 2023:
(A) New budget authority,
$28,717,000,000.
(B) Outlays, $28,116,000,000.
(18) Net Interest (900):
Fiscal year 2014:
(A) New budget authority,
$341,099,000,000.
(B) Outlays, $341,099,000,000.
Fiscal year 2015:
(A) New budget authority,
$367,647,000,000.
(B) Outlays, $367,647,000,000.
Fiscal year 2016:
(A) New budget authority,
$405,960,000,000.
(B) Outlays, $405,960,000,000.
Fiscal year 2017:
(A) New budget authority,
$476,448,000,000.
(B) Outlays, $476,448,000,000.
Fiscal year 2018:
(A) New budget authority,
$555,772,000,000.
(B) Outlays, $555,772,000,000.
Fiscal year 2019:
(A) New budget authority,
$613,411,000,000.
(B) Outlays, $613,411,000,000.
Fiscal year 2020:
(A) New budget authority,
$661,810,000,000.
(B) Outlays, $661,810,000,000.
Fiscal year 2021:
(A) New budget authority,
$694,647,000,000.
(B) Outlays, $694,647,000,000.
Fiscal year 2022:
(A) New budget authority,
$723,923,000,000.
(B) Outlays, $723,923,000,000.
Fiscal year 2023:
(A) New budget authority,
$745,963,000,000.
(B) Outlays, $745,963,000,000.
(19) Allowances (920):
Fiscal year 2014:
(A) New budget authority, -
$59,061,000,000.
(B) Outlays, -$44,044,000,000.
Fiscal year 2015:
(A) New budget authority, -
$58,840,000,000.
(B) Outlays, -$53,255,000,000.
Fiscal year 2016:
(A) New budget authority, -
$65,587,000,000.
(B) Outlays, -$59,258,000,000.
Fiscal year 2017:
(A) New budget authority, -
$71,859,000,000.
(B) Outlays, -$65,151,000,000.
Fiscal year 2018:
(A) New budget authority, -
$77,299,000,000.
(B) Outlays, -$71,278,000,000.
Fiscal year 2019:
(A) New budget authority, -
$82,155,000,000.
(B) Outlays, -$76,769,000,000.
Fiscal year 2020:
(A) New budget authority, -
$85,543,000,000.
(B) Outlays, -$81,785,000,000.
Fiscal year 2021:
(A) New budget authority, -
$89,377,000,000.
(B) Outlays, -$85,845,000,000.
Fiscal year 2022:
(A) New budget authority, -
$88,897,000,000.
(B) Outlays, -$85,661,000,000.
Fiscal year 2023:
(A) New budget authority, -
$92,469,000,000.
(B) Outlays, -$89,323,000,000.
(20) Government-wide savings (930):
Fiscal year 2014:
(A) New budget authority, -
$9,407,000,000.
(B) Outlays, -$6,660,000,000.
Fiscal year 2015:
(A) New budget authority, -
$21,577,000,000.
(B) Outlays, -$9,971,000,000.
Fiscal year 2016:
(A) New budget authority, -
$17,617,000,000.
(B) Outlays, -$8,873,000,000.
Fiscal year 2017:
(A) New budget authority, -
$13,371,000,000.
(B) Outlays, -$6,739,000,000.
Fiscal year 2018:
(A) New budget authority, -
$11,556,000,000.
(B) Outlays, -$3,340,000,000.
Fiscal year 2019:
(A) New budget authority, -
$9,584,000,000.
(B) Outlays, -$703,000,000.
Fiscal year 2020:
(A) New budget authority, -
$8,457,000,000.
(B) Outlays, $1,740,000,000.
Fiscal year 2021:
(A) New budget authority, -
$7,094,000,000.
(B) Outlays, $3,666,000,000.
Fiscal year 2022:
(A) New budget authority, -
$21,151,000,000.
(B) Outlays, -$2,703,000,000.
Fiscal year 2023:
(A) New budget authority, -
$35,807,000,000.
(B) Outlays, -$13,555,000,000.
(21) Undistributed Offsetting Receipts (950):
Fiscal year 2014:
(A) New budget authority, -
$75,946,000,000.
(B) Outlays, -$75,946,000,000.
Fiscal year 2015:
(A) New budget authority, -
$80,864,000,000.
(B) Outlays, -$80,864,000,000.
Fiscal year 2016:
(A) New budget authority, -
$86,525,000,000.
(B) Outlays, -$86,525,000,000.
Fiscal year 2017:
(A) New budget authority, -
$90,525,000,000.
(B) Outlays, -$90,525,000,000.
Fiscal year 2018:
(A) New budget authority, -
$91,645,000,000.
(B) Outlays, -$91,645,000,000.
Fiscal year 2019:
(A) New budget authority, -
$99,220,000,000.
(B) Outlays, -$99,220,000,000.
Fiscal year 2020:
(A) New budget authority, -
$101,316,000,000.
(B) Outlays, -$101,316,000,000.
Fiscal year 2021:
(A) New budget authority, -
$106,332,000,000.
(B) Outlays, -$106,332,000,000.
Fiscal year 2022:
(A) New budget authority, -
$109,276,000,000.
(B) Outlays, -$109,276,000,000.
Fiscal year 2023:
(A) New budget authority, -
$115,049,000,000.
(B) Outlays, -$115,049,000,000.
(22) Overseas Contingency Operations/Global War on
Terrorism (970):
Fiscal year 2014:
(A) New budget authority,
$93,000,000,000.
(B) Outlays, $46,621,000,000.
Fiscal year 2015:
(A) New budget authority,
$35,000,000,000.
(B) Outlays, $40,851,000,000.
Fiscal year 2016:
(A) New budget authority,
$35,000,000,000.
(B) Outlays, $39,948,000,000.
Fiscal year 2017:
(A) New budget authority,
$35,000,000,000.
(B) Outlays, $38,789,000,000.
Fiscal year 2018:
(A) New budget authority,
$35,000,000,000.
(B) Outlays, $37,451,000,000.
Fiscal year 2019:
(A) New budget authority,
$35,000,000,000.
(B) Outlays, $37,570,000,000.
Fiscal year 2020:
(A) New budget authority,
$35,000,000,000.
(B) Outlays, $37,431,000,000.
Fiscal year 2021:
(A) New budget authority,
$35,000,000,000.
(B) Outlays, $37,466,000,000.
Fiscal year 2022:
(A) New budget authority,
$35,000,000,000.
(B) Outlays, $38,102,000,000.
Fiscal year 2023:
(A) New budget authority,
$35,000,000,000.
(B) Outlays, $37,694,000,000.
TITLE II--RECONCILIATION
SEC. 201. RECONCILIATION IN THE HOUSE OF REPRESENTATIVES.
(a) Submissions of Spending Reduction.--The House
committees named in subsection (b) shall submit, not later than
______, 2013, 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 at
least $1,000,000,000 for the period of fiscal years
2013 through 2023.
(2) Committee on education and the workforce.--The
Committee on Education and the Workforce shall submit
changes in laws within its jurisdiction sufficient to
reduce the deficit by at least $1,000,000,000 for the
period of fiscal years 2013 through 2023.
(3) 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 at least $1,000,000,000 for the period
of fiscal years 2013 through 2023.
(4) Committee on financial services.--The Committee
on Financial Services shall submit changes in laws
within its jurisdiction sufficient to reduce the
deficit by at least $1,000,000,000 for the period of
fiscal years 2013 through 2023.
(5) Committee on the judiciary.--The Committee on
the Judiciary shall submit changes in laws within its
jurisdiction sufficient to reduce the deficit by at
least $1,000,000,000 for the period of fiscal years
2013 through 2023.
(6) Committee on natural resources.--The Committee
on Natural Resources shall submit changes in laws
within its jurisdiction sufficient to reduce the
deficit by at least $1,000,000,000 for the period of
fiscal years 2013 through 2023.
(7) 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 at least
$1,000,000,000 for the period of fiscal years 2013
through 2023.
(8) 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 at
least $1,000,000,000 for the period of fiscal years
2013 through 2023.
TITLE III--RECOMMENDED LEVELS FOR FISCAL YEARS 2030, 2040, AND 2050
SEC. 301. LONG-TERM BUDGETING.
The following are the recommended revenue, spending, and
deficit 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: 19.1 percent.
Fiscal year 2040: 19.1 percent.
Fiscal year 2050: 19.1 percent.
(2) Budget outlays.--The appropriate levels of
total budget outlays are not to exceed:
Fiscal year 2030: 19.1 percent.
Fiscal year 2040: 19.1 percent.
Fiscal year 2050: 19.1 percent.
(3) Deficits.--The appropriate levels of deficits
are not to exceed:
Fiscal year 2030: 0 percent.
Fiscal year 2040: 0 percent.
Fiscal year 2050: 0 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 concurrent resolution for the budgetary effects
of any bill or joint resolution, or amendment thereto or
conference report thereon, that only consists of a full repeal
the Patient Protection and Affordable Care Act and the health
care-related provisions of the Health Care and Education
Reconciliation Act of 2010.
SEC. 402. DEFICIT-NEUTRAL RESERVE FUND FOR THE REFORM 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 concurrent resolution for the budgetary effects
of any bill or joint resolution, or amendment thereto or
conference report thereon, that reforms or replaces the Patient
Protection and Affordable Care Act or the Health Care and
Education Reconciliation Act of 2010, if such measure would not
increase the deficit for the period of fiscal years 2014
through 2023.
SEC. 403. DEFICIT-NEUTRAL RESERVE FUND RELATED TO THE MEDICARE
PROVISIONS 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 concurrent resolution for the budgetary effects
of any bill or joint resolution, or amendment thereto or
conference report thereon, that repeals all or part of the
decreases in Medicare spending included in the Patient
Protection and Affordable Care Act or the Health Care and
Education Reconciliation Act of 2010, if such measure would not
increase the deficit for the period of fiscal years 2014
through 2023.
SEC. 404. 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 concurrent 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 for the period of fiscal years 2014 through 2023.
SEC. 405. DEFICIT-NEUTRAL RESERVE FUND FOR REFORMING THE TAX CODE.
In the House, if the Committee on Ways and Means reports a
bill or joint resolution that reforms the Internal Revenue Code
of 1986, the chair of the Committee on the Budget may revise
the allocations, aggregates, and other appropriate levels in
this concurrent resolution for the budgetary effects of any
such bill or joint resolution, or amendment thereto or
conference report thereon, if such measure would not increase
the deficit for the period of fiscal years 2014 through 2023.
SEC. 406. DEFICIT-NEUTRAL RESERVE FUND FOR TRADE AGREEMENTS.
In the House, the chair of the Committee on the Budget may
revise the allocations, aggregates, and other appropriate
levels in this concurrent resolution for the budgetary effects
of any bill or joint resolution reported by the Committee on
Ways and Means, or amendment thereto or conference report
thereon, that implements a trade agreement, but only if such
measure would not increase the deficit for the period of fiscal
years 2014 through 2023.
SEC. 407. 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 concurrent resolution for the budgetary effects
of any bill or joint resolution reported by the Committee on
Ways and Means, or amendment thereto or conference report
thereon, that decreases revenue, but only if such measure would
not increase the deficit for the period of fiscal years 2014
through 2023.
SEC. 408. 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 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 requires sustained yield timber harvests
obviating the need for funding under P.L. 106-393 in the future
and would not increase the deficit or direct spending for
fiscal year 2014, the period of fiscal years 2014 through 2018,
or the period of fiscal years 2014 through 2023.
SEC. 409. IMPLEMENTATION OF A DEFICIT AND LONG-TERM DEBT REDUCTION
AGREEMENT.
In the House, the chair of the Committee on the Budget may
revise the allocations, aggregates, and other appropriate
levels in this concurrent resolution to accommodate the
enactment of a deficit and long-term debt reduction agreement
if it includes permanent spending reductions and reforms to
direct spending programs.
TITLE V--ESTIMATES OF DIRECT SPENDING
SEC. 501. DIRECT SPENDING.
(a) Means-tested Direct Spending.--
(1) For means-tested direct spending, the average
rate of growth in the total level of outlays during the
10-year period preceding fiscal year 2014 is 6.7
percent.
(2) For means-tested direct spending, the estimated
average rate of growth in the total level of outlays
during the 10-year period beginning with fiscal year
2014 is 6.2 percent under current law.
(3) The following reforms are proposed in this
concurrent resolution for means-tested direct spending:
(A) In 1996, a Republican Congress and a
Democratic president reformed welfare by
limiting the duration of benefits, giving
States more control over the program, and
helping recipients find work. In the five years
following passage, child-poverty rates fell,
welfare caseloads fell, and workers' wages
increased. This budget applies the lessons of
welfare reform to both the Supplemental
Nutrition Assistance Program and Medicaid.
(B) For Medicaid, this budget converts the
Federal share of Medicaid spending into a
flexible State allotment tailored to meet each
State's needs, indexed for inflation and
population growth. Such a reform would end the
misguided one-size-fits-all approach that has
tied the hands of State governments. Instead,
each State would have the freedom and
flexibility to tailor a Medicaid program that
fits the needs of its unique population.
Moreover, this budget repeals the Medicaid
expansions in the President's health care law,
relieving State governments of its crippling
one-size-fits-all enrollment mandates.
(C) For the Supplemental Nutrition
Assistance Program, this budget converts the
program into a flexible State allotment
tailored to meet each State's needs, increases
in the Department of Agriculture Thrifty Food
Plan index and beneficiary growth. Such a
reform would provide incentives for States to
ensure dollars will go towards those who need
them most. Additionally, it requires that more
stringent work requirements and time limits
apply under the program.
(b) Nonmeans-tested Direct Spending.--
(1) For nonmeans-tested direct spending, the
average rate of growth in the total level of outlays
during the 10-year period preceding fiscal year 2014 is
5.9 percent.
(2) For nonmeans-tested direct spending, the
estimated average rate of growth in the total level of
outlays during the 10-year period beginning with fiscal
year 2014 is 5.3 percent under current law.
(3) The following reforms are proposed in this
concurrent resolution for nonmeans-tested direct
spending:
(A) For Medicare, this budget advances
policies to put seniors, not the Federal
Government, in control of their health care
decisions. Those in or near retirement will see
no changes, while future retirees would be
given a choice of private plans competing
alongside the traditional fee-for-service
Medicare program. Medicare would provide a
premium-support payment either to pay for or
offset the premium of the plan chosen by the
senior, depending on the plan's cost. The
Medicare premium-support payment would be
adjusted so that the sick would receive higher
payments if their conditions worsened; lower-
income seniors would receive additional
assistance to help cover out-of-pocket costs;
and wealthier seniors would assume
responsibility for a greater share of their
premiums. Putting seniors in charge of how
their health care dollars are spent will force
providers to compete against each other on
price and quality. This market competition will
act as a real check on widespread waste and
skyrocketing health care costs.
(B) In keeping with a recommendation from
the National Commission on Fiscal
Responsibility and Reform, this budget calls
for Federal employees--including Members of
Congress and congressional staff--to make
greater contributions toward their own
retirement.
TITLE VI--BUDGET ENFORCEMENT
SEC. 601. LIMITATION ON ADVANCE APPROPRIATIONS.
(a) Findings.--The House finds the following:
(1) The Veterans Health Care Budget and Reform
Transparency Act of 2009 provides advance
appropriations for the following veteran medical care
accounts: Medical Services, Medical Support and
Compliance, and Medical Facilities.
(2) The President has yet to submit a budget
request as required under section 1105(a) of title 31,
United States Code, including the request for the
Department of Veterans Affairs, for fiscal year 2014,
hence the request for veteran medical care advance
appropriations for fiscal year 2015 is unavailable as
of the writing of this concurrent resolution.
(3) This concurrent resolution reflects the most
up-to-date estimate on veterans' health care needs
included in the President's fiscal year 2013 request
for fiscal year 2015.
(b) In General.--In the House, except as provided for in
subsection (c), any bill or joint resolution, or amendment
thereto or conference report thereon, making a general
appropriation or continuing appropriation may not provide for
advance appropriations.
(c) Exceptions.--An advance appropriation may be provided
for programs, projects, activities, or accounts referred to in
subsection (d)(1) or identified in the report to accompany this
concurrent resolution or the joint explanatory statement of
managers to accompany this concurrent resolution under the
heading ``Accounts Identified for Advance Appropriations''.
(d) Limitations.--For fiscal year 2015, the aggregate level
of advance appropriations shall not exceed--
(1) $55,483,000,000 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
programs identified pursuant to subsection (c).
(e) Definition.--In this section, the term ``advance
appropriation'' means any new discretionary budget authority
provided in a bill or joint resolution, or amendment thereto or
conference report thereon, making general appropriations or any
new discretionary budget authority provided in a bill or joint
resolution making continuing appropriations for fiscal year
2015.
SEC. 602. 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
allocations, aggregates, and other appropriate levels in this
concurrent resolution accordingly.
SEC. 603. ADJUSTMENTS OF AGGREGATES, ALLOCATIONS, AND APPROPRIATE
BUDGETARY LEVELS.
(a) Adjustments of Discretionary and Direct Spending
Levels.--If a committee (other than the Committee on
Appropriations) reports a bill or joint resolution, or
amendment thereto or 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 2014 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.
(b) Adjustments to Implement Discretionary Spending Caps
and to Fund Veterans' Programs and Overseas Contingency
Operations/Global War on Terrorism.--
(1) Findings.--(A) The President has not submitted
a budget for fiscal year 2014 as required pursuant to
section 1105(a) of title 31, United States Code, by the
date set forth in that section.
(B) In missing the statutory date by which the
budget must be submitted, this will be the fourth time
in five years the President has not complied with that
deadline.
(C) This concurrent resolution reflects the levels
of funding for veterans' medical programs as set forth
in the President's fiscal year 2013 budget request.
(2) President's budget submission.--In order to
take into account any new information included in the
budget submission by the President for fiscal year
2014, the chair of the Committee on the Budget may
adjust the allocations, aggregates, and other
appropriate budgetary levels for veterans' programs,
Overseas Contingency Operations/Global War on
Terrorism, or the 302(a) allocation to the Committee on
Appropriations set forth in the report of this
concurrent resolution to conform with section 251(c) of
the Balanced Budget and Emergency Deficit Control Act
of 1985 (as adjusted by section 251A of such Act).
(3) Revised congressional budget office baseline.--
The chair of the Committee on the Budget may adjust the
allocations, aggregates, and other appropriate
budgetary levels to reflect changes resulting from
technical and economic assumptions in the most recent
baseline published by the Congressional Budget Office.
(c) 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 2014 and the period of
fiscal years 2014 through fiscal year 2023 shall be determined
on the basis of estimates made by the chair of the Committee on
the Budget and such chair may adjust such applicable levels of
this concurrent resolution.
SEC. 604. 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 four consecutive ten fiscal-year
periods beginning with fiscal year 2024.
SEC. 605. 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 report accompanying this
concurrent resolution on the budget or 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 the allocations, aggregates, and other appropriate
levels for legislation reported by the Committee on Oversight
and Government Reform that reforms the Federal retirement
system, if such adjustments do not cause a net increase in the
deficit for fiscal year 2014 and the period of fiscal years
2014 through 2023.
SEC. 606. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS AND
AGGREGATES.
(a) Application.--Any adjustments of the allocations,
aggregates, and other appropriate levels made pursuant to this
concurrent 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 concurrent resolution.
(c) Budget Compliance.--(1) The consideration of any bill
or joint resolution, or amendment thereto or conference report
thereon, for which the chair of the Committee on the Budget
makes adjustments or revisions in the allocations, aggregates,
and other appropriate levels 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 604.
(2) Section 314(f) of the Congressional Budget Act of 1974
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--
(A) the enactment of that bill or resolution;
(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 not cause the appropriate allocation of new budget
authority made pursuant to section 302(a) of such Act for that
fiscal year to be exceeded or the sum of the limits on the
security and non-security category in section 251A of the
Balanced Budget and Emergency Deficit Control Act as reduced
pursuant to such section.
SEC. 607. CONGRESSIONAL BUDGET OFFICE ESTIMATES.
(a) Findings.--The House finds the following:
(1) Costs of Federal housing loans and loan
guarantees are treated unequally in the budget. The
Congressional Budget Office uses fair-value accounting
to measure the costs of Fannie Mae and Freddie Mac, but
determines the cost of other Federal housing programs
on the basis of the Federal Credit Reform Act of 1990
(``FCRA'').
(2) The fair-value accounting method uses discount
rates which incorporate the risk inherent to the type
of liability being estimated in addition to Treasury
discount rates of the proper maturity length. In
contrast, cash-basis accounting solely uses the
discount rates of the Treasury, failing to incorporate
risks such as prepayment and default risk.
(3) The Congressional Budget Office estimates that
the $635 billion of loans and loan guarantees issued in
2013 alone would generate budgetary savings of $45
billion over their lifetime using FCRA accounting.
However, these same loans and loan guarantees would
have a lifetime cost of $11 billion under fair-value
methodology.
(4) The majority of loans and guarantees issued in
2013 would show deficit reduction of $9.1 billion under
FCRA methodology, but would increase the deficit by
$4.7 billion using fair-value accounting.
(b) Fair Value Estimates.--Upon the request of the chair or
ranking member of the Committee on the Budget, any estimate
prepared by the Director of the Congressional Budget Office for
a measure under the terms of title V of the Congressional
Budget Act of 1974, ``credit reform'', as a supplement to such
estimate 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.
(c) Fair Value Estimates for Housing Programs.--Whenever
the Director of the Congressional Budget Office prepares an
estimate pursuant to section 402 of the Congressional Budget
Act of 1974 of the costs which would be incurred in carrying
out any bill or joint resolution and if the Director determines
that such bill or joint resolution has a cost related to a
housing or residential mortgage program under the FCRA, then
the Director shall also provide an estimate of the current
actual or estimated market values representing the ``fair
value'' of assets and liabilities affected by the provisions of
such bill or joint resolution that result in such cost.
(d) Enforcement.--If the Director of the Congressional
Budget Office provides an estimate pursuant to subsection (b)
or (c), 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.
SEC. 608. 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 or orders of the House of Representatives, a bill or
joint resolution, or an amendment thereto or conference report
thereon, 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. 609. 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/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 2014. Such separate allocation shall be the
exclusive allocation for overseas contingency operations/global
war on terrorism under section 302(a) of such Act. Section
302(c) of such Act shall 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 2014, 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. 610. EXERCISE OF RULEMAKING POWERS.
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.
TITLE VII--POLICY STATEMENTS
SEC. 701. POLICY STATEMENT ON ECONOMIC GROWTH AND JOB CREATION.
(a) Findings.--The House finds the following:
(1) Although the U.S. economy technically emerged
from recession roughly four years ago, the recovery has
felt more like a malaise than a rebound with the
unemployment rate still elevated and real economic
growth essentially flat in the final quarter of 2012.
(2) The enormous build-up of Government debt in the
past four years has worsened the already unsustainable
course of Federal finances and is an increasing drag on
the U.S. economy.
(3) During the recession and early stages of
recovery, the Government took a variety of measures to
try to boost economic activity. Despite the fact that
these stimulus measures added over $1 trillion to the
debt, the economy continues to perform at a sub-par
trend.
(4) Investors and businesses make decisions on a
forward-looking basis. They know that today's large
debt levels are simply tomorrow's tax hikes, interest
rate increases, or inflation - and they act
accordingly. It is this debt overhang, and the
uncertainty it generates, that is weighing on U.S.
growth, investment, and job creation.
(5) Economists have found that the key to jump-
starting U.S. economic growth and job creation is
tangible action to rein in the growth of Government
spending with the aim of getting debt under control.
(6) Stanford economist John Taylor has concluded
that reducing Government spending now would ``reduce
the threats of higher taxes, higher interest rates and
a fiscal crisis'', and would therefore provide an
immediate stimulus to the economy.
(7) Federal Reserve Chairman Ben Bernanke has
stated that putting in place a credible plan to reduce
future deficits ``would not only enhance economic
performance in the long run, but could also yield near-
term benefits by leading to lower long-term interest
rates and increased consumer and business confidence.''
(8) Lowering spending would boost market confidence
and lessen uncertainty, leading to a spark in economic
expansion, job creation, and higher wages and income.
(b) Policy on Economic Growth and Job Creation.--It is the
policy of this resolution to promote faster economic growth and
job creation. By putting the budget on a sustainable path, this
resolution ends the debt-fueled uncertainty holding back job
creators. Reforms to the tax code put American businesses and
workers in a better position to compete and thrive in the 21st
century global economy. This resolution targets the regulatory
red tape and cronyism that stack the deck in favor of special
interests. All of the reforms in this resolution serve as means
to the larger end of growing the economy and expanding
opportunity for all Americans.
SEC. 702. POLICY STATEMENT ON TAX REFORM.
(a) Findings.--The House finds the following:
(1) A world-class tax system should be simple,
fair, and promote (rather than impede) economic growth.
The U.S. tax code fails on all three counts - it is
notoriously complex, patently unfair, and highly
inefficient. The tax code's complexity distorts
decisions to work, save, and invest, which leads to
slower economic growth, lower wages, and less job
creation.
(2) Since 2001 alone, there have been more than
3,250 changes to the code. Many of the major changes
over the years have involved carving out special
preferences, exclusions, or deductions for various
activities or groups. These loopholes add up to more
than $1 trillion per year and make the code unfair,
inefficient, and very complex.
(3) These tax preferences are disproportionately
used by upper-income individuals. For instance, the top
1 percent of taxpayers reap about 3 times as much
benefit from special tax credits and deductions
(excluding refundable credits) than the middle class
and 13 times as much benefit than the lowest income
quintile.
(4) The large amount of tax preferences that
pervade the code end up narrowing the tax base by as
much as 50 percent. A narrow tax base, in turn,
requires much higher tax rates to raise a given amount
of revenue.
(5) The National Taxpayer Advocate reports that
taxpayers spent 6.1 billion hours in 2012 complying
with tax requirements.
(6) Standard economic theory shows that high
marginal tax rates dampen the incentives to work, save,
and invest, which reduces economic output and job
creation. Lower economic output, in turn, mutes the
intended revenue gain from higher marginal tax rates.
(7) Roughly half of U.S. active business income and
half of private sector employment are derived from
business entities (such as partnerships, S
corporations, and sole proprietorships) that are taxed
on a ``pass-through'' basis, meaning the income flows
through to the tax returns of the individual owners and
is taxed at the individual rate structure rather than
at the corporate rate. Small businesses in particular
tend to choose this form for Federal tax purposes, and
the top Federal rate on such small business income
reaches 44.6 percent. For these reasons, sound economic
policy requires lowering marginal rates on these pass-
through entities.
(8) The U.S. corporate income tax rate (including
Federal, State, and local taxes) sums to just over 39
percent, the highest rate in the industrialized world.
The total Federal marginal tax rate on corporate income
now reaches 55 percent, when including the shareholder-
level tax on dividends and capital gains. Tax rates
this high suppress wages and discourage investment and
job creation, distort business activity, and put
American businesses at a competitive disadvantage with
foreign competitors.
(9) By deterring potential investment, the U.S.
corporate tax restrains economic growth and job
creation. The U.S. tax rate differential with other
countries also fosters a variety of complicated
multinational corporate behaviors intended to avoid the
tax, which have the effect of moving the tax base
offshore, destroying American jobs, and decreasing
corporate revenue.
(10) The ``worldwide'' structure of U.S.
international taxation essentially taxes earnings of
U.S. firms twice, putting them at a significant
competitive disadvantage with competitors with more
competitive international tax systems.
(11) Reforming the U.S. tax code to a more
competitive international system would boost the
competitiveness of U.S. companies operating abroad and
it would also greatly reduce tax avoidance.
(12) The tax code imposes costs on American workers
through lower wages, on consumers in higher prices, and
on investors in diminished returns.
(13) Revenues have averaged 18 percent of the
economy throughout modern American history. Revenues
rise above this level under current law to 19.1 percent
of the economy, and - if the spending restraints in
this budget are enacted - this level is sufficient to
fund Government operations over time.
(14) Attempting to raise revenue through tax
increases to meet out-of-control spending would sink
the economy.
(15) Closing tax loopholes to fund spending does
not constitute fundamental tax reform.
(16) The goal of tax reform should be to curb or
eliminate loopholes and use those savings to lower tax
rates across the board - not to fund more wasteful
Government spending. Tax reform should be revenue-
neutral and should not be an excuse to raise taxes on
the American people.
(b) Policy on Tax Reform.--It is the policy of this
resolution that Congress should enact legislation during fiscal
year 2014 that provides for a comprehensive reform of the U.S.
tax code to promote economic growth, create American jobs,
increase wages, and benefit American consumers, investors, and
workers through revenue-neutral fundamental tax reform, which
should be reported by the Committee on Ways and Means to the
House not later than December 31, 2013, that--
(1) simplifies the tax code to make it fairer to
American families and businesses and reduces the amount
of time and resources necessary to comply with tax
laws;
(2) substantially lowers tax rates for individuals,
with a goal of achieving a top individual rate of 25
percent and consolidating the current seven individual
income tax brackets into two brackets with a first
bracket of 10 percent;
(3) repeals the Alternative Minimum Tax;
(4) reduces the corporate tax rate to 25 percent;
and
(5) transitions the tax code to a more competitive
system of international taxation.
SEC. 703. 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 or near
retirement becomes more pronounced. According to the
Congressional Budget Office--
(A) the Hospital Insurance Trust Fund will
be exhausted in 2023 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 6.2 percent per
year, and under the Congressional Budget
Office's alternative fiscal scenario, direct
spending on Medicare is projected to exceed 7
percent of GDP by 2040 and reach 13 percent of
GDP by 2085.
(3) The President's health care law created a new
Federal agency called the Independent Payment Advisory
Board (``IPAB'') empowered with unilateral authority to
cut Medicare spending. As a result of that law--
(A) IPAB will be tasked with keeping the
Medicare per capita growth below a Medicare per
capita target growth rate. Prior to 2018, the
target growth rate is based on the five-year
average of overall inflation and medical
inflation. Beginning in 2018, the target growth
rate will be the five-year average increase in
the nominal Gross Domestic Product (GDP) plus
one percentage point;
(B) the fifteen unelected, unaccountable
bureaucrats of IPAB will make decisions that
will reduce seniors access to care;
(C) the nonpartisan Office of the Medicare
Chief Actuary estimates that the provider cuts
already contained in the Affordable Care Act
will force 15 percent of hospitals, skilled
nursing facilities, and home health agencies to
close in 2019; and
(D) additional cuts from the IPAB board
will force even more health care providers to
close their doors, and the Board should be
repealed.
(4) 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 or 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 or near retirement.
(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 maintain traditional fee-for-
service as an option.
(4) Medicare will provide additional assistance for
lower-income beneficiaries and those with greater
health risks.
(5) Medicare spending is put on a sustainable path
and the Medicare program becomes solvent over the long-
term.
SEC. 704. 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, the Disability Insurance Trust
Fund will be exhausted and program revenues
will be unable to pay scheduled benefits.
(B) In 2033, the combined Old-Age and
Survivors and Disability Trust Funds will be
exhausted, and program revenues will be unable
to pay scheduled benefits.
(C) With the exhaustion of the Trust Funds
in 2033, benefits will be cut 25 percent across
the board, devastating those currently in or
near retirement and those who rely on Social
Security the most.
(3) The recession and continued low economic growth
have exacerbated the looming fiscal crisis facing
Social Security. The most recent CBO projections find
that Social Security will run cash deficits of $1.319
trillion over the next 10 years.
(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) The Disability Insurance program provides an
essential income safety net for those with disabilities
and their families. According to the Congressional
Budget Office (CBO), between 1970 and 2012, the number
of people receiving disability benefits (both disabled
workers and their dependent family members) has
increased by over 300 percent from 2.7 million to over
10.9 million. This increase is not due strictly to
population growth or decreases in health. David Autor
and Mark Duggan have found that the increase in
individuals on disability does not reflect a decrease
in self-reported health. CBO attributes program growth
to changes in demographics, changes in the composition
of the labor force and compensation, as well as Federal
policies.
(6) If this program is not reformed, families who
rely on the lifeline that disability benefits provide
will face benefit cuts of up to 25 percent in 2016,
devastating individuals who need assistance the most.
(7) Americans deserve action by the President, the
House, and the Senate to preserve and strengthen Social
Security. It is critical that bipartisan action be
taken 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 of the safety net.
(b) Policy Statement on Social Security.--It is the policy
of this resolution that Congress should work on a bipartisan
basis to make Social Security sustainably solvent. This
resolution assumes reform of a current law trigger, such that:
(1) 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 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 shall, no 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.
Recommendations provided to the President must be
agreed upon by both Public Trustees of the Board of
Trustees.
(2) Not later than December 1 of the same calendar
year in which the Board of Trustees submit their
recommendations, the President shall promptly submit
implementing legislation to both Houses of Congress
including his recommendations necessary to achieve a
positive 75-year actuarial balance and a positive
annual balance in the 75th year. The Majority Leader of
the Senate and the Majority Leader of the House shall
introduce the President's legislation upon receipt.
(3) Within 60 days of the President submitting
legislation, the committees of jurisdiction to which
the legislation has been referred shall report the bill
which shall be considered by the full House or Senate
under expedited procedures.
(4) Legislation submitted by the President shall--
(A) protect those in or near retirement;
(B) preserve the safety net for those who
count on Social Security the most, including
those with disabilities and survivors;
(C) improve fairness for participants;
(D) reduce the burden on, and provide
certainty for, future generations; and
(E) secure the future of the Disability
Insurance program while addressing the needs of
those with disabilities today and improving the
determination process.
SEC. 705. POLICY STATEMENT ON HIGHER EDUCATION AFFORDABILITY.
(a) Findings.--The House finds the following:
(1) A well-educated workforce is critical to
economic, job, and wage growth.
(2) More than 21 million students are enrolled in
American colleges and universities.
(3) Over the last decade, tuition and fees have
been growing at an unsustainable rate. Between the
2001-2002 Academic Year and the 2011-2012 Academic
Year:
(A) Published tuition and fees for in-State
students at public four-year colleges and
universities increased at an average rate of
5.6 percent per year beyond the rate of general
inflation.
(B) Published tuition and fees for in-State
students at public two-year colleges and
universities increased at an average rate of
3.8 percent per year beyond the rate of general
inflation.
(C) Published tuition and fees for in-State
students at private four-year colleges and
universities increased at an average rate of
2.6 percent per year beyond the rate of general
inflation.
(4) Over that same period, Federal financial aid
has increased 140 percent beyond the rate of general
inflation.
(5) This spending has failed to make college more
affordable.
(6) In his 2012 State of the Union Address,
President Obama noted that, ``We can't just keep
subsidizing skyrocketing tuition; we'll run out of
money.''
(7) American students are chasing ever-increasing
tuition with ever-increasing debt. According to the
Federal Reserve Bank of New York, student debt nearly
tripled between 2004 and 2012, and now stands at nearly
$1 trillion. Student debt now has the second largest
balance after mortgage debt.
(8) Students are carrying large debt loads and too
many fail to complete college or end up defaulting on
these loans due to their debt burden and a weak economy
and job market.
(9) Based on estimates from the Congressional
Budget Office, the Pell Grant Program will face a
fiscal shortfall beginning in fiscal year 2015 and
continuing in each subsequent year in the current
budget window.
(10) Failing to address these problems will
jeopardize access and affordability to higher education
for America's young people.
(b) Policy on Higher Education Affordability.--It is the
policy of this resolution to address the root drivers of
tuition inflation, by--
(1) targeting Federal financial aid to those most
in need;
(2) streamlining programs that provide aid to make
them more effective;
(3) maintaining the maximum Pell grant award level
at $5,645 in each year of the budget window; and
(4) removing regulatory barriers in higher
education that act to restrict flexibility and
innovative teaching, particularly as it relates to non-
traditional models such as online coursework and
competency-based learning.
SEC. 706. POLICY STATEMENT ON DEFICIT REDUCTION THROUGH THE
CANCELLATION OF UNOBLIGATED BALANCES.
(a) Findings.--The House finds the following:
(1) According to the last available estimate from
the Office of Management and Budget, Federal agencies
were expected to 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 remains
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 Statement 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
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. 707. POLICY STATEMENT ON RESPONSIBLE STEWARDSHIP OF TAXPAYER
DOLLARS.
(a) Findings.--The House finds the following:
(1) The House of Representatives cut budgets for
Members of Congress, House committees, and leadership
offices by 5 percent in 2011 and an additional 6.4
percent in 2012.
(2) The House of Representatives achieved savings
of $36.5 million over three years by consolidating
House operations and renegotiating contracts.
(b) Policy.--It is the policy of this resolution that:
(1) The House of Representatives must be a model
for the responsible stewardship of taxpayer resources
and therefore must identify any savings that can be
achieved through greater productivity and efficiency
gains in the operation and maintenance of House
services and resources like printing, conferences,
utilities, telecommunications, furniture, grounds
maintenance, postage, and rent. This should include a
review of policies and procedures for acquisition of
goods and services to eliminate any unnecessary
spending. The Committee on House Administration should
review the policies pertaining to the services provided
to Members and committees of the House, and should
identify ways to reduce any subsidies paid for the
operation of the House gym, barber shop, salon, and the
House dining room.
(2) No taxpayer funds may be used to purchase first
class airfare or to lease corporate jets for Members of
Congress.
SEC. 708. POLICY STATEMENT ON DEFICIT REDUCTION THROUGH THE REDUCTION
OF UNNECESSARY AND WASTEFUL SPENDING.
(a) Findings.--The House finds the following:
(1) The Government Accountability Office (``GAO'')
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) In 2011 and 2012, the Government Accountability
Office issued reports showing excessive duplication and
redundancy in Federal programs including--
(A) 209 ``Science, Technology, Engineering,
and Mathematics'' (``STEM'') education programs
in 13 different Federal agencies at a cost of
$3 billion annually;
(B) 200 separate Department of Justice
crime prevention and victim services grant
programs with an annual cost of $3.9 billion in
2010;
(C) 20 different Federal entities
administer 160 housing programs and other forms
of Federal assistance for housing with a total
cost of $170 billion in 2010;
(D) 17 separate Homeland Security
preparedness grant programs that spent $37
billion between fiscal year 2011 and 2012;
(E) 13 programs, 3 tax benefits, and one
loan program to reduce diesel emissions; and
(F) 94 different initiatives run by 11
different agencies to encourage ``green
building'' in the private sector.
(4) The Federal Government spends about $80 billion
each year for information technology. GAO has
identified broad acquisition failures, waste, and
unnecessary duplication in the Government's information
technology infrastructure. Experts have estimated that
eliminating these problems could save 25 percent - or
$20 billion - of the Government's annual information
technology budget.
(5) Federal agencies reported an estimated $108
billion in improper payments in fiscal year 2012.
(6) Under clause 2 of Rule XI of the Rules of the
House of Representatives, each standing committee must
hold at least one hearing during each 120 day period
following its establishment on waste, fraud, abuse, or
mismanagement in Government programs.
(7) According to the Congressional Budget Office,
by fiscal year 2014, 42 laws will expire, possibly
resulting in $685 billion in unauthorized
appropriations. Timely reauthorizations of these laws
would ensure assessments of program justification and
effectiveness.
(8) 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 Statement 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.
SEC. 709. POLICY STATEMENT ON UNAUTHORIZED SPENDING.
It is the policy of this resolution that the committees of
jurisdiction should review all unauthorized programs funded
through annual appropriations to determine if the programs are
operating efficiently and effectively. Committees should
reauthorize those programs that in the committees' judgment
should continue to receive funding.
TITLE VIII--SENSE OF THE HOUSE PROVISIONS
SEC. 801. SENSE OF THE HOUSE ON THE IMPORTANCE OF CHILD SUPPORT
ENFORCEMENT.
It is the sense of the House that--
(1) additional legislative action is needed to
ensure that States have the necessary resources to
collect all child support that is owed to families and
to allow them to pass 100 percent of support on to
families without financial penalty; and
(2) when 100 percent of child support payments are
passed to the child, rather than administrative
expenses, program integrity is improved and child
support participation increases.
Passed the House of Representatives March 21, 2013.
SELECTED PROVISIONS OF THE
REPORT ON H. CON. RES. 25
* * * * * * *
TITLE III--RECOMMENDED LEVELS FOR FISCAL YEARS 2030, 2040, AND 2050
SECTION 301. LONG-TERM BUDGETING
This section sets out recommended budgetary levels for
certain budget aggregates for each of fiscal years 2030, 2040,
and 2050 as a percentage of the gross domestic product of the
United States as follows:
Federal Revenues
Fiscal Year 2030: 19.1 percent
Fiscal Year 2040: 19.1 percent
Fiscal Year 2050: 19.1 percent
Budget Outlays
Fiscal Year 2030: 19.1 percent
Fiscal Year 2040: 19.1 percent
Fiscal Year 2050: 19.1 percent
Deficits
Fiscal Year 2030: 0 percent
Fiscal Year 2040: 0 percent
Fiscal Year 2050: 0 percent
TITLE IV--RESERVE FUNDS
SECTION 401. RESERVE FUND FOR THE REPEAL OF THE 2010 HEALTH CARE LAWS
This section permits the Chairman of the Committee on the
Budget to revise allocations of spending authority, provided to
committees of the House, and to adjust other budgetary
enforcement levels for a measure that fully repeals the Patient
Protection and Affordable Care Act (Public Law 111-148) and the
health care-related provisions of the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152). Those measures
are the health care bills enacted into law in 2010. These
adjustments would not be available for measures that only
offered a partial repeal, such as a repeal of certain sections
of these laws. The reserve fund is intended to apply to the
health care provisions and would not apply to the repeal of the
education-related provisions of the reconciliation act referred
to above.
A measure repealing the health care laws must solely
achieve that purpose and may not include language which is
extraneous to that purpose, whether such language has a
budgetary effect or not. In addition, the repeal must be
permanent and may not include a sunset date.
Multiple measures may take advantage of the reserve fund,
as long as each meets the parameters outlined, until such
repeal is enacted.
An amendment (or a motion to recommit), if it qualifies
under the terms of this reserve fund, may be offered to an
unrelated measure, but should such a measure as amended be
returned to the House as a conference report or an amendment
between the Houses, no adjustments would be made if that
measure contained text unrelated to the purpose of this reserve
fund which is to repeal the laws referred to above.
A measure receiving an adjustment under the terms of this
reserve fund may be open for amendment, subject to the special
rule providing for its consideration, but the amendment, if it
does not meet the terms outlined in this section, must be
compliant with the Budget Act and the Rules of the House
without regard to the adjustments made to the underlying
measure.
SECTION 402. DEFICIT-NEUTRAL RESERVE FUND FOR THE REFORM OF THE 2010
HEALTH CARE LAWS
This section permits the Chairman of the Committee on the
Budget to revise allocations of spending authority, provided to
committees of the House, and to adjust other budgetary
enforcement levels for a measure that reforms or replaces the
Patient Protection and Affordable Care Act (Public Law 111-148)
or the Health Care and Education Reconciliation Act of 2010
(Public Law 111-152), as long as the measure is deficit-neutral
for the period of fiscal years 2014 through 2023. Those public
laws are the health care bills enacted in 2010.
For purposes of this section, if a bill, joint resolution,
amendment or conference report fulfills the purpose of
reforming or replacing these health care laws and is deficit
neutral in the applicable period, then legislative text not
related to these purposes may be included as long as the entire
measure meets these two requirements.
SECTION 403. DEFICIT-NEUTRAL RESERVE FUND RELATED TO THE MEDICARE
PROVISIONS OF THE 2010 HEALTH CARE LAWS
This section permits the Chairman of the Committee on the
Budget to revise allocations of spending authority, provided to
committees of the House, and to adjust other budgetary
enforcement levels for a measure that repeals the Medicare
spending cuts in the Patient Protection and Affordable Care Act
(Public Law 111-148) or the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152), as long as the
measure is deficit-neutral for the period of fiscal years 2014
through 2023.
A measure that repeals only part of these Medicare spending
reductions is also eligible for these adjustments. A series of
bills, joint resolutions, amendments or conference reports may
receive adjustments under this section, only limited by the
cumulative amount of the Medicare spending reductions included
in the public laws referenced, as estimated by the Chairman of
the Committee on the Budget.
Once the limit is reached through enacted measures, no more
adjustments may be made under this reserve fund. The amount
necessary to repeal the Medicare spending cuts is a cap on the
adjustments that may be made under this section, but as
measures are considered in the House that meet these terms, the
amount is not reduced until such measure fulfilling this
purpose is enacted.
SECTION 404. DEFICIT-NEUTRAL RESERVE FUND FOR THE SUSTAINABLE GROWTH
RATE OF THE MEDICARE PROGRAM
This section permits the Chairman of the Committee on the
Budget to revise the allocations of spending authority provided
to applicable committees and to adjust other budgetary
enforcement levels in this resolution for a measure amending or
superseding the system for updating payments under section 1848
of the Social Security Act, as long as the measure does not
increase the deficit in the period of fiscal years 2014 through
2023.
SECTION 405. DEFICIT-NEUTRAL RESERVE FUND FOR REFORMING THE TAX CODE
This section permits the Chairman of the Committee on the
Budget to revise the allocations of spending authority provided
to the Committee on Ways and Means and to adjust other
budgetary enforcement levels in this resolution for bills,
joint resolutions, amendments or conference reports reforming
the Internal Revenue Code of 1986, as long as such a measure
does not increase the deficit in the period of fiscal years
2014 through 2023.
Since 1997, the Rules of the House of Representatives (now
Rule XIII, clause 3(h)(2)), have required the publication of a
macroeconomic impact analysis from the Joint Committee on
Taxation (JCT) of legislation amending the tax code. This
section is designed to facilitate comprehensive, fundamental
tax reform that significantly broadens the tax base and lowers
tax rates (see the Revenue chapter of this report for
additional details). Reform of this sort could have significant
economic effects. The Chairman of the Committee on the Budget
will consider the JCT macroeconomic impact analysis in
determining if the conditions in this section have been met.
SECTION 406. DEFICIT-NEUTRAL RESERVE FUND FOR TRADE AGREEMENTS
This section permits the Chairman of the Committee on the
Budget to revise the allocations of spending authority provided
to the Committee on Ways and Means and to adjust other
budgetary enforcement levels in this resolution for legislation
that implements a trade agreement, as long as such a measure
does not increase the deficit in the period of fiscal years
2014 through 2023.
SECTION 407. DEFICIT-NEUTRAL RESERVE FUND FOR REVENUE MEASURES
This section permits the Chairman of the Committee on the
Budget to revise the allocations of spending authority provided
to the Committee on Ways and Means for legislation that causes
a decrease in revenue. The Chairman of the Committee on the
Budget may adjust the allocations and aggregates of this
concurrent resolution if the measure does not increase the
deficit in the period of fiscal years 2014 through 2023. This
allows the Committee on Ways and Means to report a bill that
reduces revenue below the level provided for in the concurrent
resolution on the budget but only if it decreases outlays by an
equal or greater amount in the applicable period.
SECTION 408. DEFICIT-NEUTRAL RESERVE FUND FOR RURAL COUNTIES AND
SCHOOLS
This concurrent resolution provides for a deficit-neutral
reserve fund to accommodate the extension of the Secure Rural
Schools and Community Self Determination Act of 2000 (Public
Law 106-393) in order to provide the federal government, local
counties, and industry the time necessary to enact, implement,
and begin performing sustained yield harvests of federal timber
lands on which local counties are financially dependent. The
plan assumed by this reserve fund is based on the best
available science, provides for active forest management to
improve the health of the resource, creates strong local
family-wage job markets, and provides rural counties with
fiscal independence from federal payments owed to them because
of a lack of timber harvests on federal lands.
SECTION 409. IMPLEMENTATION OF A DEFICIT AND LONG-TERM DEBT REDUCTION
AGREEMENT
This section permits the Chairman of the Committee on the
Budget to revise the allocations, aggregates, and other
appropriate levels in this resolution to accommodate the
enactment of a deficit and long-term debt reduction agreement
if it includes permanent spending reductions and reforms to
direct spending programs.
Under the Budget Control Act of 2011 (BCA), at least $1.2
trillion in deficit reduction was to be accomplished in the
period of fiscal years 2013 through 2021 by legislation
recommended by a specially created Joint Select Committee on
Deficit Reduction. When that committee was unable to meet that
budget goal, an automatic enforcement procedure ensured that
this deficit reduction was achieved but did so in a way that
focused disproportionately on the 36 percent of the budget that
is approved annually through the appropriations process.
Under the fiscal year 2013 sequester, for example,
discretionary spending bore fully 80 percent of the spending
cuts and in fiscal year 2014 discretionary spending is
estimated to absorb 84 percent of the automatic enforcement
burden. Given the projected 78 percent growth of mandatory
spending programs by 2023, the BCA's focus on discretionary
spending is misplaced and inadequate to addressing the deficit
and debt problems facing the nation. It is contemplated that an
agreement achieving significant deficit reduction and long-term
debt reduction will reallocate the burden of the BCA automatic
enforcement procedures more equitably.
TITLE V--ESTIMATES OF DIRECT SPENDING
SECTION 501. DIRECT SPENDING
Subsection (a) notes the average and estimated average rate
of growth in means-tested direct spending for the 10-year
periods before and after fiscal year 2014 respectively. It also
proposes reforms to the means-tested category of direct
spending.
Subsection (b) notes the average and estimated average rate
of growth in nonmeans-tested direct spending for the 10-year
periods before and after fiscal year 2014 respectively. It also
proposes reforms to the nonmeans-tested category of direct
spending.
This section is required under the Separate Orders of H.
Res. 5 (113th Congress) which implements the Rules of the House
of Representatives and is a requirement for the consideration
of a concurrent resolution on the budget for the 113th
Congress. See section designated `Direct Spending Trends and
Reforms' within this report for more information on Section
501.
TITLE VI--BUDGET ENFORCEMENT
SECTION 601. LIMITATION ON ADVANCE APPROPRIATIONS
Subsection (a) sets out findings.
Subsection (b) prohibits any general or continuing
appropriation providing for advance appropriations that do not
fall into certain specified exceptions.
Subsection (c) provides the list of excepted programs that
may receive advance appropriations. Those accounts are referred
to in this report in the section designated as ``Accounts
Identified for Advance Appropriations'' within this report.
Subsection (d) specifically sets a limit on the amount of
total allowable advance appropriations for fiscal year 2015. It
allows advance appropriations of up to $55.483 billion for
fiscal year 2015 for Veterans Medical Services, Veterans
Medical Support and Compliance, and Veterans Medical Facilities
accounts of the Veterans Health Administration. Under the terms
of Section 603 of the concurrent resolution, this level of
spending may be revised upon the review of the budget submitted
by the President required under 31 U.S.C. 1105(a).
It also allows up to $28.852 billion for the programs
referred to in subsection (c).
Subsection (e) defines advance appropriation as any new
discretionary budget authority provided in a bill, joint
resolution, amendment, or conference report making general or
continuing appropriations for fiscal year 2015.
SECTION 602. CONCEPTS AND DEFINITIONS
This section permits the Chairman of the Committee on the
Budget to adjust levels and allocations in this budget
resolution upon enactment of legislation changing concepts or
definitions.
SECTION 603. ADJUSTMENTS OF AGGREGATES, ALLOCATIONS AND APPROPRIATE
BUDGETARY LEVELS
Subsection (a) sets out a procedure to facilitate the
consideration of legislation subjecting direct spending to
annual appropriations. Under current law, there are impediments
to reclassifying direct spending as discretionary spending
since once the direct spending is eliminated, effectively the
purpose is eliminated as well.
Under current practice, if the intent is to preserve the
purpose, but authorize the program and subject it to annual
appropriations, the Committee on Appropriations would have to
find additional resources within its section 302(a) allocation,
as required to be set in the report on the budget resolution by
section 301(e)(2)(F) of the Congressional Budget Act of 1974.
Under the terms of this subsection, should an authorizing
committee want to retain the purpose of a direct spending
program, but determines it should be subject to annual
appropriations, it can, at the time it eliminates the direct
spending, authorize appropriations for the program. If that
elimination of the direct spending and authorization of
appropriations is enacted, the Chairman of the Committee on the
Budget may increase the 302(a) allocation of budgetary
resources to the Committee on Appropriations by an amount up to
the authorized level of appropriations for the same purpose in
fiscal year 2014.
This rule holds the Committee on Appropriations harmless if
it appropriates money under the terms of that authorization
because the allocation under section 302(a) set in this report
is adjusted.
Subsection (b)(1) sets out findings related to the
statutory requirement that the President submit an annual
budget by the first Monday in February of each year.
Subsection (b)(2) provides authority to the Chairman of the
Committee on the Budget to adjust the allocations, aggregates,
and other appropriate budgetary levels as necessary once the
President's budget request has been submitted to Congress as is
required under section 1105(a) of Title 31 of the United States
Code.
