    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 119th Congress]
    [119th Congress]
    [House Document 118-187]
    [Legislate Procedures Enacted in Law]
    [Pages 1314-1320]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    29. Balanced Budget and Emergency Deficit Control Act [2 U.S.C. 904(i),

                                   907a-907c]

    SEC. 254. REPORTS AND ORDERS.
    * * * * *
      These excerpts are provided for quick reference. They include the
    provisions of the Act that relate directly to House procedure. Sections
    258-258C primarily provide for reporting and consideration of
    legislation in the Senate; therefore, only portions of those sections
    are carried here.

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

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

            such notification is given, the quarter preceding such

            notification and the 4 quarters following such notification, CBO

            or OMB has determined that real economic growth is projected or

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

            consecutive quarters within such period; or

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

            preliminary or final reports of actual real economic growth

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

            most recently reported quarter and the immediately preceding

    * * * * *
    SEC. 258. SUSPENSION IN THE EVENT OF WAR OR LOW GROWTH.
            quarter is less than one percent.

    [[Page 1315]]

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

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

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

            Representatives may, and the Majority Leader of the Senate

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

            paragraph (2)) declaring that the conditions specified in

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

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

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

              (2) Form of joint resolution.--

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

                    resolution introduced pursuant to paragraph (1) shall be

                    as follows: ``That the Congress declares that the

                    conditions specified in section 254(j) of the Balanced

                    Budget and Emergency Deficit Control Act of 1985 are

                    met, and the implementation of the Congressional Budget

                    and Impoundment Control Act of 1974, chapter 11 of title

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

                    Budget and Emergency Deficit Control Act of 1985 are

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

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

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

                    resolution suspending certain provisions of law pursuant

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

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

                    resolution shall not contain any preamble.

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

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

            committees of the House of Representatives or the Committee on

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

            shall report the joint resolution to its House without amendment

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

            after the date on which the joint resolution is introduced. If

            the Committee fails to report the joint resolution within the

            five-day period referred to in the preceding sentence, it shall

            be automatically discharged from further consideration of the

            joint resolution, and the joint resolution shall be placed on

            the appropriate calendar.

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

            passage of a joint resolution reported to the Senate or

    [[Page 1316]]

            discharged pursuant to paragraph (3)

            shall be taken on or before the close of the fifth calendar day

            of session after the date on which the joint resolution is

            reported or after the Committee has been discharged from further

            consideration of the joint resolution. If prior to the passage

            by one House of a joint resolution of that House, that House

            receives the same joint resolution from the other House, then--

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

                    if no such joint resolution had been received from the

                    other House, but

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

                    resolution of the other House.

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

            of Representatives (in the case of a House joint resolution

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

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

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

            certified, and transmitted to the other House of the Congress as

            soon as practicable.
    * * * * *

      (b) Suspension of Sequestration Procedures.--Upon the enactment of a
    declaration of war or a joint resolution described in subsection (a)--

              (1) the subsequent issuance of any sequestration report or any

            sequestration order is precluded;

              (2) sections 302(f), 310(d), 311(a), and title VI of the

            Congressional Budget Act of 1974 are suspended; and

              (3) section 1103 of title 31, United States Code, is

            suspended.

      (c) Restoration of Sequestration Procedures.--(1) In the event of a
    suspension of sequestration procedures due to a declaration of war,
    then, effective with the first fiscal year that begins in the session
    after the state of war is concluded by Senate ratification of the
    necessary treaties, the provisions of subsection (b) triggered by that
    declaration of war are no longer effective.

    [[Page 1317]]

    SEC. 258A. MODIFICATION OF PRESIDENTIAL ORDER.
      (2) In the event of a suspension of sequestration procedures due to
    the enactment of a joint resolution described in subsection (a), then,
    effective with regard to the first fiscal year beginning at least 12
    months after the enactment of that resolution, the provisions of
    subsection (b) triggered by that resolution are no longer effective.

      (a) Introduction of Joint Resolution.--At any time after the Director
    of OMB issues a final sequestration report under section 254 for a
    fiscal year, but before the close of the twentieth calendar day of the
    session of Congress beginning after the date of issuance of such report,
    the majority leader of either House of Congress may introduce a joint
    resolution which contains provisions directing the President to modify
    the most recent order issued under section 254 or provide an alternative
    to reduce the deficit for such fiscal year. After the introduction of
    the first such joint resolution in either House of Congress in any
    calendar year, then no other joint resolution introduced in such House
    in such calendar year shall be subject to the procedures set forth in
    this section.

      (b) Procedures for Consideration of Joint Resolutions.--
    * * * * *

              (7) Resolution from other house.--If, before the passage by

            the Senate of a joint resolution of the Senate introduced under

            subsection (a), the Senate receives from the House of

            Representatives a joint resolution introduced under subsection

            (a), then the following procedures shall apply:

                      (A) The joint resolution of the House of

                    Representatives shall not be referred to a committee and

                    shall be placed on the calendar.

