    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
    [104th Congress]
    [House Document 103-342]
    [Miscellaneous Provisions Of Congressional Budget Laws]
    [Pages 867-982]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 867]]

    ========================================================================

                            CONGRESSIONAL BUDGET ACT

                BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT

    ========================================================================

    [[Page 869]]

                             BUDGET ENFORCEMENT ACT

                            CONGRESSIONAL BUDGET ACT

    EXCERPTS RELATING TO LEGISLATIVE PROCEDURE FROM THE CONGRESSIONAL BUDGET
                                   __________

                       ACT OF 1974 (2 U.S.C. 601 ET SEQ.)

                             DECLARATION OF PURPOSES

      Sec. 2. The Congress declares that it is essential--

              (1) to assure effective congressional control over the

            budgetary process;

              (2) to provide for the congressional determination each year

            of the appropriate level of Federal revenues and expenditures;

              (3) to provide a system of impoundment control;

              (4) to establish national budget priorities; and

              (5) to provide for the furnishing of information by the

            executive branch in a manner that will assist the Congress in

            discharging its duties.

                                   DEFINITIONS

      Sec. 3. In General.--For purposes of this Act--

      (1) The terms ``budget outlays'' and ``outlays'' mean, with respect to
    any fiscal year, expenditures and net lending of funds under budget
    authority during such year.

      (2) Budget authority and new budget authority.--

              (A) In general.--The term ``budget authority'' means the

            authority provided by Federal law to incur financial

            obligations, as follows:

                      (i) provisions of law that make funds available for

                    obligation and expenditure (other than borrowing

                    authority), including the authority to obligate and

                    expend the proceeds of offsetting receipts and

                    collections;

                      (ii) borrowing authority, which means authority

                    granted to a Federal entity to borrow and obligate and

                    expend the borrowed funds, including through the

                    issuance of promissory notes or other monetary credits;

    [[Page 870]]

                      (iii) contract authority, which means the making of

                    funds available for obligation but not for expenditure;

                    and

                      (iv) offsetting receipts and collections as negative

                    budget authority, and the reduction thereof as positive

                    budget authority.

              (B) Limitations on budget authority.--With respect to the

            Federal Hospital Insurance Trust Fund, the Supplementary Medical

            Insurance Trust Fund, the Unemployment Trust Fund, and the

            railroad retirement account, any amount that is precluded from

            obligation in a fiscal year by a provision of law (such as a

            limitation or a benefit formula) shall not be budget authority

            in that year.

              (C) New budget authority.--The term ``new budget authority''

            means, with respect to a fiscal year--

                      (i) budget authority that first becomes available for

                    obligation in that year, including budget authority that

                    becomes available in that year as a result of a

                    reappropriation; or

                      (ii) a change in any account in the availability of

                    unobligated balances of budget authority carried over

                    from a prior year, resulting from a provision of law

                    first effective in that year;

            and includes a change in the estimated level of new budget

            authority provided in indefinite amounts by existing law.
    The term includes the cost for direct loan and loan guarantee programs,
    as those terms are defined by title V.

      (3) The term ``tax expenditures'' means those revenue losses
    attributable to provisions of the Federal tax laws which allow a special
    exclusion, exemption, or deduction from gross income or which provide a
    special credit, a preferential rate of tax, or a deferral of tax
    liability, and the term ``tax expenditures budget'' means an enumeration
    of such tax expenditures.

      (4) The term ``concurrent resolution on the budget'' means--

              (A) a concurrent resolution setting forth the congressional

            budget for the United States Government for a fiscal year as

            provided in section 301; and

              (B) any other concurrent resolution revising the congressional

            budget for the United States Government for a fiscal year as

            described in section 304.

    [[Page 871]]

      (5) The term ``appropriation Act'' means an Act referred to in section
    105 of title 1, United States Code.

      (6) The term ``deficit'' means, with respect to a fiscal year, the
    amount by which outlays exceeds receipts during that year.

      (7) The term ``surplus'' means, with respect to a fiscal year, the
    amount by which receipts exceeds outlays during that year.

      (8) The term ``government-sponsored enterprise'' means a corporate
    entity created by a law of the United States that--

              (A)(i) has a Federal charter authorized by law;

              (ii) is privately owned, as evidenced by capital stock owned

            by private entities or individuals;

              (iii) is under the direction of a board of directors, a

            majority of which is elected by private owners;

              (iv) is a financial institution with power to--

                      (I) make loans or loan guarantees for limited purposes

                    such as to provide credit for specific borrowers or one

                    sector; and

                      (II) raise funds by borrowing (which does not carry

                    the full faith and credit of the Federal Government) or

                    to guarantee the debt of others in unlimited amounts;

                    and

              (B)(i) does not exercise powers that are reserved to the

            Government as sovereign (such as the power to tax or to regulate

            interstate commerce);

              (ii) does not have the power to commit the Government

            financially (but it may be a recipient of a loan guarantee

            commitment made by the Government); and

              (iii) has employees whose salaries and expenses are paid by

            the enterprise and are not Federal employees subject to title 5

            of the United States Code.

      (9) The term ``entitlement authority'' means spending authority
    described by section 401(c)(2)(C).

      (10) The term ``credit authority'' means authority to incur direct
    loan obligations or to incur primary loan guarantee commitments.

    [[Page 872]]
    budget authority within the meaning of this section, but are merely
    funds to liquidate contractual obligations previously incurred pursuant
    to new discretionary contract authority previously reported from and
    scored against allocations to the Committee on Public Works and
    Transportation (now Transportation and Infrastructure) as the authority
    to enter into obligations that will result in immediate or future
    outlays (July 30, 1986, p. 18154).

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) modified
    paragraphs (2) and (6) of this section and added new paragraphs (7) and
    (8). Two separate sections of the 1990 Act amended paragraph (2).
    Section 13201 added a new sentence at the end of the paragraph. Section
    13211 rewrote paragraph entirely, effective for fiscal years after 1991.
    The text depicted here attempts to harmonize the two; but see 2 U.S.C.
    622(2). The Balanced Budget and Emergency Deficit Control Act of 1985
    (tit. II of P.L. 99-177) added paragraphs (9) and (10). Amounts of
    liquidating cash provided in the Department of Transportation
    Appropriations bill are not new

             *            *            *            *            *

                     TITLE III--CONGRESSIONAL BUDGET PROCESS

                                    TIMETABLE

      Sec. 300. The timetable with respect to the congressional budget
    process for any fiscal year is as follows:

                     On or before:                   Action to be completed:

    First Monday in February......................  President submits his

                                                     budget.
    Febuary 15....................................  Congressional Budget

                                                     Office submits report

                                                     to Budget Committees.
    February 25...................................  Committees submit views

                                                     and estimates to Budget

                                                     Committees.
    April 1.......................................  Senate Budget Committee

                                                     reports concurrent

                                                     resolution on the

                                                     budget.
    April 15......................................  Congress completes

                                                     action on concurrent

                                                     resolution on the

                                                     budget.
    May 15........................................  Annual appropriation

                                                     bills may be considered

                                                     in the House.
    June 10.......................................  House Appropriations

                                                     Committee reports last

                                                     annual appropriation

                                                     bill.
    June 15.......................................  Congress completes

                                                     action on

                                                     reconciliation

                                                     legislation.
    June 30.......................................  House completes action

                                                     on annual appropriation

                                                     bills.
    October 1.....................................  Fiscal year begins.

             ANNUAL ADOPTION OF CONCURRENT RESOLUTION ON THE BUDGET

    [[Page 873]]
    of such year, and planning levels for each of the two ensuing fiscal
    years, for the following--
      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

              (1) totals of new budget authority, budget outlays, direct

            loan obligations, and primary loan guarantee commitments;

              (2) total Federal revenues and the amount, if any, by which

            the aggregate level of Federal revenues should be increased or

            decreased by bills and resolutions to be reported by the

            appropriate committees;

              (3) the surplus or deficit in the budget;

              (4) new budget authority, budget outlays, direct loan

            obligations, and primary loan guarantee commitments for each

            major functional category, based on allocations of the total

            levels set forth pursuant to paragraph (1);

              (5) the public debt;

              (6) for purposes of Senate enforcement under this title,

            outlays of the old-age, survivors, and disability insurance

            program established under title II of the Social Security Act

            for the fiscal year of the resolution and for each of the 4

            succeeding fiscal years; and

              (7) for purposes of Senate enforcement under this title,

            revenues of the old-age, survivors, and disability insurance

            program established under title II of the Social Security Act

            (and the related provisions of the Internal Revenue Code of

            1986) for the fiscal year of the resolution and for each of the

            4 succeeding fiscal years.
    The concurrent resolution shall not include the outlays and revenue
    totals of the old age, survivors, and disability insurance program
    established under title II of the Social Security Act or the related
    provisions of the Internal Revenue Code of 1986 in the surplus or
    deficit totals required by this subsection or in any other surplus or
    deficit totals required by this title.

      (b) Additional Matters in Concurrent Resolution.--The concurrent
    resolution on the budget may--

              (1) set forth, if required by subsection (f), the calendar

            year in which, in the opinion of the Congress, the goals for

            reducing unemployment set forth in section 4(b) of the

            Employment Act of 1946 should be achieved;

              (2) include reconciliation directives described in section

            310;

              (3) require a procedure under which all or certain bills or

    [[Page 874]]
            resolutions providing new budget authority or

            new entitlement authority for such fiscal year shall not be enrolled

            until the Congress has completed action on any reconciliation

            bill or reconciliation resolution or both required by such

            concurrent resolution to be reported in accordance with section

            310(b);

              (4) set forth such other matters, and require such other

            procedures, relating to the budget, as may be appropriate to

            carry out the purposes of this Act;

              (5) include a heading entitled ``Debt Increase as Measure of

            Deficit'' in which the concurrent resolution shall set forth the

            amounts by which the debt subject to limit (in section 3101 of

            title 31 of the United States Code) has increased or would

            increase in each of the relevant fiscal years;

              (6) include a heading entitled ``Display of Federal Retirement

            Trust Fund Balances'' in which the concurrent resolution shall

            set forth the balances of the Federal retirement trust funds;

              (7) set forth pay-as-you-go procedures for the Senate

            whereby--

                      (A) budget authority and outlays may be allocated to a

                    committee for legislation that increases funding for

                    entitlement and mandatory spending programs within its

                    jurisdiction if that committee or the committee of

                    conference on such legislation reports such legislation,

                    if, to the extent that the costs of such legislation are

                    not included in the concurrent resolution on the budget,

                    the enactment of such legislation will not increase the

                    deficit (by virtue of either deficit reduction in the

                    bill or previously passed deficit reduction) in the

                    resolution for the first fiscal year covered by the

                    concurrent resolution on the budget, and will not

                    increase the total deficit for the period of fiscal

                    years covered by the concurrent resolution on the

                    budget;

                      (B) upon the reporting of legislation pursuant to

                    subparagraph (A), and again upon the submission of a

                    conference report on such legislation (if a conference

                    report is submitted), the chairman of the Committee on

                    the Budget of the Senate may file with the Senate

                    appropriately revised allocations under section 302(a)

                    and revised functional levels and aggregates to carry

                    out this paragraph;

                      (C) such revised allocations, functional levels, and

    [[Page 875]]
                    aggregates shall be considered for the pur

                    poses of this Act as allocations, functional levels, and

                    aggregates contained in the concurrent resolution on the

                    budget; and

                      (D) the appropriate committee shall report

                    appropriately revised allocations pursuant to section

                    302(b) to carry out this paragraph; and

              (8) set forth procedures to effectuate pay-as-you-go in the

            House of Representatives.

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) added
    paragraphs (6) and (7) and a new last sentence to subsection (a), added
    paragraphs (5)-(8) to subsection (b), and added section 606, infra,
    requiring that a concurrent resolution on the budget set forth
    appropriate levels for five fiscal years for the matters described in
    subsection (a). Title III had previously been comprehensively amended by
    the Balanced Budget and Emergency Deficit Control Act of 1985 (tit. II,
    P.L. 99-177).

    [[Page 876]]
    current resolution on the budget for that year (similar to the section
    311 ceiling for direct budget authority). Also included was a
    prohibition against consideration in either House of measures providing
    new budget or entitlement authority until the reporting committee filed
    a report in the House concerning its section 302(b) allocation (now
    section 302(c)) and a direction that if a second concurrent resolution
    on the budget for fiscal 1983 was not finally adopted by October 1, then
    the aggregate amounts in that first concurrent resolution would become
    the spending ceilings and revenue floor for the purposes of section 311
    (S. Con. Res. 92, June 22, 1982, p. 14542). The first concurrent
    resolution on the budget for fiscal year 1984 likewise contained the
    latter provision, but also provided that a point of order under section
    311 of the Budget Act would not apply if spending contained in a bill
    remained within the reporting committee's discretionary allocation under
    section 302 of the Budget Act (a similar exception is now section
    311(b)). The 1984 resolution also contained a new provision reserving
    specific amounts of budget authority and outlays for subsequent
    allocation to committees by the Committee on the Budget (H. Con. Res.
    91, June 23, 1983, p. 17065; see also Mar. 6, 1984, p. 4621, for a
    statement by Speaker O'Neill describing the operation and effect of the
    latter provision). The first concurrent resolution on the budget for
    fiscal year 1985 included a similar provision that it be treated as the
    second budget resolution for that year on October 1, 1984, for the
    purposes of the section 311 spending ceilings and revenue levels, but
    that a point of order not apply where the committee in question had not
    exceeded its section 302(a) allocations. The resolution also provided
    that legislation providing budget authority, entitlement authority, or
    credit authority not be considered until the reporting committee filed
    the requisite report concerning its section 302(b) allocations (H. Con.
    Res. 280, Oct. 1, 1984, p. 26889).
      The prescribed content of a concurrent resolution on the budget under
    the prior version of section 301 evolved over time. Pursuant to the
    authority to include other ``appropriate procedures'' under then section
    301(b)(2) of the Budget Act, the first concurrent resolution on the
    budget for fiscal year 1981 (which also contained the third concurrent
    resolution on the budget for fiscal year 1980, budget targets for fiscal
    years 1981 and 1983, and other related matters) contained new provisions
    directing House and Senate Committees to report to their respective
    Budget Committees reconciliation legislation reducing spending for
    fiscal year 1981 (H. Con. Res. 307, June 12, 1980, pp. 14505-19). The
    final adoption of that concurrent resolution also had the effect of
    triggering provisions of rule XLIX, adopted in the 96th Congress,
    requiring the automatic engrossment of a joint resolution setting the
    public debt limit (see Sec. 945, supra). The first concurrent resolution
    on the budget for fiscal year 1982, in addition to other new
    ``appropriate procedures,'' included in its reconciliation instructions
    directions to several House and Senate committees to report reductions
    in both entitlement spending authority and discretionary authorization
    programs sufficient to reduce budget authority and outlays separately
    for each of three fiscal years, and included a ``deferred enrollment''
    procedure relating to bills containing new budget authority and
    entitlement spending authority in excess of allocations to committees
    (H. Con. Res. 115, May 20, 1981, p. 10309). The first concurrent
    resolution on the budget for fiscal year 1983, in addition to other new
    ``appropriate procedures,'' included a binding Federal credit budget for
    two fiscal years, containing not only aggregate and functional category
    targets for new direct loan obligations and new primary and secondary
    loan guarantee commitments, but also (1) prohibiting consideration of
    bills authorizing new loan obligations or new loan guarantee commitments
    not subject to the appropriations process with certain exceptions (now
    section 402(a)), and (2) establishing a ceiling on total new direct loan
    obligations and new primary or secondary loan guarantee commitments for
    the ensuing fiscal year upon adoption of the second con

      In 1986, the first concurrent resolution on the budget since the
    enactment of the Balanced Budget and Emergency Deficit Control Act of
    1985 (P.L. 99-177, Dec. 12, 1985), the recommended deficit level for the
    ensuing fiscal year 1987 was below the maximum deficit amount as then
    specified, thus permitting consideration of the conference reported
    amendment in disagreement pursuant to then section 301(i) without a
    waiver by three-fifths vote in either House (June 26, 1986, p. 15740).
    That concurrent resolution also contained a ``contingency fund'' for
    deficit reduction and unmet critical needs, additional general revenue
    sharing funding beyond levels contained therein if deficits not
    increased and authorization enacted, and a provision authorizing a
    report to be filed by the Chairman of the House Budget Committee by a
    date certain to be printed and to constitute allocations of new budget
    authority and outlays required by section 302(a) (where the conferees
    did not have time to prepare allocations prior to filing of the
    conference report).

    [[Page 877]]
    year. It also contained a provision encouraging sales of government
    assets to non-government buyers but providing that amounts realized not
    be treated as revenues, receipts, or negative outlays for purposes of
    specified budget enforcement and scorekeeping procedures (H. Con. Res.
    93, June 23, 1987, p. 16879). The concurrent resolutions on the budget
    for fiscal years 1989-1991 and for fiscal years 1990-1992, respectively,
    each contained a section stating that, for purposes of allocations and
    points of order under section 302 of the Budget Act, amounts realized
    from asset sales and prepayments of loans would not be allocated or
    scored as affecting budget authority or outlays (H. Con. Res. 268, May
    26, 1988, p. 12531; H. Con. Res. 106, May 17, 1989, p. 9127). The
    concurrent resolution on the budget for fiscal year 1989-1991 also
    contained a section providing for a subsequent allocation of budget
    authority and outlays for fiscal year 1989 upon the reporting by
    appropriate committees of an anti-drug initiative (H. Con. Res. 268, May
    26, 1988, p. 12531). The concurrent resolution on the budget for fiscal
    years 1995-1999 included provisions (1) adjusting allocations of budget
    authority, new entitlement authority, and outlays and adjusting total
    levels of budget authority, outlays, and revenues for health care reform
    in the House (within a maximum aggregate deficit for fiscal years 1995-
    1999), and (2) adjusting committee allocations, budget aggregates, and
    the maximum deficit amount contingent on certain IRS compliance
    initiatives (H. Con. Res. 218, May 4, 1994, p. ----). The concurrent
    resolution on the budget for fiscal years 1996-2002 established a budget
    surplus allowance contemplating tax reductions only as part of a
    legislative package producing a balanced budget by fiscal year 2002;
    corrected a disparity that had arisen under the Federal Credit Reform
    Act of 1990 for the scoring of student loans; and established a process
    for certifying a balanced budget before the House could consider a
    reconciliation bill reducing taxes (H. Con. Res. 67, June 29, 1995, p.
    ----).

      The concurrent resolution on the budget for fiscal years 1988-1990
    contained a provision permitting the first concurrent resolution to
    ``become'' a second binding concurrent resolution only at the beginning
    of the fiscal

      (c) Consideration of Procedures or Matters Which Have the Effect of
    Changing any Rule of the House of Representatives.--If the Committee on
    the Budget of the House of Representatives reports any concurrent
    resolution on the budget which includes any procedure or matter which
    has the effect of changing any rule of the House of Representatives,
    such concurrent resolution shall then be referred to the Committee on
    Rules with instructions to report it within five calendar days (not
    counting any day on which the House is not in session). The Committee on
    Rules shall have jurisdiction to report any concurrent resolution
    referred to it under this paragraph with an amendment or amendments
    changing or striking out any such procedure or matter.

    [[Page 878]]
    committee of the House of Representatives having legislative
    jurisdiction shall submit to the Committee on the Budget of the House
    and each committee of the Senate having legislative jurisdiction shall
    submit to the Committee on the Budget of the Senate its views and
    estimates (as determined by the committee making such submission) with
    respect to all matters set forth in subsections (a) and (b) which relate
    to matters within the jurisdiction or functions of such committee. The
    Joint Economic Committee shall submit to the Committees on the Budget of
    both Houses its recommendations as to the fiscal policy appropriate to
    the goals of the Employment Act of 1946. Any other committee of the
    House of Representatives or the Senate may submit to the Committee on
    the Budget of its House, and any joint committee of the Congress may
    submit to the Committees on the Budget of both Houses, its views and
    estimates with respect to all matters set forth in subsections (a) and
    (b) which relate to matters within its jurisdiction or functions. Any
    Committee of the House of Representatives or the Senate that anticipates
    that the committee will consider any proposed legislation establishing,
    amending, or reauthorizing any Federal program likely to have a
    significant budgetary impact on any State, local, or tribal government,
    or likely to have a significant financial impact on the private sector,
    including any legislative proposal submitted by the executive branch
    likely to have such a budgetary or financial impact, shall include its
    views and estimates on that proposal to the Committee on the Budget of
    the applicable House.

      (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, each

    [[Page 879]]
    companying such concurrent resolution shall include, but not be limited
    to--
      (e) Hearings and Report.--In developing the concurrent resolution on
    the budget referred to in subsection (a) for each fiscal year, the
    Committee on the Budget of each House shall hold hearings and shall
    receive testimony from Members of Congress and such appropriate
    representatives of Federal departments and agencies, the general public,
    and national organizations as the committee deems desirable. Each of the
    recommendations as to short-term and medium-term goals set forth in the
    report submitted by the members of the Joint Economic Committee under
    subsection (d) may be considered by the Committee on the Budget of each
    House as part of its consideration of such concurrent resolution, and
    its report may reflect its views thereon, including its views on how the
    estimates of revenues and levels of budget authority and outlays set
    forth in such concurrent resolution are designed to achieve any goals it
    is recommending. The report ac

              (1) a comparison of revenues estimated by the committee with

            those estimated in the budget submitted by the President;

              (2) a comparison of the appropriate levels of total budget

            outlays and total new budget authority, total direct loan

            obligations, total primary loan guarantee commitments, as set

            forth in such concurrent resolution, with those estimated or

            requested in the budget submitted by the President;

              (3) with respect to each major functional category, an

            estimate of budget outlays and an appropriate level of new

            budget authority for all proposed programs and for all existing

            programs (including renewals thereof), with the estimate and

            level for existing programs being divided between permanent

            authority and funds provided in appropriation Acts, and with

            each such division being subdivided between controllable amounts

            and all other amounts;

              (4) an allocation of the level of Federal revenues recommended

            in the concurrent resolution among the major sources of such

            revenues;

              (5) the economic assumptions and objectives which underlie

            each of the matters set forth in such concurrent resolution and

            any alternative economic assumptions and objectives which the

            committee considered;

              (6) projections (not limited to the following), for the period

            of five fiscal years beginning with such fiscal year, of the

            estimated levels of total budget outlays and total new budget

            authority, the estimated revenues to be received, and the

            estimated surplus or deficit, if any, for each fiscal year in

            such period, and the estimated levels of tax expenditures (the

            tax expenditures budget) by major functional categories;

              (7) a statement of any significant changes in the proposed

            levels of Federal assistance to State and local governments;

              (8) 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 concurrent resolution;

              (9) allocations described in section 302(a); and

              (10) an analysis, prepared after consultation with the

            Director of the Congressional Budget Office, of the concurrent

    [[Page 880]]
            resolution's impact on the international

            competitiveness of United States business and the United States balance

            of payments position and shall include the following

            projections, based upon the best information available at the

            time, for the fiscal year covered by the concurrent resolution--

                      (A) the amount of borrowing by the Government in

                    private credit markets;

                      (B) net domestic savings (defined as personal savings,

                    corporate savings, and the fiscal surplus of State and

                    local governments);

                      (C) net private domestic investment;

                      (D) the merchandise trade and current accounts;

                      (E) the net increase or decrease in foreign

                    indebtedness (defined as net foreign investment); and

                      (F) the estimated direction and extent of the

                    influence of the Government's borrowing in private

                    credit markets on United States dollar interest rates

                    and on the real effective exchange rate of the United

                    States dollar.

      (f) Achievement of Goals for Reducing Unemployment.--

              (1) If, pursuant to section 4(c) of the Employment Act of

            1946, the President recommends in the Economic Report that the

            goals for reducing unemployment set forth in section 4(b) of

            such Act be achieved in a year after the close of the five-year

            period prescribed by such subsection, the concurrent resolution

            on the budget for the fiscal year beginning after the date on

            which such Economic Report is received by the Congress may set

            forth the year in which, in the opinion of the Congress, such

            goals can be achieved.

              (2) After the Congress has expressed its opinion pursuant to

            paragraph (1) as to the year in which the goals for reducing

            unemployment set forth in section 4(b) of the Employment Act of

            1946 can be achieved, if, pursuant to section 4(e) of such Act,

            the President recommends in the Economic Report that such goals

            be achieved in a year which is different from the year in which

            the Congress has expressed its opinion that such goals should be

            achieved, either in its action pursuant to paragraph (1) or in

            its most recent action pursuant to this paragraph, the

            concurrent resolution on the budget for the fiscal year

            beginning after the date on which such Economic Report is

    [[Page 881]]
            received by

            the Congress may set forth the year in which, in the opinion of the

            Congress, such goals can be achieved.

              (3) It shall be in order to amend the provision of such

            resolution setting forth such year only if the amendment thereto

            also proposes to alter the estimates, amounts, and levels (as

            described in subsection (a)) set forth in such resolution in

            germane fashion in order to be consistent with the economic

            goals (as described in sections 3(a)(2) and (4)(b) of the

            Employment Act of 1946) which such amendment proposes can be

            achieved by the year specified in such amendment.

      (g) Economic Assumptions.--

              (1) It shall not be in order in the Senate to consider any

            concurrent resolution on the budget for a fiscal year, or any

            amendment thereto, or any conference report thereon, that sets

            forth amounts and levels that are determined on the basis or

            more than one set of economic and technical assumptions.

              (2) The joint explanatory statement accompanying a conference

            report on a concurrent resolution on the budget shall set forth

            the common economic assumptions upon which such joint statement

            and conference report are based, or upon which any amendment

            contained in the joint explanatory statement to be proposed by

            the conferees in the case of technical disagreement, is based.

              (3) Subject to periodic reestimation based on changed economic

            conditions or technical estimates, determinations under titles

            III and IV of the Congressional Budget Act of 1974 shall be

            based upon such common economic and technical assumptions.

      (h) Budget Committee's Consultation With Committees.--The Committee on
    the Budget of the House of Representatives shall consult with the
    committees of its House having legislative jurisdiction during the
    preparation, consideration, and enforcement of the concurrent resolution
    on the budget with respect to all matters which relate to the
    jurisdiction or functions of such committees.

    [[Page 882]]
    unless such provision changes the income tax treatment of social
    security benefits.

