    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
    [105th Congress]
    [House Document 104-272]
    [Miscellaneous Provisions Of Congressional Budget Laws]
    [Pages 895-1000]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 895]]

                            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

    [[Page 896]]

                    issuance of promissory notes or other monetary credits;

                      (iii) contract authority, which means the making of

                    funds available for obligation but not for expenditure;

                    and

                      (iv) offsetting receipts and collections as negative

                    budget authority, and the reduction thereof as positive

                    budget authority.

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

            Federal Hospital Insurance Trust Fund, the Supplementary Medical

            Insurance Trust Fund, the Unemployment Trust Fund, and the

            railroad retirement account, any amount that is precluded from

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

            limitation or a benefit formula) shall not be budget authority

            in that year.

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

            means, with respect to a fiscal year--

                      (i) budget authority that first becomes available for

                    obligation in that year, including budget authority that

                    becomes available in that year as a result of a

                    reappropriation; or

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

                    unobligated balances of budget authority carried over

                    from a prior year, resulting from a provision of law

                    first effective in that year;

            and includes a change in the estimated level of new budget

            authority provided in indefinite amounts by existing law.

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

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

              (A) a concurrent resolution setting forth the congressional

            budget for the United States Government for a fiscal year as

            provided in section 301; and

              (B) any other concurrent resolution revising the congressional

            budget for the United States Government for a fiscal year as

            described in section 304.

    [[Page 896]]

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

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

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

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

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

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

            by private entities or individuals;

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

            majority of which is elected by private owners;

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

                      (I) make loans or loan guarantees for limited purposes

                    such as to provide credit for specific borrowers or one

                    sector; and

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

                    the full faith and credit of the Federal Government) or

                    to guarantee the debt of others in unlimited amounts;

                    and

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

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

            interstate commerce);

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

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

            commitment made by the Government); and

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

            the enterprise and are not Federal employees subject to title 5

            of the United States Code.

      (9) The term ``entitlement authority'' means--

              (A) the authority to make payments (including loans and

            grants), the budget authority for which is not provided for in

            advance by appropriation Acts, to any person or government if,

            under the provisions of the law containing that authority, the

            United States is obligated to make such payments to persons or

            governments who meet the requirements established by that law;

            and

              (B) the food stamp program.

    [[Page 898]]

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

      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). The Budget
    Enforcement Act of 1997 (sec. 10101 of P.L. 105-33) amended the
    definition of ``entitlement authority'' in paragraph (9) in conjunction
    with amendments to section 401.

      Amounts of liquidating cash provided in the Department of
    Transportation Appropriations bill are not new 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).
    * * * * *

                     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.
    February 15...................................  Congressional Budget

                                                     Office submits report

                                                     to Budget Committees.
    Not later than 6 weeks after President submits  Committees submit views
     budget.                                         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

    [[Page 899]]

                                                     bill.

    June 15.......................................  Congress completes
                     On or before:                   Action to be completed:

                                                     action on

                                                     reconciliation

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

                                                     on annual appropriation

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

      The date for committees' submissions of views and estimates was
    amended by the Budget Enforcement Act of 1997 (sec. 10104, P.L. 105-33).

             annual adoption of concurrent resolution on the budget

      Sec. 301. (a) Content of Concurrent Resolution on the Budget.--On or
    before April 15 of each year, the Congress shall complete action on a
    concurrent resolution on the budget for the fiscal year beginning on
    October 1 of such year. The concurrent resolution shall set forth
    appropriate levels for the fiscal year beginning on October 1 of such
    year and for at least each of the 4 ensuing fiscal years for the
    following--

              (1) totals of new budget authority and outlays;

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

            the aggregate level of Federal revenues should be increased or

            decreased by bills and resolutions to be reported by the

            appropriate committees;

              (3) the surplus or deficit in the budget;

              (4) new budget authority and outlays for each major functional

            category, based on allocations of the total levels set forth

            pursuant to paragraph (1);

              (5) the public debt;

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

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

            program established under title II of the Social Security Act

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

            succeeding fiscal years; and

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

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

            program established under title II of the Social Security Act

            (and the related provisions of the Internal Revenue Code of

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

    [[Page 900]]

    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.

            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

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

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

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

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

            Employment Act of 1946 should be achieved;

              (2) include reconciliation directives described in section

            310;

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

            resolutions providing new budget authority or new entitlement

            authority for such fiscal year shall not be enrolled until the

            Congress has completed action on any reconciliation bill or

            reconciliation resolution or both required by such concurrent

            resolution to be reported in accordance with section 310(b);

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

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

            carry out the purposes of this Act;

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

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

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

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

            increase in each of the relevant fiscal years;

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

            Trust Fund Balances'' in which the concurrent resolution shall

            set forth the balances of the Federal retirement trust funds;

              (7) set forth procedures in the Senate whereby committee

            allocations, aggregates, and other levels can be revised for

            legislation if that legislation would not increase the deficit,

            or would not increase the deficit when taken with other

            legislation enacted after the adoption of the resolution, for

            the first fiscal year or the total period of fiscal years

            covered by the resolution;

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

            House of Representatives; and

              (9) set forth direct loan obligation and primary loan

    [[Page 901]]

            guarantee commitment levels.

      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). Sections 301(a) and 301(b) were amended by the Budget
    Enforcement Act of 1997 (sec. 10105, P.L. 105-33) to extend the
    requirement that the term of budget resolutions be at least five years
    and to eliminate the requirement that budget resolutions contain direct
    loan and loan guarantee levels.

    [[Page 902]]

    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 concurrent
    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

      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 were 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 903]]

    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 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

      (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 904]]

    tee 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, or at such time as may be requested by the Committee on the
    Budget, each committee of the House of Representatives having
    legislative jurisdiction shall submit to the Committee on the Budget of
    the House and each commit-

      Section 301(d) was amended by the Budget Enforcement Act of 1997 (sec.
    10105, P.L. 105-33) to permit the chairmen of the Budget Committees to
    set an alternate deadline for submission of committee views and
    estimates.

      (e) Hearings and Report.--

              (1) In general.--In developing the concurrent resolution on

            the budget referred to in subsection (a) for each fiscal year,

            the Committee on the Budget of each House shall hold hearings

            and shall receive testimony from Members of Congress and such

            appropriate representatives of Federal departments and agencies,

            the general public, and national organizations as the committee

            deems desirable. Each of the recommendations as to short-term

            and medium-term 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

    [[Page 905]]

            part of its consideration of such concurrent resolu-

            tion, and its report may reflect its views thereon, including its

            views on how the estimates of revenues and levels of budget

            authority and outlays set forth in such concurrent resolution are

            designed to achieve any goals it is recommending.

              (2) Required contents of report.--The report accompanying the

            resolution shall include--

                      (A) a comparison of the levels of total new budget

                    authority, total outlays, total revenues, and the

                    surplus or deficit for each fiscal year set forth in the

                    resolution with those requested in the budget submitted

                    by the President;

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

                    estimate of total new budget authority and total

                    outlays, with the estimates divided between

                    discretionary and mandatory amounts;

                      (C) the economic assumptions that underlie each of the

                    matters set forth in the resolution and any alternative

                    economic assumptions and objectives the committee

                    considered;

                      (D) information, data, and comparisons indicating the

                    manner in which, and the basis on which, the committee

                    determined each of the matters set forth in the

    [[Page 906]]

                    resolution;

                      (E) the estimated levels of tax expenditures (the tax

                    expenditures budget) by major items and functional

                    categories for the President's budget and in the

                    resolution; and

                      (F) allocations described in section 302(a).

              (3) Additional contents of report.--The report accompanying

            the resolution may include--

                      (A) a statement of any significant changes in the

                    proposed levels of Federal assistance to State and local

                    governments;

                      (B) an allocation of the level of Federal revenues

                    recommended in the resolution among the major sources of

                    such revenues;

                      (C) information, data, and comparisons on the share of

                    total Federal budget outlays and of gross domestic

                    product devoted to investment in the budget submitted by

                    the President and in the resolution;

                      (D) the assumed levels of budget authority and outlays

                    for public buildings, with a division between amounts

                    for construction and repair and for rental payments; and

                      (E) other matters, relating to the budget and to

                    fiscal policy, that the committee deems appropriate.

      The contents required of a report accompanying a budget resolution
    were modified by the Budget Enforcement Act of 1997 (sec. 10105, P.L.
    105-33).

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

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

            1946, the President recommends in the Economic Report that the

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

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

            period prescribed by such subsection, the concurrent resolution

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

            which such Economic Report is received by the Congress may set

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

            goals can be achieved.

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

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

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

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

            the President recommends in the Economic Report that such goals

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

            the Congress has expressed its opinion that such goals should be

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

            its most recent action pursuant to this paragraph, the

            concurrent resolution on the budget for the fiscal year

            beginning after the date on which such Economic Report is

            received by the Congress may set forth the year in which, in the

            opinion of the Congress, such goals can be achieved.

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

            resolution setting forth such year only if the amendment thereto

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

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

            germane fashion in order to be consistent with the economic

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

            Employment Act of 1946) which such amendment proposes can be

            achieved by the year specified in such amendment.

    [[Page 907]]

      (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.

      (i) Social Security Point of Order.--It shall not be in order in the
    Senate to consider any concurrent resolution on the budget (or
    amendment, motion, or conference report on the resolution) that would
    decrease the excess of social security revenues over social security
    outlays in any of the fiscal years covered by the concurrent resolution.
    No change in chapter 1 of the Internal Revenue Code of 1986 shall be
    treated as affecting the amount of social security revenues unless such
    provision changes the income tax treatment of social security benefits.

    [[Page 908]]

    section (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 Social Security point of order contained in paragraph
    (i) was expanded by the Budget Enforcement Act of 1997 (sec. 10105,
    P.L. 105-33).
      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 sub-

      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) Committee Spending Allocations.--

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

            statement accompanying a conference report on a concurrent

            resolution on the budget shall include an allocation, consistent

            with the resolution recommended in the conference report, of the

            levels for the first fiscal year of the resolution, for at least

            each of the ensuing 4 fiscal years, and a total for that period

            of fiscal years (except in the case of the Committee on

            Appropriations only for the fiscal year of that resolution) of--

                      (A) total new budget authority; and

                      (B) total outlays;

            among each committee of the House of Representatives or the

            Senate that has jurisdiction over legislation providing or

            creating such amounts.

              (2) No double counting.--In the House of Representatives, any

            item allocated to one committee may not be allocated to another

    [[Page 909]]

            committee.

              (3) Further division of amounts.--

                      (A) In the senate.--In the Senate, the amount

                    allocated to the Committee on Appropriations shall be

                    further divided among the categories specified in

                    section 250(c)(4) of the Balanced Budget and Emergency

                    Deficit Control Act of 1985 and shall not exceed the

                    limits for each category set forth in section 251(c) of

                    that Act.

                      (B) In the house.--In the House of Representatives,

                    the amounts allocated to each committee for each fiscal

                    year, other than the Committee on Appropriations, shall

                    be further divided between amounts provided or required

                    by law on the date of filing of that conference report

                    and amounts not so provided or required. The amounts

                    allocated to the Committee on Appropriations shall be

                    further divided--

                            (i) between discretionary and mandatory amounts

                        or programs, as appropriate; and

                            (ii) consistent with the categories specified in

                        section 250(c)(4) of the Balanced Budget and

                        Emergency Deficit Control Act of 1985.

              (4) Amounts not allocated.--In the House of Representatives or

            the Senate, if a committee receives no allocation of new budget

            authority or outlays, that committee shall be deemed to have

            received an allocation equal to zero for new budget authority or

            outlays.

              (5) Adjusting allocation of discretionary spending in the

            house of representatives.--(A) If a concurrent resolution on the

            budget is not adopted by April 15, the chairman of the Committee

            on the Budget of the House of Representatives shall submit to

            the House, as soon as practicable, an allocation under paragraph

            (1) to the Committee on Appropriations consistent with the

            discretionary spending levels in the most recently agreed to

            concurrent resolution on the budget for the appropriate fiscal

            year covered by that resolution.

              (B) As soon as practicable after an allocation under paragraph

            (1) is submitted under this section, the Committee on

            Appropriations shall make suballocations and report those

            suballocations to the House of Representatives.

    [[Page 910]]

    each House (after consulting with the Committee on Appropriations of
    the other House) shall suballocate each amount allocated to it for the
    budget year under subsection (a) among its subcommittees. Each Committee
    on Appropriations shall promptly report to its House suballocations made
    or revised under this subsection. The Committee on Appropriations of the
    House of Representatives shall further divide among its subcommittees
    the divisions made under subsection (a)(3)(B) and promptly report those
    divisions to the House.

      (b) Suballocations by Appropriations Committees.--As soon as
    practicable after a concurrent resolution on the budget is agreed to,
    the Committee on Appropriations of

      (c) Point of Order.--After the Committee on Appropriations has
    received an allocation pursuant to subsection (a) for a fiscal year, it
    shall not be in order in the House of Representatives or the Senate to
    consider any bill, joint resolution, amendment, motion, or conference
    report within the jurisdiction of that committee providing new budget
    authority for that fiscal year, until that committee makes the
    suballocations required by subsection (b).

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

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

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

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

            completed action on a concurrent resolution on the budget for a

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

            Representatives to consider any bill, joint resolution, or

            amendment providing new budget authority for any fiscal year, or

            any conference report on any such bill or joint resolution, if--

                      (A) the enactment of such bill or resolution as

                    reported;

    [[Page 911]]

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

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

                    form recommended in such conference report,

            would cause the applicable allocation of new budget authority

            made under subsection (a) or (b) for the first fiscal year or

            the total of fiscal years to be exceeded.

              (2) In the senate.--After a concurrent resolution on the

            budget is agreed to, it shall not be in order in the Senate to

            consider any bill, joint resolution, amendment, motion, or

            conference report that would cause--

                      (A) in the case of any committee except the Committee

                    on Appropriations, the applicable allocation of new

                    budget authority or outlays under subsection (a) for the

                    first fiscal year or the total of fiscal years to be

                    exceeded; or

                      (B) in the case of the Committee on Appropriations,

                    the applicable suballocation of new budget authority or

                    outlays under subsection (b) to be exceeded.

      (g) Pay-as-You-Go Exception in the House.--

              (1) In general.--(A) Subsection (f)(1) and, after April 15,

            section 303(a) shall not apply to any bill or joint resolution,

            as reported, amendment thereto, or conference report thereon if,

            for each fiscal year covered by the most recently agreed to

            concurrent resolution on the budget--

                      (i) the enactment of that bill or resolution as

                    reported;

                      (ii) the adoption and enactment of that amendment; or

                      (iii) the enactment of that bill or resolution in the

                    form recommended in that conference report,

            would not increase the deficit, and, if the sum of any revenue

            increases provided in legislation already enacted during the

            current session (when added to revenue increases, if any, in

            excess of any outlay increase provided by the legislation

            proposed for consideration) is at least as great as the sum of

            the amount, if any, by which the aggregate level of Federal

            revenues should be increased as set forth in that concurrent

            resolution and the amount, if any, by which revenues are to be

            increased pursuant to pay-as-you-go procedures under section

            301(b)(8), if included in that concurrent resolution.

              (B) Section 311(a), as that section applies to revenues, shall

    [[Page 912]]

            not apply to any bill, joint resolution,

            amendment thereto, or conference report thereon if, for each fiscal

            year covered by the most recently agreed to concurrent resolution on

            the budget--

                      (i) the enactment of that bill or resolution as

                    reported;

                      (ii) the adoption and enactment of that amendment; or

                      (iii) the enactment of that bill or resolution in the

                    form recommended in that conference report,

            would not increase the deficit, and, if the sum of any outlay

            reductions provided in legislation already enacted during the

            current session (when added to outlay reductions, if any, in

            excess of any revenue reduction provided by the legislation

            proposed for consideration) is at least as great as the sum of

            the amount, if any, by which the aggregate level of Federal

            outlays should be reduced as required by that concurrent

            resolution and the amount, if any, by which outlays are to be

            reduced pursuant to pay-as-you-go procedures under section

            301(b)(8), if included in that concurrent resolution.

              (2) Revised allocations.--(A) As soon as practicable after

            Congress agrees to a bill or joint resolution that would have

            been subject to a point of order under subsection (f)(1) but for

            the exception provided in paragraph (1)(A) or would have been

            subject to a point of order under section 311(a) but for the

            exception provided in paragraph (1)(B), the chairman of the

            Committee on the Budget of the House of Representatives shall

            file with the House appropriately revised allocations under

            section 302(a) and revised functional levels and budget

            aggregates to reflect that bill.

