[Senate Report 116-325]
[From the U.S. Government Publishing Office]
Calendar No. 306
116th Congress} { Report
SENATE
2d Session } { 116-325
======================================================================
THE BIPARTISAN CONGRESSIONAL BUDGET REFORM ACT
__________
R E P O R T
of the
COMMITTEE ON THE BUDGET
UNITED STATES SENATE
to accompany
S. 2765
together with
ADDITIONAL VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 15, 2020.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2020
-----------------------------------------------------------------------------------
COMMITTEE ON THE BUDGET
MICHAEL B. ENZI, Wyoming, Chairman
CHARLES E. GRASSLEY, Iowa BERNARD SANDERS, Vermont
MIKE CRAPO, Idaho PATTY MURRAY, Washington
LINDSEY O. GRAHAM, South Carolina RON WYDEN, Oregon
PATRICK TOOMEY, Pennsylvania DEBBIE STABENOW, Michigan
RON JOHNSON, Wisconsin SHELDON WHITEHOUSE, Rhode Island
DAVID A. PERDUE, Georgia MARK R. WARNER, Virginia
MIKE BRAUN, Indiana JEFF MERKLEY, Oregon
RICK SCOTT, Florida TIM KAINE, Virginia
JOHN KENNEDY, Louisiana CHRIS VAN HOLLEN, Maryland
KEVIN CRAMER, North Dakota KAMALA D. HARRIS, California
Elizabeth McDonnell, Republican Staff Director
Warren Gunnels, Minority Staff Director
Calendar No. 306
116th Congress} { Report
SENATE
2d Session } { 116-325
======================================================================
THE BIPARTISAN CONGRESSIONAL BUDGET REFORM ACT
_______
December 15, 2020.--Ordered to be printed
_______
Mr. Enzi, from the Committee on the Budget, submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany S. 2765]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Budget, to which was referred the bill
(S. 2765) to improve Federal fiscal controls and the
congressional budget process, having considered the same,
reports favorably thereon with an amendment (in the nature of a
substitute) and recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose..........................................................2
II. Background and Need for Legislation..............................2
III. Summary of Provisions............................................2
IV. Legislative History..............................................3
V. CBO Cost Estimate................................................4
VI. Regulatory Impact Statement......................................6
VII. Congressionally Directed Spending................................6
VIII.Section-by-Section Analysis......................................7
IX. Committee Votes.................................................12
X. Additional Views................................................16
XI. Changes in Existing Law.........................................24
XII. Public Hearings.................................................97
I. Purpose
The purpose of S. 2765, the Bipartisan Congressional Budget
Reform Act, is to provide a more deliberative and transparent
budget process focused on long-term fiscal planning. The
legislation would transition the congressional budget process
to a biennial cycle, improve procedures for Senate
consideration and enforcement of budget resolutions, enhance
fiscal transparency, and help end the brinksmanship surrounding
the debt limit.
II. Background and Need for Legislation
The Congressional Budget and Impoundment Control Act of
1974 was enacted to establish a new congressional budget
process, Committees on the Budget in each House, a
Congressional Budget Office (CBO), a procedure for providing
congressional control over the impoundment of funds by the
executive branch, and for other purposes. Titles I through IX
of that Act are cited as the ``Congressional Budget Act of
1974.'' Parts A and B of title X are cited as the ``Impoundment
Control Act of 1974.''
In the intervening 45 years since the law's enactment, the
budgeting and spending process has deteriorated. Government
shutdowns, continuing resolutions, threats of default, and the
failure to pass or adhere to budget resolutions are all
symptoms of a dysfunctional system.
S. 2765, the Bipartisan Congressional Budget Reform Act,
will not fix all of our fiscal challenges, but it marks an
important step forward in improving a broken budget process.
This legislation is the result of years of careful
consideration by senators on both sides of the aisle. Reporting
this measure marks the first bipartisan budget process reform
legislation to be advanced by the Senate Committee on the
Budget in nearly 30 years.
III. Summary of Provisions
S. 2765 would do the following:
Move the budget resolution from an annual cycle to a
2-year cycle, while maintaining annual appropriations.
Focus on fiscal sustainability by requiring the
budget resolution to establish a debt-to-gross domestic
product (GDP) target backed by a deficit-reducing
special reconciliation process to promote budget
adherence.
Maintain existing reconciliation practices and
procedures.
Require more involvement from Senate spending and
tax-writing committees to better inform the development
of the budget resolution.
Create a mechanism within the regular budget process
to conform the debt limit to levels called for in the
budget resolution.
Establish an optional bipartisan pathway through
which statutory discretionary spending caps could be
set for 2 years, and the debt limit could be aligned
with budget resolution levels. The support of at least
60 Senators, including at least 15 members of the
minority, would be required under this pathway.
Provide a more orderly process for Senate
consideration of budget resolutions that preserves the
ability of Senators on both sides of the aisle to offer
amendments.
Rename the Senate Committee on the Budget the
Committee on Fiscal Control and the Budget, and make
the chairs and ranking members of the Appropriations
and Finance Committees non-voting members of the
committee. In cases where the chair or ranking member
of either of those committees already serves on the
committee in his or her individual capacity, that
member would retain voting privileges.
Enhance fiscal transparency by requiring that up-to-
date tabulations of congressional budget action be
publicly posted.
Require CBO and the Government Accountability Office
(GAO) to regularly review and report to Congress on
portfolios of Federal spending and tax expenditures to
help lawmakers make more informed budgetary decisions.
Require CBO to provide additional public reports,
such as reviews of the accuracy of its past projections
and cost estimates and reports on its future
transparency actions. The bill would also require
interest costs to be included in cost estimates of
direct spending, revenue, and supplemental
appropriations measures. It would mandate that CBO
publish public scores of appropriations measures when
they are approved by committee, which will provide
additional information on advanced appropriations and
changes in mandatory programs (CHIMPs).
IV. Legislative History
S. 2765, the Bipartisan Congressional Budget Reform Act,
was introduced on October 31, 2019, by Senators Mike Enzi [R-
WY], Sheldon Whitehouse [D-RI], Charles Grassley [R-IA], Tim
Kaine [D-VA], Mike Crapo [R-ID], Angus King [I-ME], Lindsey
Graham [R-SC], Chris Coons [D-DE], John Barrasso [R-WY], Roy
Blunt [R-MO], Ron Johnson [R-WI], David Perdue [R-GA], John
Kennedy [R-LA], Kevin Cramer [R-ND], and Mike Braun [R-IN]. The
bill was read twice and referred to the Senate Committee on the
Budget. Senators Rick Scott [R-FL] and Mark Warner [D-VA]
joined as cosponsors on November 5, 2019. Subsequently,
Senators John Cornyn [R-TX], Lamar Alexander [R-TN], Joni Ernst
[R-IA], Deb Fischer [R-NE], James Lankford [R-OK], and James
Risch [R-ID] have all joined as cosponsors.
The Committee considered S. 2765 at a business meeting on
November 6, 2019. Chairman Mike Enzi and Senator Whitehouse
offered a substitute amendment that reflected bipartisan
improvements and technical corrections. The Committee adopted
the substitute amendment, as well as amendments offered by
Senators Toomey, Kaine, and Van Hollen. On November 6, 2019,
the Committee ordered the Act, as amended, be reported
favorably by roll call vote. Senators present for the vote on
reporting the Act, as amended, included: Enzi, Grassley, Crapo,
Graham, Toomey, Johnson, Perdue, Braun, Scott, Cramer, Murray,
Wyden, Stabenow, Whitehouse, Warner, Merkley, Kaine, and Van
Hollen. On November 13, 2019, S. 2765 was reported favorably
with an amendment (in the nature of a substitute).
V. CBO Cost Estimate
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
VI. Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 2765, as reported, would have no effect on the number or
types of individuals and businesses regulated.
ECONOMIC IMPACT
S. 2765, as reported, is not expected to have a negative
impact on the Nation's economy.
PRIVACY
S. 2765, as reported, is not expected to have an adverse
impact on the personal privacy of individuals.
PAPERWORK
S. 2765, as reported, would not increase paperwork
requirements. The legislation does place additional reporting
requirements on the Congressional Budget Office, the Government
Accountability Office (GAO), and the Office of Management and
the Budget in order to improve transparency in the Federal
budget and spending processes.
VII. Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
VIII. Section-by-Section Analysis
Section 1. Short title.
This section identifies the short title of the Act as the
``Bipartisan Congressional Budget Reform Act.''
Section 2. Table of contents.
This section provides for the Act's table of contents.
TITLE I--BUDGET TIMELINE AND INFORMATION
Section 101. Revision of timetable.
This section amends section 300 of the Congressional Budget
Act of 1974 and provides a new timetable with respect to the
congressional budget process. The budget process will move to a
biennial cycle, and the President will be required to submit an
administrative budget by December 1st each year. This removes
the need for the CBO to produce 2 separate baselines early in
the year and provides Congress with necessary budget
information earlier in the process. The deadline for committee
views and estimates letters in the Senate is moved to March
1st, and the target for completion of action on a congressional
budget resolution is changed to May 15th. This section also
contains an alternative timeline to accommodate the first year
of a new presidential administration.
Section 102. Budget submissions by the President.
This section amends title 31 of the United States Code,
which governs the contents of the President's budget, to
reflect the change to a biennial budget cycle. The required
elements of the administrative budget are also specified.
Section 103. Baseline construction.
This section amends section 257(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 and provides that
discretionary appropriations designated as emergency, overseas
contingency operations, or in a manner that makes spending not
subject to congressional enforcement under section 302 or
section 311 of the Congressional Budget Act of 1974, shall not
be assumed to continue in future years.
Section 104. Report on debt-to-GDP targets.
This section directs CBO, not later than February 15th of
each even-numbered year, to report on whether the ratio of the
debt held by the public to GDP of the United States set by the
most recently agreed to concurrent resolution on the budget
will be achieved.
TITLE II--BIENNIAL BUDGETING, CONTENTS OF BUDGET RESOLUTION, AND
BIPARTISAN BUDGETS
Section 201. Biennial budgeting generally.
The budget resolution process moves to a biennial cycle
with a resolution agreed to in the first year and additional
enforcement tools available in the second year of the biennium.
Section 202. Contents of concurrent resolution on the budget.
This section amends section 301 of the Congressional Budget
Act of 1974 to reflect the move to a biennial budget cycle. It
requires topline discretionary spending levels be included in
the budget resolution text and those figures to show
discretionary spending that would be immediately allocated to
the Appropriations Committee and spending that would be held in
reserve for other purposes or excluded from allocation totals.
This section also requires mandatory spending to be displayed
on a budget function basis and the inclusion of figures showing
annual debt subject to limit, debt held by the public, and the
underlying GDP assumed in the concurrent resolution. The budget
resolution shall also include a projected debt-to-GDP target
for each year covered by the budget resolution. While the
budget resolution remains a concurrent resolution, a new
mechanism is established under a new section 316 of the
Congressional Budget Act of 1974 to automatically generate a
joint resolution to conform the debt limit to the levels called
for in the budget resolution.
An optional pathway is also created for bipartisan budget
resolutions reported by the Committee with the support of not
less than half of the members of the majority party and not
less than half of the members of the minority party of the
Committee. Such bipartisan budgets may receive expedited
consideration in the Senate under procedures jointly agreed to
by the Senate majority and minority leaders. Under this
section, adoption of a bipartisan budget resolution in the
Senate requires the support of at least 60 Senators, including
at least 15 members of the minority party; if this threshold is
not met, the budget resolution is returned to the Committee on
the Budget. Upon adoption of such a resolution, a joint
resolution is automatically generated to conform the debt limit
to the levels called for in the budget resolution and establish
statutory discretionary spending caps for the biennium. The
motion to proceed to appropriations measures in the first
biennium covered by a bipartisan budget is non-debatable.
Additionally, numerically insignificant budget points of order
would not apply, subject to the discretion of the Chairman of
the Committee on Fiscal Control and the Budget.
Section 203. Additional matters relating to concurrent resolution.
This section amends section 301(d) of the Congressional
Budget Act of 1974 to require Senate committees to submit views
and estimates on the contents of the budget resolution by March
1st. Committees are required to include plans responsive to
CBO's most recent report on unauthorized appropriations as well
as plans for improved government performance based on relevant
Inspectors General and GAO reports and recommendations. The
House and Senate tax-writing committees are required to include
revenue outlooks and estimates of the budgetary effects of any
tax changes the committees plan to seek, including the
extension of expiring tax provisions. Tax expenditures are made
optional content in a budget resolution. The inclusion of the
optional tax expenditure data is done for supplemental
informational purposes, as the budgetary effects of tax
expenditures are already factored into the resolution's
functional spending and aggregated revenue and spending
figures.
Section 204. Committee allocations.
This section includes conforming changes to reflect the
move to a biennial budget cycle and the revised budget
timetable.
Section 205. Section 303 point of order.
This section includes conforming changes to reflect the
move to a biennial budget cycle and the revised budget
timetable.
Section 206. Permissible revisions of concurrent resolutions on the
budget.
This section includes conforming changes to reflect the
move to a biennial budget cycle and the revised budget
timetable.
Section 207. Procedures for consideration of budget resolutions.
This section includes conforming changes to reflect the
move to a biennial budget cycle and the revised budget
timetable.
Section 208. Completion of House action on appropriation bills.
This section includes conforming changes to reflect the
move to a biennial budget cycle and the revised budget
timetable.
Section 209. Reconciliation process.
This section includes conforming changes to reflect the
move to a biennial budget cycle and the revised budget
timetable.
Section 210. Section 311 point of order.
This section includes conforming changes to reflect the
move to a biennial budget cycle and the revised budget
timetable.
Section 211. Maximum deficit amount point of order.
This section includes conforming changes to reflect the
move to a biennial budget cycle and the revised budget
timetable.
TITLE III--COMMITTEE ON FISCAL CONTROL AND THE BUDGET
Section 301. Committee on Fiscal Control and the Budget of the Senate.
This section renames the Senate Committee on the Budget the
Senate Committee on Fiscal Control and the Budget. This section
also makes the chairs and ranking members of both the
Appropriations and Finance Committees ex officio, non-voting
members of the Committee on Fiscal Control and the Budget.
Section 302. Technical and conforming amendments.
This section amends the Congressional Budget Act of 1974,
the Balanced Budget and Emergency Deficit Control Act of 1985,
the Statutory Pay-As-You-Go Act, and other legislation to
reflect the renamed Senate committee.
Section 303. References.
This section provides that any reference in any law,
regulation, map, document, record, or other paper of the United
States to the Committee on the Budget of the Senate shall be
deemed a reference to the Committee on Fiscal Control and the
Budget of the Senate.
TITLE IV--SPECIAL RECONCILIATION INSTRUCTIONS
Section 401. Special reconciliation instructions.
This section provides a means to initiate a special
reconciliation process in the event the CBO report required by
section 104 of this Act indicates that the debt-to-GDP target
under the most recently agreed to concurrent budget resolution
will not be achieved. If applicable, no later than April 15th
of the second year of the biennium, the Committee on Fiscal
Control and the Budget shall report to the Senate a resolution
specifying: (1) the total level of deficit reduction and the
period during which it is to be achieved under the special
reconciliation process and (2) reconciliation instructions to
one or more Senate committees specifying the total amount of
deficit reduction to be achieved through changes in laws within
the jurisdiction of each such committee (all reconciliation
instructions must reduce the deficit through changes to
spending and/or revenue levels). The motion to proceed to a
special reconciliation resolution is non-debatable, and debate
on the resolution is limited to 10 hours. The consideration of
amendments to the resolution shall alternate between amendments
offered by members of the minority party and amendments offered
by members of the majority.
Not later than May 15th, instructed committees are required
to submit their recommended changes to the Committee on Fiscal
Control and the Budget. The Committee on Fiscal Control and the
Budget shall report to the full Senate special reconciliation
legislation carrying out all recommended changes without
substantive revision, except in the case of committees that
fail to report compliant recommendations. In such case, to
induce compliance, the Committee on Fiscal Control and the
Budget may report changes in laws within the jurisdiction of a
noncompliant committee to meet that committee's agreed upon
instruction. Special reconciliation legislation shall be
considered in the Senate under the same procedures as regular
reconciliation legislation. The existing Byrd Rule, including
the prohibition against direct changes to Social Security
levels, applies to this process. The Act outlines a special
rule for revenue measures reported pursuant to this section.
TITLE V--CONGRESSIONAL BUDGET ENFORCEMENT AND ACCOUNTABILITY
Section 501. Up-to-date tabulations of congressional budget action.
Under this section, the Chair of the House Committee on the
Budget and the Chair of the Senate Committee on Fiscal Control
and the Budget are required to release, and make available to
the public, scorekeeping reports tracking compliance with the
budget. These scorekeeping reports shall track current law
levels of spending and revenue with the concurrent resolution's
allowable spending, both on an aggregate and committee-based
basis, and revenue levels.
Section 502. Surgical strike point of order relating to legislation
dealing with the congressional budget.
Section 306 of the Congressional Budget Act of 1974
provides a point of order against legislation dealing with a
matter within the Committee on the Budget's jurisdiction unless
that legislation has been reported by, or is amending
legislation reported by, the Senate Committee on the Budget.
This section makes the current section 306 point of order
surgical, so that if sustained, it only strikes the offending
provision, while the rest of the measure remains pending before
the Senate.
Section 503. Global waiver for general budget points of order.
This section disallows the use of global, preemptive
waivers for surgical points of order. This ensures that points
of order that could immediately remedy the text, by removing
the offending provisions of the legislation, could be
considered without unduly disrupting floor operations.
Section 504. Point of order against certain changes in mandatory
programs affecting the Crime Victims Fund.
This section establishes a point of order against certain
CHIMPs affecting the Crime Victims Fund.
Section 505. Impoundments.
This section amends the Impoundment Control Act of 1974 to
increase public reporting of the Office of Management and
Budget's apportionment process and install a timing restraint
on administrative deferral or rescission efforts under that
Act.
Section 506. Effective date.
This section clarifies that title V of this Act shall take
effect on the date of enactment.
TITLE VI--REPORTS
Section 601. Reports to the Committee on Fiscal Control and the Budget
of the Senate and the Committee on the Budget of the House of
Representatives.
This section requires CBO to review and report to Congress
on the accuracy of its past economic and baseline projections,
review the accuracy of past cost estimates, and submit an
annual plan outlining current and future transparency
initiatives. It also requires CBO to make available important
information underlying the cost estimates of major legislation
and reports related to the ratio of debt held by the public-to-
GDP.
Section 602. Reporting on interest effects and budgetary effects.
This section requires CBO to include, as supplemental
information, projected interest costs in its estimates for
mandatory spending programs, revenue changes, and supplemental
appropriations bills. This section requires CBO to include 10
years of estimates of spending subject to appropriations,
doubling the current requirement of 5 years. It also requires
CBO to produce public estimates of appropriations legislation
that include the costs associated with any advanced
appropriations or CHIMPs.
Section 603. Portfolio budgeting.
This section requires CBO and GAO to regularly review and
report to Congress on portfolios of Federal spending and tax
expenditures. Specifically, the agencies will identify Federal
investments in duplicative, overlapping, and fragmented
programs, along with long-term funding trends. Portfolio
reports shall occur on a staggered 5-year, recurring cycle.
Section 604. Budget contents and submission to Congress.
This section requires the President's budget to include
legislative proposals and justifications for changes related to
the portfolio reviewed by CBO and GAO for the relevant fiscal
year.
TITLE VII--MODIFICATION OF CONSIDERATION OF BUDGET RESOLUTION
Section 701. Modification of consideration of budget resolution.
This section amends section 305(b) of the Congressional
Budget Act of 1974 to provide a new process for Senate
consideration of the budget resolution. The 50-hour limit on
Senate debate of a budget resolution is changed to a limit on
consideration. General debate on the resolution is limited to
20 hours and all remaining time is reserved for amendments. The
consideration of amendments shall alternate between those
offered by members of the majority and those offered by members
of the minority to ensure the ability of Senators from both
parties to offer amendments. In the event members of the
majority or minority no longer have amendments for
consideration, the remaining amendments shall be processed
until disposed of, without regard for alternation. The maximum
debate time on first degree amendments is reduced from 2 hours
to 1 hour to allow for the consideration of more amendments.
Such changes only apply to Senate consideration of budget
resolutions; they do not: (1) preclude adoption of a managers'
package, (2) apply to reconciliation bills, or (3) change
procedures in the House of Representatives.
TITLE VIII--EFFECTIVE DATE
Section 801. Effective date; applicability.
This section prescribes that some of the provisions in the
Act, including the requirement for CBO cost estimates to
include interest effects and the new enforcement provisions,
take effect immediately upon enactment of the legislation. The
biennial budget cycle and special reconciliation begin in
fiscal year 2022 with the start of the 117th Congress.
