[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