The limitation on advance appropriations for veterans
medical care in section 601(d)(1) of this concurrent resolution
is based on information provided in the President's budget
submitted in February 2012 and is for the fiscal year that
begins in October of 2014. The Chairman of the Committee on the
Budget is authorized by this section to update this limit on
advance appropriations.
The level of funding for Overseas Contingency Operations/
Global War on Terrorism is an estimate based on indications by
the President pursuant to that purpose. This section authorizes
the Chairman of the Committee on the Budget to adjust the
relevant aggregates, allocations, and budgetary levels in this
resolution to ensure that commitment is fulfilled.
The levels included in this concurrent resolution on the
budget reflect the total level of discretionary budget
authority, prior to any authorized adjustments, provided for in
the spending limits in section 251(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (as adjusted under
section 251A of that Act). The discretionary spending limits
for fiscal year 2014 will be set in the fiscal year 2014
Sequester Preview Report, which was supposed to have been
submitted together with the President's budget on February 4,
2013.
In the absence of this preview report for the fiscal year
2014 discretionary spending category limits, this resolution
uses estimates provided by the Director of the Congressional
Budget Office.
This section authorizes the Chairman of the Committee on
the Budget to adjust the allocation to the Appropriations
Committee provided to it under section 302(a) of the
Congressional Budget Act to reflect the preview report that
will be included in the fiscal year 2014 President's budget
submission.
Subsection (b)(3) authorizes the Chairman of the Committee
on the Budget to adjust levels and allocations in this
concurrent resolution on the budget to reflect technical and
economic assumptions in the most recent baseline published by
the Congressional Budget Office.
Subsection (c) authorizes the Chairman of the Committee on
the Budget to determine the levels and adjustments provided for
in this concurrent resolution on the budget.
SECTION 604. LIMITATION ON LONG-TERM SPENDING
Subsection (a) establishes a point of order against the
consideration of measures increasing direct spending by $5
billion or more for any 10-year period within 40 years starting
in fiscal year 2024.
Subsection (b) explains that there are four consecutive
ten-year periods as referred to in subsection (a) that would be
as follows:
Fiscal years 2024 through 2033;
Fiscal years 2034 through 2043;
Fiscal years 2044 through 2053;
Fiscal years 2054 through 2063.
SECTION 605. BUDGETARY TREATMENT OF CERTAIN TRANSACTIONS
Subsection (a) provides that the administrative expenses of
the Social Security Administration and the United States Postal
Service are reflected in the allocation to the Committee on
Appropriations. This language is necessary to ensure that the
Committee on Appropriations retains control of administrative
expenses through the annual appropriations process.
Subsection (b) provides for a special rule stating the
allocation to the Committee on Appropriations of the House is
enforced under the Congressional Budget Act of 1974 using
estimates of the budgetary effects of a measure and includes
any off-budget discretionary amounts.
Subsection (c) allows the Chairman of the Committee on the
Budget to adjust the spending or revenue levels of this
concurrent resolution for legislation, if reported by the
Committee on Oversight and Government Reform, to reform the
Federal retirement system. The Chairman is permitted to make
adjustments only if a measure would not cause an increase in
the deficit in fiscal year 2014 and fiscal years 2014 through
2023.
SECTION 606. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS AND
AGGREGATES
Subsection (a) details the allocation and aggregate
adjustment procedures required to accommodate legislation
provided for in this resolution. It provides that the
adjustments apply while the legislation is under consideration
and take effect upon enactment of the legislation. In addition,
this subsection requires the adjustments to be printed in the
Congressional Record.
Subsection (b) requires, for purposes of enforcement of the
concurrent resolution, aggregate and allocation levels
resulting from adjustments made pursuant to the terms of this
resolution have the same effect as if adopted in the originally
adopted aggregates and allocations.
Subsection (c) provides an exemption for legislation for
which the Chairman of the Committee on the Budget has made
adjustments in the allocations, aggregates, and other
appropriate budgetary levels of the resolution and that
complies with this Concurrent Resolution on the Budget. By such
an exemption, such legislation is subject to neither the Cut-
As-You-Go point of order (clause 10 of rule XXI of the Rules of
the House of Representatives) nor section 604 of the concurrent
resolution on the budget (the long-term spending point of
order).
In addition, this subsection (c)(2) provides that section
314(f) of the Congressional Budget Act of 1974 does not apply
to any bill, joint resolution, amendment, or conference report
that provides new budget authority for a fiscal year that does
not cause the allocation of new budget authority made pursuant
to section 302(a) of that Act for that fiscal year to be
exceeded or the sum of the limits on the security and non-
security category in the Balanced Budget and Emergency Deficit
Control Act as reduced pursuant to section 251A of that Act.
Section 314(f) prohibits the consideration of measures that
would cause either of the two statutory spending category
limits, security or nonsecurity, to be breached for a fiscal
year. The 302(a) allocation for the House Appropriations
Committee, provided by the concurrent resolution under the
requirements of the Budget Act, is the sum of these two
categories. Though the section refers to the sum of the
categories, the effect of paragraph (2) of subsection (c), the
operative component is the test as to whether the
Appropriations Committee is within its 302(a) allocation--if
so, the 314(f) point of order will not apply even if one of the
category limits, either security or nonsecurity, is exceeded by
that measure.
SECTION 607. CONGRESSIONAL BUDGET OFFICE ESTIMATES
Subsection (a) sets out findings.
Subsection (b) provides specific authority for the Chairman
or Ranking Member of the Committee on the Budget to request a
supplemental estimate for any program affecting or establishing
Federal loans or loan guarantees. Under current law, such a
measure would be scored on a ``net present value'' basis under
the terms of the Federal Credit Reform Act found in Title V of
the Congressional Budget Act of 1974. The supplemental estimate
would be scored using a ``fair value'' basis that generally
incorporates a more realistic market risk factor.
Subsection (c) requires that, whenever the Congressional
Budget Office prepares an estimate of the cost of legislation
with a cost related to a housing or residential mortgage
program under the Federal Credit Reform Act of 1990, the
Director must also provide an estimate of the ``fair value'' of
the assets and liabilities affected.
Subsection (d) allows the Chairman of the Committee on the
Budget to use the supplemental estimates to determine
compliance with the Congressional Budget Act of 1974 and other
budgetary enforcement controls.
SECTION 608. TRANSFERS FROM THE GENERAL FUND OF THE TREASURY TO THE
HIGHWAY TRUST FUND THAT INCREASE PUBLIC
INDEBTEDNESS
This section provides that for purposes of budget
enforcement, transfers of funds from the general fund of the
Treasury to the Highway Trust Fund are to be counted as new
budget authority and outlays equal to the amount of the
transfer in the fiscal year the transfer occurs.
SECTION 609. SEPARATE ALLOCATION FOR OVERSEAS CONTINGENCY OPERATIONS/
GLOBAL WAR ON TERRORISM
Subsection (a) provides for a separate section 302(a)
allocation under the Congressional Budget Act of 1974, and is
set out in this report in allocation tables, to the Committee
on Appropriations for overseas contingency operations and the
global war on terrorism (OCO/GWOT). For purposes of enforcing
the point of order set out in section 302(f) of the
Congressional Budget Act of 1974, the ``first fiscal year'' and
the ``total of fiscal years'' refer to fiscal year 2014 only.
This separate allocation is the exclusive allocation for OCO/
GWOT under section 302(a).
It states that any provision designated as such under
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 which raises the statutory spending
limits by the amount designated will be counted toward the
separate OCO/GWOT allocation and not to the general section
302(a) allocation.
Subsection (b) provides that the procedure of adjusting the
general 302(a) allocation under section 314 of the Budget Act
for this purpose does not apply, as it is unnecessary with the
special allocation.
SECTION 610. EXERCISE OF RULEMAKING POWERS
This section provides for the general application of the
text of this concurrent resolution on the budget.
TITLE VII--POLICY STATEMENTS
SECTION 701. POLICY STATEMENT ON ECONOMIC GROWTH AND JOB CREATION
Subsection (a) sets out findings.
Subsection (b) states the policy on promoting economic
growth and job creation assumed by this concurrent resolution
on the budget.
SECTION 702. POLICY STATEMENT ON TAX REFORM
Subsection (a) sets out findings.
Subsection (b) states the policy on tax reform assumed by
this concurrent resolution on the budget.
SECTION 703. POLICY STATEMENT ON MEDICARE
Subsection (a) sets out findings.
Subsection (b) states that the policy of this concurrent
resolution on the budget is to protect those in or near
retirement from any disruptions to their Medicare benefits and
offer future beneficiaries the same health care options
available to Members of Congress.
Subsection (c) sets out the assumptions of this concurrent
resolution on the budget for the parameters of future Medicare
reforms.
SECTION 704. POLICY STATEMENT ON SOCIAL SECURITY
Subsection (a) sets out findings.
Subsection (b) states the policy on Social Security assumed
by this concurrent resolution on the budget.
SECTION 705. POLICY STATEMENT ON HIGHER EDUCATION AFFORDABILITY
Subsection (a) sets out findings.
Subsection (b) states the policy on higher education
affordability assumed by this concurrent resolution on the
budget.
SECTION 706. POLICY STATEMENT ON DEFICIT REDUCTION THROUGH THE
CANCELLATION OF UNOBLIGATED BALANCES
Subsection (a) sets out findings.
Subsection (b) directs congressional committees through
their oversight activities to 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.
Subsection (c) provides that 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.
While there is year-to-year variability, unobligated
balances have generally been trending upwards over the past ten
years, from $253 billion at the end of fiscal year 2000 to $725
billion at the end of fiscal year 2011. According to the Office
of Management and Budget, federal agencies will have an
estimated $698 billion in unobligated balances at the close of
fiscal year 2014, though agencies tend to overestimate their
rate of obligations. Legislation introduced by Dr. Tom Price of
Georgia (H.R.828) would rescind $45 billion in unobligated
discretionary funds within 60 days of enactment. CBO has
informally estimated that such a measure could reduce spending
by approximately $22 billion.
The large sums of unobligated balances indicate that there
are major opportunities for savings to reduce the deficit.
Additional investigation is necessary to determine what portion
of these anticipated unobligated balances can be cancelled or
rescinded for deficit reduction without abrogating the Federal
Government's contractual obligations or reducing or disrupting
federal commitments under high priority programs and Treasury's
authority to finance the national debt.
A reasonable goal would be to reduce unobligated balances
by 10 percent, excluding Departments of Defense, Treasury,
Veterans Affairs, and the Social Security Administration, to
achieve savings for deficit reduction.
SECTION 707. POLICY STATEMENT ON RESPONSIBLE STEWARDSHIP OF TAXPAYER
DOLLARS
Subsection (a) sets out findings.
Subsection (b) states that the policy of this concurrent
resolution on the budget is to identify any savings that can be
achieved through greater productivity and efficiency gains in
the operation and maintenance of House services and resources.
SECTION 708. POLICY STATEMENT ON DEFICIT REDUCTION THROUGH THE
REDUCTION OF UNNECESSARY AND WASTEFUL SPENDING
Subsection (a) sets out findings.
Subsection (b) states that each Congressional Committee
shall as part of its annual Views and Estimates letter to the
Committee on the Budget submit recommendations for reductions
in spending that result from that committee's oversight
activities.
SECTION 709. POLICY STATEMENT ON UNAUTHORIZED SPENDING
This section states that the committees of jurisdiction
should review all unauthorized programs funded through annual
appropriations to determine if the programs are operating
efficiently and effectively and reauthorize only those programs
that in the committees' judgment should continue to receive
funding.
TITLE VIII--SENSE OF THE HOUSE PROVISIONS
SECTION 801. SENSE OF THE HOUSE ON THE IMPORTANCE OF CHILD SUPPORT
ENFORCEMENT
This section expresses the sense of the House that
additional legislative action is needed to ensure that States
have the necessary resources to collect all child support that
is owed to families and to allow them to pass 100 percent of
support on to families without financial penalty.
It also expresses the sense that when 100 percent of child
support payments are passed to the child, rather than spent on
administrative expenses, program integrity is improved and
child support participation increases.
S. CON. RES. 8
------
CONCURRENT RESOLUTION
Resolved by the Senate (the House of Representatives
concurring),
SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2014.
(a) Declaration.--Congress declares that this resolution is
the concurrent resolution on the budget for fiscal year 2014
and that this resolution sets forth the appropriate budgetary
levels for fiscal years 2013 and 2015 through 2023.
(b) Table of Contents.--The table of contents for this
concurrent resolution is as follows:
Sec. 1. Concurrent resolution on the budget for fiscal year 2014.
TITLE I--RECOMMENDED LEVELS AND AMOUNTS
Sec. 101. Recommended levels and amounts.
Sec. 102. Social Security.
Sec. 103. Postal Service discretionary administrative expenses.
Sec. 104. Major functional categories.
TITLE II--RECONCILIATION
Sec. 201. Reconciliation in the Senate.
TITLE III--RESERVE FUNDS
Sec. 301. Deficit-neutral reserve fund to replace sequestration.
Sec. 302. Deficit-neutral reserve funds to promote employment and job
growth.
Sec. 303. Deficit-neutral reserve funds to assist working families and
children.
Sec. 304. Deficit-neutral reserve funds for early childhood education.
Sec. 305. Deficit-neutral reserve fund for tax relief.
Sec. 306. Reserve fund for tax reform.
Sec. 307. Deficit-neutral reserve fund to invest in clean energy and
preserve the environment.
Sec. 308. Deficit-neutral reserve fund for investments in America's
infrastructure.
Sec. 309. Deficit-neutral reserve fund for America's servicemembers and
veterans.
Sec. 310. Deficit-neutral reserve fund for higher education.
Sec. 311. Deficit-neutral reserve funds for health care.
Sec. 312. Deficit-neutral reserve fund for investments in our Nation's
counties and schools.
Sec. 313. Deficit-neutral reserve fund for a farm bill.
Sec. 314. Deficit-neutral reserve fund for investments in water
infrastructure and resources.
Sec. 315. Deficit-neutral reserve fund for pension reform.
Sec. 316. Deficit-neutral reserve fund for housing finance reform.
Sec. 317. Deficit-neutral reserve fund for national security.
Sec. 318. Deficit-neutral reserve fund for overseas contingency
operations.
Sec. 319. Deficit-neutral reserve fund for terrorism risk insurance.
Sec. 320. Deficit-neutral reserve fund for postal reform.
Sec. 321. Deficit-reduction reserve fund for Government reform and
efficiency.
Sec. 322. Deficit-neutral reserve fund to improve Federal benefit
processing.
Sec. 323. Deficit-neutral reserve fund for legislation to improve voter
registration and the voting experience in Federal elections.
Sec. 324. Deficit-reduction reserve fund to promote corporate tax
fairness.
Sec. 325. Deficit-neutral reserve fund for improving Federal forest
management.
Sec. 326. Deficit-neutral reserve fund for financial transparency.
Sec. 327. Deficit-neutral reserve fund to promote manufacturing in the
United States.
Sec. 328. Deficit-reduction reserve fund for report elimination or
modification.
Sec. 329. Deficit-neutral reserve fund for the minimum wage.
Sec. 330. Deficit-neutral reserve fund to improve health outcomes and
lower costs for children in Medicaid.
Sec. 331. Deficit-neutral reserve fund to improve Federal workforce
development, job training, and reemployment programs.
Sec. 332. Deficit-neutral reserve fund for repeal of medical device tax.
Sec. 333. Deficit-neutral reserve fund prohibiting Medicare vouchers.
Sec. 334. Deficit-neutral reserve fund for equal pay for equal work.
Sec. 335. Deficit-neutral reserve fund relating to women's health care.
Sec. 336. Deficit-neutral reserve fund to require State-wide budget
neutrality in the calculation of the Medicare hospital wage
index floor.
Sec. 337. Deficit-neutral reserve fund for the promotion of investment
and job growth in United States manufacturing, oil and gas
production, and refining sectors.
Sec. 338. Deficit-neutral reserve fund to allow States to enforce State
and local use tax laws.
Sec. 339. Deficit-neutral reserve fund relating to the definition of
full-time employee.
Sec. 340. Deficit-neutral reserve fund relating to the labeling of
genetically engineered fish.
Sec. 341. Deficit-neutral reserve fund for the families of America's
servicemembers and veterans.
Sec. 342. Deficit-neutral reserve fund relating to establishing a
biennial budget and appropriations process.
Sec. 343. Deficit-neutral reserve fund relating to the repeal or
reduction of the estate tax.
Sec. 344. Deficit-neutral reserve fund for disabled veterans and their
survivors.
Sec. 345. Deficit reduction fund for no budget, no OMB pay.
Sec. 346. Deficit-neutral reserve fund relating hardrock mining reform.
Sec. 347. Deficit-neutral reserve fund to end ``too big to fail''
subsidies or funding advantage for wall street mega-banks
(over $500,000,000,000 in total assets).
Sec. 348. Deficit-neutral reserve fund relating to authorizing children
eligible for health care under laws administered by Secretary
of Veterans Affairs to retain such eligibility until age 26.
Sec. 349. Deficit-neutral reserve fund for State and local law
enforcement.
Sec. 350. Deficit-neutral reserve fund to establish a national network
for manufacturing innovation.
Sec. 351. Deficit-neutral reserve fund relating to ensure that any
carbon emissions standards must be cost effective, based on
the best available science, and benefit low-income and middle
class families.
Sec. 352. Deficit-neutral reserve fund to address the eligibility
criteria for certain unlawful immigrant individuals with
respect to certain health insurance plans.
Sec. 353. Deficit-neutral reserve fund to ensure no financial
institution is above the law regardless of size.
Sec. 354. Deficit-neutral reserve fund relating to helping homeowners
and small businesses mitigate against flood loss.
Sec. 355. Deficit-neutral reserve fund to restore family health care
flexibility by repealing the health savings account and
flexible spending account restrictions in the health care law.
Sec. 356. Deficit-neutral reserve fund for BARDA and the BioShield
Special Reserve Fund.
Sec. 357. Deficit-reduction reserve fund for postal reform.
Sec. 358. Deficit-neutral reserve fund to broaden the effects of the
sequester, including allowing Members of Congress to donate a
portion of their salaries to charity or to the Department of
the Treasury during sequestration.
Sec. 359. Deficit-neutral reserve fund to ensure the Bureau of Land
Management collaborates with western states to prevent the
listing of the sage-grouse.
Sec. 360. Deficit-Reduction Reserve Fund for Eminent Domain Abuse
Prevention.
Sec. 361. Deficit-neutral reserve fund for export promotion.
Sec. 362. Deficit-neutral reserve fund for the prohibition on funding of
the Medium Extended Air Defense System.
Sec. 363. Deficit-neutral reserve fund to increase the capacity of
agencies to ensure effective contract management and contract
oversight.
Sec. 364. Deficit-neutral reserve fund for investments in air traffic
control services.
Sec. 365. Deficit-neutral reserve fund to address prescription drug
abuse in the United States.
Sec. 366. Deficit-neutral reserve fund to support rural schools and
districts.
Sec. 367. Deficit-neutral reserve fund to strengthen enforcement of free
trade agreement provisions relating to textile and apparel
articles.
Sec. 368. Deficit-neutral reserve fund to assist low-income seniors.
Sec. 369. Reserve fund to end offshore tax abuses by large corporations.
Sec. 370. Deficit-neutral reserve fund to ensure that domestic energy
sources can meet emissions rules.
Sec. 371. Deficit-neutral reserve fund relating to increasing funding
for the inland waterways system.
Sec. 372. Deficit-neutral reserve fund for achieving full auditability
of the financial statements of the Department of Defense by
2017.
Sec. 373. Deficit-neutral reserve fund relating to sanctions with
respect to Iran.
Sec. 374. Deficit-neutral reserve fund to prevent restrictions to public
access to fishing downstream of dams owned by the Corps of
Engineers.
Sec. 375. Deficit-neutral reserve fund to address the disproportionate
regulatory burdens on community banks.
Sec. 376. Deficit-neutral reserve fund to authorize provision of per
diem payments for provision of services to dependents of
homeless veterans under laws administered by Secretary of
Veterans Affairs.
Sec. 377. Deficit-neutral reserve fund to support programs related to
the nuclear missions of the Department of Defense and the
National Nuclear Security Administration.
Sec. 378. Deficit-neutral reserve fund to phase-in any changes to
individual or corporate tax systems.
Sec. 379. Deficit-neutral reserve fund relating to increases in aid for
tribal education programs.
Sec. 380. Deficit-neutral reserve fund to expedite exports from the
United States.
Sec. 381. Deficit-neutral reserve fund relating to supporting the
reauthorization of the payments in lieu of taxes program at
levels roughly equivalent to property tax revenues lost due to
the presence of Federal land.
Sec. 382. Deficit-neutral reserve fund to ensure that the United States
will not negotiate or support treaties that violate Americans'
Second Amendment rights under the Constitution of the United
States.
Sec. 383. Deficit-neutral reserve fund to increase funding for Federal
investments in biomedical research.
Sec. 384. Deficit-neutral reserve fund to uphold Second Amendment rights
and prevent the United States from entering into the United
Nations Arms Trade Treaty.
TITLE IV--BUDGET PROCESS
Subtitle A--Budget Enforcement
Sec. 401. Discretionary spending limits for fiscal years 2013 and 2014,
program integrity initiatives, and other adjustments.
Sec. 402. Point of order against advance appropriations.
Sec. 403. Adjustments for sequestration or sequestration replacement.
Sec. 404. Senate point of order against provisions of appropriations
legislation that constitute changes in mandatory programs
affecting the Crime Victims Fund.
Sec. 405. Supermajority enforcement.
Sec. 406. Prohibiting the use of guarantee fees as an offset.
Subtitle B--Other Provisions
Sec. 411. Oversight of Government performance.
Sec. 412. Budgetary treatment of certain discretionary administrative
expenses.
Sec. 413. Application and effect of changes in allocations and
aggregates.
Sec. 414. Adjustments to reflect changes in concepts and definitions.
Sec. 415. Exercise of rulemaking powers.
Sec. 416. Congressional budget office estimates.
TITLE V--OTHER MATTERS
Sec. 501. To require transparent reporting on the ongoing costs to
taxpayers of Obamacare.
Sec. 502. To require fuller reporting on possible costs to taxpayers of
Obamacare.
Sec. 503. To require fuller reporting on possible costs to taxpayers of
any budget submitted by the President.
Sec. 504. Sense of Senate on underutilized facilities of the National
Aeronautics and Space Administration and their potential use.
TITLE I--RECOMMENDED LEVELS AND AMOUNTS
SEC. 101. RECOMMENDED LEVELS AND AMOUNTS.
The following budgetary levels are appropriate for each of
fiscal years 2013 through 2023:
(1) Federal revenues.--For purposes of the
enforcement of this resolution:
(A) The recommended levels of Federal
revenues are as follows:
Fiscal year 2013: $2,038,311,000,000.
Fiscal year 2014: $2,290,932,000,000.
Fiscal year 2015: $2,646,592,000,000.
Fiscal year 2016: $2,833,891,000,000.
Fiscal year 2017: $2,973,673,000,000.
Fiscal year 2018: $3,111,061,000,000.
Fiscal year 2019: $3,245,117,000,000.
Fiscal year 2020: $3,400,144,000,000.
Fiscal year 2021: $3,592,212,000,000.
Fiscal year 2022: $3,800,500,000,000.
Fiscal year 2023: $3,991,775,000,000.
(B) The amounts by which the aggregate
levels of Federal revenues should be changed
are as follows:
Fiscal year 2013: $0,000,000.
Fiscal year 2014: $20,000,000,000.
Fiscal year 2015: $40,000,000,000.
Fiscal year 2016: $55,000,000,000.
Fiscal year 2017: $70,000,000,000.
Fiscal year 2018: $82,110,000,000.
Fiscal year 2019: $95,881,000,000.
Fiscal year 2020: $115,534,000,000.
Fiscal year 2021: $135,203,000,000.
Fiscal year 2022: $149,801,000,000.
Fiscal year 2023: $159,630,000,000.
(2) New budget authority.--For purposes of the
enforcement of this resolution, the appropriate levels
of total new budget authority are as follows:
Fiscal year 2013: $3,054,195,000,000.
Fiscal year 2014: $2,963,749,000,000.
Fiscal year 2015: $3,046,506,000,000.
Fiscal year 2016: $3,211,506,000,000.
Fiscal year 2017: $3,386,445,000,000.
Fiscal year 2018: $3,568,528,000,000.
Fiscal year 2019: $3,779,446,000,000.
Fiscal year 2020: $3,973,331,000,000.
Fiscal year 2021: $4,136,110,000,000.
Fiscal year 2022: $4,350,282,000,000.
Fiscal year 2023: $4,492,138,000,000.
(3) Budget outlays.--For purposes of the
enforcement of this resolution, the appropriate levels
of total budget outlays are as follows:
Fiscal year 2013: $2,956,295,000,000.
Fiscal year 2014: $2,997,884,000,000.
Fiscal year 2015: $3,082,375,000,000.
Fiscal year 2016: $3,240,376,000,000.
Fiscal year 2017: $3,382,809,000,000.
Fiscal year 2018: $3,542,197,000,000.
Fiscal year 2019: $3,749,797,000,000.
Fiscal year 2020: $3,926,818,000,000.
Fiscal year 2021: $4,103,496,000,000.
Fiscal year 2022: $4,323,224,000,000.
Fiscal year 2023: $4,451,446,000,000.
(4) Deficits.--For purposes of the enforcement of
this resolution, the amounts of the deficits are as
follows:
Fiscal year 2013: $917,984,000,000.
Fiscal year 2014: $706,952,000,000.
Fiscal year 2015: $435,783,000,000.
Fiscal year 2016: $406,486,000,000.
Fiscal year 2017: $409,137,000,000.
Fiscal year 2018: $431,136,000,000.
Fiscal year 2019: $504,680,000,000.
Fiscal year 2020: $526,674,000,000.
Fiscal year 2021: $511,283,000,000.
Fiscal year 2022: $522,724,000,000.
Fiscal year 2023: $459,672,000,000.
(5) Public debt.--Pursuant to section 301(a)(5) of
the Congressional Budget Act of 1974, the appropriate
levels of the public debt are as follows:
Fiscal year 2013: $17,113,638,000,000.
Fiscal year 2014: $18,008,333,000,000.
Fiscal year 2015: $18,626,857,000,000.
Fiscal year 2016: $19,222,298,000,000.
Fiscal year 2017: $19,871,057,000,000.
Fiscal year 2018: $20,558,744,000,000.
Fiscal year 2019: $21,312,959,000,000.
Fiscal year 2020: $22,094,877,000,000.
Fiscal year 2021: $22,863,179,000,000.
Fiscal year 2022: $23,634,787,000,000.
Fiscal year 2023: $24,364,925,000,000.
(6) Debt held by the public.--The appropriate
levels of debt held by the public are as follows:
Fiscal year 2013: $12,274,763,000,000.
Fiscal year 2014: $13,059,985,000,000.
Fiscal year 2015: $13,588,003,000,000.
Fiscal year 2016: $14,081,252,000,000.
Fiscal year 2017: $14,574,683,000,000.
Fiscal year 2018: $15,081,187,000,000.
Fiscal year 2019: $15,669,625,000,000.
Fiscal year 2020: $16,297,499,000,000.
Fiscal year 2021: $16,929,319,000,000.
Fiscal year 2022: $17,600,005,000,000.
Fiscal year 2023: $18,229,414,000,000.
SEC. 102. SOCIAL SECURITY.
(a) Social Security Revenues.--For purposes of Senate
enforcement under sections 302 and 311 of the Congressional
Budget Act of 1974, the amounts of revenues of the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund are as follows:
Fiscal year 2013: $669,920,000,000.
Fiscal year 2014: $731,717,000,000.
Fiscal year 2015: $766,392,000,000.
Fiscal year 2016: $812,200,000,000.
Fiscal year 2017: $861,554,000,000.
Fiscal year 2018: $908,130,000,000.
Fiscal year 2019: $951,691,000,000.
Fiscal year 2020: $994,855,000,000.
Fiscal year 2021: $1,038,909,000,000.
Fiscal year 2022: $1,083,586,000,000.
Fiscal year 2023: $1,129,163,000,000.
(b) Social Security Outlays.--For purposes of Senate
enforcement under sections 302 and 311 of the Congressional
Budget Act of 1974, the amounts of outlays of the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund are as follows:
Fiscal year 2013: $634,822,000,000.
Fiscal year 2014: $711,355,000,000.
Fiscal year 2015: $756,949,000,000.
Fiscal year 2016: $805,969,000,000.
Fiscal year 2017: $856,933,000,000.
Fiscal year 2018: $907,679,000,000.
Fiscal year 2019: $962,040,000,000.
Fiscal year 2020: $1,022,374,000,000.
Fiscal year 2021: $1,086,431,000,000.
Fiscal year 2022: $1,154,554,000,000.
Fiscal year 2023: $1,227,009,000,000.
(c) Social Security Administrative Expenses.--In the
Senate, the amounts of new budget authority and budget outlays
of the Federal Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund for administrative
expenses are as follows:
Fiscal year 2013:
(A) New budget authority, $5,643,000,000.
(B) Outlays, $5,658,000,000.
Fiscal year 2014:
(A) New budget authority, $5,782,000,000.
(B) Outlays, $5,801,000,000.
Fiscal year 2015:
(A) New budget authority, $5,966,000,000.
(B) Outlays, $5,941,000,000.
Fiscal year 2016:
(A) New budget authority, $6,174,000,000.
(B) Outlays, $6,144,000,000.
Fiscal year 2017:
(A) New budget authority, $6,390,000,000.
(B) Outlays, $6,358,000,000.
Fiscal year 2018:
(A) New budget authority, $6,617,000,000.
(B) Outlays, $6,584,000,000.
Fiscal year 2019:
(A) New budget authority, $6,844,000,000.
(B) Outlays, $6,810,000,000.
Fiscal year 2020:
(A) New budget authority, $7,070,000,000.
(B) Outlays, $7,036,000,000.
Fiscal year 2021:
(A) New budget authority, $7,301,000,000.
(B) Outlays, $7,266,000,000.
Fiscal year 2022:
(A) New budget authority, $7,541,000,000.
(B) Outlays, $7,505,000,000.
Fiscal year 2023:
(A) New budget authority, $7,789,000,000.
(B) Outlays, $7,751,000,000.
SEC. 103. POSTAL SERVICE DISCRETIONARY ADMINISTRATIVE EXPENSES.
In the Senate, the amounts of new budget authority and
budget outlays of the Postal Service for discretionary
administrative expenses are as follows:
Fiscal year 2013:
(A) New budget authority, $255,000,000.
(B) Outlays, $255,000,000.
Fiscal year 2014:
(A) New budget authority, $262,000,000.
(B) Outlays, $262,000,000.
Fiscal year 2015:
(A) New budget authority, $272,000,000.
(B) Outlays, $272,000,000.
Fiscal year 2016:
(A) New budget authority, $284,000,000.
(B) Outlays, $283,000,000.
Fiscal year 2017:
(A) New budget authority, $295,000,000.
(B) Outlays, $294,000,000.
Fiscal year 2018:
(A) New budget authority, $308,000,000.
(B) Outlays, $307,000,000.
Fiscal year 2019:
(A) New budget authority, $319,000,000.
(B) Outlays, $318,000,000.
Fiscal year 2020:
(A) New budget authority, $332,000,000.
(B) Outlays, $331,000,000.
Fiscal year 2021:
(A) New budget authority, $345,000,000.
(B) Outlays, $344,000,000.
Fiscal year 2022:
(A) New budget authority, $357,000,000.
(B) Outlays, $356,000,000.
Fiscal year 2023:
(A) New budget authority, $371,000,000.
(B) Outlays, $370,000,000.
SEC. 104. MAJOR FUNCTIONAL CATEGORIES.
Congress determines and declares that the appropriate
levels of new budget authority and outlays for fiscal years
2013 through 2023 for each major functional category are:
(1) National Defense (050):
Fiscal year 2013:
(A) New budget authority, $648,215,000,000.
(B) Outlays, $658,250,000,000.
Fiscal year 2014:
(A) New budget authority, $560,243,000,000.
(B) Outlays, $599,643,000,000.
Fiscal year 2015:
(A) New budget authority, $567,553,000,000.
(B) Outlays, $575,701,000,000.
Fiscal year 2016:
(A) New budget authority, $575,019,000,000.
(B) Outlays, $575,203,000,000.
Fiscal year 2017:
(A) New budget authority, $582,648,000,000.
(B) Outlays, $573,557,000,000.
Fiscal year 2018:
(A) New budget authority, $590,411,000,000.
(B) Outlays, $574,884,000,000.
Fiscal year 2019:
(A) New budget authority, $598,867,000,000.
(B) Outlays, $587,226,000,000.
Fiscal year 2020:
(A) New budget authority, $607,454,000,000.
(B) Outlays, $595,192,000,000.
Fiscal year 2021:
(A) New budget authority, $616,137,000,000.
(B) Outlays, $603,369,000,000.
Fiscal year 2022:
(A) New budget authority, $625,569,000,000.
(B) Outlays, $617,186,000,000.
Fiscal year 2023:
(A) New budget authority, $636,480,000,000.
(B) Outlays, $621,603,000,000.
(2) International Affairs (150):
Fiscal year 2013:
(A) New budget authority, $58,425,000,000.
(B) Outlays, $48,716,000,000.
Fiscal year 2014:
(A) New budget authority, $47,883,000,000.
(B) Outlays, $47,508,000,000.
Fiscal year 2015:
(A) New budget authority, $46,367,000,000.
(B) Outlays, $46,830,000,000.
Fiscal year 2016:
(A) New budget authority, $47,521,000,000.
(B) Outlays, $46,580,000,000.
Fiscal year 2017:
(A) New budget authority, $48,666,000,000.
(B) Outlays, $46,792,000,000.
Fiscal year 2018:
(A) New budget authority, $49,831,000,000.
(B) Outlays, $47,157,000,000.
Fiscal year 2019:
(A) New budget authority, $51,004,000,000.
(B) Outlays, $47,707,000,000.
Fiscal year 2020:
(A) New budget authority, $52,194,000,000.
(B) Outlays, $48,729,000,000.
Fiscal year 2021:
(A) New budget authority, $52,898,000,000.
(B) Outlays, $49,801,000,000.
Fiscal year 2022:
(A) New budget authority, $54,417,000,000.
(B) Outlays, $51,209,000,000.
Fiscal year 2023:
(A) New budget authority, $55,664,000,000.
(B) Outlays, $52,212,000,000.
(3) General Science, Space, and Technology (250):
Fiscal year 2013:
(A) New budget authority, $29,154,000,000.
(B) Outlays, $28,949,000,000.
Fiscal year 2014:
(A) New budget authority, $29,700,000,000.
(B) Outlays, $29,426,000,000.
Fiscal year 2015:
(A) New budget authority, $30,301,000,000.
(B) Outlays, $30,022,000,000.
Fiscal year 2016:
(A) New budget authority, $31,019,000,000.
(B) Outlays, $30,553,000,000.
Fiscal year 2017:
(A) New budget authority, $31,749,000,000.
(B) Outlays, $31,229,000,000.
Fiscal year 2018:
(A) New budget authority, $32,508,000,000.
(B) Outlays, $31,962,000,000.
Fiscal year 2019:
(A) New budget authority, $33,264,000,000.
(B) Outlays, $32,655,000,000.
Fiscal year 2020:
(A) New budget authority, $34,030,000,000.
(B) Outlays, $33,408,000,000.
Fiscal year 2021:
(A) New budget authority, $34,795,000,000.
(B) Outlays, $34,073,000,000.
Fiscal year 2022:
(A) New budget authority, $35,590,000,000.
(B) Outlays, $34,851,000,000.
Fiscal year 2023:
(A) New budget authority, $36,396,000,000.
(B) Outlays, $35,643,000,000.
(4) Energy (270):
Fiscal year 2013:
(A) New budget authority, $6,243,000,000.
(B) Outlays, $9,122,000,000.
Fiscal year 2014:
(A) New budget authority, $4,465,000,000.
(B) Outlays, $5,270,000,000.
Fiscal year 2015:
(A) New budget authority, $4,061,000,000.
(B) Outlays, $4,078,000,000.
Fiscal year 2016:
(A) New budget authority, $4,185,000,000.
(B) Outlays, $3,563,000,000.
Fiscal year 2017:
(A) New budget authority, $4,309,000,000.
(B) Outlays, $3,822,000,000.
Fiscal year 2018:
(A) New budget authority, $4,489,000,000.
(B) Outlays, $4,105,000,000.
Fiscal year 2019:
(A) New budget authority, $4,622,000,000.
(B) Outlays, $4,316,000,000.
Fiscal year 2020:
(A) New budget authority, $4,803,000,000.
(B) Outlays, $4,538,000,000.
Fiscal year 2021:
(A) New budget authority, $4,875,000,000.
(B) Outlays, $4,696,000,000.
Fiscal year 2022:
(A) New budget authority, $5,000,000,000.
(B) Outlays, $4,862,000,000.
Fiscal year 2023:
(A) New budget authority, $5,072,000,000.
(B) Outlays, $4,913,000,000.
(5) Natural Resources and Environment (300):
Fiscal year 2013:
(A) New budget authority, $44,150,000,000.
(B) Outlays, $41,682,000,000.
Fiscal year 2014:
(A) New budget authority, $43,019,000,000.
(B) Outlays, $43,121,000,000.
Fiscal year 2015:
(A) New budget authority, $42,872,000,000.
(B) Outlays, $43,165,000,000.
Fiscal year 2016:
(A) New budget authority, $44,055,000,000.
(B) Outlays, $44,394,000,000.
Fiscal year 2017:
(A) New budget authority, $45,500,000,000.
(B) Outlays, $45,681,000,000.
Fiscal year 2018:
(A) New budget authority, $47,245,000,000.
(B) Outlays, $47,014,000,000.
Fiscal year 2019:
(A) New budget authority, $48,036,000,000.
(B) Outlays, $48,112,000,000.
Fiscal year 2020:
(A) New budget authority, $49,596,000,000.
(B) Outlays, $49,435,000,000.
Fiscal year 2021:
(A) New budget authority, $50,174,000,000.
(B) Outlays, $50,074,000,000.
Fiscal year 2022:
(A) New budget authority, $51,331,000,000.
(B) Outlays, $50,862,000,000.
Fiscal year 2023:
(A) New budget authority, $52,759,000,000.
(B) Outlays, $51,703,000,000.
(6) Agriculture (350):
Fiscal year 2013:
(A) New budget authority, $22,373,000,000.
(B) Outlays, $28,777,000,000.
Fiscal year 2014:
(A) New budget authority, $22,550,000,000.
(B) Outlays, $21,136,000,000.
Fiscal year 2015:
(A) New budget authority, $20,180,000,000.
(B) Outlays, $19,909,000,000.
Fiscal year 2016:
(A) New budget authority, $19,717,000,000.
(B) Outlays, $19,283,000,000.
Fiscal year 2017:
(A) New budget authority, $19,780,000,000.
(B) Outlays, $19,289,000,000.
Fiscal year 2018:
(A) New budget authority, $19,613,000,000.
(B) Outlays, $19,087,000,000.
Fiscal year 2019:
(A) New budget authority, $19,908,000,000.
(B) Outlays, $19,301,000,000.
Fiscal year 2020:
(A) New budget authority, $20,379,000,000.
(B) Outlays, $19,878,000,000.
Fiscal year 2021:
(A) New budget authority, $20,588,000,000.
(B) Outlays, $20,116,000,000.
Fiscal year 2022:
(A) New budget authority, $21,105,000,000.
(B) Outlays, $20,626,000,000.
Fiscal year 2023:
(A) New budget authority, $21,421,000,000.
(B) Outlays, $20,959,000,000.
(7) Commerce and Housing Credit (370):
Fiscal year 2013:
(A) New budget authority, $-30,498,000,000.
(B) Outlays, $-24,504,000,000.
Fiscal year 2014:
(A) New budget authority, $16,201,000,000.
(B) Outlays, $4,408,000,000.
Fiscal year 2015:
(A) New budget authority, $10,733,000,000.
(B) Outlays, $-2,394,000,000.
Fiscal year 2016:
(A) New budget authority, $11,112,000,000.
(B) Outlays, $-4,110,000,000.
Fiscal year 2017:
(A) New budget authority, $11,827,000,000.
(B) Outlays, $-5,624,000,000.
Fiscal year 2018:
(A) New budget authority, $14,224,000,000.
(B) Outlays, $-3,938,000,000.
Fiscal year 2019:
(A) New budget authority, $16,885,000,000.
(B) Outlays, $-6,483,000,000.
Fiscal year 2020:
(A) New budget authority, $16,984,000,000.
(B) Outlays, $-6,238,000,000.
Fiscal year 2021:
(A) New budget authority, $17,099,000,000.
(B) Outlays, $-981,000,000.
Fiscal year 2022:
(A) New budget authority, $17,226,000,000.
(B) Outlays, $-2,004,000,000.
Fiscal year 2023:
(A) New budget authority, $17,334,000,000.
(B) Outlays, $-3,032,000,000.
(8) Transportation (400):
Fiscal year 2013:
(A) New budget authority, $100,501,000,000.
(B) Outlays, $93,656,000,000.
Fiscal year 2014:
(A) New budget authority, $88,556,000,000.
(B) Outlays, $94,621,000,000.
Fiscal year 2015:
(A) New budget authority, $88,419,000,000.
(B) Outlays, $95,092,000,000.
Fiscal year 2016:
(A) New budget authority, $89,319,000,000.
(B) Outlays, $95,855,000,000.
Fiscal year 2017:
(A) New budget authority, $90,186,000,000.
(B) Outlays, $96,577,000,000.
Fiscal year 2018:
(A) New budget authority, $91,115,000,000.
(B) Outlays, $96,478,000,000.
Fiscal year 2019:
(A) New budget authority, $91,977,000,000.
(B) Outlays, $97,757,000,000.
Fiscal year 2020:
(A) New budget authority, $93,143,000,000.
(B) Outlays, $99,308,000,000.
Fiscal year 2021:
(A) New budget authority, $94,330,000,000.
(B) Outlays, $101,593,000,000.
Fiscal year 2022:
(A) New budget authority, $95,586,000,000.
(B) Outlays, $103,395,000,000.
Fiscal year 2023:
(A) New budget authority, $96,864,000,000.
(B) Outlays, $105,364,000,000.
(9) Community and Regional Development (450):
Fiscal year 2013:
(A) New budget authority, $51,911,000,000.
(B) Outlays, $38,409,000,000.
Fiscal year 2014:
(A) New budget authority, $24,995,500,000.
(B) Outlays, $29,779,500,000.
Fiscal year 2015:
(A) New budget authority, $25,362,000,000.
(B) Outlays, $31,033,000,000.
Fiscal year 2016:
(A) New budget authority, $25,808,000,000.
(B) Outlays, $29,233,000,000.
Fiscal year 2017:
(A) New budget authority, $26,360,000,000.
(B) Outlays, $29,216,000,000.
Fiscal year 2018:
(A) New budget authority, $26,442,000,000.
(B) Outlays, $27,660,000,000.
Fiscal year 2019:
(A) New budget authority, $26,610,000,000.
(B) Outlays, $26,831,000,000.
Fiscal year 2020:
(A) New budget authority, $27,212,000,000.
(B) Outlays, $26,873,000,000.
Fiscal year 2021:
(A) New budget authority, $27,828,000,000.
(B) Outlays, $27,154,000,000.
Fiscal year 2022:
(A) New budget authority, $28,461,000,000.
(B) Outlays, $27,487,000,000.
Fiscal year 2023:
(A) New budget authority, $29,098,000,000.
(B) Outlays, $27,953,000,000.
(10) Education, Training, Employment, and Social
Services (500):
Fiscal year 2013:
(A) New budget authority, $77,536,000,000.
(B) Outlays, $82,279,000,000.
Fiscal year 2014:
(A) New budget authority, $78,349,000,000.
(B) Outlays, $86,546,000,000.
Fiscal year 2015:
(A) New budget authority, $89,537,000,000.
(B) Outlays, $96,269,000,000.
Fiscal year 2016:
(A) New budget authority, $106,927,000,000.
(B) Outlays, $98,922,000,000.
Fiscal year 2017:
(A) New budget authority, $117,961,000,000.
(B) Outlays, $111,494,000,000.
Fiscal year 2018:
(A) New budget authority, $123,744,000,000.
(B) Outlays, $122,679,000,000.
Fiscal year 2019:
(A) New budget authority, $119,139,000,000.
(B) Outlays, $117,997,000,000.
Fiscal year 2020:
(A) New budget authority, $120,411,000,000.
(B) Outlays, $119,806,000,000.
Fiscal year 2021:
(A) New budget authority, $122,546,000,000.
(B) Outlays, $121,459,000,000.
Fiscal year 2022:
(A) New budget authority, $124,565,000,000.
(B) Outlays, $123,422,000,000.
Fiscal year 2023:
(A) New budget authority, $126,825,000,000.
(B) Outlays, $125,845,000,000.
(11) Health (550):
Fiscal year 2013:
(A) New budget authority, $365,206,000,000.
(B) Outlays, $361,960,000,000.
Fiscal year 2014:
(A) New budget authority, $420,326,000,000.
(B) Outlays, $415,573,000,000.
Fiscal year 2015:
(A) New budget authority, $500,356,000,000.
(B) Outlays, $493,639,000,000.
Fiscal year 2016:
(A) New budget authority, $554,680,000,000.
(B) Outlays, $560,173,000,000.
Fiscal year 2017:
(A) New budget authority, $611,908,000,000.
(B) Outlays, $614,248,000,000.
Fiscal year 2018:
(A) New budget authority, $648,773,000,000.
(B) Outlays, $648,945,000,000.
Fiscal year 2019:
(A) New budget authority, $685,879,000,000.
(B) Outlays, $684,985,000,000.
Fiscal year 2020:
(A) New budget authority, $732,529,000,000.
(B) Outlays, $721,193,000,000.
Fiscal year 2021:
(A) New budget authority, $764,934,000,000.
(B) Outlays, $763,469,000,000.
Fiscal year 2022:
(A) New budget authority, $808,026,000,000.
(B) Outlays, $806,172,000,000.
Fiscal year 2023:
(A) New budget authority, $852,829,000,000.
(B) Outlays, $851,028,000,000.
(12) Medicare (570):
Fiscal year 2013:
(A) New budget authority, $511,692,000,000.
(B) Outlays, $511,240,000,000.
Fiscal year 2014:
(A) New budget authority, $535,596,000,000.
(B) Outlays, $535,067,000,000.
Fiscal year 2015:
(A) New budget authority, $540,503,000,000.
(B) Outlays, $540,205,000,000.
Fiscal year 2016:
(A) New budget authority, $586,873,000,000.
(B) Outlays, $586,662,000,000.
Fiscal year 2017:
(A) New budget authority, $602,495,000,000.
(B) Outlays, $602,085,000,000.
Fiscal year 2018:
(A) New budget authority, $626,619,000,000.
(B) Outlays, $626,319,000,000.
Fiscal year 2019:
(A) New budget authority, $687,071,000,000.
(B) Outlays, $686,851,000,000.
Fiscal year 2020:
(A) New budget authority, $734,468,000,000.
(B) Outlays, $734,051,000,000.
Fiscal year 2021:
(A) New budget authority, $782,452,000,000.
(B) Outlays, $782,386,000,000.
Fiscal year 2022:
(A) New budget authority, $855,410,000,000.
(B) Outlays, $855,061,000,000.
Fiscal year 2023:
(A) New budget authority, $883,491,000,000.
(B) Outlays, $883,062,000,000.
(13) Income Security (600):
Fiscal year 2013:
(A) New budget authority, $544,094,000,000.
(B) Outlays, $542,998,000,000.
Fiscal year 2014:
(A) New budget authority, $530,103,000,000.
(B) Outlays, $526,954,000,000.
Fiscal year 2015:
(A) New budget authority, $528,197,000,000.
(B) Outlays, $524,043,000,000.
Fiscal year 2016:
(A) New budget authority, $537,117,000,000.
(B) Outlays, $536,196,000,000.
Fiscal year 2017:
(A) New budget authority, $536,006,000,000.
(B) Outlays, $531,153,000,000.
Fiscal year 2018:
(A) New budget authority, $538,914,000,000.
(B) Outlays, $529,716,000,000.
Fiscal year 2019:
(A) New budget authority, $565,188,000,000.
(B) Outlays, $560,677,000,000.
Fiscal year 2020:
(A) New budget authority, $578,159,000,000.
(B) Outlays, $573,775,000,000.
Fiscal year 2021:
(A) New budget authority, $592,348,000,000.
(B) Outlays, $587,965,000,000.
Fiscal year 2022:
(A) New budget authority, $611,644,000,000.
(B) Outlays, $612,070,000,000.
Fiscal year 2023:
(A) New budget authority, $619,422,000,000.
(B) Outlays, $614,921,000,000.
(14) Social Security (650):
Fiscal year 2013:
(A) New budget authority, $52,803,000,000.
(B) Outlays, $52,883,000,000.
Fiscal year 2014:
(A) New budget authority, $27,506,000,000.
(B) Outlays, $27,616,000,000.
Fiscal year 2015:
(A) New budget authority, $30,233,000,000.
(B) Outlays, $30,308,000,000.
Fiscal year 2016:
(A) New budget authority, $33,369,000,000.
(B) Outlays, $33,407,000,000.
Fiscal year 2017:
(A) New budget authority, $36,691,000,000.
(B) Outlays, $36,691,000,000.
Fiscal year 2018:
(A) New budget authority, $40,005,000,000.
(B) Outlays, $40,005,000,000.
Fiscal year 2019:
(A) New budget authority, $43,421,000,000.
(B) Outlays, $43,421,000,000.
Fiscal year 2020:
(A) New budget authority, $46,954,000,000.
(B) Outlays, $46,954,000,000.
Fiscal year 2021:
(A) New budget authority, $50,474,000,000.
(B) Outlays, $50,474,000,000.
Fiscal year 2022:
(A) New budget authority, $54,235,000,000.
(B) Outlays, $54,235,000,000.
Fiscal year 2023:
(A) New budget authority, $58,441,000,000.
(B) Outlays, $58,441,000,000.
(15) Veterans Benefits and Services (700):
Fiscal year 2013:
(A) New budget authority, $140,646,000,000.
(B) Outlays, $138,860,000,000.
Fiscal year 2014:
(A) New budget authority, $145,488,000,000.
(B) Outlays, $145,254,000,000.
Fiscal year 2015:
(A) New budget authority, $150,218,000,000.
(B) Outlays, $149,672,000,000.
Fiscal year 2016:
(A) New budget authority, $162,493,000,000.
(B) Outlays, $161,876,000,000.
Fiscal year 2017:
(A) New budget authority, $161,405,000,000.
(B) Outlays, $160,549,000,000.
Fiscal year 2018:
(A) New budget authority, $159,902,000,000.
(B) Outlays, $159,031,000,000.
Fiscal year 2019:
(A) New budget authority, $171,529,000,000.
(B) Outlays, $170,622,000,000.
Fiscal year 2020:
(A) New budget authority, $176,188,000,000.
(B) Outlays, $175,286,000,000.
Fiscal year 2021:
(A) New budget authority, $180,118,000,000.
(B) Outlays, $179,169,000,000.
Fiscal year 2022:
(A) New budget authority, $191,846,000,000.
(B) Outlays, $190,875,000,000.
Fiscal year 2023:
(A) New budget authority, $188,517,000,000.
(B) Outlays, $187,433,000,000.
(16) Administration of Justice (750):
Fiscal year 2013:
(A) New budget authority, $53,094,000,000.
(B) Outlays, $57,120,000,000.
Fiscal year 2014:
(A) New budget authority, $66,526,000,000.
(B) Outlays, $55,445,000,000.
Fiscal year 2015:
(A) New budget authority, $56,476,000,000.
(B) Outlays, $57,912,000,000.
Fiscal year 2016:
(A) New budget authority, $59,937,000,000.
(B) Outlays, $62,665,000,000.
Fiscal year 2017:
(A) New budget authority, $59,940,000,000.
(B) Outlays, $65,090,000,000.
Fiscal year 2018:
(A) New budget authority, $61,751,000,000.
(B) Outlays, $63,405,000,000.
Fiscal year 2019:
(A) New budget authority, $63,708,000,000.
(B) Outlays, $63,959,000,000.
Fiscal year 2020:
(A) New budget authority, $65,672,000,000.
(B) Outlays, $65,153,000,000.
Fiscal year 2021:
(A) New budget authority, $67,840,000,000.
(B) Outlays, $67,246,000,000.
Fiscal year 2022:
(A) New budget authority, $70,695,000,000.
(B) Outlays, $70,066,000,000.
Fiscal year 2023:
(A) New budget authority, $76,218,000,000.