IX. Committee Votes
On November 4, 2019, Senators Enzi and Whitehouse provided
a substitute amendment to S. 2765, the Bipartisan Congressional
Budget Reform Act, to Budget Committee Member offices.
On November 6, 2019, with a quorum present, the Chairman of
the Senate Committee on the Budget held a Markup to consider S.
2765. The substitute amendment offered by Senators Enzi and
Whitehouse was adopted by unanimous consent and served as
original text for purposes of further amendment. The following
votes were taken during the Committee markup of S. 2765:
1. An amendment offered by Senators Wyden, Murray, and
Stabenow to strike title IV of the bill.
The amendment was not agreed to by a roll call vote of 7
ayes and 14 noes.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
ENZI (WY) X SANDERS X
(Chairma (VT)
n) (Ranking
)
------------------------------------------------------------------------
GRASSLEY X MURRAY X
(IA) (WA)
------------------------------------------------------------------------
CRAPO X WYDEN X
(ID) (OR)
------------------------------------------------------------------------
GRAHAM X STABENOW X
(SC) (MI)
------------------------------------------------------------------------
TOOMEY X WHITEHOUS X
(PA) E (RI)
------------------------------------------------------------------------
JOHNSON X WARNER X
(WI) (VA)
------------------------------------------------------------------------
PERDUE X MERKLEY X
(GA) (OR)
------------------------------------------------------------------------
BRAUN X KAINE X
(IN) (VA)
------------------------------------------------------------------------
SCOTT X VAN X
(FL) HOLLEN
(MD)
------------------------------------------------------------------------
KENNEDY X HARRIS X
(LA) (CA)
------------------------------------------------------------------------
CRAMER X
(ND)
------------------------------------------------------------------------
2. An amendment offered by Senator Toomey to curtail the
use of CHIMPs affecting the Crime Victims Fund to inflate
spending.
The amendment was agreed to by a voice vote.
3. An Amendment offered by Senator Merkley to require CBO
to report on the distributional effects of reconciliation
bills.
The amendment was not agreed to by a roll call vote of 10
ayes and 11 noes.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
ENZI (WY) X SANDERS X
(Chairma (VT)
n) (Ranking
)
------------------------------------------------------------------------
GRASSLEY X MURRAY X
(IA) (WA)
------------------------------------------------------------------------
CRAPO X WYDEN X
(ID) (OR)
------------------------------------------------------------------------
GRAHAM X STABENOW X
(SC) (MI)
------------------------------------------------------------------------
TOOMEY X WHITEHOUS X
(PA) E (RI)
------------------------------------------------------------------------
JOHNSON X WARNER X
(WI) (VA)
------------------------------------------------------------------------
PERDUE X MERKLEY X
(GA) (OR)
------------------------------------------------------------------------
BRAUN X KAINE X
(IN) (VA)
------------------------------------------------------------------------
SCOTT X VAN X
(FL) HOLLEN
(MD)
------------------------------------------------------------------------
KENNEDY X HARRIS X
(LA) (CA)
------------------------------------------------------------------------
CRAMER X
(ND)
------------------------------------------------------------------------
4. An amendment offered by Senator Perdue to align the
fiscal year with the calendar year.
The amendment was not agreed to by a roll call vote of 9
ayes and 12 noes.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
ENZI (WY) X SANDERS X
(Chairma (VT)
n) (Ranking
)
------------------------------------------------------------------------
GRASSLEY X MURRAY X
(IA) (WA)
------------------------------------------------------------------------
CRAPO X WYDEN X
(ID) (OR)
------------------------------------------------------------------------
GRAHAM X STABENOW X
(SC) (MI)
------------------------------------------------------------------------
TOOMEY X WHITEHOUS X
(PA) E (RI)
------------------------------------------------------------------------
JOHNSON X WARNER X
(WI) (VA)
------------------------------------------------------------------------
PERDUE X MERKLEY X
(GA) (OR)
------------------------------------------------------------------------
BRAUN X KAINE X
(IN) (VA)
------------------------------------------------------------------------
SCOTT X VAN X
(FL) HOLLEN
(MD)
------------------------------------------------------------------------
KENNEDY X HARRIS X
(LA) (CA)
------------------------------------------------------------------------
CRAMER X
(ND)
------------------------------------------------------------------------
5. An amendment offered by Senators Kaine, Wyden, Murray,
Whitehouse, Warner, and Merkley to include tax expenditures in
the portfolio budgeting reporting requirements.
The amendment was agreed to by a voice vote.
6. An amendment offered by Senator Van Hollen to modify the
requirements of the Impoundment Control Act of 1974.
The amendment was agreed to by a roll call vote of 13 ayes
and 8 noes.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
ENZI (WY) X SANDERS X
(Chairma (VT)
n) (Ranking
)
------------------------------------------------------------------------
GRASSLEY X MURRAY X
(IA) (WA)
------------------------------------------------------------------------
CRAPO X WYDEN X
(ID) (OR)
------------------------------------------------------------------------
GRAHAM X STABENOW X
(SC) (MI)
------------------------------------------------------------------------
TOOMEY X WHITEHOUS X
(PA) E (RI)
------------------------------------------------------------------------
JOHNSON X WARNER X
(WI) (VA)
------------------------------------------------------------------------
PERDUE X MERKLEY X
(GA) (OR)
------------------------------------------------------------------------
BRAUN X KAINE X
(IN) (VA)
------------------------------------------------------------------------
SCOTT X VAN X
(FL) HOLLEN
(MD)
------------------------------------------------------------------------
KENNEDY X HARRIS X
(LA) (CA)
------------------------------------------------------------------------
CRAMER X
(ND)
------------------------------------------------------------------------
Following the roll call vote on Senator Van Hollen's
amendment, the Committee stood in recess subject to the call of
the Chair to accommodate votes on the Senate floor. Upon
reconvening, Chairman Enzi made a motion to report the bill
favorably, as amended. The motion was agreed to and S. 2765, as
amended, was reported favorably by a roll call vote of 15 ayes
and 6 noes.
------------------------------------------------------------------------
Name & Answer Name & Answer
State Aye No Present State Aye No Present
------------------------------------------------------------------------
ENZI (WY) X SANDERS X
(Chairma (VT)
n) (Ranking
)
------------------------------------------------------------------------
GRASSLEY X MURRAY X
(IA) (WA)
------------------------------------------------------------------------
CRAPO X WYDEN X
(ID) (OR)
------------------------------------------------------------------------
GRAHAM X STABENOW X
(SC) (MI)
------------------------------------------------------------------------
TOOMEY X WHITEHOUS X
(PA) E (RI)
------------------------------------------------------------------------
JOHNSON X WARNER X
(WI) (VA)
------------------------------------------------------------------------
PERDUE X MERKLEY X
(GA) (OR)
------------------------------------------------------------------------
BRAUN X KAINE X
(IN) (VA)
------------------------------------------------------------------------
SCOTT X VAN X
(FL) HOLLEN
(MD)
------------------------------------------------------------------------
KENNEDY X HARRIS X
(LA) (CA)
------------------------------------------------------------------------
CRAMER X
(ND)
------------------------------------------------------------------------
X. Additional Views
ADDITIONAL VIEWS OF SENATOR CHUCK GRASSLEY
Statement on Budget Process Reform Legislation
I thank Chairman Enzi for his leadership in arriving at
bipartisan legislation to fix our broken budget and spending
process. I also appreciate the work that Senator Whitehouse has
put into development of the legislation.
Chairman Enzi has held many hearings and meetings with
Members of Congress and stakeholders to ensure that the process
through which this legislation was developed has been open,
transparent, and thorough.
At a time when bipartisan accomplishments are often hard to
come by, Chairman Enzi has worked tirelessly to arrive at
bipartisan proposals to help manage the Nation's finances and
increase oversight and accountability in the budget process.
I support the budget reform legislation that we will
consider today. And I again express my appreciation for
Chairman Enzi's leadership and Senator Whitehouse's hard work
on this effort.
Chuck Grassley.
ADDITIONAL VIEWS OF SENATOR CHRIS VAN HOLLEN
Statement on the Bipartisan Congressional Budget Reform Act
I supported advancing the Bipartisan Congressional Budget
Reform Act in the Senate Budget Committee to move the process
forward on the impoundment control measures adopted by the
committee on a bipartisan basis, but I have strong reservations
about other aspects of this legislation that must be addressed
before I support this legislation on the Senate floor.
I oppose the special reconciliation instructions in title
IV of the bill, and I supported the amendment to strike that
title from the bill. This special reconciliation process is
triggered in the second year of the budget resolution if CBO
projects that the debt-to-GDP ratio will exceed the budget
resolution's target. This is especially likely to happen when
the economy is in recession--sending exactly the wrong signal
to push Congress toward fiscal austerity when economic recovery
measures are most desperately needed. I am especially concerned
that this process reduces transparency and accountability in
ways that could make it easier for a future Congress to make
deeply destructive cuts to important middle-class programs like
Medicare and Medicaid.
I am also concerned about title VII of the bill, which
curtails the rights of Senators to offer amendments to a budget
resolution. This eliminates one of the few places where
Senators have an open amendment process, replacing it with a
system in which the majority leader and minority leader will
take turns deciding which amendment gets a vote. I support the
structured amendment process in the bill only if Senators can
still offer amendments at the end of that process.
I voted to advance this legislation through the committee
because it now includes urgently needed reforms to reassert the
congressional power of the purse. I offered an amendment to
include provisions in this bill to strengthen the Impoundment
Control Act of 1974, in order to prevent any administration
from permanently withholding funds for congressionally mandated
programs. This committee sent a powerful signal by adopting the
amendment on a bipartisan basis.
The Impoundment Control Act allows the President to
withhold funds for up to 45 days after proposing legislation to
Congress to rescind those funds, but the funds must be released
unless Congress passes that rescission legislation. President
Trump has repeatedly considered abusing this rule to withhold
funds that are about to expire, thereby canceling them
regardless of whether Congress passes a rescission bill. The
Government Accountability Office has determined that this would
be illegal, and the amendment passed by the Senate Budget
Committee as part of this legislation builds on that legal
opinion with stronger rules to ensure that funds are made
available for obligation before they expire.
Additionally, the amendment requires increased disclosure
of how the executive branch is making funds available to be
spent. This would reveal situations where the executive branch
is withholding funds without telling Congress--as was recently
uncovered with Ukrainian foreign aid, and which the Government
Accountability Office discovered in 2017 at the Energy
Department's Advanced Research Projects Agency.
I hope that Congress will act decisively to enact these
reforms to the Impoundment Control Act, and look forward to
working with colleagues on both sides of the aisle to consider
how to best reform the budget process.
Chris Van Hollen.
REPORT BY THE CENTER ON BUDGET AND POLICY PRIORITIES, SUBMITTED BY
SENATOR RON WYDEN
Automatic Reconciliation an Undesirable Part of Enzi-Whitehouse Budget
Process Bill--Could Drive Harmful Budget Cuts, Unsound Economic Policy
[By Richard Kogan and Joel Friedman, dated November 4, 2019]
The Senate Budget Committee is scheduled to consider legislation
this week from Chairman Mike Enzi and Committee member Sheldon
Whitehouse that would alter the congressional budget process in highly
problematic ways. Although the bill includes positive elements (see
[enzi-whitehouse also has positive elements below]), it also includes a
significant land mine--a requirement that Congress craft and consider
deficit-reduction legislation under highly expedited ``reconciliation''
procedures if the Congressional Budget Office (CBO) finds that the debt
projection for the final year that the congressional budget resolution
covers (e.g., the 10th year of the 10-year budget resolution that
Congress adopted the previous year) is higher than that reflected in
the budget resolution. That finding is very likely, history shows, and
it could drive deep cuts in mandatory programs such as Medicare,
Medicaid, health insurance subsidies, SNAP, and Supplemental Security
Income (SSI)--and at a time when the economy is weak, thus making the
economy still weaker.
Enzi-Whitehouse (S. 2765) would shift the congressional budget
resolution from an annual document to one that covers two years. Under
the bill, Congress would approve a budget resolution in the first year
of a two-year session. Then, on February 15 of the second year, CBO
would calculate whether the debt ratio--the debt held by the public as
a share of the economy (gross domestic product, or GDP)--for the final
year of the budget resolution would exceed the debt ratio projected for
that year in the budget resolution that Congress adopted a year
earlier. Such a CBO calculation would trigger a new, automatic deficit-
reduction process. That new, automatic process would be even more
expedited than the current reconciliation process on which it's
modeled, though it also differs from that process in crucial ways and
has major flaws.
Tying reconciliation to debt estimates that can vary widely from
year to year is ill-advised fiscal policy for several reasons. It
likely would drive the public debate toward hitting an ever-moving
debt-ratio figure and away from using the budget to address key
national issues. Most worrisome, the new, automatic deficit-reduction
process would likely increase the chances that policymakers would make
budget cuts (thus, imposing austerity) at times when the economy is
weak or in recession, which would further weaken the economy. In
addition, the new process would confer sweeping new powers on the
Senate Budget Committee while weakening the Senate as a whole--and its
authorizing committees in particular--in developing important fiscal
policies.\1\
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\1\Although the bill proposes changes to the entire congressional
budget process, it addresses only Senate procedures. The Senate
sponsors of this legislation presumably expect that the House would add
parallel House procedures if it were to consider the bill.
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Enzi-Whitehouse also would retain the existing reconciliation
process, prompting the question of why a second one is needed.
enzi-whitehouse also has positive elements
Some elements of Enzi-Whitehouse could prove helpful, most notably
a provision that could reduce dangerous brinksmanship around raising
the statutory debt limit. The bill provides that, if Congress agrees to
a budget resolution, legislation raising the debt limit to the level in
that resolution would be deemed to have passed Congress and go directly
to the President, avoiding separate House and Senate votes solely on
the debt limit. Known as the ``Gephardt procedure'' (after the former
Democratic Majority Leader who spearheaded a similar rule in the
House), this provision would substantially reduce the risk of a harmful
federal default and of artificial crises in which a minority can
threaten to force a default to obtain concessions on other issues. An
even better approach would be to repeal the debt limit (see https://
www.cbpp.org/blog/the-debt-ceiling-scrap-it-or-adopt-the-danes-great-
approach) or, as a fallback, to suspend the debt limit for the duration
of the time that an approved budget resolution is in effect.
The bill also would move budget resolutions to a biennial schedule,
which could be a more realistic approach to designing budget plans,
while retaining the role of annual appropriations bills to fund the
government on an annual basis.
reconciliation should not be tied to uncertain budget projections
The process that would trigger a new, automatic reconciliation
process could force budget cuts that are disconnected from a solid
policy rationale. The projected final-year debt ratio might exceed the
level projected in the budget resolution:
Because, even though the debt ratio is falling, it's not
falling as fast as the budget resolution assumed; or
Because Congress rejected a deficit-reduction plan of
spending cuts and/or tax increases the previous year or the
President vetoed it; or
Because the Federal Reserve set interest rates somewhat
higher than the budget resolution had assumed, increasing
interest costs and thereby leading to higher deficits and debt;
or
Because of purely technical reasons related to underlying
demographic and other assumptions about current-law spending
and revenue levels, unrelated to any changes in policies that
affect projected deficits. Stated another way, even if Congress
made every change in spending and tax policy assumed in its
budget resolution, CBO might still subsequently project a
final-year debt-ratio level higher than the level that the
budget resolution projected for that year.\2\
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\2\Also see the Appendix.
What programs are at risk? Congress can use reconciliation to
change revenue and mandatory programs, except Social Security. The
largest mandatory programs, more or less in order, are Medicare,
Medicaid and the Children's Health Insurance Program (CHIP), refundable
tax credits (Earned Income Tax Credit, the Child Tax Credit, and the
Affordable Care Act's premium tax credits), civil service retirement,
veterans' compensation and pensions, SNAP, military retirement, SSI,
family support and foster care, farm supports and crop insurance, and
child nutrition.
(Note: Policymakers cannot change Social Security in a
reconciliation bill. The level of debt held by the public, however, is
driven by the entire budget, including Social Security, even though
Social Security is designated by law an ``off-budget federal agency.''
Therefore, debt ratio projections also will vary from earlier
expectations if Social Security cost or revenue projections change. As
a result, under auto-reconciliation, other mandatory programs may have
to be cut to make up for, say, a decrease in projected Social Security
revenues.)
Of major concern, the media and the public may interpret a CBO
finding that the projected debt ratio for the final year will be
exceeded as an official, non-partisan determination that Congress
didn't meet its budget commitments, and that policymakers now should
reduce the deficit by the excess amount that CBO calculates. The bill
gives the Senate Budget Committee authority to set a different amount
of deficit reduction (smaller or larger) than CBO projects. But the
media and public will logically presume that the CBO estimate would be
the most appropriate amount. Furthermore, they will presume that
policymakers need to reduce the deficit even if current economic
circumstances suggest the opposite, as discussed below.
Effect of the Automatic Process If Applied to Past Budgets
Were this process in place for the last four budget resolutions
that Congress adopted, for fiscal years 2010, 2016, 2017, and 2018,\3\
the last three would have generated a CBO calculation projecting a
tenth-year debt ratio above those in the budget resolutions, thereby
triggering the auto-reconciliation process in each case.\4\
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\3\Both the 2017 and the 2018 budget resolutions were created and
agreed to in calendar year 2017. One might say that Congress agreed to
two budget resolutions for fiscal year 2018. The first created a
reconciliation process intended to repeal the Affordable Care Act,
though that failed. The second created a reconciliation process to
enact the 2017 tax cuts. As a result, with respect to each of those two
budget resolutions, the CBO debt-ratio calculation would (under Enzi-
Whitehouse) have occurred in February 2018 and used the same CBO
baseline.
\4\The 2010 resolution, in contrast, would have generated a CBO
calculation projecting a lower fifth-year debt ratio than in that five-
year budget resolution, and so would not have triggered the auto-
reconciliation process.
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Under Enzi-Whitehouse, CBO is also required to estimate the size of
the policy savings--mandatory program cuts or revenue increases--needed
over the multi-year period of a budget resolution to hit its final-year
debt ratios.\5\ Those CBO reports would have shown the following
amounts of budget cuts for a ten-year auto-reconciliation bill: $3.0
trillion for the 2018 budget resolution; $1.0 trillion for the 2017
budget resolution; and $5.5 trillion for the 2016 budget resolution.
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\5\Existing law does not require the assumed level of GDP to be
shown in budget resolutions, and it has not been. Our calculations are
made under the understanding that the budget resolution in question had
relied on the GDP levels projected by CBO in applicable baselines.
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The 2018 budget resolution is particularly instructive. It paved
the way for the 2017 tax cut legislation, which increased the deficit
by an estimated $1.9 trillion over ten years.\6\ Under Enzi-Whitehouse,
CBO would have estimated two months after policymakers enacted the tax
cuts that the debt ratio in the resolution was being exceeded, and that
$3.0 trillion of deficit reduction would be required to meet that
ratio.\7\ That would have triggered the automatic process to reduce the
deficit. In designing a deficit-reduction package, the Republican
majority surely would have protected the new tax cuts, instead
designing a package solely of cuts to mandatory programs--an approach
that would have exacerbated the inequities in the new tax law, which
provided the overwhelming share of its tax cuts to the Nation's
wealthiest households and most profitable corporations.\8\
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\6\``2017 Tax Law Is Fundamentally Flawed,'' Center on Budget and
Policy Priorities, updated, October 31, 2018, https://www.cbpp.org/
research/federal-tax/2017-tax-law-is-fundamentally flawed.
\7\The figure of $3.0 trillion over ten years occurs because the
tax cut was supposed to cost $1.5 trillion over ten years, not $1.9
trillion, and the budget resolution assumed deep specified and
unspecified cuts to mandatory programs that were not enacted (nor did
the budget resolution use the standard reconciliation process to
attempt to enact them).
\8\The 2017 budget resolution is also instructive because that
resolution was publicly referred to as a ``shell,'' so its dollar
figures incorporated no assumed changes in policy, merely reflecting
levels virtually identical to those in CBO's baseline. (It was designed
purely as a vehicle to allow Congress to use the reconciliation
process--and thereby avoid the Senate filibuster--to try to repeal the
Affordable Care Act.) Yet even with no assumed deficit reduction, CBO's
2018 calculation would have shown that the debt ratio would have
exceeded the 10th-year level in the budget resolution for economic and
technical reasons, triggering a reconciliation process to achieve $1.0
trillion in deficit reduction.
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Moreover, even though CBO's projections are highly credible, they
are--like all budget projections--subject to substantial variation
that, under Enzi-Whitehouse, could trigger the automatic deficit-
reduction process. CBO recently assessed its past projections of
deficits and debt,\9\ measuring the accuracy of each of its five-year
debt projections since 1984, excluding the effects of legislation.