      (i) It shall not be in order in the Senate to consider any concurrent
    resolution on the budget as reported to the Senate that would decrease
    the excess of social security revenues over social security outlays in
    any of the fiscal years covered by the concurrent resolution. No change
    in chapter 1 of the Internal Revenue Code of 1986 shall be treated as
    affecting the amount of social security revenues

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) modified this portion of section 301 by: (1) inserting
    a new subsection on referral of budget resolutions to the Rules
    Committee; (2) amending and redesignating existing subsections (c), (d),
    and (e) as (d), (e), and (f), respectively; and (3) adding new
    subsections (g), (h), and (i). Public Law 100-119 amended subsection (g)
    and extended until September 30, 1993, a point of order under subsection
    (i), precluding consideration of a concurrent resolution on the budget
    exceeding the pertinent maximum deficit amount absent a three-fifths
    vote. The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508)
    eliminated that point of order from subsection (i). The Omnibus Trade
    and Competitiveness Act of 1988 (P.L. 100-418) added paragraph (10) to
    subsection (e), effective only for fiscal years 1989 through 1992.
    Previously, the Full Employment and Balanced Growth Act of 1978 (P.L.
    95-523) amended this section by: (1) adding a new paragraph (6) to
    subsection (a) and redesignating the succeeding paragraph (both of which
    were later repealed by P.L. 99-177); (2) adding a new second sentence to
    subsection (c) (now contained in subsection (d)); and (3) adding a new
    subsection (e) (now designated as (f)), relating to the review of the
    Economic Report as part of the Congressional budget process, and
    allowing the inclusion in the budget resolution of a timetable for
    achieving unemployment goals under the Employment Act of 1946. The last
    sentence of subsection (d) was added by the Unfunded Mandates Reform Act
    of 1995 (sec. 102(2), P.L. 104-4; 109 Stat. 62).

      The House and Senate completed final action on the first concurrent
    resolution on the budget considered under the Congressional Budget Act
    by adopting a conference report thereon on May 14, 1975 (p. 14329). That
    concurrent resolution contained aggregate figures only for revenues,
    budget authority, budget outlays, deficit and public debt, since the
    Budget Committee had not implemented the functional categories
    provisions of the Act for fiscal year 1976.

      On May 13, 1976, the House and Senate completed final action on the
    first concurrent resolution for fiscal year 1977, the first year of full
    implementation of title III of the Congressional Budget Act (p. 13776).

                              COMMITTEE ALLOCATIONS

      Sec. 302. (a) Allocation of Totals.--

              (1) For the House of Representatives, the joint explanatory

            statement accompanying a conference report on a concurrent

            resolution on the budget shall include an estimated allocation,

            based upon such concurrent resolution as recommended in such

            conference report, of the appropriate levels of total budget

    [[Page 883]]
            outlays, total new budget authority, and total entitlement

            authority among each committee of the House of Representatives which

            has jurisdiction over laws, bills and resolutions providing such

            new budget authority, or such entitlement authority. The

            allocation shall, for each committee, divide new budget

            authority, and entitlement authority between amounts provided or

            required by law on the date of such conference report (mandatory

            or uncontrollable amounts), and amounts not so provided or

            required (discretionary or controllable amounts), and shall make

            the same division for estimated outlays that would result from

            such new budget authority.

              (2) For the Senate, the joint explanatory statement

            accompanying a conference report on a concurrent resolution on

            the budget shall include an estimated allocation, based upon

            such concurrent resolution as recommended in such conference

            report, of the appropriate levels of social security outlays for

            the fiscal year of the resolution and for each of the 4

            succeeding fiscal years, total budget outlays and total new

            budget authority among each committee of the Senate which has

            jurisdiction over bills and resolutions providing such new

            budget authority.

      (b) Reports by Committees.--As soon as practicable after a concurrent
    resolution on the budget is agreed to--

              (1) the Committee on Appropriations of each House shall, after

            consulting with the Committee on Appropriations of the other

            House, (A) subdivide among its subcommittees the allocation of

            budget outlays and new budget authority allocated to it in the

            joint explanatory statement accompanying the conference report

            on such concurrent resolution, and (B) further subdivide the

            amount with respect to each such subcommittee between

            controllable amounts and all other amounts; and

              (2) every other committee of the House and Senate to which an

            allocation was made in such joint explanatory statement shall,

            after consulting with the committee or committees of the other

            House to which all or part of its allocation was made, (A)

            subdivide such allocation among its subcommittees or among

            programs over which it has jurisdiction, and (B) further

            subdivide the amount with respect to each subcommittee or

            program between controllable amounts and all other amounts.

    [[Page 884]]

    Each such committee shall promptly report to its House the subdivisions
    made by it pursuant to this subsection.

      (c) Point of Order.--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, providing--

              (1) new budget authority for a fiscal year; or

              (2) new spending authority as described in section 401(c)(2)

            for a fiscal year;
    within the jurisdiction of any committee which has received an
    appropriate allocation of such authority pursuant to subsection (a) for
    such fiscal year, unless and until such committee makes the allocation
    or subdivisions required by subsection (b), in connection with the most
    recently agreed to concurrent resolution on the budget for such fiscal
    year.

      (d) Subsequent Concurrent Resolutions.--In the case of a concurrent
    resolution on the budget referred to in section 304, the allocations
    under subsection (a) and the subdivisions under subsection (b) shall be
    required only to the extent necessary to take into account revisions
    made in the most recently agreed to concurrent resolution on the budget.

      (e) Alteration of Allocations.--At any time after a committee reports
    the allocations required to be made under subsection (b), such committee
    may report to its House an alteration of such allocations. Any
    alteration of such allocations must be consistent with any actions
    already taken by its House on legislation within the committee's
    jurisdiction.

      (f) Legislation Subject to Point of Order.--

              (1) In the house of representatives.--After the Congress has

            completed action on a concurrent resolution on the budget for a

            fiscal year, it shall not be in order in the House of

            Representatives to consider any bill, joint resolution, or

            amendment providing new budget authority for such fiscal year or

            new entitlement authority effective during such 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

    [[Page 885]]

                      (C) the enactment of such bill or resolution in the

                    form recommended in such conference report,

            would cause the appropriate allocation made pursuant to

            subsection (b) for such fiscal year of new discretionary budget

            authority or new entitlement authority to be exceeded.

              (2) In the senate.--At any time after the Congress has

            completed action on the concurrent resolution on the budget

            required to be reported under section 301(a) for a fiscal year,

            it shall not be in order in the Senate to consider any bill,

            joint resolution, amendment, motion, or conference report, that

            provides for budget outlays, new budget authority, or new

            spending authority (as defined in section 401(c)(2)) in excess

            of (A) the appropriate allocation of such outlays or authority

            reported under subsection (a), or (B) the appropriate allocation

            (if any) of such outlays or authority reported under subsection

            (b) in connection with the most recently agreed to concurrent

            resolution on the budget for such fiscal year or provides for

            social security outlays in excess of the appropriate allocation

            of social security outlays under subsection (a) for the fiscal

            year of the resolution or for the total of that year and the 4

            succeeding fiscal years. Subparagraph (A) shall not apply to any

            bill, resolution, amendment, motion, or conference report that

            is within the jurisdiction of the Committee on Appropriations.

            In applying this paragraph--

                      (A) estimated social security outlays shall be deemed

                    to be reduced by the excess of estimated social security

                    revenues (including social security revenues provided

                    for in the bill, resolution, amendment, or conference

                    report with respect to which this paragraph is applied)

                    over the appropriate level of social security revenues

                    specified in the most recently adopted concurrent

                    resolution on the budget;

                      (B) estimated social security outlays shall be deemed

                    increased by the shortfall of estimated social security

                    revenues (including social security revenues provided

                    for in the bill, resolution, amendment, or conference

                    report with respect to which this paragraph is applied)

                    below the appropriate level of social security revenues

                    specified in the most recently adopted concurrent

                    resolution on the budget; and

    [[Page 886]]

                      (C) no provision of any bill or resolution, or any

                    amendment thereto or conference report thereon,

                    involving a change in chapter 1 of the Internal Revenue

                    Code of 1986 shall be treated as affecting the amount of

                    social security revenues unless such provision changes

                    the income tax treatment of social security benefits.

            The Chairman of the Committee on the Budget of the Senate may

            file with the Senate appropriately revised allocations under

            subsection (a) and revised functional levels and aggregates to

            reflect the application of the preceding sentence. Such revised

            allocations, functional levels, and aggregates shall be

            considered as allocations, functional levels, and aggregates

            contained in the most recently agreed to concurrent resolution

            on the budget, and the appropriate committees shall report

            revised allocations pursuant to subsection (b).

      (g) Determinations by Budget Committees.--For purposes of this
    section, the levels of new budget authority, spending authority as
    described in section 401(c)(2), outlays, and new credit authority for a
    fiscal year shall be determined on the basis of estimates made by the
    Committee on the Budget of the House of Representatives or the Senate,
    as the case may be.

      Section 302 was amended by the Balanced Budget and Emergency Deficit
    Control Act of 1985 (tit. II, P.L. 99-177) to: (1) add appropriate
    levels of total entitlement authority and total credit authority to the
    allocations required by subsection (a), with all levels further divided
    into mandatory and discretionary amounts; (2) add new credit authority
    to the subdivisions required of the Appropriations Committees by
    subsection (b)(1); (3) redesignate subsection (c) as (d); and (4) add
    new subsections (c), (e), (f), and (g). The Budget Enforcement Act of
    1990 (tit. XIII, P.L. 101-508) removed credit authority from the purview
    of points of order under this section by deleting all references to
    credit authority in subsections (a), (b), (c), and (f), effective for
    fiscal years beginning after September 30, 1991. That law also amended
    subsections (c) and (f) to standardize their application to bills, joint
    resolutions, amendments, motions, or conference reports.

    [[Page 887]]
    does not extend to an amendment providing new budget authority in
    addition to the amounts contained in the bill (July 13, 1987, p. 19514).
      A point of order under section 302(f) operates with respect to a bill
    or joint resolution in reported state and thus does not lie against
    consideration of an unreported measure (Mar. 21, 1995, p. ----). Points
    of order under section 302(c) apply separately to the consideration of
    bills and amendments, and thus a waiver of points of order against
    consideration of an appropriation bill prior to the filing of a report
    from the Committee on Appropriations allocating new budget authority
    among its subcommittees

      An amendment that proposes offsetting increases and decreases in new
    budget authority is not subject to a point of order under section 302(f)
    (May 9, 1995, p. ----). Amendments to an appropriation bill making a
    series of figure changes intended to offset one another and considered
    en bloc, are subject to points of order under section 302(f) where the
    intended reductions in new discretionary budget authority fail to offset
    increases in such authority, so that the net effect of the amendments is
    to cause the bill to exceed the appropriate allocation of new
    discretionary budget authority made pursuant to section 302(b) for the
    fiscal year (July 30, 1986, p. 18154). An amendment that provides no new
    budget authority or outlays but instead results in outlay savings is not
    subject to a point of order under section 302(f) (June 30, 1987, p.
    18303).

      Where a Senate amendment proposed to increase certain loan guarantees
    that were estimated by the Budget Committee to breach the subcommittee
    subdivision of new credit authority (as then required by this section),
    the Chair sustained a point of order under section 302(f) against a
    motion to concur therein (Oct. 20, 1990, p. ----). Where a limitation on
    funds in a general appropriation bill was estimated under section 302(g)
    to provide negative new budget authority in an amount sufficient to
    avoid a breach of the pertinent allocation of such authority, an
    amendment striking the limitation from the bill was held to provide new
    budget authority causing such a breach, in violation of section 302(f)
    (June 26, 1991, p. ----). An amendment delaying the imposition of a
    certain monetary penalty was held to violate section 302(f) on the basis
    of estimates that, by foregoing offsetting receipts, it provided new
    budget authority in excess of the pertinent allocation of such authority
    to the Committee on Merchant Marine and Fisheries (July 18, 1991, p. --
    --).

     concurrent resolution on the budget must be adopted before legislation
      The 104th Congress authorized the chairman of the Committee on the
    Budget to revise existing allocations under this section among
    committees of the House to reflect changes in jurisdiction under clause
    1 of rule X and to publish the revised allocations in the Congressional
    Record, to the end that the revised allocations be effective in the
    House as though made pursuant to sections 302(a) and 602(a) of the
    Congressional Budget Act of 1974 (sec. 202(c), H. Res. 6, Jan. 4, 1995,
    p. ----).

       providing new budget authority, new spending authority, new credit
    authority, or changes in revenues or the public debt limit is considered

    [[Page 888]]

      Sec. 303. (a) In General.--It shall not be in order in either the
    House of Representatives or the Senate to consider any bill, joint
    resolution, amendment, motion, or conference report as reported to the
    House or Senate which provides--

              (1) new budget authority for a fiscal year;

              (2) an increase or decrease in revenues to become effective

            during a fiscal year;

              (3) an increase or decrease in the public debt limit to become

            effective during a fiscal year;

              (4) new entitlement authority to become effective during a

            fiscal year;

              (5) in the Senate only, new spending authority (as defined in

            section 401(c)(2)) for a fiscal year; or

              (6) in the Senate only, outlays,
    until the concurrent resolution on the budget for such fiscal year (or,
    in the Senate, a concurrent resolution on the budget covering such
    fiscal year) has been agreed to pursuant to section 301.

      (b) Exceptions.--(1) In the House of Representatives, subsection (a)
    does not apply to any bill or resolution--

              (A) providing new budget authority which first becomes

            available in a fiscal year following the fiscal year to which

            the concurrent resolution applies; or

              (B) increasing or decreasing revenues which first become

            effective in a fiscal year following the fiscal year to which

            the concurrent resolution applies.
    After May 15 of any calendar year, subsection (a) does not apply in the
    House of Representatives to any general appropriation bill, or amendment
    thereto, which provides new budget authority for the fiscal year
    beginning in such calendar year.

      (2) In the Senate, subsection (a) does not apply to any bill or
    resolution making advance appropriations for the fiscal year to which
    the concurrent resolution applies and the two succeeding fiscal years.

      (c) Waiver in the Senate.--

              (1) The committee of the Senate which reports any bill or

            resolution (or amendment thereto) to which subsection (a)

            applies may at or after the time it reports such bill or

            resolution (or amendment), report a resolution to the Senate (A)

            providing for the waiver of subsection (a) with respect to such

            bill or resolution (or amendment), and (B) stating the reasons

            why the waiver is necessary. The resolution shall then be

            referred to the Committee on the Budget of the Senate. That

            committee shall report the resolution to the Senate within 10

            days after the resolution is referred to it (not counting any

            day on which the Senate is not in session) beginning with the

            day following the day on which it is so referred, accompanied by

    [[Page 889]]
            the com

            mittee's recommendations and reasons for such recommendations with

            respect to the resolution. If the committee does not report the

            resolution within such 10-day period, it shall automatically be

            discharged from further consideration of the resolution and the

            resolution shall be placed on the calendar.

              (2) During the consideration of any such resolution, debate

            shall be limited to one hour, to be equally divided between, and

            controlled by, the majority leader and minority leader or their

            designees, and the time on any debatable motion or appeal shall

            be limited to twenty minutes, to be equally divided between, and

            controlled by, the mover and the manager of the resolution. In

            the event the manager of the resolution is in favor of any such

            motion or appeal, the time in opposition thereto shall be

            controlled by the minority leader or his designee. Such leaders,

            or either of them, may, from the time under their control on the

            passage of such resolution, allot additional time to any Senator

            during the consideration of any debatable motion or appeal. No

            amendment to the resolution is in order.

              (3) If, after the Committee on the Budget has reported (or

            been discharged from further consideration of) the resolution,

            the Senate agrees to the resolution, then subsection (a) shall

            not apply with respect to the bill or resolution (or amendment

            thereto) to which the resolution so agreed to applies.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) amended subsection 303(a) by: (1) adding the phrase
    ``as reported to the House or Senate''; (2) modifying paragraph (4) to
    apply to new entitlement authority; and (3) adding a paragraph (5)
    relating to new credit authority. The same law amended subsection (b) by
    adding the May 15th exception for general appropriation bills. The
    Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
    subsection (a) to standardize its application to bills, joint
    resolutions, amendments, motions, or conference reports, and by deleting
    the reference in paragraph (5) to new credit authority. That law also
    subdivided subsection (b) into paragraphs relating to exceptions in the
    House and Senate.

      A point of order under section 303(a) operates with respect to a bill
    or joint resolution in reported state and thus does not lie against
    consideration of an unreported measure (Mar. 21, 1995, p. ----).

    [[Page 890]]
    on the budget for those future fiscal years had not yet been adopted
    and the increased entitlements could not be considered merely
    continuations of entitlement authority that became effective in fiscal
    year 1977 (for which a concurrent resolution had been adopted), and
    since the section 303(b) exception, permitting certain advance budget
    authority, does not apply in the case of new entitlement authority
    (Speaker Albert, Sept. 30, 1976, pp. 34074-75). An amendment providing
    new budget authority for a fiscal year before adoption of a budget
    resolution for that year was held to violate section 303, where points
    of order under that section had been waived against the pending bill but
    not against amendments (Aug. 1, 1984, p. 21871; July 17, 1985, pp.
    19435, 19463 (amendment contained in motion to recommit with
    instructions)).
      A conference report containing revenue-sharing provisions in the form
    of new entitlement authority as described in section 401(c)(2)(C) of the
    Budget Act to become effective in fiscal years 1978 through 1980 in
    amounts greater than the amount in fiscal year 1977 was ruled out on a
    point of order under section 303(a), since the first concurrent
    resolution

      To a bill providing eligibility for certain entitlement benefits to
    become effective in the fiscal year for which a budget resolution had
    been adopted, an amendment allowing a deduction in computing household
    income to determine eligibility effective in the next following fiscal
    year, to reflect changes in shelter and utility costs, was ruled out as
    providing new entitlement authority to become effective in a fiscal year
    for which a concurrent resolution on the budget had not been adopted, in
    violation of section 303(a)(4) (July 27, 1977, pp. 25222-23).

      To a bill partially replacing an existing mandatory student loan
    (entitlement) program with a new discretionary program, an amendment
    reducing the discretionary program and commensurately restoring the
    mandatory program was held to violate section 303(a) by providing new
    entitlement authority for the ensuing fiscal year prior to the adoption
    of a concurrent resolution on the budget for that fiscal year (Mar. 26,
    1992, p. ----). Amendments enlarging the class of persons eligible for,
    or increasing the amount of, a government subsidy (lower interest
    payments on student loans) have been held to violate section 303(a) by
    providing new entitlement authority for the ensuing fiscal year prior to
    the adoption of a concurrent resolution on the budget for that fiscal
    year (Mar. 26, 1992, pp. ----, ----, ----, ----, and ----).

      An amendment repealing an agricultural marketing (entitlement) program
    for peanuts over a five-year period was nevertheless held to provide new
    budget authority for the ensuing fiscal year prior to the adoption of
    the budget resolution for that year, in violation of section 303(a),
    where the Chair was persuaded by estimates from the Congressional Budget
    Office that economic conditions under that repeal would result in
    decreased receipts and increased federal outlays during that first
    fiscal year (July 25, 1990, p. ----).

    [[Page 891]]

      An amendment imposing fees on generated electric energy, to be
    deposited in a trust fund, and effective in the ensuing fiscal year, was
    held to violate section 303(a)(3) by increasing revenues effective in
    the ensuing fiscal year, for which a budget resolution had yet to be
    adopted (July 23, 1985, p. 20041).

      In the Senate, the Chair indicated in response to a parliamentary
    inquiry that an amendment providing new entitlement authority to become
    effective in fiscal year 1978, in the form of supplemental security
    income benefits, would violate section 303(a) since the concurrent
    resolution on the budget for that fiscal year had not yet been adopted
    (Oct. 1, 1976, pp. 34554-57). Similarly, an amendment in the Senate to a
    Defense authorization bill, providing a new entitlement program of
    educational assistance to members and veterans of the armed forces, to
    become effective in a future fiscal year, was held to provide new
    entitlement authority before the adoption of the budget resolution for
    that year, in violation of section 303(a) (July 13, 1983, p. 19018; see
    also June 13, 1984, p. 16104).

      The Committee on the Budget of the House of Representatives
    determined, as stated in its second report on the implementation of
    congressional budget procedures for fiscal year 1976 (H. Rept. No. 94-
    457, Oct. 8, 1975), that the section 303(b) exemption for certain
    advance budget or revenue authority ceases to apply with the beginning
    of the fiscal year in question. Therefore, on or after October 1, 1975,
    the beginning of fiscal year 1976, budget authority or revenue measures
    to become effective in fiscal year 1977, could no longer be considered
    under the 303(b) exception but would have to await the final adoption in
    May of the first concurrent resolution on the budget for fiscal year
    1977. But the Senate in the 95th Congress overruled a decision of its
    Presiding Officer holding that the section 303(b) exemption ceased to
    apply after the beginning of the fiscal year preceding the fiscal year
    for which revenue changes were proposed (Oct. 5, 1978, pp. 33945-50).

          PERMISSIBLE REVISIONS OF CONCURRENT RESOLUTIONS ON THE BUDGET

      Sec. 304. (a) In General.--At any time after the concurrent resolution
    on the budget for a fiscal year has been agreed to pursuant to section
    301, and before the end of such fiscal year, the two Houses may adopt a
    concurrent resolution on the budget which revises or reaffirms the
    concurrent resolution on the budget for such fiscal year most recently
    agreed to.

      (b) Economic Assumptions.--The provisions of section 301(g) shall
    apply with respect to concurrent resolutions on the budget under this
    section (and amendments thereto and conference reports thereon) in the
    same way they apply to concurrent resolutions on the budget under such
    section 301(g) (and amendments thereto and conference reports thereon).

    [[Page 892]]
    ignated the subsection on economic assumptions, originally added by
    Public Law 100-119, as (b).

     PROVISIONS RELATING TO THE CONSIDERATION OF CONCURRENT RESOLUTIONS ON
      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) deleted a
    subsection (b), relating to maximum deficit amount requirements for
    revised budget resolutions, that had been added by the Balanced Budget
    and Emergency Deficit Control Act of 1985 (tit. II, P.L. 99-177), and
    redes

                                   THE BUDGET

      Sec. 305. (a) Procedure in House of Representatives After Report of
    Committee; Debate.--(1) When the Committee on the Budget of the House of
    Representatives has reported any concurrent resolution on the budget, it
    is in order at any time after the fifth day (excluding Saturdays,
    Sundays, and legal holidays) following the day on which the report upon
    such resolution by the Committee on the Budget has been available to
    Members of the House and, if applicable, after the first day (excluding
    Saturdays, Sundays, and legal holidays) following the day on which a
    report upon such resolution by the Committee on Rules pursuant to
    section 301(c) has been available to Members of the House (even though a
    previous motion to the same effect has been disagreed to) to move to
    proceed to the consideration of the concurrent resolution. The motion is
    highly privileged and is not debatable. An amendment to the motion is
    not in order, and it is not in order to move to reconsider the vote by
    which the motion is agreed to or disagreed to.

      (2) General debate on any concurrent resolution on the budget in the
    House of Representatives shall be limited to not more than 10 hours,
    which shall be divided equally between the majority and minority
    parties, plus such additional hours of debate as are consumed pursuant
    to paragraph (3). A motion further to limit debate is not debatable. A
    motion to recommit the concurrent resolution is not in order, and it is
    not in order to move to reconsider the vote by which the concurrent
    resolution is agreed to or disagreed to.

      (3) Following the presentation of opening statements on the concurrent
    resolution on the budget for a fiscal year by the chairman and ranking
    minority member of the Committee on the Budget of the House, there shall
    be a period of up to four hours for debate on economic goals and
    policies.

    [[Page 893]]
    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.
      (4) Only if a concurrent resolution on the budget reported by the
    Committee on the Budget of the House sets forth the economic goals (as
    described in sections 3(a)(2) and (4)(b) of the Full Employment Act of
    1946) which the estimates, amounts, and levels (as described in section
    301(a)) set forth in such resolution are designed to

      (5) Consideration of any concurrent resolution on the budget by the
    House of Representatives shall be in the Committee of the Whole, and the
    resolution shall be considered for amendment under the five-minute rule
    in accordance with the applicable provisions of rule XXIII of the Rules
    of the House of Representatives. After the Committee rises and reports
    the resolution back to the House, the previous question shall be
    considered as ordered on the resolution and any amendments thereto to
    final passage without intervening motion; except that it shall be in
    order at any time prior to final passage (notwithstanding any other rule
    or provision of law) to adopt an amendment (or a series of amendments)
    changing any figure or figures in the resolution as so reported to the
    extent necessary to achieve mathematical consistency.

      (6) Debate in the House of Representatives on the conference report on
    any concurrent resolution on the budget shall be limited to not more
    than 5 hours, which shall be divided equally between the majority and
    minority parties. A motion further to limit debate is not debatable. A
    motion to recommit the conference report is not in order, and it is not
    in order to move to reconsider the vote by which the conference report
    is agreed to or disagreed to.

      (7) Appeals from decisions of the Chair relating to the application of
    the Rules of the House of Representatives to the procedure relating to
    any concurrent resolution on the budget shall be decided without debate.

    [[Page 894]]

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) amended section 305 in several places, with the most
    important changes being the reduction in the availability requirement
    for the committee report on a budget resolution to five days (from ten)
    and the addition of a one-day availability requirement for any report
    thereon from the Committee on Rules. The Full Employment and Balanced
    Growth Act of 1978 (P.L. 95-523) amended this subsection by adding
    subparagraphs (a)(3) and (4) and making conforming changes relating to
    debate and amendments on economic goals and policies during
    consideration of the first concurrent resolution on the budget in the
    House. A similar addition was made in subparagraphs (b)(3) and (4),
    relating to Senate procedure). General debate on economic goals and
    policies under subsection (a)(3) must be confined to that subject (Apr.
    23, 1980, p. 8815).

      Clause 8 of rule XXIII, as added in the 95th Congress (H. Res. 5, Jan.
    4, 1977, pp. 53-70) requires that any concurrent resolution on the
    budget (consisting of both aggregate totals and functional categories)
    be considered as read and open to amendment at any point, and unanimous
    consent is required to read such a concurrent resolution by section in
    order to allow amendments to aggregates to be considered before
    amendments to functional categories (May 2, 1978, pp. 12074-75). Clause
    8 of rule XXIII was further amended in the 96th Congress (H. Res. 5,
    Jan. 4, 1979, pp. 7-16) to require that amendments to budget resolutions
    achieve mathematical consistency and contain all the matter set forth in
    subsections 301(a)(1) through (5). On one occasion, the Chairman of the
    Committee on the Budget offered a ``mathematical consistency'' amendment
    in Committee of the Whole, rather than in the House (Apr. 29, 1976, p.
    11916).

      A concurrent resolution on the budget is subject to a demand for a
    division of the question if, for example, the resolution grammatically
    and substantively relates to different fiscal years (May 7, 1980, pp.
    10185-87), or includes a separate, hortatory section having its own
    grammatical and substantive meaning (Mar. 5, 1992, p. ----).

      Where a perfecting amendment changing several figures in a concurrent
    resolution on the budget was pending in Committee of the Whole, the
    Chair indicated that adoption of that amendment would preclude a further
    amendment merely changing those figures but would not preclude a more
    comprehensive amendment changing other (unamended) portions of the
    resolution (Apr. 28, 1976, p. 11599).

      While under this paragraph there can be up to five hours of debate on
    a conference report on a concurrent resolution on the budget, where the
    conferees report in total disagreement, debate on the motion to dispose
    of the amendment in disagreement is under the ``hour rule'' and is
    equally divided and controlled between the majority and minority parties
    under clause 2(b) of rule XXVIII (May 13, 1976, p. 13756; Sept. 16,
    1976, p. 30182).