(B) Outlays, $75,564,000,000.
(17) General Government (800):
Fiscal year 2013:
(A) New budget authority, $24,000,000,000.
(B) Outlays, $27,263,000,000.
Fiscal year 2014:
(A) New budget authority, $23,616,000,000.
(B) Outlays, $24,527,000,000.
Fiscal year 2015:
(A) New budget authority, $24,258,000,000.
(B) Outlays, $24,540,000,000.
Fiscal year 2016:
(A) New budget authority, $24,995,000,000.
(B) Outlays, $24,616,000,000.
Fiscal year 2017:
(A) New budget authority, $25,640,000,000.
(B) Outlays, $25,247,000,000.
Fiscal year 2018:
(A) New budget authority, $26,497,000,000.
(B) Outlays, $26,039,000,000.
Fiscal year 2019:
(A) New budget authority, $27,377,000,000.
(B) Outlays, $26,724,000,000.
Fiscal year 2020:
(A) New budget authority, $28,210,000,000.
(B) Outlays, $27,520,000,000.
Fiscal year 2021:
(A) New budget authority, $29,089,000,000.
(B) Outlays, $28,437,000,000.
Fiscal year 2022:
(A) New budget authority, $29,996,000,000.
(B) Outlays, $29,353,000,000.
Fiscal year 2023:
(A) New budget authority, $30,900,000,000.
(B) Outlays, $30,304,000,000.
(18) Net Interest (900):
Fiscal year 2013:
(A) New budget authority, $331,271,000,000.
(B) Outlays, $331,271,000,000.
Fiscal year 2014:
(A) New budget authority, $342,703,000,000.
(B) Outlays, $342,703,000,000.
Fiscal year 2015:
(A) New budget authority, $370,274,000,000.
(B) Outlays, $370,274,000,000.
Fiscal year 2016:
(A) New budget authority, $419,485,000,000.
(B) Outlays, $419,485,000,000.
Fiscal year 2017:
(A) New budget authority, $506,103,000,000.
(B) Outlays, $506,103,000,000.
Fiscal year 2018:
(A) New budget authority, $608,623,000,000.
(B) Outlays, $608,623,000,000.
Fiscal year 2019:
(A) New budget authority, $683,623,000,000.
(B) Outlays, $683,623,000,000.
Fiscal year 2020:
(A) New budget authority, $752,067,000,000.
(B) Outlays, $752,067,000,000.
Fiscal year 2021:
(A) New budget authority, $806,870,000,000.
(B) Outlays, $806,870,000,000.
Fiscal year 2022:
(A) New budget authority, $859,077,000,000.
(B) Outlays, $859,077,000,000.
Fiscal year 2023:
(A) New budget authority, $905,971,000,000.
(B) Outlays, $905,971,000,000.
(19) Allowances (920):
Fiscal year 2013:
(A) New budget authority, $99,868,000,000.
(B) Outlays, $3,853,000,000.
Fiscal year 2014:
(A) New budget authority, $31,869,500,000.
(B) Outlays, $39,233,500,000.
Fiscal year 2015:
(A) New budget authority, $1,469,000,000.
(B) Outlays, $32,941,000,000.
Fiscal year 2016:
(A) New budget authority, $-35,734,000,000.
(B) Outlays, $2,211,000,000.
Fiscal year 2017:
(A) New budget authority, $-42,592,000,000.
(B) Outlays, $-20,253,000,000.
Fiscal year 2018:
(A) New budget authority, $-51,675,000,000.
(B) Outlays, $-36,471,000,000.
Fiscal year 2019:
(A) New budget authority, $-61,088,000,000.
(B) Outlays, $-48,910,000,000.
Fiscal year 2020:
(A) New budget authority, $-68,207,000,000.
(B) Outlays, $-61,194,000,000.
Fiscal year 2021:
(A) New budget authority, $-76,108,000,000.
(B) Outlays, $-70,697,000,000.
Fiscal year 2022:
(A) New budget authority, $-84,378,000,000.
(B) Outlays, $-80,463,000,000.
Fiscal year 2023:
(A) New budget authority, $-92,680,000,000.
(B) Outlays, $-89,556,000,000.
(20) Undistributed Offsetting Receipts (950):
Fiscal year 2013:
(A) New budget authority, $-76,489,000,000.
(B) Outlays, $-76,489,000,000.
Fiscal year 2014:
(A) New budget authority, $-75,946,000,000.
(B) Outlays, $-75,946,000,000.
Fiscal year 2015:
(A) New budget authority, $-80,864,000,000.
(B) Outlays, $-80,864,000,000.
Fiscal year 2016:
(A) New budget authority, $-86,391,000,000.
(B) Outlays, $-86,391,000,000.
Fiscal year 2017:
(A) New budget authority, $-90,137,000,000.
(B) Outlays, $-90,137,000,000.
Fiscal year 2018:
(A) New budget authority, $-90,503,000,000.
(B) Outlays, $-90,503,000,000.
Fiscal year 2019:
(A) New budget authority, $-97,574,000,000.
(B) Outlays, $-97,574,000,000.
Fiscal year 2020:
(A) New budget authority, $-98,916,000,000.
(B) Outlays, $-98,916,000,000.
Fiscal year 2021:
(A) New budget authority,
$-103,177,000,000.
(B) Outlays, $-103,177,000,000.
Fiscal year 2022:
(A) New budget authority,
$-105,117,000,000.
(B) Outlays, $-105,117,000,000.
Fiscal year 2023:
(A) New budget authority,
$-108,885,000,000.
(B) Outlays, $-108,885,000,000.
TITLE II--RECONCILIATION
SEC. 201. RECONCILIATION IN THE SENATE.
Not later than October 1, 2013, the Committee on Finance of
the Senate shall report changes in laws, bills, or resolutions
within its jurisdiction to increase the total level of revenues
by $975,000,000,000 for the period of fiscal years 2013 through
2023.
TITLE III--RESERVE FUNDS
SEC. 301. DEFICIT-NEUTRAL RESERVE FUND TO REPLACE SEQUESTRATION.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports that amend section
251A of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 901a) or section 901(e) of the American
Taxpayer Relief Act of 2012 (Public Law 112-240) to repeal or
revise the enforcement procedures established under those
sections, by the amounts provided in such legislation for those
purposes, provided that such legislation would not increase the
deficit over the period of the total of fiscal years 2013
through 2023. For purposes of determining deficit-neutrality
under this section, the Chairman may include the estimated
effects of any amendment or amendments to the discretionary
spending limits in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)).
SEC. 302. DEFICIT-NEUTRAL RESERVE FUNDS TO PROMOTE EMPLOYMENT AND JOB
GROWTH.
(a) Employment and Job Growth.--The Chairman of the
Committee on the Budget of the Senate may revise the
allocations of a committee or committees, aggregates, and other
appropriate levels in this resolution for one or more bills,
joint resolutions, amendments, motions, or conference reports
related to employment and job growth, by the amounts provided
in such legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
(b) Small Business Assistance.--The Chairman of the
Committee on the Budget of the Senate may revise the
allocations of a committee or committees, aggregates, and other
appropriate levels in this resolution for one or more bills,
joint resolutions, amendments, motions, or conference reports
that provide assistance to small businesses, by the amounts
provided in such legislation for those purposes, provided that
such legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
(c) Unemployment Relief.--The Chairman of the Committee on
the Budget of the Senate may revise the allocations of a
committee or committees, aggregates, and other appropriate
levels in this resolution for one or more bills, joint
resolutions, amendments, motions, or conference reports that
provide assistance to the unemployed, or improve the
unemployment compensation program, by the amounts provided in
such legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
(d) Trade and International Agreements.--The Chairman of
the Committee on the Budget of the Senate may revise the
allocations of a committee or committees, aggregates, and other
appropriate levels in this resolution for one or more bills,
joint resolutions, amendments, motions, or conference reports
related to trade, including Trade Adjustment Assistance
programs, trade enforcement, (including requiring timely and
time-limited investigations into the evasion of antidumping and
countervailing duties), or international agreements for
economic assistance, by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
SEC. 303. DEFICIT-NEUTRAL RESERVE FUNDS TO ASSIST WORKING FAMILIES AND
CHILDREN.
(a) Income Support.--The Chairman of the Committee on the
Budget of the Senate may revise the allocations of a committee
or committees, aggregates, and other appropriate levels in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports related to the
Social Services Block Grant (SSBG), the Temporary Assistance
for Needy Families (TANF) program, child support enforcement
programs, or other assistance to working families, by the
amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
(b) Housing Assistance.--The Chairman of the Committee on
the Budget of the Senate may revise the allocations of a
committee or committees, aggregates, and other appropriate
levels in this resolution for one or more bills, joint
resolutions, amendments, motions, or conference reports related
to housing assistance, which may include working family rental
assistance, or assistance provided through the Housing Trust
Fund, by the amounts provided in such legislation for those
purposes, provided that such legislation would not increase the
deficit over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023.
(c) Child Welfare.--The Chairman of the Committee on the
Budget of the Senate may revise the allocations of a committee
or committees, aggregates, and other appropriate levels in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports related to child
welfare programs, which may include the Federal foster care
payment system, by the amounts provided in such legislation for
those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
SEC. 304. DEFICIT-NEUTRAL RESERVE FUNDS FOR EARLY CHILDHOOD EDUCATION.
(a) Pre-Kindergarten.--The Chairman of the Committee on the
Budget of the Senate may revise the allocations of a committee
or committees, aggregates, and other appropriate levels in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports related to a pre-
kindergarten program or programs to serve low-income children,
by the amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
(b) Child Care.--The Chairman of the Committee on the
Budget of the Senate may revise the allocations of a committee
or committees, aggregates, and other appropriate levels in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports related to child
care assistance for working families, by the amounts provided
in such legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
(c) Home Visiting.--The Chairman of the Committee on the
Budget of the Senate may revise the allocations of a committee
or committees, aggregates, and other appropriate levels in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports related to a home
visiting program or programs serving low-income mothers-to-be
and low-income families, by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
SEC. 305. DEFICIT-NEUTRAL RESERVE FUND FOR TAX RELIEF.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that provide tax relief, including
extensions of expiring tax relief or refundable tax relief,
relief that supports innovation by United States enterprises,
relief for low and middle income families or relief that
expands the ability of startup companies to benefit from the
credit for research and experimentation expenses, by the
amounts provided in such legislation for those purposes,
provided that the provisions in such legislation would not
increase the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
SEC. 306. RESERVE FUND FOR TAX REFORM.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that reform the Internal Revenue Code of
1986 to ensure a sustainable revenue base that leads to a
fairer, more progressive, and more efficient tax system than
currently exists, and to a more competitive business
environment for United States enterprises, by the amounts
provided in such legislation for those purposes, provided that
the provisions in such legislation would not increase the
deficit over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023.
SEC. 307. DEFICIT-NEUTRAL RESERVE FUND TO INVEST IN CLEAN ENERGY AND
PRESERVE THE ENVIRONMENT.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports related to--
(1) the reduction of our Nation's dependence on
imported energy and the investment of receipts from
domestic energy production;
(2) energy conservation and renewable energy
development, or new or existing approaches to clean
energy financing;
(3) the Low-Income Home Energy Assistance Program;
(4) low-income weatherization and energy efficiency
retrofit programs;
(5) Federal programs for land and water
conservation and acquisition;
(6) greenhouse gas emissions levels;
(7) the preservation, restoration, or protection of
the Nation's public lands, oceans, coastal areas, or
aquatic ecosystems;
(8) agreements between the United States and
jurisdictions of the former Trust Territory;
(9) wildland fire management activities;
(10) the restructure of the nuclear waste program;
or
(11) to provide assistance for fishery disasters
declared by the Secretary of Commerce during 2012;
by the amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 308. DEFICIT-NEUTRAL RESERVE FUND FOR INVESTMENTS IN AMERICA'S
INFRASTRUCTURE.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that provide for Federal investment in the
infrastructure of the United States, which may include projects
for transportation, housing, energy, water, telecommunications,
including promoting investments in broadband infrastructure to
expedite deployment of broadband to rural areas, or financing
through tax credit bonds, by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
SEC. 309. DEFICIT-NEUTRAL RESERVE FUND FOR AMERICA'S SERVICEMEMBERS AND
VETERANS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports related to--
(1) eligibility for both military retired pay and
veterans' disability compensation (concurrent receipt);
(2) the reduction or elimination of the offset
between Survivor Benefit Plan annuities and Veterans'
Dependency and Indemnity Compensation;
(3) the improvement of disability benefits or the
process of evaluating and adjudicating benefit claims
for members of the Armed Forces or veterans;
(4) the infrastructure needs of the Department of
Veterans Affairs, including constructing or leasing
space, to include leases of major medical facilities,
and maintenance of Department facilities;
(5) supporting the transition of servicemembers to
the civilian workforce, including by expanding or
improving education, job training, and workforce
development benefits, or other programs for
servicemembers or veterans, which may include
streamlining the process associated with Federal and
State credentialing requirements; or
(6) supporting additional efforts to increase
access to health care for veterans in rural areas
through telehealth and other programs that reduce the
need for such veterans to travel long distances to a
medical facility of the Department of Veterans Affairs;
by the amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 310. DEFICIT-NEUTRAL RESERVE FUND FOR HIGHER EDUCATION.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that make higher education more accessible
and affordable, which may include legislation to increase
college enrollment and completion rates for low-income
students, standardize financial aid award letters, or promote
college savings, by the amounts provided in such legislation
for those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
SEC. 311. DEFICIT-NEUTRAL RESERVE FUNDS FOR HEALTH CARE.
(a) Physician Reimbursement.--The Chairman of the Committee
on the Budget of the Senate may revise the allocations of a
committee or committees, aggregates, and other appropriate
levels in this resolution for one or more bills, joint
resolutions, amendments, motions, or conference reports that
increase payments made under, or permanently reform or replace,
the Medicare Sustainable Growth Rate (SGR) formula, by the
amounts provided in such legislation for those purposes,
provided that the provisions in such legislation would not
increase the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
(b) Extension of Expiring Health Care Policies.--The
Chairman of the Committee on the Budget of the Senate may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that extend expiring Medicare, Medicaid, or
other health provisions, by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
(c) Health Care Improvement.--The Chairman of the Committee
on the Budget of the Senate may revise the allocations of a
committee or committees, aggregates, and other appropriate
levels in this resolution for one or more bills, joint
resolutions, amendments, motions, or conference reports that
promote improvements to health care delivery systems, which may
include changes that increase care quality, encourage
efficiency, focus on chronic illness, or improve care
coordination, improve overall population health, promote health
equity or reduce health disparities, and that improve the
fiscal sustainability of health care spending over the long
term, by the amounts provided in such legislation for those
purposes, provided that such legislation would not increase the
deficit over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023.
(d) Therapy Caps.--The Chairman of the Committee on the
Budget of the Senate may revise the allocations of a committee
or committees, aggregates, and other appropriate levels in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports that protect access
to outpatient therapy services (including physical therapy,
occupational therapy, and speech-language pathology services)
through measures such as repealing or increasing the current
outpatient therapy caps, by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
(e) Drug Safety.--The Chairman of the Committee on the
Budget of the Senate may revise the allocations of a committee
or committees, aggregates, and other appropriate levels in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports relating to drug
safety, which may include legislation that permits the safe
importation of prescription drugs approved by the Food and Drug
Administration from a specified list of countries, by the
amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 312. DEFICIT-NEUTRAL RESERVE FUND FOR INVESTMENTS IN OUR NATION'S
COUNTIES AND SCHOOLS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that make changes to or provide for the
reauthorization of the Secure Rural Schools and Community Self
Determination Act of 2000 (Public Law 106-393) or make changes
to chapter 69 of title 31, United States Code (commonly known
as the ``Payments in Lieu of Taxes Act of 1976''), or both, by
the amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 313. DEFICIT-NEUTRAL RESERVE FUND FOR A FARM BILL.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that provide for the reauthorization of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-246;
122 Stat. 1651) or prior Acts, authorize similar or related
programs, provide for revenue changes, or any combination of
the purposes under this section, by the amounts provided in
such legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 314. DEFICIT-NEUTRAL RESERVE FUND FOR INVESTMENTS IN WATER
INFRASTRUCTURE AND RESOURCES.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that relate to water infrastructure programs
or make changes to the collection and expenditure of the Harbor
Maintenance Tax (subchapter A of chapter 36 of the Internal
Revenue Code of 1986), by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
SEC. 315. DEFICIT-NEUTRAL RESERVE FUND FOR PENSION REFORM.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports to strengthen and reform the pension system,
by the amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 316. DEFICIT-NEUTRAL RESERVE FUND FOR HOUSING FINANCE REFORM.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that promote appropriate access to mortgage
credit for individuals and families or examine the role of
government in the secondary mortgage market, which may include
legislation to restructure government-sponsored enterprises, or
provide for mortgage refinance opportunities, by the amounts
provided in such legislation for those purposes, provided that
such legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 317. DEFICIT-NEUTRAL RESERVE FUND FOR NATIONAL SECURITY.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that support Department of Defense
auditability and acquisition reform efforts, which may include
legislation that limits the use of incremental funding, or that
promotes affordability or appropriate contract choice, by the
amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 318. DEFICIT-NEUTRAL RESERVE FUND FOR OVERSEAS CONTINGENCY
OPERATIONS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports related to the
support of Overseas Contingency Operations, by the amounts
provided in such legislation for those purposes, provided that
such legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 319. DEFICIT-NEUTRAL RESERVE FUND FOR TERRORISM RISK INSURANCE.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that make changes to or provide for the
reauthorization of the Terrorism Risk Insurance Act (Public Law
107-297; 116 Stat. 2322), by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
SEC. 320. DEFICIT-NEUTRAL RESERVE FUND FOR POSTAL REFORM.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports to strengthen and reform the United States
Postal Service, by the amounts provided in such legislation for
those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
SEC. 321. DEFICIT-REDUCTION RESERVE FUND FOR GOVERNMENT REFORM AND
EFFICIENCY.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that achieve savings through the use of
performance data or scientifically rigorous evaluation
methodologies for the elimination, consolidation, or reform of
Federal programs, agencies, offices, and initiatives, or the
sale of Federal property, or the reduction of duplicative
Federal financial literacy programs, or the reduction of
duplicative Federal housing assistance programs or the
reduction of duplicative Federal grant programs within the
Department of Justice, or the reduction of duplicative Federal
unmanned aircraft programs, or the reduction of duplicative
Federal science, technology, engineering, and mathematics
programs or the reduction of duplicative Federal economic
development programs or the reduction of duplicative Federal
support for entrepreneurs programs, or the reduction of
duplicative preparedness grants by the Federal Emergency
Management Agency or the reduction of duplicative Federal green
building programs, or the reduction of duplicative Federal
diesel emissions programs, or the reduction of duplicative
early learning child care programs, or the reduction of
duplicative domestic food assistance programs, or the reduction
of duplicative teacher quality programs, or the reduction of
duplicative food safety programs, or the reduction of
duplicative Defense language and cultural training programs, or
the reduction of duplicative nuclear nonproliferation programs,
or reduce improper payments, and reduce the deficit over either
the period of the total of fiscal years 2013 through 2018 or
the period of the total of fiscal years 2013 through 2023. The
Chairman may also make adjustments to the Senate's pay-as-you-
go ledger over 6 and 11 years to ensure that the deficit
reduction achieved is used for deficit reduction only. The
adjustments authorized under this section shall be of the
amount of deficit reduction achieved.
SEC. 322. DEFICIT-NEUTRAL RESERVE FUND TO IMPROVE FEDERAL BENEFIT
PROCESSING.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports related to business process changes at the
Office of Personnel Management, which may include processing
times for Federal employee benefits or other efficiencies or
operational changes, by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
SEC. 323. DEFICIT-NEUTRAL RESERVE FUND FOR LEGISLATION TO IMPROVE VOTER
REGISTRATION AND THE VOTING EXPERIENCE IN FEDERAL
ELECTIONS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports related to the
improvement of voter registration and the voting experience in
Federal elections, which may include funding measures or other
measures addressing voter registration or election reform, by
the amounts provided by that legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 324. DEFICIT-REDUCTION RESERVE FUND TO PROMOTE CORPORATE TAX
FAIRNESS.
The Chairman of the Committee on the Budget of the Senate
may reduce the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports related to corporate income taxes, which may
include measures addressing loopholes used by large profitable
corporations that pay no Federal income tax and use such
savings to reduce the deficit. The Chairman may also make
adjustment to the Senate's pay-as-you-go ledger over 6 and 11
years to ensure that the deficit reduction achieved is used for
deficit reduction only. The adjustments authorized under this
section shall be of the amount of deficit reduction achieved.
SEC. 325. DEFICIT-NEUTRAL RESERVE FUND FOR IMPROVING FEDERAL FOREST
MANAGEMENT.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports relating to the management of Federal forest
lands, which may include--
(1) the increase of timber production within
sustainable levels;
(2) the protection of communities from wildfires,
or the enhancement of forest resilience to insects or
disease; or
(3) the improvement, protection, or restoration of
watersheds and forest ecosystems;
by the amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 326. DEFICIT-NEUTRAL RESERVE FUND FOR FINANCIAL TRANSPARENCY.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports to increase the transparency of financial
and performance information for Federal agencies, by the
amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 327. DEFICIT-NEUTRAL RESERVE FUND TO PROMOTE MANUFACTURING IN THE
UNITED STATES.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports related to investment in the manufacturing
sector of the United States, which may include educational or
research and development initiatives, public-private
partnerships, or other programs, by the amounts provided in
such legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 328. DEFICIT-REDUCTION RESERVE FUND FOR REPORT ELIMINATION OR
MODIFICATION.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that achieve savings through the
elimination, modification, or the reduction in frequency of
congressionally mandated reports from Federal agencies, and
reduce the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023. The Chairman may also make
adjustments to the Senate's pay-as-you-go ledger over 6 and 11
years to ensure that the deficit reduction achieved is used for
deficit reduction only. The adjustments authorized under this
section shall be of the amount of deficit reduction achieved.
SEC. 329. DEFICIT-NEUTRAL RESERVE FUND FOR THE MINIMUM WAGE.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports related to income
inequality, which may include an increase in the minimum wage,
by the amounts provided in such legislation for that purpose,
provided that such legislation would not increase the deficit
over either the period of the total fiscal years 2013 through
2018 or the period of the total of fiscal years 2013 through
2023.
SEC. 330. DEFICIT-NEUTRAL RESERVE FUND TO IMPROVE HEALTH OUTCOMES AND
LOWER COSTS FOR CHILDREN IN MEDICAID.
(a) Protecting Medicaid for America's Children.--The
Chairman of the Committee on the Budget of the Senate may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that preserve Medicaid's role in protecting
children's health care, by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
(b) Medically Complex Children.--The Chairman of the
Committee on the Budget of the Senate may revise the
allocations of a committee or committees, aggregates, and other
appropriate levels in this resolution for one or more bills,
joint resolutions, amendments, motions, or conference reports
that improve the health outcomes and lowers costs for medically
complex children in Medicaid, which may include creating or
expanding integrated delivery models or improving care
coordination, by the amounts provided in such legislation for
those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
(c) Oral Health Care for Children With Medicaid Coverage.--
The Chairman of the Committee on the Budget of the Senate may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that improve the oral health outcomes for
children covered by Medicaid, including legislation that may
allow for risk-based disease prevention and comprehensive,
coordinated chronic disease treatment approaches, by the
amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 331. DEFICIT-NEUTRAL RESERVE FUND TO IMPROVE FEDERAL WORKFORCE
DEVELOPMENT, JOB TRAINING, AND REEMPLOYMENT
PROGRAMS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that would ensure effective administration,
reduce inefficient overlap, improve access, and enhance
outcomes of Federal workforce development, youth and adult job
training, and reemployment programs, by the amounts provided in
such legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 332. DEFICIT-NEUTRAL RESERVE FUND FOR REPEAL OF MEDICAL DEVICE
TAX.
The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the House and the Senate, motions, or conference
reports related to innovation, high quality manufacturing jobs,
and economic growth, including the repeal of the 2.3 percent
excise tax on medical device manufacturers, by the amounts
provided in such legislation for that purpose, provided that
such legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 333. DEFICIT-NEUTRAL RESERVE FUND PROHIBITING MEDICARE VOUCHERS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports related to access for Medicare
beneficiaries, which may include legislation that provides
beneficiary protections from voucher payments, by the amounts
provided in such legislation for those purposes, provided that
such legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 334. DEFICIT-NEUTRAL RESERVE FUND FOR EQUAL PAY FOR EQUAL WORK.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports related to
efforts to ensure equal pay policies and practices, by the
amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 335. DEFICIT-NEUTRAL RESERVE FUND RELATING TO WOMEN'S HEALTH CARE.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports related to women's access to health care,
which may include the protection of basic primary and
preventative health care, family planning and birth control, or
employer-provided contraceptive coverage for women's health
care, by the amounts provided in such legislation for these
purposes, provided that such legislation does not increase the
deficit or revenues over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
SEC. 336. DEFICIT-NEUTRAL RESERVE FUND TO REQUIRE STATE-WIDE BUDGET
NEUTRALITY IN THE CALCULATION OF THE MEDICARE
HOSPITAL WAGE INDEX FLOOR.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that would adjust Medicare outlays, by the
amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 337. DEFICIT-NEUTRAL RESERVE FUND FOR THE PROMOTION OF INVESTMENT
AND JOB GROWTH IN UNITED STATES MANUFACTURING, OIL
AND GAS PRODUCTION, AND REFINING SECTORS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
1 or more bills, joint resolutions, amendments, motions, or
conference reports that may result in strong growth in
manufacturing, oil and gas production, and refining sectors of
the economy through the approval and construction of the
Keystone XL Pipeline without raising new revenue, by the
amounts provided in the legislation for those purposes,
provided that the legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 338. DEFICIT-NEUTRAL RESERVE FUND TO ALLOW STATES TO ENFORCE STATE
AND LOCAL USE TAX LAWS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of any committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports related to allowing States to enforce State
and local use taxes already owed under State law on remote
sales by the amounts provided in such legislation for those
purposes, provided that such legislation would not increase the
deficit over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023 and provided that such legislation may
include requirements that States recognize the value of small
businesses to the United States economy by exempting the remote
sales of business inputs from sales and use taxes.
SEC. 339. DEFICIT-NEUTRAL RESERVE FUND RELATING TO THE DEFINITION OF
FULL-TIME EMPLOYEE.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports related to employer penalties in the Patient
Protection and Affordable Care Act, which may include restoring
a sensible definition of ``full-time employee'', provided that
such legislation does not increase the deficit or revenues over
either the period of the total of fiscal years 2013 through
2018 or the period of the total of fiscal years 2013 through
2023.
SEC. 340. DEFICIT-NEUTRAL RESERVE FUND RELATING TO THE LABELING OF
GENETICALLY ENGINEERED FISH.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
1 or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
the labeling of genetically engineered fish, without raising
new revenue, by the amounts provided in the legislation for
those purposes, provided that the legislation would not
increase the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
SEC. 341. DEFICIT-NEUTRAL RESERVE FUND FOR THE FAMILIES OF AMERICA'S
SERVICEMEMBERS AND VETERANS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports relating to support for the families of
members of the Armed Forces and veterans, including--
(1) expanding educational opportunities;
(2) providing increased access to job training and
placement services;
(3) tracking and reporting on suicides of family
members of members of the Armed Forces;
(4) ensuring access to high-quality and affordable
healthcare; or
(5) improving military housing;
by the amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 342. DEFICIT-NEUTRAL RESERVE FUND RELATING TO ESTABLISHING A
BIENNIAL BUDGET AND APPROPRIATIONS PROCESS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports relating to establishing a biennial budget
and appropriations process, by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
SEC. 343. DEFICIT-NEUTRAL RESERVE FUND RELATING TO THE REPEAL OR
REDUCTION OF THE ESTATE TAX.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
the repeal or reduction of the estate tax, by the amounts
provided in such legislation for those purposes, provided that
such legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 344. DEFICIT-NEUTRAL RESERVE FUND FOR DISABLED VETERANS AND THEIR
SURVIVORS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits in this
resolution for one or more bills, joint resolutions,
amendments, motions, or conference reports related to
protecting the benefits of disabled veterans and their
survivors, which may not include a chained CPI, by the amounts
provided in that legislation for that purpose, provided that
such legislation would not increase the deficit over either the
period of the total fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 345. DEFICIT REDUCTION FUND FOR NO BUDGET, NO OMB PAY.
The Chairman of the Senate Committee on the Budget shall
reduce allocations, pursuant to section 302(a) of the
Congressional Budget Act of 1974, equal to amounts withheld
pursuant to one or more bills, joint resolutions, amendments,
amendments between houses, motions, or conference reports
related to the federal budget process, which may include
prohibiting paying the salaries of either the Director of the
Office of Management and Budget (OMB), the OMB Deputy Director,
or the OMB Deputy Director for Management, or all three
officials, for the period of time after which the President
fails to submit a budget, pursuant to section 1105 of title 31,
United States Code, and until the day the President submits a
budget to Congress.
SEC. 346. DEFICIT-NEUTRAL RESERVE FUND RELATING HARDROCK MINING REFORM.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
1 or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
Federal land management, which may include provisions relating
to budget deficit reduction, establishment of a reclamation
fund, imposition of a locatable mineral royalty, revenue
sharing with States, and improvements to the permitting
process, by the amounts provided in the legislation for those
purposes, provided that the legislation would not increase the
deficit over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023.
SEC. 347. DEFICIT-NEUTRAL RESERVE FUND TO END ``TOO BIG TO FAIL''
SUBSIDIES OR FUNDING ADVANTAGE FOR WALL STREET
MEGA-BANKS (OVER $500,000,000,000 IN TOTAL ASSETS).
The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between houses, motions, or conference reports related to any
subsidies or funding advantage relative to other competitors
received by bank holding companies with over $500,000,000,000
in total assets, which may include elimination of any subsidies
or funding advantage relative to other competitors resulting
from the perception of Federal assistance to prevent
receivership, or any subsidies or funding advantage relative to
other competitors resulting from the perception of Federal
assistance to facilitate exit from receivership, or to realign
market incentives to protect the taxpayer, except in the case
of Federal assistance provided in response to a natural
disaster, without raising new revenue, by the amounts provided
in such legislation for that purpose, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2014 through 2018 or the
period of the total of fiscal years 2014 through 2023.
SEC. 348. DEFICIT-NEUTRAL RESERVE FUND RELATING TO AUTHORIZING CHILDREN
ELIGIBLE FOR HEALTH CARE UNDER LAWS ADMINISTERED BY
SECRETARY OF VETERANS AFFAIRS TO RETAIN SUCH
ELIGIBILITY UNTIL AGE 26.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
authorizing children who are eligible to receive health care
furnished under laws administered by the Secretary of Veterans
Affairs to retain such eligibility until age 26, by the amounts
provided in such legislation for those purposes, provided that
such legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 349. DEFICIT-NEUTRAL RESERVE FUND FOR STATE AND LOCAL LAW
ENFORCEMENT.
The Chairman of the Senate Committee on the Budget may
revise the allocations, aggregates, and other levels in this
resolution by the amounts provided by a bill, joint resolution,
amendment, motion, or conference report to support State and
local law enforcement, which may include investing in State
formula grants, to aid State and local law enforcement and
criminal justice systems in implementing innovative, evidence-
based approaches to crime prevention and control, including
strategies such as specialty courts, multi-jurisdictional task
forces, technology improvement, and information sharing
systems, provided that such legislation would not increase the
deficit over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023.
SEC. 350. DEFICIT-NEUTRAL RESERVE FUND TO ESTABLISH A NATIONAL NETWORK
FOR MANUFACTURING INNOVATION.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that relate to accelerating the development
and deployment of advanced manufacturing technologies,
advancing competitiveness, improving the speed and
infrastructure with which small- and medium-sized enterprises
and supply chains commercialize new processes and technologies,
and informing industry-driven education and training, by the
amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 351. DEFICIT-NEUTRAL RESERVE FUND RELATING TO ENSURE THAT ANY
CARBON EMISSIONS STANDARDS MUST BE COST EFFECTIVE,
BASED ON THE BEST AVAILABLE SCIENCE, AND BENEFIT
LOW-INCOME AND MIDDLE CLASS FAMILIES.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports relating to carbon emission standards, that
any such standards must be cost effective, based on best
available science and benefit low-income and middle class
families, by the amounts provided in such legislation for those
purposes, provided that such legislation would not increase the
deficit over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023.
SEC. 352. DEFICIT-NEUTRAL RESERVE FUND TO ADDRESS THE ELIGIBILITY
CRITERIA FOR CERTAIN UNLAWFUL IMMIGRANT INDIVIDUALS
WITH RESPECT TO CERTAIN HEALTH INSURANCE PLANS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports related to
limiting undocumented immigrants from qualifying for federally
subsidized health insurance coverage, by the amounts provided
in such legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 353. DEFICIT-NEUTRAL RESERVE FUND TO ENSURE NO FINANCIAL
INSTITUTION IS ABOVE THE LAW REGARDLESS OF SIZE.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
criminal liability of a financial institution operating in the
United States, which may include measures to address the
criminal prosecution of a large financial institution operating
in the United States or executives of a large financial
institution operating in the United States, including for
wrongdoing relating to money laundering or violation of
sanctions laws, by the amounts provided in such legislation for
those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
SEC. 354. DEFICIT-NEUTRAL RESERVE FUND RELATING TO HELPING HOMEOWNERS
AND SMALL BUSINESSES MITIGATE AGAINST FLOOD LOSS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
providing better coordination among flood mitigation programs
to meet the unmet mitigation needs of homeowners and small
businesses, by the amounts provided in such legislation for
those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
SEC. 355. DEFICIT-NEUTRAL RESERVE FUND TO RESTORE FAMILY HEALTH CARE
FLEXIBILITY BY REPEALING THE HEALTH SAVINGS ACCOUNT
AND FLEXIBLE SPENDING ACCOUNT RESTRICTIONS IN THE
HEALTH CARE LAW.
The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between houses, motions, or conference reports that restore
families' health care flexibility, which may include repealing
tax increases on tax-advantaged accounts in the Patient
Protection and Affordable Care Act (Public Law 111-148; Stat.
119), without raising revenue, by the amounts provided in such
legislation for that purpose, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2014 through 2018 or the period of the
total of fiscal years 2014 through 2023.
SEC. 356. DEFICIT-NEUTRAL RESERVE FUND FOR BARDA AND THE BIOSHIELD
SPECIAL RESERVE FUND.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that may provide for full funding for the
Biomedical Advanced Research and Development Authority under
section 319L of the Public Health Serve Act (42 U.S.C. 247d-7e)
and the Special Reserve Fund under Section 319-F2 of the Public
Health Service Act (42 U.S.C. 247d-6b) without raising new
revenue by the amounts provided in such authorizing legislation
for those purposes, provided that such legislation does not
increase the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
SEC. 357. DEFICIT-REDUCTION RESERVE FUND FOR POSTAL REFORM.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports related to the United States Postal Service,
which may include measures addressing the nonprofit postal
discount for State and national political committees, and use
such savings to reduce the deficit. The Chairman may also make
adjustments to the Senate's pay-as-you-go ledger over 6 and 11
years to ensure that the deficit reduction achieved is used for
deficit reduction only. The adjustments authorized under this
section shall be of the amount of deficit reduction achieved.
SEC. 358. DEFICIT-NEUTRAL RESERVE FUND TO BROADEN THE EFFECTS OF THE
SEQUESTER, INCLUDING ALLOWING MEMBERS OF CONGRESS
TO DONATE A PORTION OF THEIR SALARIES TO CHARITY OR
TO THE DEPARTMENT OF THE TREASURY DURING
SEQUESTRATION.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that are related to broadening the impact of
the sequester, which may include allowing Members of Congress
to donate 20 percent of their salaries to charity or to the
Department of the Treasury if the enforcement procedures
established under section 251A of the Balanced Budget and
Emergency Deficit Control Act of 1985 and section 901(e) of the
American Taxpayer Relief Act of 2012 go into, or remain in
effect, provided that such legislation would not increase the
deficit over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023.
SEC. 359. DEFICIT-NEUTRAL RESERVE FUND TO ENSURE THE BUREAU OF LAND
MANAGEMENT COLLABORATES WITH WESTERN STATES TO
PREVENT THE LISTING OF THE SAGE-GROUSE.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
1 or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports that would
improve the management of public land and natural resources, by
the amounts provided in the legislation for those purposes,
provided that the legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 360. DEFICIT-REDUCTION RESERVE FUND FOR EMINENT DOMAIN ABUSE
PREVENTION.
The Chairman of the Senate Committee on the Budget shall
reduce allocations, pursuant to section 302(a) of the
Congressional Budget Act of 1974, equal to amounts withheld
pursuant to one or more bills, joint resolutions, amendments,
amendments between the Houses, motions, or conference reports
related to federal economic development assistance, which may
include amendments to the eligibility of a State or local
government to receive benefits, including restricting benefits
when eminent domain has been used to take private property and
transfer it to another private use, and reduce the deficit over
either the period of the total of fiscal years 2013 through
2018 or the period of the total of fiscal years 2013 through
2023. The Chairman may also make adjustments to the Senate's
pay-as-you-go ledger over 6 and 11 years to ensure that the
deficit reduction achieved is used for deficit reduction only.
The adjustments authorized under this section shall be of the
amount of deficit reduction achieved.
SEC. 361. DEFICIT-NEUTRAL RESERVE FUND FOR EXPORT PROMOTION.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that relate to promoting exports, which may
include providing the President with trade promotion authority,
by the amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 362. DEFICIT-NEUTRAL RESERVE FUND FOR THE PROHIBITION ON FUNDING
OF THE MEDIUM EXTENDED AIR DEFENSE SYSTEM.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between Houses, motions, or conference reports relating to
prohibiting use of funds for defense programs not authorized by
law, which may include the Medium Extended Air Defense System
(MEADS), without raising new revenue, by the amounts provided
in such legislation for that purpose, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 363. DEFICIT-NEUTRAL RESERVE FUND TO INCREASE THE CAPACITY OF
AGENCIES TO ENSURE EFFECTIVE CONTRACT MANAGEMENT
AND CONTRACT OVERSIGHT.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that would increase the capacity of Federal
agencies to ensure effective contract management and contract
oversight, including efforts such as additional personnel and
training for Inspectors General at each agency, new reporting
requirements for agencies to track their responses to and
actions taken in response to Inspector General recommendations,
urging the President to appoint permanent Inspectors General at
agencies where there is currently a vacancy, and any other
effort to ensure accountability from contractors and increase
the capacity of Inspectors General to rout out waste, fraud,
and abuse in all government contracting efforts, by the amounts
provided in such legislation for those purposes, provided that
such legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 364. DEFICIT-NEUTRAL RESERVE FUND FOR INVESTMENTS IN AIR TRAFFIC
CONTROL SERVICES.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
Federal investment in civil air traffic control services, which
may include air traffic management at airport towers across the
United States or at facilities of the Federal Aviation
Administration, by the amounts provided in such legislation for
those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
SEC. 365. DEFICIT-NEUTRAL RESERVE FUND TO ADDRESS PRESCRIPTION DRUG
ABUSE IN THE UNITED STATES.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports related to addressing prescription drug
abuse, by the amounts provided in such legislation for those
purposes, provided that such legislation would not increase the
deficit over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023.
SEC. 366. DEFICIT-NEUTRAL RESERVE FUND TO SUPPORT RURAL SCHOOLS AND
DISTRICTS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports related to the establishment of the Office
of Rural Education Policy within the Department of Education,
which could include a clearinghouse for information related to
the challenges of rural schools and districts or providing
technical assistance within the Department of Education on
rules and regulations that impact rural schools and districts,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 367. DEFICIT-NEUTRAL RESERVE FUND TO STRENGTHEN ENFORCEMENT OF
FREE TRADE AGREEMENT PROVISIONS RELATING TO TEXTILE
AND APPAREL ARTICLES.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that relate to strengthening the enforcement
of provisions of free trade agreements that relate to textile
and apparel articles, which may include increased training with
respect to, and monitoring and verification of, textile and
apparel articles, by the amounts provided in such legislation
for those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
SEC. 368. DEFICIT-NEUTRAL RESERVE FUND TO ASSIST LOW-INCOME SENIORS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
the Older Americans Act of 1965, which may include congregate
and home-delivered meals programs, or other assistance to low-
income seniors, by the amounts provided in such legislation for
those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2013 through 2018 or the period of the total of
fiscal years 2013 through 2023.
SEC. 369. RESERVE FUND TO END OFFSHORE TAX ABUSES BY LARGE
CORPORATIONS.
The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits in this
resolution for one or more bills, joint resolutions,
amendments, amendments between the Houses, motions, or
conference reports related to corporate income taxes, which may
include measures to end offshore tax abuses used by large
corporations, or measures providing for comprehensive tax
reform that ensures a revenue structure that is more efficient,
leads to a more competitive business environment, and may
result in additional rate or deficit reductions, provided that
such legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 370. DEFICIT-NEUTRAL RESERVE FUND TO ENSURE THAT DOMESTIC ENERGY
SOURCES CAN MEET EMISSIONS RULES.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
1 or more bills, joint resolutions, amendments, motions, or
conference reports that are related to the research,
development, and demonstration necessary for domestically
abundant energy sources and current energy technologies to
comply with present and future greenhouse gas emissions rules
while still remaining economically competitive, by the amounts
provided in the legislation for those purposes, provided that
the legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 371. DEFICIT-NEUTRAL RESERVE FUND RELATING TO INCREASING FUNDING
FOR THE INLAND WATERWAYS SYSTEM.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
funding the inland waterways system, by the amounts provided in
such legislation for those purposes, provided that such
legislation would not increase the deficit over either the
period of the total of fiscal years 2013 through 2018 or the
period of the total of fiscal years 2013 through 2023.
SEC. 372. DEFICIT-NEUTRAL RESERVE FUND FOR ACHIEVING FULL AUDITABILITY
OF THE FINANCIAL STATEMENTS OF THE DEPARTMENT OF
DEFENSE BY 2017.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between Houses, motions, or conference reports relating to
achieving full auditability of the financial statements
Department of Defense by 2017, without raising new revenue, by
the amounts provided in such legislation for that purpose,
provided that such legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 373. DEFICIT-NEUTRAL RESERVE FUND RELATING TO SANCTIONS WITH
RESPECT TO IRAN.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
Iran, which may include efforts to clarify that the clearance
and settlement of euro-denominated transactions through
European Union financial institutions may not result in the
evasion of or otherwise undermine the impact of sanctions
imposed with respect to Iran by the United States and the
European Union (including provisions designed to strictly limit
the access of the Government of Iran to its foreign exchange
reserves and the facilitation of transactions on behalf of
sanctioned entities), by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
SEC. 374. DEFICIT-NEUTRAL RESERVE FUND TO PREVENT RESTRICTIONS TO
PUBLIC ACCESS TO FISHING DOWNSTREAM OF DAMS OWNED
BY THE CORPS OF ENGINEERS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
1 or more bills, joint resolutions, amendments, motions, or
conference reports relating to prohibiting the Corps of
Engineers from restricting public access to waters downstream
of a Corps of Engineers dam, without raising new revenue, by
the amounts provided in the legislation for those purposes,
provided that the legislation would not increase the deficit
over either the period of the total of fiscal years 2013
through 2018 or the period of the total of fiscal years 2013
through 2023.
SEC. 375. DEFICIT-NEUTRAL RESERVE FUND TO ADDRESS THE DISPROPORTIONATE
REGULATORY BURDENS ON COMMUNITY BANKS.
The Chairman of the Senate Committee on the Budget may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
alleviating disproportionate regulatory burdens on community
banks, by the amounts provided in such legislation for that
purpose, provided that such legislation would not increase the
deficit over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023.
SEC. 376. DEFICIT-NEUTRAL RESERVE FUND TO AUTHORIZE PROVISION OF PER
DIEM PAYMENTS FOR PROVISION OF SERVICES TO
DEPENDENTS OF HOMELESS VETERANS UNDER LAWS
ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between both Houses, motions, or conference reports related to
care, services, or benefits for homeless veterans, which may
include providing per diem payments for the furnishing of care
for dependents of homeless veterans, without raising new
revenue, by the amounts provided in such legislation for those
purposes, provided that such legislation would not increase the
deficit over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023.
SEC. 377. DEFICIT-NEUTRAL RESERVE FUND TO SUPPORT PROGRAMS RELATED TO
THE NUCLEAR MISSIONS OF THE DEPARTMENT OF DEFENSE
AND THE NATIONAL NUCLEAR SECURITY ADMINISTRATION.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that support programs related to the nuclear
missions of the Department of Defense and the National Nuclear
Security Administration, by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
SEC. 378. DEFICIT-NEUTRAL RESERVE FUND TO PHASE-IN ANY CHANGES TO
INDIVIDUAL OR CORPORATE TAX SYSTEMS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports relating to the phase-in of any changes to
the individual or corporate tax systems, including any changes
to individual or corporate income tax exclusions, exemptions,
deductions, or credits, by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
SEC. 379. DEFICIT-NEUTRAL RESERVE FUND RELATING TO INCREASES IN AID FOR
TRIBAL EDUCATION PROGRAMS.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
increases in aid for tribal education programs, including the
Tribally Controlled Postsecondary Career and Technical
Institutions Program administered by the Department of
Education, by the amounts provided in such legislation for
those purposes, provided that such legislation would not
increase the deficit over either the period of the total of
fiscal years 2014 through 2018 or the period of the total of
fiscal years 2014 through 2023.
SEC. 380. DEFICIT-NEUTRAL RESERVE FUND TO EXPEDITE EXPORTS FROM THE
UNITED STATES.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
1 or more bills, joint resolutions, amendments, motions, or
conference reports related to promoting the export of goods,
including manufactured goods, from the United States through
reform of environmental laws, which may include the regulation
of greenhouse gas emissions produced outside the United States
by goods exported from the United States, without raising new
revenue, by the amounts provided in the legislation for those
purposes, provided that the legislation would not increase the
deficit over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023.
SEC. 381. DEFICIT-NEUTRAL RESERVE FUND RELATING TO SUPPORTING THE
REAUTHORIZATION OF THE PAYMENTS IN LIEU OF TAXES
PROGRAM AT LEVELS ROUGHLY EQUIVALENT TO PROPERTY
TAX REVENUES LOST DUE TO THE PRESENCE OF FEDERAL
LAND.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
1 or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
that make changes to or provide for the reauthorization of the
Payment in Lieu of Taxes program at levels roughly equivalent
to lost tax revenues due to the presence of Federal land
without raising new revenue, by the amounts provided in the
legislation for those purposes, provided that the legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
SEC. 382. DEFICIT-NEUTRAL RESERVE FUND TO ENSURE THAT THE UNITED STATES
WILL NOT NEGOTIATE OR SUPPORT TREATIES THAT VIOLATE
AMERICANS' SECOND AMENDMENT RIGHTS UNDER THE
CONSTITUTION OF THE UNITED STATES.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, amendments
between the Houses, motions, or conference reports relating to
the implementation of treaties, including upholding the
constitutional rights of citizens of the United States when
treaties are negotiated, by the amounts provided in such
legislation for those purposes, provided that such legislation
would not increase the deficit over either the period of the
total of fiscal years 2013 through 2018 or the period of the
total of fiscal years 2013 through 2023.
SEC. 383. DEFICIT-NEUTRAL RESERVE FUND TO INCREASE FUNDING FOR FEDERAL
INVESTMENTS IN BIOMEDICAL RESEARCH.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports related to Federal investments in biomedical
research, by the amounts provided in such legislation for those
purposes, provided that such legislation would not increase the
deficit over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023.
SEC. 384. DEFICIT-NEUTRAL RESERVE FUND TO UPHOLD SECOND AMENDMENT
RIGHTS AND PREVENT THE UNITED STATES FROM ENTERING
INTO THE UNITED NATIONS ARMS TRADE TREATY.
The Chairman of the Committee on the Budget of the Senate
may revise the allocations of a committee or committees,
aggregates, and other appropriate levels in this resolution for
one or more bills, joint resolutions, amendments, motions, or
conference reports that relate to upholding Second Amendment
rights, which shall include preventing the United States from
entering into the United Nations Arms Trade Treaty, by the
amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
or revenues over either the period of the total of fiscal years
2013 through 2018 or the period of the total of fiscal years
2013 through 2023.
TITLE IV-- BUDGET PROCESS
Subtitle A--Budget Enforcement
SEC. 401. DISCRETIONARY SPENDING LIMITS FOR FISCAL YEARS 2013 AND 2014,
PROGRAM INTEGRITY INITIATIVES, AND OTHER
ADJUSTMENTS.
(a) Senate Point of Order.--
(1) In general.--Except as otherwise provided in
this resolution, it shall not be in order in the Senate
to consider any bill or joint resolution (or amendment,
motion, or conference report on that bill or joint
resolution) that would cause the discretionary spending
limits in this section to be exceeded.
(2) Supermajority waiver and appeals.--
(A) Waiver.--This subsection may be waived
or suspended in the Senate only by the
affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(B) Appeals.--Appeals in the Senate from
the decisions of the Chair relating to any
provision of this subsection shall be limited
to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of
the bill or joint resolution. An affirmative
vote of three-fifths of the Members of the
Senate, duly chosen and sworn, shall be
required to sustain an appeal of the ruling of
the Chair on a point of order raised under this
subsection.
(b) Senate Discretionary Spending Limits.--In the Senate
and as used in this section, the term ``discretionary spending
limit'' means--
(1) for fiscal year 2013--
(A) for the security category,
$684,000,000,000 in budget authority; and
(B) for the nonsecurity category,
$359,000,000,000 in budget authority; and
(2) for fiscal year 2014--
(A) for the revised security category,
$497,352,000,000 in budget authority; and
(B) for the revised nonsecurity category,
$469,023,000,000 in budget authority;
as adjusted in conformance with the adjustment procedures in
this resolution.
(c) Adjustments in the Senate.--
(1) In general.--After a bill or joint resolution
relating to any matter described in paragraph (2) or
(3) is placed on the calendar, or upon the offering of
an amendment or motion thereto, or the laying down of
an amendment between the Houses or a conference report
thereon--
(A) the Chairman of the Committee on the
Budget of the Senate may adjust the
discretionary spending limits, budgetary
aggregates, and allocations pursuant to section
302(a) of the Congressional Budget Act of 1974,
by the amount of new budget authority in that
measure for that purpose and the outlays
flowing therefrom; and
(B) following any adjustment under
subparagraph (A), the Committee on
Appropriations of the Senate may report
appropriately revised suballocations pursuant
to section 302(b) of the Congressional Budget
Act of 1974 to carry out this subsection.
(2) Matters described.--Matters referred to in
paragraph (1) are as follows:
(A) Emergency requirements.--Measures
making appropriations in a fiscal year for
emergency requirements (and so designated
pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control
Act of 1985).
(B) Disability reviews and
redeterminations.--Measures making
appropriations in a fiscal year for continuing
disability reviews and redeterminations
(consistent with section 251(b)(2)(B) of the
Balanced Budget and Emergency Deficit Control
Act of 1985).
(C) Health care fraud and abuse.--Measures
making appropriations in a fiscal year for
health care fraud and abuse control (consistent
with section 251(b)(2)(C) of the Balanced
Budget and Emergency Deficit Control Act of
1985).
(D) Disaster relief.--Measures making
appropriations for disaster relief (and so
designated pursuant to section 251(b)(2)(D) of
the Balanced Budget and Emergency Deficit
Control Act of 1985).
(3) Adjustments for overseas contingency
operations.--
(A) Adjustments.--The Chairman of the
Committee on the Budget of the Senate may
adjust the discretionary spending limits,
allocations to the Committee on Appropriations
of the Senate, and aggregates for one or more--
(i) bills reported by the Committee
on Appropriations of the Senate or
passed by the House of Representatives;
(ii) joint resolutions or
amendments reported by the Committee on
Appropriations of the Senate;
(iii) amendments between the Houses
received from the House of
Representatives or Senate amendments
offered by the authority of the
Committee on Appropriations of the
Senate; or
(iv) conference reports;
making appropriations for overseas contingency
operations by the amounts provided in such
legislation for those purposes (and so
designated pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit
Control Act of 1985), up to the amounts
specified in subparagraph (B).
(B) Amounts specified.--The amounts
specified are--
(i) for fiscal year 2013,
$99,670,000,000 in budget authority
(and outlays flowing therefrom); and
(ii) for fiscal year 2014,
$50,000,000,000 in budget authority
(and outlays flowing therefrom).