While that's not the same calculation that Enzi-Whitehouse would
require, it highlights the impact of shifting economic and technical
estimating assumptions. Although CBO found little or no bias in its
projections, some projections were far too high and some were far too
low. Its fifth-year debt projections missed the mark by an average of
7.1 percent of GDP. Five years from now, that would equal $1.8
trillion. And ten-year projections would have been off by substantially
larger amounts. Nevertheless, CBO found that, since 1984, its multi-
year economic forecasts have been as good as the forecasts of the
Office of Management and Budget or the Blue Chip consensus, showing
that all such forecasts are inherently uncertain.
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\9\Congressional Budget Office, An Evaluation of CBO's Past Deficit
and Debt Projections, https://www.cbo.gov/publication/55234, September
11, 2019.
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automatic austerity is unsound economic policy
Most worrisome, the final-year debt ratio in a budget resolution
might be exceeded mainly, if not exclusively, because the expected pace
of future economic growth slowed in the year after Congress adopted the
budget resolution. Periods of slower economic growth are exactly the
wrong time to enact new budget cuts because they would make a weak
economy still weaker and make recessions that are underway deeper.
Potentially, the Senate Budget Committee could address this
challenge in three ways, but none seems realistic:
First, the Committee could set the final-year debt ratio in
the budget resolution much higher than anticipated given its
policy, economic, and technical assumptions,\10\ thereby
reducing the risk that CBO will calculate in the following year
that the debt ratio would be breached. But setting higher
levels of debt in the budget resolution seems quite unlikely;
indeed, the far likelier scenario, given the history of recent
budget resolutions, is that Congress will be overly optimistic
in its ``out-year'' projections in order to make the debt
problem seem less serious than it is--thereby increasing the
chances that a large, economically ill-advised deficit-
reduction package would be triggered as the economy is slowing.
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\10\There is no requirement under existing budget law or in the
Enzi-Whitehouse proposal that the level of debt in a budget resolution
be consistent with the level of deficits in the resolution.
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Second, if the final-year debt ratio is on track to be
breached, the Committee could ignore the CBO estimate of the
amount of deficit reduction needed to hit the assumed debt-
ratio level and instead set a very low auto-reconciliation
deficit-reduction target, such as $1. But deficit ``hawks''
would almost certainly deride such an approach as irresponsible
gimmickry, even when it would be the most prudent economic
policy. The public debate would likely fixate on reports about
gimmickry, when instead it should focus on whether (or how
much) economic stimulus (tax cuts and/or spending increases)
policymakers should enact to strengthen a weakening economy, or
at least the degree to which austerity would harm a weakening
economy.
If the committee does decide to require deficit reduction in
the full amount that CBO estimates at a time when the economy
is weak, it might include year-by-year deficit reduction
targets rather than just a single total over the entire multi-
year period. And if so, it should call for all the deficit
reduction to occur at the tail end of the period, when the
economy might have fully recovered.
As a result, this aspect of Enzi-Whitehouse represents unsound
economic policy. Indeed, policymakers ought to amend the budget process
to increase Congress' tools to make appropriate fiscal policy when the
economy weakens, rather than establishing automatic processes that can
push Congress to make ill-advised policy--and Congress to have to
circumvent those processes to make sound fiscal policy when the economy
falters.
new process concentrates power and is less transparent
This new automatic deficit-reduction process would also give the
Senate Budget Committee sweeping new powers.\11\ When triggered, this
auto-reconciliation process would let the committee unilaterally decide
how much deficit reduction to mandate and which Senate committees would
be required to cut programs (or, in the case of the Finance Committee,
raise revenues). Further, if any Senate committee fell short of its
target, the Budget Committee would have the authority to increase that
committee's cuts or draft new ones to meet the target, and those
proposals would be included in the auto-reconciliation bill that goes
to the full Senate.
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\11\The Enzi-Whitehouse bill would make the chair and ranking
member of the Senate Appropriations Committee and the Senate Finance
Committee ex officio, non-voting members of the Budget Committee.
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The auto-reconciliation process would continue to a final vote on
the reconciliation bill, giving the Senate as a whole no chance to
first vote on whether it wanted to proceed; no chance to amend the size
of the auto-reconciliation package; and no chance to amend the
distribution of cuts among the other Senate committees. And when the
auto-reconciliation bill reached the floor, reducing the budget cuts
would violate the new rules.
Thus, every aspect of the process--from the size of the cuts to
their allocation by committee to the drafting of the cuts themselves--
would be driven by Senate Budget Committee decisions rather than by the
whole Senate. In contrast, under current reconciliation procedures,
reconciliation directives are included in the budget resolution that
Congress must debate and approve before lawmakers take further action.
Further, with such unprecedented authority for the Senate Budget
Committee under the new reconciliation process, transparency around
budget decision-making will likely shrink. That's because the public
will receive less information due to the media's more limited coverage
of committee action than of Senate floor deliberations. Thus, the
public, which already struggles to understand the congressional budget
process, will likely receive less information about how Congress is
making key budget decisions.
conclusion
The question of what's sound budget policy should not be driven by
a presumption that austerity is always the right answer, nor by a
mechanical calculation that could trigger austerity at the wrong time
in an economic cycle. Finally, budget policymaking should be
transparent and inclusive and should not be driven by uncertain
projections of a moving target that may not indicate whether Congress
is actually adhering to the budget policies it has set for itself.
Appendix
In this analysis we discuss reasons why CBO might subsequently
project that the debt ratio for the final year covered by a budget
resolution that Congress approved the previous year might be higher
than the resolution had assumed, triggering the automatic
reconciliation process. There is an additional reason: in measuring the
debt ratio, the Enzi-Whitehouse proposal relies on the federal
government's standard measure of its debt, which doesn't fully account
for the government's financial position and could actually trigger the
automatic reconciliation process even when no deterioration in the
government's position has occurred, and in some cases, even if deficits
now are expected to be lower than the budget resolution assumed.
Here's why:
The proposed automatic reconciliation process focuses on the
estimates of ``debt held by the public''--the debt from government
borrowing in the credit markets--that are shown in the final year of a
budget resolution (e.g., the tenth year of a ten-year resolution). Debt
rises whenever the federal government runs a deficit, so a budget
resolution with a decade of deficits will increase the debt by the sum
of those ten deficits. But the federal government also has financial
assets, such as cash, gold, and direct loan assets, that somewhat
offset the debt.
Suppose, for example, that the Treasury Department borrows more
money solely to buildup its cash reserves that have fallen dangerously
low, threatening its ability to pay federal bills on time. In that
case:
the federal government's financial position would be
unchanged; the debt would be higher, but the increase in debt
would be offset dollar for dollar by an increase in cash; and
the additional borrowing would not show up on the federal
books either as an increase in spending or an increase in
deficits.
So sometimes an increase in debt doesn't reflect any deterioration
in the government's financial position. That is, the growth of debt
over some period of time is often not simply the sum of deficits over
that period. Debt can grow significantly more or less than the sum of
deficits. In 2015, in fact, the deficit was $442 billion but the debt
rose by only $337 billion. In 2016, by contrast, the deficit was $585
billion but the debt rose by $1.1 trillion.
As CBO has written, ``Other factors--collectively labeled `other
means of financing' and not directly included in the budget totals--
also affect the government's debt. Those factors include the cash-flows
associated with federal credit programs, such as student loans, as well
as changes in the government's cash balances.''
Now, let's look more closely at student loans, which highlight the
potentially large policy implications of the automatic reconciliation
process. Over the ten years from 2008 through 2017, federal deficits
totaled $8.4 trillion. Over the same period, however, debt held by the
public grew by $9.6 trillion. The overwhelming reason for the $1.2
trillion difference was the government's 2010 conversion of the federal
student loan program from loan guarantees to direct loans. Under the
loan guarantee program, the financing took place off the government's
books, with banks lending money to students, the students paying back
the banks over time, and the government responsible for defaults. Under
the direct loan program, the financing takes place on the government's
books: the Treasury borrows from the credit markets and lends the money
to students. The government's costs over time are essentially the same
either way, arising from defaults--but with direct loans, the
government's books show higher debt because the government borrowed
from the credit markets to finance direct loans, and the books also
show corresponding larger financial assets, which are the value of
those direct loans to the government.
The Enzi-Whitehouse automatic reconciliation trigger accounts for
only half of such transactions (the government's additional borrowing),
while missing the other half (the government's acquisition of direct
loan assets, when students repay the government). Such accounting would
have missed more than $1 trillion in student loan assets that the
government acquired.\12\ Indeed, when CBO estimated the budgetary
effects of the 2010 conversion from guaranteed to direct loans, it
concluded that the legislation would reduce spending and deficits in
every year even though it would increase debt held by the public.
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\12\The government values direct loan assets by accounting for not
just the principal amount of the direct loan, but also the extent to
which the interest rates it charges are above or below Treasury
interest rates, the extent to which the portfolio of loans is likely to
suffer from defaults (since some defaults are inevitable), and the
extent to which defaults can be partially offset by, for example,
garnishing later tax refunds.
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This aspect of Enzi-Whitehouse could prompt Congress to favor loan
guarantees over direct loans, even when the former produce modestly
higher deficits over time by requiring extra government payments to
banks to induce banks to participate in the program.
[Note: This report is available online at: https://www.cbpp.org/
research/federal-
budget/automatic-reconciliation-an-undesirable-part-of-enzi-whitehouse-
budget]
X. Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the changes in existing law made
by S. 2765, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 31--MONEY AND FINANCE
SUBTITLE II--THE BUDGET PROCESS
CHAPTER 11--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM INFORMATION
* * * * * * *
Sec. 1101. Definitions
In this chapter--
(1) ``agency'' includes the District of Columbia
government but does not include the legislative branch
or the Supreme Court.
(2) ``appropriations'' means appropriated amounts and
includes, in appropriate context--
(A) funds;
(B) authority to make obligations by contract
before appropriations; and
(C) other authority making amounts available
for obligation or expenditure.
(3) ``biennium'' has the meaning given that term in
paragraph (12) of section 3 of the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C. 622).
* * * * * * *
Sec. 1104. Budget and appropriations authority of the President
(a) The President shall prepare budgets of the United
States Government under section 1105 of this title and proposed
deficiency and supplemental appropriations under section 1107
of this title. To the extent practicable, the President shall
use uniform terms in stating the purposes and conditions of
appropriations.
(b) Except as provided in this chapter, the President shall
prescribe the contents and order of statements in the budget on
expenditures and estimated expenditures and statements on
proposed appropriations and information submitted with the
budget and proposed appropriations. The President shall include
with the budget and proposed appropriations information on
personnel and other objects of expenditure in the way that
information was included in the budget for fiscal year 1950.
However, the requirement that information be included in the
budget in that way may be waived or changed by joint action of
the Committees on Appropriations of both Houses of Congress.
This subsection does not limit the authority of a committee of
Congress to request information in a form it prescribes.
(c) When the President makes a basic change in the form of
the budget, the President shall submit with the budget
information showing where items in the budget for the prior
fiscal year are contained in the present budget. However, the
President may change the functional categories in the budget
only in consultation with [the Committees on Appropriations of
both Houses of Congress] the Committee on Appropriations and
the Committee on the Budget of the House of Representatives and
the Committee on Appropriations and the Committee on Fiscal
Control and the Budget of the Senate. Committees of the House
of Representatives and Senate shall receive prompt notification
of all such changes.
(d) The President shall develop programs and prescribe
regulations to improve the compilation, analysis, publication,
and dissemination of statistical information by executive
agencies. The President shall carry out this subsection through
the Administrator for the Office of Information and Regulatory
Affairs in the Office of Management and Budget.
(e) Under regulations prescribed by the President, each
agency shall provide information required by the President in
carrying out this chapter. The President has access to, and may
inspect, records of an agency to obtain information.
* * * * * * *
Sec. 1105. Budget contents and submission to the Congress
[(a) On or after the first Monday in January but not later
than the first Monday in February of each year, the President
shall submit a budget of the United States Government for the
following fiscal year. Each budget shall include a budget
message and summary and supporting information. The President
shall include in each budget the following:]
(a) On or before the first Monday in February of each odd-
numbered year (or, if applicable under section 300(b) of the
Congressional Budget Act of 1974 (2 U.S.C. 631 (b)), the first
Monday in April of an odd-numbered year), the President shall
transmit to the Congress, the budget for the biennium beginning
on October 1 of such calendar year. The budget of the United
States Government transmitted under this subsection shall
include a budget message and summary and supporting
information. The President shall include in each budget the
following:
(1) information on activities and functions of the
Government.
(2) when practicable, information on costs and
achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on
expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this
section, estimated expenditures and proposed
appropriations the President decides are necessary to
support the Government in [the fiscal year for which
the budget is submitted and the 4 fiscal years after
that year] each fiscal year in the biennium for which
the budget is submitted and in the succeeding 4 fiscal
years.
(6) estimated receipts of the Government in [the
fiscal year for which the budget is submitted and the 4
fiscal years after that year] each fiscal year in the
biennium for which the budget is submitted and in the
succeeding 4 years under--
(A) laws in effect when the budget is
submitted; and
(B) proposals in the budget to increase
revenues.
(7) appropriations, expenditures, and receipts of the
Government in the prior fiscal year.
(8) estimated expenditures and receipts, and
appropriations and proposed appropriations, of the
Government for the current fiscal year.
(9) balanced statements of the--
(A) condition of the Treasury at the end of
the prior fiscal year;
(B) estimated condition of the Treasury at
the end of the current fiscal year; and
(C) estimated condition of the Treasury at
the end of [the fiscal year] each fiscal year
in the biennium for which the budget is
submitted if financial proposals in the budget
are adopted.
(10) essential information about the debt of the
Government.
(11) other financial information the President
decides is desirable to explain in practicable detail
the financial condition of the Government.
(12) for each proposal in the budget for legislation
that would establish or expand a Government activity or
function, a table showing--
(A) the amount proposed in the budget for
appropriation and for expenditure because of
the proposal in [the fiscal year] each fiscal
year in the biennium for which the budget is
submitted; and
(B) the estimated appropriation required
because of the proposal for each of the 4
fiscal years after [that year] that biennium
that the proposal will be in effect.
(13) an allowance for additional estimated
expenditures and proposed appropriations for [the
fiscal year] each fiscal year in the biennium for which
the budget is submitted.
(14) an allowance for unanticipated uncontrollable
expenditures for [that year] each fiscal year in the
biennium for which the budget is submitted.
(15) a separate statement on each of the items
referred to in section 301(a)(1)-(5) of the
Congressional Budget Act of 1974 (2 U.S.C. 632(a)(1)-
(5)).
(16) the level of tax expenditures under existing law
in the tax expenditures budget (as defined in section
3(a)(3) of the Congressional Budget Act of 1974 (2
U.S.C. 622(a)(3)) for [the fiscal year] each fiscal
year in the biennium for which the budget is submitted,
considering projected economic factors and changes in
the existing levels based on proposals in the budget.
(17) information on estimates of appropriations for
[the fiscal year following the fiscal year] each fiscal
year in the biennium following the biennium for which
the budget is submitted for grants, contracts, and
other payments under each program for which there is an
authorization of appropriations for [that following
fiscal year] each such fiscal year when the
appropriations are authorized to be included in an
appropriation law for the [fiscal year before the
fiscal year] biennium before the biennium in which the
appropriation is to be available for obligation.
(18) a comparison of the total amount of budget
outlays for [the prior fiscal year] each of the 2 most
recently completed fiscal years, estimated in the
budget submitted [for that year] with respect to those
fiscal years, for each major program having relatively
uncontrollable outlays with the total amount of outlays
for that program [in that year] in those fiscal years.
(19) a comparison of the total amount of receipts for
[the prior fiscal year] each of the 2 most recently
completed fiscal years, estimated in the budget
submitted [for that year] with respect to those fiscal
years, with receipts received [in that year] in those
fiscal years, and for each major source of receipts, a
comparison of the amount of receipts estimated in that
budget with the amount of receipts from that source in
that year.
(20) an analysis and explanation of the differences
between each amount compared under clauses (18) and
(19) of this subsection.
(21) a horizontal budget showing--
(A) the programs for meteorology and of the
National Climate Program established under
section 5 of the National Climate Program Act
(15 U.S.C. 2904);
(B) specific aspects of the program of, and
appropriations for, each agency; and
(C) estimated goals and financial
requirements.
(22) a statement of budget authority, proposed budget
authority, budget outlays, and proposed budget outlays,
and descriptive information in terms of--
(A) a detailed structure of national needs
that refers to the missions and programs of
agencies (as defined in section 101 of this
title); and
(B) the missions and basic programs.
(23) separate appropriation accounts for
appropriations under the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651 et seq.) and the Federal
Mine Safety and Health Act of 1977 (30 U.S.C. 801 et
seq.).
(24) recommendations on the return of Government
capital to the Treasury by a mixed-ownership
corporation (as defined in section 9101(2) of this
title) that the President decides are desirable.
(25) a separate appropriation account for
appropriations for each Office of Inspector General of
an establishment defined under section 11(2) of the
Inspector General Act of 1978.
(26) a separate statement of the amount of
appropriations requested for the Office of National
Drug Control Policy and each program of the National
Drug Control Program.
(27) a separate statement of the amount of
appropriations requested for the Office of Federal
Financial Management.
(28) beginning with fiscal year 1999, a Federal
Government performance plan for the overall budget as
provided for under section 1115.
(29) information about the Violent Crime Reduction
Trust Fund, including a separate statement of amounts
in that Trust Fund.
(30) an analysis displaying, by agency, proposed
reductions in full-time equivalent positions compared
to the current year's level in order to comply with
section 5 of the Federal Workforce Restructuring Act of
1994.
(31) a separate statement of the amount of
appropriations requested for the Chief Financial
Officer in the Executive Office of the President.
(32) a statement of the levels of budget authority
and outlays for each program assumed to be extended in
the baseline as provided in section 257(b)(2)(A) and
for excise taxes assumed to be extended under section
257(b)(2)(C) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(33) a separate appropriation account for
appropriations for the Council of the Inspectors
General on Integrity and Efficiency, and, included in
that account, a separate statement of the aggregate
amount of appropriations requested for each academy
maintained by the Council of the Inspectors General on
Integrity and Efficiency.
(34) with respect to the amount of appropriations
requested for use by the Export-Import Bank of the
United States, a separate statement of the amount
requested for its program budget, the amount requested
for its administrative expenses, and of the amount
requested for its administrative expenses, the amount
requested for technology expenses.
(35)(A)(i) a detailed, separate analysis, by budget
function, by agency, and by initiative area (as
determined by the administration) for the prior fiscal
year, the current fiscal year, [the fiscal years for
which the budget is submitted] each fiscal year in the
biennium for which the budget is submitted, and the
ensuing fiscal year identifying the amounts of gross
and net appropriations or obligational authority and
outlays that contribute to cybersecurity, with separate
displays for mandatory and discretionary amounts,
including--
(I) summaries of the total amount of such
appropriations or new obligational authority
and outlays requested for cybersecurity;
(II) an estimate of the current service
levels of cybersecurity spending;
(III) the most recent risk assessment and
summary of cybersecurity needs in each
initiative area (as determined by the
administration); and
(IV) an estimate of user fees collected by
the Federal Government on behalf of
cybersecurity activities;
(ii) with respect to subclauses (I) through (IV) of
clause (i), amounts shall be provided by account for
each program, project and activity; and
(iii) an estimate of expenditures for cybersecurity
activities by State and local governments and the
private sector for the prior fiscal year and the
current fiscal year.
(B) Prior to implementing this paragraph, including
determining what Federal activities or accounts
constitute cybersecurity for purposes of budgetary
classification, the Office of Management and Budget
shall consult with [the Committees on Appropriations
and the Committees on the Budget of the House of
Representatives and the Senate, the Committee on
Homeland Security of the House of Representatives, and
the Committee on Homeland Security and Government
Affairs of the Senate.] the Committee on
Appropriations, the Committee on the Budget, and the
Committee on Homeland Security of the House of
Representatives and the Committee on Appropriations,
the Committee on Fiscal Control and the Budget, and the
Committee on Homeland Security and Governmental Affairs
of the Senate.
(36) as supplementary materials, a separate analysis
of the budgetary effects for all prior fiscal years,
the current fiscal year, [the fiscal year for which the
budget is submitted] each fiscal year in the biennium
for which the budget is submitted, and ensuing fiscal
years of the actions the Secretary of the Treasury has
taken or plans to take using any authority provided in
the Emergency Economic Stabilization Act of 2008,
including--
(A) an estimate of the current value of all
assets purchased, sold, and guaranteed under
the authority provided in the Emergency
Economic Stabilization Act of 2008 using
methodology required by the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.) and
section 123 of the Emergency Economic
Stabilization Act of 2008;
(B) an estimate of the deficit, the debt held
by the public, and the gross Federal debt using
methodology required by the Federal Credit
Reform Act of 1990 and section 123 of the
Emergency Economic Stabilization Act of 2008;
(C) an estimate of the current value of all
assets purchased, sold, and guaranteed under
the authority provided in the Emergency
Economic Stabilization Act of 2008 calculated
on a cash basis;
(D) a revised estimate of the deficit, the
debt held by the public, and the gross Federal
debt, substituting the cash-based estimates in
subparagraph (C) for the estimates calculated
under subparagraph (A) pursuant to the Federal
Credit Reform Act of 1990 and section 123 of
the Emergency Economic Stabilization Act of
2008; and
(E) the portion of the deficit which can be
attributed to any action taken by the Secretary
using authority provided by the Emergency
Economic Stabilization Act of 2008 and the
extent to which the change in the deficit since
the most recent estimate is due to a reestimate
using the methodology required by the Federal
Credit Reform Act of 1990 and section 123 of
the Emergency Economic Stabilization Act of
2008.