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

            aggregates shall be considered for the purposes of this Act as

            allocations, functional levels, and budget aggregates contained

            in the most recently agreed to concurrent resolution on the

            budget.

    [[Page 913]]

    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. Section 302 was
    further amended by the Budget Enforcement Act of 1997 (sec. 10106, P.L.
    105-33) to: (1) permanently extend the requirement that allocations to
    the authorizing committees cover at least a five-year period and to
    revert the temporary allocations under former section 602 into section
    302; (2) permit a further allocation among defense, nondefense, and
    violent crime reduction funding; (3) modify the Appropriation
    Committee's default allocation; and (4) clarify the Appropriation
    Committee's suballocations to its subcommittees.
      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

      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 does not extend to an amendment providing new
    budget authority in addition to the amounts contained in the bill (July
    13, 1987, p. 19514).

      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).

    [[Page 914]]

    of the pertinent allocation of such authority to the Committee on Merchant
    Marine and Fisheries (July 18, 1991, p. 18860). An amendment proposing to
    strike from a general appropriation bill a proviso stating that a specified
    increment of new discretionary budget authority ostensibly provided by the
    bill would ``become available for obligation only upon the enactment of
    future appropriations legislation'' was held to cause the bill to provide
    additional new discretionary budget authority in that incremental
    amount, in breach of the pertinent allocation under sections 302 and 602
    of the Budget Act, and therefore in violation of section 302(f) of that
    Act (June 26, 1996, p. ----).
      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. 16474). 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

      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. ----).

       concurrent resolution on the budget must be adopted before budget-

                        related legislation is considered

      Sec. 303. (a) In General.--Until the concurrent resolution on the
    budget for a fiscal year has been agreed to, it shall not be in order in
    the House of Representatives, with respect to the first fiscal year
    covered by that resolution, or the Senate, with respect to any fiscal
    year covered by that resolution, to consider any bill or joint
    resolution, amendment or motion thereto, or conference report thereon
    that--

              (1) first provides new budget authority for that fiscal year;

              (2) first provides an increase or decrease in revenues during

            that fiscal year;

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

            to become effective during that fiscal year;

              (4) in the Senate only, first provides new entitlement

            authority for that fiscal year; or

              (5) in the Senate only, first provides for an increase or

            decrease in outlays for that fiscal year.

      (b) Exceptions in the House.--In the House of Representatives,
    subsection (a) does not apply--

              (1)(A) to any bill or joint resolution, as reported, providing

            advance discretionary new budget authority that first becomes

            available for the first or second fiscal year after the budget

            year; or

              (B) to any bill or joint resolution, as reported, first

    [[Page 915]]

            increasing or decreasing revenues in a fiscal year fol-

            lowing the fiscal year to which the concurrent resolution applies;

              (2) after May 15, to any general appropriation bill or

            amendment thereto; or

              (3) to any bill or joint resolution unless it is reported by a

            committee.

      (c) Application to Appropriation Measures in the Senate.--

              (1) In general.--Until the concurrent resolution on the budget

            for a fiscal year has been agreed to and an allocation has been

            made to the Committee on Appropriations of the Senate under

            section 302(a) for that year, it shall not be in order in the

            Senate to consider any appropriation bill or joint resolution,

            amendment or motion thereto, or conference report thereon for

            that year or any subsequent year.

              (2) Exception.--Paragraph (1) does not apply to appropriations

            legislation making advance appropriations for the first or

            second fiscal year after the year the allocation referred to in

            that paragraph is made.

      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. Section 303 was rewritten by the Budget Enforcement
    Act of 1997 (sec. 10107, P.L. 105-33) to simplify the section, drop
    obsolete provisions, make certain conforming changes, and to eliminate
    references to ``new entitlement authority'' and ``new credit
    authority.''

      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 916]]

    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 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

      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. 19155).

      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).

    [[Page 917]]

    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).
      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

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

     provisions relating to the consideration of concurrent resolutions on
      The Budget 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
    redesignated the subsection on economic assumptions, originally added by
    Public Law 100-119, as (b). The latter subsection (b) was deleted by the
    Budget Enforcement Act of 1997 (sec. 10108, P.L. 105-33).

                                   the budget

      Sec. 305. (a) Procedure in House of Representatives After Report of
    Committee; Debate.--

              (1) When a concurrent resolution on the budget has been

            reported by the Committee on the Budget of the House of

    [[Page 918]]

            Representatives and has been referred to the

            appropriate calendar of the House, it shall be in order on any day

            thereafter, subject to clause 2(l)(6) of rule XI of the Rules of

            the House of Representatives, to move to proceed to the

            consideration of the concurrent resolution. The motion is highly

            privileged and is not debatable. An amendment to the motion is

            not in order and it is not in order to move to reconsider the

            vote by which the motion is agreed to or disagreed to.

              (2) General debate on any concurrent resolution on the budget

            in the House of Representatives shall be limited to not more

            than 10 hours, which shall be divided equally between the

            majority and minority parties, plus such additional hours of

            debate as are consumed pursuant to paragraph (3). A motion

            further to limit debate is not debatable. A motion to recommit

            the concurrent resolution is not in order, and it is not in

            order to move to reconsider the vote by which the concurrent

            resolution is agreed to or disagreed to.

              (3) Following the presentation of opening statements on the

            concurrent resolution on the budget for a fiscal year by the

            chairman and ranking minority member of the Committee on the

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

            for debate on economic goals and policies.

              (4) Only if a concurrent resolution on the budget reported by

            the Committee on the Budget of the House sets forth the economic

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

            Employment Act of 1946) which the estimates, amounts, and levels

            (as described in section 301(a)) set forth in such resolution

            are designed to achieve, shall it be in order to offer to such

            resolution an amendment relating to such goals, and such

            amendment shall be in order only if it also proposes to alter

            such estimates, amounts, and levels in germane fashion in order

            to be consistent with the goals proposed in such amendment.

              (5) 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

    [[Page 919]]

            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.

      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 (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 (3) and (4),
    relating to Senate procedure. The Budget Enforcement Act of 1997 (sec.
    10109, P.L. 105-33) amended section 305(a)(1) to provide a three-day
    layover requirement for the concurrent resolution on the budget.

    [[Page 920]]

    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).
      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

      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. 39) 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. 14612).

      (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

    [[Page 921]]

            minority leader or their designees.

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

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

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

            manager of the concurrent resolution, and debate on any

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

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

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

            except that in the event the manager of the concurrent

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

            the time in opposition thereto shall be controlled by the

            minority leader or his designee. No amendment that is not

            germane to the provisions of such concurrent resolution shall be

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

            under their control on the passage of the concurrent resolution,

            allot additional time to any Senator during the consideration of

            any amendment, debatable motion, or appeal.

              (3) Following the presentation of opening statements on the

            concurrent resolution on the budget for a fiscal year by the

            chairman and ranking minority member of the Committee on the

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

            hours for debate on economic goals and policies.

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

            concurrent resolution on the budget reported by the Committee on

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

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

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

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

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

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

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

            and levels in germane fashion in order to be consistent with the

            goals proposed in such amendment.

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

            motion to recommit (except a motion to recommit with

            instructions to report back within a specified number of days,

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

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

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

    [[Page 922]]

            between, and con-

            trolled 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

            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

    [[Page 923]]

            amendment, the time in opposition

            shall be under the control of the minority leader or his designee.

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

            time on each amendment shall be limited to 30 minutes, to be

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

            conference report and the minority leader or his designee. No

            amendment that is not germane to the provisions of such

            amendments shall be received.

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

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

            then contained in such resolution are mathematically consistent;

            or

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

            budget unless the figures contained in such resolution, as

            recommended in such conference report, are mathematically

            consistent.

    legislation dealing with congressional budget must be handled by budget
      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.

      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
    legislative 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.

    [[Page 924]]

    discharged consistent with, and not in violation of, this section (Mar.
    13, 1986, p. 4638).
      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

      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 rewritten 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 or
    Providing an Increase or Decrease in Revenues or Tax Expenditures.--

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

            a bill or joint resolution, or committee amendment thereto,

            providing new budget authority (other than continuing

            appropriations) or providing an increase or decrease in revenues

            or tax expenditures for a fiscal year (or fiscal years), the

            report accompanying that bill or joint resolution shall contain

            a statement, or the committee shall make available such a

            statement in the case of an approved committee amendment which

            is not reported to its House, prepared after consultation with

    [[Page 925]]

            the Director of the Congressional Budget Office--

                      (A) comparing the levels in such measure to the

                    appropriate allocations in the reports submitted under

                    section 302(b) for the most recently agreed to

                    concurrent resolution on the budget for such fiscal year

                    (or fiscal years);

                      (B) containing a projection by the Congressional

                    Budget Office of how such measure will affect the levels

                    of such budget authority, budget outlays, revenues, or

                    tax expenditures under existing law for such fiscal year

                    (or fiscal years) and each of the four ensuing fiscal

                    years, if timely submitted before such report is filed;

                    and

                      (C) containing an estimate by the Congressional Budget

                    Office of the level of new budget authority for

                    assistance to State and local governments provided by

                    such measure, if timely submitted before such report is

                    filed.

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

            such conference report or any amendment reported in disagreement

            or any amendment contained in the joint statement of managers to

            be proposed by the conferees in the case of technical

            disagreement on such bill or joint resolution provides new

            budget authority (other than continuing appropriations) or

            provides an increase or decrease in revenues for a fiscal year

            (or fiscal years), the statement of managers accompanying such

            conference report shall contain the information described in

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

            information is not available when the conference report is

            filed, the committee shall make such information available to

            Members as soon as practicable prior to the consideration of

            such conference report.

      (b) Up-To-Date Tabulations of Congressional Budget Action.--

              (1) The Director of the Congressional Budget Office shall

            issue to the committees of the House of Representatives and the

            Senate reports on at least a monthly basis detailing and

            tabulating the progress of congressional action on bills and

            joint resolutions providing new budget authority or providing an

            increase or decrease in revenues or tax expenditures for each

            fiscal year covered by a concurrent resolution on the budget.

            Such reports shall include but are not limited to an up-to-date

            tabulation comparing the appropriate aggregate and functional

    [[Page 926]]

            levels (including outlays) in-

            cluded in the most recently adopted concurrent resolution on the

            budget with the levels provided in bills and joint resolutions

            reported by committees or adopted by either House or by the

            Congress, and with the levels provided by law for the fiscal year

            preceding the first fiscal year covered by the appropriate

            concurrent resolution.

              (2) The Committee on the Budget of each House shall make

            available to Members of its House summary budget scorekeeping

            reports. Such reports--

                      (A) shall be made available on at least a monthly

                    basis, but in any case frequently enough to provide

                    Members of each House an accurate representation of the

                    current status of congressional consideration of the

                    budget;

                      (B) shall include, but are not limited to summaries of

                    tabulations provided under subsection (b)(1); and

                      (C) shall be based on information provided under

                    subsection (b)(1) without substantive revision.
    The chairman of the Committee on the Budget of the House of
    Representatives shall submit such reports to the Speaker.

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

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

            each fiscal year in such period;

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

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

            period;

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

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

    [[Page 927]]

    tion, 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). Certain technical
    and conforming changes were made to this section by the Budget
    Enforcement Act of 1997 (sec. 10110, P.L. 105-33).
      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 legisla-

      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

      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 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.

      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--

    [[Page 928]]

                      (A) new budget authority for such fiscal year;

                      (B) budget authority initially provided for prior

                    fiscal years;

                      (C) new entitlement authority which is to become

                    effective during such fiscal year; and

                      (D) credit authority for such fiscal year,

            contained in laws, bills, and resolutions within the

            jurisdiction of a committee is to be changed and direct that

            committee to determine and recommend changes to accomplish a

            change of such total amount;

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

            changed and direct that the committees having jurisdiction to

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

            resolutions to accomplish a change of such total amount;

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

            public debt is to be changed and direct the committee having

            jurisdiction to recommend such change; or

              (4) specify and direct any combination of the matters

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

            to achieve deficit reduction).

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

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

            to determine and recommend changes, that committee shall

            promptly make such determination and recommendations and report

            to its House reconciliation legislation containing such

            recommendations; or

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

            directed to determine and recommend changes, each such committee

            so directed shall promptly make such determination and

            recommendations and submit such recommendations to the Committee

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

            recommendations, shall report to its House reconciliation

            legislation carrying out all such recommendations without any

    [[Page 929]]

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

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

              (A) if--

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

                    paragraph (1) of such subsection recommended by such

                    committee do not exceed or fall below the amount of the

                    changes such committee was directed by such concurrent

                    resolution to recommend under that paragraph by more

                    than--

                            (I) in the Senate, 20 percent of the total of

                        the amounts of the changes such committee was

                        directed to make under paragraphs (1) and (2) of

                        such subsection; or

                            (II) in the House of Representatives, 20 percent

                        of the sum of the absolute value of the changes the

                        committee was directed to make under paragraph (1)

                        and the absolute value of the changes the committee

                        was directed to make under paragraph (2); and

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

                    in paragraph (2) of such subsection recommended by such

                    committee do not exceed or fall below the amount of the

                    changes such committee was directed by such concurrent

                    resolution to recommend under that paragraph by more

                    than--

                            (I) in the Senate, 20 percent of the total of

                        the amounts of the changes such committee was

                        directed to make under paragraphs (1) and (2) of

                        such subsection; or

                            (II) in the House of Representatives, 20 percent

                        of the sum of the absolute value of the changes the

                        committee was directed to make under paragraph (1)

                        and the absolute value of the changes the committee

                        was directed to make under paragraph (2); and

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

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

    [[Page 930]]

            changes such committee was directed

            to make under paragraphs (1) and (2) of such subsection.

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

            the Senate of a recommendation that shall be deemed to have

            complied with such directions solely by virtue of this

            subsection, the chairman of that committee may file with the

            Senate appropriately revised allocations under section 302(a)

            and revised functional levels and aggregates to carry out this

            subsection.

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

                report recommending a reconciliation bill or resolution in

                which a committee shall be deemed to have complied with such

                directions solely by virtue of this subsection, the chairman

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

                the Senate appropriately revised allocations under section

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

                out this subsection.

                  (C) Allocations, functional levels, and aggregates revised

                pursuant to this paragraph shall be considered to be

                allocations, functional levels, and aggregates contained in

                the concurrent resolution on the budget pursuant to section

                301.

                  (D) Upon the filing of revised allocations pursuant to

                this paragraph, the reporting committee shall report revised

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

                subsection.

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

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

            to consider any amendment to a reconciliation bill or

            reconciliation resolution if such amendment would have the

            effect of increasing any specific budget outlays above the level

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

            fiscal years covered by the reconciliation instructions set

            forth in the most recently agreed to concurrent resolution on

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

            Federal revenues below the level of such revenues provided in

            the bill or resolution (for such fiscal years), unless such

            amendment makes at least an equivalent reduction in other

            specific budget outlays, an equivalent increase in other

            specific Federal revenues, or an equivalent combination thereof

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

    [[Page 931]]

            provision

            providing new budget authority or new entitlement authority may

            be in order.

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

            amendment to a reconciliation bill or reconciliation resolution

            if such amendment would have the effect of decreasing any

            specific budget outlay reductions below the level of such outlay

            reductions provided (for the fiscal years covered) in the

            reconciliation instructions which relate to such bill or

            resolution set forth in a resolution providing for

            reconciliation, or would have the effect of reducing Federal

            revenue increases below the level of such revenue increases

            provided (for such fiscal years) in such instructions relating

            to such bill or resolution, unless such amendment makes a

            reduction in other specific budget outlays, an increase in other

            specific Federal revenues, or a combination thereof (for such

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

            decrease in revenues provided by such amendment, except that a

            motion to strike a provision shall always be in order.

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

            war by the Congress is in effect.

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

            and Federal revenues for a fiscal year shall be determined on

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

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

            be.

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

            make in order amendments to achieve changes specified by

            reconciliation directives contained in a concurrent resolution

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

            submit recommended changes to its Committee on the Budget

            pursuant to its instruction.

      (e) Procedure in the Senate.--

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

            section 305 for the consideration in the Senate of concurrent

            resolutions on the budget and conference reports thereon shall

            also apply to the consideration in the Senate of reconciliation

            bills reported under subsection (b) and conference reports

            thereon.