(d) Definitions.--In this section--
(1) the term ``nonsecurity category'' means all
discretionary appropriations not included in the
security category;
(2) the term ``revised nonsecurity category'' means
all discretionary appropriations other than in budget
function 050;
(3) the term ``revised security category'' means
discretionary appropriations in budget function 050;
and
(4) the term ``security category'' means
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).
SEC. 402. POINT OF ORDER AGAINST ADVANCE APPROPRIATIONS.
(a) In General.--
(1) Point of order.--Except as provided in
subsection (b), it shall not be in order in the Senate
to consider any bill, joint resolution, motion,
amendment, amendment between the Houses, or conference
report that would provide an advance appropriation.
(2) Definition.--In this section, the term
``advance appropriation'' means any new budget
authority provided in a bill or joint resolution making
appropriations for fiscal year 2014 that first becomes
available for any fiscal year after 2014 or any new
budget authority provided in a bill or joint resolution
making appropriations for fiscal year 2015 that first
becomes available for any fiscal year after 2015.
(b) Exceptions.--Advance appropriations may be provided--
(1) for fiscal years 2015 and 2016 for programs,
projects, activities, or accounts identified in the
joint explanatory statement of managers accompanying
this resolution under the heading ``Accounts Identified
for Advance Appropriations'' in an aggregate amount not
to exceed $28,852,000,000 in new budget authority in
each year;
(2) for the Corporation for Public Broadcasting;
and
(3) for the Department of Veterans Affairs for the
Medical Services, Medical Support and Compliance, and
Medical Facilities accounts of the Veterans Health
Administration.
(c) Supermajority Waiver and Appeal.--
(1) Waiver.--In the Senate, subsection (a) may be
waived or suspended only by an affirmative vote of
three-fifths of the Members, duly chosen and sworn.
(2) Appeal.--An affirmative vote of three-fifths of
the Members of the Senate, duly chosen and sworn, shall
be required to sustain an appeal of the ruling of the
Chair on a point of order raised under subsection (a).
(d) Form of Point of Order.--A point of order under
subsection (a) may be raised by a Senator as provided in
section 313(e) of the Congressional Budget Act of 1974.
(e) Conference Reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a bill, upon a point of order being made by any
Senator pursuant to this section, and such point of order being
sustained, such material contained in such conference report
shall be stricken, and the Senate shall proceed to consider the
question of whether the Senate shall recede from its amendment
and concur with a further amendment, or concur in the House
amendment with a further amendment, as the case may be, which
further amendment shall consist of only that portion of the
conference report or House amendment, as the case may be, not
so stricken. Any such motion in the Senate shall be debatable.
In any case in which such point of order is sustained against a
conference report (or Senate amendment derived from such
conference report by operation of this subsection), no further
amendment shall be in order.
(f) Inapplicability.--In the Senate, section 402 of S. Con.
Res. 13 (111th Congress) shall no longer apply.
SEC. 403. ADJUSTMENTS FOR SEQUESTRATION OR SEQUESTRATION REPLACEMENT.
(a) Adjustments Under Current Law.--If the enforcement
procedures established under section 251A of the Balanced
Budget and Emergency Deficit Control Act of 1985 and section
901(e) of the American Taxpayer Relief Act of 2012 go into, or
remain in effect, the Chairman of the Committee on the Budget
of the Senate may adjust the allocation called for in section
302(a) of the Congressional Budget Act of 1974 (2 U.S.C.
633(a)) to the appropriate committee or committees of the
Senate, and may adjust all other budgetary aggregates,
allocations, levels, and limits contained in this resolution,
as necessary, consistent with such enforcement.
(b) Adjustments if Amended.--If a measure becomes law that
amends the discretionary spending limits established under
section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985, the adjustments to discretionary spending
limits under section 251(b) of that Act, or the enforcement
procedures established under section 251A of that Act or
section 901(e) of the American Taxpayer Relief Act of 2012, the
Chairman of the Committee on the Budget of the Senate may
adjust the allocation called for in section 302(a) of the
Congressional Budget Act of 1974 (2 U.S.C. 633(a)) to the
appropriate committee or committees of the Senate, and may
adjust all other budgetary aggregates, allocations, levels, and
limits contained in this resolution, as necessary, consistent
with such measure.
SEC. 404. SENATE POINT OF ORDER AGAINST PROVISIONS OF APPROPRIATIONS
LEGISLATION THAT CONSTITUTE CHANGES IN MANDATORY
PROGRAMS AFFECTING THE CRIME VICTIMS FUND.
(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 or provisions
affecting the Crime Victims Fund (as established by section
1402 of Public Law 98-473 (42 U.S.C. 10601)) which constitutes
a change in a mandatory program 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 (d) and
(e).
(b) 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.
(c) 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.
(d) 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.
(e) 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.
SEC. 405. SUPERMAJORITY ENFORCEMENT.
Section 425(a)(1) and (2) of the Congressional Budget Act
of 1974 shall be subject to the waiver and appeal requirements
of subsections (c)(2) and (d)(3) of section 904 of the
Congressional Budget Act of 1974.
SEC. 406. PROHIBITING THE USE OF GUARANTEE FEES AS AN OFFSET.
(a) Purpose.--The purpose of this section is to ensure that
increases in guarantee fees charged by Fannie Mae and Freddie
Mac shall not be used to offset provisions that increase the
deficit.
(b) Budgetary Rule.--In the Senate, for purposes of
determining budgetary impacts to evaluate points of order under
this resolution and the Congressional Budget Act of 1974, this
resolution, any previous resolution, and any subsequent budget
resolution, provisions contained in any bill, resolution,
amendment, motion, or conference report that increases any
guarantee fees of Fannie Mae and Freddie Mac shall not be
scored with respect to the level of budget authority, outlays,
or revenues contained in such legislation.
Subtitle B--Other Provisions
SEC. 411. OVERSIGHT OF GOVERNMENT PERFORMANCE.
In the Senate, all committees are directed to review
programs and tax expenditures within their jurisdiction to
identify waste, fraud, abuse, or duplication, and increase the
use of performance data to inform committee work. Committees
are also directed to review the matters for congressional
consideration identified on the Government Accountability
Office's High Risk list and the annual report to reduce program
duplication. Based on these oversight efforts and 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 Committees 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 on any concurrent resolution on the budget
shall include in its allocations under section 302(a) of the
Congressional Budget Act of 1974 to the Committees on
Appropriations amounts for the discretionary administrative
expenses of the Social Security Administration and of the
Postal Service.
SEC. 413. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS AND
AGGREGATES.
(a) Application.--Any adjustments of allocations and
aggregates made pursuant to this resolution shall--
(1) apply while that measure is under
consideration;
(2) take effect upon the enactment of that measure;
and
(3) be published in the Congressional Record as
soon as practicable.
(b) Effect of Changed Allocations and Aggregates.--Revised
allocations and aggregates resulting from these adjustments
shall be considered for the purposes of the Congressional
Budget Act of 1974 as allocations and aggregates contained in
this resolution.
(c) Budget Committee Determinations.--For purposes of this
resolution the levels of new budget authority, outlays, direct
spending, new entitlement authority, revenues, deficits, and
surpluses for a fiscal year or period of fiscal years shall be
determined on the basis of estimates made by the Committee on
the Budget of the Senate.
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
Committee on the Budget of the Senate 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.
SEC. 415. EXERCISE OF RULEMAKING POWERS.
Congress adopts the provisions of this title--
(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.
SEC. 416. CONGRESSIONAL BUDGET OFFICE ESTIMATES.
(a) Request for Supplemental Estimates.--In the case of any
legislative provision to which this section applies, the
Congressional Budget Office, with the assistance of the Joint
Committee on Taxation, shall prepare, to the extent
practicable, as a supplement to the cost estimate for
legislation affecting revenues, an estimate of the revenue
changes in connection with such provision that incorporates the
macroeconomic effects of the policy being analyzed. Any
macroeconomic impact statement under the preceding sentence
shall be accompanied by a written statement fully disclosing
the economic, technical, and behavioral assumptions that were
made in producing--
(1) such estimate; and
(2) the conventional estimate in connection with
such provision.
(b) Legislative Provisions to Which This Section Applies.--
This section shall apply to any legislative provision--
(1) which proposes a change or changes to law that
the Congressional Budget Office determines, pursuant to
a conventional fiscal estimate, has a revenue impact in
excess of $5,000,000,000 in any fiscal year; or
(2) with respect to which the chair or ranking
member of the Committee on the Budget of either the
Senate or the House of Representatives has requested an
estimate described in subsection (a).
TITLE V--OTHER MATTERS
SEC. 501. TO REQUIRE TRANSPARENT REPORTING ON THE ONGOING COSTS TO
TAXPAYERS OF OBAMACARE.
When the Congressional Budget Office releases its annual
Update to the Budget and Economic Outlook, the Congressional
Budget Office shall report changes in direct spending and
revenue associated with the Patient Protection and Affordable
Care Act (Public Law 111-148) and the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152), including the
net impact on deficit, both with on-budget and off-budget
effects. The information shall be similar to that provided in
Table 2 of the Congressional Budget Office's March 20, 2010
estimate of the budgetary effects of the Health Care and
Education Reconciliation Act of 2010 and the Patient Protection
and Affordable Care Act (PPACA), as passed by the Senate.
SEC. 502. TO REQUIRE FULLER REPORTING ON POSSIBLE COSTS TO TAXPAYERS OF
OBAMACARE.
When the Congressional Budget Office releases its annual
update to the Budget and Economic Outlook, the Congressional
Budget Office shall provide an analysis of the budgetary
effects of 30 percent, 50 percent, and 100 percent of Americans
losing employer sponsored health insurance and accessing
coverage through Federal or State exchanges.
SEC. 503. TO REQUIRE FULLER REPORTING ON POSSIBLE COSTS TO TAXPAYERS OF
ANY BUDGET SUBMITTED BY THE PRESIDENT.
When the Congressional Budget Office submits its report to
Congress relating to a budget submitted by the President for a
fiscal year under section 1105 of title 31, United States Code,
such report shall contain--
(1) an estimate of the pro rata cost for taxpayers
who will file individual income tax returns for taxable
years ending during such fiscal year of any deficit
that would result from the budget; and
(2) an analysis of the budgetary effects described
in paragraph (1).
SEC. 504. SENSE OF SENATE ON UNDERUTILIZED FACILITIES OF THE NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION AND THEIR
POTENTIAL USE.
(a) Findings.--The Senate finds the following:
(1) The National Aeronautics and Space
Administration (NASA) is the ninth largest real
property holder of the Federal Government, with more
than 124,000 acres and more than 4,900 buildings and
other structures with a replacement value of more than
$30,000,000,000.
(2) The annual operation and maintenance costs of
the National Aeronautics and Space Administration have
increased steadily, and, as of 2012, the Administration
has more than $2,300,000,000 in annual deferred
maintenance costs.
(3) According to Office of Inspector General (OIG)
of the National Aeronautics and Space Administration,
the Administration continues to retain real property
that is underutilized, does not have identified future
mission uses, or is duplicative of other assets in its
real property inventory.
(4) The Office of Inspector General, the Government
Accountability Office (GAO), and Congress have
identified the aging and duplicative infrastructure of
the National Aeronautics and Space Administration as a
high priority and longstanding management challenge.
(5) In the NASA Authorization Act of 2010, Congress
directed the National Aeronautics and Space
Administration to examine its real property assets and
downsize to fit current and future missions and
expected funding levels, paying particular attention to
identifying and removing unneeded or duplicative
infrastructure.
(6) The Office of Inspector General found at least
33 facilities, including wind tunnels, test stands,
airfields, and launch infrastructure, that were
underutilized or for which National Aeronautics and
Space Administration managers could not identify a
future mission use and that the need for these
facilities have declined in recent years as a result of
changes in the mission focus of the Administration, the
condition and obsolescence of some facilities, and the
advent of alternative testing methods.
(7) The Office of Inspector General found that the
National Aeronautics and Space Administration has taken
steps to minimize the costs of continuing to maintain
some of these facilities by placing them in an inactive
state or leasing them to other parties.
(8) The National Aeronautics and Space
Administration has a series of initiatives underway
that, in the judgment of the Office of Inspector
General, are ``positive steps towards `rightsizing' its
real property footprint'', and the Office of Inspector
General has concluded that ``it is imperative that NASA
move forward aggressively with its infrastructure
reduction efforts''.
(9) Existing and emerging United States commercial
launch and exploration capabilities are providing cargo
transportation to the International Space Station and
offer the potential for providing crew support, access
to the International Space Station, and missions to low
Earth orbit while the National Aeronautics and Space
Administration focuses its efforts on heavy-lift
capabilities and deep space missions.
(10) National Aeronautics and Space Administration
facilities and property that are underutilized,
duplicative, or no longer needed for Administration
requirements could be utilized by commercial users and
State and local entities, resulting in savings for the
Administration and a reduction in the burden of the
Federal Government to fund space operations.
(b) Sense of Senate.--It is the sense of the Senate that
the levels in this concurrent resolution assume--
(1) the National Aeronautics and Space
Administration should move forward with plans to reduce
its infrastructure and, to the greatest extent
practicable, make property available for lease to a
government or private tenant or report the property to
the General Services Administration (GSA) for sale or
transfer to another entity;
(2) the National Aeronautics and Space
Administration should pursue opportunities for
streamlined sale or lease of property and facilities,
including for exclusive use, to a private entity, or
expedited conveyance or transfer to a State or
political subdivision, municipality, instrumentality of
a State, or Department of Transportation-licensed
launch site operators for the promotion of commercial
or scientific space activity and for developing and
operating space launch facilities; and
(3) leasing or transferring underutilized
facilities and properties to commercial space entities
or State or local governments will reduce operation and
maintenance costs for the National Aeronautics and
Space Administration, save money for the Federal
Government, and promote commercial space and the
exploration goals of the Administration and the United
States.
Passed the Senate March 23 (legislative day, March 22), 2013.
Attest:
Secretary.
S. Con. Res. 8
------
CONCURRENT RESOLUTION
SELECTED PROVISIONS OF THE COMMITTEE PRINT
ON S. CON. RES. 8
* * * * * * *
Reserve Funds
SEC. 301. RESERVE FUND TO REPLACE SEQUESTRATION.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation that repeals or revises
the enforcement procedures, including sequestration,
established by the Budget Control Act of 20 11.
SEC. 302. RESERVE FUND TO PROMOTE EMPLOYMENT AND JOB GROWTH.
The Committee reported resolution includes a deficit-
neutral reserve fund for legislation to promote employment and
job growth, provide assistance to small business, the
unemployed, or legislation related to trade, including Trade
Adjustment Assistance programs, trade enforcement, or
international agreements for economic assistance.
SEC. 303. RESERVE FUND TO ASSIST WORKING FAMILIES AND CHILDREN.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation related to the Social
Services Block Grant (SSBG), the Temporary Assistance for Needy
Families (TANF) program, child support enforcement programs, or
related programs that provide a critical safety net. The
reserve fund could also be used for legislation providing
housing assistance, including working family rental assistance.
In addition, the reserve fund could be used for legislation
related to child welfare programs, including the Federal foster
care payment system.
SEC. 304. RESERVE FUND FOR EARLY CHILDHOOD EDUCATION.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation related to pre-
kindergarten programs serving low-income children, child care
assistance for working families, or home visiting programs
serving low-income mothers-to-be and low-income families.
SEC. 305. RESERVE FUND FOR TAX RELIEF.
The Committee-reported resolution includes a deficit
neutral reserve fund for legislation that provides for tax
relief, including extensions of expiring tax relief or
refundable tax relief, relief that supports innovation by U.S.
enterprises, or relief that expands the ability of startup
companies to benefit from the credit for research and
experimentation expenses.
SEC. 306. RESERVE FUND FOR TAX REFORM.
The Committee-reported resolution includes a reserve fund
for legislation that reforms the Internal Revenue Code to
ensure a sustainable revenue base that leads to a fairer, more
progressive, and more efficient tax system than currently
exists, and to a more competitive business environment for U.S.
enterprises.
SEC. 307. RESERVE FUND TO INVEST IN CLEAN ENERGY AND PRESERVE THE
ENVIRONMENT.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation that would invest in clean
energy or preserve the environment. The reserve fund could be
used for legislation related to the reduction of our Nation's
dependence on imported energy, the investment of receipts from
domestic energy production, energy conservation and renewable
energy development, or new or existing approaches to clean
energy financing. It could also be used for legislation related
to the Low-Income Home Energy Assistance Program, Federal
programs for land and water conservation and acquisition, or
greenhouse gas emissions levels. It applies to legislation that
preserves, restores, or protects the Nation's public lands,
oceans, coastal areas, or aquatic systems. The reserve fund may
also be used for legislation implementing agreements between
the U.S. and jurisdictions of the former Trust Territory,
providing additional resources for wildland fire management
activities, or restructuring the nuclear waste program.
SEC. 308. RESERVE FUND FOR INVESTMENTS IN AMERICA'S INFRASTRUCTURE.
The Committee reported resolution includes a deficit-
neutral reserve fund for legislation that would provide for
Federal investment in America's infrastructure, which may
include projects for transportation, housing, energy, water,
telecommunications, or financing through tax credit bonds.
SEC. 309. RESERVE FUND FOR AMERICA'S SERVICE MEMBERS AND VETERANS.
The Committee reported resolution includes a deficit-
neutral reserve fund for legislation that relates to the
eligibility for both military retired pay and veterans'
disability compensation (concurrent receipt), the reduction or
elimination of the offset between Survivor Benefit Plan
annuities and Veterans' Dependency and Indemnity Compensation,
or the improvement of disability benefits or the process of
evaluating and adjudicating benefit claims for members of the
Armed Forces or veterans. It may also be used for legislation
addressing the infrastructure needs of the Department of
Veterans Affairs, or for legislation to support the transition
of service members to the civilian workforce.
SEC. 310. RESERVE FUND FOR HIGHER EDUCATION.
The Committee-reported resolution includes a deficit-
neutral reserve fund that provides for making higher education
more accessible, which may include legislation to increase
college enrollment and completion rates for low-income students
or promote college savings.
SEC. 311. RESERVE FUND FOR HEALTH CARE.
The Committee-reported resolution includes deficit-neutral
reserve funds for legislation that would improve health care.
The reserve funds could be used for legislation that increases
payments made under, or permanently reforms or replaces, the
Medicare Sustainable Growth Rate (SGR) formula. The reserve
funds could also be used for legislation that extends expiring
Medicare, Medicaid, or other health provisions. They could also
be used for legislation that promotes improvements to health
care delivery systems, which may include changes that increase
care quality, encourage efficiency, or improve care
coordination. Legislation making such changes must improve the
fiscal sustainability of federal health spending over the long
term. In addition, the reserve funds could be used for
legislation protecting access to outpatient therapy services
through measures such as repealing or increasing the current
outpatient therapy caps. The reserve funds also apply to
legislation relating to drug safety, which may include
legislation that permits the safe importation of prescription
drugs approved by the Food and Drug Administration from a list
of specified countries.
SEC. 312. RESERVE FUND FOR INVESTMENT IN OUR NATION'S COUNTIES AND
SCHOOLS.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation that would change or
reauthorize the Secure Rural Schools and Community Self
Determination Act of 2000, change the Payments in Lieu of Taxes
Act of 1976, or both.
SEC. 313. RESERVE FUND FOR A FARM BILL.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation that reauthorizes the
Food, Conservation, and Energy Act of 2008 or prior acts,
authorizes similar or related programs, or provides for revenue
changes, or any combination of those purposes.
SEC. 314. RESERVE FUND FOR INVESTMENTS IN WATER INFRASTRUCTURE AND
RESOURCES.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation that provides for water
infrastructure programs, which may include flood control and
storm damage reduction, navigation, environmental restoration,
wastewater, drinking water, or water supply programs. The
reserve fund also includes legislation that makes changes to
the collection and expenditure of the Harbor Maintenance Tax in
order to address the land border loophole and to ensure that
funds collected are spent on their intended uses.
SEC. 315. RESERVE FUND FOR PENSION REFORM.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation that strengthens and
reforms the pension system.
SEC. 316. RESERVE FUND FOR HOUSING FINANCE REFORM.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation that promotes appropriate
access to mortgage credit for individuals and families or
examines the role of government in the secondary mortgage
market, which may include legislation to restructure
government-sponsored enterprises or provide for mortgage
refinance opportunities.
SEC. 317. RESERVE FUND FOR NATIONAL SECURITY.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation that supports Department
of Defense auditability and acquisition reform efforts.
SEC. 318. RESERVE FUND FOR OVERSEAS CONTINGENCY OPERATIONS.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation that provides additional
funding for Overseas Contingency Operations.
SEC. 319. RESERVE FUND FOR TERRORISM RISK INSURANCE.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation that makes changes to or
provides for the reauthorization of the Terrorism Risk
Insurance Act.
SEC. 320. RESERVE FUND FOR POSTAL REFORM.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation to strengthen and reform
the United States Postal Service.
SEC. 321. RESERVE FUND FOR GOVERNMENT REFORM AND EFFICIENCY.
The Committee-reported resolution includes a deficit-
reduction reserve fund that would authorize the Chairman of the
Budget Committee to revise committee allocations, revise
aggregates other appropriate levels in the resolution, and make
adjustments to the Senate's PAYGO ledger, upon enactment of
legislation that saves money through the use of performance
data or scientifically rigorous evaluation methodologies for
the elimination, consolidation, or reform of Federal programs,
agencies, offices, and initiatives, or the sale of Federal
property, or the reduction of improper payments.
SEC. 322. RESERVE FUND TO IMPROVE FEDERAL BENEFIT PROCESSING.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation related to business
process changes at the Office of Personnel Management, which
may include processing times for federal employee benefits or
other efficiencies or operational changes.
SEC. 323. RESERVE FUND FOR LEGISLATION TO IMPROVE VOTER REGISTRATION
AND THE VOTING EXPERIENCE IN FEDERAL ELECTIONS.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation related to the improvement
of voter registration and the voting experience in Federal
elections, which may include funding measures or other measures
addressing voter registration or election reform.
SEC. 324. RESERVE FUND TO PROMOTE CORPORATE TAX FAIRNESS.
The Committee-reported resolution includes a deficit-
reduction reserve fund for legislation related to corporate
income taxes, which may include measures addressing loopholes
used by large profitable corporations that pay no federal
income tax. The reserve fund authorizes the Chairman of the
Committee on the Budget to make adjustments to the Senate's
PAYGO ledger to ensure that any deficit reduction achieved upon
enactment of such legislation is used for deficit reduction
only.
SEC. 325. RESERVE FUND FOR IMPROVING FEDERAL FOREST MANAGEMENT.
The Committee reported resolution includes a deficit-
neutral reserve fund for legislation relating to the management
of federal forestlands. Legislation may address the increase of
timber production within sustainable levels, the protection of
communities from wildfires, or the enhancement of forest
resilience to insects or disease; or the improvement,
protection, or restoration of watersheds and forest ecosystems.
SEC. 326. RESERVE FUND FOR FINANCIAL TRANSPARENCY.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation to increase the
transparency of financial and performance information for
Federal agencies.
SEC. 327. RESERVE FUND TO PROMOTE MANUFACTURING IN THE UNITED STATES.
The Committee reported resolution includes a deficit-
neutral reserve fund for legislation related to the investment
in the U.S. manufacturing sector, which may include educational
or research and development initiatives, public-private
partnerships, or other programs.
SEC. 328. RESERVE FUND FOR REPORT ELIMINATION OR MODIFICATION.
The Committee-reported resolution includes a deficit-
reduction reserve fund for legislation that achieves savings
through the elimination, modification, or the reduction in
frequency of congressionally mandated reports from Federal
agencies. The reserve fund authorizes the Chairman of the
Committee on the Budget to make adjustments to the Senate's
PAYGO ledger to ensure that any deficit reduction achieved is
used for deficit reduction only.
SEC. 329. RESERVE FUND FOR THE MINIMUM WAGE.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation relating to income
inequality, which may include an increase in the minimum wage.
SEC. 330. RESERVE FUND TO IMPROVE HEALTH OUTCOMES AND LOWER COSTS FOR
CHILDREN IN MEDICAID.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation related to preserving
Medicaid's role in protecting children's health care. The
reserve fund also provides for legislation to improve the
health outcomes and lower costs for medically complex children
in Medicaid, which may include creating or expanding integrated
delivery models or improving care coordination.
SEC. 331. RESERVE FUND TO IMPROVE FEDERAL WORKFORCE DEVELOPMENT, JOB
TRAINING, AND REEMPLOYMENT PROGRAMS.
The Committee-reported resolution includes a deficit-
neutral reserve fund for legislation that would reduce
inefficient overlap, improve access, and enhance outcomes with
federal workforce development, job training, and reemployment
programs.
* * * * * * *
SEC. 401. DISCRETIONARY SPENDING LIMITS, PROGRAM INTEGRITY INITIATIVES,
AND OTHER ADJUSTMENTS.
The Committee-reported resolution strengthens fiscal
responsibility by establishing discretionary spending limits
for 2013 and 2014, and enforcing them with a point of order in
the Senate that can be waived only with 60 votes. The
discretionary caps contain a ``firewall'' between security and
nonsecurity spending for fiscal year 2013. The 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, and all budget accounts in
function 150 (international affairs). The nonsecurity category
includes all other discretionary appropriations.
The discretionary caps also contain a firewall between a
revised security category and a revised nonsecurity category
for fiscal year 2014. The revised security category includes
discretionary appropriations in budget function 050 (defense).
The revised nonsecurity category includes all other
discretionary appropriations. The point of order can be raised
against legislation breaching the caps in either category.
The Committee-reported resolution permits adjustments to
the discretionary spending limits, allocations, and aggregates
for certain legislation making appropriations for emergency
requirements, disability reviews and redeterminations, health
care fraud and abuse control, disaster relief, and overseas
contingency operations. These adjustments are consistent with
those included in the BCA. The adjustments for overseas
contingency operations are limited in the resolution to certain
dollar amounts for each of fiscal years 2013 and 2014.
SEC. 402. ADVANCE APPROPRIATIONS.
The Committee-reported resolution provides a supermajority
point of order in the Senate against appropriations in 2014
bills that would first become effective in any year after 2014,
and against appropriations in 2015 bills that would first
become effective in any year after 2015. It does not apply
against appropriations for veterans' medical services, support,
or facilities, or the Corporation for Public Broadcasting.
Additionally, there is an exemption for each of2015 and 2016 of
up to $28.852 billion for the following:
ACCOUNTS IDENTIFIED FOR ADVANCE APPROPRIATIONS IN THE SENATE
Labor, HHS:
Employment and Training Administration
Job Corps
Education for the Disadvantaged
School Improvement
Special Education
Career, Technical, and Adult Education
Financial Services and General Government:
Payment to Postal Service
Transportation, Housing and Urban Development:
Tenant-based Rental Assistance
Project-based Rental Assistance
SEC. 403. ADJUSTMENTS FOR SEQUESTRATION OR SEQUESTRATION REPLACEMENT.
Because the discretionary spending limits described above
as well as aggregates and committee allocations must comply
with the Budget Control Act of 2011 (BCA) until the
sequestration process is replaced, the Committee-reported
resolution permits adjustments to the allocations, aggregates,
levels and limits in the resolution if the enforcement
procedures, including sequestration, established by the BCA and
modified by the American Taxpayer Relief Act of 2012 remain or
go into effect. This section also allows for adjustments if a
law is enacted that amends those enforcement procedures or the
BCA discretionary spending limits contained in the Balanced
Budget and Emergency Deficit Control Act of 1985. It also
allows for adjustments for program integrity initiatives to
fund anti-fraud activities or for legislation to fund
investments that will lay the foundation for job growth and
long-term economic development.
SEC. 404. SENATE POINT OF ORDER AGAINST PROVISIONS OF APPROPRIATIONS
LEGISLATION THAT CONSTITUTE CHANGES IN MANDATORY
PROGRAMS AFFECTING THE CRIME VICTIMS FUND.
The Committee-reported resolution includes a new 6O-vote
point of order that applies to appropriations legislation
containing one or more provisions that constitute a change in a
mandatory program that affects the Crime Victims Fund, as
defined by section 10601 of title 42, United States Code.
OTHER MATTERS
SEC. 501. TO REQUIRE TRANSPARENT REPORTING ON THE ONGOING COSTS TO
TAXPAYERS OF OBAMACARE.
The Committee-reported resolution directs the Congressional
Budget Office, upon the release of its annual Update to the
Budget and Economic Outlook, to report changes in direct
spending and revenue associated with the Patient Protection and
Affordable Care Act (Public Law 111-148) and the Health Care
and Education Reconciliation Act of2010 (Public Law 111-152),
including the net impact on deficit, both with on-budget and
off-budget effects.
SEC. 502. TO REQUIRE FULLER REPORTING ON POSSIBLE COSTS TO TAXPAYERS OF
OBAMACARE.
The Committee-reported resolution directs the Congressional
Budget Office, upon the release of its annual update to the
Budget and Economic Outlook, to provide an analysis of the
budgetary effects of 30 percent, 50 percent, and 100 percent of
Americans losing employer sponsored health insurance and
accessing coverage through Federal or state exchanges.
* * * * * * *
H. Res. 438
------
[Report No. 113-290]
Providing for consideration of the Senate amendment to the
joint resolution (H.J. Res. 59) making continuing
appropriations for fiscal year 2014, and for other purposes;
providing for consideration of motions to suspend the rules;
providing for proceedings during the period from December 14,
2013, through January 6, 2014; and for other purposes.
------
IN THE HOUSE OF REPRESENTATIVES
December 11, 2013
Mr. Woodall, from the Committee on Rules, reported the
following resolution; which was referred to the House
Calendar and ordered to be printed
RESOLUTION
Providing for consideration of the Senate amendment to the
joint resolution (H.J. Res. 59) making continuing
appropriations for fiscal year 2014, and for other purposes;
providing for consideration of motions to suspend the rules;
providing for proceedings during the period from December 14,
2013, through January 6, 2014; and for other purposes.
Resolved, That upon adoption of this resolution it shall be
in order to take from the Speaker's table the joint resolution
(H.J. Res. 59) making continuing appropriations for fiscal year
2014, and for other purposes, with the House amendment to the
Senate amendment thereto, and to consider in the House, without
intervention of any point of order, a motion offered by the
chair of the Committee on the Budget or his designee that the
House recede from its amendment and concur in the Senate
amendment with the amendment printed in part A of the report of
the Committee on Rules accompanying this resolution modified by
the amendment printed in part B of that report. The Senate
amendment and the motion shall be considered as read. The
motion shall be debatable for 70 minutes, with 60 minutes
equally divided and controlled by the chair and ranking
minority member of the Committee on the Budget and 10 minutes
equally divided and controlled by the chair and ranking
minority member of the Committee on Energy and Commerce. The
previous question shall be considered as ordered on the motion
to its adoption without intervening motion or demand for
division of the question.
Sec. 2. The chair of the Committee on the Budget may
insert in the Congressional Record at any time during the
remainder of the first session of the 113th Congress such
material as he may deem explanatory of the motion specified in
the first section of this resolution.
Sec. 3. In the engrossment of the House amendment to the
Senate amendment to House Joint Resolution 59, the Clerk may
conform division, title, and section numbers and conform cross-
references and provisions for short titles.
* * * * * * *
Selected Provisions of the Report on H. Res. 438
Summary of Provisions of the Resolution
The resolution provides for the consideration of the Senate
amendment to H.J. Res. 59. The resolution makes in order a
motion offered by the chair of the Committee on the Budget or
his designee that the House recede from its amendment and
concur in the Senate amendment with the amendment printed in
part A this report as modified by the amendment printed in part
B of this report. The resolution provides 70 minutes of debate
on the motion with 60 minutes equally divided and controlled by
the chair and ranking minority member of the Committee on the
Budget and 10 minutes equally divided and controlled by the
chair and ranking minority member of the Committee on Energy
and Commerce. The resolution waives all points of order against
consideration of the motion and provides that the motion shall
not be subject to a demand for division of the question. The
resolution provides that the Senate amendment and the motion
shall be considered as read.
Section 2 of the resolution provides that chair of the
Committee on the Budget may insert in the Congressional Record
at any time during the remainder of the first session of the
113th Congress such material as he may deem explanatory of the
motion specified in section 1.
Section 3 of the resolution provides that in the
engrossment of the House amendment to the Senate amendment to
House Joint Resolution 59, the Clerk may conform division,
title, and section numbers and conform cross-references and
provisions for short titles.
* * * * * * *
Legislative Text of H.J. Res. 59
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That
DIVISION A--BIPARTISAN BUDGET AGREEMENT
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Bipartisan Budget Act of 2013''.
(b) Table of Contents.--The table of contents of this
division is as follows:
DIVISION A--BUDGET ENFORCEMENT AND DEFICIT REDUCTION
Sec. 1. Short title and table of contents.
TITLE I--BUDGET ENFORCEMENT
Subtitle A--Amendments to the Balanced Budget and Emergency Deficit
Control Act of 1985
Sec. 101. Amendments to the Balanced Budget and Emergency Deficit
Control Act of 1985.
Subtitle B--Establishing a Congressional Budget
Sec. 111. Fiscal year 2014 budget resolution.
Sec. 112. Limitation on advance appropriations in the Senate.
Sec. 113. Rule of construction in the House of Representatives.
Sec. 114. Additional Senate budget enforcement.
Sec. 115. Authority for fiscal year 2015 budget resolution in the House
of Representatives.
Sec. 116. Authority for fiscal year 2015 budget resolution in the
Senate.
Sec. 117. Exclusion of savings from PAYGO scorecards.
Sec. 118. Exercise of rulemaking powers.
Subtitle C--Technical Corrections
Sec. 121. Technical corrections to the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 122. Technical corrections to the Congressional Budget Act of 1974.
TITLE II--PREVENTION OF WASTE, FRAUD, AND ABUSE
Sec. 201. Improving the collection of unemployment insurance
overpayments.
Sec. 202. Strengthening Medicaid Third-Party Liability.
Sec. 203. Restriction on access to the death master file.
Sec. 204. Identification of inmates requesting or receiving improper
payments.
TITLE III--NATURAL RESOURCES
Sec. 301. Ultra-deepwater and unconventional natural gas and other
petroleum resources.
Sec. 302. Amendment to the Mineral Leasing Act.
Sec. 303. Approval of agreement with Mexico.
Sec. 304. Amendment to the Outer Continental Shelf Lands Act.
Sec. 305. Federal oil and gas royalty prepayment cap.
Sec. 306. Strategic Petroleum Reserve.
TITLE IV--FEDERAL CIVILIAN AND MILITARY RETIREMENT
Sec. 401. Increase in contributions to Federal Employees Retirement
System for new employees.
Sec. 402. Foreign Service Pension System.
Sec. 403. Annual adjustment of retired pay and retainer pay amounts for
retired members of the Armed Forces under age 62.
TITLE V--HIGHER EDUCATION
Sec. 501. Default reduction program.
Sec. 502. Elimination of nonprofit servicing contracts.
TITLE VI--TRANSPORTATION
Sec. 601. Aviation security service fees.
Sec. 602. Transportation cost reimbursement.
Sec. 603. Sterile areas at airports.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Extension of customs user fees.
Sec. 702. Limitation on allowable government contractor compensation
costs.
Sec. 703. Pension Benefit Guaranty Corporation premium rate increases.
Sec. 704. Cancellation of Unobligated Balances.
Sec. 705. Conservation planning technical assistance user fees.
Sec. 706. Self plus one coverage.
(c) References.--Except as expressly provided otherwise,
any reference to ``this Act'' contained in any division of this
Act shall be treated as referring only to the provisions of
that division.
TITLE I--BUDGET ENFORCEMENT
Subtitle A--Amendments to the Balanced Budget and Emergency Deficit
Control Act of 1985
SEC. 101. AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT
CONTROL ACT OF 1985.
(a) Revised Discretionary Spending Limits.--Section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of
1985 is amended by striking paragraphs (1) through (10) and
inserting the following new paragraphs:
``(1) for fiscal year 2014--
``(A) for the revised security category,
$520,464,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$491,773,000,000 in new budget authority;
``(2) for fiscal year 2015--
``(A) for the revised security category,
$521,272,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$492,356,000,000 in new budget authority;
``(3) for fiscal year 2016--
``(A) for the revised security category,
$577,000,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$530,000,000,000 in new budget authority;
``(4) for fiscal year 2017--
``(A) for the revised security category,
$590,000,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$541,000,000,000 in new budget authority;
``(5) for fiscal year 2018--
``(A) for the revised security category,
$603,000,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$553,000,000,000 in new budget authority;
``(6) for fiscal year 2019--
``(A) for the revised security category,
$616,000,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$566,000,000,000 in new budget authority;
``(7) for fiscal year 2020--
``(A) for the revised security category,
$630,000,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$578,000,000,000 in new budget authority; and
``(8) for fiscal year 2021--
``(A) for the revised security category,
$644,000,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$590,000,000,000 in new budget authority;''.
(b) Direct Spending Adjustments for Fiscal Years 2014 and
2015.--(1) Section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985, as redesignated by subsection (d),
is amended by adding at the end the following new paragraph:
``(10) Implementing direct spending reductions for
fiscal years 2014 and 2015.--(A) OMB shall make the
calculations necessary to implement the direct spending
reductions calculated pursuant to paragraphs (3) and
(4) without regard to the amendment made to section
251(c) revising the discretionary spending limits for
fiscal years 2014 and 2015 by the Bipartisan Budget Act
of 2013.
``(B) Paragraph (5)(B) shall not be implemented for
fiscal years 2014 and 2015.''.
(2) Paragraph (5)(B) of section 251A of the Balanced Budget
and Emergency Deficit Control Act of 1985, as redesignated by
subsection (d)(2)(C) of this section, is amended by striking
``On'' and inserting ``Except as provided by paragraph (10),
on''.
(c) Extension of Direct Spending Reductions for Fiscal
Years 2022 and 2023.--Paragraph (6), as redesignated by
subsection (d)(2)(C) of this section, of section 251A of the
Balanced Budget and Emergency Deficit Control Act of 1985 is
amended by inserting ``(A)'' before ``On the date'' and by
adding at the end the following new subparagraph:
``(B) On the dates OMB issues its sequestration
preview reports for fiscal year 2022 and for fiscal
year 2023, pursuant to section 254(c), the President
shall order a sequestration, effective upon issuance
such that--
``(i) the percentage reduction for
nonexempt direct spending for the defense
function is the same percent as the percentage
reduction for nonexempt direct spending for the
defense function for fiscal year 2021
calculated under paragraph (3)(B); and
``(ii) the percentage reduction for
nonexempt direct spending for nondefense
functions is the same percent as the percentage
reduction for nonexempt direct spending for
nondefense functions for fiscal year 2021
calculated under paragraph (4)(B).''.
(d) Conforming Amendments.--Part C of title II of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) is amended--
(1) in section 250(c)(4) (2 U.S.C. 900(c)(4)), by
adding at the end the following:
``(D) The term `revised security category' means
discretionary appropriations in budget function 050.
``(E) The term `revised nonsecurity category' means
discretionary appropriations other than in budget
function 050.
``(F) The term `category' means the subsets of
discretionary appropriations in section 251(c).
Discretionary appropriations in each of the categories
shall be those designated in the joint explanatory
statement accompanying the conference report on the
Balanced Budget Act of 1997. New accounts or activities
shall be categorized only after consultation with the
Committees on Appropriations and the Budget of the
House of Representatives and the Senate and that
consultation shall, to the extent practicable, include
written communication to such committees that affords
such committees the opportunity to comment before
official action is taken with respect to new accounts
or activities.''; and
(2) in section 251A (2 U.S.C. 901a)--
(A) by striking, in the matter preceding
paragraph (1), ``Unless'' through ``as
follows:'' and inserting the following:
``Discretionary appropriations and direct
spending accounts shall be reduced in
accordance with this section as follows:'';
(B) by striking paragraphs (1) and (2);
(C) by redesignating paragraphs (3) through
(11) as paragraphs (1) through (9),
respectively;
(D) in paragraph (2), as redesignated, by
striking ``paragraph (3)'' and inserting
``paragraph (1)'';
(E) in paragraph (3), as redesignated, by
striking ``paragraph (4)'' each place it
appears and inserting ``paragraph (2)'';
(F) in paragraph (4), as redesignated, by
striking ``paragraph (4)'' each place it
appears and inserting ``paragraph (2)'';
(G) in paragraph (5), as redesignated--
(i) by striking ``paragraph (5)''
each place it appears and inserting
``paragraph (3)''; and
(ii) by striking ``paragraph (6)''
each place it appears and inserting
``paragraph (4)'';
(H) in paragraph (6), as redesignated--
(i) by striking ``paragraph (4)''
and inserting ``paragraph (2)''; and
(ii) by striking ``paragraphs (5)
and (6)'' and inserting ``paragraphs
(3) and (4)'';
(I) in paragraph (7), as redesignated--
(i) by striking ``paragraph (8)''
and inserting ``paragraph (6)''; and
(ii) by striking ``paragraph (6)''
each place it appears and inserting
``paragraph (4)''; and
(J) in paragraph (9), as redesignated, by
striking ``paragraph (4)'' and inserting
``paragraph (2)''.
Subtitle B--Establishing a Congressional Budget
SEC. 111. FISCAL YEAR 2014 BUDGET RESOLUTION.
(a) Fiscal Year 2014.--For the purpose of enforcing the
Congressional Budget Act of 1974 for fiscal year 2014, and
enforcing, in the Senate, budgetary points of order in prior
concurrent resolutions on the budget, the allocations,
aggregates, and levels provided for in subsection (b) shall
apply in the same manner as for a concurrent resolution on the
budget for fiscal year 2014 with appropriate budgetary levels
for fiscal year 2014 and for fiscal years 2015 through 2023.
(b) Committee Allocations, Aggregates, and Levels.--The
Chairmen of the Committee on the Budget of the House of
Representatives and the Senate shall each submit a statement
for publication in the Congressional Record as soon as
practicable after the date of enactment of this Act that
includes--
(1) for the Committee on Appropriations of that
House, committee allocations for fiscal year 2014
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;
(2) for all committees of that House other than the
Committee on Appropriations, committee allocations
for--
(A) fiscal year 2014;
(B) fiscal years 2014 through 2018 in the
Senate only; and
(C) fiscal years 2014 through 2023;
consistent with the May 2013 baseline of the
Congressional Budget Office adjusted to account for the
budgetary effects of this Act and legislation enacted
prior to this Act but not included in the May 2013
baseline of the Congressional Budget Office, for the
purpose of enforcing section 302 of the Congressional
Budget Act of 1974;
(3) aggregate spending levels for fiscal year 2014
in accordance with the allocations established under
paragraphs (1) and (2), for the purpose of enforcing
section 311 of the Congressional Budget Act of 1974;
(4) aggregate revenue levels for--
(A) fiscal year 2014;
(B) fiscal years 2014 through 2018 in the
Senate only; and
(C) fiscal years 2014 through 2023;
consistent with the May 2013 baseline of the
Congressional Budget Office adjusted to account for the
budgetary effects of this Act and legislation enacted
prior to this Act but not included in the May 2013
baseline of the Congressional Budget Office, for the
purpose of enforcing section 311 of the Congressional
Budget Act of 1974; and
(5) in the Senate only, levels of Social Security
revenues and outlays for fiscal year 2014 and for the
periods of fiscal years 2014 through 2018 and 2014
through 2023 consistent with the May 2013 baseline of
the Congressional Budget Office adjusted to account for
the budgetary effects of this Act and legislation
enacted prior to this Act but not included in the May
2013 baseline of the Congressional Budget Office, for
the purpose of enforcing sections 302 and 311 of the
Congressional Budget Act of 1974.
(c) Further Adjustments.--After the date of enactment of
this Act, the Chairman of the Committee on the Budget of the
House of Representatives may reduce the aggregates,
allocations, and other budgetary levels included in the
statement of the Chairman of the Committee on the Budget of the
House of Representatives referred to in subsection (b) to
reflect the budgetary effects of any legislation enacted during
the 113th Congress that reduces the deficit.
SEC. 112. LIMITATION ON ADVANCE APPROPRIATIONS IN THE SENATE.
(a) Point of Order Against Advance Appropriations in the
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, amendment between the
Houses, 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 2014 that first becomes available for any
fiscal year after 2014 or any new budget
authority provided in a bill or joint
resolution making appropriations for fiscal
year 2015 that first becomes available for any
fiscal year after 2015.
(2) Exceptions.--Advance appropriations may be
provided--
(A) for fiscal years 2015 and 2016 for
programs, projects, activities, or accounts
identified in a statement submitted to the
Congressional Record by the Chairman of the
Committee on the Budget of the Senate under the
heading ``Accounts Identified for Advance
Appropriations'' in an aggregate amount not to
exceed $28,852,000,000 in new budget authority
in each fiscal year;
(B) for the Corporation for Public
Broadcasting; and
(C) for the Department of Veterans Affairs
for the Medical Services, Medical Support and
Compliance, and Medical Facilities accounts of
the Veterans Health Administration.
(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 or
amendment between the Houses shall be 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) Inapplicability.--In the Senate, section 402 of
S. Con. Res. 13 (111th Congress) shall no longer apply.
(b) Expiration.--Subsection (a) shall expire if a
concurrent resolution on the budget for fiscal year 2015 is
agreed to by the Senate and House of Representatives pursuant
to section 301 of the Congressional Budget Act of 1974.
SEC. 113. RULE OF CONSTRUCTION IN THE HOUSE OF REPRESENTATIVES.
In the House of Representatives, for the remainder of the
113th Congress, the provisions of H. Con. Res. 25 (113th
Congress), as deemed in force by H. Res. 243 (113th Congress),
shall remain in force to the extent its budgetary levels are
not superseded by this subtitle or by further action of the
House of Representatives.
SEC. 114. ADDITIONAL SENATE BUDGET ENFORCEMENT.
(a) Senate Pay-As-You-Go Scorecard.--
(1) In general.--Effective on the date of enactment
of this Act, for the purpose of enforcing section 201
of S. Con. Res. 21 (110th Congress), the Chairman of
the Committee on the Budget of the Senate shall reduce
any balances of direct spending and revenues for any
fiscal year to zero.
(2) Fiscal year 2015.--After April 15, 2014, but
not later than May 15, 2014, for the purpose of
enforcing section 201 of S. Con. Res. 21 (110th
Congress), the Chairman of the Committee on the Budget
of the Senate shall reduce any balances of direct
spending and revenues for any fiscal year to zero.
(3) Publication.--Upon resetting the Senate paygo
scorecard pursuant to paragraph (2), the Chairman of
the Committee on the Budget of the Senate shall publish
a notification of such action in the Congressional
Record.
(b) Further Adjustments.--With respect to any allocations,
aggregates, or levels set or adjustments made pursuant to this
subtitle, sections 412 through 414 of S. Con. Res. 13 (111th
Congress) shall remain in effect.
(c) Deficit-Neutral Reserve Fund To Replace
Sequestration.--The Chairman of the Committee on the Budget of
the Senate may revise the allocations of a committee or
committees, aggregates, and other appropriate levels and limits
set pursuant to this subtitle for one or more bills, joint
resolutions, amendments, motions, or conference reports that
amend section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a) to repeal or revise the
enforcement procedures established under that section, by the
amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over the period of the total of fiscal years 2014 through 2023.
For purposes of determining deficit-neutrality under this
subsection, the Chairman may include the estimated effects of
any amendment or amendments to the discretionary spending
limits in section 251(c) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(c)).
(d) Additional Deficit-Neutral Reserve Funds.--In the
Senate only, sections 302, 303, 304, 305, 306, 307, 308, 309,
310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 322,
323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334,
335, 338, 339, 340, 341, 344, 348, 349, 350, 353, 354, 356,
361, 363, 364, 365, 366, 367, 368, 369, 371, 376, 378, 379, and
383 of S. Con. Res. 8 (113th Congress), as passed the Senate,
shall have force and effect.
(e) Expiration.--Subsections (a)(2), (c), and (d) shall
expire if a concurrent resolution on the budget for fiscal year
2015 is agreed to by the Senate and House of Representatives
pursuant to section 301 of the Congressional Budget Act of
1974.
SEC. 115. AUTHORITY FOR FISCAL YEAR 2015 BUDGET RESOLUTION IN THE HOUSE
OF REPRESENTATIVES.
(a) Fiscal Year 2015.--If a concurrent resolution on the
budget for fiscal year 2015 has not been adopted by April 15,
2014, for the purpose of enforcing the Congressional Budget Act
of 1974, the allocations, aggregates, and levels provided for
in subsection (b) shall apply in the House of Representatives
after April 15, 2014, in the same manner as for a concurrent
resolution on the budget for fiscal year 2015 with appropriate
budgetary levels for fiscal year 2015 and for fiscal years 2016
through 2024.
(b) Committee Allocations, Aggregates, and Levels.--In the
House of Representatives, the Chairman of the Committee on the
Budget shall submit a statement for publication in the
Congressional Record after April 15, 2014, but not later than
May 15, 2014, containing--
(1) for the Committee on Appropriations, committee
allocations for fiscal year 2015 at the total level as
set forth in section 251(c)(2) of the Balanced Budget
and Emergency Deficit Control Act of 1985 for the
purpose of enforcing section 302 of the Congressional
Budget Act of 1974;
(2) for all committees other than the Committee on
Appropriations, committee allocations for fiscal year
2015 and for the period of fiscal years 2015 through
2024 at the levels included in the most recent baseline
of the Congressional Budget Office, as adjusted for the
budgetary effects of any provision of law enacted
during the period beginning on the date such baseline
is issued and ending on the date of submission of such
statement, for the purpose of enforcing section 302 of
the Congressional Budget Act of 1974; and
(3) aggregate spending levels for fiscal year 2015
and aggregate revenue levels for fiscal year 2015 and
for the period of fiscal years 2015 through 2024, at
the levels included in the most recent baseline of the
Congressional Budget Office, as adjusted for the
budgetary effects of any provision of law enacted
during the period beginning on the date such baseline
is issued and ending on the date of submission of such
statement, for the purpose of enforcing section 311 of
the Congressional Budget Act of 1974.
(c) Additional Matter.--The statement referred to in
subsection (b) may also include for fiscal year 2015, the
matter contained in title IV (reserve funds) and in sections
601, 603(a), 605(a), and 609 of H. Con. Res. 25 (113th
Congress), as adopted by the House, updated by one fiscal year,
including updated amounts for section 601.
(d) Fiscal Year 2015 Allocation to the Committee on
Appropriations.--If the statement referred to in subsection (b)
is not filed by May 15, 2014, then the matter referred to in
subsection (b)(1) shall be submitted by the Chairman of the
Committee on the Budget for publication in the Congressional
Record on the next day that the House of Representatives is in
session.
(e) Adjustments.--The Chairman of the Committee on the
Budget of the House of Representatives may adjust the levels
included in the statement referred to in subsection (b) to
reflect the budgetary effects of any legislation enacted during
the 113th Congress that reduces the deficit or as otherwise
necessary.
(f) Application.--Subsections (a), (b), (c), (d), and (e)
shall no longer apply if a concurrent resolution on the budget
for fiscal year 2015 is agreed to by the Senate and House of
Representatives pursuant to section 301 of the Congressional
Budget Act of 1974.
SEC. 116. AUTHORITY FOR FISCAL YEAR 2015 BUDGET RESOLUTION IN THE
SENATE.
(a) Fiscal Year 2015.--For the purpose of enforcing the
Congressional Budget Act of 1974, after April 15, 2014, and
enforcing budgetary points of order in prior concurrent
resolutions on the budget, the allocations, aggregates, and
levels provided for in subsection (b) shall apply in the Senate
in the same manner as for a concurrent resolution on the budget
for fiscal year 2015 with appropriate budgetary levels for
fiscal years 2014 and 2016 through 2024.
(b) Committee Allocations, Aggregates, and Levels.--After
April 15, 2014, but not later than May 15, 2014, the Chairman
of the Committee on the Budget of the Senate shall file--
(1) for the Committee on Appropriations, committee
allocations for fiscal years 2014 and 2015 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;
(2) for all committees other than the Committee on
Appropriations, committee allocations for fiscal years
2014, 2015, 2015 through 2019, and 2015 through 2024
consistent with the most recent baseline of the
Congressional Budget Office for the purpose of
enforcing section 302 of the Congressional Budget Act
of 1974;
(3) aggregate spending levels for fiscal years 2014
and 2015 in accordance with the allocations established
under paragraphs (1) and (2), for the purpose of
enforcing section 311 of the Congressional Budget Act
of 1974;
(4) aggregate revenue levels for fiscal years 2014,
2015, 2015 through 2019, and 2015 through 2024
consistent with the most recent baseline of the
Congressional Budget Office for the purpose of
enforcing section 311 of the Congressional Budget Act
of 1974; and
(5) levels of Social Security revenues and outlays
for fiscal years 2014, 2015, 2015 through 2019, and
2015 through 2024 consistent with the most recent
baseline of the Congressional Budget Office for the
purpose of enforcing sections 302 and 311 of the
Congressional Budget Act of 1974.