(37) information on estimates of appropriations for
the fiscal year following [the fiscal year for which
the budget is submitted] each fiscal year in the
biennium for which the budget is submitted for the
following accounts of the Department of Veterans
Affairs:
(A) Veterans Benefits Administration,
Compensation and Pensions.
(B) Veterans Benefits Administration,
Readjustment Benefits.
(C) Veterans Benefits Administration,
Veterans Insurance and Indemnities.
(D) Veterans Health Administration, Medical
Services.
(E) Veterans Health Administration, Medical
Support and Compliance.
(F) Veterans Health Administration, Medical
Facilities.
(G) Veterans Health Administration, Medical
Community Care.
(38) a separate statement for the Crow Settlement
Fund established under section 411 of the Crow Tribe
Water Rights Settlement Act of 2010, which shall
include the estimated amount of deposits into the Fund,
obligations, and outlays from the Fund.
(39) the list of plans and reports, as provided for
under section 1125, that agencies identified for
elimination or consolidation because the plans and
reports are determined outdated or duplicative of other
required plans and reports.
(40) a separate volume for proposals relating to each
portfolio for the relevant fiscal year described in
paragraph (7)(B) of section 202(e) of the Congressional
Budget Act of 1974 (2 U.S.C. 602(e)), which shall
include justifications for any change to a Government
activity or function.
(b) Estimated expenditures and proposed appropriations for
the legislative branch and the judicial branch to be included
in each budget under subsection (a)(5) of this section shall be
submitted to the President before October 16 of each year and
included in the budget by the President without change.
(c) The President shall recommend in the budget appropriate
action to meet an estimated deficiency when the estimated
receipts for [the fiscal year for] each fiscal year in the
biennium for which the budget is submitted (under laws in
effect when the budget is submitted) and the estimated amounts
in the Treasury at the end of the current fiscal year available
for expenditure in [the fiscal year for] each fiscal year of
the biennium, as the case may be, for which the budget is
submitted, are less than the estimated expenditures [for that
year] for each fiscal year of the biennium. The President shall
make recommendations required by the public interest when the
estimated receipts and estimated amounts in the Treasury are
more than the estimated expenditures.
(d) When the President submits a budget or supporting
information about a budget, the President shall include a
statement on all changes about the current fiscal year that
were made before the budget or information was submitted.
(e)(1) The President shall submit with materials related to
each budget transmitted under subsection (a) on or after
January 1, 1985, an analysis for the [ensuing fiscal year]
biennium to which such budget relates that shall identify
requested appropriations or new obligational authority and
outlays for each major program that may be classified as a
public civilian capital investment program and for each major
program that may be classified as a military capital investment
program, and shall contain summaries of the total amount of
such appropriations or new obligational authority and outlays
for public civilian capital investment programs and summaries
of the total amount of such appropriations or new obligational
authority and outlays for military capital investment programs.
In addition, the analysis under this paragraph shall contain--
* * *
* * * * * * *
Sec. 1106. Supplemental budget estimates and changes
(a) Before July 16 of each year, the President shall submit
to Congress a supplemental summary of the budget for the
[fiscal year] biennium for which the budget is submitted under
section 1105(a) of this title. The summary shall include--
(1) for [that fiscal year] each fiscal year in such
biennium--
(A) substantial changes in or reappraisals of
estimates of expenditures and receipts;
(B) substantial obligations imposed on the
budget after its submission;
(C) current information on matters referred
to in section 1105(a)(8) and (9)(B) and (C) of
this title; and
(D) additional information the President
decides is advisable to provide Congress with
complete and current information about the
budget and current estimates of the functions,
obligations, requirements, and financial
condition of the United States Government;
(2) for the 4 fiscal years following the [fiscal
year] biennium for which the budget is submitted,
information on estimated expenditures for programs
authorized to continue in future years, or that are
considered mandatory, under law; and
(3) for future fiscal years, information on estimated
expenditures of balances carried over from the [fiscal
year] biennium for which the budget is submitted.
(b) Before July 16 of each year, the President shall submit
to Congress a statement of changes in budget authority
requested, estimated budget outlays, and estimated receipts for
[the fiscal year] each fiscal year in the biennium for which
the budget is submitted (including prior changes proposed for
the executive branch of the Government) that the President
decides are necessary and appropriate based on current
information. The statement shall include the effect of those
changes on the information submitted under section 1105(a)(1)-
(14) and (b) of this title and shall include supporting
information as practicable. The statement submitted before July
16 may be included in the information submitted under
subsection (a)(1) of this section.
(c) Subsection (f) of section 1105 shall apply to revisions
and supplemental summaries submitted under this section to the
same extent that such subsection applies to the budget
submitted under section 1105(a) to which such revisions and
summaries relate.
(d)(1) On or before December 1 of each calendar year, the
President shall submit to Congress an administrative budget for
the fiscal year beginning in the ensuing calendar year, which
shall include--
(A) up-to-date estimates for current year and prior
year data; and
(B) credit reestimates for the current year (as
included in the Federal credit supplement of such
budget).
(2) Upon request of the Director of the Congressional
Budget Office, agencies and other entities included within the
budget shall immediately provide to the Congressional Budget
Office all related backup tables and other supporting
information, including underlying data, assumptions, and
related information used in connection with creating the budget
and estimates.
* * * * * * *
Sec. 1109. Current programs and activities estimates
(a) [On or before the first Monday after January 3 of each
year (on or before February 5 in 1986)] At the same time as the
budget required by section 1105 is submitted for a biennium,
the President shall submit to both Houses of Congress the
estimated budget outlays and proposed budget authority that
would be included in the budget for [the following fiscal year]
each fiscal year of such period if programs and activities of
the United States Government were carried on during that year
at the same level as the current fiscal year without a change
in policy. The President shall state the estimated budget
outlays and proposed budget authority by function and
subfunction under the classifications in the budget summary
table under the heading ``Budget Authority and Outlays by
Function and Agency'', by major programs in each function, and
by agency. The President also shall include a statement of the
economic and program assumptions on which those budget outlays
and budget authority are based, including inflation, real
economic growth, and unemployment rates, program caseloads, and
pay increases.
(b) The Joint Economic Committee shall review the estimated
budget outlays and proposed budget authority and submit an
economic evaluation of the budget outlays and budget authority
to [the Committees on the Budget of both Houses] the Committee
on the Budget of the House of Representatives and the Committee
on Fiscal Control and the Budget of the Senate before March 1
of each year.
Sec. 1110. Year-ahead requests for authorizing legislation
A request to enact legislation authorizing new budget
authority to continue a program or activity for a fiscal year
shall be submitted to Congress before [May 16] March 31 of the
[year before the year in which the fiscal year begins] calendar
year preceding the calendar year in which the biennium begins.
If a new program or activity will continue for more than one
year, the request must be submitted for at least the first and
2d fiscal years.
* * * * * * *
Sec. 1112. Fiscal, budget, and program information
(a) In this section, ``agency'' means a department, agency,
or instrumentality of the United States Government except a
mixed-ownership Government corporation.
(b) In cooperation with the Comptroller General, the
Secretary of the Treasury and the Director of the Office of
Management and Budget shall establish and maintain standard
data processing and information systems for fiscal, budget, and
program information for use by agencies to meet the needs of
the Government, and to the extent practicable, of State and
local governments.
(c) The Comptroller General--
(1) in cooperation with the Secretary, the Director
of the Office of Management and Budget, and the
Director of the Congressional Budget Office, shall
establish, maintain, and publish standard terms and
classifications for fiscal, budget, and program
information of the Government, including information on
fiscal policy, receipts, expenditures, programs,
projects, activities, and functions;
(2) when advisable, shall report to Congress on those
terms and classifications, and recommend legislation
necessary to promote the establishment, maintenance,
and use of standard terms and classifications by the
executive branch of the Government; and
(3) in carrying out this subsection, shall give
particular consideration to the needs of the Committees
on Appropriations [and on the Budget of both Houses of
Congress] of both Houses of Congress, the Committee on
the Budget of the House of Representatives, the
Committee on Fiscal Control and the Budget of the
Senate, the Committee on Ways and Means of the House,
the Committee on Finance of the Senate, and the
Congressional Budget Office.
* * * * * * *
Sec. 1120. Federal Government and agency priority goals
(a) Federal Government Priority Goals.--
(1) The Director of the Office of Management and
Budget shall coordinate with agencies to develop
priority goals to improve the performance and
management of the Federal Government. Such Federal
Government priority goals shall include--
(A) outcome-oriented goals covering a limited
number of crosscutting policy areas; and
(B) goals for management improvements needed
across the Federal Government, including--
(i) financial management;
(ii) human capital management;
(iii) information technology
management;
(iv) procurement and acquisition
management; and
(v) real property management;
(2) The Federal Government priority goals shall be
long-term in nature. At a minimum, the Federal
Government priority goals shall be updated or revised
every 4 years and made publicly available concurrently
with the submission of the budget of the United States
Government made in the first full fiscal year following
any year in which the term of the President commences
under section 101 of title 3. As needed, the Director
of the Office of Management and Budget may make
adjustments to the Federal Government priority goals to
reflect significant changes in the environment in which
the Federal Government is operating, with appropriate
notification of Congress.
(3) When developing or making adjustments to Federal
Government priority goals, the Director of the Office
of Management and Budget shall consult periodically
with the Congress, including obtaining majority and
minority views from--
(A) the Committees on Appropriations of the
Senate and the House of Representatives;
(B) [the Committees on the Budget of the
Senate and the House of Representatives] the
Committee on the Budget of the House of
Representatives and the Committee on Fiscal
Control and the Budget of the Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Oversight and Government
Reform of the House of Representatives;
(E) the Committee on Finance of the Senate;
(F) the Committee on Ways and Means of the
House of Representatives; and
(G) any other committees as determined
appropriate;
(4) The Director of the Office of Management and
Budget shall consult with the appropriate committees of
Congress at least once every 2 years.
(5) The Director of the Office of Management and
Budget shall make information about the Federal
Government priority goals available on the website
described under section 1122 of this title.
(6) The Federal Government performance plan required
under section 1115(a) of this title shall be consistent
with the Federal Government priority goals.
* * * * * * *
SUBTITLE III--FINANCIAL MANAGEMENT
CHAPTER 35--ACCOUNTING AND COLLECTION
SUBCHAPTER III--AUDITING AND SETTLING ACCOUNTS
* * * * * * *
Sec. 3524. Auditing expenditures approved without vouchers
(a)(1) The Comptroller General may audit expenditures,
accounted for only on the approval, authorization, or
certificate of the President or an official of an executive
agency, to decide if the expenditure was authorized by law and
made. Records and related information shall be made available
to the Comptroller General in conducting the audit.
(2) The Comptroller General may release the results of the
audit or disclose related information only to the President or
head of the agency, or, if there is an unresolved discrepancy,
to the Committee on Governmental Affairs of the Senate, the
Committee on Government Operations of the House of
Representatives, and the committees of Congress having
legislative or appropriation oversight of the expenditure.
(b) Before December 1 of each year, the Director of the
Office of Management and Budget shall submit a report listing
each account that may be subject to this section to [the
Committees on the Budget and Appropriations of both Houses of
Congress, the Committee on Governmental Affairs, and to the
Committee on Government Operations, and to] the Committee on
Appropriations, the Committee on the Budget, and the Committee
on Oversight and Government Reform of the House of
Representatives, the Committee on Appropriations, the Committee
on Fiscal Control and the Budget, and the Committee on Homeland
Security and Governmental Affairs of the Senate, and the
Comptroller General.
* * * * * * *
SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION
CHAPTER 62--CONSOLIDATED FEDERAL FUNDS REPORT
* * * * * * *
Sec. 6203. Printing and distribution of reports and machine-readable
records
(a)(1) The Director shall--
(A) prepare--
(i) printed copies of each of the reports
required by this chapter; and
(ii) machine-readable records of such
reports; and
(B) make the printed copies of the reports and the
machine-readable records available to the public for
purchase at a price fixed under subsection (b).
(2) The Director shall transmit free of charge one of each
of the printed copies of the reports required by this chapter
to--
(A) each Federal regional depository library;
(B) the Committees on Government Operations, the
Budget, and Appropriations of the House of
Representatives; and
(C) [the Committees on Governmental Affairs, the
Budget, and Appropriations] the Committee on
Appropriations, the Committee on Fiscal Control and the
Budget, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
* * * * * * *
TITLE 38--VETERANS' BENEFITS
PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER 81--ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY
FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL
PROPERTY
SUBCHAPTER V--ENHANCED-USE LEASES OF REAL PROPERTY
* * * * * * *
Sec. 8163. Hearing and notice requirements regarding proposed leases
(a) If the Secretary proposes to enter into an enhanced-use
lease with respect to certain property, the Secretary shall
conduct a public hearing before entering into the lease. The
hearing shall be conducted in the community in which the
property is located. At the hearing, the Secretary shall
receive the views of veterans service organizations and other
interested parties regarding the proposed lease of the property
and the possible effects of the uses to be made of the property
under a lease of the general character then contemplated. The
possible effects to be addressed at the hearing shall include
effects on--
(1) local commerce and other aspects of the local
community;
(2) programs administered by the Department; and
(3) services to veterans in the community.
(b) Before conducting such a hearing, the Secretary shall
provide reasonable notice to the congressional veterans'
affairs committees and to the public of the proposed lease and
of the hearing. The notice shall include the following:
(1) The time and place of the hearing.
(2) Identification of the property proposed to be
leased.
(3) A description of the proposed uses of the
property under the lease.
(4) A description of how the uses to be made of the
property under a lease of the general character then
contemplated--
(A) would--
(i) contribute in a cost-effective
manner to the mission of the
Department;
(ii) not be inconsistent with the
mission of the Department;
(iii) not adversely affect the
mission of the Department; and
(iv) affect services to veterans; or
(B) would result in a demonstrable
improvement of services to eligible veterans in
the geographic service-delivery area within
which the property is located.
(5) A description of how those uses would affect
services to veterans.
(c)(1) If after a hearing under subsection (a) the
Secretary intends to enter into an enhanced-use lease of the
property involved, the Secretary shall notify the congressional
veterans' affairs committees, the Committees on Appropriations
of the House of Representatives and the Senate, [and the
Committees on the Budget of the House of Representatives and
the Senate] the Committee on the Budget of the House of
Representatives, and the Committee on Fiscal Control and the
Budget of the Senate of the Secretary's intention to enter into
such lease, shall publish a notice of such intention in the
Federal Register, and shall submit to the congressional
veterans' affairs committees a copy of the proposed lease. With
respect to a major enhanced-use lease, upon the request of the
congressional veterans' affairs committees, not later than 30
days after the date of such notice, the Secretary shall testify
before the committees on the major enhanced-use lease,
including with respect to the status of the lease, the cost,
and the plans to carry out the activities under the lease. The
Secretary may not delegate such testifying below the level of
the head of the Office of Asset Enterprise Management of the
Department or any successor to such office.
* * * * * * *
Sec. 8168. Annual reports
(a) Report on Administration of Leases.--(1) Not later than
120 days after the date of the enactment of the Honoring
America's Veterans and Caring for Camp Lejeune Families Act of
2012 and not less frequently than once each year thereafter,
the Secretary shall submit to the congressional veterans'
affairs committees, the Committees on Appropriations of the
House of Representatives and the Senate, [and the Committees on
the Budget of the House of Representatives and the Senate] the
Committee on the Budget of the House of Representatives, and
the Committee on Fiscal Control and the Budget of the Senate a
report on enhanced-use leases.
(2) Each report under paragraph (1) shall include the
following:
(A) Identification of the actions taken by the
Secretary to implement and administer enhanced-use
leases.
(B) For the most recent fiscal year covered by the
report, the amounts deposited into the Medical Care
Collection Fund account that were derived from
enhanced-use leases.
(C) Identification of the actions taken by the
Secretary using the amounts described in subparagraph
(B).
(D) Documents of the Department supporting the
contents of the report described in subparagraphs (A)
through (C).
(b) Report on Lease Consideration.--(1) Each year, as part
of the annual budget submission of the President to the
congressional veterans' affairs committees, the Committees on
Appropriations of the House of Representatives and the Senate,
[and the Committees on the Budget of the House of
Representatives and the Senate] the Committee on the Budget of
the House of Representatives, and the Committee on Fiscal
Control and the Budget of the Senate under section 1105(a) of
title 31, the Secretary shall submit to the congressional
veterans' affairs committees, the Committees on Appropriations
of the House of Representatives and the Senate [and the
Committees on the Budget of the House of Representatives and
the Senate] the Committee on the Budget of the House of
Representatives, and the Committee on Fiscal Control and the
Budget of the Senate a detailed report of the consideration
received by the Secretary for each enhanced-use lease under
this subchapter.
(2) Each report under paragraph (1) shall include the
following with respect to each enhanced-use lease covered by
the report:
(A) An overview of how the Secretary is using
consideration received by the Secretary under the lease
to support veterans.
(B) The amount of consideration received by the
Secretary under the lease.
(C) The amount of any revenues collected by the
Secretary relating to the lease not covered by
subparagraph (B), including a description of any in-
kind assistance or services provided by the lessee to
the Secretary or to veterans under an agreement entered
into by the Secretary pursuant to any provision of law.
(D) The costs to the Secretary of carrying out the
lease.
(E) Documents of the Department supporting the
contents of the report described in subparagraphs (A)
through (D).
* * * * * * *
BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985
[Pub. L. 99-177, as amended; 2 U.S.C. 900 et seq.]
SEC. 250. TABLE OF CONTENTS; BUDGET ENFORCEMENT STATEMENT; DEFINITIONS.
(a) * * *
(c) Definitions.-- * * *
(4)(A) * * *
(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] the Committee
on Appropriations and the Committee on the Budget of
the House of Representatives and the Committee on
Appropriations and the Committee on Fiscal Control and
the Budget of 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) * * *
(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]
the Committee on the Budget of the House of
Representatives and the Committee on Fiscal
Control and the Budget of 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 both the CBO and OMB
estimates of the amount of discretionary new
budget authority 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 [the
Committees on the Budget of the House of
Representatives and the Senate] the Committee
on the Budget of the House of Representatives
and the Committee on Fiscal Control and the
Budget of 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] the Committee on the Budget of the
House of Representatives and the Committee on
Fiscal Control and the Budget of 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] the Committee on
Appropriations and the Committee on the Budget of the
House of Representatives and the Committee on
Appropriations and the Committee on Fiscal Control and
the Budget of 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--
* * * * * * *
(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 over the
previous 10 years (excluding
the highest and lowest years)
of the sum of the funding
provided for disaster relief
(as that term is defined on the
date immediately before the
date of enactment of the
Wildfire Suppression Funding
and Forest Management
Activities Act);
(II) notwithstanding clause
(iv), starting in fiscal year
2018, five percent of the total
appropriations provided after
fiscal year 2011 or in the
previous 10 years, whichever is
less, net of any rescissions of
budget authority enacted in the
same period, with respect to
amounts provided for major
disasters declared pursuant to
the Robert T. Stafford Disaster
Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)
and designated by the Congress
and the President as an
emergency pursuant to
subparagraph (A)(i) of this
paragraph; and
(III) the cumulative net
total of the unused carryover
for fiscal year 2018 and all
subsequent fiscal years, where
the unused carryover for each
fiscal year is calculated as
the sum of the amounts in
subclauses (I) and (II) less
the enacted appropriations for
that fiscal year that have been
designated as being for
disaster relief.
(ii) OMB shall report to [the
Committees on Appropriations and Budget
in each House] the Committee on
Appropriations and the Committee on the
Budget of the House of Representatives
and the Committee on Appropriations and
the Committee on Fiscal Control and the
Budget of the Senate the average
calculated pursuant to clause (i)(II),
not later than 30 days after the date
of enactment of the Wildfire
Suppression Funding and Forest
Management Activities Act.
* * * * * * *
SEC. 252. ENFORCING PAY-AS-YOU-GO.
(a) * * *
(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] the Committee on the
Budget of the House of Representatives and the
Committee on Fiscal Control and the Budget of 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]
the Committee on the Budget of the House of
Representatives and the Committee on Fiscal Control and
the Budget of the Senate, shall--
(A) determine common scorekeeping guidelines;
and
(B) in conformance with such guidelines,
prepare estimates under this section.