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

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

    [[Page 932]]

            motions and appeals in connec-

            tion 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 933]]

      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. The Budget Enforcement Act of
    1997 (sec. 10111, P.L. 105-33) amended section 310(c)(1)(A) to clarify
    that committees, in meeting their reconciliation targets, may
    alternatively substitute revenue and spending changes by up to 20
    percent of the sum of the absolute value of reconciled changes as long
    as the result does not increase the deficit relative to the
    reconciliation instructions.

          budget-related legislation must be within appropriate levels

      Sec. 311. (a) Enforcement of Budget Aggregates.--

              (1) In the house of representatives.--Except as provided by

            subsection (c), after the Congress has completed action on a

            concurrent resolution on the budget for a fiscal year, it shall

            not be in order in the House of Representatives to consider any

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

            providing new budget authority or reducing revenues, if--

                      (A) the enactment of that bill or resolution as

                    reported;

                      (B) the adoption and enactment of that amendment; or

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

                    form recommended in that conference report;

            would cause the level of total new budget authority or total

            outlays set forth in the applicable concurrent resolution on the

            budget for the first fiscal year to be exceeded, or would cause

            revenues to be less than the level of total revenues set forth

            in that concurrent resolution for the first fiscal year or for

            the total of that first fiscal year and the ensuing fiscal years

            for which allocations are provided under section 302(a), except

            when a declaration of war by the Congress is in effect.

              (2) In the senate.--After a concurrent resolution on the

            budget is agreed to, it shall not be in order in the Senate to

            consider any bill, joint resolution, amendment, motion, or

            conference report that--

                      (A) would cause the level of total new budget

                    authority or total outlays set forth for the first

                    fiscal year in the applicable resolution to be exceeded;

                    or

                      (B) would cause revenues to be less than the level of

                    total revenues set forth for that first fiscal year or

                    for the total of that first fiscal year and the ensuing

                    fiscal years in the applicable resolution for which

                    allocations are provided under section 302(a).

              (3) Enforcement of social security levels in the senate.--

            After a concurrent resolution on the budget is agreed to, it

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

            resolution, amendment, motion, or conference report that would

            cause a decrease in social security surpluses or an increase in

    [[Page 934]]

            social security deficits relative to the levels set forth

            in the applicable resolution for the first fiscal year or for the

            total of that fiscal year and the ensuing fiscal years for which

            allocations are provided under section 302(a).

      (b) Social Security Levels.--

              (1) In general.--For purposes of subsection (a)(3), social

            security surpluses equal the excess of social security revenues

            over social security outlays in a fiscal year or years with such

            an excess and social security deficits equal the excess of

            social security outlays over social security revenues in a

            fiscal year or years with such an excess.

              (2) Tax treatment.--For purposes of subsection (a)(3), no

            provision of any legislation involving a change in chapter 1 of

            the Internal Revenue Code of 1986 shall be treated as affecting

            the amount of social security revenues or outlays unless that

            provision changes the income tax treatment of social security

            benefits.

      (c) Exception in the House of Representatives.--Subsection (a)(1)
    shall not apply in the House of Representatives to any bill, joint
    resolution, or amendment that provides new budget authority for a fiscal
    year or to any conference report on any such bill or resolution, if--

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

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

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

            recommended in that conference report;
    would not cause the appropriate allocation of new budget authority made
    pursuant to section 302(a) for that fiscal year to be exceeded.

    [[Page 935]]

      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). The Budget Enforcement Act of
    1997 (sec. 10112, P.L. 105-33) further amended this section by: (1)
    eliminating references to ``new entitlement authority''; (2) modifying
    Senate procedure; and (3) enforcing the revenue level for the same
    multiyear period covered by the allocations under section 302(a).

      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).

      The Chair relied on estimates furnished by the Budget Committee to
    hold that a motion to amend a Senate amendment providing new budget
    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).

    [[Page 936]]

    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).

      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

                       determinations and points of order

      Sec. 312. (a) Budget Committee Determinations.--For purposes of this
    title and title IV, the levels of new budget authority, outlays, direct
    spending, new entitlement authority, and revenues for a fiscal year
    shall be determined on the basis of estimates made by the Committee on
    the Budget of the House of Representatives or the Senate, as applicable.

      (b) Discretionary Spending Point of Order in the Senate.--

              (1) In general.--Except as otherwise provided in this

            subsection, it shall not be in order in the Senate to consider

            any bill or resolution (or amendment, motion, or conference

            report on that bill or resolution) that would exceed any of the

            discretionary spending limits in section 251(c) of the Balanced

            Budget and Emergency Deficit Control Act of 1985.

              (2) Exceptions.--This subsection shall not apply if a

            declaration of war by the Congress is in effect or if a joint

            resolution pursuant to section 258 of the Balanced Budget and

            Emergency Deficit Control Act of 1985 has been enacted.

      (c) Maximum Deficit Amount Point of Order in the Senate--It shall not
    be in order in the Senate to consider any concurrent resolution on the
    budget for a fiscal year, or to consider any amendment to that
    concurrent resolution, or to consider a conference report on that
    concurrent resolution, if--

              (1) the level of total outlays for the first fiscal year set

            forth in that concurrent resolution or conference report

            exceeds; or

              (2) the adoption of that amendment would result in a level of

    [[Page 937]]

    the recommended level of Federal revenues for that fiscal year, by an
    amount that is greater than the maximum deficit amount, if any,
    specified in the Balanced Budget and Emergency Deficit Control Act of
    1985 for that fiscal year.
            total outlays for that fiscal year that exceeds;

      (d) Timing of Points of Order in the Senate.--A point of order under
    this Act may not be raised against a bill, resolution, amendment,
    motion, or conference report while an amendment or motion, the adoption
    of which would remedy the violation of this Act, is pending before the
    Senate.

      (e) Points of Order in the Senate Against Amendments Between the
    Houses.--Each provision of this Act that establishes a point of order
    against an amendment also establishes a point of order in the Senate
    against an amendment between the Houses. If a point of order under this
    Act is raised in the Senate against an amendment between the Houses and
    the point of order is sustained, the effect shall be the same as if the
    Senate had disagreed to the amendment.

      (f) Effect of a Point of Order in the Senate.--In the Senate, if a
    point of order under this Act against a bill or resolution is sustained,
    the Presiding Officer shall then recommit the bill or resolution to the
    committee of appropriate jurisdiction for further consideration.

      Section 312 was added by the Budget Enforcement Act of 1990 (tit.
    XIII, P.L. 101-508). The section was amended by the Budget Enforcement
    Act of 1997 (sec. 10113, P.L. 105-33) to: (1) clarify the responsibility
    of the Budget Committee to provide estimates to the Chair upon which
    points of order under the Congressional Budget Act are evaluated; and
    (2) modify Senate procedure.

                 extraneous matter in reconciliation legislation

    [[Page 938]]

    defined in subsection (b) shall be deemed stricken from the bill and may
    not be offered as an amendment from the floor.

      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

      (b) Extraneous Provisions.--(1)(A) Except as provided in paragraph
    (2), a provision of a reconciliation bill or reconciliation resolution
    considered pursuant to section 310 shall be considered extraneous if
    such provision does not produce a change in outlays or revenue,
    including changes in outlays and revenues brought about by changes in
    the terms and conditions under which outlays are made or revenues are
    required to be collected (but a provision in which outlay decreases or
    revenue increases exactly offset outlay increases or revenue decreases
    shall not be considered extraneous by virtue of this subparagraph); (B)
    any provision producing an increase in outlays or decrease in revenues
    shall be considered extraneous if the net effect of provisions reported
    by the Committee reporting the title containing the provision is that
    the Committee fails to achieve its reconciliation instructions; (C) a
    provision that is not in the jurisdiction of the Committee with
    jurisdiction over said title or provision shall be considered
    extraneous; (D) a provision shall be considered extraneous if it
    produces changes in outlays or revenues which are merely incidental to
    the non-budgetary components of the provision; (E) a provision shall be
    considered to be extraneous if it increases, or would increase, net
    outlays, or if it decreases, or would decrease, revenues during a fiscal
    year after the fiscal years covered by such reconciliation bill or
    reconciliation resolution, and such increases or decreases are greater
    than outlay reductions or revenue increases resulting from other
    provisions in such title in such year; and (F) a provision shall be
    considered extraneous if it violates section 310(g).

    [[Page 939]]

    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.
      (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

      (3) A provision reported by a committee shall not be considered
    extraneous under paragraph (1)(C) if (A) the provision is an integral
    part of a provision or title, which if introduced as a bill or
    resolution would be referred to such committee, and the provision sets
    forth the procedure to carry out or implement the substantive provisions
    that were reported and which fall within the jurisdiction of such
    committee; or (B) the provision states an exception to, or a special
    application of, the general provision or title of which it is a part and
    such general provision or title if introduced as a bill or resolution
    would be referred to such committee.

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

      (d) Conference Reports.--When the Senate is considering a conference
    report on, or an amendment between the Houses in relation to, a
    reconciliation bill or reconciliation resolution pursuant to section
    310, upon--

              (1) a point of order being made by any Senator against

            extraneous material meeting the definition of subsections

            (b)(1)(A), (b)(1)(B), (b)(1)(D), (b)(1)(E), or (b)(1)(F), and

    [[Page 940]]

    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.

              (2) such point of order being sustained,
    such material contained in such conference report or amendment shall be
    deemed stricken, and the Senate

      (e) General Point of Order.--Notwithstanding any other law or rule of
    the Senate, it shall be in order for a Senator to raise a single point
    of order that several provisions of a bill, resolution, amendment,
    motion, or conference report violate this section. The Presiding Officer
    may sustain the point of order as to some or all of the provisions
    against which the Senator raised the point of order. If the Presiding
    Officer so sustains the point of order as to some of the provisions
    (including provisions of an amendment, motion, or conference report)
    against which the Senator raised the point of order, then only those
    provisions (including provisions of an amendment, motion, or conference
    report) against which the Presiding Officer sustains the point of order
    shall be deemed stricken pursuant to this section. Before the Presiding
    Officer rules on such a point of order, any Senator may move to waive
    such a point of order as it applies to some or all of the provisions
    against which the point of order was raised. Such a motion to waive is
    amendable in accordance with the rules and precedents of the Senate.
    After the Presiding Officer rules on such a point of order, any Senator
    may appeal the ruling of the Presiding Officer on such a point of order
    as it applies to some or all of the provisions on which the Presiding
    Officer ruled.

    [[Page 941]]

      Section 313, popularly known as the ``Byrd Rule,'' was added by the
    Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508). The Budget
    Enforcement Act of 1997 effected a technical correction to this section
    (sec. 10113, P.L. 105-33). Changes in outlays or revenues are not
    rendered incidental under this section simply by their insusceptibility
    to measurement (Aug. 6, 1993, p. ----).

                                   adjustments

      Sec. 314. (a) Adjustments.--

              (1) In general.--After the reporting of a bill or joint

            resolution, the offering of an amendment thereto, or the

            submission of a conference report thereon, the chairman of the

            Committee on the Budget of the House of Representatives or the

            Senate shall make the adjustments set forth in paragraph (2) for

            the amount of new budget authority in that measure (if that

            measure meets the requirements set forth in subsection (b)) and

            the outlays flowing from that budget authority.

              (2) Matters to be adjusted.--The adjustments referred to in

            paragraph (1) are to be made to--

                      (A) the discretionary spending limits, if any, set

                    forth in the appropriate concurrent resolution on the

                    budget;

                      (B) the allocations made pursuant to the appropriate

                    concurrent resolution on the budget pursuant to section

                    302(a); and

                      (C) the budgetary aggregates as set forth in the

                    appropriate concurrent resolution on the budget.

      (b) Amounts of Adjustments.--The adjustment referred to in subsection
    (a) shall be--

              (1) an amount provided and designated as an emergency

            requirement pursuant to section 251(b)(2)(A) or 252(e) of the

            Balanced Budget and Emergency Deficit Control Act of 1985;

              (2) an amount provided for continuing disability reviews

            subject to the limitations in section 251(b)(2)(C) of that Act;

              (3) for any fiscal year through 2002, an amount provided that

            is the dollar equivalent of the Special Drawing Rights with

            respect to--

                      (A) an increase in the United States quota as part of

                    the International Monetary Fund Eleventh General Review

                    of Quotas (United States Quota); or

                      (B) any increase in the maximum amount available to

                    the Secretary of the Treasury pursuant to section 17 of

                    the Bretton Woods Agreements Act, as amended from time

                    to time (New Arrangements to Borrow);

              (4) an amount provided not to exceed $1,884,000,000 for the

            period of fiscal years 1998 through 2000 for arrearages for

    [[Page 942]]

            international organi-

            zations, international peacekeeping, and multilateral development

            banks; or

              (5) an amount provided for an earned income tax credit

            compliance initiative but not to exceed--

                      (A) with respect to fiscal year 1998, $138,000,000 in

                    new budget authority;

                      (B) with respect to fiscal year 1999, $143,000,000 in

                    new budget authority;

                      (C) with respect to fiscal year 2000, $144,000,000 in

                    new budget authority;

                      (D) with respect to fiscal year 2001, $145,000,000 in

                    new budget authority; and

                      (E) with respect to fiscal year 2002, $146,000,000 in

                    new budget authority.

      (c) Application of Adjustments.--The adjustments made pursuant to
    subsection (a) for legislation shall--

              (1) apply while that legislation is under consideration;

              (2) take effect upon the enactment of that legislation; and

              (3) be published in the Congressional Record as soon as

            practicable.

      (d) Reporting Revised Suballocations.--Following any adjustment made
    under subsection (a), the Committees on Appropriations of the Senate and
    the House of Representatives may report appropriately revised
    suballocations under section 302(b) to carry out this section.

      (e) Definitions for CDRs.--As used in subsection (b)(2)--

              (1) the term ``continuing disability reviews'' shall have the

            same meaning as provided in section 251(b)(2)(C)(ii) of the

            Balanced Budget and Emergency Deficit Control Act of 1985; and

              (2) the term ``new budget authority'' shall have the same

            meaning as the term ``additional new budget authority'' and the

            term ``outlays'' shall have the same meaning as ``additional

            outlays'' in that section.

      This section was added by the Budget Enforcement Act of 1997 (sec.
    10114, P.L. 105-33).

       effect of adoption of a special order of business in the house of

                                 representatives

    [[Page 943]]

    this title or title IV shall be considered to refer to the text made
    in order as an original bill or joint resolution for the purpose of
    amendment or to the text on which the previous question is ordered
    directly to passage, as the case may be.

      Sec. 315. For purposes of a reported bill or joint resolution
    considered in the House of Representatives pursuant to a special order
    of business, the term ``as reported'' in

      This section was added by the Budget Enforcement Act of 1997 (sec.
    10115, P.L. 105-33).

          TITLE IV--ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES

                           Part A--General Provisions

            budget-related legislation not subject to appropriations

      Sec. 401. (a) Controls on Certain Budget-related Legislation Not
    Subject to Appropriations.--It shall not be in order in either the House
    of Representatives or the Senate to consider any bill or joint
    resolution (in the House of Representatives only, as reported),
    amendment, motion, or conference report that provides--

              (1) new authority to enter into contracts under which the

            United States is obligated to make outlays;

              (2) new authority to incur indebtedness (other than

            indebtedness incurred under chapter 31 of title 31 of the United

            States Code) for the repayment of which the United States is

            liable; or

              (3) new credit authority;
    unless that bill, joint resolution, amendment, motion, or conference
    report also provides that the new authority is to be effective for any
    fiscal year only to the extent or in the amounts provided in advance in
    appropriation Acts.

      (b) Legislation Providing New Entitlement Authority.--

              (1) Point of order.--It shall not be in order in either the

            House of Representatives or the Senate to consider any bill or

            joint resolution (in the House of Representatives only, as

            reported), amendment, motion, or conference report that provides

            new entitlement authority that is to become effective during the

            current fiscal year.

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

            Senate reports any bill or resolution which provides new

            entitlement authority which is to become effective during a

            fiscal year and the amount of new budget authority which will be

    [[Page 944]]

            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 the Senate or

            may then be referred to the Committee on Appropriations of the

            House, as the case may be, with instructions to report it, with

            the committee's recommendations, within 15 calendar days (not

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

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

            referred. If the Committee on Appropriations of either House

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

            paragraph within such 15-day period, the committee shall

            automatically be discharged from further consideration of such

            bill or resolution and such bill or resolution shall be placed

            on the appropriate calendar.