(c) Additional Matter.--The filing referred to in
subsection (b) may also include, for fiscal year 2015, the
reserve funds included in section 114(c) and (d) of this Act,
updated by one fiscal year.
(d) Superseding Previous Statement.--In the Senate, the
filing referred to in subsection (b) shall supersede the
statement referred to in section 111(b) of this Act.
(e) Expiration.--This section shall expire if a concurrent
resolution on the budget for fiscal year 2015 is agreed to by
the Senate and House of Representatives pursuant to section 301
of the Congressional Budget Act of 1974.
SEC. 117. EXCLUSION OF SAVINGS FROM PAYGO SCORECARDS.
(a) Statutory Pay-As-You-Go Scorecards.--Notwithstanding
section 1(c) of this division, the budgetary effects of this
Act shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of
2010.
(b) Senate PAYGO Scorecards.--Notwithstanding section 1(c)
of this division, the budgetary effects of this Act shall not
be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
SEC. 118. EXERCISE OF RULEMAKING POWERS.
The provisions of this subtitle 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.
Subtitle C--Technical Corrections
SEC. 121. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY
DEFICIT CONTROL ACT OF 1985.
The Balanced Budget and Emergency Deficit Control Act of
1985 is amended as follows:
(1) In section 252(b)(2)(B), strike ``applicable to
budget year'' and insert ``applicable to the budget
year''.
(2) In section 252(c)(1)(C)(i), strike ``paragraph
(1)'' and insert ``subsection (b)''.
(3) In section 254(c)(3)(A), strike ``subsection
252(b)'' and insert ``section 252(b)''.
(4) In section 254(f)(4), strike ``subsection
252(b)'' and insert ``section 252(b)''.
(5) In section 255(a), strike ``section 231b(a),
231b(f)(2), 231c(a), and 231c(f) of title 45 United
States Code'' and insert ``sections 3 and 4 of the
Railroad Retirement Act of 1937 (45 U.S.C. 231 et
seq.)''.
(6) In section 255(h), in the item relating to
Federal Pell Grants, strike ``section 401 Title IV''
and insert ``section 401 of title IV''.
(7) In the first subsection (j) of section 255
(relating to Split Treatment Programs), move the
margins for the list items two ems to the right.
(8) Redesignate the second subsection (j) of
section 255 (relating to Identification of Programs) as
subsection (k).
(9) In section 257(b)(2)(A)(i), strike
``differenes'' and insert ``differences''.
(10) In section 258(a)(1), strike ``section
254(j)'' and insert ``section 254(i)''.
SEC. 122. TECHNICAL CORRECTIONS TO THE CONGRESSIONAL BUDGET ACT OF
1974.
The Congressional Budget Act of 1974 is amended as follows:
(1) In sections 301(a)(6) and 301(a)(7), strike
``For purposes'' and insert ``for purposes''.
(2) In section 301(a), in the matter following
paragraph (7), strike ``old age'' and insert ``old-
age''.
(3) In section 302(g)(2)(A), strike ``committee on
the Budget'' and insert ``Committee on the Budget''.
(4) In section 305(a)(1), strike ``clause 2(l)(6)
of rule XI'' and insert ``clause 4 of rule XIII''.
(5) In section 305(a)(5), strike ``provisions of
rule XXIII'' and insert ``provisions of rule XVIII''.
(6) In section 305(b)(1), strike ``section 304(a)''
and insert ``section 304''.
(7) In section 306 strike ``No'' and insert ``(a)
In the Senate.--In the Senate, no'', strike ``of either
House'' and ``in that House'', strike ``of that
House'', and add at the end the following new
subsection:
``(b) In the House of Representatives.--In the House of
Representatives, no bill or joint resolution, or amendment
thereto, or conference report thereon, dealing with any matter
which is within the jurisdiction of the Committee on the Budget
shall be considered unless it is a bill or joint resolution
which has been reported by the Committee on the Budget (or from
the consideration of which such committee has been discharged)
or unless it is an amendment to such a bill or joint
resolution.''.
(8) In section 308(d), in the subsection heading,
strike ``Scorekeeping Guidelines.--'' and insert
``Scorekeeping Guidelines.--''.
(9) In section 310(c)(1)(A)(i) and (ii), strike
``under that paragraph by more than'' and insert
``under that paragraph by more than--''.
(10) In section 314(d)(2), strike subparagraph (A),
redesignate subparagraphs (B) and (C) as subparagraphs
(A) and (B) respectively, in subparagraph (A), as
redesignated, strike ``under subparagraph (A)'' and
insert ``under paragraph (1)'', and in subparagraph
(B), as redesignated, strike ``under subparagraph (B)''
and insert ``under subparagraph (A)''.
(11) In section 315, add at the end the following
new sentence: ``In the case of a reported bill or joint
resolution considered pursuant to a special order of
business, a point of order under section 303 shall be
determined on the basis of the text made in order as an
original bill or joint resolution for the purpose of
amendment or to the text on which the previous question
is ordered directly to passage, as the case may be.''.
(12) In section 401(b)(2), strike ``section
302(b)'' and insert ``section 302(a)''.
(13) In section 401(c), add at the end the
following new paragraph:
``(3) In the House of Representatives, subsections
(a) and (b) shall not apply to new authority described
in those subsections to the extent that a provision in
a bill or joint resolution, or an amendment thereto or
a conference report thereon, establishes prospectively
for a Federal office or position a specified or minimum
level of compensation to be funded by annual
discretionary appropriations.''.
(14) In section 421(5)(A)(i)(II), strike
``subparagraph (B))'' and insert ``subparagraph (B)''.
(15) In section 505(c), strike ``section 406(b)''
both places it appears and insert ``section 405(b)''.
(16) In section 904(c)(2), strike
``258A(b)(3)(C)(I)'' and ``258(h)(3)'' and insert
``258A(b)(3)(C)(i)'' and ``258B(h)(3)'', respectively,
and strike ``and 314(e)'' and insert ``314(e), and
314(f)''.
(17) In section 904(d)(3), strike
``258A(b)(3)(C)(I)'' and ``258(h)(3)'' and insert
``258A(b)(3)(C)(i)'' and ``258B(h)(3)'', respectively,
and strike ``and 312(c)'' and insert ``312(c), 314(e),
and 314(f)''.
TITLE II--PREVENTION OF WASTE, FRAUD, AND ABUSE
SEC. 201. IMPROVING THE COLLECTION OF UNEMPLOYMENT INSURANCE
OVERPAYMENTS.
(a) In General.--Section 303 of the Social Security Act (42
U.S.C. 503) is amended by adding at the end the following:
``(m) In the case of a covered unemployment compensation
debt (as defined under section 6402(f)(4) of the Internal
Revenue Code of 1986) that remains uncollected as of the date
that is 1 year after the debt was finally determined to be due
and collected, the State to which such debt is owed shall take
action to recover such debt under section 6402(f) of the
Internal Revenue Code of 1986.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect upon the date of enactment of this Act.
SEC. 202. STRENGTHENING MEDICAID THIRD-PARTY LIABILITY.
(a) Payment for Prenatal and Preventive Pediatric Care and
in Cases Involving Medical Support.--Section 1902(a)(25) of the
Social Security Act (42 U.S.C. 1396a(a)(25)) is amended--
(1) in subparagraph (E)(i), by inserting before the
semicolon at the end the following: ``, except that the
State may, if the State determines doing so is cost-
effective and will not adversely affect access to care,
only make such payment if a third party so liable has
not made payment within 90 days after the date the
provider of such services has initially submitted a
claim to such third party for payment for such
services''; and
(2) in subparagraph (F)(i), by striking ``30 days
after such services are furnished'' and inserting ``90
days after the date the provider of such services has
initially submitted a claim to such third party for
payment for such services, except that the State may
make such payment within 30 days after such date if the
State determines doing so is cost-effective and
necessary to ensure access to care.''.
(b) Recovery of Medicaid Expenditures From Beneficiary
Liability Settlements.--
(1) State plan requirements.--Section 1902(a)(25)
of the Social Security Act (42 U.S.C. 1396a(a)(25)) is
amended--
(A) in subparagraph (B), by striking ``to
the extent of such legal liability''; and
(B) in subparagraph (H), by striking
``payment by any other party for such health
care items or services'' and inserting ``any
payments by such third party''.
(2) Assignment of rights of payment.--Section
1912(a)(1)(A) of such Act (42 U.S.C. 1396k(a)(1)(A)) is
amended by striking ``payment for medical care from any
third party'' and inserting ``any payment from a third
party that has a legal liability to pay for care and
services available under the plan''.
(3) Liens.--Section 1917(a)(1)(A) of such Act (42
U.S.C. 1396p(a)(1)(A)) is amended to read as follows:
``(A) pursuant to--
``(i) the judgment of a court on account of
benefits incorrectly paid on behalf of such
individual, or
``(ii) rights acquired by or assigned to
the State in accordance with section
1902(a)(25)(H) or section 1912(a)(1)(A), or''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2014.
SEC. 203. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE.
(a) In General.--The Secretary of Commerce shall not
disclose to any person information contained on the Death
Master File with respect to any deceased individual at any time
during the 3-calendar-year period beginning on the date of the
individual's death, unless such person is certified under the
program established under subsection (b).
(b) Certification Program.--
(1) In general.--The Secretary of Commerce shall
establish a program--
(A) to certify persons who are eligible to
access the information described in subsection
(a) contained on the Death Master File, and
(B) to perform periodic and unscheduled
audits of certified persons to determine the
compliance by such certified persons with the
requirements of the program.
(2) Certification.--A person shall not be certified
under the program established under paragraph (1)
unless such person certifies that access to the
information described in subsection (a) is appropriate
because such person--
(A) has--
(i) a legitimate fraud prevention
interest, or
(ii) a legitimate business purpose
pursuant to a law, governmental rule,
regulation, or fiduciary duty, and
(B) has systems, facilities, and procedures
in place to safeguard such information, and
experience in maintaining the confidentiality,
security, and appropriate use of such
information, pursuant to requirements similar
to the requirements of section 6103(p)(4) of
the Internal Revenue Code of 1986, and
(C) agrees to satisfy the requirements of
such section 6103(p)(4) as if such section
applied to such person.
(3) Fees.--
(A) In general.--The Secretary of Commerce
shall establish under section 9701 of title 31,
United States Code, a program for the charge of
fees sufficient to cover (but not to exceed)
all costs associated with evaluating
applications for certification and auditing,
inspecting, and monitoring certified persons
under the program. Any fees so collected shall
be deposited and credited as offsetting
collections to the accounts from which such
costs are paid.
(B) Report.--The Secretary of Commerce
shall report on an annual basis to the
Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives on the total fees collected
during the preceding year and the cost of
administering the certification program under
this subsection for such year.
(c) Imposition of Penalty.--
(1) In general.--Any person who is certified under
the program established under subsection (b), who
receives information described in subsection (a), and
who during the period of time described in subsection
(a)--
(A) discloses such information to any
person other than a person who meets the
requirements of subparagraphs (A), (B), and (C)
of subsection (b)(2),
(B) discloses such information to any
person who uses the information for any purpose
not listed under subsection (b)(2)(A) or who
further discloses the information to a person
who does not meet such requirements, or
(C) uses any such information for any
purpose not listed under subsection (b)(2)(A),
and any person to whom such information is disclosed
who further discloses or uses such information as
described in the preceding subparagraphs, shall pay a
penalty of $1,000 for each such disclosure or use.
(2) Limitation on penalty.--
(A) In general.--The total amount of the
penalty imposed under this subsection on any
person for any calendar year shall not exceed
$250,000.
(B) Exception for willful violations.--
Subparagraph (A) shall not apply in the case of
violations under paragraph (1) that the
Secretary of Commerce determines to be willful
or intentional violations.
(d) Death Master File.--For purposes of this section, the
term ``Death Master File'' means information on the name,
social security account number, date of birth, and date of
death of deceased individuals maintained by the Commissioner of
Social Security, other than information that was provided to
such Commissioner under section 205(r) of the Social Security
Act (42 U.S.C. 405(r)).
(e) Exemption From Freedom of Information Act Requirement
With Respect to Certain Records of Deceased Individuals.--
(1) In general.--No Federal agency shall be
compelled to disclose the information described in
subsection (a) to any person who is not certified under
the program established under subsection (b).
(2) Treatment of information.--For purposes of
section 552 of title 5, United States Code, this
section shall be considered a statute described in
subsection (b)(3) of such section 552.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph
(2), this section shall take effect on the date that is
90 days after the date of the enactment of this Act.
(2) FOIA exemption.--Subsection (e) shall take
effect on the date of the enactment of this Act.
SEC. 204. IDENTIFICATION OF INMATES REQUESTING OR RECEIVING IMPROPER
PAYMENTS.
(a) Information Provided to the Prisoner Update Processing
System (PUPS).--
(1) Section 202(x)(3)(b)(i)(i).--Section
202(x)(3)(B)(i)(I) of the Social Security Act (42
U.S.C. 402(x)(3)(B)(i)(I)) is amended by--
(A) inserting ``first, middle, and last''
before ``names'';
(B) striking the comma after the words
``social security account numbers'' and
inserting ``or taxpayer identification numbers,
prison assigned inmate numbers, last known
addresses,'';
(C) inserting ``dates of release or
anticipated dates of release, dates of work
release,'' before ``and, to the extent
available''; and
(D) by inserting ``and clause (iv) of this
subparagraph'' after ``paragraph (1)''.
(2) Section 1611(e)(1)(i)(i)(i).--Section
1611(e)(1)(I)(i)(I) of the Social Security Act (42
U.S.C. 1382(e)(1)(I)(i)(I)) is amended by--
(A) inserting ``first, middle, and last''
before ``names'';
(B) striking the comma after the words
``social security account numbers'' and
inserting ``or taxpayer identification numbers,
prison assigned inmate numbers, last known
addresses,'';
(C) inserting ``dates of release or
anticipated dates of release, dates of work
release,'' before ``and, to the extent
available''; and
(D) by inserting ``and clause (iv) of this
subparagraph'' after ``this paragraph''.
(b) Authority of Secretary of the Treasury to Access
PUPS.--
(1) Section 202(x)(3)(b).--Section 202(x)(3)(B) of
the Social Security Act (42 U.S.C. 402(x)(3)(B)) is
amended--
(A) in clause (iv), by inserting before the
period the following: ``, for statistical and
research activities conducted by Federal and
State agencies, and to the Secretary of the
Treasury for the purposes of tax
administration, debt collection, and
identifying, preventing, and recovering
improper payments under federally funded
programs''; and
(B) by adding at the end the following:
``(v)(I) The Commissioner may disclose information received
pursuant to this paragraph to any officer, employee, agent, or
contractor of the Department of the Treasury whose official
duties require such information to assist in the
identification, prevention, and recovery of improper payments
or in the collection of delinquent debts owed to the United
States, including payments certified by the head of an
executive, judicial, or legislative paying agency, and payments
made to individuals whose eligibility, or continuing
eligibility, to participate in a Federal program (including
those administered by a State or political subdivision thereof)
is being reviewed.
``(II) Notwithstanding the provisions of section 552a of
title 5, United States Code, or any other provision of Federal
or State law, the Secretary of the Treasury may compare
information disclosed under subclause (I) with any other
personally identifiable information derived from a Federal
system of records or similar records maintained by a Federal
contractor, a Federal grantee, or an entity administering a
Federal program or activity, and may redisclose such comparison
of information to any paying or administering agency and to the
head of the Federal Bureau of Prisons and the head of any State
agency charged with the administration of prisons with respect
to inmates whom the Secretary of the Treasury has determined
may have been issued, or facilitated in the issuance of, an
improper payment.
``(III) The comparison of information disclosed under
subclause (I) shall not be considered a matching program for
purposes of section 552a of title 5, United States Code.''.
(2) Section 1611(e)(1)(i).--Section 1611(e)(1)(I)
of the Social Security Act (42 U.S.C. 1382(e)(1)(I)) is
amended--
(A) in clause (iii), by inserting before
the period the following: ``, for statistical
and research activities conducted by Federal
and State agencies, and to the Secretary of the
Treasury for the purposes of tax
administration, debt collection, and
identifying, preventing, and recovering
improper payments under federally funded
programs''; and
(B) by adding at the end the following:
``(v)(I) The Commissioner may disclose information received
pursuant to this paragraph to any officer, employee, agent, or
contractor of the Department of the Treasury whose official
duties require such information to assist in the
identification, prevention, and recovery of improper payments
or in the collection of delinquent debts owed to the United
States, including payments certified by the head of an
executive, judicial, or legislative paying agency, and payments
made to individuals whose eligibility, or continuing
eligibility, to participate in a Federal program (including
those administered by a State or political subdivision thereof)
is being reviewed.
``(II) Notwithstanding the provisions of section 552a of
title 5, United States Code, or any other provision of Federal
or State law, the Secretary of the Treasury may compare
information disclosed under subclause (I) with any other
personally identifiable information derived from a Federal
system of records or similar records maintained by a Federal
contractor, a Federal grantee, or an entity administering a
Federal program or activity and may redisclose such comparison
of information to any paying or administering agency and to the
head of the Federal Bureau of Prisons and the head of any State
agency charged with the administration of prisons with respect
to inmates whom the Secretary of the Treasury has determined
may have been issued, or facilitated in the issuance of, an
improper payment.
``(III) The comparison of information disclosed under
subclause (I) shall not be considered a matching program for
purposes of section 552a of title 5, United States Code.''.
(c) Conforming Amendment to the Do Not Pay Initiative.--
Section 5(a)(2) of the Improper Payments Elimination and
Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is
amended by adding at the end the following:
``(F) Information regarding incarcerated
individuals maintained by the Commissioner of
Social Security under sections 202(x) and
1611(e) of the Social Security Act.''.
TITLE III--NATURAL RESOURCES
SEC. 301. ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND OTHER
PETROLEUM RESOURCES.
(a) Repeal.--Subtitle J of title IX of the Energy Policy
Act of 2005 (42 U.S.C. 16371 et seq.) is repealed.
(b) Rescission.--Any unobligated funds appropriated for
carrying out the subtitle repealed by subsection (a) are
rescinded.
SEC. 302. AMENDMENT TO THE MINERAL LEASING ACT.
Section 35(b) of the Mineral Leasing Act (30 U.S.C. 191(b))
is amended to read as follows--
``(b) Deduction for Administrative Costs.--In determining
the amount of payments to the States under this section,
beginning in fiscal year 2014 and for each year thereafter, the
amount of such payments shall be reduced by 2 percent for any
administrative or other costs incurred by the United States in
carrying out the program authorized by this Act, and the amount
of such reduction shall be deposited to miscellaneous receipts
of the Treasury.''.
SEC. 303. APPROVAL OF AGREEMENT WITH MEXICO.
The Agreement between the United States of America and the
United Mexican States Concerning Transboundary Hydrocarbon
Reservoirs in the Gulf of Mexico, signed at Los Cabos, February
20, 2012, is hereby approved.
SEC. 304. AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT.
The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.) is amended by adding at the end the following:
``SEC. 32. TRANSBOUNDARY HYDROCARBON AGREEMENTS.
``(a) Authorization.--After the date of enactment of the
Bipartisan Budget Act of 2013, the Secretary may implement the
terms of any transboundary hydrocarbon agreement for the
management of transboundary hydrocarbon reservoirs entered into
by the President and approved by Congress. In implementing such
an agreement, the Secretary shall protect the interests of the
United States to promote domestic job creation and ensure the
expeditious and orderly development and conservation of
domestic mineral resources in accordance with all applicable
United States laws governing the exploration, development, and
production of hydrocarbon resources on the Outer Continental
Shelf.
``(b) Submission to Congress.--
``(1) In general.--No later than 180 days after all
parties to a transboundary hydrocarbon agreement have
agreed to its terms, a transboundary hydrocarbon
agreement that does not constitute a treaty in the
judgment of the President shall be submitted by the
Secretary to--
``(A) the Speaker of the House of
Representatives;
``(B) the Majority Leader of the Senate;
``(C) the Chair of the Committee on Natural
Resources of the House of Representatives; and
``(D) the Chair of the Committee on Energy
and Natural Resources of the Senate.
``(2) Contents of submission.--The submission shall
include--
``(A) any amendments to this Act or other
Federal law necessary to implement the
agreement;
``(B) an analysis of the economic impacts
such agreement and any amendments necessitated
by the agreement will have on domestic
exploration, development, and production of
hydrocarbon resources on the Outer Continental
Shelf; and
``(C) a detailed description of any
regulations expected to be issued by the
Secretary to implement the agreement.
``(c) Implementation of Specific Transboundary Agreement
With Mexico.--The Secretary may take actions as necessary to
implement the terms of the Agreement between the United States
of America and the United Mexican States Concerning
Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico,
signed at Los Cabos, February 20, 2012, including--
``(1) approving unitization agreements and related
arrangements for the exploration, development, or
production of oil and natural gas from transboundary
reservoirs or geological structures;
``(2) making available, in the limited manner
necessary under the agreement and subject to the
protections of confidentiality provided by the
agreement, information relating to the exploration,
development, and production of oil and natural gas from
a transboundary reservoir or geological structure that
may be considered confidential, privileged, or
proprietary information under law;
``(3) taking actions consistent with an expert
determination under the agreement; and
``(4) ensuring only appropriate inspection staff at
the Bureau of Safety and Environmental Enforcement or
other Federal agency personnel designated by the
Bureau, the operator, or the lessee have authority to
stop work on any installation or other device or vessel
permanently or temporarily attached to the seabed of
the United States that may be erected thereon for the
purpose of resource exploration, development or
production activities as approved by the Secretary.
``(d) Savings Provisions.--Nothing in this section shall be
construed--
``(1) to authorize the Secretary to participate in
any negotiations, conferences, or consultations with
Cuba regarding exploration, development, or production
of hydrocarbon resources in the Gulf of Mexico along
the United States maritime border with Cuba or the area
known by the Department of the Interior as the `Eastern
Gap'; or
``(2) as affecting the sovereign rights and the
jurisdiction that the United States has under
international law over the Outer Continental Shelf that
appertains to it.''.
SEC. 305. FEDERAL OIL AND GAS ROYALTY PREPAYMENT CAP.
(a) In General.--Section 111(i) of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1721(i)) is amended
by striking ``(i) Upon'' and all that follows through ``For
purposes'' and inserting the following:
``(i) Limitation on Interest.--
``(1) In general.--Interest shall not be paid on
any excessive overpayment.
``(2) Excessive overpayment defined.--For
purposes''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on July 1, 2014.
SEC. 306. STRATEGIC PETROLEUM RESERVE.
(a) Repeal of Authority To Acquire In-Kind Royalty Crude
Oil.--Section 160(a) of the Energy Policy and Conservation Act
(42 U.S.C. 6240(a)) is amended to read as follows:
``(a) The Secretary may acquire, place in storage,
transport, or exchange petroleum products acquired by purchase
or exchange.''.
(b) Rescission of Funds.--Any unobligated balances
available in the SPR Petroleum Account in the Treasury on the
date of enactment of this section are permanently rescinded.
TITLE IV--FEDERAL CIVILIAN AND MILITARY RETIREMENT
SEC. 401. INCREASE IN CONTRIBUTIONS TO FEDERAL EMPLOYEES RETIREMENT
SYSTEM FOR NEW EMPLOYEES.
(a) Definition.--
(1) In general.--Section 8401 of title 5, United
States Code, is amended--
(A) in paragraph (36), by striking ``and''
at the end;
(B) in paragraph (37), by striking the
period and inserting ``; and''; and
(C) by adding at the end the following:
``(38) the term `further revised annuity employee'
means any individual who--
``(A) on December 31, 2013--
``(i) is not an employee or Member
covered under this chapter;
``(ii) is not performing civilian
service which is creditable service
under section 8411; and
``(iii) has less than 5 years of
creditable civilian service under
section 8411; and
``(B) after December 31, 2013, becomes
employed as an employee or becomes a Member
covered under this chapter performing service
which is creditable service under section
8411.''.
(2) Technical amendment.--Section 8401(37)(B) of
title 5, United States Code, is amended by inserting
``and before January 1, 2014,'' after ``after December
31, 2012,''.
(b) Increase in Individual Contributions.--Section
8422(a)(3) of title 5, United States Code, is amended--
(1) in subparagraph (A), by inserting ``or further
revised annuity employees'' after ``revised annuity
employees''; and
(2) by adding at the end the following:
``(C) The applicable percentage under this paragraph for
civilian service by further revised annuity employees shall be
as follows:
``Employee............................. 10.6...................... After December 31, 2013.
Congressional employee................. 10.6...................... After December 31, 2013.
Member................................. 10.6...................... After December 31, 2013.
Law enforcement officer, firefighter, 11.1...................... After December 31, 2013.
member of the Capitol Police, member
of the Supreme Court Police, or air
traffic controller....................
Nuclear materials courier.............. 11.1...................... After December 31, 2013.
Customs and border protection officer.. 11.1...................... After December 31, 2013.''.
(c) Government Contributions.--Section 8423(a)(2) of title
5, United States Code, is amended--
(1) by striking ``(2)'' and inserting ``(2)(A)'';
and
(2) by adding at the end the following:
``(B)(i) Subject to clauses (ii) and (iii), for purposes of
any period in any year beginning after December 31, 2013, the
normal-cost percentage under this subsection shall be
determined and applied as if section 401(b) of the Bipartisan
Budget Act of 2013 had not been enacted.
``(ii) Any contributions under this subsection in excess of
the amounts which (but for clause (i)) would otherwise have
been payable shall be applied toward reducing the unfunded
liability of the Civil Service Retirement System.
``(iii) After the unfunded liability of the Civil Service
Retirement System has been eliminated, as determined by the
Office, Government contributions under this subsection shall be
determined and made disregarding this subparagraph.
``(iv) The preceding provisions of this subparagraph shall
be disregarded for purposes of determining the contributions
payable by the United States Postal Service and the Postal
Regulatory Commission.''.
(d) Annuity Calculation.--Section 8415(d) of title 5,
United States Code, is amended by inserting ``or a further
revised annuity employee'' after ``a revised annuity
employee''.
SEC. 402. FOREIGN SERVICE PENSION SYSTEM.
(a) Definition.--
(1) In general.--Section 852 of the Foreign Service
Act of 1980 (22 U.S.C. 4071a) is amended--
(A) by redesignating paragraphs (8), (9),
and (10) as paragraphs (9), (10), and (11),
respectively; and
(B) by inserting after paragraph (7) the
following:
``(8) the term `further revised annuity
participant' means any individual who--
``(A) on December 31, 2013--
``(i) is not a participant;
``(ii) is not performing service
which is creditable service under
section 854; and
``(iii) has less than 5 years
creditable service under section 854;
and
``(B) after December 31, 2013, becomes a
participant performing service which is
creditable service under section 854;''.
(2) Technical amendment.--Section 852(7)(B) of the
Foreign Service Act of 1980 (22 U.S.C. 4071a(7)(B)) is
amended by inserting ``and before January 1, 2014,''
after ``after December 31, 2012,''.
(b) Deductions and Withholdings From Pay.--Section
856(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4071e(a)(2)) is amended--
(1) in subparagraph (A), by inserting ``or a
further revised annuity participant'' after ``revised
annuity participant''; and
(2) by adding at the end the following:
``(C) The applicable percentage for a further revised
annuity participant shall be as follows:
``11.15.......................... After December 31, 2013.''.
(c) Government Contributions.--Section 857 of the Foreign
Service Act of 1980 (22 U.S.C. 4071f) is amended by adding at
the end the following:
``(c)(1) Subject to paragraphs (2) and (3), for purposes of
any period in any year beginning after December 31, 2013, the
normal-cost percentage under this section shall be determined
and applied as if section 402(b) of the Bipartisan Budget Act
of 2013 had not been enacted.
``(2) Any contributions under this section in excess of the
amounts which (but for paragraph (1)) would otherwise have been
payable shall be applied toward reducing the unfunded liability
of the Foreign Service Retirement and Disability System.
``(3) After the unfunded liability of the Foreign Service
Retirement and Disability System has been eliminated, as
determined by the Secretary of State, Government contributions
under this section shall be determined and made disregarding
this subsection.''.
SEC. 403. ANNUAL ADJUSTMENT OF RETIRED PAY AND RETAINER PAY AMOUNTS FOR
RETIRED MEMBERS OF THE ARMED FORCES UNDER AGE 62.
(a) CPI Minus One Percent.--Section 1401a(b) of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting ``paragraph (2), (3), or (4)'';
(2) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(3) by inserting after paragraph (3) the following
new paragraph (4):
``(4) Reduced percentage for retired members under
age 62.--
``(A) In general.--Effective on December 1
of each year, the retired pay of each member
and former member under 62 years of age
entitled to that pay shall be adjusted in
accordance with this paragraph instead of
paragraph (2) or (3).
``(B) CPI minus one.--If the percent
determined under paragraph (2) is greater than
1 percent, the Secretary shall increase the
retired pay of each member and former member by
the difference between--
``(i) the percent determined under
paragraph (2); and
``(ii) 1 percent.
``(C) No negative adjustment.--If the
percent determined under paragraph (2) is equal
to or less than 1 percent, the Secretary shall
not increase the retired pay of members and
former members under this paragraph.
``(D) Revised adjustment upon reaching age
62.--When a member or former member whose
retired pay has been subject to adjustment
under this paragraph becomes 62 years of age,
the Secretary of Defense shall recompute the
retired pay of the member or former member, to
be effective on the date of the next adjustment
of retired pay under this subsection, so as to
be the amount equal to the amount of retired
pay to which the member or former member would
be entitled on that date if increases in the
retired pay of the member or former member had
been computed as provided in paragraph (2) or
as specified in section 1410 of this title, as
applicable, rather than this paragraph.
``(E) Inapplicability of catch-up rule.--
Paragraph (5) shall not apply in the case of
adjustments made, or not made, as a result of
application of this paragraph.''.
(b) Restoral of Full Retirement Amount at Age 62.--Section
1410(1) of title 10, United States Code, is amended by striking
``paragraph (3)'' and inserting ``paragraph (3) or (4)''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on December 1, 2015.
TITLE V--HIGHER EDUCATION
SEC. 501. DEFAULT REDUCTION PROGRAM.
Effective July 1, 2014, section 428F(a)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1078-6(a)(1)) is amended--
(1) in subparagraph (A), by striking clause (ii)
and inserting the following:
``(ii) beginning July 1, 2014,
assign the loan to the Secretary if the
guaranty agency has been unable to sell
the loan under clause (i).''; and
(2) in subparagraph (D), by striking clause (i) and
inserting the following:
``(i) the guaranty agency--
``(I) shall, in the case of
a sale made on or after July 1,
2014, repay the Secretary 100
percent of the amount of the
principal balance outstanding
at the time of such sale,
multiplied by the reinsurance
percentage in effect when
payment under the guaranty
agreement was made with respect
to the loan; and
``(II) may, in the case of
a sale made on or after July 1,
2014, in order to defray
collection costs--
``(aa) charge to
the borrower an amount
not to exceed 16
percent of the
outstanding principal
and interest at the
time of the loan sale;
and
``(bb) retain such
amount from the
proceeds of the loan
sale; and''.
SEC. 502. ELIMINATION OF NONPROFIT SERVICING CONTRACTS.
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.)
is amended--
(1) in section 456 (20 U.S.C. 1087f)--
(A) in subsection (a), by striking
paragraph (4); and
(B) by striking subsection (c); and
(2) in section 458(a) (20 U.S.C. 1087h(a)), by
striking paragraph (2).
TITLE VI--TRANSPORTATION
SEC. 601. AVIATION SECURITY SERVICE FEES.
(a) Air Carrier Fees.--
(1) Repeal.--Section 44940(a)(2) of title 49,
United States Code, is repealed.
(2) Conforming amendment.--Section 44940(d)(1) of
such title is amended by striking ``, and may impose a
fee under subsection (a)(2),''.
(3) Effective date.--The repeal made by paragraph
(1) and the amendment made by paragraph (2) shall each
take effect on October 1, 2014.
(b) Restructuring of Passenger Fee.--Section 44940(c) of
such title is amended to read as follows:
``(c) Limitation on Fee.--Fees imposed under subsection
(a)(1) shall be $5.60 per one-way trip in air transportation or
intrastate air transportation that originates at an airport in
the United States.''.
(c) Deposit of Receipts in General Fund.--Section 44940(i)
of such title is amended to read as follows:
``(i) Deposit of Receipts in General Fund.--
``(1) In general.--Beginning in fiscal year 2014,
out of fees received in a fiscal year under subsection
(a)(1), after amounts are made available in the fiscal
year under section 44923(h), the next funds derived
from such fees in the fiscal year, in the amount
specified for the fiscal year in paragraph (4), shall
be credited as offsetting receipts and deposited in the
general fund of the Treasury.
``(2) Fee levels.--The Secretary of Homeland
Security shall impose the fee authorized by subsection
(a)(1) so as to collect in a fiscal year at least the
amount specified in paragraph (4) for the fiscal year
for making deposits under paragraph (1).
``(3) Relationship to other provisions.--
Subsections (b) and (f) shall not apply to amounts to
be used for making deposits under this subsection.
``(4) Fiscal year amounts.--For purposes of
paragraphs (1) and (2), the fiscal year amounts are as
follows:
``(A) $390,000,000 for fiscal year 2014.
``(B) $1,190,000,000 for fiscal year 2015.
``(C) $1,250,000,000 for fiscal year 2016.
``(D) $1,280,000,000 for fiscal year 2017.
``(E) $1,320,000,000 for fiscal year 2018.
``(F) $1,360,000,000 for fiscal year 2019.
``(G) $1,400,000,000 for fiscal year 2020.
``(H) $1,440,000,000 for fiscal year 2021.
``(I) $1,480,000,000 for fiscal year 2022.
``(J) $1,520,000,000 for fiscal year
2023.''.
(d) Imposition of Fee Increase.--The Secretary of Homeland
Security shall implement the fee increase authorized by the
amendment made by subsection (b)--
(1) beginning on July 1, 2014; and
(2) through the publication of notice of such fee
in the Federal Register, notwithstanding section 9701
of title 31, United States Code, and the procedural
requirements of section 553 of title 5, United States
Code.
(e) Continued Availability of Existing Balances.--The
amendments made by this section shall not affect the
availability of funds made available under section 44940(i) of
title 49, United States Code, before the date of enactment of
this Act.
SEC. 602. TRANSPORTATION COST REIMBURSEMENT.
(a) Repeal.--Sections 55316 and 55317 of chapter 553 of
title 46, United States Code, are repealed.
(b) Table of Sections Amendment.--The table of sections at
the beginning of chapter 553 of title 46, United States Code,
is amended by striking the items relating to section 55316 and
55317.
SEC. 603. STERILE AREAS AT AIRPORTS.
Section 44903 of title 49, United States Code, is amended
by adding at the end the following:
``(n) Passenger Exit Points From Sterile Area.--
``(1) In general.--The Secretary of Homeland
Security shall ensure that the Transportation Security
Administration is responsible for monitoring passenger
exit points from the sterile area of airports at which
the Transportation Security Administration provided
such monitoring as of December 1, 2013.
``(2) Sterile area defined.--In this section, the
term `sterile area' has the meaning given that term in
section 1540.5 of title 49, Code of Federal Regulations
(or any corresponding similar regulation or ruling).''.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. EXTENSION OF CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``October 22,
2021'' and inserting ``September 30, 2023''; and
(2) in subparagraph (B)(i), by striking ``October
29, 2021'' and inserting ``September 30, 2023''.
SEC. 702. LIMITATION ON ALLOWABLE GOVERNMENT CONTRACTOR COMPENSATION
COSTS.
(a) Limitation.--
(1) Civilian contracts.--Section 4304(a)(16) of
title 41, United States Code, is amended to read as
follows:
``(16) Costs of compensation of contractor and
subcontractor employees for a fiscal year, regardless
of the contract funding source, to the extent that such
compensation exceeds $487,000 per year, adjusted
annually to reflect the change in the Employment Cost
Index for all workers, as calculated by the Bureau of
Labor Statistics, except that the head of an executive
agency may establish one or more narrowly targeted
exceptions for scientists, engineers, or other
specialists upon a determination that such exceptions
are needed to ensure that the executive agency has
continued access to needed skills and capabilities.''.
(2) Defense contracts.--Section 2324(e)(1)(P) of
title 10, United States Code, is amended to read as
follows:
``(P) Costs of compensation of contractor
and subcontractor employees for a fiscal year,
regardless of the contract funding source, to
the extent that such compensation exceeds
$487,000 per year, adjusted annually to reflect
the change in the Employment Cost Index for all
workers, as calculated by the Bureau of Labor
Statistics, except that the head of an
executive agency may establish one or more
narrowly targeted exceptions for scientists,
engineers, or other specialists upon a
determination that such exceptions are needed
to ensure that the executive agency has
continued access to needed skills and
capabilities.''.
(b) Conforming Amendments.--
(1) Repeal.--Section 1127 of title 41, United
States Code, is hereby repealed.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 11 of title 41, United States
Code, is amended by striking the item relating to
section 1127.
(c) Applicability.--This section and the amendments made by
this section shall apply only with respect to costs of
compensation incurred under contracts entered into on or after
the date that is 180 days after the date of the enactment of
this Act.
(d) Reports.--
(1) In general.--Not later than 60 days after the
end of each fiscal year, the Director of the Office of
Management and Budget shall submit a report on
contractor compensation to--
(A) the Committee on Armed Services of the
Senate;
(B) the Committee on Armed Services of 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 Appropriations of the
Senate; and
(F) the Committee on Appropriations of the
House of Representatives.
(2) Elements.--The report required under paragraph
(1) shall include--
(A) the total number of contractor
employees, by executive agency, in the narrowly
targeted exception positions described under
subsection (a) during the preceding fiscal
year;
(B) the taxpayer-funded compensation
amounts received by each contractor employee in
a narrowly targeted exception position during
such fiscal year; and
(C) the duties and services performed by
contractor employees in the narrowly targeted
exception positions during such fiscal year.
(e) Review.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the
Director of the Office of Management and Budget shall report to
Congress on alternative benchmarks and industry standards for
compensation, including whether any such benchmarks or
standards would provide a more appropriate measure of allowable
compensation for the purposes of section 2324(e)(1)(P) of title
10, United States Code, and section 4304(a)(16) of title 41,
United States Code, as amended by this Act.
SEC. 703. PENSION BENEFIT GUARANTY CORPORATION PREMIUM RATE INCREASES.
(a) Flat-Rate Premium Increases.--Section 4006(a)(3)(A)(i)
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1306(a)(3)(A)(i)) is amended--
(1) in subclause (II), by striking ``and'' at the
end;
(2) in subclause (III), by inserting ``and before
January 1, 2015,'' after ``December 31, 2013''; and
(3) by inserting after subclause (III) the
following:
``(IV) for plan years beginning after
December 31, 2014, and before January 1, 2016,
$57; and
``(V) for plan years beginning after
December 31, 2015, and before January 1, 2017,
$64.''.
(b) Flat-Rate Premium Rate Indexed to Wages.--
(1) In general.--Section 4006(a)(3) of such Act (29
U.S.C. 1306(a)(3)) is amended--
(A) by redesignating subparagraphs (G)
through (J) as subparagraphs (H) through (K),
respectively; and
(B) by inserting after subparagraph (F) the
following:
``(G) For each plan year beginning in a calendar year after
2016, there shall be substituted for the premium rate specified
in clause (i) of subparagraph (A) an amount equal to the
greater of--
``(i) the product derived by multiplying the
premium rate specified in clause (i) of subparagraph
(A) by the ratio of--
``(I) the national average wage index (as
defined in section 209(k)(1) of the Social
Security Act) for the first of the 2 calendar
years preceding the calendar year in which such
plan year begins, to
``(II) the national average wage index (as
so defined) for 2014; and
``(ii) the premium rate in effect under clause (i)
of subparagraph (A) for plan years beginning in the
preceding calendar year.
If the amount determined under this subparagraph is not a
multiple of $1, such product shall be rounded to the nearest
multiple of $1.''.
(2) Conforming amendments.--Section 4006(a)(3)(F)
of such Act (29 U.S.C. 1306(a)(3)(F)) is amended--
(A) in the matter before clause (i), by
inserting ``and before 2013'' after ``after
2006''; and
(B) in the flush text following clause
(ii), by striking the second sentence.
(c) Variable Rate Premium Increases.--
(1) In general.--Section 4006(a)(8)(C) of such Act
(29 U.S.C. 1306(a)(8)(C)) is amended--
(A) in clause (i), by striking ``and'' at
the end;
(B) in clause (ii), by striking ``$5.'' and
inserting ``$10; and''; and
(C) by adding at the end the following:
``(iii) in the case of plan years
beginning in calendar year 2016, by
$5.''.
(2) Conforming amendments.--Section 4006(a)(8) of
such Act (29 U.S.C. 1306(a)(8)) is amended--
(A) in subparagraph (A)--
(i) in clause (ii), by striking
``and'' at the end;
(ii) in clause (iii), by striking
the period at the end and inserting ``;
and''; and
(iii) by adding at the end the
following:
``(iv) for plan years beginning
after calendar year 2016, the amount in
effect for plan years beginning in 2016
(determined after application of
subparagraph (C)).''; and
(B) in subparagraph (D)--
(i) in clause (ii), by striking
``and'' at the end;
(ii) in clause (iii), by striking
the period at the end and inserting ``;
and''; and
(iii) by adding at the end the
following:
``(iv) 2014, in the case of plan
years beginning after calendar year
2016.''.
(d) Increase in Variable Rate Premium Cap.--
(1) In general.--Section 4006(a)(3)(E)(i) of such
Act (29 U.S.C. 1306(a)(3)(E)(i)) is amended--
(A) in subclause (I), by striking ``and''
at the end;
(B) in subclause (II)--
(i) by inserting ``and before
2016'' after ``2012''; and
(ii) by striking the period at the
end and inserting ``and''; and
(C) by adding at the end the following:
``(III) in the case of plan years beginning in a
calendar year after 2015, shall not exceed $500.''.
(2) Index to wages.--Section 4006(a)(3) of such Act
(29 U.S.C. 1306(a)(3)) is amended--
(A) in subparagraph (K) (as redesignated by
subsection (b)(1)(A)), by inserting ``and
before 2016'' after ``2013''; and
(B) by inserting at the end the following:
``(L) For each plan year beginning in a calendar year after
2016, there shall be substituted for the dollar amount
specified in subclause (III) of subparagraph (E)(i) an amount
equal to the greater of--
``(i) the product derived by multiplying such
dollar amount by the ratio of--
``(I) the national average wage index (as
defined in section 209(k)(1) of the Social
Security Act) for the first of the 2 calendar
years preceding the calendar year in which such
plan year begins, to
``(II) the national average wage index (as
so defined) for 2014; and
``(ii) such dollar amount for plan years beginning
in the preceding calendar year.
If the amount determined under this subparagraph is not a
multiple of $1, such product shall be rounded to the nearest
multiple of $1.''.
(e) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2013.
SEC. 704. CANCELLATION OF UNOBLIGATED BALANCES.
(a) Department of Justice Assets Forfeiture Fund.--
Effective on the date of enactment of this Act, of the
unobligated balances available under the Department of Justice
Assets Forfeiture Fund, $693,000,000 are permanently cancelled.
(b) Treasury Forfeiture Fund.--Effective on the date of
enactment of this Act, of the unobligated balances available
under the Department of the Treasury Forfeiture Fund,
$867,000,000, are permanently cancelled.
SEC. 705. CONSERVATION PLANNING TECHNICAL ASSISTANCE USER FEES.
(a) User Fees Authorized.--Section 3 of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590c) is
amended--
(1) by striking ``require--'' and inserting
``require the following:'';
(2) in paragraph (1), by striking the semicolon at
the end and inserting a period;
(3) in paragraph (2), by striking ``; and'' at the
end and inserting a period; and
(4) by adding at the end the following:
``(4)(A) The payment of user fees for conservation planning
technical assistance if the Secretary determines that the fees,
subject to subparagraph (B), are--
``(i) reasonable and appropriate;
``(ii) assessed for conservation planning technical
assistance resulting in the development of a
conservation plan; and
``(iii) assessed based on the size of the land or
the complexity of the resource issues involved.
``(B) Fees under subparagraph (A) may not exceed $150 per
conservation plan for which technical assistance is provided.
``(C) The Secretary may waive fees otherwise required under
subparagraph (A) in the case of conservation planning technical
assistance provided--
``(i) to beginning farmers or ranchers (as defined
in section 343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a));
``(ii) to limited resource farmers or ranchers (as
defined by the Secretary);
``(iii) to socially disadvantaged farmers or
ranchers (as defined in section 355(e) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
2003(e));
``(iv) to qualify for an exemption from
ineligibility under section 1212 of the Food Security
Act of 1985 (16 U.S.C. 3812); or
``(v) to comply with Federal, State, or local
regulatory requirements.''.
(b) Conservation Technical Assistance Fund.--Section 6 of
the Soil Conservation and Domestic Allotment Act (16 U.S.C.
590f) is amended--
(1) by striking ``sec. 6.'' and all that follows
through ``There are hereby authorized'' and inserting
the following:
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS AND CONSERVATION TECHNICAL
ASSISTANCE FUNDS.
``(a) Authorization of Appropriations.--There is
authorized''; and
(2) by adding at the end the following:
``(b) Conservation Technical Assistance Fund.--
``(1) In general.--There is established in the
Treasury of the United States a fund to be known as the
`Conservation Technical Assistance Fund' (referred to
in this subsection as the `Fund'), to be administered
by the Secretary of Agriculture.
``(2) Deposits.--An amount equal to the amounts
collected as fees under section 3(4) and late payments,
interest, and such other amounts as are authorized to
be collected pursuant to section 3717 of title 31,
United States Code, shall be deposited in the Fund.
``(3) Availability.--Amounts in the Fund shall--
``(A) only be available to the extent and
in the amount provided in advance in
appropriations Acts;
``(B) be used for the costs of carrying out
this Act; and
``(C) remain available until expended.''.
SEC. 706. SELF PLUS ONE COVERAGE.
(a) Election of Coverage.--Section 8905 of title 5, United
States Code, is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) An employee may enroll in an approved health benefits
plan described in section 8903 or 8903a--
``(1) as an individual;
``(2) for self plus one; or
``(3) for self and family.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter
following subparagraph (B), by inserting ``for
self plus one or'' before ``self and family as
provided in paragraph (2) of this subsection'';
and
(B) in paragraph (2)--
(i) in the matter preceding
subparagraph (A), by inserting ``for
self plus one or'' before ``for self
and family''; and
(ii) in subparagraph (B), by
inserting ``(or, in the case of self
plus one coverage, not more than 1 such
child)'' after ``adopted children'';
(3) in subsection (e), by striking ``or each spouse
may enroll as an individual'' and inserting ``or for a
self plus one enrollment that covers the spouse, or
each spouse may enroll as an individual or for a self
plus one enrollment that does not cover the other
spouse or a child who is covered under the enrollment
of the other spouse''; and
(4) in subsection (h)--
(A) by striking ``self and family
enrollment'' each place it appears and
inserting ``self plus one or self and family
enrollment, as necessary to provide health
insurance coverage for each child who is
covered under the order,'';
(B) by striking ``a child'' each place it
appears and inserting ``1 or more children'';
(C) by striking ``the child resides'' each
place it appears and inserting ``the child or
children reside'';
(D) in paragraph (1), by striking ``self
and family coverage'' each place it appears and
inserting ``self plus one or self and family
coverage, as necessary to provide health
insurance coverage for each child who is
covered under the order,''; and
(E) in paragraph (3), by striking ``the
child continues'' and inserting ``the child or
children continue''.
(b) Continued Coverage.--Section 8905a of title 5, United
States Code, is amended--
(1) in subsection (d)(3)(A), by inserting ``for
self plus one or'' before ``for self and family''; and
(2) in subsection (f)(3)(A), by striking ``for self
and family based on such person's separation from
service'' and inserting ``based on such person's
separation from service under a self plus one
enrollment that covered the individual or under a self
and family enrollment''.
(c) Contributions.--Section 8906(a)(1) of title 5, United
States Code is amended--
(1) in subparagraph (A), by striking at the end
``and'';
(2) by redesignating subparagraph (B) as
subparagraph (C); and
(3) by inserting after subparagraph (A) the
following:
``(B) enrollments under this chapter for self plus
one; and''.
(d) Weighted Average for First Year.--For the first
contract year for which an employee may enroll for self plus
one coverage under chapter 89 of title 5, United States Code,
the Office of Personnel Management shall determine the weighted
average of the subscription charges that will be in effect for
the contract year for enrollments for self plus one under such
chapter based on an actuarial analysis.
DIVISION B--MEDICARE AND OTHER HEALTH PROVISIONS \4\
SEC. 1001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title--This division may be cited as the `Pathway
for SGR Reform Act of 2013'.
---------------------------------------------------------------------------
\4\ Except for Sections 1001(a) and 1205, all other parts of
Division B, the Pathway for SGR Reform Act of 2013, have been omitted.
* * * * * * *
---------------------------------------------------------------------------
SEC. 1205. REALIGNMENT OF THE MEDICARE SEQUESTER FOR FISCAL YEAR 2023.
Paragraph (6) (relating to implementing direct spending
reductions, as redesignated by section 101(d)(2)(C), and as
amended by section 101(c), of the Bipartisan Budget Act of
2013) of section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a) is amended by
adding at the end the following new subparagraph:
``(C) Notwithstanding the 2 percent limit specified
in subparagraph (A) for payments for the Medicare
programs specified in section 256(d), the sequestration
order of the President under such subparagraph for
fiscal year 2023 shall be applied to such payments so
that----
``(i) with respect to the first 6 months in
which such order is effective for such fiscal
year, the payment reduction shall be 2.90
percent; and
``(ii) with respect to the second 6 months
in which such order is so effective for such
fiscal year, the payment reduction shall be
1.11 percent.''.
* * * * * * *
Legislative Text of H.R. 3547
Consolidated Appropriations Act, 2014
[Public Law 113-76]
------
SECTION 1. SHORT TITLE.
This Act may be cited as the `Consolidated Appropriations
Act, 2014'.
* * * * * * *
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2014
* * * * * * *
TITLE X--MILITARY DISABILITY RETIREMENT AND SURVIVOR BENEFIT ANNUITY
RESTORATION
SEC. 10001. INAPPLICABILITY OF ANNUAL ADJUSTMENT OF RETIRED PAY FOR
MEMBERS OF THE ARMED FORCES UNDER THE AGE OF 62
UNDER THE BIPARTISAN BUDGET ACT OF 2013 TO MEMBERS
RETIRED FOR DISABILITY AND TO RETIRED PAY USED TO
COMPUTE CERTAIN SURVIVOR BENEFIT PLAN ANNUITIES.
(a) Inapplicability--Paragraph (4) of section 1401a(b) of
title 10, United States Code, as added by section 403(a) of the
Bipartisan Budget Act of 2013, is amended--
(1) in subparagraph (A), by inserting after `age'
the following: `(other than a member or former member
retired under chapter 61 of this title)'; and
(2) by adding at the end the following new
subparagraph:
`(F) Inapplicability to Amount of Retired
Pay Used in Computation of SBP Annuity for
Survivors--In the computation pursuant to
subsection (d) or (f) of section 1448 of this
title of an annuity for survivors of a member
or person who dies while subject to the
application of this paragraph, the amount of
the retired pay of such member or person for
purposes of such computation shall be the
amount of retired pay that would have been
payable to such member or person at the time of
death without regard to the application of this
paragraph.'.
(b) Conforming Amendments--
(1) Combat-Related Special Compensation--Section
1413a(b)(3) of title 10, United States Code, is
amended--
(A) in subparagraph (A), by inserting `,
with adjustment under paragraph (2) of section
1401a(b) of this title to which the member
would have been entitled (but without the
application of paragraph (4) of such section),'
after `under any other provision of law'; and
(B) in subparagraph (B), by striking
`whichever is applicable to the member.' and
inserting `with adjustment under paragraph (2)
of section 1401a(b) of this title to which the
member would have been entitled (but without
the application of paragraph (4) of such
section), whichever is applicable to the
member.'.
(2) Concurrent Receipt of Retired Pay and Veterans'
Disability Compensation--Section 1414(b)(1) of such
title is amended by inserting `(but without the
application of section 1401a(b)(4) of this title)'
after `under any other provision of law'.
(3) Prevention of COLA Inversions--Section
1401a(f)(2) of title 10, United States Code, is amended
by inserting `or subsection (b)(4)' after `subsection
(b)(2)'.