* * * * * * *
SEC. 254. REPORTS AND ORDERS.
(a) * * *
(h) GAO Compliance Report.--Upon request of the Committee
on the Budget of the House of Representatives [or the Senate]
or the Committee on Fiscal Control and the Budget of 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.
* * * * * * *
SEC. 257. 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] the Committee on the Budget of
the House of Representatives, the Committee on Fiscal
Control and the Budget of the Senate or OMB, as
applicable. OMB, CBO, [and the Budget Committees] the
Committee on the Budget of the House of
Representatives, and the Committee on Fiscal Control
and the Budget of the Senate 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):] Exclusion of Exempted Spending.--
For the budget year and each outyear, the baseline shall be
calculated by assuming that appropriations receiving
designations under section 251(b)(2)(A) or designations created
through a concurrent resolution on the budget that exempts
designated spending from enforcement under section 302 or
section 311 of the Congressional Budget Act of 1974 (2 U.S.C.
633, 642) shall not continue.
(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. 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.
* * *
(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] the
Committee on Fiscal Control and 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.
* * * * * * *
SEC. 258B. FLEXIBILITY AMONG DEFENSE PROGRAMS, PROJECTS, AND
ACTIVITIES.
(a) * * *
(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] the Committee on Fiscal
Control and the Budget of the Senate.
* * * * * * *
SEC. 258C. SPECIAL RECONCILIATION PROCESS.
(a) Reporting of Resolutions and Reconciliation Bills and
Resolutions, in the Senate.--
(1) Committee alternatives to presidential order.--
After the submission of an OMB sequestration update
report under section 254 that envisions a sequestration
under section 252 or 253, each standing committee of
the Senate may, not later than October 10, submit to
[the Committee on the Budget] the Committee on Fiscal
Control and 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 [the Committee on the
Budget] the Committee on Fiscal Control and 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] the
Committee on Fiscal Control and the Budget of the
Senate 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] Action by the committee
on fiscal control and the budget.--Upon receipt of the
recommendations received in response to a resolution
referred to in paragraph (2), [the Budget Committee]
the Committee on Fiscal Control and the Budget of the
Senate 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] the Committee on Fiscal Control and
the Budget of the Senate 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.
* * * * * * *
CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974
[Pub. L. 93-344, as amended through Pub. L. 115-123; 2 U.S.C. 621 et
seq.]
Section 1. (a) Short Title.--* * *
(b) Table of Contents.--
* * * * * * *
[Sec. 301. Annual adoption of concurrent resolution on the budget.]
Sec. 301. Biennial adoption of concurrent resolution on the budget.
* * * * * * *
[Sec. 306. Legislation dealing with congressional budget must be handled
by budget committees.]
Sec. 306. Legislation dealing with congressional budget must be handled
by the Committee on the Budget of the House of Representatives
and the Committee on Fiscal Control and the Budget of the
Senate.
[Sec. 307. House committee action on all appropriation bills to be
completed by June 10.]
Sec. 307. Deadline for House committee action on all appropriation
bills.
* * * * * * *
Sec. 316. Automatic adjustment of debt limit and statutory caps.
Sec. 317. Special reconciliation instructions.
* * * * * * *
Part C--Additional Limitations on Budgetary and Appropriations
Legislation
Sec. 441. Point of order against changes in the mandatory programs
affecting the Crime Victims Fund.
* * * * * * *
Sec. 2. The Congress declares that it is essential-- * * *
(2) to provide for the congressional determination
[each year] biennially of the appropriate level of
Federal revenues and expenditures;
* * * * * * *
Sec. 3. In General.--For purposes of this Act-- * * *
(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] biennium as
provided in section 301; and
(B) any other concurrent resolution revising
the congressional budget for the United States
Government for a [fiscal year] biennium as
described in section 304.
* * * * * * *
(12) The term ``biennium'' means the period of 2
consecutive fiscal years beginning on October 1 of any
odd-numbered year.
(13) The term ``bipartisan budget resolution'' means
a concurrent resolution on the budget for a biennium
that--
(A) meets the requirements under section 301;
and
(B) is ordered reported to the Senate by the
Committee on Fiscal Control and the Budget of
the Senate by an affirmative vote of not less
than half of the Senators that are members of
the majority party in the Senate and not less
than half of the Senators that are members of
the minority party in the Senate.
* * * * * * *
CONGRESSIONAL BUDGET ACT OF 1974
* * * * * * *
TITLE II--CONGRESSIONAL BUDGET OFFICE
[2 U.S.C. 601]
ESTABLISHMENT OF OFFICE
Sec. 201. (a) In General.-- * * *
(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] the Committee on the Budget of
the House of Representatives and the Committee on
Fiscal Control and the Budget of 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.
* * * * * * *
(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]
The Committee on the Budget of the House of Representatives and
the Committee on Fiscal Control and the Budget of the Senate
shall determine all estimates with respect to scoring points of
order.
DUTIES AND FUNCTIONS
Sec. 202. (a) Assistance to [Budget Committees] the
Committee on the Budget of the House of Representatives and the
Committee on Fiscal Control and the Budget of the Senate.--It
shall be the primary duty and function of the Office to provide
to [the Committees on the Budget of both Houses] the Committee
on the Budget of the House of Representatives and the Committee
on Fiscal Control and the Budget of the Senate 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.
* * * * * * *
(d) Assignment of Office Personnel to Committees and Joint
Committees.--At the request of [the Committee on the Budget of
either House] the Committee on the Budget of the House of
Representatives or the Committee on Fiscal Control and the
Budget of the Senate, 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] the Committee on the
Budget of the House of Representatives and the Committee on
Fiscal Control and the Budget of the Senate._
(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] the
Committee on the Budget of the House of Representatives
and the Committee on Fiscal Control and the Budget of
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] the Committee on the
Budget of the House of Representatives and the
Committee on Fiscal Control and the Budget of 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.]
(2) The Director shall from time to time, as may be
necessary or appropriate to provide the Committee on
the Budget of the House of Representatives and the
Committee on Fiscal Control and the Budget of the
Senate with information, data, and analyses for the
performance of their duties and functions, submit to
such committees further reports, including reports--
(A) revising the report required under
paragraph (1);
(B) analyzing the accuracy of the projections
of the Office of economic factors, total
outlays, revenues, surpluses or deficits, and
debt;
(C) analyzing the accuracy of estimates,
comparisons, or descriptions, or components
thereof, that the Office prepared for
legislation that has been enacted; and
(D) updating economic projections, including
projections of the ratio of the debt held by
the public to the gross domestic product of the
United States.
* * * * * * *
(4) On or before December 20 of each year, the
Director shall submit to the Committee on the Budget of
the House of Representatives and the Committee on
Fiscal Control and the Budget of the Senate a report
on--
(A) planned and recent transparency efforts,
including proposals on making supporting
documents covering methods and assumptions used
in analyses and cost estimates publicly
available; and
(B) the feasibility of placing interactive
models online and releasing source code for
computer programs used in its analysis.
(5) On or before January 15 of each year, the
Director shall submit to the Committee on the Budget of
the House of Representatives and the Committee on
Fiscal Control and the Budget of the Senate 1 or more
reports analyzing the accuracy of the projections of
the Office of total outlays and revenues for the
previous fiscal year.
(6)(A) The Director shall, to the extent practicable,
make public supplemental information for estimates
provided by the Office--
(i) in the case of major legislation
described in subparagraph (B)(i)(I), not later
than 1 year after the date of enactment of that
legislation; and
(ii) in the case of major legislation
described in subparagraph (B)(i)(II), at a date
prescribed by the chairman of the Committee on
Fiscal Control and the Budget of the Senate or
the Committee on the Budget of the House of
Representatives.
(B) In this paragraph:
(i) The term ``major legislation'' means a
bill, joint resolution, conference report,
amendment, amendment between the Houses, or
treaty considered in the Senate for which an
estimate was prepared pursuant to section
402(a)--
(I) that--
(aa) was enacted; and
(bb) causes a gross budgetary
effect (before incorporating
macroeconomic effects and not
including timing shifts) in a
fiscal year in the period of
years of the most recently
agreed to concurrent resolution
on the budget equal to or
greater than--
(AA) 0.25 percent of
the current projected
gross domestic product
of the United States
for that fiscal year;
or
(BB) for a treaty,
equal to or greater
than $15,000,000,000
for that fiscal year;
or
(II) designated as such by the
Chairman of the Committee on Fiscal
Control and the Budget of the Senate or
the Chairman of the Committee on the
Budget of the House of Representatives.
(ii) The term ``supplemental information''--
(I) means the principal information
used in estimating the costs and other
fiscal or economic effects of major
legislation; and
(II) includes key fiscal or policy
models, assumptions, data preparation
routines, and other similar
information.
(7)(A) After November 15 of each year, the Director
shall submit to the Committee on Fiscal Control and the
Budget of the Senate and the Committee on the Budget of
the House of Representatives a report that includes--
(i) a list of all accounts in each functional
category in the portfolio for the respective
fiscal year described in subparagraph (B), as
well as a list of tax expenditures relevant to
each category;
(ii) levels of budget authority for the
previous 5 fiscal years for each account in
each functional category, sorted by
discretionary and mandatory amounts;
(iii) a list of major trust funds in each
portfolio and an accounting of the most
recently available projection of spending and
nongovernmental receipts dedicated to each
trust fund;
(iv) the projected date of exhaustion under
current law for any entitlement authority
derived from a trust fund;
(v) options to reduce the deficit focused on
the major functional categories in the
portfolio, including options involving tax
expenditures and other revenue; and
(vi) an analysis of various alternative
scenarios affecting major accounts in each such
portfolio, including relevant tax expenditures,
and the potential budgetary and economic
ramifications.
(B) The portfolio described in this subparagraph
shall include the following major functional
categories:
(i) For fiscal year 2022, and every fifth
fiscal year thereafter--
(I) National Defense (050);
(II) International Affairs (150);
(III) Veterans Benefits and Services
(700); and
(IV) Administration of Justice (750).
(ii) For fiscal year 2023, and every fifth
fiscal year thereafter--
(I) Health (550); and
(II) Medicare (570).
(iii) For fiscal year 2024, and every fifth
fiscal year thereafter--
(I) General Science, Space, and
Technology (250);
(II) Transportation (400);
(III) Community and Regional
Development (450); and
(IV) Education, Training, Employment,
and Social Services (500).
(iv) For fiscal year 2025, and every fifth
fiscal year thereafter--
(I) Energy (270);
(II) Natural Resources and
Environment (300);
(III) Agriculture (350); and
(IV) General Government (800).
(v) For fiscal year 2026, and every fifth
fiscal year thereafter--
(I) Commerce and Housing Credit
(370);
(II) Income Security (600); and
(III) Social Security (650).
* * * * * * *
(h) Report on Debt-to-GDP Target.--
(1) In general--Not later than February 15 of each
even-numbered year, the Director shall make publicly
available a report estimating whether the target for
the ratio of the debt held by the public to the gross
domestic product of the United States by the end of the
last fiscal year covered by the most recently agreed to
concurrent resolution on the budget will be achieved.
(2) Discretionary Appropriations.--In producing each
estimate described in paragraph (1), the Director shall
assume discretionary appropriations are made available
in the amounts specified under the most recently agreed
to concurrent resolution on the budget.
(3) Deficit Reduction.--For each report made
available under paragraph (1), the Director--
(A) shall include an estimate of the level of
deficit reduction required to achieve the
target for the ratio of the debt held by the
public to the gross domestic product of the
United States by the end of the last fiscal
year covered by the most recently agreed to
concurrent resolution on the budget; and
(B) in estimating the level of deficit
reduction required, shall account for interest
effects by reducing the target by the
percentage equal to percent of deficit
reduction stemming from interest changes
assumed in the most recently agreed to
concurrent resolution on the budget.
* * * * * * *
TITLE III--CONGRESSIONAL BUDGET PROCESS
[2 U.S.C. 631]
Sec. 300. The timetable with respect to the congressional
budget process for any fiscal year is as follows:
[On or before: Action to be completed:
First Monday in February............... President submits his budget.
February 15............................ Congressional Budget Office submits report to Budget Committees.
Not later than 6 weeks after President Committees submit views and estimates to Budget Committees.
submits budget.
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.]
SEC. 300. TIMETABLE.
(a) In General.--Except as provided in subsection (b), the
timetable with respect to the congressional budget process for
any Congress is as follows:
First Session
On or before: Action to be completed:
First Monday in February................. President submits budget recommendations.
February 15.............................. Congressional Budget Office submits report to the Committee on the
Budget of the House of Representatives and the Committee on Fiscal
Control and the Budget of the Senate.
March 1.................................. Committees submit views and estimates to the Committee on the Budget
of the House of Representatives and the Committee on Fiscal Control
and the Budget of the Senate.
April 1.................................. Committee on Fiscal Control and the Budget of the Senate reports
concurrent resolution on the biennial budget.
May 15................................... Congress completes action on concurrent resolution on the biennial
budget.
May 15................................... Appropriation bills may be considered in the House of
Representatives.
June 10.................................. Committee on Appropriations of the House of Representatives reports
last appropriation bill.
June 30.................................. House of Representatives completes action on appropriation bills.
October 1................................ First fiscal year of biennium begins.
December 1............................... President submits an administrative budget.
Second Session
On or before: Action to be completed:
February 15.............................. Congressional Budget Office submits report to the Committee on the
Budget of the House of Representatives and the Committee on Fiscal
Control and the Budget of the Senate.
February 15.............................. Congressional Budget Office releases report on achieving debt-to-GDP
ratio.
March 15................................. President submits budget update for the second fiscal year of the
biennium.
April 15................................. Committee on Fiscal Control and the Budget of the Senate reports a
special reconciliation resolution.
May 15................................... Committees submit recommendations for special reconciliation bill.
May 15................................... Appropriation bills may be considered in the House of
Representatives.
June 10.................................. Committee on Appropriations of the House of Representatives reports
last appropriation bill.
June 30.................................. House of Representatives completes action on appropriation bills.
July 30.................................. Congress completes action on special reconciliation bill.
October 1................................ Second fiscal year of biennium begins
December 1............................... President submits an administrative budget.
(b) Special Rule for Certain First Sessions.--In the case
of any first session of Congress that begins in any year
immediately following a leap year and during which the term of
a President (except a President who succeeds himself or
herself) begins, the following dates shall supersede those set
forth in subsection (a):
First Session
On or before: Action to be completed:
First Monday in April.................... President submits budget recommendations.
April 15................................. Congressional Budget Office submits report to the Committee on the
Budget of the House of Representatives and the Committee on Fiscal
Control and the Budget of the Senate.
May 1.................................... Committees submit views and estimates to the Committee on the Budget
of the House of Representatives and the Committee on Fiscal Control
and the Budget of the Senate.
June 1................................... Committee on Fiscal Control and the Budget of the Senate reports
concurrent resolution on the biennial budget.
June 15.................................. Congress completes action on concurrent resolution on the biennial
budget.
June 15.................................. Appropriation bills may be considered in the House of
Representatives.
June 30.................................. Committee on Appropriations of the House of Representatives reports
last appropriation bill.
July 15.................................. House of Representatives completes action on appropriation bills.
October 1................................ First fiscal year of biennium begins.
December 1............................... President submits an administrative budget.
[ANNUAL] BIENNIAL 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--]
(a) Content of Concurrent Resolution on the Budget._On or
before May 15 of each odd-numbered year (or, if applicable
under section 300(b), June 15 of an odd-numbered year),
Congress shall complete action on a concurrent resolution on
the budget for the biennium beginning on October 1 of such
year. The concurrent resolution shall--
(1) for an concurrent resolution on the budget, set
forth appropriate levels for each fiscal year in such
biennium and for at least each fiscal year of each of
the ensuing 2 bienniums for the following--
([1]A) totals of new budget authority and
outlays;
([2]B) 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]C) the surplus or deficit in the budget;
([4]D) for direct spending (as defined in
section 250 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
900)), new budget authority and outlays for
each major functional category, based on
allocations of the total levels set forth
pursuant to [paragraph (1)] subparagraph A;
([5]E) [the public debt] the debt held by the
public and debt subject to limit under section
3101 of title 31, United States Code;
([6]F) 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] for each
fiscal year in the biennium of the resolution
and for each of the 4 succeeding fiscal years;
[and]
([7]G) 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] for each fiscal year in the biennium of
the resolution and for each of the 4 succeeding
fiscal years[.];
(H) the allocated amount of discretionary
appropriations; and
(I) the unallocated amount of discretionary
appropriations;
(2) for any concurrent resolution on the budget,
include, in accordance with section 316, a clear
statement of the appropriate level for the debt subject
to limit under section 3101 of title 31, United States
Code, as of the end of the second fiscal year of the
biennium of the concurrent resolution on the budget;
(3) for a bipartisan budget resolution, include--
(A) in accordance with section 316, a clear
statement of the appropriate level for the
discretionary spending limit for each fiscal
year of the biennium of the concurrent
resolution on the budget;
(B) the amount of health care spending by the
Government;
(C) the amount of tax expenditures;
(D) the amount of discretionary
appropriations (as defined in section 250 of
the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 900)); and
(E) the amount of revenues.
(4) for any concurrent resolution on the budget,
specify the amount of the gross domestic product of the
United States assumed for purposes of each fiscal year
covered by the concurrent resolution; and
(5) for any concurrent resolution on the budget,
specify a target for the ratio of the debt held by the
public to the gross domestic product of the United
States (rounded to the nearest one-tenth of 1 percent)
for each fiscal year covered by the concurrent
resolution.
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] for
either fiscal year in such biennium 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[.]; and
(10) include the amount of tax expenditures.
* * * * * * *
(d) Views and Estimates of Other Committees.--[Within 6
weeks after the President submits a budget under section
1105(a) of title 31, United States Code,] (1) In General._Not
later than March 1 of each odd-numbered year (or, if applicable
under section 300(b), May 1 of an odd-numbered year), or at
such time as may be requested by [the Committee on the Budget]
the Committee on the Budget of the House of Representatives,
with respect to a committee of the House of Representatives, or
the Committee on Fiscal Control and the Budget of the Senate,
with respect to a committee of the Senate , 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] the
Committee on Fiscal Control and 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] the Committee on the Budget of the House of
Representatives and the Committee on Fiscal Control and the
Budget of the Senate 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]
the Committee on the Budget of the House of Representatives or
the Committee on Fiscal Control and the Budget of the Senate,
respectively, and any joint committee of the Congress may
submit to [the Committees on the Budget of both Houses] the
Committee on the Budget of the House of Representatives and the
Committee on Fiscal Control and the Budget of the Senate, 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] the Committee on the Budget of the House
of Representatives or the Committee on Fiscal Control and the
Budget of the Senate, as applicable.
(2) Review of unauthorized appropriations.--Each committee of
the House of Representatives and the Senate shall include in
the views and estimates of the committee required under
paragraph (1) a description of the plans of the committee to
consider legislation relating to programs within the
jurisdiction of the committee that appeared in the most recent
report of the Congressional Budget Office on unauthorized
appropriations submitted to Congress under section 202(e)(3).
(3) Oversight of Government Performance.--
(A) Review.--Each committee of the House of
Representatives and the Senate shall--
(i) review programs and tax expenditures of
which the committee has jurisdiction to
identify waste, fraud, abuse, or duplication,
and increase the use of performance data to
inform committee work; and
(ii) review the matters for congressional
consideration identified in--
(I) the applicable semiannual reports
of the inspectors general for which the
committee has jurisdiction;
(II) the list of unimplemented
recommendations compiled by the
inspectors general for which the
committee has jurisdiction;
(III) the High Risk list published by
the Government Accountability Office;
and
(IV) the annual report to reduce
program duplication published by the
Government Accountability Office as
required under section 21 of the Joint
Resolution entitled ``Joint Resolution
increasing the statutory limit on the
public debt'', approved February 12,
2010 (31 U.S.C. 712 note).
(B) Inclusion in views and estimates.--Based on the
oversight efforts and performance reviews of programs
under subparagraph (A), each committee of the House of
Representatives and the Senate shall include plans for
improved governmental performance in the views and
estimates of the committee required under paragraph (1)
to the Committee on the Budget of the House of
Representatives or the Committee on Fiscal Control and
the Budget of the Senate, respectively.
(4) Revenue projection.--The Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives shall each include in the views and estimates
of the committee required under paragraph (1)--
(A) a report providing revenue projections for each
fiscal year in the next biennium and the 4 ensuing
bienniums, which shall include a description of how
such revenue projections would be impacted by any
extension of an expiring or terminating tax provision
anticipated by the committee or other policy
initiatives of the committee;
(B) a list of--
(i) any tax provisions that are scheduled to
expire or terminate during the period described
in subparagraph (A); and
(ii) any provisions described in clause (i)
that the committee anticipates will be
extended--
(I) to apply with respect to the next
biennium; or
(II) to apply with respect to the
period described in subparagraph (A);
and
(C) an estimate of--
(i) the cost to extend the tax provisions
listed in subparagraph (B)(i); and
(ii) the cost to extend the tax provisions
the committee anticipates will be extended, as
listed under subparagraph (B)(ii).