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

            jurisdiction to report any bill or resolution referred to it

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

            amount of new spending authority provided in such bill or

            resolution.

      (c) Exceptions.--

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

            described in those subsections if outlays from that new

            authority [will]\1\ flow--

                      (A) from a trust fund established by the Social

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

                    of this Act); or

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

                    the receipts of which consist or will consist of amounts

                    (transferred from the general fund of the Treasury)

                    equivalent to amounts of taxes (related to the purposes

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

                    the Treasury under specified provisions of the Internal

                    Revenue Code of 1954.

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

            described in those subsections to the extent that--
    ---------------------------------------------------------------------------

    [[Page 945]]

      \1\ Paragraph (4)(A) of section 10116(a) of Public Law 105-33
    amended this provision as shown above. However, the word ``will''
    probably should have appeared in the matter proposed to be stricken by
    that public law.
    ---------------------------------------------------------------------------

                      (A) the outlays resulting therefrom are made by an

                    organization which is (i) a mixed-ownership Government

                    corporation (as defined in section 201 of the Government

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

                    Government corporation (as defined in section 101 of

                    such Act) which is specifically exempted by law from

                    compliance with any or all of the provisions of that

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

                    and Emergency Deficit Control Act of 1985; or

                      (B) the outlays resulting therefrom consist

                    exclusively of the proceeds of gifts or bequests made to

                    the United States for a specific purpose.

      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. The Balanced Budget and Emergency Deficit Control Act of 1985
    (tit. II, P.L. 99-177) left the subsection entitled ``exceptions''
    intact except to clarify the application of section 401 to government
    corporations created after December 12, 1985. 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 Budget Enforcement Act of 1997 (sec.
    10116, P.L. 105-33): (1) repealed section 402, collapsing the point of
    order under that section into section 401; (2) repealed the definition
    of ``new spending authority,'' while shifting the definition of new
    entitlement authority to section 3; and (3) converted the mandatory
    referral of measures providing new entitlement authority to the
    Appropriations Committee to discretionary referral such measures.

    [[Page 940]]

    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. 32655-704).
      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

      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. ----). 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 ``entitlement'' authority 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. ----).

    [[Page 947]]

    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 section 401(b) (Speaker O'Neill,
    June 5, 1979, p. 13385; June 6, 1979, p. 13665). The Speaker may exercise
    his referral authority under section 401(b), 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 had not yet filed with the House a report
    subdividing among its subcommittees or by programs new entitlement
    authority allocated to that committee in the joint statement
    accompanying a conference report on a concurrent resolution on the
    budget, formerly required under section 302(a), the Speaker under
    section 401(b) referred to the Committee on Appropriations for the 15-
    day period a bill reported by that committee which exceeded the total
    entitlement authority allocated to that committee in the joint
    statement, and also referred any subsequent bill reported by that
    committee which contained new entitlement authority (Speaker Albert, May
    17, 1976, p. 14093; Aug. 25, 1976, p. 27775). During the efficacy of
    title VI, section 401(b)(2) had no vitality since that section remained
    linked to section 302 rather than the overriding section 602. 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 section 401(b), 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; May 21, 1981,
    p. 10622). A bill reported from the Committee on Agriculture amending
    the Food and Agriculture Act to increase certain

      Although the former definition of new spending authority in section
    401(c)(2) did 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 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. 32655-704). 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
    authority (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 (Mar. 26, 1992, p. ----).

      The former definition of new entitlement authority did not include
    revenue-sharing spending authority in the form of entitlements, as the
    exception from the definition of new spending authority for revenue-
    sharing programs did not apply to new entitlement authority for future
    fiscal years (Speaker Albert, Sept. 30, 1976, pp. 34074-100).

                     analysis by congressional budget office

    [[Page 948]]

    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--
      Sec. 402. The Director of the Congressional Budget Office shall, to
    the extent practicable, prepare for each bill

              (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.
    * * * * *

      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). The Budget Enforcement Act of 1997 (sec. 10116,
    P.L. 105-33) redesignated this section, formerly section 403, as section
    402. A committee cost estimate identifying certain spending authority as
    recurring annually and indefinitely was held necessarily to address the
    five-year period required by section 309 (Nov. 20, 1993, p. ----).

      study by the general accounting office of forms of federal financial

              commitment that are not reviewed annually by congress

    [[Page 949]]

      Sec. 404. The General Accounting Office shall study those provisions
    of law which provide mandatory spending and report to the Congress its
    recommendations for the appropriate form of financing for activities or
    programs financed by such provisions not later than eighteen months
    after the effective date of this section. Such report shall be revised
    from time to time.

      This section, formerly section 405, was redesignated by the Budget
    Enforcement Act of 1997 (sec. 10116, P.L. 105-33).

                  off-budget agencies, programs, and activities

      Sec. 405. (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.

      This section, formerly section 406, was redesignated by the Budget
    Enforcement Act of 1997 (sec. 10116, P.L. 105-33).

                                member user group

      Sec. 406. 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. This section, formerly section 407, was redesignated by
    the Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33).
    * * * * *

    SEC. 421. DEFINITIONS.

                            Part B--Federal Mandates

    [[Page 950]]

      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--

    [[Page 951]]

    and regulations in effect at the time of the adoption of the Federal
    mandate for the same activity as is affected by that Federal mandate; or

        (I) to comply with or carry out all applicable Federal, State, local,
    and tribal laws

        (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

    [[Page 952]]

                        authorization of appropriations for--

        (I) Federal financial assistance that would be provided to State,
    local, or tribal governments for the purpose of complying with any such
    previously imposed duty unless such duty is reduced or eliminated by a
    corresponding amount; or

        (II) the control of borders by the Federal Government; or reimbursement
    to State, local, or tribal governments for the net cost associated with
    illegal, deportable, and excludable aliens, including court-mandated
    expenses related to emergency health care, education or criminal justice;
    when such a reduction or elimination would result in increased net costs to
    State, local, or tribal governments in providing education or emergency
    health care to, or incarceration of, illegal aliens; except that this
    subclause shall not be in effect with respect to a State, local, or tribal
    government, to the extent that such government has not fully cooperated in
    the efforts of the Federal Government to locate, apprehend, and deport
    illegal aliens;

                      (B) any provision in legislation, statute, or

                    regulation that relates to a then-existing Federal

                    program under which $500,000,000 or more is provided

                    annually to State, local, and tribal governments under

                    entitlement authority, if the provision--

                            (i)(I) would increase the stringency of

                        conditions of assistance to State, local, or tribal

                        governments under the program; or

                            (II) would place caps upon, or otherwise

                        decrease, the Federal Government's responsibility to

                        provide funding to State, local, or tribal

                        governments under the program; and

                            (ii) the State, local, or tribal governments

                        that participate in the Federal program lack

                        authority under that program to amend their

                        financial or programmatic responsibilities to

                        continue providing required services that are

                        affected by the legislation, statute, or regulation.

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

            Federal intergovernmental mandate or a Federal private sector

    [[Page 953]]

            mandate, as defined in paragraphs (5) and (7).

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

            private sector mandate'' means any provision in legislation,

            statute, or regulation that--

                      (A) would impose an enforceable duty upon the private

                    sector except--

                            (i) a condition of Federal assistance; or

                            (ii) a duty arising from participation in a

                        voluntary Federal program; or

                      (B) would reduce or eliminate the amount of

                    authorization of appropriations for Federal financial

                    assistance that will be provided to the private sector

                    for the purposes of ensuring compliance with such duty.

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

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

            States Code.

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

            persons or entities in the United States, including individuals,

            partnerships, associations, corporations, and educational and

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

            tribal governments.

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

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

            has the meaning of ``rule'' as defined in section 601(2) of

            title 5, United States Code.

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

            any small governmental jurisdictions defined in section 601(5)

            of title 5, United States Code, and any tribal government.

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

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

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

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

            community, including any Alaska Native village or regional or

            village corporation as defined in or established pursuant to the

            Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C.

            1601 et seq.) which is recognized as eligible for the special

            programs and services provided by the United States to Indians

    SEC. 422. EXCLUSIONS.

            because of their special status as Indians.

    [[Page 954]]

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

              (1) enforces constitutional rights of individuals;

              (2) establishes or enforces any statutory rights that prohibit

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

            national origin, age, handicap, or disability;

              (3) requires compliance with accounting and auditing

            procedures with respect to grants or other money or property

            provided by the Federal Government;

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

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

            State, local, or tribal government;

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

            or implementation of international treaty obligations;

              (6) the President designates as emergency legislation and that

            the Congress so designates in statute; or

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

            insurance program under title II of the Social Security Act

            (including taxes imposed by sections 3101(a) and 3111(a) of the

            Internal Revenue Code of 1986 (relating to old-age, survivors,

    SEC. 423. DUTIES OF CONGRESSIONAL COMMITTEES.

            and disability insurance).

      (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

    [[Page 955]]

            protection of the natural environment); and

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

            affects both the public and private sectors and the extent to

            which Federal payment of public sector costs or the modification

            or termination of the Federal mandate as provided under section

            425(a)(2) would affect the competitive balance between State,

            local, or tribal governments and the private sector including a

            description of the actions, if any, taken by the committee to

            avoid any adverse impact on the private sector or the

            competitive balance between the public sector and the private

            sector.

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

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

            decrease in authorization of appropriations under existing

            Federal financial assistance programs, or of authorization of

            appropriations for new Federal financial assistance, provided by

            the bill or joint resolution and usable for activities of State,

            local, or tribal governments subject to the Federal

            intergovernmental mandates;

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

            Federal intergovernmental mandates be partly or entirely

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

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

            how the committee has created a mechanism to allocate the

            funding in a manner that is reasonably consistent with the

            expected direct costs among and between the respective levels of

            State, local, and tribal government; 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.

    [[Page 956]]

    any State, local, or tribal law, and, if so, an explanation of the effect
    of such preemption.
      (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

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

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

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

            Representatives shall publish the statement in the committee

            report accompanying the bill or joint resolution to which the

            statement relates if the statement is available at the time the

            report is printed.

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

            statement is not published in the report, or if the bill or

            joint resolution to which the statement relates is expected to

            be considered by the Senate or the House of Representatives

            before the report is published, the committee shall cause the

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

            Congressional Record in advance of floor consideration of the

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

            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

    [[Page 957]]

                    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 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

    [[Page 958]]

            estimates) of--

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

                    the Federal private sector mandates in the bill or joint

                    resolution; and

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

                    of appropriations under existing Federal financial

                    assistance programs, or of authorization of

                    appropriations for new Federal financial assistance,

                    provided by the bill or joint resolution usable by the

                    private sector for the activities subject to the Federal

                    private sector mandates.

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

            is not feasible to make a reasonable estimate that would be

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

            make the estimate, but shall report in the statement that the

            reasonable estimate cannot be made and shall include the reasons

            for that determination in the statement.

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

    SEC. 425. LEGISLATION SUBJECT TO POINT OF ORDER.

      (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.

      (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

    [[Page 959]]

            paragraph shall not

            apply to any supplemental statement prepared by the Director under

            section 424(d); and

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

            conference report that would increase the direct costs of

            Federal intergovernmental mandates by an amount that causes the

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

            unless--

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

                    conference report provides new budget authority or new

                    entitlement authority in the House of Representatives or

                    direct spending authority in the Senate for each fiscal

                    year for such mandates included in the bill, joint

                    resolution, amendment, motion, or conference report in

                    an amount equal to or exceeding the direct costs of such

                    mandate; or

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

                    conference report includes an authorization for

                    appropriations in an amount equal to or exceeding the

                    direct costs of such mandate, and--

                            (i) identifies a specific dollar amount of the

                        direct costs of such mandate for each year up to 10

                        years during which such mandate shall be in effect

                        under the bill, joint resolution, amendment, motion

                        or conference report, and such estimate is

                        consistent with the estimate determined under

                        subsection (e) for each fiscal year;

                            (ii) identifies any appropriation bill that is

                        expected to provide for Federal funding of the

                        direct cost referred to under clause (i); and

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

                        responsible Federal agency shall determine whether

                        there are insufficient appropriations for that

                        fiscal year to provide for the direct costs under

                        clause (i) of such mandate, and shall (no later than

                        30 days after the beginning of the fiscal year)

                        notify the appropriate authorizing committees of

                        Congress of the determination and submit either--

    [[Page 960]]

        (aa) a statement that the agency has determined, based on a re-estimate
    of the direct costs of such mandate, after consultation with State, local,
    and tribal governments, that the amount appropriated is sufficient to pay
    for the direct costs of such mandate; or

        (bb) legislative recommendations for either implementing a less costly
    mandate or making such mandate ineffective for the fiscal year;

                            (II) provides for expedited procedures for the

                        consideration of the statement or legislative

                        recommendations referred to in subclause (I) by

                        Congress no later than 30 days after the statement

                        or recommendations are submitted to Congress; and

                            (III) provides that such mandate shall--

        (aa) in the case of a statement referred to in subclause (I)(aa), cease
    to be effective 60 days after the statement is submitted unless Congress
    has approved the agency's determination by joint resolution during the 60-
    day period;

        (bb) cease to be effective 60 days after the date the legislative
    recommendations of the responsible Federal agency are submitted to Congress
    under subclause (I)(bb) unless Congress provides otherwise by law; or

        (cc) in the case that such mandate that has not yet taken effect,
    continue not to be effective unless Congress provides otherwise by law.

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

      (c) Committee on Appropriations.--

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

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

                    by the Committee on Appropriations of the Senate or the

                    House of Representatives; except

                      (B) shall apply to--

                            (i) any legislative provision increasing direct

                        costs of a Federal intergovernmental mandate

                        contained in any bill or resolution reported by the

                        Committee on Appropriations of the Senate or House

    [[Page 961]]

                        of Representatives;

                            (ii) any legislative provision increasing direct

                        costs of a Federal intergovernmental mandate

                        contained in any amendment offered to a bill or

                        resolution reported by the Committee on

                        Appropriations of the Senate or House of

                        Representatives;

                            (iii) any legislative provision increasing

                        direct costs of a Federal intergovernmental mandate

                        in a conference report accompanying a bill or

                        resolution reported by the Committee on

                        Appropriations of the Senate or House of

                        Representatives; and

                            (iv) any legislative provision increasing direct

                        costs of a Federal intergovernmental mandate

                        contained in any amendments in disagreement between

                        the two Houses to any bill or resolution reported by

                        the Committee on Appropriations of the Senate or

                        House of Representatives.

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

            order being made by any Senator against any provision listed in

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

            Chair, such specific provision shall be deemed stricken from the

            bill, resolution, amendment, amendment in disagreement, or

            conference report and may not be offered as an amendment from

            the floor.

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

    SEC. 426. PROVISIONS RELATING TO THE HOUSE OF REPRESENTATIVES.

      (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.

      (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.

    [[Page 962]]

      (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

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

            original text.

    SEC. 428. CLARIFICATION OF APPLICATION.

      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.

      (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

    [[Page 963]]

            for use for the purpose of com-

            plying with any Federal intergovernmental mandate, or to the

            private sector for use to comply with any Federal private sector

            mandate, and would not eliminate or reduce duties established by

            the Federal mandate by a corresponding amount; or

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

            direct costs of Federal intergovernmental mandates or Federal

            private sector mandates other than as described in paragraph

            (1).

      (b) Direct Costs.--

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

            the Federal mandates in a bill, joint resolution, amendment,

            motion, or conference report that reauthorizes appropriations,

            or that amends existing authorizations of appropriations, to

            carry out a statute, or that otherwise amends any statute, means

            the net increase, resulting from enactment of the bill, joint

            resolution, amendment, motion, or conference report, in the

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

            described under paragraph (2)(B).

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

            are--

                      (A) the aggregate amount of direct costs of Federal

                    mandates that would result under the statute if the

                    bill, joint resolution, amendment, motion, or conference

                    report is enacted; and

                      (B) the aggregate amount of direct costs of Federal

                    mandates that would result under the statute if the

                    bill, joint resolution, amendment, motion, or conference

                    report were not enacted.

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

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

            authorization of appropriations, the authorization level that

            would be provided by the extension shall be compared to the

            authorization level for the last year in which authorization of

            appropriations is already provided.

      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). That Act explicitly
    declared that the new part was enacted as an exercise of Congressional
    rulemaking powers (sec. 108; 109 Stat. 63-64).