(c) Effective Date--The amendments made by subsections (a)
and (b) shall take effect on December 1, 2015, immediately
after the coming into effect of section 403 of the Bipartisan
Budget Act of 2013 and the amendments made by that section.
(d) Exclusion of Budgetary Effects From PAYGO Scorecards--
(1) Statutory Pay-As-You-Go Scorecards--The
budgetary effects of this section shall not be entered
on either PAYGO scorecard maintained pursuant to
section 4(d) of the Statutory Pay-As-You-Go Act of
2010.
(2) Senate PAYGO Scorecards--The budgetary effects
of this section shall not be entered on any PAYGO
scorecard maintained for purposes of section 201 of S.
Con. Res. 21 (110th Congress).
* * * * * * *
Appendices
Appendix A--Colloquies During
Debate on H.J. Res. 59
------
Colloquy Related to Not-for-Profit Student Loan Servicing
CONGRESSIONAL RECORD--HOUSE, DECEMBER 12, 2013, PAGE H8075
(The Speaker Pro Tempore recognized Chairman Paul Ryan (WI)
for two minutes for the purpose of this colloquy)
Mr. Ryan of Wisconsin. Mr. Speaker, at this time, I yield 2
minutes to the gentleman from Iowa (Mr. Latham) for the
purposes of a colloquy.
Mr. Latham. Mr. Speaker, I yield to the gentleman from
Vermont (Mr. Welch).
Mr. Welch. Mr. Speaker, I rise to enter into a colloquy
with the gentleman from Wisconsin regarding the not-for-profit
student loan servicing provisions in the Bipartisan Budget Act
of 2013.
Is it your understanding and intent that the not-for-profit
servicing provision in this act does not require the
termination of the existing Federal loan servicing contracts of
any not-for-profit servicers who are currently servicing
Federal loans?
And is it the further understanding and intent of the
gentleman from Wisconsin that the Education Department will
continue to enter into contracts with not-for-profit servicers
based on their performance?
Mr. Ryan of Wisconsin. Mr. Speaker, will the gentleman from
Iowa yield?
Mr. Latham. I yield to the gentleman.
Mr. Ryan of Wisconsin. Mr. Speaker, yes, it is the
legislative intent that existing contracts to use the services
for not-for-profit servicers are not terminated by this bill
and that they will be permitted to compete with the Department
of Education's title IV servicers for additional accounts.
Mr. Latham. Mr. Speaker, I associate myself with the
comments of the managers and am pleased to know it is their
intent that the use of not-for-profit servicers continues and
that not-for-profit servicers will be permitted to compete in
the future for additional accounts.
Mr. Kline. Mr. Speaker, will the gentleman yield?
Mr. Latham. I yield to the gentleman from Minnesota.
Mr. Kline. Mr. Speaker, I also rise to associate myself
with the comments of the managers and am pleased to know it is
their intent that the use of not-for-profit servicers continues
and that not-for-profit servicers will be permitted to compete
in the future for additional accounts.
Colloquy Related to the Death Master File
CONGRESSIONAL RECORD--SENATE, DECEMBER 17, 2013,
PAGE S8890-S8891
(The Presiding Officer recognized Senator Murray (WA) to
engage in this colloquy)
Mr. Nelson.
* * * * * * *
I would like to take a moment to acknowledge a small but
significant provision in this budget compromise. It is section
203 of the Budget Act of 2013, and it limits access to what is
known as Social Security's Death Master File, which is
important because criminals utilize fraudulently the Death
Master File to steal people's identities.
When someone dies, the Social Security Administration puts
their information into the Death Master File and releases it to
the public through the Commerce Department. It lists their
name, their Social Security number, and other personal
identification information.
The public release shortly after death of the Death Master
File came about as a result of a Freedom of Information Act
lawsuit back in the 1980s. Over time, Federal agencies and
industries came to rely on the information from the Death
Master File. Life insurers use it to know when to pay out
benefits. Banks and credit card companies use information from
the file to prevent fraud. A whole host of Federal and State
agencies, as well as other industries, depend on the
information for legitimate purposes, including pension funds,
unclaimed property auditors, and identity theft protection
companies.
But there is somebody else who is using the Death Master
File too. It is the criminals who are stealing identities,
including especially the Social Security number. When that is
posted online, they are using it fraudulently. What are they
doing? They are filing an income tax return. They are utilizing
somebody else's identity--in this case easily accessible, the
Death Master File--creating a false return and getting a tax
refund.
You may find this hard to believe, but this actually
happened in Tampa, FL. Street crime--hijackings, stickups,
burglaries, dope dealing--actually dropped because the
criminals found a new way of being able to steal people's
money. They did it with a laptop instead of with a crowbar or a
gun. Street crime actually reduced because the criminals have
found a new way.
They would steal people's identities in many different
ways. They would go to senior citizens' mailboxes, and they
would get their ID, they would get their Social Security
number. They would go through hospital records, and they would
get Social Security numbers. They would do it a number of ways.
But one of the easiest ways was this Death Master File.
I want to tell you about the story of Alexis Agin, the
daughter of two courageous parents John and Neely, who have
joined us today. Tragically, Alexis died from cancer 2 weeks
shy of her 5th birthday. Obviously, no parent should have to go
through the pain of seeing their child go through this kind of
ordeal and then losing the child.
So you can imagine how they felt when months later they
learned that someone had used Alexis' identity, obtained from
the Death Master File, to file a fraudulent tax return,
claiming a refund, and the IRS--when they tried to correct
this--asked them to prove that Alexis was their daughter and
was not the one responsible for the fraudulent tax return.
Because I have heard so many stories of innocent Americans
whose identities have been stolen, this Senator filed this
legislation that would restrict access to the Death Master File
by establishing a certification program run by the Commerce
Department while still allowing access to the Death Master File
for legitimate purposes.
This brings us to the budget agreement. I am very pleased
that the Senator from Washington has included within this
budget that we are going to pass--it would be nice if it were
today, but it looks as if it is going to be tomorrow--what some
of us have been calling on for years: restricting access to
this master file, making it harder for criminals to steal
identities and therefore making it harder to steal taxpayer
money.
That is where this actually has a revenue effect because we
are going to actually save the U.S. Government money by doing
this. We are going to save the U.S. Government money that
otherwise would be stolen. So I thank the courageous chairman
of the Budget Committee for including this idea in the act and
for crafting what used to be S. 676, the Identity Theft and Tax
Fraud Prevention Act.
It was never the intent of this Senator or the cosponsors
to deny access to the master file by the people who need it for
legitimate purposes. The language in this budget deal would
include the file in the Freedom of Information Act exemptions
so that it will not be available to just anyone off the street.
However, the Social Security Administration and Commerce would
still be able to release the information in the file for those
who need it.
So I want to ask the distinguished chair of the committee
whether is it true that as Commerce sets up a certification
program, the Social Security Administration and Commerce will
still be able to release the Death Master File to folks who
need to use it for legitimate purposes?
The Presiding Officer. The Senator from Washington.
Mrs. Murray. Mr. President, I would ask unanimous consent
to engage in a colloquy with the Senator from Florida and the
Senator from Pennsylvania so I may respond.
The Presiding Officer. Without objection, it is so ordered.
Mrs. Murray. The Senator from Florida is correct. That is
absolutely our intention. There is nothing in law that prevents
the continued public release of the Death Master File while the
Commerce Department sets up the certification program. This act
simply exempts the Social Security Administration's death
records from freedom of information requests under section 552
of title 5 of the United States Code, subsection (b).
Mr. Casey. Mr. President, echoing the comments of my
colleague from Florida, I am pleased that the budget includes
language to address the fraud that is perpetrated with
information from the Death Master File. Tax fraud is a large
and growing problem. We know that. In 2012, for example, the
IRS reported that they identified over 1.2 million identity
theft returns. As of June 2013, they identified 1.6 million for
this year. Thousands of these cases involve the identities of
deceased taxpayers. A recent audit of the 2011 tax year
identified 19,000 fraudulent returns from recently deceased
taxpayers. Under current practice, for $10, criminals can
purchase the full name, Social Security number, date of birth,
and date of death of a deceased citizen or legal resident.
As a member of the Finance Committee, I have worked with my
colleagues to address this issue. I am pleased to see the
language limiting access to the Death Master File in the budget
deal.
As Commerce begins its rulemaking, it is essential to
strike the correct balance. The reality is that the Death
Master File is used by companies across Pennsylvania and the
Nation to prevent fraud and provide other essential consumer
protections. Banks, investment companies, insurers, and
numerous other businesses run this file to ensure the identity
of those accessing their services. Striking the correct balance
in the regulatory process is critical to ensuring the continued
legitimate use of this information.
Businesses and those who contract for assistance with fraud
prevention and other businesses must maintain access to the
file. Furthermore, access must remain available as those
regulations are promulgated.
In short, as a certification program is set up, it is
important that we get it right. The Death Master File is
critical to fraud prevention and must remain available to
legitimate users. To that point, I ask the Senator from
Washington, the distinguished chairwoman, is it the intention
of the Bipartisan Budget Act for the Commerce Department to
seek input from stakeholders as it creates the certification
program to ensure legitimate users maintain access to the file?
Mrs. Murray. Mr. President, the Senator from Pennsylvania
is correct. We intended for Commerce to follow notice-and-
comment rulemaking procedures in the establishment of the
certification program.
Mr. Nelson. Mr. President, I want to close by again
thanking the distinguished chairwoman of the committee. She has
been a quiet hero, and the proof is in the pudding of all of
her labors. She deserves the praise of the country that we have
a budget, No. 1, but I also thank her for making it a lot more
difficult for criminals to steal the identities of those who
have passed on.
Colloquy Related to Transboundary Agreements
CONGRESSIONAL RECORD--SENATE, DECEMBER 17, 2013, PAGE S8898
Mr. Menendez. Mr. President, I want to briefly discuss
Section 304 of the Bipartisan Budget Act of 2013, which
contained an amendment to the Outer Continental Shelf Lands
Act. I was disappointed to see that the amended Section 32
requires submissions regarding future transboundary hydrocarbon
agreements be made to the Speaker of the House, the Senate
Majority Leader, the chair of the Committee on Natural
Resources of the House of Representatives, and the chair of the
Committee on Energy and Natural Resources in the Senate. This
language fails to mention the Senate Foreign Relations
Committee, an omission I find curious in light of the Foreign
Relations Committee's jurisdiction over international
agreements. I would like to yield to my colleague from
Washington in order to clarify that this language was not
intended to negate the Foreign Relations Committee's
jurisdiction of transboundary hydrocarbon agreements.
Mrs. Murray. I thank the Senator for his question, and I
appreciate his leadership as Chairman of the Senate Foreign
Relations Committee. I understand his concerns and can assure
him that the language in the Bipartisan Budget Act of 2013 was
not intended to alter or negate the Foreign Relation
Committee's jurisdiction.
Mr. Menendez. I thank the Senator from Washington for her
response, and I appreciate the tremendous work she has done to
arrive at a budget agreement. Due to the importance of this
issue, I want to seek additional confirmation of this point.
The February 20, 2012 Agreement between the United States of
America and the United Mexican States Concerning Transboundary
Hydrocarbon Reservoirs in the Gulf of Mexico went through the
Senate Committee on Energy and Natural Resources with the
approval of the Senate Foreign Relations Committee because the
implementing legislation was narrow and addressed the ability
of the Department of the Interior to carry out the agreement.
However, the Foreign Relations Committee engaged in robust
oversight of this agreement in meetings with high-ranking
officials at the Department of State and the Department of the
Interior, including the submission of a detailed letter with
several questions, which received a lengthy response. These
actions reflect the Senate Foreign Relations Committee's
intention to retain oversight of transboundary hydrocarbon
agreements, and to reserve the right to draft and oversee
implementing legislation for future transboundary hydrocarbon
agreements.
Mrs. Murray. I thank the chairman of the Senate Foreign
Relations Committee. It is quite clear by the extensive work
the committee has done on the U.S.-Mexico Transboundary
Hydrocarbon Agreement that the committee has an expertise in
international agreements and should play an integral role in
the oversight of future transboundary hydrocarbon agreements.
The language in the Bipartisan Budget Act was not intended to
undermine the Senate Foreign Relations Committee's jurisdiction
with respect to any matter that would be properly before it.
Mr. Menendez. I thank the chair of the Budget Committee for
her responses.
Colloquy Related to Not-for-Profit Loan Servicing
CONGRESSIONAL RECORD--SENATE, DECEMBER 17, 2013,
PAGE S8898-S8899
Mr. Sanders. Mr. President, I rise to enter into a colloquy
with the chairman of the Budget Committee, Senator Murray, and
several of my colleagues regarding the not-for-profit student
loan servicing provisions in the Bipartisan Budget Act of 2013.
Is it your understanding and intent that the not-for-profit
servicing provision in this act does not require the
termination of the existing Federal loan servicing contracts of
any not-for-profit servicers who are currently servicing
Federal loans?
Is it further the understanding and intent of the chairman
of the Senate Budget Committee that the Education Department
will continue to enter into contracts with not-for-profit
servicers based on their performance?
Mrs. Murray. Mr. President, the Senator from Vermont is
correct. It is my intent that existing contracts to use the
services of not-for-profit servicers are not terminated by this
bill and that they will be permitted to compete with the
Department of Education's title IV servicers for additional
accounts. I know several of my colleagues also feel strongly
about this issue. I would like to recognize the following
Senators to also join in on the colloquy: Senators Leahy,
Harkin, Alexander, Hatch, Shaheen, Begich, Grassley, King,
Baucus, Tester, and Murkowski.
Mr. Leahy. Mr. President, if I may join in this colloquy, I
am glad for the clarification from the senior Senator from
Washington and am pleased to know it is her legislative intent
for the Department of Education to continue to use not-for-
profit servicers and maintain their existing contracts and that
not-for-profit servicers will be permitted to compete in the
future for additional accounts. Like other notfor-profits
around the country, the Vermont Student Assistance Corporation,
VSAC, has provided counseling services and low-cost loans to
students and Vermonters for more than 40 years. Since then,
VSAC has worked hard to establish and maintain strong and
longstanding working relationships with Vermont's higher
education institutions, as well as K-12 schools, to provide
outreach programs critical to the economic vitality of Vermont.
In their new role servicing Federal loans, VSAC has
consistently received praise from their customers and scored
high in customer satisfaction surveys. In fact, when Congress
switched to direct lending we ensured that not-for-profit
servicers would continue to service Federal loans because of
the superior customer service experience that not-for-profits
servicers have consistently provided. I am glad that Congress
is continuing to recognize the importance of not-for-profit
servicers in our communities and intends to allow for their
continued role of servicing Federal loans and helping more
students gain access to college and more students to complete
their degrees.
Mr. Harkin. Mr. President, as chairman of the Health,
Education, Labor and Pensions Committee, which holds
jurisdiction over the servicing of our Federal student loan
programs, it is my understanding that the intent of the budget
agreement is to allow for the continuation of the existing
notfor-profit servicer contracts and that they will be
permitted to compete based on performance with the Department
of Education's title IV servicers for additional accounts, so
that students receive the best possible service and taxpayer
funds are used efficiently.
Mr. Alexander. Mr. President, I thank the Senator from
Vermont for engaging in this dialogue and appreciate the
Senator from Washington clarifying that it is the intent of the
budget measure for the Department of Education to continue to
use not-for-profit servicers for the Federal loan program and
that these entities should be permitted to compete for
additional loan volume in the future.
Mr. Hatch. Mr. President, I thank the Senator from Vermont
and the Senator from Washington for providing clarification on
this issue. I am happy to hear that the legislative intent of
the budget deal is to continue the use of the not-for-profit
student loan servicers and that they will be permitted to
compete in the future for additional accounts.
Mrs. Shaheen. Mr. President, I would like to associate
myself with the comments of the senior Senator from Washington
and am pleased to know it is her intent that not-for-profit
servicers, like the New Hampshire Higher Education Loan
Corporation and the NHHEAF Network, will be able to continue
their important work and that they will be able to compete in
the future for additional accounts. For over 50 years, the New
Hampshire Higher Education Loan Corporation and the NHHEAF
Network have provided critical college access, financial
education, and default-prevention programs to students in New
Hampshire and across the country. The New Hampshire Higher
Education Loan Corporation's dedicated staff services a
national portfolio over 250,000 borrowers, helping them to
manage repayment of almost $5 billion in student loans. These
professionals play a uniquely important role in helping
students to succeed in postsecondary education, and I am
pleased that it is the Senator from Washington's intent to
allow them to continue their work.
Mr. Begich. Mr. President, I rise as well to thank the
senior Senator from Washington for her insight and to echo the
comments from my colleagues, especially my good friend from
Alaska.
The not-for-profit student loan servicer in my State, the
Alaska Student Loan Corporation, does an outstanding job of
servicing student loans. They take a proactive and supportive
role with the accounts they receive from the Department, and I
want to ensure they will be able to continue to participate in
this important program. I was pleased to learn that the
chairman's intent in including this language was not to exclude
not-for-profit servicers from competing for additional
servicing accounts.
Mr. Grassley. Mr. President, I would like to associate
myself with the comments of the senior Senator from Washington
and am pleased to know it is her intent that the use of not-
for-profit servicers continues and that not-for-profit
servicers will be permitted to compete on an equal basis in the
future for additional accounts.
Mr. King. Mr. President, I wish to associate myself with
the comments of the senior Senator from Washington. I am
pleased to know that it is her intent that the work of not-for-
profit servicers advances and that they will continue to be
allowed to compete for additional accounts in the future. In
Maine, two not-for-profit servicers, the Finance Authority of
Maine and Maine Education Services, provide essential services
to Maine students through financial literacy education and the
servicing of Federal student loans. Indeed, not-for-profit
servicers do meaningful work across the country, and I am glad
to know it is the Senate Budget Committee Chairman's intent to
continue to allow these State agencies and nonprofits to play a
role in servicing federal student loans.
Mr. Baucus. Mr. President, I would also like to associate
myself with the senior Senator from Washington, my colleague
from Vermont, and my colleague from Montana. Our Montana
servicer, the Student Assistance Foundation, provides vital
services to Montana students by delivering financial aid
education, scholarships, and grants. I am therefore pleased to
know it is the intent of the chairman of the Senate Budget
Committee that not-for-profit student loan servicers will
continue to play a role in the servicing market and will be
permitted to compete for future servicing contracts.
Mr. Tester. Mr. President, I rise to share in this
important discussion and would also like to associate myself
with the comments of the senior Senator from Washington and my
colleague from Montana. The Student Assistance Foundation is a
strong employer in Montana, representing nearly 200 jobs, and I
am pleased to know it is the chair of the Budget Committee's
intent that the use of not-for-profit servicers continues. I am
also pleased that not-for-profit servicers, such as the Student
Assistance Foundation, will be permitted to compete in the
future for additional accounts.
Ms. Murkowski. Mr. President, I am pleased to know it is
the intent of the chairman of the Senate Budget Committee--the
chief Senate negotiator for the Bipartisan Budget Act--that
nonprofit servicers will continue to play an important role in
servicing Federal student loans, both now and in the future. I
strongly support this intent and the vital public service role
that nonprofit and State agency servicers have played in
Federal student loan programs on behalf of Federal student loan
borrowers and the American public. I will be one of those who
will expect the Department to pay close attention to
congressional intent in this matter. I also look forward to
working with my colleagues on both the Senate Health,
Education, Labor and Pensions Committee and the Appropriations
Committee to ensure that this intent is carried out.
Ms. Collins. Mr. President, I would like to thank the
chairman of the Senate Budget Committee, who coauthored this
legislation, for clarifying that it is not the intent of the
bill's authors to require that existing contracts with not-for-
profit student loan servicers be canceled and that such
servicers will continue to be able to compete for additional
Department of Education contracts in the future. Not-for-profit
servicers provide students in Maine and across the country with
important financial counseling services, and I am pleased to
know that they will continue to be allowed to compete to
perform this work under this legislation.
Colloquy Related to Reserve Funds/Section 114(c)
of the BBA of 2013
CONGRESSIONAL RECORD--SENATE, JANUARY 7, 2014, PAGE S67
Mrs. Murray. Madam President, I rise to enter into a
colloquy with the Senator from Ohio, Mr. Portman, to discuss
section 114(c) of the Bipartisan Budget Act of 2013, which
establishes a deficit-neutral reserve fund to replace
sequestration.
Before I turn to Senator Portman for his questions, I would
like to note that the Senate has relied on reserve funds for
nearly 30 years to help it carry out its priorities as part of
the annual budget process. In fact, during debate on the 2014
budget resolution, the Senate considered or filed over 300
reserve funds. These included multiple amendments from Members
of both parties to create new reserve funds. This particular
reserve fund, section 114(c), was included and voted on as part
of both the Senate Budget Committee-reported resolution and the
Senate-passed budget resolution.
I would now like to turn to my colleague for his questions.
Mr. Portman. I would like to thank the chairman of the
Budget Committee for the opportunity to engage in this colloquy
with her. As I understand it, the intent of the reserve fund
under section 114(c) is to be available to adjust certain
budgetary levels for deficit-neutral legislation that would
replace sequestration. Do I have that correct?
Mrs. Murray. Yes, the bipartisan budget agreement reached
between the House and Senate replaces some of the sequester
cuts that otherwise would occur in 2014 and 2015. By avoiding
sequestration and reaching agreement on bipartisan funding
levels for 2014 and 2015, this agreement will provide relief to
our families, servicemembers, and the economy. Sequestration,
however, continues to remain in place, unmodified, for fiscal
years 2016 through 2021. Assuming legislation met the necessary
requirements specified in section 114(c), this reserve fund
would be available to further address the harmful effects of
sequestration.
Mr. Portman. I thank the chairman for her response. There
is a concern that the reserve fund in section 114(c) could
deprive the minority of an opportunity to require 60 votes for
legislation that would modify the statutory limits on
discretionary spending and pay for some or all of that cost
with new revenue. Is that concern accurate?
Mrs. Murray. I thank the Senator for his question. No, that
concern is not accurate. While a useful tool to help the Senate
carry out its priorities under the budget process, a reserve
fund is limited in what it allows me to do, in my capacity as
chairman of the Budget Committee. In general, for legislation
that meets the required criteria, reserve funds allow me to
revise the levels adopted in a budget resolution and enforced
in the Senate, such as committee allocations and the budgetary
aggregates.
A reserve fund, however, does not have any impact on the
standing rules of the Senate, including the cloture process and
the need for 60 votes to end debate. Nothing in the Bipartisan
Budget Act would change that process.
A reserve fund also does not waive budget points of order.
I can use a reserve fund to revise the committee allocations
and budgetary aggregates, such that legislation that meets the
criteria of the reserve fund, including deficit neutrality, can
be brought into compliance with the allocations and aggregates.
But, it does not allow me to waive budget points of order that
still may lie against the legislation following the reserve
fund adjustment. Budget points of order generally can only be
waived by unanimous consent or with 60 votes. Nothing in the
Bipartisan Budget Act would change that.
Further, the Senator from Ohio proposed the specific
hypothetical example of legislation that would increase the
statutory limits on discretionary spending and offset some or
all of those costs with new revenue. Recognizing this is a
hypothetical scenario, I believe in that situation the
legislation would be subject to a 60-vote point of order for
violating section 306 of the Congressional Budget Act, which
creates a point of order against legislation dealing with
matters within the jurisdiction of the Budget Committee that
has not been reported out of the Budget Committee. Ultimately,
the Parliamentarian of the Senate determines whether points of
order under section 306 lie against legislation, but
legislation to alter the statutory limits in discretionary
spending has historically been within the jurisdiction of the
Budget Committee. A reserve fund would have no impact on a
section 306 point of order and nothing in the Bipartisan Budget
Act would change that.
In addition, legislation increasing the statutory caps on
discretionary spending above the existing levels, as the
Senator from Ohio outlines in his question, would also violate
section 312(b) of the Congressional Budget Act, which prohibits
consideration of legislation that would exceed any of the
statutory limits on discretionary spending. The reserve fund in
114(c), like other reserve funds, deals only with Senate
enforcement and would have no impact on that point of order.
Again, nothing in the Bipartisan Budget Act would change that.
Finally, I would suggest to my colleague that legislation
originating in the Senate rather than in the House of
Representatives that raises revenue would likely be subject to
a ``blue slip'' and returned back to the Senate by the House of
Representatives. Again, nothing in the Bipartisan Budget Act
would change that process.
Mr. Portman. I thank the Chairman for her answer. I
understand that we were discussing a hypothetical example. I
thank her for engaging with me in this colloquy.
Appendix B--Statements for the Congressional Record
------
The following statements regarding provisions of the
Bipartisan Budget Act of 2013 were submitted for the
Congressional Record, (113th Congress).
CONGRESSIONAL RECORD: HOUSE, DECEMBER 12, 2013,
PAGE: H8066-8067
Statement for the Record by Hon. Paul D. Ryan, Chairman, Committee on
the Budget, on the Bipartisan Budget Act of 2013
Section 203 restricts access to the Death Master File, DMF,
which is a list of deceased individuals maintained by the
Social Security Administration.
This provision charges the Secretary of Commerce with
establishing a program to restrict access to the information
contained on the DMF for a three-year period beginning on the
date of an individual's death, except to persons who are
certified under the program. Under the program, persons
certified by the Secretary of Commerce to have a fraud
prevention interest or other legitimate need for the
information and agree to maintain the information under
significant safeguards may continue to access DMF information
on a current basis. The provision also provides for penalties
in cases of unauthorized disclosures or uses of DMF information
by certified persons. Finally, the provision also brings the
DMF within the scope of the exemptions available under the
Freedom of Information Act to ensure that Federal agencies do
not disclose the information about deceased individuals
maintained by SSA or contained in the DMF, except to recipients
who are certified persons.
In implementing this section, the Department of Commerce
should promulgate regulations establishing and providing
guidelines for the certification program and provide sufficient
time for legitimate current users of DMF information to comment
on the regulations, especially as it relates to the timing of
the effectiveness of this Section and as it relates to the
authority to release the Death Master File to the public.
CONGRESSIONAL RECORD: HOUSE, DECEMBER 19, 2013, PAGE: E1906
Mr. Ryan of Wisconsin. Mr. Speaker, Section 401 creates a
new category of employee called a ``Further Revised Annuity
Employee'' and would require Further Revised Annuity Employees
to contribute additional amounts into the CRSDF.\5\ It is the
intent of Congress for OPM to create a new normal cost for the
Further Revised Annuity Employees, and to ensure that the
retirement plan not be underfunded.
---------------------------------------------------------------------------
\5\ A typographical error in the Congressional Record had this
acronym misspelled--should be ``CSRDF'' (Civil Service Retirement and
Disability Fund).
---------------------------------------------------------------------------
Additionally, it is the intent that for the new Further
Revised Annuity Employee Plan that the only determinant of
whether an individual is a FERS employee or Member, as opposed
to a FERS Revised Annuity Employee or FERS Further Revised
Annuity Employee, is through application of the FERS Revised
Annuity Employee test. And that the new Further Revised Annuity
Employee test only differentiates between FERS Revised Annuity
Employee coverage and new FERS Further Revised Annuity Employee
coverage.
CONGRESSIONAL RECORD: SENATE, DECEMBER 17, 2013, PAGE: S8898
Mrs. Murray. Mr. President, Section 401 of the Bipartisan
Budget Act of 2013 creates a new category of employee called a
further revised annuity employee and would require further
revised annuity employees to contribute additional amounts into
the Civil Service Retirement and Disability Fund. It is the
intent of Congress for the Office of Personnel Management to
create a new normal cost for the further revised annuity
employees, and to ensure that the retirement plan not be
underfunded.
Additionally, it is the intent that for the new further
revised annuity employee plan that the only determinant of
whether an individual is a Federal Employee Retirement System,
FERS, employee or Member, as opposed to a FERS revised annuity
employee or FERS further revised annuity employee, is through
application of the FERS revised annuity employee test. And that
the new further revised annuity employee test only
differentiates between FERS revised annuity employee coverage
and new FERS further revised annuity employee coverage.
Appendix C
------
COMMITTEE ON CONFERENCE ON THE CONCURRENT RESOLUTION ON THE BUDGET
SENATE CONCURRENT RESOLUTION 8--LIST OF CONFEREES
Conferees of the House of Representatives
The Speaker of the House appointed conferees for the House
on October 16, 2013
Rep. Paul Ryan (WI) (Chairman of the Conference)
Rep. Tom Cole (OK)
Rep. Tom Price (GA)
Rep. Diane Black (TN)
Rep. Chris Van Hollen (MD)
Rep. James E. Clyburn (SC)
Rep. Nita Lowey (NY)
Conferees of the Senate
The Senate appointed conferees on October 16, 2013
Senator Patty Murray (WA) (Co-Chairman of the Conference)
Senator Ron Wyden (OR)
Senator Bill Nelson (FL)
Senator Debbie Stabenow (MI)
Senator Bernard Sanders (VT)
Senator Sheldon Whitehouse (RI)
Senator Mark R. Warner (VA)
Senator Jeff Merkley (OR)
Senator Christopher A. Coons (DE)
Senator Tammy Baldwin (WI)
Senator Tim Kaine (VA)
Senator Angus S. King, Jr. (ME)
Senator Jeff Sessions (AL)
Senator Charles Grassley (IA)
Senator Michael B. Enzi (WY)
Senator Michael Crapo (ID)
Senator Lindsey Graham (SC)
Senator Rob Portman (OH)
Senator Patrick J. Toomey (PA)
Senator Ron Johnson (WI)
Senator Kelly Ayotte (NH)
Senator Roger F. Wicker (MS)
Appendix D--Updated Portions of the Compilation of Budget Laws
------
CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974
[As Amended Through P.L. 113-67, Enacted December 26, 2013]
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''.
\6\
---------------------------------------------------------------------------
\6\ This part was declared unconstitutional by the United States
Supreme Court. Please see note on page 67.
---------------------------------------------------------------------------
(b) Table of Contents.--
Sec. 1. Short titles; table of contents.
Sec. 2. Declaration of purposes.
Sec. 3. Definitions.
* * * * * * *
TITLE II--CONGRESSIONAL BUDGET OFFICE
Sec. 201. Establishment of Office.
Sec. 202. Duties and functions.
Sec. 203. Public access to budget data.
TITLE III--CONGRESSIONAL BUDGET PROCESS
Sec. 300. Timetable.
Sec. 301. Annual adoption of concurrent resolution on the budget.
Sec. 302. Committee allocations.
Sec. 303. Concurrent resolution on the budget must be adopted before
budget-related legislation is considered.
Sec. 304. Permissible revisions of concurrent resolutions on the budget.
Sec. 305. Prvisions relating to consideration of concurrent resolutions
on the
budget.
Sec. 306. Legislation dealing with congressional budget must be handled
by budget committees.
Sec. 307. House committee action on all appropriation bills to be
completed by June 10.
Sec. 308. Reports, summaries, and projections of congressional budget
actions.
Sec. 309. House approval of regular appropriation bills.
Sec. 310. Reconciliation.
Sec. 311. Budget-related legislation must be within appropriate levels.
Sec. 312. Determinations and points of order.
Sec. 313. Extraneous matter in reconciliation legislation.
Sec. 314. Adjustments.
Sec. 315. Effect of adoption of a special order of business in the House
of Representatives.
TITLE IV--ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES
Part A--General Provisions
Sec. 401. Budget-related legislation not subject to appropriations.
Sec. 402. Analyses by Congressional Budget Office.
* * * * * * *
Sec. 404. Study by the General Accounting Office of forms of Federal
financial commitment that are not reviewed annually by
Congress.
Sec. 405. Off-budget agencies, programs, and activities.
Sec. 406. Member user group.
Part B--Federal Mandates
Sec. 421. Definitions.
Sec. 422. Exclusions.
Sec. 423. Duties of congressional committees.
Sec. 424. Duties of the Director; statements on bills and joint
resolutions other than appropriations bills and joint
resolutions.
Sec. 425. Legislation subject to point of order.
Sec. 426. Provisions relating to the House of Representatives.
Sec. 427. Requests to the Congressional Budget Office from Senators.
Sec. 428. Clarification of application.
TITLE V--CREDIT REFORM
Sec. 500. Short title.
Sec. 501. Purposes.
Sec. 502. Definitions.
Sec. 503. OMB and CBO analysis, coordination, and review.
Sec. 504. Budgetary treatment.
Sec. 505. Authorizations.
Sec. 506. Treatment of deposit insurance and agencies and other
insurance programs.
Sec. 507. Effect on other laws.
[TITLE VI--REPEALED]
TITLE VII--PROGRAM REVIEW AND EVALUATION
* * * * * * *
Sec. 703. Continuing study of additional budget reform proposals.
* * * * * * *
TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES
* * * * * * *
Sec. 904. Exercise of rulemaking powers.
* * * * * * *
TITLE X--IMPOUNDMENT CONTROL
Part A--General Provisions
Sec. 1001. Disclaimer.
* * * * * * *
Part B--Congressional Consideration of Proposed Rescissions,
Reservations, and Deferrals of Budget Authority
Sec. 1011. Definitions.
Sec. 1012. Rescission of budget authority.
Sec. 1013. Proposed deferrals of budget authority.
Sec. 1014. Transmission of messages; publication.
Sec. 1015. Reports by Comptroller General.
Sec. 1016. Suits by Comptroller General.
Sec. 1017. Procedure in House and Senate.
Part C--Line Item Veto \7\
\7\ This part was declared unconstitutional by the United States Supreme
Court. See note set out in the Appendix.
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 II--CONGRESSIONAL BUDGET OFFICE
establishment of office
Sec. 201. [2 U.S.C. 601] (a) In General.--
(1) There is established an office of the Congress
to be known as the Congressional Budget Office
(hereinafter in this title referred to as the
``Office''). The Office shall be headed by a Director;
and there shall be a Deputy Director who shall perform
such duties as may be assigned to him by the Director
and, during the absence or incapacity of the Director
or during a vacancy in that office, shall act as
Director.
(2) The Director shall be appointed by the Speaker
of the House of Representatives and the President pro
tempore of the Senate after considering recommendations
received from the Committees on the Budget of the House
and the Senate, without regard to political affiliation
and solely on the basis of his fitness to perform his
duties. The Deputy Director shall be appointed by the
Director.
(3) The term of office of the Director shall be 4
years and shall expire on January 3 of the year
preceding each Presidential election. Any individual
appointed as Director to fill a vacancy prior to the
expiration of a term shall serve only for the unexpired
portion of that term. An individual serving as Director
at the expiration of a term may continue to serve until
his successor is appointed. Any Deputy Director shall
serve until the expiration of the term of office of the
Director who appointed him (and until his successor is
appointed), unless sooner removed by the Director.
(4) The Director may be removed by either House by
resolution.
(5)(A) The Director shall receive compensation at
an annual rate of pay that is equal to the lower of--
(i) the highest annual rate of compensation
of any officer of the Senate; or
(ii) the highest annual rate of
compensation of any officer of the House of
Representatives.
(B) The Deputy Director shall receive compensation
at an annual rate of pay that is $1,000 less than the
annual rate of pay received by the Director, as
determined under subparagraph (A).
(b) Personnel.--The Director shall appoint and fix the
compensation of such personnel as may be necessary to carry out
the duties and functions of the Office. All personnel of the
Office shall be appointed without regard to political
affiliation and solely on the basis of their fitness to perform
their duties. The Director may prescribe the duties and
responsibilities of the personnel of the Office, and delegate
to them authority to perform any of the duties, powers, and
functions imposed on the Office or on the Director. For
purposes of pay (other than pay of the Director and Deputy
Director) and employment benefits, rights, and privileges, all
personnel of the Office shall be treated as if they were
employees of the House of Representatives.
(c) Experts and Consultants.--In carrying out the duties
and functions of the Office, the Director may procure the
temporary (not to exceed one year) or intermittent services of
experts or consultants or organizations thereof by contract as
independent contractors, or, in the case of individual experts
or consultants, by employment at rates of pay not in excess of
the daily equivalent of the highest rate of basic pay payable
under the General Schedule of section 5332 of title 5, United
States Code.
(d) Relationship to Executive Branch.--The Director is
authorized to secure information, data, estimates, and
statistics directly from the various departments, agencies, and
establishments of the executive branch of Government and the
regulatory agencies and commissions of the Government. All such
departments, agencies, establishments, and regulatory agencies
and commissions shall furnish the Director any available
material which he determines to be necessary in the performance
of his duties and functions (other than material the disclosure
of which would be a violation of law). The Director is also
authorized, upon agreement with the head of any such
department, agency, establishment, or regulatory agency or
commission, to utilize its services, facilities, and personnel
with or without reimbursement; and the head of each such
department, agency, establishment, or regulatory agency or
commission is authorized to provide the Office such services,
facilities, and personnel.
(e) Relationship to Other Agencies of Congress.--In
carrying out the duties and functions of the Office, and for
the purpose of coordinating the operations of the Office with
those of other congressional agencies with a view to utilizing
most effectively the information, services, and capabilities of
all such agencies in carrying out the various responsibilities
assigned to each, the Director is authorized to obtain
information, data, estimates, and statistics developed by the
General Accounting Office, and the Library of Congress, and
(upon agreement with them) to utilize their services,
facilities, and personnel with or without reimbursement. The
Comptroller General, and the Librarian of Congress are
authorized to provide the Office with the information, data,
estimates, and statistics, and the services, facilities, and
personnel, referred to in the preceding sentence.
(f) Revenue Estimates.--For the purposes of revenue
legislation which is income, estate and gift, excise, and
payroll taxes (i.e., Social Security), considered or enacted in
any session of Congress, the Congressional Budget Office shall
use exclusively during that session of Congress revenue
estimates provided to it by the Joint Committee on Taxation.
During that session of Congress such revenue estimates shall be
transmitted by the Congressional Budget Office to any committee
of the House of Representatives or the Senate requesting such
estimates, and shall be used by such Committees in determining
such estimates. The Budget Committees of the Senate and House
shall determine all estimates with respect to scoring points of
order and with respect to the execution of the purposes of this
Act.
(g) Appropriations.--There are authorized to be
appropriated to the Office for each fiscal year such sums as
may be necessary to enable it to carry out its duties and
functions. Until sums are first appropriated pursuant to the
preceding sentence, but for a period not exceeding 12 months
following the effective date of this subsection, the expenses
of the Office shall be paid from the contingent fund of the
Senate, in accordance with the paragraph relating to the
contingent fund of the Senate under the heading ``UNDER
LEGISLATIVE'' in the Act of October 1, 1888 (28 Stat. 546; 2
U.S.C. 68), and upon vouchers approved by the Director.
duties and functions
Sec. 202. [2 U.S.C. 602] (a) Assistance to Budget
Committees.--It shall be the primary duty and function of the
Office to provide to the Committees on the Budget of both
Houses information which will assist such committees in the
discharge of all matters within their jurisdictions, including
(1) information with respect to the budget, appropriation
bills, and other bills authorizing or providing new budget
authority or tax expenditures, (2) information with respect to
revenues, receipts, estimated future revenues and receipts, and
changing revenue conditions, and (3) such related information
as such Committees may request.
(b) Assistance to Committees on Appropriations, Ways and
Means, and Finance.--At the request of the Committee on
Appropriations of either House, the Committee on Ways and Means
of the House of Representatives, or the Committee on Finance of
the Senate, the Office shall provide to such Committee any
information which will assist it in the discharge of matters
within its jurisdiction, including information described in
clauses (1) and (2) of subsection (a) and such related
information as the Committee may request.
(c) Assistance to Other Committees and Members.--
(1) At the request of any other committee of the
House of Representatives or the Senate or any joint
committee of the Congress, the Office shall provide to
such committee or joint committee any information
compiled in carrying out clauses (1) and (2) of
subsection (a), and, to the extent practicable, such
additional information related to the foregoing as may
be requested.
(2) At the request of any committee of the Senate
or the House of Representatives, the Office shall, to
the extent practicable, consult with and assist such
committee in analyzing the budgetary or financial
impact of any proposed legislation that may have--
(A) a significant budgetary impact on
State, local, or tribal governments;
(B) a significant financial impact on the
private sector; or
(C) a significant employment impact on the
private sector.
(3) At the request of any Member of the House or
Senate, the Office shall provide to such member any
information compiled in carrying out clauses (1) and
(2) of subsection (a), and, to the extent available,
such additional information related to the foregoing as
may be requested.
(d) Assignment of Office Personnel to Committees and Joint
Committees.--At the request of the Committee on the Budget of
either House, personnel of the Office shall be assigned, on a
temporary basis, to assist such committee. At the request of
any other committee of either House or any joint committee of
the Congress, personnel of the Office may be assigned, on a
temporary basis, to assist such committee or joint committee
with respect to matters directly related to the applicable
provisions of subsection (b) or (c).
(e) Reports to Budget Committees.--
(1) On or before February 15 of each year, the
Director shall submit to the Committees on the Budget
of the House of Representatives and the Senate, a
report for the fiscal year commencing on October 1 of
that year, with respect to fiscal policy, including (A)
alternative levels of total revenues, total new budget
authority, and total outlays (including related
surpluses and deficits), (B) the levels of tax
expenditures under existing law, taking into account
projected economic factors and any changes in such
levels based on proposals in the budget submitted by
the President for such fiscal year, and (C) a statement
of the levels of budget authority and outlays for each
program assumed to be extended in the baseline, as
provided in section 257(b)(2)(A) and for excise taxes
assumed to be extended under section 257(b)(2)(C) of
the Balanced Budget and Emergency Deficit Control Act
of 1985. Such report shall also include a discussion of
national budget priorities, including alternative ways
of allocating new budget authority and budget outlays
for such fiscal year among major programs or functional
categories, taking into account how such alternative
allocations will meet major national needs and affect
balanced growth and development of the United States.
(2) The Director shall from time to time submit to
the Committees on the Budget of the House of
Representatives and the Senate such further reports
(including reports revising the report required by
paragraph (1)) as may be necessary or appropriate to
provide such Committees with information, data, and
analyses for the performance of their duties and
functions.
(3) On or before January 15 of each year, the
Director, after consultation with the appropriate
committees of the House of Representatives and Senate,
shall submit to the Congress a report listing (A) all
programs and activities funded during the fiscal year
ending September 30 of that calendar year for which
authorizations for appropriations have not been enacted
for that fiscal year, and (B) all programs and
activities for which authorizations for appropriations
have been enacted for the fiscal year ending September
30 of that calendar year, but for which no
authorizations for appropriations have been enacted for
the fiscal year beginning October 1 of that calendar
year.
(f) Use of Computers and Other Techniques.--The Director
may equip the Office with up-to-date computer capability (upon
approval of the Committee on House Oversight of the House of
Representatives and the Committee on Rules and Administration
of the Senate), obtain the services of experts and consultants
in computer technology, and develop techniques for the
evaluation of budgetary requirements.
(g) Studies.--
(1) Continuing studies.--The Director of the
Congressional Budget Office shall conduct continuing
studies to enhance comparisons of budget outlays,
credit authority, and tax expenditures.
(2) Federal mandate studies.--
(A) At the request of any Chairman or
ranking member of the minority of a Committee
of the Senate or the House of Representatives,
the Director shall, to the extent practicable,
conduct a study of a legislative proposal
containing a Federal mandate.
(B) In conducting a study on
intergovernmental mandates under subparagraph
(A), the Director shall--
(i) solicit and consider
information or comments from elected
officials (including their designated
representatives) of State, local, or
tribal governments as may provide
helpful information or comments;
(ii) consider establishing advisory
panels of elected officials or their
designated representatives, of State,
local, or tribal governments if the
Director determines that such advisory
panels would be helpful in performing
responsibilities of the Director under
this section; and
(iii) if, and to the extent that
the Director determines that accurate
estimates are reasonably feasible,
include estimates of--
(I) the future direct cost
of the Federal mandate to the
extent that such costs
significantly differ from or
extend beyond the 5-year period
after the mandate is first
effective; and
(II) any disproportionate
budgetary effects of Federal
mandates upon particular
industries or sectors of the
economy, States, regions, and
urban or rural or other types
of communities, as appropriate.
(C) In conducting a study on private sector
mandates under subparagraph (A), the Director
shall provide estimates, if and to the extent
that the Director determines that such
estimates are reasonably feasible, of--
(i) future costs of Federal private
sector mandates to the extent that such
mandates differ significantly from or
extend beyond the 5-year time period
referred to in subparagraph
(B)(iii)(I);
(ii) any disproportionate financial
effects of Federal private sector
mandates and of any Federal financial
assistance in the bill or joint
resolution upon any particular
industries or sectors of the economy,
States, regions, and urban or rural or
other types of communities; and
(iii) the effect of Federal private
sector mandates in the bill or joint
resolution on the national economy,
including the effect on productivity,
economic growth, full employment,
creation of productive jobs, and
international competitiveness of United
States goods and services.
public access to budget data
Sec. 203. [2 U.S.C. 603] (a) Right To Copy.--Except as
provided in subsections (c), (d), and (e), the Director shall
make all information, data, estimates, and statistics obtained
under sections 201(d) and 201(e) available for public copying
during normal business hours, subject to reasonable rules and
regulations, and shall to the extent practicable, at the
request of any person, furnish a copy of any such information,
data, estimates, or statistics upon payment by such person of
the cost of making and furnishing such copy.
(b) Index.--The Director shall develop and maintain filing,
coding, and indexing systems that identify the information,
data, estimates, and statistics to which subsection (a) applies
and shall make such systems available for public use during
normal business hours.
(c) Exceptions.--Subsection (a) shall not apply to
information, data, estimates, and statistics--
(1) which are specifically exempted from disclosure
by law; or
(2) which the Director determines will disclose--
(A) matters necessary to be kept secret in
the interests of national defense or the
confidential conduct of the foreign relations
of the United States;
(B) information relating to trade secrets
or financial or commercial information
pertaining specifically to a given person if
the information has been obtained by the
Government on a confidential basis, other than
through an application by such person for a
specific financial or other benefit, and is
required to be kept secret in order to prevent
undue injury to the competitive position of
such person; or
(C) personnel or medical data or similar
data the disclosure of which would constitute a
clearly unwarranted invasion of personal
privacy;
unless the portions containing such matters,
information, or data have been excised.
(d) Information Obtained for Committees and Members.--
Subsection (a) shall apply to any information, data, estimates,
and statistics obtained at the request of any committee, joint
committee, or Member unless such committee, joint committee, or
Member has instructed the Director not to make such
information, data, estimates, or statistics available for
public copying.
(e) Level of Confidentiality.--With respect to information,
data, estimates, and statistics obtained under sections 201(d)
and 201(e), the Director shall maintain the same level of
confidentiality as is required by law of the department,
agency, establishment, or regulatory agency or commission from
which it is obtained. Officers and employees of the
Congressional Budget Office shall be subject to the same
statutory penalties for unauthorized disclosure or use as
officers or employees of the department, agency, establishment,
or regulatory agency or commission from which it is obtained.
TITLE III--CONGRESSIONAL BUDGET PROCESS \8\
---------------------------------------------------------------------------
\8\ Most points of order under this title may be waived or
suspended in the Senate only by the affirmative vote of three-fifths of
the Members duly chosen or sworn. See sec. 904(c) for details.
---------------------------------------------------------------------------
timetable
Sec. 300. [2 U.S.C. 631] The timetable with respect to the
congressional budget process for any fiscal year is as follows:
On or before: Action to be completed:
First Monday in FePresident submits his budget. ......................
February 15.......Congressional Budget Office submits report to Budget
Committees.
Not later than 6 wCommittees submit views and estimates to Budget ....
Committees.
April 1...........Senate Budget Committee reports concurrent .........
resolution on the budget.
April 15..........Congress completes action on concurrent resolution .
on the budget.
May 15............Annual appropriation bills may be considered in the
House.
June 10...........House Appropriations Committee reports last annual .
appropriation bill.
June 15...........Congress completes action on reconciliation ........
legislation.
June 30...........House completes action on annual appropriation .....
bills.
October 1.........Fiscal year begins..................................
annual adoption of concurrent resolution on the budget
Sec. 301. [2 U.S.C. 632] (a) \9\ 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--
---------------------------------------------------------------------------
\9\ See clause 10(b) of rule XVIII and rule XXII of the Rules of
the House of Representatives.
---------------------------------------------------------------------------
(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, survivors, and disability
insurance program established under title II of the Social
Security Act or the related provisions of the Internal Revenue
Code of 1986 in the surplus or deficit totals required by this
subsection or in any other surplus or deficit totals required
by this title.
(b) Additional Matters in Concurrent 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) \10\ 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.
---------------------------------------------------------------------------
\10\ See clauses 4(f) and 11(c)(3) of rule X of the Rules of the
House of Representatives.
---------------------------------------------------------------------------
(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. \11\ [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--
---------------------------------------------------------------------------
\11\ 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.
---------------------------------------------------------------------------
(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. \12\ [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.
---------------------------------------------------------------------------
\12\ See rule XXIII of the Rules of the House of Representatives.
---------------------------------------------------------------------------
provisions relating to the consideration of concurrent resolutions on
the budget
Sec. 305. [2 U.S.C. 636] (a) \13\ Procedure in House of
Representatives After Report of Committee; Debate.--
---------------------------------------------------------------------------
\13\ See clause 10(a) of rule XVIII of the Rules of the House of
Representatives.
---------------------------------------------------------------------------
(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 4 of rule XIII
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.
(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) \14\ 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
XVIII 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.
---------------------------------------------------------------------------
\14\ See clause 10(c) of rule XVIII of the Rules of the House of
Representatives.
---------------------------------------------------------------------------
(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 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] (a) In the Senate.--In the Senate,
no bill, resolution, amendment, motion, or conference report,
dealing with any matter which is within the jurisdiction of the
Committee on the Budget shall be considered unless it is a bill
or resolution which has been reported by the Committee on the
Budget (or from the consideration of which such committee has
been discharged) or unless it is an amendment to such a bill or
resolution.
(b) In the House of Representatives.--In the House of
Representatives, no bill or joint resolution, or amendment
thereto, or conference report thereon, dealing with any matter
which is within the jurisdiction of the Committee on the Budget
shall be considered unless it is a bill or joint resolution
which has been reported by the Committee on the Budget (or from
the consideration of which such committee has been discharged)
or unless it is an amendment to such a bill or joint
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) \15\ Legislation Providing New
Budget Authority or Providing an Increase or Decrease in
Revenues or Tax Expenditures.-- \16\
---------------------------------------------------------------------------
\15\ See clause 3(c)(2) and (d)(2) of rule XIII of the Rules of the
House of Representatives.
\16\ Section 4(b)(1)(B) of Public Law 111-139 provides for an
amendment to the subsection heading in section 308(a). Such amendment
did not include the correct casing as it appeared in the law; however,
the amendment was executed here by striking the language as it appeared
in the law to reflect the probable intent of Congress.
---------------------------------------------------------------------------
(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
Sec. 310. [2 U.S.C. 641] (a) Inclusion of Reconciliation
Directives in Concurrent Resolutions on the Budget.--A
concurrent resolution on the budget for any fiscal year, to the
extent necessary to effectuate the provisions and requirements
of such resolution, shall--
(1) specify the total amount by which--
(A) new budget authority for such fiscal
year;
(B) budget authority initially provided for
prior fiscal years;
(C) new entitlement authority which is to
become effective during such fiscal year; and
(D) credit authority for such fiscal year,
contained in laws, bills, and resolutions within the
jurisdiction of a committee is to be changed and direct
that committee to determine and recommend changes to
accomplish a change of such total amount;
(2) specify the total amount by which revenues are
to be changed and direct that the committees having
jurisdiction to determine and recommend changes in the
revenue laws, bills, and resolutions to accomplish a
change of such total amount;
(3) specify the amounts by which the statutory
limit on the public debt is to be changed and direct
the committee having jurisdiction to recommend such
change; or
(4) specify and direct any combination of the
matters described in paragraphs (1), (2), and (3)
(including a direction to achieve deficit reduction).
(b) Legislative Procedure.--If a concurrent resolution
containing directives to one or more committees to determine
and recommend changes in laws, bills, or resolutions is agreed
to in accordance with subsection (a), and--
(1) only one committee of the House or the Senate
is directed to determine and recommend changes, that
committee shall promptly make such determination and
recommendations and report to its House reconciliation
legislation containing such recommendations; or
(2) more than one committee of the House or the
Senate is directed to determine and recommend changes,
each such committee so directed shall promptly make
such determination and recommendations and submit such
recommendations to the Committee on the Budget of its
House, which upon receiving all such recommendations,
shall report to its House reconciliation legislation
carrying out all such recommendations without any
substantive revision.
For purposes of this subsection, a reconciliation resolution is
a concurrent resolution directing the Clerk of the House of
Representatives or the Secretary of the Senate, as the case may
be, to make specified changes in bills and resolutions which
have not been enrolled.