      In the 96th Congress, for the first time, the Committee on Rules
    reported and the House adopted a special order permitting only certain
    designated amendments to be offered to a concurrent resolution on the
    budget (H. Res. 642, Apr. 23, 1980, pp. 8789-90). The House has adopted
    similar ``modified closed rules'' for the consideration of concurrent
    resolutions on the budget in each subsequent Congress. In the 98th
    Congress, a special order (H. Res. 144, Mar. 22, 1983, p. 6503) waiving
    the existing 10-day layover requirement of section 305(a)(1) was
    construed not to have waived the separate three-day layover requirement
    of clause 2(l)(6) of rule XI (since amended in the 102d Congress (H.
    Res. 5, Jan. 3, 1991, p. ----) to conform to the five-day layover
    requirement of this section). The House has adopted resolutions
    recommended by the Committee on Rules to ``deem'' House-passed budget
    resolutions to be in place for temporary enforcement (July 24, 1985, p.
    20181; June 19, 1990, p. ----).

    [[Page 895]]

      (b) Procedure in Senate After Report of Committee; Debate;
    Amendments.--

              (1) Debate in the Senate on any concurrent resolution on the

            budget, and all amendments thereto and debatable motions and

            appeals in connection therewith, shall be limited to not more

            than 50 hours, except that with respect to any concurrent

            resolution referred to in section 304(a) all such debate shall

            be limited to not more than 15 hours. The time shall be equally

            divided between, and controlled by, the majority leader and the

            minority leader or their designees.

              (2) Debate in the Senate on any amendment to a concurrent

            resolution on the budget shall be limited to 2 hours, to be

            equally divided between, and controlled by, the mover and the

            manager of the concurrent resolution, and debate on any

            amendment to an amendment, debatable motion, or appeal shall be

            limited to 1 hour, to be equally divided between, and controlled

            by, the mover and the manager of the concurrent resolution,

            except that in the event the manager of the concurrent

            resolution is in favor of any such amendment, motion, or appeal,

            the time in opposition thereto shall be controlled by the

            minority leader or his designee. No amendment that is not

            germane to the provisions of such concurrent resolution shall be

            received. Such leaders, or either of them, may, from the time

            under their control on the passage of the concurrent resolution,

            allot additional time to any Senator during the consideration of

            any amendment, debatable motion, or appeal.

              (3) Following the presentation of opening statements on the

            concurrent resolution on the budget for a fiscal year by the

            chairman and ranking minority member of the Committee on the

            Budget of the Senate, there shall be a period of up to four

            hours for debate on economic goals and policies.

              (4) Subject to the other limitations of this Act, only if a

            concurrent resolution on the budget reported by the Committee on

            the Budget of the Senate sets forth the economic goals (as

            described in sections 3(a)(2) and 4(b) of the Employment Act of

            1946) which the estimates, amounts, and levels (as described in

            section 301(a)) set forth in such resolution are designed to

            achieve, shall it be in order to offer to such resolution an

            amendment relating to such goals, and such amendment shall be in

            order only if it also proposes to alter such estimates, amounts,

    [[Page 896]]
            and levels in ger

            mane fashion in order to be consistent with the goals proposed in such

            amendment.

              (5) A motion to further limit debate is not debatable. A

            motion to recommit (except a motion to recommit with

            instructions to report back within a specified number of days,

            not to exceed 3, not counting any day on which the Senate is not

            in session) is not in order. Debate on any such motion to

            recommit shall be limited to 1 hour, to be equally divided

            between, and controlled by, the mover and the manager of the

            concurrent resolution.

              (6) Notwithstanding any other rule, an amendment or series of

            amendments to a concurrent resolution on the budget proposed in

            the Senate shall always be in order if such amendment or series

            of amendments proposes to change any figure or figures then

            contained in such concurrent resolution so as to make such

            concurrent resolution mathematically consistent or so as to

            maintain such consistency.

      (c) Action on Conference Reports in the Senate.--

              (1) A motion to proceed to the consideration of the conference

            report on any concurrent resolution on the budget (or a

            reconciliation bill or resolution) may be made even though a

            previous motion to the same effect has been disagreed to.

              (2) During the consideration in the Senate of the conference

            report (or a message between Houses) on any concurrent

            resolution on the budget, and all amendments in disagreement,

            and all amendments thereto, and debatable motions and appeals in

            connection therewith, debate shall be limited to 10 hours, to be

            equally divided between, and controlled by, the majority leader

            and minority leader or their designees. Debate on any debatable

            motion or appeal related to the conference report (or a message

            between Houses) shall be limited to 1 hour, to be equally

            divided between, and controlled by, the mover and the manager of

            the conference report (or a message between Houses).

              (3) Should the conference report be defeated, debate on any

            request for a new conference and the appointment of conferees

            shall be limited to 1 hour, to be equally divided between, and

            controlled by, the manager of the conference report and the

            minority leader or his designee, and should any motion be made

    [[Page 897]]
            to instruct the conferees before the conferees are named,

            debate on such motion shall be limited to one-half hour, to be equally

            divided between, and controlled by, the mover and the manager of

            the conference report. Debate on any amendment to any such

            instructions shall be limited to 20 minutes, to be equally

            divided between and controlled by the mover and the manager of

            the conference report. In all cases when the manager of the

            conference report is in favor of any motion, appeal, or

            amendment, the time in opposition shall be under the control of

            the minority leader or his designee.

              (4) In any case in which there are amendments in

            disagreements, time on each amendment shall be limited to 30

            minutes, to be equally divided between, and controlled by, the

            manager of the conference report and the minority leader or his

            designee. No amendment that is not germane to the provisions of

            such amendments shall be received.

      (d) Concurrent Resolution Must Be Consistent in the Senate.--It shall
    not be in order in the Senate to vote on the question of agreeing to--

              (1) a concurrent resolution on the budget unless the figures

            then contained in such resolution are mathematically consistent;

            or

              (2) a conference report on a concurrent resolution on the

            budget unless the figures contained in such resolution, as

            recommended in such conference report, are mathematically

            consistent.

    LEGISLATION DEALING WITH CONGRESSIONAL BUDGET MUST BE HANDLED BY BUDGET
      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) deleted a
    subsection (d), which required action by budget conferees within seven
    days, and redesignated the succeeding subsection.

                                   COMMITTEES

      Sec. 306. No bill, resolution, amendment, motion, or conference
    report, dealing with any matter which is within the jurisdiction of the
    Committee on the Budget of either House shall be considered in that
    House unless it is a bill or resolution which has been reported by the
    Committee on the Budget of that House (or from the consideration of
    which such committee has been discharged) or unless it is an amendment
    to such a bill or resolution.

    [[Page 898]]
    lative jurisdiction of the Committee on the Budget (sec. 202(a), H.
    Res. 6, Jan. 4, 1995, p. ----). See clause 1(d) of rule X, supra.
      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
    this section by standardizing its application to any bill, resolution,
    amendment, motion, or conference report. The 104th Congress expanded the
    legis

      A special order of business adopted by the House providing for
    consideration of an unreported concurrent resolution on the budget upon
    the Speaker's declaration that the House be resolved into the Committee
    of the Whole has the effect of discharging the Budget Committee when so
    announced by the Speaker, and need not contain the term ``discharge'' or
    waive points of order under this section, since the concurrent
    resolution is effectively discharged consistent with, and not in
    violation of, this section (Mar. 13, 1986, p. 4638).

      In the Senate, to an omnibus revenue bill reported from the Senate
    Committee on Finance containing certain tax credits, an amendment
    expressing the sense of Congress that under the Congressional Budget Act
    process the continuation of tax credits would be offset by reductions in
    Federal spending was held to violate section 306 and was ruled out of
    order (June 18, 1976, pp. 19089-97). In the Senate, to a bill making
    comprehensive amendments to the Social Security Act, an amendment
    removing social security trust funds from the ``unified budget'' and
    establishing separate aggregate and functional categories in all
    concurrent resolutions on the budget for social security trust funds was
    held to be a matter within the jurisdiction of the Senate Budget
    Committee and ruled out of order under section 306 (Mar. 22, 1983, p.
    6590).

      HOUSE COMMITTEE ACTION ON ALL APPROPRIATION BILLS TO BE COMPLETED BY

                                     JUNE 10

      Sec. 307. On or before June 10 of each year, the Committee on
    Appropriations of the House of Representatives shall report annual
    appropriation bills providing new budget authority under the
    jurisdiction of all of its subcommittees for the fiscal year which
    begins on October 1 of that year.

      This section was re-written by the Balanced Budget and Emergency
    Deficit Control Act of 1985 (tit. II, P.L. 99-177) to establish June
    10th as the annual target date for completion of House committee action
    on all regular appropriation bills.

       REPORTS, SUMMARIES, AND PROJECTIONS OF CONGRESSIONAL BUDGET ACTIONS

      Sec. 308. (a) Reports on Legislation Providing New Budget Authority,
    New Spending Authority, or New Credit Authority, or Providing an
    Increase or Decrease in Revenues or Tax Expenditures.--

              (1) Whenever a committee of either House reports to its House

            a bill or resolution, or committee amendment thereto, providing

    [[Page 899]]
            new budget authority (other

            than continuing appropriations), new spending authority described in

            section 401(c)(2), or new credit authority, or providing an

            increase or decrease in revenues or tax expenditures for a

            fiscal year (or fiscal years), the report accompanying that bill

            or resolution shall contain a statement, or the committee shall

            make available such a statement in the case of an approved

            committee amendment which is not reported to its House, prepared

            after consultation with the Director of the Congressional Budget

            Office--

                      (A) comparing the levels in such measure to the

                    appropriate allocations in the reports submitted under

                    section 302(b) for the most recently agreed to

                    concurrent resolution on the budget for such fiscal year

                    (or fiscal years);

                      (B) including an identification of any new spending

                    authority described in section 401(c)(2) which is

                    contained in such measure and a justification for the

                    use of such financing method instead of annual

                    appropriations;

                      (C) containing a projection by the Congressional

                    Budget Office of how such measure will affect the levels

                    of such budget authority, budget outlays, spending

                    authority, revenues, tax expenditures, direct loan

                    obligations, or primary loan guarantee commitments under

                    existing law for such fiscal year (or fiscal years) and

                    each of the four ensuing fiscal years, if timely

                    submitted before such report is filed; and

                      (D) containing an estimate by the Congressional Budget

                    Office of the level of new budget authority for

                    assistance to State and local governments provided by

                    such measure, if timely submitted before such report is

                    filed.

              (2) Whenever a conference report is filed in either House and

            such conference report or any amendment reported in disagreement

            or any amendment contained in the joint statement of managers to

            be proposed by the conferees in the case of technical

            disagreement on such bill or resolution provides new budget

            authority (other than continuing appropriations), new spending

            authority described in section 401(c)(2), or new credit

            authority, or provides an increase or decrease in revenues for a

            fiscal year (or fiscal years), the statement of managers

            accompanying such conference report shall contain the

    [[Page 900]]
            information

            described in paragraph (1), if available on a timely basis. If such

            information is not available when the conference report is

            filed, the committee shall make such information available to

            Members as soon as practicable prior to the consideration of

            such conference report.

      (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

            resolutions providing new budget authority, new spending

            authority described in section 401(c)(2), or new credit

            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 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.

    [[Page 901]]
    fiscal year, the Director of the Congressional Budget Office shall
    issue a report projecting for the period of 5 fiscal years beginning
    with such fiscal year--
      (c) Five-Year Projection of Congressional Budget Act.--As soon as
    practicable after the beginning of each

              (1) total new budget authority and total budget outlays for

            each fiscal year in such period;

              (2) revenues to be received and the major sources thereof, and

            the surplus or deficit, if any, for each fiscal year in such

            period;

              (3) tax expenditures for each fiscal year in such period;

              (4) entitlement authority for each fiscal year in such period;

            and

              (5) credit authority for each fiscal year in such period.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) expanded the scope of subsection (a) to apply not only
    to reports on legislation providing budget authority and tax
    expenditures but also to reports on legislation providing new spending
    authority, new credit authority, and changes in revenues. That law also
    added the requirement that the same information be available to Members
    prior to consideration of conference reports or amendments in
    disagreement on such legislation, as well as subsections (b) and (c).
    The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) made
    conforming changes to subsections (a) and (b) to reflect the advent of
    five-year budget resolutions (see section 606, infra).

      Section 308(a)(1) does not apply either to the consideration or to the
    adoption of a special order reported from the Committee on Rules ``self-
    executing'' the adoption in the House of an amendment providing new
    budget authority, since the amendment is not separately before the House
    during consideration of the special order (but only when the bill of
    which it becomes a part is before the House), and since it is the
    amendment itself, and not the special order resolution, that provides
    the new budget authority (Feb. 24, 1993, p. ----). A committee cost
    estimate identifying certain spending authority as recurring annually
    and indefinitely was held necessarily to address the five-year period
    required by this section (Nov. 20, 1993, p. ----).

                  HOUSE APPROVAL OF REGULAR APPROPRIATION BILLS

    [[Page 902]]
    fiscal year beginning on October 1 of such year. For purposes of this
    section, the chairman of the Committee on Appropriations of the House of
    Representatives shall periodically advise the Speaker as to changes in
    jurisdiction among its various subcommittees.

      Sec. 309. It shall not be in order in the House of Representatives to
    consider any resolution providing for an adjournment period of more than
    three calendar days during the month of July until the House of
    Representatives has approved annual appropriation bills providing new
    budget authority under the jurisdiction of all the subcommittees of the
    Committee on Appropriations for the

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) amended this section to establish the point of order
    against consideration of an adjournment resolution for more than three
    days during July unless the House has passed all of the regular annual
    appropriation bills. See also section 310(f), infra.

                                 RECONCILIATION

      Sec. 310. (a) Inclusion of Reconciliation Directives in Concurrent
    Resolutions on the Budget.--A concurrent resolution on the budget for
    any fiscal year, to the extent necessary to effectuate the provisions
    and requirements of such resolution, shall--

              (1) specify the total amount by which--

                      (A) new budget authority for such fiscal year;

                      (B) budget authority initially provided for prior

                    fiscal years;

                      (C) new entitlement authority which is to become

                    effective during such fiscal year; and

                      (D) credit authority for such fiscal year,

            contained in laws, bills, and resolutions within the

            jurisdiction of a committee is to be changed and direct that

            committee to determine and recommend changes to accomplish a

            change of such total amount;

              (2) specify the total amount by which revenues are to be

            changed and direct that the committees having jurisdiction to

            determine and recommend changes in the revenue laws, bills, and

            resolutions to accomplish a change of such total amount;

              (3) specify the amounts by which the statutory limit on the

            public debt is to be changed and direct the committee having

            jurisdiction to recommend such change; or

              (4) specify and direct any combination of the matters

            described in paragraphs (1), (2), and (3) (including a direction

            to achieve deficit reduction).

    [[Page 903]]

      (b) Legislative Procedure.--If a concurrent resolution containing
    directives to one or more committees to determine and recommend changes
    in laws, bills, or resolutions is agreed to in accordance with
    subsection (a), and--

              (1) only one committee of the House or the Senate is directed

            to determine and recommend changes, that committee shall

            promptly make such determination and recommendations and report

            to its House reconciliation legislation containing such

            recommendations; or

              (2) more than one committee of the House or the Senate is

            directed to determine and recommend changes, each such committee

            so directed shall promptly make such determination and

            recommendations and submit such recommendations to the Committee

            on the Budget of its House, which upon receiving all such

            recommendations, shall report to its House reconciliation

            legislation carrying out all such recommendations without any

            substantive revision.
    For purposes of this subsection, a reconciliation resolution is a
    concurrent resolution directing the Clerk of the House of
    Representatives or the Secretary of the Senate, as the case may be, to
    make specified changes in bills and resolutions which have not been
    enrolled.

      (c) Compliance With Reconciliation Directions.--(1) Any committee of
    the House of Representatives or the Senate that is directed, pursuant to
    a concurrent resolution on the budget, to determine and recommend
    changes of the type described in paragraphs (1) and (2) of subsection
    (a) with respect to laws within its jurisdiction, shall be deemed to
    have complied with such directions--

              (A) if--

                      (i) the amount of the changes of the type described in

                    paragraph (1) of such subsection recommended by such

                    committee do not exceed or fall below the amount of the

                    changes such committee was directed by such concurrent

                    resolution to recommend under that paragraph by more

                    than 20 percent of the total of the amounts of the

                    changes such committee was directed to make under

                    paragraphs (1) and (2) of such subsection, and

                      (ii) the amount of the changes of the type described

                    in paragraph (2) of such subsection recommended by such

                    committee do not exceed or fall below the amount of the

                    changes such committee was directed by such concurrent

                    resolution to recommend under that paragraph by more

                    than 20 percent of the total of the amounts of the

    [[Page 904]]
                    changes such committee was directed to make

                    under paragraphs (1) and (2) of such subsection; and

              (B) if the total amount of the changes recommended by such

            committee is not less than the total of the amounts of the

            changes such committee was directed to make under paragraphs (1)

            and (2) of such subsection.

              (2)(A) Upon the reporting to the Committee on the Budget of

            the Senate of a recommendation that shall be deemed to have

            complied with such directions solely by virtue of this

            subsection, the chairman of that committee may file with the

            Senate appropriately revised allocations under section 302(a)

            and revised functional levels and aggregates to carry out this

            subsection.

                  (B) Upon the submission to the Senate of a conference

                report recommending a reconciliation bill or resolution in

                which a committee shall be deemed to have complied with such

                directions solely by virtue of this subsection, the chairman

                of the Committee on the Budget of the Senate may file with

                the Senate appropriately revised allocations under section

                302(a) and revised functional levels and aggregates to carry

                out this subsection.

                  (C) Allocations, functional levels, and aggregates revised

                pursuant to this paragraph shall be considered to be

                allocations, functional levels, and aggregates contained in

                the concurrent resolution on the budget pursuant to section

                301.

                  (D) Upon the filing of revised allocations pursuant to

                this paragraph, the reporting committee shall report revised

                allocations pursuant to section 302(b) to carry out this

                subsection.

      (d) Limitation on Amendments to Reconciliation Bills and
    Resolutions.--

              (1) It shall not be in order in the House of Representatives

            to consider any amendment to a reconciliation bill or

            reconciliation resolution if such amendment would have the

            effect of increasing any specific budget outlays above the level

            of such outlays provided in the bill or resolution (for the

            fiscal years covered by the reconciliation instructions set

            forth in the most recently agreed to concurrent resolution on

            the budget), or would have the effect of reducing any specific

            Federal revenues below the level of such revenues provided in

    [[Page 905]]
            the bill or resolution (for such fiscal

            years), unless such amendment makes at least an equivalent reduction in

            other specific budget outlays, an equivalent increase in other

            specific Federal revenues, or an equivalent combination thereof

            (for such fiscal years), except that a motion to strike a

            provision providing new budget authority or new entitlement

            authority may be in order.

              (2) It shall not be in order in the Senate to consider any

            amendment to a reconciliation bill or reconciliation resolution

            if such amendment would have the effect of decreasing any

            specific budget outlay reductions below the level of such outlay

            reductions provided (for the fiscal years covered) in the

            reconciliation instructions which relate to such bill or

            resolution set forth in a resolution providing for

            reconciliation, or would have the effect of reducing Federal

            revenue increases below the level of such revenue increases

            provided (for such fiscal years) in such instructions relating

            to such bill or resolution, unless such amendment makes a

            reduction in other specific budget outlays, an increase in other

            specific Federal revenues, or a combination thereof (for such

            fiscal years) at least equivalent to any increase in outlays or

            decrease in revenues provided by such amendment, except that a

            motion to strike a provision shall always be in order.

              (3) Paragraphs (1) and (2) shall not apply if a declaration of

            war by the Congress is in effect.

              (4) For purposes of this section, the levels of budget outlays

            and Federal revenues for a fiscal year shall be determined on

            the basis of estimates made by the Committee on the Budget of

            the House of Representatives or of the Senate, as the case may

            be.

              (5) The Committee on Rules of the House of Representatives may

            make in order amendments to achieve changes specified by

            reconciliation directives contained in a concurrent resolution

            on the budget if a committee or committees of the House fail to

            submit recommended changes to its Committee on the Budget

            pursuant to its instruction.

      (e) Procedure in the Senate.--

              (1) Except as provided in paragraph (2), the provisions of

            section 305 for the consideration in the Senate of concurrent

            resolutions on the budget and conference reports thereon shall

    [[Page 906]]
            also apply to the consid

            eration in the Senate of reconciliation bills reported under subsection

            (b) and conference reports thereon.

              (2) Debate in the Senate on any reconciliation bill reported

            under subsection (b), and all amendments thereto and debatable

            motions and appeals in connection therewith, shall be limited to

            not more than 20 hours.

      (f) Completion of Reconciliation Process.--It shall not be in order in
    the House of Representatives to consider any resolution providing for an
    adjournment period of more than three calendar days during the month of
    July until the House of Representatives has completed action on the
    reconciliation legislation for the fiscal year beginning on October 1 of
    the calendar year to which the adjournment resolution pertains, if
    reconciliation legislation is required to be reported by the concurrent
    resolution on the budget for such fiscal year.

      (g) Limitation on Changes to the Social Security Act.--Notwithstanding
    any other provision of law, it shall not be in order in the Senate or
    the House of Representatives to consider any reconciliation bill or
    reconciliation resolution reported pursuant to a concurrent resolution
    on the budget agreed to under section 301 or 304, or a joint resolution
    pursuant to section 258C of the Balanced Budget and Emergency Deficit
    Control Act of 1985, or any amendment thereto or conference report
    thereon, that contains recommendations with respect to the old-age,
    survivors, and disability insurance program established under title II
    of the Social Security Act.

    [[Page 907]]

     NEW BUDGET AUTHORITY, NEW SPENDING AUTHORITY, AND REVENUE LEGISLATION
      Until the enactment of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (tit. II, P.L. 99-177) this section required the
    Congress to complete action on a concurrent resolution on the budget,
    normally the second for that fiscal year, reaffirming or revising the
    most recent previous agreed to concurrent resolution on the budget. It
    also permitted the second budget resolution to implement the
    reconciliation process (instructions to committees to make changes in
    law necessary to achieve the changes in spending or revenues
    contemplated by the budget resolution). The Balanced Budget and
    Emergency Deficit Control Act of 1985 (tit. II, P.L. 99-177) amended
    subsection (a) to eliminate the requirement for subsequent budget
    resolutions and specified the reconciliation process in greater detail
    by adding paragraph (1)(D) to subsection (a) along with new subsections
    (b) through (g). The Budget Enforcement Act of 1990 (tit. XIII, P.L.
    101-508) amended subsection (c), relating to adjustments to allocations
    in the Senate, and deleted from subsection (f) a June 15 deadline for
    Congressional action on reconciliation.

                        MUST BE WITHIN APPROPRIATE LEVELS

      Sec. 311. (a)(1) Legislation Subject to Point of Order.--Except as
    provided by subsection (b), after the Congress has completed action on a
    concurrent resolution on the budget for a fiscal year, it shall not be
    in order in either the House of Representatives or the Senate to
    consider any bill, joint resolution, amendment, motion, or conference
    report providing new budget authority for such fiscal year, providing
    new entitlement authority effective during such fiscal year, or reducing
    revenues for such fiscal year, 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 appropriate level of total new budget authority or total
    budget outlays set forth in the most recently agreed to concurrent
    resolution on the budget for such fiscal year to be exceeded, or would
    cause revenues to be less than the appropriate level of total revenues
    set forth in such concurrent resolution except in the case that a
    declaration of war by the Congress is in effect.

      (2)(A) After the Congress has completed action on a concurrent
    resolution on the budget, it shall not be in order in the Senate to
    consider any bill, resolution, amendment, motion, or conference report
    that would cause the appropriate level of total new budget authority or
    total budget outlays or social security outlays set forth for the first
    fiscal year in the most recently agreed to concurrent resolution on the
    budget covering such fiscal year to be exceeded, or would cause revenues
    to be less than the appropriate level of total revenues (or social
    security revenues to be less than the appropriate level of social
    security revenues) set forth for the first fiscal year covered by the
    resolution and for the period including the first fiscal year plus the
    following 4 fiscal years in such concurrent resolution.

        (B) In applying this paragraph--

              (i)(I) estimated social security outlays shall be deemed to be

            reduced by the excess of estimated social security revenues

            (including those provided for in the bill, resolution,

            amendment, or conference report with respect to which this

    [[Page 908]]
            subsection is applied) over the

            appropriate level of Social Security revenues specified in the most

            recently agreed to concurrent resolution on the budget;

              (II) estimated social security revenues shall be deemed to be

            increased to the extent that estimated social security outlays

            are less (taking into account the effect of the bill,

            resolution, amendment, or conference report to which this

            subsection is being applied) than the appropriate level of

            social security outlays in the most recently agreed to

            concurrent resolution on the budget; and

              (ii)(I) estimated Social Security outlays shall be deemed to

            be increased by the shortfall of estimated social security

            revenues (including Social Security revenues provided for in the

            bill, resolution, amendment, or conference report with respect

            to which this subsection is applied) below the appropriate level

            of social security revenues specified in the most recently

            adopted concurrent resolution on the budget; and

              (II) estimated social security revenues shall be deemed to be

            reduced by the excess of estimated social security outlays

            (including social security outlays provided for in the bill,

            resolution, amendment, or conference report with respect to

            which this subsection is applied) above the appropriate level of

            social security outlays specified in the most recently adopted

            concurrent resolution on the budget; and

              (iii) no provision of any bill or resolution, or any amendment

            thereto or conference report thereon, involving a change in

            chapter 1 of the Internal Revenue Code of 1986 shall be treated

            as affecting the amount of social security revenues unless such

            provision changes the income tax treatment of social security

            benefits.
    The chairman of the Committee on the Budget of the Senate may file with
    the Senate appropriately revised allocations under section 302(a) and
    revised functional levels and aggregates to reflect the application of
    the preceding sentence. Such revised allocations, functional levels, and
    aggregates shall be considered as allocations, functional levels, and
    aggregates contained in the most recently agreed to concurrent
    resolution on the budget, and the appropriate committees shall report
    revised allocations pursuant to section 302(b).

    [[Page 909]]
    tives to any bill, resolution, or amendment which provides new budget
    authority or new entitlement authority effective during such fiscal
    year, or to any conference report on any such bill or resolution, if--
      (b) Exception in the House of Representatives.--Subsection (a) shall
    not apply in the House of Representa

              (1) the enactment of such bill or resolution as reported;

              (2) the adoption and enactment of such amendment; or

              (3) the enactment of such bill or resolution in the form

            recommended in such conference report,
    would not cause the appropriate allocation of new discretionary budget
    authority or new entitlement authority made pursuant to section 302(a)
    for such fiscal year, for the committee within whose jurisdiction such
    bill, resolution, or amendment falls, to be exceeded.

      (c) Determination of Budget Levels.--For purposes of this section, the
    levels of new budget authority, budget outlays, 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 of the Senate, as the case may be.

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
    subsection (a) by (1) standardizing its application to any bill, joint
    resolution, amendment, motion, or conference report; (2) adding the
    exception for the case of a declaration of war; and (3) adding a new
    paragraph (2) relating to Senate procedure. The Balanced Budget and
    Emergency Deficit Control Act of 1985 (tit. II, P.L. 99-177) made
    important changes in this section by codifying in subsection (b) the
    exception for the House that previously had appeared in the budget
    resolution, and by adding subsection (c).

