    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 111th Congress]
    [111st Congress]
    [House Document 110-162]
    [Miscellaneous Provisions Of Congressional Budget Laws]
    [Pages 1013-1090]
    [From the U.S. Government Publishing Office, www.gpo.gov]

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

    [[Page 1011]]

                            CONGRESSIONAL BUDGET ACT

    ========================================================================
    [[Page 1013]]

                             BUDGET ENFORCEMENT ACT

                            CONGRESSIONAL BUDGET ACT

                                                                   Sec. 1127

    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 1014]]

                    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 1015]]

      (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 1016]]

      (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 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 the 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 annual bill making
    appropriations for the Department of Transportation 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:

    First Monday in February......................  President submits his
                     On or before:                   Action to be completed:

                                                     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 1017]]

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

                                                     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 1018]]

    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 1019]]

            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 former section 606
    (repealed by the Budget Enforcement Act of 1997 (sec. 10118, P.L. 105-
    33)), 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 1020]]

    cerning its section 302(b) allocation (now section 302(c)) and a
    direction that if a second concurrent resolution on the budget for
    fiscal year 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, 97th Cong.). 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 (section 311(b)
    contains a similar exception). The 1984 resolution also contained a new
    provision reserving specific amounts of budget authority and outlays for
    subsequent allocation to committees by the Budget Committee (H. Con.
    Res. 91, 98th Cong.; 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, 98th Cong.).
      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, 96th Cong.). Under rule XXVIII the
    final adoption of that concurrent resolution has the effect of
    triggering the automatic engrossment of a joint resolution setting the
    public debt limit (see Sec. 1104, 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, 97th Cong.). 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 con

      In 1986, the first concurrent resolution on the budget since the
    enactment of the Balanced Budget and Emergency Deficit Control Act of
    1985 (P.L. 99-177), the recommended deficit level for 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 chair
    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 1021]]

    stating that, for purposes of allocations and points of order under
    section 302, 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, 100th Cong.; H. Con. Res. 106, 101st Cong.).
    The concurrent resolution on the budget for fiscal years 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,
    101st Cong.). 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, 103d Cong.). 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, 104th Cong.).
      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, 100th Cong.). The concurrent resolutions on the budget for
    fiscal years 1989-1991 and for fiscal years 1990-1992, respectively,
    each contained a section

      Concurrent resolutions on the budget have included reconciliation
    instructions that contemplated reductions in revenues (e.g., H. Con.
    Res. 95, 109th Cong.), including one that contemplated two bills
    reducing revenues (H. Con. Res. 178, 104th Cong.).

      The concurrent resolutions on the budget for fiscal years 2000 and
    2001 included a point of order against consideration in the House or
    Senate of a concurrent resolution on the budget for the next fiscal
    year, or any amendment thereto or conference report thereon, that sets
    forth a deficit for any fiscal year (as determined by the Budget
    Committee) (sec. 201, H. Con. Res. 68, 106th Cong.; sec. 201, H. Con.
    Res. 290, 106th Cong.).

      The concurrent resolution on the budget for fiscal year 2001 also
    included points of order against consideration in the House of a
    reported bill or joint resolution, or any amendment thereto or
    conference report thereon: (1) that would cause a surplus for fiscal
    year 2001 to be less than the level established in the resolution; and
    (2) that, until January 1, 2001, contained a directed scorekeeping
    provision (secs. 202, 203, H. Con. Res. 290, 106th Cong.).

    [[Page 1022]]

    Cong., May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May
    19, 2004, p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4,
    2005, p. _; sec. 401, H. Con. Res. 95, 109th Cong.; sec. 206, S. Con.
    Res. 21, 110th Cong.; sec. 302, S. Con. Res. 70, 110th Cong.).
      Budget resolutions have established a point of order against a measure
    that would cause the total level of discretionary advance appropriations
    to exceed a set amount (secs. 202, 203, H. Con. Res. 290, 106th Cong.;
    sec. 201, H. Con. Res. 83, 107th Cong.; sec. 301, H. Con. Res. 353,
    107th Cong., deemed in place by H. Res. 428, 107th Cong., May 22, 2002,
    pp. 8675, 8676, and by sec. 3(a)(4), H. Res. 5, 108th Cong., Jan. 7,
    2003, p. 10; sec. 501, H. Con. Res. 95, 108th Cong.; sec. 401, S. Con.
    Res. 95, 108th

      Budget resolutions have provided that new budget authority, new
    entitlement authority, outlays, and receipts designated as an emergency
    in bills, joint resolutions, amendments, or conference reports are not
    cognizable under specified sections of titles III and IV of the Budget
    Act. The budget resolutions also have required to be included in a
    committee report, joint statement of managers, or the Congressional
    Record an explanation of how an emergency item meets certain criteria
    (sec. 502, H. Con. Res. 95, 108th Cong.; sec. 402, S. Con. Res. 95,
    108th Cong., May 19, 2004, deemed in place by H. Res. 649, 108th Cong.,
    May 19, 2004, p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4,
    2005, p. _; sec. 402, H. Con. Res. 95, 109th Cong.; sec. 204, S. Con.
    Res. 21, 110th Cong.; sec. 301, S. Con. Res. 70, 110th Cong.). The
    concurrent resolution on the budget for fiscal year 2005 also provided
    that new budget authority, new entitlement authority, and outlays
    contained in a supplemental appropriation bill for fiscal year 2005 for
    overseas contingency operations related to the war or terrorism were not
    cognizable under sections 302, 303 and 401 of the Budget Act (sec. 403,
    S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in place by H. Res.
    649, 108th Cong., May 19, 2004, p. _, and by sec. 3(a)(4), H. Res. 5,
    109th Cong., Jan. 4, 2005, p. _). Budget resolutions have also provided
    that new budget authority, outlays, or receipts resulting from
    appropriations for overseas deployments and related activities are not
    cognizable under titles III and IV of the Budget Act (sec. 207, S. Con.
    Res. 21, 110th Cong.; sec. 301, S. Con. Res. 70, 110th Cong.).

      The concurrent resolution on the budget for fiscal year 2006 included
    a provision permitting the chair of the Budget Committee to make
    adjustments to levels and allocations to conform to changes in concepts
    or definitions and a provision providing for a section 302(b)
    suballocation to the full Appropriations Committee for appropriations
    for the Legislative Branch (secs. 406, 410, H. Con. Res. 95, 109th
    Cong.).

    [[Page 1023]]

    amendment or amendments changing or striking out any such procedure or
    matter.