    [[Page 964]]

    their time, and the Member initiating the point of order has the right
    to close debate (Mar. 28, 1996, p. ----). A point of order under section
    426 against consideration of a resolution providing a special order of
    business that waives section 425 or self-executes the adoption of an
    amendment must be made when the special order is called up and comes
    too late after the resolution has been adopted (July 18, 1996, p. ----).
      Pursuant to section 426, a Member raising a point of order under
    section 425 must specify the precise language upon which the point of
    order is based (May 23, 1996, p. ----). Debate on the point of order is
    on the question of considering the underlying text that is the subject
    of the point of order. The Members controlling debate on the point of
    order may reserve

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508)
    established a new title VI which placed temporary limits on
    discretionary spending and provided mechanisms for enforcement which
    included those found in title III of the Congressional Budget Act, which
    was extended by the Omnibus Budget Reconciliation Act of 1993 (tit. XIV,
    P.L. 103-66). Title VI was repealed by the Budget Enforcement Act of
    1997 (sec. 10118, P.L. 105-33). For the text of title VI, see the House
    Rules and Manual for the 104th Congress (H. Doc. 103-342).

    * * * * *

                    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.

    [[Page 965]]

    House of Representatives or the Senate or any joint committee of the Congress.

    * * * * *

      (c) Nothing in this section shall preclude studies to improve the
    budgetary process by any other committee of the

    * * * * *

               TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES

                          exercise of rulemaking powers

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

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

            Representatives and the Senate, respectively, and as such they

            shall be considered as part of the rules of each House,

            respectively, or of that House to which they specifically apply,

            and such rules shall supersede other rules only to the extent

            that they are inconsistent therewith; and

              (2) with full recognition of the constitutional right of

            either House to change such rules (so far as relating to such

            House) at any time, in the same manner, and to the same extent

            as in the case of any other rule of such House.

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

      (c) Waivers.--

              (1) Permanent.--Sections 305(b)(2), 305(c)(4), 306, 310(d)(2),

            313, 904(c), and 904(d) of this Act may be waived or suspended

            in the Senate only by the affirmative vote of three-fifths of

            the Members, duly chosen and sworn.

              (2) Temporary.--Sections 301(i), 302(c), 302(f), 310(g),

            311(a), 312(b), and 312(c) of this Act and sections

            258(a)(4)(C), 258A(b)(3)(C)(I), 258B(f)(1), 258B(h)(1),

            258(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and

            Emergency Deficit Control Act of 1985 may be waived or suspended

            in the Senate only by the affirmative vote of three-fifths of

            the Members, duly chosen and sworn.

    [[Page 966]]

      (d) Appeals.--

              (1) Procedure.--Appeals in the Senate from the decisions of

            the Chair relating to any provision of title III or IV or

            section 1017 shall, except as otherwise provided therein, be

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

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

            resolution, reconciliation bill, or rescission bill, as the case

            may be.

              (2) Permanent.--An affirmative vote of three-fifths of the

            Members, duly chosen and sworn, shall be required in the Senate

            to sustain an appeal of the ruling of the Chair on a point of

            order raised under sections 305(b)(2), 305(c)(4), 306,

            310(d)(2), 313, 904(c), and 904(d) of this Act.

              (3) Temporary.--An affirmative vote of three-fifths of the

            Members, duly chosen and sworn, shall be required in the Senate

            to sustain an appeal of the ruling of the Chair on a point of

            order raised under sections 301(i), 302(c), 302(f), 310(g),

            311(a), 312(b), and 312(c) of this Act and sections

            258(a)(4)(C), 258A(b)(3)(C)(I), 258B(f)(1), 258B(h)(1),

            258(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget and

            Emergency Deficit Control Act of 1985.

      (e) Expiration of Certain Supermajority Voting Requirements.--
    Subsections (c)(2) and (d)(3) shall expire on September 30, 2002.

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 967-996]
    [DOCID:hrmanual-118]

    [[Page 967]]

      Section 904 was amended by the Budget Enforcement Act of 1997 (sec.
    10119, P.L. 105-33) to clarify points of order in the Senate that may be
    waived by a supermajority vote. Pursuant to this section, and under its
    authority contained in clause 4(b) of rule XI to report on rules and the
    order of business, the Committee on Rules may report as privileged a
    resolution recommending the temporary waiver of the provisions of
    section 401 of the Congressional Budget Act during the consideration of
    designated legislation in the House (Speaker Albert, Mar. 20, 1975, p.
    7676). A point of order against consideration of a resolution reported
    from the Committee on Rules providing for consideration of a concurrent
    resolution on the budget does not lie based upon alleged violation of a
    statute which merely reaffirms the Congressional commitment towards
    achieving balanced Federal budgets (P.L. 96-389), since the statute does
    not constitute a rule of the House and since section 904 of the Budget
    Act acknowledges the Constitutional authority of either House to change
    its rules at any time (June 10, 1982, pp. 13352-53). A unanimous-consent
    agreement which only permits a (nonprivileged) bill to be considered in
    the House prior to three-day availability of the report thereon, but
    which does not specifically waive points of order against consideration,
    does not preclude a point of order against consideration of the bill
    when called up based upon an alleged violation of the Budget Act (Feb.
    4, 1982, p. 845).

                BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT

     excerpts from the balanced budget and emergency deficit control act of
                                   __________

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

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

    * * * * *

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

              (1) The terms ``budget authority'', ``new budget authority'',

            ``outlays'', and ``deficit'' have the meanings given to such

            terms in section 3 of the Congressional Budget and Impoundment

            Control Act of 1974 and ``discretionary spending limit'' shall

            mean the amounts specified in section 251 of this Act.

              (2) The terms ``sequester'' and ``sequestration'' refer to or

            mean the cancellation of budgetary resources provided by

            discretionary appropriations or direct spending law.

              (3) The term ``breach'' means, for any fiscal year, the amount

            (if any) by which new budget authority or outlays for that year

            (within a category of discretionary appropriations) is above

            that category's discretionary spending limit for new budget

            authority or outlays for that year, as the case may be.

              (4) The term ``category'' means the subsets of discretionary

            appropriations in section 251(c). Discretionary appropriations

            in each of the categories shall be those designated in the joint

            explanatory statement accompanying the conference report on the

            Balanced Budget Act of 1997. New accounts or activities shall be

    [[Page 968]]

            cat-

            egorized only after consultation with the committees on

            appropriations and the Budget of the House of Representatives

            and the Senate and that consultation shall, to the extent

            practicable, include written communication to such committees

            that affords such committees the opportunity to comment before

            official action is taken with respect to new accounts or

            activities.

              (5) The term ``baseline'' means the projection (described in

            section 257) of current-year levels of new budget authority,

            outlays, receipts, and the surplus or deficit into the budget

            year and the outyears.

              (6) The term ``budgetary resources'' means new budget

            authority, unobligated balances, direct spending authority, and

            obligation limitations.

              (7) The term ``discretionary appropriations'' means budgetary

            resources (except to fund direct-spending programs) provided in

            appropriation Acts.

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

                      (A) budget authority provided by law other than

                    appropriation Acts;

                      (B) entitlement authority; and

                      (C) the food stamp program.

              (9) The term ``current'' means, with respect to OMB estimates

            included with a budget submission under section 1105(a) of title

            31, United States Code, the estimates consistent with the

            economic and technical assumptions underlying that budget and

            with respect to estimates made after that budget submission that

            are not included with it, estimates consistent with the economic

            and technical assumptions underlying the most recently submitted

            President's budget.

              (10) The term ``real economic growth'', with respect to any

            fiscal year, means the growth in the gross national product

            during such fiscal year, adjusted for inflation, consistent with

            Department of Commerce definitions.

              (11) The term ``account'' means an item for which

            appropriations are made in any appropriation Act and, for items

            not provided for in appropriation Acts, such term means an item

            for which there is a designated budget account identification

            code number in the President's budget.

              (12) The term ``budget year'' means, with respect to a session

    [[Page 969]]

            of Congress, the fiscal year of the Govern-

            ment that starts on October 1 of the calendar year in which that

            session begins.

              (13) The term ``current year'' means, with respect to a budget

            year, the fiscal year that immediately precedes that budget

            year.

              (14) The term ``outyear'' means, with respect to a budget

            year, any of the first 4 fiscal years that follow the budget

            year.

              (15) The term ``OMB'' means the Director of the Office of

            Management and Budget.

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

            Budget Office.

              (17) As used in this part, all references to entitlement

            authority shall include the list of mandatory appropriations

            included in the joint explanatory statement of managers

            accompanying the conference report on the Balanced Budget Act of

            1997.

              (18) The term ``deposit insurance'' refers to the expenses the

            Federal deposit insurance agencies, and other Federal agencies

            supervising insured depository institutions, resulting from full

            funding of, and continuation of, the deposit insurance guarantee

            commitment in effect under current estimates.

              (19) The term ``asset sale'' means the sale to the public of

            any asset (except for those assets covered by title V of the

            Congressional Budget Act of 1974), whether physical or

            financial, owned in whole or in part by the United States.

    SEC. 251. ENFORCING DISCRETIONARY SPENDING LIMITS.

      Several definitions were amended by the Budget Enforcement Act of 1997
    (sec. 10202, P.L. 105-33).

      (a) Enforcement.--

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

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

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

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

            any category.

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

            category shall be reduced by a dollar amount calculated by

            multiplying the baseline level of sequestrable budgetary

            resources in that account at that time by the uniform percentage

            necessary to eliminate a breach within that category; except

    [[Page 970]]

            that the health programs set forth in section 256(e) shall

            not be reduced by more than 2 percent and the uniform percent

            applicable to all other programs under this paragraph shall be

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

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

            for both new budget authority and outlays are breached, the

            uniform percentage shall be calculated by--

                      (A) first, calculating the uniform percentage

                    necessary to eliminate the breach in new budget

                    authority, and

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

                    increasing the uniform percentage to a level sufficient

                    to eliminate that breach.

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

            to exempt any military personnel from sequestration under

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

            (other than those military personnel accounts for which the

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

            shall be further reduced by a dollar amount calculated by

            multiplying the enacted level of non-exempt budgetary resources

            in that account at that time by the uniform percentage necessary

            to offset the total dollar amount by which outlays are not

            reduced in military personnel accounts by reason of the use of

            such authority.

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

            paragraph (1), there is in effect an Act making or continuing

            appropriations for part of a fiscal year for any budget account,

            then the dollar sequestration calculated for that account under

            paragraphs (2) and (3) shall be subtracted from--

                      (A) the annualized amount otherwise available by law

                    in that account under that or a subsequent part-year

                    appropriation; and

                      (B) when a full-year appropriation for that account is

                    enacted, from the amount otherwise provided by the full-

                    year appropriation.

              (5) Look-back.--If, after June 30, an appropriation for the

            fiscal year in progress is enacted that causes a breach within a

            category for that year (after taking into account any

            sequestration of amounts within that category), the

            discretionary spending limits for that category for the next

            fiscal year shall be reduced by the amount or amounts of that

            breach.

              (6) Within-session sequestration.--If an appropriation for a

    [[Page 971]]

            fiscal year in progress is enacted (after

            Congress adjourns to end the session for that budget year and

            before July 1 of that fiscal year) that causes a breach within a

            category for that year (after taking into account any prior

            sequestration of amounts within that category), 15 days later

            there shall be a sequestration to eliminate that breach within

            that category following the procedures set forth in paragraphs

            (2) through (4).

              (7) Estimates.--

                      (A) CBO estimates.--As soon as practicable after

                    Congress completes action on any discretionary

                    appropriation, CBO, after consultation with the

                    Committees on the Budget of the House of Representatives

                    and the Senate, shall provide OMB with an estimate of

                    the amount of discretionary new budget authority and

                    outlays for the current year (if any) and the budget

                    year provided by that legislation.

                      (B) OMB estimates and explanation of differences.--Not

                    later than 7 calendar days (excluding Saturdays,

                    Sundays, and legal holidays) after the date of enactment

                    of any discretionary appropriation, OMB shall transmit a

                    report to the House of Representatives and to the Senate

                    containing the CBO estimate of that legislation, an OMB

                    estimate of the amount of discretionary new budget

                    authority and outlays for the current year (if any) and

                    the budget year provided by that legislation, and an

                    explanation of any difference between the 2 estimates.

                    If during the preparation of the report OMB determines

                    that there is a significant difference between OMB and

                    CBO, OMB shall consult with the Committees on the Budget

                    of the House of Representatives and the Senate regarding

                    that difference and that consultation shall include, to

                    extent practicable, written communication to those

                    committees that affords such committees the opportunity

                    to comment before the issuance of the report.

                      (C) Assumptions and guidelines.--OMB estimates under

                    this paragraph shall be made using current economic and

                    technical assumptions. OMB shall use the OMB estimates

                    transmitted to the Congress under this paragraph. OMB

                    and CBO shall prepare estimates under this paragraph in

    [[Page 972]]

                    conformance with scorekeeping guide-

                    lines determined after consultation among the House and

                    Senate Committees on the Budget, CBO, and OMB.

                      (D) Annual appropriations.--For purposes of this

                    paragraph, amounts provided by annual appropriations

                    shall include any new budget authority and outlays for

                    the current year (if any) and the budget year in

                    accounts for which funding is provided in that

                    legislation that result from previously enacted

                    legislation.

      (b) Adjustments to Discretionary Spending Limits.--

              (1) Preview Report.--When the President submits the budget

            under section 1105 of title 31, United States Code, OMB shall

            calculate and the budget shall include adjustments to

            discretionary spending limits (and those limits as cumulatively

            adjusted) for the budget year and each outyear to reflect

            changes in concepts and definitions. Such changes shall equal

            the baseline levels of new budget authority and outlays using

            up-to-date concepts and definitions minus those levels using the

            concepts and definitions in effect before such changes. Such

            changes may only be made after consultation with the committees

            on Appropriations and the Budget of the House of Representatives

            and the Senate and that consultation shall include written

            communication to such committees that affords such committees

            the opportunity to comment before official action is taken with

            respect to such changes.

              (2) Sequestration reports.--When OMB submits a sequestration

            report under section 254(e), (f), or (g) for a fiscal year, OMB

            shall calculate, and the sequestration report and subsequent

            budgets submitted by the President under section 1105(a) of

            title 31, United States Code, shall include adjustments to

            discretionary spending limits (and those limits as adjusted) for

            the fiscal year and each succeeding year through 2002, as

            follows:

                      (A) Emergency appropriations.--If, for any fiscal

                    year, appropriations for discretionary accounts are

                    enacted that the President designates as emergency

                    requirements and that the Congress so designates in

                    statute, the adjustment shall be the total of such

                    appropriations in discretionary accounts designated as

    [[Page 973]]

                    emergency re-

                    quirements and the outlays flowing in all fiscal years

                    from such appropriations. This subparagraph shall not

                    apply to appropriations to cover agricultural crop

                    disaster assistance.

                      (B) Special outlay allowance.--If, in any fiscal year,

                    outlays for a category exceed the discretionary spending

                    limit for that category but new budget authority does

                    not exceed its limit for that category (after

                    application of the first step of a sequestration

                    described in subsection (a)(2), if necessary), the

                    adjustment in outlays for a fiscal year is the amount of

                    the excess but not to exceed 0.5 percent of the sum of

                    the adjusted discretionary spending limits on outlays

                    for that fiscal year.

                      (C) Continuing disability reviews.--(i) If a bill or

                    joint resolution making appropriations for a fiscal year

                    is enacted that specifies an amount for continuing

                    disability reviews under the heading ``Limitation on

                    Administrative Expenses'' for the Social Security

                    Administration, the adjustments for that fiscal year

                    shall be the additional new budget authority provided in

                    that Act for such reviews for that fiscal year and the

                    additional outlays flowing from such amounts, but shall

                    not exceed--

                            (I) for fiscal year 1998, $290,000,000 in

                        additional new budget authority and $338,000,000 in

                        additional outlays;

                            (II) for fiscal year 1999, $520,000,000 in

                        additional new budget authority and $520,000,000 in

                        additional outlays;

                            (III) for fiscal year 2200, $520,000,000 in

                        additional new budget authority and $520,000,000 in

                        additional outlays;

                            (IV) for fiscal year 2001, $520,000,000 in

                        additional new budget authority and $520,000,000 in

                        additional outlays; and

                            (V) for fiscal year 2002, $520,000,000 in

                        additional new budget authority and $520,000,000 in

                        additional outlays.