      A point of order under section 311(a) operates with respect to a bill
    or joint resolution in reported state and thus does not lie against
    consideration of an unreported measure (Mar. 21, 1995, p. ----).

      To an appropriation bill already containing new budget outlays in
    excess of the total level permitted by the second concurrent resolution
    on the budget for that fiscal year, where the bill was considered under
    a waiver of section 311(a) of the Budget Act, an amendment striking out
    a proposed rescission of existing budget authority which had the effect
    of causing the net total of new budget authority in the bill to be
    increased was ruled out in the House as in violation of section 311(a),
    as further exceeding the total budget outlay ceiling in the second
    concurrent resolution on the budget (May 12, 1981, pp. 9314-15). An
    amendment that provides no new budget authority or outlays but instead
    results in outlay savings is not subject to a point of order under
    section 311(a) (June 30, 1987, p. 18308).

    [[Page 910]]
    authority for official mail costs to be available immediately violated
    section 311(a) since the appropriate level of new budget authority
    contained in the budget resolution had already been exceeded and since
    the Appropriations Committee had exceeded its section 302(a) allocation
    (thereby rendering the section 311(b) exception inapplicable) (Sept. 28,
    1989, p. 22267).
      The Chair relied on estimates furnished by the Budget Committee to
    hold that a motion to amend a Senate amendment providing new budget

      In the Senate, the Chair sustained a point of order (later withdrawn)
    against an amendment that had the effect of reducing revenues for fiscal
    year 1977 below the total level of revenues contained in the final
    concurrent resolution on the budget for that year, in violation of
    section 311(a) (Oct. 1, 1976, p. 34557). Similarly, a motion in the
    Senate to recommit a bill with instructions to report it back with an
    amendment to the Internal Revenue Code delaying the implementation of
    withholding on interest and dividends was held (in response to a
    parliamentary inquiry) to be subject to a point of order since the
    amendment would cause revenues to be less than the appropriate level
    provided in the budget resolution for that year (where S. Con. Res. 92
    of the 97th Congress, the first budget resolution for fiscal year 1985,
    provided that if a second budget resolution was not adopted by October
    1, 1982, then section 311 would be enforced based on the aggregate
    figures contained in that resolution) (Apr. 20, 1983, pp. 9131, 9151). A
    point of order was sustained (and upheld on appeal) in the Senate
    against consideration of an amendment reducing the amount of a
    rescission of appropriated funds where the effect was to increase the
    net amount of total budget outlays contained in the bill to a level
    which, when taken together with other spending actions already completed
    by Congress, exceeded the total amount of budget outlays provided for
    the current fiscal year in the third budget resolution, in violation of
    section 311 (June 27, 1980, pp. 17478-79). Also in the Senate, to a bill
    making comprehensive changes in the Social Security Act being considered
    at a time when the revenue floor established by the second concurrent
    resolution on the budget for that fiscal year had already been breached,
    an amendment to the Internal Revenue Code to delay interest and dividend
    withholding during that fiscal year was held to constitute a further
    revenue reduction and to violate section 311 (Vice President Bush, Mar.
    22, 1983, p. 6573). An amendment in the Senate to a Defense Department
    authorization bill, providing a new entitlement program of educational
    assistance to members and veterans of the armed forces, to become
    effective in a future fiscal year or at any earlier time if so
    determined by the President, was held to allow new entitlement spending
    for the current fiscal year and to breach the applicable budget total,
    in violation of section 311 (July 13, 1983, p. 19018).

                           EFFECTS OF POINTS OF ORDER

    [[Page 911]]
    against an amendment between the Houses. If a point of order under this
    Act is raised in the Senate against an amendment between the Houses, and
    the Presiding Officer sustains the point of order, the effect shall be
    the same as if the Senate had disagreed to the amendment.

      Sec. 312. (a) Points of Order in the Senate Against Amendments Between
    the Houses.--Each provision of this Act that establishes a point of
    order against an amendment also establishes a point of order in the
    Senate

      (b) Effect of a Point of Order on a Bill in the Senate.--In the
    Senate, if the Chair sustains a point of order under this Act against a
    bill, the Chair shall then send the bill to the committee of appropriate
    jurisdiction for further consideration.

      Section 312 was added by the Budget Enforcement Act of 1990 (tit.
    XIII, P.L. 101-508).

                 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.

    [[Page 912]]
    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).
      (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

      (2) A Senate-originated provision shall not be considered extraneous
    under paragraph (1)(A) if the Chairman and Ranking Minority Member of
    the Committee on the Budget and the Chairman and Ranking Minority Member
    of the Committee which reported the provision certify that: (A) the
    provision mitigates direct effects clearly attributable to a provision
    changing outlays or revenue and both provisions together produce a net
    reduction in the deficit; (B) the provision will result in a substantial
    reduction in outlays or a substantial increase in revenues during fiscal
    years after the fiscal years covered by the reconciliation bill or
    reconciliation resolution; (C) a reduction of outlays or an increase in
    revenues is likely to occur as a result of the provision, in the event
    of new regulations authorized by the provision or likely to be proposed,
    court rulings on pending litigation, or relationships between economic
    indices and stipulated statutory triggers pertaining to the provision,
    other than the regulations, court rulings or relationships currently
    projected by the Congressional Budget Office for scorekeeping purposes;
    or (D) such provision will be likely to produce a significant reduction
    in outlays or increase in revenues but, due to insufficient data, such
    reduction or increase cannot be reliably estimated.

    [[Page 913]]
    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.

      (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

      (c) Extraneous Materials.--Upon the reporting or discharge of a
    reconciliation bill or resolution pursuant to section 310 in the Senate,
    and again upon the submission of a conference report on such a
    reconciliation bill or resolution, the Committee on the Budget of the
    Senate shall submit for the record a list of material considered to be
    extraneous under subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this
    section to the instructions of a committee as provided in this section.
    The inclusion or exclusion of a provision shall not constitute a
    determination of extraneousness by the Presiding Officer of the Senate.

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508)
    inadvertently designated two subsections of section 313 as (c).

      (c) 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), (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.

    [[Page 914]]
    ference 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
    rules.
      (d) 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 con

      (e) Determination of Levels.--For purposes of this section, the levels
    of new budget authority, budget outlays, 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 Senate.

      Section 313, popularly known as the ``Byrd Rule,'' was added by the
    Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508). Changes in
    outlays or revenues are not rendered incidental under this section
    simply by their insusceptibility to measurement (Aug. 6, 1993, p. ----).

          TITLE IV--ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES

                           Part A--General Provisions

                     BILLS PROVIDING NEW SPENDING AUTHORITY

    [[Page 915]]
    tive for any fiscal year only to such extent or in such amounts as are
    provided in appropriation Acts.

      Sec. 401. (a) Controls on Legislation Providing Spending Authority.--
    It shall not be in order in either the House of Representatives or the
    Senate to consider any bill, joint resolution, amendment, motion, or
    conference report, as reported to its House which provides new spending
    authority described in subsection (c)(2)(A) or (B), unless that bill,
    resolution, conference report, or amendment also provides that such new
    spending authority as described in subsection (c)(2)(A) or (B) is to be
    effec

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
    subsections (a) and (b)(1) to standardize their application to any bill,
    joint resolution, amendment, motion, or conference report. The Balanced
    Budget and Emergency Deficit Control Act of 1985 (tit. II, P.L. 99-177)
    amended subsection (a) by substituting the phrase ``spending authority''
    for ``contract or borrowing authority'' and extended the point of order
    to conference reports, consistent with House precedent. Language in a
    bill authorizing receipts from loans under certain legislation to be
    made available for designated purposes was held not to be ``new spending
    authority'' which would prohibit the consideration of the bill under
    section 401(a) of the Congressional Budget Act, where it was shown from
    the term ``authorized'' and from the committee report on the bill that
    the amounts of repaid loans must again be appropriated in appropriation
    acts before the funds could be expended (Speaker Albert, Sept. 10, 1975,
    p. 28270).

      A point of order under section 401(a) operates with respect to a bill
    or joint resolution in reported state and thus does not lie against
    consideration of an unreported measure (Mar. 21, 1995, p. ----).

      Section 401(a) prohibits the consideration of a bill or amendment,
    including a conference report, containing new spending authority to
    incur indebtedness for the repayment of which the United States is
    primarily liable, the budget authority for which is not provided in
    advance by appropriation acts. Thus a conference report authorizing the
    Secretary of HEW to borrow funds by issuing government notes as a public
    debt transaction to make payments in connection with defaults on loans
    by medical students, not subject to amounts specified in advance by
    appropriation acts, was ruled out of order as violating section 401(a)
    (Speaker pro tempore McFall, Sept. 27, 1976, pp. 32655-32704).

      (b) Legislation Providing Entitlement Authority.--

              (1) It shall not be in order in either the House of

            Representatives or the Senate to consider any bill, joint

            resolution, amendment, motion, or conference report, as reported

            to its House which provides new spending authority described in

            subsection (c)(2)(C) which is to become effective before the

            first day of the fiscal year which begins during the calendar

            year in which such bill or resolution is reported.

      A point of order under section 401(b) operates with respect to a bill
    or joint resolution in reported state and thus does not lie against
    consideration of an unreported measure (Mar. 21, 1995, p. ----).

    [[Page 916]]
    ``entitlement'' authority, as defined in section 401(c)(2)(C), which
    could become effective prior to the fiscal year beginning during the
    calendar year in which the bill had been reported from conference, in
    violation of section 401(b)(1), and the conference report was ruled out
    of order (Speaker Albert, Sept. 23, 1976, pp. 3209-10). A Senate
    amendment providing new spending (entitlement) authority for adjustment
    assistance under the Trade Act of 1974, by requiring the Secretary of
    Labor to certify a new group of workers as eligible beginning on the day
    prior to the start of the ensuing fiscal year, was conceded to violate
    section 401(b)(1), and a motion to concur was ruled out on that point of
    order (Speaker pro tempore Wright, June 26, 1986, p. 15729). Where an
    amendment contained new entitlement authority in the form of retirement
    benefits to certain Federal employees, the Chair contemplated immediate
    enactment in his determination that the new entitlement authority became
    effective before the fiscal year beginning during the calendar year in
    which the pending bill was reported (May 9, 1995, p. ----).

      A conference report (filed in 1976 to accompany a bill originally
    reported in the House in calendar year 1975) requiring the Secretary of
    Agriculture to pay a cost of transporting agricultural commodities to
    major disaster areas upon the date of enactment was held to constitute
    new spending

              (2) If any committee of the House of Representatives or the

            Senate reports any bill or resolution which provides new

            spending authority described in subsection (c)(2)(C) which is to

            become effective during a fiscal year and the amount of new

            budget authority which will be required for such fiscal year if

            such bill or resolution is enacted as so reported exceeds the

            appropriate allocation of new budget authority reported under

            section 302(b) in connection with the most recently agreed to

            concurrent resolution on the budget for such fiscal year, such

            bill or resolution shall then be referred to the Committee on

            Appropriations of that House with instructions to report it,

            with the committee's recommendations, within 15 calendar days

            (not counting any day on which that House is not in session)

            beginning with the day following the day on which it is so

            referred. If the Committee on Appropriations of either House

            fails to report a bill or resolution referred to it under this

            paragraph within such 15-day period, the committee shall

            automatically be discharged from further consideration of such

            bill or resolution and such bill or resolution shall be placed

            on the appropriate calendar.

              (3) The Committee on Appropriations of each House shall have

            jurisdiction to report any bill or resolution referred to it

            under paragraph (2) with an amendment which limits the total

            amount of new spending authority provided in such bill or

            resolution.

    [[Page 917]]
    grams new entitlement authority allocated to that committee in the
    joint statement accompanying a conference report on a concurrent
    resolution on the budget, under section 302(a), the Speaker under this
    paragraph refers to the Committee on Appropriations for the fifteen-day
    period a bill reported by that committee which exceeds the total
    entitlement authority allocated to that committee in the joint
    statement, and also refers any subsequent bill reported by that
    committee which contains new entitlement authority (Speaker Albert, May
    17, 1976, p. 14093; Aug. 25, 1976, p. 27775). Section 401(b)(2) should
    be read in light of title VI of the Act. For fiscal years through 1998,
    spending responsibilities are allocated to committees under section 602
    rather than under section 302. However, section 401(b)(2) remains linked
    only to allocations under section 302. Therefore, section 401(b)(2) has
    no vitality through fiscal year 1998. Prior to consideration of a bill
    in Committee of the Whole, the Speaker may discharge from the Union
    Calendar and refer to the Committee on Appropriations for fifteen days,
    pursuant to this paragraph, a bill which has been reported providing new
    entitlement authority in excess of the total amount allocated to the
    reporting committee (Speaker O'Neill, Sept. 8, 1977, p. 28153; Sept. 8,
    1978, p. 28543) even if the bill was reported prior to final adoption of
    the first budget concurrent resolution (Speaker O'Neill, July 19, 1978,
    pp. 21786-87; Speaker O'Neill, May 21, 1981, p. 10622). A bill reported
    from the Committee on Agriculture amending the Food and Agriculture Act
    to increase certain commodity target prices of 1979 crops, thereby
    providing new entitlement authority for fiscal year 1980 in excess of
    the amount allocated to that committee under the first budget, and a
    bill reported from the Committee on Ways and Means increasing
    eligibility and payments for child welfare and social services under the
    Social Security Act, providing new entitlement authority in excess of
    the net amount of such authority allocated to that Committee under the
    first budget resolution, were discharged from the Union Calendar by the
    Speaker and referred to the Committee on Appropriations pursuant to this
    paragraph (Speaker O'Neill, June 5, 1979, p. 13385; June 6, 1979, p.
    13665). The Speaker may exercise his referral authority under this
    paragraph, whether or not the committee has filed its report under
    section 302(b) of the Budget Act, where the budget authority for the
    entitlement bill has been assumed in the budget resolution and would be
    included in the committee's 302(b) report, but where the budget
    authority for such bill exceeds the net amount of such authority
    allocated to the reporting committee, because the budget resolution
    assumes the reporting of other legislation, decreasing other programs
    for the year in question, which has not yet been reported (Speaker
    O'Neill, June 6, 1979, p. 13665).

      Where a committee has not yet filed with the House, as required by
    section 302(b), a report subdividing among its subcommittees or by pro

      (c) Definitions.--

              (1) For purposes of this section, the term ``new spending

            authority'' means spending authority not provided by law on the

    [[Page 918]]
            effective date of this Act, in

            cluding any increase in or addition to spending authority provided by

            law on such date.

              (2) For purposes of paragraph (1), the term ``spending

            authority'' means authority (whether temporary or permanent)--

                      (A) to enter into contracts under which the United

                    States is obligated to make outlays, the budget

                    authority for which is not provided in advance by

                    appropriation Acts;

                      (B) to incur indebtedness (other than indebtedness

                    incurred under chapter 31 of title 31 of the United

                    States Code) for the repayment of which the United

                    States is liable, the budget authority for which is not

                    provided in advance by appropriation Acts;

                      (C) to make payments (including loans and grants), the

                    budget authority for which is not provided for in

                    advance by appropriation Acts, to any person or

                    government if, under the provisions of the law

                    containing such authority, the United States is

                    obligated to make such payments to persons or

                    governments who meet the requirements established by

                    such law;

                      (D) to forego the collection by the United States of

                    proprietary offsetting receipts, the budget authority

                    for which is not provided in advance by appropriation

                    Acts to offset such foregone receipts; and

                      (E) to make payments by the United States (including

                    loans, grants, and payments from revolving funds) other

                    than those covered by subparagraph (A), (B), (C), or

                    (D), the budget authority for which is not provided in

                    advance by appropriation Acts.

            Such term does not include authority to insure or guarantee the

            repayment of indebtedness incurred by another person or

            government.

    [[Page 919]]
    obligations to insure or guarantee another person's debt is a
    contingent liability of the United States), the authority to make
    payments in connection with defaults which have already occurred was
    conceded to constitute a primary liability of the United States to incur
    indebtedness and to require budget authority in advance in appropriation
    acts (Speaker pro tempore McFall, Sept. 27, 1976, pp. 32655-32704). A
    provision which requires payments to individuals meeting certain
    qualifications, but which also contains an authorization for
    appropriations to make such payments and a provision that if sums
    appropriated pursuant thereto are insufficient to make payments, then
    payments be ratably reduced to the amounts of appropriations actually
    made, does not constitute new entitlement spending authority under the
    preceding definition (Sept. 13, 1983, p. 23884). An amendment
    establishing a new executive position at compensation level II but
    subjecting its salary to the appropriation process was held not to
    provide new entitlement authority within the meaning of section
    401(c)(2)(C) (Mar. 26, 1992, p. ----).

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) added subparagraph (D), covering proprietary receipts,
    and subparagraph (E), covering all other spending authority not subject
    to the annual appropriations process, such as permanent appropriations,
    in order to define the various types of ``backdoor'' spending authority.
    While the definitions of new spending authority in section 401(c)(2)
    that must be made subject to advance appropriation acts does not include
    the authority to insure or guarantee the repayment of indebtedness
    incurred by another person or government (as where the authority to
    incur contractual

      (d) Exceptions.--

              (1) Subsections (a) and (b) shall not apply to new spending

            authority if the budget authority for outlays which will result

            from such new spending authority is derived--

                      (A) from a trust fund established by the Social

                    Security Act (as in effect on the date of the enactment

                    of this Act); or

                      (B) from any other trust fund, 90 percent or more of

                    the receipts of which consist or will consist of amounts

                    (transferred from the general fund of the Treasury)

                    equivalent to amounts of taxes (related to the purposes

                    for which such outlays are or will be made) received in

                    the Treasury under specified provisions of the Internal

                    Revenue Code of 1954.

              (2) Subsections (a) and (b) shall not apply to new spending

            authority which is an amendment to or extension of the State and

            Local Fiscal Assistance Act of 1972, or a continuation of the

            program of fiscal assistance to State and local governments

            provided by that Act, to the extent so provided in the bill or

            resolution providing such authority.

              (3) Subsections (a) and (b) shall not apply to new spending

            authority to the extent that--

                      (A) the outlays resulting therefrom are made by an

                    organization which is (i) a mixed-ownership Government

                    corporation (as defined in section 201 of the Government

                    Corporation Control Act), or (ii) a wholly owned

    [[Page 920]]
                    Government corporation (as

                    defined in section 101 of such Act) which is specifically exempted by

                    law from compliance with any or all of the provisions of

                    that Act, as of the date of enactment of the Balanced

                    Budget and Emergency Deficit Control Act of 1985; or

                      (B) the outlays resulting therefrom consist

                    exclusively of the proceeds of gifts or bequests made to

                    the United States for a specific purpose.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) left this subsection intact except that section
    401(d)(3)(A)(ii) will not apply to government corporations created after
    December 12, 1985. The definition of new spending ``entitlement''
    authority contained in section 401(c)(2)(C) (and incorporated by
    reference in section 303(a), prohibiting the consideration of future
    year entitlement bills, resolutions and amendments) includes revenue-
    sharing spending authority in the form of entitlements, as the exception
    from the definition of new spending authority for revenue sharing
    programs in section 401(d)(2) of the Act does not apply to new
    entitlement authority for future fiscal years (Speaker Albert, Sept. 30,
    1976, pp. 34074-34100).

                   LEGISLATION PROVIDING NEW CREDIT AUTHORITY

      Sec. 402. (a) Controls on Legislation Providing New Credit
    Authority.--It shall not be in order in either the House of
    Representatives or the Senate to consider any bill, joint resolution,
    amendment, motion, or conference report, as reported to its House, which
    provides new credit authority described in subsection (b)(1), unless
    that bill, resolution, conference report, or amendment also provides
    that such new credit authority is to be effective for any fiscal year
    only to such extent or in such amounts as are provided in appropriation
    Acts.

      (b) Definition.--For purposes of this Act, the term ``new credit
    authority'' means credit authority (as defined in section 3(10) of this
    Act) not provided by law on the effective date of this section,
    including any increase in or addition to credit authority provided by
    law on such date.

    [[Page 921]]
    extent or in the amounts provided in appropriation acts. Section 504(b)
    of the Budget Act, as added by the Budget Enforcement Act of 1990 (tit.
    XIII, P.L. 101-508), now constitutes a standing stipulation,
    notwithstanding any other provision of law, that new credit authority is
    effective only to the extent that subsidy costs are capped and
    appropriated in advance.
      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
    subsection (a) to standardize its application to any bill, joint
    resolution, amendment, motion, or conference report. Prior to the
    enactment of the Balanced Budget and Emergency Deficit Control Act of
    1985 (tit. II, P.L. 99-177), this section set a deadline of the May 15
    preceding a fiscal year for reporting measures authorizing
    appropriations for that fiscal year. The Balanced Budget and Emergency
    Deficit Control Act of 1985 (tit. II, P.L. 99-177) created a new point
    of order in subsection (a) to require that new credit authority, as
    described in subsection (b), be effective only to the

      A point of order under section 402(a) operates with respect to a bill
    or joint resolution in reported state and thus does not lie against
    consideration of an unreported measure (Mar. 21, 1995, p. ----).

                     ANALYSIS BY CONGRESSIONAL BUDGET OFFICE

      Sec. 403. The Director of the Congressional Budget Office shall, to
    the extent practicable, prepare for each bill or resolution of a public
    character reported by any committee of the House of Representatives or
    the Senate (except the Committee on Appropriations of each House), and
    submit to such committee--

              (1) an estimate of the costs which would be incurred in

            carrying out such bill or resolution in the fiscal year in which

            it is to become effective and in each of the 4 fiscal years

            following such fiscal year, together with the basis for each

            such estimate;

              (2) a comparison of the estimates of costs described in

            paragraph (1), with any available estimates of costs made by

            such committee or by any Federal agency; and

              (3) a description of each method for establishing a Federal

            financial commitment contained in such bill or resolution.
    The estimates, comparison, and description so submitted shall be
    included in the report accompanying such bill or resolution if timely
    submitted to such committee before such report is filed.

             *            *            *            *            *

    [[Page 922]]

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) amended this section by adding paragraph (4) to
    subsection (a), along with a conforming change to the second sentence of
    that subsection. Public Law 97-108 previously amended section 403 by
    adding subsections (a)(2), (b) and (c). The Unfunded Mandates Reform Act
    of 1995 deleted from this section a requirement that the Director
    estimate costs incurred by State and local governments, in favor of a
    more particularized requirement in section 424, infra (sec. 104, P.L.
    104-4; 109 Stat. 62).

      STUDY BY THE GENERAL ACCOUNTING OFFICE OF FORMS OF FEDERAL FINANCIAL

              COMMITMENT THAT ARE NOT REVIEWED ANNUALLY BY CONGRESS

      Sec. 405. The General Accounting Office shall study those provisions
    of law which provide spending authority as described by section
    401(c)(2) and which provide permanent appropriations, and report to the
    Congress its recommendations for the appropriate form of financing for
    activities or programs financed by such provisions not later than
    eighteen months after the effective date of this section. Such report
    shall be revised from time to time.

                  OFF-BUDGET AGENCIES, PROGRAMS, AND ACTIVITIES

      Sec. 406. (a) Notwithstanding any other provision of law, budget
    authority, credit authority, and estimates of outlays and receipts for
    activities of the Federal budget which are off-budget immediately prior
    to the date of enactment of this section, not including activities of
    the Federal Old-Age and Survivors Insurance and Federal Disability
    Insurance Trust Funds, shall be included in a budget submitted pursuant
    to section 1105 of title 31, United States Code, and in a concurrent
    resolution on the budget reported pursuant to section 301 or section 304
    of this Act and shall be considered, for purposes of this Act, budget
    authority, outlays, and spending authority in accordance with
    definitions set forth in this Act.

      (b) All receipts and disbursements of the Federal Financing Bank with
    respect to any obligations which are issued, sold, or guaranteed by a
    Federal agency shall be treated as a means of financing such agency for
    purposes of section 1105 of title 31, United States Code, and for
    purposes of this Act.

                                MEMBER USER GROUP

      Sec. 407. The Speaker of the House of Representatives, after
    consulting with the Minority Leader of the House, may appoint a Member
    User Group for the purpose of reviewing budgetary scorekeeping rules and
    practices of the House and advising the Speaker from time to time on the
    effect and impact of such rules and practices.

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) added sections 405, 406, and 407 as new sections at the
    end of title IV.

    [[Page 923]]

             *            *            *            *            *

    SEC. 421. DEFINITIONS.
                            Part B--Federal Mandates

      For purposes of this part:

          (1) Agency.--The term ``agency'' has the same meaning as defined

        in section 551(1) of title 5, United States Code, but does not

        include independent regulatory agencies.

          (2) Amount.--The term ``amount'', with respect to an authorization

        of appropriations for Federal financial assistance, means the amount

        of budget authority for any Federal grant assistance program or any

        Federal program providing loan guarantees or direct loans.

          (3) Direct costs.--The term ``direct costs''--

              (A)(i) in the case of a Federal intergovernmental mandate,

            means the aggregate estimated amounts that all State, local, and

            tribal governments would be required to spend or would be

            prohibited from raising in revenues in order to comply with the

            Federal intergovernmental mandate; or

                  (ii) in the case of a provision referred to in paragraph

                (5)(A)(ii), means the amount of Federal financial assistance

                eliminated or reduced;

              (B) in the case of a Federal private sector mandate, means the

            aggregate estimated amounts that the private sector will be

            required to spend in order to comply with the Federal private

            sector mandate;

              (C) shall be determined on the assumption that--

                  (i) State, local, and tribal governments, and the private

                sector will take all reasonable steps necessary to mitigate

                the costs resulting from the Federal mandate, and will

                comply with applicable standards of practice and conduct

                established by recognized professional or trade

                associations; and

                  (ii) reasonable steps to mitigate the costs shall not

                include increases in State, local, or tribal taxes or fees;

                and

              (D) shall not include--

                  (i) estimated amounts that the State, local, and tribal

                governments (in the case of a Federal intergovernmental

                mandate) or the private sector (in the case of a Federal

                private sector mandate) would spend--

                      (I) to comply with or carry out all applicable

                    Federal, State, local, and tribal laws and regulations

    [[Page 924]]
                    in effect at the time of the adoption of the

                    Federal mandate for the same activity as is affected by that Federal

                    mandate; or

                      (II) to comply with or carry out State, local, and

                    tribal governmental programs, or private-sector business

                    or other activities in effect at the time of the

                    adoption of the Federal mandate for the same activity as

                    is affected by that mandate; or

                  (ii) expenditures to the extent that such expenditures

                will be offset by any direct savings to the State, local,

                and tribal governments, or by the private sector, as a

                result of--

                      (I) compliance with the Federal mandate; or

                      (II) other changes in Federal law or regulation that

                    are enacted or adopted in the same bill or joint

                    resolution or proposed or final Federal regulation and

                    that govern the same activity as is affected by the

                    Federal mandate.