      (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

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

      Section 301(d) was amended by the Budget Enforcement Act of 1997 (sec.
    10105, P.L. 105-33) to permit 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

    [[Page 1024]]

            appropriate rep

            resentatives of Federal departments and agencies, the general

            public, and national organizations as the committee deems

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

            medium-term goals set forth in the report submitted by the

            members of the Joint Economic Committee under subsection (d) may

            be considered by the Committee on the Budget of each House as

            part of its consideration of such concurrent resolution, and its

            report may reflect its views thereon, including its views on how

            the estimates of revenues and levels of budget authority and

            outlays set forth in such concurrent resolution are designed to

            achieve any goals it is recommending.

              (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

                    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

    [[Page 1025]]

                    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

    [[Page 1026]]

            also proposes to alter the esti

            mates, amounts, and levels (as described in subsection (a)) set

            forth in such resolution in germane fashion in order to be

            consistent with the economic goals (as described in sections

            3(a)(2) and (4)(b) of the Employment Act of 1946) which such

            amendment proposes can be achieved by the year specified in such

            amendment.

      (g) Economic Assumptions.--

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

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

            amendment thereto, or any conference report thereon, that sets

            forth amounts and levels that are determined on the basis or

            more than one set of economic and technical assumptions.

              (2) The joint explanatory statement accompanying a conference

            report on a concurrent resolution on the budget shall set forth

            the common economic assumptions upon which such joint statement

            and conference report are based, or upon which any amendment

            contained in the joint explanatory statement to be proposed by

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

              (3) Subject to periodic reestimation based on changed economic

            conditions or technical estimates, determinations under titles

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

            based upon such common economic and technical assumptions.

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

    [[Page 1027]]

      (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.

      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) (which was amended by Public Law 100-119) and (h). It
    also added a former subsection (i), which precluded consideration of a
    concurrent resolution on the budget exceeding the pertinent maximum
    deficit amount absent a three-fifths vote. That point of order was
    amended by Public Law 100-119 and was eliminated by the Budget
    Enforcement Act of 1990 (tit. XIII, P.L. 101-508). 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 added by the Budget
    Enforcement Act of 1990 (tit. XIII, P.L. 101-508) and later expanded by
    the Budget Enforcement Act of 1997 (sec. 10105, P.L. 105-33).

      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, because 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

    [[Page 1028]]

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

            riod 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

            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

    [[Page 1029]]

            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.

      (b) Suballocations by Appropriations Committees.--As soon as
    practicable after a concurrent resolution on the budget is agreed to,
    the Committee on Appropriations of each House (after consulting with the
    Committee on Appropriations of the other House) shall suballocate each
    amount allocated to it for the budget year under subsection (a) 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.

      (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.

    [[Page 1030]]

      (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;

                      (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

    [[Page 1031]]

            current session (when added to rev

            enue 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

            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

    [[Page 1032]]

            allocations, functional levels, and

            budget aggregates contained in the most recently agreed to

            concurrent resolution on the budget.

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

      Clause 8 of rule XXI, adopted in the 110th Congress, provides that
    points of order under title III of the Budget Act apply to unreported
    measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5,
    2007)). Previously, a point of order under section 302(f) operated with
    respect to a bill or joint resolution in its reported state and thus did
    not lie against consideration of an unreported measure (Mar. 21, 1995,
    p. 8491). The budget resolution deemed in place for fiscal year 2005
    provided that, for purposes of titles II and III of the Budget Act, the
    term ``amendment'' or ``amendment thereto'' means an amendment offered
    or an amendment made in order as original text or considered as adopted
    by special order of the House (sec. 406, S. Con. Res. 95, 108th Cong.,
    May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May 19, 2004,
    p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. _.

    [[Page 1033]]

    had not reported section 302(b) suballocations (Jan. 8, 2003, p. 225;
    Jan. 28, 2003, p. 2009 (both sustained by tabling of appeal)).
      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 before the filing
    of a report from the Appropriations Committee 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). Where the House deemed the adoption
    of section 302(a) allocations for the 108th Congress (sec. 3, H. Res. 5,
    Jan. 7, 2003, p. 10), the Chair sustained a point of order under section
    302(c) against an amendment providing new budget authority where the
    Appropriations Committee

      By way of example, the Chair has held the following as providing new
    budget authority in excess of the relevant allocations under section
    302(a), as authoritatively estimated by the Budget Committee pursuant to
    section 312(a), in violation of section 302(f): (1) a motion to recommit
    a bill establishing a Medicare prescription drug benefit program with
    instructions to report forthwith an amendment in the nature of
    substitute containing a different program (sustained by tabling of
    appeal) (June 28, 2000, pp. 12736, 12751); (2) an amendment extending
    eligibility for Foster Care Maintenance Payments to a new class (Sept.
    14, 2005, p. _); (3) an amendment delaying the imposition of a monetary
    penalty resulting in a loss of offsetting receipts (July 18, 1991, p.
    18860).

      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. 12175). 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).

      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. 31517).

    [[Page 1034]]

    pursuant to section 312(a) to determine whether an amendment to a
    general appropriation bill provides new budget authority in excess of
    the relevant allocation under section 302(b) in violation of section
    302(f) (e.g., June 8, 2000, pp. 9942, 9943; June 12, 2000, pp. 10377,
    10378; Apr. 2, 2004, p. _).
      Where a limitation on funds in a general appropriation bill was
    estimated under former section 302(g) (current section 312(a)) 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; June 13, 2000, p. 10501). 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, and therefore in violation of section 302(f) (June
    26, 1996, p. 15563). An amendment proposing to strike from a general
    appropriation bill a rescission scored as negative budget authority was
    held to provide new budget authority in excess of the relevant
    allocation under section 302(b) (June 20, 2001, pp. 11248, 11249). The
    Chair relies on authoritative estimates from the Budget Committee

      For a point of order against the motion to rise and report an
    appropriation bill to the House where the bill, as proposed to be
    amended, exceeds an applicable allocation of new budget authority under
    section 302(b) of the Congressional Budget Act of 1974, and procedures
    in the Committee of the Whole in the event that the point of order is
    sustained, see Sec. 1044b, infra.