(e) Hearings and Report.--
(1) In developing the concurrent resolution on the
budget referred to in subsection (a) for each [fiscal
year] biennium, [the Committee on the Budget of each
House shall] the Committee on the Budget of the House
of Representatives and the Committee on Fiscal Control
and the Budget of the Senate shall each 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] the Committee on the Budget
of the House of Representatives and the Committee on
Fiscal Control and the Budget of the Senate as part of
[its] such committee's consideration of such concurrent
resolution, and [its] such committee's report may
reflect [its] such committee's views thereon, including
[its] such committee's 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] such committee is recommending.
On or before April 1 of each odd-numbered year (or, if
applicable under section 300(b), June 1 of an odd
numbered year), the Committee on the Budget of the
House of Representatives and the Committee on Fiscal
Control and the Budget of the Senate shall report to
its House the concurrent resolution on the budget
referred to in subsection (a) for the biennium
beginning on October 1 of that year.
(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]A) 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]B) 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]C) 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]D) 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] biennium 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] biennium 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] for a biennium, 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.
* * * * * * *
(h) Budget Committees Consultation With Committees.--The
Committee on the Budget of the House of Representatives shall
consult with the committees of [its House] the House of
Representatives 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.
* * * * * * *
COMMITTEE ALLOCATIONS
Sec. 302. (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--] of the levels for each
fiscal year in the next biennium, for the period of the
next biennium and the ensuing 2 bienniums, and for the
period covered by the resolution (except in the case of
the Committee on Appropriations only for each fiscal
year in the biennium) 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]
May 15 of an odd-numbered year (or, if applicable under
section 300(b), June 15 of an odd-numbered year), 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] biennium 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] for each fiscal year in the biennium, 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] for a
fiscal year during that biennium, until that committee makes
the suballocations required by subsection (b).
* * * * * * *
(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] for a
biennium, 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] each fiscal
year of the biennium 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] each fiscal year of the biennium or [the
total of fiscal years] the total of all fiscal
years covered by the resolution 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] May 15 of an odd-numbered year (or, if
applicable under section 300(b), June 15 of an odd-
numbered year), 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.
* * * * * * *
CONCURRENT RESOLUTION ON THE BUDGET MUST BE ADOPTED BEFORE BUDGET-
RELATED LEGISLATION IS CONSIDERED
Sec. 303. (a) In General.--Until the concurrent resolution
on the budget [for a fiscal year] for a biennium has been
agreed to, it shall not be in order in the House of
Representatives, with respect to [the first fiscal year] each
fiscal year in the biennium covered by that resolution, or the
Senate, with respect to any fiscal year covered by that
resolution, to consider any bill or joint resolution, amendment
or motion thereto, or conference report thereon that--
(1) 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] the biennium; 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 (or, if applicable under section
300(b), June 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] biennium has been agreed
to and an allocation has been made to the Committee on
Appropriations of the Senate under section 302(a) for
that year, it shall not be in order in the Senate to
consider any appropriation bill or joint resolution,
amendment or motion thereto, or conference report
thereon for that year or any subsequent year.
(2) Exception.--Paragraph (1) does not apply to
appropriations legislation making advance
appropriations for the first or second fiscal year
after the year the allocation referred to in that
paragraph is made.
PERMISSIBLE REVISIONS OF CONCURRENT RESOLUTIONS ON THE BUDGET
Sec. 304. At any time after the concurrent resolution on
the budget for a [fiscal year] biennium has been agreed to
pursuant to section 301, and before the end of such [fiscal
year] biennium, 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] for
such biennium most recently agreed to.
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) * * *
(3) Following the presentation of opening statements
on the concurrent resolution on the budget for a
[fiscal year] biennium 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.
* * * * * * *
(b) Procedure in Senate After Report of Committee; [Debate]
Consideration; Amendments.--
(1) [Debate in the Senate on] Consideration in the
Senate of 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] such consideration shall be limited to
not more than 15 hours. Up to 15 minutes of the time
elapsed during each vote by the Senate in relation to
an amendment to or motion on a concurrent resolution on
the budget shall be counted in determining the period
of consideration of the resolution by the Senate. 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] 1 hour, 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)(A) Following the presentation of opening
statements on the concurrent resolution on the budget
for a [fiscal year] biennium by the chairman and
ranking minority member of the [Committee on the
Budget] Committee on Fiscal Control and the Budget of
the Senate, there shall be a period of up to [four
hours] 2 hours for debate on economic goals and
policies.
(B)(i) Following the expiration of the period
described in subparagraph (A), consideration with
respect to amendments to the resolution shall be in
order. General debate in the Senate on a concurrent
resolution on the budget shall be limited to 20 hours,
which shall include the 2-hour period described in
subparagraph (A), with all remaining time for
consideration reserved for amendments.
(ii) Amendments shall be nondivisible.
(iii)(I) The opportunity to offer and have
immediately considered an amendment to a concurrent
resolution on the budget shall alternate between the
members of the majority and the members of the
minority.
(II) If the members of the majority or the members of
the minority elect not to offer an amendment when
presented an opportunity under this clause (including
under subclause (III) of this clause), the members of
the minority or the members of the majority,
respectively, shall have the opportunity to offer and
have immediately considered an amendment to a
concurrent resolution on the budget.
(III) After an amendment offered under subclause (II)
by the members of the majority or the members of the
minority is disposed of, the members of the minority or
the members of the majority, respectively, shall have
the opportunity to offer and have immediately
considered an amendment to a concurrent resolution on
the budget.
(4) Subject to the other limitations of this Act,
only if a concurrent resolution on the budget reported
by the [Committee on the Budget] Committee on Fiscal
Control and 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. A motion to table such a motion
to recommit shall be in order at any time.
(6) After the conclusion of the period for
consideration of a concurrent resolution on the budget,
the Senate shall proceed, without any further debate on
any question, to vote on the final disposition thereof
to the exclusion of all amendments not then actually
pending before the Senate at that time and to the
exclusion of all motions, except a motion to table or
to reconsider and 1 quorum call on demand to establish
the presence of a quorum (and motions required to
establish a quorum) immediately before the vote on
adoption of the concurrent resolution on the budget
begins.
([6]7) 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.
* * * * * * *
(e) Procedures in the Senate for Bipartisan Budget
Resolutions.--
(1) Other expedited process.--
(A) In general.--Subject to subparagraph (B),
in the Senate, upon the agreement of the
majority leader and the minority leader,
additional procedures to expedite consideration
of a bipartisan budget resolution shall apply
to consideration of the bipartisan budget
resolution. The majority leader shall submit a
written statement for the Congressional Record
reflecting any agreement described in this
paragraph.
(B) Inclusion and exclusion.--An agreement
described in this paragraph--
(i) may include limiting the number
of amendments upon which the Senate
shall vote; and
(ii) may not include the waiver of
any points of order.
(2) Adoption.--
(A) In general.--In the Senate, a bipartisan
budget resolution shall only be agreed to--
(i) if it complies with section
3(13)(A); and
(ii) upon the affirmative vote of not
less than--
(I) three-fifths of the
Members, duly chosen and sworn;
and
(II) 15 Members that are
members of the minority party
in the Senate.
(B) Not agreed to.--If a bipartisan budget
resolution is not agreed to in accordance with
subparagraph (A), the Senate shall be deemed to
have agreed to a motion to recommit the
bipartisan budget resolution to the Committee
on Fiscal Control and the Budget.
(3) Conference reports and amendments between the
houses.--
(A) In general.--In the Senate, a conference
report or an amendment between the Houses on a
bipartisan budget resolution shall only be
agreed to--
(i) if it complies with section
3(13)(A); and
(ii) upon the affirmative vote of not
less than--
(I) three-fifths of the
Members, duly chosen and sworn;
and
(II) 15 Members that are
members of the minority party
in the Senate.
(B) Not agreed to.--If a conference report or
an amendment between the Houses on a bipartisan
budget resolution is not agreed to in
accordance with subparagraph (A), a motion to
reconsider the conference report or amendment
between the Houses is in order in accordance
with rule XIII of the Standing Rules of the
Senate.
LEGISLATION DEALING WITH CONGRESSIONAL BUDGET MUST BE HANDLED BY
[BUDGET COMMITTEES] THE COMMITTEE ON THE BUDGET OF THE HOUSE OF
REPRESENTATIVES AND THE COMMITTEE ON FISCAL CONTROL AND THE BUDGET OF
THE SENATE
Sec. 306. [(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.]
(a) In the Senate.--
(1) Point of order.--In the Senate, it shall not be
in order to consider a provision in a bill, joint
resolution, motion, amendment, amendment between the
Houses, or conference report containing any matter
which is within the jurisdiction of the Committee on
Fiscal Control and the Budget of the Senate unless the
provision is in--
(A) a bill or joint resolution which has been
reported by the Committee on Fiscal Control and
the Budget of the Senate (or from the
consideration of which such committee has been
discharged); or
(B) an amendment to, amendment between the
Houses in relation to, conference report on, or
motion on a bill or joint resolution described
in subparagraph (A).
(2) Point of order sustained.--If a point of order is
made by a Senator against a provision described in
paragraph (1), and the point of order is sustained by
the Chair, that provision shall be stricken from the
measure and may not be offered as an amendment from the
floor.
(3) 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).
(4) Conference reports.--When the Senate is
considering a conference report on, or an amendment
between the Houses in relation to, a bill or joint
resolution, upon a point of order being made by any
Senator pursuant to paragraph (1), and such point of
order being sustained, such material contained in such
conference report or House amendment 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. In the
Senate, debate on any such motion, and any debatable
motions and appeals in connection therewith, shall be
limited to 1 hour. 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.
* * * * * * *
[HOUSE COMMITTEE ACTION ON ALL APPROPRIATION BILLS TO BE COMPLETED BY
JUNE 10] DEADLINE FOR HOUSE COMMITTEE ACTION ON ALL APPROPRIATION BILLS
Sec. 307. On or before June 10 of each year (or, if
applicable under section 300(b), June 30 of a 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. (a) Legislation Providing New Budget Authority or
Providing an Increase or Decrease in Revenues or Tax
Expenditures.-- * * *
(3) CBO paygo estimates.--
(A) The Chairs of [the Committees on the
Budget of the House and Senate] the Committee
on the Budget of the House of Representatives
and the Committee on Fiscal Control and the
Budget of the 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.]
(b) Up-to-Date Tabulations of Congressional Budget
Action.--
(1) CBO reports.--
(A) In general.--At the request of the
Chairman of the Committee on the Budget of the
House of Representatives or the Chairman of the
Committee on Fiscal Control and the Budget of
the Senate, the Director of the Congressional
Budget Office shall provide to each such
committee reports detailing and tabulating
congressional action on bills and joint
resolutions providing an increase or decrease
in budget authority, outlays, or revenues for
fiscal years covered by a concurrent resolution
on the budget.
(B) Contents.--Each report provided under
subparagraph (A) shall include, but is not
limited to--
(i) an up-to-date tabulation
comparing the appropriate aggregate
levels included in the most recently
adopted concurrent resolution on the
budget with the levels resulting from
current law, as modified by
subsequently enacted legislation; and
(ii) an up-to-date calculation, for
each committee of the House of
Representatives and the Senate (other
than the Committees on Appropriations),
of the amount by which the committee is
expected to exceed or not exceed, as
the case may be, the allocation level
described in section 302(a), as
provided for the committee by the most
recently adopted concurrent resolution
on the budget.
(2) Scorekeeping reports.--
(A) In general.--The Committee on the Budget
of the House of Representatives and the
Committee on Fiscal Control and the Budget of
the Senate shall each make available to Members
of its House summary budget scorekeeping
reports.
(B) Contents.--Each report made available
under subparagraph (A) shall--
(i) be made available not less
frequently than bimonthly to provide
Members of each House an accurate
representation of the current status of
congressional consideration of the
budget;
(ii) include, but is not limited to,
summaries of tabulations and
calculations provided under paragraph
(1);
(iii) be based on information
provided under paragraph (1) without
substantive revision; and
(iv) be published in the
Congressional Record and on a publicly
accessible website by the Chairman of
the Committee on the Budget of the
House of Representatives or the
Chairman of the Committee on Fiscal
Control and the Budget of the Senate,
as applicable, as soon as practicable.
(C) Submission to the Speaker.--The Chairman
of the Committee on the Budget of the House of
Representatives shall submit each report made
available under subparagraph (A) to the
Speaker.
* * * * * * *
RECONCILIATION
Sec. 310. (a) Inclusion of Reconciliation Directives in
Concurrent Resolutions on the Budget.--A concurrent resolution
on the budget for [any fiscal year] any biennium, 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] any fiscal year covered by such
resolution;
(B) budget authority initially provided for
prior fiscal years;
(C) new entitlement authority which is to
become effective during [such fiscal year] any
fiscal year covered by such resolution; and
(D) credit authority for [such fiscal year]
any fiscal year covered by such resolution,
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;
* * * * * * *
(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) * * *
(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] the Committee on the Budget of the House of
Representatives or the Committee on Fiscal Control and
the Budget of the Senate, respectively, which upon
receiving all such recommendations, shall report to its
House reconciliation legislation carrying out all such
recommendations without any substantive revision.
* * * * * * *
(c) Compliance With Reconciliation Directions.--
(1) * * *
(2)(A) Upon the reporting to the [Committee on the
Budget] Committee on Fiscal Control and 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] Committee on Fiscal Control and 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.
* * * * * * *
(d) Limitation on Amendments to Reconciliation Bills and
Resolutions.--
(1) * * *
(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] or the Committee on
Fiscal Control and the Budget 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]
the Committee on the Budget of the House of
Representatives pursuant to its instruction.
(e) Procedure in the Senate.-- * * *
(2)(A) 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.
(B) In the Senate, a reconciliation bill reported
under subsection (b) pursuant to reconciliation
instructions in a bipartisan budget resolution, a House
amendment thereto, and a conference report thereon
shall be agreed to only upon the affirmative vote of
not less than--
(i) a majority of the Members voting, a
quorum being present; and
(ii) 15 Members that are members of the
minority party in the Senate.
(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 of an odd-numbered
year 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] for the biennium that begins with such fiscal
year.
* * * * * * *
BUDGET-RELATED LEGISLATION MUST BE WITHIN APPROPRIATE LEVELS
Sec. 311. (a) Enforcement of Budget Aggregates.--
(1) In the house of representatives.--Except as
provided by subsection (c), after the Congress has
completed action on a concurrent resolution on the
budget [for a fiscal year] for a biennium, 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]
either fiscal year of the biennium 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] either fiscal year of the
biennium or for the total of [that first fiscal year]
each fiscal year in the biennium 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] for either fiscal year of
the biennium 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] either fiscal year in the
biennium or for the total of [that first fiscal
year and the ensuing fiscal years] all 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]
each fiscal year in the biennium or for the total of
[that fiscal year and the ensuing fiscal years] all
fiscal years for which allocations are provided under
section 302(a).
* * * * * * *
DETERMINATIONS AND POINTS OF ORDER
Sec. 312. (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] or the Committee on Fiscal
Control and the Budget of the Senate, as applicable.
* * * * * * *
(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] for a
biennium, 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] either fiscal year in the biennium 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] either
fiscal year in the biennium 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] the applicable
fiscal year.
* * * * * * *
EXTRANEOUS MATTER IN RECONCILIATION LEGISLATION
Sec. 313. (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] Committee on
Fiscal Control and 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] Committee on Fiscal Control and 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. (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] or the Committee on Fiscal Control and the Budget
of 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) * * *
(g)(1)(A) Adjustments.--If the Committee on Appropriations
of either House reports an appropriation measure for any of
fiscal years 2022 through 2027 that provides budget authority
for grants under section 306 of the Social Security Act, or if
a conference committee submits a conference report thereon, the
chairman of the Committee on the Budget of the House of
Representatives [or the Senate] or the Committee on Fiscal
Control and the Budget of the Senate shall make the adjustments
referred to in subparagraph (B) to reflect the additional new
budget authority provided for such grants in that measure or
conference report and the outlays resulting therefrom,
consistent with subparagraph (D).
* * * * * * *
SEC. 316. AUTOMATIC ADJUSTMENT OF DEBT LIMIT AND STATUTORY CAPS.
(a) Definition.--In this section, the term ``covered
concurrent resolution on the budget''--
(1) means a concurrent resolution on the budget for a
biennium adopted under section 301 that contains text
in the form specified under subsection (b) of this
section applicable to the type of concurrent resolution
on the budget; and
(2) does not include a concurrent resolution on the
budget described in section 304.
(b) Form.--
(1) In general.--For a concurrent resolution on the
budget that is not a bipartisan budget resolution, the
form specified in this subsection is that, other than
any short title, the first section of the concurrent
resolution on the budget shall consist of only the
following: ``For purposes of section 316(c) of the
Congressional Budget Act of 1974, Congress specifies
that section 3101(b) of title 31, United States Code,
shall be amended by striking the dollar amount and
inserting `$____'.'', the blank space being filled with
the appropriate level for the debt subject to limit
under section 3101 of title 31, United States Code.
(2) Bipartisan budget resolution.--
(A) In general--For a concurrent resolution
on the budget that is a bipartisan budget
resolution, the form specified in this
subsection is that, other than any short title,
the first section of the concurrent resolution
on the budget shall consist of only the
following: ``For purposes of section 316(c) of
the Congressional Budget Act of 1974, Congress
specifies the following:
(1) Section 3101(b) of title 31, United States Code,
shall be amended by striking the dollar amount and
inserting `$____'.
(2) Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c))
shall be amended by inserting after paragraph (__) the
following:
`(__) for fiscal year __, for the
discretionary category, $___ in new budget
authority; and
`(__) for fiscal year __, for the
discretionary category, $___ in new budget
authority;'.''
(B) Blank spaces.--The blank spaces in
paragraphs (1) and (2) of such section, as
described in subparagraph (A) of this
paragraph, shall be filled in as follows:
(i) The first blank being filled in
with the appropriate level for the debt
subject to limit under section 3101 of
title 31, United States Code.
(ii) The second blank being filled in
with the number of the paragraph
establishing the discretionary spending
limit for the last fiscal year for
which the discretionary spending limits
are in effect under section 251(c) of
the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C.
901(c)).
(iii) The third and sixth blanks
being filled in with the paragraph
numbers following the paragraph number
specified in the second blank.
(iv) The fourth and seventh blanks
being filled in with the fiscal years
for which the level of the
discretionary spending limits are being
specified under the concurrent
resolution on the budget.
(v) The fifth and eighth blanks being
filled in with the amount of the
discretionary spending limit for the
discretionary category for the fiscal
years described in the fourth and
seventh blanks, respectively, being
specified under the concurrent
resolution on the budget.
(c) Automatic Enrollment of Joint Resolution.--
(1) In general.--Upon adoption by Congress of a
covered concurrent resolution on the budget, the
Secretary of the Senate shall prepare an engrossment of
a joint resolution consistent with the text included in
the covered concurrent resolution on the budget in the
form specified under subsection (b).
(2) Senate.--Upon engrossment of a joint resolution
under paragraph (1), the vote by which the covered
concurrent resolution on the budget was finally agreed
to in the Senate shall also be considered as a vote on
passage of the joint resolution in the Senate, and the
joint resolution shall be considered as passed by the
Senate and duly certified and examined. The engrossed
copy shall be signed by the Secretary of the Senate and
transmitted to the House of Representatives.
(3) House of representatives.--Upon receipt of the
engrossed copy of a joint resolution under paragraph
(2), the vote by which the covered concurrent
resolution on the budget was finally agreed to in the
House of Representatives shall also be considered as a
vote on passage of the joint resolution in the House of
Representatives, and the joint resolution shall be
considered as passed by the House of Representatives
and duly certified and examined. The Clerk of the House
of Representatives shall transmit the joint resolution
to be enrolled.
(4) Enrolling.--Upon receipt of a joint resolution
under paragraph (3), the Enrolling Clerk of the Senate
shall enroll the joint resolution.
(5) Vetoes.--If the President vetoes a joint
resolution enrolled under paragraph (4), in the Senate
there shall be not more than 1 hour of debate on the
veto message, equally divided between the majority and
minority leaders or their designees.
SEC. 317. SPECIAL RECONCILIATION INSTRUCTIONS
(a) In General.--Only if the Director of the Congressional
Budget Office submits a report under section 202(h) indicating
that the target for the ratio of the debt held by the public to
the gross domestic product of the United States by the end of
the last fiscal year covered by the most recently agreed to
concurrent resolution on the budget will not be achieved, not
later than April 15 of the first fiscal year of such biennium,
the Committee on Fiscal Control and the Budget of the Senate
shall report to the Senate a simple resolution--
(1) specifying a total level of deficit reduction to
be achieved and the period during which such reduction
is to be achieved; and
(2) containing directives to 1 or more committees of
the Senate specifying the total amount by which new
budget authority or new entitlement authority contained
in laws within the jurisdiction of each such committee
is to be changed or revenues are to be changed to
achieve the total level of deficit reduction.
