    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
    [109th Congress]
    [House Document 108-241]
    [Congressional Disapproval Provisions Contained in Public Laws]
    [Pages 1053-1060]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 1053]]

                         BUDGET ENFORCEMENT ACT OF 1990

                                   __________

    In addition to adding titles V and VI to the Congressional Budget Act of
    1974 (relating to credit reform and to budget agreement enforcement,
    respectively), the Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-
    508) also included these free-standing provisions addressing the
    budgetary treatment of social security.

                    excerpts from title xiii of p.l. 101-508

    SEC. 13301. OFF-BUDGET STATUS OF OASDI TRUST FUNDS.
                           Subtitle C--Social Security

      (a) Exclusion of Social Security From All Budgets.--Notwithstanding
    any other provision of law, the receipts and disbursements of the
    Federal Old-Age and Survivors Insurance Trust Fund and the Federal
    Disability Insurance Trust Fund shall not be counted as new budget
    authority, outlays, receipts, or deficit or surplus for purposes of--

              (1) the budget of the United States Government as submitted by

            the President,

              (2) the congressional budget, or

              (3) the Balanced Budget and Emergency Deficit Control Act of

            1985.
    * * * * *
    SEC. 13302. PROTECTION OF OASDI TRUST FUNDS IN THE HOUSE OF

            REPRESENTATIVES.

      (a) In General.--It shall not be in order in the House of
    Representatives to consider any bill or joint resolution, as reported,
    or any amendment thereto or conference report thereon, if, upon
    enactment--

              (1)(A) such legislation under consideration would provide for

            a net increase in OASDI benefits of at least 0.02 percent of the

            present value of future taxable payroll for the 75-year period

    [[Page 1054]]

            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 1055]]

            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 1056]]

            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.
    * * * * *

    [[Page 1057]]

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

      For a discussion of the Federal budget process, including the current
    vitality of the Balanced Budget and Emergency Deficit Control Act of
    1985 (Gramm-Rudman), which sets forth executive budget enforcement
    mechanisms, see House Practice, ch. 7.

                          ``CONGRESSIONAL DISAPPROVAL''

                              PROVISIONS CONTAINED

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

    [[Page 1059]]

                                 IN PUBLIC LAWS

        ``CONGRESSIONAL DISAPPROVAL'' PROVISIONS CONTAINED IN PUBLIC LAWS

    Sec. 1130.

      Congress has,  from time to time, passed laws
    reserving to itself an absolute or limited right of review by approval
    or disapproval of certain actions of the executive branch or of
    independent agencies. These laws, known as ``congressional disapproval''
    statutes, usually envision some form of congressional action falling
    into one of three general categories: (1) action by both Houses of
    Congress on a bill or joint resolution requiring presidential signature;
    (2) action by one or both Houses of Congress on a simple or concurrent
    resolution; and (3) action by a congressional committee. Although
    provisions in the first category remain viable, provisions in the latter
    two categories should be read in light of Immigration and Naturalization
    Service v. Chadha, 462 U.S. 919 (1983). In that case the Supreme Court
    held unconstitutional as in violation of the presentment clause of
    article I, section 7, and the doctrine of separation of powers the
    provisions of the Immigration and Nationality Act contemplating
    disapproval of a decision of the Attorney General to allow an otherwise
    deportable alien to remain in the United States by simple resolution of
    one House. That same year, the Supreme Court summarily affirmed several
    lower court decisions invalidating provisions contemplating disapproval
    of executive actions by methods described in both categories (2) and (3)
    above. 463 U.S. 1216 (1983). Since then, Congress has amended several
    ``congressional disapproval'' statutes to convert provisions requiring
    simple or concurrent resolutions to provisions requiring joint
    resolutions.

    [[Page 1060]]

    theless, because the House retains the constitutional right to change
    its rules at any time, the Committee on Rules may report a resolution
    varying the statutorily prescribed procedures for the House.
      Many ``congressional disapproval'' statutes prescribe special
    procedures for the House to follow when reviewing executive actions.
    These procedures, termed ``privileged procedures,'' technically are
    Rules of the House, enacted expressly or impliedly as an exercise of the
    House's rulemaking authority. At the beginning of each Congress, it is
    customary for the House to re-incorporate by reference in the resolution
    adopting its rules such ``congressional disapproval'' procedures as may
    exist in current law. Never

      Other ``congressional disapproval'' statutes prescribe no special
    procedures for the consideration of executive actions. As a result,
    those statutes contain no provisions that technically are rules of the
    House; and thus they are not carried in this Manual. For a recent
    listing of those statutes, see the House Rules and Manual for the 102d
    Congress (H. Doc. 101-256).

      Below is a compilation of the various provisions in ``congressional
    disapproval'' statutes setting forth ``privileged procedures'' to be
    followed by the House when considering executive actions, together with
    any annotations of decisions of the Chair interpreting those provisions.
    Although some annotations provide pertinent legislative history, this
    compilation does not endeavor to provide a comprehensive record of
    legislative history for every provision. Excerpts of the Balanced Budget
    and Emergency Deficit Control Act, formerly carried after the
    Congressional Budget Act, have been scaled down and moved to this
    segment of the Manual for quick reference to the legislative procedures
    therein. The primary enforcement mechanisms in the statute (such as
    sequestration) are no longer carried because they are not legislative
    procedures. However, sections 250, 251, and 252 operate in conjunction
    with procedural provisions in title III of the Congressional Budget Act
    of 1974, supra. Sections 258, 258A, 258B, and 258C primarily provide for
    reporting and consideration of legislation in the Senate; therefore,
    only portions of those sections are carried here. A more thorough
    understanding of the statutory scheme requires the full statutory text
    (see 2 U.S.C. 900).

                                                                   Sec. 1130