    [[Page 1035]]

      The 104th Congress authorized the chair of the Budget Committee 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. 467). The House has
    adopted resolutions to deem budget resolutions, or portions thereof, to
    be in place for temporary enforcement (H. Res. 231, July 24, 1985, p.
    20181; H. Res. 413, June 19, 1990, p. 14612; H. Res. 477, June 19, 1998,
    p. 12991; sec. 2(a), H. Res. 5, Jan. 6, 1999, p. 47; H. Res. 428, May
    22, 2002, pp. 8675, 8676; sec. 3(a)(4), H. Res. 5, Jan. 7, 2003, p. 10;
    H. Res. 649, May 19, 2004, p. _; sec. 3(a)(4), H. Res. 5, Jan. 4, 2005,
    p. _; sec. 2(a), H. Res. 818, May 18, 2006, p. _; sec. 511(a)(4), H.
    Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)). The budget
    resolution deemed adopted for fiscal year 2003 established a reserve
    fund in the House to support an extra allocation for propositions
    providing for specified increases in obligation levels for highway
    spending, with a special application of section 302(f) to enforce levels
    of outlays (as well as budget authority) in that area, and provided for
    a separate, exclusive section 302(a) allocation for medicare spending
    (on one-year and 10-year bases) (sec. 204, H. Con. Res. 353, 107th
    Cong., deemed in place by H. Res. 428, 107th Cong., May 22, 2002, pp.
    8675, 8676, and by sec. 3, H. Res. 5, 108th Cong., Jan. 7, 2003, p. 10).
    The special allocation for surface transportation was carried in the
    budget resolution for fiscal year 2004 (sec. 501, H. Con. Res. 95, 108th
    Cong.) and in the budget resolution deemed in place for fiscal year 2005
    (sec. 401, S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in place
    by H. Res. 649, 108th Cong., May 19, 2004, p. _, and by sec. 3(a)(4), H.
    Res. 5, 109th Cong., Jan. 4, 2005, p. _). Budget resolutions have
    established reserve funds in the House to support extra allocations for
    various propositions covering a broad range of subjects (e.g., secs.
    201-220, S. Con. Res. 70, 110th Cong.).

       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

            increasing or decreasing revenues in a fiscal year following 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

    [[Page 1036]]

            legislation making advance appropria

            tions 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, and 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
    eliminate references to ``new entitlement authority'' in the House and
    ``new credit authority.''

      Clause 8 of rule XXI, adopted in the 110th Congress, provides that
    points of order under title III of the Budget Act apply to unreported
    measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5,
    2007)). Previously, a point of order under section 303(a) operated with
    respect to a bill or joint resolution in its reported state and thus did
    not lie against consideration of an unreported measure (Mar. 21, 1995,
    p. 8491), although it did lie against consideration of an amendment to
    an unreported measure (July 24, 1998, p. 17278). The budget resolution
    deemed in place for fiscal year 2005 provided that, for purposes of
    titles II and III of the Budget Act, the term ``amendment'' or
    ``amendment thereto'' means an amendment offered or an amendment made in
    order as original text or considered as adopted by special order of the
    House (sec. 406, S. Con. Res. 95, 108th Cong., May 19, 2004, deemed in
    place by H. Res. 649, 108th Cong., May 19, 2004, p. _, and by sec.
    3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. _).

    [[Page 1037]]

    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), because 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 mere
    continuations of entitlement authority that became effective in fiscal
    year 1977 (for which a concurrent resolution had been adopted), and
    because 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, p. 34074). 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

      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, p. 25222).

      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 before the adoption of
    a concurrent resolution on the budget for that fiscal year (Mar. 26,
    1992, p. 7173). 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 before
    the adoption of a concurrent resolution on the budget for that fiscal
    year (Mar. 26, 1992, pp. 7184, 7186, 7227, 7231, 7236).

      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 before 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) by increasing revenues effective in the
    ensuing fiscal year, for which a budget resolution had yet to be adopted
    (July 23, 1985, p. 20041). An amendment striking a revenue provision in
    a pending unreported bill and proposing to insert an alternative revenue
    provision was held to violate section 303(a) (July 24, 1998, p. 17278).

    [[Page 1038]]

    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).
      The Budget Committee of the House 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

      In the 106th through 111th Congresses, the House adopted an order to
    enforce a 303(a) point of order against a reported bill or joint
    resolution considered under a special order of business on the basis of
    text made in order as original text (sec. 2(a)(3), H. Res. 5, Jan. 6,
    1999, p. 47; sec. 3(b)(2), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(2),
    H. Res. 5, Jan. 7, 2003, p. 10; sec. 3(a)(2), H. Res. 5, Jan. 4, 2005,
    p. _; sec. 511(a)(2), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5,
    2007); sec. 3(a)(2), H. Res. 5, Jan. 6, 2009, p. _).

      The House has adopted resolutions to deem budget resolutions, or
    portions thereof, to be in place for temporary enforcement (July 24,
    1985, p. 20181; June 19, 1990, p. 14612; June 19, 1998, p. 12991; sec.
    2(a)(1), H. Res. 5, Jan. 6, 1999, p. 47; May 22, 2002, pp. 8675, 8676;
    sec. 3(a)(4), H. Res. 5, Jan. 7, 2003, p. 10; May 19, 2004, p. _; sec.
    3(a)(4), H. Res. 5, Jan. 4, 2005, p. _; May 18, 2006, p. _; sec.
    511(a)(4), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)).

          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

            Representatives and has been referred to the appropriate

    [[Page 1039]]

            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

            considered as ordered on the resolution and any amendments

            thereto to final passage without intervening motion; except that

    [[Page 1040]]

            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 10)
    and the addition of a one-day availability requirement for any report
    thereon from the Rules Committee. 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 relating to Senate procedure was made in
    subparagraphs (3) and (4). 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 1041]]

    the chair of the Budget Committee 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 10 of
    rule XVIII (former clause 8 of rule XXVIII), 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, 12075). Clause 10 of rule XVIII (former clause
    8 of rule XXIII) was further amended in the 96th Congress (H. Res. 5,
    Jan. 15, 1979, pp. 7-16) to require that amendments to budget
    resolutions achieve mathematical consistency and contain all the matter
    set forth in subsections 301(a)(1) through (5). On one occasion,

      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. 4675).

      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).

      Although 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 8(d) of rule XXII (former clause 2 of rule XXVIII)
    (May 13, 1976, p. 13756; Sept. 16, 1976, p. 30182).

      A concurrent resolution on the budget providing for the production of
    three separate reconciliation bills, including a reconciliation bill
    that lowers revenues, is privileged in the Senate under section 305(b)
    (May 21, 1996, pp. 11937-41).

      In the 96th Congress, for the first time, the Rules Committee 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, p. 8789). 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 4 of rule XIII (former clause 2(l)(6) of rule XI, 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 to deem budget resolutions, or portions thereof, to be in
    place for temporary enforcement (July 24, 1985, p. 20181; June 19, 1990,
    p. 14612; June 19, 1998, p. 12991; sec. 2(a)(1), H. Res. 5, Jan. 6,
    1999, p. 47; May 22, 2002, pp. 8675, 8676; sec. 3(a)(4), H. Res. 5, Jan.
    7, 2003, p. 10; May 19, 2004, p. _; sec. 3(a)(4), H. Res. 5, 109th
    Cong., Jan. 4, 2005, p. _; May 18, 2006, p. _; sec. 511(a)(4), H. Res.
    6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)).