          (4) Direct savings.--The term ``direct savings'', when used with

        respect to the result of compliance with the Federal mandate--

              (A) in the case of a Federal intergovernmental mandate, means

            the aggregate estimated reduction in costs to any State, local,

            or tribal government as a result of compliance with the Federal

            intergovernmental mandate; and

              (B) in the case of a Federal private sector mandate, means the

            aggregate estimated reduction in costs to the private sector as

            a result of compliance with the Federal private sector mandate.

          (5) Federal intergovernmental mandate.--The term ``Federal

        intergovernmental mandate'' means--

              (A) any provision in legislation, statute, or regulation

            that--

                  (i) would impose an enforceable duty upon State, local, or

                tribal governments, except--

                      (I) a condition of Federal assistance; or

                      (II) a duty arising from participation in a voluntary

                    Federal program, except as provided in subparagraph (B);

                    or

                  (ii) would reduce or eliminate the amount of authorization

                of appropriations for--

                      (I) Federal financial assistance that would be

                    provided to State, local, or tribal governments for the

                    purpose of complying with any such previously imposed

                    duty unless such duty is reduced or eliminated by a

                    corresponding amount; or

    [[Page 925]]

                      (II) the control of borders by the Federal Government;

                    or reimbursement to State, local, or tribal governments

                    for the net cost associated with illegal, deportable,

                    and excludable aliens, including court-mandated expenses

                    related to emergency health care, education or criminal

                    justice; when such a reduction or elimination would

                    result in increased net costs to State, local, or tribal

                    governments in providing education or emergency health

                    care to, or incarceration of, illegal aliens; except

                    that this subclause shall not be in effect with respect

                    to a State, local, or tribal government, to the extent

                    that such government has not fully cooperated in the

                    efforts of the Federal Government to locate, apprehend,

                    and deport illegal aliens;

              (B) any provision in legislation, statute, or regulation that

            relates to a then-existing Federal program under which

            $500,000,000 or more is provided annually to State, local, and

            tribal governments under entitlement authority, if the

            provision--

                  (i)(I) would increase the stringency of conditions of

                assistance to State, local, or tribal governments under the

                program; or

                      (II) would place caps upon, or otherwise decrease, the

                    Federal Government's responsibility to provide funding

                    to State, local, or tribal governments under the

                    program; and

                  (ii) the State, local, or tribal governments that

                participate in the Federal program lack authority under that

                program to amend their financial or programmatic

                responsibilities to continue providing required services

                that are affected by the legislation, statute, or

                regulation.

          (6) Federal mandate.--The term ``Federal mandate'' means a Federal

        intergovernmental mandate or a Federal private sector mandate, as

        defined in paragraphs (5) and (7).

          (7) Federal private sector mandate.--The term ``Federal private

        sector mandate'' means any provision in legislation, statute, or

        regulation that--

              (A) would impose an enforceable duty upon the private sector

            except--

                  (i) a condition of Federal assistance; or

                  (ii) a duty arising from participation in a voluntary

                Federal program; or

    [[Page 926]]

              (B) would reduce or eliminate the amount of authorization of

            appropriations for Federal financial assistance that will be

            provided to the private sector for the purposes of ensuring

            compliance with such duty.

          (8) Local government.--The term ``local government'' has the same

        meaning as defined in section 6501(6) of title 31, United States

        Code.

          (9) Private sector.--The term ``private sector'' means all persons

        or entities in the United States, including individuals,

        partnerships, associations, corporations, and educational and

        nonprofit institutions, but shall not include State, local, or

        tribal governments.

          (10) Regulation; rule.--The term ``regulation'' or ``rule''

        (except with respect to a rule of either House of the Congress) has

        the meaning of ``rule'' as defined in section 601(2) of title 5,

        United States Code.

          (11) Small government.--The term ``small government'' means any

        small governmental jurisdictions defined in section 601(5) of title

        5, United States Code, and any tribal government.

          (12) State.--The term ``State'' has the same meaning as defined in

        section 6501(9) of title 31, United States Code.

          (13) Tribal government.--The term ``tribal government'' means any

        Indian tribe, band, nation, or other organized group or community,

        including any Alaska Native village or regional or village

        corporation as defined in or established pursuant to the Alaska

        Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.)

        which is recognized as eligible for the special programs and

        services provided by the United States to Indians because of their

        special status as Indians.
    SEC. 422. EXCLUSIONS.

      This part shall not apply to any provision in a bill, joint
    resolution, amendment, motion, or conference report before Congress
    that--

          (1) enforces constitutional rights of individuals;

          (2) establishes or enforces any statutory rights that prohibit

        discrimination on the basis of race, color, religion, sex, national

        origin, age, handicap, or disability;

          (3) requires compliance with accounting and auditing procedures

        with respect to grants or other money or property provided by the

        Federal Government;

          (4) provides for emergency assistance or relief at the request of

        any State, local, or tribal government or any official of a State,

        local, or tribal government;

    [[Page 927]]

          (5) is necessary for the national security or the ratification or

        implementation of international treaty obligations;

          (6) the President designates as emergency legislation and that the

        Congress so designates in statute; or

          (7) relates to the old-age, survivors, and disability insurance

        program under title II of the Social Security Act (including taxes

        imposed by sections 3101(a) and 3111(a) of the Internal Revenue Code

        of 1986 (relating to old-age, survivors, and disability insurance)).
    SEC. 423. DUTIES OF CONGRESSIONAL COMMITTEES.

      (a) In General.--When a committee of authorization of the Senate or
    the House of Representatives reports a bill or joint resolution of
    public character that includes any Federal mandate, the report of the
    committee accompanying the bill or joint resolution shall contain the
    information required by subsections (c) and (d).

      (b) Submission of Bills to the Director.--When a committee of
    authorization of the Senate or the House of Representatives orders
    reported a bill or joint resolution of a public character, the committee
    shall promptly provide the bill or joint resolution to the Director of
    the Congressional Budget Office and shall identify to the Director any
    Federal mandates contained in the bill or resolution.

      (c) Reports on Federal Mandates.--Each report described under
    subsection (a) shall contain--

          (1) an identification and description of any Federal mandates in

        the bill or joint resolution, including the direct costs to State,

        local, and tribal governments, and to the private sector, required

        to comply with the Federal mandates;

          (2) a qualitative, and if practicable, a quantitative assessment

        of costs and benefits anticipated from the Federal mandates

        (including the effects on health and safety and the protection of

        the natural environment); and

          (3) a statement of the degree to which a Federal mandate affects

        both the public and private sectors and the extent to which Federal

        payment of public sector costs or the modification or termination of

        the Federal mandate as provided under section 425(a)(2) would affect

        the competitive balance between State, local, or tribal governments

        and the private sector including a description of the actions, if

        any, taken by the committee to avoid any adverse impact on the

        private sector or the competitive balance between the public sector

        and the private sector.

    [[Page 928]]

      (d) Intergovernmental Mandates.--If any of the Federal mandates in the
    bill or joint resolution are Federal intergovernmental mandates, the
    report required under subsection (a) shall also contain--

          (1)(A) a statement of the amount, if any, of increase or decrease

        in authorization of appropriations under existing Federal financial

        assistance programs, or of authorization of appropriations for new

        Federal financial assistance, provided by the bill or joint

        resolution and usable for activities of State, local, or tribal

        governments subject to the Federal intergovernmental mandates;

              (B) a statement of whether the committee intends that the

            Federal intergovernmental mandates be partly or entirely

            unfunded, and if so, the reasons for that intention; and

              (C) if funded in whole or in part, a statement of whether and

            how the committee has created a mechanism to allocate the

            funding in a manner that is reasonably consistent with the

            expected direct costs among and between the respective levels of

            State, local, and tribal government; and

          (2) any existing sources of Federal assistance in addition to

        those identified in paragraph (1) that may assist State, local, and

        tribal governments in meeting the direct costs of the Federal

        intergovernmental mandates.

      (e) Preemption Clarification and Information.--When a committee of
    authorization of the Senate or the House of Representatives reports a
    bill or joint resolution of public character, the committee report
    accompanying the bill or joint resolution shall contain, if relevant to
    the bill or joint resolution, an explicit statement on the extent to
    which the bill or joint resolution is intended to preempt any State,
    local, or tribal law, and, if so, an explanation of the effect of such
    preemption.

      (f) Publication of Statement From the Director.--

          (1) In general.--Upon receiving a statement from the Director

        under section 424, a committee of the Senate or the House of

        Representatives shall publish the statement in the committee report

        accompanying the bill or joint resolution to which the statement

        relates if the statement is available at the time the report is

        printed.

          (2) Other publication of statement of director.--If the statement

        is not published in the report, or if the bill or joint resolution

        to which the statement relates is expected to be considered by the

    [[Page 929]]
        Senate or the House of

        Representatives before the report is published, the committee shall

        cause the statement, or a summary thereof, to be published in the

        Congressional Record in advance of floor consideration of the bill

        or joint resolution.
    SEC. 424. DUTIES OF THE DIRECTOR; STATEMENTS ON BILLS AND JOINT

            RESOLUTIONS OTHER THAN APPROPRIATIONS BILLS AND JOINT

            RESOLUTIONS.

      (a) Federal Intergovernmental Mandates in Reported Bills and
    Resolutions.--For each bill or joint resolution of a public character
    reported by any committee of authorization of the Senate or the House of
    Representatives, the Director of the Congressional Budget Office shall
    prepare and submit to the committee a statement as follows:

          (1) Contents.--If the Director estimates that the direct cost of

        all Federal intergovernmental mandates in the bill or joint

        resolution will equal or exceed $50,000,000 (adjusted annually for

        inflation) in the fiscal year in which any Federal intergovernmental

        mandate in the bill or joint resolution (or in any necessary

        implementing regulation) would first be effective or in any of the 4

        fiscal years following such fiscal year, the Director shall so

        state, specify the estimate, and briefly explain the basis of the

        estimate.

          (2) Estimates.--Estimates required under paragraph (1) shall

        include estimates (and brief explanations of the basis of the

        estimates) of--

              (A) the total amount of direct cost of complying with the

            Federal intergovernmental mandates in the bill or joint

            resolution;

              (B) if the bill or resolution contains an authorization of

            appropriations under section 425(a)(2)(B), the amount of new

            budget authority for each fiscal year for a period not to exceed

            10 years beyond the effective date necessary for the direct cost

            of the intergovernmental mandate; and

              (C) the amount, if any, of increase in authorization of

            appropriations under existing Federal financial assistance

            programs, or of authorization of appropriations for new Federal

            financial assistance, provided by the bill or joint resolution

            and usable by State, local, or tribal governments for activities

            subject to the Federal intergovernmental mandates.

          (3) Estimate not feasible.--If the Director determines that it is

        not feasible to make a reasonable estimate that would be required

    [[Page 930]]
        under paragraphs (1) and

        (2), the Director shall not make the estimate, but shall report in the

        statement that the reasonable estimate cannot be made and shall

        include the reasons for that determination in the statement. If such

        determination is made by the Director, a point of order under this

        part shall lie only under section 425(a)(1) and as if the

        requirement of section 425(a)(1) had not been met.

      (b) Federal Private Sector Mandates in Reported Bills and Joint
    Resolutions.--For each bill or joint resolution of a public character
    reported by any committee of authorization of the Senate or the House of
    Representatives, the Director of the Congressional Budget Office shall
    prepare and submit to the committee a statement as follows:

          (1) Contents.--If the Director estimates that the direct cost of

        all Federal private sector mandates in the bill or joint resolution

        will equal or exceed $100,000,000 (adjusted annually for inflation)

        in the fiscal year in which any Federal private sector mandate in

        the bill or joint resolution (or in any necessary implementing

        regulation) would first be effective or in any of the 4 fiscal years

        following such fiscal year, the Director shall so state, specify the

        estimate, and briefly explain the basis of the estimate.

          (2) Estimates.--Estimates required under paragraph (1) shall

        include estimates (and a brief explanation of the basis of the

        estimates) of--

              (A) the total amount of direct costs of complying with the

            Federal private sector mandates in the bill or joint resolution;

            and

              (B) the amount, if any, of increase in authorization of

            appropriations under existing Federal financial assistance

            programs, or of authorization of appropriations for new Federal

            financial assistance, provided by the bill or joint resolution

            usable by the private sector for the activities subject to the

            Federal private sector mandates.

          (3) Estimate not feasible.--If the Director determines that it is

        not feasible to make a reasonable estimate that would be required

        under paragraphs (1) and (2), the Director shall not make the

        estimate, but shall report in the statement that the reasonable

        estimate cannot be made and shall include the reasons for that

        determination in the statement.

    [[Page 931]]
    costs of a Federal mandate will not equal or exceed the thresholds
    specified in subsections (a) and (b), the Director shall so state and
    shall briefly explain the basis of the estimate.
      (c) Legislation Falling Below the Direct Costs Thresholds.--If the
    Director estimates that the direct

      (d) Amended Bills and Joint Resolutions; Conference Reports.--If a
    bill or joint resolution is passed in an amended form (including if
    passed by one House as an amendment in the nature of a substitute for
    the text of a bill or joint resolution from the other House) or is
    reported by a committee of conference in amended form, and the amended
    form contains a Federal mandate not previously considered by either
    House or which contains an increase in the direct cost of a previously
    considered Federal mandate, then the committee of conference shall
    ensure, to the greatest extent practicable, that the Director shall
    prepare a statement as provided in this subsection or a supplemental
    statement for the bill or joint resolution in that amended form.
    SEC. 425. LEGISLATION SUBJECT TO POINT OF ORDER.

      (a) In General.--It shall not be in order in the Senate or the House
    of Representatives to consider--

          (1) any bill or joint resolution that is reported by a committee

        unless the committee has published a statement of the Director on

        the direct costs of Federal mandates in accordance with section

        423(f) before such consideration, except this paragraph shall not

        apply to any supplemental statement prepared by the Director under

        section 424(d); and

          (2) any bill, joint resolution, amendment, motion, or conference

        report that would increase the direct costs of Federal

        intergovernmental mandates by an amount that causes the thresholds

        specified in section 424(a)(1) to be exceeded, unless--

              (A) the bill, joint resolution, amendment, motion, or

            conference report provides new budget authority or new

            entitlement authority in the House of Representatives or direct

            spending authority in the Senate for each fiscal year for such

            mandates included in the bill, joint resolution, amendment,

            motion, or conference report in an amount equal to or exceeding

            the direct costs of such mandate; or

              (B) the bill, joint resolution, amendment, motion, or

            conference report includes an authorization for appropriations

            in an amount equal to or exceeding the direct costs of such

            mandate, and--

    [[Page 932]]

                  (i) identifies a specific dollar amount of the direct

                costs of such mandate for each year up to 10 years during

                which such mandate shall be in effect under the bill, joint

                resolution, amendment, motion or conference report, and such

                estimate is consistent with the estimate determined under

                subsection (e) for each fiscal year;

                  (ii) identifies any appropriation bill that is expected to

                provide for Federal funding of the direct cost referred to

                under clause (i); and

                  (iii)(I) provides that for any fiscal year the responsible

                Federal agency shall determine whether there are

                insufficient appropriations for that fiscal year to provide

                for the direct costs under clause (i) of such mandate, and

                shall (no later than 30 days after the beginning of the

                fiscal year) notify the appropriate authorizing committees

                of Congress of the determination and submit either--

                          (aa) a statement that the agency has determined,

                        based on a re-estimate of the direct costs of such

                        mandate, after consultation with State, local, and

                        tribal governments, that the amount appropriated is

                        sufficient to pay for the direct costs of such

                        mandate; or

                          (bb) legislative recommendations for either

                        implementing a less costly mandate or making such

                        mandate ineffective for the fiscal year;

                      (II) provides for expedited procedures for the

                    consideration of the statement or legislative

                    recommendations referred to in subclause (I) by Congress

                    no later than 30 days after the statement or

                    recommendations are submitted to Congress; and

                      (III) provides that such mandate shall--

                          (aa) in the case of a statement referred to in

                        subclause (I)(aa), cease to be effective 60 days

                        after the statement is submitted unless Congress has

                        approved the agency's determination by joint

                        resolution during the 60-day period;

                          (bb) cease to be effective 60 days after the date

                        the legislative recommendations of the responsible

                        Federal agency are submitted to Congress under

                        subclause (I)(bb) unless Congress provides otherwise

                        by law; or

                          (cc) in the case that such mandate that has not

                        yet taken effect, continue not to be effective

                        unless Congress provides otherwise by law.

    [[Page 933]]

      (b) Rule of Construction.--The provisions of subsection (a)(2)(B)(iii)
    shall not be construed to prohibit or otherwise restrict a State, local,
    or tribal government from voluntarily electing to remain subject to the
    original Federal intergovernmental mandate, complying with the
    programmatic or financial responsibilities of the original Federal
    intergovernmental mandate and providing the funding necessary consistent
    with the costs of Federal agency assistance, monitoring, and
    enforcement.

      (c) Committee on Appropriations.--

          (1) Application.--The provisions of subsection (a)--

              (A) shall not apply to any bill or resolution reported by the

            Committee on Appropriations of the Senate or the House of

            Representatives; except

              (B) shall apply to--

                  (i) any legislative provision increasing direct costs of a

                Federal intergovernmental mandate contained in any bill or

                resolution reported by the Committee on Appropriations of

                the Senate or House of Representatives;

                  (ii) any legislative provision increasing direct costs of

                a Federal intergovernmental mandate contained in any

                amendment offered to a bill or resolution reported by the

                Committee on Appropriations of the Senate or House of

                Representatives;

                  (iii) any legislative provision increasing direct costs of

                a Federal intergovernmental mandate in a conference report

                accompanying a bill or resolution reported by the Committee

                on Appropriations of the Senate or House of Representatives;

                and

                  (iv) any legislative provision increasing direct costs of

                a Federal intergovernmental mandate contained in any

                amendments in disagreement between the two Houses to any

                bill or resolution reported by the Committee on

                Appropriations of the Senate or House of Representatives.

          (2) Certain provisions stricken in senate.--Upon a point of order

        being made by any Senator against any provision listed in paragraph

        (1)(B), and the point of order being sustained by the Chair, such

        specific provision shall be deemed stricken from the bill,

        resolution, amendment, amendment in disagreement, or conference

        report and may not be offered as an amendment from the floor.

    [[Page 934]]
    presiding officer of the Senate shall consult with the Committee on
    Governmental Affairs, to the extent practicable, on questions concerning
    the applicability of this part to a pending bill, joint resolution,
    amendment, motion, or conference report.
      (d) Determinations of Applicability to Pending Legislation.--For
    purposes of this section, in the Senate, the

      (e) Determinations of Federal Mandate Levels.--For purposes of this
    section, in the Senate, the levels of Federal mandates for a fiscal year
    shall be determined based on the estimates made by the Committee on the
    Budget.
    SEC. 426. PROVISIONS RELATING TO THE HOUSE OF REPRESENTATIVES.

      (a) Enforcement in the House of Representatives.--It shall not be in
    order in the House of Representatives to consider a rule or order that
    waives the application of section 425.

      (b) Disposition of Points of Order.--

          (1) Application to the house of representatives.--This subsection

        shall apply only to the House of Representatives.

          (2) Threshold burden.--In order to be cognizable by the Chair, a

        point of order under section 425 or subsection (a) of this section

        must specify the precise language on which it is premised.

          (3) Question of consideration.--As disposition of points of order

        under section 425 or subsection (a) of this section, the Chair shall

        put the question of consideration with respect to the proposition

        that is the subject of the points of order.

          (4) Debate and intervening motions.--A question of consideration

        under this section shall be debatable for 10 minutes by each Member

        initiating a point of order and for 10 minutes by an opponent on

        each point of order, but shall otherwise be decided without

        intervening motion except one that the House adjourn or that the

        Committee of the Whole rise, as the case may be.

          (5) Effect on amendment in order as original text.--The

        disposition of the question of consideration under this subsection

        with respect to a bill or joint resolution shall be considered also

        to determine the question of consideration under this subsection

        with respect to an amendment made in order as original text.

    [[Page 935]]

    SEC. 427. REQUESTS TO THE CONGRESSIONAL BUDGET OFFICE FROM SENATORS.

      At the written request of a Senator, the Director shall, to the extent
    practicable, prepare an estimate of the direct costs of a Federal
    intergovernmental mandate contained in an amendment of such Senator.
    SEC. 428. CLARIFICATION OF APPLICATION.

      (a) In General.--This part applies to any bill, joint resolution,
    amendment, motion, or conference report that reauthorizes
    appropriations, or that amends existing authorizations of
    appropriations, to carry out any statute, or that otherwise amends any
    statute, only if enactment of the bill, joint resolution, amendment,
    motion, or conference report--

          (1) would result in a net reduction in or elimination of

        authorization of appropriations for Federal financial assistance

        that would be provided to State, local, or tribal governments for

        use for the purpose of complying with any Federal intergovernmental

        mandate, or to the private sector for use to comply with any Federal

        private sector mandate, and would not eliminate or reduce duties

        established by the Federal mandate by a corresponding amount; or

          (2) would result in a net increase in the aggregate amount of

        direct costs of Federal intergovernmental mandates or Federal

        private sector mandates other than as described in paragraph (1).

      (b) Direct Costs.--

          (1) In general.--For purposes of this part, the direct cost of the

        Federal mandates in a bill, joint resolution, amendment, motion, or

        conference report that reauthorizes appropriations, or that amends

        existing authorizations of appropriations, to carry out a statute,

        or that otherwise amends any statute, means the net increase,

        resulting from enactment of the bill, joint resolution, amendment,

        motion, or conference report, in the amount described under

        paragraph (2)(A) over the amount described under paragraph (2)(B).

          (2) Amounts.--The amounts referred to under paragraph (1) are--

              (A) the aggregate amount of direct costs of Federal mandates

            that would result under the statute if the bill, joint

            resolution, amendment, motion, or conference report is enacted;

            and

              (B) the aggregate amount of direct costs of Federal mandates

    [[Page 936]]
            that would result under the statute if the

            bill, joint resolution, amendment, motion, or conference report were

            not enacted.

          (3) Extension of authorization of appropriations.--For purposes of

        this section, in the case of legislation to extend authorization of

        appropriations, the authorization level that would be provided by

        the extension shall be compared to the authorization level for the

        last year in which authorization of appropriations is already

        provided.

      Part B of title IV was added by the Unfunded Mandates Reform Act of
    1995 (sec. 101(a), P.L. 104-4; 109 Stat. 50-60), to be effective on
    January 1, 1996, or 90 days after appropriations are made available to
    the Congressional Budget Office pursuant to the 1995 Act, whichever is
    earlier (sec. 110; 109 Stat. 64). That Act explicitly declared that the
    new part was enacted as an exercise of Congressional rulemaking powers
    (sec. 108; 109 Stat. 63-64). The Act excluded from its coverage seven
    classes of subject matter in legislative measures or regulations (sec.
    4; 109 Stat. 49). It also provided that nothing in the Act shall
    preclude a State, local, or tribal government that already complies with
    all or part of a Federal intergovernmental mandates included in a
    measure from consideration for Federal funding under section 425(a)(2)
    of the Budget Act for the cost of the mandate including, the costs the
    State, local, or tribal government is currently paying and any
    additional costs necessary to meet the mandate (sec. 105; 109 Stat. 62-
    63).

    SEC. 601. DEFINITIONS AND POINT OF ORDER.
                TITLE VI--BUDGET AGREEMENT ENFORCEMENT PROVISIONS

      (a) Definitions.--As used in this title and for purposes of the
    Balanced Budget and Emergency Deficit Control Act of 1985:

          (1) Maximum deficit amount.--The term ``maximum deficit amount''

        means--

              (A) with respect to fiscal year 1991, $327,000,000,000;

              (B) with respect to fiscal year 1992, $317,000,000,000;

              (C) with respect to fiscal year 1993, $236,000,000,000;

              (D) with respect to fiscal year 1994, $102,000,000,000;

              (E) with respect to fiscal year 1995, $83,000,000,000; and

              (F) with respect to fiscal years 1996, 1997, and 1998, for the

    [[Page 937]]
            discretionary category, the amounts set

            forth for those years in section 12(b)(1) of House Concurrent

            Resolution 64 (One Hundred Third Congress);

        as adjusted in strict conformance with sections 251, 252, and 253 of

        the Balanced Budget and Emergency Deficit Control Act of 1985.

          (2) Discretionary spending limit.--The term ``discretionary

        spending limit'' means--

              (A) with respect to fiscal year 1991--

                      (i) for the defense category: $288,918,000,000 in new

                    budget authority and $297,660,000,000 in outlays;

                      (ii) for the international category: $20,100,000,000

                    in new budget authority and $18,600,000,000 in outlays;

                    and

                      (iii) for the domestic category: $182,700,000,000 in

                    new budget authority and $198,100,000,000 in outlays;

              (B) with respect to fiscal year 1992--

                      (i) for the defense category: $291,643,000,000 in new

                    budget authority and $295,744,000,000 in outlays;

                      (ii) for the international category: $20,500,000,000

                    in new budget authority and $19,100,000,000 in outlays;

                    and

                      (iii) for the domestic category: $191,300,000,000 in

                    new budget authority and $210,100,000,000 in outlays;

              (C) with respect to fiscal year 1993--

                      (i) for the defense category: $291,785,000,000 in new

                    budget authority and $292,686,000,000 in outlays;

                      (ii) for the international category: $21,400,000,000

                    in new budget authority and $19,600,000,000 in outlays;

                    and

                      (iii) for the domestic category: $198,300,000,000 in

                    new budget authority and $221,700,000,000 in outlays;

              (D) with respect to fiscal year 1994, for the discretionary

            category: $510,800,000,000 in new budget authority and

            $534,800,000,000 in outlays; and

              (E) with respect to fiscal year 1995, for the discretionary

            category: $517,700,000,000 in new budget authority and

            $540,800,000,000 in outlays;

        as adjusted in strict conformance with section 251 of the Balanced

    [[Page 938]]

        Budget and Emergency Deficit Control Act of 1985.

      (b) Point of Order in the Senate on Aggregate Allocations for Defense,
    International, and Domestic Discretionary Spending.--(1) Except as
    otherwise provided in this subsection, it shall not be in order in the
    Senate to consider any concurrent resolution on the budget for fiscal
    year 1995, 1996, 1997, or 1998 (or amendment, motion, or conference
    report on such a resolution) that would exceed any of the discretionary
    spending limits in this section.

      (3) For purposes of this subsection, the levels of new budget
    authority and outlays for a fiscal year shall be determined on the basis
    of estimates made by the Committee on the Budget of the Senate.

      (4) This subsection shall not apply if a declaration of war by the
    Congress is in effect or if a joint resolution pursuant to section 258
    of the Balanced Budget and Emergency Deficit Control Act of 1985 has
    been enacted.