                      (B) With respect to a joint resolution introduced

                    under subsection (a) in the Senate--

                            (i) the procedure in the Senate shall be the

                        same as if no joint resolution had been received

                        from the House; but

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

                        the joint resolution of the House if it is identical

                        to the joint resolution then pending for passage in

                        the Senate; or

                            (II) if the joint resolution from the House is

                        not identical to the joint resolution then pending

                        for passage in the Senate and the Senate then passes

                        the Senate joint resolution, the Senate shall be

                        considered to have passed the House joint resolution

                        as amended by the text of the Senate joint

    [[Page 1318]]

                        resolution.

                      (C) Upon disposition of the joint resolution received

                    from the House, it shall no longer be in order to

                    consider the resolution originated in the Senate.

              (8) Senate action on house resolution.--If the Senate receives

            from the House of Representatives a joint resolution introduced

            under subsection (a) after the Senate has disposed of a Senate

            originated resolution which is identical to the House passed

            joint resolution, the action of the Senate with regard to the

            disposition of the Senate originated joint resolution shall be

            deemed to be the action of the Senate with regard to the House

            originated joint resolution. If it is not identical to the House

            passed joint resolution, then the Senate shall be considered to

            have passed the joint resolution of the House as amended by the

    SEC. 258B. FLEXIBILITY AMONG DEFENSE PROGRAMS, PROJECTS, AND ACTIVITIES.
            text of the Senate joint resolution.

      (a) Subject to subsections (b), (c), and (d), new budget authority and
    unobligated balances for any programs, projects, or activities within
    major functional category 050 (other than a military personnel account)
    may be further reduced beyond the amount specified in an order issued by
    the President under section 254 for such fiscal year. To the extent such
    additional reductions are made and result in additional outlay
    reductions, the President may provide for lesser reductions in new
    budget authority and unobligated balances for other programs, projects,
    or activities within major functional category 050 for such fiscal year,
    but only to the extent that the resulting outlay increases do not exceed
    the additional outlay reductions, and no such program, project, or
    activity may be increased above the level actually made available by law
    in appropriation Acts (before taking sequestration into account). In
    making calculations under this subsection, the President shall use
    account outlay rates that are identical to those used in the report by
    the Director of OMB under section 254.

      (b) No actions taken by the President under subsection (a) for a
    fiscal year may result in a domestic base closure or realignment that
    would otherwise be subject to section 2687 of title 10, United States
    Code.

    [[Page 1319]]

      (c) The President may not exercise the authority provided by this
    paragraph for a fiscal year unless--

              (1) the President submits a single report to Congress

            specifying, for each account, the detailed changes proposed to

            be made for such fiscal year pursuant to this section;

              (2) that report is submitted within 5 calendar days of the

            start of the next session of Congress; and

              (3) a joint resolution affirming or modifying the changes

            proposed by the President pursuant to this paragraph becomes

            law.

      (d) Within 5 calendar days of session after the President submits a
    report to Congress under subsection (c)(1) for a fiscal year, the
    majority leader of each House of Congress shall (by request) introduce a
    joint resolution which contains provisions affirming the changes
    proposed by the President pursuant to this paragraph.

      (e)(1) The matter after the resolving clause in any joint resolution
    introduced pursuant to subsection (d) shall be as follows: ``That the
    report of the President as submitted on [Insert Date] under section 258B
    is hereby approved.''.

      (2) The title of the joint resolution shall be ``Joint resolution
    approving the report of the President submitted under section 258B of
    the Balanced Budget and Emergency Deficit Control Act of 1985.''.

    * * * * *

      (3) Such joint resolution shall not contain any preamble.

      (l) If, before the passage by the Senate of a joint resolution of the
    Senate introduced under subsection (d), the Senate receives from the
    House of Representatives a joint resolution introduced under subsection
    (d), then the following procedures shall apply:

              (1) The joint resolution of the House of Representatives shall

            not be referred to a committee.

              (2) With respect to a joint resolution introduced under

            subsection (d) in the Senate--

                      (A) the procedure in the Senate shall be the same as

                    if no joint resolution had been received from the House;

                    but

                      (B)(i) the vote on final passage shall be on the joint

                    resolution of the House if it is identical to the joint

                    resolution then pending for passage in the Senate; or

                      (ii) if the joint resolution from the House is not

                    identical to the joint resolution then pending for

    [[Page 1320]]

                    passage in the Senate and the Senate then passes

                    the Senate joint resolution, the Senate shall be

                    considered to have passed the House joint resolution as

                    amended by the text of the Senate joint resolution.

              (3) Upon disposition of the joint resolution received from the

            House, it shall no longer be in order to consider the joint

            resolution originated in the Senate.

      (m) If the Senate receives from the House of Representatives a joint
    resolution introduced under subsection (d) after the Senate has disposed
    of a Senate originated joint resolution which is identical to the House
    passed joint resolution, the action of the Senate with regard to the
    disposition of the Senate originated joint resolution shall be deemed to
    be the action of the Senate with regard to the House originated joint
    resolution. If it is not identical to the House passed joint resolution,
    then the Senate shall be considered to have passed the joint resolution
    of the House as amended by the text of the Senate joint resolution.

                                                               Sec. 1130(30)