[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 867-947]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 867]]

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                        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), 




  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).