(c) Compliance With Reconciliation Directions.--(1) Any
committee of the House of Representatives or the Senate that is
directed, pursuant to a concurrent resolution on the budget, to
determine and recommend changes of the type described in
paragraphs (1) and (2) of subsection (a) with respect to laws
within its jurisdiction, shall be deemed to have complied with
such directions--
(A) if--
(i) the amount of the changes of the type
described in paragraph (1) of such subsection
recommended by such committee do not exceed or
fall below the amount of the changes such
committee was directed by such concurrent
resolution to recommend under that paragraph by
more than--
(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 has been enacted.
(c) Maximum Deficit Amount Point of Order in the Senate.--
It shall not be in order in the Senate to consider any
concurrent resolution on the budget for a fiscal year, or to
consider any amendment to that concurrent resolution, or to
consider a conference report on that concurrent resolution,
if--
(1) the level of total outlays for the first fiscal
year set forth in that concurrent resolution or
conference report exceeds; or
(2) the adoption of that amendment would result in
a level of total outlays for that fiscal year that
exceeds;
the recommended level of Federal revenues for that fiscal year,
by an amount that is greater than the maximum deficit amount,
if any, specified in the Balanced Budget and Emergency Deficit
Control Act of 1985 for that fiscal year.
(d) Timing of Points of Order in the Senate.--A point of
order under this Act may not be raised against a bill,
resolution, amendment, motion, or conference report while an
amendment or motion, the adoption of which would remedy the
violation of this Act, is pending before the Senate.
(e) Points of Order in the Senate Against Amendments
Between the Houses.--Each provision of this Act that
establishes a point of order against an amendment also
establishes a point of order in the Senate against an amendment
between the Houses. If a point of order under this Act is
raised in the Senate against an amendment between the Houses
and the point of order is sustained, the effect shall be the
same as if the Senate had disagreed to the amendment.
(f) Effect of a Point of Order in the Senate.--In the
Senate, if a point of order under this Act against a bill or
resolution is sustained, the Presiding Officer shall then
recommit the bill or resolution to the committee of appropriate
jurisdiction for further consideration.
extraneous matter in reconciliation legislation
Sec. 313. [2 U.S.C. 644] (a) In General.--When the Senate
is considering a reconciliation bill or a reconciliation
resolution pursuant to section 310 (whether that bill or
resolution originated in the Senate or the House) or section
258C of the Balanced Budget and Emergency Deficit Control Act
of 1985, upon a point of order being made by any Senator
against material extraneous to the instructions to a committee
which is contained in any title or provision of the bill or
resolution or offered as an amendment to the bill or
resolution, and the point of order is sustained by the Chair,
any part of said title or provision that contains material
extraneous to the instructions to said Committee as defined in
subsection (b) shall be deemed stricken from the bill and may
not be offered as an amendment from the floor.
(b) Extraneous Provisions.--(1)(A) Except as provided in
paragraph (2), a provision of a reconciliation bill or
reconciliation resolution considered pursuant to section 310
shall be considered extraneous if such provision does not
produce a change in outlays or revenue, including changes in
outlays and revenues brought about by changes in the terms and
conditions under which outlays are made or revenues are
required to be collected (but a provision in which outlay
decreases or revenue increases exactly offset outlay increases
or revenue decreases shall not be considered extraneous by
virtue of this subparagraph); (B) any provision producing an
increase in outlays or decrease in revenues shall be considered
extraneous if the net effect of provisions reported by the
Committee reporting the title containing the provision is that
the Committee fails to achieve its reconciliation instructions;
(C) a provision that is not in the jurisdiction of the
Committee with jurisdiction over said title or provision shall
be considered extraneous; (D) a provision shall be considered
extraneous if it produces changes in outlays or revenues which
are merely incidental to the non-budgetary components of the
provision; (E) a provision shall be considered to be extraneous
if it increases, or would increase, net outlays, or if it
decreases, or would decrease, revenues during a fiscal year
after the fiscal years covered by such reconciliation bill or
reconciliation resolution, and such increases or decreases are
greater than outlay reductions or revenue increases resulting
from other provisions in such title in such year; and (F) a
provision shall be considered extraneous if it violates section
310(g).
(2) A Senate-originated provision shall not be considered
extraneous under paragraph (1)(A) if the Chairman and Ranking
Minority Member of the Committee on the Budget and the Chairman
and Ranking Minority Member of the Committee which reported the
provision certify that: (A) the provision mitigates direct
effects clearly attributable to a provision changing outlays or
revenue and both provisions together produce a net reduction in
the deficit; (B) the provision will result in a substantial
reduction in outlays or a substantial increase in revenues
during fiscal years after the fiscal years covered by the
reconciliation bill or reconciliation resolution; (C) a
reduction of outlays or an increase in revenues is likely to
occur as a result of the provision, in the event of new
regulations authorized by the provision or likely to be
proposed, court rulings on pending litigation, or relationships
between economic indices and stipulated statutory triggers
pertaining to the provision, other than the regulations, court
rulings or relationships currently projected by the
Congressional Budget Office for scorekeeping purposes; or (D)
such provision will be likely to produce a significant
reduction in outlays or increase in revenues but, due to
insufficient data, such reduction or increase cannot be
reliably estimated.
(3) A provision reported by a committee shall not be
considered extraneous under paragraph (1)(C) if (A) the
provision is an integral part of a provision or title, which if
introduced as a bill or resolution would be referred to such
committee, and the provision sets forth the procedure to carry
out or implement the substantive provisions that were reported
and which fall within the jurisdiction of such committee; or
(B) the provision states an exception to, or a special
application of, the general provision or title of which it is a
part and such general provision or title if introduced as a
bill or resolution would be referred to such committee.
(c) Extraneous Materials.--Upon the reporting or discharge
of a reconciliation bill or resolution pursuant to section 310
in the Senate, and again upon the submission of a conference
report on such a reconciliation bill or resolution, the
Committee on the Budget of the Senate shall submit for the
record a list of material considered to be extraneous under
subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this section
to the instructions of a committee as provided in this section.
The inclusion or exclusion of a provision shall not constitute
a determination of extraneousness by the Presiding Officer of
the Senate.
(d) Conference Reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a reconciliation bill or reconciliation resolution
pursuant to section 310, upon--
(1) a point of order being made by any Senator
against extraneous material meeting the definition of
subsections (b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E),
or (b)(1)(F), and
(2) such point of order being sustained,
such material contained in such conference report or amendment
shall be deemed stricken, and the Senate shall proceed, without
intervening action or motion, to consider the question of
whether the Senate shall recede from its amendment and concur
with a further amendment, or concur in the House amendment with
a further amendment, as the case may be, which further
amendment shall consist of only that portion of the conference
report or House amendment, as the case may be, not so stricken.
Any such motion in the Senate shall be debatable for two hours.
In any case in which such point of order is sustained against a
conference report (or Senate amendment derived from such
conference report by operation of this subsection), no further
amendment shall be in order.
(e) General Point of Order.--Notwithstanding any other law
or rule of the Senate, it shall be in order for a Senator to
raise a single point of order that several provisions of a
bill, resolution, amendment, motion, or conference report
violate this section. The Presiding Officer may sustain the
point of order as to some or all of the provisions against
which the Senator raised the point of order. If the Presiding
Officer so sustains the point of order as to some of the
provisions (including provisions of an amendment, motion, or
conference report) against which the Senator raised the point
of order, then only those provisions (including provisions of
an amendment, motion, or conference report) against which the
Presiding Officer sustains the point of order shall be deemed
stricken pursuant to this section. Before the Presiding Officer
rules on such a point of order, any Senator may move to waive
such a point of order as it applies to some or all of the
provisions against which the point of order was raised. Such a
motion to waive is amendable in accordance with the rules and
precedents of the Senate. After the Presiding Officer rules on
such a point of order, any Senator may appeal the ruling of the
Presiding Officer on such a point of order as it applies to
some or all of the provisions on which the Presiding Officer
ruled.
adjustments
Sec. 314. [2 U.S.C. 645] (a) Adjustments.--After the
reporting of a bill or joint resolution or the offering of an
amendment thereto or the submission of a conference report
thereon, the chairman of the Committee on the Budget of the
House of Representatives or the Senate may make appropriate
budgetary adjustments of new budget authority and the outlays
flowing therefrom in the same amount as required by section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
(b) Application of Adjustments.--The adjustments made
pursuant to subsection (a) for legislation shall--
(1) apply while that legislation is under
consideration;
(2) take effect upon the enactment of that
legislation; and
(3) be published in the Congressional Record as
soon as practicable.
(c) Reporting Revised Suballocations.--Following any
adjustment made under subsection (a), the Committees on
Appropriations of the Senate and the House of Representatives
may report appropriately revised suballocations under section
302(b) to carry out this section.
(d) Emergencies in the House of Representatives.--(1) In
the House of Representatives, if a reported bill or joint
resolution, or amendment thereto or conference report thereon,
contains a provision providing new budget authority and outlays
or reducing revenue, and a designation of such provision as an
emergency requirement pursuant to 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, the chair of
the Committee on the Budget of the House of Representatives
shall not count the budgetary effects of such provision for
purposes of title III and title IV of the Congressional Budget
Act of 1974 and the Rules of the House of Representatives.
(2)
(A) In the House of Representatives, a proposal to strike a
designation under paragraph (1) 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.
(B) An amendment offered under subparagraph (A) that also
proposes to reduce each amount appropriated or otherwise made
available by the pending measure that is not required to be
appropriated or otherwise made available shall be in order at
any point in the reading of the pending measure.
(e) Senate Point of Order Against an Emergency
Designation.--
(1) In general.--When the Senate is considering a
bill, resolution, amendment, motion, amendment between
the Houses, or conference report, if a point of order
is made by a Senator against an emergency designation
in that measure, that provision making such a
designation shall be stricken from the measure and may
not be offered as an amendment from the floor.
(2) Supermajority waiver and appeals.--
(A) Waiver.--Paragraph (1) may be waived or
suspended in the Senate only by an affirmative
vote of three-fifths of the Members, duly
chosen and sworn.
(B) Appeals.--Appeals in the Senate from
the decisions of the Chair relating to any
provision of this subsection shall be limited
to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of
the bill or joint resolution, as the case may
be. An affirmative vote of three-fifths of the
Members of the Senate, duly chosen and sworn,
shall be required to sustain an appeal of the
ruling of the Chair on a point of order raised
under this subsection.
(3) Definition of an emergency designation.--For
purposes of paragraph (1), a provision shall be
considered an emergency designation if it designates
any item pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of
1985.
(4) Form of the point of order.--A point of order
under paragraph (1) may be raised by a Senator as
provided in section 313(e) of the Congressional Budget
Act of 1974.
(5) Conference reports.--When the Senate is
considering a conference report on, or an amendment
between the Houses in relation to, a bill, upon a point
of order being made by any Senator pursuant to this
section, and such point of order being sustained, such
material contained in such conference report shall be
deemed stricken, and the Senate shall proceed to
consider the question of whether the Senate shall
recede from its amendment and concur with a further
amendment, or concur in the House amendment with a
further amendment, as the case may be, which further
amendment shall consist of only that portion of the
conference report or House amendment, as the case may
be, not so stricken. Any such motion in the Senate
shall be debatable. In any case in which such point of
order is sustained against a conference report (or
Senate amendment derived from such conference report by
operation of this subsection), no further amendment
shall be in order.
(f) Enforcement of Discretionary Spending Caps.--It shall
not be in order in the House of Representatives or the Senate
to consider any bill, joint resolution, amendment, motion, or
conference report that would cause the discretionary spending
limits as set forth in section 251 of the Balanced Budget and
Emergency Deficit Control Act to be exceeded.
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. In the case of a reported bill or joint resolution
considered pursuant to a special order of business, a point of
order under section 303 shall be determined on the basis of the
text made in order as an original bill or joint resolution for
the purpose of amendment or to the text on which the previous
question is ordered directly to passage, as the case may be.
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. \17\
---------------------------------------------------------------------------
\17\ 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.
---------------------------------------------------------------------------
(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(a) 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.
(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 will result from such new spending authority is
derived \18\--
---------------------------------------------------------------------------
\18\ Section 10116(a)(4)(A) of Public Law 105-33 provides for an
amendment to strike ``new spending authority if the budget authority
for outlays which result from such new spending authority is derived''
and insert ``new authority described in those subsections if outlays
from that new authority will flow''.
Such amendment could not be carried out because the word ``will''
appears after ``for outlays which'' in law.
---------------------------------------------------------------------------
(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.
(3) In the House of Representatives, subsections
(a) and (b) shall not apply to new authority described
in those subsections to the extent that a provision in
a bill or joint resolution, or an amendment thereto or
a conference report thereon, establishes prospectively
for a Federal office or position a specified or minimum
level of compensation to be funded by annual
discretionary appropriations.
analysis by congressional budget office
Sec. 402. \19\ [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--
---------------------------------------------------------------------------
\19\ See clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives.
---------------------------------------------------------------------------
(1) an estimate of the costs which would be
incurred in carrying out such bill or resolution in the
fiscal year in which it is to become effective and in
each of the 4 fiscal years following such fiscal year,
together with the basis for each such estimate;
(2) a comparison of the estimates of costs
described in paragraph (1), with any available
estimates of costs made by such committee or by any
Federal agency; and
(3) a description of each method for establishing a
Federal financial commitment contained in such bill or
resolution.
The estimates, comparison, and description so submitted shall
be included in the report accompanying such bill or resolution
if timely submitted to such committee before such report is
filed.
* * * * * * *
study by the general accounting office of forms of federal financial
commitment that are not reviewed annually by congress
Sec. 404. [2 U.S.C. 654] The General Accounting Office
shall study those provisions of law which provide mandatory
spending and report to the Congress its recommendations for the
appropriate form of financing for activities or programs
financed by such provisions not later than eighteen months
after the effective date of this section. Such report shall be
revised from time to time.
off-budget agencies, programs, and activities
Sec. 405. [2 U.S.C. 655] (a) Notwithstanding any other
provision of law, budget authority, credit authority, and
estimates of outlays and receipts for activities of the Federal
budget which are off-budget immediately prior to the date of
enactment of this section, not including activities of the
Federal Old-Age and Survivors Insurance and Federal Disability
Insurance Trust Funds, shall be included in a budget submitted
pursuant to section 1105 of title 31, United States Code, and
in a concurrent resolution on the budget reported pursuant to
section 301 or section 304 of this Act and shall be considered,
for purposes of this Act, budget authority, outlays, and
spending authority in accordance with definitions set forth in
this Act.
(b) All receipts and disbursements of the Federal Financing
Bank with respect to any obligations which are issued, sold, or
guaranteed by a Federal agency shall be treated as a means of
financing such agency for purposes of section 1105 of title 31,
United States Code, and for purposes of this Act.
member user group
Sec. 406. [2 U.S.C. 656] The Speaker of the House of
Representatives, after consulting with the Minority Leader of
the House, may appoint a Member User Group for the purpose of
reviewing budgetary scorekeeping rules and practices of the
House and advising the Speaker from time to time on the effect
and impact of such rules and practices.
Part B--Federal Mandates \20\
---------------------------------------------------------------------------
\20\ 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 (P.L. 104-4; 109 Stat. 50).
---------------------------------------------------------------------------
SEC. 421. [2 U.S.C. 658] DEFINITIONS.
For purposes of this part:
(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.
(a) In General.--It shall not be in order in the Senate or
the House of Representatives to consider--
(1) any bill or joint resolution that is reported
by a committee unless the committee has published a
statement of the Director on the direct costs of
Federal mandates in accordance with section 423(f)
before such consideration, except this paragraph shall
not apply to any supplemental statement prepared by the
Director under section 424(d); and
(2) any bill, joint resolution, amendment, motion,
or conference report that would increase the direct
costs of Federal intergovernmental mandates by an
amount that causes the thresholds specified in section
424(a)(1) to be exceeded, unless--
(A) the bill, joint resolution, amendment,
motion, or conference report provides new
budget authority or new entitlement authority
in the House of Representatives or direct
spending authority in the Senate for each
fiscal year for such mandates included in the
bill, joint resolution, amendment, motion, or
conference report in an amount equal to or
exceeding the direct costs of such mandate; or
(B) the bill, joint resolution, amendment,
motion, or conference report includes an
authorization for appropriations in an amount
equal to or exceeding the direct costs of such
mandate, and--
(i) identifies a specific dollar
amount of the direct costs of such
mandate for each year up to 10 years
during which such mandate shall be in
effect under the bill, joint
resolution, amendment, motion or
conference report, and such estimate is
consistent with the estimate determined
under subsection (e) for each fiscal
year;
(ii) identifies any appropriation
bill that is expected to provide for
Federal funding of the direct cost
referred to under clause (i); and
(iii)(I) provides that for any
fiscal year the responsible Federal
agency shall determine whether there
are insufficient appropriations for
that fiscal year to provide for the
direct costs under clause (i) of such
mandate, and shall (no later than 30
days after the beginning of the fiscal
year) notify the appropriate
authorizing committees of Congress of
the determination and submit either--
(aa) a statement that the
agency has determined, based on
a re-estimate of the direct
costs of such mandate, after
consultation with State, local,
and tribal governments, that
the amount appropriated is
sufficient to pay for the
direct costs of such mandate;
or
(bb) legislative
recommendations for either
implementing a less costly
mandate or making such mandate
ineffective for the fiscal
year;
(II) provides for expedited
procedures for the consideration of the
statement or legislative
recommendations referred to in
subclause (I) by Congress no later than
30 days after the statement or
recommendations are submitted to
Congress; and
(III) provides that such mandate
shall--
(aa) in the case of a
statement referred to in
subclause (I)(aa), cease to be
effective 60 days after the
statement is submitted unless
Congress has approved the
agency's determination by joint
resolution during the 60-day
period;
(bb) cease to be effective
60 days after the date the
legislative recommendations of
the responsible Federal agency
are submitted to Congress under
subclause (I)(bb) unless
Congress provides otherwise by
law; or
(cc) in the case that such
mandate that has not yet taken
effect, continue not to be
effective unless Congress
provides otherwise by law.
(b) Rule of Construction.--The provisions of subsection
(a)(2)(B)(iii) shall not be construed to prohibit or otherwise
restrict a State, local, or tribal government from voluntarily
electing to remain subject to the original Federal
intergovernmental mandate, complying with the programmatic or
financial responsibilities of the original Federal
intergovernmental mandate and providing the funding necessary
consistent with the costs of Federal agency assistance,
monitoring, and enforcement.
(c) Committee on Appropriations.--
(1) Application.--The provisions of subsection
(a)--
(A) shall not apply to any bill or
resolution reported by the Committee on
Appropriations of the Senate or the House of
Representatives; except
(B) shall apply to--
(i) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained in
any bill or resolution reported by the
Committee on Appropriations of the
Senate or House of Representatives;
(ii) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained in
any amendment offered to a bill or
resolution reported by the Committee on
Appropriations of the Senate or House
of Representatives;
(iii) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate in a
conference report accompanying a bill
or resolution reported by the Committee
on Appropriations of the Senate or
House of Representatives; and
(iv) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained in
any amendments in disagreement between
the two Houses to any bill or
resolution reported by the Committee on
Appropriations of the Senate or House
of Representatives.
(2) Certain provisions stricken in senate.--Upon a
point of order being made by any Senator against any
provision listed in paragraph (1)(B), and the point of
order being sustained by the Chair, such specific
provision shall be deemed stricken from the bill,
resolution, amendment, amendment in disagreement, or
conference report and may not be offered as an
amendment from the floor.
(d) Determinations of Applicability to Pending
Legislation.--For purposes of this section, in the Senate, the
presiding officer of the Senate shall consult with the
Committee on Governmental Affairs, to the extent practicable,
on questions concerning the applicability of this part to a
pending bill, joint resolution, amendment, motion, or
conference report.
(e) Determinations of Federal Mandate Levels.--For purposes
of this section, in the Senate, the levels of Federal mandates
for a fiscal year shall be determined based on the estimates
made by the Committee on the Budget.
SEC. 426. [2 U.S.C. 658E] PROVISIONS RELATING TO THE HOUSE OF
REPRESENTATIVES.
(a) Enforcement in the House of Representatives.--It shall
not be in order in the House of Representatives to consider a
rule or order that waives the application of section 425.
(b) Disposition of Points of Order.--
(1) Application to the house of representatives.--
This subsection shall apply only to the House of
Representatives.
(2) Threshold burden.--In order to be cognizable by
the Chair, a point of order under section 425 or
subsection (a) of this section must specify the precise
language on which it is premised.
(3) Question of consideration.--As disposition of
points of order under section 425 or subsection (a) of
this section, the Chair shall put the question of
consideration with respect to the proposition that is
the subject of the points of order.
(4) Debate and intervening motions.--A question of
consideration under this section shall be debatable for
10 minutes by each Member initiating a point of order
and for 10 minutes by an opponent on each point of
order, but shall otherwise be decided without
intervening motion except one that the House adjourn or
that the Committee of the Whole rise, as the case may
be.
(5) Effect on amendment in order as original
text.--The disposition of the question of consideration
under this subsection with respect to a bill or joint
resolution shall be considered also to determine the
question of consideration under this subsection with
respect to an amendment made in order as original text.
SEC. 427. [2 U.S.C. 658F] REQUESTS TO THE CONGRESSIONAL BUDGET OFFICE
FROM SENATORS.
At the written request of a Senator, the Director shall, to
the extent practicable, prepare an estimate of the direct costs
of a Federal intergovernmental mandate contained in an
amendment of such Senator.
SEC. 428. [2 U.S.C. 658G] CLARIFICATION OF APPLICATION.
(a) In General.--This part applies to any bill, joint
resolution, amendment, motion, or conference report that
reauthorizes appropriations, or that amends existing
authorizations of appropriations, to carry out any statute, or
that otherwise amends any statute, only if enactment of the
bill, joint resolution, amendment, motion, or conference
report--
(1) would result in a net reduction in or
elimination of authorization of appropriations for
Federal financial assistance that would be provided to
State, local, or tribal governments for use for the
purpose of complying with any Federal intergovernmental
mandate, or to the private sector for use to comply
with any Federal private sector mandate, and would not
eliminate or reduce duties established by the Federal
mandate by a corresponding amount; or
(2) would result in a net increase in the aggregate
amount of direct costs of Federal intergovernmental
mandates or Federal private sector mandates other than
as described in paragraph (1).
(b) Direct Costs.--
(1) In general.--For purposes of this part, the
direct cost of the Federal mandates in a bill, joint
resolution, amendment, motion, or conference report
that reauthorizes appropriations, or that amends
existing authorizations of appropriations, to carry out
a statute, or that otherwise amends any statute, means
the net increase, resulting from enactment of the bill,
joint resolution, amendment, motion, or conference
report, in the amount described under paragraph (2)(A)
over the amount described under paragraph (2)(B).
(2) Amounts.--The amounts referred to under
paragraph (1) are--
(A) the aggregate amount of direct costs of
Federal mandates that would result under the
statute if the bill, joint resolution,
amendment, motion, or conference report is
enacted; and
(B) the aggregate amount of direct costs of
Federal mandates that would result under the
statute if the bill, joint resolution,
amendment, motion, or conference report were
not enacted.
(3) Extension of authorization of appropriations.--
For purposes of this section, in the case of
legislation to extend authorization of appropriations,
the authorization level that would be provided by the
extension shall be compared to the authorization level
for the last year in which authorization of
appropriations is already provided.
TITLE V--CREDIT REFORM
SEC. 500. SHORT TITLE.
This title may be cited as the ``Federal Credit Reform Act
of 1990''.
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.
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.
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.
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.
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 405(b)) 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 405(b), 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.
(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.
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 was repealed by Sec. 10118(a) of Public Law 105-
33 (111 Stat. 695)]
TITLE VII--PROGRAM REVIEW AND EVALUATION
* * * * * * *
continuing study of additional budget reform proposals
Sec. 703. [2 U.S.C. 623] (a) The Committees on the Budget
of the House of Representatives and the Senate shall study on a
continuing basis proposals designed to improve and facilitate
methods of congressional budgetmaking. The proposals to be
studied shall include, but are not limited to, proposals for--
(1) improving the information base required for
determining the effectiveness of new programs by such
means as pilot testing, survey research, and other
experimental and analytical techniques;
(2) improving analytical and systematic evaluation
of the effectiveness of existing programs;
(3) establishing maximum and minimum time
limitations for program authorization; and
(4) developing techniques of human resource
accounting and other means of providing noneconomic as
well as economic evaluation measures.
(b) The Committee on the Budget of each House shall, from
time to time, report to its House the results of the study
carried on by it under subsection (a), together with its
recommendations.
(c) Nothing in this section shall preclude studies to
improve the budgetary process by any other committee of the
House of Representatives or the Senate or any joint committee
of the Congress.
* * * * * * *
TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES
* * * * * * *
exercise of rulemaking powers
Sec. 904. [2 U.S.C. 621 note] (a) The provisions of this
title and of titles I, III, IV, and V and the provisions of
sections 701, 703, and 1017 are enacted by the Congress--
(1) as an exercise of the rulemaking power of the
House of Representatives and the Senate, respectively,
and as such they shall be considered as part of the
rules of each House, respectively, or of that House to
which they specifically apply, and such rules shall
supersede other rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the constitutional
right of either House to change such rules (so far as
relating to such House) at any time, in the same
manner, and to the same extent as in the case of any
other rule of such House.
(b) Any provision of title III or IV may be waived or
suspended in the Senate by a majority vote of the Members
voting, a quorum being present, or by the unanimous consent of
the Senate.
(c) Waivers.--
(1) Permanent.--Sections 305(b)(2), 305(c)(4), 306,
310(d)(2), 313, 904(c), and 904(d) of this Act may be
waived or suspended in the Senate only by the
affirmative vote of three-fifths of the Members, duly
chosen and sworn.
(2) Temporary.--Sections 301(i), 302(c), 302(f),
310(g), 311(a), 312(b), 312(c), 314(e), and 314(f) of
this Act and sections 258(a)(4)(C), 258A(b)(3)(C)(i),
258B(f)(1), 258B(h)(1), 258B(h)(3), 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.
(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), 312(c), 314(e), and 314(f) of this Act and
sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1),
258B(h)(1), 258B(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, 2002.
* * * * * * *
TITLE X--IMPOUNDMENT CONTROL
Part A--General Provisions
disclaimer
Sec. 1001. [2 U.S.C. 681] Nothing contained in this Act, or
in any amendments made by this Act, shall be construed as--
(1) asserting or conceding the constitutional
powers or limitations of either the Congress or the
President;
(2) ratifying or approving any impoundment
heretofore or hereafter executed or approved by the
President or any other Federal officer or employee,
except insofar as pursuant to statutory authorization
then in effect;
(3) affecting in any way the claims or defenses of
any party to litigation concerning any impoundment; or
(4) superseding any provision of law which requires
the obligation of budget authority or the making of
outlays thereunder.
* * * * * * *
Part B--Congressional Consideration of Proposed Rescissions,
Reservations, and Deferrals of Budget Authority
definitions
Sec. 1011. [2 U.S.C. 682] For purposes of this part--
(1) ``deferral of budget authority'' includes--
(A) withholding or delaying the obligations
or expenditure of budget authority (whether by
establishing reserves or otherwise) provided
for projects or activities; or
(B) any other type of Executive action or
inaction which effectively precludes the
obligation or expenditure of budget authority,
including authority to obligate by contract in
advance of appropriations as specifically
authorized by law;
(2) ``Comptroller General'' means the Comptroller
General of the United States;
(3) ``rescission bill'' means a bill or joint
resolution which only recinds in whole or in part,
budget authority proposed to be rescinded in a special
message transmitted by the President under section
1012, and upon which the Congress completes action
before the end of the first period of 45 calendar days
of continuous session of the Congress after the date on
which the President's message is received by the
Congress;
(4) ``impoundment resolution'' means a resolution
of the House of Representatives or the Senate which
only expresses its disapproval of a proposed deferral
of budget authority set forth in a special message
transmitted by the President under section 1013; and
(5) continuity of a session of the Congress shall
be considered as broken only by an adjournment of the
Congress sine die, and the days on which either House
is not in session because of an adjournment of more
than 3 days to a day certain shall be excluded in the
computation of the 45-day period referred to in
paragraph (3) of this section and in section 1012, and
the 25-day periods referred to in sections 1016 and
1017(b)(1). If a special message is transmitted under
section 1012 during any Congress and the last session
of such Congress adjourns sine die before the
expiration of 45 calendar days of continuous session
(or a special message is so transmitted after the last
session of the Congress adjourns sine die), the message
shall be deemed to have been retransmitted on the first
day of the succeeding Congress and the 45-day period
referred to in paragraph (3) of this section and
section 1012 (with respect to such message) shall
commence on the day after such first day.
rescission of budget authority
Sec. 1012. [2 U.S.C. 683] (a) Transmittal of Special
Message.--Whenever the President determines that all or part of
any budget authority will not be required to carry out the full
objectives or scope of programs for which it is provided or
that such budget authority should be rescinded for fiscal
policy or other reasons (including the determination of
authorized projects or activities for which budget authority
has been provided), or whenever all or part of budget authority
provided for only one fiscal year is to be reserved from
obligation for such fiscal year, the President shall transmit
to both Houses of Congress a special message specifying--
(1) the amount of budget authority which he
proposes to be rescinded or which is to be so reserved;
(2) any account, department, or establishment of
the Government to which such budget authority is
available for obligation, and the specific project or
governmental functions involved;
(3) the reasons why the budget authority should be
rescinded or is to be so reserved;
(4) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect of the
proposed rescission or of the reservation; and
(5) all facts, circumstances, and considerations
relating to or bearing upon the proposed rescission or
the reservation and the decision to effect the proposed
rescission or the reservation, and to the maximum
extent practicable, the estimated effect of the
proposed rescission or the reservation upon the
objects, purposes, and programs for which the budget
authority is provided.
(b) Requirement To Make Available for Obligation.--Any
amount of budget authority proposed to be rescinded or that is
to be reserved as set forth in such special message shall be
made available for obligation unless, within the prescribed 45-
day period, the Congress has completed action on a rescission
bill rescinding all or part of the amount proposed to be
rescinded or that is to be reserved. Funds made available for
obligation under this procedure may not be proposed for
rescission again.
proposed deferrals of budget authority
Sec. 1013. [2 U.S.C. 684] (a) Transmittal of Special
Message.--Whenever the President, the Director of the Office of
Management and Budget, the head of any department or agency of
the United States, or any officer or employee of the United
States proposes to defer any budget authority provided for a
specific purpose or project, the President shall transmit to
the House of Representatives and the Senate a special message
specifying--
(1) the amount of the budget authority proposed to
be deferred;
(2) any account, department, or establishment of
the Government to which such budget authority is
available for obligation, and the specific project or
governmental functions involved;
(3) the period of time during which the budget
authority is proposed to be deferred;
(4) the reasons for the proposed deferral,
including any legal authority invoked to justify the
proposed deferral;
(5) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect of the
proposed deferral; and
(6) all facts, circumstances, and considerations
relating to or bearing upon the proposed deferral and
the decision to effect the proposed deferral, including
an analysis of such facts, circumstances, and
considerations in terms of their application to any
legal authority, including specific elements of legal
authority, invoked to justify such proposed deferral,
and to the maximum extent practicable, the estimated
effect of the proposed deferral upon the objects,
purposes, and programs for which the budget authority
is provided.
A special message may include one or more proposed deferrals of
budget authority. A deferral may not be proposed for any period
of time extending beyond the end of the fiscal year in which
the special message proposing the deferral is transmitted to
the House and the Senate.
(b) Consistency With Legislative Policy.--Deferrals shall
be permissible only--
(1) to provide for contingencies;
(2) to achieve savings made possible by or through
changes in requirements or greater efficiency of
operations; or
(3) as specifically provided by law.
No officer or employee of the United States may defer any
budget authority for any other purpose.
(c) Exception.--The provisions of this section do not apply
to any budget authority proposed to be rescinded or that is to
be reserved as set forth in a special message required to be
transmitted under section 1012.
transmission of messages; publication
Sec. 1014. [2 U.S.C. 685] (a) Delivery to House and
Senate.--Each special message transmitted under section 1012 or
1013 shall be transmitted to the House of Representatives and
the Senate on the same day, and shall be delivered to the Clerk
of the House of Representatives if the House is not in session,
and to the Secretary of the Senate if the Senate is not in
session. Each special message so transmitted shall be referred
to the appropriate committee of the House of Representatives
and the Senate. Each such message shall be printed as a
document of each House.
(b) Delivery to Comptroller General.--A copy of each
special message transmitted under section 1012 or 1013 shall be
transmitted to the Comptroller General on the same day it is
transmitted to the House of Representatives and the Senate. In
order to assist the Congress in the exercise of its functions
under sections 1012 and 1013, the Comptroller General shall
review each such message and inform the House of
Representatives and the Senate as promptly as practicable with
respect to----
(1) in the case of a special message transmitted
under section 1012, the facts surrounding the proposed
rescission or the reservation of budget authority
(including the probable effects thereof); and
(2) in the case of a special message transmitted
under section 1013, (A) the facts surrounding each
proposed deferral of budget authority (including the
probable effects thereof) and (B) whether or not (or to
what extent), in his judgment, such proposed deferral
is in accordance with existing statutory authority.
(c) Transmission of Supplementary Messages.--If any
information contained in a special message transmitted under
section 1012 or 1013 is subsequently revised, the President
shall transmit to both Houses of Congress and the Comptroller
General a supplementary message stating and explaining such
revision. Any such supplementary message shall be delivered,
referred, and printed as provided in subsection (a). The
Comptroller General shall promptly notify the House of
Representatives and the Senate of any change in the information
submitted by him under subsection (b) which may be necessitated
by such revision.
(d) Printing in Federal Register.--Any special message
transmitted under section 1012 or 1013, and any supplementary
message transmitted under subsection (c), shall be printed in
the first issue of the Federal Register published after such
transmittal.
(e) Cumulative Reports of Proposed Rescissions,
Reservations, and Deferrals of Budget Authority.--
(1) The President shall submit a report to the
House of Representatives and the Senate, not later than
the 10th day of each month during a fiscal year,
listing all budget authority for that fiscal year with
respect to which, as of the first day of such month--
(A) he has transmitted a special message
under section 1012 with respect to a proposed
rescission or a reservation; and
(B) he has transmitted a special message
under section 1013 proposing a deferral.
Such report shall also contain, with respect to each
such proposed rescission or deferral, or each such
reservation, the information required to be submitted
in the special message with respect thereto under
section 1012 or 1013.
(2) Each report submitted under paragraph (1) shall
be printed in the first issue of the Federal Register
published after its submission.
reports by comptroller general
Sec. 1015. [2 U.S.C. 686] (a) Failure To Transmit Special
Message.--If the Comptroller General finds that the President,
the Director of the Office of Management and Budget, the head
of any department or agency of the United States, or any other
officer or employee of the United States--
(1) is to establish a reserve or proposes to defer
budget authority with respect to which the President is
required to transmit a special message under section
1012 or 1013; or
(2) has ordered, permitted, or approved the
establishment of such a reserve or a deferral of budget
authority;
and that the President has failed to transmit a special message
with respect to such reserve or deferral, the Comptroller
General shall make a report on such reserve or deferral and any
available information concerning it to both Houses of Congress.
The provisions of this part shall apply with respect to such
reserve or deferral in the same manner and with the same effect
as if such report of the Comptroller General were a special
message transmitted by the President under section 1012 or
1013, and, for purposes of this part, such report shall be
considered a special message transmitted under section 1012 or
1013.
(b) Incorrect Classification of Special Message.--If the
President has transmitted a special message to both Houses of
Congress in accordance with section 1012 or 1013, and the
Comptroller General believes that the President so transmitted
the special message in accordance with one of those sections
when the special message should have been transmitted in
accordance with the other of those sections, the Comptroller
General shall make a report to both Houses of the Congress
setting forth his reasons.
suits by comptroller general
Sec. 1016. [2 U.S.C. 687] If, under this title, budget
authority is required to be made available for obligation and
such budget authority is not made available for obligation, the
Comptroller General is hereby expressly empowered, through
attorneys of his own selection, to bring a civil action in the
United States District Court for the District of Columbia to
require such budget authority to be made available for
obligation, and such court is hereby expressly empowered to
enter in such civil action, against any department, agency,
officer, or employee of the United States, any decree,
judgment, or order, which may be necessary or appropriate to
make such budget authority available for obligation. No civil
action shall be brought by the Comptroller General under this
section until the expiration of 25 calendar days of continuous
session of the Congress following the date on which an
explanatory statement by the Comptroller General of the
circumstances giving rise to the action contemplated has been
filed with the Speaker of the House of Representatives and the
President of the Senate.
procedure in house and senate
Sec. 1017. [2 U.S.C. 688] (a) Referral.--Any rescission
bill introduced with respect to a special message or
impoundment resolution introduced with respect to a proposed
deferral of budget authority shall be referred to the
appropriate committee of the House of Representatives or the
Senate, as the case may be.
(b) Discharge of Committee.--
(1) If the committee to which a rescission bill or
impoundment resolution has been referred has not
reported it at the end of 25 calendar days of
continuous session of the Congress after its
introduction, it is in order to move either to
discharge the committee from further consideration of
the bill or resolution or to discharge the committee
from further consideration of any other rescission bill
with respect to the same special message or impoundment
resolution with respect to the same proposed deferral,
as the case may be, which has been referred to the
committee.
(2) A motion to discharge may be made only by an
individual favoring the bill or resolution, may be made
only if supported by one-fifth of the Members of the
House involved (a quorum being present), and is highly
privileged in the House and privileged in the Senate
(except that it may not be made after the committee has
reported a bill or resolution with respect to the same
special message or the same proposed deferral, as the
case may be); and debate thereon shall be limited to
not more than 1 hour, the time to be divided in the
House equally between those favoring and those opposing
the bill or resolution, and to be divided in the Senate
equally between, and controlled by, the majority leader
and the minority leader or their designees. An
amendment to the motion is not in order, and it is not
in order to move to reconsider the vote by which the
motion is agreed to or disagreed to.
(c) Floor Consideration in the House.--
(1) When the committee of the House of
Representatives has reported, or has been discharged
from further consideration of a rescission bill or
impoundment resolution, it shall at any time thereafter
be in order (even though a previous motion to the same
effect has been disagreed to) to move to proceed to the
consideration of the bill or resolution. The motion
shall be highly privileged and not debatable. An
amendment to the motion shall not be in order, nor
shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(2) Debate on a rescission bill or impoundment
resolution shall be limited to not more than 2 hours,
which shall be divided equally between those favoring
and those opposing the bill or resolution. A motion
further to limit debate shall not be debatable. In the
case of an impoundment resolution, no amendment to, or
motion to recommit, the resolution shall be in order.
It shall not be in order to move to reconsider the vote
by which a rescission bill or impoundment resolution is
agreed to or disagreed to.
(3) Motions to postpone, made with respect to the
consideration of a rescission bill or impoundment
resolution, and motions to proceed to the consideration
of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair
relating to the application of the Rules of the House
of Representatives to the procedure relating to any
rescission bill or impoundment resolution shall be
decided without debate.
(5) Except to the extent specifically provided in
the preceding provisions of this subsection,
consideration of any rescission bill or impoundment
resolution and amendments thereto (or any conference
report thereon) shall be governed by the Rules of the
House of Representatives applicable to other bills and
resolutions, amendments, and conference reports in
similar circumstances.
(d) Floor Consideration in the Senate.--
(1) Debate in the Senate on any rescission bill or
impoundment resolution, and all amendments thereto (in
the case of a rescission bill) and debatable motions
and appeals in connection therewith, shall be limited
to not more than 10 hours. The time shall be equally
divided between, and controlled by, the majority leader
and the minority leader or their designees.
(2) Debate in the Senate on any amendment to a
rescission bill shall be limited to 2 hours, to be
equally divided between, and controlled by, the mover
and the manager of the bill. Debate on any amendment to
an amendment, to such a bill, and debate on any
debatable motion or appeal in connection with such a
bill or an impoundment resolution shall be limited to 1
hour, to be equally divided between, and controlled by,
the mover and the manager of the bill or resolution,
except that in the event the manager of the bill or
resolution is in favor in any such amendment, motion,
or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. No
amendment that is not germane to the provisions of a
rescission bill shall be received. Such leaders, or
either of them, may, from the time under their control
on the passage of a rescission bill or impoundment
resolution, allot additional time to any Senator during
the consideration of any amendment, debatable motion,
or appeal.
(3) A motion to further limit debate is not
debatable. In the case of a rescission bill, a motion
to recommit (except a motion to recommit with
instructions to report back within a specified number
of days, not to exceed 3, not counting any day on which
the Senate is not in session) is not in order. Debate
on any such motion to recommit shall be limited to one
hour, to be equally divided between, and controlled by,
the mover and the manager of the concurrent resolution.
In the case of an impoundment resolution, no amendment
or motion to recommit is in order.
(4) The conference report on any rescission bill
shall be in order in the Senate at any time after the
third day (excluding Saturdays, Sundays, and legal
holidays) following the day on which such a conference
report is reported and is available to Members of the
Senate. A motion to proceed to the consideration of the
conference report may be made even though a previous
motion to the same effect has been disagreed to.
(5) During the consideration in the Senate of the
conference report on any rescission bill, debate shall
be limited to 2 hours, to be equally divided between,
and controlled by, the majority leader and minority
leader or their designees. Debate on any debatable
motion or appeal related to the conference report shall
be limited to 30 minutes, to be equally divided
between, and controlled by, the mover and the manager
of the conference report.
(6) Should the conference report be defeated,
debate on any request for a new conference and the
appointment of conferees shall be limited to one hour,
to be equally divided, between, and controlled by, the
manager of the conference report and the minority
leader or his designee, and should any motion be made
to instruct the conferees before the conferees are
named, debate on such motion shall be limited to 30
minutes, to be equally divided between, and controlled
by, the mover and the manager of the conference report.
Debate on any amendment to any such instructions shall
be limited to 20 minutes, to be equally divided
between, and controlled by the mover and the manager of
the conference report. In all cases when the manager of
the conference report is in favor of any motion,
appeal, or amendment, the time in opposition shall be
under the control of the minority leader or his
designee.
(7) In any case in which there are amendments in
disagreement, time on each amendment shall be limited
to 30 minutes, to be equally divided between, and
controlled by, the manager of the conference report and
the minority leader or his designee. No amendment that
is not germane to the provisions of such amendments
shall be received.
NOTE:
CONSTITUTIONALITY OF LINE ITEM VETO
The United States Supreme Court, in Clinton v. City
of New York, U.S. Dist. Col. 1998, 118 S.Ct. 2091, 141
L.Ed.2d 393, found that the Line Item Veto Act of 1996,
Pub.L. 104-130, April 9, 1996, 110 Stat. 1200, which is
part C of title X of the Congressional Budget and
Impoundment Control Act of 1974, was unconstitutional
as a violation of the Presentment Clause of the United
States Constitution (Art. I, Sec. 7, cl. 2).
Part C--Line Item Veto
LINE ITEM VETO AUTHORITY
Sec. 1021. [2 U.S.C. 691] (a) In General.--Notwithstanding
the provisions of parts A and B, and subject to the provisions
of this part, the President may, with respect to any bill or
joint resolution that has been signed into law pursuant to
Article I, section 7, of the Constitution of the United States,
cancel in whole--
(1) any dollar amount of discretionary budget
authority;
(2) any item of new direct spending; or
(3) any limited tax benefit;
if the President--
(A) determines that such cancellation will--
(i) reduce the Federal budget deficit;
(ii) not impair any essential Government
functions; and
(iii) not harm the national interest; and
(B) notifies the Congress of such cancellation by
transmitting a special message, in accordance with
section 1022, within five calendar days (excluding
Sundays) after the enactment of the law providing the
dollar amount of discretionary budget authority, item
of new direct spending, or limited tax benefit that was
canceled.
(b) Identification of Cancellations.--In identifying dollar
amounts of discretionary budget authority, items of new direct
spending, and limited tax benefits for cancellation, the
President shall--
(1) consider the legislative history, construction,
and purposes of the law which contains such dollar
amounts, items, or benefits;
(2) consider any specific sources of information
referenced in such law or, in the absence of specific
sources of information, the best available information;
and
(3) use the definitions contained in section 1026
in applying this part to the specific provisions of
such law.
(c) Exception for Disapproval Bills.--The authority granted
by subsection (a) shall not apply to any dollar amount of
discretionary budget authority, item of new direct spending, or
limited tax benefit contained in any law that is a disapproval
bill as defined in section 1026.
SPECIAL MESSAGES
Sec. 1022. [2 U.S.C. 691a] (a) In General.--For each law
from which a cancellation has been made under this part, the
President shall transmit a single special message to the
Congress.
(b) Contents.--
(1) The special message shall specify--
(A) the dollar amount of discretionary
budget authority, item of new direct spending,
or limited tax benefit which has been canceled,
and provide a corresponding reference number
for each cancellation;
(B) the determinations required under
section 1021(a), together with any supporting
material;
(C) the reasons for the cancellation;
(D) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary
effect of the cancellation;
(E) all facts, circumstances and
considerations relating to or bearing upon the
cancellation, and to the maximum extent
practicable, the estimated effect of the
cancellation upon the objects, purposes and
programs for which the canceled authority was
provided; and
(F) include the adjustments that will be
made pursuant to section 1024 to the
discretionary spending limits under section
251(c) of the Balanced Budget and Emergency
Deficit Control Act of 1985 and an evaluation
of the effects of those adjustments upon the
sequestration procedures of section 251 of the
Balanced Budget and Emergency Deficit Control
Act of 1985.
(2) In the case of a cancellation of any dollar
amount of discretionary budget authority or item of new
direct spending, the special message shall also
include, if applicable--
(A) any account, department, or
establishment of the Government for which such
budget authority was to have been available for
obligation and the specific project or
governmental functions involved;
(B) the specific States and congressional
districts, if any, affected by the
cancellation; and
(C) the total number of cancellations
imposed during the current session of Congress
on States and congressional districts
identified in subparagraph (B).
(c) Transmission of Special Messages to House and Senate.--
(1) The President shall transmit to the Congress
each special message under this part within five
calendar days (excluding Sundays) after enactment of
the law to which the cancellation applies. Each special
message shall be transmitted to the House of
Representatives and the Senate on the same calendar
day. Such special message shall be delivered to the
Clerk of the House of Representatives if the House is
not in session, and to the Secretary of the Senate if
the Senate is not in session.
(2) Any special message transmitted under this part
shall be printed in the first issue of the Federal
Register published after such transmittal.
CANCELLATION EFFECTIVE UNLESS DISAPPROVED
Sec. 1023. [2 U.S.C. 691b] (a) In General.--The
cancellation of any dollar amount of discretionary budget
authority, item of new direct spending, or limited tax benefit
shall take effect upon receipt in the House of Representatives
and the Senate of the special message notifying the Congress of
the cancellation. If a disapproval bill for such special
message is enacted into law, then all cancellations disapproved
in that law shall be null and void and any such dollar amount
of discretionary budget authority, item of new direct spending,
or limited tax benefit shall be effective as of the original
date provided in the law to which the cancellation applied.
(b) Commensurate Reductions in Discretionary Budget
Authority.--Upon the cancellation of a dollar amount of
discretionary budget authority under subsection (a), the total
appropriation for each relevant account of which that dollar
amount is a part shall be simultaneously reduced by the dollar
amount of that cancellation.
DEFICIT REDUCTION
Sec. 1024. [2 U.S.C. 691c] (a) In General.--
(1) Discretionary budget authority.--OMB shall, for
each dollar amount of discretionary budget authority
and for each item of new direct spending canceled from
an appropriation law under section 1021(a)--
(A) reflect the reduction that results from
such cancellation in the estimates required by
section 251(a)(7) of the Balanced Budget and
Emergency Deficit Control Act of 1985 in
accordance with that Act, including an estimate
of the reduction of the budget authority and
the reduction in outlays flowing from such
reduction of budget authority for each outyear;
and
(B) include a reduction to the
discretionary spending limits for budget
authority and outlays in accordance with the
Balanced Budget and Emergency Deficit Control
Act of 1985 for each applicable fiscal year set
forth in section 251(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 by
amounts equal to the amounts for each fiscal
year estimated pursuant to subparagraph (A).
(2) Direct spending and limited tax benefits.--(A)
OMB shall, for each item of new direct spending or
limited tax benefit canceled from a law under section
1021(a), estimate the deficit decrease caused by the
cancellation of such item or benefit in that law and
include such estimate as a separate entry in the report
prepared pursuant to section 252(d) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
(B) OMB shall not include any change in the deficit
resulting from a cancellation of any item of new direct
spending or limited tax benefit, or the enactment of a
disapproval bill for any such cancellation, under this
part in the estimates and reports required by sections
252(b) and 254 of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(b) Adjustments to Spending Limits.--After ten calendar
days (excluding Sundays) after the expiration of the time
period in section 1025(b)(1) for expedited congressional
consideration of a disapproval bill for a special message
containing a cancellation of discretionary budget authority,
OMB shall make the reduction included in subsection (a)(1)(B)
as part of the next sequester report required by section 254 of
the Balanced Budget and Emergency Deficit Control Act of 1985.
(c) Exception.--Subsection (b) shall not apply to a
cancellation if a disapproval bill or other law that
disapproves that cancellation is enacted into law prior to 10
calendar days (excluding Sundays) after the expiration of the
time period set forth in section 1025(b)(1).
(d) Congressional Budget Office Estimates.--As soon as
practicable after the President makes a cancellation from a law
under section 1021(a), the Director of the Congressional Budget
Office shall provide the Committees on the Budget of the House
of Representatives and the Senate with an estimate of the
reduction of the budget authority and the reduction in outlays
flowing from such reduction of budget authority for each
outyear.
EXPEDITED CONGRESSIONAL CONSIDERATION OF DISAPPROVAL BILLS
Sec. 1025. [2 U.S.C. 691d] (a) Receipt and Referral of
Special Message.--Each special message transmitted under this
part shall be referred to the Committee on the Budget and the
appropriate committee or committees of the Senate and the
Committee on the Budget and the appropriate committee or
committees of the House of Representatives. Each such message
shall be printed as a document of the House of Representatives.
(b) Time Period for Expedited Procedures.--
(1) There shall be a congressional review period of
30 calendar days of session, beginning on the first
calendar day of session after the date on which the
special message is received in the House of
Representatives and the Senate, during which the
procedures contained in this section shall apply to
both Houses of Congress.
(2) In the House of Representatives the procedures
set forth in this section shall not apply after the end
of the period described in paragraph (1).
(3) If Congress adjourns at the end of a Congress
prior to the expiration of the period described in
paragraph (1) and a disapproval bill was then pending
in either House of Congress or a committee thereof
(including a conference committee of the two Houses of
Congress), or was pending before the President, a
disapproval bill for the same special message may be
introduced within the first five calendar days of
session of the next Congress and shall be treated as a
disapproval bill under this part, and the time period
described in paragraph (1) shall commence on the day of
introduction of that disapproval bill.
(c) Introduction of Disapproval Bills.--(1) In order for a
disapproval bill to be considered under the procedures set
forth in this section, the bill must meet the definition of a
disapproval bill and must be introduced no later than the fifth
calendar day of session following the beginning of the period
described in subsection (b)(1).
(2) In the case of a disapproval bill introduced in the
House of Representatives, such bill shall include in the first
blank space referred to in section 1026(6)(C) a list of the
reference numbers for all cancellations made by the President
in the special message to which such disapproval bill relates.
(d) Consideration in the House of Representatives.--(1) Any
committee of the House of Representatives to which a
disapproval bill is referred shall report it without amendment,
and with or without recommendation, not later than the seventh
calendar day of session after the date of its introduction. If
any committee fails to report the bill within that period, it
is in order to move that the House discharge the committee from
further consideration of the bill, except that such a motion
may not be made after the committee has reported a disapproval
bill with respect to the same special message. A motion to
discharge may be made only by a Member favoring the bill (but
only at a time or place designated by the Speaker in the
legislative schedule of the day after the calendar day on which
the Member offering the motion announces to the House his
intention to do so and the form of the motion). The motion is
highly privileged. Debate thereon shall be limited to not more
than one hour, the time to be divided in the House equally
between a proponent and an opponent. The previous question
shall be considered as ordered on the motion to its adoption
without intervening motion. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in
order.
(2) After a disapproval bill is reported or a committee has
been discharged from further consideration, it is in order to
move that the House resolve into the Committee of the Whole
House on the State of the Union for consideration of the bill.