    [[Page 1042]]

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

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

            budget, and all amendments thereto and debatable motions and

            appeals in connection therewith, shall be limited to not more

            than 50 hours, except that with respect to any concurrent

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

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

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

            minority leader or their designees.

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

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

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

            manager of the concurrent resolution, and debate on any

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

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

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

            except that in the event the manager of the concurrent

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

            the time in opposition thereto shall be controlled by the

            minority leader or his designee. No amendment that is not

            germane to the provisions of such concurrent resolution shall be

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

            under their control on the passage of the concurrent resolution,

            allot additional time to any Senator during the consideration of

            any amendment, debatable motion, or appeal.

              (3) Following the presentation of opening statements on the

            concurrent resolution on the budget for a fiscal year by the

            chairman and ranking minority member of the Committee on the

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

            hours for debate on economic goals and policies.

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

            concurrent resolution on the budget reported by the Committee on

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

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

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

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

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

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

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

    [[Page 1043]]

            and levels in ger

            mane fashion in order to be consistent with the goals proposed

            in such amendment.

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

            motion to recommit (except a motion to recommit with

            instructions to report back within a specified number of days,

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

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

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

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

            concurrent resolution.

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

            amendments to a concurrent resolution on the budget proposed in

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

            of amendments proposes to change any figure or figures then

            contained in such concurrent resolution so as to make such

            concurrent resolution mathematically consistent or so as to

            maintain such consistency.

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

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

            report on any concurrent resolution on the budget (or a

            reconciliation bill or resolution) may be made even though a

            previous motion to the same effect has been disagreed to.

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

            report (or a message between Houses) on any concurrent

            resolution on the budget, and all amendments in disagreement,

            and all amendments thereto, and debatable motions and appeals in

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

            equally divided between, and controlled by, the majority leader

            and minority leader or their designees. Debate on any debatable

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

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

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

            the conference report (or a message between Houses).

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

            request for a new conference and the appointment of conferees

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

            controlled by, the manager of the conference report and the

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

    [[Page 1044]]

            to instruct the conferees before the conferees are named,

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

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

            manager of the conference report. Debate on any amendment to any

            such instructions shall be limited to 20 minutes, to be equally

            divided between and controlled by the mover and the manager of

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

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

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

            the minority leader or his designee.

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

    [[Page 1045]]

    the House adopted orders construing the term ``resolution'' as ``joint
    resolution'' (sec. 3(b), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(1),
    H. Res. 5, Jan. 7, 2003, p. 10; sec. 3(a)(1), H. Res. 5, Jan. 4, 2005,
    p. _; sec. 511(a)(1), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5,
    2007); sec. 3(a)(1), H. Res. 5, Jan. 6, 2009, p. _). The 104th and 105th
    Congresses expanded the legislative jurisdiction of the Budget Committee
    (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. 463; sec. 5, H. Res. 5, Jan.
    7, 1997, p. 121). See clause 1(e) of rule X, supra.
      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508) amended
    this section by standardizing its application to any bill, resolution,
    amendment, motion, or conference report. In the 107th through 111th
    Congresses,

      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, because the concurrent
    resolution is effectively discharged consistent with, and not in
    violation of, this section (Mar. 13, 1986, p. 4638).

      The following were held to violate this section: (1) an amendment
    directing that certain lease-purchase agreements be scored on an annual
    basis for budget purposes (July 19, 1999, p. 16615); and (2) an
    amendment designating an appropriation as ``emergency spending'' within
    the meaning of the budget-enforcement laws (Sept. 8, 1999, p. 20930).

      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.

    [[Page 1046]]

      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

            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

    [[Page 1047]]

            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

            levels (including outlays) included 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.

    [[Page 1048]]

      (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.

      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
    before consideration of conference reports or amendments in disagreement
    on such legislation, as well as subsections (b) and (c). The Budget
    Enforcement Act of 1990 (tit. XIII, P.L. 101-508) made conforming
    changes to subsections (a) and (b) to reflect the advent of five-year
    budget resolutions. Certain technical and conforming changes were made
    to this section by the Budget Enforcement Act of 1997 (sec. 10110, P.L.
    105-33).

      Section 308(a)(1) does not apply either to the consideration or to the
    adoption of a special order reported from the Rules Committee ``self-
    executing'' the adoption in the House of an amendment providing new
    budget authority, because 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 because it is the
    amendment itself, and not the special order resolution, that provides
    the new budget authority (Feb. 24, 1993, p. 3543). 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. 31354).

                  house approval of regular appropriation bills

    [[Page 1049]]

    odically advise the Speaker as to changes in jurisdiction among its
    various subcommittees.

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

      The Balanced Budget and Emergency Deficit Control Act of 1985 (tit.
    II, P.L. 99-177) added this section. See also section 310(f), infra.

                                 reconciliation

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

              (1) specify the total amount by which--

                      (A) new budget authority for such fiscal year;

                      (B) budget authority initially provided for prior

                    fiscal years;

                      (C) new entitlement authority which is to become

                    effective during such fiscal year; and

                      (D) credit authority for such fiscal year,

            contained in laws, bills, and resolutions within the

            jurisdiction of a committee is to be changed and direct that

            committee to determine and recommend changes to accomplish a

            change of such total amount;

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

            changed and direct that the committees having jurisdiction to

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

            resolutions to accomplish a change of such total amount;

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

            public debt is to be changed and direct the committee having

            jurisdiction to recommend such change; or

              (4) specify and direct any combination of the matters

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

            to achieve deficit reduction).

      (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

    [[Page 1050]]

            recommendations; or

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

            directed to determine and recommend changes, each such committee

            so directed shall promptly make such determination and

            recommendations and submit such recommendations to the Committee

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

            recommendations, shall report to its House reconciliation

            legislation carrying out all such recommendations without any

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

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

              (A) if--

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

                    paragraph (1) of such subsection recommended by such

                    committee do not exceed or fall below the amount of the

                    changes such committee was directed by such concurrent

                    resolution to recommend under that paragraph by more

                    than--

                            (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

    [[Page 1051]]

                    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

            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

    [[Page 1052]]

            reconciliation resolution if such amend

            ment 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

            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

    [[Page 1053]]

            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

            motions and appeals in connection therewith, shall be limited to

            not more than 20 hours.