(b) Consideration of Special Reconciliation Resolution.--
(1) Placement on calendar.--A resolution reported
under subsection (a) by the Committee on Fiscal Control
and the Budget of the Senate shall be placed
immediately on the calendar.
(2) Motion to proceed.--
(A) In general.--In the Senate,
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) to move to proceed to the
consideration of a resolution reported under
subsection (a) and all points of order against
the resolution (and against consideration of
the resolution) are waived. The motion is not
subject to amendment, or to a motion to
postpone, or to a motion to proceed to the
consideration of other business. 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 a resolution reported under
subsection (a) is agreed to, the resolution
shall remain the unfinished business of the
Senate until disposed of.
(B) Resolution from the committee on fiscal
control and the budget.--It shall not be in
order to move to proceed to the consideration
of a resolution containing the matter described
in paragraphs (1) and (2) of subsection (a)
that was not reported by the Committee on
Fiscal Control and the Budget of the Senate.
(3) Consideration.--
(A) In general.--In the Senate, consideration
of a resolution reported under subsection (a),
and on all amendments, debatable motions, and
appeals in connection therewith, shall be
limited to not more than 10 hours.
(B) General debate.--After the Senate
proceeds to a resolution reported under
subsection (a), there shall be period of not
more than 2 hours for general debate on the
resolution, which shall be divided equally
between those favoring and those opposing the
resolution.
(C) Amendments.--
(i) Period.--In the Senate,
consideration of any amendment to a
resolution reported under subsection
(a) shall be limited to 1 hour, which
shall be divided equally between those
favoring and those opposing the
amendment.
(ii) Alternating opportunity to
offer.--
(I) In general.--The
opportunity to offer and have
immediately considered an
amendment to a resolution
reported under subsection (a)
shall alternate between the
members of the majority and the
members of the minority.
(II) Elect not to offer.--If
the members of the majority or
the members of the minority
elect not to offer an amendment
when presented an opportunity
under this clause (including
under subclause (III) of this
clause), the members of the
minority or the members of the
majority, respectively, shall
have the opportunity to offer
and have immediately considered
an amendment to the resolution
reported under subsection (a).
(III) Return to alternating
opportunity.--After an
amendment offered under
subclause (II) by the members
of the majority or the members
of the minority is disposed of,
the members of the minority or
the members of the majority,
respectively, shall have the
opportunity to offer and have
immediately considered an
amendment to the resolution
reported under subsection (a).
(iii) Requirements for amendments.--
The only amendments in order to a
resolution reported under subsection
(a) shall be--
(I) an amendment proposing to
change an amount specified in
the resolution;
(II) an amendment proposed to
add directives described in
subsection (a)(2) for 1 or more
committees; and
(III) an amendment proposing
to strike directives described
in subsection (a)(2) for 1 or
more committees.
(D) Further limit on consideration.--A motion
further to limit consideration is in order and
not debatable. A motion to postpone, a motion
to proceed to the consideration of other
business, or a motion to recommit the
resolution is not in order.
(E) Time during votes not counted.--For
purposes of determining the end of the period
of consideration of a resolution reported under
subsection (a), or amendment thereto, any time
during a vote of the Senate shall not be
counted.
(4) Vote on passage.--After the conclusion of the
period for consideration of a resolution reported under
subsection (a), the Senate shall proceed, without any
further debate on any question, to vote on the final
disposition thereof to the exclusion of all amendments
not then actually pending before the Senate at that
time and to the exclusion of all motions, except a
motion to table or to reconsider and 1 quorum call on
demand to establish the presence of a quorum (and
motions required to establish a quorum) immediately
before the vote on adoption of the resolution begins.
(5) Rulings of the chair on procedure.--Appeals from
the decisions of the Chair relating to the application
of this subsection or the rules of the Senate, as the
case may be, to the procedure relating to a resolution
reported under subsection (a) shall be decided without
debate.
(c) Recommendations of Committees.--If a resolution is
reported under subsection (a), not later than May 15 of the
year in which the resolution is reported, each committee for
which the resolution contains directives shall submit to the
Committee on Fiscal Control and the Budget of the Senate
recommended changes in laws within the jurisdiction of the
committee that comply with subsection (a)(2).
(d) Special Reconciliation Procedure.--
(1) In general.--Subject to paragraph (2), after each
committee for which a resolution reported under
subsection (a) contained directives has reported
recommended changes to the Committee on Fiscal Control
and the Budget of the Senate, the Committee on Fiscal
Control and the Budget shall report to the Senate
special reconciliation legislation carrying out all
such recommendations without any substantive revision.
(2) Failure to report compliant recommendations.--If
1 or more committees do not report recommendations that
comply with subsections (a)(2) and (c), the Committee
on Fiscal Control and the Budget of the Senate--
(A) shall report to the Senate special
reconciliation legislation carrying out all
reported recommendations that comply with
subsections (a)(2) and (c), without any
substantive revision; and
(B) may include in the legislation reported
under subparagraph (A) changes in laws within
the jurisdiction of each noncompliant
committee, if the changes in law comply with
subsection (a)(2).
(e) Limits on Special Reconciliation Bills.--
(1) Extraneous material.--
(A) In general.--It shall not be in order to
consider any provision in legislation reported
under subsection (d) that contains material
extraneous (within the meaning given that term
under section 313) to the directives to the
applicable committee.
(B) Point of order sustained.--If a point of
order is made by a Senator against a provision
described in subparagraph (A), and the point of
order is sustained by the Chair, that provision
shall be stricken from the measure and may not
be offered as an amendment from the floor.
(C) Form of the point of order.--A point of
order under subparagraph (A) may be raised by a
Senator as provided in section 313(e).
(D) Conference reports.--When the Senate is
considering a conference report on, or an
amendment between the Houses in relation to,
legislation reported under subsection (d), upon
a point of order being made by any Senator
pursuant to subparagraph (A), and such point of
order being sustained, such material contained
in such conference report or House amendment
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
subparagraph), no further amendment shall be in
order.
(E) Supermajority waiver and appeal.--In the
Senate, this paragraph may be waived or
suspended only by an affirmative vote of three-
fifths of the Members, duly chosen and sworn.
An affirmative vote of three-fifths of Members
of the Senate, duly chosen and sworn shall be
required to sustain an appeal of the ruling of
the Chair on a point of order raised under this
paragraph.
(2) Deficit reduction required.--
(A) Each title reduces the deficit.--
(i) In general.--It shall not be in
order to consider any title in
legislation reported under subsection
(d) that would increase the deficit
over--
(I) the period during which
the level of deficit reduction
specified in subsection (a)(1)
is to be achieved; or
(II) the period covered by
the most recently agreed to
concurrent resolution on the
budget.
(ii) Point of order sustained.--If a
point of order is made by a Senator
against a title described in clause
(i), and the point of order is
sustained by the Chair, that title
shall be stricken from the measure and
may not be offered as an amendment from
the floor.
(iii) Form of the point of order.--A
point of order under clause (i) may be
raised by a Senator as provided in
section 313(e).
(iv) Conference reports.--When the
Senate is considering a conference
report on, or an amendment between the
Houses in relation to, a bill or joint
resolution, upon a point of order being
made by any Senator pursuant to clause
(i), and such point of order being
sustained, such material contained in
such conference report or House
amendment 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
clause), no further amendment shall be
in order.
(v) Supermajority waiver and
appeal.--In the Senate, this
subparagraph may be waived or suspended
only by an affirmative vote of three-
fifths of the Members, duly chosen and
sworn. An affirmative vote of three-
fifths of 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 subparagraph.
(B) No amendments reducing the amount of
deficit reduction.--
(i) In general.--It shall not be in
order to consider an amendment to
legislation reported under subsection
(d) that would reduce the amount of the
decrease in the deficit, as compared to
the legislation as reported by the
Committee on Fiscal Control and the
Budget of the Senate, over--
(I) the period during which
the level of deficit reduction
specified in subsection (a)(1)
is to be achieved; or
(II) the period covered by
the most recently agreed to
concurrent resolution on the
budget.
(ii) Supermajority waiver and
appeal.--In the Senate, this
subparagraph may be waived or suspended
only by an affirmative vote of three-
fifths of the Members, duly chosen and
sworn. An affirmative vote of three-
fifths of 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 subparagraph.
(f) Consideration of Special Reconciliation Bills.--
(1) Deadline.--Not later than July 30 of an even-
numbered year, the Senate shall proceed to
consideration of legislation reported under subsection
(d).
(2) Procedures.--
(A) In general.--Except as provided in
subparagraph (B), and subject to subsection
(e), if the Committee on Fiscal Control and the
Budget of the Senate reports legislation under
subsection (d), 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 such
legislation and conference reports thereon.
(B) Exceptions.--
(i) Debate.--Debate in the Senate on
any legislation reported under
subsection (d), and all amendments
thereto and debatable motions and
appeals in connection therewith, shall
be limited to not more than 20 hours.
(ii) Amendments.--Paragraph (6) of
section 305(b) shall not apply to
legislation reported under subsection
(d).
(C) Vetoes.--If the President vetoes
legislation reported under subsection (d), in
the Senate there shall be not more than 1 hour
of debate on the veto message, equally divided
between the majority and minority leaders or
their designees.
(3) Special rules for revenue measures.--
(A) In general.--If the legislation reported
under subsection (d) is a revenue measure, the
majority leader shall submit for publication in
the Congressional Record a written statement
identifying a bill of the House of
Representatives that is a revenue measure and
that shall be used as the vehicle for
consideration of the legislation reported under
subsection (d).
(B) Motion to proceed.--A motion to proceed
to the consideration of a bill of the House of
Representatives identified in a written
statement under subparagraph (A) shall not be
debatable.
(C) Substitute amendment.--
(i) In general.--If a motion to
proceed to a bill of the House of
Representatives identified in a written
statement under subparagraph (A) is
agreed to, the majority leader shall
offer an amendment in the nature of a
substitute to the bill, which shall
consist only of the text of the
legislation reported under subsection
(d).
(ii) Treatment of text.--An amendment
in the nature of a substitute offered
under clause (i) shall be--
(I) deemed to be agreed to,
subject to further amendment;
(II) treated as original text
for purposes of germaneness and
further amendment; and
(III) considered in the same
manner as legislation reported
under subsection (d), in
accordance with paragraph (2)
of this subsection.
(D) No effect on points of order.--The fact
that legislation reported under subsection (d)
is considered as an amendment in the nature of
a substitute to a bill of the House of
Representatives shall not preclude any point of
order that would lie against the legislation if
the legislation were considered as a bill of
the Senate reported by the Committee on Fiscal
Control and the Budget under subsection (d).
* * * * * * *
TITLE IV--ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES
[2 U.S.C. 651 et seq.]
* * * * * * *
ANALYSIS BY CONGRESSIONAL BUDGET OFFICE
Sec. 402. (a) 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] except that, for the
Committee on Appropriations of each House, the Director shall
prepare a report only with respect to a supplemental
appropriation bill (which shall include an estimate of the
interest effects of the bill)), and submit to such committee--
(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] 9 fiscal years following such fiscal year,
together with the basis for each such estimate, which
shall include, and appear as supplemental information
in the estimate, year-by-year estimates of the cost of
servicing the debt produced as a result of carrying out
such bill or resolution;
(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](b) 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.
(c) The Director of the Congressional Budget Office shall,
to the extent practicable, prepare for each bill or resolution
of a public character reported by the Committee on
Appropriations of each House and submit to such committee--
(1) an estimate of the costs that would be incurred
in carrying out such bill or resolution in the fiscal
year in which the bill or resolution is to become
effective;
(2) an estimate of the costs for any advance
appropriations in the bill or resolution for the fiscal
year in which the budget authority for those
appropriations first becomes effective; and
(3) a year-by-year estimate for any provision of the
bill or resolution 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 (2 U.S.C. 902) (as in effect prior to
September 30, 2002) if the provision was included in
legislation other than an appropriation Act.''.
* * * * * * *
Sec. 425. (a) In General.-- * * *
(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] Committee on Fiscal
Control and the Budget.
* * * * * * *
PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS
LEGISLATION
SEC. 441. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS
AFFECTING THE CRIME VICTIMS FUND.
(a) Definitions.--In this section--
(1) the term ``CHIMP'' means a provision that--
(A) would have been estimated as affecting
direct spending or receipts under section 252
of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 902) (as in
effect prior to September 30, 2002) if the
provision was included in legislation other
than an appropriation Act; and
(B) results in a net decrease in budget
authority in the current year or the budget
year, but does not result in a net decrease in
outlays over the period of the total of the
current year, the budget year, and all fiscal
years covered under the most recently adopted
concurrent resolution on the budget;
(2) the term ``Crime Victims Fund'' means the Crime
Victims Fund established under section 1402 of the
Victims of Crime Act of 1984 (34 U.S.C. 20101); and
(3) the term ``3-year average amount'' means the
annual average amount that was deposited into the Crime
Victims Fund during the 3-fiscal-year period beginning
on October 1 of the fourth fiscal year before the
fiscal year to which a CHIMP affecting the Crime
Victims Fund applies.
(b) Point of Order in the Senate.--
(1) Point of order.--
(A) In general.--In the Senate, it shall not
be in order to consider a provision in a bill
or joint resolution making appropriations for
all or a portion of a fiscal year, or an
amendment thereto, amendment between the Houses
in relation thereto, conference report thereon,
or motion thereon, that contains a CHIMP that,
if enacted, would cause the amount available
for obligation during the fiscal year from the
Crime Victims Fund to be less than the 3-year
average amount.
(B) Point of order sustained.--If a point of
order is made by a Senator against a provision
described in subparagraph (A), and the point of
order is sustained by the Chair, that provision
shall be stricken from the measure and may not
be offered as an amendment from the floor.
(2) 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).
(3) Conference reports.--When the Senate is
considering a conference report on, or an amendment
between the Houses in relation to, a bill or joint
resolution, upon a point of order being made by any
Senator pursuant to paragraph (1), and such point of
order being sustained, such material contained in such
conference report or House amendment 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.
(4) Supermajority waiver and appeal.--In the Senate,
this subsection may be waived or suspended only by an
affirmative vote of three-fifths of the Members, duly
chosen and sworn. An affirmative vote of three-fifths
of 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.
(5) Determination.--For purposes of this subsection,
budgetary levels shall be determined on the basis of
estimates provided by the Chairman of the Committee on
Fiscal Control and the Budget of the Senate.
(c) Point of Order in the House of Representatives.--
(1) In general.--A provision in a bill or joint
resolution making appropriations for a fiscal year that
proposes a CHIMP that, if enacted, would cause the
amount available for obligation during the fiscal year
from the Crime Victims Fund to be less than the 3-year
average amount shall not be in order in the House of
Representatives.
(2) Amendments and conference reports.--It shall not
be in order in the House of Representatives to consider
an amendment to, or a conference report on, a bill or
joint resolution making appropriations for a fiscal
year if such amendment thereto or conference report
thereon proposes a CHIMP that, if enacted, would cause
the amount available for obligation during the fiscal
year from the Crime Victims Fund to be less than the 3-
year average amount.
(3) Determination.--For purposes of this subsection,
budgetary levels shall be determined on the basis of
estimates provided by the Chairman of the Committee on
the Budget of the House of Representatives.
* * * * * * *
TITLE VII--PROGRAM REVIEW AND EVALUATION
[2 U.S.C. 623]
* * * * * * *
CONTINUING STUDY OF ADDITIONAL BUDGET REFORM PROPOSALS
Sec. 703. (a) [The Committees on the Budget of the House of
Representatives and the Senate] The Committee on the Budget of
the House of Representatives and the Committee on Fiscal
Control and the Budget of 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 Committee on the Budget
of the House of Representatives and the Committee on Fiscal
Control and the Budget of the Senate shall, from time to time,
report to the House of Representatives and the Senate,
respectively, the results of the study carried on by it under
subsection (a), together with its recommendations.
* * * * * * *
TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES
[2 U.S.C. 621 note]
* * * * * * *
EXERCISE OF RULEMAKING POWERS
Sec. 904. (a) * * *
(f) Global Waiver for General Budget Points of Order.--
(1) Definitions.--In this subsection--
(A) the term ``general budget point of
order'' means a point of order under this Act,
the Balanced Budget and Emergency Deficit
Control Act of 1985, the Statutory Pay-As-You-
Go Act of 2010, or a concurrent resolution on
the budget that if sustained--
(i) in the case of a bill or joint
resolution, the effect is the measure
be recommitted to the appropriate
committee for further consideration
under section 312(f); or
(ii) in the case of any other
measure, the effect is the same as if
the Senate had disagreed to the
measure; and
(B) the term ``surgical strike point of
order'' means a point of order under this Act,
the Balanced Budget and Emergency Deficit
Control Act of 1985, the Statutory Pay-As-You-
Go Act of 2010, or a concurrent resolution on
the budget raised against a provision in a
measure that if sustained the effect is the
provision be stricken from the measure.
(2) Waiver.--In the Senate, it shall be in order for
a Senator to move to waive all applicable general
budget points of order with respect to a bill, joint
resolution, concurrent resolution, motion, amendment,
amendment between the Houses, or conference report. An
affirmative vote of three-fifths of the Members of the
Senate, duly chosen and sworn, shall be required to
sustain a motion made under this paragraph.
(3) Prohibition.--
(A) In general.--In the Senate, it shall not
be in order for a Senator to move to waive all
applicable surgical strike points of order with
respect to a bill, joint resolution, concurrent
resolution, motion, amendment, amendment
between the Houses, or conference report,
unless in response to a point of order being
raised.
(B) No waiver.--In the Senate, it shall not
be in order to move to waive or suspend
subparagraph (A).
* * * * * * *
TITLE X--IMPOUNDMENT CONTROL
[2 U.S.C. 681 et seq.]
* * * * * * *
SEC. 1018. REPORTS.
(a) Apportionment of Appropriations.--
(1) In general.--Not later than 90 days after the
date of enactment of this section, the Office of
Management and Budget shall complete implementation of
an automated system to post each document apportioning
an appropriation, pursuant to section 1512 of title 31,
United States Code, including any associated footnotes,
on a publicly accessible website in a machine readable
format, on the date of approval of such form by the
Office of Management and Budget, and shall place on
such website each document apportioning an
appropriation, pursuant to section 1512 of title 31,
United States Code, including any associated footnotes,
already approved by the Office of Management and Budget
in fiscal year 2020, and shall report the date of
completion of such requirements to the Committee on
Fiscal Control and the Budget and the Committee on
Appropriations of the Senate and the Committee on the
Budget and the Committee on Appropriations of the House
of Representatives.
(2) Report.--Not later than 60 days after the date of
enactment of this section, and each month thereafter,
the Director of the Office of Management and Budget
shall provide to the Committee on Fiscal Control and
the Budget and the Committee on Appropriations of the
Senate and the Committee on the Budget and the
Committee on Appropriations of the House of
Representatives a report containing the bureau, account
name, appropriation name, and Treasury account fund
symbol of each document requesting apportionment of an
appropriation, pursuant to section 1512 of title 31,
United States Code, that has not been approved by the
Office of Management and Budget and that an agency
initially submitted to Office of Management and Budget
30 days or more prior to the date of the report.
(b) Budget Authority.--
(1) In general.--With respect to budget authority
proposed to be rescinded or that is set to be reserved
or proposed to be deferred in a special message
transmitted under section 1012 or 1013, such budget
authority--
(A) shall be made available for obligation in
sufficient time to be prudently obligated as
required under section 1012(b) or 1013; and
(B) may not be deferred or otherwise withheld
from obligation during the 60-day period before
the expiration of the period of availability of
such budget authority, including, if
applicable, the 60-day period before the
expiration of an initial period of availability
for which such budget authority was provided.
(2) Review.--
(A) In general.--The Comptroller General
shall review compliance with this subsection
and shall submit to the Committee on Fiscal
Control and the Budget and the Committee on
Appropriations of the Senate and the Committee
on the Budget and the Committee on
Appropriations of the House of Representatives
a report, and any relevant information related
to the report, on the lack of compliance with
this subsection as soon as practicable after
the Comptroller General discovers such
noncompliance.
(B) Information and documentation.--The
President shall provide information and
documentation to the Comptroller General, as is
determined by the Comptroller General to be
necessary to determine such compliance.
(3) Penalties.--
(A) In general.--If any officer or employee
of an Executive agency violates this
subsection, the head of the agency shall report
such violation immediately as required under
section 1351 of title 31, United States Code,
as if violation of this subsection was a
violation of section 1341(a) or 1342 of that
title.
(B) Administrative discipline.--Any officer
or employee of the United States Government
violating this subsection shall be subject to
appropriate administrative discipline under
section 1349(a) of such title as if violation
of this subsection was a violation of section
1341(a) or 1342 of that title.