      The limits on discretionary spending in three categories (defense,
    international, and domestic) were first established by the Budget
    Enforcement Act of 1990 (tit. XIII, P.L. 101-508), and initially
    addressed fiscal years 1991 through 1995 (see section 607, infra).
    Section 601 was amended by the Omnibus Budget Reconciliation Act of 1993
    to extend the system of discretionary spending limits through fiscal
    year 1998 (tit. XIV, P.L. 103-66; 107 Stat. 683). The limits are
    enforced by sequestration (and a point of order in the Senate).
    Subsection (b) of section 601 has no paragraph (2); its second and third
    paragraphs were inadvertently designated as (3) and (4), respectively.
    In addition to adjustments pursuant to section 251 of the Balanced
    Budget and Emergency Deficit Control Act of 1985 (see Sec. 1008, infra),
    the discretionary spending limits set forth in this section were
    adjusted pursuant to the Violent Crime Control and Law Enforcement Act
    of 1994 (tit. XXXI, P.L. 103-322; 108 Stat. 2105) and (for enforcement
    in the Senate), pursuant to the concurrent resolution on the budget for
    fiscal year 1995 (H. Con. Res. 218, May 4, 1994, p. ----).
    SEC. 602. COMMITTEE ALLOCATIONS AND ENFORCEMENT.

      (a) Committee Spending Allocations.--(1) House of representatives.--

              (A) Allocation among committees.--The joint explanatory

            statement accompanying a conference report on a budget

            resolution shall include allocations, consistent with the

            resolution recommended in the conference report, of the

            appropriate levels (for each fiscal year covered by that

            resolution and a total for all such years) of--

                  (i) total new budget authority,

                  (ii) total entitlement authority,

    [[Page 939]]

                  (iii) total outlays,

                  (iv) new budget authority from the Violent Crime Reduction

                Trust Fund, and

                  (v) outlays from the Violent Crime Reduction Trust Fund;

            among each committee of the House of Representatives that has

            jurisdiction over legislation providing or creating such

            amounts.

              (B) No double counting.--Any item allocated to one committee

            of the House of Representatives may not be allocated to another

            such committee.

              (C) Further division of amounts.--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 for each

            fiscal year shall be further divided between discretionary and

            mandatory amounts or programs, as appropriate.

      (2) Senate allocation among committees.--The joint explanatory
    statement accompanying a conference report on a budget resolution shall
    include an allocation, consistent with the resolution recommended in the
    conference report, of the appropriate levels of--

              (A) total new budget authority;

              (B) total outlays;

              (C) social security outlays;

              (D) new budget authority from the Violent Crime Reduction

            Trust Fund; and

              (E) outlays from the Violent Crime Reduction Trust Fund;

            among each committee of the Senate that has jurisdiction over

            legislation providing or creating such amounts.

      (3) Amounts not allocated.--(A) In the House of Representatives, if a
    committee receives no allocation of new budget authority, entitlement
    authority, or outlays, that committee shall be deemed to have received
    an allocation equal to zero for new budget authority, entitlement
    authority, or outlays.

    [[Page 940]]
    allocation equal to zero for new budget authority, outlays, or social
    security outlays.
      (B) In the Senate, if a committee receives no allocation of new budget
    authority, outlays, or social security outlays, that committee shall be
    deemed to have received an

      (4) No double counting.--Amounts allocated among committees under
    clause (iv) or (v) of paragraph (1)(A) or under subparagraph (D) or (E)
    of paragraph (2) shall not be included within any other allocation under
    that paragraph.

      (b) Suballocations by Committees.--

              (1) Suballocations by appropriations committees.--As soon as

            practicable after a budget resolution is agreed to, the

            Committee on Appropriations of each House (after consulting with

            the Committee on Appropriations of the other House) shall

            suballocate each amount allocated to it for the budget year

            under subsection (a)(1)(A) or (a)(2) among its subcommittees.

            Each Committee on Appropriations shall promptly report to its

            House suballocations made or revised under this paragraph.

              (2) Suballocations by other committees of the senate.--Each

            other committee of the Senate to which an allocation under

            subsection (a)(2) is made in the joint explanatory statement may

            subdivide each amount allocated to it under subsection (a) among

            its subcommittees or among programs over which it has

            jurisdiction and shall promptly report any such suballocations

            to the Senate. Section 302(c) shall not apply in the Senate to

            committees other than the Committee on Appropriations.

      (c) Application of Section 302(f) to This Section.--In fiscal years
    through 1995, reference in section 302(f) to the appropriate allocation
    made pursuant to section 302(b) for a fiscal year shall, for purposes of
    this section, be deemed to be a reference to any allocation made under
    subsection (a) or any suballocation made under subsection (b), as
    applicable, for the fiscal year of the resolution or for the total of
    all fiscal years made by the joint explanatory statement accompanying
    the applicable concurrent resolution on the budget. In the House of
    Representatives, the preceding sentence shall not apply with respect to
    fiscal year 1991.

    [[Page 941]]
    erences in section 302(c), (d), (e), (f), and (g) to section 302(a)
    shall be deemed to be to subsection (a) (including revisions made under
    section 604) and all such references to section 302(b) shall be deemed
    to be to subsection (b) (including revisions made under section 604).

      (d) Application of Subsections (a) and (b) to Fiscal Years 1992 to
    1995.--In the case of concurrent resolutions on the budget for fiscal
    years 1992 through 1995, allocations shall be made under subsection (a)
    instead of section 302(a) and shall be made under subsection (b) instead
    of section 302(b). For those fiscal years, all ref

      (e) Pay-As-You-Go Exception in the House.--[1] Section 302(f)(1) and,
    after April 15 of any calendar year section 303(a), shall not apply to
    any bill, joint resolution, amendment thereto, or conference report
    thereon if, for each fiscal year covered by the most recently agreed to
    concurrent resolution on the budget--

              [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 not increase the deficit for any such fiscal year, 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.

      (2) Revised allocations.--

              (A) As soon as practicable after Congress agrees to a bill or

            joint resolution that would have been subject to a point of

            order under section 302(f)(1) but for the exception provided in

            paragraph (1), the chairman of the Committee on the Budget of

            the House of Representatives may file with the House

            appropriately revised allocations under section 302(a) and

            revised functional levels and budget aggregates to reflect that

            bill.

              (B) Such revised allocations, functional levels, and budget

            aggregates shall be considered for the purposes of this Act as

            allocations, functional levels, and budget aggregates contained

            in the most recently agreed to concurrent resolution on the

            budget.

    [[Page 942]]
    respectively. Section 602(a) was amended by the Violent Crime Control
    and Law Enforcement Act of 1994 to prescribe the treatment of new budget
    authority and outlays from the Violent Crime Reduction Trust Fund (tit.
    XXXI, P.L. 103-322; 108 Stat. 2103-4).
    SEC. 603. CONSIDERATION OF LEGISLATION BEFORE ADOPTION OF BUDGET
      The first sentence of subsection (e) should have been designated as
    (1); the designations (1) through (3) therein should have been (A)
    through (C),

            RESOLUTION FOR THAT FISCAL YEAR.

      (a) Adjusting Section Allocation of Discretionary Spending.--If a
    concurrent resolution on the budget is not adopted by April 15, the
    chairman of the Committee on the Budget of the House of Representatives
    shall submit to the House, as soon as practicable, a section 602(a)
    allocation to the Committee on Appropriations consistent with the
    discretionary spending limits contained in the most recent budget
    submitted by the President under section 1105(a) of title 31, United
    States Code. Such allocation shall include the full allowance specified
    under section 251(b)(2)(E)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

      (b) As soon as practicable after a section 602(a) allocation is
    submitted under this section, the Committee on Appropriations shall make
    suballocations and promptly report those suballocations to the House of
    Representatives.
    SEC. 604. RECONCILIATION DIRECTIVES REGARDING PAY-AS-YOU-GO

            REQUIREMENTS.

      (a) Instructions to Effectuate Pay-As-You-Go in the House of
    Representatives.--If legislation providing for a net reduction in
    revenues in any fiscal year (that, within the same measure, is not fully
    offset in that fiscal year by reductions in direct spending) is enacted,
    the Committee on the Budget of the House of Representatives may report,
    within 15 legislative days during a Congress, a pay-as-you-go
    reconciliation directive in the form of a concurrent resolution--

              (1) specifying the total amount by which revenues sufficient

            to eliminate the net deficit increase resulting from that

            legislation in each fiscal year are to be changed; and

              (2) directing that the committees having jurisdiction

            determine and recommend changes in the revenue law, bills, and

            resolutions to accomplish a change of such total amount.

    [[Page 943]]
    onciliation directive described in subsection (a) were a concurrent
    resolution on the budget.
    SEC. 605. APPLICATION OF SECTION 311; POINT OF ORDER.
      (b) Consideration of Pay-As-You-Go Reconciliation Legislation in the
    House of Representatives.--In the House of Representatives, subsections
    (b) through (d) of section 301 shall apply in the same manner as if the
    rec

      (a) Application of Section 311(a).--(1) In the House of
    Representatives, in the application of section 311(a)(1) to any bill,
    resolution, amendment, or conference report, reference in section 311 to
    the appropriate level of total budget authority or total budget outlays
    or appropriate level of total revenues set forth in the most recently
    agreed to concurrent resolution on the budget for a fiscal year shall be
    deemed to be a reference to the appropriate level for that fiscal year
    and to the total of the appropriate level for that year and the 4
    succeeding years.

      (2) In the Senate, in the application of section 311(a)(2) to any
    bill, resolution, motion, or conference report, reference in section 311
    to the appropriate level of total revenues set forth in the most
    recently agreed to concurrent resolution on the budget for a fiscal year
    shall be deemed to be a reference to the appropriate level for that
    fiscal year and to the total of the appropriate levels for that year and
    the 4 succeeding years.

      (b) Maximum Deficit Amount Point of Order in the Senate.--After
    Congress has completed action on a concurrent resolution on the budget,
    it shall not be in order in the Senate to consider any bill, resolution,
    amendment, motion, or conference report that would result in a deficit
    for the first fiscal year covered by that resolution that exceeds the
    maximum deficit amount specified for such fiscal year in section 601(a).
    SEC. 606. 5-YEAR BUDGET RESOLUTIONS: BUDGET RESOLUTIONS MUST CONFORM TO

            BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985.

      (a) 5-Year Budget Resolutions.--In the case of any concurrent
    resolution on the budget for fiscal year 1992, 1993, 1994, or 1995, that
    resolution shall set forth appropriate levels for the fiscal year
    beginning on October 1 of the calendar year in which it is reported and
    for each of the 4 succeeding fiscal years for the matters described in
    section 301(a).

    [[Page 944]]
    conference report as determined under section 601(a), including
    possible revisions under part C of the Balanced Budget and Emergency
    Deficit Control Act of 1985.
      (b) Point of Order in the House of Representatives.--It shall not be
    in order in the House of Representatives to consider any concurrent
    resolution on the budget for a fiscal year or conference report thereon
    under section 301 or 304 that exceeds the maximum deficit amount for
    each fiscal year covered by the concurrent resolution or

      (c) 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 under section 301, or to consider any amendment to such a
    concurrent resolution, or to consider a conference report on such a
    concurrent resolution, if the level of total budget outlays for the
    first fiscal year that is set forth in such concurrent resolution or
    conference report exceeds the recommended level of Federal revenues set
    forth for that year by an amount that is greater than the maximum
    deficit amount for such fiscal year as determined under section 601(a),
    or if the adoption of such amendment would result in a level of total
    budget outlays for that fiscal year which exceeds the recommended level
    of Federal revenues for that fiscal year, by an amount that is greater
    than the maximum deficit amount for such fiscal years as determined
    under section 601(a).

      (d) Adjustments.--(1) Notwithstanding any other provision of law,
    concurrent resolutions on the budget for fiscal years 1992, 1993, 1994,
    and 1995 under section 301 or 304 may set forth levels consistent with
    allocations increased by--

              (A) amounts not to exceed the budget authority amounts in

            section 251(b)(2)(E)(i) and (ii) of the Balanced Budget and

            Emergency Deficit Control Act of 1985 and the composite outlays

            per category consistent with them; and

              (B) the budget authority and outlay amounts in section

            251(b)(1) of that Act.

      (2) For purposes of congressional consideration of provisions
    described in sections 251(b)(2)(A), 251(b)(2)(B), 251(b)(2)(C),
    251(b)(2)(D), and 252(e), determinations under sections 302, 303, and
    311 shall not take into account any new budget authority, new
    entitlement authority, outlays, receipts, or deficit effects in any
    fiscal year of those provisions.
    SEC. 607. EFFECTIVE DATE.

      This title shall take effect upon its date of enactment and shall
    apply to fiscal years 1991 to 1998.

    [[Page 945]]
    1993 to extend its applicability through fiscal year 1998 (tit. XIV,
    P.L. 103-66; 107 Stat. 684).

      Title VI was added by the Budget Enforcement Act of 1990 (tit. XIII,
    P.L. 101-508) and was originally to apply for fiscal years 1991 to 1995.
    Section 607 was amended by the Omnibus Budget Reconciliation Act of

                    TITLE VII--PROGRAM REVIEW AND EVALUATION

             *            *            *            *            *

             CONTINUING STUDY OF ADDITIONAL BUDGET REFORM PROPOSALS

      Sec. 703. (a) The Committees on the Budget of the House of
    Representatives and the Senate shall study on a continuing basis
    proposals designed to improve and facilitate methods of congressional
    budgetmaking. The proposals to be studied shall include, but are not
    limited to, proposals for--

              (1) improving the information base required for determining

            the effectiveness of new programs by such means as pilot

            testing, survey research, and other experimental and analytical

            techniques;

              (2) improving analytical and systematic evaluation of the

            effectiveness of existing programs;

              (3) establishing maximum and minimum time limitations for

            program authorization; and

              (4) developing techniques of human resource accounting and

            other means of providing noneconomic as well as economic

            evaluation measures.

      (b) The Committee on the Budget of each House shall, from time to
    time, report to its House the results of the study carried on by it
    under subsection (a), together with its recommendations.

      (c) Nothing in this section shall preclude studies to improve the
    budgetary process by any other committee of the House of Representatives
    or the Senate or any joint committee of the Congress.

             *            *            *            *            *

               TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES

             *            *            *            *            *

                          EXERCISE OF RULEMAKING POWERS

    [[Page 946]]

      Sec. 904. (a) The provisions of this title (except section 905) and of
    titles I, III, IV, V, and VI (except section 601(a)) and the provisions
    of sections 701, 703, and 1017 are enacted by the Congress--

          (1) as an exercise of the rulemaking power of the House of

        Representatives and the Senate, respectively, and as such they shall

        be considered as part of the rules of each House, respectively, or

        of that House to which they specifically apply, and such rules shall

        supersede other rules only to the extent that they are inconsistent

        therewith; and

          (2) with full recognition of the constitutional right of either

        House to change such rules (so far as relating to such House) at any

        time, in the same manner, and to the same extent as in the case of

        any other rule of such House.

      (b) Any provision of title III or IV may be waived or suspended in the
    Senate by a majority vote of the Members voting, a quorum being present,
    or by the unanimous consent of the Senate.

      (c) Waiver.--Sections 305(b)(2), 305(c)(4), 306, 904(c), and 904(d)
    may be waived or suspended in the Senate only by the affirmative vote of
    three-fifths of the Members, duly chosen and sworn. Sections 301(i),
    302(c), 302(f), 310(d)(2), 310(f), 311(a), 313, 601(b), and 606(c) of
    this Act and sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1),
    258B(h)(1), 258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced
    Budget and Emergency Deficit Control Act of 1985 may be waived or
    suspended in the Senate only by the affirmative vote of three-fifths of
    the Members, duly chosen and sworn.

    [[Page 947]]
    258B(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

      (d) Appeals in the Senate from the decisions of the Chair relating to
    any provisions of title III or IV or section 1017 shall, except as
    otherwise provided therein, be limited to 1 hour, to be equally divided
    between, and controlled by, the mover and the manager of the resolution,
    concurrent resolution, reconciliation bill, or rescission bill, as the
    case may be. An affirmative vote of three-fifths of the Members of the
    Senate, duly chosen and sworn, shall be required in the Senate to
    sustain an appeal of the ruling of the Chair on a point of order raised
    under sections 305(b)(2), 305(c)(4), 306, 904(c), and 904(d). An
    affirmative vote of three-fifths of the Members of the Senate, duly
    chosen and sworn, shall be required in the Senate to sustain an appeal
    of the ruling of the Chair on a point of order raised under sections
    301(i), 302(c), 302(f), 310(d)(2), 310(f), 311(a), 313, 601(b), and
    606(c) of this Act and sections 258(a)(4)(C), 258A(b)(3)(C)(i),
    258B(f)(1), 258B(h)(1),

    [House Rules Manual -- House Document No. 103-342]
    [Page 949-978]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-140]

    [[Page 949]]

      Pursuant to this section, and under its authority contained in clause
    4(b) of rule XI to report on rules and the order of business, the
    Committee on Rules may report as privileged a resolution recommending
    the temporary waiver of the provisions of section 401 of the
    Congressional Budget Act during the consideration of designated
    legislation in the House (Speaker Albert, Mar. 20, 1975, p. 7676). A
    point of order against consideration of a resolution reported from the
    Committee on Rules providing for consideration of a concurrent
    resolution on the budget does not lie based upon alleged violation of a
    statute which merely reaffirms the Congressional commitment towards
    achieving balanced Federal budgets (P.L. 96-389), since the statute does
    not constitute a rule of the House and since section 904 of the Budget
    Act acknowledges the Constitutional authority of either House to change
    its rules at any time (June 10, 1982, pp. 13352-53). A unanimous consent
    agreement which only permits a (nonprivileged) bill to be considered in
    the House prior to three-day availability of the report thereon, but
    which does not specifically waive points of order against consideration,
    does not preclude a point of order against consideration of the bill
    when called up based upon an alleged violation of the Budget Act (Feb.
    4, 1982, p. 845).

                BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT

     EXCERPTS FROM THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF
                                   __________

    These excerpts are provided for quick reference. They include the
    provisions of the Act that relate directly to legislative procedure. A
    more thorough understanding of the statutory scheme requires the full
    statutory text (see 2 U.S.C. 900 et seq.).

    SEC. 250. TABLE OF CONTENTS; STATEMENT OF BUDGET ENFORCEMENT THROUGH
                                      1985

            SEQUESTRATION; DEFINITIONS.

             *            *            *            *            *

        (c) Definitions.--As used in this part:

      (1) The terms ``budget authority'', ``new budget authority'',
    ``outlays'', and ``deficit'' have the meanings given to such terms in
    section 3 of the Congressional Budget and Impoundment Control Act of
    1974 (but including the treatment specified in section 257(b)(3) of the
    Hospital Insurance Trust Fund) and the terms ``maximum deficit amount''
    and ``discretionary spending limit'' shall mean the amounts specified in
    section 601 of that Act as adjusted under sections 251 and 253 of this
    Act.

      (2) The terms ``sequester'' and ``sequestration'' refer to or mean the
    cancellation of budgetary resources provided by discretionary
    appropriations or direct spending law.

      (3) The term ``breach'' means, for any fiscal year, the amount (if
    any) by which new budget authority or outlays for that year (within a
    category of discretionary appropriations) is above that category's
    discretionary spending limit for new budget authority or outlays for
    that year, as the case may be.

      (4) The term ``category'' means:

              (A) For fiscal years 1991, 1992, and 1993, any of the

            following subsets of discretionary appropriations: defense,

    [[Page 950]]
            international, or domestic. Discretionary appro

            priations in each of the three categories shall be those so designated

            in the joint statement of managers accompanying the conference

            report on the Omnibus Budget Reconciliation Act of 1990. New

            accounts or activities shall be categorized in consultation with

            the Committees on Appropriations and the Budget of the House of

            Representatives and the Senate.

              (B) For fiscal years 1994 and 1995, all discretionary

            appropriations.
    Contributions to the United States to offset the cost of Operation
    Desert Shield shall not be counted within any category.

      (5) The term ``baseline'' means the projection (described in section
    257) of current-year levels of new budget authority, outlays, receipts,
    and the surplus or deficit into the budget year and the outyears.

      (6) The term ``budgetary resources'' means--

              (A) with respect to budget year 1991, new budget authority;

            unobligated balances; new loan guarantee commitments or

            limitations; new direct loan obligations, commitments, or

            limitations; direct spending authority; and obligation

            limitations; or

              (B) with respect to budget year 1992, 1993, 1994, or 1995, new

            budget authority; unobligated balances; direct spending

            authority; and obligation limitations.

      (7) The term ``discretionary appropriations'' means budgetary
    resources (except to fund direct-spending programs) provided in
    appropriation Acts.

      (8) The term ``direct spending'' means--

              (A) budget authority provided by law other than appropriation

            Acts;

              (B) entitlement authority; and

              (C) the food stamp program.

      (9) The term ``current'' means, with respect to OMB estimates included
    with a budget submission under section 1105(a) of title 31, United
    States Code, the estimates consistent with the economic and technical
    assumptions underlying that budget and with respect to estimates made
    after submission of the fiscal year 1992 budget that are not included
    with a budget submission, estimates consistent with the economic and
    technical assumptions underlying the most recently submitted President's
    budget.

    [[Page 951]]

      (10) The term ``real economic growth'', with respect to any fiscal
    year, means the growth in the gross national product during such fiscal
    year, adjusted for inflation, consistent with Department of Commerce
    definitions.

      (11) The term ``account'' means an item for which appropriations are
    made in any appropriation Act and, for items not provided for in
    appropriation Acts, such term means an item for which there is a
    designated budget account identification code number in the President's
    budget.

      (12) The term ``budget year'' means, with respect to a session of
    Congress, the fiscal year of the Government that starts on October 1 of
    the calendar year in which that session begins.

      (13) The term ``current year'' means, with respect to a budget year,
    the fiscal year that immediately precedes that budget year.

      (14) The term ``outyear'' means, with respect to a budget year, any of
    the fiscal years that follow the budget year through fiscal year 1995.

      (15) The term ``OMB'' means the Director of the Office of Management
    and Budget.

      (16) The term ``CBO'' means the Director of the Congressional Budget
    Office.

      (17) For purposes of sections 252 and 253, legislation enacted during
    the second session of the One Hundred First Congress shall be deemed to
    have been enacted before the enactment of this Act.

      (18) As used in this part, all references to entitlement authority
    shall include the list of mandatory appropriations included in the joint
    explanatory statement of managers accompanying the conference report on
    the Omnibus Budget Reconciliation Act of 1990.

      (19) The term ``deposit insurance'' refers to the expenses of the
    Federal Deposit Insurance Corporation and the funds it incorporates, the
    Resolution Trust Corporation, the National Credit Union Administration
    and the funds it incorporates, the Office of Thrift Supervision, the
    Comptroller of the Currency Assessment Fund, and the RTC Office of
    Inspector General.

      (20) The term ``composite outlay rate'' means the percent of new
    budget authority that is converted to outlays in the fiscal year for
    which the budget authority is provided and subsequent fiscal years, as
    follows:

              (A) For the international category, 46 percent for the first

            year, 20 percent for the second year, 16 percent for the third

            year, and 8 percent for the fourth year.

              (B) For the domestic category, 53 percent for the first year,

            31 percent for the second year, 12 percent for the third year,

            and 2 percent for the fourth year.

    [[Page 952]]

      (21) The sale of an asset means the sale to the public of any asset,
    whether physical or financial, owned in whole or in part by the United
    States. The term ``prepayment of a loan'' means payments to the United
    States made in advance of the schedules set by law or contract when the
    financial asset is first acquired, such as the prepayment to the Federal
    Financing Bank of loans guaranteed by the Rural Electrification
    Administration. If a law or contract allows a flexible payment schedule,
    the term ``in advance'' shall mean in advance of the slowest payment
    schedule allowed under such law or contract.
    SEC. 251. ENFORCING DISCRETIONARY SPENDING LIMITS.

      (a) Fiscal Years 1991-1998 Enforcement.--

              (1) Sequestration.--Within 15 calendar days after Congress

            adjourns to end a session and on the same day as a sequestration

            (if any) under section 252 and section 253, there shall be a

            sequestration to eliminate a budget-year breach, if any, within

            any category.

              (2) Eliminating a breach.--Each non-exempt account within a

            category shall be reduced by a dollar amount calculated by

            multiplying the baseline level of sequestrable budgetary

            resources in that account at that time by the uniform percentage

            necessary to eliminate a breach within that category; except

            that the health programs set forth in section 256(e) shall not

            be reduced by more than 2 percent and the uniform percent

            applicable to all other programs under this paragraph shall be

            increased (if necessary) to a level sufficient to eliminate that

            breach. If, within a category, the discretionary spending limits

            for both new budget authority and outlays are breached, the

            uniform percentage shall be calculated by--

                      (A) first, calculating the uniform percentage

                    necessary to eliminate the breach in new budget

                    authority, and

                      (B) second, if any breach in outlays remains,

                    increasing the uniform percentage to a level sufficient

                    to eliminate that breach.

              (3) Military personnel.--If the President uses the authority

            to exempt any military personnel from sequestration under

            section 255(h), each account within subfunctional category 051

            (other than those military personnel accounts for which the

            authority provided under section 255(h) has been exercised)

    [[Page 953]]
            shall be further reduced by a dollar amount calculated by mul

            tiplying the enacted level of non-exempt budgetary resources in that

            account at that time by the uniform percentage necessary to

            offset the total dollar amount by which outlays are not reduced

            in military personnel accounts by reason of the use of such

            authority.

              (4) Part-year appropriations.--If, on the date specified in

            paragraph (1), there is in effect an Act making or continuing

            appropriations for part of a fiscal year for any budget account,

            then the dollar sequestration calculated for that account under

            paragraphs (2) and (3) shall be subtracted from--

                      (A) the annualized amount otherwise available by law

                    in that account under that or a subsequent part-year

                    appropriation; and

                      (B) when a full-year appropriation for that account is

                    enacted, from the amount otherwise provided by the full-

                    year appropriation.

              (5) Look-back.--If, after June 30, an appropriation for the

            fiscal year in progress is enacted that causes a breach within a

            category for that year (after taking into account any

            sequestration of amounts within that category), the

            discretionary spending limits for that category for the next

            fiscal year shall be reduced by the amount or amounts of that

            breach.

              (6) Within-session sequestration.--If an appropriation for a

            fiscal year in progress is enacted (after Congress adjourns to

            end the session for that budget year and before July 1 of that

            fiscal year) that causes a breach within a category for that

            year (after taking into account any prior sequestration of

            amounts within that category), 15 days later there shall be a

            sequestration to eliminate that breach within that category

            following the procedures set forth in paragraphs (2) through

            (4).

              (7) OMB estimates.--As soon as practicable after Congress

            completes action on any discretionary appropriation, CBO, after

            consultation with the Committees on the Budget of the House of

            Representatives and the Senate, shall provide OMB with an

            estimate of the amount of discretionary new budget authority and

            outlays for the current year (if any) and the budget year

            provided by that legislation. Within 5 calendar days after the

            enactment of any discretionary appropriation, OMB shall transmit

            a report to the House of Representatives and to the Senate

            containing the CBO estimate of that legislation, an OMB estimate

    [[Page 954]]
            of

            the amount of discretionary new budget authority and outlays for the

            current year (if any) and the budget year provided by that

            legislation, and an explanation of any difference between the

            two estimates. For purposes of this paragraph, amounts provided

            by annual appropriations shall include any new budget authority

            and outlays for those years in accounts for which funding is

            provided in that legislation that result from previously enacted

            legislation. Those OMB estimates shall be made using current

            economic and technical assumptions. OMB shall use the OMB

            estimates transmitted to the Congress under this paragraph for

            the purposes of this subsection. OMB and CBO shall prepare

            estimates under this paragraph in conformance with scorekeeping

            guidelines determined after consultation among the House and

            Senate Committees on the Budget, CBO, and OMB.