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

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

    [[Page 1054]]

    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. Clause 7 of rule XXI, adopted in the 110th
    Congress, places restrictions on reconciliation directives relative to
    the surplus or deficit (sec. 402, H. Res. 6, Jan. 4, 2007, p. _ (adopted
    Jan. 5, 2007)).

      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 recently 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

          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

    [[Page 1055]]

            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

            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;

    [[Page 1056]]

              (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.

      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).

      Clause 8 of rule XXI, adopted in the 110th Congress, provides that
    points of order under title III of the Budget Act apply to unreported
    measures (sec. 403, H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5,
    2007)). Previously, a point of order under section 311(a) operated with
    respect to a bill or joint resolution in its reported state and thus did
    not lie against consideration of an unreported measure (Mar. 21, 1995,
    p. 8491). The budget resolution deemed in place for fiscal year 2005
    provided that, for purposes of titles II and III of the Budget Act, the
    term ``amendment'' or ``amendment thereto'' means an amendment offered
    or an amendment made in order as original text or considered as adopted
    by special order of the House (sec. 406, S. Con. Res. 95, 108th Cong.,
    May 19, 2004, deemed in place by H. Res. 649, 108th Cong., May 19, 2004,
    p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4, 2005, p. _).
    The House has adopted resolutions to deem budget resolutions, or
    portions thereof, to be in place for temporary enforcement (H. Res. 231,
    July 24, 1985, p. 20181; H. Res. 413, June 19, 1990, p. 14612; H. Res.
    477, June 19, 1998, p. 12991; sec. 2(a)(1), H. Res. 5, Jan. 6, 1999, p.
    47; H. Res. 428, May 22, 2002, pp. 8675, 8676; sec. 3(a)(4), H. Res. 5,
    Jan. 7, 2003, p. 10; H. Res. 649, May 19, 2004, p. _; sec. 3(a)(4), H.
    Res. 5, Jan. 4, 2005, p. _; sec 2(a), H. Res. 818, May 18, 2006, p. _;
    sec. 511(a)(4), H. Res. 6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)).

    [[Page 1057]]

    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).
      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 that 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 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) because the appropriate level of new budget authority
    contained in the budget resolution had already been exceeded and because
    the Appropriations Committee had exceeded its section 302(a) allocation
    (thereby rendering the section 311(b) exception inapplicable) (Sept. 28,
    1989, p. 22267).

    [[Page 1058]]

    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 because 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
    that, 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, 17479). Also in the Senate, to a
    bill making comprehensive changes in the Social Security Act being
    considered at a time when the revenue floor established by the second
    concurrent resolution on the budget for that fiscal year had already
    been breached, an amendment to the Internal Revenue Code to delay
    interest and dividend withholding during that fiscal year was held to
    constitute a further revenue reduction and to violate section 311 (Vice
    President Bush, Mar. 22, 1983, p. 6573). An amendment in the Senate to a
    Defense Department authorization bill, providing a new entitlement
    program of educational assistance to members and veterans of the armed
    forces, to become effective in a future fiscal year or at any earlier
    time if so determined by the President, was held to allow new
    entitlement spending for the current fiscal year

                       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

            total outlays for that fiscal year that exceeds;
    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.

    [[Page 1059]]

    would remedy the violation of this Act, is pending before the Senate.
      (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

      (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. The concurrent resolution on the budget for
    fiscal year 2000 included a point of order against consideration in the
    House or Senate of a concurrent resolution on the budget for fiscal year
    2001, or any amendment thereto or conference report thereon, that sets
    forth a deficit for any fiscal year (as determined by the Budget
    Committee) (sec. 201, H. Con. Res. 68, 106th Cong., Apr. 13, 1999, p.
    6337). Clause 10 of rule XXI, adopted in the 110th Congress, provides
    for estimates from the Committee on the Budget on the effect of a
    measure on the surplus or deficit.

                 extraneous matter in reconciliation legislation

    [[Page 1060]]

    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
    defined in subsection (b) shall be deemed stricken from

      (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 1061]]

    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 a result of the provision, in the event
    of new regulations

      (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 1062]]

    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 shall proceed, without intervening
    action or motion, to

      (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 1063]]

    guage with no budgetary effect and is, therefore, in violation of this
    section (Oct. 27, 1995, p. 30379).

      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. 19764). A provision that achieved a net
    reduction in revenue beyond the 10-year directive of the concurrent
    resolution on the budget was stricken under this section (July 28, 1999,
    pp. 18172, 18178). An amendment expressing the sense of the Senate
    presents nonbinding lan

                                   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

    [[Page 1064]]

                    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

            international organizations, international peacekeeping, and

            multilateral development banks;

              (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; or

              (6) in the case of an amount for adoption incentive payments

            (as defined in section 251(b)(2)(G) of the Balanced Budget and

            Emergency Deficit Control Act of 1985) for fiscal year 1999,

            2000, 2001, 2002, or 2003 for the Department of Health and Human

            Services, an amount not to exceed $20,000,000.

      (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

    [[Page 1065]]

            outlays'' in that section.

      This section was added by the Budget Enforcement Act of 1997 (sec.
    10114, P.L. 105-33). Subsection (b)(6) was added by the Adoption and
    Safe Families Act of 1997 (sec. 201(b), P.L. 105-89). Emergency
    designations for discretionary budget authority under section 314 are
    ineffectual because section 251 of the Balanced Budget and Emergency
    Deficit Control Act of 1985 has expired pursuant to Sec. 275 of that
    Act. Budget resolutions have provided that new budget authority, new
    entitlement authority, outlays, and receipts designated as an emergency
    in bills, joint resolutions, amendments, or conference reports are not
    cognizable under specified sections of title III and IV of the Budget
    Act. The budget resolutions also have required to be included in a
    committee report, joint statement of managers, or the Congressional
    Record an explanation of how an emergency item meets certain criteria
    (sec. 502, H. Con. Res. 95, 108th Cong.; sec. 402, S. Con. Res. 95,
    108th Cong., May 19, 2004, deemed in place by H. Res. 649, 108th Cong.,
    May 19, 2004, p. _, and by sec. 3(a)(4), H. Res. 5, 109th Cong., Jan. 4,
    2005, p. _; sec. 402, H. Con. Res. 95, 109th Cong.; sec. 204, S. Con.
    Res. 21, 110th Cong.; sec. 301, S. Con. Res. 70, 110th Cong.). The
    budget resolution adopted by the House in 2006 provided a specific
    amount of emergency spending that, to be exceeded, would require a vote
    of the Committee on the Budget to raise the relevant 302 allocation
    (sec. 501, H. Con. Res. 376, 109th Cong., May 18, 2006).

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

                                 representatives

      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 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.