* * * * * * *
DEFICIT REDUCTION
Sec. 1024. (a) * * *
(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] the Committee on the Budget
of the House of Representatives and the Committee on Fiscal
Control and the Budget of 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. (a) Receipt and Referral of Special Message.--
Each special message transmitted under this part shall be
referred to the [Committee on the Budget] Committee on Fiscal
Control and 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.
* * * * * * *
CONSOLIDATED APPROPRIATIONS ACT, 2018
[Pub. L. 115-141, as amended]
DIVISION O--WILDFIRE SUPPRESSION FUNDING AND FOREST MANAGEMENT
ACTIVITIES ACT
* * * * * * *
SEC. 104. REPORTING REQUIREMENTS.
(a) In General.--Not later than 90 days after the end of
the fiscal year for which additional new budget authority is
used, pursuant to section 251(b)(2)(F)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(F)(i)), as added by section 102 of this division, the
Secretary of the Interior or the Secretary of Agriculture (as
applicable), in consultation with the Director of the Office of
Management and Budget, shall--
(1) prepare an annual report with respect to the
additional new budget authority;
(2) submit to the Committees on Appropriations, the
Budget, and Natural Resources of the House of
Representatives and the Committees on Appropriations,
[the Budget] Fiscal Control and the Budget, and Energy
and Natural Resources of the Senate the annual report
prepared under paragraph (1); and
* * * * * * *
EMERGENCY ECONOMIC STABILIZATION ACT OF 2008
[Pub. L. 110-343, as amended, 12 U.S.C. 5202]
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall
apply:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Banking, Housing, and
Urban Affairs, the Committee on Finance, [the
Committee on the Budget] the Committee on
Fiscal Control and the Budget, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Financial Services, the
Committee on Ways and Means, the Committee on
the Budget, and the Committee on Appropriations
of the House of Representatives.
* * * * * * *
FULL EMPLOYMENT AND BALANCED GROWTH ACT OF 1978
[Pub. L. 95-523, as amended]
SEC. 302. COMMITTEE REVIEW.
Sec. 302. (a) In conjunction with its review of the
Economic Report, and the holding of hearings on the Economic
Report under the Employment Act of 1946, the Joint Economic
Committee shall review and analyze the short-term and medium-
term goals set forth in the Economic Report pursuant to
sections 3(a)(2) and 4(b) of the Employment Act of 1946 (as
amended by sections 103 and 104 of this Act).
(b) The Joint Economic Committee shall hold hearings on the
Economic Report for the purpose of receiving testimony from
Members of the Congress; and such appropriate representatives
of Federal departments and agencies, the general public, and
interested groups as the joint committee deems advisable. The
joint committee shall also consider the comments and views on
the Economic Report which are received from State and local
officials.
(c) Within thirty days after receipt by the Congress of the
Economic Report, each standing committee of the Senate and the
House of Representatives, each other committee of the Senate
and the House of Representatives which has legislative
jurisdiction, and each joint committee of the Congress may
submit to the Joint Economic Committee, for use by the Joint
Economic Committee in conducting its review and analysis under
subsection (a), a report containing the views and
recommendations of the submitting committee with respect to
aspects of the Economic Report which relate to its
jurisdiction.
(d) On or before March 15 of each year, a majority of the
members of the Joint Economic Committee shall submit a report
of [the Committees on the Budget of the Senate and the House of
Representatives] the Committee on the Budget of the House of
Representatives and the Committee on Fiscal Control and the
Budget of the Senate. Such report shall include findings,
recommendations, and any appropriate analyses with respect and
in direct comparison to each of the short-term and medium-term
goals set forth in the Economic Report.
* * * * * * *
INTERNAL REVENUE CODE OF 1986
[Pub. L. 106-554, as amended; 26 U.S.C. 9503]
Subtitle I--Trust Fund Code
* * * * * * *
SEC. 9503. HIGHWAY TRUST FUND.
(a) * * *
(d) Adjustments of Apportionments.--
(1) Estimates of unfunded highway authorizations and
net highway receipts.--The Secretary of the Treasury,
not less frequently than once in each calendar quarter,
after consultation with the Secretary of
Transportation, shall estimate--
(A) the amount which would (but for this
subsection) be the unfunded highway
authorizations at the close of the next fiscal
year, and
(B) the net highway receipts for the 48-month
period beginning at the close of such fiscal
year.
(2) Procedure where there is excess unfunded highway
authorizations.--If the Secretary of the Treasury
determines for any fiscal year that the amount
described in paragraph (1)(A) exceeds the amount
described in paragraph (1)(B)--
(A) he shall so advise the Secretary of
Transportation, and
(B) he shall further advise the Secretary of
Transportation as to the amount of such excess.
(3) * * *
(7) Reports.--Any estimate under paragraph (1) and
any determination under paragraph (2) shall be reported
by the Secretary of the Treasury to the Committee on
Ways and Means of the House of Representatives, the
Committee on Finance of the Senate, [the Committees on
the Budget of both Houses] the Committee on the Budget
of the House of Representatives, the Committee on
Fiscal Control and the Budget of the Senate, the
Committee on Public Works and Transportation of the
House of Representatives, and the Committee on
Environment and Public Works of the Senate.
* * * * * * *
SMALL BUSINESS JOBS ACT OF 2010
[Pub. L. 111-240, as amended]
SEC. 3002. DEFINITIONS.
In this title, the following definitions shall apply:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Small Business and
Entrepreneurship, the Committee on Agriculture,
Nutrition, and Forestry, the Committee on
Banking, Housing, and Urban Affairs, the
Committee on Finance, [the Committee on the
Budget] the Committee on Fiscal Control and the
Budget, and the Committee on Appropriations of
the Senate; and
(B) the Committee on Small Business, the
Committee on Agriculture, the Committee on
Financial Services, the Committee on Ways and
Means, the Committee on the Budget, and the
Committee on Appropriations of the House of
Representatives.
* * * * * * *
STATUTORY PAY-AS-YOU-GO ACT OF 2010
[Pub. L. 111-139, as amended; 2 U.S.C. 931 et seq.]
SEC. 4. PAYGO ESTIMATES AND PAYGO SCORECARDS.
(a) PAYGO Estimates.--
(1) Required designation in paygo acts.--
(A) House of representatives.--To establish
the budgetary effects of a PAYGO Act consistent
with the determination made by the Chairman of
the House Budget Committee, a PAYGO Act
originated in or amended by the House of
Representatives may include the following
statement: ``The budgetary effects of this Act,
for the purpose of complying with the Statutory
Pay-As-You-Go-Act of 2010, shall be determined
by reference to the latest statement titled
`Budgetary Effects of PAYGO Legislation' for
this Act, submitted for printing in the
Congressional Record by the Chairman of the
House Budget Committee, provided that such
statement has been submitted prior to the vote
on passage.''.
(B) Senate.--To establish the budgetary
effects of a PAYGO Act consistent with the
determination made by the Chairman of [the
Senate Budget Committee] the Committee on
Fiscal Control and the Budget of the Senate, a
PAYGO Act originated in or amended by the
Senate shall include the following statement:
``The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-
You-Go-Act of 2010, shall be determined by
reference to the latest statement titled
`Budgetary Effects of PAYGO Legislation' for
this Act, submitted for printing in the
Congressional Record by the Chairman of [the
Senate Budget Committee] the Committee on
Fiscal Control and the Budget of the Senate,
provided that such statement has been submitted
prior to the vote on passage.''.
(C) Conference reports and amendments between
the houses.--To establish the budgetary effects
of the conference report on a PAYGO Act, or an
amendment to an amendment between Houses on a
PAYGO Act, which if estimated shall be
estimated jointly by [the Chairmen of the House
and Senate Budget Committees] the Chairman of
the Committee on the Budget of the House of
Representatives and the Chairman of the
Committee on Fiscal Control and the Budget of
the Senate, the conference report or amendment
between the Houses shall include the following
statement: ``The budgetary effects of this Act,
for the purpose of complying with the Statutory
Pay-As-You-Go-Act of 2010, shall be determined
by reference to the latest statement titled
`Budgetary Effects of PAYGO Legislation' for
this Act, jointly submitted for printing in the
Congressional Record by [the Chairmen of the
House and Senate Budget Committees] the
Chairman of the Committee on the Budget of the
House of Representatives and the Chairman of
the Committee on Fiscal Control and the Budget
of the Senate, provided that such statement has
been submitted prior to the vote on passage in
the House acting first on this conference
report or amendment between the Houses.''.
(2) Determination of budgetary effects of paygo
acts.--
(A) Original legislation.--
(i) Statement and estimate.--Prior to
a vote on passage of a PAYGO Act
originated or amended [by one House,
the Chairman of the Budget Committee of
that House] by the House of
Representatives or the Senate, the
Chairman of the Committee on the Budget
of the House of Representatives or the
Chairman of the Committee on Fiscal
Control and the Budget of the Senate,
respectively may submit for printing in
the Congressional Record a statement
titled ``Budgetary Effects of PAYGO
Legislation'' which shall include an
estimate of the budgetary effects of
that Act, if available prior to passage
of the Act by that House and shall
submit, if applicable, an
identification of any current policy
adjustments made pursuant to section 7
of this Act. The timely submission of
such a statement, in conjunction with
the appropriate designation made
pursuant to paragraph (1)(A) or (1)(B),
as applicable, shall establish the
budgetary effects of the PAYGO Act for
the purposes of this Act.
(ii) Effect.--The latest statement
submitted by [the Chairman of the
Budget Committee of that House prior to
passage] the Chairman of the Committee
on the Budget of the House of
Representatives or the Chairman of the
Committee on Fiscal Control and the
Budget of the Senate prior to passage
by the House of Representatives or the
Senate, respectively, shall supersede
any prior statements submitted in the
Congressional Record and shall be valid
only if the PAYGO Act is not further
amended by either House.
(iii) Failure to submit estimate.--
If--
(I) the estimate required by
clause (i) has not been
submitted prior to passage by
that House;
(II) such estimate has been
submitted but is no longer
valid due to a subsequent
amendment to the PAYGO Act; or
(III) the designation
required pursuant to this
subsection has not been made;
the budgetary effects of the PAYGO Act
shall be determined under subsection
(d)(3), provided that this clause shall
not apply if a valid designation is
subsequently included in that PAYGO Act
pursuant to paragraph (1)(C) and a
statement is submitted pursuant to
subparagraph (B).
(B) Conference reports and amendments between
houses.--
(i) In general.--Prior to the
adoption of a report of a committee of
conference on a PAYGO Act in either
House, or disposition of an amendment
to an amendment between Houses on a
PAYGO Act, [the Chairmen of the Budget
Committees of the House and Senate] the
Chairman of the Committee on the Budget
of the House of Representatives and the
Chairman of the Committee on Fiscal
Control and the Budget of the Senate
may jointly submit for printing in the
Congressional Record a statement titled
``Budgetary Effects of PAYGO
Legislation'' which shall include an
estimate of the budgetary effects of
that Act if available prior to passage
of the Act by the House acting first on
the legislation and shall submit, if
applicable, an identification of any
current policy adjustments made
pursuant to section 7 of this title.
The timely submission of such a
statement, in conjunction with the
appropriate designation made pursuant
to paragraph (1)(C), shall establish
the budgetary effects of the PAYGO Act
for the purposes of this Act.
(ii) Failure to submit estimate.--If
such estimate has not been submitted
prior to the adoption of a report of a
committee of conference by either
House, or if the designation required
pursuant to this subsection has not
been made, the budgetary effects of the
PAYGO Act shall be determined under
subsection (d)(3).
(3) Procedure in the senate.--In the Senate, upon
submission of a statement titled ``Budgetary Effects of
PAYGO Legislation'' by the Chairman of the [Senate
Budget Committee] Committee on Fiscal Control and the
Budget of the Senate for printing in the Congressional
Record, the Legislative Clerk shall read the statement.
(4) Jurisdiction [of the budget committees].--For the
purposes of enforcing section 306 of the Congressional
Budget Act of 1974, a designation made pursuant to
paragraph (1)(A), (1)(B), or (1)(C), that includes only
the language specifically prescribed therein, shall not
be considered a matter within the jurisdiction of
either [the Senate or House Committees on the Budget]
the Committee on the Budget of the House of
Representatives or the Committee on Fiscal Control and
the Budget of the Senate.
* * * * * * *
SEC. 12. DETERMINATIONS AND POINTS OF ORDER.
Nothing in this title shall be construed as limiting the
authority of [the chairmen of the Committees on the Budget of
the House and Senate] the Chairman of the Committee on the
Budget of the House of Representatives or the Chairman of the
Committee on Fiscal Control and the Budget of the Senate under
section 312 of the Congressional Budget Act of 1974. CBO may
consult with [the Chairmen of the House and Senate Budget
Committees] the Chairman of the Committee on the Budget of the
House of Representatives and the Chairman of the Committee on
Fiscal Control and the Budget of the Senate to resolve any
ambiguities in this title.
* * * * * * *
XII. Public Hearings
The Senate Committee on the Budget has held more than a
dozen public hearings since the 114th Congress on matters
related to reforming the congressional budget process. The
Committee has also convened several additional hearings in
which relevant concepts were discussed. S. 2765, the Bipartisan
Congressional Budget Reform Act, is in large part, the
byproduct of these public hearings.
On June 26, 2019, the Committee held a hearing at 3:15 p.m.
in room 608 of the Dirksen Senate Office Building (SD-608)
entitled ``Fixing a Broken Budget and Spending Process:
Securing the Nation's Fiscal Future.'' At the invitation of
Chairman Mike Enzi, witness testimony was provided by the
Honorable Gene L. Dodaro, Comptroller General, GAO.
On June 19, 2019, the Committee held a hearing at 2:30 p.m.
in SD-608 entitled ``Fixing a Broken Budget and Spending
Process: Lessons from States.'' At the invitation of Chairman
Enzi, witness testimony was provided by the Honorable Eli
Bebout, Wyoming State Senator and Chairman of the Wyoming
Senate Appropriations Committee, and Mr. John Hicks, Executive
Director of the National Association of State Budget Officers.
Mr. Benjamin Orr, Executive Director of the Maryland Center on
Economic Policy, also provided witness testimony at the
invitation of Ranking Member Bernie Sanders.
On May 14, 2019, the Committee held a hearing at 2:30 p.m.
in SD-608 entitled ``Fixing a Broken Budget and Spending
Process: Perspectives of Two Former Chairmen.'' At the
invitation of Chairman Enzi, witness testimony was provided by
the Honorable Kent Conrad [D-ND] and the Honorable Judd Gregg
[R-NH], former United States Senators and former chairmen of
the Senate Committee on the Budget.
On February 27, 2019, the Committee held a hearing at 2:30
p.m. in SD-608 entitled ``The Budget Control Act: A Review of
Cap-Adjusted Spending.'' At the invitation of Chairman Enzi,
Ms. Teri Gullo, Assistant Director for Budget Analysis at CBO,
provided witness testimony.
On September 13, 2018, the Committee held a hearing at
10:30 a.m. in SD-608 entitled ``An Update on Transparency at
the Congressional Budget Office.'' At the invitation of
Chairman Enzi, the Honorable Keith Hall, then-Director CBO,
provided witness testimony.
On May 23, 2018, the Committee held a hearing at 10:30 a.m.
in SD-608 entitled ``GAO's Annual Report on Additional
Opportunities to Reduce Fragmentation, Overlap, and Duplication
in the Federal Government.'' At the invitation of Chairman
Enzi, witness testimony was provided by the Honorable Gene L.
Dodaro, Comptroller General, GAO.
On January 24, 2018, the Committee held a hearing at 10:30
a.m. in SD-608 entitled ``Oversight of the Congressional Budget
Office.'' At the invitation of Chairman Enzi, the Honorable
Keith Hall, then-Director of CBO, provided witness testimony.
On September 14, 2016, the Committee held a hearing at 3:30
p.m. in SD-608 entitled ``Oversight of the Congressional Budget
Office.'' At the invitation of Chairman Enzi, the Honorable
Keith Hall, then-Director of CBO, provided witness testimony.
On April 27, 2016, the Committee held a hearing at 10:30
a.m. in SD-608 entitled ``Fixing the Budget Process: Better
Budgets, Better Results.'' At the invitation of Chairman Enzi,
witness testimony was provided by Mr. Barry Anderson, former
Acting Director of CBO, and Mr. James C. Capretta, Senior
Fellow, Ethics and Public Policy Center, American Enterprise
Institute (AEI). The late Mr. Stan Collender, former Executive
Vice President, Qorvis MSLGROUP, also provided witness
testimony at the invitation of Ranking Member Sanders.
On April 20, 2016, the Committee held a hearing at 10:30
a.m. in SD-608 entitled ``Fixing the Budget Process and
Restoring Stability in Government Operations.'' At the
invitation of Chairman Enzi, witness testimony was provided by
Dr. Kevin Hassett, former Director of Economic Policy Studies,
AEI, and Dr. Norman Ornstein, Resident Scholar, AEI. Dr. Philip
Joyce, Senior Associate Dean, University of Maryland's School
of Public Policy, also provided witness testimony at the
invitation of Ranking Member Sanders.
On April 13, 2016, the Committee held a hearing at 10:30
a.m. in SD-608 entitled ``Fixing the Broken Budget Process.''
At the invitation of Chairman Enzi, testimony was provided by
the late Dr. Paul Posner, former Director of the Center for
Public Service, George Mason University, and the Honorable
Maurice McTigue, Vice President for Outreach at the Mercatus
Center, George Mason University. Dr. Roy T. Meyers, Professor
of Political Science, University of Maryland, Baltimore County,
also provided witness testimony at the invitation of Ranking
Member Sanders.
On April 6, 2016, the Committee held a hearing at 10:30
a.m. in SD-608 entitled ``How the Federal Government's
Financial Mismanagement Contributes to a Broken Budget
Process.'' At the invitation of Chairman Enzi, witness
testimony was provided by the Honorable Gene L. Dodaro,
Comptroller General, GAO.
On February 3, 2016, the Committee held a hearing at 10
a.m. in SD-608 entitled ``Spending on Unauthorized Programs.''
At the invitation of Chairman Enzi, witness testimony was
provided by the Honorable Keith Hall, then-Director of CBO, Ms.
Jessica Tollestrup, Specialist in Congress and the Legislative
Process, Congressional Research Service, and the late Dr. Paul
Posner, former Director of the Center for Public Service,
George Mason University. Dr. James Thurber, former Director of
the Center for Congressional and Presidential Studies, American
University, also provided witness testimony at the invitation
of Ranking Member Sanders.
On December 9, 2015, the Committee held a hearing at 10:30
a.m. in SD-608 entitled ``The Need for Regulatory Budgeting.''
At the invitation of Chairman Mike Enzi, witness testimony was
provided by Dr. John Graham, former Dean, School of Public and
Environmental Affairs at Indiana University, and Dr. Jerry
Ellig, former Senior Research Fellow, Mercatus Center, George
Mason University. Mr. Robert Verchick, Chair of Environmental
Law,
Loyola University New Orleans, also provided witness testimony
at the invitation of Ranking Member Sanders.
On November 4, 2015, the Committee held a hearing at 10:30
a.m. in SD-608 entitled ``Reforming the Federal Budget Process:
A Biennial Approach to Better Budgeting.'' At the invitation of
Chairman Enzi, witness testimony was provided by the Honorable
Johnny Isakson [R-GA], United States Senator; the Honorable
Thomas Carper [D-DE], United States Senator; and the Honorable
William G. Batchelder, former Speaker of the Ohio House of
Representatives. The Honorable David Price [D-NC], United
States Representative, and Mr. Robert L. Bixby, Executive
Director of the Concord Coalition, also provided witness
testimony at the invitation of Ranking Member Sanders.
On October 21, 2015, the Committee held a hearing at 10:30
a.m. in SD-608 entitled ``Reforming the Federal Budget Process:
The Need for Action.'' At the invitation of Chairman Enzi,
witness testimony was provided by Mr. Michael Peterson,
President and Chief Executive Officer of the Peter G. Peterson
Foundation, and Dr. Douglas Holtz-Eakin, President of the
American Action Forum and former Director of CBO. Ms. Deborah
Weinstein, Executive Director of the Coalition on Human Needs,
also provided witness testimony at the invitation of Ranking
Member Sanders.
On May 19, 2015, the Committee held a hearing at 10:30 a.m.
in SD-608 entitled ``Oversight of the Congressional Budget
Office.'' At the invitation of Chairman Enzi, witness testimony
was provided by the Honorable Keith Hall, then-Director of CBO.
On March 4, 2015, the Committee held a hearing at 10:30
a.m. in SD-608 entitled ``Wasteful Duplication in the Federal
Government.'' At the invitation of Chairman Enzi, witness
testimony was provided by the Honorable Gene L. Dodaro,
Comptroller General, GAO.
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