      (b) Adjustments to Discretionary Spending Limits.--(1) When the
    President submits the budget under section 1105(a) of title 31, United
    States Code, for budget year 1992, 1993, 1994, 1995, 1996, 1997, or 1998
    (except as otherwise indicated), OMB shall calculate (in the order set
    forth below), and the budget shall include, adjustments to discretionary
    spending limits (and those limits as cumulatively adjusted) for the
    budget year and each outyear through 1998 to reflect the following:

              (A) Changes in concepts and definitions.--The adjustments

            produced by the amendments made by title XIII of the Omnibus

            Budget Reconciliation Act of 1990 or by any other changes in

            concepts and definitions shall equal the baseline levels of new

            budget authority and outlays using up-to-date concepts and

            definitions minus those levels using the concepts and

            definitions in effect before such changes. Such other changes in

            concepts and definitions may only be made in consultation with

            the Committees on Appropriations, the Budget, Government Reform

            and Oversight), and Governmental Affairs of the House of

            Representatives and Senate.

              (B) Changes in inflation.--

                      (i) For a budget submitted for budget year 1992, 1993,

                    1994, or 1995, the adjustments produced by changes in

                    inflation shall equal the levels of discretionary new

                    budget authority and outlays in the baseline (calculated

                    using current estimates) subtracted from those levels in

    [[Page 955]]
                    that base

                    line recalculated with the baseline inflators for the budget year only,

                    multiplied by the inflation adjustment factor computed

                    under clause (ii).

                      (ii) For a budget year the inflation adjustment factor

                    shall equal the ratio between the level of year-over-

                    year inflation measured for the fiscal year most

                    recently completed and the applicable estimated level

                    for that year set forth below:

                      For 1990, 1.041

                      For 1991, 1.052

                      For 1992, 1.041

                      For 1993, 1.033

            Inflation shall be measured by the average of the estimated

            gross national product implicit price deflator index for a

            fiscal year divided by the average index for the prior fiscal

            year.

                      (iii) For a budget submitted for budget year 1996,

                    1997, or 1998, the adjustments shall be those necessary

                    to reflect changes in inflation estimates since those of

                    March 31, 1993, set forth on page 46 of House Conference

                    Report 103-48.

              (C) Credit reestimates.--For a budget submitted for fiscal

            year 1993 or 1994, the adjustments produced by reestimates to

            costs of Federal credit programs shall be, for any such program,

            a current estimate of new budget authority and outlays

            associated with a baseline projection of the prior year's gross

            loan level for that program minus the baseline projection of the

            prior year's new budget authority and associated outlays for

            that program.

      (2) When OMB submits a sequestration report under section 254(g) or
    (h) for fiscal year 1991, 1992, 1993, 1994, 1995, 1996, 1997, or 1998
    (except as otherwise indicated), OMB shall calculate (in the order set
    forth below), and the sequestration report, and subsequent budgets
    submitted by the President under section 1105(a) of title 31, United
    States Code, shall include, adjustments to discretionary spending limits
    (and those limits as adjusted) for the fiscal year and each succeeding
    year through 1998, as follows:

              (A) IRS funding.--To the extent that appropriations are

            enacted that provide additional new budget authority or result

            in additional outlays (as compared with the CBO baseline

            constructed in June 1990) for the Internal Revenue Service

            compliance initiative in any fiscal year, the adjustments for

    [[Page 956]]
            that year shall be

            those amounts, but shall not exceed the amounts set forth below--

                      (i) for fiscal year 1991, $191,000,000 in new budget

                    authority and $183,000,000 in outlays;

                      (ii) for fiscal year 1992, $172,000,000 in new budget

                    authority and $169,000,000 in outlays;

                      (iii) for fiscal year 1993, $183,000,000 in new budget

                    authority and $179,000,000 in outlays;

                      (iv) for fiscal year 1994, $187,000,000 in new budget

                    authority and $183,000,000 in outlays; and

                      (v) for fiscal year 1995, $188,000,000 in new budget

                    authority and $184,000,000 in outlays; and

            the prior-year outlays resulting from these appropriations of

            budget authority.

              (B) Debt forgiveness.--If, in calendar year 1990 or 1991, an

            appropriation is enacted that forgives the Arab Republic of

            Egypt's foreign military sales indebtedness to the United States

            and any part of the Government of Poland's indebtedness to the

            United States, the adjustment shall be the estimated costs (in

            new budget authority and outlays, in all years) of that

            forgiveness.

              (C) IMF funding.--If, in fiscal year 1991, 1992, 1993, 1994,

            or 1995 an appropriation is enacted to provide to the

            International Monetary Fund the dollar equivalent, in terms of

            Special Drawing Rights, of the increase in the United States

            quota as part of the International Monetary Fund Ninth General

            Review of Quotas, the adjustment shall be the amount provided by

            that appropriation.

              (D) Emergency appropriations.--

                      (i) If, for any fiscal year, appropriations for

                    discretionary accounts are enacted that the President

                    designates as emergency requirements and that the

                    Congress so designates in statute, the adjustment shall

                    be the total of such appropriations in discretionary

                    accounts designated as emergency requirements and the

                    outlays flowing in all years from such appropriations.

                      (ii) The costs for operation Desert Shield are to be

                    treated as emergency funding requirements not subject to

                    the defense spending limits. Funding for Desert Shield

                    will be provided through the normal legislative process.

    [[Page 957]]
                    Desert Shield costs

                    should be accommodated through Allied burden-sharing,

                    subsequent appropriation Acts, and if the President so

                    chooses, through offsets within other defense accounts.

                    Emergency Desert Shield costs mean those incremental

                    costs associated with the increase in operations in the

                    Middle East and do not include costs that would be

                    experienced by the Department of Defense as part of its

                    normal operations absent Operation Desert Shield.

              (E) Special allowance for discretionary new budget

            authority.--

                      (i) For each of fiscal years 1992 and 1993, the

                    adjustment for the domestic category in each year shall

                    be an amount equal to 0.1 percent of the sum of the

                    adjusted discretionary spending limits on new budget

                    authority for all categories for fiscal years 1991,

                    1992, and 1993 (cumulatively), together with outlays

                    associated therewith (calculated at the composite outlay

                    rate for the domestic category);

                      (ii) for each of fiscal years 1992 and 1993, the

                    adjustment for the international category in each year

                    shall be an amount equal to 0.079 percent of the sum of

                    the adjusted discretionary spending limits on new budget

                    authority for all categories for fiscal years 1991,

                    1992, and 1993 (cumulatively), together with outlays

                    associated therewith (calculated at the composite outlay

                    rate for the international category);

                      (iii) if, for fiscal years 1992 and 1993, the amount

                    of new budget authority provided in appropriation Acts

                    exceeds the discretionary spending limit on new budget

                    authority for any category due to technical estimates

                    made by the Director of the Office of Management and

                    Budget, the adjustment is the amount of the excess, but

                    not to exceed an amount (for 1992 and 1993 together)

                    equal to 0.042 percent of the sum of the adjusted

                    discretionary limits on new budget authority for all

                    categories for fiscal years 1991, 1992, and 1993

                    (cumulatively); and

                      (iv) if, for fiscal years 1994, 1995, 1996, 1997, and

                    1998, the amount of new budget authority provided in

                    appropriation Acts exceeds the discretionary spending

                    limit on new budget authority due to technical estimates

    [[Page 958]]
                    made by the director of

                    the Office of Management and Budget, the adjustment is the amount of

                    the excess, but not to exceed an amount (for any one

                    fiscal year) equal to 0.1 percent of the adjusted

                    discretionary spending limit on new budget authority for

                    that fiscal year.

              (F) Special outlay allowance.--If in any fiscal year outlays

            for a category exceed the discretionary spending limit for that

            category but new budget authority does not exceed its limit for

            that category (after application of the first step of a

            sequestration described in subsection (a)(2), if necessary), the

            adjustment in outlays is the amount of the excess, but not to

            exceed $2,500,000,000 in the defense category, $1,500,000,000 in

            the international category, or $2,500,000,000 in the domestic

            category (as applicable) in fiscal year 1991, 1992, or 1993, and

            not to exceed $6,500,000,000 in fiscal year 1994 or 1995 less

            any of the outlay adjustments made under subparagraph (E) for a

            category for a fiscal year, and not to exceed 0.5 percent of the

            adjusted discretionary spending limit on outlays for the fiscal

            year in fiscal year 1996, 1997, or 1998.
    SEC. 251A. SEQUESTRATION WITH RESPECT TO VIOLENT CRIME REDUCTION TRUST

            FUND.

      (a) Sequestration.--Within 15 days after Congress adjourns to end a
    session, there shall be a sequestration to eliminate any budgetary
    excess in the Violent Crime Reduction Trust Fund as described in
    subsection (b).

      (b) Eliminating a Budgetary Excess.--

              (1) In general.--Except as provided by paragraph (2),

            appropriations from the Violent Crime Reduction Trust Fund shall

            be reduced by a uniform percentage necessary to eliminate any

            amount by which estimated outlays in the budget year from the

            Fund exceed the following levels of outlays:

                      (A) For fiscal year 1995, $703,000,000.

                      (B) For fiscal year 1996, $2,334,000,000.

                      (C) For fiscal year 1997, $3,936,000,000.

                      (D) For fiscal year 1998, $4,904,000,000.

            For fiscal year 1999, the comparable level for budgetary

            purposes shall be deemed to be $5,639,000,000. For fiscal year

            2000, the comparable level for budgetary purposes shall be

            deemed to be $6,225,000,000.

              (2) Special outlay allowance.--If estimated outlays from the

            Fund for a fiscal year exceed the level specified in paragraph

    [[Page 959]]
            (1) for that year, that level

            shall be increased by the lesser of that excess or 0.5 percent of that

            level.

      (c) Look-Back.--If, after June 30, an appropriation for the fiscal
    year in progress is enacted that causes a budgetary excess in the
    Violent Crime Reduction Trust Fund as described in subsection (b) for
    that year (after taking into account any sequestration of amounts under
    this section), the level set forth in subsection (b) for the next fiscal
    year shall be reduced by the amount of that excess.

      (d) Within-Session Sequestration.--If an appropriation for a fiscal
    year in progress is enacted (after Congress adjourns to end the session
    for the budget year and before July 1 of that fiscal year) that causes a
    budgetary excess in the Violent Crime Reduction Trust Fund as described
    in subsection (b) for that year (after taking into account any prior
    sequestration of amounts under this section), 15 days later there shall
    be a sequestration to eliminate that excess following the procedures set
    forth in subsection (b).

      (e) Part-Year Appropriations and OMB Estimates.--Paragraphs (4) and
    (7) of section 251(a) shall apply to appropriations from, and
    sequestration of amounts appropriated from, the Violent Crime Reduction
    Trust Fund under this section in the same manner as those paragraphs
    apply to discretionary appropriations and sequestrations under that
    section.
    SEC. 252. ENFORCING PAY-AS-YOU-GO.

      (a) Fiscal Years 1992-1998 Enforcement.--The purpose of this section
    is to assure that any legislation (enacted after the date of enactment
    of this section) affecting direct spending or receipts that increases
    the deficit in any fiscal year covered by this Act will trigger an
    offsetting sequestration.

      (b) Sequestration; Look-Back.--Within 15 calendar days after Congress
    adjourns to end a session (other than of the One Hundred First Congress)
    and on the same day as a sequestration (if any) under section 251 and
    section 253, there shall be a sequestration to offset the amount of any
    net deficit increase in that fiscal year and the prior fiscal year
    caused by all direct spending and receipts legislation enacted after the
    date of enactment of this section (after adjusting for any prior
    sequestration as provided by paragraph (2)). OMB shall calculate the
    amount of deficit increase, if any, in those fiscal years by adding--

              (1) all applicable estimates of direct spending and receipts

    [[Page 960]]
            legislation transmitted under subsection (d)

            applicable to those fiscal years, other than any amounts included in

            such estimates resulting from--

                      (A) full funding of, and continuation of, the deposit

                    insurance guarantee commitment in effect on the date of

                    enactment of this section, and

                      (B) emergency provisions as designated under

                    subsection (e); and

              (2) the estimated amount of savings in direct spending

            programs applicable to those fiscal years resulting from the

            prior year's sequestration under this section or section 253, if

            any (except for any amounts sequestered as a result of a net

            deficit increase in the fiscal year immediately preceding the

            prior fiscal year), as published in OMB's end-of-session

            sequestration report for that prior year.

      (c) Eliminating a Deficit Increase.--(1) The amount required to be
    sequestered in a fiscal year under subsection (b) shall be obtained from
    non-exempt direct spending accounts from actions taken in the following
    order:

              (A) First.--All reductions in automatic spending increases

            specified in section 256(a) shall be made.

              (B) Second.--If additional reductions in direct spending

            accounts are required to be made, the maximum reductions

            permissible under sections 256(b) (guaranteed student loans) and

            256(c) (foster care and adoption assistance) shall be made.

              (C) Third.--(i) If additional reductions in direct spending

            accounts are required to be made, each remaining non-exempt

            direct spending account shall be reduced by the uniform

            percentage necessary to make the reductions in direct spending

            required by paragraph (1); except that the medicare programs

            specified in section 256(d) shall not be reduced by more than 4

            percent and the uniform percentage applicable to all other

            direct spending programs under this paragraph shall be increased

            (if necessary) to a level sufficient to achieve the required

            reduction in direct spending.

              (ii) For purposes of determining reductions under clause (i),

            outlay reductions (as a result of sequestration of Commodity

            Credit Corporation commodity price support contracts in the

            fiscal year of a sequestration) that would occur in the

            following fiscal year shall be credited as outlay reductions in

            the fiscal year of the sequestration.

    [[Page 961]]

        (2) For purposes of this subsection, accounts shall be assumed to be

        at the level in the baseline.

      (d) OMB Estimates.--As soon as practicable after Congress completes
    action on any direct spending or receipts legislation enacted after the
    date of enactment of this section, after consultation with the
    Committees on the Budget of the House of Representatives and the Senate,
    CBO shall provide OMB with an estimate of the amount of change in
    outlays or receipts, as the case may be, in each fiscal year through
    fiscal year 1998 resulting from that legislation. Within 5 calendar days
    after the enactment of any direct spending or receipts legislation
    enacted after the date of enactment of this section, OMB shall transmit
    a report to the House of Representatives and to the Senate containing
    such CBO estimate of that legislation, an OMB estimate of the amount of
    change in outlays or receipts, as the case may be, in each fiscal year
    through fiscal year 1998 resulting from that legislation, and an
    explanation of any difference between the two estimates. Those OMB
    estimates shall be made using current economic and technical
    assumptions. OMB and CBO shall prepare estimates under this paragraph in
    conformance with scorekeeping guidelines determined after consultation
    among the House and Senate Committees on the Budget, CBO, and OMB.

      (e) Emergency Legislation.--If, for any fiscal year from 1991 through
    1998, a provision of direct spending or receipts legislation is enacted
    that the President designates as an emergency requirement and that the
    Congress so designates in statute, the amounts of new budget authority,
    outlays, and receipts in all fiscal years through 1995 resulting from
    that provision shall be designated as an emergency requirement in the
    reports required under subsection (d).
    SEC. 253. ENFORCING DEFICIT TARGETS.

    [[Page 962]]

      (a) Sequestration.--Within 15 calendar days after Congress adjourns to
    end a session (other than of the One Hundred First Congress) and on the
    same day as a sequestration (if any) under section 251 and section 252,
    but after any sequestration required by section 251 (enforcing
    discretionary spending limits) or section 252 (enforcing pay-as-you-go),
    there shall be a sequestration to eliminate the excess deficit (if any
    remains) if it exceeds the margin.

      (b) Excess Deficit; Margin.--The excess deficit is, if greater than
    zero, the estimated deficit for the budget year, minus--

              (1) the maximum deficit amount for that year;

              (2) the amounts for that year designated as emergency direct

            spending or receipts legislation under section 252(e); and

              (3) for any fiscal year in which there is not a full

            adjustment for technical and economic reestimates, the deposit

            insurance reestimate for that year, if any, calculated under

            subsection (h).
    The ``margin'' for fiscal year 1992 or 1993 is zero and for fiscal year
    1994 or 1995 is $15,000,000,000.

      (c) Dividing the Sequestration.--To eliminate the excess deficit in a
    budget year, half of the required outlay reductions shall be obtained
    from non-exempt defense accounts (accounts designated as function 050 in
    the President's fiscal year 1991 budget submission) and half from non-
    exempt, non-defense accounts (all other non-exempt accounts).

      (d) Defense.--Each non-exempt defense account shall be reduced by a
    dollar amount calculated by multiplying the level of sequestrable
    budgetary resources in that account at that time by the uniform
    percentage necessary to carry out subsection (c), except that, if any
    military personnel are exempt, adjustments shall be made under the
    procedure set forth in section 251(a)(3).

      (e) Non-Defense.--Actions to reduce non-defense accounts shall be
    taken in the following order:

              (1) First.--All reductions in automatic spending increases

            under section 256(a) shall be made.

              (2) Second.--If additional reductions in non-defense accounts

            are required to be made, the maximum reduction permissible under

            sections 256(b) (guaranteed student loans) and 256(c) (foster

            care and adoption assistance) shall be made.

              (3) Third.--(A) If additional reductions in non-defense

            accounts are required to be made, each remaining non-exempt,

            non-defense account shall be reduced by the uniform percentage

            necessary to make the reductions in non-defense outlays required

            by subsection (c), except that--

                      (i) the medicare program specified in section 256(d)

                    shall not be reduced by more than 2 percent in total

    [[Page 963]]
                    including any reduction of less than

                    2 percent made under section 252 or, if it has been

                    reduced by 2 percent or more under section 252, it may

                    not be further reduced under this section; and

                      (ii) the health programs set forth in section 256(e)

                    shall not be reduced by more than 2 percent in total

                    (including any reduction made under section 251),

            and the uniform percent applicable to all other programs under

            this subsection shall be increased (if necessary) to a level

            sufficient to achieve the required reduction in non-defense

            outlays.

              (B) For purposes of determining reductions under subparagraph

            (A), outlay reduction (as a result of sequestration of Commodity

            Credit Corporation commodity price support contracts in the

            fiscal year of a sequestration) that would occur in the

            following fiscal year shall be credited as outlay reductions in

            the fiscal year of the sequestration.

      (f) Baseline Assumptions; Part-Year Appropriations.--(1) Budget
    assumptions.--For purposes of subsections (b), (c), (d), and (e),
    accounts shall be assumed to be at the level in the baseline minus any
    reductions required to be made under sections 251 and 252.

      (2) Part-year appropriations.--If, on the date specified in subsection
    (a), there is in effect an Act making or continuing appropriations for
    part of a fiscal year for any non-exempt budget account, then the dollar
    sequestration calculated for that account under subsection (d) or (e),
    as applicable, shall be subtracted from--

              (A) the annualized amount otherwise available by law in that

            account under that or a subsequent part-year appropriation; and

              (B) when a full-year appropriation for that account is

            enacted, from the amount otherwise provided by the full-year

            appropriation; except that the amount to be sequestered from

            that account shall be reduced (but not below zero) by the

            savings achieved by that appropriation when the enacted amount

            is less than the baseline for that account.

      (g) Adjustments to Maximum Deficit Amounts.--(1) Adjustments.--

              (A) When the President submits the budget for fiscal year

            1992, the maximum deficit amounts for fiscal years 1992, 1993,

            1994, and 1995 shall be adjusted to reflect up-to-date

    [[Page 964]]
            reestimates of economic and tech

            nical assumptions and any changes in concepts or definitions. When the

            President submits the budget for fiscal year 1993, the maximum

            deficit amounts for fiscal years 1993, 1994, and 1995 shall be

            further adjusted to reflect up-to-date reestimates of economic

            and technical assumptions and any changes in concepts or

            definitions.

              (B) When submitting the budget for fiscal year 1994, the

            President may choose to adjust the maximum deficit amounts for

            fiscal years 1994 and 1995 to reflect up-to-date reestimates for

            economic and technical assumptions. If the President chooses to

            adjust the maximum deficit amount when submitting the fiscal

            year 1994 budget, the President may choose to invoke the same

            adjustment procedure when submitting the budget for fiscal year

            1995. In each case, the President must choose between making no

            adjustment or the full adjustment described in paragraph (2). If

            the President chooses to make that full adjustment, then those

            procedures for adjusting discretionary spending limits described

            in sections 251(b)(1)(C) and 251(b)(2)(E), otherwise applicable

            through fiscal year 1993 or 1994 (as the case may be), shall be

            deemed to apply for fiscal year 1994 (and 1995 if applicable).

              (C) When the budget for fiscal year 1994 or 1995 is submitted

            and the sequestration reports for those years under section 254

            are made (as applicable), if the President does not choose to

            make the adjustments set forth in subparagraph (B), the maximum

            deficit amount for that fiscal year shall be adjusted by the

            amount of the adjustment to discretionary spending limits first

            applicable for that year (if any) under section 251(b).

              (D) For each fiscal year the adjustments required to be made

            with the submission of the President's budget for that year

            shall also be made when OMB submits the sequestration update

            report and the final sequestration report for that year, but OMB

            shall continue to use the economic and technical assumptions in

            the President's budget for that year.
    Each adjustment shall be made by increasing or decreasing the maximum
    deficit amounts set forth in section 601 of the Congressional Budget Act
    of 1974.

    [[Page 965]]

      (2) Calculations of adjustments.--The required increase or decrease
    shall be calculated as follows:

              (A) The baseline deficit or surplus shall be calculated using

            up-to-date economic and technical assumptions, using up-to-date

            concepts and definitions, and, in lieu of the baseline levels of

            discretionary appropriations, using the discretionary spending

            limits sets forth in section 601 of the Congressional Budget Act

            of 1974 as adjusted under section 251.

              (B) The net deficit increase or decrease caused by all direct

            spending and receipts legislation enacted after the date of

            enactment of this section (after adjusting for any sequestration

            of direct spending accounts) shall be calculated for each fiscal

            year by adding--

                      (i) the estimates of direct spending and receipts

                    legislation transmitted under section 252(d) applicable

                    to each such fiscal year; and

                      (ii) the estimated amount of savings in direct

                    spending programs applicable to each such fiscal year

                    resulting from the prior year's sequestration under this

                    section or section 252 of direct spending, if any, as

                    contained in OMB's final sequestration report for that

                    year.

              (C) The amount calculated under subparagraph (B) shall be

            subtracted from the amount calculated under subparagraph (A).

              (D) The maximum deficit amount set forth in section 601 of the

            Congressional Budget Act of 1974 shall be subtracted from the

            amount calculated under subparagraph (C).

              (E) The amount calculated under subparagraph (D) shall be the

            amount of the adjustment required by paragraph (1).

      (h) Treatment of Deposit Insurance.--(1) Initial estimates.--The
    initial estimates of the net costs of federal deposit insurance for
    fiscal year 1994 and fiscal year 1995 (assuming full funding of, and
    continuation of, the deposit insurance guarantee commitment in effect on
    the date of the submission of the budget for fiscal year 1993) shall be
    set forth in that budget.

    [[Page 966]]
    guarantee commitment in effect on the date of submission of the budget
    for fiscal year 1993).

      (2) Reestimates.--For fiscal year 1994 and fiscal year 1995, the
    amount of the reestimate of deposit insurance costs shall be calculated
    by subtracting the amount set forth under paragraph (1) for that year
    from the current estimate of deposit insurance costs (but assuming full
    funding of, and continuation of, the deposit insurance

    SEC. 254. REPORTS AND ORDERS.

             *            *            *            *            *

             *            *            *            *            *

      (j) Low-Growth Report.--At any time, CBO shall notify the Congress
    if--

              (1) during the period consisting of the quarter during which

            such notification is given, the quarter proceeding such

            notification and the 4 quarters following such notification, CBO

            or OMB had determined that real economic growth is projected or

            estimated to be less than zero with respect to each of any 2

            consecutive quarters within such period; or

              (2) the most recent of the Department of Commerce's advance

            preliminary or final reports of actual real economic growth

            indicate that the rate of real economic growth for each of the

            most recently reported quarter and the immediately preceding

            quarter is less than one percent.

      In response to a ``low-growth report'' under section 254(j), the
    Majority Leader of the Senate introduced pursuant to section 258, infra,
    a joint resolution suspending certain budget enforcement laws (S. J.
    Res. 44, Jan. 23, 1991, p. ----).

    SEC. 258. SUSPENSION IN THE EVENT OF WAR OR LOW GROWTH.
             *            *            *            *            *

      (a) Procedures in the Event of a Low-Growth Report.--

              (1) Trigger.--Whenever CBO issues a low-growth report under

            section 254(j), the Majority Leader of the House of

            Representatives may, and the Majority Leader of the Senate

            shall, introduce a joint resolution (in the form set forth in

            paragraph (2)) declaring that the conditions specified in

            section 254(j) are met and suspending the relevant provisions of

            this title, titles III and VI of the Congressional Budget Act of

            1974, and section 1103 of title 31, United States Code.

              (2) Form of joint resolution.--

                      (A) The matter after the resolving clause in any joint

                    resolution introduced pursuant to paragraph (1) shall be

    [[Page 967]]
                    as follows: ``That the Congress de

                    clares that the conditions specified in section 254(j) of the Balanced

                    Budget and Emergency Deficit Control Act of 1985 are

                    met, and the implementation of the Congressional Budget

                    and Impoundment Control Act of 1974, chapter 11 of title

                    31, United States Code, and part C of the Balanced

                    Budget and Emergency Deficit Control Act of 1985 are

                    modified as described in section 258(b) of the Balanced

                    Budget and Emergency Deficit Control Act of 1985.''.

                      (B) The title of the joint resolution shall be ``Joint

                    resolution suspending certain provisions of law pursuant

                    to section 258(a)(2) of the Balanced Budget and

                    Emergency Deficit Control Act of 1985.''; and the joint

                    resolution shall not contain any preamble.

              (3) Committee action.--Each joint resolution introduced

            pursuant to paragraph (1) shall be referred to the appropriate

            committees of the House of Representatives or the Committee on

            the Budget of the Senate, as the case may be; and such Committee

            shall report the joint resolution to its House without amendment

            on or before the fifth day on which such House is in session

            after the date on which the joint resolution is introduced. If

            the Committee fails to report the joint resolution within the

            five-day period referred to in the preceding sentence, it shall

            be automatically discharged from further consideration of the

            joint resolution, and the joint resolution shall be placed on

            the appropriate calendar.

              (4) Consideration of joint resolution.--(A) A vote on final

            passage of a joint resolution reported to the Senate or

            discharged pursuant to paragraph (3) shall be taken on or before

            the close of the fifth calendar day of session after the date on

            which the joint resolution is reported or after the Committee

            has been discharged from further consideration of the joint

            resolution. If prior to the passage by one House of a joint

            resolution of that House, that House receives the same joint

            resolution from the other House, then--

                      (i) the procedure in that House shall be the same as

                    if no such joint resolution had been received from the

                    other House, but

                      (ii) the vote on final passage shall be on the joint

                    resolution of the other House.