      This section was added by the Budget Enforcement Act of 1997 (sec.
    10115, P.L. 105-33). In the 106th, 107th, 108th, 109th, and 110th
    Congresses, the House adopted an order to enforce a 303(a) point of
    order against a reported bill or joint resolution considered under a
    special order of business on the basis of text made in order as original
    text (sec. 2(a)(3), H. Res. 5, Jan. 6, 1999, p. 47; sec. 3(b)(2), H.
    Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(2), H. Res. 5, Jan. 7, 2003, p.
    10; sec. 3(a)(2), H. Res. 5, Jan. 4, 2005, p. _; sec. 511(a)(2), H. Res.
    6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)). See clause 8 of rule XXI
    for similar treatment of unreported bills under title III.

    [[Page 1066]]

    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).

      The Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508)
    established a new title VI that placed temporary limits on discretionary
    spending and provided mechanisms for enforcement that included those
    found in title

          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

            required for such fiscal year if such bill or resolution is

            enacted as so reported exceeds the appropriate allocation of new

    [[Page 1067]]

            budget authority reported under section 302(b) in con

            nection 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--
    ---------------------------------------------------------------------------

      \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) 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--

                      (A) the outlays resulting therefrom are made by an

                    organization which is (i) a mixed-ownership Government

    [[Page 1068]]

                    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 of such measures.

    [[Page 1069]]

      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'' that 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. 8491). 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 a Secretary to borrow funds by issuing Government notes as a
    public debt transaction to make payments in connection with defaults on
    loans by medical students, not subject to amounts specified in advance
    by appropriation acts, was ruled out of order as violating section
    401(a) (Sept. 27, 1976, pp. 32655-704).

      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. 8491). 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 that could become effective
    before 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, 3210). 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 before 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
    (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. 12178).

    [[Page 1070]]

    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 Appropriations Committee pursuant to section 401(b) (Speaker
    O'Neill, June 5, 1979, p. 13385; June 6, 1979, p. 13665). The Speaker
    may exercise the 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, that
    has yet to be 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 Appropriations Committee for the 15-day
    period a bill reported by that committee that exceeded the total
    entitlement authority allocated to that committee in the joint
    statement, and also referred a subsequent bill reported by that
    committee that 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 practical effect because that section
    remained linked to section 302 rather than the overriding section 602.
    Before consideration of a bill in Committee of the Whole, the Speaker
    may discharge from the Union Calendar and refer to the Appropriations
    Committee for 15 days, pursuant to section 401(b), a bill that 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
    before final adoption of the first budget resolution (Speaker O'Neill,
    July 19, 1978, pp. 21786, 21787; May 21, 1981, p. 10622). A bill
    reported from the Committee on Agriculture amending the Food and
    Agriculture Act to increase certain commodity target prices of 1979
    crops, thereby providing new entitlement authority for fiscal year 1980
    in excess of the amount allocated to that committee under the first
    budget resolution, and a bill reported from the

      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 that
    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 (Sept. 27, 1976, pp. 32655-704). A
    provision that requires payments to individuals meeting certain
    qualifications, but that 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. 7203). The 106th Congress adopted a temporary rule excluding
    Federal compensation from the definition of entitlement authority (sec.
    2(a)(2), H. Res. 5, Jan. 6, 1999, p. 47), which expired upon the
    adoption of the budget resolution for fiscal year 2000. The 107th,
    108th, and 111th Congresses adopted that rule for the entire Congress
    (sec. 3(b)(3), H. Res. 5, Jan. 3, 2001, p. 24; sec. 3(a)(3), H. Res. 5,
    Jan. 7, 2003, p. 10; sec. 3(a)(3), H. Res. 5, Jan. 6, 2009, p. _). The
    109th and 110th Congresses adopted that rule for the entire Congress but
    limited its applicability to section 401 (sec. 3(a)(3), H. Res. 5, Jan.
    4, 2005, p. _; sec. 511(a)(3), H. Res. 6, Jan. 4, 2007, p. _ (adopted
    Jan. 5, 2007)).

    [[Page 1071]]

    ing programs did not apply to new entitlement authority for future
    fiscal years (Speaker Albert, Sept. 30, 1976, pp. 34074-100).

      The former definition of new entitlement authority did not include
    revenue-sharing spending authority in the form of entitlements, because
    the exception from the definition of new spending authority for revenue-
    shar

                     analysis by congressional budget office

      Sec. 402. The Director of the Congressional Budget Office shall, to
    the extent practicable, prepare for each bill or resolution of a public
    character reported by any committee of the House of Representatives or
    the Senate (except the Committee on Appropriations of each House), and
    submit to such committee--

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

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

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

            following such fiscal year, together with the basis for each

            such estimate;

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

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

            such committee or by any Federal agency; and

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

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

    [[Page 1072]]

      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 308 (Nov. 20, 1993, p. 31354).

      study by the general accounting office of forms of federal financial

              commitment that are not reviewed annually by congress

      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). The General
    Accounting Office is now designated the Government Accountability Office
    (31 U.S.C. 702 note).

                  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

    [[Page 1073]]

      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

      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

    [[Page 1074]]

                        recognized professional or trade associations; and

                            (ii) reasonable steps to mitigate the costs

                        shall not include increases in State, local, or

                        tribal taxes or fees; and

                      (D) shall not include--

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

                        tribal governments (in the case of a Federal

                        intergovernmental mandate) or the private sector (in

                        the case of a Federal private sector mandate) would

                        spend--

        (I) to comply with or carry out all applicable Federal, State, local,
    and tribal laws and regulations in effect at the time of the adoption of
    the Federal mandate for the same activity as is affected by that Federal
    mandate; or

        (II) to comply with or carry out State, local, and tribal governmental
    programs, or private-sector business or other activities in effect at the
    time of the adoption of the Federal mandate for the same activity as is
    affected by that mandate; or

                            (ii) expenditures to the extent that such

                        expenditures will be offset by any direct savings to

                        the State, local, and tribal governments, or by the

                        private sector, as a result of--

        (I) compliance with the Federal mandate; or

        (II) other changes in Federal law or regulation that are enacted or
    adopted in the same bill or joint resolution or proposed or final Federal
    regulation and that govern the same activity as is affected by the Federal
    mandate.

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

            with respect to the result of compliance with the Federal

            mandate--

                      (A) in the case of a Federal intergovernmental

                    mandate, means the aggregate estimated reduction in

                    costs to any State, local, or tribal government as a

                    result of compliance with the Federal intergovernmental

                    mandate; and

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

                    means the aggregate estimated reduction in costs to the

                    private sector as a result of compliance with the

    [[Page 1075]]

                    Federal private sector mandate.