                      (ii) As used in this subparagraph--

                            (I) the term ``continuing disability reviews''

                        means reviews or redeterminations as defined under

                        section 201(g)(1)(A) of the Social Security Act and

                        reviews and redeterminations authorized under

    [[Page 974]]

                        section 211 of the Personal Respon-

                        sibility and Work Opportunity Reconciliation Act

                        of 1996;

                            (II) the term ``additional new budget

                        authority'' means the amount provided for a fiscal

                        year, in excess of $200,000,000, in an

                        appropriations Act and specified to pay for the

                        costs of continuing disability reviews under the

                        heading ``Limitation on Administrative Expenses''

                        for the Social Security Administration; and

                            (III) the term ``additional outlays'' means

                        outlays, in excess of $200,000,000 in a fiscal year,

                        flowing from the amounts specified for continuing

                        disability reviews under the heading ``Limitation on

                        Administrative Expenses'' for the Social Security

                        Administration, including outlays in that fiscal

                        year flowing from amounts specified in Acts enacted

                        for prior fiscal years (but not before 1996).

                      (D) Allowance for imf.--If an appropriation bill or

                    joint resolution is enacted for a fiscal year through

                    2002 that includes an appropriation with respect to

                    clause (i) or (ii), the adjustment shall be the amount

                    of budget authority in the measure that is the dollar

                    equivalent of the Special Drawing Rights with respect

                    to--

                            (i) an increase in the United States quota as

                        part of the International Monetary Fund Eleventh

                        General Review of Quotas (United States Quota); or

                            (ii) any increase in the maximum amount

                        available to the Secretary of the Treasury pursuant

                        to section 17 of the Bretton Woods Agreements Act,

                        as amended from time to time (New Arrangements to

                        Borrow).

                      (E) Allowance for international arrearages.--

                            (i) Adjustments.--If an appropriation bill or

                        joint resolution is enacted for fiscal year 1998,

                        1999, or 2000 that includes an appropriation for

                        arrearages for international organizations,

                        international peacekeeping, and multilateral

                        development banks for that fiscal year, the

                        adjustment shall be the amount of budget authority

                        in that measure and the outlays flowing in all

    [[Page 975]]

                        fiscal years from that budget authority.

                            (ii) Limitations.--The total amount of

                        adjustments made pursuant to this subparagraph for

                        the period of fiscal years 1998 through 2000 shall

                        not exceed $1,884,000,000 in budget authority.

                      (F) EITC compliance initiative.--If an appropriation

                    bill or joint resolution is enacted for a fiscal year

                    that includes an appropriation for an earned income tax

                    credit compliance initiative, the adjustment shall be

                    the amount of budget authority in that measure for that

                    initiative and the outlays flowing in all fiscal years

                    from that budget authority, but not to exceed--

                            (i) with respect to fiscal year 1998,

                        $138,000,000 in new budget authority and

                        $131,000,000 in outlays;

                            (ii) with respect to fiscal year 1999,

                        $143,000,000 in new budget authority and

                        $143,000,000 in outlays;

                            (iii) with respect to fiscal year 2000,

                        $144,000,000 in new budget authority and

                        $144,000,000 in outlays;

                            (iv) with respect to fiscal year 2001,

                        $145,000,000 in new budget authority and

                        $145,000,000 in outlays; and

                            (v) with respect to fiscal year 2002,

                        $146,000,000 in new budget authority and

                        $146,000,000 in outlays.

      (c) Discretionary Spending Limit.--As used in this part, the term
    ``discretionary spending limit'' means--

              (1) with respect to fiscal year 1997, for the discretionary

            category, the current adjusted limits of new budget authority

            and outlays;

              (2) with respect to fiscal year 1998--

                      (A) for the defense category: $269,000,000,000 in new

                    budget authority and $266,823,000,000 in outlays;

                      (B) for the nondefense category: $252,357,000,000 in

                    new budget authority and $282,853,000,000 in outlays;

                    and

                      (C) for the violent crime reduction category:

                    $5,500,000,000 in new budget authority and

                    $3,592,000,000 in outlays;

    [[Page 976]]

              (3) with respect to fiscal year 1999--

                      (A) for the defense category: $271,500,000,000 in new

                    budget authority and $266,518,000,000 in outlays;

                      (B) for the nondefense category: $255,699,000,000 in

                    new budget authority and $287,850,000,000 in outlays;

                    and

                      (C) for the violent crime reduction category:

                    $5,800,000,000 in new budget authority and

                    $4,953,000,000 in outlays;

              (4) with respect to fiscal year 2000--

                      (A) for the discretionary category: $532,693,000,000

                    in new budget authority and $558,711,000,000 in outlays;

                    and

                      (B) for the violent crime reduction category:

                    $4,500,000,000 in new budget authority and

                    $5,554,000,000 in outlays;

              (5) with respect to fiscal year 2001, for the discretionary

            category: $542,032,000,000 in new budget authority and

            $564,396,000,000 in outlays; and

              (6) with respect to fiscal year 2002, for the discretionary

            category: $551,074,000,000 in new budget authority and

            $560,799,000,000 in outlays;
    as adjusted in strict conformance with subsection (b).

    SEC. 252. ENFORCING PAY-AS-YOU-GO.

      Section 251 was significantly rewritten by the Budget Enforcement Act
    of 1997 (sec. 10203, P.L. 105-33) to extend discretionary spending
    limits and sequestration enforcement. The amendment also imposed
    separate spending limits for defense, nondefense, and violent crime
    reduction, rendering section 251A unnecessary and was therefore repealed
    (Budget Enforcement Act of 1997 (sec. 10204, P.L. 105-33).

      (a) Purpose.--The purpose of this section is to assure that any
    legislation enacted before October 1, 2002, affecting direct spending or
    receipts that increases the deficit will trigger an offsetting
    sequestration.

      (b) Sequestration.--

              (1) Timing.--Not later than 15 calendar days after the date

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

            sequestration (if any) under section 251 or 253, there shall be

            a sequestration to offset the amount of any net deficit increase

            caused by all direct spending and receipts legislation enacted

            before October 1, 2002, as calculated under paragraph (2).

              (2) Calculation of deficit increase.--OMB shall calculate the

    [[Page 977]]

            amount of deficit increase or decrease by adding--

                      (A) all OMB estimates for the budget year of direct

                    spending and receipts legislation transmitted under

                    subsection (d);

                      (B) the estimated amount of savings in direct spending

                    programs applicable to budget year resulting from the

                    prior year's sequestration under this section or section

                    253, if any, as published in OMB's final sequestration

                    report for that prior year; and

                      (C) any net deficit increase or decrease in the

                    current year resulting from all OMB estimates for the

                    current year of direct spending and receipts legislation

                    transmitted under subsection (d) that were not reflected

                    in the final OMB sequestration report for the current

                    year.

      (c) Eliminating a Deficit Increase.--(1) The amount required to be
    sequestered in a fiscal year under subsection (b) shall be obtained from
    non-exempt direct spending accounts from actions taken in the following
    order:

              (A) First.--All reductions in automatic spending increases

            specified in section 256(a) shall be made.

              (B) Second.--If additional reductions in direct spending

            accounts are required to be made, the maximum reductions

            permissible under sections 256(b) (guaranteed and direct student

            loans) and 256(c) (foster care and adoption assistance) shall be

            made.

              (C) Third.--(i) If additional reductions in direct spending

            accounts are required to be made, each remaining non-exempt

            direct spending account shall be reduced by the uniform

            percentage necessary to make the reductions in direct spending

            required by paragraph (1); except that the medicare programs

            specified in section 256(d) shall not be reduced by more than 4

            percent and the uniform percentage applicable to all other

            direct spending programs under this paragraph shall be increased

            (if necessary) to a level sufficient to achieve the required

            reduction in direct spending.

              (ii) For purposes of determining reductions under clause (i),

            outlay reductions (as a result of sequestration of Commodity

            Credit Corporation commodity price support contracts in the

            fiscal year of a sequestration) that would occur in the

            following fiscal year shall be credited as outlay reductions in

    [[Page 978]]

            the fiscal year of the sequestration.

      (2) For purposes of this subsection, accounts shall be assumed to be
    at the level in the baseline.

      (d) Estimates.--

              (1) CBO estimates.--As soon as practicable after Congress

            completes action on any direct spending or receipts legislation,

            CBO shall provide an estimate to OMB of that legislation.

              (2) OMB estimates.--Not later than 7 calendar days (excluding

            Saturdays, Sundays, and legal holidays) after the date of

            enactment of any direct spending or receipts legislation, OMB

            shall transmit a report to the House of Representatives and to

            the Senate containing--

                      (A) the CBO estimate of that legislation;

                      (B) an OMB estimate of that legislation using current

                    economic and technical assumptions; and

                      (C) an explanation of any difference between the 2

                    estimates.

              (3) Significant differences.--If during the preparation of the

            report under paragraph (2) OMB determines that there is a

            significant difference between the OMB and CBO estimates, OMB

            shall consult with the Committees on the Budget of the House of

            Representatives and the Senate regarding that difference and

            that consultation, to the extent practicable, shall include

            written communication to such committees that affords such

            committees the opportunity to comment before the issuance of

            that report.

              (4) Scope of estimates.--The estimates under this section

            shall include the amount of change in outlays or receipts for

            the current year (if applicable), the budget year, and each

            outyear excluding any amounts resulting from--

                      (A) full funding of, and continuation of, the deposit

                    insurance guarantee commitment in effect under current

                    estimates; and

                      (B) emergency provisions as designated under

                    subsection (e).

              (5) Scorekeeping guidelines.--OMB and CBO, after consultation

            with each other and the Committees on the Budget of the House of

            Representatives and the Senate, shall--

                      (A) determine common scorekeeping guidelines; and

                      (B) in conformance with such guidelines, prepare

    [[Page 979]]

                    estimates under this section.

      (e) Emergency Legislation.--If a provision of direct spending or
    receipts legislation is enacted that the President designates as an
    emergency requirement and that the Congress so designates in statute,
    the amounts of new budget authority, outlays, and receipts in all fiscal
    years resulting from that provision shall be designated as an emergency
    requirement in the reports required under subsection (d). This
    subsection shall not apply to direct spending provisions to cover
    agricultural crop disaster assistance.

    SEC. 253. ENFORCING DEFICIT TARGETS.

      Section 252 was significantly rewritten by the Budget Enforcement Act
    of 1997 (sec. 10205, P.L. 105-33).

      (a) Sequestration.--Within 15 calendar days after Congress adjourns to
    end a session (other than of the One Hundred First Congress) and on the
    same day as a sequestration (if any) under section 251 and section 252,
    but after any sequestration required by section 251 (enforcing
    discretionary spending limits) or section 252 (enforcing pay-as-you-go),
    there shall be a sequestration to eliminate the excess deficit (if any
    remains) if it exceeds the margin.

      (b) Excess Deficit; Margin.--The excess deficit is, if greater than
    zero, the estimated deficit for the budget year, minus--

              (1) the maximum deficit amount for that year;

              (2) the amounts for that year designated as emergency direct

            spending or receipts legislation under section 252(e); and

              (3) for any fiscal year in which there is not a full

            adjustment for technical and economic reestimates, the deposit

            insurance reestimate for that year, if any, calculated under

            subsection (h).
    The ``margin'' for fiscal year 1992 or 1993 is zero and for fiscal year
    1994 or 1995 is $15,000,000,000.

      (c) Dividing the Sequestration.--To eliminate the excess deficit in a
    budget year, half of the required outlay reductions shall be obtained
    from non-exempt defense accounts (accounts designated as function 050 in
    the President's fiscal year 1991 budget submission) and half from non-
    exempt, non-defense accounts (all other non-exempt accounts).

    [[Page 980]]

    count at that time by the uniform percentage necessary to carry out
    subsection (c), except that, if any military personnel are exempt,
    adjustments shall be made under the procedure set forth in section
    251(a)(3).

      (d) Defense.--Each non-exempt defense account shall be reduced by a
    dollar amount calculated by multiplying the level of sequestrable
    budgetary resources in that ac-

      (e) Non-Defense.--Actions to reduce non-defense accounts shall be
    taken in the following order:

              (1) First.--All reductions in automatic spending increases

            under section 256(a) shall be made.

              (2) Second.--If additional reductions in non-defense accounts

            are required to be made, the maximum reduction permissible under

            sections 256(b) (guaranteed student loans) and 256(c) (foster

            care and adoption assistance) shall be made.

              (3) Third.--(A) If additional reductions in non-defense

            accounts are required to be made, each remaining non-exempt,

            non-defense account shall be reduced by the uniform percentage

            necessary to make the reductions in non-defense outlays required

            by subsection (c), except that--

                      (i) the medicare program specified in section 256(d)

                    shall not be reduced by more than 2 percent in total

                    including any reduction of less than 2 percent made

                    under section 252 or, if it has been reduced by 2

                    percent or more under section 252, it may not be further

                    reduced under this section; and

                      (ii) the health programs set forth in section 256(e)

                    shall not be reduced by more than 2 percent in total

                    (including any reduction made under section 251),

            and the uniform percent applicable to all other programs under

            this subsection shall be increased (if necessary) to a level

            sufficient to achieve the required reduction in non-defense

            outlays.

              (B) For purposes of determining reductions under subparagraph

            (A), outlay reduction (as a result of sequestration of Commodity

            Credit Corporation commodity price support contracts in the

            fiscal year of a sequestration) that would occur in the

            following fiscal year shall be credited as outlay reductions in

            the fiscal year of the sequestration.

    [[Page 981]]

      (f) Baseline Assumptions; Part-year Appropriations.--(1) Budget
    assumptions.--For purposes of subsections (b), (c), (d), and (e),
    accounts shall be assumed to be at the level in the baseline minus any
    reductions required to be made under sections 251 and 252.

      (2) Part-year appropriations.--If, on the date specified in subsection
    (a), there is in effect an Act making or continuing appropriations for
    part of a fiscal year for any non-exempt budget account, then the dollar
    sequestration calculated for that account under subsection (d) or (e),
    as applicable, shall be subtracted from--

              (A) the annualized amount otherwise available by law in that

            account under that or a subsequent part-year appropriation; and

              (B) when a full-year appropriation for that account is

            enacted, from the amount otherwise provided by the full-year

            appropriation; except that the amount to be sequestered from

            that account shall be reduced (but not below zero) by the

            savings achieved by that appropriation when the enacted amount

            is less than the baseline for that account.

      (g) Adjustments to Maximum Deficit Amounts.--(1) Adjustments.--

              (A) When the President submits the budget for fiscal year

            1992, the maximum deficit amounts for fiscal years 1992, 1993,

            1994, and 1995 shall be adjusted to reflect up-to-date

            reestimates of economic and technical assumptions and any

            changes in concepts or definitions. When the President submits

            the budget for fiscal year 1993, the maximum deficit amounts for

            fiscal years 1993, 1994, and 1995 shall be further adjusted to

            reflect up-to-date reestimates of economic and technical

            assumptions and any changes in concepts or definitions.

              (B) When submitting the budget for fiscal year 1994, the

            President may choose to adjust the maximum deficit amounts for

            fiscal years 1994 and 1995 to reflect up-to-date reestimates for

            economic and technical assumptions. If the President chooses to

            adjust the maximum deficit amount when submitting the fiscal

            year 1994 budget, the President may choose to invoke the same

            adjustment procedure when submitting the budget for fiscal year

            1995. In each case, the President must choose between making no

            adjustment or the full adjustment described in paragraph (2). If

            the President chooses to make that full adjustment, then those

            procedures for adjusting discretionary spending limits described

            in sections 251(b)(1)(C) and 251(b)(2)(E), otherwise applicable

    [[Page 982]]

            through fiscal year 1993 or 1994 (as the case may be),

            shall be deemed to apply for fiscal year 1994 (and 1995 if

            applicable).

              (C) When the budget for fiscal year 1994 or 1995 is submitted

            and the sequestration reports for those years under section 254

            are made (as applicable), if the President does not choose to

            make the adjustments set forth in subparagraph (B), the maximum

            deficit amount for that fiscal year shall be adjusted by the

            amount of the adjustment to discretionary spending limits first

            applicable for that year (if any) under section 251(b).

              (D) For each fiscal year the adjustments required to be made

            with the submission of the President's budget for that year

            shall also be made when OMB submits the sequestration update

            report and the final sequestration report for that year, but OMB

            shall continue to use the economic and technical assumptions in

            the President's budget for that year.
    Each adjustment shall be made by increasing or decreasing the maximum
    deficit amounts set forth in section 601 of the Congressional Budget Act
    of 1974.