    [[Page 968]]

            When the joint resolution is agreed to, the Clerk of the House

            of Representatives (in the case of a House joint resolution

            agreed to in the House of Representatives) or the Secretary of

            the Senate (in the case of a Senate joint resolution agreed to

            in the Senate) shall cause the joint resolution to be engrossed,

            certified, and transmitted to the other House of the Congress as

            soon as practicable.

              (B)(i) In the Senate, a joint resolution under this paragraph

            shall be privileged. It shall not be in order to move to

            reconsider the vote by which the motion is agreed to or

            disagreed to.

              (ii) Debate in the Senate on a joint resolution under this

            paragraph, and all debatable motions and appeals in connection

            therewith, shall be limited to not more than five hours. The

            time shall be equally divided between, and controlled by, the

            majority leader and the minority leader or their designees.

              (iii) Debate in the Senate on any debatable motion or appeal

            in connection with a joint resolution under this paragraph shall

            be limited to not more than one hour, to be equally divided

            between, and controlled by, the mover and the manager of the

            joint resolution, except that in the event the manager of the

            joint resolution is in favor of any such motion or appeal, the

            time in opposition thereto shall be controlled by the minority

            leader or his designee.

              (iv) A motion in the Senate to further limit debate on a joint

            resolution under this paragraph is not debatable. A motion to

            table or to recommit a joint resolution under this paragraph is

            not in order.

              (C) No amendment to a joint resolution considered under this

            paragraph shall be in order in the Senate.

      (b) Suspension of Sequestration Procedures.--Upon the enactment of a
    declaration of war or a joint resolution described in subsection (a)--

              (1) the subsequent issuance of any sequestration report or any

            sequestration order is precluded;

              (2) sections 302(f), 310(d), 311(a), and title VI of the

            Congressional Budget Act of 1974 are suspended; and

              (3) section 1103 of title 31, United States Code, is

            suspended.

    [[Page 969]]
    is concluded by Senate ratification of the necessary treaties, the
    provisions of subsection (b) triggered by that declaration of war are no
    longer effective.
      (c) Restoration of Sequestration Procedures.--(1) In the event of a
    suspension of sequestration procedures due to a declaration of war,
    then, effective with the first fiscal year that begins in the session
    after the state of war

      (2) In the event of a suspension of sequestration procedures due to
    the enactment of a joint resolution described in subsection (a), then,
    effective with regard to the first fiscal year beginning at least 12
    months after the enactment of that resolution, the provisions of
    subsection (b) triggered by that resolution are no longer effective.
    SEC. 258A. MODIFICATION OF PRESIDENTIAL ORDER.

      (a) Introduction of Joint Resolution.--At any time after the Director
    of OMB issues a final sequestration report under section 254 for a
    fiscal year, but before the close of the twentieth calendar day of the
    session of Congress beginning after the date of issuance of such report,
    the majority leader of either House of Congress may introduce a joint
    resolution which contains provisions directing the President to modify
    the most recent order issued under section 254 or provide an alternative
    to reduce the deficit for such fiscal year. After the introduction of
    the first such joint resolution in either House of Congress in any
    calendar year, then no other joint resolution introduced in such House
    in such calendar year shall be subject to the procedures set forth in
    this section.

      (b) Procedures for Consideration of Joint Resolutions.--

              (1) Referral to committee.--A joint resolution introduced in

            the Senate under subsection (a) shall not be referred to a

            commitee of the Senate and shall be placed on the calendar

            pending disposition of such joint resolution in accordance with

            this subsection.

              (2) Consideration in the senate.--On or after the third

            calendar day (excluding Saturdays, Sundays, and legal holidays)

            beginning after a joint resolution is introduced under

            subsection (a), notwithstanding any rule or precedent of the

            Senate, including Rule XXII of the Standing Rules of the Senate,

            it is in order (even though a previous motion to the same effect

            has been disagreed to) for any Member of the Senate to move to

            proceed to the consideration of the joint resolution. The motion

            is not in order after the eighth calendar day (excluding

            Saturdays, Sundays, and legal holidays) beginning after a joint

            resolution (to which the motion applies) is introduced. The

    [[Page 970]]
            joint resolution is privileged in the Senate. A motion to re

            consider the vote by which the motion is agreed to or disagreed to

            shall not be in order. If a motion to proceed to the

            consideration of the joint resolution is agreed to, the Senate

            shall immediately proceed to consideration of the joint

            resolution without intervening motion, order, or other business,

            and the joint resolution shall remain the unfinished business of

            the Senate until disposed of.

              (3) Debate in the senate.--(A) In the Senate, debate on a

            joint resolution introduced under subsection (a), amendments

            thereto, and all debatable motions and appeals in connection

            therewith shall be limited to not more than 10 hours, which

            shall be divided equally between the majority leader and the

            minority leader (or their designees).

              (B) A motion to postpone, or a motion to proceed to the

            consideration of other business is not in order. A motion to

            reconsider the vote by which the joint resolution is agreed to

            or disagreed to is not in order, and a motion to recommit the

            joint resolution is not in order.

              (C)(i) No amendment that is not germane to the provisions of

            the joint resolution or to the order issued under section 254

            shall be in order in the Senate. In the Senate, an amendment,

            any amendment to an amendment, or any debatable motion or appeal

            is debatable for not to exceed 30 minutes to be equally divided

            between, and controlled by, the mover and the majority leader

            (or their designees), except that in the event that the majority

            leader favors the amendment, motion, or appeal, the minority

            leader (or the minority leader's designee) shall control the

            time in opposition to the amendment, motion, or appeal.

              (ii) In the Senate, an amendment that is otherwise in order

            shall be in order notwithstanding the fact that it amends the

            joint resolution in more than one place or amends language

            previously amended. It shall not be in order in the Senate to

            vote on the question of agreeing to such a joint resolution or

            any amendment thereto unless the figures then contained in such

            joint resolution or amendment are mathematically consistent.

              (4) Vote on final passage.--Immediately following the

            conclusion of the debate on a joint resolution introduced under

            subsection (a), a single quorum call at the conclusion of the

    [[Page 971]]
            debate if requested in accordance

            with the rules of the Senate, and the disposition of any pending

            amendments under paragraph (3), the vote on final passage of the

            joint resolution shall occur.

              (5) Appeals.--Appeals from the decisions of the Chair shall be

            decided without debate.

              (6) Conference reports.--In the Senate, points of order under

            titles III, IV, and VI of the Congressional Budget Act of 1974

            are applicable to a conference report on the joint resolution or

            any amendments in disagreement thereto.

              (7) Resolution from other house.--If, before the passage by

            the Senate of a joint resolution of the Senate introduced under

            subsection (a), the Senate receives from the House of

            Representatives a joint resolution introduced under subsection

            (a), then the following procedures shall apply:

              (A) The joint resolution of the House of Representatives shall

            not be referred to a committee and shall be placed on the

            calendar.

              (B) With respect to a joint resolution introduced under

            subsection (a) in the Senate--

                      (i) the procedure in the Senate shall be the same as

                    if no joint resolution had been received from the House;

                    but

                      (ii)(I) the vote on final passage shall be on the

                    joint resolution of the House if it is identical to the

                    joint resolution then pending for passage in the Senate;

                    or

                      (II) if the joint resolution from the House is not

                    identical to the joint resolution then pending for

                    passage in the Senate and the Senate then passes the

                    Senate joint resolution, the Senate shall be considered

                    to have passed the House joint resolution as amended by

                    the text of the Senate joint resolution.

              (C) Upon disposition of the joint resolution received from the

            House, it shall no longer be in order to consider the resolution

            originated in the Senate.

              (8) Senate action on house resolution.--If the Senate receives

            from the House of Representatives a joint resolution introduced

            under subsection (a) after the Senate has disposed of a Senate

            originated resolution which is identical to the House passed

            joint resolution, the action of the Senate with regard to the

    [[Page 972]]
            disposition of the Senate originated joint resolution shall

            be deemed to be the action of the Senate with regard to the House

            originated joint resolution. If it is not identical to the House

            passed joint resolution, then the Senate shall be considered to

            have passed the joint resolution of the House as amended by the

            text of the Senate joint resolution.
    SEC.  258B. FLEXIBILITY AMONG DEFENSE PROGRAMS, PROJECTS, AND

            ACTIVITIES.

      (a) Subject to subsections (b), (c), and (d), new budget authority and
    unobligated balances for any programs, projects, or activities within
    major functional category 050 (other than a military personnel account)
    may be further reduced beyond the amount specified in an order issued by
    the President under section 254 for such fiscal year. To the extent such
    additional reductions are made and result in additional outlay
    reductions, the President may provide for lesser reductions in new
    budget authority and unobligated balances for other programs, projects,
    or activities within major functional category 050 for such fiscal year,
    but only to the extent that the resulting outlay increases do not exceed
    the additional outlay reductions, and no such program, project, or
    activity may be increased above the level actually made available by law
    in appropriation Acts (before taking sequestration into account). In
    making calculations under this subsection, the President shall use
    account outlay rates that are identical to those used in the report by
    the Director of OMB under section 254.

      (b) No actions taken by the President under subsection (a) for a
    fiscal year may result in a domestic base closure or realignment that
    would otherwise be subject to section 2687 of title 10, United States
    Code.

      (c) The President may not exercise the authority provided by this
    paragraph for a fiscal year unless--

              (1) the President submits a single report to Congress

            specifying, for each account, the detailed changes proposed to

            be made for such fiscal year pursuant to this section;

              (2) that report is submitted within 5 calendar days of the

            start of the next session of Congress; and

              (3) a joint resolution affirming or modifying the changes

            proposed by the President pursuant to this paragraph becomes

            law.

    [[Page 973]]
    shall (by request) introduce a joint resolution which contains
    provisions affirming the changes proposed by the President pursuant to
    this paragraph.

      (d) Within 5 calendar days of session after the President submits a
    report to Congress under subsection (c)(1) for a fiscal year, the
    majority leader of each House of Congress

      (e)(1) The matter after the resolving clause in any joint resolution
    introduced pursuant to subsection (d) shall be as follows: ``That the
    report of the President as submitted on [Insert Date] under section 258B
    is hereby approved.''.

      (2) The title of the joint resolution shall be ``Joint resolution
    approving the report of the President submitted under section 258B of
    the Balanced Budget and Emergency Deficit Control Act of 1985.''.

      (3) Such joint resolution shall not contain any preamble.

      (f)(1) A joint resolution introduced in the Senate under subsection
    (d) shall be referred to the Committee on Appropriations, and if not
    reported within 5 calendar days (excluding Saturdays, Sundays, and legal
    holidays) from the date of introduction shall be considered as having
    been discharged therefrom and shall be placed on the appropriate
    calendar pending disposition of such joint resolution in accordance with
    this subsection. In the Senate, no amendment proposed in the Committee
    on Appropriations shall be in order other than an amendment (in the
    nature of a substitute) that is germane or relevant to the provisions of
    the joint resolution or to the order issued under section 254. For
    purposes of this paragraph, an amendment shall be considered to be
    relevant if it relates to function 050 (national defense).

    [[Page 974]]
    the joint resolution shall remain the unfinished business of the Senate
    until disposed of.

      (2) On or after the third calendar day (excluding Saturdays, Sundays,
    and legal holidays) beginning after a joint resolution is placed on the
    Senate calendar, notwithstanding any rule or precedent of the Senate,
    including Rule XXII of the Standing Rules of the Senate, it is in order
    (even though a previous motion to the same effect has been disagreed to)
    for any Member of the Senate to move to proceed to the consideration of
    the joint resolution. The motion is not in order after the eighth
    calendar day (excluding Saturdays, Sundays, and legal holidays)
    beginning after such joint resolution is placed on the appropriate
    calendar. The motion is not debatable. The joint resolution is
    privileged in the Senate. A motion to reconsider the vote by which the
    motion is agreed to or disagreed to shall not be in order. If a motion
    to proceed to the consideration of the joint resolution is agreed to,
    the Senate shall immediately proceed to consideration of the joint
    resolution without intervening motion, order, or other business, and

      (g)(1) In the Senate, debate on a joint resolution introduced under
    subsection (d), amendments thereto, and all debatable motions and
    appeals in connection therewith shall be limited to not more than 10
    hours, which shall be divided equally between the majority leader and
    the minority leader (or their designees).

      (2) A motion to postpone, or a motion to proceed to the consideration
    of other business is not in order. A motion to reconsider the vote by
    which the joint resolution is agreed to or disagreed to is not in order.
    In the Senate, a motion to recommit the joint resolution is not in
    order.

      (h)(1) No amendment that is not germane or relevant to the provisions
    of the joint resolution or to the order issued under section 254 shall
    be in order in the Senate. For purposes of this paragraph, an amendment
    shall be considered to be relevant if it relates to function 050
    (national defense). In the Senate, an amendment, any amendment to an
    amendment, or any debatable motion or appeal is debatable for not to
    exceed 30 minutes to be equally divided between, and controlled by, the
    mover and the majority leader (or their designees), except that in the
    event that the majority leader favors the amendment, motion, or appeal,
    the minority leader (or the minority leader's designee) shall control
    the time in opposition to the amendment, motion, or appeal.

      (2) In the Senate, an amendment that is otherwise in order shall be in
    order notwithstanding the fact that it amends the joint resolution in
    more than one place or amends language previously amended, so long as
    the amendment makes or maintains mathematical consistency. It shall not
    be in order in the Senate to vote on the question of agreeing to such a
    joint resolution or any amendment thereto unless the figures then
    contained in such joint resolution or amendment are mathematically
    consistent.

    [[Page 975]]
    alent to any increase in outlays provided by such amendment or
    conference report.
      (3) It shall not be in order in the Senate to consider any amendment
    to any joint resolution introduced under subsection (d) or any
    conference report thereon if such amendment or conference report would
    have the effect of decreasing any specific budget outlay reductions
    below the level of such outlay reductions provided in such joint
    resolution unless such amendment or conference report makes a reduction
    in other specific budget outlays at least equiv

      (4) For purposes of the application of paragraph (3), the level of
    outlays and specific budget outlay reductions provided in an amendment
    shall be determined on the basis of estimates made by the Committee on
    the Budget of the Senate.

      (i) Immediately following the conclusion of the debate on a joint
    resolution introduced under subsection (d), a single quorum call at the
    conclusion of the debate if requested in accordance with the rules of
    the Senate, and the disposition of any pending amendments under
    subsection (h), the vote on final passage of the joint resolution shall
    occur.

      (j) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate to the procedure relating to a
    joint resolution described in subsection (d) shall be decided without
    debate.

      (k) In the Senate, points of order under titles III and IV of the
    Congressional Budget Act of 1974 (including points of order under
    sections 302(c), 303(a), 306, and 401(b)(1)) are applicable to a
    conference report on the joint resolution or any amendments in
    disagreement thereto.

      (l) If, before the passage by the Senate of a joint resolution of the
    Senate introduced under subsection (d), the Senate receives from the
    House of Representatives a joint resolution introduced under subsection
    (d), then the following procedures shall apply:

              (1) The joint resolution of the House of Representatives shall

            not be referred to a committee.

              (2) With respect to a joint resolution introduced under

            subsection (d) in the Senate--

                      (A) the procedure in the Senate shall be the same as

                    if no joint resolution had been received from the House;

                    but

                      (B)(i) the vote on final passage shall be on the joint

                    resolution of the House if it is identical to the joint

                    resolution then pending for passage in the Senate; or

                      (ii) if the joint resolution from the House is not

                    identical to the joint resolution then pending for

                    passage in the Senate and the Senate then passes the

                    Senate joint resolution, the Senate shall be considered

                    to have passed the House joint resolution as amended by

                    the text of the Senate joint resolution.

    [[Page 976]]

              (3) Upon disposition of the joint resolution received from the

            House, it shall no longer be in order to consider the joint

            resolution originated in the Senate.

      (m) If the Senate receives from the House of Representatives a joint
    resolution introduced under subsection (d) after the Senate has disposed
    of a Senate originated joint resolution which is identical to the House
    passed joint resolution, the action of the Senate with regard to the
    disposition of the Senate originated joint resolution shall be deemed to
    be the action of the Senate with regard to the House originated joint
    resolution. If it is not identical to the House passed joint resolution,
    then the Senate shall be considered to have passed the joint resolution
    of the House as amended by the text of the Senate joint resolution.
    SEC. 258C. SPECIAL RECONCILIATION PROCESS.

      (a) Reporting of Resolutions and Reconciliation Bills and Resolutions,
    in the Senate.--(1) Committee alternatives to presidential order.--After
    the submission of an OMB sequestration update report under section 254
    that envisions a sequestration under section 252 or 253, each standing
    committee of the Senate may, not later than October 10, submit to the
    Committee on the Budget of the Senate information of the type described
    in section 301(d) of the Congressional Budget Act of 1974 with respect
    to alternatives to the order envisioned by such report insofar as such
    order affects laws within the jurisdiction of the committee.

      (2) Initial budget committee action.--After the submission of such a
    report, the Committee on the Budget of the Senate may, not later than
    October 15, report to the Senate a resolution. The resolution may affirm
    the impact of the order envisioned by such report, in whole or in part.
    To the extent that any part is not affirmed, the resolution shall state
    which parts are not affirmed and shall contain instructions to
    committees of the Senate of the type referred to in section 310(a) of
    the Congressional Budget Act of 1974, sufficient to achieve at least the
    total level of deficit reduction contained in those sections which are
    not affirmed.

    [[Page 977]]
    so instructed such Committee shall, by the same date, report to the
    Senate a reconciliation bill or reconciliation resolution containing its
    recommendations in response to such instructions. A committee shall be
    considered to have complied with all instructions to it pursuant to a
    resolution adopted under paragraph (2) if it has made recommendations
    with respect to matters within its jurisdiction which would result in a
    reduction in the deficit at least equal to the total reduction directed
    by such instructions.
      (3) Response of committees.--Committees instructed pursuant to
    paragraph (2), or affected thereby, shall submit their responses to the
    Budget Committee no later than 10 days after the resolution referred to
    in paragraph (2) is agreed to, except that if only one such Committee is

      (4) Budget committee action.--Upon receipt of the recommendations
    received in response to a resolution referred to in paragraph (2), the
    Budget Committee shall report to the Senate a reconciliation bill or
    reconciliation resolution, or both, carrying out all such
    recommendations without any substantive revisions. In the event that a
    committee instructed in a resolution referred to in paragraph (2) fails
    to submit any recommendation (or, when only one committee is instructed,
    fails to report a reconciliation bill or resolution) in response to such
    instructions, the Budget Committee shall include in the reconciliation
    bill or reconciliation resolution reported pursuant to this subparagraph
    legislative language within the jursidiction of the noncomplying
    committee to achieve the amount of deficit reduction directed in such
    instructions.

      (5) Point of order.--It shall not be in order in the Senate to
    consider any reconciliation bill or reconciliation resolution reported
    under paragraph (4) with respect to a fiscal year, any amendment
    thereto, or any conference report thereon if--

              (A) the enactment of such bill or resolution as reported;

              (B) the adoption and enactment of such amendment; or

              (C) the enactment of such bill or resolution in the form

            recommended in such conference report,
    would cause the amount of the deficit for such fiscal year to exceed the
    maximum deficit amount for such fiscal year, unless the low-growth
    report submitted under section 254 projects negative real economic
    growth for such fiscal year, or for each of any two consecutive quarters
    during such fiscal year.

    [[Page 978]]
    ation of such resolution if such amendment would be in order but for
    the fact that it would be held to be non-germane on the basis that the
    instruction constitutes new matter.
      (6) Treatment of certain amendments.--In the Senate, an amendment
    which adds to a resolution reported under paragraph (2) an instruction
    of the type referred to in such paragraph shall be in order during the
    consider

      (7) Definition.--For purposes of paragraphs (1), (2), and (3), the
    term ``day'' shall mean any calendar day on which the Senate is in
    session.

      (b) Procedures.--(1) In general.--Except as provided in paragraph (2),
    in the Senate the provisions of sections 305 and 310 of the
    Congressional Budget Act of 1974 for the consideration of concurrent
    resolutions on the budget and conference reports thereon shall also
    apply to the consideration of resolutions, and reconciliation bills and
    reconciliation resolutions reported under this paragraph and conference
    reports thereon.

      (2) Limit on debate.--Debate in the Senate on any resolution reported
    pursuant to subsection (a)(2), and all amendments thereto and debatable
    motions and appeals in connection therewith, shall be limited to 10
    hours.

      (3) Limitation on amendments.--Section 310(d)(2) of the Congressional
    Budget Act shall apply to reconciliation bills and reconciliation
    resolutions reported under this subsection.

      (4) Bills and resolutions received from the house.--Any bill or
    resolution received in the Senate from the House, which is a companion
    to a reconciliation bill or reconciliation resolution of the Senate for
    the purposes of this subsection, shall be considered in the Senate
    pursuant to the provisions of this subsection.

      (5) Definition.--For purposes of this subsection, the term
    ``resolution'' means a simple, joint, or concurrent resolution.

      Sections 258, 258A, 258B, and 258C provide for reporting and
    consideration in the Senate but not in the House, where special rules
    might be adopted for the purpose.

    [House Rules Manual -- House Document No. 103-342]
    [Page 979-982]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-141]

    [[Page 979]]

             *            *            *            *            *

                         BUDGET ENFORCEMENT ACT OF 1990

                                   __________

    In addition to adding titles V and VI to the Congressional Budget Act of
    1974 (relating to credit reform and to budget agreement enforcement,
    respectively), the Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-
    508) also included these free-standing provisions addressing the
    budgetary treatment of social security.

                    EXCERPTS FROM TITLE XIII OF P.L. 101-508

    SEC. 13301. OFF-BUDGET STATUS OF OASDI TRUST FUNDS.
                           SUBTITLE C--SOCIAL SECURITY

      (a) Exclusion of Social Security From All Budgets.--Notwithstanding
    any other provision of law, the receipts and disbursements of the
    Federal Old-Age and Survivors Insurance Trust Fund and the Federal
    Disability Insurance Trust Fund shall not be counted as new budget
    authority, outlays, receipts, or deficit or surplus for purposes of--

              (1) the budget of the United States Government as submitted by

            the President,

              (2) the congressional budget, or

              (3) the Balanced Budget and Emergency Deficit Control Act of

            1985.

    SEC. 13302. PROTECTION OF OASDI TRUST FUNDS IN THE HOUSE OF
             *            *            *            *            *

            REPRESENTATIVES.

      (a) In General.--It shall not be in order in the House of
    Representatives to consider any bill or joint resolution, as reported,
    or any amendment thereto or conference report thereon, if, upon
    enactment--

              (1)(A) such legislation under consideration would provide for

            a net increase in OASDI benefits of at least 0.02 percent of the

            present value of future taxable payroll for the 75-year period

    [[Page 980]]
            utilized in the most

            recent annual report of the Board of Trustees provided pursuant to

            section 201(c)(2) of the Social Security Act, and (B) such

            legislation under consideration does not provide at least a net

            increase, for such 75-year period, in OASDI taxes of the amount

            by which the net increase in such benefits exceeds 0.02 percent

            of the present value of future taxable payroll for such 75-year

            period,

              (2)(A) such legislation under consideration would provide for

            a net increase in OASDI benefits (for the 5-year estimating

            period for such legislation under consideration), (B) such net

            increase, together with the net increases in OASDI benefits

            resulting from previous legislation enacted during that fiscal

            year or any of the previous 4 fiscal years (as estimated at the

            time of enactment) which are attributable to those portions of

            the 5-year estimating periods for such previous legislation that

            fall within the 5-year estimating period for such legislation

            under consideration, exceeds $250,000,000, and (C) such

            legislation under consideration does not provide at least a net

            increase, for the 5-year estimating period for such legislation

            under consideration, in OASDI taxes which, together with net

            increases in OASDI taxes resulting from such previous

            legislation which are attributable to those portions of the 5-

            year estimating periods for such previous legislation that fall

            within the 5-year estimating period for such legislation under

            consideration, equals the amount by which the net increase

            derived under subparagraph (B) exceeds $250,000,000;

              (3)(A) such legislation under consideration would provide for

            a net decrease in OASDI taxes of at least 0.02 percent of the

            present value of future taxable payroll for the 75-year period

            utilized in the most recent annual report of the Board of

            Trustees provided pursuant to section 201(c)(2) of the Social

            Security Act, and (B) such legislation under consideration does

            not provide at least a net decrease, for such 75-year period, in

            OASDI benefits of the amount by which the net decrease in such

            taxes exceeds 0.02 percent of the present value of future

            taxable payroll for such 75-year period, or

              (4)(A) such legislation under consideration would provide for

            a net decrease in OASDI taxes (for the 5-year estimating period

    [[Page 981]]
            for such legislation under con

            sideration), (B) such net decrease, together with the net decreases in

            OASDI taxes resulting from previous legislation enacted during

            that fiscal year or any of the previous 4 fiscal years (as

            estimated at the time of enactment) which are attributable to

            those portions of the 5-year estimating periods for such

            previous legislation that fall within the 5-year estimating

            period for such legislation under consideration, exceeds

            $250,000,000, and (C) such legislation under consideration does

            not provide at least a net decrease, for the 5-year estimating

            period for such legislation under consideration, in OASDI

            benefits which, together with net decreases in OASDI benefits

            resulting from such previous legislation which are attributable

            to those portions of the 5-year estimating periods for such

            previous legislation that fall within the 5-year estimating

            period for such legislation under consideration, equals the

            amount by which the net decrease derived under subparagraph (B)

            exceeds $250,000,000.

      (b) Application.--In applying paragraph (3) or (4) of subsection (a),
    any provision of any bill or joint resolution, as reported, or any
    amendment thereto, or conference report thereon, the effect of which is
    to provide for a net decrease for any period in taxes described in
    subsection (c)(2)(A) shall be disregarded if such bill, joint
    resolution, amendment, or conference report also includes a provision
    the effect of which is to provide for a net increase of at least an
    equivalent amount for such period in medicare taxes.

      (c) Definitions.--For purposes of this subsection:

              (1) The term ``OASDI benefits'' means the benefits under the

            old-age, survivors, and disability insurance programs under

            title II of the Social Security Act.

              (2) The term ``OASDI taxes'' means--

                      (A) the taxes imposed under sections 1401(a), 3101(a),

                    and 3111(a) of the Internal Revenue Code of 1986, and

                      (B) the taxes imposed under chapter 1 of such Code (to

                    the extent attributable to section 86 of such Code).

              (3) The term ``medicare taxes'' means the taxes imposed under

            sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue

            Code of 1986.

              (4) The term ``previous legislation'' shall not include

            legislation enacted before fiscal year 1991.

    [[Page 982]]

              (5) The term ``5-year estimating period'' means, with respect

            to any legislation, the fiscal year in which such legislation

            becomes or would become effective and the next 4 fiscal years.

              (6) No provision of any bill or resolution, or any amendment

            thereto or conference report thereon, involving a change in

            chapter 1 of the Internal Revenue Code of 1986 shall be treated

            as affecting the amount of OASDI taxes referred to in paragraph

            (2)(B) unless such provision changes the income tax treatment of

            OASDI benefits.

             *            *            *            *            *