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

            intergovernmental mandate'' means--

                      (A) any provision in legislation, statute, or

                    regulation that--

                            (i) would impose an enforceable duty upon State,

                        local, or tribal governments, except--

        (I) a condition of Federal assistance; or

        (II) a duty arising from participation in a voluntary Federal program,
    except as provided in subparagraph (B); or

                            (ii) would reduce or eliminate the amount of

                        authorization of appropriations for--

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

        (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; [or]

                      (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

    [[Page 1076]]

                        decrease, the Federal Government's responsibility

                        to provide funding to State, local, or tribal

                        governments under the program; and

                            (ii) the State, local, or tribal governments

                        that participate in the Federal program lack

                        authority under that program to amend their

                        financial or programmatic responsibilities to

                        continue providing required services that are

                        affected by the legislation, statute, or regulation.

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

            Federal intergovernmental mandate or a Federal private sector

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

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

            private sector mandate'' means any provision in legislation,

            statute, or regulation that--

                      (A) would impose an enforceable duty upon the private

                    sector except--

                            (i) a condition of Federal assistance; or

                            (ii) a duty arising from participation in a

                        voluntary Federal program; or

                      (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

    [[Page 1077]]

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

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

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

            community, including any Alaska Native village or regional or

            village corporation as defined in or established pursuant to the

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

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

            programs and services provided by the United States to Indians

            because of their special status as Indians.
    SEC. 422. EXCLUSIONS.

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

              (1) enforces constitutional rights of individuals;

              (2) establishes or enforces any statutory rights that prohibit

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

            national origin, age, handicap, or disability;

              (3) requires compliance with accounting and auditing

            procedures with respect to grants or other money or property

            provided by the Federal Government;

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

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

            State, local, or tribal government;

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

            or implementation of international treaty obligations;

              (6) the President designates as emergency legislation and that

            the Congress so designates in statute; or

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

            insurance program under title II of the Social Security Act

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

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

            and disability insurance)).
    SEC. 423. DUTIES OF CONGRESSIONAL COMMITTEES.

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

    [[Page 1078]]

    sional Budget Office and shall identify to the Director any Federal
    mandates contained in the bill or resolution.
      (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 Congres

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

              (1) an identification and description of any Federal mandates

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

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

            required to comply with the Federal mandates;

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

            assessment of costs and benefits anticipated from the Federal

            mandates (including the effects on health and safety and the

            protection of the natural environment); and

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

            affects both the public and private sectors and the extent to

            which Federal payment of public sector costs or the modification

            or termination of the Federal mandate as provided under section

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

            local, or tribal governments and the private sector including a

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

            avoid any adverse impact on the private sector or the

            competitive balance between the public sector and the private

            sector.

      (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

    [[Page 1079]]

            expected direct costs

            among and between the respective levels of State, local, and

            tribal government; and

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

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

            and tribal governments in meeting the direct costs of the

            Federal intergovernmental mandates.

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

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

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

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

            Representatives shall publish the statement in the committee

            report accompanying the bill or joint resolution to which the

            statement relates if the statement is available at the time the

            report is printed.

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

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

            joint resolution to which the statement relates is expected to

            be considered by the Senate or the House of Representatives

            before the report is published, the committee shall cause the

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

            Congressional Record in advance of floor consideration of the

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

            RESOLUTIONS OTHER THAN APPROPRIATIONS BILLS AND JOINT

            RESOLUTIONS.

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

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

            of all Federal intergovernmental mandates in the bill or joint

    [[Page 1080]]

            resolution will equal or exceed

            $50,000,000 (adjusted annually for inflation) in the fiscal year

            in which any Federal intergovernmental mandate in the bill or

            joint resolution (or in any necessary implementing regulation)

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

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

            the estimate, and briefly explain the basis of the estimate.

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

            include estimates (and brief explanations of the basis of the

            estimates) of--

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

                    the Federal intergovernmental mandates in the bill or

                    joint resolution;

                      (B) if the bill or resolution contains an

                    authorization of appropriations under section

                    425(a)(2)(B), the amount of new budget authority for

                    each fiscal year for a period not to exceed 10 years

                    beyond the effective date necessary for the direct cost

                    of the intergovernmental mandate; and

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

                    of appropriations under existing Federal financial

                    assistance programs, or of authorization of

                    appropriations for new Federal financial assistance,

                    provided by the bill or joint resolution and usable by

                    State, local, or tribal governments for activities

                    subject to the Federal intergovernmental mandates.

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

            is not feasible to make a reasonable estimate that would be

            required 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.

    [[Page 1081]]

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

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

            of all Federal private sector mandates in the bill or joint

            resolution will equal or exceed $100,000,000 (adjusted annually

            for inflation) in the fiscal year in which any Federal private

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

            necessary implementing regulation) would first be effective or

            in any of the 4 fiscal years following such fiscal year, the

            Director shall so state, specify the estimate, and briefly

            explain the basis of the estimate.

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

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

            estimates) of--

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

                    the Federal private sector mandates in the bill or joint

                    resolution; and

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

                    of appropriations under existing Federal financial

                    assistance programs, or of authorization of

                    appropriations for new Federal financial assistance,

                    provided by the bill or joint resolution usable by the

                    private sector for the activities subject to the Federal

                    private sector mandates.

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

            is not feasible to make a reasonable estimate that would be

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

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

            reasonable estimate cannot be made and shall include the reasons

            for that determination in the statement.

      (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.

    [[Page 1082]]

    sure, to the greatest extent practicable, that the Director shall
    prepare a statement as provided in this subsection or a supplemental
    statement for the bill or joint resolution in that amended form.
    SEC. 425. LEGISLATION SUBJECT TO POINT OF ORDER.
      (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 en

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

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

            committee unless the committee has published a statement of the

            Director on the direct costs of Federal mandates in accordance

            with section 423(f) before such consideration, except this

            paragraph shall not apply to any supplemental statement prepared

            by the Director under section 424(d); and

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

            conference report that would increase the direct costs of

            Federal intergovernmental mandates by an amount that causes the

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

            unless--

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

                    conference report provides new budget authority or new

                    entitlement authority in the House of Representatives or

                    direct spending authority in the Senate for each fiscal

                    year for such mandates included in the bill, joint

                    resolution, amendment, motion, or conference report in

                    an amount equal to or exceeding the direct costs of such

                    mandate; or

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

                    conference report includes an authorization for

                    appropriations in an amount equal to or exceeding the

                    direct costs of such mandate, and--

                            (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

    [[Page 1083]]