      (2) Calculations of adjustments.--The required increase or decrease
    shall be calculated as follows:

              (A) The baseline deficit or surplus shall be calculated using

            up-to-date economic and technical assumptions, using up-to-date

            concepts and definitions, and, in lieu of the baseline levels of

            discretionary appropriations, using the discretionary spending

            limits set forth in section 601 of the Congressional Budget Act

            of 1974 as adjusted under section 251.

              (B) The net deficit increase or decrease caused by all direct

            spending and receipts legislation enacted after the date of

            enactment of this section (after adjusting for any sequestration

            of direct spending accounts) shall be calculated for each fiscal

            year by adding--

                      (i) the estimates of direct spending and receipts

                    legislation transmitted under section 252(d) applicable

                    to each such fiscal year; and

                      (ii) the estimated amount of savings in direct

                    spending programs applicable to each such fiscal year

                    resulting from the prior year's sequestration under this

                    section or section 252 of direct spending, if any, as

                    contained in OMB's final sequestration report for that

    [[Page 983]]

                    year.

              (C) The amount calculated under subparagraph (B) shall be

            subtracted from the amount calculated under subparagraph (A).

              (D) The maximum deficit amount set forth in section 601 of the

            Congressional Budget Act of 1974 shall be subtracted from the

            amount calculated under subparagraph (C).

              (E) The amount calculated under subparagraph (D) shall be the

            amount of the adjustment required by paragraph (1).

      (h) Treatment of Deposit Insurance.--(1) Initial estimates.--The
    initial estimates of the net costs of federal deposit insurance for
    fiscal year 1994 and fiscal year 1995 (assuming full funding of, and
    continuation of, the deposit insurance guarantee commitment in effect on
    the date of the submission of the budget for fiscal year 1993) shall be
    set forth in that budget.

    SEC. 254. REPORTS AND ORDERS.

    * * * * *

      (2) Reestimates.--For fiscal year 1994 and fiscal year 1995, the
    amount of the reestimate of deposit insurance costs shall be calculated
    by subtracting the amount set forth under paragraph (1) for that year
    from the current estimate of deposit insurance costs (but assuming full
    funding of, and continuation of, the deposit insurance guarantee
    commitment in effect on the date of submission of the budget for fiscal
    year 1993).

      (i) Low-Growth Report.--At any time, CBO shall notify the Congress
    if--

              (1) during the period consisting of the quarter during which

            such notification is given, the quarter preceding such

            notification and the 4 quarters following such notification, CBO

            or OMB has determined that real economic growth is projected or

            estimated to be less than zero with respect to each of any 2

            consecutive quarters within such period; or

              (2) the most recent of the Department of Commerce's advance

            preliminary or final reports of actual real economic growth

            indicate that the rate of real economic growth for each of the

            most recently reported quarter and the immediately preceding

            quarter is less than one percent.

    [[Page 984]]

    section, the Majority Leader of the Senate introduced pursuant to
    section 258, infra, a joint resolution suspending certain budget
    enforcement laws (S. J. Res. 44, Jan. 23, 1991, p. 2128).

    * * * * *

    SEC. 258. SUSPENSION IN THE EVENT OF WAR OR LOW GROWTH.

      This paragraph was redesignated by the Budget Enforcement Act of 1997
    (sec. 10206, P.L. 105-33). In response to a ``low-growth report'' under
    this

      (a) Procedures in the Event of a Low-Growth Report.--

              (1) Trigger.--Whenever CBO issues a low-growth report under

            section 254(j), the Majority Leader of the House of

            Representatives may, and the Majority Leader of the Senate

            shall, introduce a joint resolution (in the form set forth in

            paragraph (2)) declaring that the conditions specified in

            section 254(j) are met and suspending the relevant provisions of

            this title, titles III and VI of the Congressional Budget Act of

            1974, and section 1103 of title 31, United States Code.

              (2) Form of joint resolution.--

                      (A) The matter after the resolving clause in any joint

                    resolution introduced pursuant to paragraph (1) shall be

                    as follows: ``That the Congress declares that the

                    conditions specified in section 254(j) of the Balanced

                    Budget and Emergency Deficit Control Act of 1985 are

                    met, and the implementation of the Congressional Budget

                    and Impoundment Control Act of 1974, chapter 11 of title

                    31, United States Code, and part C of the Balanced

                    Budget and Emergency Deficit Control Act of 1985 are

                    modified as described in section 258(b) of the Balanced

                    Budget and Emergency Deficit Control Act of 1985.''.

                      (B) The title of the joint resolution shall be ``Joint

                    resolution suspending certain provisions of law pursuant

                    to section 258(a)(2) of the Balanced Budget and

                    Emergency Deficit Control Act of 1985.''; and the joint

                    resolution shall not contain any preamble.

              (3) Committee action.--Each joint resolution introduced

            pursuant to paragraph (1) shall be referred to the appropriate

            committees of the House of Representatives or the Committee on

            the Budget of the Senate, as the case may be; and such Committee

            shall report the joint resolution to its House without amendment

            on or before the fifth day on which such House is in session

    [[Page 985]]

            after the date on which the joint

            resolution is introduced. If the Committee fails to report the

            joint resolution within the five-day period referred to in the

            preceding sentence, it shall be automatically discharged from

            further consideration of the joint resolution, and the joint

            resolution shall be placed on the appropriate calendar.

              (4) Consideration of joint resolution.--(A) A vote on final

            passage of a joint resolution reported to the Senate or

            discharged pursuant to paragraph (3) shall be taken on or before

            the close of the fifth calendar day of session after the date on

            which the joint resolution is reported or after the Committee

            has been discharged from further consideration of the joint

            resolution. If prior to the passage by one House of a joint

            resolution of that House, that House receives the same joint

            resolution from the other House, then--

                      (i) the procedure in that House shall be the same as

                    if no such joint resolution had been received from the

                    other House, but

                      (ii) the vote on final passage shall be on the joint

                    resolution of the other House.

            When the joint resolution is agreed to, the Clerk of the House

            of Representatives (in the case of a House joint resolution

            agreed to in the House of Representatives) or the Secretary of

            the Senate (in the case of a Senate joint resolution agreed to

            in the Senate) shall cause the joint resolution to be engrossed,

            certified, and transmitted to the other House of the Congress as

            soon as practicable.

              (B)(i) In the Senate, a joint resolution under this paragraph

            shall be privileged. It shall not be in order to move to

            reconsider the vote by which the motion is agreed to or

            disagreed to.

              (ii) Debate in the Senate on a joint resolution under this

            paragraph, and all debatable motions and appeals in connection

            therewith, shall be limited to not more than five hours. The

            time shall be equally divided between, and controlled by, the

            majority leader and the minority leader or their designees.

              (iii) Debate in the Senate on any debatable motion or appeal

            in connection with a joint resolution under this paragraph shall

            be limited to not more than one hour, to be equally divided

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

            joint resolution, except that in the event the manager of the

    [[Page 986]]

            joint resolution is in favor of any such motion or appeal, the

            time in opposition thereto shall be controlled by the minority

            leader or his designee.

              (iv) A motion in the Senate to further limit debate on a joint

            resolution under this paragraph is not debatable. A motion to

            table or to recommit a joint resolution under this paragraph is

            not in order.

              (C) No amendment to a joint resolution considered under this

            paragraph shall be in order in the Senate.

      (b) Suspension of Sequestration Procedures.--Upon the enactment of a
    declaration of war or a joint resolution described in subsection (a)--

              (1) the subsequent issuance of any sequestration report or any

            sequestration order is precluded;

              (2) sections 302(f), 310(d), 311(a), and title VI of the

            Congressional Budget Act of 1974 are suspended; and

              (3) section 1103 of title 31, United States Code, is

            suspended.

      (c) Restoration of Sequestration Procedures.--(1) In the event of a
    suspension of sequestration procedures due to a declaration of war,
    then, effective with the first fiscal year that begins in the session
    after the state of war is concluded by Senate ratification of the
    necessary treaties, the provisions of subsection (b) triggered by that
    declaration of war are no longer effective.

    SEC. 258A. MODIFICATION OF PRESIDENTIAL ORDER.

      (2) In the event of a suspension of sequestration procedures due to
    the enactment of a joint resolution described in subsection (a), then,
    effective with regard to the first fiscal year beginning at least 12
    months after the enactment of that resolution, the provisions of
    subsection (b) triggered by that resolution are no longer effective.

    [[Page 987]]

      (a) Introduction of Joint Resolution.--At any time after the Director
    of OMB issues a final sequestration report under section 254 for a
    fiscal year, but before the close of the twentieth calendar day of the
    session of Congress beginning after the date of issuance of such report,
    the majority leader of either House of Congress may introduce a joint
    resolution which contains provisions directing the President to modify
    the most recent order issued under section 254 or provide an alternative
    to reduce the deficit for such fiscal year. After the introduction of
    the first such joint resolution in either House of Congress in any
    calendar year, then no other joint resolution introduced in such House
    in such calendar year shall be subject to the procedures set forth in
    this section.

      (b) Procedures for Consideration of Joint Resolutions.--

              (1) Referral to committee.--A joint resolution introduced in

            the Senate under subsection (a) shall not be referred to a

            committee of the Senate and shall be placed on the calendar

            pending disposition of such joint resolution in accordance with

            this subsection.

              (2) Consideration in the senate.--On or after the third

            calendar day (excluding Saturdays, Sundays, and legal holidays)

            beginning after a joint resolution is introduced under

            subsection (a), notwithstanding any rule or precedent of the

            Senate, including Rule XXII of the Standing Rules of the Senate,

            it is in order (even though a previous motion to the same effect

            has been disagreed to) for any Member of the Senate to move to

            proceed to the consideration of the joint resolution. The motion

            is not in order after the eighth calendar day (excluding

            Saturdays, Sundays, and legal holidays) beginning after a joint

            resolution (to which the motion applies) is introduced. The

            joint resolution is privileged in the Senate. A motion to

            reconsider the vote by which the motion is agreed to or

            disagreed to shall not be in order. If a motion to proceed to

            the consideration of the joint resolution is agreed to, the

            Senate shall immediately proceed to consideration of the joint

            resolution without intervening motion, order, or other business,

            and the joint resolution shall remain the unfinished business of

            the Senate until disposed of.

              (3) Debate in the senate.--(A) In the Senate, debate on a

            joint resolution introduced under subsection (a), amendments

            thereto, and all debatable motions and appeals in connection

            therewith shall be limited to not more than 10 hours, which

            shall be divided equally between the majority leader and the

            minority leader (or their designees).

              (B) A motion to postpone, or a motion to proceed to the

            consideration of other business is not in order. A motion to

            reconsider the vote by which the joint resolution is agreed to

            or disagreed to is not in order, and a motion to recommit the

            joint resolution is not in order.

              (C)(i) No amendment that is not germane to the provisions of

            the joint resolution or to the order issued under section 254

            shall be in order in the Senate. In the Senate, an amendment,

    [[Page 988]]

            any amendment to an

            amendment, or any debatable motion or appeal is debatable for

            not to exceed 30 minutes to be equally divided between, and

            controlled by, the mover and the majority leader (or their

            designees), except that in the event that the majority leader

            favors the amendment, motion, or appeal, the minority leader

            (or the minority leader's designee) shall control the time in

            opposition to the amendment, motion, or appeal.

              (ii) In the Senate, an amendment that is otherwise in order

            shall be in order notwithstanding the fact that it amends the

            joint resolution in more than one place or amends language

            previously amended. It shall not be in order in the Senate to

            vote on the question of agreeing to such a joint resolution or

            any amendment thereto unless the figures then contained in such

            joint resolution or amendment are mathematically consistent.

              (4) Vote on final passage.--Immediately following the

            conclusion of the debate on a joint resolution introduced under

            subsection (a), a single quorum call at the conclusion of the

            debate if requested in accordance with the rules of the Senate,

            and the disposition of any pending amendments under paragraph

            (3), the vote on final passage of the joint resolution shall

            occur.

              (5) Appeals.--Appeals from the decisions of the Chair shall be

            decided without debate.

              (6) Conference reports.--In the Senate, points of order under

            titles III, IV, and VI of the Congressional Budget Act of 1974

            are applicable to a conference report on the joint resolution or

            any amendments in disagreement thereto.

              (7) Resolution from other house.--If, before the passage by

            the Senate of a joint resolution of the Senate introduced under

            subsection (a), the Senate receives from the House of

            Representatives a joint resolution introduced under subsection

            (a), then the following procedures shall apply:

              (A) The joint resolution of the House of Representatives shall

            not be referred to a committee and shall be placed on the

            calendar.

              (B) With respect to a joint resolution introduced under

            subsection (a) in the Senate--

                      (i) the procedure in the Senate shall be the same as

                    if no joint resolution had been received from the House;

    [[Page 989]]

                    but

                      (ii)(I) the vote on final passage shall be on the

                    joint resolution of the House if it is identical to the

                    joint resolution then pending for passage in the Senate;

                    or

                      (II) if the joint resolution from the House is not

                    identical to the joint resolution then pending for

                    passage in the Senate and the Senate then passes the

                    Senate joint resolution, the Senate shall be considered

                    to have passed the House joint resolution as amended by

                    the text of the Senate joint resolution.

              (C) Upon disposition of the joint resolution received from the

            House, it shall no longer be in order to consider the resolution

            originated in the Senate.

              (8) Senate action on house resolution.--If the Senate receives

            from the House of Representatives a joint resolution introduced

            under subsection (a) after the Senate has disposed of a Senate

            originated resolution which is identical to the House passed

            joint resolution, the action of the Senate with regard to the

            disposition of the Senate originated joint resolution shall be

            deemed to be the action of the Senate with regard to the House

            originated joint resolution. If it is not identical to the House

            passed joint resolution, then the Senate shall be considered to

            have passed the joint resolution of the House as amended by the

    SEC. 258B. FLEXIBILITY AMONG DEFENSE PROGRAMS, PROJECTS, AND ACTIVITIES.

            text of the Senate joint resolution.

    [[Page 990]]

    account outlay rates that are identical to those used in the report by
    the Director of OMB under section 254.

      (a) Subject to subsections (b), (c), and (d), new budget authority and
    unobligated balances for any programs, projects, or activities within
    major functional category 050 (other than a military personnel account)
    may be further reduced beyond the amount specified in an order issued by
    the President under section 254 for such fiscal year. To the extent such
    additional reductions are made and result in additional outlay
    reductions, the President may provide for lesser reductions in new
    budget authority and unobligated balances for other programs, projects,
    or activities within major functional category 050 for such fiscal year,
    but only to the extent that the resulting outlay increases do not exceed
    the additional outlay reductions, and no such program, project, or
    activity may be increased above the level actually made available by law
    in appropriation Acts (before taking sequestration into account). In
    making calculations under this subsection, the President shall use

      (b) No actions taken by the President under subsection (a) for a
    fiscal year may result in a domestic base closure or realignment that
    would otherwise be subject to section 2687 of title 10, United States
    Code.

      (c) The President may not exercise the authority provided by this
    paragraph for a fiscal year unless--

              (1) the President submits a single report to Congress

            specifying, for each account, the detailed changes proposed to

            be made for such fiscal year pursuant to this section;

              (2) that report is submitted within 5 calendar days of the

            start of the next session of Congress; and

              (3) a joint resolution affirming or modifying the changes

            proposed by the President pursuant to this paragraph becomes

            law.

      (d) Within 5 calendar days of session after the President submits a
    report to Congress under subsection (c)(1) for a fiscal year, the
    majority leader of each House of Congress shall (by request) introduce a
    joint resolution which contains provisions affirming the changes
    proposed by the President pursuant to this paragraph.

      (e)(1) The matter after the resolving clause in any joint resolution
    introduced pursuant to subsection (d) shall be as follows: ``That the
    report of the President as submitted on [Insert Date] under section 258B
    is hereby approved.''.

      (2) The title of the joint resolution shall be ``Joint resolution
    approving the report of the President submitted under section 258B of
    the Balanced Budget and Emergency Deficit Control Act of 1985.''.

      (3) Such joint resolution shall not contain any preamble.