If reported and the report has been available for at least one
calendar day, all points of order against the bill and against
consideration of the bill are waived. If discharged, all points
of order against the bill and against consideration of the bill
are waived. The motion is highly privileged. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. During consideration of the
bill in the Committee of the Whole, the first reading of the
bill shall be dispensed with. General debate shall proceed,
shall be confined to the bill, and shall not exceed one hour
equally divided and controlled by a proponent and an opponent
of the bill. The bill shall be considered as read for amendment
under the five-minute rule. Only one motion to rise shall be in
order, except if offered by the manager. No amendment to the
bill is in order, except any Member if supported by 49 other
Members (a quorum being present) may offer an amendment
striking the reference number or numbers of a cancellation or
cancellations from the bill. Consideration of the bill for
amendment shall not exceed one hour excluding time for recorded
votes and quorum calls. No amendment shall be subject to
further amendment, except pro forma amendments for the purposes
of debate only. At the conclusion of the consideration of the
bill for amendment, the Committee shall rise and report the
bill to the House with such amendments as may have been
adopted. The previous question shall be considered as ordered
on the bill and amendments thereto to final passage without
intervening motion. A motion to reconsider the vote on passage
of the bill shall not be in order.
(3) Appeals from decisions of the Chair regarding
application of the rules of the House of Representatives to the
procedure relating to a disapproval bill shall be decided
without debate.
(4) It shall not be in order to consider under this
subsection more than one disapproval bill for the same special
message except for consideration of a similar Senate bill
(unless the House has already rejected a disapproval bill for
the same special message) or more than one motion to discharge
described in paragraph (1) with respect to a disapproval bill
for that special message.
(e) Consideration in the Senate.--
(1) Referral and reporting.--Any disapproval bill
introduced in the Senate shall be referred to the
appropriate committee or committees. A committee to
which a disapproval bill has been referred shall report
the bill not later than the seventh day of session
following the date of introduction of that bill. If any
committee fails to report the bill within that period,
that committee shall be automatically discharged from
further consideration of the bill and the bill shall be
placed on the Calendar.
(2) Disapproval bill from house.--When the Senate
receives from the House of Representatives a
disapproval bill, such bill shall not be referred to
committee and shall be placed on the Calendar.
(3) Consideration of single disapproval bill.--
After the Senate has proceeded to the consideration of
a disapproval bill for a special message, then no other
disapproval bill originating in that same House
relating to that same message shall be subject to the
procedures set forth in this subsection.
(4) Amendments.--
(A) Amendments in order.--The only
amendments in order to a disapproval bill are--
(i) an amendment that strikes the
reference number of a cancellation from
the disapproval bill; and
(ii) an amendment that only inserts
the reference number of a cancellation
included in the special message to
which the disapproval bill relates that
is not already contained in such bill.
(B) Waiver or appeal.--An affirmative vote
of three-fifths of the Senators, duly chosen
and sworn, shall be required in the Senate--
(i) to waive or suspend this
paragraph; or
(ii) to sustain an appeal of the
ruling of the Chair on a point of order
raised under this paragraph.
(5) Motion nondebatable.--A motion to proceed to
consideration of a disapproval bill under this
subsection shall not be debatable. It shall not be in
order to move to reconsider the vote by which the
motion to proceed was adopted or rejected, although
subsequent motions to proceed may be made under this
paragraph.
(6) Limit on consideration.--(A) After no more than
10 hours of consideration of a disapproval bill, the
Senate shall proceed, without intervening action or
debate (except as permitted under paragraph (9)), to
vote on the final disposition thereof to the exclusion
of all amendments not then pending and to the exclusion
of all motions, except a motion to reconsider or to
table.
(B) A single motion to extend the time for
consideration under subparagraph (A) for no more than
an additional five hours is in order prior to the
expiration of such time and shall be decided without
debate.
(C) The time for debate on the disapproval bill
shall be equally divided between the Majority Leader
and the Minority Leader or their designees.
(7) Debate on amendments.--Debate on any amendment
to a disapproval bill shall be limited to one hour,
equally divided and controlled by the Senator proposing
the amendment and the majority manager, unless the
majority manager is in favor of the amendment, in which
case the minority manager shall be in control of the
time in opposition.
(8) No motion to recommit.--A motion to recommit a
disapproval bill shall not be in order.
(9) Disposition of senate disapproval bill.--If the
Senate has read for the third time a disapproval bill
that originated in the Senate, then it shall be in
order at any time thereafter to move to proceed to the
consideration of a disapproval bill for the same
special message received from the House of
Representatives and placed on the Calendar pursuant to
paragraph (2), strike all after the enacting clause,
substitute the text of the Senate disapproval bill,
agree to the Senate amendment, and vote on final
disposition of the House disapproval bill, all without
any intervening action or debate.
(10) Consideration of house message.--Consideration
in the Senate of all motions, amendments, or appeals
necessary to dispose of a message from the House of
Representatives on a disapproval bill shall be limited
to not more than four hours. Debate on each motion or
amendment shall be limited to 30 minutes. Debate on any
appeal or point of order that is submitted in
connection with the disposition of the House message
shall be limited to 20 minutes. Any time for debate
shall be equally divided and controlled by the
proponent and the majority manager, unless the majority
manager is a proponent of the motion, amendment,
appeal, or point of order, in which case the minority
manager shall be in control of the time in opposition.
(f) Consideration in Conference.--
(1) Convening of conference.--In the case of
disagreement between the two Houses of Congress with
respect to a disapproval bill passed by both Houses,
conferees should be promptly appointed and a conference
promptly convened, if necessary.
(2) House consideration.--(A) Notwithstanding any
other rule of the House of Representatives, it shall be
in order to consider the report of a committee of
conference relating to a disapproval bill provided such
report has been available for one calendar day
(excluding Saturdays, Sundays, or legal holidays,
unless the House is in session on such a day) and the
accompanying statement shall have been filed in the
House.
(B) Debate in the House of Representatives on the
conference report and any amendments in disagreement on
any disapproval bill shall each be limited to not more
than one hour equally divided and controlled by a
proponent and an opponent. A motion to further limit
debate is not debatable. A motion to recommit the
conference report is not in order, and it is not in
order to move to reconsider the vote by which the
conference report is agreed to or disagreed to.
(3) Senate consideration.--Consideration in the
Senate of the conference report and any amendments in
disagreement on a disapproval bill shall be limited to
not more than four hours equally divided and controlled
by the Majority Leader and the Minority Leader or their
designees. A motion to recommit the conference report
is not in order.
(4) Limits on scope.--(A) When a disagreement to an
amendment in the nature of a substitute has been
referred to a conference, the conferees shall report
those cancellations that were included in both the bill
and the amendment, and may report a cancellation
included in either the bill or the amendment, but shall
not include any other matter.
(B) When a disagreement on an amendment or
amendments of one House to the disapproval bill of the
other House has been referred to a committee of
conference, the conferees shall report those
cancellations upon which both Houses agree and may
report any or all of those cancellations upon which
there is disagreement, but shall not include any other
matter.
DEFINITIONS
Sec. 1026. [2 U.S.C. 691e] As used in this part:
(1) Appropriation law.--The term ``appropriation
law'' means an Act referred to in section 105 of title
1, United States Code, including any general or special
appropriation Act, or any Act making supplemental,
deficiency, or continuing appropriations, that has been
signed into law pursuant to Article I, section 7, of
the Constitution of the United States.
(2) Calendar day.--The term ``calendar day'' means
a standard 24-hour period beginning at midnight.
(3) Calendar days of session.--The term ``calendar
days of session'' shall mean only those days on which
both Houses of Congress are in session.
(4) Cancel.--The term ``cancel'' or
``cancellation'' means--
(A) with respect to any dollar amount of
discretionary budget authority, to rescind;
(B) with respect to any item of new direct
spending--
(i) that is budget authority
provided by law (other than an
appropriation law), to prevent such
budget authority from having legal
force or effect;
(ii) that is entitlement authority,
to prevent the specific legal
obligation of the United States from
having legal force or effect; or
(iii) through the food stamp
program, to prevent the specific
provision of law that results in an
increase in budget authority or outlays
for that program from having legal
force or effect; and
(C) with respect to a limited tax benefit,
to prevent the specific provision of law that
provides such benefit from having legal force
or effect.
(5) Direct spending.--The term ``direct spending''
means--
(A) budget authority provided by law (other
than an appropriation law);
(B) entitlement authority; and
(C) the food stamp program.
(6) Disapproval bill.--The term ``disapproval
bill'' means a bill or joint resolution which only
disapproves one or more cancellations of dollar amounts
of discretionary budget authority, items of new direct
spending, or limited tax benefits in a special message
transmitted by the President under this part and--
(A) the title of which is as follows: ``A
bill disapproving the cancellations transmitted
by the President on ____'', the blank space
being filled in with the date of transmission
of the relevant special message and the public
law number to which the message relates;
(B) which does not have a preamble; and
(C) which provides only the following after
the enacting clause: ``That Congress
disapproves of cancellations ____'', the blank
space being filled in with a list by reference
number of one or more cancellations contained
in the President's special message, ``as
transmitted by the President in a special
message on ____'', the blank space being filled
in with the appropriate date, ``regarding
____.'', the blank space being filled in with
the public law number to which the special
message relates.
(7) Dollar amount of discretionary budget
authority.--(A) Except as provided in subparagraph (B),
the term ``dollar amount of discretionary budget
authority'' means the entire dollar amount of budget
authority--
(i) specified in an appropriation law, or
the entire dollar amount of budget authority
required to be allocated by a specific proviso
in an appropriation law for which a specific
dollar figure was not included;
(ii) represented separately in any table,
chart, or explanatory text included in the
statement of managers or the governing
committee report accompanying such law;
(iii) required to be allocated for a
specific program, project, or activity in a law
(other than an appropriation law) that mandates
the expenditure of budget authority from
accounts, programs, projects, or activities for
which budget authority is provided in an
appropriation law;
(iv) represented by the product of the
estimated procurement cost and the total
quantity of items specified in an appropriation
law or included in the statement of managers or
the governing committee report accompanying
such law; or
(v) represented by the product of the
estimated procurement cost and the total
quantity of items required to be provided in a
law (other than an appropriation law) that
mandates the expenditure of budget authority
from accounts, programs, projects, or
activities for which budget authority is
provided in an appropriation law.
(B) The term ``dollar amount of discretionary
budget authority'' does not include--
(i) direct spending;
(ii) budget authority in an appropriation
law which funds direct spending provided for in
other law;
(iii) any existing budget authority
rescinded or canceled in an appropriation law;
or
(iv) any restriction, condition, or
limitation in an appropriation law or the
accompanying statement of managers or committee
reports on the expenditure of budget authority
for an account, program, project, or activity,
or on activities involving such expenditure.
(8) Item of new direct spending.--The term ``item
of new direct spending'' means any specific provision
of law that is estimated to result in an increase in
budget authority or outlays for direct spending
relative to the most recent levels calculated pursuant
to section 257 of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(9) Limited tax benefit.--(A) The term ``limited
tax benefit'' means--
(i) any revenue-losing provision which
provides a Federal tax deduction, credit,
exclusion, or preference to 100 or fewer
beneficiaries under the Internal Revenue Code
of 1986 in any fiscal year for which the
provision is in effect; and
(ii) any Federal tax provision which
provides temporary or permanent transitional
relief for 10 or fewer beneficiaries in any
fiscal year from a change to the Internal
Revenue Code of 1986.
(B) A provision shall not be treated as described
in subparagraph (A)(i) if the effect of that provision
is that--
(i) all persons in the same industry or
engaged in the same type of activity receive
the same treatment;
(ii) all persons owning the same type of
property, or issuing the same type of
investment, receive the same treatment; or
(iii) any difference in the treatment of
persons is based solely on--
(I) in the case of businesses and
associations, the size or form of the
business or association involved;
(II) in the case of individuals,
general demographic conditions, such as
income, marital status, number of
dependents, or tax return filing
status;
(III) the amount involved; or
(IV) a generally-available election
under the Internal Revenue Code of
1986.
(C) A provision shall not be treated as described
in subparagraph (A)(ii) if--
(i) it provides for the retention of prior
law with respect to all binding contracts or
other legally enforceable obligations in
existence on a date contemporaneous with
congressional action specifying such date; or
(ii) it is a technical correction to
previously enacted legislation that is
estimated to have no revenue effect.
(D) For purposes of subparagraph (A)--
(i) all businesses and associations which
are related within the meaning of sections
707(b) and 1563(a) of the Internal Revenue Code
of 1986 shall be treated as a single
beneficiary;
(ii) all qualified plans of an employer
shall be treated as a single beneficiary;
(iii) all holders of the same bond issue
shall be treated as a single beneficiary; and
(iv) if a corporation, partnership,
association, trust or estate is the beneficiary
of a provision, the shareholders of the
corporation, the partners of the partnership,
the members of the association, or the
beneficiaries of the trust or estate shall not
also be treated as beneficiaries of such
provision.
(E) For purposes of this paragraph, the term
``revenue-losing provision'' means any provision which
results in a reduction in Federal tax revenues for any
one of the two following periods--
(i) the first fiscal year for which the
provision is effective; or
(ii) the period of the 5 fiscal years
beginning with the first fiscal year for which
the provision is effective.
(F) The terms used in this paragraph shall have the
same meaning as those terms have generally in the
Internal Revenue Code of 1986, unless otherwise
expressly provided.
(10) OMB.--The term ``OMB'' means the Director of
the Office of Management and Budget.
IDENTIFICATION OF LIMITED TAX BENEFITS
Sec. 1027. [2 U.S.C. 691f] (a) Statement by Joint Tax
Committee.--The Joint Committee on Taxation shall review any
revenue or reconciliation bill or joint resolution which
includes any amendment to the Internal Revenue Code of 1986
that is being prepared for filing by a committee of conference
of the two Houses, and shall identify whether such bill or
joint resolution contains any limited tax benefits. The Joint
Committee on Taxation shall provide to the committee of
conference a statement identifying any such limited tax
benefits or declaring that the bill or joint resolution does
not contain any limited tax benefits. Any such statement shall
be made available to any Member of Congress by the Joint
Committee on Taxation immediately upon request.
(b) Statement Included in Legislation.--(1) Notwithstanding
any other rule of the House of Representatives or any rule or
precedent of the Senate, any revenue or reconciliation bill or
joint resolution which includes any amendment to the Internal
Revenue Code of 1986 reported by a committee of conference of
the two Houses may include, as a separate section of such bill
or joint resolution, the information contained in the statement
of the Joint Committee on Taxation, but only in the manner set
forth in paragraph (2).
(2) The separate section permitted under paragraph (1)
shall read as follows: ``Section 1021(a)(3) of the
Congressional Budget and Impoundment Control Act of 1974 shall
____ apply to ______.'', with the blank spaces being filled in
with--
(A) in any case in which the Joint Committee on
Taxation identifies limited tax benefits in the
statement required under subsection (a), the word
``only'' in the first blank space and a list of all of
the specific provisions of the bill or joint resolution
identified by the Joint Committee on Taxation in such
statement in the second blank space; or
(B) in any case in which the Joint Committee on
Taxation declares that there are no limited tax
benefits in the statement required under subsection
(a), the word ``not'' in the first blank space and the
phrase ``any provision of this Act'' in the second
blank space.
(c) President's Authority.--If any revenue or
reconciliation bill or joint resolution is signed into law
pursuant to Article I, section 7, of the Constitution of the
United States--
(1) with a separate section described in subsection
(b)(2), then the President may use the authority
granted in section 1021(a)(3) only to cancel any
limited tax benefit in that law, if any, identified in
such separate section; or
(2) without a separate section described in
subsection (b)(2), then the President may use the
authority granted in section 1021(a)(3) to cancel any
limited tax benefit in that law that meets the
definition in section 1026.
(d) Congressional Identifications of Limited Tax
Benefits.--There shall be no judicial review of the
congressional identification under subsections (a) and (b) of a
limited tax benefit in a conference report.END OF
STATUTE deg.
START OF STATUTE deg.BALANCED BUDGET AND EMERGENCY DEFICIT
CONTROL ACT OF 1985--(Part C)
[As Amended Through P.L. 113-82, Enacted February 15, 2014]
[Application of certain provisions to Statutory PAYGO]
[NOTE: 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) shall apply to the provisions of such title I. See
section 8 of Public Law 111-139 relating to the application of BBEDCA.]
PART C--EMERGENCY POWERS TO ELIMINATE DEFICITS IN EXCESS OF MAXIMUM
DEFICIT AMOUNT
SEC. 250. [2 U.S.C. 900] TABLE OF CONTENTS; STATEMENT OF BUDGET
ENFORCEMENT THROUGH SEQUESTRATION; DEFINITIONS.
(a) Table of Contents.--
Sec. 250. Table of contents; budget enforcement statement; definitions.
Sec. 251. Enforcing discretionary spending limits.
Sec. 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. \19\
\19\ Section 10208(a)(2) of Public Law 105-33 (111 Stat. 708) added this
item to the table of contents, inadvertently adding it in all caps.
Sec. 257. The baseline.
Sec. 258. Suspension in the event of war or low growth.
Sec. 258A. Modification of presidential order.
Sec. 258B. Alternative defense sequestration.
Sec. 258C. Special reconciliation process.
(b) General Statement of Budget Enforcement Through
Sequestration.--This part provides for budget enforcement as
called for in House Concurrent Resolution 84 (105th Congress,
1st session).
(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 fursnction
150 (international affairs).
(C) The term ``discretionary category'' includes
all discretionary appropriations.
(D) The term ``revised security category'' means
discretionary appropriations in budget function 050.
(E) The term ``revised nonsecurity category'' means
discretionary appropriations other than in budget
function 050.
(F) The term ``category'' means the subsets of
discretionary appropriations in section 251(c).
Discretionary appropriations in each of the categories
shall be those designated in the joint explanatory
statement accompanying the conference report on the
Balanced Budget Act of 1997. New accounts or activities
shall be categorized only after consultation with the
Committees on Appropriations and the Budget of the
House of Representatives and the Senate and that
consultation shall, to the extent practicable, include
written communication to such committees that affords
such committees the opportunity to comment before
official action is taken with respect to new accounts
or activities.
(5) The term ``baseline'' means the projection
(described in section 257) of current-year levels of
new budget authority, outlays, receipts, and the
surplus or deficit into the budget year and the
outyears.
(6) The term ``budgetary resources'' means new
budget authority, unobligated balances, direct spending
authority, and obligation limitations.
(7) The term ``discretionary appropriations'' means
budgetary resources (except to fund direct-spending
programs) provided in appropriation Acts.
(8) The term ``direct spending'' means--
(A) budget authority provided by law other
than appropriation Acts;
(B) entitlement authority; and
(C) the 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;
(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)).
(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) for fiscal year 2014--
(A) for the revised security category,
$520,464,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$491,773,000,000 in new budget authority;
(2) for fiscal year 2015--
(A) for the revised security category,
$521,272,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$492,356,000,000 in new budget authority;
(3) for fiscal year 2016--
(A) for the revised security category,
$577,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$530,000,000,000 in new budget authority;
(4) for fiscal year 2017--
(A) for the revised security category,
$590,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$541,000,000,000 in new budget authority;
(5) for fiscal year 2018--
(A) for the revised security category,
$603,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$553,000,000,000 in new budget authority;
(6) for fiscal year 2019--
(A) for the revised security category,
$616,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$566,000,000,000 in new budget authority;
(7) for fiscal year 2020--
(A) for the revised security category,
$630,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$578,000,000,000 in new budget authority; and
(8) for fiscal year 2021--
(A) for the revised security category,
$644,000,000,000 in new budget authority; and
(B) for the revised nonsecurity category,
$590,000,000,000 in new budget authority;
as adjusted in strict conformance with subsection (b).
SEC. 251A. [2 U.S.C. 901A] ENFORCEMENT OF BUDGET GOAL.
Discretionary appropriations and direct spending accounts
shall be reduced in accordance with this section as follows:
(1) 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;
(D) dividing the result by 9; and
(E) for fiscal year 2013, reducing the
amount calculated under subparagraphs (A)
through (D) by $24,000,000,000.
(2) Allocation to functions.--On March 1, 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 (1) 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).
(3) 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 (2);
(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 (2) and
subtracting the discretionary reduction
calculated pursuant to subparagraph (A).
(4) 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 (2);
(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 (2) and subtracting the discretionary
reduction calculated pursuant to subparagraph
(A).
(C) Notwithstanding the 2 percent limit specified
in subparagraph (A) for payments for the Medicare
programs specified in section 256(d), the sequestration
order of the President under such subparagraph for
fiscal year 2023 shall be applied to such payments so
that--
(i) with respect to the first 6 months in
which such order is effective for such fiscal
year, the payment reduction shall be 2.90
percent; and
(ii) with respect to the second 6 months in
which such order is so effective for such
fiscal year, the payment reduction shall be
1.11 percent.
(5) Implementing discretionary reductions.--
(A) Fiscal year 2013.--On March 1, 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 (3); and
(ii) for the revised nonsecurity
category, an amount equal to the
nondefense function discretionary
reduction calculated pursuant to
paragraph (4).
(B) Fiscal years 2014-2021.--Except as
provided by paragraph (10), 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 (3);
and
(ii) for the revised nonsecurity
category by the amount of the
nondefense function discretionary
reduction calculated pursuant to
paragraph (4).
(6) Implementing direct spending reductions.--(A)
On the date specified in paragraph (2) 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
(3) and (4). 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.
(B) On the dates OMB issues its sequestration
preview reports for fiscal year 2022, for fiscal year
2023, and for fiscal year 2024, pursuant to section
254(c), the President shall order a sequestration,
effective upon issuance such that--
(i) the percentage reduction for nonexempt
direct spending for the defense function is the
same percent as the percentage reduction for
nonexempt direct spending for the defense
function for fiscal year 2021 calculated under
paragraph (3)(B); and
(ii) the percentage reduction for nonexempt
direct spending for nondefense functions is the
same percent as the percentage reduction for
nonexempt direct spending for nondefense
functions for fiscal year 2021 calculated under
paragraph (4)(B).
(C) Notwithstanding the 2 percent limit specified
in subparagraph (A) for payments for the Medicare
programs specified in section 256(d), the sequestration
order of the President under such subparagraph for
fiscal year 2023 shall be applied to such payments so
that--
(i) with respect to the first 6 months in
which such order is effective for such fiscal
year, the payment reduction shall be 2.90
percent; and
(ii) with respect to the second 6 months in
which such order is so effective for such
fiscal year, the payment reduction shall be
1.11 percent.
(7) Adjustment for medicare.--If the percentage
reduction for the Medicare programs would exceed 2
percent for a fiscal year in the absence of paragraph
(6), OMB shall increase the reduction for all other
discretionary appropriations and direct spending under
paragraph (4) by a uniform percentage to a level
sufficient to achieve the reduction required by
paragraph (4) in the non-defense function.
(8) Implementation of reductions.--Any reductions
imposed under this section shall be implemented in
accordance with section 256(k).
(9) Report.--On the dates specified in paragraph
(2), 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.
(10) Implementing direct spending reductions for
fiscal years 2014 and 2015.--(A) OMB shall make the
calculations necessary to implement the direct spending
reductions calculated pursuant to paragraphs (3) and
(4) without regard to the amendment made to section
251(c) revising the discretionary spending limits for
fiscal years 2014 and 2015 by the Bipartisan Budget Act
of 2013.
(B) Paragraph (5)(B) shall not be implemented for
fiscal years 2014 and 2015.
SEC. 252. [2 U.S.C. 902] ENFORCING PAY-AS-YOU-GO.
(a) Purpose.--The purpose of this section is to assure that
any legislation enacted before October 1, 2002, affecting
direct spending or receipts that increases the deficit will
trigger an offsetting sequestration.
(b) Sequestration.--
(1) Timing.--Not later than 15 calendar days after
the date Congress adjourns to end a session and on the
same day as a sequestration (if any) under section 251
or 253, there shall be a sequestration to offset the
amount of any net deficit increase caused by all direct
spending and receipts legislation enacted before
October 1, 2002, as calculated under paragraph (2).
(2) Calculation of deficit increase.--OMB shall
calculate the amount of deficit increase or decrease by
adding--
(A) all OMB estimates for the budget year
of direct spending and receipts legislation
transmitted under subsection (d);
(B) the estimated amount of savings in
direct spending programs applicable to the
budget year resulting from the prior year's
sequestration under this section or section
253, if any, as published in OMB's final
sequestration report for that prior year; and
(C) any net deficit increase or decrease in
the current year resulting from all OMB
estimates for the current year of direct
spending and receipts legislation transmitted
under subsection (d) that were not reflected in
the final OMB sequestration report for the
current year.
(c) Eliminating a Deficit Increase.--(1) The amount
required to be sequestered in a fiscal year under subsection
(b) shall be obtained from non-exempt direct spending accounts
from actions taken in the following order:
(A) First.--All reductions in automatic spending
increases specified in section 256(a) shall be made.
(B) Second.--If additional reductions in direct
spending accounts are required to be made, the maximum
reductions permissible under sections 256(b)
(guaranteed and direct student loans) and 256(c)
(foster care and adoption assistance) shall be made.
(C) Third.--(i) If additional reductions in direct
spending accounts are required to be made, each
remaining non-exempt direct spending account shall be
reduced by the uniform percentage necessary to make the
reductions in direct spending required by subsection
(b); 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.--As soon as practicable after
Congress completes action on any direct spending or
receipts legislation, CBO shall provide an estimate to
OMB of that legislation.
(2) OMB estimates.--Not later than 7 calendar days
(excluding Saturdays, Sundays, and legal holidays)
after the date of enactment of any direct spending or
receipts legislation, OMB shall transmit a report to
the House of Representatives and to the Senate
containing--
(A) the CBO estimate of that legislation;
(B) an OMB estimate of that legislation
using current economic and technical
assumptions; and
(C) an explanation of any difference
between the 2 estimates.
(3) Significant differences.--If during the
preparation of the report under paragraph (2) OMB
determines that there is a significant difference
between the OMB and CBO estimates, OMB shall consult
with the Committees on the Budget of the House of
Representatives and the Senate regarding that
difference and that consultation, to the extent
practicable, shall include written communication to
such committees that affords such committees the
opportunity to comment before the issuance of that
report.
(4) Scope of estimates.--The estimates under this
section shall include the amount of change in outlays
or receipts for the current year (if applicable), the
budget year, and each outyear excluding any amounts
resulting from--
(A) full funding of, and continuation of,
the deposit insurance guarantee commitment in
effect under current estimates; and
(B) emergency provisions as designated
under subsection (e).
(5) Scorekeeping guidelines.--OMB and CBO, after
consultation with each other and the Committees on the
Budget of the House of Representatives and the Senate,
shall--
(A) determine common scorekeeping
guidelines; and
(B) in conformance with such guidelines,
prepare estimates under this section.
(e) \21\ 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.
---------------------------------------------------------------------------
\21\ See clause 2(e) of rule XXI of the Rules of the House of
Representatives.
---------------------------------------------------------------------------
SEC. 253. [2 U.S.C. 903] ENFORCING DEFICIT TARGETS.
(a) Sequestration.--Within 15 calendar days after Congress
adjourns to end a session (other than of the One Hundred First
Congress) and on the same day as a sequestration (if any) under
section 251 and section 252, but after any sequestration
required by section 251 (enforcing discretionary spending
limits) or section 252 (enforcing pay-as-you-go), there shall
be a sequestration to eliminate the excess deficit (if any
remains) if it exceeds the margin.
(b) Excess Deficit; Margin.--The excess deficit is, if
greater than zero, the estimated deficit for the budget year,
minus--
(1) the maximum deficit amount for that year;
(2) the amounts for that year designated as
emergency direct spending or receipts legislation under
section 252(e); and
(3) for any fiscal year in which there is not a
full adjustment for technical and economic reestimates,
the deposit insurance reestimate for that year, if any,
calculated under subsection (h).
The ``margin'' for fiscal year 1992 or 1993 is zero and for
fiscal year 1994 or 1995 is $15,000,000,000.
(c) Dividing the Sequestration.--To eliminate the excess
deficit in a budget year, half of the required outlay
reductions shall be obtained from non-exempt defense accounts
(accounts designated as function 050 in the President's fiscal
year 1991 budget submission) and half from non-exempt, non-
defense accounts (all other non-exempt accounts).
(d) Defense.--Each non-exempt defense account shall be
reduced by a dollar amount calculated by multiplying the level
of sequestrable budgetary resources in that account at that
time by the uniform percentage necessary to carry out
subsection (c), except that, if any military personnel are
exempt, adjustments shall be made under the procedure set forth
in section 251(a)(3).
(e) Non-Defense.--Actions to reduce non-defense accounts
shall be taken in the following order:
(1) First.--All reductions in automatic spending
increases under section 256(a) shall be made.
(2) Second.--If additional reductions in non-
defense accounts are required to be made, the maximum
reduction permissible under sections 256(b) (guaranteed
student loans) and 256(c) (foster care and adoption
assistance) shall be made.
(3) Third.--(A) If additional reductions in non-
defense accounts are required to be made, each
remaining non-exempt, non-defense account shall be
reduced by the uniform percentage necessary to make the
reductions in non-defense outlays required by
subsection (c), except that--
(i) the medicare program specified in
section 256(d) shall not be reduced by more
than 2 percent in total including any reduction
of less than 2 percent made under section 252
or, if it has been reduced by 2 percent or more
under section 252, it may not be further
reduced under this section; and
(ii) the health programs set forth in
section 256(e) shall not be reduced by more
than 2 percent in total (including any
reduction made under section 251),
and the uniform percent applicable to all other
programs under this subsection shall be increased (if
necessary) to a level sufficient to achieve the
required reduction in non-defense outlays.
(B) For purposes of determining reductions under
subparagraph (A), outlay reduction (as a result of
sequestration of Commodity Credit Corporation commodity
price support contracts in the fiscal year of a
sequestration) that would occur in the following fiscal
year shall be credited as outlay reductions in the
fiscal year of the sequestration.
(f) Baseline Assumptions; Part-year Appropriations.--
(1) Budget assumptions.--For purposes of
subsections (b), (c), (d), and (e), accounts shall be
assumed to be at the level in the baseline minus any
reductions required to be made under sections 251 and
252.
(2) Part-year appropriations.--If, on the date
specified in subsection (a), there is in effect an Act
making or continuing appropriations for part of a
fiscal year for any non-exempt budget account, then the
dollar sequestration calculated for that account under
subsection (d) or (e), as applicable, shall be
subtracted from--
(A) the annualized amount otherwise
available by law in that account under that or
a subsequent part-year appropriation; and
(B) when a full-year appropriation for that
account is enacted, from the amount otherwise
provided by the full-year appropriation; except
that the amount to be sequestered from that
account shall be reduced (but not below zero)
by the savings achieved by that appropriation
when the enacted amount is less than the
baseline for that account.
(g) Adjustments to Maximum Deficit Amounts.--
(1) Adjustments.--
(A) When the President submits the budget
for fiscal year 1992, the maximum deficit
amounts for fiscal years 1992, 1993, 1994, and
1995 shall be adjusted to reflect up-to-date
reestimates of economic and technical
assumptions and any changes in concepts or
definitions. When the President submits the
budget for fiscal year 1993, the maximum
deficit amounts for fiscal years 1993, 1994,
and 1995 shall be further adjusted to reflect
up-to-date reestimates of economic and
technical assumptions and any changes in
concepts or definitions.
(B) When submitting the budget for fiscal
year 1994, the President may choose to adjust
the maximum deficit amounts for fiscal years
1994 and 1995 to reflect up-to-date reestimates
of economic and technical assumptions. If the
President chooses to adjust the maximum deficit
amount when submitting the fiscal year 1994
budget, the President may choose to invoke the
same adjustment procedure when submitting the
budget for fiscal year 1995. In each case, the
President must choose between making no
adjustment or the full adjustment described in
paragraph (2). If the President chooses to make
that full adjustment, then those procedures for
adjusting discretionary spending limits
described in sections 251(b)(1)(C) and
251(b)(2)(E), otherwise applicable through
fiscal year 1993 or 1994 (as the case may be),
shall be deemed to apply for fiscal year 1994
(and 1995 if applicable).
(C) When the budget for fiscal year 1994 or
1995 is submitted and the sequestration reports
for those years under section 254 are made (as
applicable), if the President does not choose
to make the adjustments set forth in
subparagraph (B), the maximum deficit amount
for that fiscal year shall be adjusted by the
amount of the adjustment to discretionary
spending limits first applicable for that year
(if any) under section 251(b).
(D) For each fiscal year the adjustments
required to be made with the submission of the
President's budget for that year shall also be
made when OMB submits the sequestration update
report and the final sequestration report for
that year, but OMB shall continue to use the
economic and technical assumptions in the
President's budget for that year.
Each adjustment shall be made by increasing or
decreasing the maximum deficit amounts set forth in
section 601 of the Congressional Budget Act of 1974.
(2) Calculations of adjustments.--The required
increase or decrease shall be calculated as follows:
(A) The baseline deficit or surplus shall
be calculated using up-to-date economic and
technical assumptions, using up-to-date
concepts and definitions, and, in lieu of the
baseline levels of discretionary
appropriations, using the discretionary
spending limits set forth in section 601 of the
Congressional Budget Act of 1974 as adjusted
under section 251.
(B) The net deficit increase or decrease
caused by all direct spending and receipts
legislation enacted after the date of enactment
of this section (after adjusting for any
sequestration of direct spending accounts)
shall be calculated for each fiscal year by
adding--
(i) the estimates of direct
spending and receipts legislation
transmitted under section 252(d)
applicable to each such fiscal year;
and
(ii) the estimated amount of
savings in direct spending programs
applicable to each such fiscal year
resulting from the prior year's
sequestration under this section or
section 252 of direct spending, if any,
as contained in OMB's final
sequestration report for that year.
(C) The amount calculated under
subparagraph (B) shall be subtracted from the
amount calculated under subparagraph (A).
(D) The maximum deficit amount set forth in
section 601 of the Congressional Budget Act of
1974 shall be subtracted from the amount
calculated under subparagraph (C).
(E) The amount calculated under
subparagraph (D) shall be the amount of the
adjustment required by paragraph (1).
(h) Treatment of Deposit Insurance.--
(1) Initial estimates.--The initial estimates of
the net costs of federal deposit insurance for fiscal
year 1994 and fiscal year 1995 (assuming full funding
of, and continuation of, the deposit insurance
guarantee commitment in effect on the date of the
submission of the budget for fiscal year 1993) shall be
set forth in that budget.
(2) Reestimates.--For fiscal year 1994 and fiscal
year 1995, the amount of the reestimate of deposit
insurance costs shall be calculated by subtracting the
amount set forth under paragraph (1) for that year from
the current estimate of deposit insurance costs (but
assuming full funding of, and continuation of, the
deposit insurance guarantee commitment in effect on the
date of submission of the budget for fiscal year 1993).
SEC. 254. [2 U.S.C. 904] REPORTS AND ORDERS.
(a) Timetable.--The timetable with respect to this part for
any budget year is as follows:
Date: Action to be completed:
January 21........Notification regarding optional adjustment of ......
maximum deficit amount.
5 days before the CBO sequestration preview report. ..................
The President's buOMB sequestration preview report. ..................
August 10.........Notification regarding military personnel. .........
August 15.........CBO sequestration update report. ...................
August 20.........OMB sequestration update report. ...................
10 days after end CBO final sequestration report. ....................
15 days after end OMB final sequestration report; Presidential order..
(b) Submission and Availability of Reports.--Each report
required by this section shall be submitted, in the case of
CBO, to the House of Representatives, the Senate and OMB and,
in the case of OMB, to the House of Representatives, the
Senate, and the President on the day it is issued. On the
following day a notice of the report shall be printed in the
Federal Register.
(c) Sequestration Preview Reports.--
(1) Reporting requirement.--On the dates specified
in subsection (a), OMB and CBO shall issue a preview
report regarding discretionary, pay-as-you-go, and
deficit sequestration based on laws enacted through
those dates.
(2) Discretionary sequestration report.--The
preview reports shall set forth estimates for the
current year and each subsequent year through 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 section
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.--
(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 section 252(b), any excess deficit,
any breach, and any required sequestration percentage.
The OMB report shall also explain differences in the
amount of sequesterable \22\ resources for any budget
account to be reduced if such difference is greater
than $5,000,000.
---------------------------------------------------------------------------
\22\ So in original. Probably should be ``sequestrable''.
---------------------------------------------------------------------------
(5) Presidential order.--On the date specified in
subsection (a), if in its final sequestration report
OMB estimates that any sequestration is required, the
President shall issue an order fully implementing
without change all sequestrations required by the OMB
calculations set forth in that report. This order shall
be effective on issuance.
(g) Within-Session Sequestration Reports and Order.--If an
appropriation for a fiscal year in progress is enacted (after
Congress adjourns to end the session for that budget year and
before July 1 of that fiscal year) that causes a breach, 10
days later CBO shall issue a report containing the information
required in paragraph (f)(2). Fifteen days after enactment, OMB
shall issue a report containing the information required in
paragraphs (f)(2) and (f)(4). On the same day as the OMB
report, the President shall issue an order fully implementing
without change all sequestrations required by the OMB
calculations set forth in that report. This order shall be
effective on issuance.
(h) GAO Compliance Report.--Upon request of the Committee
on the Budget of the House of Representatives or the Senate,
the Comptroller General shall submit to the Congress and the
President a report on--
(1) the extent to which each order issued by the
President under this section complies with all of the
requirements contained in this part, either certifying
that the order fully and accurately complies with such
requirements or indicating the respects in which it
does not; and
(2) the extent to which each report issued by OMB
or CBO under this section complies with all of the
requirements contained in this part, either certifying
that the report fully and accurately complies with such
requirements or indicating the respects in which it
does not.
(i) Low-Growth Report.--At any time, CBO shall notify the
Congress if--
(1) during the period consisting of the quarter
during which such notification is given, the quarter
preceding such notification, and the 4 quarters
following such notification, CBO or OMB has determined
that real economic growth is projected or estimated to
be less than zero with respect to each of any 2
consecutive quarters within such period; or
(2) the most recent of the Department of Commerce's
advance preliminary or final reports of actual real
economic growth indicate that the rate of real economic
growth for each of the most recently reported quarter
and the immediately preceding quarter is less than one
percent.
(j) Economic and Technical Assumptions.--In all reports
required by this section, OMB shall use the same economic and
technical assumptions as used in the most recent budget
submitted by the President under section 1105(a) of title 31,
United States Code.
SEC. 255. [2 U.S.C. 905] EXEMPT PROGRAMS AND ACTIVITIES.
(a) Social Security Benefits and Tier I Railroad Retirement
Benefits.--Benefits payable under the old-age, survivors, and
disability insurance program established under title II of the
Social Security Act (42 U.S.C. 401 et seq.), and benefits
payable under sections 3 and 4 of the Railroad Retirement Act
of 1937 (45 U.S.C. 231 et seq.), 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.
(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 of 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).
(k) \23\ 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.
---------------------------------------------------------------------------
\23\ So in law. See amendments made by subsections (a) and (d) of
section 11 of Public Law 111-139.
---------------------------------------------------------------------------
SEC. 256. [2 U.S.C. 906] GENERAL AND SPECIAL SEQUESTRATION RULES.
(b) \24\ 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.
---------------------------------------------------------------------------
\24\ There are no subsections (a) and (c) in section 256. See
amendments made by subsections (a) and (c) of section 10 of Public Law
111-139.
---------------------------------------------------------------------------
(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) National Credit Union Administration.
(D) National Credit Union Administration,
central liquidity facility.
(E) Federal Retirement Thrift Investment
Board.
(F) 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.
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 differences 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.
SEC. 258. [2 U.S.C. 907A] SUSPENSION IN THE EVENT OF WAR OR LOW GROWTH.
(a) Procedures in the Event of a Low Growth Report.--
(1) Trigger.--Whenever CBO issues a low-growth
report under section 254(i), 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) \25\ 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.''.
---------------------------------------------------------------------------
\25\ So in law. Probably should be section 254(i).
---------------------------------------------------------------------------
(B) The title of the joint resolution shall
be ``Joint resolution suspending certain
provisions of law pursuant to section 258(a)(2)
of the Balanced Budget and Emergency Deficit
Control Act of 1985.''; and the joint
resolution shall not contain any preamble.
(3) Committee action.--Each joint resolution
introduced pursuant to paragraph (1) shall be referred
to the appropriate committees of the House of
Representatives or the Committee on the Budget of the
Senate, as the case may be; and such Committee shall
report the joint resolution to its House without
amendment on or before the fifth day on which such
House is in session after the date on which the joint
resolution is introduced. If the Committee fails to
report the joint resolution within the five-day period
referred to in the preceding sentence, it shall be
automatically discharged from further consideration of
the joint resolution, and the joint resolution shall be
placed on the appropriate calendar.
(4) Consideration of joint resolution.--
(A) A vote on final passage of a joint
resolution reported to the Senate or discharged
pursuant to paragraph (3) shall be taken on or
before the close of the fifth calendar day of
session after the date on which the joint
resolution is reported or after the Committee
has been discharged from further consideration
of the joint resolution. If prior to the
passage by one House of a joint resolution of
that House, that House receives the same joint
resolution from the other House, then--
(i) the procedure in that House
shall be the same as if no such joint
resolution had been received from the
other House, but
(ii) the vote on final passage
shall be on the joint resolution of the
other House.
When the joint resolution is agreed to, the
Clerk of the House of Representatives (in the
case of a House joint resolution agreed to in
the House of Representatives) or the Secretary
of the Senate (in the case of a Senate joint
resolution agreed to in the Senate) shall cause
the joint resolution to be engrossed,
certified, and transmitted to the other House
of the Congress as soon as practicable.
(B)(i) In the Senate, a joint resolution
under this paragraph shall be privileged. It
shall not be in order to move to reconsider the
vote by which the motion is agreed to or
disagreed to.
(ii) Debate in the Senate on a joint
resolution under this paragraph, and all
debatable motions and appeals in connection
therewith, shall be limited to not more than
five hours. The time shall be equally divided
between, and controlled by, the majority leader
and the minority leader or their designees.
(iii) Debate in the Senate on any debatable
motion or appeal in connection with a joint
resolution under this paragraph shall be
limited to not more than one hour, to be
equally divided between, and controlled by, the
mover and the manager of the joint resolution,
except that in the event the manager of the
joint resolution is in favor of any such motion
or appeal, the time in opposition thereto shall
be controlled by the minority leader or his
designee.
(iv) A motion in the Senate to further
limit debate on a joint resolution under this
paragraph is not debatable. A motion to table
or to recommit a joint resolution under this
paragraph is not in order.
(C) No amendment to a joint resolution
considered under this paragraph shall be in
order in the Senate.
(b) Suspension of Sequestration Procedures.--Upon the
enactment of a declaration of war or a joint resolution
described in subsection (a)--
(1) the subsequent issuance of any sequestration
report or any sequestration order is precluded;
(2) sections 302(f), 310(d), 311(a), and title VI
of the Congressional Budget Act of 1974 are suspended;
and
(3) section 1103 of title 31, United States Code,
is suspended.
(c) Restoration of Sequestration Procedures.--
(1) In the event of a suspension of sequestration
procedures due to a declaration of war, then, effective
with the first fiscal year that begins in the session
after the state of war is concluded by Senate
ratification of the necessary treaties, the provisions
of subsection (b) triggered by that declaration of war
are no longer effective.
(2) In the event of a suspension of sequestration
procedures due to the enactment of a joint resolution
described in subsection (a), then, effective with
regard to the first fiscal year beginning at least 12
months after the enactment of that resolution, the
provisions of subsection (b) triggered by that
resolution are no longer effective.
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.
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 \26\ for a fiscal year unless--
---------------------------------------------------------------------------
\26\ So in original. Probably should be ``section''.
---------------------------------------------------------------------------
(1) the President submits a single report to
Congress specifying, for each account, the detailed
changes proposed to be made for such fiscal year
pursuant to this section;
(2) that report is submitted within 5 calendar days
of the start of the next session of Congress; and
(3) a joint resolution affirming or modifying the
changes proposed by the President pursuant to this
paragraph \27\ 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. \27\
(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.
SEC. 258C. [2 U.S.C. 907D] SPECIAL RECONCILIATION PROCESS.
(a) Reporting of Resolutions and Reconciliation Bills and
Resolutions, in the Senate.--
(1) Committee alternatives to presidential order.--
After the submission of an OMB sequestration update
report under section 254 that envisions a sequestration
under section 252 or 253, each standing committee of
the Senate may, not later than October 10, submit to
the Committee on the Budget of the Senate information
of the type described in section 301(d) of the
Congressional Budget Act of 1974 with respect to
alternatives to the order envisioned by such report
insofar as such order affects laws within the
jurisdiction of the committee.
(2) Initial budget committee action.--After the
submission of such a report, the Committee on the
Budget of the Senate may, not later than October 15,
report to the Senate a resolution. The resolution may
affirm the impact of the order envisioned by such
report, in whole or in part. To the extent that any
part is not affirmed, the resolution shall state which
parts are not affirmed and shall contain instructions
to committees of the Senate of the type referred to in
section 310(a) of the Congressional Budget Act of 1974,
sufficient to achieve at least the total level of
deficit reduction contained in those sections which are
not affirmed.
(3) Response of committees.--Committees instructed
pursuant to paragraph (2), or affected thereby, shall
submit their responses to the Budget Committee no later
than 10 days after the resolution referred to in
paragraph (2) is agreed to, except that if only one
such Committee is so instructed such Committee shall,
by the same date, report to the Senate a reconciliation
bill or reconciliation resolution containing its
recommendations in response to such instructions. A
committee shall be considered to have complied with all
instructions to it pursuant to a resolution adopted
under paragraph (2) if it has made recommendations with
respect to matters within its jurisdiction which would
result in a reduction in the deficit at least equal to
the total reduction directed by such instructions.
(4) Budget committee action.--Upon receipt of the
recommendations received in response to a resolution
referred to in paragraph (2), the Budget Committee
shall report to the Senate a reconciliation bill or
reconciliation resolution, or both, carrying out all
such recommendations without any substantive revisions.
In the event that a committee instructed in a
resolution referred to in paragraph (2) fails to submit
any recommendation (or, when only one committee is
instructed, fails to report a reconciliation bill or
resolution) in response to such instructions, the
Budget Committee shall include in the reconciliation
bill or reconciliation resolution reported pursuant to
this subparagraph legislative language within the
jurisdiction of the noncomplying committee to achieve
the amount of deficit reduction directed in such
instructions.
(5) Point of order.--It shall not be in order in
the Senate to consider any reconciliation bill or
reconciliation resolution reported under paragraph (4)
with respect to a fiscal year, any amendment thereto,
or any conference report thereon if--
(A) the enactment of such bill or
resolution as reported;
(B) the adoption and enactment of such
amendment; or
(C) the enactment of such bill or
resolution in the form recommended in such
conference report,
would cause the amount of the deficit for such fiscal
year to exceed the maximum deficit amount for such
fiscal year, unless the low-growth report submitted
under section 254 projects negative real economic
growth for such fiscal year, or for each of any two
consecutive quarters during such fiscal year.
(6) Treatment of certain amendments.--In the
Senate, an amendment which adds to a resolution
reported under paragraph (2) an instruction of the type
referred to in such paragraph shall be in order during
the consideration of such resolution if such amendment
would be in order but for the fact that it would be
held to be non-germane on the basis that the
instruction constitutes new matter.
(7) Definition.--For purposes of paragraphs (1),
(2), and (3), the term ``day'' shall mean any calendar
day on which the Senate is in session.
(b) Procedures.--
(1) In general.--Except as provided in paragraph
(2), in the Senate the provisions of sections 305 and
310 of the Congressional Budget Act of 1974 for the
consideration of concurrent resolutions on the budget
and conference reports thereon shall also apply to the
consideration of resolutions, and reconciliation bills
and reconciliation resolutions reported under this
paragraph and conference reports thereon.
(2) Limit on debate.--Debate in the Senate on any
resolution reported pursuant to subsection (a)(2), and
all amendments thereto and debatable motions and
appeals in connection therewith, shall be limited to 10
hours.
(3) Limitation on amendments.--Section 310(d)(2) of
the Congressional Budget Act shall apply to
reconciliation bills and reconciliation resolutions
reported under this subsection.
(4) Bills and resolutions received from the
house.--Any bill or resolution received in the Senate
from the House, which is a companion to a
reconciliation bill or reconciliation resolution of the
Senate for the purposes of this subsection, shall be
considered in the Senate pursuant to the provisions of
this subsection.
(5) Definition.--For purposes of this subsection,
the term ``resolution'' means a simple, joint, or
concurrent resolution.
* * * * * * *
PART E--MISCELLANEOUS AND RELATED PROVISIONS
* * * * * * *
SEC. 274. [2 U.S.C. 922] JUDICIAL REVIEW.
(a) Expedited Review.--
(1) Any Member of Congress may bring an action, in
the United States District Court for the District of
Columbia, for declaratory judgment and injunctive
relief on the ground that any order that might be
issued pursuant to section 254 violates the
Constitution.
(2) Any Member of Congress, or any other person
adversely affected by any action taken under this
title, may bring an action, in the United States
District Court for the District of Columbia, for
declaratory judgment and injunctive relief concerning
the constitutionality of this title.
(3) Any Member of Congress may bring an action, in
the United States District Court for the District of
Columbia, for declaratory and injunctive relief on the
ground that the terms of an order issued under section
254 do not comply with the requirements of this title.
(4) A copy of any complaint in an action brought
under paragraph (1), (2), or (3) shall be promptly
delivered to the Secretary of the Senate and the Clerk
of the House of Representatives, and each House of
Congress shall have the right to intervene in such
action.
(5) Any action brought under paragraph (1), (2), or
(3) shall be heard and determined by a three-judge
court in accordance with section 2284 of title 28,
United States Code.
Nothing in this section or in any other law shall infringe upon
the right of the House of Representatives to intervene in an
action brought under paragraph (1), (2), or (3) without the
necessity of adopting a resolution to authorize such
intervention.
(b) Appeal to Supreme Court.--Notwithstanding any other
provision of law, any order of the United States District Court
for the District of Columbia which is issued pursuant to an
action brought under paragraph (1), (2), or (3) of subsection
(a) shall be reviewable by appeal directly to the Supreme Court
of the United States. Any such appeal shall be taken by a
notice of appeal filed within 10 days after such order is
entered; and the jurisdictional statement shall be filed within
30 days after such order is entered. No stay of an order issued
pursuant to an action brought under paragraph (1), (2), or (3)
of subsection (a) shall be issued by a single Justice of the
Supreme Court.
(c) Expedited Consideration.--It shall be the duty of the
District Court for the District of Columbia and the Supreme
Court of the United States to advance on the docket and to
expedite to the greatest possible extent the disposition of any
matter brought under subsection (a).
(d) Noncompliance With Sequestration Procedures.--
(1) If it is finally determined by a court of
competent jurisdiction that an order issued by the
President under section 254 for any fiscal year--
(A) does not reduce automatic spending
increases under any program specified in
section 256(a) if such increases are required
to be reduced by part C of this title (or
reduces such increases by a greater extent than
is so required), or
(B) does not sequester the amount of
budgetary resources which is required to be
sequestered by such part (or sequesters more
than that amount) with respect to any program,
project, activity, or account,
the President shall, within 20 days after such
determination is made, revise the order in accordance
with such determination.
(2) If the order issued by the President under
section 254 for any fiscal year--
(A) does not reduce any automatic spending
increase to the extent that such increase is
required to be reduced by part C of this title,
(B) does not sequester any amount of new
budget authority, new loan guarantee
commitments, new direct loan obligations, or
spending authority which is required to be
sequestered by such part, or
(C) does not reduce any obligation
limitation by the amount by which such
limitation is required to be reduced under such
part,
on the claim or defense that the constitutional powers
of the President prevent such sequestration or
reduction or permit the avoidance of such sequestration
or reduction, and such claim or defense is finally
determined by the Supreme Court of the United States to
be valid, then the entire order issued pursuant to
section 254 for such fiscal year shall be null and
void.
(e) Timing of Relief.--No order of any court granting
declaratory or injunctive relief from the order of the
President issued under section 254, including but not limited
to relief permitting or requiring the expenditure of funds
sequestered by such order, shall take effect during the
pendency of the action before such court, during the time
appeal may be taken, or, if appeal is taken, during the period
before the court to which such appeal is taken has entered its
final order disposing of such action.
(f) Preservation of Other Rights.--The rights created by
this section are in addition to the rights of any person under
law, subject to subsection (e).
(g) Economic Data, Assumptions, and Methodologies.--The
economic data and economic assumptions used by the Director of
OMB in computing the figures specified in any report issued by
the Director of OMB under section 254, shall not be subject to
review in any judicial or administrative proceeding.
[Section 275 repealed by section 104(a) of the Budget
Control Act of 2011 (Public Law 112-25).]END OF
STATUTE deg.