                        fiscal year to provide for the direct

                        costs under clause (i) of such mandate, and shall

                        (no later than 30 days after the beginning of the

                        fiscal year) notify the appropriate authorizing

                        committees of Congress of the determination and

                        submit either--

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

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

                            (II) provides for expedited procedures for the

                        consideration of the statement or legislative

                        recommendations referred to in subclause (I) by

                        Congress no later than 30 days after the statement

                        or recommendations are submitted to Congress; and

                            (III) provides that such mandate shall--

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

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

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

    [[Page 1084]]

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

      (c) Committee on Appropriations.--

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

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

                    by the Committee on Appropriations of the Senate or the

                    House of Representatives; except

                      (B) shall apply to--

                            (i) any legislative provision increasing direct

                        costs of a Federal intergovernmental mandate

                        contained in any bill or resolution reported by the

                        Committee on Appropriations of the Senate or House

                        of Representatives;

                            (ii) any legislative provision increasing direct

                        costs of a Federal intergovernmental mandate

                        contained in any amendment offered to a bill or

                        resolution reported by the Committee on

                        Appropriations of the Senate or House of

                        Representatives;

                            (iii) any legislative provision increasing

                        direct costs of a Federal intergovernmental mandate

                        in a conference report accompanying a bill or

                        resolution reported by the Committee on

                        Appropriations of the Senate or House of

                        Representatives; and

                            (iv) any legislative provision increasing direct

                        costs of a Federal intergovernmental mandate

                        contained in any amendments in disagreement between

                        the two Houses to any bill or resolution reported by

                        the Committee on Appropriations of the Senate or

                        House of Representatives.

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

            order being made by any Senator against any provision listed in

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

            Chair, such specific provision shall be deemed stricken from the

            bill, resolution, amendment, amendment in disagreement, or

            conference report and may not be offered as an amendment from

            the floor.

    [[Page 1085]]

      (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.

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

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

      (b) Disposition of Points of Order.--

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

            subsection shall apply only to the House of Representatives.

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

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

            section must specify the precise language on which it is

            premised.

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

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

            Chair shall put the question of consideration with respect to

            the proposition that is the subject of the points of order.

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

            consideration under this section shall be debatable for 10

            minutes by each Member initiating a point of order and for 10

            minutes by an opponent on each point of order, but shall

            otherwise be decided without intervening motion except one that

            the House adjourn or that the Committee of the Whole rise, as

            the case may be.

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

            disposition of the question of consideration under this

            subsection with respect to a bill or joint resolution shall be

            considered also to determine the question of consideration under

            this subsection with respect to an amendment made in order as

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

    [[Page 1086]]

    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

            for use for the purpose of complying with any Federal

            intergovernmental mandate, or to the private sector for use to

            comply with any Federal private sector mandate, and would not

            eliminate or reduce duties established by the Federal mandate by

            a corresponding amount; or

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

            direct costs of Federal intergovernmental mandates or Federal

            private sector mandates other than as described in paragraph

            (1).

      (b) Direct Costs.--

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

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

            motion, or conference report that reauthorizes appropriations,

            or that amends existing authorizations of appropriations, to

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

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

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

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

            described under paragraph (2)(B).

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

            are--

                      (A) the aggregate amount of direct costs of Federal

                    mandates that would result under the statute if the

                    bill, joint resolution, amendment, motion, or conference

                    report is enacted; and

                      (B) the aggregate amount of direct costs of Federal

                    mandates 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

    [[Page 1087]]

            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).

      Pursuant to section 426, a Member raising a point of order under
    section 425 or 426 must specify the precise language upon which the
    point of order is based (see e.g., May 23, 1996, p. 12283; May 14, 2008,
    p. _), and the content of estimates prepared under section 424 is a
    matter for debate (June 8, 2006, p _). A point of order under section
    426 raised against consideration of a resolution providing a special
    order of business must specify the precise language upon which the point
    of order is based (see e.g., June 10, 1998 p. 11853; June 26, 2001, p.
    11906), which may include a waiver of points of order against amendments
    (Jan. 28, 2009, p. _), must be made when the special order is called up
    and comes too late after the resolution has been adopted (July 18, 1996,
    p. 17668), and may be raised against a resolution that, by hereby
    adopting legislative text, effectively waives the application of section
    425 (Feb. 1, 2006, p. _). A point of order under section 425 against
    consideration of a bill is properly raised pending the Speaker's
    declaration that the House resolve into the Committee of the Whole for
    such consideration (Oct. 29, 1997, p. 23712). A statutorily privileged
    joint resolution of approval may be subject to a point of order under
    section 425 (May 8, 2002, p. 7145). Debate on the point of order is on
    the question of considering the underlying text that is the subject of
    the point of order (May 14, 2008, p. _). The Members controlling debate
    on the point of order may reserve their time (Mar. 28, 1996, p. 6932),
    and a manager of a measure who controls time for debate against the
    point of order has the right to close debate (June 10, 1998, p. 11854).
    Under clause 11 of rule XVIII an amendment may be offered in the
    Committee of the Whole that proposes only to strike an unfunded mandate
    unless precluded by specific terms of a special order of the House
    (Sec. 991, supra).

    * * * * *

                    TITLE VII--PROGRAM REVIEW AND EVALUATION

             continuing study of additional budget reform proposals

    [[Page 1088]]

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

              (1) improving the information base required for determining

            the effectiveness of new programs by such means as pilot

            testing, survey research, and other experimental and analytical

            techniques;

              (2) improving analytical and systematic evaluation of the

            effectiveness of existing programs;

              (3) establishing maximum and minimum time limitations for

            program authorization; and

              (4) developing techniques of human resource accounting and

            other means of providing noneconomic as well as economic

            evaluation measures.

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

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

    * * * * *

               TITLE IX--MISCELLANEOUS PROVISIONS; EFFECTIVE DATES

                          exercise of rulemaking powers

      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.

    [[Page 1089]]

    voting, a quorum being present, or by the unanimous consent of the
    Senate.

      (b) Any provision of title III or IV may be waived or suspended in the
    Senate by a majority vote of the Members

      (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.

      (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.

    [[Page 1090]]

    authority contained in clause 5 of rule XIII (former clause 4(b) of rule
    XI) to report on rules and the order of business, the Rules Committee
    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 Rules Committee providing for
    consideration of a concurrent resolution on the budget does not lie
    based upon alleged violation of a statute that merely reaffirms the
    congressional commitment towards achieving balanced Federal budgets
    (P.L. 96-389), because the statute does not constitute a rule of the
    House and because 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, 13353). A unanimous-consent agreement that
    only permits a (nonprivileged) bill to be considered in the House before
    three-day availability of the report thereon, but that 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).

      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