    [[Page 991]]

    ment shall be considered to be relevant if it relates to function 050
    (national defense).
      (f)(1) A joint resolution introduced in the Senate under subsection
    (d) shall be referred to the Committee on Appropriations, and if not
    reported within 5 calendar days (excluding Saturdays, Sundays, and legal
    holidays) from the date of introduction shall be considered as having
    been discharged therefrom and shall be placed on the appropriate
    calendar pending disposition of such joint resolution in accordance with
    this subsection. In the Senate, no amendment proposed in the Committee
    on Appropriations shall be in order other than an amendment (in the
    nature of a substitute) that is germane or relevant to the provisions of
    the joint resolution or to the order issued under section 254. For
    purposes of this paragraph, an amend-

      (2) On or after the third calendar day (excluding Saturdays, Sundays,
    and legal holidays) beginning after a joint resolution is placed on the
    Senate calendar, notwithstanding any rule or precedent of the Senate,
    including Rule XXII of the Standing Rules of the Senate, it is in order
    (even though a previous motion to the same effect has been disagreed to)
    for any Member of the Senate to move to proceed to the consideration of
    the joint resolution. The motion is not in order after the eighth
    calendar day (excluding Saturdays, Sundays, and legal holidays)
    beginning after such joint resolution is placed on the appropriate
    calendar. The motion is not debatable. The joint resolution is
    privileged in the Senate. A motion to reconsider the vote by which the
    motion is agreed to or disagreed to shall not be in order. If a motion
    to proceed to the consideration of the joint resolution is agreed to,
    the Senate shall immediately proceed to consideration of the joint
    resolution without intervening motion, order, or other business, and the
    joint resolution shall remain the unfinished business of the Senate
    until disposed of.

      (g)(1) In the Senate, debate on a joint resolution introduced under
    subsection (d), amendments thereto, and all debatable motions and
    appeals in connection therewith shall be limited to not more than 10
    hours, which shall be divided equally between the majority leader and
    the minority leader (or their designees).

      (2) A motion to postpone, or a motion to proceed to the consideration
    of other business is not in order. A motion to reconsider the vote by
    which the joint resolution is agreed to or disagreed to is not in order.
    In the Senate, a motion to recommit the joint resolution is not in
    order.

    [[Page 992]]

    ignee) shall control the time in opposition to the amendment, motion, or
    appeal.
      (h)(1) No amendment that is not germane or relevant to the provisions
    of the joint resolution or to the order issued under section 254 shall
    be in order in the Senate. For purposes of this paragraph, an amendment
    shall be considered to be relevant if it relates to function 050
    (national defense). In the Senate, an amendment, any amendment to an
    amendment, or any debatable motion or appeal is debatable for not to
    exceed 30 minutes to be equally divided between, and controlled by, the
    mover and the majority leader (or their designees), except that in the
    event that the majority leader favors the amendment, motion, or appeal,
    the minority leader (or the minority leader's des-

      (2) In the Senate, an amendment that is otherwise in order shall be in
    order notwithstanding the fact that it amends the joint resolution in
    more than one place or amends language previously amended, so long as
    the amendment makes or maintains mathematical consistency. It shall not
    be in order in the Senate to vote on the question of agreeing to such a
    joint resolution or any amendment thereto unless the figures then
    contained in such joint resolution or amendment are mathematically
    consistent.

      (3) It shall not be in order in the Senate to consider any amendment
    to any joint resolution introduced under subsection (d) or any
    conference report thereon if such amendment or conference report would
    have the effect of decreasing any specific budget outlay reductions
    below the level of such outlay reductions provided in such joint
    resolution unless such amendment or conference report makes a reduction
    in other specific budget outlays at least equivalent to any increase in
    outlays provided by such amendment or conference report.

      (4) For purposes of the application of paragraph (3), the level of
    outlays and specific budget outlay reductions provided in an amendment
    shall be determined on the basis of estimates made by the Committee on
    the Budget of the Senate.

      (i) Immediately following the conclusion of the debate on a joint
    resolution introduced under subsection (d), a single quorum call at the
    conclusion of the debate if requested in accordance with the rules of
    the Senate, and the disposition of any pending amendments under
    subsection (h), the vote on final passage of the joint resolution shall
    occur.

      (j) Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate to the procedure relating to a
    joint resolution described in subsection (d) shall be decided without
    debate.

      (k) In the Senate, points of order under titles III and IV of the
    Congressional Budget Act of 1974 (including points of order under
    sections 302(c), 303(a), 306, and 401(b)(1)) are applicable to a
    conference report on the joint resolution or any amendments in
    disagreement thereto.

    [[Page 993]]

    resolution introduced under subsection (d), then the following procedures
    shall apply:
      (l) If, before the passage by the Senate of a joint resolution of the
    Senate introduced under subsection (d), the Senate receives from the
    House of Representatives a joint

              (1) The joint resolution of the House of Representatives shall

            not be referred to a committee.

              (2) With respect to a joint resolution introduced under

            subsection (d) in the Senate--

                      (A) the procedure in the Senate shall be the same as

                    if no joint resolution had been received from the House;

                    but

                      (B)(i) the vote on final passage shall be on the joint

                    resolution of the House if it is identical to the joint

                    resolution then pending for passage in the Senate; or

                      (ii) if the joint resolution from the House is not

                    identical to the joint resolution then pending for

                    passage in the Senate and the Senate then passes the

                    Senate joint resolution, the Senate shall be considered

                    to have passed the House joint resolution as amended by

                    the text of the Senate joint resolution.

              (3) Upon disposition of the joint resolution received from the

            House, it shall no longer be in order to consider the joint

            resolution originated in the Senate.

    SEC. 258C. SPECIAL RECONCILIATION PROCESS.

      (m) If the Senate receives from the House of Representatives a joint
    resolution introduced under subsection (d) after the Senate has disposed
    of a Senate originated joint resolution which is identical to the House
    passed joint resolution, the action of the Senate with regard to the
    disposition of the Senate originated joint resolution shall be deemed to
    be the action of the Senate with regard to the House originated joint
    resolution. If it is not identical to the House passed joint resolution,
    then the Senate shall be considered to have passed the joint resolution
    of the House as amended by the text of the Senate joint resolution.

    [[Page 994]]

    spect to alternatives to the order envisioned by such report insofar as
    such order affects laws within the jurisdiction of the committee.
      (a) Reporting of Resolutions and Reconciliation Bills and Resolutions,
    in the Senate.--(1) Committee alternatives to presidential order.--After
    the submission of an OMB sequestration update report under section 254
    that envisions a sequestration under section 252 or 253, each standing
    committee of the Senate may, not later than October 10, submit to the
    Committee on the Budget of the Senate information of the type described
    in section 301(d) of the Congressional Budget Act of 1974 with re-

      (2) Initial budget committee action.--After the submission of such a
    report, the Committee on the Budget of the Senate may, not later than
    October 15, report to the Senate a resolution. The resolution may affirm
    the impact of the order envisioned by such report, in whole or in part.
    To the extent that any part is not affirmed, the resolution shall state
    which parts are not affirmed and shall contain instructions to
    committees of the Senate of the type referred to in section 310(a) of
    the Congressional Budget Act of 1974, sufficient to achieve at least the
    total level of deficit reduction contained in those sections which are
    not affirmed.

      (3) Response of committees.--Committees instructed pursuant to
    paragraph (2), or affected thereby, shall submit their responses to the
    Budget Committee no later than 10 days after the resolution referred to
    in paragraph (2) is agreed to, except that if only one such Committee is
    so instructed such Committee shall, by the same date, report to the
    Senate a reconciliation bill or reconciliation resolution containing its
    recommendations in response to such instructions. A committee shall be
    considered to have complied with all instructions to it pursuant to a
    resolution adopted under paragraph (2) if it has made recommendations
    with respect to matters within its jurisdiction which would result in a
    reduction in the deficit at least equal to the total reduction directed
    by such instructions.

    [[Page 995]]

      (4) Budget committee action.--Upon receipt of the recommendations
    received in response to a resolution referred to in paragraph (2), the
    Budget Committee shall report to the Senate a reconciliation bill or
    reconciliation resolution, or both, carrying out all such
    recommendations without any substantive revisions. In the event that a
    committee instructed in a resolution referred to in paragraph (2) fails
    to submit any recommendation (or, when only one committee is instructed,
    fails to report a reconciliation bill or resolution) in response to such
    instructions, the Budget Committee shall include in the reconciliation
    bill or reconciliation resolution reported pursuant to this subparagraph
    legislative language within the jurisdiction of the noncomplying
    committee to achieve the amount of deficit reduction directed in such
    instructions.

      (5) Point of order.--It shall not be in order in the Senate to
    consider any reconciliation bill or reconciliation resolution reported
    under paragraph (4) with respect to a fiscal year, any amendment
    thereto, or any conference report thereon if--

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

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

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

            recommended in such conference report,
    would cause the amount of the deficit for such fiscal year to exceed the
    maximum deficit amount for such fiscal year, unless the low-growth
    report submitted under section 254 projects negative real economic
    growth for such fiscal year, or for each of any two consecutive quarters
    during such fiscal year.

      (6) Treatment of certain amendments.--In the Senate, an amendment
    which adds to a resolution reported under paragraph (2) an instruction
    of the type referred to in such paragraph shall be in order during the
    consideration of such resolution if such amendment would be in order but
    for the fact that it would be held to be non-germane on the basis that
    the instruction constitutes new matter.

      (7) Definition.--For purposes of paragraphs (1), (2), and (3), the
    term ``day'' shall mean any calendar day on which the Senate is in
    session.

      (b) Procedures.--(1) In general.--Except as provided in paragraph (2),
    in the Senate the provisions of sections 305 and 310 of the
    Congressional Budget Act of 1974 for the consideration of concurrent
    resolutions on the budget and conference reports thereon shall also
    apply to the consideration of resolutions, and reconciliation bills and
    reconciliation resolutions reported under this paragraph and conference
    reports thereon.

      (2) Limit on debate.--Debate in the Senate on any resolution reported
    pursuant to subsection (a)(2), and all amendments thereto and debatable
    motions and appeals in connection therewith, shall be limited to 10
    hours.

      (3) Limitation on amendments.--Section 310(d)(2) of the Congressional
    Budget Act shall apply to reconciliation bills and reconciliation
    resolutions reported under this subsection.

    [[Page 996]]

    the House, which is a companion to a reconciliation bill or reconciliation
    resolution of the Senate for the purposes of this subsection, shall be
    considered in the Senate pursuant to the provisions of this subsection.
      (4) Bills and resolutions received from the house.--Any bill or
    resolution received in the Senate from

      (5) Definition.--For purposes of this subsection, the term
    ``resolution'' means a simple, joint, or concurrent resolution.

    * * * * *

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 997-1000]
    [DOCID:hrmanual-119]

    [[Page 997]]

      Sections 258, 258A, 258B, and 258C provide for reporting and
    consideration in the Senate but not in the House, where special rules
    might be adopted for the purpose.

                         BUDGET ENFORCEMENT ACT OF 1990

                                   __________

    In addition to adding titles V and VI to the Congressional Budget Act of
    1974 (relating to credit reform and to budget agreement enforcement,
    respectively), the Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-
    508) also included these free-standing provisions addressing the
    budgetary treatment of social security.

                    excerpts from title xiii of p.l. 101-508

    SEC. 13301. OFF-BUDGET STATUS OF OASDI TRUST FUNDS.

                           subtitle c--social security

      (a) Exclusion of Social Security From All Budgets.--Notwithstanding
    any other provision of law, the receipts and disbursements of the
    Federal Old-Age and Survivors Insurance Trust Fund and the Federal
    Disability Insurance Trust Fund shall not be counted as new budget
    authority, outlays, receipts, or deficit or surplus for purposes of--

              (1) the budget of the United States Government as submitted by

            the President,

              (2) the congressional budget, or

              (3) the Balanced Budget and Emergency Deficit Control Act of

    * * * * *

    SEC. 13302. PROTECTION OF OASDI TRUST FUNDS IN THE HOUSE OF
            1985.

            REPRESENTATIVES.

      (a) In General.--It shall not be in order in the House of
    Representatives to consider any bill or joint resolution, as reported,
    or any amendment thereto or conference report thereon, if, upon
    enactment--

              (1)(A) such legislation under consideration would provide for

            a net increase in OASDI benefits of at least 0.02 percent of the

            present value of future taxable payroll for the 75-year period

    [[Page 998]]

            utilized in the most

            recent annual report of the Board of

            Trustees provided pursuant to section 201(c)(2) of the Social

            Security Act, and (B) such legislation under consideration does

            not provide at least a net increase, for such 75-year period, in

            OASDI taxes of the amount by which the net increase in such

            benefits exceeds 0.02 percent of the present value of future

            taxable payroll for such 75-year period,

              (2)(A) such legislation under consideration would provide for

            a net increase in OASDI benefits (for the 5-year estimating

            period for such legislation under consideration), (B) such net

            increase, together with the net increases in OASDI benefits

            resulting from previous legislation enacted during that fiscal

            year or any of the previous 4 fiscal years (as estimated at the

            time of enactment) which are attributable to those portions of

            the 5-year estimating periods for such previous legislation that

            fall within the 5-year estimating period for such legislation

            under consideration, exceeds $250,000,000, and (C) such

            legislation under consideration does not provide at least a net

            increase, for the 5-year estimating period for such legislation

            under consideration, in OASDI taxes which, together with net

            increases in OASDI taxes resulting from such previous

            legislation which are attributable to those portions of the 5-

            year estimating periods for such previous legislation that fall

            within the 5-year estimating period for such legislation under

            consideration, equals the amount by which the net increase

            derived under subparagraph (B) exceeds $250,000,000;

              (3)(A) such legislation under consideration would provide for

            a net decrease in OASDI taxes of at least 0.02 percent of the

            present value of future taxable payroll for the 75-year period

            utilized in the most recent annual report of the Board of

            Trustees provided pursuant to section 201(c)(2) of the Social

            Security Act, and (B) such legislation under consideration does

            not provide at least a net decrease, for such 75-year period, in

            OASDI benefits of the amount by which the net decrease in such

            taxes exceeds 0.02 percent of the present value of future

            taxable payroll for such 75-year period, or

              (4)(A) such legislation under consideration would provide for

            a net decrease in OASDI taxes (for the 5-year estimating period

    [[Page 999]]

            for such legislation under con-

            sideration), (B) such net

            decrease, together with the net decreases in OASDI taxes

            resulting from previous legislation enacted during that fiscal

            year or any of the previous 4 fiscal years (as estimated at the

            time of enactment) which are attributable to those portions of

            the 5-year estimating periods for such previous legislation that

            fall within the 5-year estimating period for such legislation

            under consideration, exceeds $250,000,000, and (C) such

            legislation under consideration does not provide at least a net

            decrease, for the 5-year estimating period for such legislation

            under consideration, in OASDI benefits which, together with net

            decreases in OASDI benefits resulting from such previous

            legislation which are attributable to those portions of the 5-

            year estimating periods for such previous legislation that fall

            within the 5-year estimating period for such legislation under

            consideration, equals the amount by which the net decrease

            derived under subparagraph (B) exceeds $250,000,000.

      (b) Application.--In applying paragraph (3) or (4) of subsection (a),
    any provision of any bill or joint resolution, as reported, or any
    amendment thereto, or conference report thereon, the effect of which is
    to provide for a net decrease for any period in taxes described in
    subsection (c)(2)(A) shall be disregarded if such bill, joint
    resolution, amendment, or conference report also includes a provision
    the effect of which is to provide for a net increase of at least an
    equivalent amount for such period in medicare taxes.

      (c) Definitions.--For purposes of this subsection:

              (1) The term ``OASDI benefits'' means the benefits under the

            old-age, survivors, and disability insurance programs under

            title II of the Social Security Act.

              (2) The term ``OASDI taxes'' means--

                      (A) the taxes imposed under sections 1401(a), 3101(a),

                    and 3111(a) of the Internal Revenue Code of 1986, and

                      (B) the taxes imposed under chapter 1 of such Code (to

                    the extent attributable to section 86 of such Code).

              (3) The term ``medicare taxes'' means the taxes imposed under

            sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue

            Code of 1986.

              (4) The term ``previous legislation'' shall not include

    [[Page 1000]]

            legislation enacted before fiscal year 1991.

              (5) The term ``5-year estimating period'' means, with respect

            to any legislation, the fiscal year in which such legislation

            becomes or would become effective and the next 4 fiscal years.

              (6) No provision of any bill or resolution, or any amendment

            thereto or conference report thereon, involving a change in

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

            as affecting the amount of OASDI taxes referred to in paragraph

            (2)(B) unless such provision changes the income tax treatment of

    * * * * *

            OASDI benefits.